,cover ,illustration ,,trials ,,of ,,war ,,criminals ,,before ,,the ,,nuernberg ,,military ,,tribunals ,,under ,,control ,,council ,,law ,no4 #aj ,illustration ,,volume ,,ii ,,nuernberg ,,october #aidf-;,,april #aidi ,for sale by the ,superintendent of ,documents1 ,u4,s4 ,government ,printing ,office ,washington #be1 ,d4 ,c4 -- ,price #b4ge 7,buckram7 ,,contents ,the ,medical ,case 7,introductory material and basic directives under which trials were conducted together with ,chapters ,i-,,viii-,e of ,medical ,case are printed in ,volume ,i47 ,page ,,viii4 ,evidence and ,arguments on ,important ,aspects of the ,case 7cont'd7 #a ,f4 ,necessity #a ,g4 ,subjection to ,medical ,experimentation as ,substitute for ,penalties #dd ,h4 ,usefulness of the ,experiments #fa ,i4 ,medical ,ethics #gj #a4 ,general ,principles #gj #b4 ,german ,medical ,profession #hf #c4 ,medical ,experiments in other ,countries #ij ,,ix4 ,ruling of the ,tribunal on ,count ,one of the ,indictment #abb ,x4 ,final ,plea for ,defendant ,karl ,brandt by ,dr4 ,servatius #abc ,,xi4 ,final ,statements of the ,defendants1 #ai ,july #aidg #ach ,,xii4 ,judgment #aga ,the ,jurisdiction of the ,tribunal #agb ,the ,charge #agc ,count ,one #agc ,count ,two and ,three #agd ,count ,four #ahj ,the ,proof as to ,war ,crimes and ,crimes ,against ,humanity #aha ,permissible ,medical ,experiments #aha ,the ,medical ,service in ,germany #ahd ,the ,ahnenerbe ,society #ahh ,karl ,brandt #ahi ,handloser #aih ,rostock #bjh ,schroeder #baj ,genzken #bag ,gebhardt #bbc ,blome #bbh ,rudolf ,brandt #bce ,mrugowsky #bda ,poppendick #bdh ,sievers #bec ,rose #bfd ,ruff1 ,romberg1 and ,weltz #bgb ,brack #bgg ,becker-,freyseng #bha ,schaefer #bhe ,hoven #bhf ,beiglboeck #bij ,pokorny #bib ,oberheuser #bid ,fischer #bif ,sentences #bih ,,xiii4 ,petitions #cja ,,xiv4 ,affirmation of ,sentences by the ,military ,governor of the ,united ,states ,zone of ,occupation #cbg ,,xv4 ,order of the ,united ,states ,supreme ,court ,denying ,writ of ,habeas ,corpus #ccj ,appendix #cca ,table of ,comparative ,ranks #cca ,list of ,witnesses in ,case #a #ccb ,index of ,documents and ,testimony #ccf ,the ,milch ,case ,introduction #cee ,order ,constituting ,tribunal #ceg ,members of ,military ,tribunal ,,ii #cei ,prosecution ,counsel #cei ,defense ,counsel #cei ,i4 ,indictment #cfj ,,ii4 ,arraignment #cfe ,,iii4 ,opening ,statements #cff ,a4 ,opening ,statement for the ,prosecution #cff ,b4 ,opening ,statement for the ,defense #cgg ,,iv4 ,selections from the ,documents and ,testimony of ,witnesses of ,prosecution and ,defense #che ,a4 ,slave ,labor #che #a4 ,general ,slave ,labor ,program in ,germany #che #b4 ,the ,central ,planning ,board #ddd #c4 ,the ,jaegerstab #ebd #d4 ,generalluftzeugmeister #eif ,b4 ,medical ,experiments #fbc ,c4 ,curriculum ,vitae and ,excerpts from the ,testimony of the ,defendant ,milch #fcc ,v4 ,closing ,statements #fij ,a4 ,closing ,statement of the ,prosecution #fij ,b4 ,closing ,statement of the ,defense #gcj ,,vi4 ,final ,statement of the ,defendant1 #be ,march #aidg #ggb ,,vii4 ,judgment #ggc ,a4 ,opinion and ,judgment of the ,united ,states ,military ,tribunal ,,ii #ggc ,b4 ,concurring ,opinion by ,judge ,michael ,a4 ,musmanno #gig ,c4 ,concurring ,opinion by ,judge ,fitzroy ,d4 ,phillips #hfj ,,viii4 ,petitions #hgi ,a4 ,extract from ,petition for ,clemency to ,military ,governor of ,united ,states ,zone of ,occupation #hgi ,b4 ,petition to the ,supreme ,court of the ,united ,states for ,writ of ,habeas ,corpus #hhc ,,ix4 ,affirmation of ,sentence by the ,military ,governor of the ,united ,states ,zone of ,occupation #hhg ,x4 ,order of the ,united ,states ,supreme ,court1 #bj ,october #aidg1 ,denying ,writ of ,habeas ,corpus #hhh ,appendix #hhi ,list of ,witnesses in ,case #b #hhi ,index of ,documents and ,testimony #hia ,,viii4 ,,evidence ,,and ,,arguments ,,on ,,important ,,aspects ,,of ,,the ,,case--,continued ,f4 ,necessity a4 ,introduction ,the defense generally argued that the medical experiments took place because of military necessity or the national emergency presented by war4 ,the defendant ,sievers argued that his participation in various experiments was a necessary part of his participation in a resistance movement in ,germany4 ,the defendant ,hoven argued that the concentration camp inmates1 who were killed by him or with his approval and knowledge1 were selected by the camp leadership which had been formed by the political inmates themselves4 ,hoven also argued that the inmates killed were all dangerous criminals who collaborated voluntarily with the ,,ss1 and if they would not have been removed1 the political inmates would have been exterminated by these criminals and by the ,,ss4 ,he concluded that it was therefore necessary1 in order to prevent greater harm1 either to kill these 8stool pigeons0 personally or to give his approval for their extermination4 ,on the argument of military necessity and national emergency1 extracts from the final plea for the defendant ,gebhardt are included on pages #e to #ab4 ,on the general question of necessity1 extracts are included from the examination of the defendant ,karl ,brandt by ,judge ,sebring on pages #bi to #cj1 and from the cross-examination of the prosecution's expert witness1 ,dr4 ,andrew ,c4 ,ivy on pages #db to #dd4 ,the prosecution discussed the general question of necessity in its opening statement4 ,the argument of the defendant ,sievers that his participation was necessary in connection with resistance to the ,nazi leadership appears in his final plea1 an extract from which is given on pages #ac to #be4 ,from the evidence supporting the claim of ,sievers1 extracts from the testimony of defense witness ,dr4 ,friedrich ,hielscher are included on pages #cj to #da4 ,the prosecution's reply to ,sievers' special defense was made1 in part1 in the prosecution's closing statement1 an extract of which appears on pages #d to #e4 ,the argument of the defendant ,hoven that the killing of concentration camp inmates1 of which he was accused1 was justifiable homicide appears in his final plea1 an extract of which is set forth on pages #be to #bh4 ,the prosecution's reply to this special defense is set forth in the closing brief against the defendant ,hoven1 an extract of which will be found on pages #b to #d4 b4 ,selections from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,hoven 99 99 99 99 99 7,hoven7 tried to justify the killings of concentration camp inmates by stating that these inmates were informers1 spies1 and stool pigeons of the ,,ss and therefore had to be exterminated4 ,he said that if they had been permitted to carry on with their activities1 the illegal camp management would have been wiped out and the criminal inmates in the camp would have gained the upper hand4 ,hoven's attempt at justification for the killing of inmates of concentration camps is1 of course1 no defense4 ,it may well be true that ,hoven sympathized and even collaborated with the illegal camp management4 ,it may also be true that some of his victims may have been killed by him on the basis of suggestions put forward by this illegal camp management4 ,but it goes without saying that these political prisoners1 who instigated the murder of their opponents1 were in no position to judge whether it was really necessary to kill them for the sake of the camp community4 ,they only judged this emergency from their own point of view1 i4e41 from the point of view of the benefit of themselves4 ,hoven himself had no judgment at all in this respect and simply made himself the willing and bought tool of a small clique in the camp1 who undoubtedly often tried to eliminate not only persons whose activities were considered detrimental to the well-being of their fellow inmates1 but also personal opponents and enemies4 ,that ,hoven was corrupted by the inmates and paid for his murders is proved by the testimony of several witnesses4 ,kogon testified3 8,i can only conclude that both motives1 the political motive and the motive of corruption1 were active in the case of ,dr4 ,hoven4 ,if ,dr4 ,hoven expressed any desire--and he expressed many desires--then these wishes were always filled40 7,tr4 p4 #abac47 8,he himself expressed many wishes constantly and all possible advantages were given him by such people whom he had saved40 7,tr4 p4 #abad47 ,kirchheimer testified to the same effect4 7,tr4 p4 #acdf47 ,the defense witness ,pieck painted pictures for ,hoven and his family1 and the defense witness ,horn in his affidavit stated that ,hoven was very corrupt4 ,the prisoners knew it and they corrupted him in every possible manner and made him gifts of furniture1 underwear1 and food4 ,there were periods in which complete workshops were erected for ,hoven in which thirty or more inmates were working4 ,pieter ,schalker testified before the ,dutch ,bureau for the ,investigation of ,war ,crimes in ,amsterdam that ,hoven played an exceptionally evil role and had innumerable deaths on his conscience owing to completely inadequate medical attention4 ,in later years1 when it became obvious that ,germany would be defeated1 he changed his attitude towards the inmates4 7,,no-#ajfc1 ,pros4 ,ex4 #cbh47 ,when ,schalker was interrogated by the commissioner of the ,tribunal on the motion of defense counsel1 he amplified his statement by saying that ,hoven stole the food which was furnished for the experimental subjects in ,block #df and also obtained other items such as shoes1 toys1 and women's clothing4 ,the testimony of the affiant ,ackermann1 who was an inmate in the pathological department under ,hoven1 proves that ,hoven participated in the customary brutal crimes in concentration camps4 ,he said-- 8,dr4 ,hoven stood once together with me at the window of the pathological section and pointed to a prisoner1 not known to me1 who crossed the place where the roll calls were held4 ,dr4 ,hoven said to me3 #8,i want to see the skull of this prisoner on my writing desk by tomorrow evening4' ,the prisoner was ordered to report to the medical section1 after the physician had noted down the number of the prisoner4 ,the corpse was delivered on the same day to the dissection room4 ,the postmortem examination showed that the prisoner had been killed by injections4 ,the skull was prepared as ordered and delivered to ,dr4 ,hoven40 7,,no-#bfca1 ,pros4 ,ex4 #ebb47 ,hoven also approved the beating of concentration camp inmates4 7,,no-#bcac1 ,pros4 ,ex4 #ebc2 ,,no-#bcab1 ,pros4 ,ex4 #ebd47 ,one of these inmates died4 ,on #bj ,august #aidb1 ,hoven suggested to the camp commander of ,buchenwald that the reporting of deaths of ,russian political prisoners be discontinued in order to save paper4 ,he said-- 8,it is requested that the question should be examined whether it is necessary to issue reports of the death of political ,russians4 ,according to a direction issued last week1 an issue of only one form was required4 ,this may effect a saving of paper1 but as political ,russians are for the greatest number among the dead prisoners at the present time1 more time and paper could be saved if these death reports were dropped4 ,notifications of death could be made as before1 as for the ,russian prisoners of war40 7,,no-#badh1 ,pros4 ,ex4 #egj47 ,the proof has shown that beside the sixty inmates who were admittedly killed by him1 ,hoven participated in the killing of many other inmates of the ,buchenwald concentration camp who suffered from malnutrition and exhaustion4 ,he selected the victims for the transports who were later killed in the ,bernburg ,euthanasia ,station4 ,his defense that all his activities were done only for the benefit of the political inmates in the concentration camp is clearly ridiculous and without foundation4 ,it is interesting to note that ,hoven's defense that he killed for idealistic motives is the same he used in the proceedings against him in #aidd1 only then his alleged idealistic motive was 8to prevent a scandal in the interest of the ,,ss and the ,wehrmacht40 7,,no-#bchj1 ,pros4 ,ex4 #ebg2 see also1 ,,no-#bcff1 ,pros4 ,ex4 #ebf47 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#a 99 99 99 99 99 ,in ,sievers we have an unresisting member of a so-called resistance movement4 ,he asks the ,tribunal to free him from guilt for his bloody crimes on the ground that he was really working as an anti-,nazi resistance agent4 ,nor was he a latecomer to the resistance movement2 according to him1 he has been resisting since #aicc4 ,yet in those #ad years1 yes to this very day1 he has not performed one overt act against the men who ran the system he now professes to have always detested4 ,he joined the ,nazi ,party as early as #aibi and the ,,ss in #aice4 ,he stayed with ,himmler's gang until the last days of the collapse4 ,he came to ,nuernberg in #aidf1 not to give evidence of the horrible crimes of which he had first-hand knowledge1 but to testify in defense of the ,,ss4 ,during his testimony before the ,international ,military ,tribunal1 he consistently denied any knowledge of1 or connection with1 crimes committed by the ,ahnenerbe of the ,,ss4 ,it was left to the cross-examination of ,mr4 ,elwyn ,jones to prove him the murderer and perjurer that he is4 ,nor did he show any signs of resistance in this trial except to the manifold crimes with which he is charged4 ,not one new fact did he reveal to this ,tribunal1 although specifically asked to tell all he knew4 ,if asked today1 he will assure one and all that there is not a guilty man in the dock1 and least of all himself4 ,but1 for purposes of argument1 let us concede the truth of his many lies4 ,it does not harm our case4 ,it is not the law that a resistance worker can commit no crime and1 least of all1 against the people he is supposed to be protecting4 ,it is not the law that an undercover agent1 even an ,,fbi agent1 can join a gang of murderers1 lay the plans with them1 execute the killings1 share the loot1 and go his merry way4 ,many are the policemen who have been convicted for taking part in crimes they were entrusted to prevent4 ,no1 the sad thing is that this collector of living ,jews for transformation into skeletons has only one life with which to pay for his many crimes4 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#b 99 99 99 99 99 ,the ,state ,emergency and ,war ,emergency as ,legal ,excuse ,the evidence proved furthermore that the experiments to test the effectiveness of sulfanilamide were necessary to clarify a question which was not only of decisive importance for the individual soldier and the troops at the front but above and beyond this care for the individual1 it was of vital importance for the fighting power of the army1 and thus for the whole fighting nation4 ,all efforts to clarify this question by studying the effect of casual wounds failed4 ,although drugs of the sulfanilamide series--the number of which amounts to approximately #c1jjj--;had been tested for more than #aj years1 it was impossible to form an even approximately correct idea of the most valuable remedies4 ,it was impossible to clarify this question in peacetime by the observation of many thousands of people with casual wounds and by circularized inquiries4 ,nor could a clear answer be found to this question of vital importance to many hundreds of thousands of soldiers by observation of the wounded in field hospitals during the war4 ,in this argumentation it is impossible and also unnecessary to examine details of the problem of wound infection and its control in modern warfare4 ,i may assume that the importance of this question is known to the ,tribunal and needs no further proof since this question not only played a part in the ,german ,army but was a matter of special research and measures in the armies all over the world4 ,in #aidb the conditions in the ,german ,army and in the ,medical ,services of the ,wehrmacht became intensified only insofar as with the beginning of the campaign against the ,soviet ,union new difficulties presented themselves in this sphere1 too4 ,in the campaigns against ,poland and ,france it had been possible to master the wound infections by the usual surgical means1 but the difficulties in the war against the ,,ussr increased beyond all measures4 ,it is unnecessary to examine the reasons for this more closely here4 ,it is clear that they resulted from the great distances and poor traffic conditions1 but they were also caused by climatic conditions prevailing there4 ,the fighting power of the ,german ,army was so affected by the heavy casualties that it was impossible to allocate a correspondingly large number of experienced surgeons to the main dressing stations in order to control bacterial wound infection with surgical measures4 ,during the presentation of evidence the difficult situation in which the ,german armies found themselves in the winter of #aida-db on the ,moscow front and in the south around ,rostov was repeatedly stressed4 ,here it was demonstrated clearly that the ,german ,wehrmacht1 and with it the ,german people1 were involved in a life and death struggle4 ,the leaders of the ,german ,wehrmacht would have neglected their duty if confronted with these facts1 had they not attempted to solve1 at any price1 the problem as to which chemical preparations were capable of preventing bacterial wound infection and1 above all1 gas gangrene1 and also whether effective means could be found at all4 ,whatever the answer to this question was1 it had to be found as soon as possible in order to avert an imminent danger and to throw light on a question which was important to the individual wounded soldier as well as to the striking power of the whole army4 ,after the failure of all attempts to solve the problem through clinical observation of incidental wounds and other methods1 and1 in view of the particularly difficult situation and especially of the time factor1 there was nothing left but to decide the question through an experiment on human beings4 ,the responsible leaders of the ,german ,wehrmacht did not hesitate to draw the conclusions resulting from this situation1 and the head of the ,german ,reich1 who was at the same time ,commander in ,chief of the ,german ,wehrmacht1 gave orders for a final solution of this problem by way of large scale experimentation4 ,let us examine the legal conclusions to be drawn from this situation as it existed in #aidb for the ,german ,wehrmacht and therefore for the ,german state--in particular regarding the assumption of an existing national emergency4 ,the problem of emergency and the specific case of self-defense has been regulated in almost all criminal codes in a way applicable only to individual cases4 ,the individual is granted impunity under certain conditions when 8acting in an individual emergency arising for himself or others04 ,the administration of justice and legal literature1 however1 recognize that even the commonwealth1 the 8state10 can find itself in an emergency1 and that acts which are meant to and actually do contribute to overcome this emergency may be exempt from punishment4 #a4 ,first of all1 the question has been raised whether the conception of self-defense1 conceived to cover individual cases1 can be extended to include a state self-defense1 meaning a self-defense for the benefit of the state and the commonwealth4 ,the answer to this question was a unanimous affirmative4 #b4 ,the same reasoning1 however1 as applied to self-defense is also applicable to the conception of an emergency1 as embodied1 for example1 in ,section #ed of the ,german ,penal ,code and in almost all modern systems of penal law4 ,these provisions1 too1 were originally conceived to cover individual cases4 ,but1 using them as a starting point1 legal literature and the administration of justice arrive at a recognition in principle of a national emergency with a corresponding effect4 ,with regard to the definition of the concept of an emergency generally given in the penal laws1 the application of these provisions to the state1 while justified in itself1 can only be effected in principle4 ,when the idea of an emergency is applied to the state and when the individual is authorized to commit acts for the purpose of eliminating such a national emergency1 here1 as in the case of the ordinary emergency determined by individual conditions1 the objective values must be estimated4 ,the necessary consequences of conceding such actions on the part of the individual must be that not only is he absolved from guilt1 but moreover his acts are 8justified04 ,in other words1 the so-called national emergency1 even though it is recognized only as an analogous application of the ordinary concept of emergency in criminal law1 is a legal excuse4 ,but what does 8application0 in principle to the cases of national emergency mean8 ,whether a national emergency is 8unprovoked0 or not1 whether1 for example1 the war waged is a 8war of aggression0 can obviously be of no importance in this connection4 ,the existence of the emergency only is decisive4 ,the vital interests of the commonwealth and the state are substituted for the limitation of individual interests4 ,summarizing1 we can define the so-called national emergency as an emergency involving the vital interests of the state and the general public which cannot be eliminated in any other way4 ,as far as such emergency authorizes action1 not only may a legal excuse be assumed but a true ground for justification exists4 ,i shall examine later how far an erroneously assumed national emergency1 a so-called putative emergency1 is possible and is to be considered as a legal excuse4 ,what consequences arise from this legal position in the case of the defendant ,karl ,gebhardt8 #a4 ,as proved by the evidence the general situation in the various theaters of war in the year #aidb was such that it brought about an 8actual01 that is1 an immediately imminent danger to the vital interests of the state as the belligerent power and to the individuals affected by the war4 ,the conditions on the eastern front in the winter of #aida-db as they have been repeatedly described during the submission of evidence created a situation which endangered the existence of the state1 through the danger of wound infection and the threat to the survival of the wounded and the fighting strength of the troops arising therefrom4 ,it must be added that the past ,world ,war was fought not only with man and material but also with propaganda4 ,in this connection ,i refer to the statements of the defendant ,gebhardt in the witness stand as far as they concern information given to him by the ,chief of ,office ,v of the ,reich ,security ,main ,office1 ,,ss ,gruppenfuehrer ,nebe4 ,this information shows that at that particular time the enemy tried to undermine the fighting spirit of the ,german troops with pamphlets describing the organization and material of the ,german ,wehrmacht ,medical ,service as backward1 while on the other hand praising certain remedies of the ,allied ,forces1 for instance penicillin1 as 8secret miracle weapons04 #b4 ,the assumption of a state of national emergency presupposes that the action forming the subject of the indictment was taken in order to remove the danger4 ,by this is meant the objective purpose of the action1 not just the subjective purpose of the individual committing the action4 ,the question1 therefore1 is whether the sulfanilamide experiments were an objectively adequate means of averting the danger4 ,this1 however1 does not mean that the preparations really were an adequate means of expertly combatting the danger4 ,according to the evidence there can be no doubt that these assumptions really did exist4 #c4 ,finally1 there must not be 8any different way0 of eliminating the national emergency4 ,one must not misunderstand this requirement4 ,not every different way1 which could be pursued only by corresponding violations1 excludes an appeal to national emergency4 ,the requirement mentioned does not mean that the way of salvation pursued must necessarily be the only one possible4 ,of course1 if the different possibilities of salvation constitute evils of different degrees1 the lesser one is to be chosen4 ,it must also be assumed that a certain proportion should be kept between the violation and the evil inherent in the danger4 ,in view of the fact1 however1 that in the present case many tens of thousands of wounded persons were in danger of death1 this viewpoint does not present any difficulty here4 ,according to the evidence there can be no doubt that a better way could not have been chosen4 ,on the contrary1 it has been shown that in peacetime as well as in wartime everything was tried without success to clarify the problem of the efficacy of sulfanilamides4 ,and the fact1 too1 that prisoners were chosen as experimental subjects who had been sentenced to death and were destined for execution1 and to whom the prospect of pardon was held out and actually granted cannot be judged in a negative sense4 ,this fact cannot be used as an argument when examining the legal viewpoint1 because participation in these experiments meant the only chance for the prisoners to escape imminent execution4 ,in this connection ,i refer to the explanations ,i have already given in connection with the so-called probable consent4 ,excuse ,in addition to the general national emergency discussed1 the literature of international law recognizes also a special war emergency4 ,according to this1 8in a state of self-defense and emergency1 even such actions are permitted which violate the laws of warfare and therefore international law40 ,but in the sense of international law the 8military necessity of war0 which by itself never justifies the violation of the laws of warfare differs from self-defense and emergency4 ,emergency and necessity of war1 however1 are different concepts4 ,the emergency due to which the self-preservation and the self-development of the threatened nation are at stake justifies1 according to general principles recognized by the national laws of all civilized countries1 the violation of every international standard and thus also of the legal principles of the laws of warfare4 ,when applying the concepts of self-defense and emergency as recognized by criminal and international law1 the illegality of violations committed is excluded if the nation found itself in a situation which could not be relieved by any other means4 ,in this connection the following must be pointed out3 ,i have already explained that the experimental subjects1 on whom the sulfanilamide experiments forming the subject of this case were performed1 came under ,german jurisdiction1 even if one holds the opinion that ,poland's case was not one of genuine 8debellatio0 but only of 8ocupatio bellica04#c ,however1 whatever opinion one might hold with regard to this question1 there can be no doubt that assuming an emergency according to international law1 the performance of the experiments would have been justified even if at the time the experimental subjects had still been citizens of an enemy nation4 ,decisive for the regulation of the conditions of such persons according to international law are the 8,regulations ,respecting the ,laws and ,customs of ,war on ,land0 annexed to the ,hague ,convention1 dated #ah ,october #aijg4 ,according to the above statements1 however1 even a violation of such special conventions1 as contained for instance in the special prohibitions of ,article #bc1 is justified during a genuine war emergency4 ,the fact that the special conditions characterizing a real war emergency are existent invalidates the objection that citizens of another country should not have been used for the experiments4 ,the ,evaluation of ,conflicting ,rights and ,interests as ,legal ,excuse ,according to well-considered opinions1 we must start from the premise that the defendants1 both in principle and in procedure1 are to be tried according to ,german criminal law4 ,they lived under it during the period in question and were subject thereto4 ,for this reason ,i wish to approach one more viewpoint which should be considered independently1 and in addition to the legal excuses already mentioned1 when judging the conduct of the defendants4 ,for many years the legal provisions for emergency cases have proved inadequate4 ,for a long time an endeavor was made to fill the gaps with theoretical explanations of a general nature1 and finally the ,reich ,supreme ,court handed down basic decisions expressly recognizing an 8extra legal emergency04 ,the considerations on which they were based are known as the 8objective principle of the evaluation of conflicting rights and interests40 ,in the legal administration of the ,reich ,supreme ,court and in further discussions this principle1 to be sure1 is combined with subjective considerations of courses of action taken by the perpetrator in the line of duty4 ,therefore it is necessary to discuss both considerations1 that of evaluating conflicting rights and interests and that of compulsion by duty together1 even if we must and shall keep them distinctly separated for the time being4 ,the consideration of an evaluation of conflicting rights and interests as legal excuse is generally formulated as follows3 8,whoever violates or jeopardizes a legally protected right or interest of lesser value in order to save thereby a legally protected right or interest of greater value does not act in violation of the law40 ,the lesser value must yield to the greater one4 ,the act1 when regarded from this point of view1 is justified1 its unlawfulness--and not merely the guilt or the perpetrator--is cancelled out4 ,this so-called principle of evaluating conflicting rights and interests is first of all a formal principle which establishes the precedence of the more valuable right or interest as such4 ,this formal evaluation principle requires on its part a further material evaluation of the rights or interests comparatively considered4 ,this evaluation again requires the adoption of the law and its purport to the general attitude of a civilization and1 finally1 to the conception of law itself4 ,let us examine the conclusions to be drawn from this legal situation in our case3 ,agreement and so-called likely agreement1 just as well as a national emergency and a war emergency1 constitute special legal justifications1 the recognition of which allows us to dispense with a recourse to the general principle of evaluating conflicting rights and interests4 ,the latter retains its subsidiary importance4 ,furthermore1 those two special legal justifications refer in their purport to a fair and equitable way of thinking as well as to the proportional importance of various types of evils2 thus they themselves include the conception of evaluating conflicting rights and values4 ,for this reason1 among others1 the following must be explained in detail at this point3 ,a national emergency and a war emergency were unmistakably in existence in #aidb4 ,every day the lives of thousands of wounded were endangered unless the threatening wound infection could be checked by the application of proper remedies and the elimination of inadequate remedies4 ,the danger was 8actual04 ,immediate help had to be provided4 ,the 8public interest0 demanded the experimental clarification of this question4 ,the evidence has shown that the question could not be clarified by experiments on animals or by the observation of incidental wounds4 ,the last word on this question1 however1 is not said merely by reference to the public interest4 ,opposed to the public interest are the individual interests4 ,the saying 8necessity knows no law0 cannot claim unlimited validity4 ,but just as little can the infringement on individual interests in order to save others be considered as 8contrary to good morals04 ,the evidence has shown that the members of the resistance movement of ,camp ,ravensbrueck who were condemned to death could only escape imminent execution if they submitted to the experiments which form the subject of this indictment4 ,there is no need to examine here and now whether the experimental subjects did give their consent or whether they presumably would have consented1 if1 from their personal point of view and in the full knowledge of the situation1 they could have made a decision within the meaning of an objective judicial opinion based on probability4 ,what really matters is the question of whether after a just and fair evaluation of the interests of the general public and the real interests of the experimental subjects1 the defendant could conclude that1 all circumstances considered1 the execution of the experiments was justifiable4 ,without doubt this question can be answered in the affirmative4 ,quite apart from the interest of the state in the execution of the experiments1 participation in the experiments was in the real and well-considered interest of the experimental subjects themselves1 since this participation offered the only possibility of saving their lives through an act of mercy4 99 99 99 99 99 ,the ,defendant's ,erroneous ,assumption of an ,emergency 7,putative ,emergency7 ,i have already mentioned the circumstances which justify the assumption of a national emergency and a war emergency caused by the special conditions prevailing in #aidb4 ,if these conditions actually prevailed1 the illegality of the act and not only the guilt of the perpetrator would be excluded for reasons previously enumerated4 ,if the defendant had erroneously assumed circumstances which if they really had existed would have justified a national emergency and a war emergency1 then1 according to the general principles already mentioned1 the intent of the defendant and thus his guilt would also be eliminated in this respect4 ,the evidence1 especially the defendant's own statements on the witness stand1 leaves no doubt that1 when the experiments began in #aidb1 he had assumed the existence of such circumstances which were indeed the starting point and motive for ordering and carrying out these experiments4 99 99 99 99 99 ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,sievers#d 99 99 99 99 99 ,may ,i remind you of the exciting part of my case in chief which dealt with ,sievers' participation in the resistance against the ,national ,socialist government and administration4 ,by putting forward his activity in a resistance movement1 the defendant ,sievers does not endeavor to obtain a mitigation of an eventual condemnation4 ,in my opinion1 this activity must under all circumstances result in his acquittal1 even though1 contrary to expectation the ,high ,tribunal should tend towards the opinion that ,sievers had participated in the accused crimes4 ,in the first place it is my intention to discuss a series of legal questions that have at all times been acknowledged in the criminal law of all civilized nations4 ,it is not by any means the task of the ,high ,tribunal to apply any special article of law1 but1 from general legal and legal-philosophical principles1 to lay down a rule finding and creating a new law to meet a new situation4 ,it need hardly be said that first and foremost ,i am supporting my own client4 ,but in your verdict1 you1 your ,honors1 are not judging only this defendant4 ,beyond this particular case your verdict has a far more extensive1 general1 nay1 world-wide importance4 ,for it is the first time that a tribunal of such importance is to decide upon the actions of a member of a resistance movement4 ,consequently1 your judgment is a fundamental one and a signpost for our time for many1 many other defendants and accused men in this connection who have stood before this ,tribunal or will be brought before other courts4 ,your decision for all time extends to cover thousands and thousands of men who1 at some time1 may be put in the position of opposing some criminal system of government by similar means as ,sievers did4 ,on this our globe there are still autocracies and totalitarian dictatorships and it requires only little foresight to realize that other dictatorships may involve other international entanglements and wars of the most horrible nature4 ,furthermore1 in the future1 mankind will again and again be in sore need of courageous men who for the sake of their nation and for the welfare of mankind oppose themselves to such dangerous doings4 ,it is for such champions and for such groups of champions that your verdict will be a criterion and a signpost4 ,you are deciding in advance the future possibilities and the sphere of action of future resistance movements against criminal governments and their chiefs4 ,you are offered the opportunity of checking such movements by your verdict4 ,but you are also able to give them the safety necessary for their dangerous enterprise and the success of their proceedings4 ,how and where would such helpers be found in future if1 apart from the immediate peril1 they have to reckon with the additional danger of being called to account by the very people for whom they risked their lives8 ,and therefore1 your ,honors1 with your verdict in the ,sievers case you take upon you a responsibility before the whole world and for all time to come1 a responsibility as is seldom placed upon a tribunal4 ,but on the other hand you can also say with pride that with this judgment you render an immeasurable service to the world in its struggle for peace and justice4 ,therefore the reasons for your verdict in the ,sievers case are so immensely important1 far more important than the trifling ,sievers case can be in the universal history of all times4 ,i am forced to detail the particulars of these problems4 ,it goes without saying that the member of a resistance movement can only refer to his resistance1 if this resistance is lawful4 ,this will not always be the case2 for1 political crime and similar actions committed for political motives are crimes and will remain such4 ,he who removes a political adversary only to take his position or to open the way for his partisans acts unlawfully and is liable to punishment4 ,the situation1 however1 becomes different if not only a political discussion is interrupted by murder1 but where a tyrant whose government is inscribed with bloody letters in the annals of mankind is at last felled to the ground4 ,in this case the perpetrator is supported by an acknowledged excuse4 ,this excuse is self-defense4 ,according to the ,german ,penal ,code1 ,article #ec1 an action is not punishable if it is committed in self-defense4 ,and self-defense is such defense as is necessary to ward off from oneself or another person an imminent unlawful attack4 ,these principles are1 however1 not only ,german legal stipulations4 ,they are legal values of all nations and all times4 ,to a large extent they tally with human sentiments and are termed 8the great law of defense40 ,they are already found in ,roman law in the formulation 8vim vi expellere repellere licet0--force may be driven out by force--and have been enthusiastically taken over by ,english common law and by ,american law1 as stated by ,wharton1 8,criminal ,law01 paragraph #fac4 ,they authorize every individual to ward off injury from himself or another person with all necessary means at his command4 ,from this point of view too the struggle against a criminal government threatening the peace of the world1 preparing aggressive wars1 ready without any purpose or need to plunge the whole world into immeasurable misery from sheer striving for power1 from presumption and conceit2 struggle and resistance against such a government and such guidance are lawful and permissible1 no matter by what means they may be carried on4 ,since the end of the war even1 the opinion has been maintained more and more that such a struggle is not only lawful and permissible but is even the duty of every individual4 ,is not the collective guilt of the whole ,german nation substantiated by the charge that it witnessed the doings of the ,nazi government without interfering at least with a secretly clenched fist in its pocket8 ,murder and manslaughter1 bodily injury and restriction of liberty inflicted upon the potentates and responsible men of such a system are acts of self-defense for the benefit of peace and mankind4 ,they are lawful and exempt from punishment2 they are a duty if there is no help possible in any other way4 ,from times immemorial this question concerning the lawfulness and duty of committing political murder has engaged not only lawyers but also a large number of poets and philosophers4 ,friedrich von ,schiller justified the murder committed on ,gessler as the last desperate attempt to escape slavery4 ,thus the juridical vindication of murdering a criminal tyrant is paralleled by its high moral estimation4 ,but it may happen that not only the real assailants come to grief4 ,he who has to ward off an attack may be forced to implicate a third person hitherto not involved4 ,this case too is provided for in the ,german ,penal ,code and is termed 8necessity04 ,the regulation of ,article #ed runs as follows3 8,no punishable act has been committed when the act--self-defense apart--was committed in an emergency1 which could be met in no other way1 to escape a present danger to the life or body of the perpetrator or a relative of his40 ,the legal codes of all nations and all ages have been compelled to face the problem of the conflict between two legal values which can only be solved by hurting or even annihilating one of the two4 ,justice cannot insist with utter consistency upon the individual respecting foreign rights and sacrificing his own at all costs and under any circumstances4 ,a ,frenchman says to this question3 8,cette thorie est admirable pour des saints et pour des hros1 mais elle n'est point faite pour la vulgaire humanit0--8,this theory is admirable for saints and heroes1 but it is not for common humanity0--,pradier--,fodr1 vol4 ,i1 page #cfg1 ,trait du droit international public europen et amricain4 8,quod non est licitum in lege1 necessitas facit licitum0--8,what is not permitted by law1 necessity makes permissible0--says the ,roman law1 and the ,french lawyer ,rossi says3 8,l'acte ne peut tre excusable lorsque l'agent cde l'instinct de sa propre conservation1 lorsqu'il se trouve en prsence d'un peril imminent1 lorsqu'il s'agit de la vie40--8,the act can be excused only when the perpetrator yields to the instinct of self-preservation1 when he finds himself faced with imminent danger1 when life itself is at stake40--,an old ,german legal proverb runs3 8,necessity knows no law40 ,last but not least1 ,american law deals with this problem under the name 8necessity0 7,wharton1 8,criminal ,law10 par4 #fdb71 a literal translation of the ,german expression 8,not04 ,so by virtue of necessity a shipwrecked sailor may push his fellow-sufferer from the board which is too small to save both of them4 ,if applied to resistance movements against criminal governments1 these principles mean that third persons hitherto unconcerned may also be involved1 if there is no other alternative1 if 8,not01 8necessitas01 8necessity0 requires it peremptorily and unavoidably4 ,you1 your ,honors1 are called upon to bring the principles of 8self-defense0 and of 8necessity01 8this great law of defense0 to their common denominator1 to apply them to the ,sievers case and thus insert them into the unwritten rules of the international relations of public and political law4 ,the ,anglo-,saxon legal way of thinking and the principles of natural law will give you valuable support in forming the verdict4 ,now ,i can turn to the specific case of ,sievers4 ,in order to judge his actions the following questions are of a decisive importance3 ,was there a ,german resistance movement at all8 ,did the ,hielscher group belong to this resistance movement8 ,was this group to be taken seriously and what were its aims8 ,was ,sievers a member of this group and what were his tasks8 ,what was his attitude in performing these tasks8 ,were there also other possibilities for him8 ,it has frequently been maintained that there was no ,german resistance movement4 ,but the ,german resistance existed4 ,i must1 however1 confess that the question 8,where was this resistance80 readily suggests itself to such people as are not acquainted with the internal conditions of ,germany1 above all during the war4 ,i must also grant the fact that scarcely more than ,stauffenberg's plot with its staggering consequences came before the public4 ,he who puts such a question completely misjudges the conditions under which the whole resistance movement had to work against the ,nazi ,government4 ,he forgets that up to the fatal date of #bj ,july #aidd1 he had also no idea of the group round ,stauffenberg4 ,i am therefore all the more forced to give a concise exposition of the situation which in the ,third ,reich everybody opposing the ,nazi ,government had to face4 ,from the very beginning it was the aim of the authoritarian government to get hold of every ,german man1 every ,german woman1 all children1 and old men in order to bring them up in the spirit of the new method of government4 ,the totalitarian striving for power did not stop short at personal freedom4 ,it removed professional and economic organizations1 cultural and social institutions1 some of which were reestablished in another form1 subject to the control of the ,nazi ,government4 ,it was against this state of things that the struggle set in from the very beginning4 ,nothing would be more wrong than to believe that this struggle could be waged in the open street with large quantities of propaganda material1 display of physical force1 with fire arms1 bombs1 war1 and rumors of war4 ,even in the trade unions1 the most consistent and resolute adversaries of the new government in #aicc1 such a method was not possible4 ,this government kept a tight rein over the whole public apparatus controlling in an increasing degree the private spheres through the organizations of the ,,sd1 ,gestapo1 etc4 ,the ambiguous stipulations of the law against malicious acts or insults to the state and party 7,heimtueckegesetz7 made possible the imprisonment of people even for accidental deprecatory remarks4 ,political discrimination and the constant danger of being sent to a concentration camp were the effects of many innocent remarks4 ,no newspaper could have been found to agitate against the oppressors4 ,but if handbills were secretly distributed the contents of which defamed the ,nazi government1 the whole apparatus of the police1 ,gestapo1 ,,sd1 etc41 was set in motion4 ,the possession of weapons was considered circumstantial evidence of treasonable enterprises and meant capital punishment for the imprudent4 ,it must be added that there was a widely extended spy system sticking to everybody's heels4 ,one had even to guard oneself against one's nearest relations and children4 ,these few words concerning the internal situation of ,germany were necessary as an answer to the absurd question put in ,stockholm to the witness ,hielscher3 8,why did you not speak in the open market place publicly80 7,tr4 p4 #eice47 ,the most obvious kind of opposition was offered by the two great ,christian churches4 ,how much and how often were the antichrist and his false prophets not preached against1 how many clergymen of all confessions were sent to prisons1 penitentiaries1 concentration camps1 nay1 to death8 ,it is true1 the churches could venture forth more openly than other people4 ,for they did not intend to participate in a forcible removal of the system1 in the killing of its leaders and representatives1 in the fight with arms4 ,but the nonecclesiastical resistance groups had realized that the ,nazi dictatorship could not be overthrown without violence2 they were not subject to the political-philosophical impediments and restrictions of the churches1 they could not throw off the mask until the day of action had dawned4 ,up to that time they were condemned to be silent1 they had to camouflage1 acting on the old principle of all conspirators3 8,never speak of your aim1 but always think of it60 ,if they had forgotten this principle1 sooner or later unquestioningly they would have been betrayed by a spy and liquidated by the ,gestapo4 ,they would never have got as far as action4 ,did not the group round ,stauffenberg act in this way too8 ,who knew of its existence before the bomb burst in ,hitler's headquarters on #bj ,july #aidd8 ,the same was the case with all the other resistance groups which unfortunately no longer had the possibility of acting and some of which were traced and secretly killed in spite of this4 ,the fact that all of them existed is proved1 however1 by the small number of publications3 the pamphlets of ,emil ,henk1 of ,franklin ,l4 ,ford and other authors1 and ,neuhaeusler's book1 8,cross and ,swastika04 ,but downright classical witnesses are the numerous bloody victims whom the ,people's ,court of ,justice ,volksgerichtshof and the ,gestapo had sent to the concentration camps and to death4 ,one of these groups was the group around ,hielscher1 a member of which was the defendant ,sievers4 ,there was a ,hielscher group1 it existed1 it acted4 ,hielscher himself is an unimpeachable witness of this4 ,in connection with #bj ,july #aidd1 he was imprisoned for three months and was to be hanged4 ,hielscher's illegal activity is sworn to by many other no less trustworthy witnesses4 ,as the first of them ,i mention the political emigrant ,dr4 ,borkenau1 who had been working against ,national ,socialism at least since #aibh4 ,he had known ,hielscher since #aibh4 ,he speaks of his hostility to ,national ,socialism1 of a 8sharp attitude04 ,at that time he frequently negotiated and conspired with ,hielscher1 who set forth the methods of his fight4 ,during his emigration1 ,dr4 ,borkenau watched ,hielscher's activity from abroad and again and again he heard3 8,hielscher keeps on fighting04 ,if we are told so by an emigrant1 we may well believe it4 ,another witness who never lost connection with ,hielscher was ,dr4 ,topf1 who himself was an active member of the resistance movement4 ,he too described ,hielscher as a violent antagonist of ,national ,socialism1 working and struggling unswervingly4 ,i refer to the many affidavits which ,i presented in this connection4 ,it does not speak against ,hielscher's oppositional activity that he did not stand out more in public4 ,for him too1 camouflaging up to the moment of decision was an imperative requirement1 and ,dr4 ,borkenau calls it a downright masterpiece that he so eminently succeeded in doing so4 ,sievers was a member of the ,hielscher group ,there cannot be the least doubt of this fact4 ,apart from all the testimony1 the whole personality of my client excluded any ,nazi attitude4 ,his nature and his development necessarily made him a decisive adversary of ,hitler's system of oppression1 terror1 and murder4 ,both his origin and the interests of his youth brought him into contact with people who kept aloof as much as possible from the ,nazi way of thinking4 ,he was the son of a director of ecclesiastical music2 he pursued historical and religious studies4 ,his nature led him to the ,boy ,scouts1 in short to such interests as ,national ,socialism calumniated with all its powers of ridicule and combated violently with stubborn dislike4 ,all those persons who either testified or in affidavits gave evidence about his character describe him as follows3 an upright man with lofty ideals of deeply rooted humanity and a strong sense of law and justice4 ,if you combine this picture of ,sievers painted by notorious anti-,fascists with all the authenticated aid that ,sievers bestowed on victims of ,nazism1 it is only a small step to the conviction that ,sievers was also a member of a resistance movement4 ,perhaps the prosecution may say3 8,i do not believe all these stories1 for both ,hielscher and ,sievers did not achieve anything40 ,that would wrong ,sievers to a high degree1 your ,honors6 ,other resistance groups too had the misfortune that they had not more opportunity to act4 ,the witness ,hielscher exposed very clearly the reasons why a standstill was inevitable after the failure of the plot on #bj ,july #aidd4 ,as ,hielscher and his associates could no longer depend upon the army1 they were compelled to start again from the very beginning4 ,what were the intentions and the mission of the defendant ,sievers within the ,hielscher group8 ,hielscher himself answers that4 ,sievers' tasks were of two kinds3 7#a7 ,gathering news from the immediate proximity of ,himmler as basis for the disposal of the resistance forces with regard to place1 time1 and kind of action4 7#b7 ,sievers was not only a spy and a scout2 at the moment of action he was destined and ready to do away with ,himmler4 ,these two tasks require a double legal examination3 ,were they in themselves permissible1 lawful1 or even a duty8 ,the answer to this question is to be found in the principles which ,i evolved in the idea of self-defense in the sphere of political struggle4 ,what measures was he allowed to take8 ,to what extent could he venture to advance into the domain of criminality8 ,to what extent could he involve uninitiated third persons in his plans1 even actual victims of ,nazism8 ,the rules of 8necessity0 lead the way for judging and solving this problem4 ,in taking up the first question ,i can be relatively brief4 ,after all we know today1 it is an irrefutable fact that ,hitler and his accomplices terrorized the ,german ,nation and the whole world in a criminal way and with criminal means1 that from the beginning they were an immediate peril to peace and all civilization and that finally the worst apprehensions turned to ghastly reality4 ,therefore the first prerequisite for the defense of 8necessity0 is beyond all doubt a present illegal attack on the highest goods of mankind4 ,to put it in the words of the ,german ,penal ,code that was the 8necessity0 78not07 which was to be warded off4 ,but we also know that this defense was not to be accomplished with the normal means of a democratic parliamentary system4 ,i described the truly diabolical organization by which it had been rendered impossible to make use of these means4 ,thence follows that the removal of ,hitler and his accomplices was the only possible expedient to break and smash this system4 ,less hard and violent means were not available4 ,as a matter of course it follows that ,hielscher's plan to do away with ,himmler had become legal and compulsory for those in the position to execute it4 ,after the evidence of ,hielscher and other trustworthy witnesses1 it cannot be denied that ,sievers had been charged with this task4 ,if it was justified to do away with ,himmler1 the accompanying and preparing scouting-activity was justified too4 ,before answering the question to what extent ,sievers could involve third persons1 ,i have to sketch in a few lines the tactics of ,hielscher and the position of ,sievers4 ,it was not in vain that ,hielscher himself gave full particulars on this question4 ,we also heard other witnesses1 ,dr4 ,borkenau1 ,dr4 ,topf4 ,sievers clearly outlined his tasks4 ,all this evidence is in such unanimous agreement that no doubt of its truth could arise4 ,hielscher was one of the first and few people who realized that the way to take measures against the system could be only from within the ranks of the party itself4 ,he had gained the firm conviction that a prospect of success could be seen only by doing away with the heads of the ,nazi ,government and assuming the government from the top and that nothing1 nothing at all1 was to be anticipated from a revolution of the people from below4 ,a revolution of such a kind would have been of no avail1 as it would very quickly have been stifled in torrents of blood4 ,the knowledge of these facts required four groups of measures to be taken1 the particulars of which ,hielscher detailed on #ae ,april3 ,preparation of the undertaking by a well-camouflaged organization of trusted men and spies within the ranks of the ,,nsdap1 i4e41 the ,trojan ,horse policy4 ,placing suitable courageous men in positions as near as possible to leading personages of ,nazism1 the most dangerous of whom was ,himmler4 ,doing away with ,himmler and other leaders of the ,nazi ,government upon a given cue4 ,taking over the government by an organization prepared in advance4 ,in spite of all liberty of action granted to the 8activists0 of his group1 ,hielscher had realized that success could only be expected if everybody1 in strict discipline1 obeyed his orders only4 ,this was the only way for him to hold the reins and to give the cue at the right moment4 ,here ,i must emphasize that within the scope of this indispensable discipline1 ,sievers in all details acted in complete unison with ,hielscher1 that in all important moments he described the real state of affairs and asked for his instructions4 ,in this way ,hielscher obtained ample information of everything enacted around ,sievers and of what ,sievers did himself4 ,sievers was nothing but the tool in the hands of the leader of the movement4 ,therefore1 your ,honors1 your verdict affects ,sievers' commissioner1 ,hielscher1 in just the same way as ,sievers himself4 ,hielscher is condemned together with ,sievers1 as he is acquitted with ,sievers4 ,with the same courage of responsibility with which he placed ,sievers and other accomplices in most dangerous positions1 ,hielscher could declare at the end of his evidence that he not only took but also claimed the whole responsibility for all the deeds with which his follower ,sievers would be charged as a result in this trial4 ,hielscher sketches the task of ,sievers as follows3 ,in the belly of the ,trojan horse1 i4e41 under the color of eager and enthusiastic cooperation his duty would be 7a7 to scout and to spy1 7b7 profiting by his influence1 to place other persons in similar positions for the same purposes1 or in places where they would be given the possibility of working undisturbed1 7c7 to back endangered members of the resistance movement and if possible to rescue them1 and finally 7d7 to do away with ,himmler at the moment of action4 ,this last item was the essential point of the task of my client4 ,all the other tasks were inferior to this aim and assignment1 they only served to prepare and support it4 ,it is from this point of view that his whole conduct must be understood and all his acts judged4 ,what did ,sievers achieve in the sphere of this task8 ,i cannot reiterate all the details that ,i set forth in the first part of my plea4 ,i came to the conclusion that ,sievers did not make himself guilty of complicity or assistance in the facts charged in the indictment4 ,if1 however1 you suppose with the prosecution that ,sievers is to be found guilty of some of the counts of the indictment1 it is my task to justify this conduct before the forum of a concept of justice transcending codified law1 and to expound it to the ,tribunal4 ,how did it come about that in #aidb ,sievers remained in his position when the ,ahnenerbe came into contact with medical experiments which possibly might assume a criminal character8 ,we must not forget that ,sievers was assigned the removal of ,himmler and that in the ,hielscher group he was the only person who could have been entrusted with such a task4 ,properly speaking1 in ,hielscher's group he had the key position2 the success or failure of the whole enterprise depended on him alone4 ,for ,himmler was the most dangerous personality in the ,nazi system1 because in his quality of ,chief of the ,police and ,commander of the ,reserve ,army all the internal political armed forces were concentrated in his hand4 ,consequently he had the power of nipping in the bud every rebellion4 ,himmler was able to rule without ,hitler1 whereas ,hitler could not rule without ,himmler4 ,the latter was to be done away with first4 ,should ,himmler be overlooked or should he somehow succeed in escaping1 the whole enterprise would be endangered4 ,himmler's importance is therefore the measure of the importance of ,sievers1 who had to be ready for the decisive blow in ,himmler's immediate proximity4 ,to ask if this post could be abandoned is to answer it in the negative4 ,as ,sievers was fully conscious of the importance of such a decision1 he became involved in the greatest internal conflict of his life4 ,of two evils1 the worse had to be avoided and the smaller to be endured1 or both of them to be shunned4 ,to do the latter would certainly have been the most convenient solution4 ,that ,sievers got into this conflict amply demonstrates his consciousness of responsibility1 his love of justice and humanity4 ,as to the struggle with his soul1 he certainly did not succeed in getting the better of himself4 ,too many questions depended on his decision1 not only for himself but above all for the resistance movement as a whole4 ,we must try to look into the soul of a man1 who1 on the one hand1 was exposed to the pressure of an enormous aversion to the approaching threatening events and1 on the other hand1 knew only too well that in his position he could no longer fulfill his task if he obeyed his personal impulses4 ,perhaps it would have been possible for ,sievers to leave his office without creating a great sensation and without considerable disadvantage for himself4 ,could he not have retired to cooperate in some innocuous scientific research8 ,but in doing so ,sievers would have been a runaway1 a deserter4 ,in his agony of soul1 ,sievers applied to ,hielscher who after mature consideration and deliberation came to the decision3 ,sievers will stay6 ,for the post in ,himmler's proximity could not be renounced4 ,if ,sievers abandoned it1 ,hielscher would be under the necessity of entrusting him with another position near ,himmler or of replacing him by another member of the movement with the same task4 ,was this possible8 ,would he1 remaining near ,himmler1 have not time and again come into the same dilemma8 ,was it possible to wait and see8 ,could it be expected that another man would be more successful8 ,would not ,sievers1 in spite of all circumspection1 have raised suspicion in substantiating his withdrawal8 ,for to do so openly and with protest would have been downright madness4 ,imagine only the danger he would have conjured up for himself and his associates6 ,what could his withdrawal have availed8 ,one more question3 if ,sievers' withdrawal could have prevented the human experiments at all1 that would have been only a partial success4 ,for as to the aim in its totality1 the removal of ,himmler and the ,nazi ,government1 nothing would have been gained but a further delay of the decision or the impossibility of achieving it because of the loss of the key position4 ,as still more victims of the ,nazi ,government would have been the result1 a partial success had to be sacrificed in favor of the great aim4 ,if you try to answer these questions there cannot be the least doubt that the decision ,hielscher arrived at was the only possibility4 ,that brings me to the last1 to the most important point of my defense1 to the question3 8,how was ,sievers to act in his position80 ,without any doubt1 he was compelled to make certain concessions4 ,he was forced to camouflage1 i4e41 to accommodate himself outwardly to his surroundings which he was going to spy on and to remove4 ,every spy has to camouflage and ,i do not betray a secret in mentioning that in wartime many a man donned the uniform of the enemy4 ,it is generally known that in #aidb the ,french ,general ,giraud performed his escape from ,german captivity in the uniform of a ,german general4 ,when ,sievers was a member of the party from #aibi to #aica1 when later on he joined the ,,nsdap and the ,,ss again1 when he filled higher positions in these organizations1 when he held the position of ,reich ,manager of the ,ahnenerbe and suffered himself to be promoted to a higher rank in the ,,ss1 without any doubt at all that was part of the camouflage measures which ,hielscher1 ,dr4 ,borkenau1 ,dr4 ,topf1 and other witnesses call the indispensable prerequisite1 the compulsory mask for the tasks of the defendant ,sievers4 ,nobody will pretend that these camouflages which were to render possible a legally approved1 nay1 desirable aim1 are in themselves punishable and illegal4 ,sievers' outward membership in the ,,ss is therefore excused by its camouflage purpose4 ,and it is equally unobjectionable that occasionally he played the part of a good ,nazi4 ,the duty of doing so had expressly been urged upon him by ,hielscher4 ,the career of the organizer or an active member of a ,german underground movement would have found a sudden end if he had not behaved like a ,nazi4 ,all the more seriously must ,i turn to the question of ,sievers' consent to and further participation in the human experiments and the establishment of the collection of skeletons1 in which third persons suffered bodily injury4 ,here the question is raised where are the bounds of necessity if it involves actions which in themselves are punishable facts4 ,the answer to this question is the essential point of the ,sievers case4 ,the legal orders of the world set up the principle3 8,the legal values damaged by the action committed under necessity1 must not be of a disproportionally greater value than the protected and rescued legal value40 ,that is the principle of proportion concerning which ,wharton 8,criminal ,law01 paragraph #fdb1 says1 8,sacrifice of another's life1 excusable when necessary to save one's own40 ,what were the competing legal values in the ,sievers case8 ,on the one hand1 there was the civilization of the world1 the peace of the earth1 humanity1 the lives and existence of millions of men threatened and hurt by ,hitler's criminal government4 ,such actions are called crimes against peace and humanity by the new international law which threatens them with the severest punishments4 ,the ,allied ,nations considered these legal values worthy of their soldiers enthusiastically going to war and death for them4 ,on the other hand1 you will find the lives of individuals1 their bodily safety1 the respect and esteem of their personality1 their liberty and the free expression of their will1 certainly legal values of no less high value4 ,there may have been hundreds of victims4 ,but it was a meager number in comparison with the multitudes that ,hitler1 ,himmler1 and their accomplices had already murdered and continued murdering4 ,my question runs3 ,which of the two contending legal values is more valuable from the point of view of proportion8 ,i am far from excusing the ghastly crimes that happened in the concentration camps or even minimizing them1 but with all my abhorrence for them ,i cannot help answering3 ,the protection of civilization and humanity deserves preference over the life and health of individuals1 deplorable as the inevitable sacrifices may be4 ,so finally it was necessary1 absolutely requisite1 to put up with the violation of the less valuable legal values and to rescue the more precious1 the whole4 ,sievers' remaining at his post in the ,ahnenerbe was absolutely necessary for the removal of ,himmler4 ,of course it would not be difficult to state post festum that ,sievers could have acted differently1 that he ought not have advanced thus far4 ,but up to now nobody has been able to tell us how he should have acted4 ,even the public prosecutor did not try to make a concrete proposal4 99 99 99 99 99 ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,hoven#e 99 99 99 99 99 ,in two further parts of my closing brief ,i dealt with the killings which ,dr4 ,hoven either undertook himself or which were undertaken with his knowledge4 ,in part 7b7 of the closing brief1 ,i stated that these killings had no connection with the euthanasia plan4 ,i further stated that it can be considered proved that ,dr4 ,hoven killed only two prisoners himself1 and that about #ej or #fj prisoners were killed by order of those responsible for the ,german and foreign political prisoners with the knowledge of ,dr4 ,hoven4 ,i have set forth a legal evaluation of these killings in a further paragraph under 7e7 of the closing brief4 ,the legal arguments as set forth in the closing brief are taken from the work of the well-known ,american criminologist ,wharton1 ,criminal ,law4 ,the first part of this argument contains1 under 7e71 the literal quotations from this book4 ,according to common law1 the killing of a man can be either murder1 manslaughter1 excusable homicide1 or justifiable homicide4 ,excusable homicide and justifiable homicide are not punishable4 ,the present ,american law does not differentiate between justifiable homicide and excusable homicide4 ,i refer to my closing brief1 particularly to the statements of ,wharton in his book ,criminal ,law1 #abth edition1 volume ,i1 #aicb1 pages #hbf to #hgi4 ,according to ,wharton1 excuse and justification for a homicide are either repulsion of felonious assault1 or prevention of felony4 ,the right of self-defense1 i4e41 repulsion of felonious assault1 is restricted to a narrowly defined number of persons4 ,on the other hand1 everybody is entitled to prevent a crime4 ,i refer to the details contained in my legal arguments of my closing brief4 ,killing a man to prevent a felonious crime requires the following conditions which are set forth in my closing brief3 7#a7 ,the perpetrator must have the bona fide belief that the commission of a felonious crime is immediately impending4 ,it is not a condition that such a crime would actually have been committed4 ,the bona fide belief of the accused is quite sufficient4 ,in this connection ,i refer to the legal arguments of the closing brief4 7#b7 ,this belief of the accused must not be negligently adopted4 7#c7 ,there must not be any other possibility of preventing a crime than the killing of a person4 ,in other words--the killing must be the only means available to prevent the crime4 ,the prosecution's assertion in its final plea1 8,one must not kill five to save five hundred01 therefore1 cannot be considered generally valid either from the point of view of ,german or ,american law4 ,on the basis of the statements of the prosecution1 ,i have not been able to see clearly whether that sentence had reference only to the justification of experiments on human beings or else to the killings which were carried out by ,dr4 ,hoven or with his knowledge4 ,the justification of the killings is materially distinguished from that of the experiments4 ,those spies1 stool-pigeons1 and traitors1 for whose killing ,dr4 ,hoven accepted responsibility when in the witness stand1 had planned to commit serious crimes against their fellow prisoners4 ,therefore1 if the three prerequisites which ,i mentioned are given1 we are concerned with cases of justifiable or excusable homicide4 ,in my closing brief1 ,i elaborately explained that these conditions existed in the case of all the killings for which ,dr4 ,hoven accepted the responsibility4 ,the defendant ,dr4 ,hoven had the conviction and good faith that the spies and traitors1 who were killed by him or with his knowledge1 were about to commit serious crimes1 resulting in the death of numerous inmates of the ,buchenwald concentration camp4 ,during his examination on the witness stand1 ,dr4 ,hoven gave a thorough description of this4 ,the decision on these killings was not reached by ,dr4 ,hoven alone4 ,dr4 ,hoven had no cause for that4 ,it was not his life that was endangered by those spies or traitors4 ,it was1 on the contrary1 the committee of political ,german and foreign prisoners1 many of whom are today holding high office in their countries4 ,those persons guaranteed to ,dr4 ,hoven that only such individuals would be killed who already had been active and would continue to be active as spies and as traitors4 ,these statements by ,dr4 ,hoven were expressly confirmed by a number of witnesses who were heard on this subject4 ,these observations may be found in the affidavits ,i submitted4 ,above all it has been proven that only such people of whom ,dr4 ,hoven held that conviction were done away with4 ,dr4 ,hoven testified to that effect and it has been reaffirmed by the witnesses ,dorn1 ,dr4 ,kogon1 ,seegers1 and ,hummel4 ,in his interrogation of #bc ,october #aidf1 ,dr4 ,hoven stated expressly that he killed or knew only of the killings of such persons of whom he was certain that their deaths were necessary to save the lives of a multitude of political prisoners from the various countries4 ,at that early date he expressly emphasized that he refused to carry out any of the killing orders of the ,camp ,commander ,koch2 the prisoners who were covered by these orders were put into the hospital or hidden in some other way by ,dr4 ,hoven4 ,dr4 ,hoven had not negligently adopted the conviction that their killing was essential for the salvation of huge numbers of prisoners4 ,this is proved first of all by the testimony of the witness ,dorn1 who gave many details as to the means and methods employed by ,dr4 ,hoven and the illegal camp administration in becoming convinced of the necessity for the killings4 ,dr4 ,hoven supplemented those statements4 ,furthermore1 they were corroborated by the testimony of the witnesses ,hummell1 ,dr4 ,kogon1 ,seegers1 ,philipp ,dirk1 ,baron von ,pallandt1 and van ,eerde through their affidavits4 ,actually1 the prevention of the planned crimes1 i4e41 the mass murder of a multitude of ,german and foreign political prisoners1 could be accomplished only through the killing of the spies and traitors4 ,there was no other means4 ,what should ,dr4 ,hoven have done to prevent the crimes planned by the spies and traitors8 ,those spies collaborated with the ,,ss camp commanders to carry out ,himmler's program to destroy the political prisoners4 ,to whom should ,dr4 ,hoven have turned8 ,perhaps to the ,,ss camp commanders who worked with the spies and traitors8 ,or perhaps to the ,gestapo or to the police who worked under ,himmler's orders8 ,there was no other way but the one which ,dr4 ,hoven chose in order to prevent crimes4 ,i showed that with details in my closing brief4 ,there ,i assembled the testimony of the witnesses for the prosecution and defense who were heard on this point4 ,here1 ,i merely wish to stress the following statements by witnesses3 ,in this courtroom1 ,dr4 ,kogon1 a convinced ,christian and a deeply religious man1 said3 8,there was really no other possibility for the men of the illegal camp administration4 ,i1 as a convinced ,christian1 do not deny those men the right to have killed people in an emergency who in collaboration with the ,,ss endangered the lives of individuals or of many40 ,the witness ,pieck stated3 8,it may be that the liquidation of many political prisoners and of ,,ss spies employed in the camp may make ,dr4 ,hoven a murderer in the eyes of many2 yet1 for me and others who understood the real situation he was a soldier fighting on our side and risking a great deal40 ,pieck expressed the same opinion also in a letter to the ,dutch ,ministry of ,justice1 a letter that was co-signed by the ,city ,council of ,amsterdam and ,mr4 ,droering1 head of a department of the ,state ,institute for ,war ,documentation in ,the ,hague4 ,pieck is one of the few who is best equipped to answer these questions1 for he belonged to the committee of ,german and foreign political prisoners which formed itself at ,buchenwald4 ,father ,katjetan1 presently ,supreme ,abbot of one of the largest religious orders in ,czechoslovakia1 a former prisoner of the concentration camp ,buchenwald1 declared1 in the presence of witness ,dr4 ,horn1 that those killings were an inevitable necessity for the preservation of the inmates who had been abandoned by justice in the camp4 ,even the prosecution witness ,roemhild had to admit on the stand that it would have been impossible to save #bj1jjj prisoners if those spies or traitors whom ,dr4 ,hoven killed or of whose killing he knew had remained alive4 ,let me ask in this connection3 ,what would have happened if a man of ,kushnir ,kushnarev's caliber had not been killed1 and if the murder of the ,russian prisoners of war in the ,buchenwald camp had been continued8 ,would ,dr4 ,hoven not stand before this ,tribunal even then8 ,then1 would not the same charge be made against ,dr4 ,hoven as the one levelled against the ,japanese ,governor of the ,philippines who was tried before an ,american ,military ,court for not having prevented atrocities and abuses8 99 99 99 99 99 d4 ,evidence ,testimony ,page ,extract from the testimony of defendant ,karl ,brandt #bi ,extracts from the testimony of defense witness ,dr4 ,friedrich #cj ,hielscher ,extract from the testimony of prosecution expert witness ,dr4 #db ,andrew ,c4 ,ivy ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,karl ,,brandt#f ,,examination 99 99 99 99 99 ,,judge ,,sebring3 ,witness1 this question of the necessity for an experiment1 is it your view that it is for the state to determine the extreme necessity for such an experiment and that thereafter those who serve the state are to be bound by that procedure8 ,i think you can answer that 8yes0 or 8no04 ,,defendant ,,karl ,,brandt3 ,this trial shows that it will be the task of the state under all circumstances basically to clarify this question for the future4 ,q4 ,witness1 as ,i understood your statements a moment ago1 they were that the physician1 having once become the soldier1 thereafter must subordinate such medical-ethical views as he may have when they are in conflict with a military order from higher authority1 is that true8 ,a4 ,i didn't want to express it in that form4 ,i did not mean to say that the physician1 the moment he becomes a medical officer1 should change his basic attitude as a physician4 ,such an order can in the very same way be addressed to a physician who is not a soldier4 ,i was referring to the entire situation as it prevailed with us in ,germany during the time of an authoritarian leadership4 ,this authoritarian leadership interfered with the personality and the personal feelings of the human being4 ,the moment an individuality is absorbed into the concept of a collective body1 every demand which is put to that individuality has to be absorbed into the concept of a collective system4 ,therefore1 the demands of society are placed above every individual human being as an entity1 and this entity1 the human being1 is completely used in the interests of that society4 ,the difficult thing1 and something which is hard to understand basically1 is that during our entire period1 and ,dr4 ,leibbrandt referred to that1 everything was done in the interests of humanity so that the individual person had no meaning whatsoever1 and the farther the war progressed1 the stronger did this principal thought appear4 ,this was designated in the end as 8total war10 and in accordance with that1 the leaders of the state gave orders quite generally and demanded that orders be carried out4 ,it was very tragic for a number of persons1 not only within the framework of these experiments1 but also in other situations that they had to work under such orders4 ,without considering the entire situation as it prevailed in ,germany1 one cannot understand the question of these particular experiments at all4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defense ,,witness ,,dr4 ,,friedrich ,,hielscher#g ,,direct ,,examination ,,dr4 ,,weisgerber3 ,witness1 your name is ,friedrich ,hielscher8 ,,witness ,,hielscher3 ,friedrich ,hielscher4 ,q4 ,you were born on #ca ,may #aijb in ,plauen1 and you are now living in ,marburg1 that is right8 ,a4 ,yes4 ,q4 ,what is your profession8 ,a4 ,i am a scholar4 ,q4 ,and since when have you taken an active part in politics8 ,a4 ,since #aibg4 ,q4 ,did you belong to a definite political ideology8 ,a4 ,no4 ,i had a group of students to whom ,i expounded my historical and philosophical theories and ideas4 ,q4 ,how did it happen that you became an opponent of the ,,nsdap so early8 ,a4 ,from the information available to me ,i knew the personal inferiority of the ,national ,socialist leaders4 ,i could observe that they were constantly lying and that what they really wanted was undesirable4 ,q4 ,did you believe1 as early as #aibh1 that the ,,nsdap would come to power8 ,a4 ,no1 not in #aibh4 ,in #aicj1 after the first election battle at which the ,party was victorious1 ,i considered it possible4 ,in #aica ,i considered it probable4 ,in #aicb ,i felt that it was certain4 ,q4 ,did you join any definite political party with the intention of combating the ,,nsdap8 ,a4 ,no4 ,i considered it impossible for any of the #cc ,german parties1 with their bureaucratic methods1 to be able to prevent a fascist dictatorship1 or if it had come into existence1 to overthrow it4 ,q4 ,what methods did you think were the right ones8 ,a4 ,the fascist dictatorship is a mass machine in a technical age4 ,therefore it seemed to us to be out of the question1 when confronting such a mass body1 to act openly4 ,it seemed impossible to carry out propaganda publicly4 ,we were convinced that the only thing possible was to form very small cadres which would not be recognizable to an outsider and which at the proper time could be employed for a coup d'etat4 ,q4 ,then that was more or less the method of the ,trojan ,horse8 ,a4 ,yes4 ,q4 ,were you1 in your ideas and in your efforts to combat this movement alone or did you have associates8 ,a4 ,first1 a selected group of my students were willing to collaborate in this illegal work2 second1 ,i knew quite a number of personages of various political backgrounds with whom ,i agreed that this regime would not last4 ,q4 ,that was before #aicc8 ,a4 ,that was around #aicc--aicb-cc4 ,q4 ,now came the #cjth of ,january #aicc1 the so-called seizure of power1 and now your real work began4 ,how and when did you apply your method of the ,trojan ,horse8 ,a4 ,this group of my students1 who were willing to collaborate1 ,i made into an illegal organization1 with dues1 secrecy1 and other necessary conditions1 and ,i appointed people who were willing and suitable to get into important ,party positions4 ,q4 ,when and how did you meet the defendant ,wolfram ,sievers8 ,a4 ,as far as ,i can recall1 ,i met ,sievers about #aibi1 on one of my historical-philosophical lecture trips4 ,he was a ,boy ,scout at that time4 ,he spoke up during the discussion and we took a liking to each other4 ,q4 ,did ,sievers show at that time that he was opposed to the ,,nsdap8 ,a4 ,that was a matter of course with the people with whom ,i had anything to do at all4 ,q4 ,and did you consider him suitable to work in your circle8 ,a4 ,yes4 ,q4 ,in #aibi ,sievers joined the ,,nsdap4 ,was that done with your knowledge8 ,a4 ,yes4 ,q4 ,did you advise him to do so or how did it come about8 ,there had to be some special reason1 since you were both opponents of this political party4 ,a4 ,that was the first time1 aside from #aibc1 when the ,,nsdap was talked about1 and it was useful to know what was going on in this growing machine--were there any people of good will within the machine1 what were the leaders doing1 what plans were being made1 what organization was being set up4 ,q4 ,then first of all you wanted to find out what intentions the ,,nsdap had8 ,a4 ,yes1 and specifically in the youth work1 because that had to be the most important in the long run4 ,q4 ,now1 in #aica ,sievers resigned from the ,,nsdap again2 did he do that with your knowledge8 ,a4 ,yes4 ,q4 ,on your orders8 ,a4 ,yes1 one might say that4 ,we discussed it1 and ,i considered it the thing to do4 ,q4 ,now1 why should he suddenly leave the ,party since he had been sent into the ,party with the definite purpose of getting information8 ,a4 ,he had found out what he was to find out1 the nature and the make-up1 especially of the youth organization4 ,it was just as inferior as we had thought1 and even at that time it was so corrupt that without any further plan--and we had no plan at the time--without any further plan it was not necessary to have him continue4 ,q4 ,now1 in the year #aicc1 ,sievers1 as the ,tribunal has already been told1 again joined the ,,nsdap2 was this also done on your behalf8 ,a4 ,yes4 ,at that time we were already a thoroughly organized organization4 ,we were already asking for volunteers1 who were willing and who were capable of working up in the sense of the ,trojan ,horse4 ,sievers seemed suitable1 and he was willing4 ,q4 ,were you able to get him any position within the ,party8 ,a4 ,no4 ,i was not able to help him to obtain any position1 and in the second place ,i had no intention of telling the individual persons whom ,i trusted1 in detail1 what they were to do4 ,q4 ,then it was up to the skill of the individual to get into a position from which he would be able to carry out the assignment which you gave him8 ,a4 ,yes4 ,q4 ,and how did ,sievers obtain this position8 ,a4 ,he got into this with ,hermann ,wirth in the ,ahnenerbe4 ,q4 ,who was ,hermann ,wirth8 ,a4 ,hermann ,wirth was a rather crazy student of pre-history1 who had excellent material and terrible concepts4 ,q4 ,was ,wirth already in contact with the ,ahnenerbe at that time8 ,a4 ,as far as ,i know he was one of the founders4 ,q4 ,then1 as you say1 ,sievers got in contact with ,wirth1 and through ,wirth he got into the ,ahnenerbe8 ,a4 ,yes4 ,he was there from #aice on as ,reich ,business ,manager4 ,q4 ,now1 did you give ,sievers any specific assignment in the spirit of your movement8 ,a4 ,as soon as it was clear that there was a possibility of exploiting ,himmler's racial romancing and half-education1 the assignment developed to gain ,himmler's confidence with the aid of the ,ahnenerbe and to get as close to him as possible4 ,we1 that is my group1 were among the people who very early recognized the special personal danger of ,himmler1 and in the second place from the beginning we had been determined that one day we would have to overthrow the ,party regime by force1 and for that purpose one has to get as close as possible to the most dangerous man4 ,q4 ,and what were the duties which ,sievers had this time8 ,when he first belonged to the ,,nsdap1 you said he was to get information about the intentions of the youth movement of the ,,nsdap4 ,a4 ,this time1 of course1 he had to get as many details as he could from the office of the ,reich ,leader ,,ss1 and transmit them to us4 ,we had to protect people4 ,we had to build up camouflage positions4 ,we had to help the other people and in turn to remain unrecognized4 ,q4 ,and how did ,sievers carry out these duties8 ,a4 ,well1 it will be best if ,i begin with myself4 ,i myself was known and considered undesirable by the ,party leadership4 ,q4 ,you mean the ,,nsdap8 ,a4 ,well1 yes1 of course4 ,the ,party leaders knew me and considered me undesirable4 ,i had already been under arrest and had had my house searched4 ,i was watched by the ,gestapo1 and in order to build up my organization ,i needed to be able to travel anywhere without arousing suspicion4 ,consequently1 ,sievers gave me a fake research assignment1 which was to study ,indo-,germanic culture1 customs of the annual festivals4 ,q4 ,sievers said during direct examination that he himself could not issue any research assignments2 you said that you received a fake research assignment from him2 wasn't this research assignment actually issued by the curator1 ,professor ,wuest8 ,a4 ,yes4 ,if things were going well1 and ,wuest was in a good mood1 or had been drinking with ,sievers1 it was possible to persuade him to do something1 and so he succeeded in persuading ,wuest that ,i was efficient for this research assignment1 and so ,i was given this assignment4 ,and what concerned ,indo-,germanic customs could be found anywhere4 ,i was given a false pass as a section chief1 though ,i was not a section chief1 and was not a member of the ,,ss nor the ,ahnenerbe4 ,q4 ,and with this pass you were able easily to get visas to go abroad8 ,a4 ,not necessarily4 ,i needed a little more for that purpose1 but it was easier4 ,q4 ,then the actual purpose of this fake research assignment was that you1 who were a suspect1 might appear in a more harmless light and would be able to move rather freely and without supervision8 ,a4 ,yes4 99 99 99 99 99 ,q4 ,what did ,sievers do in order to further the activities of your organization8 ,a4 ,for instance1 he took care of supplying all information which was of importance4 ,he told us what troops of the ,waffen ,,ss were in ,germany during the war4 ,he gave us fake official trips and he worked out a plan for an assassination1 which was to be carried through by our group in case the generals' plan did not come off4 ,we all thought it was not safe to rely on the generals4 ,in ,march #aidd1 ,werner ,haften told me by order of ,stauffenberg that one would have to take into account the fact that the generals would have to be moved into action by a certain assassination and everyone was to make his own preparations1 in case he had any1 in such a manner as if he was the only one active4 ,that was the situation in ,march #aidd4 ,we worked out a substantial plan to remove1 if possible1 ,himmler and ,hitler simultaneously1 but in case of doubt ,himmler himself4 ,we were of a completely different opinion there than the other groups4 ,q4 ,what concrete preliminary work was done for the assassination in your group8 ,a4 ,sievers was the only one in our group who came into question regarding that assassination because he was the only one so close to ,himmler4 ,he was therefore assigned this task and we worked out this matter as far as the detailed plan was concerned2 all that was necessary now was to press the button4 ,q4 ,and for what period of time was this assassination intended8 ,a4 ,we started our preparations in the year #aidc1 and we could have started at the earliest at the end of #aidc4 ,then we finally thought of the middle of #aidd because ,schulenburg and ,luening told me that the generals would be ready around that time4 ,q4 ,well1 an assassination is a matter for quick decision4 ,is it not true1 therefore1 that all these long preparations that you are telling us about are rather surprising8 ,a4 ,the following would have to be taken into consideration3 ,around ,himmler and ,hitler there was a strong guard1 a strong ring of guards1 through which none could get unless he was carefully searched and checked4 ,secondly1 and that ,i already emphasized1 one did not have to be quite sure that the generals would carry out that assassination1 but one had to be sure that a sufficient number of generals were ready to remove the ,national ,socialist system immediately after the assassination1 for the elimination of just these two people would have no political purpose whatsoever4 ,we did not intend to carry out a ,putsch but we intended to remove a political system1 a political order1 and for that reason we had to wait until the situation became right and the generals were ready4 ,q4 ,now1 the question crops up whether these plans for the assassination of ,hitler and ,himmler were only in your fantasy1 or the fantasy of your collaborators1 or was there any real basis or concrete preparation for such assassination8 ,a4 ,i already said that the preparations had been worked out in the detailed technical points insofar as the location1 the shooting1 etc41 were concerned4 ,q4 ,and who would have assassinated ,himmler and ,hitler8 ,a4 ,sievers was to do that and a few young men belonging to my organization4 ,q4 ,and why was it in effect not carried out8 ,a4 ,after the ,stauffenberg assassination had failed1 the ,wehrmacht circles that came into question were eliminated by ,himmler and therefore it was no longer possible to remove that system4 ,the only consequence of any attempted assassination would have been--since the foreign political situation would not have changed--that the people would have said again1 8,this is the stab in the back for the victorious front line40 ,q4 ,what did ,sievers do to further your activity in addition to what you have already said8 ,a4 ,he1 for instance1 supported my representative1 ,arnold ,deutelmoser1 when he was put on the list of those who were to be removed under the pretext of the assassination which took place in ,munich at the ,buergerbraeu4 ,he also protected ,bomas who was working in the ,netherlands4 ,he protected ,dr4 ,schuettelkopf whom we had sent into the ,,rsha and it was possible for him in turn to send me to ,sweden4 ,he saved ,niels ,bor1 ,professor ,seyb of ,oslo ,university1 and he saved a number of ,norwegian students1 etc4 ,q4 ,do you know that ,sievers informed you about ,himmler's double play in the case of the minister ,popitz1 and that as a consequence he saved that entire group against measures by ,himmler8 ,a4 ,yes4 ,the following thing happened4 ,one day ,sievers approached me and said that he had just heard ,himmler ridicule in a close circle an attempt on the part of ,popitz4 ,he said that ,minister ,popitz with the mediation of the lawyer ,lampe had approached ,himmler and tried to persuade him to bring about a change of the ,national ,socialist system1 perhaps by removing ,hitler4 ,he said ,himmler thought it was very funny that these men had so little sense as to think of him in that connection4 ,thank ,god one could enter negotiations with them because certainly nobody in the country was behind these people1 but it did seem that these gentlemen had many foreign political relationships and it would be advisable to find out what in effect was behind it all and to enter into negotiations with them4 ,we were quite surprised about the naive attitude shown by ,himmler1 and ,i sent ,deutelmoser to ,reichwein whom ,i knew had connections with ,popitz4 ,in that way ,popitz was warned4 ,reichwein was so surprised and hardly wanted to believe the situation4 ,i was asked to participate in a conference1 and ,reichwein after having convinced himself that all of this was true promised to warn all of the gentlemen concerned in ,berlin and then asked ,deutelmoser1 who was to go to ,norway shortly thereafter to notify ,reichwein's friend1 ,stelzer1 the present ,minister ,president of ,schleswig-,holstein1 in order to see that he1 too1 took the necessary precautionary measures4 ,in this way we hoped that a number of these people had actually been saved4 ,popitz1 however1 himself was careless and was captured4 ,q4 ,this conspiracy could not have been carried out unless you had the necessary financial means at your disposal4 ,how did you get these means8 ,a4 ,everyone of our people1 be it man or woman1 had agreed to give up ten percent of their monthly income for that illegal work4 ,many gave a substantially larger sum4 ,q4 ,how about ,sievers8 ,a4 ,sievers gave more than he had to4 ,q4 ,do you know the case of the three hundred ,norwegian students who on the basis of ,sievers' intervention were released from the concentration camp ,buchenwald8 ,a4 ,yes4 ,terboven1 or some other official in ,norway1 disliked some demonstration which occurred there1 and as a result arrested three hundred students4 ,through some dark channels they were brought into the concentration camp at ,buchenwald4 ,sievers found out about that1 and if ,i remember correctly1 he was in a position to see to it that these students were released from the concentration camp1 making use of ,himmler's ,nordic ideas to this end4 ,q4 ,in that case you think that ,sievers' activity was substantially important for your resistance movement8 ,a4 ,yes4 ,that was true of my organization1 for he protected and covered me as its chief1 and1 secondly1 as far as ,i know1 he was the only man belonging to any resistance movement who was as close as he to the ,reich ,leader ,,ss4 ,if any other group had brought any such information as he did1 ,i would have noticed that it could have only come from the same source4 ,q4 ,witness1 ,i shall have a document handed to you which was submitted by the prosecution4 ,this is ,document ,,no-#ige1 ,prosecution ,exhibit #dgi4 ,it is a letter sent by ,sievers to ,dr4 ,hirt4 ,would you please look at that letter8 ,a4 ,yes4 ,q4 ,this letter contains a tone of voice which seems to indicate that he tried to cover ,dr4 ,hirt's activity4 ,dr4 ,hirt was working in the ,anatomical ,institute of the ,strasbourg ,university4 ,i assume1 for reasons which we shall mention later1 that you know ,hirt's name4 ,how do you explain that tone in this letter8 ,a4 ,i think that this is very proper and praiseworthy4 ,i would have thought it very foolish of ,sievers if he adopted any other tone in any of his official correspondence4 ,it was his task to say 8yes0 but act in a negative way4 ,there couldn't have appeared any pretense of any disapproval on his part4 ,the more active one had to be in an anti-,national ,socialist way1 the more one had to speak in favor of ,national ,socialism4 ,q4 ,i shall now turn to another complex of questions4 ,sievers is indicted in this trial as having participated in a number of crimes4 ,did ,sievers at any time tell you about the so-called research assignments of ,dr4 ,rascher and ,dr4 ,hirt who was just mentioned8 ,these were experiments carried out in the concentration camps4 ,a4 ,sievers1 as far as ,i remember1 came to me in the year #aidb and told me very excitedly that ,himmler in his desire to extend the ,ahnenerbe ,society had embarked on the thought of including experiments on human beings in the work of the ,ahnenerbe ,society4 ,he said that he did not succeed in frustrating that4 ,he said that he had no desire whatsoever to participate in these horrible acts and asked me what to do4 ,at that time we considered this horrible situation very thoroughly and thought of what we could do4 ,it was quite clear to us what the ,,ss intended here1 and it was questionable whether responsibility could be assumed for any such acts1 whether it would be advisable to be the instrument of ,himmler if he embarked on any such acts1 measures where human beings were degraded to the level of insects4 ,the following considerations proved to be decisive for us3 ,if ,sievers left1 not one person1 not one subject in these experiments would be saved4 ,if ,sievers stayed there as a technical secretary1 he could throw sand into that machinery and would1 perhaps1 be in a position to save somebody4 ,in addition1 the entire plan and the entire overthrow of the ,party stood or fell with ,sievers staying at his post4 ,the experiments on human beings were only part of this horrible ,party system1 and one had to concentrate on the decisive points in order finally to remove everything1 and1 as ,i have said before1 there was no other way into the staff of the ,reich ,leader ,,ss4 ,we therefore concluded that if ,sievers resigned because of that1 it was sure that he would be eliminated and probably all the people he had ever entrusted with a research assignment1 and everything that we had done so far would be lost if he left1 and if anyone was to be saved at all1 he could only be saved by ,sievers remaining at his post4 ,q4 ,if ,i have understood you correctly1 ,sievers at first wanted to resign from his position as ,reich ,business ,manager of the ,ahnenerbe8 ,a4 ,yes4 ,that is correct4 ,q4 ,did ,sievers approve of these arguments which you and your friends put forward in favor of his staying with the ,reich ,leader ,,ss as the ,reich ,business ,manager of the ,ahnenerbe8 ,did he do it immediately or only after trying to persuade him for some time8 ,a4 ,this took a number of days1 because ,sievers1 according to his nature1 was softer than many of us and did not want to agree with us4 ,we finally had to appeal to his sense of duty and persuade him that he had to do it and that it was the only way4 ,q4 ,among other matters1 it was considered that by ,sievers remaining at his post1 there would be a possibility of mitigating these horrible experiments8 ,a4 ,the chance wasn't very great but we were convinced that this would be the only way possible1 if at all4 ,then it could only be done in that manner4 ,if ,i may say so1 this was such a horrible situation that we always had to come back to it and we were very lucky at least to have the hope of saving a number of people4 ,other opponents of the ,,ss system have told me about similar dilemmas which were just as difficult1 and where the alternative was yet more horrible1 and where persons1 according to my belief and knowledge1 acted correctly4 ,if the ,tribunal would permit me ,i could relate a few almost incredible situations which were even worse4 ,,presiding ,,judge ,,beals3 ,in what connection are these narrations1 ,witness8 ,,witness ,,hielscher3 ,in connection with the question as to whether it was morally justifiable to enable ,sievers to remain at his post4 ,,presiding ,,judge ,,beals3 ,such matters as that would not be material in this inquiry4 99 99 99 99 99 ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,now1 what did ,sievers ever tell you about the ,sievers-,hirt skeleton collection8 ,did he ever tell you about that8 ,,witness ,,hielscher3 ,yes4 ,he told me that ,himmler had ordered--as far as ,i know1 it was in connection with ,jewish commissars who were under this terrible execution order which was valid in the ,east--that some of them were to be selected and used for the skeleton collection4 ,the order was from ,himmler1 as ,sievers reported to me4 ,q4 ,and did you know what they were going to do with these people8 ,a4 ,yes4 ,it was the same as in the experiments4 ,there a danger of death was a possibility2 here it was certain4 ,q4 ,you knew1 of course1 that they were going to stand these people up1 pick them out1 select them according to size1 take their anatomical measurements1 then ship them to ,natzweiler and at ,natzweiler kill them1 then deflesh them1 then send the skeletons to the ,strasbourg ,university for collection8 ,and you knew that8 ,a4 ,yes4 ,q4 ,a fine thing for a resistance man to be involved in1 isn't it8 ,a4 ,the situation1 as ,i have said repeatedly1 was as follows3 ,we made no distinction in the real evaluation of the skeleton collection and other experiments in which there was this so-called 8volunteering0 and in which the result was the same--in our eyes1 they were the same thing4 ,i should like to emphasize one more thing4 ,does one have the moral right to tolerate a lesser evil in order to prevent a greater evil8 ,q4 ,just a moment4 ,now in connection with the skeleton collection1 do you further know that they dispensed with the idea of taking ,jewish commissars but selected ,jewish inmates of concentration camps8 ,a4 ,yes4 ,what particular persons were selected ,i do not know1 of course1 but ,i knew that a number of ,jews were to be gassed and were selected for this anthropological collection4 ,that was the same case as in the ,ghetto of ,lodz4 ,the ,jewish commander of the ,ghetto--that was ,lieutenant ,rosenblatt--after he had gained confidence in me because ,i had gone in with a false pass1 said personally to me3 8,i was picked out by the ,,ss4 ,when a new group of ,jews comes into this ,ghetto of ,lodz and crowds the ,ghetto1 ,i have to select exactly the same number of ,jews and ,i know that they will be gassed4 ,that is1 ,i was selected by the ,,ss to determine who is to be gassed4 ,now1 ,i ask you in the name of ,god1 ,mr4 ,hielscher1 you are a ,christian1 what am ,i to do8 ,i had nothing to do with that4 ,i have asked the ,rabbis4 ,i have asked the old people themselves1 and we have come to the conclusion that ,i must stay in this office4 ,at least ,i can determine the persons--,i can at least select the oldest people who can't stand life in a ghetto and perhaps1 in this way1 perhaps ,i will be able to save the life of one person4 ,these two old people that ,i am telling you about were about seventy years old4 ,there were five ,christians among the ,jews4 ,at least ,i was able to see that these two old people were gassed together4 ,they asked me to tell their daughter that we were able to achieve at least that4 ,tell me1 did ,i do right or not80 ,that is still more horrible because the man could not even reduce the number4 ,i was ashamed that the people who were in charge of this camp were called ,germans4 ,but ,i said3 8,you have acted right and you are justified in the eyes of ,god40 ,q4 ,now1 ,dr4 ,hielscher1 ,i assume that the defense counsel has shown you all the documents concerning the skeleton collection4 ,is that right8 ,a4 ,yes4 ,q4 ,there won't be any need for me to go over them4 ,you have stated in connection with the one document that was presented to you today on the stand that this was a very praiseworthy act on the part of ,sievers in a negative way4 ,since you are familiar with all the skeleton collection documents--,i had intended to go into each one but ,i will just go into that one4 ,that is ,document ,,no-#jhh1 ,prosecution ,exhibit #ahb4 ,this is a document which was written by ,sievers4 ,you will see that his signature appears thereon4 ,do you recognize the signature at the bottom of the letter8 ,a4 ,yes4 ,q4 ,well1 ,sievers here is proposing a way in which they can destroy the skeleton collection so that it will not be known to any one--that is1 to the ,allies when they overrun ,strasbourg4 ,and you will notice1 two-thirds of the way through1 the one paragraph that states3 8,the viscera could be declared as remnants of corpses apparently left in the anatomical institute by the ,french40 ,you see that8 ,a4 ,yes4 ,q4 8,in order to be cremated40 ,now this is an idea of one ,wolfram ,sievers1 wherein he is suggesting that these1 or the results of these criminal activities be left so that they may1 by the ,allies1 be blamed on to the ,french1 and bearing in mind1 of course that the ,french1 as well as the ,united ,states1 ,great ,britain1 and other ,allies were equally as interested as the resistance movements in defeating the ,nazi regime1 were they not8 ,a4 ,i have already said that it was ,sievers' duty to say 8yes0 and to act negatively1 but1 of course1 ,i did not praise this action1 but ,i praised the vocabulary1 the formulation4 ,he spoke like a ,nazi4 ,the concrete question in such a case was simply as follows3 ,can anyone be saved here or not8 ,if no one can be saved1 what can ,i do to keep up the appearance of a ,nazi since ,i know that ,obersturmbannfuehrer ,neuhaus suspects that ,i have some contact with the resistance movement8 ,sievers1 since the #bjth of ,july1 or rather since my arrest1 was constantly seeing to it that his actions looked like ,nazi actions1 insofar as no one was actually killed2 that was part of his duty1 part of the mask without which the organization could not operate4 ,q4 ,yes4 ,but from this letter does it not suggest that he was willing to allow an innocent ,frenchman to answer for the crimes which flowed out of this skeleton collection activity8 ,a4 ,if you show me-- ,q4 ,i have asked you--does it not appear from this letter1 this letter signed by ,sievers1 that he was willing to allow a ,frenchman to suffer for the crimes committed during the course of the collection of these skeletons8 ,a4 ,yes4 ,the letter quite deliberately1 ,i believe1 creates this impression4 ,that was the purpose of it1 like all such letters4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,prosecution ,,expert ,,witness ,,dr4 ,,andrew ,c4 ,,ivy#h ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,servatius3 ,witness1 take the following case4 ,you are in a city in which the plague is raging4 ,you1 as a doctor1 have a drug that you could use to combat the plague4 ,however1 you must test it on somebody4 ,the commander1 or let us say the mayor of the city1 comes to you and says1 8,here is a criminal condemned to death4 ,save us by carrying out the experiment on this man40 ,would you refuse to do so1 or would you do it8 ,,witness ,,dr4 ,,ivy3 ,i would refuse to do so1 because ,i do not believe that duress of that sort warrants the breaking of ethical and moral principles4 ,that is why the ,hague ,convention and ,geneva ,convention were formulated1 to make war1 a barbaric enterprise1 a little more humane4 ,q4 ,do you believe that the population of a city would have any understanding for your action8 ,a4 ,they have understanding for the importance of the maintenance of the principles of medical ethics which apply over a long period of years1 rather than a short period of years4 ,physicians and medical scientists should do nothing with the idea of temporarily doing good which1 when carried out repeatedly over a period of time1 would debase and jeopardize a method for doing good4 ,if a medical scientist breaks the code of medical ethics and says1 8,kill the person10 in order to do what he thinks may be good1 in the course of time that will grow and will cause a loss of faith of the public in the medical profession1 and hence destroy the capacity of the medical profession to do its good for society4 ,the reason that we must be very careful in the use of human beings as subjects in medical experiments is in order not to debase and jeopardize this method for doing great good by causing the public to react against it4 ,q4 ,witness1 do you not believe that your ideal attitude here is more or less that of a single person standing against the body of public opinion8 ,a4 ,no ,i do not4 ,that is why ,i read out the principles of medical ethics yesterday1 and that is why the ,american ,medical ,association has agreed essentially to those principles4 ,that is why the principles1 the ethical principles for the use of human beings in medical experiments1 have been quite uniform throughout the world in the past4 ,q4 ,then you do not believe that the urgency1 the necessity of this city would make a revision of this attitude necessary8 ,a4 ,no1 not if they were in danger of killing people in the course of testing out the new drug or remedy4 ,there is no justification in killing five people in order to save the lives of five hundred4 ,q4 ,then you are of the opinion that the life of the one prisoner must be preserved even if the whole city perishes8 ,a4 ,in order to maintain intact the method of doing good1 yes4 ,q4 ,from the point of view of the politician1 do you consider it good if he allows the city to perish in the interests of preserving this principle and preserving the life of the one prisoner8 ,a4 ,the politician1 unless he knows medicine and medical ethics1 has no reason to make a decision on that point4 ,q4 ,but as a politician he must make a decision about what is to happen4 ,shall he coerce the doctor to carry out the experiment1 or shall he protect the doctor from the rage of the multitude8 ,a4 ,you can't answer that question4 ,i should say this1 that there is no state of no politician under the sun that could force me to perform a medical experiment which ,i thought was morally unjustified4 ,q4 ,you then1 despite the order1 would not carry out the order1 and would prefer to be executed as a martyr8 ,a4 ,that is correct1 and ,i know there are thousands of people in the ,united ,states who would have to do likewise4 ,q4 ,and do you not also believe that in thousands of cities the population would kill the doctor who found himself in that position8 ,a4 ,i do not believe so because they would not know4 ,how would they know whether the doctor had a drug that would or would not relieve8 ,the doctor would not know himself1 because he would have to experiment first4 ,q4 ,witness1 ,i put a hypothetical case to you4 ,if we are to turn to reality other questions would arise4 ,i simply want to hear now your general attitude to this problem4 ,you are then of the opinion that a doctor should not carry out the order4 ,are you also of the opinion that the politician should not give such an order8 ,a4 ,yes4 ,i believe he should not give such an order4 ,q4 ,is this not a purely political decision which must be left at the discretion of the political leader8 ,a4 ,not necessarily4 ,he should seek the best advice that he can obtain4 ,q4 ,if he is informed that this one experiment on this one prisoner would save the whole city1 he may give the order despite the fact that the doctor does not wish to carry it out1 is that what you think8 ,a4 ,he could then give the order1 but if the doctor still believed that it was contrary to his moral responsibilities1 then the doctor should not carry out the order4 ,q4 ,that is another question1 whether or not he carries it out1 but in such cases you consider it is permissible to give that order1 is that what ,i understood you to say8 ,a4 ,after he has obtained the best advice on the subject which he can obtain4 ,q4 ,then he can give the order4 ,yes or no8 ,a4 ,yes4 99 99 99 99 99 ,g4 ,subjection to ,medical ,experimentation as ,substitute for ,penalties a4 ,introduction ,several of the defendants argued that medical experiments1 alleged as criminal1 upon concentration camp inmates were justified because they were a substitute for penalty or punishment previously imposed on the experimental subjects4 ,counsel for the defendant ,gebhardt argued that the experimentation amounted to a complete pardon as sentences of death had been imposed and hence that the experimentation1 not always deadly1 saved human lives4 ,the prosecution's argument on this point is illustrated by an extract from the closing statement1 set forth on pages #dd to #di4 ,on this general question1 selections have been taken from the closing brief for the defendant ,karl ,brandt and from the final plea of the defendant ,gebhardt4 ,these appear below on pages #di to #ef4 ,the following selections from the evidence appear in pages #ef to #fa3 extract from the direct examination of the defendant ,mrugowsky2 cross-examination of the prosecution's expert witness1 ,dr4 ,andrew ,c4 ,ivy4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#i 99 99 99 99 99 ,another of the rather common defenses urged by the defendants is that the experimental subjects were criminals condemned to death who1 provided they survived the experiment1 were rewarded by commutation of their sentence to life imprisonment in a concentration camp4 ,for one who has even the slightest knowledge of the conditions in concentration camps and the life expectancy of an average inmate1 this alleged defense assumes the aspect of a ghastly joke4 ,we need only recall the remark made by one of the women used by ,rascher to reward his frozen victims in ,dachau1 who when asked by him why she had volunteered for the camp brothel1 replied3 8rather half a year in a brothel than half a year in a concentration camp40 ,but the defects in this spurious defense run much deeper4 ,concentration camps were not ordinary penal institutions1 such as are known in other countries1 for the commitment of persons convicted of crimes by courts4 ,the very purpose of concentration camps was the oppression and persecution of persons who were considered undesirable by the ,nazi regime on racial1 political1 and religious grounds4 ,hundreds of thousands of victims were confined to concentration camps because they were simply ,jews1 ,slavs1 or gypsies1 ,free ,masons1 ,social ,democrats1 or ,communists4 ,they were not tried for any offense and sentenced by a court1 not even a ,nazi court4 ,they were imprisoned on the basis of 8protective custody orders0 issued by the ,,rsha4 ,tens of thousands were condemned to death on the single order of ,himmler1 who1 as ,gebhardt put it so well1 8had the power to execute thousands of people by a stroke of his pen40 7,tr4 p4 #djbe47 ,there were1 indeed1 a relatively small group of inmates who might be classed as ordinary criminals4 ,these were men who had served out their sentences in an ordinary prison and then were committed to concentration camps for still further detention4 ,a memorandum of #ah ,september #aidb by ,thierack1 the ,minister of ,justice1 concerning a conversation with ,himmler1 tells us the fate of those unfortunates3 8,the delivery of anti-social elements from the execution of their sentence to the ,reich ,leader ,,ss to be worked to death4 ,persons under protective arrest1 ,jews1 gypsies1 ,russians and ,ukrainians1 ,poles with more than #c-year sentences1 ,czechs and ,germans with more than #h-year sentences1 according to the decision of the ,reich ,minister for ,justice40 7#fed-,,ps1 ,pros4 ,ex4 #efb47 ,the proof in this case has demonstrated beyond all doubt that so-called criminals sentenced to death were very rarely used in any of the experiments4 ,true it is that ,himmler said prisoners condemned to death should be used in those high-altitude experiments where the long-continued activity of the heart after death was observed by the experimenters4 ,he was generous enough to say that if such persons could be brought back to life1 then they were to be 8pardoned0 to concentration camp for life4 ,but even this unique amnesty had no application to ,russians and ,poles1 who were used exclusively in those experiments4 ,but1 assuming for the moment1 that this alleged defense might have a mitigating effect under some circumstances1 it certainly has no application to this case4 ,be it noted that this is an affirmative defense by way of avoidance or mitigation4 ,there has been no proof whatever that criminals sentenced to death by an ordinary court could possibly be executed in a concentration camp4 ,such matters were within the jurisdiction of the ,ministry of ,justice1 not ,himmler and the ,,ss4 ,the experimental subjects we are dealing with are those that ,himmler could condemn by a 8stroke of his pen40 ,if the inmate used in the experiments was condemned for merely being a ,jew1 ,pole1 or ,russian1 or1 for example1 having had sexual intercourse with a ,jew1 it does not answer the criminal charge to say that the victim was doomed to die4 ,experimentation on such a person is to compound the crime of his initial unlawful detention as well as to commit the additional crime of murder or torture4 ,as has been said by another tribunal1 8,exculpation from the charge of criminal homicide can possibly be based only upon bona fide proof that the subject had committed murder or any other legally recognized capital offense2 and1 not even then1 unless the sentencing tribunal with authority granted by the state in the constitution of the court declared that the execution would be accomplished by means of a low-pressure chamber40#aj ,in this connection1 it might be noted that ,german law recognized only three methods of execution1 namely1 by decapitation1 hanging1 and shooting4 7,german ,penal ,code1 ,part ,i1 ,section #ac2 ,reichsgesetzblatt ,reich ,law ,gazette1 #aicc1 ,part ,i1 p4 #aea2 ,reichsgesetzblatt #aici1 ,part ,i1 p4 #adeg47 ,moreover1 there is no proof that any of the experimental subjects had their death sentence commuted to any lesser degree of punishment4 ,indeed1 in the sulfanilamide crimes it was the experiment plus later execution for at least six of the subjects4 ,since the defendants ,gebhardt1 ,fischer1 and ,oberheuser have put particular stress on this alleged defense1 ,i should like to make a few remarks in that connection1 but it should be remembered that they apply with equal force to most of the other defendants4 ,gebhardt1 speaking for his co-defendants ,fischer and ,oberheuser1 took the position that the ,polish women who had been used in the sulfanilamide experiments had been condemned to death for participation in a resistance movement and that by undergoing the experiments voluntarily or otherwise1 they were to have their death sentences commuted to some lesser degree of punishment1 provided they survived the experiments4 ,this was no bargain reached with the experimental subjects2 their wishes were not consulted in the matter4 ,it was1 according to ,gebhardt1 left to the good faith of someone unnamed to see to it that the death sentences were not carried out on the survivors of the experiments4 ,certainly ,gebhardt1 ,fischer1 and ,oberheuser assumed no responsibility or even interest in that regard4 ,it should be pointed out that the proof shows that the experimental subjects who testified before this ,tribunal were never so much as afforded trial2 they had no opportunity to defend themselves against whatever crimes they were said to have committed4 ,they were simply arrested and interrogated by the ,gestapo in ,poland and sent to the concentration camp4 ,they had never so much as been informed that they had been marked for1 not sentenced to1 death4 ,article #cj of the ,regulations ,respecting the ,laws and ,customs of ,war on ,land1 annexed to the ,hague ,convention1 specifically provides that even a spy 8shall not be punished without previous trial04 ,gebhardt would have the ,tribunal believe that but for the experiments all these ,polish girls would be dead2 that he preserved the evidence which was used against him4 ,nothing could be further from the truth4 ,there is no proof in the record that these women would have been executed if they had not undergone the experiments4 ,the witness ,maczka is living proof of the contrary4 ,she was arrested for resistance activities on #aa ,september #aida and shipped to ,ravensbrueck on #ac ,september4 ,she was not an experimental subject yet she lives today4 ,substantially all of the ,polish experimental subjects arrived in ,ravensbrueck in ,september #aida4 ,these girls had not been executed by ,august #aidb when the experiments began4 ,there were some #gjj ,polish girls in that transport4 ,there is no evidence that a substantial number were ever executed even though most of them were not experimented on4 ,the proof submitted by the prosecution has shown beyond controversy that these ,polish women could not have been legally executed4 ,the right to grant pardons in cases of death sentences was exclusively vested in ,hitler by a decree of #a ,february #aice4 ,on #b ,may #aice1 ,hitler delegated the right to make negative decisions on pardon applications to the ,reich ,minister of ,justice4 ,on #cj ,january #aidj1 ,hitler delegated to the ,governor ,general for the occupied ,polish territories the authority to grant and deny pardons for the occupied ,polish territories4 ,by edict dated #h ,march #aidj1 the ,governor ,general of occupied ,poland ordered that-- 8,the execution of a death sentence promulgated by a regular court1 a special court1 or a police court martial1 shall take place only when my decision has been issued not to make use of my right to pardon40 7,,no-#cjgc1 ,pros4 ,ex4 #ecd47 ,thus1 even though we assume arguendo1 that the experimental subjects had all committed substantial crimes1 that they were all properly tried by a duly constituted court of law1 and that they were legally sentenced to death1 it is still clear from these decrees that these women could not have been legally executed until such time as the ,governor ,general of occupied ,poland had decided in each case not to make use of his pardon right4 ,there has been no proof that the ,governor ,general ever acted with respect to pardoning the ,polish women used in the experiments1 or1 for that matter1 any substantial number of those not used in the experiments4 ,the only reason these #gjj ,polish women were transported from ,warsaw and ,lublin to ,ravensbrueck1 in the first place1 was because the ,governor ,general had not approved their execution4 ,otherwise they would have been immediately executed in ,poland4 ,at the very least1 these women were entitled to remain unmolested so long as the ,governor ,general took no action4 ,he may never have acted or1 when he did1 he may have acted favorably on the pardon4 ,who is to say that the majority of these #gjj women did not live through the war even though they did not undergo the experiments8 ,certainly it was incumbent on the defense to prove the contrary by a preponderance of the evidence4 ,this it did not do by any evidence4 ,the defendants ,gebhardt1 ,fischer1 and ,oberheuser certainly cannot claim that they believed in good faith that the ,polish women could have been legally executed4 ,even the camp doctor1 ,schiedlausky1 knew that the ,governor ,general had to approve each execution4 ,moreover1 the large number of #gjj women being sentenced to death at this early stage of the war was enough to put any reasonable person on notice that something was wrong4 ,additionally1 the uncontroverted evidence proves that survival of the experiments was no guarantee whatever of avoiding execution in any event4 ,at least six of the experimental subjects were proved to have been executed after having survived the experiments4 ,it was not a question of the experiment or execution but rather the experiments and execution4 ,indeed1 in ,february #aide1 an effort was made to execute all of the experimental subjects but1 because of confusion in the camp due to the war situation1 the experimental subjects were able to obtain different identification numbers and so avoid detection4 ,but even if one takes the case of the defense at its face value1 the ,tribunal is in effect asked to rule that it is legal for military doctors of a nation at war to experiment on political prisoners of an occupied country who are condemned to death1 to experiment on them in such a way that they may suffer death1 excrutiating pain1 mutilation1 and permanent disability1 all this without their consent and in direct aid of the military potential of their enemy4 ,there would1 of course1 be no valid reason for limiting such a decision to civilian prisoners2 the experiments would certainly have been no worse had they been performed on ,polish or ,american prisoners of war4 ,it is impossible to consider seriously this ghoulish ruling being sought for by the defense4 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,the ,medical ,experiments as ,substitute for ,penalty#aa ,the indictment embraces certain medical experiments1 which are called war crimes and crimes against humanity4 ,according to paragraphs #aj and #ae of the indictment1 these experiments are designated as crimes1 as a violation of the general principles of criminal law as evolved from the penal law of all civilized nations1 as well as violations of the national penal laws of the countries in which such crimes were committed4 ,an indication of their punishable character was seen in the fact that the experiments were carried out without the consent of the persons experimented upon4 ,we must examine whether this consent of the person subjected to experiments is always necessary or whether it can be replaced by an order of the state through the penal administration1 and further1 if the same law applies to the execution of sentences on foreigners4 ,if consent to the human experiment by the person experimented on can be replaced by an order of the state1 then the person responsible for the experiment cannot be punished in cases where the experiments were carried out through the official penal administration in accordance with the order4 ,no legal regulations regarding the question of admissibility of medical experiments in civilized countries are known4 ,however1 it is a fact that such experiments have been carried out to a greater or lesser extent within the memory of man in all countries and up till now have remained unopposed4 ,but with the development of medical knowledge and modern methods of research1 experiments on human beings have increased considerably4 ,today1 when research1 to solve its problems and meet its challenges1 has advanced into the most widely differentiated spheres1 they are considered absolutely necessary4 ,accordingly1 human experiments will continue to increase with the progress of science and the problem that this trial has raised will always be urgent4 ,moreover1 reference is made to the opinion of the ,washington anatomist1 ,e4 ,v4 ,cowdry1 on the necessity of human experiments in cancer research 7,karl ,brandt #ej1 ,karl ,brandt ,ex4 #ef71 and the order for human experiments on the part of the ,british ,military ,government for ,professor ,mc,cance in ,wuppertal4 ,the knowledge of such experiments on human beings was1 as literature shows1 at first limited to medical specialist circles and the official authorities concerned4 ,only in recent times has the public been cautiously informed4 7,becker-,freyseng #fj1 ,becker-,freyseng ,ex4 #eh47 ,complete instruction of the public is only necessary so that1 in case of an eventual discussion1 sound judgment of the actions of the researcher may be possible4 ,reference is also made to the remarkable publication on the malaria experiment on #hjj prisoners in the ,united ,states1 published in the widely circulated periodical 8,life0 7,karl ,brandt #a1 ,karl ,brandt ,ex4 #a74 ,the number of the imprisoned persons to be experimented upon was even more than #b1jjj1 according to the radio account submitted4 ,repeated reports on such experiments have so far been received without opposition by specialist circles1 the authorities1 and also the general public4 ,from that can be gathered what in principle is considered permissible and right by competent authorities and the public4 ,the experiments actually carried out are a mirror of the existing laws and one can by way of legal sociological investigation find the norms of law that have validity4 ,this is done where the law is not codified4 ,in the same manner1 the ,international ,military ,tribunal has derived the existing international law on the basis of its phenomena and the same procedure leads to the determination of the common law4 ,inasmuch as positive regulations exist in the ,united ,states which are contradictory to the law derived from the phenomena1 these legal regulations must be produced or else the conclusions that can be drawn from the experiments must be regarded in favor of the defendant as valid law and an expression of fundamental principles of punishment4 ,the defense has in the present situation only very limited literature at its disposal for the comprehension and explanation of these legally important facts of the case4 ,however1 the little that is available is already so revealing that one must come to the conclusion that medical experiments on human beings are not only admissible on principle1 but in addition1 that it also does not violate the basic principles of criminal law of civilized nations to carry out experiments on convicts4 ,the question today is not whether experiments on human beings may be carried out but only under what circumstances and how these experiments may be undertaken4 ,moreover1 the prosecution itself has declared that human experiments are admissible on principle4 ,it is not intended here to go into the experiments which were made on the healthy and the sick and corpus vile at the time when modern research was in its infancy and without participation of government authorities4 ,insight into those times can be obtained from the book by the ,russian physician ,wressajew 8,confession of a ,physician0 7,karl ,brandt #dh1 ,karl ,brandt ,ex4 #ee71 published about #aijj4 ,the book reveals some of the experiments that were then known to medical experts and it follows that the governments did not interfere but in the interest of medical progress permitted such experiments without trying to protect the individual as the person experimented upon4 ,the states then either considered such experiments compatible with criminal law1 or they acquiesced in the camouflaging of the 8voluntariness0 of the person experimented upon which was customary in consideration of the law4 ,no governmental intervention as the result of such medical experiments is known4 ,with the development of health administrations1 governmental supervision has been increasingly instituted in all countries and one can consider all that was admitted in medical experiments with the consent of the administration and without opposition as the sediment of the existing law4 ,this is true particularly of recent times where governmental direction is on the increase4 ,particular attention must be given here to the experiments in state institutes on convicts and those sentenced to death4 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#ab 99 99 99 99 99 ,the ,agreement by the ,experimental ,persons as ,legal ,justification ,i shall now deal with the individual reasons for the exclusion of injustice and guilt1 which according to the result of the evidence preclude the culpability of the defendant's behavior4 ,i am hereby taking into consideration that the assumption of only one of the reasons for the exclusion of punishment which we shall now deal with suffices to justify the defendant's behavior and to exonerate him of the offense in the sense of a personal culpability because of his commission or omission4 ,the individual reasons for the exclusion of culpability are discussed without taking into consideration whether the examination of any further similar reasons is superfluous1 since the assumption of another reason for the exclusion of culpability suffices to secure the intended success4 ,evidence has proved that the experiments for testing sulfanilamides were carried out1 to begin with1 on fifteen professional male criminals who had been sentenced to death4 ,had they survived the experiments1 they would have been granted a pardon therefor4 ,considering that this part of the experiment is not a subject of the indictment1 ,i need not go into detail about it4 ,to the second and third group 7the sulfanilamide experiments7 belonged as experimental subjects members of the ,polish ,resistance ,movement1 who1 in view of their activity in this illegal movement1 had been sentenced to death by ,german courts martial4 ,it is a principle of ,german criminal law that in any case the consent of the offender precludes the illegality of the action4 ,this principle is not only found in ,german law but is an established part of practically all legal systems4 ,consequently1 we have to examine the question whether the experimental subjects gave their consent to the experiments4 ,when examining the question whether legally effective consent had been given1 it will not matter so much whether the experimental subjects expressly declared their consent4 ,however1 if generally acknowledged principles are applied1 one may presume that they expressed their consent in some obvious manner4 ,it is clear that consent could also have been given tacitly and by conclusive action4 ,however1 it is true that all the female witnesses examined in court testified that they did not give their consent to the experiments4 ,the ,tribunal1 in evaluating these facts1 will have to take into consideration that these witnesses were in a special position at that time1 as they also are today4 ,it stands to reason that under these circumstances many things may appear different to them today from the way they actually happened five years ago4 ,it might be true that the experimental subjects did not give their actual consent to these experiments4 ,it might even be true that they were not asked before the experiments whether they consented to the experiments4 ,nevertheless this would not exclude the possibility that1 considering their position at that time and being certain that they could not escape execution in any other way1 they nevertheless did consent to the experiments1 however tacitly4 ,this supposition would coincide with the fact that1 for instance1 none of the experimental subjects had ever made any complaint or mentioned to the defendant ,fischer1 who had regularly changed the dressings1 that they did not consent to the experiments4 ,the ,presumed ,consent of the ,experimental ,subjects as ,legal ,justification ,the illegality of an action is excluded not only if the injured person agreed either actually or tacitly1 but if there could have been a possible consent4 ,these are the cases where the consent of the injured person could be expected normally1 but where for some reason or another such a consent was actually not given4 ,numerous attempts have been made in legal literature and also in judicial decisions to do justice to this situation which so often occurs in practice4 ,not all of these theories need to be discussed since the decisive points of view have by now been clarified4 ,at first an attempt was made to settle this question by applying the law referring to unauthorized acting for and on behalf of another person4 ,serious objections were raised against this transfer of concepts of civil law to criminal law4 ,the criminal idea of consent is to be extended instead to include so-called supposed consent4 ,i understand this as an objective judicial judgment based on probabilities1 namely1 that the person concerned would have given his consent to the action from his personal point of view if he had fully known and realized the situation4 ,wherever such a judgment could be applied1 it should have the same effect as the judicial finding of an actual consent4 ,however1 other courts and scientists base their reason for justification upon 8action for the benefit of the injured person04 ,if correctly viewed1 no actual contradiction to an assumed comment could be seen therein4 ,on the contrary one may say perhaps that this could be considered as an independent argument for justification4 ,in modern literature and judicial practice1 the tendency prevails to combine the two last mentioned viewpoints by demanding them cumulatively4 ,it is not comprehensible1 however1 why such simultaneous existence of two arguments for justification should be required when each argument in itself is decisive4 ,a well-known teacher of criminal law in ,germany stated the following conception of this idea3 8,should the injured person not consent1 the action in his behalf and for his benefit is to be considered lawful if his consent could have been expected according to an objective judgment4 ,the primary justifying argument here is not that the injured person has waived his right of decision1 but that a positive action was performed for his benefit40 ,the practical result1 in spite of the theoretical objections raised against such a combination1 could hardly be different4 ,for the 8objective judicial sentence based on probabilities10 here applied for1 which is decisive and upon which the so-called supposed consent would have to be based1 will regularly result from an action that under given circumstances is performed for the 8benefit of the injured person40 ,applying these general principles to the sulfanilamide experiments1 there can hardly be any doubt that the experimental subjects would have agreed if they had been fully aware of their position4 ,the experimental subjects had already been sentenced to death and their participation in these experiments was the only possibility for them to avoid execution4 ,if the ,tribunal now tries to assess the probability that the experimental subjects would have agreed to submit to those experiments if they had had full knowledge of the position and the certainty of their eventual execution1 there can in my opinion be very little doubt as to the result of this examination4 ,nor can there be two opinions regarding the question whether1 under circumstances prevailing at that time1 the utilization of the prisoners for these experiments was 8in the interest of the wounded04 ,the evidence has shown that the other members of the ,polish ,resistance ,movement1 who were sentenced to death by court martial and who were in the concentration camp at ,ravensbrueck awaiting the confirmation of the verdict which was given by the ,governor ,general of the occupied ,polish territory1 were really shot only after a complicated and protracted procedure4 ,their participation in these medical experiments was the only chance for them as condemned persons to save their lives4 ,their participation in these experiments was not only in their interest but it also seems to be inconceivable that the prisoners1 if they had been fully aware of their position and had known of the forthcoming execution1 would not have given their consent for the experiments4 99 99 99 99 99 ,the ,defendant's ,erroneous ,assumption of an ,agreement by the ,experimental ,subjects ,the evidence has shown that the experimental subjects in ,camp ,ravensbrueck were not selected by the defendant ,karl ,gebhardt nor by any of the other defendants1 but that the selection was made by the competent agency within the ,reich ,security ,main ,office in ,berlin or the political department of the ,ravensbrueck concentration camp4 ,during the conference at the beginning of ,july #aidb1 in which the conditions for the experiments were agreed upon1 it was expressly assured that the experimental subjects were persons sentenced to death who were to be pardoned if they survived the experiments4 ,in view of the fact that the defendant ,gebhardt did not himself select the experimental subjects and that1 on the other hand1 no complaints of any kind on the part of the experimental subjects were ever reported to him1--the defendant ,fischer was not in a position to make any personal observations along these lines either--we now must examine the question of the legal position of the defendant ,gebhardt if he erroneously assumed the consent of the experimental subjects4 ,in criminal law it is a generally recognized principle that there can be no question of intentional action if there existed an erroneous assumption of justificatory facts4 ,this principle can also be found in ,article #ei of the ,german ,penal ,code4#ac ,but beyond that1 this legal principle may be considered one of the principles which is generally valid and which is derived from the general principles of the criminal law of all civilized nations1 thus representing an inherent part of our modern conception of criminal law4 ,in application of this principle--and even if the ,court does not consider the consent of the experimental subjects as proved and1 therefore1 does not provide the prerequisites for a legal excuse for objective reasons--we still cannot assume an intentional act on the part of the defendant ,gebhardt if he acted under the 8erroneous assumption of consent by the experimental subjects40 ,the ,erroneous ,assumption of ,probable ,agreement ,the same applies if the defendant ,gebhardt erroneously assumed a probable consent of the experimental subjects4 ,we do not mean here an erroneous assumption with regard to the legal suppositions of such a one1 but the erroneous assumption of such facts1 which1 had they existed1 would have induced the ,tribunal to recognize the 8probable consent40 ,i am referring here to my argumentation for the legal excuse represented by the 8probable consent10 which ,i understand as 8an objective opinion concerning the law1 based on probability and according to which the person concerned would have consented to the act from his own personal standpoint1 if he had been fully aware of the circumstances40 ,provided that the defendant ,dr4 ,gebhardt assumed the existence of such circumstances which seems certain according to the evidence1 and even if he did so erroneously1 the intent and thus the crime in this case would also be excluded according to the generally acknowledged principle4 99 99 99 99 99 d4 ,evidence ,testimony ,page ,extract from the testimony of defendant ,mrugowsky #ef ,extract from the testimony of prosecution expert witness ,dr4 #fj ,andrew ,c4 ,ivy ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,mrugowsky#ad ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,flemming3 ,you know that ,general ,taylor1 in his opening speech1 said that this experiment with aconitine had not been conducted in order to find an antidote to aconitine but in order to ascertain how long it takes to kill a human being in this manner4 ,please tell the ,tribunal whether this concerned an experiment4 ,,defendant ,,mrugowsky3 ,this was not an experiment in the actual sense of the word4 ,it was the legal execution of five thieves1 and some special facts were to be ascertained during this execution4 ,the details were as follows3 ,one day the chemist of the ,reich ,criminal ,police ,office1 ,dr4 ,wittmann1 came to me4 ,he asked me to attend an execution as the official doctor4 ,as the reason for this request he added that in the ,general ,government in ,poland a high official had been injured when he was attacked with a revolver2 that the bullet had inflicted only a harmless flesh wound1 but nevertheless the person had died after a few hours with symptoms of poisoning4 ,the person who had attacked him had been arrested1 and the rest of the ammunition was a hollow ball which contained a crystallized poison4 ,the ,chemical ,institute of the ,reich ,criminal ,police ,office tested this and found that it was aconitine4 ,the ammunition was of ,russian origin4 ,there is no aconitine in ,germany2 it is imported4 ,the question was whether this was the first case of the beginning of poison warfare against ,germany4 ,we had been expecting such a method of warfare for some time4 ,for that reason there was not only criminal interest in clearing up this case but a general interest of the greatest importance4 ,this ammunition was to be tested on five thieves who were to be executed anyhow1 and it was to be seen whether this crystallized poison contained another poison which had not been found in the chemical tests4 ,the remainder of the original ,russian ammunition was to be used1 and also ,german ammunition which had been made in imitation of the ,russian4 ,at the same time--and this was the main purpose of the experiment--it was to be discovered how much time would elapse between the injury and the appearance of the symptoms of poisoning1 in order1 if necessary1 to be able to use an antidote4 ,this question was of such great importance because an antidote to aconitine is hardly known1 and if this had actually been the beginning of poison warfare1 then efforts would have to be made immediately to find an antidote4 ,therefore1 the head of the ,reich ,criminal ,police ,office asked me1 and the ,chief of the ,criminal ,technical ,office also asked me1 to participate in the execution myself1 although that was not actually my work2 but ,dr4 ,wittmann said he did not know of any toxicologist except one in ,berlin2 they had all been drafted1 and as a bacteriologist ,i had a certain amount of experience in symptoms of poisoning connected with bacteria and1 therefore1 he asked me to take over this job4 ,i was rather unwilling to do so4 ,i pointed out to ,dr4 ,wittmann that the regular police in ,vienna had a pharmacologist who was very experienced and ,i suggested that he should be called upon2 but this was not done because of the poor communications resulting from the air warfare4 ,since1 on the other hand1 this question was doubtless of great significance and should not be postponed1 ,i finally declared myself willing to fulfill this request4 ,in accordance with the purpose of this job1 ,i made not only the usual report1 but a rather more detailed report on the symptoms of poisoning4 ,there is the report which we have here in this prosecution document4 ,q4 ,you have said that this ammunition which was captured was of ,russian production4 ,how can that be proved8 ,a4 ,the prosecution itself proved that4 ,to this ,document ,,no-#bja1 ,prosecution ,exhibit #bij1 some files were attached which were not included in my report4 ,there are three drawings of cross-sections of these bullets which were made and handed in to the ,institute4 ,the heading is 8,poison bullet from a ,russian pistol1 calibre #g4fe0 and details about the construction of this bullet4 ,q4 ,you say that this photostatic copy of the drawings of the bullet was not part of your report4 ,how is that shown8 ,will you compare the stamps in the diary8 ,a4 ,the report which ,i handed in is dated #ab ,september #aidd1 and then the next day it was received by the ,criminal ,technical ,office1 and the receipt stamp carried the number 8,secret #ec04 ,the drawings1 however1 have a different secret journal number1 that is1 #ae-aidd4 ,if the number ,g-#ec was in ,september then1 if the distribution of letters received is assumed to be even throughout the year1 ,i should assume that the ,reich ,criminal ,police ,office received these drawings in ,march of the same year4 ,at that time ,i did not know anything about this attack1 and the experiment had not been started yet4 ,nor did ,i know any details about the possibility of such poison warfare4 ,q4 ,who was present at the execution8 ,a4 ,dr4 ,ding1 who happened to be in ,berlin and whom ,i took with me in order to support my observations2 it was he who conducted the actual medical examination4 ,i1 myself1 merely ascertained the occurrence of death4 ,also ,dr4 ,wittmann1 representing the ,criminal ,technical ,institute2 also a representative of the camp commandant1 ,i believe the adjutant2 and an ,untersturmfuehrer who performed the execution1 that is1 actually shot the people4 ,it is possible that there were others whom ,i do not remember and whose names ,i do not know4 ,q4 ,did you investigate in any way who these people were who were executed1 and by what court they had been condemned to death8 ,a4 ,i talked with the people2 they understood ,german2 they were apparently ,germans4 ,i considered them ethnic ,germans ,volksdeutsche of whom we had large numbers in ,germany at that time4 ,on the other hand1 ,i knew that in concentration camps executions were carried out1 and ,i had been told that this was an official matter and that there had to be an official representative of the camp commandant present4 ,the fact that such a representative was present at this execution was sufficient for me to assume that the matter actually was official and1 on the other hand1 ,i had no opportunity to be informed of the sentence or anything like that4 ,q4 ,then you did not see the death sentence order before it was carried out8 ,a4 ,no4 ,i did not have the opportunity because the doctor is merely called in to an execution to ascertain when death occurs1 but ,i am convinced that it was not my duty to examine the sentence order1 for ,i had nothing to do with the actual execution4 ,the order was given by the representative of the camp commandant2 someone who was attached to the commandant's office actually shot the people1 and ,i was merely there to ascertain when death occurred and to note the symptoms of poisoning1 but ,dr4 ,ding did the latter for me4 ,the official information from a high authority was sufficient proof to me for the legality of the execution4 ,q4 ,in the case of two of the five thieves1 the poison had no effect4 ,you saw the suffering of the other three from the poison2 why did you not shorten this suffering8 ,a4 ,the sight of this execution was one of the most horrible experiences of my life4 ,on the other hand1 ,i could not shorten the symptoms for in the first place there was no antidote against aconitine available4 ,if it is in the circulation1 then there is no possibility of removing it4 ,in the second place1 it was the express purpose to find out how long the symptoms of poisoning last in order in later cases to be able to use an antidote1 which it was hoped would soon be discovered4 ,q4 ,did you know that executions in ,germany can only be carried out by shooting1 by hanging1 or by beheading1 and did you not have any misgivings when this execution was carried out in a different way8 ,a4 ,i am not a jurist2 ,i do not know the methods of execution4 ,on the other hand1 ,i have already said that in my opinion the state itself has the right to determine the method of death for its citizens in wartime and doubtless has the right to determine the method of an execution4 ,here the suspicion had arisen that poison war was beginning against ,germany4 ,this seemed to be supported by the finding of poison ,russian ammunition4 ,since the investigations were carried out by the highest authorities in the ,reich1 ,i had no doubt about the juridicial admissibility upon which ,i1 as a doctor1 had no influence4 ,,presiding ,,judge ,,beals3 ,witness1 were each of these men struck by more than one bullet or only by one bullet each8 ,,defendant ,,mrugowsky3 ,each one was shot only once in the thigh2 two of these five persons were immediately killed by another shot1 because the first shot of the poison ammunition had hit the artery in the thigh and their suffering was immediately stopped2 but the others had only flesh wounds and after a certain period of time1 symptoms of poisoning appeared2 that was three people4 ,,dr4 ,,flemming3 ,did you have anything else to do with the previous history of this execution8 ,,mrugowsky3 ,no4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,prosecution ,,expert ,,witness ,,dr4 ,,andrew ,c4 ,,ivy#ae ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,servatius3 ,mr4 ,president1 ,i should like to ask your permission to put to the witness a small newspaper notice from the newspaper 8,the ,people0 of #c ,march #aidf4 ,this is an ,english newspaper4 ,regarding the defendants before the ,,imt1 the following was stated3 8,the opinion of some people is that they should be condemned very soon40 ,then it says3 8,others believe that they should be made to expiate their crimes by helping to cure cancer1 leprosy1 and tuberculosis as experimental subjects40 ,is the thought of atonement contained therein8 ,,witness ,,dr4 ,,ivy3 ,yes1 but it is expressed in a hysterical manner4 ,q4 ,yes4 ,i agree with you4 ,witness1 do you believe that if a person does not volunteer for an experiment1 the state can order such atonement8 ,a4 ,no4 ,q4 ,do you not believe that you can expect something of a prisoner that goes beyond his actual sentence if at the same time people outside prison are subject to such burdens8 ,a4 ,no4 ,those ideas were given up many years ago in the science and study of penology4 ,the primary objective of penology today is reformative1 not punitive1 not expiative4 ,q4 ,witness1 is that the recognized theory of penology throughout the whole world today8 ,a4 ,it may not be the recognized theory throughout the whole world today1 but it is the prevailing theory in the ,united ,states4 ,there is one other aspect that is quite large and essential1 and that is the protective aspect of imprisonment to protect society from a habitual criminal4 ,q4 ,witness1 if a soldier at the front is exposed to an epidemic and can be almost certain that he will catch typhus and deserts and hides behind the protecting walls of a prison1 would you not consider it justifiable if he is persuaded to volunteer for an experiment that concerns itself with typhus8 ,a4 ,will you read the question again8 ,q4 ,if a soldier deserts from the front where typhus is raging for fear that he too will contract typhus and prefers to be imprisoned in order thus to save himself1 do you think it is right for him to be persuaded while he is serving his sentence to subject himself to a typhus experiment8 ,a4 ,as a volunteer8 ,yes4 ,q4 ,i see4 ,and would you not take a step further1 if this prisoner says1 8,no1 ,i refuse1 because if ,i do this there wouldn't have been any point in my deserting2 ,i deserted in order to save myself4 ,my buddies may die but ,i would just prefer not to40 ,a4 ,the answer to that question is no4 ,q4 ,don't you admit that one can hold a different view in this matter8 ,a4 ,yes1 but ,i don't believe it could be justified4 99 99 99 99 99 ,h4 ,usefulness of the ,experiments a4 ,introduction ,both by testimony and argument the defense claimed that the medical experiments had generally been useful in furthering medical science1 that in some cases the experiments alleged as criminal had increased the speed of the progress of medical science1 and that in some cases there was no other alternative for the development of medical science except to conduct experiments on human beings4 ,the prosecution1 in addition to arguing that voluntary participation by the subject of experimentation was a prerequisite of legal experiments1 argued that the experiments turned out to be entirely useless for medical science and human progress1 and that in some cases it was doubtful if considerations of medical science played any controlling role in the decision to conduct the experiments4 ,selections from the defense argumentation have been made from the final pleas for the defendants ,becker-,freyseng and ,beiglboeck4 ,extracts from these final pleas appear below on pages #fb to #fd4 ,a part of the opening statement of the prosecution 7vol4 ,i1 p4 #cg ff47 was devoted to this topic4 ,defense evidence on the usefulness of the experiments has been selected from the direct examination of the defendants ,mrugowsky and ,rose4 ,extracts from their testimony appear below on pages #ff to #gj4 b4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,becker-,,freyseng#af 99 99 99 99 99 ,at the moment ,i consider one factor above all to be material4 ,it is the following question3 ,was everything done1 when the sea-water experiments were being planned1 to furnish all data required for establishing the necessity of the experiments8 ,and ,i think ,i can definitely answer this question in the affirmative4 ,the defense has proved the high sense of responsibility applied to the inquiry on the necessity of the sea-water experiments4 ,scientists of international reputation1 like ,professor ,dr4 ,eppinger and ,professor ,heubner1 were consulted1 and they definitely answered this question in the affirmative4 ,more cannot be expected or demanded in the way of a sense of responsibility4 ,in my opinion1 the mere fact that these scientists were asked their opinion on the issue in question shows that everything was done on the part of the ,chief of the ,medical ,service of the ,luftwaffe and his office to reach the right decision in this question4 ,with regard to the purely objective judgment of the sea-water experiments and their necessity1 ,i should like to refer to the statements made in my closing brief for ,dr4 ,becker-,freyseng4 ,at this point1 ,i should1 however1 like to add the following3 ,the prosecution has tried to make out that it was the purpose of these sea-water experiments to decide whether ,berkatit removes the salt from sea water4 ,this contention of the prosecution has in no way been proved4 ,i must stress here again1 most emphatically1 that this was never the purpose of the sea-water experiments4 ,all people concerned realized that ,berkatit does not remove the salt from sea water4 ,the question which was to be clarified and which necessitated the experiments was rather the following3 ,under the action of the vitamins contained in ,berkatit1 will the kidneys be capable of producing a urine with a higher sodium chloride concentration than is normally the case8 ,dr4 ,eppinger answered this question neither in the affirmative nor in the negative2 he stated that this question could be decided only by experiment4 ,in addition there was another question to be decided1 as to whether in case of shipwreck it would be more desirable to endure thirst1 or whether marooned fliers should be advised to drink small quantities of salt water4 ,in #aidb-aidd this question was also raised in the ,united ,states and ,england and there1 too1 human experiments were carried out4 ,but all these individual questions were only part of the great issue of how shipwrecked persons could be helped to escape the agony and danger of dying from thirst4 ,these issues were the basis for the experiments conducted in #aidd4 ,in my opinion it is not admissible to construe arbitrarily another issue today and to contend on the basis of such issue1 which never existed1 that these experiments were not necessary4 ,these medical issues alone necessitated the experiments4 ,there were other issues too1 to which ,i want to make short reference4 ,until #aidd the world lacked an agent to make sea water drinkable4 ,such an agent was an absolute necessity4 ,nobody denied even then that ,wofatit1 developed by the defendant ,schaefer1 would have been an ideal agent for this purpose4 ,it was1 however1 equally clear that this agent could only be manufactured by withdrawing the necessary raw material1 namely silver1 from other war-essential uses4 ,furthermore1 it was not denied that ,berkatit did not require critical raw materials in the same measure4 ,another circumstance to be considered was that ,berkatit could have been produced in existing plants1 whereas it would have been necessary to erect new plants for the production of ,wofatit4 ,accordingly1 these technical reasons favored the introduction of ,berkatit4 ,it can hardly be denied that it was necessary for a medical officer conscious of his responsibilities in war to consider these reasons when reaching a decision4 ,incidentally1 the expert of the prosecution1 ,professor ,ivy1 also stated that these reasons were definitely worthy of consideration4 ,accordingly it had to be clarified1 whether ,berkatit could not1 after all1 be introduced for distribution to persons facing the risk of shipwreck1 and the inquiry into this question was all the more necessary as1 according to the opinion of ,professor ,eppinger and ,professor ,heubner1 ,berkatit apparently contained vitamins which eliminated the risks incurred by human beings when drinking sea water4 ,whether the opinion of the experts1 ,heubner and ,eppinger1 was right or not1 could1 at that time as today1 only be established by experiment4 ,hence if the defendant ,dr4 ,becker-,freyseng1 who examined all these factors and applied all precautions possible1 became convinced in #aidd that the experiments could not be avoided1 and if1 from this viewpoint1 in his official capacity as a consultant 7,referent7 he reported to his highest authority at that time1 ,professor ,dr4 ,schroeder1 that he considered the experiments necessary1 then1 in my opinion1 he can in no way be charged under criminal law on that account4 ,therefore1 in my opinion1 it has been proved that ,dr4 ,becker-,freyseng considered these experiments necessary and that he was entitled to consider them necessary4 ,and this question alone can be made the basis for an inquiry into his guilt under criminal law4 ,with regard to this point1 ,i would like in conclusion to refer to the testimony of ,professor ,dr4 ,vollhardt4 ,this world-famous physician1 this research scientist1 recognized as such in international circles1 upon whom1 only a few weeks ago1 on the occasion of his #geth birthday1 the highest ,german decoration of science was bestowed1 namely the ,goethe ,medal for ,art and ,science1 a ceremony in which nearly all ,european countries1 also ,america1 joined1 stated before this high ,tribunal1 and ,i quote3 8,i regarded it as sign of a sense of responsibility that in view of the increasing number of flying accidents1 the sea-emergency question was taken up and these experiments were launched40 ,insofar1 ,i consider it proved that the planning of these experiments was in no way objectionable4 99 99 99 99 99 ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,beiglboeck#ag 99 99 99 99 99 ,even medical science on both sides had to assist warfare4 ,i have before me the index of the best known scientific ,english periodicals from the war period1 8,the ,lancet0 and 8,nature04 ,now1 after the war1 ,general ,t4 ,j4 ,betts of the ,united ,states ,war ,department and ,professor ,w4 ,t4 ,sinsteat of the ,british ,supply ,office declared that the captured ,german scientific results accomplished during the war were of the greatest use for the economic progress of ,british and ,american industry4 ,even the terrible freezing experiments of ,dr4 ,rascher proved to be of greatest use for ,america in the war against ,japan4 7,becker-,freyseng #ca1 ,becker-,freyseng ,ex4 #ah47 c4 ,evidence ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,becker-,freyseng ,becker-,freyseng ,extracts from ,harper's #fe #ca ,ex4 #ah ,magazine entitled 8,secrets by the ,thousand0 by ,c4 ,lester ,walker4 ,testimony ,extract from the testimony of defendant ,mrugowsky #ff ,extracts from the testimony of defendant ,rose #fi ,,becker-,,freyseng ,,document #ca ,,becker-,,freyseng ,,defense ,,exhibit #ah ,,extracts ,,from ,,harper',s ,,magazine ,,entitled 8,,secrets ,,by ,,the ,,thousand0 ,,by ,c4 ,,lester ,,walker ,someone wrote to ,wright ,field recently saying he understood this country had got together quite a collection of enemy war secrets1 that many were now on public sale1 and could he1 please1 be sent everything on ,german jet engines4 ,the ,air ,documents ,division of the ,army ,air ,force answered3 8,sorry--but that would be fifty tons40 ,moreover1 that fifty tons was just a small portion of what is today undoubtedly the biggest collection of captured enemy war secrets ever assembled4 ,if you always thought of war secrets--as who hasn't--as coming in sixes and sevens1 as a few items of information readily handed on to the properly interested authorities1 it may interest you to learn that the war secrets in this collection run into the thousands1 that the mass of documents is mountainous1 and that there has never before been anything quite comparable to it4 99 99 99 99 99 ,one ,washington official has called it 8the greatest single source of this type of material in the world--the first orderly exploitation of an entire country's brainpower04 ,how the collection came to be goes back1 for beginnings1 to one day in #aidd when the ,allied ,combined ,chiefs of ,staff set in motion a colossal search for war secrets in occupied ,german territory4 ,they created a group of military-civilian teams1 termed the ,joint ,intelligence ,objectives ,committee1 which was to follow the invading armies into ,germany and uncover all her military1 scientific1 and industrial secrets for early use against ,japan4 ,these teams worked against time to get the most vital information before it was destroyed1 and in getting it performed prodigies of ingenuity and tenacity4 99 99 99 99 99 ,,iii ,in matters of food1 medicine1 and branches of the military art1 the finds of the search teams were no less impressive4 ,and in aeronautics and guided missiles they proved to be downright alarming4 99 99 99 99 99 8,as for medical secrets in this collection01 one ,army surgeon has remarked1 8some of them will save ,american medicine years of research2 some of them are revolutionary--like1 for instance1 the ,german technique of treatment after prolonged and usually fatal exposure to cold40 ,this discovery--revealed to us by ,major ,alexander's search already mentioned--reversed everything medical science thought about the subject4 ,in every one of the dread experiments the subjects were most successfully revived1 both temporarily and permanently1 by immediate immersion in hot water4 ,in two cases of complete standstill of heart and cessation of respiration1 a hot bath at #abb brought both subjects back to life4 ,before our war with ,japan ended1 this method was adopted as the treatment for use by all ,american ,air-,sea ,rescue ,services1 and it is generally accepted by medicine today4 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,mrugowsky#ah ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,flemming3 ,i further submit an excerpt from the testimony of ,generalarzt ,dr4 ,schreiber which he made on #bf ,august #aidf before the ,international ,military ,tribunal4 ,this can be found in the transcript of the ,international ,military ,tribunal for that date4 ,this is ,mrugowsky ,document #bg4 ,i offer it as ,mrugowsky ,exhibit #de4 ,answering the question1 8,what scientific value did the experiments typhus experiments in ,buchenwald of the specialist ,ding have08 ,generalarzt ,dr4 ,schreiber answered1 8,in my opinion they had no scientific value at all because during the war we had already gained much experience and collected a great deal of data in this field4 ,we were thoroughly acquainted with the composition and qualities of our vaccine and no such tests were required any longer4 ,many of the vaccines examined by ,ding were not used any more at all and were rejected40 ,would you define your position to that statement8 ,,defendant ,,mrugowsky3 ,i do not know how ,schreiber could have expressed that opinion1 nor do ,i know whether he is in possession of full knowledge of the results of this work4 ,i never discussed this question with him and ,i therefore cannot examine it4 ,this much is clear1 however1 that ,schreiber is speaking of a later period of time1 for the vaccines that were no longer produced were not produced because the experiments of ,ding had proved their inferiority4 ,the epidemiological examination of the various vaccines during the war only originates from a later period1 in particular the years #aidc and #aidd4 ,the exploitation of these experiences only originates from the last years of the war and it is1 therefore1 my opinion that this testimony of ,schreiber is incorrect4 ,q4 ,i am interrupting you and ,i shall have ,handloser ,exhibit #ad shown to you4 ,we are here concerned with an excerpt of a scientific thesis by ,geheimrat ,otto4 ,do you know ,geheimrat ,otto8 ,a4 ,yes1 ,i know ,geheimrat ,otto4 ,he is probably the best typhus expert not only in ,germany but in ,europe1 who has dealt with typhus all his life4 ,q4 ,from this excerpt you will see that ,geheimrat ,otto says1 still in #aidc3 8,while the efficacy of lice vaccines has already been tested on a large scale in ,poland1 ,ethiopia1 and ,china1 and the vaccine has proved its value1 it is still necessary to gather large-scale practical experiences with lung and vitelline membrane vaccines4 ,in animal experiments they have proved of equal value with the former40 ,would you say something on that8 ,a4 ,professor ,otto says here that even in the year #aidc the vitelline membrane vaccine and the vaccines from lungs of animals were not sufficiently known4 ,that confirms what ,i have just testified and that is in answer to ,dr4 ,schreiber's statement4 ,q4 ,the witness ,bernhard ,schmidt1 who was interrogated here1 stated that human experiments were superfluous for the purpose of testing vaccines and that the value of the individual typhus vaccines could have been ascertained in an epidemiological way4 ,what is your opinion in that connection8 ,a4 ,this is my opinion also4 ,it is my opinion that these tests could have been carried out in an epidemiological manner4 ,i represented that point of view before ,grawitz and ,himmler from the very beginning4 ,q4 ,you stated yesterday that to test this matter in an epidemiological way1 a large number of persons would have had to be vaccinated and compared with a large number of persons who were not vaccinated4 ,would such a long experiment have been possible considering the circumstances prevailing during the war8 ,a4 ,such a test would have been possible4 ,it was actually introduced by me within the framework of the ministry4 ,it is a matter of course1 however1 that the results can only be collected at a very late date and can only be exploited at a much later date4 ,in the case of the entire experiment we were concerned with bridging over this space of time4 ,q4 ,in carrying out this examination one could have found that one vaccine has only a very small effectiveness1 as was actually found out in the case of the ,behring vaccine4 ,in that case would you say that the mortality of persons vaccinated with the inferior vaccine would have been much greater than the entire amount of fatalities as they occurred in ,buchenwald8 ,you know that the statement regarding the fatality figures fluctuated between #ajj and #abj4 ,a4 ,that could be assumed to be the case with certainty4 ,a comparison is the manner in which all tests are carried out in this field4 ,i shall give you a few examples for that4 ,when ,emil von ,behring in the year #ahij discovered the diphtheria serum1 it was at first used by a physician of the ,berlin ,charit in the case of diphtheria-infected children4 ,he treated about #a1bjj children suffering from diphtheria with that serum4 ,he registered a mortality rate in the case of these children1 in spite of the treatment1 of approximately #bb percent4 ,just as many children did not receive the serum but were treated in a different manner4 ,in this group the mortality rate was double1 approximately #dd percent4 ,these #bdj or #bej children who died1 and who were in that control group could certainly have been saved if they had been given the blessing of that diphtheria serum4 ,but that was in reality the purpose of that test and one had to take into account that a larger ratio of fatalities would result in the group to be compared and that then the value of the serum would be recognized4 ,q4 ,i think that this example will suffice4 ,in that case you are really admitting that an objection against experiments in ,buchenwald could not be justified8 ,a4 ,during the war ,i did not work on any disease as ardently as on typhus4 ,i treated thousands of patients who fell ill with typhus and examined them4 ,i believe that in the case of such an experience one gains some knowledge of the disease4 ,i often considered that question and ,i hold the opinion that my objection at the time was perhaps not justified by events4 ,on the other hand1 it is my opinion that in the case of every task one has to keep the question in mind whether one is in a position to execute that task4 ,i must admit even today that in spite of the success of the experiments1 which cannot be denied1 ,i would act similarly in yet another position and would assume the same attitude as ,i assumed at that time4 ,even today ,i would not be prepared to carry out any such experiments personally or have them carried out upon my responsibility1 although success undoubtedly would come about4 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#ai ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,fritz3 ,what do you know about the reasons for this protest 7against experiments7 being ignored and the typhus experiments being carried out in spite of it8 99 99 99 99 99 ,,defendant ,,rose3 ,the ,buchenwald experiments 7with typhus vaccine7 had four main results4 ,first of all1 they showed that belief in the protective effect of ,weigl vaccine was a mistake1 although this belief seemed to be based on long observation4 ,secondly1 they showed that the useful vaccines did not protect against infection1 but almost certainly prevented death1 under the conditions of the ,buchenwald experiments4 ,thirdly1 they showed that the objections of the biological experts to the vitelline membrane vaccines and to the lice vaccines were unjustified1 and that vitelline membrane1 rabbit lungs1 and lice intestines were of equal value4 ,we learned this only through the ,buchenwald experiments4 ,this left the way open to mass production of typhus vaccines4 ,the ,buchenwald experiments showed in time that several vaccines were useless4 ,first1 the process according to ,otto and ,wohlrab1 the process according to ,cox1 the process of ,rickettsia ,prowazeki and ,rickettsia murina1 that is1 vaccine from egg cultures2 secondly1 the vaccines of the ,behring works which were produced according to the ,otto process1 but with other concentrations2 finally the ,ipsen vaccines from mouse liver4 ,the vaccines of the ,behring works were in actual use at that time in thousands of doses4 ,they always represented a danger to health4 ,without these experiments the vaccines1 which were recognized as useless1 would have been produced in large quantities because they all had one thing in common3 their technical production was much simpler and cheaper than that of the useful vaccines4 ,in any case1 one thing is certain1 that the victims of this ,buchenwald typhus test did not suffer in vain and did not die in vain4 ,there was only one choice1 the sacrifice of human lives1 of persons determined for that purpose1 or to let things run their course1 to endanger the lives of innumerable human beings who would be selected not by the ,reich ,criminal ,police ,office but by blind fate4 ,how many people were sacrificed we cannot figure out today2 how many people were saved by these experiments we1 of course1 cannot prove4 ,the individual who owes his life to these experiments does not know it1 and he perhaps is one of the accusers of the doctors who assumed this difficult task4 ,i4 ,medical ,ethics #a4 ,,general ,,principles a4 ,introduction ,in a case involving the charge that human beings were subjected to medical experiments of many kinds under varying circumstances1 it was inevitable that questions of medical ethics became a part of the proof and the argumentation4 ,the prosecution's rejoinder to the statement of the defendant ,rose appears on page #ga4 ,as illustrations of the defense position on medical ethics1 extracts have been taken from the final pleas for the defendants ,gebhardt and ,beiglboeck4 ,these appear on pages #ga to #gg4 ,considerable testimony was given on this question by defendants and by expert witnesses1 and appears on pages #gg to #hf4 ,selections from this testimony have been taken from the direct examination of the defendant ,rose1 the cross-examination of the prosecution witness ,professor ,werner ,leibbrandt1 and from the direct examination of the prosecution witness ,dr4 ,andrew ,c4 ,ivy4 ,the judgment of the ,tribunal deals at some length with the medical ethics applicable to experimentation on human beings 7p4 #aha ff474 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#bj 99 99 99 99 99 ,in view of the clear and unequivocal proof of the defendant ,rose's participation in the typhus murders of ,buchenwald he can only plead that he didn't enjoy doing what he did1 that he objected to the experiments at the ,third ,meeting of the ,consulting ,physicians of the ,wehrmacht in ,may #aidc4 ,but this is his condemnation1 not his salvation4 ,in ,march #aidb he was in ,buchenwald and saw what was being done4 ,in ,may of the same year he asked ,mrugowsky to test a vaccine for him in those experiments4 ,four inmates were killed as a result4 ,in ,may #aidc1 he objected to the experiments in what he describes as strong terms4 ,but in ,december1 he was again instigating still another experiment which resulted in the murder of six men4 ,he is a living example of a man who could have abstained from participating in these crimes without threat of harm to his person or position by any agency of the ,nazi ,government4 ,he was not arrested and tried by the ,,ss because of his objection4 ,he was not committed to a concentration camp4 ,in spite of that1 he voluntarily participated in these same crimes to which he said he objected4 ,with his knowledge1 prestige1 and position1 he is even more culpable than the miserable and inexperienced ,ding who actually performed the experiments in the murder wards of ,buchenwald4 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#ba 99 99 99 99 99 ,the ,principles of ,medical ,ethics and the ,applicable ,law ,during the hearing of evidence1 views were repeatedly given on the question of which principles of medical ethics are to be considered when performing experiments on human beings4 ,in my opening statement before the evidence was submitted ,i pointed out that in the case of these defendants there is no reason to examine fundamental questions of medical ethics in these proceedings4 ,law and ethics are measured by different standards which sometimes contradict each other4 ,the same applies to the principles of general ethics as well as to those of a particular profession4 ,a deed offending the recognized principles of medical ethics does not necessarily constitute a crime4 ,only the cogent precepts of the law can be used as the basis for a verdict1 and not the unwritten regulations and convictions existing inside a profession4 ,however1 it cannot be concluded from this that the principles of medical ethics and their practical application were of no importance at all in these proceedings4 ,these principles cannot1 of course1 be applied directly4 ,at the same time there is no doubt that the principles of medical ethics and above all their practical application in recent decades can play an indirect part insofar as they have to be taken into consideration when interpreting the law4 ,however1 evidence has now proved that in recent decades and even earlier1 numerous experiments were carried out on human beings1 and1 moreover1 on persons who did not volunteer for such purpose4 ,in this respect ,i refer to the statements of the expert ,professor ,dr4 ,leibbrandt1 witness for the prosecution4 ,i furthermore refer to the extensive evidence submitted by the prosecution on this question from which it appears that in numerous cases experiments were carried out on human beings1 of the nature and degree of danger of which they could not have been aware and to which they would never have agreed voluntarily4 ,the only conclusion which can be drawn from these facts is that during recent decades views on this question have changed in the same way as the relations between the individual and the community in general have changed4 ,in this connection ,i need not give the detailed reasons which led to this development4 ,it is a fact that1 at least in ,europe1 the state and the community have taken a different attitude toward the individual4 ,however differently one may write about the change in these relations in detail1 one thing is certain1 namely1 that the state has more and more taken possession of the individual and limited his personal freedom4 ,this is evidently one of the accompanying facts of technics and the modern mass-state4 ,it must be added that the development of medicine in the course of the last decades has led to discriminating formulations of questions which can no longer be solved by means of the laboratory and animal experiments4 ,the evidence has shown that not only in ,germany and perhaps not even primarily in this country1 the reorganization of the relationship between community and individual has resulted in new methods in the sphere of medical science4 ,in nearly all countries experiments have been performed on human beings under conditions which entirely exclude volunteering in a legal sense4 ,immediate consequences arise for the interpretation of the law from this change of medical views and above all from the change in medical practice1 since the essence of the law is universal and abstract and naturally does not state the limits and the conditions under which experiments on human beings are permissible and the borderline of the criminality of such an experiment4 ,the real practice regarding this question is all the more important for the interpretation of the law since almost every law1 including ,control ,council ,law ,no4 #aj1 contains standard rudiments of case facts1 which means that determination in a particular case can only be the outcome of a judicial judgment4 ,no special proof is needed to show that the question when and within what limits medical experiments are admissible calls for a judicial judgment1 and that this cannot be established without taking practical experience into consideration1 not only in ,germany but also outside ,germany4 ,the standard rudiments of case facts are part of the legal facts and deal with illegality as characteristic of the punishable act4 ,actual medical practice inside and outside ,germany1 however1 has not only to be considered when examining the question as to whether the actions constituting the subject of the indictment are illegal1 but above all it is fundamentally important when answering the further question as to whether the actions constituting the subject of this procedure constitute a criminal offense4 ,in view of the fact that a criminal offense is not likely to be a permanent psychological fact but a standard computed fact in the sense of a personal reproach1 the ,court for this reason also will not overlook the fact that particularly during the last years1 even outside ,germany1 medical experiments were performed on human beings who undoubtedly did not volunteer for these experiments4 ,the unity of law and the indivisibility of its basic idea exclude judging one and the same fact simultaneously according to different legal principles and standards4 ,i shall comment later on the question of whether the defendants in the performance of the experiments which constitute the indictment acted primarily in their capacity as physicians1 or whether their conduct--if a just decision is to be rendered--must no longer be regarded from the viewpoint of war service as medically trained research scientists4 99 99 99 99 99 ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,beiglboeck#bb 99 99 99 99 99 ,if one confronts the doctor with that type of scientist who1 with the test tube in his laboratory1 with the syringe or the surgical knife in his hand1 steps on animal and human corpses1 in order so fanatically to satisfy his scientific instinct1 then we very decidedly object to such a scientist4 ,we have found this type in the documents of this trial in the person of ,dr4 ,rascher1 whose name casts a dark shadow over the proceedings4 ,dr4 ,leibbrandt1 the protector of medical ethics1 would therefore have rendered a good service to ,german science if1 in his capacity as a psychiatrist1 we had pointed out that ,rascher1 this sadist and psychopathist1 had nothing whatsoever to do with real science4 ,it is my duty as a defense counsel to emphasize energetically that it is not permissible to construct from local coincidences any connection between my client and ,rascher and his system4 ,the scientific research worker sees his task in the discovery of the unknown in order to equip the doctor with new weapons in his fight for human life4 ,i briefly want to demonstrate with two examples why the modern medical profession cannot renounce the scientific research work that was impossible without great efforts and sacrifices 7#a7 giving a brief description of the development of modern surgery2 7#b7 mentioning the school to which the defendant ,beiglboeck belonged as a pupil and a teacher4 ,i do not give this second example in order to glorify my country1 but because the particular influence of its teachers is decisive for the spiritual standard of the personality4 ,at the beginning of modern surgery stands that mighty figure of ,english surgery1 ,joseph ,lister1 whose great idea it was that the surgeon should not fight the inflammation of the wound but should prevent its cause1 i4e41 germs entering externally4 ,thanks to bacteriology1 anti-sepsis was changed into asepsis4 ,over the entrance gate of the ,general ,hospital in ,vienna we read the words 8,saluti et solatio aegrorum--,dedicated to the health and consolation of the sick40 ,these words not only demand the highest accomplishment of the doctor's duties but are the motive for the most successful work in the large field of medical research4 ,theory and practice joined together in order to become a piece of living humanity4 ,i would go beyond the limits of my task if ,i mentioned all the names that spread the glory of ,vienna ,university throughout the world4 ,but their penetration into the world of the unknown was always a hazardous enterprise which demanded courage and sacrifice4 ,i want to quote the words of one of the great doctors1 ,professor ,wagner-,jauregg1 who says in his book 8,fever and ,infection ,therapy01 8,the vaccination against malaria was certainly a risk1 the outcome of which could not be foreseen4 ,it was dangerous for the patient himself and this to a much higher degree than the treatment with tuberculin and other vaccines1 and it also was a danger for the surroundings and even for the community40 ,and1 on page #acf1 it states 8,three patients died after having been vaccinated with blood infected with malaria tropica and not with malaria tertiana02 and 8,the tragic outcome of this experiment was discouraging1 and only a year later could the author decide to proceed with the malaria vaccinations 99 99 9940 ,nobody talks of these victims today1 but ,wagner-,jauregg's revolutionary discovery is known and adopted throughout the world and has become the common property of all peoples for the benefit of suffering mankind4 ,these doctors who knew that the fight against disease and death was a thorny path were all more than ready to sacrifice their own lives4 ,the real scientist and the real doctor1 therefore1 do not oppose each other4 ,however1 the scientist must not forget that nature is the expression of the divine will and that only this cognition can save him from the 8hybris01 the boundlessness which for the ,greek tragedians was the greatest vice of mankind4 ,above all1 the words of the greatest ,german physician1 ,theophrastus ,bombastus von ,hohenheim1 called ,paracelsus1 must be applied to both scientist and doctor 8,the doctor grows with his heart1 he comes from ,god and is enlightened by ,nature--the best of all drugs is ,love40 ,my learned colleagues have compiled a long list of documents on human experiments especially from the ,western democracies4 ,it would be unjust1 however1 to conceal the enormous benefit of the human experiment4 ,the fact that ,paul ,ehrlich dared to release his drug 8,salvarsan0 before it had been sufficiently tested saved thousands from the dangerous consequences of one of the worst epidemics4 ,the fact that ,strong took the responsibility upon himself to perform the probably very dangerous experiment with plague bacilli made it possible to vaccinate thousands of persons and to save them from almost certain death4 ,the fact that ,strong was in a position to prove that beri-beri was a disease caused by a deficiency1 and that ,goldberger proved the same for pellagra1 made it possible to fight this deficiency and to liberate entire countries from one of their worst diseases4 ,with regard to the criminal law1 however1 and the judgment of crimes against humanity1 it is the decisive result that in other countries1 too1 under their own generally prevailing medical and ethical convictions1 doctors carried out similar or the same experiments for the benefit of scientific research or in consideration of a crisis in their country4 ,when ,i said that the surroundings had an influence on the doctor's attitude1 ,i did not mean the second determining factor of our individuality1 the material influence on the organism which might modify or mitigate the influence of the actual conditions at the time upon the decisions of a physician4 ,concentration camp1 militarism1 and peoples' court--three important pillars of the ,third ,reich--they have collapsed4 ,they are not to be forgotten1 however1 when examining the guilt of the individual4 ,every ,german had to fear them in one form or another4 ,and then came the war4 ,war was once called 8the steel bath of the peoples04 ,heraklit called it 8the father of all things04 ,i can only repeat the judgment of the ,,imt that 8war is the evil itself40 ,this is true to the highest degree for the last war4 ,it was a total1 a terrible war4 ,even medical science on both sides had to assist warfare4 ,i have before me the index of the best known scientific ,english periodicals from the war period1 8,lancet0 and 8,nature04 ,now1 after the war1 ,general ,t4 ,j4 ,betts of the ,united ,states ,war ,department and ,professor ,w4 ,t4 ,sinsteat of the ,british ,supply ,office have declared that the captured ,german scientific accomplishments during the war were of the greatest use for the economic progress of ,british and ,american industry4 ,even the terrible freezing experiments of ,dr4 ,rascher proved to be of the greatest use for ,america in the war against ,japan4 7,becker-,freyseng #ca1 ,becker-,freyseng ,ex4 #ah47 ,and what about us soldiers8 ,we stood in the air-raid shelters1 the ,socialist beside the ,party member4 ,we did not complain4 ,we saw villages go up in flames1 innocent women and children become the victims of air raids4 ,we saw our country1 the ,fatherland1 in distress1 and1 even if we hated ,hitler and his followers like the plague1 we believed that we had to fulfill our duty to our country to the bitter end4 ,one cannot explain these things1 they have to be experienced4 ,in such times a doctor is placed unwillingly between ,scylla and ,charybdis1 between his concept of his profession and his duty as a soldier4 ,it is easy today to say with pathos from an academic chair 8numquam nocere60 ,a man does not say now1 8,i was a member of the resistance4 ,day in and day out ,i was trying to help persons who were racially and politically persecuted40 ,he says1 8,then1 like everyone else1 ,i merely did my duty40 ,abraham ,lincoln1 one of the greatest ,americans1 said in a speech before the ,american ,congress in #ahfb1 8,the dogmas of the quiet past are inadequate to the stormy present4 99 99 99 ,in the face of new events we must think and act in a new way40 ,with this ,i intend to conclude my statements about medical ethics and to repeat the words which ,liek wrote at the end of his book1 8,the ,doctor and ,his ,mission01 8,if we want to abolish undesirable conditions in medicine1 we must follow our conscience--to help and to heal1 that is1 today as always1 the mission of the doctor40 99 99 99 99 99 d4 ,evidence ,testimony ,page ,extracts from the testimony of defendant ,rose #gg ,extracts from the testimony of prosecution witness ,professor #hj ,werner ,leibbrand ,extracts from the testimony of prosecution expert witness ,dr4 #hb ,andrew ,c4 ,ivy ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#bc ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,fritz3 ,you heard the lecture which ,dr4 ,ding gave on his experiments at the ,third ,conference of ,consulting ,physicians in the ,section for ,hygiene and ,tropical ,hygiene8 ,,defendant ,,rose3 ,yes4 ,that was the time when ,i protested openly against this whole method4 ,q4 ,well1 what happened8 ,a4 ,dr4 ,ding gave his lecture in a camouflaged form as in his article for the ,journal of ,hygiene and ,infectious ,diseases4 ,therefore1 the unsuspecting listener could not tell that it was about experiments on human beings4 ,when the discussion began1 ,i commented on the results of these experiments4 ,that part of my statement is contained in the record of the conference4 ,it is ,document ,rose #ch1 which has already been submitted4 7,rose #ch1 ,rose ,ex4 #aj47 ,i do not intend to read these remarks1 ,i simply want to point out that one can find there what ,i said about the technical aspect of the experiments and about the results4 ,then ,i spoke of the ethical side of the whole thing and this part of my statement has been stricken from the record4 ,i cannot1 of course1 reproduce today the exact wording but only the sense of what ,i said4 ,i said more or less as follows3 ,as important and as basic as the results may have been1 they were nevertheless achieved at the cost of a number of human lives4 ,we as hygienists should object against a life and death experiment being performed as the prerequisite for the introduction of a vaccine4 ,so far1 the customary procedure had been the testing with animal experiments and subsequent determination of tolerance by human beings and epidemiological exploitation4 ,this procedure had proved its value4 ,we had to stick to it and we couldn't let other political and state authorities force us to conduct human experiments4 ,i spoke much longer at the time4 ,i spoke for at least ten minutes4 ,ding replied that he could pacify my conscience4 ,the experimental subjects had been criminals condemned to death4 ,my answer was3 ,i knew that myself4 ,i was not interested in the individuals concerned but in the principle of human experiments in testing vaccines4 ,at this comment ,professor ,schreiber interrupted the discussion4 ,he said he protested against my criticism and if we wanted to discuss basic ethical questions we could do that during the recess4 ,he would have this part of the discussion stricken from the record and that was done4 ,after the meeting various participants came to me and we discussed the whole matter4 ,some agreed with me2 others were convinced that in such an important question human experiments were justified4 ,of course1 those people who sic believed ,ding's assurance that the subjects were criminals condemned to death4 ,i no longer remember the individual men with whom ,i talked during the recess and ,i don't know who was in favor and who was against it4 ,the only one ,i remember is ,professor ,mrugowsky because he spoke as an ,,ss member and the experiments had been conducted by an ,,ss doctor1 and because ,i thought that ,mrugowsky was ,ding's superior in every way4 ,of course1 ,i remember that ,mrugowsky of all people came and said that1 in principle1 he agreed with me1 and that he had expressed similar misgivings to ,grawitz and that ,grawitz had rejected his misgivings4 ,then ,i also learned from ,mrugowsky that ,himmler was behind all these experiments4 99 99 99 99 99 ,,dr4 ,,fritz3 ,did you later discuss the matter of experiments on human beings before a large group of people8 ,,defendant ,,rose3 ,yes4 ,that happened once again before a large number of people1 but it was not about typhus experiments4 ,it must have been about ,october #aidd4 ,the question at hand then was grippe4 ,there was a meeting1 a rather large meeting at which grippe vaccine was discussed4 ,a number of people reported on the vaccines which they had developed in the laboratory4 ,among others1 ,professor ,herzberg reported on a vaccine made from dead grippe virus1 and ,professor ,haagen on a vaccine made from living avirulent grippe virus1 which he had already tested on personnel at the ,strasbourg clinic4 ,someone in the meeting1 ,i don't remember who1 suggested that the ,haagen tests had been insufficient1 and that this vaccine should be tested on a larger number of persons4 ,there was no mention of concentration camps then but of student companies4 ,i had considerable misgivings about such experimental vaccination and expressed them4 ,i said that ,i considered the experimental basis inadequate for these vaccines to be used on human beings4 ,i was not convinced that the virus had been sufficiently attenuated4 ,there was a danger that the vaccine would lead to infection1 and one could not take that responsibility on one's self4 ,it was first of all intended to observe the effectiveness of the protection by determining whether people fell ill of grippe in natural ways after being vaccinated4 ,then someone else made the suggestion that this would take too long1 and we did not know whether there would be an influenza epidemic during that time1 and that therefore after the vaccines the subject should be infected with a virulent virus4 ,since ,i had already expressed objections to the vaccination1 ,i opposed this proposal even more strongly1 and the result of this discussion was that infections were not carried out1 but it was decided to carry out the vaccination4 ,whether these vaccinations were carried out or not1 ,i do not know4 ,at any rate ,i read no order to the effect that anyone should perform the vaccinations nor did ,i ever read a report that the vaccinations were carried out4 ,only later on in imprisonment did ,i hear that similar experiments1 such as were then discussed1 and of which ,i disapproved1 were carried out by the ,british ,medical ,service on ,german ,,pw's4 ,genzken probably participated personally in this1 but ,i had heard about this before in the internment hospital ,karlsruhe where there were people who had experienced these vaccinations4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,professor ,,werner ,,leibbrandt#bd 99 99 99 99 99 ,,cross-,,examination ,,dr4 ,,servatius3 ,witness1 you stated that the performance of experiments on human beings1 as is the subject of the indictment here1 can be ascribed to biological thought4 ,what do you mean by biological thought8 ,,witness ,,leibbrandt3 ,by biological thought ,i mean the attitude of a physician who does not take the subject into consideration at all1 but for whom the patient has become a mere object1 so that the human relationship no longer exists1 and a man becomes a mere object like a mail package4 ,q4 ,you spoke of thinking as a biologist4 ,do ,i understand that you see therein an action belonging to biological thought8 ,a4 ,an exaggeration of the purely mechanical or biological point of view1 because the physician is not merely a biologist1 he is also a biologist4 ,primarily1 however1 a physician is a man who assists the human being and not a scientific judge of biological events4 ,q4 ,could there not be other causes for the experiments1 such as a collective state thinking8 ,a4 ,yes4 ,q4 ,witness1 you used the expression 8demoniac order04 ,what do you mean by that8 ,a4 ,by demoniac order ,i mean the following3 ,if ,i define as a basis for medical activity merely the maintenance and safeguarding of the substance of the nation according to blood1 the result is that everything which falls outside this pretense has to be cleared away4 ,that is a mild expression of what actually happened1 namely1 extermination4 ,q4 ,then your demoniac order only refers to the blood aspect4 ,could it not be applied to the purely state collective aspect as well8 ,a4 ,could you give an example so that ,i can understand it better8 ,q4 ,i mean that experiments were undertaken and that the voluntary act of the individual is replaced by the act of the state1 namely1 by the voluntary approval given by the state4 ,a4 ,between the collective idea and the state order on the one hand and the medical individual on the other1 there stands something rather important--the human conscience4 99 99 99 99 99 ,q4 ,professor1 if all these experiments were actually conducted1 and also as you said this morning and as ,moll's book shows1 ,moll alone published approximately six hundred works about thousands of such experiments 7on human beings71 must one not say that wide circles of medical men judge the question of experiments on human beings under certain conditions differently from you--from an ethical point of view8 ,a4 ,that ,i cannot say1 because even ,moll writes at the end of this work that it is part of a physician's morals to restrain his urge for natural research in favor of the basic medical attitude as laid down in the oath of ,hippocrates1 namely1 to cause no arbitrary harm to his patient4 ,q4 ,but in your opinion1 ,professor1 how should a doctor work in the interest of suffering humanity in cases where1 as you have just said1 there is no possibility of experiments on animals8 ,a4 ,the concept of humanity is a very dangerous concept4 ,it is most dangerous of all for the physician4 ,for the physician1 the individual stands above all humanity and the individual unfortunately has sunk very low in these last few years4 ,q4 ,i believe that you have not quite answered my question4 ,i asked3 ,how do you think the doctor should solve certain questions even in the interest of the individual--questions which cannot be tested with animal experiments and test tubes1 as is the case with malaria for instance4 ,this is a problem which must be cleared up if he is to help his suffering patients4 ,a4 ,that is naturally a very difficult question4 ,but in the end the main thing will always be that a risk must have certain limits4 ,q4 ,thank you4 ,now ,i come to another point4 ,this morning1 ,professor1 you expressed disapproval about a book which the defendant ,mrugowsky wrote on medical ethics4 ,may ,i ask1 have you read this book8 ,a4 ,yes4 ,q4 ,do you know ,mrugowsky personally8 ,a4 ,no4 ,q4 ,then you do not know his ethical point of view8 ,a4 ,i said that it was quite an ironical joke of world history for someone to quote the high medical ethics of ,hufeland in the form of excerpts from his writings1 as far as ,i remember1 with a few connecting words and to combine these quotations in a modest little volume1 while on the other hand we now know how it was entangled organizationally with the deeds under discussion here4 ,i am only speaking about the entanglement and not about the objective guilt which has not yet been proved4 ,q4 ,and from where else do you infer ,mrugowsky's entanglement with the facts under discussion here1 apart from the fact that he is one of the defendants indicted8 ,a4 ,after all1 he was the ,chief of the ,,ss ,hygienic ,system1 and the medical principles of an ethical nature personified by the ,,ss have become clear to me during the last few years4 ,there seems to me to be a large gap between these two things1 between these deeds of ,,ss medical ethics and the ethics of ,hufeland4 ,i might perhaps understand how a man like ,mr4 ,haubhold could be enthusiastic about a one-sided interpretation of political medicine by ,josef ,peter ,frank in the #ahth century4 ,but ,i cannot understand how the ,,ss ethics can be connected up with the honest ethics of ,christian ,hufeland4 ,q4 ,professor1 you just told us you do not know ,mrugowsky at all8 ,a4 ,no4 ,q4 ,then how can you express a judgment on his personal ethical attitude8 ,you are merely judging from the fact that he belonged to the ,,ss4 ,before you express such an opinion as you are doing1 before you talk about a joke of world history1 must you not first know the personal attitude of the person you are criticizing1 and is it not quite possible that his personal attitude was such as is expressed in this book8 ,a4 ,i don't believe that one can hold a leading position in the ,,ss and then talk about such personal ethics1 unless1 of course1 in ethical questions one does what is called double bookkeeping4 ,q4 ,but you admit that all your criticism is pure assumption1 in no way based on personal knowledge of the person criticized8 ,a4 ,i do not know ,mr4 ,mrugowsky4 ,q4 ,thank you4 ,i have no more questions4 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,expert ,,witness ,,dr4 ,,andrew ,c4 ,,ivy#be ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,now1 ,professor ,ivy1 before adjournment you were beginning to discuss medical ethics in the ,united ,states4 99 99 99 99 99 ,do you have there also the principles and rules as set forth by the ,american ,medical ,association to be followed8 ,,witness ,,dr4 ,,ivy3 ,yes4 ,q4 ,what was the basis on which the ,american ,medical ,association adopted those rules8 ,a4 ,i submitted to them a report of certain experiments which had been performed on human subjects along with my conclusions as to what the principles of ethics should be for use of human beings as subjects in medical experiments4 ,i asked the association to give me a statement regarding the principles of medical ethics and what the ,american ,medical ,association had to say regarding the use of human beings as subjects in medical experiments4 ,q4 ,would you kindly pass up to me that ruling of the principles put out by the ,american ,medical ,association8 ,this apparently isn't what ,i am referring to1 ,doctor4 ,do you have a publication which is published by the ,american ,medical ,association entitled 8,principles of ,ethics ,concerning ,experimentation on ,human ,beings08 ,a4 ,not with me here4 ,q4 ,well now1 you have1 first of all1 a basic requirement for experimentation on human beings1 87#a7 the voluntary consent of the individual upon whom the experiment is to be performed must be obtained40 ,a4 ,yes4 ,q4 87#b7 ,the danger of each experiment must be previously investigated by animal experimentation10 and 87#c7 the experiment must be performed under proper medical protection and management40 ,now1 does that purport to be the principles upon which all physicians and scientists guide themselves before they resort to medical experimentation on human beings in the ,united ,states8 ,a4 ,yes4 ,they represent the basic principles approved by the ,american ,medical ,association for the use of human beings as subjects in medical experiments4 ,,judge ,,sebring3 ,how do the principles which you have just enunciated comport with the principles of the medical profession over the civilized world generally8 ,a4 ,they are identical1 according to my information4 ,it was with that idea in mind that ,i cited the principles which were mentioned in this circular letter from the ,reich ,minister of the ,interior dated #bh ,february #aica to indicate that the ethical principles for the use of human beings as subjects in medical experiments in ,germany in #aica were similar to those which ,i have enunciated and which have been approved by the ,house of ,delegates of the ,american ,medical ,association4 ,,mr4 ,,hardy3 ,is it possible that in some field of scientific research investigation by animal experimentation would be inadequate8 ,a4 ,will you repeat that question8 ,i did not get it4 ,q4 ,is it possible in some fields of medical research that experimentation or investigation on animals would be inadequate8 ,a4 ,yes4 ,the experiment on trench fever is a very good example4 ,q4 ,how would you investigate the danger of the experiment prior to resorting to the use of human beings8 ,a4 ,the hazard would have to be determined by a careful study of the natural history of the disease4 ,q4 ,does malaria also fall into that category8 ,a4 ,we can use animals to some extent in malarial studies1 canaries and ducks1 for example1 develop malaria2 and in research designed to discover a better drug for the treatment of malaria we can use ,avian ,malaria as a sort of screen method to detect which compounds might be employed with some assurance and might be effective in human malaria4 ,in that way we decrease the random and unnecessary experimentation on man4 ,q4 ,to your knowledge have any experiments been conducted in the ,united ,states wherein these requirements which you set forth were not met8 ,a4 ,not to my knowledge4 ,,mr4 ,,hardy3 ,your ,honor1 ,i have no further questions concerning medical ethics to put to ,dr4 ,ivy2 however1 ,i do have one question concerning the high-altitude experiments which ,i wish to go back to at the conclusion of that complex1 in high altitude1 and ,i will have completed my direct examination4 ,,presiding ,,judge ,,beals3 ,the ,tribunal has no questions of the witness4 ,do ,i understand that you have completed your examination of the witness8 ,,mr4 ,,hardy3 ,no4 ,i have not2 ,i have a further question to put to him1 but ,i was going to leave the case of medical ethics4 ,,presiding ,,judge ,,beals3 ,we have no questions on that subject2 you may proceed4 ,,mr4 ,,hardy3 ,dr4 ,ivy1 in medical science and research is the use of human subjects necessary8 ,,witness ,,dr4 ,,ivy3 ,yes1 in a number of instances4 ,q4 ,is it frequently necessary and does it perform great good to humanity8 ,a4 ,yes4 ,that is right4 ,q4 ,do you have an opinion that the state1 for instance1 the ,united ,states of ,america1 could assume the responsibility of a physician to his patient or experimental subject1 or is that responsibility solely the moral responsibility of the physician or scientist8 ,a4 ,i do not believe the state can assume the moral responsibility that a physician has for his patient or experimental subject4 ,,dr4 ,,seidl3 ,i object to this question in that it is a purely legal question which the ,court has to answer4 ,,dr4 ,,sauter 7for the defendants ,ruff and ,romberg73 ,if ,i am not mistaken1 a document was read this morning which said that the state assumes the responsibility4 ,i believe that ,i am not mistaken in this4 ,i also want to point out something else1 gentlemen1 in order to supplement what ,dr4 ,seidl just said4 ,the question asked here is always what the opinion of the medical profession in ,america is4 ,for us in this trial1 in the evaluation of ,german defendants1 that is not decisive4 ,in my opinion the decisive question is for example1 in #aidb1 when the altitude experiments were undertaken at ,dachau1 what the attitude of the medical profession in ,germany was4 ,from my point of view as a defense counsel ,i do not object if the prosecution asks ,professor ,ivy what the attitude or opinion of the medical profession in ,germany was in #aidb4 ,if he can answer that question1 all right1 let him answer it1 but we are not interested in finding out what the ethical attitude of the medical profession in the ,united ,states was4 ,in my opinion a ,german physician who in ,germany performed experiments on ,germans cannot be judged exclusively according to an ,american medical opinion1 which moreover dates from the year #aide and was coded in the years #aide and #aidf for future use2 it can also have no retroactive force4 ,,presiding ,,judge ,,beals3 ,the first objection imposed by ,dr4 ,seidl might be pertinent if the question of legality was concerned1 a legal responsibility1 that would be a question for a court4 ,the question of moral responsibility is a proper subject to inquire of the witness4 ,as to ,dr4 ,sauter's objection1 the opinion of the witness as to medical sentiment in ,america may be received4 ,the counsel's objection goes to its weight rather than to admissibility4 ,the witness could be asked if he is aware of the sentiment in ,america in #aidb and whether it is different from this of the present day or whether it does not differ4 ,the witness may also be asked whether he is aware of the opinion as to medical ethics in other countries or throughout the civilized world4 ,but the objections are both overruled4 ,,mr4 ,,hardy3 ,it is your opinion1 then1 that the state cannot assume the moral responsibility of a physician to his patient or experimental subject8 ,,witness ,,dr4 ,,ivy3 ,that is my opinion4 ,q4 ,on what do you base your opinion8 ,what is the reason for that opinion8 ,a4 ,i base that opinion on the principles of ethics and morals contained in the oath of ,hippocrates4 ,i think it should be obvious that a state cannot follow a physician around in his daily administration to see that the moral responsibility inherent therein is properly carried out4 ,this moral responsibility that controls or should control the conduct of a physician should be inculcated into the minds of physicians just as moral responsibility of other sorts1 and those principles are clearly depicted or enunciated in the oath of ,hippocrates with which every physician should be acquainted4 ,q4 ,is the oath of ,hippocrates the ,golden ,rule in the ,united ,states and to your knowledge throughout the world8 ,a4 ,according to my knowledge it represents the ,golden ,rule of the medical profession4 ,it states how one doctor would like to be treated by another doctor in case he were ill4 ,and in that way how a doctor should treat his patient or experimental subjects4 ,he should treat them as though he were serving as a subject4 ,q4 ,several of the defendants have pointed out in this case that the oath of ,hippocrates is obsolete today4 ,do you follow that opinion8 ,a4 ,i do not4 ,the moral imperative of the oath of ,hippocrates ,i believe is necessary for the survival of the scientific and technical philosophy of medicine4 99 99 99 99 99 #b4 ,,german ,,medical ,,profession a4 ,introduction ,the position of the ,german medical profession under the ,hitler regime was the subject of argument by both prosecution and defense4 ,the prosecution discussed the matter in the early part of its opening statement 7vol4 ,i1 p4 #bi ff474 ,selections from the argumentation of the defense on this point have been taken from the final plea for the defendant ,blome and from the closing brief for the defendant ,rostock4 ,these appear on pages #hf to #ij4 b4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,blome#bf 99 99 99 99 99 ,furthermore1 ,i have another matter at heart1 especially in my capacity as defense counsel for this defendant3 ,blome was ,deputy ,reich ,physicians' ,leader2 he will1 therefore1 to a certain degree1 easily be regarded as the representative of the ,german medical profession during the ,hitler regime4 ,now1 there is great danger that the entire ,german medical profession will be identified with its former leader1 ,dr4 ,conti1 and with the crimes he was charged with during this trial2 the ,german medical profession fears that those crimes which1 in fact1 were committed by individual doctors1 who may have been rightly charged1 are to be taken as typical of the entire medical profession4 ,indeed1 during the last months we could hear in the press and on the radio that the entire medical profession was here in the prisoners' dock2 unfortunately1 by thus generalizing1 the matter was presented as though the entire medical profession was corrupt and that the majority of ,german physicians had committed such crimes or at least approved them1 as stated here in the indictment at the trial4 ,this conception is wrong and unjust4 ,the ,german medical profession numbered about #hj1jjj members and if we add the ,wehrmacht physicians and the official physicians1 one arrives at about #ajj1jjj physicians4 ,now let us compare with this total number the small number of physicians and researchers here in the dock4 ,there are altogether #bj men4 ,of what importance is such an insignificant number for the judging of the entire profession8 ,if out of #e1jjj ,german physicians one single person committed a crime1 it is impossible to draw a conclusion from these few exceptions regarding the behavior and morals of the whole class4 ,and even if we suppose that perhaps another few hundred physicians and researchers not here in the dock had taken part in the 8experiments on human beings0 and in the 8euthanasia action01 the number of guilty persons in comparison with the total number of the entire profession is still too small to entitle one to consider the entire profession as criminal1 and morally inferior because some individuals committed a wrong4 ,there is yet another point of view4 ,it stands to reason that not all experiments on human beings can be excused and justified1 not even during a time of total warfare and under a dictatorship1 and no decent person would ever think of excusing the way and manner in which the ,hitler ,state carried out the 8,euthanasia ,program40 ,however1 it is an incontestable fact that large-scale experiments on human beings cannot altogether be avoided and are1 in fact1 carried out throughout the whole world1 and that there are different viewpoints concerning the problem of euthanasia1 even to a limited extent in the circles of conscientious physicians when this is carried out on a proper legal basis1 and when1 in addition1 full precautions are taken to prevent abuses4 ,it must not be overlooked that the deterioration of the medical profession claimed in connection with this trial is connected exclusively with the problem of experiments on human beings and with euthanasia1 but that no accusations are made against the professional practice of the ,german physicians in any other respects2 there are especially no accusations referring to the relationship between the sick patient and the physician whom he had chosen as a helper and confidant to restore his health4 ,this confidence in the attending physician felt by the patient has remained completely untouched by this trial4 ,we ,germans have our own opinion about our physicians1 we know their conscientiousness and willingness to render help2 especially during the war we have been able to observe and appreciate their readiness to sacrifice themselves2 we know that the good qualities that made the ,german physicians and researchers a model in former decades were not lost during ,hitler's time1 and it would be a pity if the abuses1 which have been revealed and proved by this trial1 should serve to undermine the confidence of the ,german people in their physicians and expose them to the contempt of all civilized nations4 ,individual researchers1 who out of ambition or a passion for research did not value a human being's life more than that of a rabbit1 should not be considered representative of the ,german physicians' profession1 nor should those physicians of the concentration camps1 who for lack of a conscience or for some other wicked reason gave fatal injections to prisoners or tortured them to death1 be regarded as representative of the ,german medical profession4 ,no4 ,representative of a model ,german physician during ,hitler's time1 too1 is the non-political1 practicing physician1 who1 even if he did perhaps formally belong to the ,party1 strongly opposed from the bottom of his heart all kinds of violence and intolerance1 who is closely bound to his nation and its needs1 the practicing physician who cared for his patients in the most devoted manner day after day and night after night during the time of total war and fearful bombardments1 which is especially hard for a physician2 or who as military physician served at the front far from home1 from his practice1 from his family1 fairly sharing all the hardships1 dangers1 and privations with his soldiers4 ,and the surgeon who1 as director of his clinic1 operated and cured and helped from morning till night wherever he could help without having time to breathe1 let alone to take part in political activity1 he also is representative of the model ,german physician during ,hitler's time too4 ,i do not know what verdict you will arrive at respecting one or the other of these defendants2 but1 as defense counsel of the former ,deputy ,reich ,physicians' ,leader1 ,i beg you to make it clear by your verdict that in judging the defendant1 if you must condemn him1 you do not condemn and defame the entire ,german medical profession1 but that the abuses which were committed were individual acts such as1 perhaps1 happened in all professions during ,hitler's time without necessitating a condemnation of the entire profession4 ,these were individual acts arising perhaps partly from personal criminal tendencies of individual fanatics1 partly from being connected with the excesses of a total war in a dictatorship of unscrupulous violence4 ,if beside the #bc defendants there is a #bdth sitting in the dock1 invisible to our eye1 he is not of the ,german medical profession but the ,,ss spirit of ,himmler and of a dozen other murderers of millions of people4 ,this spirit might have led a fanatic to forget his professional ethics and to commit crimes4 ,but the entire medical profession remained sound and conscious of its duty4 ,may your verdict not completely rob the ,german people of their confidence in their physicians but restore it to them1 and ,i have no doubt that after the present crisis has been overcome and in more normal circumstances1 the ,german medical profession will prove to its people that as a body it never forgot nor will ever forget the professional ethical commandments of the ,hippocratic oath4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,rostock ,introduction ,mr4 ,president1 your ,honors3 ,the great ,english historian and sociologist1 ,thomas ,carlyle1 once said1 8,your life1 and were you the humblest of human beings1 is not a wild dream but a lofty fact40 ,i do not want to speak to you in this courtroom without first recalling this saying and thereby seeing before my eyes the picture of the great number of our fellow human beings whose lives have really become a wild dream4 ,the fact on which this trial is based1 that defenseless human beings were used by doctors of my country for experiments and in part died after suffering tortures1 cannot be denied4 ,i1 myself1 would doubt the clarity of my judgment as a ,german jurist if ,i did not realize that general human rights1 such as the fundamental standards anchored in all civilized nations1 have been violated thereby4 ,medical science should bring help and healing to suffering humanity4 ,i am proud to state that it was ,german doctors who1 in the last century1 saved millions of human beings from the most serious and fatal diseases by their research4 ,let me remind you only of names such as ,robert ,koch1 ,emil von ,behring1 ,paul ,ehrlich1 ,theodor ,billroth1 and ,august ,bier1 or medicines such as ,germanin1 atabrine1 ,salvarsan1 diphtheria serum1 tetanus serum1 and many others4 ,if it were possible to achieve such decisive results in any other way1 this would only confirm the actual truth1 that no one1 no matter how highly placed and no matter how important his aims1 has the right to lower other human beings to the level of guinea pigs by force4 ,how could a man venture to dispose in that way of the life and health of his fellow men1 be they ever so humble8 ,it seems to me that this involves a fundamental contradiction to the duty of the doctor1 a violation of the dignity of the individual1 and a presumption which cannot remain without horrible results4 ,there may be doubtful cases1 there may be borderline cases1 but the solution of these questions can be based on only one principle1 which is that all creatures in human form have an equal right to life and health4 ,humanity would be in a sad state if again and again there were not volunteers from the ranks of physicians and laymen who made themselves available for experiments1 conscious of their contribution toward saving and healing other human beings4 ,but how can a man dare simply to designate others to suffer and die1 when they1 too1 like to live and be free from want and fear1 just like he himself8 99 99 99 #c4 ,,medical ,,experiments ,,in ,,other ,,countries a4 ,introduction ,the practice of medical experimentation upon human beings in other countries was brought out by the defense in an effort to show that the medical experimentation in which these defendants engaged was not criminal4 ,extracts from the argumentation of the defense have been selected from the closing briefs for the defendants ,karl ,brandt and ,ruff4 ,these appear below on pages #ij to #ic4 ,from the evidence on this question1 the following appear below on pages #ie to #aba3 ,selections from defense documents1 followed by extracts from the cross-examination of one of the prosecution's expert witnesses ,dr4 ,andrew ,c4 ,ivy and an extract from the cross-examination of the defendant ,rose4 b4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,reference has furthermore been made to the extraordinarily large number of persons available for experiments4 ,with regard to the experiments made and on the basis of the evidence of this trial1 experiments on a large scale have been made only in rare cases1 and these may be compared in size with experiments on a large scale outside of ,germany1 as they were made even in peacetime2 reference is made once more to the malaria experiment4 7,karl ,brandt #a1 ,karl ,brandt ,ex4 #a47 ,if one considers the number of persons sentenced to death who were subjected to experiments1 the number is comparable to those eleven condemned persons for the poison experiment in ,manila4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,one should compare1 among others1 the plague experiments by ,strong in #aiab on #ijj convicts1 including an experiment on #db persons some of whom were persons sentenced to death1 and the typhus experiments by ,hamdi on #aec persons4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,if the number of condemned persons used for experiments in these proceedings appears high1 it should be taken into consideration that the number of persons sentenced to death under the laws of war is also unusually high4 ,for the protection of the country1 criminal laws are1 during wartime1 applied more rigorously in all countries in order to guarantee safety at home during the absence of the male population at the front4 ,the number of ordinary criminals who have been punished on account of acts committed by taking advantage of war conditions1 and especially of the blackout1 is already unusually high2 it is1 therefore1 not even necessary to include herein the persons sentenced for political crimes4 ,in this connection the viewpoint of the ,english scholar ,mellenby of the ,london ,school of ,hygiene and ,tropical ,medicine deserves special consideration4 7,becker-,freyseng #fj1 ,becker-,freyseng ,ex4 #eh47 ,in the well-known medical journal 8,the ,lancet0 of #a ,december #aidf1 this doctor quotes particularly the political conditions in ,germany as decisive and as an excuse for the accused persons4 ,one may not1 therefore1 subsequently refer to the general conditions in ,germany during the war years in order to judge the acts committed during this time more severely4 ,the number of human guinea pigs used in the experiments alleged by the prosecution is about #b1jjj4 ,the number of human guinea pigs known to the defense from published data amounts to more than #aa1jjj persons4 ,if among those1 minor experiments are also to be found1 it may be supposed that the experiments published contain only the material fit to be known to the public4 ,publications show the results but not the sacrifices and undesirable incidents4 ,that which the defense can present is not the result of an exhausting criminal investigation4 ,looking at only these experiments which were considered fit for publication1 one cannot possibly come to the conclusion that they were made only with volunteers4 ,i refer in this connection to the compilation of experiments in ,document ,karl ,brandt #aag1 ,karl ,brandt ,exhibit #ajc1 namely #cb experiments on at least #a1ehj persons3 they are experiments on persons sentenced to death1 prisoners and soldiers1 women and girls2 the experiments are often carried out in such a way that it cannot be presumed the subjects volunteered4 ,voluntary service of the human guinea pigs has not been claimed either2 only in two cases has it specifically been pointed out4 ,the volunteers in one of these experiments were medical students4 ,outstanding in this document are #ac experiments with at least #bbc children4 ,one cannot assume that the parents had given their consent4 ,in this connection reference is made to ,document ,karl ,brandt #ic1 ,karl ,brandt ,exhibit #bi1 regarding the experiments of ,professor ,mc,cance4 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,ruff 99 99 99 99 99 ,experiments which time and again have been described in international literature without meeting any opposition do not constitute a crime from the medical point of view4 ,for nowhere did a plaintiff arise from the side of the responsible professional organization1 or from that of the administration of justice1 to denounce as criminal the experiments described in literature4 ,on the contrary1 the authors of those reports on their human experiments gained general recognition and fame2 they were awarded the highest honors2 they gained historical importance4 ,and in spite of all this1 are they supposed to have been criminals8 ,no6 ,in view of the complete lack of written legal norms1 the physician1 who generally knows only little about the law1 has to rely on and refer to the admissibility of what is generally recognized to be admissible all over the world4 ,the defense is convinced that the ,tribunal1 when deciding this problem without prejudice1 will first study the many experiments performed all over the world on healthy and sick persons1 on prisoners and free people1 on criminals and on the poor1 even on children and mentally ill persons1 in order to see how the medical profession in its international totality answers the question of the admissibility of human experiments1 not only in theory but also in practice4 ,it is psychologically understandable that ,german research workers today will1 if possible1 have nothing to do with human experiments and will try to avoid them1 or would like to describe them as inadmissible even if before #aicc they were perhaps of the opposite opinion4 ,however1 experiments performed in #aije-aiab by a highly respected ,american in ,asia for the fight against the plague1 which made him famous all over the world1 cannot and ought not to be labelled as criminal because a ,blome is supposed to have performed the same experiments during the ,hitler period 7which1 in fact1 however1 were not performed at all72 and experiments for which1 before #aicc1 a foreign research worker1 the ,englishman ,ross1 was awarded the ,nobel prize for his malaria experiments1 do not deserve to be condemned only because a ,german physician performed similar experiments during the ,hitler regime4 ,one should not say that experiments1 where different diseases or different drugs from those referred to in this trial were dealt with1 have no connection with the charges of this indictment because of this difference and that1 therefore1 they are of no importance as evidence4 ,in the foreground there stands the basic question as to the conditions under which such experiments are permissible2 whether they refer to plague or typhus1 to tuberculosis or jaundice1 is a secondary question which concerns the medical expert more than the jurist4 ,decisive for this trial is the question whether the conditions under which experiments were performed by the defendants were those internationally recognized as for the experiments which were performed by foreign research workers with the approval of all civilized humanity4 ,if one wants to arrive at a just and satisfactory decision1 one must disregard the fact that here ,german research workers are accused4 ,on the contrary1 one has to strive toward obtaining an international basis to represent the present international opinion on human experiments1 one which for decades1 if not for centuries1 will form the criterion for the permissibility of human experiments4 ,we1 as jurists1 can only render a service to the development of medical science and therewith to humanity if we endeavor to establish an incontrovertibly clear view of today's international opinion on human experiments1 whether these experiments were performed by ,germans or by foreigners4 c4 ,evidence ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,karl ,brandt #a ,karl ,brandt ,ex4 #a ,extract from 8,life0 #ie ,magazine concerning malaria experiments on convicts in ,u4 ,s4 penitentiaries4 ,becker-,freyseng ,becker-,freyseng ,statement of ,professor #ie #fj ,ex4 #eh ,dr4 ,hans ,luxenburger and ,dr4 ,hans ,halbach concerning the report on experiments on human beings in world literature 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei74 ,becker-,freyseng ,becker-,freyseng ,extracts from report on #if #fj;a ,ex4 #ei experiments on human beings in world literature2 excerpts from various newspapers and medical weeklies4 ,karl ,brandt #aag ,karl ,brandt ,excerpts from the #ajc ,ex4 #ajc dissertation 8,infection ,experiments on ,human ,beings0 by ,alfred ,heilbrunn of the ,hygiene ,institute of the ,wuerzburg ,university1 #aicg1 concerning experiments on human beings in other countries4 ,testimony ,extracts from the testimony of prosecution expert witness ,dr4 #aaj ,andrew ,c4 ,ivy4 ,extract from the testimony of defendant ,rose #aah ,,partial ,,translation ,,of ,,document ,,karl ,,brandt #a ,,karl ,,brandt ,,defense ,,exhibit #a ,,extract ,,from 8,,life0 ,,magazine ,,concerning ,,malaria ,,experiments ,,on ,,convicts ,,in ,,united ,,states ,,penitentiaries ,extract from 8,life01 ,vol4 #ah1 ,nr4 #bc of ,june #d1 #aide ,prison ,malaria ,convicts expose themselves to disease so doctors can study it4 ,in three ,united ,states penitentiaries men who have been imprisoned as enemies of society are now helping science fight another enemy of society4 ,at the ,united ,states ,penitentiary in ,atlanta1 the ,illinois ,state ,penitentiary1 and ,new ,jersey ,state ,reformatory some #hjj convicts volunteered to be infected with malaria so medical men can study the disease4 ,the experimenters1 who are directed by the ,office of ,scientific ,research and ,development1 have found prison life ideal for controlled laboratory work with humans4 ,their subjects all eat the same food1 sleep the same hours1 and are never far away4 ,the prisoners are not pardoned or paroled for submitting to infection4 ,prison malaria experiments underline the fact that malaria is still a very serious medical problem4 ,in the ,united ,states there are #a1jjj1jjj cases a year4 ,the existing drugs 7mainly quinine and atabrine7 control malaria but cannot keep it from recurring long after the original infection4 ,the goal of malaria research is to find a new drug which will cure the disease permanently4 ,,partial ,,translation ,,of ,,document ,,becker-,,freyseng #fj ,,becker-,,freyseng ,,defense ,,exhibit #eh ,,statement ,,of ,,professor ,,dr4 ,,hans ,,luxenburger ,,and ,,dr4 ,,hans ,,halbach ,,concerning ,,the ,,report ,,on ,,experiments ,,on ,,human ,,beings ,,in ,,world ,,literature 7,,see ,,also ,,becker-,,freyseng #fj;a1 ,,becker-,,freyseng ,,ex4 #ei7 ,experiments on ,human ,beings as ,viewed in ,world ,literature ,i1 ,professor ,dr4 med4 ,hans ,luxenburger1 specialist in nervous diseases1 resident at #ce1 ,liebigstrasse1 ,munich1 and ,i1 ,dr4 ing4 and ,dr4 med4 ,erich ,hans ,halbach1 physician1 of ,prien-,chiemsee1 have first been advised that we shall render ourselves liable to punishment if we give a false affidavit4 ,we declare under oath that we have ascertained the correctness of the enclosed excerpts of scientific works and books1 that is to say1 with respect to the excerpts bearing the following numbers3 #a1 #e1 #h1 #aj1 #aa1 #ab1 #ac1 #ad1 #ae1 #af1 #ag1 #ah1 #bj1 #ba1 #bb1 #bc1 #bd1 #be1 #bf1 #bg1 #bh1 #bi1 #cj1 #ca1 #cb1 #cc1 #cd1 #ce1 #cf1 #cg1 #ch1 #ci1 #dj1 #db1 #dd1 #df1 #dg1 #dh1 #ed 99 99 99 by comparison with the original2 with respect to the numbers #b1 #c1 #d1 #f1 #g1 #i1 #ai1 #da1 #dc1 #de1 #di1 #ej1 #ea1 #eb1 #ec by certified photostatic copies1 copies1 translations or excerpts submitted to us by attorney at law ,dr4 ,edmund ,tipp4 ,we made the report 8,experiments on ,human ,beings as ,viewed in ,world ,literature0 to the best of our knowledge for presentation as evidence before the ,american ,military ,tribunal ,i in the ,palace of ,justice1 ,nuernberg1 ,germany4 ,munich1 #ad ,april #aidg ,signed ,prof4 ,dr4 ,hans ,luxenburger ,dr4 ,hans ,halbach ,,partial ,,translation ,,of ,,document ,,becker-,,freyseng #fj;a ,,becker-,,freyseng ,,defense ,,exhibit #ei ,,extracts ,,from ,,report ,,on ,,experiments ,,on ,,human ,,beings ,,in ,,world ,,literature2 ,,excerpts ,,from ,,various ,,newspapers ,,and ,,medical ,,weeklies ,excerpt from the ,certified ,translation ,author3 ,ladell1 ,w4,s4,s4 7,med4 ,research ,committee74 ,title3 ,effects after ,taking ,small ,quantities of ,sea-,water4 ,an experimental study4 7,from the research staff1 ,national ,hospital1 ,queen ,square74 ,quotation3 ,the ,lancet ,no4 #fbfg 7,october #aidc7 page #dda4 ,purpose3 ,contribution to the physiology of persons who received the same food and drinking water as shipwrecked persons in lifeboats4 ,studies regarding the effect of the drinking of sea water on the chloride balance1 urea excretion1 urine amount1 and loss of body weight of shipwrecked persons4 ,procedure3 #a4 ,three experimental persons1 after one day without water1 drank #bdj cc4 fresh water and #ahj cc4 sodium chloride #c4e percent solution daily for #d days4 #b4 ,ten experimental persons1 after one day without water1 drank #edj cc4 fresh water and #ahj cc4 sea water daily for #e days2 the following #d days1 #e of these experimental persons drank #fj cc4 fresh water daily1 the following #d days the other #e experimental persons drank #fj cc4 fresh water and #ahj cc4 sea water daily4 #c4 ,eleven experimental persons1 after one day without water1 drank #edj cc4 fresh water daily for #e days2 #f of these experimental persons received #fj cc4 water and #ahj cc4 sea water daily for the following #d days4 #d4 ,two experimental persons1 after one day without water1 drank #cgj cc4 fresh water each for #b days1 for the following #c days daily #bdj cc4 fresh water each1 plus #djj cc4 sea water1 the next #cf hours only #fjj cc4 sea water4 ,all experimental persons moreover took only sea-rescue emergency rations in limited quantities1 with #a gr4 sodium chloride at the most4 ,experimental persons3 #ag experimental persons from a naval hospital submitted 8voluntarily to the severe experimental conditions01 without physical injury4 ,excerpt from ,certified ,report #ai ,author3 ,cameron and ,karunaratne4 ,quotation3 ,journal of ,pathology and ,bacteriology #db1 #ac 7#aicf74 ,purpose3 ,studies of the poisonous effect of carbontetrachloride on human beings 7report74 ,experiment3 ,carbontetrachloride is administered to healthy criminals before their execution4 ,the effect of the poison on the liver is determined by way of an autopsy4 7,therapeutical normal doses #c4j cc43 maximum dose #e4j cc47 #b test persons receive twice #f cc4 7,nichols and ,hampton7 #c test persons receive twice #d cc4 7,docherty and ,nichols7 #b test persons receive twice #e cc499 7,docherty and ,burgess7 #a test person receive twice #e and #c cc499 7,docherty and ,burgess7 #c test persons receive twice #aj cc4 7,leach1 ,haughwout and ,ash7 99 with subsequent laxative4 ,result3 ,in some cases changes in the liver1 in others none4 ,test persons3 #aa criminals sentenced to death4 ,excerpt from ,original #bj ,author3 ,lt4 ,col4 ,kendall1 ,a4,e41 ,lt4 ,col4 ,dickinson1 ,s4,p41 ,lt4 ,col4 ,forrester1 ,j4,s4 ,title3 ,the ,treatment of ,bacillary ,dysentery in ,chinese ,soldiers with ,sulfaguanidine and ,sulfadiazine4 ,quotation3 ,american ,journal of ,medical ,science #baa1ajc 7,january1 #aidf74 ,purpose3 ,page #ajc3 8,the opportunity to make controlled observations of the efficacy of sulfaguanidine and sulfadiazine in the treatment of acute bacillary dysentery has recently presented itself to us4 ,in an ,army general hospital in northeastern ,india caring for ,chinese and ,american troops1 we have observed many hundreds of cases within the past year4 ,it early became apparent that we were dealing with a relatively benign form of the disease with a uniformly favorable outcome4 ,under these circumstances1 it seemed both justifiable and important to utilize the opportunity to determine to what extent sulfonamide therapy shortened the course of the disease or otherwise favorably influenced its course40 ,experiment3 8,the present communication describes the results of such an investigation1 carried out in the #g-month period from ,june through ,december #aidc1 in which the results of treatment were compared in #ccd ,chinese patients with bacillary dysentery1 one-third received sulfaguanidine and one-third1 sulfadiazine40 ,results3 ,page #aji3 8,neither drug shortened the course of the disease1 ameliorated the symptoms1 nor altered the eventual outcome40 ,test persons3 #ccd ,chinese soldiers patients4 ,excerpt from the ,original ,report ,no4 #bc ,author3 ,see below4 ,title3 ,trench ,fever ,report of ,commission ,medical ,research ,committee1 ,american ,red ,cross1 ,university ,press #aiah4 ,trench ,fever1 ,bruce1 ,final ,report of the ,war ,trench ,fever ,investigation ,committee1 ,journal of ,hygiene #aiba1 page #beh4 ,quotation3 ,reference in ,kolle-,kraus-,uhlenhut1 ,manual of ,pathogenic ,micro-organisms4 ,,viii_/#a1 #acjb1 7#aicj74 ,purpose3 8,the ,american ,commission 7,president3 ,strong1 ,members3 ,swift1 ,ople1 ,mc,neal1 ,beetjew1 ,pappenheimer1 ,peacoc1 ,rapport7 interpreted its task in a preponderantly practical way1 trying to clarify the methods of transmission and to safeguard the troops from infection4 ,the ,english ,commission 7,president3 ,bruce4 ,members3 ,harvey1 ,bacot1 ,byam1 ,trench1 ,arkwright1 ,fletcher1 ,hird1 ,plimmer7 set itself the task of investigating the disease completely and thoroughly1 particularly also the causative agent40 ,experiment3 8,the experiments of the ,english-,american ,commissions1 those of transmitting ,quintana with the entire blood were largely positive1 and the intravenous injection showed better results than the intramuscular and particularly the subcutaneous4 8,experiments for the transmission of lice were carried out by the ,english and ,american ,commissions on the two bases3 ,the bite of lice and the rubbing in of infected lice secretion40 ,the first announcement of the ,american ,commission on successful transmission of lice came on #ad ,february #aiah2 the first successful experiment on the transmission of lice of the ,english ,commission on #i ,march4 ,transmission ,experiments3 with ,plasma positive in #g cases with ,serum negative with red blood corpuscles positive #c times in #d experiments with blood from skin which has negative been scratched ,infection3 with secretion of lice positive with sputum and saliva positive once in #d experiments with urine of patients rubbed into positive #e times in #h experiments the skin through the conjunctiva positive through the urethra not successful through the mouth not successful through food and drink not successful ,experimental persons3 ,approximately at least #ajj ,result3 ,clarification of the etiology and the methods of transmission4 ,excerpts from the ,original ,report ,no4 #be ,author3 ,hamdi4 ,title3 ,results of ,immunization ,tests against ,typhus4 ,quotation3 ,journal for ,hygiene #aiaf1 #hb4 ,quoted in ,kolle-,kraus-,uhlenhut1 ,manual of ,pathogenic ,micro-organisms ,,viii_/#b1 #abjd 7#aicj74 ,purpose3 ,see title4 ,experiment3 8,by means of virulent blood of patients1 ,hamdi was in a position to check on a large number of persons who had been treated before partly with the blood of patients 7#hj71 partly with the blood of reconvalescents 7#ed71 partly with a mixture of both blood types 7#ai7 99 99 994 ,upon the infection with the blood of patients1 none of the thrice protectively vaccinated persons became ill1 two out of seven persons who had been protectively vaccinated only twice became ill40 ,experimental persons3 8,in the first place1 these experiments concerned persons who had been sentenced to death for crimes10 899 99 99 large number 99 99 9940 ,result3 ,effectiveness of protective vaccination was proved4 ,excerpt from ,original ,report ,no4 #bf ,author3 ,doerr1 ,r4 ,title3 ,pappataci ,fever and ,dengue4 ,quotation3 ,kolle-,kraus-,uhlenhut1 ,manual of ,pathogenic ,micro-organisms ,,viii_/#a1 #eja et seq4 7#aicj74 ,purpose3 ,research in ,etiology and ,transmission of ,pappataci ,fever4 ,experiment3 ,,ii4 ,pappataci ,fever4 ,page #ejh3 8,the organism circulates in the blood of the patients during the first #bd hours after the beginning of the fever4 ,its presence is betrayed only from the pathogenicity 7infectivity7 of the blood for healthy and receptive 7not immune7 human beings4 ,if such an individual were to be injected with the blood of a subcutaneously feverish person he would fall ill 99 99 99 of a fever attack typical in every respect4 ,this experiment was at first successfully performed by ,doerr 7#aijh71 later by ,doerr and ,russ in the ,hercegovina1 by ,birt in ,malta1 by ,tedeschi and ,napolitani in ,italy1 by ,lepine 7,three ,days ,fever in ,syria1 ,bull4 ,soc4 path4 exot4 #bj1 #bea1 #aibg7 in ,syria4 ,the experiment was repeated by ,kligler and ,ashner in ,palestine and furnished positive results in about #ce single experiments4 ,in this connection it must be considered that1 almost without exception1 the inoculated persons lived in areas free from epidemics and phlebotomus so that an accidental natural infection was out of the question from the beginning40 ,page #eac3 8,but ,whittingham and ,rook brought infected phlebotomus from ,malta to ,england4 ,they succeeded in breeding imagines from the eggs of flies laid in ,england and infecting human beings by the bites of these flies1 that is producing fever attacks4 ,in this way1 the question of where the virus of the ,pappataci fever remains over the winter would apparently be answered40 ,experimental persons3 ,about #ce4 ,result3 ,determination and confirmation of the etiology and the method of transmission4 ,report ,after the ,original ,no4 #cc ,author3 ,goldberger1 ,joseph 7,,usa ,public ,health ,service #aiad74 ,quoted from3 ,bernhard ,jaffe1 ,scientists in ,america1 ,overseas ,edition ,incorporated1 ,new ,york #aidd1 page #dja et seq4 ,purpose3 ,proof that pellagra is a deficiency disease4 ,experiment3 ,one-sided deficiency diet 7restricted in quality7 which caused #g severe cases of pellagra4 ,experimental persons3 #ab voluntary prisoners of the ,rankin-,prison-,farm to whom their freedom was promised after survival of the experiment1 with the agreement of the governor of the state4 ,all survived and were set free4 ,excerpt from ,original #dd ,author3 ,fraenkel1 ,e4 ,title3 ,report on ,infectious ,colpitis ,epidemica ,observed in ,children4 ,quoted from3 ,arch4 ,path4 ,anath4 a4 ,physiol4 7,virchow7 #ii1 #bea 7#ahhe74 ,purpose3 ,page #bfc3 ,confirmation of the suspicion of an 8infection of the conjunctiva caused by vaginal secretion40 ,animal tests showed negative results4 ,experiment3 ,page #bfc3 8,by chance ,i had the possibility to inoculate the vaginal secretion 7of sick women7 into the conjunctiva of #c children patients who were in the final stage of the disease 7two were suffering from atrophia infantum1 the third from cheesy pneumonia7 99 99 9940 ,page #bfd3 8,the two pus-producing patients had suffered for several weeks from their colpitis40 ,result3 #b children died--#a and #b days after the inoculation without showing any reactions4 ,the third child contracted conjunctivitis1 which healed after treatment1 and died on the #ajth day4 ,experimental subjects3 #c moribund children4 ,excerpt from ,original #dh ,author3 ,current ,comment4 ,summary of a study taken from ,epidemiology ,unit ,no4 #ej4 ,title3 ,cholera ,studies in ,calcutta4 ,quotation3 ,journal of the ,american ,medical ,association #acj1 #gij 7#aidf74 ,aim3 ,page #gij3 899 99 99 control experiment on the treatment of cholera 99 99 9940 ,experiment3 ,page #gij3 899 99 99 in a highly endemic or epidemic area of ,india1 patients were taken in rotation as they were admitted to the hospital and assigned to the following group according to the treatment given3 ,a1 sulfaguanidine2 ,b1 control2 ,c1 sulfadiacine2 ,d1 penicillin2 and ,e1 sulfadiacine and penicillin combined4 ,all patients received supportive treatment in the form of i4v4 hypertonic and isotonic solution of sodium chloride and oral stimulants as indicated of offset dehydration1 emaciation1 and circulatory failure40 ,result3 ,page #gia3 #a4 ,patient treated with plasma in addition to chemo-therapy3 death rate3 zero4 #b4 ,patients receiving chemo-therapy alone3 death rate #a4a percent4 #c4 ,control group consisting of all patients who had not received treatment or who had insufficient treatment or only supportive treatment3 death rate #ch4c percent4 8,the dramatic effect of plasma is still more evident if the shock or collapse cases are segregated and tabulated4 ,there were1 in all1 #gh severely ill patients in that group4 ,the results in the group showed a mortality rate of #ie4h percent for the control group1 #ae4h percent for the chemo-therapy1 and no mortality in the group treated with plasma plus chemo-therapy40 ,experimental subjects3 ,no numbers given1 presumably several hundred1 nonvoluntary as clinical serial tests4 ,,partial ,,translation ,,of ,,document ,,karl ,,brandt #aag ,,karl ,,brandt ,,defense ,,exhibit #ajc ,,excerpts ,,from ,,the ,,dissertation 8,,infection ,,experiments ,,on ,,human ,,beings0 ,,by ,,alfred ,,heilbrunn ,,of ,,the ,,hygiene ,,institute ,,of ,,the ,,wuerzburg ,,university1 #aicg1 ,,concerning ,,experiments ,,on ,,human ,,beings ,,in ,,other ,,countries ,excerpt from 8,infection ,experiment on ,human ,beings0 ,inaugural ,dissertation for the ,attainment of the ,degree of a ,doctor of ,medicine at the ,friedrich-,wilhelm ,university of ,berlin2 submitted by3 ,alfred ,heilbrunn1 ,hofgeismar 7,hesse ,nassau7 #aicg ,from the ,hygiene ,institute of ,wuerzburg ,university4 7,dean3 ,professor ,m4 ,knorr7 ,printed by3 ,f4 ,w4 ,gadow and ,son1 ,hildburghausen4 7,the pamphlet is in the library of the ,erlangen ,university47 99 99 99 99 99 ,,malaria ,infection experiments with malaria take up much space in literature4 ,the desire to acquire an exact knowledge of this disease1 so important to various countries1 makes this fact appear quite understandable4 ,therefore1 numerous experiments on human beings were carried out even before the discovery of the plasmodium malariae and without knowledge of the transmission by anopheles4 ,in the following enumeration1 these experiments will be quoted chronologically1 thus giving a picture of how the knowledge of the etiology1 the infectiousness and the transmission of malaria1 was discovered through infection experiments on human beings4 #a4 7,,lv #g7 99 99 99 ,,salisbury 7quoted from ,mannaberg3 ,malaria ,diseases1 ,vienna #ahii4 ,nothnagel1 ,special ,pathology and ,therapy ,,ii #b47 99 99 99 ,experiment3 99 99 99 ,two 99 99 99 men 99 99 99 after #ab and #ad days1 fell ill with typical tertiana4 ,the same experiment in a second case again turned out a positive result4 #b4 7,,lv #h7 99 99 99 ,,dochmann 7,dochmann3 ,the ,doctrine of febris intermittens4 ,st4 ,petersburg ,medical ,journal4 ,no4 #bj1 quoted from ,virchow-,hirsch #ahhj7 99 99 994 ,his experiments 99 99 994 #ast experiment3 ,he inoculated 99 99 99 a healthy #cj-year-old man subcutaneously with 99 99 99 feverish chills4 99 99 99 99 99 #b;d experiment3 99 99 99 ,inoculation of three men 99 99 99 #ast man3 99 99 99 fever #b;d man3 ,only passing indisposition4 #c;d man3 ,stayed completely well4 #c;d experiment3 ,inoculation of a woman 99 99 99 99 99 99 shivering fits1 fever1 99 99 99 #c4 7,,lv #i7 99 99 99 ,,gerhard 7,gerhard3 quoted from ,olpp3 ,famous ,tropical ,physicians ,publ4 ,quello1 ,tuebingen7 99 99 99 transmitted 99 99 99 malaria from a sick person to a healthy one through subcutaneous blood injections4 99 99 99 99 99 #d4 7,,lv #aj7 99 99 99 ,,marchiafava and ,,celli 7,marchiafava and ,celli3 ,new ,research on ,malaria ,infection1 ,progress of ,medicine1 #ahhe1 #ghg1 #gie7 99 99 99 ,five experiments were carried out on patients suffering from nervous disorders4 #a4 ,experiment3 ,experimental subject a #ag-year-old man with myelitis transversa 99 99 99 99 99 99 progress of fever 99 99 99 spasm 99 99 99 99 99 99 swelling of the spleen 99 99 99 ,an examination of the blood gave an excellent confirmation of the malaria nature of the fever attacks 99 99 99 #b4 ,experiment3 ,experimental subject a #fh-year-old man with hemichorea4 99 99 99 99 99 ,characteristic attack of malaria1 99 99 99 moderate spleen tumor4 #c4 ,experiment3 ,experimental subject a #cb-year-old man with multiple sclerosis4 99 99 99 99 99 99 99 99 characteristic attacks1 spleen tumor4 99 99 99 99 99 #d4 ,experiment3 ,experimental subject a #dg-year-old man with multiple sclerosis4 99 99 99 99 99 ,no pathological manifestations in the blood picture4 #e4 ,experiment3 ,experimental subject a #bc-year-old man with poliomyelit4 ant4 99 99 99 99 99 99 99 99 fever 99 99 99 ,these experiments showed that-- 7#a7 in the blood of malaria patients1 corpuscles were often found in the interior of the red blood corpuscles in amoeboic movement and susceptible to coloring with aniline4 7#b7 the disease is transmissible1 and that the same amoeboic formations were found in the blood of the experimental subjects as in the blood of the donors4 ,the scientists carried on the work on the basis of these results and came to the conclusion that these amoeboic corpuscles were the morbific agents of malaria4 ,in order to be quite sure they made another inoculation experiment4 ,experimental subject was a #dc-year-old man with paralysis agitans4 99 99 99 99 99 99 99 99 continual subnormal temperature accompanied by bad general condition 4 4 4 99 99 99 plasmodia moving in the blood 99 99 99 #e4 7,,lv #aa7 ,the experiments of ,,marchiafava and ,,celli are confirmed by a whole series of other ,italian authors4 ,i found the experiments in the book of ,,mannaberg 7page #g7 in the form of tables and reproduce them here in the same way4 7vide pages #aj-ac7 99 99 99 7,,lv #ab7 ,,celli 7,celli3 quoted from ,mannaberg 7#g77 had several persons in the ,roman hospital ,s4 ,spirito drink water from the ,pontinc ,marshes and from the marshes near ,rome and found that these persons did not contract malaria4 7,,lv4 #ac7 ,,brancaleone 7,brancaleone3 quoted from ,mannaberg 7#g77 repeated the same experiment in ,sicily with the same negative result4 7,,lv4 #ad7 ,,zeri 7,zeri3 quoted from ,mannaberg 7#g77 had #i persons1 for a period of #e-bj days1 drink #a4e litres of water each 7in toto #aj-fj l47 from a malaria district2 he let #af persons inhale the same water when sprayed4 ,he administered it to #e persons per rectum3 none of the experimental persons got malaria4 ,also ,,salomone ,,mario 7,,lv4 #ae3 ,mario quoted from ,mannaberg 7#g77 registered the same negative result4 99 99 99 99 99 ,no results were found in support of the water theory4 ,it only remained to examine whether mosquitoes transmitted malaria through their sting4 #f4 7,,lv4 #ah7 99 99 99 ,,bastianieli 7vide ,mannaberg 7#g77 99 99 99 ,to imitate the sting of the mosquito he did nothing but insert the point of the ,pravaz syringe1 moistened with malaria blood1 under the skin4 ,that sufficed in some cases to produce a severe case of malaria4 99 99 99 99 99 #g4 7,,lv4 #bj7 99 99 99 #ahie ,,ross 7,ross1 page #i7 let #d mosquitoes of the species anopheles suck themselves full on the ,indian ,abdul ,radir who had numerous crescent-shaped formations in his blood1 and on #be ,may he let the twenty-year-old ,lutschmann1 who was stated never to have been sick before1 be stung by them4 ,on #e ,june the latter contracted fever which lasted for #c days4 99 99 99 99 99 #h4 7,,lv4 #bc7 ,in #aiag ,,wagner-,,jauregg 7,wagner-,jauregg3 ,psych4 neurol4 weekly #aiah7 introduced artificial malaria infection to cure progressive paralysis4 ,following this1 now experiments were initiated4 99 99 99 99 99 #i4 7,,lv4 #be7 ,f4 ,,muehlens and ,w4 ,,kirschbaum 7,muehlens and ,kirschbaum3 ,further ,parasitological ,observations on ,artificial ,malaria ,infection of ,paralytics4 ,archives for ,ship and ,tropical ,hygiene #aibd1 ,vol4 #bh1 ,no4 #d1 page #aca7 in #aibd report on artificial malaria infection for the treatment of paralysis4 99 99 99 99 99 ,,diphtheria 99 99 99 99 99 ,despite the ,behring therapeutic serum and the protective vaccine developed by ,behring1 the field of diphtheria immunity has always interested various research experts4 ,their efforts were all directed toward developing safe1 active immunity4 #dh4 7,,lv4 #acg7 ,as early as #aijb ,,dziergowsky 7,dziergowsky1 quoted from ,seeligmann and ,happe3 ,the ,position of the ,active ,protective ,vaccine against ,diphtheria4 ,result of ,hygiene #aa1 #aicj7 reported on several experiments to protect human beings against diphtheria by a number of subcutaneous injections with a gradually increasing dose of ,diphtheria-,toxin4 99 99 99 99 99 #di4 7,,lv4 #ach7 ,,blumenau 7,blumenau1 page #acg7 worked on this principle in #aiji4 ,he soaked cotton wads in undiluted toxin and placed them alternately in the right and then in the left nostril of children from #c-ab years of age4 ,he attained an antitoxin titer increase of up to #aj ,a4,e4 per ccm4 of serum4 #ej4 7,,lv4 #aci7 ,,bandi and ,,gagnoni worked with killed bacteria 7,bandi and ,gagnoni1 page #acg74 ,they injected measles convalescents with a #d-;day-old crush of diphtheria bacilli cultures on agar which had been killed at #ee ,centigrade 99 99 994 #ea4 7,,lv4 #ada7 ,,boehme and ,,riebold 7,boehme and ,riebold1 ,one ,way of ,active ,immunization against ,diphtheria1 ,munich ,medical ,weekly #aibd1 #bcb7 were the first to use living diphtheria bacilli for vaccination of human beings4 ,after extensive experiments on guinea pigs1 they proceeded to experiment on human beings4 ,they used a diphtheria lymph1 which they named ,diphcutan1 a mixture of living1 highly toxic diphtheria bacilli cultures in ,na,c#a4 ,sixty-two persons were vaccinated with this lymph with #aj-bj scratches each on the upper arm4 ,those vaccinated were-- #bb children from #a-e years of age1 #aa children from #f-aj years of age1 #ag children from #aj-ae years of age1 #b youths from #ae-bj years of age1 and #i adults from #bj-ej years of age4 99 99 99 99 99 #eb4 7,,lv4 #adb7 ,,eberhard 7,eberhard1 ,contributions toward active ,immunization against ,diphtheria4 ,hygiene ,journal #aje1 page #fad7 tested #d different vaccines produced by the ,marburger ,behringwerke for their suitability for immunization of humans and for use in public vaccination stations4 99 99 99 99 99 #ec4 7,,lv4 #adc7 ,,bayer used the lymph suggested by ,,boehme and ,,riebold 7,bayer1 ,on active ,immunization against ,diphtheria4 ,yearbook of ,infant ,therapeutics #aibe1 #bgc7 and vaccinated #hg children with it 99 99 994 #ed4 7,,lv4 #add7 ,,mueller and ,,meyer 7,mueller and ,meyer1 ,diagnosis and ,immunization of children threatened with ,diphtheria4 ,journal of ,infant ,therapeutics #ci1 #dje1 #aibe74 ,they also checked the experiments by ,,boehme and ,,riebold with the same methods1 vaccinated #ec children who had shown a positive reaction to the ,,schick test4 99 99 99 99 99 ,,typhus #ee4 7,,lv4 #adi7 ,,reitano 7,reitano1 quoted from ,rontal1 ,journal of ,bacteriology #aicc ,,iii1 page #aab7 vaccinated human beings with virus contained in dog ticks and produced typhus4 #ef4 7,,lv4 #aej7 ,one immunization experiment dating from the ,world ,war cost the lives of #ej ,turkish soldiers4 ,in the year #aiae immunization experiments against typhus were to be carried out in the hospitals of the #c;d ,turkish ,army with inactivated blood from a diseased person4 ,the doctor concerned took the blood from typhus convalescents and injected it1 as ,,hamdi 7,hamdi1 ,on the ,results of ,immunization ,experiments against ,typhus-,exanthem4 ,hygiene ,journal1 #aiaf1 #bce7 reports without having inactivated it1 into #abj soldiers4 ,each received #e ccm4 subcutaneously4 ,one soldier died after #ad days1 others contracted typhus which1 however1 progressed in a satisfactory manner4 ,after this the doctor vaccinated another #caj soldiers in the same way4 ,of these1 #agd became ill and #di died4 ,on the average the incubation period was #ab days4 99 99 99 99 99 ,,plague #fb4 7,,lv4 #afe7 99 99 99 ,,bulard 7,a4 ,f4 ,bulard1 ,de ,moru1 ,the ,oriental ,plague1 ,paris #ahci7 99 99 99 99 99 99 99 99 ,experiments continued to be carried out on condemned persons4 ,on #ag ,august at #h o'clock in the morning1 #ah-year-old ,ibrahim ,hassan1 who had been condemned to death1 was dressed in the shirt1 underwear1 and jacket of a person seriously ill with the plague4 ,immediately after this he was placed in the bed of one of the patients which was still warm from the patient's fever4 ,until #ba ,august there was no sign that even the slightest infection had taken place4 ,no symptoms of the disease had developed4 ,on the evening of the same day1 however1 he complained of a slight headache1 loss of energy started1 the blood circulation accelerated 99 99 99 ,a ,plague ,bubo developed in the left groin 99 99 99 #be ,august3 ,further vomiting of dark green matter4 ,the tongue is dry and has a slightly brackish appearance4 ,the pulse is light and quick4 ,respiration is jerky1 the features are distorted4 ,in the night death occurs4 ,on #g ,august at #h o'clock in the evening1 ,mohammed ,ben ,ali who has been condemned to death was dressed in the shirt1 underwear1 and jacket of a person seriously ill with the plague4 ,immediately thereafter he was placed in the patient's bed4 ,until the #bb;d no symptoms of disease4 ,on the morning of the #bc;d severe outbreak of the disease4 ,tottering gait1 then walking impossible4 ,extreme loss of energy1 appearance of being seriously ill 99 99 99 99 99 99 99 99 ,on #ah ,august we inoculated a person condemned to death with blood through #d vaccinational cuts in the fold of the right arm4 ,this blood was taken from a head vein of a plague patient who had been ill for #b days 99 99 99 ,on #bb and #cj ,august a second person1 condemned to death1 with a plethoric constitution and of strong build was inoculated with blood4 ,the first time in a fold of the left arm and in the right groin area1 the second time in the opposite positions4 ,on the area of the vaccination only the natural reddening and infections caused by the vaccination instrument appeared1 nothing else4 99 99 99 99 99 8,a third person condemned to death was inoculated with the fluid taken from a ,plague ,bubo in the groin and in the shoulder4 ,this same person had dressed in the clothes of a plague patient #bj days previously and had contracted the plague with all its severe symptoms4 ,the skin and tissue of this experimental subject remained refractory towards any absorption of the poison4 ,even when the inoculation with blood was repeated #h days later1 no disease resulted40 99 99 99 99 99 ,,smallpox ,in #agia1 the teacher ,plett of ,holstein successfully vaccinated three of his landlord's children in ,starkendorf near ,kiel4 ,later on when an epidemic occurred they did not contract the disease1 while their brothers and sisters which had not been vaccinated fell sick4 #ha4 7,,lv4 #bbj7 ,,jenner started from these premises4 7,jenner1 quoted from ,paschen1 ,k4,kr4,u41 ,manual on pathological micro-organisms1 ,t4 ,,viii1 #a1 ,p#hba74 ,in his first test1 he inoculated with variola #af persons who had suffered from cowpox previously4 ,they did not fall sick4 ,in #agif1 a milkmaid who suffered from a finger injury contracted an infection when milking a cow sick with cowpox4 ,she developed a case of cowpox4 ,with the contents of one pustule1 ,jenner vaccinated a boy4 ,the boy developed typical vaccine pustules at the vaccination area of his arm4 ,two weeks later1 ,jenner carefully inoculated the boy on both arms with new pustule matter4 ,no sickness ensued1 and a second inoculation also was negative4 ,thus1 clear proof was furnished that cowpox transmitted to human beings possessed the same protective value as that produced in animals4 ,however1 another epidemic was necessary before ,jenner's success was recognized4 ,in this instance he inoculated #f children directly from the cow4 ,they developed a slight infection1 and a subsequent inoculation failed4 ,the success of ,jenner's experimental infections on human beings have resulted in a blessing for all mankind inasmuch as his fundamental experiments on human beings have caused the extermination of variola in all countries that have compulsory vaccination4 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,expert ,,witness ,,dr4 ,,andrew ,c4 ,,ivy#bg 99 99 99 99 99 ,,cross-,,examination ,,dr4 ,,sauter3 ,witness1 you are an expert in the field of aviation medicine8 ,,witness ,,dr4 ,,ivy3 ,yes4 ,q4 ,may ,i ask you what fields within aviation medicine you have worked on specifically1 because my clients1 who are recognized specialists in this field1 attach importance to ascertaining precisely what fields you have worked in particularly8 ,a4 ,i have worked particularly in the field of decompression or pressure drop sickness1 and ,i have also worked in the field of anoxia or exposure to altitude repeatedly at a level of #ah1jjj feet to ascertain if that has any effect in the causation of pilots' fatigue4 ,q4 ,at what time did you specifically concern yourself with the fields you have just named8 ,was that before the ,second ,world ,war1 during the ,second ,world ,war1 or was it earlier than that8 ,a4 ,my interest in these fields of aviation medicine1 including free fall which ,i did not mention1 started in #aici4 ,q4 ,regarding your specific work in this field1 ,witness1 you have also issued publications4 ,i believe you spoke of two publications4 ,did ,i understand you correctly1 or were there more8 ,a4 ,there were two in the field of decompression sickness4 ,there was one publication in the field of the effects of repeated exposure to a mild degree of oxygen lack4 ,my other work has not yet been published but was submitted in the form of reports to the ,committee on ,aviation ,medicine of the ,national ,research ,council of the ,united ,states4 ,q4 ,when were these two papers published of which you just told us2 when1 and were they printed by a publishing house8 ,did they appear in a journal or a periodical8 ,a4 ,one appears in the ,journal of ,aviation ,medicine either in ,september or ,october of #aidf4 ,the other appears in the ,journal of the ,american ,medical ,association in either ,december or ,january #aidf or #aidg4 ,the publication on the effect of repeated exposure to mild degrees of oxygen lack at altitude appears in the quarterly bulletin of ,northwestern ,university ,medical ,school and part of the work1 insofar as its effect on the elimination of the basis in the urine is concerned1 appeared in the ,journal of ,biological ,chemistry around #aidd or #aide1 ,i am not sure of that date4 ,q4 ,theretofore1 ,witness1 you had thus made no publication in the field of aviation medicine before the papers of which you just gave the dates of publication8 ,a4 ,the question is not clear4 ,q4 ,you just gave us the titles of the publications you have published and when2 now ,i ask whether before the dates you just gave1 you did not have any publications in the field of aviation medicine8 ,a4 ,no4 ,my first research started in #aici4 ,q4 ,you1 yourself1 have carried out experiments too2 is that not so8 ,a4 ,yes4 ,q4 ,with human experimental subjects1 of course8 ,a4 ,yes1 and on myself4 ,q4 ,and with a low pressure chamber8 ,a4 ,yes4 ,q4 ,were these frequent experiments1 or were the experiments in which you1 yourself1 took part only infrequent in number8 ,a4 ,the experiments in which ,i took part were infrequent in number compared to the total number of experiments which ,i performed4 ,q4 ,did you take part in these experiments as the director of the experiments1 as the person responsible1 or were you usually the experimental subject yourself8 ,a4 ,i served in both capacities4 ,for example1 ,i have frequently gone to the altitude of #dj1jjj feet to study the symptoms of bends with an intermediate pressure device1 which we produced in our laboratory4 ,i have been to #dg1ejj feet on three or four occasions1 on one occasion at #eb1jjj feet for half an hour4 ,i have frequently been to #ah1jjj feet without supplemental oxygen in order to study the effect of the degree of oxygen lack present there for my ability to perform psycho-motor tests4 ,q4 ,can you tell us approximately during what year you began these experiments of your own8 ,a4 ,in #aici4 ,q4 #aici2 did you at this time carry out explosive decompression experiments too8 ,witness1 one moment please1 the ,english for that is 8explosive decompression40 ,that is thus the experiment in which one ascends slowly to a certain height1 let us say #h1jjj meters1 and then all at once suddenly one is brought up to a height of #ae1jjj meters2 that is1 first slowly up to #h1jjj and then suddenly to1 let us say1 #ae1jjj--that is what ,i understand under the term 8explosive decompression0 experiment1 and my question is3 whether you also carried out such experiments and if so when and to what extent8 ,a4 ,i carried out over one hundred experiments on explosive decompression in various laboratories on animals1 the rabbit1 the dog1 the pig1 and the monkey4 ,i did not serve as a subject myself in experiments on explosive decompression1 but a student who was trained with me in physiology1 ,dr4 ,j4 ,j4 ,smith1 did the first experiments on explosive decompression in which human subjects were used1 at ,wright ,field4 ,i am familiar with the work which ,dr4 ,hitchcock did on this subject at ,ohio ,state ,university in which he studied some one hundred students under conditions of explosive decompression4 ,q4 ,to what altitude1 ,witness2 to what maximum altitude did you carry your own explosive decompression experiments8 ,a4 ,in animals it was up to #ej1jjj feet2 in the case of human subjects1 the maximum was #dg1ejj with pressure breathing equipment4 ,q4 ,this altitude you reached in your own experiments4 ,now1 ,doctor1 it would interest me to know to what maximum altitude have any experiments in explosive decompression been carried in ,america2 what do you know about this maximum altitude8 ,a4 ,i believe that #dg1ejj or slightly above is the maximum4 ,q4 ,witness1 do you know the ,german ,physiologist ,dr4 ,rein2 ,professor ,rein1 do you know his name2 ,r-e-i-n from ,goettingen8 ,a4 ,yes4 ,q4 ,at the moment he is the ,ordinarius for ,physiology at ,goettingen1 he is a rector at the university and a member of the ,scientific ,advisory ,committee for the ,british ,zone4 ,on the basis of your own knowledge1 do you consider ,professor ,rein an authoritative scientist in the field of physiology and aviation medicine8 ,a4 ,i consider him an authoritative physiologist1 ,i am not acquainted with his work in the field of aviation medicine4 ,q4 ,mr4 ,president1 ,i previously put in evidence--,i want to recall that now--an expert opinion from this ,dr4 ,rein regarding ,dr4 ,ruff4 7,ruff #e1 ,ruff ,ex4 #c47 ,this expert testimony is from ,professor ,rein4 ,in your own experiments1 ,witness1 you also used conscientious objectors1 is that not so8 ,did ,i understand you correctly8 ,a4 ,yes1 in some of the experiments4 ,q4 ,will you tell us why you used conscientious objectors8 ,were they particularly adapted for these experiments2 or what was the reason for you1 as one conducting experiments1 to use especially conscientious objectors8 ,a4 ,it was their duty1 their volunteer duty to render public service4 ,they had nothing else to do but to render public service4 ,in the experiments in which we used the conscientious objectors1 they could devote their full attention to the experiments4 ,many of the subjects1 which ,i have used1 have been medical students or dental students1 who besides serving as subjects had to attend their studies in schools4 ,in the experiments we did on the conscientious objectors1 they could not attend school at the same time and carry on or perform all the tests they were supposed to perform4 ,for example1 we used a group of conscientious objectors for repeated exposure to an altitude of #ah1jjj feet without the administration of supplemental oxygen4 ,these tests involved the following of a strict diet1 they involved the performance of work tests and psycho-motor tests1 which required several hours every day to perform4 ,another group of conscientious objectors that ,i used were used for vitamin studies in relation to fatigue4 ,these conscientious objectors had to do a great deal of carefully measured work during the day as well as to perform psycho-motor tests so medical students or dental students could not be used4 ,we had to have subjects who could spend their full time on the experiments4#bh 99 99 99 99 99 ,q4 ,witness1 from the answers that you have given so far1 ,i am still not clear in my mind precisely why you hit upon conscientious objectors in particular as the experimental subjects4 ,you said there were two groups of them3 some were in prison and some had to perform public service4 ,from the latter group you took your experimental subjects1 but please give me a clear answer to the question3 ,why did you specifically use such conscientious objectors for your altitude experiments8 ,a4 ,they could devote full time to the experimental requirements4 ,they did not have to do any other work as was the case of medical students or dental students1 the only other type of subjects that ,i had available to me4 ,q4 ,doctor1 these persons were obliged to perform public service4 ,if these conscientious objectors had not been there or if they had been used for public service1 then you would not have had any experimental subjects4 ,there must be a specific reason why you specifically used conscientious objectors and ,i ask you1 please1 to tell me that reason4 ,a4 ,well1 we could not have done the experiments unless the conscientious objectors had been available4 ,that is the answer to your question4 ,q4 ,could you not have used prisoners1 even conscientious objectors who refused to do public service and were therefore in prison without doing any work8 ,could you not have used them8 ,a4 ,well1 that would have meant that ,i and my assistants would have to go to the prison which was quite a distance away4 ,the conscientious objectors could come to us at the university where they could live in the university dormitory or in the university hospital4 ,q4 ,doctor1 if your experiments were really important--perhaps important in view of the state of war--then it is difficult to understand why the experiments could not have been carried out in a prison1 let us say4 ,other experiments have been carried out in prisons to a large extent1 and on another occasion4 ,doctor1 you told us that you simply had to get in touch with the prisoners2 you simply wrote them a letter or you put up a notice on the bulletin board and then1 to a certain extent1 you had prisoners available4 ,can you give me no other information as to why you used specifically and only conscientious objectors8 ,a4 ,no4 ,if it had been convenient and necessary for me to use prisoners1 ,i believe that we could have had prisoner volunteers for this work4 ,q4 ,witness1 were you ever in a penitentiary as a visitor8 ,a4 ,yes4 ,q4 ,did you see there how the criminals condemned to death were housed8 ,a4 ,yes4 ,q4 ,are they completely at liberty there or are the criminals condemned to death locked up in their cells8 ,a4 ,they were locked up in their cells4 ,q4 ,now1 can you please tell us how a criminal condemned to death is to see the notice that you would put on the bulletin board8 ,you told us today that it was very simple--you simply put a notice on the bulletin board--and for hours now ,i have been trying to figure out how a criminal condemned to death1 who is locked up in his cell1 is going to see that notice on the bulletin board4 ,a4 ,while these prisoners are taken out for their meals1 they can pass by a bulletin board1 or a piece of paper with the statement on it which ,i read can be placed in their cells for reading or1 as a large group in the dining room1 the statement can be read to them4 ,q4 ,are criminals condemned to death together at meals in ,america8 ,so far as ,i know1 there too the criminal condemned to death is given his food through an opening in the cell door2 he cannot eat in a common mess hall4 ,a4 ,yes4 ,but you must recall that ,i did not specify that the criminals which were used for malaria experiments were prisoners condemned to death2 neither did ,i specify that if ,i were to go to a penitentiary to see if ,i could get volunteers for a nutrition experiment that ,i should select prisoners condemned to death4 ,q4 ,if you are speaking here of condemned criminals as experimental subjects1 are you speaking of criminals condemned to death or just of criminals who have just received some sentence or other8 ,a4 ,i have not used prisoners or criminals condemned to death4 ,you have been using that statement4 ,i have used prisoners4 ,q4 ,you spoke only of prisoners then8 ,a4 ,that is correct4 ,q4 ,are those prisoners in pre-trial imprisonment who have not yet been put on trial or are those prisoners who have already received some sentence8 ,a4 ,prisoners who have already received some sentence4 ,q4 ,in other words1 prisoners who have been condemned or sentenced8 ,a4 ,but not necessarily to death4 ,q4 ,yes1 other sentences1 aside from the death sentence1 included4 ,did you as a scientist interest yourself in the question of why a person was sentenced1 for what crimes he was sentenced8 ,a4 ,no1 ,i did not4 ,q4 ,did you at least concern yourself with the question whether the man was condemned1 was sentenced by a regular court or a court martial1 or an extraordinary court8 ,a4 ,none of these prisoners would have been sentenced by a court martial2 they would have been sentenced by an ordinary civilian court4 ,q4 ,how do you know8 ,did you see the personal files of these prisoners or did you see the opinions and sentences on the basis of which the prisoner had been incarcerated8 ,a4 ,only on the basis of the type of prisoner that would be incarcerated in a certain penitentiary4 ,q4 ,how do you1 as a doctor1 know exactly what sort of prisoner is incarcerated in this penitentiary and what sort of prisoner is incarcerated in another prison8 ,how do you know that8 ,a4 ,that's a matter of common knowledge to one who reads the newspapers1 the press1 and who is generally informed on such matters4 ,in a ,federal penitentiary then you might have prisoners who have been incarcerated because of court martial4 ,q4 ,are inmates of ,federal penitentiaries used for experiments too1 as far as you know8 ,a4 ,yes4 ,they may be4 ,q4 ,in other words1 political prisoners too1 that is1 prisoners who were condemned by a court martial or by another court8 ,a4 ,we have no political prisoners in the ,united ,states4 ,q4 ,are not prisoners condemned for high treason or treason and the like8 ,those are political crimes4 ,a4 ,not to my knowledge4 ,q4 ,for conspiring with the enemy during the war2 such cases have not only arisen but they have also been punished1 and you must know that from reading your newspaper1 ,professor2 those are political prisoners4 ,do you not have those in ,america8 ,a4 ,not to my knowledge4 ,q4 ,doctor1 if ,i understood you correctly1 you stated this morning that a medical experiment with fatal consequences is to be designated either as an execution or as a murder2 is that what you said8 ,a4 ,i did not say that4 ,q4 ,what did you say then8 ,a4 ,it was more or less as ,i quoted it1 as ,i remember1 ,i said that under the circumstances which surrounded the first death in high-altitude experiments at ,dachau1 which ,dr4 ,romberg is alleged to have witnessed1 ,dr4 ,rascher killed the subject2 that the death could be viewed only as an execution or as a murder2 and if the subject were a volunteer1 then his death could not be viewed as an execution4 ,q4 ,witness1 in your opinion1 is there a difference whether the experiments are to be traced back to the initiative of the experimenter himself1 or whether they are ordered by some authoritative office of the state which also assumes the responsibility for them8 ,a4 ,yes4 ,there is a difference1 but that difference does not pertain1 in my opinion1 to the moral responsibilities of the investigator toward his experimental subject4 ,q4 ,i cannot understand that1 ,doctor4 ,i can imagine that the state gives an experimenter the order1 particularly during wartime1 to carry out certain experiments1 and that in peacetime1 on his own initiative1 the researcher would not carry out such experiments unless he was ordered to by the state4 ,you must recognize this difference yourself4 ,a4 ,that does not carry over to the moral responsibility of the individual to his experimental subject4 ,i do not believe that the state can assume the responsibility of ordering a scientist to kill people in order to obtain knowledge4 ,q4 ,witness1 that is not the question4 ,i am not interested in whether the state can order some one to murder2 ,i am interested in the question whether1 in your opinion1 the state can order1 let us say dangerous experiments1 experiments in which perhaps fatalities may occur4 ,in ,america1 too1 deaths occurred several times in experiments2 what is your view on this8 ,a4 ,the state1 as far as ,i know1 in the ,united ,states of ,america has never ordered scientists to perform any experiment where death is likely to occur4 ,q4 ,doctor1 ,i did not say where death was probable1 ,i said where death is possible1 and ,i ask you to answer the question ,i put to you4 ,if deaths are probable1 then you are correct1 then it is murder4 ,if deaths are possible1 then ,i want to know what you say to that4 ,and1 let me remind you1 ,doctor1 that even in the ,american ,air ,force deaths did occur2 in other words1 death was possible4 ,a4 ,yes1 ,i agree that it is possible for deaths to occur accidentally in experiments which are hazardous4 ,as ,i said in my testimony under such conditions when they do occur1 their cause is investigated very thoroughly as well as the circumstances surrounding the death4 99 99 99 99 99 ,q4 ,witness1 you spoke yesterday of a number of experiments carried out in the ,united ,states and in other countries outside of ,germany4 ,for example1 pellagra1 swamp fever1 beri-beri1 plague1 etc4 ,now1 ,i should like to have a very clear answer from you to the following question4 ,in these experiments which you heard of partly from persons involved in them and partly from international literature1 did deaths occur during the experiments and as a result of the experiments or not8 ,professor1 ,i ask you this question because you said yesterday that you examined all international literature concerning this question and1 therefore1 have a certain specialized knowledge on this question4 ,a4 ,i also said that when one reviews the literature1 he cannot be sure that he has done a complete or perfect job4 ,so far as the reports ,i have read and presented yesterday are concerned1 there were no deaths in trench fever4 ,there were no deaths mentioned1 to my knowledge1 in the article on pellagra4 ,there were no deaths mentioned1 to my knowledge1 in the article on beri-beri1 and there were no deaths in the article1 according to my knowledge1 in ,colonel ,strong's article on plague4 ,i would not testify that ,i have read all the articles in the medical literature involving the use of human beings as subjects in medical experiments4 ,q4 ,and1 in the literature which you have read1 ,witness1 there was not a single case where deaths occurred8 ,did ,i understand you correctly8 ,a4 ,yes4 ,in the yellow fever experiments ,i indicated that ,dr4 ,carroll and ,dr4 ,lazare died4 ,q4 ,that is the only case you know of8 ,a4 ,that's all that ,i know of4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#bi ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,now1 would the extreme necessity for the large scale production of typhus vaccines and the resultant experiments on human beings in concentration camps have arisen had not ,germany been engaged in a war8 ,,defendant ,,rose3 ,that question cannot simply be answered with 8yes0 or 8no04 ,it is1 on the whole1 not very probable that without the war1 typhus would have broken out in the ,german camps1 but it is not altogether beyond the bounds of possibility because in times of peace too typhus has broken out in individual cases from time to time4 ,the primary danger in the camps is the louse danger1 and infection by lice also occurs in times of peace4 ,if typhus breaks out in a camp that is infected with lice1 a typhus epidemic can arise in peacetime too1 of course4 ,q4 ,but ,germany had never experienced any difficulty with typhus before the war4 ,isn't that right8 ,a4 ,not for many decades1 no4 ,q4 ,you stated that nine hundred persons were used in ,dr4 ,strong's plague experiments8 ,a4 ,yes1 ,i know that number from the literature on the subject4 ,q4 ,what is the usual mortality in plague8 ,a4 ,that depends on whether it is bubonic plague or lung pest4 ,in one1 namely1 bubonic plague1 the mortality can be as high as sixty or seventy percent4 ,it also can be lower4 ,in lung pest1 the mortality is just about one hundred4 ,q4 ,how many people died in ,dr4 ,strong's plague experiments8 ,a4 ,according to what his reports say1 none of them died1 but this result could not have been anticipated because this was the first time that anyone had attempted to inoculate living plague virus into human beings1 and ,strong said in his first publication in #aije that he himself was surprised that no unpleasant incidents occurred and that there was only severe fever reaction4 ,that despite this unexpectedly favorable outcome of ,strong's experiments the specialists had considerable misgivings about this procedure can be seen first of all from publications where that is explicitly stated2 for example1 two ,englishmen say that1 contrary to expectations1 these experiments went off well but nevertheless this process cannot be used for general vaccination because there is always the danger that1 through some unexpected event1 this strain again becomes virulent4 ,moreover1 from other works that ,strong later published it can be seen that guinea pigs and monkeys that he vaccinated with this vaccine died not of the plague1 but of the toxic affects of the vaccine4 ,all these difficulties are the reason why this enormously important discovery which ,koller and ,otto made in #aijc1 and ,strong in #aije1 has only been generally applied1 for all practical purposes1 since #aibf4 ,that is an indication of the care and fear with which this whole matter was first approached1 and ,strong could not know ahead of time that his experiments would turn out well4 ,i described here the enormous concern that ,strong felt during all these months regarding the fact that that might happen which every specialist feared1 viz41 that the virus would become virulent again4 ,that is an enormous responsibility4 ,q4 ,be that as it may1 nobody died4 ,that is a fact1 isn't it8 ,a4 ,if anyone did die1 the publications say nothing about it4 ,there were deaths only among the monkeys and guinea pigs that are mentioned in the publication4 ,if human beings died1 there is no mention in the publication4 ,it is generally known that if there are serious accidents in such experiments as this1 they are only most reluctantly made public4 ,q4 ,now1 ,professor1 ,i have no wish to limit you but1 as ,i understand it1 you have explained these things in considerable detail during the four days in which you have already testified4 ,if you can give a short answer to my question that is all ,i want4 ,if ,i want any further explanation ,i'll ask you for it4 ,now1 what is the normal death rate in beri-beri8 ,a4 ,that depends on the medical care given4 ,if the care is good1 the mortality is zero1 and if they have no medical care at all1 then a lot of them die4 ,q4 ,sixty to eighty percent would probably die if they were not treated4 ,is that right8 ,a4 ,beri-beri lasts for many1 many months before a person dies1 and usually one does not die of beri-beri in sixty days--that would be a severe case4 ,q4 ,how many people did ,strong use in his beri-beri experiments8 ,is twenty-nine all you know about8 ,a4 ,so far as ,i know from the literature1 the number was twenty-nine4 ,q4 ,well1 it says in the literature that he used only twenty-nine4 ,is that right8 ,a4 ,so far as ,i know1 yes4 ,q4 ,and one of those died8 ,a4 ,according to what the literature says1 one of them died4 ,q4 ,what is the mortality in typhus8 ,a4 ,that varies enormously4 ,it depends on the epidemic4 ,in some epidemics the mortality is five percent4 ,in general1 you count on a mortality of twenty percent4 ,in the ,serb-,albanian epidemic in #aiae1 there was a mortality of seventy percent1 but that mortality rate is so extraordinarily high that it is generally assumed that probably1 in reality1 there were more cases of typhus than were actually reported4 ,q4 ,well1 we could take roughly five to thirty percent as the mortality4 ,is that right8 ,a4 ,yes4 ,that is what the textbooks generally say4 ,q4 ,what was the mortality in the ,buchenwald experiments1 ,professor8 ,a4 ,in the controlled cases in the experiments that ,i knew of1 the mortality rate was thirty percent4 ,q4 ,among the controls1 you figured thirty percent8 ,a4 ,yes4 ,there were ten control persons in the first group of experiments1 and of them1 three died4 ,q4 ,three died8 ,well1 but ,i assume that you have read through the ,ding diary and let us assume for the moment that it is correct4 ,didn't you say that they also used control persons in the four or five other series of experiments8 ,a4 ,in the controlled cases where they were testing the vaccine1 the general mortality rate was thirty percent4 ,but then there were these therapeutic experiments in which1 according to the diary1 blood infections were undertaken and1 in this case1 the diary does mention an unusually high mortality rate4 ,q4 ,well1 ,professor1 for your information1 we have figured out five control series in the ,ding diary1 and ,i mean by controls those that were not treated with anything4 ,the mortality ranges between fifty-four to one hundred percent and averaged eighty-one percent4 ,do you accept those figures as correct8 ,i mean1 do you think that's right8 ,q4 ,no4 ,that does not correspond with the impression ,i got from the numbers in the diary1 but ,i did not calculate it so precisely as all that4 ,i looked at the individual experiments and it is true that1 for instance1 in these therapeutic experiments1 ,ding's work mentions a mortality of something like fifty to fifty-five percent1 and then there is one series that deals with blood infection where of twenty people1 ,i believe nineteen died4 ,q4 ,let me put it to you1 ,professor1 is it not a fact that they were not dealing with epidemic typhus in ,buchenwald1 but with a super-typhus1 developed from man to man passage1 which was much more virulent and much more deadly than any typhus you could expect in an epidemic8 ,a4 ,that ,i cannot judge because ,i have no knowledge of the work done in ,buchenwald and can only refer to what ,ding's diary says1 which ,i regard as unreliable4 ,q4 ,well1 if you regard it as reliable1 ,doctor1 and if you figure out the deaths among the untreated control persons and find a mortality which averaged eighty-one percent1 will you not1 as a scientist and an expert on tropical diseases1 concede that they had developed a highly virulent1 something we might call a super-typhus1 in ,buchenwald8 ,isn't that right1 ,professor8 ,a4 ,as a scientist1 ,i am accustomed to state my opinion on the basis of reliable documentation and not on the basis of such falsifications which are produced for a special purpose4 ,q4 ,i can appreciate that you do not regard the document as reliable1 ,professor1 but we will investigate that a little later4 99 99 99 99 99 ----- #a ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #b ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhgd-ajiaa4 #c ,see section on ,status of ,occupied ,poland under ,international ,law1 vol4 ,i1 pp4 #igd-igi4 #d ,final plea is recorded in mimeographed transcript1 #af ,july #aidg1 pp4 #aajbj-aajdh4 #e ,final plea is recorded in mimeographed transcript1 #ah ,july #aidg1 pp4 #aabfh-aabhh4 #f ,complete testimony is recorded in mimeographed transcript1 #c1 #d1 #e1 #f1 #g ,feb4 '#dg1 pp4 #bcja-bffa4 #g ,complete testimony is recorded in mimeographed transcript1 #ae1 #af ,apr4 #aidg1 pp4 #eibf-eiid4 #h ,complete testimony is recorded in mimeographed transcript1 #ab1 #ac1 #ad ,june #aidg1 pp4 #ijbi-ihbd4 #i ,closing statement is recorded in mimeographed transcript1 #ad ,july #dg1 pp4 #ajgah-ajgif4 #aj ,united ,states vs4 ,erhard ,milch4 ,concurring ,opinion of ,judge ,musmanno1 vol4 ,,ii1 sec4 ,,vii1 ,b4 #aa ,see also excerpts from the closing brief for the defendant ,karl ,brandt 7,section ,,viii ,e1 vol4 ,i1 pp4 #ihc-iij74 #ab ,final plea is recorded in mimeographed transcript1 #ae ,july #dg1 pp4 #ajhgd-ajiaa4 #ac ,art4 #ei of the ,german ,penal ,code reads3 8,if a person in committing an offense did not know of the existence of circumstances ,tatumstaende constituting the factual elements of the offense as determined by statute gesetzlicher ,tatbestand or increasing the punishment1 then these circumstances may not be charged against him4 8,in punishing an offense committed through negligence1 this provision applies only insofar as the lack of knowledge does not in itself constitute negligence for which the offender is responsible40 #ad ,complete testimony is recorded in mimeographed transcript1 #bf1 #bg1 #bh1 #ca ,march1 #a1 #b1 #c ,apr4 #dg1 pp4 #ejjj-ebdd1 #eccd-edfd4 #ae ,complete testimony is recorded in mimeographed transcript1 #ab1 #ac1 #ad1 #af ,june #dg1 pp4 #ijbi-icbd4 #af ,final plea is recorded in mimeographed transcript1 #ah ,july #dg1 pp4 #aabhi-aacji4 #ag ,final plea is recorded in mimeographed transcript1 #ag ,july #dg1 pp4 #aaabh-aaaeb4 #ah ,complete testimony is recorded in mimeographed transcript1 #bf1 #bg1 #bh1 #ca ,march1 #a1 #b1 #c ,apr4 #dg1 pp4 #ejjj-ebdd1 #eccd-edfd4 #ai ,complete testimony is recorded in mimeographed transcript1 #ah1 #ba1 #bb1 #bc1 #bd1 #be ,april #dg1 pp4 #fjha-fdhd4 #bj ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #ba ,final plea is recorded in mimeographed transcript1 #ae ,july #dg1 pp4 #ajhgd-ajiaa4 #bb ,final plea is recorded in mimeographed transcript1 #ag ,july #dg1 pp4 #aaabh-aaaeb4 #bc ,complete testimony is recorded in mimeographed transcript1 #ah1 #ba1 #bb1 #bc1 #bd1 #be ,april #aidg1 pp4 #fjha-fdhd4 #bd ,professor of ,history of ,medicine at ,erlangen ,university4 ,complete testimony is recorded in mimeographed transcript1 #bg ,jan4 #aidg1 pp4 #aifa-bjbh4 #be ,complete testimony is recorded in mimeographed transcript1 #ab1 #ac1 #ad ,june #aidg1 pp4 #ijbi-icbd4 #bf ,final plea is recorded in mimeographed transcript1 #af ,july #dg1 pp4 #ajigb-ajiid4 #bg ,complete testimony is recorded in mimeographed transcript1 #ab1 #ac1 #ad1 #af ,june #dg1 pp4 #ijbi-icbd4 #bh ,to the question of conscientious objection in the ,united ,states1 see ,section ,,viii ,e--,voluntary ,participation of ,experimental ,subjects1 cross-examination of ,dr4 ,ivy 7vol4 ,i1 p4 #idd ff474 #bi ,complete testimony is recorded in mimeographed transcript1 #ah1 #ba1 #bb1 #bc1 #bd1 #be ,april #dg1 pp4 #fjha-fdhd4 ,,ix4 ,,ruling ,,of ,,the ,,tribunal ,,on ,,count ,,one ,,of ,,the ,,indictment#cj ,,presiding ,,judge ,,beals3 ,the ,secretary ,general will note for the record the presence of all the defendants in ,court4 ,the ,tribunal will now announce its ruling on the motion of certain defendants against ,count ,i in the indictment concerning the charge of conspiracy4 ,,military ,,tribunal ,i ,count ,i of the indictment in this case charges that the defendants1 acting pursuant to a common design1 unlawfully1 willfully1 and knowingly did conspire and agree together to commit war crimes and crimes against humanity as defined in ,control ,council ,law ,no4 #aj1 ,article #b4 ,it is charged that the alleged crime was committed between ,september #aici and ,april #aide4 ,it is the ruling of this ,tribunal that neither the ,charter of the ,international ,military ,tribunal nor ,control ,council ,law ,no4 #aj has defined conspiracy to commit a war crime or crime against humanity as a separate substantive crime2 therefore1 this ,tribunal has no jurisdiction to try any defendant upon a charge of conspiracy considered as a separate substantive offense4 ,count ,i of the indictment1 in addition to the separate charge of conspiracy1 also alleges unlawful participation in the formulation and execution of plans to commit war crimes and crimes against humanity which actually involved the commission of such crimes4 ,we1 therefore1 cannot properly strike the whole of ,count ,i from the indictment1 but insofar as ,count ,i charges the commission of the alleged crime of conspiracy as a separate substantive offense1 distinct from any war crime or crime against humanity1 the ,tribunal will disregard that charge4 ,this ruling must not be construed as limiting the force or effect of ,article #b1 paragraph #b of ,control ,council ,law ,no4 #aj1 or as denying to either prosecution or defense the right to offer in evidence any facts or circumstances1 occurring either before or after ,september #aici1 if such facts or circumstances tend to prove or to disprove the commission by any defendant of war crimes or crimes against humanity as defined in ,control ,council ,law ,no4 #aj4 ----- #cj ,tr4 pp4 #ajgag-ajgah1 #ad ,july #dg4 ,x4 ,,final ,,plea ,,for ,,defendant ,,karl ,,brandt#ca ,,by ,,dr4 ,,servatius ,mr4 ,president1 your ,honors3 ,i cannot comment on all the questions which the prosecution brought up this morning4 ,i must limit myself to a few things and can refer to my closing brief where ,i have gone into considerable detail on all these questions4 ,this morning ,i heard the detailed legal arguments advanced by the prosecutor4 ,i have commented particularly on these legal questions in my closing brief1 and ,i will now merely make a few brief comments4 ,the prosecution assumes that ,law ,no4 #aj is an independent law4 ,this is not correct1 for it designates itself explicitly as a law for the execution of the ,london ,charter and declares that ,charter to be an integral part of the law4 ,now1 the sole purpose of the ,london ,charter is to punish disturbances of international legal relations1 and not what has happened or is happening somewhere within an individual state4 ,any other interpretation would put an end to the conception of sovereignty1 and it would give right of intervention into the affairs of other states4 ,in the trial before ,tribunal ,,iii1 ,case ,no4 #c1 against ,flick et al41#cb ,general ,taylor referred to an alleged right of intervention1 quoting a considerable amount of literature with regard to this right of intervention into the internal affairs of another country4 ,i have ventured to refer to the position taken concerning this by one of the four signatory powers of the ,london ,charter1 a signatory power which was itself the victim of intervention in the name of civilization1 the ,soviet ,union4 ,i have attached the said literature to part ,i of my closing brief4 ,the ,soviet ,union drew a clear inference from the intervention to which it had been exposed by the ,entente at the end of the ,first ,world ,war and obtained an alteration in the text of the ,london ,charter1 under which intervention would have been possible1 by insisting that the text1 which was ambiguous in consequence of the punctuation1 be altered by the insertion of a comma4 ,this comma was so important that the representatives of the four signatory powers met on purpose to discuss it4 ,it results therefrom that the internal affairs of a country cannot be affected by the ,london ,charter and1 consequently1 by ,law ,no4 #aj4 ,punishment by this ,tribunal of acts committed by ,germans against ,germans is therefore inadmissible4 ,the prosecution further discussed at length this morning another question1 that is the question of conspiracy4 ,i have also commented on that in my closing brief4 ,i will merely make a brief reply here to the prosecution4 ,the point of view of the defense1 that a charge of conspiracy as an independent offense is inadmissible1 was confirmed by the ,tribunal's decision of today4 ,in that way the leak in the dike1 so to speak1 was stopped1 and one cannot let the ocean pour into the land from the other side by declaring the conception of conspiracy admissible under common law4 ,the conception of conspiracy is really only a technical expedient of the jurists4 ,its purpose is to effect1 beyond the number of accomplices in the true sense of the word1 other persons who are considered deserving of punishment1 but who cannot be proved guilty of complicity4 ,this may be done where the law against conspiracy is common law4 ,if1 however1 this law is introduced in ,germany after the event and applied to facts which have occurred in the past1 this would mean that by a detour of the law of procedure new conceptions of offense would be introduced into material law4 ,this would amount to an ex post facto law and is1 therefore1 illegal according to legal principles generally recognized4 ,the purpose of enlarging the circle of participants cannot be attained under ,law ,no4 #aj by breaking up the conception of conspiracy into its component parts and introducing forms of complicity hitherto unknown in ,germany4 ,now1 ,i shall read my statement proper3 ,in the closing statement against the defendant ,karl ,brandt the prosecution discussed very little the counter-evidence brought forward by the defense in the course of the proceedings4 ,they relied to a large extent on evidence already advanced in the indictment4 ,the affidavits of the defendants themselves play a special part in support of the prosecution4 ,for the defendant ,karl ,brandt they are important with respect to his position and consequent knowledge of the event referred to in the indictment4 ,if these affidavits contain imputations they can only be used1 according to the ,tribunal's statement1 against the affiants themselves4 ,as far as they involve the defendant ,karl ,brandt1 however1 they have been clarified in respect to the decisive issues4 ,but in spite of this correction the first statements may prejudice credibility unless good reasons justify such correction4 ,here the result of interrogations made in the initial proceedings is in contradiction to the evidence given before the ,tribunal4 ,on the basis of practical experience1 ,german law considers as valid evidence only the result of an interrogation made by a judge4 ,the reason is the lack of impartiality which may be found1 quite naturally1 in the case of an interrogating official who is to conduct the prosecution4 ,the capacity of the interrogator to elicit the truth impartially depends on his character1 his training1 and his professional experience4 ,the qualification of the interrogators has been attacked here by the defense1 but the prosecution has made no effort to substantiate it4 ,in order to form a judgment it is also important to know the general lines on which the prosecution carries out its interrogations4 ,under ,german law the prosecutor also has to ascertain and put forward exculpating material when investigating a case personally or through assistants4 ,as to ,american procedure1 ,justice ,jackson clearly rejected this principle during the trial before the ,international ,military ,tribunal and said he could never serve two masters4 ,this critical view of the affidavits is confirmed by their contents1 which frequently show the struggle between the interrogator and the interrogated person4 ,he is no classical witness who says1 8,i believe10 8,i presume10 8as far as ,i remember10 and so on1 for he shows thereby that he can give no positive information4 ,and such testimony becomes completely worthless if conclusions are drawn in the form of1 8,it would have been impossible for him10 8he might have known10 8perhaps he was the highest authority10 and so forth4 ,not only individual words thus demonstrated that the testimony is composed of conclusions1 but whole parts of the reports show the same character4 ,in view of all this1 the defendants' contentions are to be believed1 that they raised objections but succumbed to the weight of the prepared record presented to them and signed1 trusting that they would have an opportunity later to clarify deficiencies and to state their true opinion4 ,this criticism of the defendants' affidavits is also called for in the case of the affidavits given by the witnesses for the prosecution4 ,facts are recorded therein which the witnesses did not know themselves1 but which they had only heard about1 and which they presumed after having been made to believe them by persuasion4 ,the individual cases in which objections are to be raised on these lines have been dealt with in the closing brief4 ,the charges advanced against the defendant ,karl ,brandt include medical experiments on human beings and euthanasia4 ,in both cases the defendant is charged with having committed crimes against humanity4 ,the press comments on the proceedings1 anticipating the sentence and publishing articles about base characters and depravity4 ,pamphlets with striking titles appear4 ,on the other hand the ,tribunal will make itself acquainted with the literature collected by the defense as evidence4 ,if one reads this literature one loses one's self-confidence and cannot conclude without admitting that these are problems which persons not considered criminals tried to solve before the defendants4 ,these are problems of the community4 ,the individual may make suggestions for their solution1 but the decision is the task of the community and therefore of the state4 ,the question is how great a sacrifice may the state demand in the interest of the community8 ,this decision is for the state alone4 ,how the state decides depends on its free discretion1 and finds its limit only in the rebellion of its citizens4 ,in obeying the orders of his state1 the defendant ,karl ,brandt did no wrong4 ,if sentence is passed against him1 it would be a political sentence against the state and the ideology it represents4 ,one can condemn the defendant ,karl ,brandt only by imposing on him the duty of rebellion and the duty of having a different ideology to his environment4 ,it is contended that the state finds its limits in the eternal basic elements of law1 which are said to be so clear that anyone could discern their violation as a crime1 and that loyalty to the state beyond these limits is therefore a crime4 ,one forgets that eternal law1 the law of nature1 is but a guiding principle for the state and the legislator and not a counter-code of law which the subject might use as a support against the state4 ,it is emphasized that no other state had made such decisions up to now4 ,this is true only to a certain extent4 ,it is no proof1 however1 that such decisions were not necessary and admissible now4 ,there is no prohibition against daring to progress4 ,the progress of medical science opened up the problem of experiments on human beings already in the past century1 and eventually made it ripe for decision4 ,it is not the first time that a state has adopted a certain attitude with regard to euthanasia with a change of ideology4 ,only the statesmen decide what is to be done in the interests of the community1 and they have never hesitated to issue such a decision whenever they deemed it necessary in the interest of their people4 ,thereupon their rules and orders were carried through under the authority of the state1 which is the basis of society4 ,inquisition1 witch trials1 and revolutionary tribunals have existed in the name of the state and eternal justice1 and the executive participants did not consider themselves criminals but servants of their community4 ,they would have been killed if they had stood up against what was believed to be newly discovered eternal justice4 ,what is the subject to do if the orders of the state exceed the customary limits which the individual himself took for inviolable according to tradition4 ,what did the airman think who dropped the first atomic bomb on ,hiroshima8 ,did he consider himself a criminal8 ,what did the statesmen think who ordered this atomic bomb to be used4 ,we know from the history of this event that the motive was patriotism1 based on the harsh necessity of sacrificing hundreds of thousands to save their own soldiers' lives4 ,this motive was stronger than the prohibition of the ,hague ,convention1 under which belligerents have no unlimited right in the choice of methods for inflicting damage on the enemy4 8,my cause is just and my quarrel honorable10 says the king4 ,and ,shakespeare's soldier answers him3 8,that's more than we know40 ,another soldier adds3 8,ay1 or more than we should seek after2 for we know enough if we know we are the king's subjects2 if his cause be wrong1 our obedience to the king wipes the crime out of us40 ,it is the hard necessity of the state on which the defense for ,karl ,brandt is based against the charge of having performed criminal experiments on human beings4 ,here also--in addition to the care for the population--the lives of soldiers were at stake1 soldiers who had to be protected from death and epidemics4 ,in ,professor ,bickenbach's experiment1 the issue was the lives of women and children who without #de million gas masks would have been as unprotected against the expected gas attack as the ,japanese were against the atomic bomb4 ,biological warfare was imminent1 even praised abroad as cheaper and more effective than the atomic bomb4 ,is it really against the law and all political morals if the state in such a situation provides for the expected emergency and orders the necessary medical experiments to be performed on its own citizens8 ,as applied to foreigners such procedure is limited in principle4 ,in my closing brief ,i have discussed the exceptions4 ,what is to be done is decided not by the physician but by the political leader4 ,even the expert ,dr4 ,ivy had to grant him the fundamental authority4 ,the question is why1 with the legal position so clear1 a man like ,keitel refused to have such experiments carried out in the ,wehrmacht1 and why some of the defendants themselves try to disprove any connection with the experiments4 ,the answer is that a measure may be as unavoidable as war and yet be abhorred in the same way4 ,unlike ,professor ,ivy1 these men certainly considered these experiments an evil1 and their desire was not to become involved in them personally1 if possible1 and not to allow troops to participate in them who should not be burdened with such questions and who had no insight into the necessity of the measures to be taken4 ,in spite of everything1 ,germany was not yet so 8communized0 that all private feelings in the individual had disappeared4 ,the prosecution opposes to this necessity the condition of absolute voluntariness4 ,it was a surprise to hear from the expert ,professor ,ivy that in the penitentiaries many hundreds of volunteers were pressing for admission to experiments1 and that more volunteered than could be used4 ,i do not want to dispose of this phenomenon with irony and sarcasm4 ,there may be people who realize that the community has the right to ask them for a sacrifice4 ,their feeling of justice may tell them that insistence on humanity has its limits4 ,if humanity means the appeal to the strong not to forget the weak in the abundance of might and wealth1 the weak should also make their contribution when all are in need4 ,but what if in the emergency of war the convicts1 and those declared to be unworthy to serve in the armed forces1 refuse to accept such a sacrifice voluntarily1 and only prove an asocial burden to state and community and bring about the downfall of the community8 ,is not compulsion by the state then admissible as an additional expiation8 ,the prosecution says 8,no04 ,according to this human rights demand the downfall of human beings4 ,but there is a mixture of voluntariness and compulsory expiation1 8purchased voluntariness40 ,here the experimental subject does not make a sacrifice out of conviction for the good of the community but for his own good4 ,the subject gives his consent because he is to receive money1 cigarettes1 a mitigation of punishment1 etc4 ,there may be isolated cases of this nature where the person is really a volunteer1 but as a rule it is not so4 ,if one compares the actual risk with the advantage granted1 one cannot admit the consent of these 8voluntary prisoners0 as legal1 in spite of all the protective forms they have to sign1 for these can only have been obtained by taking advantage of inexperience1 imprudence1 or distress4 ,looking through medical literature1 one cannot escape the growing conviction that the word 8volunteer01 where it appears at all1 is used only as a word of protection and camouflage2 it is hardly ever missing since the struggle over this problem became acute4 ,i will touch only briefly on what ,i have explained in detail in my closing brief4 ,no one will contend that human beings really allowed themselves to be infected voluntarily with venereal disease2 this has nowhere been stated explicitly in literature4 ,cholera and plague are also not minor inconveniences one is likely to undergo voluntarily for a trifle in the interest of science4 ,above all1 it is not customary to hand over children for experimental purposes1 and ,i cannot believe that in the #ac experiments carried out on a total of #bbc children1 as stated in ,document ,karl ,brandt #aag1 ,karl ,brandt ,exhibit #ajc1 the mothers gave their consent4 ,would not the mothers have deserved the praise of the scientist for the sacrifice they trustfully made in the interest of science1 praise which is otherwise liberally granted to real volunteers in reports on experiments8 ,is it not likely to have been similar to the experiments carried out by ,professor ,mc,cance8 7,karl ,brandt #ic1 ,karl ,brandt ,ex4 #bi47 ,the ,german authorities who condemn the defendants in a particularly violent form have no objection to raise here against the order to hand over weakling children to a research commission for experimental purposes4 ,the questionnaires which the ,tribunal approved for me in order to get further information about this matter have not been answered as the higher authorities did not give permission for such statements to be made4 ,this silence says enough2 it is proof of what is supposed to be legal today in the line of 8voluntariness04 ,it is repeatedly shown that the experiments for which no consent was given were permitted with the full knowledge of the government authorities4 ,it is further shown that these experiments were published in professional literature without meeting any objection1 and that they were even accepted by the public without concern as a normal phenomenon when reports about them appeared in popular magazines4 ,this happens at a time when the same press is stigmatizing as crimes against humanity the ,german experiments which were necessary in the interests of the state4 ,voluntariness is a fiction2 the emergency of the state hard reality4 ,in all countries experiments on human beings have been performed by doctors1 certainly not because they took pleasure in killing or tormenting1 but only at the instigation and under the protection of their state1 and in accordance with their own conviction of the necessity for these experiments in the struggle for the existence of the people4 ,the ,german doctor who acted in conformity with the ,german regulations can no more be punished than the ,american doctor who complied with the requests of his state in the way which is customary there4 ,justice is indivisible4 ,to what extent is the defendant ,karl ,brandt implicated in the medical experiments8 ,the prosecution says he is implicated in almost all the experiments and refers to his position and his connections4 ,they state that he was the highest ,reich authority in the medical spheres2 there1 however1 they are misled by an error in translation1 for ,karl ,brandt only had the powers1 regulated in a general way1 of an 8,oberste ,reichsbehoerde0 ,supreme ,reich ,authority1 and the practice of those powers was restricted to special cases4 ,this is apparent from the three known decrees and from the explanation thereof given by witnesses4 ,moreover1 ,karl ,brandt was not given these functions until #aidd when these experiments were practically finished1 as is shown by the time schedule submitted to the ,tribunal for comparison4 ,it has been proved that the defendant ,karl ,brandt himself1 in a broadcast1 publicly called his position as ,reich ,commissioner a 8,differential04 ,in fact1 ,karl ,brandt's task was not to order but to adjust2 it was a task designed to fit his character4 ,we have also learned from the presentation of evidence that the defendant ,karl ,brandt did not have the machinery at his disposal for issuing orders which was necessary for a supreme ,reich authority2 he lacked the staff and the means4 ,no one who is acquainted with a government administration will think it possible that1 under these circumstances1 the defendant ,karl ,brandt might have been able to enforce his point of view against the resistance of the old agencies2 no one will even think it probable that anything would have been done to facilitate such an attempt by the 8new master04 ,consequently1 ,karl ,brandt's position was not such as to justify the conclusion drawn by the prosecution as to his general knowledge4 ,there was no official channel by which everything was bound to come to his knowledge1 for he was not the superior of other authorities4 ,it is true that the defendant ,karl ,brandt was supposed to be informed about fundamental matters1 that he had the right to intervene1 and so on4 ,but these were only possibilities1 not in conformity with conditions in practice4 ,we have seen that ,conti opposed him and that ,himmler prohibited direct contact with ,karl ,brandt within his sphere4 ,therefore ,karl ,brandt can be brought into connection only with the events in which he participated directly4 ,here it is first of all striking that the defendant ,karl ,brandt1 who is supposed to have been the highest authority1 appears only very rarely4 ,there are three so-called troop experiments3 the testing of drinking water1 concentrated food1 and an ointment for burns4 ,further1 three medical experiments are connected with the defendant ,karl ,brandt4 ,the hepatitis experiments1 which he is said to have suggested1 were not carried out4 ,while that research was continued during the following years1 ,karl ,brandt1 who is said to have sponsored it particularly1 is mentioned by none of the numerous witnesses and experts1 and his name is not mentioned in any document4 ,is it not1 therefore1 a plausible explanation that ,grawitz confused the names8 ,the second case is the request to hand over #aj prisoners for two days for an experiment not named4 ,this cannot refer to a real medical experiment1 for such an experiment cannot be carried out in such a short time with the necessary tests and observations4 ,the speedy return of the experimental subjects indicates that the experiment was not dangerous4 ,finally1 the defendant ,karl ,brandt is connected with the phosgene experiments by ,bickenbach1 which caused the death of four ,germans sentenced to death4 ,but precisely here ,bickenbach's affidavit shows that the defendant ,karl ,brandt was outside the whole framework of the experiment in ,himmler's sphere1 and that he was merely approached to mediate4 ,the order came from ,himmler4 ,the experiments must have seemed innocuous to the defendant ,karl ,brandt since ,bickenbach wanted to carry them out on himself4 ,on the other hand1 there was the state emergency and the enormous importance of the discovery that the taking of a few urotropin tablets might give the ardently desired protection to all against the expected gas attack and1 as the result of the experiment shows1 actually did so4 ,now the prosecution endeavors to establish a connection of ,karl ,brandt with the other experiments via the ,reich ,research ,council4 ,it is true that one can establish such a connection theoretically on paper1 but the links of the chain break when one examines them closely4 ,only the head of the specialized department decided on the so-called research assignments1 and he only investigated whether the aim was necessary for war1 not how the experiment was to be carried out4 ,he could not inform others of matters about which he did not know himself4 ,the defendant ,karl ,brandt is further charged with not having protested in one case when he heard about deaths caused by experiments on persons sentenced to death in the well-known lecture on sulfanilamide4 ,i must point out that even if this experiment had been inadmissible1 silence would not be a crime1 for assent after the act is without importance in criminal law1 and one can only be connected with plans and enterprises as long as they have not been concluded4 ,now the prosecution has introduced in its closing brief a new charge holding the defendant ,karl ,brandt responsible for negligence4 ,in this respect ,i should like to point out that no indictment for negligence has been brought in1 and that the concept of crime against humanity committed by negligence cannot exist4 ,therefore1 it will be sufficient to emphasize that the alleged negligence depends on the existence of a duty of supervision and the right to give orders through other agencies4 ,in every state the spheres of competence are separated1 and it is not possible for everyone to interfere in everything on the basis that everyone is responsible for everything4 ,the prosecution says that the defendant ,karl ,brandt ought to have used his influence and availed himself of his intimate relations with ,hitler to stop the experiments4 ,even presuming that he was aware of the facts as crimes1 his guilt would not be of a legal1 but only of a political or moral nature4 ,until now nobody has been held criminally responsible for the conduct of a superior or a friend2 the question of criminal law1 however1 is the only one the ,tribunal has to consider4 ,as a matter of fact this close relationship did not exist4 ,the defendant ,karl ,brandt was the surgeon who had to be in attendance on ,hitler2 ,dr4 ,morell1 the latter's personal physician1 soon tried to undermine the confidence placed in ,karl ,brandt so that he was given commissions which removed him further and further from the sphere of his medical activity4 ,the alleged intimate relations were eventually crowned by the dictation of a death sentence against ,karl ,brandt without his having been granted even a hearing on the charges advanced against him4 ,if one sums up everything relating to the medical experiments and follows to a large extent the charges of the prosecution1 it is an established fact that it is not shown that the defendant ,karl ,brandt participated in any way in experiments on prisoners of war and foreigners1 or that he was cognizant of them4 ,therefore1 no war crime or crime against humanity has been committed1 and consequently punishment under ,law ,no4 #aj is excluded4 ,i refer in this connection to the legal arguments in my closing brief4 ,the second problem is euthanasia4 ,the authorization of #a ,september #aici was issued before the period of the medical experiments1 at a time when the defendant ,karl ,brandt was still closely attached to the ,fuehrer's headquarters and to ,hitler as an accompanying physician4 ,in my closing brief ,i have explained in detail that the defendant ,karl ,brandt did not participate in the ,action #ad f #ac1 with the 8special treatment0 of prisoners in concentration camps1 occurrences which were given the name of euthanasia only here in the trial4 ,neither did the defendant ,karl ,brandt take any part in the extermination of ,jews in ,auschwitz1 which again has nothing in common with the idea of euthanasia4 ,i have further shown that the so-called 8wild euthanasia01 which was carried out simultaneously with and immediately after legal euthanasia1 was not instigated by ,karl ,brandt4 ,the stopping of euthanasia in ,august #aida has been proved1 and therefore that was the end of the defendant ,karl ,brandt's duties2 for what would have been the meaning of this cessation if1 after it1 increased activity was to set in8 ,the contacts of ,karl ,brandt after the cessation have been clarified as being the consequence of his activities connected with evacuation for air protection4 ,where the name of the defendant ,karl ,brandt is mentioned otherwise1 it obviously serves only as means of information for uninformed people who never saw or heard anything of him themselves4 ,i shall deal here with euthanasia only to the extent that it is officially dealt with under the ordinance of #a ,september #aici4 ,concerning the 8,reich committee01 ,i refer to my closing brief4 ,the presentation of evidence has established that the defendant ,karl ,brandt actually had no 8administrative and medical office0 from which the whole organization might have been administered4 ,on the contrary1 it is a fact that ,bouhler declared himself solely responsible for the procedure2 this is testified to by unequivocal documents4 ,nor has any regulation or instruction become known which was issued by ,karl ,brandt4 ,not a single document was signed by him4 ,he made no speeches and conducted no discussions4 ,but what did he do and what was his duty8 ,his duty was not to carry out euthanasia2 he was only to be informed in special cases in order to be able to report to ,hitler4 ,this was in conformity with the existing conditions--his presence at and simultaneous attachment to the ,fuehrer's headquarters1 and to ,hitler4 ,only once was ,karl ,brandt seen active1 and that is in the negotiations with ,pastor von ,bodelschwingh1 which led to the result1 amazing for us1 that the defendant ,karl ,brandt won ,bodelschwingh's sympathy1 and after the collapse the latter said in a radio interview that ,brandt was an idealist but not a criminal4 ,but the defendant ,karl ,brandt took note of interrogation forms1 he inspected a registrar's office1 and he co-signed the authority for physicians to execute euthanasia4 ,what could the defendant ,karl ,brandt learn from the forms8 ,the prosecution thinks that ,jews and foreigners were to be affected in the first instance4 ,the affidavit by the director of the ,jewish lunatic asylum1 in which all the insane ,jews of ,germany were concentrated1 proves that this was not the case4 ,the prosecution says that all persons unfit for work were to be killed as 8useless eaters04 ,but it is a fact that even work-houses were requested to give information only about cases of really grave insanity4 ,what did the defendant ,karl ,brandt know about the procedure8 ,he knew that the authorization which was issued was not an order given to the doctor1 but only conferred on him the right to act on his own responsibility after the most careful consideration of the patient's condition4 ,this was a clause inserted in the ordinance of #a ,september #aici on ,karl ,brandt's initiative4 ,the defendant ,karl ,brandt knew that the specialists1 whom he did not know1 were chosen by the ,ministry of the ,interior1 and that the experts were eminent men in their special spheres4 ,the defendant ,karl ,brandt also knew that the authorities concerned saw no reason to object to the execution of the measure1 and that even the chief jurists of the ,reich declared the legal foundations to be irreproachable1 after having been informed of the facts4 ,within this framework the defendant ,karl ,brandt approved of official euthanasia and supported it4 ,but the prosecution even calls euthanasia a thousand-fold murder4 ,in their opinion there was no formal law1 and it is alleged that the expert ,dr4 ,lammers confirmed this4 ,yes1 but he also stated that even an informal ordinance was valid4 ,even an order issued by the ,fuehrer had the force of law1 as can be clearly seen from the indisputable effects of such orders1 in particular in relation to foreigners4 ,but for the defendant ,karl ,brandt it is of no importance whether the ordinance of #a ,september #aici was actually valid or not2 the only important thing is that he had reason to believe it was valid and that he could rely on this opinion4 ,german courts have already dealt with cases of the practice of euthanasia2 but these cases occurred after the official procedure had been stopped1 as at ,hadamar1 or after persons had been killed who could never have come under the powers conferred by the ordinance1 or other crimes were committed4 ,it should be observed that these sentences always confirm the base motives of the offenders4 ,on the other hand1 these courts were concerned with the question of public law only to the extent that they confirm that no formal law was available4 ,in one case the court restricted itself to information given by a member of the prosecution staff in the trial before the ,international ,military ,tribunal4 ,the real objections to euthanasia are not based on a formal point of view1 but rather on the same reasons which are advanced against the admissibility of the medical experiments4 ,even an insane person of the lowest grade may not be killed it is said4 ,no human being may presume to kill another human being4 ,but the right to kill in war is accepted in international law1 and public law allows the suppression of a revolt by violence4 ,what prevents the state from ordering killing in the sphere of euthanasia too8 ,the answer is that there is no motive which might justify an action of this kind4 ,the economic motive of eliminating 8useless eaters0 is certainly not sufficient for such measures4 ,such a motive was never upheld by the defendant ,karl ,brandt2 it was apparently mentioned by others as an accompanying contingency and later taken up by counter propaganda4 ,the defendant ,karl ,brandt considered the motive of pity for the patient to be the decisive one4 ,this motive is tacitly accepted for euthanasia on the deathbed1 and doctors in all countries increasingly acknowledge it4 ,in former times the courts were repeatedly concerned with killings committed out of pity1 and in sensational trials1 juries found offenders not guilty who freed their nearest relatives from the torment of life4 ,who would not have the desire to die while in good health rather than to be forced by all the resources of medical science to continue life degraded to an animal's existence6 ,only misguided civilization keeps such beings alive2 in the normal struggle for existence ,nature is more charitable4 ,but the legislator has hitherto refrained from giving authority to kill in such cases4 ,but he can solve the problem if he wants to4 ,the reasons for his restraint are exactly those which led in this case to the disguising of those measures and to the secrecy observed4 ,there is the fear of base intrigues concerning inheritance1 the mental burden of the relatives1 and so on4 ,the individual does not want to bear this burden1 nor is he able to do so4 ,it can be taken over only by the state1 which is independent of the desires of those concerned4 ,that such is the will of the great majority of those who really come into touch with these problems was shown by the result of the inquiry conducted by ,professor ,meltzer1 which has been offered in evidence4 ,it was carried out by him many years ago in order to obtain an argument against euthanasia and its principal supporters1 ,binding and ,hoche4 ,he obtained the reverse of what he had himself expected as an expert4 ,but ,i see a third motive which unconsciously plays an important part2 it is the idea of sacrifice4 ,a lunatic may cause the mental and economic decay of a family and also ruin it morally4 ,if healthy human beings make great sacrifices for the community and lay down their lives by order of the state1 the insane person1 if he could arouse himself mentally and make a decision1 would choose a similar sacrifice for himself4 ,why should not the state be allowed to enact this sacrifice in his case and impose on him what he would want to do himself8 ,is the state to be forbidden to carry out such euthanasia until the whole world is a hospital1 while the creatures of nature keep unblemished through what is believed to be the brutality of ,nature8 ,the decision as to whether such an order given by the state is admissible or not depends on the conception of the social life of mankind and is1 therefore1 a political decision4 ,neither the defendant ,karl ,brandt nor anyone else who participated in legalized euthanasia would ever have killed a human being on his own authority1 and in the ,german sentences passed the blameless former life of the persons stigmatized as mass-murderers is always emphasized4 ,this is a warning to be cautious4 ,did they really commit brutalities1 or were they sentenced only because they were not in a position to swim against the tide of times and to oppose it with their own judgment8 ,a ,christian believing in dogma will turn away in pity from this way of thinking4 ,but if the order to use euthanasia to the desired limited extent was really in such contradiction to the commandment of ,god that everyone could realize it1 then it is incomprehensible why ,hitler1 who never withdrew from the church1 was not excommunicated4 ,this must remove the burden of guilt which one now wants to pile up4 ,then humanity would have clearly realized at the time that in this devilish struggle man cannot prevail for ,god stands for ,justice4 ,if there are offenders there are many co-offenders1 and one understands ,pastor ,niemoeller saying3 8,we are all guilty40 ,this is a moral or a political guilt1 but cannot be shifted to a single person as criminal guilt4 ,i have thus shown the fundamental lines along which the actions of the defendant ,karl ,brandt have to be judged4 ,the primary consideration for the judgment of this ,tribunal is that no prisoners of war or foreigners were submitted to euthanasia with the knowledge or the desire of the defendant ,karl ,brandt4 ,thus the defendant ,karl ,brandt cannot be punished under ,law ,no4 #aj on this count either4 ,what happened between ,germans is not subject to the decision of this ,tribunal4 ,finally1 the defendant ,karl ,brandt is also charged with having been a member of the ,,ss1 an organization which has been declared criminal4 ,evidence to show that the defendant ,karl ,brandt knew of a criminal aim of this organization and approved of it must be brought by the prosecution4 ,a reference to the general assertions in these proceedings is not sufficient proof1 for precisely here the prosecution cannot prevail with their assertions in regard to ,karl ,brandt4 ,as to the details1 ,i refer to the statements made in my closing brief4 ,the fact that the defendant ,karl ,brandt was the only member of the ,,ss who at the same time retained his position as a medical officer in the army shows that his honorary rank in the ,,ss was really only a formality1 and that he was no true member of this organization4 ,when the defendant ,karl ,brandt testified here that he wore the uniform of the ,,ss with pride1 this only shows that he1 like the majority of the ,,ss men1 knew nothing about the criminal aims4 ,in judging the organization of the ,,ss1 the ,international ,military ,tribunal was aware only of a small part of the whole1 looking1 so to speak1 through a keyhole into a dark corner4 ,nor could the defendant ,karl ,brandt have any personal knowledge of ,himmler's secrets1 for ,himmler rejected him personally1 as is shown by a number of affidavits4 ,since the defendant ,karl ,brandt could not obtain information even in his own sphere of medicine1 how is he to have obtained knowledge of other matters8 ,i do not want to repeat the affidavits which give information about the basic attitude of the defendant ,karl ,brandt and show that he adopted an attitude which was incompatible with the mentality supposed to be typical of the ,,ss4 ,in this connection ,i merely refer to the statements made by ,pastor ,bodelschwingh1 ,dr4 ,gerstenmaier1 ,meyer-,bockhoff1 ,philipp ,prince of ,hesse1 and others4 ,if ,i1 as the defense counsel1 consider ,karl ,brandt's conduct as a whole and see the wounds he has received in the struggle of life1 ,i must acknowledge that he is a man and not a criminal4 ,for the ,tribunal's decision1 however1 the only conclusive fact is that the defendant ,karl ,brandt did not disturb the circle of international law1 for he committed no war crimes and consequently no crimes against humanity4 ,i1 therefore1 ask that defendant ,karl ,brandt be acquitted4 ----- #ca ,final plea is recorded in mimeographed transcript1 #ad ,july #dg1 pp4 #ajgig-ajhag4 #cb ,united ,states vs4 ,friedrich ,flick et al4 ,see vol4 ,,vi4 ,,xi4 ,,final ,,statements ,,of ,,the ,,defendants1 #ai ,,july #aidg ,a4 ,final ,statement of ,defendant ,karl ,brandt#cc ,there is a word which seems so simple--order2 and how colossal are its implications4 ,how immeasurable are the conflicts which hide behind the word obey4 ,both affected me1 obey and order1 and both imply responsibility4 ,i am a doctor and on my conscience lies the responsibility of being responsible for men and for life4 ,quite dispassionately the prosecution has brought the charge of crime and murder and they have raised the question of my guilt4 ,it would have no weight if friends and patients were to shield me and speak well of me1 saying ,i had helped and ,i had healed4 ,there would be many examples of my actions during danger and my readiness to help4 ,all that is now useless4 ,as far as ,i am concerned ,i shall not evade these charges4 ,but the attempt to vindicate myself as a man is my duty towards all who believe in me personally1 who trusted in me and who relied upon me as a man as well as a doctor and a superior4 ,no matter how ,i was faced with the problem1 ,i have never regarded human experiments as a matter of course1 not even when no danger was entailed4 ,but ,i affirm the necessity for them on grounds of reason4 ,i know that opposition will arise4 ,i know things that disturb the conscience of a medical man1 and ,i know the inner distress that afflicts one when ethics of every form are decided by an order or obedience4 ,it is immaterial for the experiment whether it is done with or against the will of the person concerned4 ,for the individual the event seems senseless1 just as senseless as my actions as a doctor seem when isolated4 ,the sense lies much deeper than that4 ,can ,i1 as an individual1 detach myself from the community8 ,can ,i remain outside and do without it8 ,could ,i1 as a part of this community1 evade it by saying ,i want to live in this community1 but ,i don't want to make any sacrifices for it1 either of body or soul8 ,i want to keep a clear conscience4 ,let them see how they can get along4 ,and yet we1 that community and ,i1 are somehow identical4 ,thus ,i must suffer these contradictions and bear the consequences1 even if they remain incomprehensible4 ,i must bear them as my lot in life1 which allocates to me its tasks4 ,the meaning is the motive--devotion to the community4 ,if on its account ,i am guilty1 then on its account ,i will be answerable4 ,there was war4 ,in war1 efforts are all alike4 ,its sacrifices affect us all4 ,they were incumbent upon me4 ,but are those sacrifices my crime8 ,did ,i tread on the precepts of humanity and despise them8 ,did ,i pass over human beings and their lives as if they were nothing8 ,men will point at me and cry 8euthanasia01 and falsely1 8the useless01 8the incapable01 8the worthless04 ,but what actually happened8 ,did not ,pastor ,bodelschwingh1 in the middle of his work at ,bethel last year1 say that ,i was an idealist and not a criminal8 ,how could he say that8 ,here ,i am1 subject of the most frightful charges1 as if ,i had not only been a doctor1 but also a man without heart or conscience4 ,do you think that it was a pleasure to me to receive the order to permit euthanasia8 ,for #ae years ,i had toiled at the sickbed and every patient was to me like a brother4 ,i worried about every sick child as if it had been my own4 ,my personal lot was a heavy one4 ,is that guilt8 ,was it not my first thought to limit the scope of euthanasia8 ,did ,i not1 the moment ,i was included1 try to find a limit and demand a most searching report on the incurables8 ,were not the appointed professors of the universities there8 ,who could there be who was better qualified8 ,but ,i do not want to speak of these questions and of their execution4 ,i am defending myself against the charge of inhuman conduct and base intentions4 ,in the face of these charges ,i fight for my right to humane treatment6 ,i know how complicated this problem is4 ,with the utmost fervor ,i have tortured myself again and again1 but no philosophy or other wisdom helped me here4 ,there was the decree and on it there was my name4 ,it is no good saying that ,i could have feigned sickness4 ,i do not live this life of mine in order to evade fate if ,i meet it4 ,and thus ,i assented to euthanasia4 ,i fully realize the problem2 it is as old as mankind1 but it is not a crime against man nor against humanity4 ,it is pity for the incurable1 literally4 ,here ,i cannot believe like a clergyman or think as a jurist4 ,i am a doctor and ,i see the law of nature as being the law of reason4 ,in my heart there is love of mankind1 and so it is in my conscience4 ,that is why ,i am a doctor6 ,when ,i talked at the time to ,pastor ,bodelschwingh1 the only serious admonisher ,i knew personally1 it seemed at first as if our thoughts were far apart2 but the longer we talked and the more we came into the open1 the closer and the greater became our mutual understanding4 ,at that time we were not concerned with words4 ,it was a struggle and a search far beyond the human sphere4 ,when the old ,pastor ,bodelschwingh left me after many hours and we shook hands1 his last words were3 8,that was the hardest struggle of my life40 ,for him as well as for me that struggle remained2 and the problem remained too4 ,if ,i were to say today that ,i wish this problem had never come upon me with its convulsive drama1 that would be nothing but superficiality in order to make me feel more comfortable in myself4 ,but ,i am living in these times and ,i see that they are full of antitheses4 ,somewhere we all must make a stand4 ,i am fully conscious that when ,i said 8,yes0 to euthanasia ,i did so with the deepest conviction1 just as it is my conviction today1 that it was right4 ,death can mean deliverance4 ,death is life--just as much as birth4 ,it was never meant to be murder4 ,i bear a burden1 but it is not the burden of crime4 ,i bear this burden of mine1 though with a heavy heart1 as my responsibility4 ,i stand before it1 and before my conscience1 as a man and as a doctor4 ,b4 ,final ,statement of ,defendant ,handloser#cd ,during my first interrogations here in ,nuernberg1 in ,august #aidf1 the interrogator declared to me3 ,first1 you have been the ,chief of the ,army ,medical ,service4 ,whether or not you knew of inadmissible experiments does not matter here4 ,as the ,chief1 you are responsible for everything4 ,secondly1 do not make the excuse that among other nations the same or similar things have happened4 ,we are not concerned with that here4 ,the ,germans are under indictment1 not the others4 ,thirdly1 do not appeal to your witnesses4 ,they1 of course1 will testify in your favor4 ,we have our witnesses1 and we rely upon them4 ,those were the guiding principles of the prosecution up to the last day of these proceedings4 ,they have remained incomprehensible to me1 because ,i always believed a criminal to be a man who did wrong1 and because ,i was of the opinion that even the prosecution endeavored to be objective1 at least after the end of the presentation of evidence4 ,the final plea by the prosecution1 however1 has shown me that ,i made a mistake4 ,the speech by the prosecution did not take into account the material submitted in evidence1 but it was a summarized repetition of one-sided statements by the prosecution without taking into account that which was submitted in the course of the presentation of evidence in my case4 ,i am quite convinced that the high ,tribunal has gained a true impression of my activity and of my attitude4 ,just as ,i have tried throughout my entire life to fulfill the tasks allotted to me by fate according to the best of my capacity and in the full knowledge of my responsibility1 so have ,i also tried to stand this most serious task before this ,court with the aid of the strongest weapon which ,i possess--that is the truth4 ,if there is anything which could console me for the mental suffering of the last months1 it is the consciousness of knowing that before this ,court1 before the ,german people1 and before the people of the world1 it has been made clear that the serious general charges of the prosecution against the ,medical ,corps of the ,german ,armed ,forces have been proved to be without any foundation4 ,it can be seen how unjust these charges were by the fact that no charges have been raised or any proceedings initiated against a single leading doctor of the ,german ,armed ,forces in combat or at home4 ,as the last ,medical ,inspector of the ,army1 and as ,chief of the ,medical ,service of the ,armed ,forces of ,germany1 ,i think with pride of all the medical officers to whose untiring devotion countless wounded and sick patients of this dreadful war owe their lives and cure and their possibilities of existence4 ,never and nowhere were the losses of an army medical corps greater than those among the medical officers of the ,german ,armed ,forces in carrying out their duties4 ,more than #aej years ago1 the motto and guiding principle created for ,german military doctors and their successors was 8,scientiae1 ,humanitati1 ,patriae0 7,for ,science1 ,humanity1 and ,fatherland74 ,like the medical officers in their entirety ,i also have remained true to that guiding principle in thought and in deed4 ,realizing the outcome of the events of these recent times1 may the joint endeavors of all the nations succeed in avoiding in future the immeasurable misfortune of war1 the dreadful side of which nobody knows better than the military doctor4 ,c4 ,final ,statement of ,defendant ,rostock#ce ,i have nothing to add to the pertinent statements by my defense counsel1 ,dr4 ,pribilla1 regarding the individual points of the indictment in this trial2 but with regard to the general position of ,german medical science during this war1 there are a few words1 which ,i would like to say from this dock4 ,during my direct examination ,i have already stated why ,i1 as the ,chief of the so-called 8,science and ,research0 department undertook to work for medical science as late as #aidc and #aidd4 ,at that time the problem was to avoid1 or at least to minimize1 the great and acute danger of teaching and research1 and with that ,germany's universities1 becoming completely destroyed4 ,when this had been prevented at the very last moment1 there arose the task and the duty of improving the means and the possibilities of basic research which had been more and more restricted in the course of the war1 and through dwindling resources research in ,germany would have come to a standstill4 ,due to the chaotic development of the last year of the war1 success was comparatively small4 ,there were1 however1 some results and there were a few things which were saved after the end of the war4 ,today through the evidence produced in this trial1 ,i know the reasons which paralyzed the work at the time4 ,it was the striving for power on the part of certain organizations which used the effective support of certain executive departments of the ,third ,reich who held unrestricted power4 ,it was the principle of totalitarianism which these organizations followed particularly in the case of what they called the 8university science04 ,it was there1 however1 that we had founded the tradition of ,german science recognized the world over4 ,in contrast to that1 their aim1 as shown in some of the testimonies given in this trial and some of the documents submitted1 was to found a 8politically directed science0 of their own4 ,that was the reason why my personal efforts and those of the health and medical services1 which ,i have referred to in this trial1 did not achieve complete success4 ,today1 at the end of this trial1 that is now clear to me4 ,at that time1 in the year #aidd1 we did not know of this masterly camouflaged and1 therefore1 so very dangerous opponent to that branch of science with which ,i myself had grown up4 ,throughout my life ,i have never worked for one form of a state or another1 or for any political party in ,germany1 but simply and solely for my patients and for medical science4 ,d4 ,final ,statement of ,defendant ,schroeder#cf ,it is very difficult for a defendant to find the right final words here4 ,in methodical1 detailed work throughout the last months1 the defense has tried to rebut the charges of the prosecution4 ,when now the prosecution states in its final plea that details do not matter so much1 but that the entire complex of questions has to be considered as a whole1 that one has to look at matters as at a bundle of sticks1 not as individual branches and twigs of the bundle4 ,if1 furthermore1 the prosecution refers to a sentence pronounced in the ,far ,east by an ,american ,military ,court1 by which a ,japanese general and military commander was sentenced only because1 as a commander1 he bore the responsibility for all the acts of his troops1 regardless of whether he ordered them1 knew of them1 approved of them1 or did not even know of them--if1 gentlemen of the ,tribunal1 these principles are decisive for proceedings1 then ,i have to ask1 why bother at all to start proceedings of that kind1 to prepare them1 and to carry them out8 ,those decisions could be made much more quickly4 ,what can ,i1 as a defendant1 bring against these arguments8 ,that can be said in a few words3 myself1 my work1 my acts as a doctor and a soldier in #ce years of service4 ,not the craving for glory and honor was the purport of my life's work1 but the firm intention to put my entire capacity1 my full knowledge1 into the service of my beloved ,fatherland2 to help the soldier1 as a physician1 to heal the wounds caused by wartime and peacetime service1 both as a physician for the individual1 as well as a medical officer for the mass of troops which were in my care4 ,that was the aim and object of my work4 ,i do not believe that ,i have deviated from that path4 ,my eyes always looked towards the final goal3 to help and to heal4 ,e4 ,final ,statement of ,defendant ,genzken#cg ,during my testimony ,i stated before the ,tribunal that ,i took no part in the types of experiments of which ,i am accused4 ,i have nothing to add to what my defense counsel ,dr4 ,merkel has said4 ,i have striven to lead a decent life as a doctor and as a soldier4 ,if my fatherly concern for my #b1ejj doctors and #cj1jjj men of the ,medical ,service of the ,waffen ,,ss was mentioned here in this courtroom1 it is nevertheless my duty to speak from this place on behalf of those men who1 in the majority1 were decent and brave doctors and medical attendants4 ,i am proud to have been their leader1 a leader of those who sacrificed their lives and blood with unceasing fervor to help me in building up the organization of the ,medical ,service of the ,waffen ,,ss1 and to overcome the tremendous losses among the ranks of our comrades at the front4 ,the soldiers of the ,waffen ,,ss have proved to history--in the focal points of uncounted battles during an uneven struggle--that they could rank among the finest troops on this earth as far as training1 efficiency1 readiness of sacrifice1 soldierly valor1 and contempt of death were concerned4 ,actions of modern warfare have presented to some extent a picture of murder and horror on both sides4 ,who dares to raise his head before ,god and gainsay that8 ,the men of the ,waffen ,,ss went as vanquished into captivity1 out of unimaginable physical and mental war distress4 ,that captivity was not free of bloodshed1 ill-treatment and degradation of various kinds4 ,to the men of the ,waffen ,,ss there was added to the weight of such captivity the frightful realization of the fact that their supreme commander1 ,himmler1 had misused their cloak of honor and deceived them1 that they had been cheated and then deserted by him4 ,these decent men of the front ,waffen ,,ss certainly did not deserve that fate1 the fate of being branded as members of a criminal organization4 ,my request and my wish is that our former opponents should realize the honest idealism of these victims1 do justice to it1 and give them back belief in justice4 ,f4 ,final ,statement of ,defendant ,gebhardt#ch ,i wish to thank the high ,tribunal for having granted me an opportunity1 in the witness box1 to describe my personal position in #aidb in such detail4 ,the historical situation at that time placed me in a totalitarian state which1 in turn1 placed itself between the individual and the universe4 ,virtues in the service of the state were paramount virtues4 ,beyond that ,i do not know anywhere where the intellect was not debased as a tool for war4 ,everywhere1 in some way values and solutions were put into the service of the war4 ,and here again1 in the intellectual field1 the first step is the decisive one4 ,i may be permitted to recall that in the war of nerves1 it was propaganda with and for 8medical preparations0 which caused the first step1 the order to examine the question of sulfanilamides4 ,in my final statement today may ,i be permitted to describe my entire attitude4 ,in doing so1 ,i may perhaps utilize the most important of the four ,american freedoms1 that is to say the freedom of speech1 until the very end in such a way that ,i will refrain from any denunciation or from incriminating others4 ,without exaggerating the importance of my own person1 a physician can only be measured according to his conception of medical science4 ,basically1 ,i was neither a cold technical specialist nor a pure scientist4 ,i believe that ,i have always tried1 for example when carrying out surgical experiments1 to see every disease as a human condition of suffering4 ,i did not look on my task as something to serve my own advantage1 or as a cheap gesture of theoretical pity1 but as a personal active support to the trembling existence of the suffering patient4 ,my goal as a physician was not so much purely technical therapy for the individual patient1 as therapeutical care for the particularly underprivileged group of the poor1 the children1 the cripples1 the neurotics4 ,i am anxious that it should be believed that it was not due to moral baseness nor to the selfish arrogance of the scientist that ,i came into contact with experiments on human beings4 ,on the contrary1 during the entire period in question ,i had experiments in my field of research carried out on animals4 ,it was only because ,i was the competent responsible surgical expert that ,i was informed about the imminent experiments on human beings in my field of surgery1 which had been ordered by the state authorities4 ,after the order had been given1 it was no longer a question of stopping these experiments1 but the problem was the method of their execution4 ,my problems as an expert consisted of the following3 ,for one1 the experiments that had been ordered had to be of practical scientific value1 for the purpose of testing immunization to protect thousands of injured and sick4 ,on the other hand1 ,i considered humane safety measures for the experimental subjects most important4 ,the main point for me was never the purpose and the object of the experiments1 but the manner in which they were carried out4 ,to realize that in a humane way ,i did not remain aloof and restrict myself to theoretical instruction in the field of surgery1 but ,i myself took part1 with my clinic and with all its safety measures4 ,i hope that this will show that in carrying out experiments ,i tried with the best of intentions to act primarily in the interest of the experimental subjects4 ,we did not take advantage of the unlimited opportunities given us by ,himmler1 that is to say1 the surgical experiments were not followed by others4 ,i believe that as far as was possible at that chaotic period ,i fulfilled my duty as an expert1 because these experiments did not increase in the field of surgery in spite of the crescendo of the catastrophic policy4 ,my desire was to help and not to give a bad example4 ,in seeing my responsibility in this way ,i1 of course1 made a decision for myself4 ,i hope that hitherto ,i have always faced criticism1 even from foreign countries1 without any secrecy1 but also without any feeling of guilt for my activities as an expert4 ,through these activities1 however1 as a military physician1 not through my own initiative1 ,i was brought into contact with concentration camps4 ,i can understand how heavily that deadly shadow must lie upon anyone who was ever active there4 ,in the ghostly phenomenon of that sphere1 which at that time was unknown to me as well1 we can now in retrospect begin to realize the frightfulness of the negative ideology of extermination becoming combined secretly with the negative selection of the guards4 ,only from the documents of the international trial have we been able to see definitely that of the #ce1jjj guard troops1 only #f1jjj were ,,ss men who were unfit for combat4 ,the rest were scum1 conscripts1 foreigners1 etc41 who with the greatest injustice and to our bitter shame were given the same ,waffen ,,ss uniform as we wore at the front4 ,as head of a well-known clinic1 known for its measures of safety1 in the interest of the experimental subjects1 within the framework of my duty as an expert as ,i saw it1 ,i got in touch with concentration camp doctors4 ,as far as it was at all possible ,i tried to exclude that atmosphere from my sphere of work4 ,that my counter-actions went beyond purely clinical safety measures for the experimental subjects may1 ,i think1 be seen from the following fact3 ,of the several thousand foreign inmates of this concentration camp--among whom1 as we were told here1 there were at least seven hundred ,polish women--only #bjj were turned over to the ,red ,cross at the end of the war4 ,of these two-hundred1 however1 sixty were my experimental subjects1 as was proved4 ,just as ,i have tried to clarify my actions as a doctor and to explain my good intentions and possibilities for influence1 so my final thought should be devoted to self-criticism1 above all as regards on my moral obligation4 ,in a parody on the words of ,heinrich ,heine we see today that3 8,just to have been an ,,ss man is fate in itself04 ,although ,i believe and hope that in that terrible confusion between the decent ,waffen ,,ss and the executive organization1 ,i did my duty as a specialist1 an officer1 and a human being1 ,i still feel bound to make every form of reparation for this confusion4 ,my possibilities for doing that of course are limited4 ,without seeking sensation ,i offered to undergo an experiment on myself as proved1 and that without any surgical safety measures1 as soon as the first opportunity arose4 ,my responsibility for the execution of the experiments carried out with good intention1 and especially for those who were my subordinates1 ,i have emphasized4 ,i have a further criticism and responsibility1 which ,i spoke of not only now in the dim light of my own defense but already in ,may #aide on the day when ,himmler released us from our oath and from our orders1 and he himself left his post without reserve4 ,it was my endeavor with others to prevent any illegal continuation of an ,,ss conception1 and for that purpose to take the burden off the shoulders of our credulous youth by making the ,,ss generals responsible4 ,today as a private individual ,i can only repeat what ,i am ready to do1 at least as far as my former professional standing is concerned4 ,where1 in spite of my earnest endeavors1 reproach and guilt seem to cloud the picture in the sphere for which ,i was responsible1 may the consequences affect me in such a way that ,i may make the path easier for the younger men who1 believing in me1 also joined the ,,ss as surgeons4 ,i believe that this pile of rubble1 ,germany1 with its wasted biological material1 cannot afford to let these fine young doctors perish in camps and in other inactivity4 ,also ,i know every measure which would make the work easier for the old ,german universities and their respected teachers4 ,i have summarized my point of view in order to help avoid possible mistakes4 ,from unwholesome social conditions it is a pathological and deceptive escape1 then as well as today--here and everywhere1 to unite and combine spiritual with economic and political concepts4 ,it is a disastrous error to confuse the organized unanimity of voices with harmony4 ,destructive criticism only brings intolerant lack of cooperation1 which interrupts all cohesion4 ,the private as well as the public conscience cannot be subjugated to any official virtue1 nor to any temporal moral principles4 ,it can only find its place within a ,god-given order4 ,in the spirit of 8earthly constructive pessimism01 as ,i wrote before the war1 in this alone consideration for the painful reality of this social catastrophe seems to be found4 ,my last sentence is to express our personal gratitude to ,dr4 ,seidl who has stood by the side of my colleagues and myself so conscientiously and with such human kindness4 ,g4 ,final ,statement of ,defendant ,blome#ci ,i have testified quite openly before this high ,tribunal that particularly up to the outbreak of war ,i was a confirmed ,national ,socialist and follower4 ,i have also explained why ,i became a ,party member in #aica1 and that because political conditions in ,germany at the time were moving with giant strides towards a final conflict between ,communism and ,national ,socialism1 as a result of the economic chaos and the impotence of the ,german governments after #aiai4 ,i have said that ,i joined the ,national ,socialist ,party because ,i rejected the dictatorial form of the ,communist system4 ,in my book 8,the ,doctor in the ,struggle01 which was put to me by the prosecution here in cross-examination1 ,i also explained why ,i went over to ,national ,socialism4 ,this book1 however1 which was published in #aida1 at the time of ,germany's greatest victories1 clearly shows my repudiation of the ,second ,world ,war1 to which ,i do not refer with a single word1 not even a hint1 although my experience in the ,first ,world ,war takes up considerable space in this book4 ,after the ,first ,world ,war1 ,germany was in great difficulties4 ,the situation became progressively worse and more unbearable1 when at the turn of the thirties the economic crisis spread throughout the world and even seized hold of the ,united ,states4 ,at that time ,i realized that in such hard times a nation which is drifting toward despair seeks a leader and follows him in blind confidence as soon as he can show great successes4 ,that in the case of ,hitler these were only sham successes or temporary successes the ,german people realized only gradually1 only step by step1 and only at a time when it was too late to shake off the dictatorship again by their own strength4 ,for years the ,german people were deceived by the leaders as to the true situation4 ,with deliberately lying propaganda1 ,hitler's governmental system until the last moment kept proclaiming final victory to the ,german people1 even in the winter of #aidd1 and even in the spring of #aide1 when the ,reich cabinet and the ,party leaders long knew that a terrible collapse was imminent4 ,this governmental system thus irresponsibly imposed on the exhausted body of the ,german nation still further useless losses of life and property4 ,since the collapse1 particularly since the ,international ,war ,crimes ,trial at ,nuernberg1 we see clearly that this frivolous method of betrayal of their own people was a fitting part of the systematical murder of foreign peoples and races by the millions4 ,i believe that there is no other example in history of the boundless confidence of a people in their leader being so boundlessly misused and disappointed4 ,the ,german people were blinded in their faith in their ,fuehrer1 in a leader who constantly pretended to them and the world a love of peace1 a humane character1 a selfless care for the people4 ,thus the ,german people became the victim of a political gambler4 ,his unrestrained supreme power apparently knew only the choice between ruling and destroying4 ,hitler's ambition1 as ,i know and judge it today1 had only one aim3 ,at any price to go down in history as a great man4 ,hitler achieved this goal #ajj percent4 ,he went down in history as one of the greatest tyrants of all time1 tremendous in his mania for ruling1 tremendous in his brutality in the achievement of his ends1 not hesitating even at the murder of his best friends1 his oldest followers1 if they were in his way4 ,relying upon the blind confidence of his deceived people1 ,hitler created a system in which all individualism1 all sentiment of freedom1 all personal opinion of the citizens was nipped in the bud and turned into slavery4 ,he succeeded in this with the aid of a very small circle of closest associates1 who had fallen under his hypnotic influence1 in part perhaps themselves deceived by this man1 but who became willing tools in his hand for the enslavement of the ,german people and the decimation of whole nations4 ,under the fatal influence of a clever1 deliberately lying propaganda1 against which even other countries were as good as powerless1 the ,german people and the ,german doctor1 too1 believed that they were following an honorable leader and serving a good cause2 they all considered it the highest moral duty not to desert the ,fatherland in times of emergency and particularly in wartime1 but to do their duty to the very extreme1 especially since in this war the life or death of the nation was at issue4 ,during the times of total warfare1 the times of air raids1 hunger1 and the danger of epidemics1 working conditions for the ,german doctor were terribly hard2 so difficult that today one can hardly imagine what ,german doctors accomplished in those days for friend and foe alike4 ,whether we twenty doctors here in this dock are accused justly or unjustly1 it is a great injustice in any case to defame ,german doctors in general in public1 as is constantly being done4 ,as former ,deputy ,reich ,physicians' ,leader ,i know conditions in the ,german medical profession during the ,hitler period1 and ,i must say even today that in its totality the ,german medical profession was efficient1 decent1 industrious1 and humane4 ,their willingness to work under the most difficult conditions that one can imagine1 their unselfishness to the utmost1 their courage and their helpfulness were exemplary4 ,beyond all praise were in particular the numerous old doctors who were already living in retirement and who1 in spite of their great age1 returned to the service of the sick1 and those innumerable women doctors who1 married1 and often the mothers of many children1 deserted their household duties for the difficult work of medical practice during wartime4 ,the whole ,german people knew this1 in whose midst and under whose eyes the ,german medical professions spent the years of distress and fright1 and who1 therefore1 will continue to place unlimited confidence in ,german doctors4 ,of myself ,i can say that ,i have always1 particularly during the ,hitler period1 devoted all my efforts to keeping the medical profession at a high scientific and ethical level and to developing it4 ,and ,i found in this effort the full support of all ,german doctors1 including the most famous scientists and chief physicians of medical institutions4 ,well-known scholars throughout the world supported this work1 which was above unintelligible parties and enjoyed an international reputation4 ,but in the course of this trial it has become clearer to me day by day just how criminal the ,hitler system was1 to which ,i sacrificed in good faith many years of my life1 and ,i am so deeply moved inside me that ,i must confess to myself3 ,for years ,i held a responsible position in a system which today ,i must curse just as much as ,i curse all those who forced upon the ,german people such a tyranny of crime and debasement of man4 ,it was my mistake that ,i stayed in the post where fate had placed me and in which ,i had hoped to be able to do good for our people and my profession4 ,it would often have been simpler to give up this post when ,i began to realize1 step by step1 the depravity of the ,third ,reich4 ,if ,i did not do so1 but stayed at my post until the bitter end1 ,i did this because ,i considered it my duty1 especially in the hard times of total war1 and because again and again ,i succeeded either in protecting the medical profession from harm or in preventing crimes against humanity4 ,even today ,i would have to consider it cowardice if ,i had left my post in #aida or #aidb only to bring myself to safety or to evade threatened responsibility4 ,i feel myself free of the guilt of ever having committed or furthered crimes against humanity4 ,h4 ,final ,statement of ,defendant ,mrugowsky#dj ,my attorney and ,i made every effort during my examination on the witness stand and by means of the considerable evidence which we submitted to refute the charges which have been raised against me1 just as much as we tried to assist in ascertaining the truth4 ,the outcome of the trial and the evidence against me is in the hands of the ,tribunal and the closing brief1 and in the reply to comprehensive documentation of the prosecution4 ,i am firmly confident on the basis of this trial that this high ,tribunal will examine the evidence objectively and carefully4 ,thus in my final speech ,i merely would like to draw your attention to the fact that my life in its entirety was solely devoted to my profession and my science4 ,it was my aim1 not by any means to represent some political ideology1 but to go to the university and to reach the position of a free and independent doctor and scientist4 ,the prosecution has charged us1 the defendants1 with destructive tendencies which were supposed to have been the causes of our actions4 ,i know that ,i am free of such tendencies4 ,they never occurred to my collaborators and myself at any time4 ,in the ,waffen ,,ss too1 the troops of which were among the bravest divisions of the ,german ,armed ,forces1 such tendencies never played a part4 ,as far as my own concepts of the ethical duties of the doctor are concerned1 they are contained in my book regarding medical ethics1 and ,i believe always to have acted according to the principles of that book and lived according to them4 ,my life1 my actions1 and my aims were clean4 ,that is why now that at the end of this trial ,i can declare myself free of personal guilt4 ,i4 ,final ,statement of ,rudolf ,brandt#da ,now1 after this trial has reached its final stage1 my conscience is confronted with the question of whether ,i consider myself guilty or innocent4 ,my responsibility1 in my opinion1 is to be tested by a threefold question3 ,first1 did ,i participate in the experiments directly and actively8 ,second1 did ,i at least have any knowledge of the criminal character of the experiments on human beings8 ,third1 what1 if ,i had known1 could have been my attitude towards ,himmler8 ,what my basic opinion is of crimes against humanity ,i did not only declare myself on the witness stand but this has also been testified to by a very competent foreign witness1 a ,swedish medical counsellor1 ,felix ,koersten4 ,before this ,tribunal and in the full knowledge of what ,i say ,i confess that ,i abhor--and did abhor--any crime against humanity in the years past and during my activity as a so-called personal ,referent of ,himmler4 ,but ,i also frankly declare that perhaps during the course of these last years my way of thinking was not always in my conscious mind as it is today4 ,but ,i never participated in a crime against humanity knowingly1 intentionally1 or with premeditation when passing on the letters1 orders1 etc41 which ,himmler issued to third persons1 and the result of which was the commission of cruelties on human beings4 ,i am confident that from the evidence and from the content of the various defense affidavits the ,tribunal will be convinced that in truth my real sphere of power did in no way correspond to the face value of my official position4 ,my real sphere of power was extremely small4 ,it did not exceed that of a well-paid stenographer in the office of an influential man in ,germany4 ,if the ,tribunal were to start from this fact1 it would approach reality much closer than the prosecution did in its indictment4 ,i got into contact with ,himmler when ,i was a young1 immature man who came from a family in modest circumstances4 ,nothing else but my ability as a stenographer1 which ,i had obtained through my industry1 was the reason for that1 and this was my position until the last days of the ,german collapse1 in spite of promotions in rank4 ,at that time ,i was only too glad to get that job because it enabled me to support my parents financially4 ,when ,i started work with ,himmler1 ,i got1 without intermediate stages1 into an agency1 the chief of which was to combine1 among other functions1 the highest executive powers in his hands a short time afterwards4 ,i am convinced that ,i would not sit here under a grave indictment if ,i had had the opportunity to continue my education1 if ,i had made a start in a subordinate agency1 and had risen little by little into a higher position4 ,unfortunately1 ,i have always been a lone wolf as long as ,i lived1 and ,i never was fortunate enough to have an older friend who could have corrected my political inexperience and my gullibility4 ,if1 however1 through all those years1 ,i represented ,himmler's ideology1 ,i did so only because ,i did not know the criminal part of ,himmler's character4 ,since ,i lived1 so to speak1 divorced from the world around me and was only devoted to my more than plentiful work1 ,i only learned after the collapse what stupendous crimes are to be booked on ,himmler's account4 ,the evidence has shown that ,i neither knew a concentration camp nor had anything to do with concentration camps in my official capacity2 nor had any influence on the system of the concentration camps1 their administration and management1 nor on the treatment of prisoners4 ,for this reason ,i didn't know the measure of the tragedies which were enacted there4 ,those matters1 into which ,i had sufficient insight during my restless daily activities to permit me to distinguish between good and evil1 were on a plane where they need not shun the light of sun4 ,i do not deny that some of the documents submitted here by the prosecution went through my hands1 but ,i do deny--and ,i pray the ,tribunal may believe me--that ,i knew the contents of the documents particularly the reports and therefore the essential core of the human experiments4 ,i know that appearances are against me4 ,only these external appearances led the prosecution to indict me in this trial and to pass their comment on me during their closing speech1 without penetrating to the bottom of matters4 ,this way they arrived at a completely wrong appraisal which does not correspond to the facts and overrates my position and my activities4 ,these appearances which speak against me will be dispelled as soon as my real position will be considered in which ,i found myself as administrative officer so-called personal ,referent of ,himmler for many years4 ,on the witness stand ,i testified to the truth1 which has been confirmed by witnesses who knew the real facts from their own experience4 ,it does not run counter to experience that among thousands of incoming and outgoing items of mail--that is1 hundreds of thousands during the course of the years--there should be an insignificantly small number of documents which a personal ,referent on the orders of his chief1 passes on to third persons without knowing their contents more closely1 the more so if they concern matters which have nothing to do with the normal duties of the personal ,referent4 ,i believe that an ,american tribunal will know how to appraise the foregoing1 though ,i am rather afraid that the situation as it existed in ,germany during the years before the collapse and prevailed in high government agencies will never really be brought home to ,american judges4 ,therefore1 ,i refuse to discuss again my position at that time and the ignorance of criminal experiments on human beings which was the consequence thereof4 ,in this respect ,i agree with my defense counsel4 ,neither need ,i fear ,professor ,ivy's statement who declared that even a layman must have been outraged by reading the reports of ,rascher1 because the fact that the layman should have read the passages of the reports wherefrom the obvious violation of human dignity is evident was1 as a matter of fact1 the natural prerequisite for ,professor ,ivy's opinion1 and that prerequisite did not exist in my case4 ,in accordance with the truth ,i repeat what ,i have said in the witness stand1 that ,i had a general knowledge of experiments on human beings1 ,i can no longer say when and on what particular opportunity ,i gained that knowledge4 ,but this fact alone does not deserve death1 because ,i never had the feeling that ,i had participated in such crimes by my activity in the personal ,referat administrative office4 ,such a knowing participation demands that the personal ,referent knows the contents and the import of ,himmler's letters1 orders1 etc41 and passes them on in spite of this knowledge of the contents and their import4 ,i just said that appearances are against me1 but ,i believe ,i did prove that ,i did not possess that knowledge4 ,i pray the ,tribunal to follow the line of this evidence and1 ,i think1 this is not asking too much since the experience of everyday life speaks in my favor4 ,the various affidavits which ,i have submitted and which were the subject of excited argument have found their explanation4 ,in some points ,i have erred and ,i have tried to correct my errors4 ,i did not want to speak an untruth knowingly which might be detrimental or unfavorable to a third person4 ,i ask the ,tribunal not to forget that ,i was in a very low general condition when ,i signed these affidavits4 ,only a few months previously ,i weighed only forty-four kilograms2 consequently my mental power was reduced to a minimum4 ,during my activities which stretched over many years ,i exclusively acted on the express orders of ,himmler without ever making a decision on my own initiative4 ,i may take it that this fact has fully been proved4 ,the question what attitude ,i should have assumed had ,i known the details of inhuman experiments ,i can only answer in a hypothetical way4 ,had ,i had an approximate knowledge1 as ,i have it today1 ,i would have struggled against passing on such an order by virtue of my general view on questions of humanity4 ,since1 however1 ,i did not have that knowledge it could not come to any opposition on my part4 ,i ask that consideration be given to the fact that during all those years1 ,i regarded matters which were in my field from my own point of view1 and tried to live up to my own ideals4 ,i saw my duty in carrying out my task faithfully and in the conduct of a clean1 personal life4 ,i always strove not to cause any damage to any human being1 but to understand the situation of any person in need of help1 and then to help him as ,i myself would have wished to be helped or treated had ,i been in his position4 ,i remind you of the statement of the witness ,meiner1 on #ba ,march #aidg4 ,the fact that my signatures are on the documents which have been submitted by the prosecution has moved me deeply because my entire view of humanity and the principles of humanity is quite opposed to that4 ,what ,i understand by humanity1 also begins to apply to the small details of life also for me4 ,in spite of my good intentions1 and this ,i say in answer to a question put in the beginning--in spite of my good intentions ,i was drawn into a guilt1 ,i see it as a guilt into which human beings can be involved by tragic circumstances without any intention on their part4 ,but the recognition of this guilt was sufficient to shake severely my mental and moral balance4 ,j4 ,final ,statement of ,defendant ,poppendick#db ,i joined the ,,ss at a time not to commit crimes1 but because a number of my friends whom ,i knew to be idealists were members of the ,,ss4 ,their membership caused me to join4 ,that ,i thereby became a member of a criminal organization was unimaginable for me at that time1 just as it is incomprehensible for me today4 ,my activity in the ,main ,race and ,settlement ,office was devoted to the problem of the family1 an activity which in view of the destructive tendencies during the period of the ,first ,world ,war seemed important to me4 ,if my expectations as a physician were disappointed in more than one point1 at least ,i considered myself justified to hope that in the end this activity would have positive results4 ,the intentions were always toward a constructive policy for the good of the family4 ,never did ,i have anything to do with negative population policies1 such as the sterilization program of the state4 ,the assertion of the prosecution that positive and negative population policies belong together as the two sides of one and the same program1 is erroneous4 ,then there were purely organizational reasons which brought about my direct subordination under the office of that man whose name today has such an inhuman sound--,i mean ,grawitz4 ,the impression which the prosecution has rendered of my activity and position in ,grawitz' office is not in accordance with the facts1 in spite of some features which seem to support the assertions made by the prosecution4 ,as for medical experiments on inmates--experiments on human beings were nothing surprising to me1 nor anything new4 ,i knew that experiments were carried out in clinics4 ,i knew that the modern achievements of medical science had not been brought about without sacrifices4 ,however1 ,i do not recall that in experiments in clinics the voluntariness of the person to be experimented on was an absolute requirement1 which now seems to be taken as a matter of fact1 according to the discussions in this trial4 ,i knew furthermore1 that some scientific problems can only be solved by experiments in series with conditions remaining constant1 and that therefore soldiers and particularly soldiers in camps are used for experiments in all countries4 ,under these circumstances it did not appear surprising to me that during the war1 scientists also carried out experiments in series in concentration camps4 ,i did not have the least cause to assume that these scientists in the camps would go beyond the scope of that which otherwise everywhere in the world of science was customary4 ,what ,i knew about medical experiments in the ,,ss was1 in my opinion1 as little connected with criminal matters as those experiments of which ,i knew from my clinical experience before #aicc4 ,in ,march of this year a young doctor1 ,dr4 ,mitscherlich1 in a very one-sided way1 published material for an indictment under the already prejudiced title1 8,the ,dictates of ,contempt for ,human ,life04 ,of the problematic there was little in this book4 ,the basis for a judgment and a conviction were clearly given4 ,during the very last days1 however1 the chief of ,dr4 ,mitscherlich1 a well-known ,professor from ,heidelberg1 ,weizsaecker1 published a study on the fundamental questions belonging to this subject under the title 8,euthanasia and ,experiments on ,human ,beings01 which he submitted to the defendants4 ,but here now fortunately we find an entirely different language4 ,the problem itself becomes obvious4 ,if one reads this booklet then the extent of the problem with its complications becomes clear4 ,the oath of ,hippocrates1 according to ,weizsaecker1 has nothing to do with the problem4 ,weizsaecker applies entirely different ethical norms4 ,rightly1 medicine of today as a whole is studied1 not only the ,german medicine under ,hitler4 ,it shows that experts who consider themselves competent even today are only in the middle of their endeavor to clarify the problems at the basis1 that being the first requirement for their solution4 ,before this trial all of these matters were no problems for me4 ,i did not know of any transgressions4 ,moreover1 ,i was always convinced that anything which came to my knowledge about experiments on human beings in clinics of the state before #aicc1 and within the scope of the ,,ss in later years1 were conscientious efforts of serious scientists to the good of mankind4 ,the ethical foundation of these matters also seemed to be there until this trial4 ,therefore1 after sincere examination of my conscience1 ,i cannot find any feelings of guilt and expect with a clear and peaceful conscience the verdict of the ,tribunal4 ,k4 ,final ,statement of ,defendant ,sievers#dc ,your ,honors1 in his opening plea1 my defense counsel already stated quite openly and frankly that all events were going to be presented with which ,i was in any way connected1 and in this hour which is so important to me1 ,i can state to the best of my conscience that when ,i furnished my defense counsel with information1 and during my own examination on the witness stand1 ,i always spoke the full truth4 ,i have1 in fact1 had the satisfaction to hear my testimony confirmed by a witness for the prosecution4 ,during my examination as a witness on the stand1 ,i said quite truthfully that the experimental subjects to whom ,i had talked in connection with the last experiment in ,natzweiler had confirmed to me that they were voluntary subjects4 ,witness ,nales1 witness for the prosecution1 confirmed my testimony during his examination on the #cjth of ,june in this courtroom4 ,with regard to the charge of participation in the malaria experiments1 ,i have stated that ,i had nothing to do with malaria experiments4 ,witness ,vieweg1 called by the prosecution1 confirmed this testimony of mine1 as also did witness ,stoehr4 ,i testified that the two experimented subjects whom ,i met in connection with the altitude experiments1 in reply to a question by me1 confirmed specifically that they had volunteered4 ,witness ,neff of the prosecution confirmed this voluntary status of the witnesses4 ,likewise ,dr4 ,romberg during his direct examination stated on the strength of his own knowledge that my testimony was correct4 ,the only experimental subject whom ,i met in connection with the typhus experiments upon my definite question regarding the voluntariness of his testimony1 confirmed that this was so4 ,my testimony was also confirmed through the affidavit of a former prisoner1 and witness1 ,grunzenhuber1 contained in my second document book4 ,the prosecution believed that they had to charge me with having placed myself at the disposal of the ,,imt on the behalf of the ,,ss4 ,this was rather a peculiar statement considering my own defense in this trial4 ,i explained when ,i was on the stand that without my own initiative1 in fact against my own will1 the defense counsel for the ,,ss called me in order to use me as a witness4 ,attorney ,pelckmann1 then defense counsel of the ,,ss1 has confirmed the correctness of my statements in an affidavit4 ,according to that1 ,i immediately informed ,pelckmann at the time in writing regarding my former membership in the resistance movement against the ,national ,socialist regime and told him ,i was not a suitable witness4 ,at the same time ,i presented attorney ,pelckmann with a copy of my letter1 in which ,i placed myself at the disposal of the ,international ,military ,tribunal as a witness as early as #bj ,december #aide1 as the ,,imt record shows4 ,i have stated my regrets on this same witness stand1 that my preparedness to aid justice and to help in prosecuting past crimes was not accepted and that considerable evidence was thus destroyed4 ,as early as ,august last year1 ,i furnished the prosecution with a report about my activities in the resistance movement1 indicating again my willingness4 ,this was passed over1 however1 when ,i stated that ,i was not prepared to sign affidavits which were not completely true4 ,i openly and frankly stated at that point that ,i did not understand this action4 ,i had to do this1 and ,i could do it because ,i had been looking for truth and right at the risk of my life1 undaunted1 even during the time of tyranny4 ,was one now to be a collaborator in methods which ,i thought had passed with the ,national ,socialist regime2 and which1 as remains my firm conviction1 would never lead to a true pacification of this world such as we all desire8 ,i am mentioning this with regret and only because ,i have always claimed that ,i myself1 and my statements1 in responsible situations1 deserve to be believed4 ,the prosecution did not only feel in a position to doubt my credibility1 but they even consented to call me a liar during their argument1 against their better knowledge and their better conscience4 ,consequently1 ,i had to draw your attention to the testimony of various witnesses which confirmed1 in full1 my testimony on the stand in these complicated matters4 ,i can truly be satisfied that it was not up to me1 but to the prosecution's own witnesses1 to contradict the incorrect statements made against me4 ,history will honor such action1 and judge the persistent attempt to stick to preconceived ideas4 ,there is no blessing connected with it4 ,i am only sorry for those who are misguided by false ideas4 ,my firm conviction that this high ,tribunal will fully believe my testimony during my defense is based on these facts4 ,in this connection1 with reference to the experiences which ,i have just described1 ,i am forced to say how on the other hand it calmed and strengthened me1 and gave me confidence to see with what wisdom1 calm1 and patience this high ,tribunal stood above matters and disclosed a conduct of trial in which one could feel sheltered2 all my friends1 who fought in the secret resistance movement with me and repeatedly attended this trial in the audience1 share these sentiments with me4 ,i have explained to you1 your ,honors1 for what reasons ,i was in immediate1 direct contact with the ,,nsdap and the ,,ss4 ,i have told you how ,i always tried to prevent the ,ahnenerbe from becoming involved in medical research4 ,this attempt failed1 due to the ambitious attitude of ,himmler4 ,only on the strength of my own feelings had ,i to find an attitude with regard to this new question of experiments on human beings4 ,i did not approve of them1 and ,i attempted to take the consequence1 which could only be that ,i immediately resigned from my post as the ,reich manager of the ,ahnenerbe4 ,i think the testimony of the witness ,hielscher1 in this stand1 and the affidavits from witness ,deutelmoser1 witness ,dellmann1 witness ,schmitz1 and others prove beyond doubt that ,i had the true intention of resigning from the ,ahnenerbe4 ,and these witnesses have also clearly testified why ,i didn't do so1 not because of personal ambition1 not for reasons of comfort1 or for what other low reasons might be attributed to me in this point4 ,it was due to the persistent urging on the part of my political friends that ,i remained1 in order to serve further the task which had taken me to the ,,nsdap and the ,,ss4 ,inwardly ,i rejected contact with human experiments even as ,i refused to be a follower of the ,,nsdap and of the ideology they represented4 ,outwardly1 ,i had to live up to the name of a ,national ,socialist if ,i was to hold on to the political ideal to which ,i had devoted myself since #aibi and not endanger it4 ,in his affidavit1 witness ,niebhausen1 who was the most important member in the circle of the secret ,german resistance1 and who has acted on behalf of ,dr4 ,kempner too1 and who is obviously a personality beyond reproach1 says that his illegal activity which continued for five years would have been quite impossible without my assistance4 ,i do not1 indeed1 know what the prosecution is prepared to recognize as being a resistance against the ,nazi regime1 if not even such activities as these4 ,it is not necessary to relate again all the details which have been testified to in this courtroom4 ,that in true recognition of the consequences which might be daily expected for myself and my family ,i devoted myself to resistance1 continued in it undaunted1 and never abandoned it1 is now the only reason why ,i find myself in this dock4 ,for that reason1 ,i look forward to the judgment of this ,tribunal with confidence1 due to my conviction that ,i have lived for a good cause and acted on it1 on behalf of something which--then as today--filled me with true belief4 ,l4 ,final ,statement of ,defendant ,rose#dd ,mr4 ,president1 may it please the ,tribunal1 the scientists who are among the defendants in this trial are confronted with a principal difficulty1 the fact that purely scientific questions have been made political1 ideological questions by the prosecution4 ,in the opening speech by the ,chief of ,counsel1 ,general ,taylor1 the political and ideological nature of the indictment has been expressed as clearly as possible4 ,a subject of the personal charges against myself is my attitude toward experiments on human beings ordered by the state and carried out by other ,german scientists in the field of typhus and malaria4 ,works of that nature have nothing to do with politics or with ideology1 but they serve the good of humanity1 and the same problems and necessities can be seen independently of any political ideology everywhere1 where the same dangers of epidemics have to be combated4 ,just as ,claus ,schilling1 in his malaria research1 had to make experiments with human beings1 before him and after him malaria scientists of various nations had to carry out experiments on human beings4 ,just as ,haagen1 on his own initiative1 but with the approval of competent authorities of the state1 tested the value of a new1 living typhus vaccine1 before him that was done in the course of fighting plague by your great compatriot1 ,richard ,b4 ,strong1 when he experimented on natives of the ,philippines1 who were not ,american citizens1 with the approval of your government4 ,just as ,dr4 ,ding1 on the instruction of the highest and decisive authorities of the ,german civilian health administration1 tested the value of the typhus vaccine on humans in times of greatest typhus danger1 others have done so before him in less pressing emergencies1 sometimes in agreement with1 sometimes upon the instruction of their governments4 ,from the witness stand ,i testified about the actual role which ,i played in regard to the charges of human experiments with malaria and typhus4 ,and ,i have explained from the witness stand the legal evaluation of my actions1 and they have been submitted to you by my defense counsel1 ,dr4 ,fritz4 ,i need not add anything to it4 ,but1 as a matter of principle1 ,i stated my attitude towards the experiments on human beings in medical research1 not first of all in this courtroom1 but also when the ,national ,socialist ,german ,government was at the height of its limitless power4 ,at that time ,i was cut short by a man1 ,professor ,schreiber1 who about a year ago in this very courtroom1 claimed to be a defender of medical ethics4 ,the fact is undoubted that human experiments1 which were exactly the same as those1 the participation in which ,i am unjustly charged with1 have been carried out in other countries1 above all1 in the ,united ,states which has indicted me4 ,that has led the prosecution to place the center of gravity of its charges upon the outside conditions of the persons put at my disposal for experiments by the ,german authorities4 ,in that connection the question of whether they were voluntary was put into the foreground4 ,i shall not discuss the question as to what extent the doctor who is charged with the experiments is responsible for these external1 formal questions1 at least a doctor who was so far removed from the experiments themselves as ,i was4 ,but in connection with the principal question of subjects being volunteers1 ,i have to make a few statements4 ,a trial of this kind presents probably the most unsuitable atmosphere to discuss questions of medical ethics4 ,but since these questions have been raised here1 they have to be answered4 ,everyone who1 as a scientist1 has an insight into the history of dangerous medical experiments1 knows with certainty the following fact4 ,aside from the self-experiments of doctors1 which represent a very small minority of such experiments1 the extent to which subjects are volunteers is often deceptive4 ,at the very best they amount to self-deceit on the part of the physician who conducts the experiment1 but very frequently to a deliberate misleading of the public4 ,in the majority of such cases1 if we ethically examine facts1 we find an exploitation of the ignorance1 the frivolity1 the economic distress1 or other emergency on the part of the experimental subjects4 ,i may only refer to the example which was presented to the ,tribunal by ,dr4 ,ivy when he presented the forms for the ,american malaria experiments4 ,you yourselves1 gentlemen of the ,tribunal1 are in a position to examine whether1 on the basis of the information contained in these forms1 individuals of the average education of an inmate of a prison can form a sufficiently clear opinion of the risks of an experiment made with pernicious malaria4 ,these facts will be confirmed by any sincere and decent scientist in a personal conversation1 though he would not like to make such a statement in public4 ,that ,i myself am1 on principle1 an opponent of the idea of dangerous experiments on human beings is known to you gentlemen of the ,tribunal4 ,the state1 however1 or any human community which1 in the interest of the well-being of the entire community1 did not want to forego the experiments on human beings1 only bases itself on ethical principles as long as it openly assumes the full responsibility which arises therefrom1 and imposes sacrifices on enemies of society to atone for their crimes and does not choose the method of apparent voluntary submission1 which imposes the risk of the experiment on the experimental subjects1 who are not in a position to foresee the possible consequences4 ,the prosecutor in his plea criticized the preponderance of affidavits during the presentation of evidence on the part of the defense4 ,the difficulties which exist for a defendant in prison in the ,germany of today to acquire other documents are almost prohibitive4 ,in order to give a few examples3 ,when the malaria experiments of ,schilling were discussed1 the prosecution1 among other material1 submitted to the ,tribunal an excerpt from the well-known ,dachau sentence concerning the statements contained therein about the number of victims in these experiments4 ,i have stated in the witness box that ,i would rather sit here as a defendant than put my signature on the opinion which would confirm these statements4 ,how right ,i was in making that statement can be seen from a letter by ,professor ,allenby of the ,university of ,london which1 unfortunately1 has only now been received by my defense counsel1 in which he termed the statement that #cjj experimental subjects had died1 a grotesque untruth4 ,my defense counsel in his final plea has quoted the passage of that letter4 ,the prosecution at that time when the excerpt of the ,dachau sentence was submitted1 promised that the entire files of the ,dachau trial would be put at our disposal4 ,unfortunately1 all my efforts to gain an insight in these files have been in vain4 ,when ,state ,secretary ,dr4 ,conti during the war was toying with the idea to commission ,professor ,schilling1 who was at that time in ,italy1 with malaria research in ,germany1 ,i1 at that time1 ,chief of the ,tropical ,medical ,department of the ,robert ,koch ,institute1 was first of all assigned by the ,reich ,ministry of the ,interior to give an opinion4 ,in this opinion1 for reasons which ,i have explained in the witness box1 ,i rejected ,schilling's plan4 ,had one followed my advice1 the experiments by ,schilling in ,dachau would never have taken place4 ,in the course of these proceedings ,i made all efforts to come into the possession of that opinion but in this case also ,i was unsuccessful1 although that opinion in two copies is in the hands of the military government1 possibly even in this building4 ,also1 in vain1 ,i attempted to get the file note1 so important for my defense1 which ,i dictated to the witness ,block about my conferences with ,state ,secretary ,conti and ,president ,gildemeister1 after ,i had gained knowledge about the conduct of the typhus experiments in ,buchenwald4 ,what little correspondence ,i had with ,professor ,haagen is apparently entirely in the hands of the prosecution4 ,in spite of that1 it has been submitted only in part to you4 ,that fact offered an opportunity to the prosecution to interpret passages taken out of the context incorrectly4 ,unfortunately1 ,i have no opportunity to force anyone to submit the missing documents which would clarify matters in my favor4 ,to evaluate the work of ,haagen1 and my defense counsel has pointed that out already1 the statement of an unbiased expert would have been of decisive importance4 ,therefore1 ,i can only regret that the interrogation of the ,frenchman ,georges ,blanc for whom ,i applied and who has the best knowledge in this field1 did not take place1 although he had volunteered to appear before this ,tribunal as an expert4 ,professor ,lecrout1 ,director of the ,institute ,pasteur in ,paris1 was frequently in ,nuernberg during this trial4 ,after an interview1 the prosecution refrained from calling him as an expert witness to clarify some difficult questions resulting from the work of ,haagen4 ,i ask the high ,tribunal to draw its conclusions from these facts and to assure that the lack of these pieces of evidence should not result in a damage to my interests4 ,prosecutor ,mc,haney has explained in his plea that one still had to find that doctor among the defendants who would have subjected himself to such experiments as are covered by the indictment here4 ,i do not feel that that concerns me4 ,not only from the statement which ,i have made here before you but also from my case history1 which was available to the authorities of the prison long before indictment1 it can be seen that not only did ,i repeatedly offer myself as an experimental subject to test vaccines but that frequently in my official capacity and in my research work ,i gave myself injections with cholera1 typhus1 malaria and hepatitis epidemica and that ,i am still suffering from the consequences4 ,finally1 ,prosecutor ,mc,haney has asserted in his plea that all of those indicted here are guilty of murder1 and that includes me too4 ,if the ,tribunal were to look at the present problem from this point of view1 ,i would regret having said a single word in my defense4 ,however1 if you believe me1 that in all actions of mine which have been discussed here1 ,i was only moved by sincere devotion to duty1 then ,i put my fate with confidence into your hands4 ,m4 ,final ,statement of ,defendant ,ruff#de ,may it please the ,tribunal3 ,as far as the written and oral statements of my defense counsel are concerned which deal with the points of the indictment1 and as far as my activities as a doctor and scientist are concerned1 ,i have nothing or hardly anything to add4 ,i can only repeat today what ,i said at the end of my examination when ,i was on the stand4 ,after detailed inquiry into my conscience1 ,i still today hold the belief that ,i never sinned against my duty as a man and as a doctor4 ,n4 ,final ,statement of ,defendant ,brack#df ,your ,honor1 ,i cannot be described as one of the earliest followers of ,hitler4 ,in #aibi1 ,i joined the ,,nsdap when more than six million ,german voters were already backing ,hitler4 ,his later successes during the years of peaceful reconstruction consolidated my conviction that he had forever liberated ,germany from the misery in which it seemed to have fallen4 ,for all those years ,i had no reason to have any misgivings with regard to ,hitler's personality4 ,therefore ,i also believed in the legality of the euthanasia decree as it emanated directly from the head of the state4 ,the state officials and doctors1 competent for me at that time1 told me that euthanasia had always been an endeavor of mankind and was morally as well as medically justified4 ,therefore1 ,i never doubted the legal character of the euthanasia decree4 ,in this connection1 however1 ,i was assigned duties1 the extent and importance of which ,i could not foresee4 ,neither my training nor my qualifications sufficed for this task4 ,nobody can deny1 however1 my good faith in its justification4 ,i frankly admitted what ,i did in the framework of the euthanasia measures and tried to prove that my collaboration was merely of a subordinate nature and exclusively directed by human aspects4 ,i cannot be made responsible for later actions carried out by other offices and without my knowledge4 ,these were the measures which ,i deeply regretted1 in which the prohibition of the inclusion of foreign nationals and ,jews was infringed4 ,through my activity in the ,fuehrer's ,chancellery1 ,i early became acquainted with the ,gestapo terror4 ,the testimonies of my witnesses prove how ,i fought against them and the concentration camp system4 ,i did so because ,i felt that ,i was obliged to help those who suffered from arbitrariness and oppression4 ,i did not do it because ,i already recognized in it at that time symptoms of a leadership that always and only knew arbitrariness and oppression4 ,but this is particularly the reason why ,i was so shocked about the misuse of some of the euthanasia institutions for the ,action #ad f #ac2 this action affected particularly those persons whose detention ,i considered unjust1 and which ,i therefore opposed4 ,it was only in this courtroom1 however1 that ,i learned of this action4 ,that ,i did not hate the ,jews has been proved by numerous documents4 ,without hatred of the ,jews1 however1 participation in the extermination of ,jews is unthinkable4 ,the measures of suppression to which the ,jews were subjected forced me to give them the same assistance within my competence as ,i accorded to the political persecutees4 ,thus during the course of the years ,i helped hundreds of thousands of persons by my activity4 ,thus only could the sterilization suggestions come into existence4 ,they were nothing but an attempt to prevent the extermination of innumerable ,jews4 ,in spite of all the efforts of my defense counsel1 it was impossible to procure the witnesses who could testify to this effect4 ,they preferred to evade their responsibility of serving the truth4 ,i am utterly alone4 ,i must leave it to this high ,tribunal to ascertain on the basis of the presented expert scientific opinions that all my proposals were actually so formulated as to show my convictions of their harmlessness1 and the impossibility of realizing them4 ,i must also leave it to the ,tribunal to judge whether a man who intended the extermination of the ,jews would apply for service with the army1 just at the moment when the aim which he is alleged to have pursued was achieved1 and the extermination measures had started4 ,or does it not appear paradoxical to assume that one and the same man should give his approval of the extermination of the ,jews1 and in fact aid such a program1 and1 at the same time1 save ,jews he has never known1 such as ,georgii1 ,passow1 ,meyer1 ,warburg1 and others1 from these measures8 ,i can only emphasize that particularly the sterilization suggestions to ,himmler appeared to me to be the last possibility to take any action to save ,jewry4 ,had ,i been indifferent to the ,jewish fate1 ,i would not be accused today4 ,but ,i also tried in this respect1 as was my habit1 to give assistance and ,i am still convinced1 that it had at least delaying1 if not preventative effect4 ,it is certain that many ,jews were in this way saved from destruction4 ,the realization that such proposals should never have been made by me on the strength of my medical knowledge1 my capacities1 or my position at the time1 even to the best of my intention1 is something ,i could not reach until this trial was in progress4 ,my good intention1 which was the basis of these proposals1 and my good will to help by means of them cannot be denied by anybody1 and can in no event be understood as my conscious cooperation in the extermination of the ,jews4 ,o4 ,final ,statement of ,defendant ,romberg#dg ,in the course of this trial1 ,i have had full opportunity to speak in my defense4 ,with special gratitude we realize the great opportunity offered to us1 of which we took advantage1 which was given by the possibility of individually questioning ,professor ,ivy in this trial4 ,i have seen how the ,tribunal itself1 by a precise questioning1 clarified the facts1 and to the statements made by my defense counsel ,i have nothing to add1 because they are the truth4 ,p4 ,final ,statement of ,defendant ,becker-,freyseng#dh ,mr4 ,president1 ,gentlemen of the ,tribunal3 ,i also was given opportunity to submit all the statements and the evidence required to refute the charges of the indictment4 ,for that ,i have to thank the ,tribunal and my defense counsel1 ,dr4 ,tipp4 ,but ,i have nothing to add to it4 ,for all the irrelevant1 spiteful talk with which outside circles believed they had to twist around the objectivity of these proceedings like thorn bushes1 the verdict of this ,tribunal must be and will be the appropriate answer4 ,i look forward to it with the firm conviction that ,i never failed in my duty to mankind as a physician and scientist1 and as a soldier to my ,fatherland4 ,q4 ,final ,statement of ,defendant ,weltz#di ,i have nothing to add to the statement made by my defense counsel4 ,i thank ,dr4 ,wille for his efforts made in my defense4 ,r4 ,final ,statement of ,defendant ,schaefer#ej ,may it please the ,tribunal1 since ,i consider myself entirely innocent1 ,i have nothing more to add4 ,i ask to be acquitted1 if possible1 even before the verdict4 ,s4 ,final ,statement of ,defendant ,hoven#ea ,i have nothing to add to ,dr4 ,gawlik's plea of yesterday4 ,i would at this point like to thank my defense counsel for the considerable help he has given me4 ,t4 ,final ,statement of ,defendant ,beiglboeck#eb ,may it please the ,tribunal1 the experiments which ,i conducted1 ,i did not carry out on my own initiative1 neither according to the plans of my own1 nor spontaneously4 ,the medical part was played with the knowledge and approval of my clinical teacher1 and civilian superior for more than ten years1 ,i was a disciple of ,eppinger4 ,during those ten years ,i had come to know and respect his ways of thought and his superior knowledge4 ,my relations to him were based on deep personal gratitude and awe-inspired devotion4 ,if there was anything which he considered right and important1 then for psychological reasons alone1 it would have been difficult for me to believe the contrary4 ,the experiments were to solve the problem of saving human life and that had to be approved4 ,it was a military order which compelled me to carry them out in the atmosphere of a concentration camp4 ,i struggled against it1 and was inwardly opposed to it1 and tried to avoid the task1 but ,i was not successful4 ,so ,i had to carry it out4 ,may it please the ,tribunal1 in your evaluation of this fact1 please do not fail to consider that this did not happen in times of peace1 nor in a country which granted its citizens individual freedom of decision in all matters1 personal and professional1 but during the bitter days of a most horrible war4 ,what ,i carried out1 ,i did in accordance with a plan previously determined and specified4 ,i did not overstep the limits of my task4 ,i had to require of my experimental subjects to undergo hardships2 they suffered from thirst with all of its unpleasant sensations1 with its physical and mental characteristics4 ,it was in the nature of the experiments1 and this could not be avoided4 ,i did not1 however1 do this without first informing myself by an experiment on my own system of what ,i expected them to undergo1 nor did ,i expect it of anyone else1 unless ,i was firmly convinced that he undertook it voluntarily4 ,it is not true to say that ,i might have forced anybody to do it1 neither psychologically1 by reprisals1 nor by threat1 nor by force of arms4 ,many eyewitnesses have agreed that my conduct was never brutal or inhuman towards any of the experimental subjects under my care4 ,among these witnesses are even some who were brought here to testify against me4 ,at last1 in the final stage of this trial1 one experimental subject could be found who thought it appropriate to introduce a dramatic note in an atmosphere artificially created4 ,you will decide how much credibility you will attribute to this witness4 ,based on a layman's misinterpretation of nondangerous1 indeed harmless medical procedures1 combined with the uncertain recollection emotionally presented by more or less distorting and misconstruing my motives1 the attempt was made to lend an impression to my experiments and to my own personality4 ,in contradiction to that1 a few others who came from the concentration camp and who loved the truth have painted another picture which reveals that my behavior in the medical sense1 as well as from the human point of view1 was correct1 to say the least4 ,by my experiments1 no human life was sacrificed1 nor did they result in any lasting damage to their health4 ,i also believe1 ,i have proved that ,i intervened for the inmates1 as far as that was within my power and that ,i did not consider my experimental subjects as individuals of an inferior type whom ,i could well afford to ill-treat1 for ideological reasons1 as has been charged4 ,for over #ae years as a physician1 ,i always felt the strongest responsibility for those entrusted to my care4 ,thousands who were my patients will confirm it4 ,my assistants and colleagues have testified to it4 ,i was never directed by any sentiment other than that of a human being and of a physician4 ,the experiments as they were actually conducted never went beyond what can be justified by the physician4 ,i consider myself free of guilt as a physician and as a human being4 ,u4 ,final ,statement of ,defendant ,pokorny#ec ,your ,honors1 during this trial ,i have often asked myself what ,i should have done at the time in order to record my true motive for the letter ,i had written to ,himmler4 ,but ,i believe that at the time when ,i dispatched this letter1 ,i could not do anything else but to talk to the people in whom ,i had confidence and who ,i knew would not betray me1 and confide in them my true reasons4 ,if today1 this letter1 which is against me1 may seem objective1 then this is a fact with which ,i must bear1 although to the end ,i must say in correspondence with the truth that selfish reasons were not the cause of my writing this letter1 but that letter was written because at the time ,i had heard facts about ,himmler's plans1 and1 because at that time in my position1 standing lonely and slandered because of my family implications in a small town in ,czechoslovakia1 ,i felt that ,i was able to take the action described4 ,i retain the hope that you1 my judges1 will draw your conclusions from my conduct and the situation in which ,i found myself at the time1 and will come to the conviction that the true motive was a different one than that which is objectively shown by this letter1 and that you will not sentence me but will believe me in what ,i have not only told you1 my judges1 but others previously during my interrogations and what ,i have told my friends1 at a time when this present situation had not arisen1 in order to clarify my motives as being true4 ,with this hope ,i am looking forward to your judgment1 and in that connection ,i am thinking of my children who1 for years now1 have lived under the protection of an allied power1 and who will not believe that their father1 after everything that he has suffered1 could possibly have acted as an enemy to human rights4 ,v4 ,final ,statement of ,defendant ,oberheuser#ed ,i have nothing to add to the statements ,i have made from the witness box under oath4 ,in administering therapeutical care1 following established medical principles1 as a woman in a difficult position1 ,i did the best ,i could4 ,moreover1 ,i fully agree with the statements made by my defense counsel and will refrain1 at this late stage of the trial1 from making any further statements4 ,w4 ,final ,statement of ,defendant ,fischer#ee ,your ,honors1 when this war began ,i was a young doctor1 #bg years of age4 ,my attitude towards my people and my ,fatherland took me to the front line as an army doctor4 ,i there joined an armored division1 where ,i remained until ,i was incapacitated due to the loss of an arm4 ,for only a very brief period1 during these years of war1 ,i worked as a medical officer in a military hospital back home4 ,there too1 my conception of my duties was directed by the wish to serve my country4 ,during this time of my work at home1 ,i received the order1 the execution of which made me a subject of the indictment of this trial4 ,the order for my participation in the experiments originated from my highest medical and military superior and was passed on to me1 as the assistant and first lieutenant1 through ,professor ,gebhardt4 ,professor ,gebhardt was the famous surgeon and much honored creator of ,hohenlychen4 ,he was a scientific authority whom ,i looked up to with reverence and confidence4 ,as a general of the ,waffen ,,ss he was my unconditional military superior4 ,i believed him1 that ,i had been earmarked by him to assist in the solution of an urgent medical problem which was to bring help and salvation to hundreds of thousands of wounded soldiers1 and which was to be a cure for them2 and ,i believed that this problem would mean a question of life and death to my people who were fighting for their existence4 ,i believed unconditionally that this order had come to me from the head of the state1 and that its execution was a necessity for the state4 ,i considered myself first as bound by this order1 as were the thousands of soldiers whom ,i had seen walk to their deaths during my years at the front1 following an order by the state4 ,this moving impression from the front bound me doubly1 particularly since ,i had had the privilege during that time of working in a hospital at home4 ,i considered myself1 particularly at home1 doubly bound like every soldier at the front to obey the order of my ,fatherland unconditionally4 ,what this order demanded from me had been introduced as a method of modern medicine in all civilized countries4 ,i was only concerned in the clinical part of it1 and that was taking place just as a course of treatment in the institute of ,hohenlychen1 or any other clinic4 ,what ,i did was what was ordered1 and ,i did nothing beyond that order4 ,i believed that ,i1 as a simple citizen1 did not have the right to criticize the measures of the state1 particularly not at a time in which my country was engaged in a struggle for life and death4 ,i hope that through my unconditional service at the front and through my two wounds1 ,i have shown that ,i did not only expect others to make sacrifices at this time1 but that ,i was prepared at any time to sacrifice myself with my life and my health4 ,within the scope of the order given to me ,i did what ,i could1 in my limited position as an assistant doctor1 for the life of the experimental subjects and for an exact and proper clinical development of the experiment4 ,i never could expect and foresee that deaths would occur4 ,when such fatalities did occur1 contrary to all expectation1 ,i was as shaken by that event as ,i was by the death of a patient in our clinic4 ,after that1 the experiments were immediately discontinued1 and ,i went back to the front4 ,together with ,professor ,gebhardt1 ,i reported about these experiments to the ,german public4 ,like many other ,germans1 there are many things which1 in retrospect1 ,i see more clearly today and in another light than in the past years4 ,in my young life ,i have tried to be a faithful son of my people1 and that brought me into this present miserable position4 ,i only wanted what was good4 ,in my life ,i have never followed egotistical aims1 and ,i was never motivated by base instincts4 ,for that reason1 ,i feel free of any guilt inside me4 ,i have acted as a soldier1 and as a soldier ,i am ready to bear the consequences4 ,however1 that ,i was born a ,german1 that is something about which ,i do not want to complain4 ----- #cc ,tr4 pp4 #aacaa-aacad4 #cd ,tr4 pp4 #aacae-aacaf4 #ce ,tr4 pp4 #aacaf-aacag4 #cf ,tr4 p4 #aacah4 #cg ,tr4 pp4 #aacah-aacai4 #ch ,tr4 pp4 #aacai-aacbd4 #ci ,tr4 pp4 #aacbe-aacbh4 #dj ,tr4 pp4 #aacbh-aacbi4 #da ,tr4 pp4 #aaccj-aacce4 #db ,tr4 pp4 #aacce-aacch4 #dc ,tr4 pp4 #aacch-aacdb4 #dd ,tr4 pp4 #aacdb-aacdg4 #de ,tr4 pp4 #aacdg-aacdh4 #df ,tr4 pp4 #aacdh-aacea4 #dg ,tr4 p4 #aacea4 #dh ,tr4 p4 #aaceb4 #di ,tr4 p4 #aaceb4 #ej ,tr4 p4 #aaceb4 #ea ,tr4 p4 #aaceb4 #eb ,tr4 pp4 #aaceb-aacee4 #ec ,tr4 pp4 #aacee-aacef4 #ed ,tr4 p4 #aacef4 #ee ,tr4 pp4 #aacef-aaceh4 ,,xii4 ,,judgment ,military ,tribunal ,i was established on #be ,october #aidf under ,general ,orders ,no4 #fh issued by command of the ,united ,states ,military ,government for ,germany4 ,it was the first of several military tribunals constituted in the ,united ,states ,zone of ,occupation pursuant to ,military ,government ,ordinance ,no4 #g1 for the trial of offenses recognized as crimes by ,law ,no4 #aj of the ,control ,council for ,germany4 ,by the terms of the order which established the ,tribunal and designated the undersigned as members thereof1 ,military ,tribunal ,i was ordered to convene at ,nuernberg1 ,germany1 to hear such cases as might be filed by the ,chief of ,counsel for ,war ,crimes or his duly designated representative4 ,on #be ,october #aidf the ,chief of ,counsel for ,war ,crimes lodged an indictment against the defendants named in the caption above in the ,office of the ,secretary ,general of ,military ,tribunal at the ,palace of ,justice1 ,nuernberg1 ,germany4 ,a copy of the indictment in the ,german language was served on each defendant on #e ,november #aidf4 ,military ,tribunal ,i arraigned the defendants on #ba ,november #aidf1 each defendant entering a plea of 8not guilty0 to all the charges preferred against him4 ,the presentation of evidence to sustain the charges contained in the indictment was begun by the prosecution on #i ,december #aidf4 ,at the conclusion of the prosecution's case in chief the defendants began the presentation of their evidence4 ,all evidence in the case was concluded on #c ,july #aidg4 ,during the week beginning #ad ,july #aidg the ,tribunal heard arguments by counsel for the prosecution and defense4 ,the personal statements of the defendants were heard on #ai ,july #aidg on which date the case was finally concluded4 ,the trial was conducted in two languages--,english and ,german4 ,it consumed #aci trial days1 including #f days allocated for final arguments and the personal statements of the defendants4 ,during the #acc trial days used for the presentation of evidence #cb witnesses gave oral evidence for the prosecution and #ec witnesses1 including the #bc defendants1 gave oral evidence for the defense4 ,in addition1 the prosecution put in evidence as exhibits a total of #egj affidavits1 reports1 and documents2 the defense put in a total number of #ija--making a grand total of #a1dga documents received in evidence4 ,copies of all exhibits tendered by the prosecution in their case in chief were furnished in the ,german language to the defendants prior to the time of the reception of the exhibits in evidence4 ,each defendant was represented at the arraignment and trial by counsel of his own selection4 ,whenever possible1 all applications by defense counsel for the procuring of the personal attendance of persons who made affidavits in behalf of the prosecution were granted and the persons brought to ,nuernberg for interrogation or cross-examination by defense counsel4 ,throughout the trial great latitude in presenting evidence was allowed defense counsel1 even to the point at times of receiving in evidence certain matters of but scant probative value4 ,all of these steps were taken by the ,tribunal in order to allow each defendant to present his defense completely1 in accordance with the spirit and intent of ,military ,government ,ordinance ,no4 #g which provides that a defendant shall have the right to be represented by counsel1 to cross-examine prosecution witnesses1 and to offer in the case all evidence deemed to have probative value4 ,the evidence has now been submitted1 final arguments of counsel have been concluded1 and the ,tribunal has heard personal statements from each of the defendants4 ,all that remains to be accomplished in the case is the rendition of judgment and the imposition of sentence4 ,,the ,,jurisdiction ,,of ,,the ,,tribunal ,the jurisdiction and powers of this ,tribunal are fixed and determined by ,law ,no4 #aj of the ,control ,council for ,germany4 ,the pertinent portions of the ,law with which we are concerned provide as follows3 ,,article ,,ii 8#a4 ,each of the following acts is recognized as a crime3 99 99 99 99 99 87b7 ,war ,crimes4 ,atrocities or offenses against persons or property constituting violations of the laws or customs of war1 including but not limited to1 murder1 ill-treatment or deportation to slave labor or for any other purpose1 of civilian population from occupied territory1 murder or ill-treatment of prisoners of war or persons on the seas1 killing of hostages1 plunder of public or private property1 wanton destruction of cities1 towns or villages1 or devastation not justified by military necessity4 87c7 ,crimes against ,humanity4 ,atrocities and offenses1 including but not limited to murder1 extermination1 enslavement1 deportation1 imprisonment1 torture1 rape1 or other inhumane acts committed against any civilian population1 or persecutions on political1 racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated4 87d7 ,membership in categories of a criminal group or organization declared criminal by the ,international ,military ,tribunal4 8#b4 ,any person without regard to nationality or the capacity in which he acted is deemed to have committed a crime as defined in 99 99 99 this ,article1 if he 7a7 was a principal or 7b7 was an accessory to the commission of any such crime or ordered or abetted the same or 7c7 took a consenting part therein or 7d7 was connected with plans or enterprises involving its commission or 7e7 was a member of any organization or group connected with the commission of any such crime 99 99 994 99 99 99 99 99 8#d4 7a7 ,the official position of any person1 whether as ,head of ,state or as a responsible official in a ,government ,department1 does not free him from responsibility for a crime or entitle him to mitigation of punishment4 7b7 ,the fact that any person acted pursuant to the order of his ,government or of a superior does not free him from responsibility for a crime1 but may be considered in mitigation40 ,the indictment in the case at bar is filed pursuant to these provisions4 ,,the ,,charge ,the indictment is framed in four counts4 ,,count ,,one--,the ,common ,design or ,conspiracy4 ,the first count of the indictment charges that the defendants1 acting pursuant to a common design1 unlawfully1 willfully1 and knowingly did conspire and agree together to commit war crimes and crimes against humanity1 as defined in ,control ,council ,law ,no4 #aj4 ,during the course of the trial the defendants challenged the first count of the indictment1 alleging as grounds for their motion the fact that under the basic law the ,tribunal did not have jurisdiction to try the crime of conspiracy considered as a separate substantive offense4 ,the motion was set down for argument and duly argued by counsel for the prosecution and the defense4 ,thereafter1 in one of its trial sessions the ,tribunal granted the motion4 ,that this judgment may be complete1 the ruling made at that time is incorporated in this judgment4 ,the order which was entered on the motion is as follows3 8,it is the ruling of this ,tribunal that neither the ,charter of the ,international ,military ,tribunal nor ,control ,council ,law ,no4 #aj has defined conspiracy to commit a war crime or crime against humanity as a separate substantive crime2 therefore1 this ,tribunal has no jurisdiction to try any defendant upon a charge of conspiracy considered as a separate substantive offense4 8,count ,i of the indictment1 in addition to the separate charge of conspiracy1 also alleges unlawful participation in the formulation and execution of plans to commit war crimes and crimes against humanity which actually involved the commission of such crimes4 ,we1 therefore1 cannot properly strike the whole of count ,i from the indictment1 but1 insofar as count ,i charges the commission of the alleged crime of conspiracy as a separate substantive offense1 distinct from any war crime or crime against humanity1 the ,tribunal will disregard that charge4 8,this ruling must not be construed as limiting the force or effect of ,article #b1 paragraph #b of ,control ,council ,law ,no4 #aj1 or as denying to either prosecution or defense the right to offer in evidence any facts or circumstances occurring either before or after ,september #aici1 if such facts or circumstances tend to prove or to disprove the commission by any defendant of war crimes or crimes against humanity as defined in ,control ,council ,law ,no4 #aj40 ,,counts ,,two ,,and ,,three--,war ,crimes and ,crimes against ,humanity4 ,the second and third counts of the indictment charge the commission of war crimes and crimes against humanity4 ,the counts are identical in content1 except for the fact that in count two the acts which are made the basis for the charges are alleged to have been committed on 8civilians and members of the armed forces of nations then at war with the ,german ,reich 99 99 99 in the exercise of belligerent control01 whereas in count three the criminal acts are alleged to have been committed against 8,german civilians and nationals of other countries40 ,with this distinction observed1 both counts will be treated as one and discussed together4 ,counts two and three allege1 in substance1 that between ,september #aici and ,april #aide all of the defendants 8were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving medical experiments without the subjects' consent 99 99 99 in the course of which experiments the defendants committed murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts40 ,it is averred that 8such experiments included1 but were not limited to0 the following3 87,a7 ,high-,altitude ,experiments4 ,from about ,march #aidb to about ,august #aidb experiments were conducted at the ,dachau concentration camp1 for the benefit of the ,german ,air ,force1 to investigate the limits of human endurance and existence at extremely high altitudes4 ,the experiments were carried out in a low-pressure chamber in which the atmospheric conditions and pressures prevailing at high altitude 7up to #fh1jjj feet7 could be duplicated4 ,the experimental subjects were placed in the low-pressure chamber and thereafter the simulated altitude therein was raised4 ,many victims died as a result of these experiments and others suffered grave injury1 torture1 and ill-treatment4 ,the defendants ,karl ,brandt1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,ruff1 ,romberg1 ,becker-,freyseng1 and ,weltz are charged with special responsibility for and participation in these crimes4 87,b7 ,freezing ,experiments4 ,from about ,august #aidb to about ,may #aidc experiments were conducted at the ,dachau concentration camp1 primarily for the benefit of the ,german ,air ,force1 to investigate the most effective means of treating persons who had been severely chilled or frozen4 ,in one series of experiments the subjects were forced to remain in a tank of ice water for periods up to #c hours4 ,extreme rigor developed in a short time4 ,numerous victims died in the course of these experiments4 ,after the survivors were severely chilled1 re-warming was attempted by various means4 ,in another series of experiments1 the subjects were kept naked outdoors for many hours at temperatures below freezing4 99 99 99 ,the defendants ,karl ,brandt1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 and ,weltz are charged with special responsibility for and participation in these crimes4 87,c7 ,malaria ,experiments4 ,from about ,february #aidb to about ,april #aide experiments were conducted at the ,dachau concentration camp in order to investigate immunization for and treatment of malaria4 ,healthy concentration camp inmates were infected by mosquitoes or by injections of extracts of the mucous glands of mosquitoes4 ,after having contracted malaria the subjects were treated with various drugs to test their relative efficacy4 ,over #a1jjj involuntary subjects were used in these experiments4 ,many of the victims died and others suffered severe pain and permanent disability4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 and ,sievers are charged with special responsibility for and participation in these crimes4 87,d7 ,lost 7,mustard7 ,gas ,experiments4 ,at various times between ,september #aici and ,april #aide experiments were conducted at ,sachsenhausen1 ,natzweiler1 and other concentration camps for the benefit of the ,german ,armed ,forces to investigate the most effective treatment of wounds caused by ,lost gas4 ,lost is a poison gas which is commonly known as mustard gas4 ,wounds deliberately inflicted on the subjects were infected with ,lost4 ,some of the subjects died as a result of these experiments and others suffered intense pain and injury4 ,the defendants ,karl ,brandt1 ,handloser1 ,blome1 ,rostock1 ,gebhardt1 ,rudolf ,brandt1 and ,sievers are charged with special responsibility for and participation in these crimes4 87,e7 ,sulfanilamide ,experiments4 ,from about ,july #aidb to about ,september #aidc experiments to investigate the effectiveness of sulfanilamide were conducted at the ,ravensbrueck concentration camp for the benefit of the ,german ,armed ,forces4 ,wounds deliberately inflicted on the experimental subjects were infected with bacteria such as streptococcus1 gas gangrene1 and tetanus4 ,circulation of blood was interrupted by tying off blood vessels at both ends of the wound to create a condition similar to that of a battlefield wound4 ,infection was aggravated by forcing wood shavings and ground glass into the wounds4 ,the infection was treated with sulfanilamide and other drugs to determine their effectiveness4 ,some subjects died as a result of these experiments and others suffered serious injury and intense agony4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,becker-,freyseng1 ,oberheuser1 and ,fischer are charged with special responsibility for and participation in these crimes4 87,f7 ,bone1 ,muscle1 and ,nerve ,regeneration and ,bone ,transplantation ,experiments4 ,from about ,september #aidb to about ,december #aidc experiments were conducted at the ,ravensbrueck concentration camp1 for the benefit of the ,german ,armed ,forces1 to study bone1 muscle1 and nerve regeneration1 and bone transplantation from one person to another4 ,sections of bones1 muscles1 and nerves were removed from the subjects4 ,as a result of these operations1 many victims suffered intense agony1 mutilation1 and permanent disability4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,rudolf ,brandt1 ,oberheuser1 and ,fischer are charged with special responsibility for and participation in these crimes4 87,g7 ,sea-,water ,experiments4 ,from about ,july #aidd to about ,september #aidd experiments were conducted at the ,dachau ,concentration camp1 for the benefit of the ,german ,air ,force and ,navy1 to study various methods of making sea water drinkable4 ,the subjects were deprived of all food and given only chemically processed sea water4 ,such experiments caused great pain and suffering and resulted in serious bodily injury to the victims4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 ,schaefer1 and ,beiglboeck are charged with special responsibility for and participation in these crimes4 87,h7 ,epidemic ,jaundice ,experiments4 ,from about ,june #aidc to about ,january #aide experiments were conducted at the ,sachsenhausen and ,natzweiler concentration camps1 for the benefit of the ,german ,armed ,forces1 to investigate the causes of1 and inoculations against1 epidemic jaundice4 ,experimental subjects were deliberately infected with epidemic jaundice1 some of whom died as a result1 and others were caused great pain and suffering4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 and ,becker-,freyseng are charged with special responsibility for and participation in these crimes4 87,i7 ,sterilization ,experiments4 ,from about ,march #aida to about ,january #aide sterilization experiments were conducted at the ,auschwitz and ,ravensbrueck concentration camps1 and other places4 ,the purpose of these experiments was to develop a method of sterilization which would be suitable for sterilizing millions of people with a minimum of time and effort4 ,these experiments were conducted by means of ,x-ray1 surgery1 and various drugs4 ,thousands of victims were sterilized and thereby suffered great mental and physical anguish4 ,the defendants ,karl ,brandt1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,brack1 ,pokorny1 and ,oberheuser are charged with special responsibility for and participation in these crimes4 87,j7 ,spotted ,fever 7,fleckfieber7#ef ,experiments4 ,from about ,december #aida to about ,february #aide experiments were conducted at the ,buchenwald and ,natzweiler concentration camps1 for the benefit of the ,german ,armed ,forces1 to investigate the effectiveness of spotted fever and other vaccines4 ,at ,buchenwald1 numerous healthy inmates were deliberately infected with spotted fever virus in order to keep the virus alive2 over #ij percent of the victims died as a result4 ,other healthy inmates were used to determine the effectiveness of different spotted fever vaccines and of various chemical substances4 ,in the course of these experiments #ge percent of the selected number of inmates were vaccinated with one of the vaccines or nourished with one of the chemical substances and1 after a period of #c to #d weeks1 were infected with spotted fever germs4 ,the remaining #be percent were infected without any previous protection in order to compare the effectiveness of the vaccines and the chemical substances4 ,as a result1 hundreds of the persons experimented upon died4 ,experiments with yellow fever1 smallpox1 typhus1 paratyphus ,a and ,b1 cholera1 and diphtheria were also conducted4 ,similar experiments with like results were conducted at ,natzweiler concentration camp4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 ,becker-,freyseng1 and ,hoven are charged with special responsibility for and participation in these crimes4 87,k7 ,experiments with ,poison4 ,in or about ,december #aidc and in or about ,october #aidd experiments were conducted at the ,buchenwald concentration camp to investigate the effect of various poisons upon human beings4 ,the poisons were secretly administered to experimental subjects in their food4 ,the victims died as a result of the poison or were killed immediately in order to permit autopsies4 ,in or about ,september #aidd experimental subjects were shot with poison bullets and suffered torture and death4 ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick are charged with special responsibility for and participation in these crimes4 87,l7 ,incendiary ,bomb ,experiments4 ,from about ,november #aidc to about ,january #aidd experiments were conducted at the ,buchenwald concentration camp to test the effect of various pharmaceutical preparations on phosphorus burns4 ,these burns were inflicted on experimental subjects with phosphorus matter taken from incendiary bombs1 and caused severe pain1 suffering1 and serious bodily injury4 ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick are charged with special responsibility for and participation in these crimes40 ,in addition to the medical experiments1 the nature and purpose of which have been outlined as alleged1 certain of the defendants are charged with criminal activities involving murder1 torture1 and ill-treatment of non-,german nationals as follows3 8#g4 ,between ,june #aidc and ,september #aidd the defendants ,rudolf ,brandt and ,sievers 99 99 99 were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder of civilians and members of the armed forces of nations then at war with the ,german ,reich and who were in the custody of the ,german ,reich in exercise of belligerent control4 ,one hundred twelve ,jews were selected for the purpose of completing a skeleton collection for the ,reich ,university of ,strasbourg4 ,their photographs and anthropological measurements were taken4 ,then they were killed4 ,thereafter1 comparison tests1 anatomical research1 studies regarding race1 pathological features of the body1 form and size of the brain1 and other tests were made4 ,the bodies were sent to ,strasbourg and defleshed4 8#h4 ,between ,may #aidb and ,january #aiddeg the defendants ,blome and ,rudolf ,brandt 99 99 99 were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder and mistreatment of tens of thousands of ,polish nationals who were civilians and members of the armed forces of a nation then at war with the ,german ,reich and who were in the custody of the ,german ,reich in exercise of belligerent control4 ,these people were alleged to be infected with incurable tuberculosis4 ,on the ground of insuring the health and welfare of ,germans in ,poland1 many tubercular ,poles were ruthlessly exterminated while others were isolated in death camps with inadequate medical facilities4 8#i4 ,between ,september #aici and ,april #aide the defendants ,karl ,brandt1 ,blome1 ,brack1 and ,hoven 99 99 99 were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the execution of the so-called #8euthanasia' program of the ,german ,reich in the course of which the defendants herein murdered hundreds of thousands of human beings1 including nationals of ,german-occupied countries4 ,this program involved the systematic and secret execution of the aged1 insane1 incurably ill1 of deformed children1 and other persons1 by gas1 lethal injections1 and divers other means in nursing homes1 hospitals1 and asylums4 ,such persons were regarded as #8useless eaters' and a burden to the ,german war machine4 ,the relatives of these victims were informed that they died from natural causes1 such as heart failure4 ,german doctors involved in the #8euthanasia' program were also sent to the eastern occupied countries to assist in the mass extermination of ,jews40 ,counts two and three of the indictment conclude with the averment that the crimes and atrocities which have been delineated 8constitute violations of international conventions 99 99 991 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and of ,article ,,ii of ,control ,council ,law ,no4 #aj40 ,,count ,,four--,membership in ,criminal ,organization3 ,the fourth count of the indictment alleges that the defendants ,karl ,brandt1 ,genzken1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,brack1 ,hoven1 and ,fischer are guilty of membership in an organization declared to be criminal by the ,international ,military ,tribunal1 in that each of these named defendants was a member of the ,,schutzstaffeln ,,der ,,national ,,sozialistischen ,,deutschen ,,arbeiterpartei 7commonly known as the ,,ss7 after #a ,september #aici1 in violation of paragraph #a 7d7 ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,before turning our attention to the evidence in the case we shall state the law announced by the ,international ,military ,tribunal with reference to membership in an organization declared criminal by the ,tribunal3 8,in dealing with the ,,ss the ,tribunal includes all persons who had been officially accepted as members of the ,,ss including the members of the ,allgemeine ,,ss1 members of the ,waffen ,,ss1 members of the ,,ss ,totenkopf ,verbaende1 and the members of any of the different police forces who were members of the ,,ss4 ,the ,tribunal does not include the so-called riding units 99 99 994 8,the ,tribunal declares to be criminal within the meaning of the ,charter the group composed of those persons who had been officially accepted as members of the ,,ss as enumerated in the preceding paragraph who became or remained members of the organization with knowledge that it was being used for the commission of acts declared criminal by ,article #f of the ,charter1 or who were personally implicated as members of the organization in the commission of such crimes1 excluding1 however1 those who were drafted into membership by the ,state in such a way as to give them no choice in the matter1 and who had committed no such crimes4 ,the basis of this finding is the participation of the organization in war crimes and crimes against humanity connected with the war2 this group declared criminal cannot include1 therefore1 persons who had ceased to belong to the organizations enumerated in the preceding paragraph prior to #a ,september #aici40 ,,the ,,proof ,,as ,,to ,,war ,,crimes ,,and ,,crimes ,,against ,,humanity ,judged by any standard of proof the record clearly shows the commission of war crimes and crimes against humanity substantially as alleged in counts two and three of the indictment4 ,beginning with the outbreak of ,world ,war ,,ii criminal medical experiments on non-,german nationals1 both prisoners of war and civilians1 including ,jews and 8asocial0 persons1 were carried out on a large scale in ,germany and the occupied countries4 ,these experiments were not the isolated and casual acts of individual doctors and scientists working solely on their own responsibility1 but were the product of coordinated policy-making and planning at high governmental1 military1 and ,nazi ,party levels1 conducted as an integral part of the total war effort4 ,they were ordered1 sanctioned1 permitted1 or approved by persons in positions of authority who under all principles of law were under the duty to know about these things and to take steps to terminate or prevent them4 ,,permissible ,,medical ,,experiments ,the great weight of the evidence before us is to the effect that certain types of medical experiments on human beings1 when kept within reasonably well-defined bounds1 conform to the ethics of the medical profession generally4 ,the protagonists of the practice of human experimentation justify their views on the basis that such experiments yield results for the good of society that are unprocurable by other methods or means of study4 ,all agree1 however1 that certain basic principles must be observed in order to satisfy moral1 ethical and legal concepts3 #a4 ,the voluntary consent of the human subject is absolutely essential4 ,this means that the person involved should have legal capacity to give consent2 should be so situated as to be able to exercise free power of choice1 without the intervention of any element of force1 fraud1 deceit1 duress1 over-reaching1 or other ulterior form of constraint or coercion2 and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision4 ,this latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature1 duration1 and purpose of the experiment2 the method and means by which it is to be conducted2 all inconveniences and hazards reasonably to be expected2 and the effects upon his health or person which may possibly come from his participation in the experiment4 ,the duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates1 directs or engages in the experiment4 ,it is a personal duty and responsibility which may not be delegated to another with impunity4 #b4 ,the experiment should be such as to yield fruitful results for the good of society1 unprocurable by other methods or means of study1 and not random and unnecessary in nature4 #c4 ,the experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results will justify the performance of the experiment4 #d4 ,the experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury4 #e4 ,no experiment should be conducted where there is an a priori reason to believe that death or disabling injury will occur2 except1 perhaps1 in those experiments where the experimental physicians also serve as subjects4 #f4 ,the degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment4 #g4 ,proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury1 disability1 or death4 #h4 ,the experiment should be conducted only by scientifically qualified persons4 ,the highest degree of skill and care should be required through all stages of the experiment of those who conduct or engage in the experiment4 #i4 ,during the course of the experiment the human subject should be at liberty to bring the experiment to an end if he has reached the physical or mental state where continuation of the experiment seems to him to be impossible4 #aj4 ,during the course of the experiment the scientist in charge must be prepared to terminate the experiment at any stage1 if he has probably cause to believe1 in the exercise of the good faith1 superior skill and careful judgment required of him that a continuation of the experiment is likely to result in injury1 disability1 or death to the experimental subject4 ,of the ten principles which have been enumerated our judicial concern1 of course1 is with those requirements which are purely legal in nature--or which at least are so clearly related to matters legal that they assist us in determining criminal culpability and punishment4 ,to go beyond that point would lead us into a field that would be beyond our sphere of competence4 ,however1 the point need not be labored4 ,we find from the evidence that in the medical experiments which have been proved1 these ten principles were much more frequently honored in their breach than in their observance4 ,many of the concentration camp inmates who were the victims of these atrocities were citizens of countries other than the ,german ,reich4 ,they were non-,german nationals1 including ,jews and 8asocial persons01 both prisoners of war and civilians1 who had been imprisoned and forced to submit to these tortures and barbarities without so much as a semblance of trial4 ,in every single instance appearing in the record1 subjects were used who did not consent to the experiments2 indeed1 as to some of the experiments1 it is not even contended by the defendants that the subjects occupied the status of volunteers4 ,in no case was the experimental subject at liberty of his own free choice to withdraw from any experiment4 ,in many cases experiments were performed by unqualified persons2 were conducted at random for no adequate scientific reason1 and under revolting physical conditions4 ,all of the experiments were conducted with unnecessary suffering and injury and but very little1 if any1 precautions were taken to protect or safeguard the human subjects from the possibilities of injury1 disability1 or death4 ,in every one of the experiments the subjects experienced extreme pain or torture1 and in most of them they suffered permanent injury1 mutilation1 or death1 either as a direct result of the experiments or because of lack of adequate follow-up care4 ,obviously all of these experiments involving brutalities1 tortures1 disabling injury1 and death were performed in complete disregard of international conventions1 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 and ,control ,council ,law ,no4 #aj4 ,manifestly human experiments under such conditions are contrary to 8the principles of the law of nations as they result from the usages established among civilized peoples1 from the laws of humanity1 and from the dictates of public conscience40 ,whether any of the defendants in the dock are guilty of these atrocities is1 of course1 another question4 ,under the ,anglo-,saxon system of jurisprudence every defendant in a criminal case is presumed to be innocent of an offense charged until the prosecution1 by competent1 credible proof1 has shown his guilt to the exclusion of every reasonable doubt4 ,and this presumption abides with a defendant through each stage of his trial until such degree of proof has been adduced4 ,a 8reasonable doubt0 as the name implies is one conformable to reason--a doubt which a reasonable man would entertain4 ,stated differently1 it is that state of a case which1 after a full and complete comparison and consideration of all the evidence1 would leave an unbiased1 unprejudiced1 reflective person1 charged with the responsibility for decision1 in the state of mind that he could not say that he felt an abiding conviction amounting to a moral certainty of the truth of the charge4 ,if any of the defendants are to be found guilty under counts two or three of the indictment it must be because the evidence has shown beyond a reasonable doubt that such defendant1 without regard to nationality or the capacity in which he acted1 participated as a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 or was connected with plans or enterprises involving the commission of at least some of the medical experiments and other atrocities which are the subject matter of these counts4 ,under no other circumstances may he be convicted4 ,before examining the evidence to which we must look in order to determine individual culpability1 a brief statement concerning some of the official agencies of the ,german ,government and ,nazi ,party which will be referred to in this judgment seems desirable4 ,,the ,,medical ,,service ,,in ,,germany ,adolf ,hitler was the head of the ,nazi ,party1 the ,german ,government1 and the ,german ,armed ,forces4 ,his title as ,chief of the ,government was 8,reich ,chancellor04 ,as ,supreme ,leader of the ,national ,socialist ,german ,workers' ,party1 commonly called the ,,nsdap or ,nazi ,party1 his title was 8,fuehrer04 ,as head of ,germany's armed military might he was 8,supreme ,commander in ,chief of the ,german ,armed ,forces ,supreme ,commander of the ,german ,armed ,forces1 or ,wehrmacht04 ,the staff through which ,hitler controlled the ,german ,armed ,forces was known as the 8,supreme ,command of the ,wehrmacht0 7,,okw74 ,the chief of this staff was ,field ,marshal ,wilhelm ,keitel4 ,under the ,supreme ,command of the ,wehrmacht were the ,supreme ,high ,commands of the ,army1 ,navy1 and ,air ,force4 ,the ,supreme ,high ,command of the ,navy 7,,okm7 was headed by ,grand ,admiral ,karl ,doenitz4 ,the ,supreme ,high ,command of the ,army 7,,okh7 was headed by ,field ,marshal ,walter von ,brauchitsch until ,december #aida1 and thereafter by ,hitler himself4 ,the ,supreme ,high ,command of the ,air ,force 7,,okl7 was headed by ,reich ,marshal ,hermann ,goering4 ,each of the three branches of the ,wehrmacht maintained its own medical service4 ,army ,medical ,service4 ,the defendant ,handloser was the head of the ,army ,medical ,service from #a ,january #aida to #a ,september #aidd4 ,while in this position he served in two capacities1 namely2 as ,army ,medical ,inspector and as ,army ,heeres ,physician4 ,these positions required the maintenance of two departments1 each separate from the other4 ,at one time or another there were subordinated to ,handloser in these official capacities the following officers1 among others3 ,generalarzt ,professor ,schreiber and ,professor ,rostock2 ,oberstabsaerzte ,drs4 ,scholz1 ,eyer1 ,bernhard ,schmidt and ,craemer2 ,oberstabsaerzte ,professor ,gutzeit and ,professor ,wirth2 ,stabsarzt ,professor ,kliewe and ,professor ,killian1 and ,stabsarzt ,dr4 ,dohmen4 ,under his supervision in either or both of his official capacities were the ,military ,medical ,academy1 the ,typhus and ,virus ,institute of the ,,okh at ,cracow ,krakow and ,lemberg ,lvov1 and the ,medical ,school for ,mountain ,troops at ,st4 ,johann4 ,luftwaffe ,medical ,service4 ,from the beginning of the war until #a ,january #aidd ,hippke was ,chief of the ,medical ,service of the ,luftwaffe4 ,on that date the defendant ,schroeder succeeded ,hippke and remained in that position until the end of the war4 ,subordinated to ,schroeder as ,chief of the ,medical ,service of the ,luftwaffe were the following defendants3 ,rose1 who was consulting medical officer on hygiene and tropical medicine2 ,weltz1 who was chief of the ,institute for ,aviation ,medicine in ,munich2 ,becker-,freyseng1 a consultant for aviation medicine in ,schroeder's office2 ,ruff1 the chief of the ,institute for ,aviation ,medicine in the ,german ,experimental ,institute for ,aviation in ,berlin2 ,romberg1 ,ruff's chief assistant1 who toward the end of the war attained the position of a department head at the ,institute2 ,schaefer1 who1 in the summer of #aidb1 was assigned to the staff of the ,research ,institute for ,aviation ,medicine in ,berlin to do research work on the problem of sea emergency2 and ,beiglboeck1 a ,luftwaffe officer who performed medical experiments on concentration camp inmates at ,dachau in ,july #aidd for the purpose of determining the potability of processed sea water4 ,under ,schroeder's jurisdiction as ,chief of the ,luftwaffe ,medical ,service was the ,medical ,academy of the ,luftwaffe at ,berlin4 ,,ss ,medical ,service4 ,one of the most important branches of the ,nazi ,party was the ,schutzstaffel of the ,,nsdap1 commonly known as the ,,ss4 ,heinrich ,himmler was chief of the ,,ss with the title of ,reichsfuehrer ,,ss1 and on his personal staff1 serving in various and sundry official capacities was the defendant ,rudolf ,brandt4 ,the ,,ss maintained its own medical service headed by a certain ,dr4 ,grawitz1 who held the position of ,reich ,physician ,,ss and ,police4 ,medical ,service of the ,waffen ,,ss4 ,the ,,ss branch of the ,nazi ,party1 in turn1 was divided into several components1 of which one of the most important was the ,waffen1 or ,armed1 ,,ss4 ,the ,waffen ,,ss was formed into military units and fought at the front with units of the ,wehrmacht4 ,such medical units of the ,waffen ,,ss as were assigned to the field1 became subordinated to the ,medical ,service of the ,army1 which was supervised by ,handloser4 ,the ,chief of the ,waffen ,,ss ,medical ,service was the defendant ,genzken4 ,his immediate superior was ,reich ,physician ,,ss and ,police ,grawitz4 ,six other defendants in the dock were members of the ,medical ,service of the ,,ss1 under ,grawitz1 namely2 ,gebhardt1 who in #aidj became surgical adviser to the ,waffen ,,ss and who in ,august #aidc created and took over the position of chief clinical officer of the ,reich ,physician ,,ss and ,police2 ,mrugowsky1 who became ,chief of the ,hygiene ,institute of the ,waffen ,,ss under ,genzken in ,november #aidj1 and when the ,institute was taken from ,genzken's supervision on #a ,september #aidc and placed under direct subordination to ,grawitz1 remained as chief2 ,poppendick1 who in #aida was appointed ,chief ,physician of the ,main ,race and ,settlement ,office in ,berlin and who in #aidc also became chief of the personal staff of the ,reich ,physician ,,ss and ,police2 ,hoven1 who from the beginning of #aida until ,july #aidb1 served as the assistant1 and from then to ,september #aidc1 as chief physician at the ,buchenwald concentration camp2 ,fischer1 an assistant physician to the defendant ,gebhardt2 and finally the defendant ,oberheuser1 who in ,december #aidj became a physician at the ,ravensbrueck concentration camp1 and thereafter1 from ,june #aidc until the end of the war1 served as an assistant physician under the defendant ,gebhardt at ,hohenlychen4 ,civilian ,medical ,service4 ,throughout the war the ,civilian ,medical ,services of the ,reich were headed by a certain ,dr4 ,leonardo ,conti4 ,conti had two principal capacities 7#a7 he was the ,state ,secretary for ,health in the ,ministry of the ,interior of the ,government2 in this capacity he was a ,german civil servant subordinated to the ,minister of the ,interior--first ,wilhelm ,frick and later1 ,heinrich ,himmler2 7#b7 he was the ,reich ,health ,leader of the ,nazi ,party2 in this capacity he was subordinated to the ,nazi ,party ,chancellery1 the ,chief of which was ,martin ,bormann4 ,in his capacity as ,reich ,health ,leader1 ,conti had as his deputy the defendant ,blome4 ,reorganization of ,wehrmacht ,medical ,service4 ,in #aidb a reorganization of the various medical services of the ,wehrmacht was effected4 ,by a ,fuehrer decree of #bh ,july #aidb1 ,handloser became ,chief of the ,medical ,services of the ,wehrmacht1 while at the same time retaining his position as ,chief ,physician of the ,army and ,army ,medical ,inspector4 ,under the decree referred to1 ,handloser was given power and authority to supervise and coordinate 8all tasks common to the ,medical ,services of the ,wehrmacht1 the ,waffen ,,ss and the organizations and units subordinate or attached to the ,wehrmacht40 ,he was also commanded 8to represent the ,wehrmacht before the civilian authorities in all common medical problems arising in the various branches of the ,wehrmacht1 the ,waffen ,,ss and organizations and units subordinate or attached to the ,wehrmacht0 and 8to protect the interests of the ,wehrmacht in all medical measures taken by the civilian authorities40 ,handloser thus became supreme medical leader in the military field1 as was ,conti in the civilian health and medical service4 ,by a subsequent ,fuehrer decree of #g ,august #aidd ,handloser was relieved of his duties as ,chief ,physician of the ,army and ,army ,medical ,inspector1 but retained his position as ,chief of the ,wehrmacht ,medical ,service4 ,by the decree of #bh ,july #aidb pursuant to which ,handloser became ,chief of the ,medical ,services of the ,wehrmacht1 the defendant ,karl ,brandt became empowered1 subordinate only to1 and receiving instructions directly from1 ,hitler 8to carry out special tasks and negotiations to readjust the requirements for doctors1 hospitals1 medical supplies1 etc41 between the military and the civilian sectors of the ,health and ,medical ,services40 ,the decree also directed that ,brandt 8is to be kept informed about the fundamental events in the ,medical ,service of the ,wehrmacht and in the ,civilian ,health ,service0 and 8is authorized to intervene in a responsible manner40 ,a subsequent decree issued #e ,september #aidc extended the powers of the defendant ,karl ,brandt by providing3 8,the plenipotentiary for the ,medical and ,health ,services 99 99 99 is charged with centrally coordinating and directing the problems and activities of the entire ,medical and ,health ,service according to instructions4 ,in this sense this order applies also to the field of medical science and research1 as well as to the organizational institutions concerned with the manufacture and distribution of medical material4 ,the plenipotentiary for the ,medical and ,health services is authorized to appoint and commission special deputies for this sphere of action40 ,by a later decree of #be ,august #aidd ,karl ,brandt was made ,reich ,commissioner for ,sanitation and ,health for the duration of the war2 the decree providing3 8,in this capacity his office ranks as highest ,reich ,authority0 and he is 8authorized to issue instructions to the offices and organizations of the ,state1 ,party1 and ,wehrmacht which are concerned with the problems of the medical and health services40 ,thus1 by this series of decrees1 the defendant ,karl ,brandt1 within this sphere of competence1 became the supreme medical authority of the ,reich subordinate to no one but ,hitler4 ,three of the defendants are not physicians4 ,the first is the defendant ,brack who became subordinated to ,bouhler at the time the latter was appointed ,chief of the ,chancellery of the ,fuehrer1 in #aicd1 and remained with ,bouhler throughout the war4 ,the second is the defendant ,rudolf ,brandt who1 from the time he joined the staff of ,himmler in #aicc1 served for a twelve-year period in varying capacities4 ,at first ,rudolf ,brandt was a mere clerk in the staff of the ,reichsfuehrer ,,ss but by #aicf had risen to chief of the personal staff of ,himmler4 ,in #aich or #aici he became ,himmler's liaison officer to the ,ministry of the ,interior and particularly to the ,office of the ,secretary of the ,interior4 ,when ,himmler became ,minister of the ,interior in #aidc ,rudolf ,brandt became ,chief of the ,ministerial ,office2 when ,himmler became ,president of the ,ahnenerbe ,society1 ,rudolf ,brandt became liaison officer between ,himmler and the ,reich ,secretary of the ,ahnenerbe ,society1 defendant ,wolfram ,sievers4 ,the third is the defendant ,sievers1 who was a member of ,himmler's personal staff and ,reich ,business ,manager of the ,ahnenerbe ,society from #a ,july #aice until the end of the war4 ,,the ,,ahnenerbe ,,society ,the ,ahnenerbe ,society1 of which ,sievers was ,reich ,business ,manager1 was in existence as an independent entity as early as #aicc4 ,on #a ,july #aice the ,ahnenerbe became duly registered as an organization to conduct or further 8research on the locality1 mind1 deeds and heritage of the ,northern race of ,indo-,germans and to pass on the results of this research to the people in an interesting manner40 ,on #a ,january #aidb the ,society became part of the personal staff of the ,reichsfuehrer ,,ss and thereby a section of the ,,ss4 ,its management was composed of ,heinrich ,himmler as ,president1 ,professor ,dr4 ,wuest1 ,rector of the ,university of ,munich1 as ,curator1 and the defendant ,sievers as ,reich ,business ,manager4 ,subsequently1 during the same year1 the ,institute of ,military ,scientific ,research was established as a part of the ,ahnenerbe4 ,its purposes are defined in a letter written by ,himmler to ,sievers1 which directed the following with reference to the ,ahnenerbe3 8#a4 ,to establish an ,institute for ,military ,scientific ,research4 #b4 ,to support in every possible way the research carried out by ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt and to promote all corresponding research and undertakings4 #c4 ,to make available the required apparatus1 equipment1 accessories and assistants1 or to procure them4 #d4 ,to make use of the facilities available in ,dachau4 #e4 ,to contact the ,chief of the ,,ss ,economic and ,administrative ,main ,office with regards to the costs which can be borne by the ,waffen ,,ss40 ,in its judgment1 the ,international ,military ,tribunal made the following findings of fact with reference to the ,ahnenerbe3 8,also attached to the ,,ss main offices was a research foundation known as the ,experiments ,ahnenerbe4 ,the scientists attached to this organization are stated to have been mainly honorary members of the ,,ss4 ,during the war an institute for military scientific research became attached to the ,ahnenerbe which conducted extensive experiments involving the use of living human beings4 ,an employee of this institute was a certain ,dr4 ,rascher1 who conducted these experiments with the full knowledge of the ,ahnenerbe1 which were subsidized and under the patronage of the ,reichsfuehrer ,,ss who was a trustee of the foundation40#eh ,we shall now discuss the evidence as it pertains to the cases of the individual defendants4 ,the evidence conclusively shows that the ,german word 8,fleckfieber0 which is translated in the indictment as 8spotted fever0 is more correctly translated by 8typhus40 ,this is admitted1 and in this judgment1 in accord with the evidence1 we use the word typhus instead of 8spotted fever40 ,,karl ,,brandt ,the defendant ,karl ,brandt is charged with special responsibility for1 and participation in1 ,freezing1 ,malaria1 ,lost ,gas1 ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 ,epidemic ,jaundice1 ,sterilization1 and ,typhus ,experiments1 as alleged under counts two and three of the indictment4 ,he is also charged in counts two and three with criminality in connection with the planning and carrying out of the ,euthanasia ,program of the ,german ,reich4 ,under count four of the indictment he is charged with membership in the ,,ss1 an organization declared criminal by the judgment of the ,international ,military ,tribunal4 ,karl ,brandt was born #h ,january #aijd at ,muehlhausen1 ,alsace1 then a portion of ,germany1 studied medicine1 and passed his medical examination in #aibh4 ,he joined the ,national ,socialist ,party in ,january #aicb1 and became a member of the ,,sa in #aicc4 ,he became a member of the ,allgemeine ,,ss in ,july #aicd and was appointed ,untersturmfuehrer on the day he joined that organization4 ,during the summer of #aicd he became ,hitler's 8,escort ,physician0--as he describes the office4 ,he was promoted to the grade of ,obersturmfuehrer in the ,allgemeine ,,ss on #a ,january #aice1 and in #aich was classed as deferred in order that in case of war he might be free to serve on the staff of the ,reich ,chancellery in ,hitler's headquarters4 ,during the month of ,april #aici ,karl ,brandt was promoted to the rank of ,obersturmbannfuehrer in the ,allgemeine ,,ss4 ,in #aidj he was transferred from the ,allgemeine ,,ss to the ,waffen ,,ss1 in which commissions were equivalent to those of the army4 ,on #cj ,january #aidc he received a grade equivalent to that of major general in the ,waffen ,,ss1 and on #bj ,april #aidd was promoted to the grade of lieutenant general in that organization4 ,having at some previous date been relieved as ,hitler's escort physician1 he was again appointed as such in the fall of #aidd4 ,on #af ,april #aide he was arrested by the ,gestapo1 and the next day was condemned to death by a court at ,berlin4 ,he was released from arrest by order of the provisional government under ,doenitz on #b ,may #aide4 ,on #bc ,may #aide he was placed under arrest by the ,british authorities4 ,by decree bearing date #bh ,july #aidb1 signed by ,hitler1 ,keitel1 and ,lammers1 ,karl ,brandt was invested with high authority over the medical services1 military and civilian1 in ,germany4 ,paragraphs #c and #d of this decree1 referring to ,karl ,brandt1 read as follows3 8#c4 ,i empower ,professor ,dr4 ,karl ,brandt1 subordinate only to me personally and receiving his instructions directly from me1 to carry out special tasks and negotiations to readjust the requirements for doctors1 hospitals1 medical supplies1 etc41 between the military and the civilian sectors of the ,health and ,medical ,services4 8#d4 ,my plenipotentiary for ,health and ,medical ,services is to be kept informed about the fundamental events in the ,medical ,service of the ,wehrmacht and in the ,civilian ,health ,service4 ,he is authorized to intervene in a responsible manner40 ,by decree bearing date #e ,september #aidc1 signed by ,hitler and ,lammers1 ,brandt's authority was strengthened4 ,this decree reads as follows3 8,in amplification of my decree concerning the ,medical and ,health ,services of #bh ,july #aidb 7,,rgbl4 ,i1 ,p4 #eae7 ,i order3 8,the plenipotentiary for the ,medical and ,health ,services1 ,general ,commissioner ,professor ,dr4 med4 ,brandt1 is charged with centrally coordinating and directing the problems and activities of the entire ,medical and ,health ,services according to instructions4 ,in this sense this order applies also to the field of medical science and research1 as well as to the organizational institutions concerned with the manufacture and distribution of medical material4 8,the plenipotentiary for the ,medical and ,health ,services is authorized to appoint and commission special deputies for his spheres of action40 ,by further decree bearing date #be ,august #aidd1 signed by ,hitler1 ,lammers1 ,bormann1 and ,keitel1 ,karl ,brandt received further authority4 ,this decree reads3 8,i hereby appoint the ,general ,commissioner for ,medical and ,health matters1 ,professor ,dr4 ,brandt1 ,reich ,commissioner for ,sanitation and ,health ,reich ,commissioner for ,medical and ,health ,services as well1 for the duration of this war4 ,in this capacity his office ranks as highest ,reich authority4 8,the ,reich ,commissioner for ,medical and ,health ,services is authorized to issue instructions to the offices and organizations of the ,state1 ,party1 and ,wehrmacht1 which are concerned with the problems of the ,medical and ,health ,services40 ,prosecution ,exhibit #dde1 a letter bearing date at ,munich1 #i ,january #aidc1 signed by ,conti and marked 8,strictly ,confidential0 directed to the ,leaders of ,public ,health ,gau ,offices of the ,national ,socialist ,german ,workers' ,party1 refers to a decree of the ,fuehrer on 8,suspending the ,pledge to ,secrecy in ,special ,cases40 ,the letter continues3 8,for your strictly confidential information ,i am sending attached ,fuehrer decree and the circular letter ,i am writing on that subject to the heads of the medical chambers40 ,another portion of the exhibit consists of a copy of ,conti's letter1 also bearing date #i ,january #aidc1 to the heads of the medical chambers1 and reads as follows3 8,strictly ,confidential4 8,subject3 ,fuehrer decree on suspension of pledge to secrecy in special cases4 8,gentlemen3 8,i am sending you enclosed a ,fuehrer decree which ,i received from ,professor ,dr4 ,brandt4 8,communications having bearing on the ,fuehrer decree should be directed to the following address3 ,professor ,doctor ,karl ,brandt1 ,personal ,attention1 ,berlin ,w#h1 ,reich ,chancellory4 8,it is left to the discretion of the physician who is handling the case whether he wishes to acquaint the patient with the information himself40 ,hitler's decree1 bearing date #bc ,december #aidb1 reads as follows3 8,i not only relieve physicians1 medical practitioners and dentists of their pledge to secrecy towards my ,commissioner ,general ,professor ,dr4 med4 ,karl ,brandt1 but ,i place upon them the binding obligation to advise him--for my own information--immediately after a final diagnosis has established a serious disease1 or a disease of ill-boding character1 with a personality holding a leading position or a position of responsibility in the ,state1 the ,party1 the ,wehrmacht1 in industry1 and so forth40 ,concerning this matter ,karl ,brandt testified that the decree 8in special cases0 relieved ,german physicians from one of the generally accepted principles of medical practice4 ,from the year #aidb to the end of the war ,karl ,brandt was a member of the ,reich ,research ,council and was also a member of the ,presidential ,council of that body4 ,karl ,brandt1 then1 finally reached a position authorizing him to issue instructions to all the medical services of the ,state1 ,party1 and ,wehrmacht concerning medical problems 7,hitler ,decree bearing date #be ,august #aidd74 ,the above decrees of ,hitler disclose his great reliance upon ,karl ,brandt and the high degree of personal and professional confidence which ,hitler reposed in him4 ,it may be noted that by the service regulation governing the ,chief of the ,medical ,services of the ,wehrmacht1 issued by ,keitel #g ,august #aidd1 the chief of those medical services was required to pay due regard to the general rules of the ,fuehrer's ,commissioner ,general for ,medical and ,health ,departments4 ,the regulation contained the following3 8#c4 ,the ,chief of the ,medical ,services of the ,wehrmacht will inform the ,fuehrer's ,commissioner ,general about basic events in the field of the ,medical ,services of the ,wehrmacht40 ,by a pre-trial affidavit made by the defendant ,handloser and put in evidence by the prosecution1 ,handloser makes the statement that ,karl ,brandt was his 8immediate superior in medical affairs40 ,,sulfanilamide ,,experiments ,certain sulfanilamide experiments were conducted at ,ravensbrueck for a period of about a year prior to ,august #aidc4 ,these experiments were carried on by the defendants ,gebhardt1 ,fischer1 and ,oberheuser--,gebhardt being in charge of the project4 ,at the ,third ,meeting of the ,consulting ,physicians of the ,wehrmacht held at the ,military ,medical ,academy in ,berlin from #bd to #bf ,may #aidc1 ,gebhardt and ,fischer made a complete report concerning these experiments4 ,karl ,brandt was present and heard the reports4 ,gebhardt testified that he made a full statement concerning what he had done1 stating that experiments had been carried out on human beings4 ,the evidence is convincing that statements were also made that the persons experimented upon were concentration camp inmates4 ,it was stated that #ge persons had been experimented upon1 that the subjects had been deliberately infected1 and that different drugs had been used in treating the infections to determine their respective efficacy4 ,it was also stated that three of the subjects died4 ,it nowhere appears that ,karl ,brandt made any objection to such experiments or that he made any investigation whatever concerning the experiments reported upon1 or to gain any information as to whether other human subjects would be subjected to experiments in the future4 ,had he made the slightest investigation he could have ascertained that such experiments were being conducted on non-,german nationals1 without their consent1 and in flagrant disregard of their personal rights2 and that such experiments were planned for the future4 ,in the medical field ,karl ,brandt held a position of the highest rank directly under ,hitler4 ,he was in a position to intervene with authority on all medical matters2 indeed1 it appears that such was his positive duty4 ,it does not appear that at any time he took any steps to check medical experiments upon human subjects4 ,during the war he visited several concentration camps4 ,occupying the position he did1 and being a physician of ability and experience1 the duty rested upon him to make some adequate investigation concerning the medical experiments which he knew had been1 were being1 and doubtless would continue to be1 conducted in the concentration camps4 ,,epidemic ,,jaundice ,,experiments ,karl ,brandt is charged with criminal responsibility for experiments conducted for the purpose of discovering an effective vaccine to bring about immunity from epidemic jaundice4 ,grawitz1 by letter dated #a ,june #aidc1 wrote ,himmler stating that ,karl ,brandt had requested his assistance in the matter of research on the causes of epidemic jaundice4 ,grawitz stated that ,karl ,brandt had interested himself in this research and desired that prisoners be placed at his disposal4 ,the letter further stated that up to that date experiments had been made only on animals1 but that it had become necessary to pursue the matter further by inoculating human beings with virus cultures4 ,the letter stated that deaths must be anticipated1 and that eight prisoners who had been condemned to death were needed for the experiments at the hospital of the concentration camp at ,sachsenhausen4 ,under date of #af ,june #aidc ,himmler acknowledged the letter from ,grawitz and directed that eight criminals in ,auschwitz1 ,jews of the ,polish ,resistance ,movement condemned to death1 should be used for experiments which should be conducted by ,dr4 ,dohmen at ,sachsenhausen4 ,karl ,brandt's knowledge of experiments on non-,german nationals is clearly shown by the foregoing4 ,,lost 7,,mustard7 ,,gas ,,experiments ,it is clear from the record that experiments with ,lost gas were conducted on concentration camp inmates throughout the period covered by the indictment4 ,the evidence is that over #bjj concentration camp inmates1 ,russians1 ,poles1 ,czechs1 and ,germans1 were used as experimental subjects4 ,at least #ej of these subjects1 most of whom were nonvolunteers1 died as a direct or indirect result of the treatment received4 ,karl ,brandt knew of the fact that such experiments were being conducted4 ,the evidence is to the effect that he knew of ,lost gas experiments conducted by ,bickenbach at ,strasbourg during the fall of #aidc1 in which ,russian prisoners were apparently used as subjects1 some of whom died4 ,a letter written by the defendant ,sievers to the defendant ,rudolf ,brandt1 dated #aa ,april #aidd1 points to the fact that ,karl ,brandt knew of still other such experiments4 ,the letter states1 that in accordance with instructions he1 ,sievers1 had contacted ,karl ,brandt1 at ,beelitz1 and had reported to him concerning the activities of a certain ,dr4 ,hirt1 who the evidence shows had been experimenting with ,lost gas upon concentration camp inmates at ,natzweiler4 ,in the letter1 ,sievers states1 further1 that ,karl ,brandt had told him that he would be in ,strasbourg in ,april and would then discuss details with ,dr4 ,hirt4 ,knowledge of the conduct of at least some of the experiments was confirmed by ,karl ,brandt when he testified in his own behalf4 ,he stated that pursuant to competent authority he had engaged in studies concerning defense measures against poison gas4 ,he admitted receiving a report from ,hirt1 and that one reading the report could reach the conclusion that human beings had been experimented upon in connection with injuries from ,lost gas4 ,,freezing1 ,,malaria1 ,,bone1 ,,muscle ,,and ,,nerve ,,regeneration ,,and ,,bone ,,transplantation1 ,,sea-,,water1 ,,sterilization1 ,,and ,,typhus ,,experiments ,the evidence does not show beyond a reasonable doubt that ,karl ,brandt is criminally responsible on account of the experiments with which he is charged under these specifications4 ,the defendant ,karl ,brandt certainly knew that medical experiments were carried out in concentration camps upon human subjects1 that the experiments caused suffering1 injury1 and death4 ,by letter bearing date #bf ,january #aidc ,karl ,brandt wrote to ,wolff at the ,fuehrer's 7,hitler's7 headquarters asking if it were possible to carry out 8nutritional experiments0 in concentration camps4 ,the nature of the desired experiments does not appear1 nor does the evidence show whether or not such experiments were ever made4 ,the letter1 however1 indicates ,brandt's knowledge of the fact that human subjects could be made available for experimentation4 ,defendant ,rudolf ,brandt1 by letter dated #d ,september #aidd1 wrote ,baumert1 evidently a member of ,himmler's staff1 stating that ,karl ,brandt had telephoned and requested that ,himmler direct that #aj prisoners from ,oranienburg should be made available as of the next day for two days to test a certain drug4 ,the letter stated that the prisoners would not be injured by the test4 ,it appears from an official note filed by ,kliewe of the ,army ,medical ,inspectorate1 dated #bc ,february #aidd1 referring to a conversation with the defendant ,blome on that date1 that experiments concerning biological warfare connected with plant parasites1 etc41 had been made2 that up to that date no experiments had been conducted in the field of human medicine2 but that such experiments were necessary and were in contemplation4 ,the memorandum continues3 8,field ,marshal ,keitel has given permission to build2 ,reichsfuehrer ,,ss and ,generalarzt ,professor ,brandt have assured him of vast support4 ,by request of ,field ,marshal ,keitel the armed forces are not to have a responsible share in the experiments1 since experiments will also be conducted on human beings40 ,it is significant that ,hitler's ,chief of ,staff should deem it advisable to direct that the ,wehrmacht should have nothing to do with experiments on human subjects4 ,,euthanasia ,defendant ,karl ,brandt is charged under counts two and three of the indictment with criminal activities in connection with the euthanasia program of the ,german ,reich1 in the course of which thousands of human beings1 including nationals of ,german occupied countries1 were killed between #a ,september #aici and ,april #aide4 ,on his own letterhead ,hitler1 at ,berlin1 #a ,september #aici1 signed a secret order reading as follows3 8,reichsleiter ,bouhler and ,dr4 ,brandt1 ,m4,d41 are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who1 according to human judgment1 are incurable can1 upon a most careful diagnosis of their condition of sickness1 be accorded a mercy death40 ,bouhler was holding a high office in the ,,nsdap4 ,he was not a physician4 ,the foregoing order was not based on any previously existing ,german law2 and the only authority for the execution of euthanasia was the secret order issued by ,hitler4 ,the evidence shows that ,bouhler and ,karl ,brandt1 who were jointly charged with the administration of euthanasia1 entered upon the duties assigned them in connection with the setting up of processes for carrying out the order4 ,a budget was adopted2 the method of determining candidates for euthanasia was established2 a patients' transport corporation was organized to convey the selected patients to the gassing chambers4 ,questionnaires were prepared which were forwarded to the heads of mental institutions1 one questionnaire to be accomplished concerning each inmate and then returned to the ,ministry of the ,interior4 ,at the ,ministry the completed questionnaires were examined by so-called experts1 who registered their professional opinions thereon1 returned them to the appropriate office for final examination1 and orders were issued for those patients who by this process were finally selected for extermination4 ,thereafter the condemned patients were gathered at collection points1 from whence they were transported to euthanasia stations and killed by gassing4 ,utmost secrecy was demanded of the executioners throughout the entire procedure4 ,persons actively concerned in the program were required to subscribe a written oath of secrecy and were warned that violation of that oath would result in most serious personal consequences4 ,the consent of the relatives of the 8incurables0 was not even obtained2 the question of secrecy being deemed so important4 ,shortly after the commencement of operations for the disposal of 8incurables01 the program was extended to ,jews1 and then to concentration camp inmates4 ,in this latter phase of the program1 prisoners deemed by the examining doctors to be unfit or useless for labor were ruthlessly weeded out and sent to the extermination stations in great numbers4 ,karl ,brandt maintains that he is not implicated in the extermination of ,jews or of concentration camp inmates2 that his official responsibility for euthanasia ceased at the close of the summer of #aida1 at which time euthanasia procedures against 8incurables0 were terminated by order of ,hitler4 ,it is difficult to believe this assertion1 but even if it be true1 we cannot understand how this fact would aid the defendant4 ,the evidence is conclusive that almost at the outset of the program non-,german nationals were selected for euthanasia and exterminated4 ,needless to say1 these persons did not voluntarily consent to become the subjects of this procedure4 ,karl ,brandt admits that after he had disposed of the medical decisions required to be made by him with regard to the initial program which he maintains was valid1 he did not follow the program further but left the administrative details of execution to ,bouhler4 ,if this be true1 his failure to follow up a program for which he was charged with special responsibility constituted the gravest breach of duty4 ,a discharge of that duty would have easily revealed what now is so manifestly evident from the record2 that whatever may have been the original aim of the program1 its purposes were prostituted by men for whom ,brandt was responsible1 and great numbers of non-,german nationals were exterminated under its authority4 ,we have no doubt but that ,karl ,brandt--as he himself testified--is a sincere believer in the administration of euthanasia to persons hopelessly ill1 whose lives are burdensome to themselves and an expense to the state or to their families4 ,the abstract proposition of whether or not euthanasia is justified in certain cases of the class referred to is no concern of this ,tribunal4 ,whether or not a state may validly enact legislation which imposes euthanasia upon certain classes of its citizens is likewise a question which does not enter into the issues4 ,assuming that it may do so1 the ,family of ,nations is not obligated to give recognition to such legislation when it manifestly gives legality to plain murder and torture of defenseless and powerless human beings of other nations4 ,the evidence is conclusive that persons were included in the program who were non-,german nationals4 ,the dereliction of the defendant ,brandt contributed to their extermination4 ,that is enough to require this ,tribunal to find that he is criminally responsible in the program4 ,we find that ,karl ,brandt was responsible for1 aided and abetted1 took a consenting part in1 and was connected with plans and enterprises involving medical experiments conducted on non-,german nationals against their consent1 and in other atrocities1 in the course of which murders1 brutalities1 cruelties1 tortures and other inhumane acts were committed4 ,to the extent that these criminal acts did not constitute war crimes they constituted crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment ,karl ,brandt is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,karl ,brandt became a member of the ,,ss in ,july #aicd and remained in this organization at least until ,april #aide4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,karl ,brandt guilty1 under counts two1 three1 and four1 of the indictment4 ,,handloser ,under counts two and three of the indictment the defendant ,handloser is charged with special responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,malaria1 ,lost 7,mustard7 ,gas1 ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 ,epidemic ,jaundice1 and ,typhus ,experiments4 ,the charge of participation in the high-altitude experiments has been abandoned by the prosecution1 and hence will not be considered further4 ,handloser was a professional soldier1 having been commissioned in the ,medical ,department of the ,german ,army in #aiaj4 ,during the ,first ,world ,war he rose to the position of commanding officer of a division medical unit1 and on #a ,september #aici he was appointed ,chief ,medical ,officer of the #adth ,german ,army4 ,after service in the field1 on #f ,november #aidj he was appointed ,deputy ,army ,medical ,inspector4 ,he became ,army ,medical ,inspector on #a ,january #aida1 and the following ,april was given the additional appointment of ,chief ,medical ,officer of the field forces1 holding both positions until #bh ,july #aidb1 when he became ,chief of the ,wehrmacht ,medical ,service4 ,he retained also his other appointment and performed the duties of both positions4 ,he was retained in his position as ,chief of the ,wehrmacht ,medical ,service on #a ,september #aidd1 but relieved of the duties pertaining to the other office which he had theretofore held1 he having exercised the functions of both offices until the date last mentioned4 ,his professional career is more particularly described above4 ,handloser states that prior to his last appointment in #aidd he was authorized to issue 8instructions10 but not orders--testifying that after his latest appointment he had authority to issue orders to the chiefs of the medical services of all branches of the ,wehrmacht4 ,he also had jurisdiction over scientific medical institutes1 etc41 as designated by the service regulations promulgated at the time of his last appointment4 ,while the chief medical officers of the army1 navy1 and ,luftwaffe were under their appropriate military superiors1 ,handloser had authority to coordinate the activities of all the ,wehrmacht medical services and to establish their coordinated action4 ,as to the ,waffen ,,ss1 his authority extended only to such units of that organization as were attached to and made part of the ,wehrmacht4 ,handloser testified that the utilization of medical material and personnel were1 insofar as the ,wehrmacht was concerned1 within his jurisdiction after the entry of the decree of #bh ,july #aidb1 and that upon occasion he called meetings of the chief medical officers of the ,wehrmacht and specialists in appropriate fields of medicine1 in an effort to avoid duplication of certain research problems in connection with malaria1 typhus1 paratyphus1 and cholera4 ,as ,army ,medical ,inspector he was also ex officio president of the ,scientific ,senate1 but testified that this body did not meet after #aidb4 ,as an army physician he denied any special knowledge concerning scientific problems peculiarly affecting the navy or the ,luftwaffe2 but on an organization chart prepared by him and received in evidence as ,prosecution ,exhibit #i he is shown as subordinated to ,karl ,brandt and as ,chief of the ,medical ,service of the ,wehrmacht occupying the position of superior over the ,army ,medical ,service and the chiefs of the ,medical ,services of the ,navy and ,luftwaffe and certain other subordinate agencies pertaining to the ,wehrmacht4 ,the chart also indicates his authority over the ,chief of the ,medical ,office ,service of the ,waffen ,,ss and components of the ,waffen ,,ss when attached to the ,wehrmacht4 ,it appears that ,handloser had much to do in connection with the calling of meetings of the 8,consulting ,physicians02 that he designated some of the subjects to be discussed at these meetings2 and that his subordinate1 ,schreiber1 arranged the details4 ,at the ,second ,meeting of ,consulting ,surgeons held #cj ,november to #c ,december #aidb at the ,military ,medical ,academy1 he addressed those present 7referring to the meeting as 8,this ,second ,work ,conference ,east071 observing that representatives of the three branches of the ,wehrmacht1 of the ,waffen ,,ss and ,police1 of the ,labor ,service1 and the ,organization ,todt1 were also present4 ,he called attention to the presence of ,conti1 ,head of the ,medical ,services in the ,civilian ,sector4 ,at the ,fourth ,meeting of ,consulting ,physicians held at ,hohenlychen1 #af to #ah ,may #aidd1 ,karl ,brandt--in addressing the meeting--said that ,handloser1 a soldier and a physician1 was 8responsible for the use and the performance of our medical officers04 ,schreiber1 until #cj ,may #aidc a close subordinate of ,handloser in his capacity of ,army ,medical ,inspector1 was a member of the ,reich ,research ,council1 paying particular regard to the control of epidemics as his special field4 ,schreiber frequently reported to ,handloser1 with whom he had worked for some years4 ,,freezing ,,experiments ,professor ,dr4 ,holzloehner1 who with ,drs4 ,finke and ,rascher performed freezing experiments on concentration camp inmates at ,dachau1 made reports on at least two occasions to groups of army physicians concerning cold and freezing problems4 ,the first such report was made at a meeting held on #bf to #bg ,october #aidb1 which was called to consider problems concerning cold4 ,schreiber1 who held a responsible position under ,handloser from #a ,april #aidb to #ca ,may #aidc1 was present at this meeting1 as was ,craemer1 head of the ,mountain ,medical ,school of the army at ,st4 ,johann1 which was also under ,handloser's jurisdiction4 ,during the meeting and after ,holzloehner had made his report1 ,rascher also made statements before the meeting concerning these experiments1 from which it was obvious that statements contained in the reports were based upon observations made by experimenting on human beings4 ,from the two reports it was clear that concentration camp inmates had been experimented upon and that some deaths had resulted4 ,holzloehner was invited to lecture again upon this subject at the ,second ,meeting of the ,consulting ,physicians of the ,wehrmacht1 held #cj ,november to #c ,december #aidb1 at the ,military ,medical ,academy at ,berlin4 ,handloser heard this talk by ,holzloehner and testified that the matter of cold and freezing was one of the most important problems to the army4 ,we think it manifestly clear from the evidence dealing with freezing that ,handloser had actual knowledge that such experiments had been conducted upon inmates at ,dachau concentration camp1 during the course of which suffering and deaths had resulted to the experimental subjects4 ,,sulfanilamide ,,experiments ,handloser is charged with participation in the sulfanilamide experiments conducted by the defendant ,gebhardt4 ,these experiments were conducted at ,ravensbrueck concentration camp during a period extending from #bj ,july #aidb to ,august #aidc upon concentration camp inmates without their consent4 ,while these experiments were still in progress ,gebhardt was invited to present a report on his research findings at the ,third ,meeting of the ,consulting ,physicians held on #ah and #ai ,may #aidc1 at the ,military ,medical ,academy in ,berlin4 ,handloser was present at that meeting2 in fact1 he had addressed the meeting prior to ,gebhardt's giving his report4 ,as stated elsewhere1 ,gebhardt made a frank and candid report of what he had been doing at ,ravensbrueck2 honestly telling the group that his experimental subjects were not volunteers but were concentration camp inmates condemned to death1 who had been given the hope of reduction of sentence should they survive the experiments4 ,by means of charts to illustrate his lecture1 he made it clear that deaths had occurred among the human subjects4 ,when on the witness stand1 the defendant ,gebhardt testified that prior to the meeting of consulting physicians he had discussed with either ,schreiber or the defendant ,rostock the subject matter of the lecture to be given1 and that at that time ,schreiber had stated that he had received data concerning the experiments through official channels4 ,at that time ,schreiber was a direct subordinate of the defendant ,handloser1 and we think it may be fairly assumed that ,schreiber's knowledge was the knowledge of ,handloser4 ,however1 be that as it may1 the evidence is clear that ,handloser heard the lecture by ,gebhardt1 as well as a subsequent lecture on the same subject matter given by the defendant ,fischer4 ,there can be no question1 therefore1 but that when ,handloser came away from the meeting he was fully informed of the fact that medical experiments were being conducted in ,ravensbrueck concentration camp with inmates who were nonvolunteers4 ,moreover1 he knew that deaths had occurred among the experimental subjects4 ,after the meeting of consulting physicians had ended1 ,gebhardt returned to ,ravensbrueck and conducted several more series of sulfanilamide experiments4 ,the subjects used for the later experiments were ,polish women who had been condemned to ,ravensbrueck without trial1 and who did not give their consent to act as experimental subjects4 ,three of these were killed by the experiments4 ,,typhus ,,experiments ,under counts two and three of the indictment ,handloser is charged with special responsibility for1 and participation in1 typhus experiments conducted in the ,buchenwald concentration camp which were supervised by a certain ,dr4 ,ding1 and like experiments conducted in the ,natzweiler concentration camp by a certain ,dr4 ,haagen4 ,as shown elsewhere in the judgment1 these experiments were unlawful and resulted in deaths of non-,german nationals4 ,there can be no question but that in #aida typhus was a potential menace to the ,german ,army and to many ,german civilians4 ,the use of an adequate typhus vaccine was therefore a matter of prime importance4 ,the distribution of vaccines to the ,wehrmacht was within the control of ,handloser4 ,in the exercise of his functions he was also interested in typhus vaccine production4 ,the ,typhus and ,virus ,institutes of the ,,okh at ,cracow ,krakow and ,lemberg ,lvov were engaged in the production of the ,weigl vaccine from the intestines of lice4 ,this vaccine was thought to be effective1 but the production procedure was complicated and expensive2 hence1 sufficient quantities of this vaccine could not be furnished4 ,another vaccine--the so-called ,cox-,haagen-,gildemeister vaccine1 produced from egg-yolk cultures--could be quickly produced in large quantities1 but its protective qualities had not been sufficiently demonstrated4 ,evidence is before the ,tribunal that the general problem was discussed at a meeting held in ,berlin1 #bi ,december #aida1 attended by ,dr4 ,bieber of the ,ministry of ,interior2 ,gildemeister2 ,dr4 ,scholz1 a subordinate of ,handloser2 two physicians of the 8governing body of the ,government ,general02 and three representatives of the ,behring ,works4 ,it is stated in the minutes of this conference that-- 8,the vaccine which is presently being produced by the ,behring ,works from chicken eggs shall be tested for its effectiveness in an experiment40 ,for the purpose above referred to1 ,dr4 ,demnitz of the ,behring ,works would contact ,dr4 ,mrugowsky4 ,the minutes of the meeting were prepared by ,bieber1 under date #d ,january #aidb4 ,a copy of the minutes of the meeting last referred to was forwarded to the ,army ,medical ,inspectorate at ,berlin4 ,it thus appears that a representative of ,handloser's office1 ,scholz1 attended the meeting1 and that a copy of the minutes was forwarded to the ,army ,medical ,inspectorate4 ,there is also evidence that on the same day a conference was held between the defendant ,handloser1 ,conti of the ,ministry of ,interior1 ,reiter of the ,health ,department of the ,reich1 ,gildemeister of the ,robert ,koch ,institute1 and the defendant ,mrugowsky1 at which time it was decided to establish a research station at ,buchenwald concentration camp to test the efficacy of the egg-yolk1 and other vaccines on concentration camp inmates4 ,as a result of the conference an experimental station was established at ,buchenwald under the direction of ,dr4 ,ding1 with the defendant ,hoven acting as his deputy4 ,inasmuch as some of this information comes from ,prosecution ,exhibit #bhg1 referred to as the 8,ding ,diary01 a discussion of the document is now appropriate4 ,dr4 ,ding 7who later changed his name to ,schuler7 was a very ambitious man who was apparently willing to engage in any professional activity which he thought might further his medical career4 ,he gladly seized upon the opportunity to conduct experiments on concentration camp inmates in connection with the vaccine study4 ,every ,german officer holding a position comparable to that held by ,dr4 ,ding was required to keep a journal or diary showing his official activities4 ,it appears that ,ding kept two diaries4 ,ding's personal diary containing official and personal entries and work reports has disappeared2 his official log or journal concerning his work at ,buchenwald is the document in evidence4 ,this diary was kept by one ,eugen ,kogon1 an inmate at ,buchenwald4 ,he made the actual entries and ,ding verified and signed them4 ,kogon1 an ,austrian subject1 testified for the prosecution4 ,we learn from his testimony that he was a former newspaper editor and held other highly responsible positions4 ,he was sent by the ,german authorities to ,buchenwald in #aici as a political prisoner4 ,in ,april #aidc he was assigned to ,ding as a clerk or assistant4 ,for many months prior to that time1 however1 he had been on extremely friendly terms with ,ding and as a consequence was completely familiar with ,ding's operations4 ,indeed1 so close was the attachment that during the first half of the year #aidb ,ding had dictated the first portion of the diary which is in evidence1 and ,kogon had transcribed it4 ,after officially becoming ,ding's assistant in #aidc all correspondence of every nature with which ,ding was concerned passed through the hands of ,kogon4 ,the diary came into ,kogon's possession at the breaking up of the camp1 and remained in his possession1 as he testified1 until he delivered it to the ,office of ,chief of ,counsel for ,war ,crimes at ,nuernberg4 ,it is manifest that the entries in the diary were often not made on the day they bear date2 but this does not mean that it has no probative value4 ,almost every entry in the diary is personally signed by ,ding4 ,time and again the entries in the diary have been corroborated by other credible evidence4 ,the defendants themselves who were familiar with operations at ,buchenwald have confirmed the entries in important essential particulars4 ,we consider the diary as constituting evidence of considerable probative value1 and shall give to the entries such consideration as under all circumstances they are entitled to receive4 ,the first entry in the ,ding diary1 under date of #bi ,december #aida1 reads as follows3 8,conference between ,army ,sanitation ,inspection ,inspector1 ,general ,chief ,surgeon ,professor ,dr4 ,handloser2 ,state ,secretary for the ,department of ,health of the ,reich1 ,,ss ,gruppenfuehrer ,dr4 ,conti2 ,president ,professor ,reiter of the ,health ,department of the ,reich2 ,president ,professor ,gildemeister of the ,robert ,koch ,institute 7,reich ,institution to ,combat ,contagious ,diseases7 and ,,ss ,standartenfuehrer and ,lecturer 7,dozent7 ,dr4 ,mrugowsky of the ,institute of ,hygiene1 ,waffen ,,ss1 ,berlin4 8,it has been established that the need exists1 to test the efficiency of1 and resistance of the human body to1 the typhus serum extracted from egg yolks4 ,since tests on animals are not of sufficient value1 tests on human beings must be carried out40 ,this entry preceded by only a few days the actual commencement of the experiments on concentration camp inmates to determine the efficiency of the egg-yolk vaccine4 ,it seems certain that the foregoing entry in the ,ding diary was written or rewritten at some date later than that which it bears1 but the entry may be accepted as evidence of probative value to the fact that it was agreed by some persons in authority that experiments with vaccine prepared from egg yolks be made on concentration camp inmates at ,buchenwald4 ,the next entry in the diary bears date #b ,january #aidb1 and reads as follows3 8,the concentration camp ,buchenwald is chosen for testing the typhus serums4 ,,ss ,hauptsturmfuehrer ,ding is charged with these tests40 ,handloser testified that many conferences concerning typhus vaccine took place and that he was interested in the testing of chicken-egg vaccine 8on a sufficient number of persons in a certain vicinity1 that is1 within an area where typhus had already occurred or there was imminent danger existing40 ,he also testified that during the summer of #aida he met ,mrugowsky1 who was recommended to him by ,schreiber1 ,handloser's subordinate4 ,he also testified that he discussed the matter of the chicken-egg vaccines with ,gildemeister and ,conti4 ,handloser testified that he was present at many conferences1 both at the front and in rear echelons1 where such matters were discussed4 ,mrugowsky1 in a letter dated #e ,may #aidb1 reported to ,eyer 7who was a subordinate of ,handloser7 of the ,typhus and ,vaccine ,institute of the ,high ,command at ,cracow ,krakow1 describing the results of the first series of experiments carried out in ,buchenwald4 ,the experiments covered both the ,weigl and egg-yolk vaccines4 ,this report called attention to the fact that two experimental subjects had died4 ,an entry in the ,ding diary dated #h ,february #aidc states that ,dr4 ,eyer and ,dr4 ,schmidt1 a hygienist on the staff of the ,medical ,inspectorate1 visited the ,typhus and ,virus ,institute at ,buchenwald4 ,schmidt1 a subordinate of ,handloser from #aidb until ,august #aidd1 stated that he and ,eyer had visited ,buchenwald4 ,he testified that his visit was concerned only with yellow fever vaccine tests which were being carried out at that station4 ,this statement by the witness is not convincing4 ,from the ,ding diary it appears that infected lice were received by ,ding prior to #cj ,november #aidb4 ,if this is correct1 these lice could have come only from an institute under control of the army over which ,handloser had jurisdiction4 ,ding reported on his activities at the meeting of the ,consulting ,surgeons of the ,wehrmacht held in ,may #aidc in ,berlin4 ,handloser was present at that meeting but may not have heard the report1 the report having been made to the hygiene section1 which was presided over by ,schreiber1 ,handloser's subordinate4 ,defendant ,rose1 having heard the report1 openly objected to the character of the experiments carried out at ,buchenwald4 ,schreiber1 then1 had full knowledge of the nature of the experiments there carried on4 ,rose's vigorous objection was doubtless a subject of general interest4 ,handloser testified that on at least two occasions he discussed with ,mrugowsky matters connected with vaccines against typhoid1 typhus and other diseases4 ,he stated that he was unable to fix the dates of these conferences4 ,the entries in the ,ding diary clearly indicate an effective liaison between the ,army ,medical ,inspectorate and the experiments which ,ding was conducting at ,buchenwald4 ,there is also credible evidence that the ,inspectorate was informed of medical research carried on by the ,luftwaffe4 ,the experiments at ,buchenwald continued after ,handloser had gained actual knowledge of the fact that concentration camp inmates had been killed at ,dachau as the result of freezing2 and that inmates at ,ravensbrueck had died as victims of the sulfanilamide experiments conducted by ,gebhardt and ,fischer4 ,yet with this knowledge ,handloser in his superior medical position made no effort to investigate the situation of the human subjects or to exercise any proper degree of control over those conducting experiments within his field of authority and competence4 ,had the slightest inquiry been made the facts would have revealed that in vaccine experiments already conducted at ,buchenwald1 deaths had occurred--both as a result of artificial infections by the lice which had been imported from the ,typhus and ,virus ,institute of the ,,okh at ,cracow ,krakow or ,lemberg ,lvov1 or from infections by a virulent virus given to subjects after they had first been vaccinated with either the ,weigl1 ,cox-,haagen-,gildemeister1 or other vaccines1 whose efficacy was being tested4 ,had this step been taken1 and had ,handloser exercised his authority1 later deaths would have been prevented in these particular experiments which were originally set in motion through the offices of the ,medical ,inspectorate and which were being conducted for the benefit of the ,german armed forces4 ,these deaths not only occurred with ,german nationals1 but also among non-,german nationals who had not consented to becoming experimental subjects4 ,,other ,,experiments ,the defendant ,handloser is also charged with special responsibility for1 and participation in1 ,malaria1 ,lost ,gas1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 and ,epidemic ,jaundice ,experiments4 ,in our view the evidence is insufficient to show any criminal connection of the defendant ,handloser with regard to these experiments4 ,the law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war4 ,the reason for the rule is plain and understandable4 ,as is pointed out in a decision rendered by the ,supreme ,court of the ,united ,states1 entitled ,application of ,yamashita1 #ff ,supreme ,court ,reporter #cdj-cdg1 #aidf-- 8,it is evident that the conduct of military operations by troops whose excesses are unrestrained by the orders or efforts of their commander would almost certainly result in violations which it is the purpose of the law of war to prevent4 ,its purpose to protect civilian populations and prisoners of war from brutality would largely be defeated if the commander of an invading army could with impunity neglect to take reasonable measures for their protection4 ,hence the law of war presupposes that its violation is to be avoided through the control of the operations of war by commanders who are to some extent responsible for their subordinates40 ,what has been said in this decision applies peculiarly to the case of ,handloser4 ,in connection with ,handloser's responsibility for unlawful experiments upon human beings1 the evidence is conclusive that with knowledge of the frequent use of non-,german nationals as human experimental subjects1 he failed to exercise any proper degree of control over those subordinated to him who were implicated in medical experiments coming within his official sphere of competence4 ,this was a duty which clearly devolved upon him by virtue of his official position4 ,had he exercised his responsibility1 great numbers of non-,german nationals would have been saved from murder4 ,to the extent that the crimes committed by or under his authority were not war crimes they were crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,siegfried ,handloser guilty under counts two and three of the indictment4 ,,rostock ,the defendant ,rostock is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,malaria1 ,lost 7,mustard7 ,gas1 ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 ,epidemic ,jaundice1 and ,spotted ,fever ,experiments4 ,rostock was a physician of recognized ability4 ,from #aicc to #aida he occupied successively the positions of senior surgeon of the ,surgical ,clinic in ,berlin1 ,professor of ,surgery of the ,university of ,berlin1 and ,deputy ,director of the ,university ,clinic4 ,in #aida he was appointed ,director of the ,surgical ,clinic1 and in #aidb he became ,dean of the ,medical ,faculty of the ,university of ,berlin4 ,prior to the war he had joined the ,,nsdap1 and in #aici he was assigned to military duty as a consulting surgeon4 ,in #aidb he was appointed consulting surgeon to the ,army ,medical ,inspectorate and was subordinate to the ,military ,medical ,academy in ,berlin4 ,he attained the rank of brigadier general1 medical department 7reserve74 ,in #aidc he was appointed ,chief of the ,office for ,medical ,science and ,research1 a department under the supervision of defendant ,karl ,brandt1 in which position ,rostock remained until the end of the war4 ,from the time he received the last mentioned appointment1 ,rostock acted as ,brandt's deputy on the ,reich ,research ,council4 ,as ,karl ,brandt's deputy ,rostock was his agent in the field of medical science and research--,rostock being charged with the duty of coordinating and directing problems and activities concerning the medical health service insofar as science and research were concerned4 ,rostock was informed concerning medical research conducted by the several branches of the ,wehrmacht4 ,as head of the ,office for ,science and ,research1 he assigned research problems and designated some as 8urgent04 ,it was his duty to avoid duplication of work in scientific research and to decide whether or not a suggested problem was worthy of a research assignment4 ,it is clear that ,rostock and ,karl ,brandt were intimate friends of years standing4 ,the prosecution does not contend that ,rostock personally participated in criminal experiments4 ,it vigorously argues1 however1 that--with full knowledge that concentration camp inmates were being experimented upon--he continued to function upon research assignments concerning scientific investigations1 the result of which would probably further experiments upon human beings4 ,the prosecution then argues that his knowledge concerning these matters1 considered together with the position of authority which he occupied in connection with scientific research and the fact that he failed to exercise his authority in an attempt to stop or check criminal experiments1 renders him guilty as charged4 ,in this connection the prosecution relies upon its ,exhibit #deg1 a document which bears date at ,berlin1 #ad ,september #aidd4 ,it is headed1 8,commissioner for ,medical and ,health ,matters10 followed by 8,the ,delegate for ,science and ,research40 ,below appears3 8,list of medical institutes working on problems of research which were designated as urgent by the discussion on research on #bf ,august #aidd in ,beelitz4 87,summary according to the #fej orders for research submitted to us470 ,the document then contains a list of research assignments numbered 8#a0 to 8#de40 ,numbers #db and #dd read as follows3 8,strasbourg 8#db4 ,hygiene ,institute 7,haagen7 virus research 99 99 99 99 99 8#dd4 ,anatomical ,institute 7,hirt7 ,chemical warfare agents40 ,the document bears ,rostock's signature4 ,five of the problems concern hepatitis research1 and three1 virus research4 ,it appears from the evidence that ,rostock's duties included the avoidance of duplication in the distribution of assignments for medical research4 ,if the head of the medical department of a branch of the ,wehrmacht assigned to some particular physician or institute a particular scientific or medical problem1 a copy of the assignment would be forwarded to ,rostock1 who would then coordinate the matter by ascertaining whether or not that assignment was being worked on by some other agency or whether it would lead to worthwhile results4 ,who classified as 8urgent0 the #de of the #fej orders for research does not appear2 but it may be assumed that ,rostock approved that classification4 ,doubtless ,rostock knew that experiments on concentration camp inmates were being conducted4 ,he presided over the meeting of surgeons held in ,may #aidc1 and there heard statements that experimental subjects had been artificially infected4 ,doubtless he knew that the experiments were dangerous and that further experiments would probably be conducted4 ,however1 it does not appear that either ,rostock or any subordinate of his directed the work done on any assignment concerning criminal experiments4 ,certain of these experiments were classified as 8urgent0 at a 8discussion on research0 as above set forth4 ,nothing in the designation of any such assignment as appears in ,prosecution ,exhibit #deg contains on its face anything more than a matter of proper scientific investigation4 ,the record does not show that the position held by ,rostock vested in him any authority whatsoever other than as above stated4 ,no experiments were conducted by any person or organization which was to the least extent under ,rostock's control or direction4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,paul ,rostock is not guilty as charged under the indictment1 and directs that he be released from custody under the indictment when this ,tribunal presently adjourns4 ,,schroeder ,the defendant ,schroeder is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,sulfanilamide1 ,sea-,water1 ,epidemic ,jaundice1 ,typhus and other vaccines1 and ,gas ,experiments4 ,the prosecution has abandoned the charge that he participated in the sulfanilamide experiments and hence that subject will not be considered further4 ,the defendant served as a medical officer with the infantry during the ,first ,world ,war4 ,in the period prior to #aica he was attached as medical officer to a number of military units4 ,on #a ,january #aica he was transferred to the ,army ,medical ,inspectorate as a consultant 7,referent7 on hospital matters and therapeutics with the rank of ,oberstabsarzt 7major74 ,in #aice ,schroeder became chief of staff to ,generalarzt ,hippke in the newly established ,medical ,department of the ,reich ,ministry for ,aviation4 ,he retained this position after ,hippke was made ,inspector of the ,medical ,service of the ,luftwaffe in #aicg4 ,in ,february #aidj ,schroeder was appointed air fleet physician for ,air ,fleet ,,ii with the rank of ,generalstabsarzt 7major general74 ,on #a ,january #aidd he replaced ,hippke as ,chief of the ,medical ,service of the ,luftwaffe4 ,simultaneously he was promoted to ,generaloberstabsarzt 7lieutenant general71 which was the highest rank obtainable in the medical services4 ,as ,chief of the ,medical ,service of the ,luftwaffe1 all medical officers of the ,german ,air ,force were subordinated directly or indirectly to ,schroeder4 ,after he became ,chief of the ,medical ,service of the ,luftwaffe his immediate superior was ,handloser1 who was ,chief of the ,medical ,service of the ,wehrmacht4 ,,high-,,altitude ,,experiments ,these experiments were performed at ,dachau concentration camp for the benefit of the ,luftwaffe during the year #aidb4 ,details of the experiments are discussed in other portions of this judgment4 ,during the period from #aida to the end of #aidc the defendant ,schroeder1 in his position as air fleet physician of ,air ,fleet ,,ii1 was in the operational zone of ,air ,fleet ,,ii1 which comprised the ,mediterranean area4 ,he did not become ,chief of the ,medical ,service of the ,luftwaffe until #a ,january #aidd4 ,there is no evidence that while air fleet physician he exercised or could have exercised any control over experiments then being conducted for the benefit of the ,luftwaffe4 ,,epidemic ,,jaundice ,,experiments ,schreiber1 a member of ,handloser's staff1 who presided over a conference held in ,breslau in ,june #aidd for the purpose of co-ordinating jaundice research1 assigned groups of physicians to work together on jaundice problems4 ,dohmen1 ,gutzeit1 and ,haagen were assigned to one of these groups4 ,on #bg ,june #aidd ,haagen1 a ,luftwaffe officer1 wrote his collaborator ,kalk1 a consultant to ,schroeder1 asking1 8,could you in your official position take the necessary steps to obtain the required experimental subjects80 ,the record shows that ,haagen subsequently conducted epidemic jaundice experiments on prisoners at ,natzweiler concentration camp4 ,there is no evidence1 however1 to establish ,schroeder's criminal connection with these experiments4 ,at most1 all that can be said for this evidence is that ,schroeder may have gained knowledge of the experiments through ,kalk1 a member of his staff--but even that fact has not been made plain4 ,,freezing ,,experiments ,freezing experiments were carried out at ,dachau concentration camp for the benefit of the ,luftwaffe1 during the year #aidb4 ,details of these experiments are discussed elsewhere in this judgment4 ,it is conclusively shown from the evidence dealing with freezing that as early as the year #aidc ,schroeder had actual knowledge that such experiments had been conducted upon inmates at ,dachau concentration camp1 during the course of which suffering and deaths had resulted to the experimental subjects4 ,,typhus ,,experiments ,experiments in connection with typhus were conducted at ,schirmeck and ,natzweiler concentration camps during the years #aidb1 #aidc1 and #aidd4 ,the details of these experiments are discussed elsewhere in this judgment4 ,the experiments were carried out by a ,luftwaffe medical officer1 ,professor ,dr4 ,haagen4 ,as a medical officer of the ,luftwaffe he was subject to ,schroeder's orders after the latter became ,chief of the ,medical ,service of the ,luftwaffe4 ,the office of ,schroeder issued and approved the research assignments pursuant to which these experiments were carried out4 ,it provided the funds for the research4 ,one of the chief collaborators in the program was the defendant ,rose1 consultant to the ,chief of the ,medical ,service of the ,luftwaffe4 ,correspondence was carried on between ,haagen and the ,chief of ,staff for the defendant ,schroeder with reference to whether a typhus epidemic prevailing at ,natzweiler was connected in any manner with the vaccine research then being conducted4 ,the office of the ,chief of the ,medical ,service of the ,luftwaffe received reports on the experiments from which it could be clearly perceived that typhus vaccine experiments were being performed on concentration camp inmates4 ,while the experiments were in progress1 ,schroeder admits having visited ,haagen at ,strasbourg1 but denies that he talked with ,haagen about the experiments4 ,the defendant's assertion that the experiments were not discussed does not carry conviction4 ,as has been pointed out in this judgment1 the law of war imposes on a military officer in a position of command an affirmative duty to take such steps as are within his power and appropriate to the circumstances to control those under his command for the prevention of acts which are violations of the law of war4 ,this rule is applicable to the case of ,schroeder4 ,at the time he became ,chief of the ,medical ,service of the ,luftwaffe1 ,schroeder knew of the fact that freezing experiments for the benefit of the ,luftwaffe had been carried out at ,dachau concentration camp by ,luftwaffe medical officers4 ,he knew that through these experiments injury and death had resulted to the experimental subjects4 ,he also knew that during the years #aidb and #aidc1 typhus vaccine research had been carried out by the ,luftwaffe officer1 ,haagen1 for the benefit of the ,luftwaffe ,medical ,service1 at ,natzweiler and ,schirmeck concentration camps--and had he taken the trouble to inquire1 he could have known that deaths had occurred as a result of these experiments4 ,with all this knowledge1 or means of knowledge1 before him as commanding officer1 he blindly approved a continuation of typhus research by ,haagen1 supported the program1 and was furnished reports of its progress1 without so much as taking one step to determine the circumstances under which the research had been or was being carried on1 to lay down rules for the conduct of present or future research by his subordinates1 or to prescribe the conditions under which the concentration camp inmates could be used as experimental subjects4 ,as was the case with reference to the freezing experiments at ,dachau1 non-,german nationals were used as experimental subjects1 none gave their consent1 and many suffered injury and death as a result of the experiments4 ,,gas ,,experiments ,experiments with various types of poison gas were performed by ,luftwaffe ,officer ,haagen and a ,professor ,dr4 ,hirt in the ,natzweiler concentration camp4 ,they began in ,november #aidb and were conducted through the summer of #aidd4 ,during this period a great many concentration camp inmates of ,russian1 ,polish1 and ,czech nationality were experimented on with gas1 at least #ej of whom died4 ,a certain ,oberarzt ,wimmer1 a staff physician of the ,luftwaffe worked with ,hirt on the gas experiments throughout the period4 ,we discussed the duty which rests upon a commanding officer to take appropriate measures to control his subordinates1 in dealing with the case of ,handloser4 ,we shall not repeat what we said there4 ,had ,schroeder adopted the measures which the law of war imposes upon one in position of command to prevent the actions of his subordinates amounting to violations of the law of war1 the deaths of the non-,german nationals involved in the gas experiments might well have been prevented4 ,,sea-,,water ,,experiments ,sea-,water experiments were conducted on inmates of ,dachau concentration camp during the late spring and summer of #aidd4 ,the defendant ,schroeder openly admits that these experiments were conducted by his authority4 ,when on the witness stand he related the circumstances under which these experiments were initiated and carried through to completion4 ,as related by ,schroeder the experiment on making sea water drinkable was a problem of great importance4 ,two methods were available in ,germany1 each of which to some extent had been previously tried1 both on animal and on human subjects4 ,these were known as the ,schaefer and the ,berkatit processes4 ,use of the ,schaefer method on sea water produced a satisfactory liquid essentially the same in its effects and potable qualities as ordinary pure drinking water4 ,the ,schaefer process1 however1 called for quantities of silver1 which were thought to be unavailable4 ,use of the ,berka process1 however1 resulted merely in changing the taste of sea water1 thus making it more palatable1 without at the same time doing away with danger to health and life which always results from consuming considerable quantities of untreated sea water4 ,materials were available for the ,berka process1 but ,schroeder did not feel that it could be adopted until more was known of the method4 ,at ,schroeder's direction1 the defendant ,becker-,freyseng arranged for a conference to be held at the ,german ,air ,ministry in ,may #aidd to discuss the problem4 ,present at the conference1 among others1 were ,berka and the defendants ,becker-,freyseng and ,schaefer4 ,there is no doubt that the conference was well informed1 and discussed all current data upon the subject4 ,such fact appears from the minutes of the meeting1 in which it is stated3 899 99 99 ,captain 7med47 ,dr4 ,becker-,freyseng reported on the clinical experiments conducted by ,colonel 7med47 ,dr4 von ,sirany1 and came to the final conclusion that he did not consider them as being unobjectionable and conclusive enough for a final decision4 ,the ,chief of the ,medical ,service is convinced that1 if the ,berka method is used1 damage to health has to be expected not later than #f days after taking ,berkatit1 which damage will result in permanent injuries to health and--according to the opinion of ,n4,c4,o4 7med47 ,dr4 ,schaefer--will finally result in death after not later than #ab days4 ,external symptoms are to be expected such as dehydration1 diarrhea1 convulsions1 hallucinations1 and finally death40 ,it was concluded at this meeting that it would be necessary to perform further sea-water experiments upon human beings in order to determine definitely whether or not the ,berkatit method of treating sea water could be safely employed and used in connection with the ,german war effort4 ,these experiments were planned to be carried on in group series1 each of which would require six days1 and would be made upon human beings in this order3 one group would be supplied only with ,berkatit-treated sea water2 a second group would receive only ordinary drinking water2 a third group would receive no water of any kind2 the fourth group was to be given such water as was generally provided in emergency sea-distress kits1 then used by ,german military personnel4 ,in addition to the first experiment it was agreed that a second experiment should be conducted4 ,the notes of the meeting which deal with the second experimental series read as follows3 8,persons nourished with sea water and ,berkatit1 and as diet also the emergency sea rations4 8,duration of experiments--#ab days4 8,since in the opinion of the ,chief of the ,medical ,service1 permanent injuries to health1 that is1 the death of the experimental subjects1 has to be expected1 as experimental subjects such persons should be used as will be put at the disposal by the ,reichsfuehrer ,,ss40 ,on #g ,june #aidd ,schroeder wrote to ,himmler through ,grawitz asking for concentration camp inmates to be used as subjects in the sea-water experiments1 which letter reads in part as follows3 8,highly ,respected ,reich ,minister3 8,earlier already you made it possible for the ,luftwaffe to settle urgent medical matters through experiments on human beings4 ,today again1 ,i stand before a decision which1 after numerous experiments on animals as well as human experiments on voluntary experimental subjects1 demands a final solution4 ,the ,luftwaffe has simultaneously developed two methods for making sea water potable4 ,the one method1 developed by a medical officer1 removes the salt from the sea water and transforms it into real drinking water2 the second method1 suggested by an engineer1 leaves the salt content unchanged1 and only removes the unpleasant taste from the sea water4 ,the latter method in contrast to the first1 requires no critical raw material4 ,from the medical point of view this method must be viewed critically1 as the administration of concentrated salt solutions can produce severe symptoms of poisoning4 8,as the experiments on human beings could thus far only be carried out for a period of four days1 and as practical demands require a remedy for those who are in distress at sea up to #ab days1 appropriate experiments are necessary4 8,required are #dj healthy test subjects1 who must be available for #d whole weeks4 ,as it is known from previous experiments that necessary laboratories exist in the concentration camp ,dachau1 this camp would be very suitable 99 99 990 ,various other parties took part in correspondence upon this application1 one of the writers suggesting that ,jews or persons held in quarantine be used as experimental subjects4 ,another correspondent nominated asocial gypsy half-breeds as candidates for the treatment4 ,herr ,himmler decided that gypsies1 plus three others for control purposes1 should be utilized4 ,in fairness to the defendant it should be stated that he contests the translation of the second sentence in the first paragraph of the letter written by him to ,himmler1 which the prosecution interprets as meaning that experiments could no longer be conducted on voluntary subjects1 and that the words 8demands a final solution0 meant that involuntary subjects in concentration camps should be employed4 ,regardless of whether or not the letter quoted by us is a correct translation of the ,german original1 the evidence shows that within a month after the letter was sent to ,himmler through ,grawitz1 sea-water experiments were commenced at ,dachau by the defendant ,beiglboeck4 ,the method by which the experimental subjects were chosen is not known to the defendant ,schroeder4 ,as he explained from the witness stand with reference to his letter and the subsequent procedure1 8,i sent it away only after ,i had consulted about the possibility of the experiment with ,grawitz1 and after ,i had informed him how the whole thing was thought of by us1 so that he could pass on this information to ,himmler in case it became necessary4 ,then this letter was sent off1 and after possibly four weeks when ,beiglboeck had arrived at ,dachau--in the meantime1 he was given an opportunity to carry out this work4 ,whatever lay in between that1 how in the administrative way this was organized1 we never learned 99 99 99 it was an inter-office affair 99 99 994 ,we only saw the initial point and the end point of this route40 ,thus began another experiment conducted under the auspices of the defendant ,schroeder1 wherein the initiator of the experiment failed to exercise the personal duty of determining that only consenting human subjects would be used1 but left that responsibility to others4 ,again is demonstrated the case of an officer in a position of superior command who authorizes the performance of experiments by his subordinates while failing to take efforts to prescribe the conditions which will insure the conduct of the experiments within legally permissible limits4 ,the evidence shows conclusively that gypsies of various nationalities were used as experimental subjects4 ,former inmates of ,auschwitz concentration camp were tricked into coming to ,dachau with the promise that they were to be used as members of a labor battalion4 ,when they arrived at ,dachau they were assigned to the sea-water experimental station without their consent4 ,during the course of the experiment many of them suffered intense physical and mental anguish4 ,the ,tribunal finds that the defendant ,schroeder was responsible for1 aided and abetted1 and took a consenting part in1 medical experiments performed on non-,german nationals against their consent2 in the course of which experiments deaths1 brutalities1 cruelties1 tortures1 and other inhuman acts were committed on the experimental subjects4 ,to the extent that these experiments did not constitute war crimes they constitute crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,oskar ,schroeder guilty under counts two and three of the indictment4 ,,genzken ,the defendant ,genzken is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,sulfanilamide1 ,spotted ,fever1 ,poison1 and ,incendiary ,bomb ,experiments4 ,the prosecution has abandoned the two latter charges and hence they will not be considered further4 ,the defendant is also charged under count four of the indictment with membership1 after #a ,september #aici1 in an organization declared criminal by the judgment of the ,international ,military ,tribunal--namely1 the ,,ss4 ,genzken was commissioned in the ,medical ,service of the ,german ,navy in #aiab and served through the ,first ,world ,war in that capacity4 ,from #aiai to #aicd1 he engaged in the private practice of medicine4 ,he joined the ,,nsdap in #aibf1 and in ,october #aicd he was again commissioned as a reserve officer of the naval medical department4 ,on #a ,march #aicf he was transferred to the medical department of the ,,ss1 with the rank of major1 and assigned to the medical department of a branch of the ,,ss1 which in the summer of #aidj became the ,waffen ,,ss4 ,he served as chief surgeon of the ,,ss hospital in ,berlin1 and was director of the department charged with supplying medical equipment and with the supervision of medical personnel in concentration camps4 ,he was also medical supervisor to ,eicke1 the head of all the concentration camps1 which were within ,genzken's jurisdiction insofar as medical matters were concerned4 ,in ,may #aidj1 ,genzken was appointed ,chief of the ,medical ,office of the ,waffen ,,ss with the rank of senior colonel1 ,grawitz being his medical superior4 ,he retained this position until the close of the war4 ,in #aidb he was designated as ,chief of the ,medical ,service of the ,waffen ,,ss1 ,division ,d of the ,,ss ,operational ,headquarters4 ,on #cj ,january #aidc he was appointed ,gruppenfuehrer and ,generalleutnant in the ,waffen ,,ss4 ,,sulfanilamide ,,experiments ,the sulfanilamide experiments referred to in the indictment were conducted by the defendants ,gebhardt1 ,fischer1 and ,oberheuser at ,ravensbrueck concentration camp between #bj ,july #aidb and ,august #aidc4 ,during this period of time1 four of the medical branches of the ,waffen ,,ss were under ,genzken1 including ,office ,,xvi1 ,hygiene1 of which the defendant ,mrugowsky was chief4 ,it is submitted by the prosecution that the evidence proves ,mrugowsky to have given support and assistance to these experiments1 and that1 consequently1 ,genzken becomes criminally liable because of the position of command he held over ,mrugowsky4 ,it is also urged that because ,genzken attended the meeting in ,berlin at which ,gebhardt and ,fischer gave their lecture on the experiments1 this likewise shows criminal connection4 ,that ,mrugowsky rendered assistance to ,gebhardt in the sulfanilamide experiments at ,ravensbrueck is clearly proved4 ,mrugowsky put his laboratory and co-workers at ,gebhardt's disposal4 ,he furnished the bacterial cultures for the infections4 ,he conferred with ,gebhardt about the medical problems involved4 ,it was on the suggestion of ,mrugowsky's office that wood shavings and ground glass were placed in artificially inflicted wounds made on the subjects so that battlefield wounds would be more closely simulated4 ,it also appears that ,blumenreuter1 who was the chief of ,office ,,xv under ,genzken's direction1 may have furthered the experiments by furnishing surgical instruments and medicines to ,gebhardt4 ,the ,tribunal finds that ,genzken was not present at the ,berlin meeting4 ,although ,mrugowsky and ,blumenreuter may have aided ,gebhardt in his experiments1 the prosecution has failed to show that it was done with ,genzken's direction or knowledge4 ,the prosecution1 therefore1 has failed to sustain the burden with regard to this particular specification4 ,,typhus ,,experiments ,the series of experiments which are the subject of this specification were conducted at ,buchenwald concentration camp and began in ,january #aidb4 ,,ss ,hauptsturmfuehrer ,dr4 ,ding1 who was attached to the ,hygiene ,institute of the ,waffen ,,ss1 was in charge of these experiments--with the defendant ,hoven serving as his deputy4 ,until #a ,september #aidc both ,mrugowsky1 the ,chief of the ,hygiene ,institute1 and ,ding1 were subordinate to ,genzken4 ,until the date last mentioned the chain of military command in the field of hygiene and research was as follows3 ,himmler-,grawitz-,genzken-,mrugowsky-,d ing4 ,prior to #aici ,ding had been camp physician at ,buchenwald1 and as such was subordinate to ,genzken4 ,during the early months of the war ,genzken served as an army surgeon in the field1 ,ding being his adjutant4 ,during the fall of #aida ,ding returned to ,buchenwald and ,genzken to his office at ,berlin4 ,during their service in the field ,genzken and ,ding had become warm personal friends4 ,ding was attached to the ,hygiene ,institute of the ,waffen ,,ss and was engaged in typhus research for the ,institute4 ,genzken testified that ,mrugowsky and the ,hygiene ,institute were in his chain of command prior to #ca ,august #aidc4 ,he further testified that after the date last mentioned his office had nothing to do with ,ding save to provide money for ,ding's expenses1 there being no other budget from which money was available4 ,mrugowsky testified that ,genzken was his superior officer until #a ,september #aidc1 and knew that the ,hygiene ,institute was working on the problem of providing an efficient vaccine against typhus4 ,it is admitted that ,ding was carrying out medical experiments on concentration camp inmates in order to determine the effect of various typhus vaccines4 ,it is not contended that such experiments were not carried out4 ,in the course of these experiments two buildings or 8blocks0 were used4 ,the experiments were conducted in ,block #df1 and when satisfactory vaccine was decided upon1 ,block #ej was used for the preparation of vaccines4 ,during the course of the experiments with vaccines in ,march #aidb1 ,ding himself contracted typhus4 ,genzken testified that he was aware of the fact that concentration camp inmates were subjected to experiments1 but stated that he was not advised as to the method of experimentation4 ,it is clear that the experiments necessary to decide upon a satisfactory vaccine preceded by a considerable period the production of the vaccine4 ,genzken testified that vaccine production began in ,december #aidc1 that the production establishment only moved into ,block #ej in the middle of ,august1 and that when production actually began 8this establishment had already come under the agency of ,grawitz and it was not subordinated any more0 to him4 ,under date of #i ,january #aidc the ,ding diary contains a lengthy entry stating that by ,genzken's order the typhus research station became the 8,department of ,typhus and ,virus ,research10 that ,dr4 ,ding would be head of this department1 and that during his absence defendant ,hoven would act in his place4 ,the entry further stated that ,ding was appointed chief department head for special missions in hygiene1 etc4 ,the ,ding diary is discussed elsewhere in this judgment4 ,considering the demonstrated desire of ,ding for his personal aggrandizement1 this entry is not entitled to entire credit1 as written4 ,it refers to ,genzken as 8,major ,general0--which rank he did not receive until a few weeks after #i ,january #aidc4 ,the entry1 however1 has some probative value upon the question of ,ding's status during the year #aidc4 ,genzken testified that he 8approved0 the establishment of ,ding's department for vaccine research4 ,he also testified that his department furnished necessary funds from its budget for ,ding's investigations4 ,from the evidence it appears that prior to #a ,september #aidc1 ,mrugowsky reported regularly to ,genzken1 on an average of once per week1 either orally or in writing4 ,under date #e ,may #aidb1 ,mrugowsky signed a written report upon the subject1 8,testing ,typhus ,vaccines40 ,this report went to six different offices3 the first copy1 to ,conti2 the second copy1 to ,grawitz2 and the third copy1 to ,genzken4 ,the report commences3 8,the tests of four typhus vaccines made by us on human subjects at the instigation of the ,reich ,health ,leader ,dr4 ,conti had the following results 99 99 9904 ,it is stated that the mortality of victims of typhus during an epidemic 8was around #cj percent0 and that 8during the same epidemic four groups of experimental subjects were vaccinated with one each0 of the four types of vaccine described in the beginning of the report4 8,the experimental subjects were mostly in their twenties and thirties4 ,care was taken when selecting them that they did not come from typhus districts and also to ensure an interval of four to six weeks between the protective vaccination and the outbreak of the clinical symptoms of the disease4 ,according to experience this period is imperative to achieve immunity40 ,the effects of the four vaccines tested were described as follows4 ,the report on the ,weigl vaccine states that 8nobody died04 ,the report on the ,gildemeister and ,haagen vaccine also states that no deaths occurred4 ,the report on the ,behring-,normal vaccine states that one person died4 ,the experiment with the ,behring-,strong vaccine reports one death4 ,the last paragraph of the report states3 8,in the last two groups the symptoms were considerably stronger than in the first groups 99 99 994 ,no difference between the two vaccines of the ,behring ,works was observed4 ,the attending physicians stated that the general picture of the disease in group four was rather more severe compared with that of the patients of group three40 ,in a summation1 ,mrugowsky recommended the use of a vaccine 8produced according to the chicken egg process1 which1 in its immunization effect1 is equal to the vaccine after ,weigl40 8,the effectiveness of protection depends on the method used in making the vaccine40 ,of course1 experiments with vaccines1 conducted because of the urgent need for the discovery of a protective vaccine1 would lead to scant results unless the subjects vaccinated were subsequently in some manner effectively exposed to typhus1 thereby demonstrating the effectiveness or noneffectiveness of the vaccination4 ,while ,mrugowsky's report1 above referred to1 makes no reference to an artificial infection1 it does state without further explanation that two deaths occurred1 and in the last paragraph1 quoted above1 compares the severity of 8the diseased0 between groups three and four4 ,on cross-examination ,mrugowsky testified that ,dr4 ,ding was to lecture at a meeting of consulting surgeons in the spring of #aidc1 and that the witness informed ,genzken concerning 8the intended amount of vaccines to be produced by the ,,ss40 ,mrugowsky testified that he gave ,genzken this information for three reasons3 first1 that ,genzken had to be advised of the fact that ,ding1 as a member of the ,waffen ,,ss1 was to give a lecture to the surgeons2 second1 that ,genzken should be informed concerning 8the effectiveness of a number of vaccines to be used for troops02 third1 that ,genzken should know when he could expect the first production of vaccines for the ,,ss and the amounts he could count on for each month4 ,mrugowsky further testified3 8,the conference with ,dr4 ,genzken was extremely brief4 ,as far as ,i remember we were standing close to his desk4 ,i told him that the various vaccines which ,i mentioned to him had a different effect2 ,i told him that the effect varied as to the length of the temperature and a reduction of fatalities2 and ,i told him that after having vaccinated the entire ,,ss we could count on some protective effect for all soldiers4 ,on that occasion ,i showed him a few charts which ,ding had handed over to me at that time1 the same charts which ,ding reproduced in his paper1 and ,i used these charts in order to explain the effectiveness of the vaccines to him40 ,q4 8,the mortality figures and the temperature figures could be derived from these charts1 couldn't they80 ,a4 8,yes4 ,if ,i remember correctly1 on the heading of these charts the information was given what the day of the infection was4 ,this entire conference was very brief and it is quite possible that ,dr4 ,genzken--who was only concerned with the most important points which he had to know--it is quite possible that he overlooked that4 ,i had no cause to point it out to him in particular since ,i was not reporting to him about ,ding's series of experiments but was only reporting to him about the protective value of various vaccines which he1 as medical chief1 had to know4 ,these were two completely different points of view40 ,the ,tribunal is convinced that prior to #a ,september #aidc1 ,genzken knew the nature and scope of the activities of his subordinates1 ,mrugowsky and ,ding1 in the field of typhus research2 yet he did nothing to insure that such research would be conducted within permissible legal limits4 ,he knew that concentration camp inmates were being subjected to cruel medical experiments in the course of which deaths were occurring2 yet he took no steps to ascertain the status of the subjects or the circumstances under which they were being sent to the experimental block4 ,had he made the slightest inquiry he would have discovered that many of the human subjects used were non-,german nationals who had not given their consent to the experiments4 ,as the ,tribunal has already pointed out in this judgment1 8the duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates1 directs1 or engages in the experiment4 ,it is a personal duty and responsibility which may not be delegated to another with impunity40 ,we find that ,genzken1 in his official capacity1 was responsible for1 aided and abetted the typhus experiments1 performed on non-,german nationals against their consent1 in the course of which deaths occurred as a result of the treatment received4 ,to the extent that these experiments did not constitute war crimes they constituted crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment ,genzken is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,genzken became a member of the ,,ss on #a ,march #aicf and voluntarily remained in that organization until the end of the war4 ,as a high-ranking member of the ,medical ,service of the ,waffen ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,karl ,genzken guilty1 under counts two1 three1 and four of the indictment4 ,,gebhardt ,the defendant ,gebhardt is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,malaria1 ,lost ,gas1 ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 ,epidemic ,jaundice1 ,sterilization1 ,typhus1 ,poison1 and ,incendiary ,bomb ,experiments4 ,the defendant ,gebhardt held positions of great power and responsibility in the ,medical ,service of the ,,ss in ,nazi ,germany4 ,he joined the ,,nsdap in #aicc and the ,,ss at least as early as #aice4 ,he took part in the ,nazi ,putsch of #aibc1 which aimed at the overthrow of the so-called ,weimar ,republic1 the democratic government of ,germany1 being then a member of the illegal ,free ,corps1 8,bund ,oberland40 ,when1 in #aicc1 the hospital at ,hohenlychen was founded1 ,gebhardt was appointed chief physician of this institution4 ,in #aich he became the attending physician to ,himmler4 ,he was also personal physician to ,himmler and his family4 ,in #aidj ,gebhardt was appointed consulting surgeon of the ,waffen ,,ss and1 in #aidc1 chief clinical officer 7,oberster ,kliniker7 of the ,reich ,physician ,,ss and ,police1 ,grawitz4 ,in the ,allgemeine ,,ss ,gebhardt attained the rank of a ,gruppenfuehrer 7major general71 and in the ,waffen ,,ss the rank of major general in the reserve4 ,,sulfanilamide ,,experiments ,the purpose for which these experiments were undertaken is defined in counts two and three of the indictment4 ,in the ,ravensbrueck concentration camp during a period from #bj ,july #aidb until ,august #aidc1 the defendant ,gebhardt1 aided by defendants ,fischer and ,oberheuser1 performed such experiments upon human subjects without their consent4 ,gebhardt personally requested ,heinrich ,himmler's permission to carry out these experiments1 and attempts to assume full responsibility for them and for any consequences resulting therefrom4 ,he himself personally carried out the initial operations4 ,while it is not deemed strictly necessary in this judgment to describe in any detail the procedure followed in performing these experiments1 a brief statement will now be made thereon4 ,the first experimental subjects consisted of #ae male concentration camp inmates used during preliminary experiments in ,july #aidb1 but later #fj ,polish women1 who were experimented on in #e groups of #ab subjects each4 ,in the first series of experiments the healthy subjects were infected with various bacteria1 but resulting infections were not thereafter considered sufficiently serious to furnish an answer to the problem sought to be solved and further experiments were then undertaken4 ,dr4 ,gebhardt has admitted that in the second series of experiments three of the subjects died as a result of the treatment received4 ,all of these subjects were persons who had been selected by the concentration camp authorities and who were not consulted as to their consent or willingness to participate4 ,notwithstanding this1 however1 the experimental subjects protested against experiments both orally and in writing1 stating that they would have preferred death to continued experiments1 since they were convinced that they would die in any event4 ,an examination of the evidence presented to this ,tribunal in connection with sulfanilamide experiments performed upon unwilling and nonconsenting concentration camp inmates indicates conclusively1 that participating human subjects were used under duress and coercion in experiments performed upon their bodies2 that persons acting as subjects incurred and suffered physical torture and the risk of death2 that in the experiments here discussed at least five deaths of subjects were caused therefrom4 ,it is claimed by ,dr4 ,gebhardt that all of the non-,german experimental subjects were selected from inmates of concentration camps1 former members of the ,polish ,resistance ,movement1 who had previously been condemned to death and were in any event marked for legal execution4 ,this is not recognized as a valid defense to the charge of the indictment4 ,the ,polish women who were used in the experiments had not given their consent to become experimental subjects4 ,that fact was known to ,gebhardt4 ,the evidence conclusively shows that they had been confined at ,ravensbrueck without so much as a semblance of trial4 ,that fact could have been known to ,gebhardt had he made the slightest inquiry of them concerning their status4 ,moreover1 assuming for the moment that they had been condemned to death for acts considered hostile to the ,german forces in the occupied territory of ,poland1 these persons still were entitled to the protection of the laws of civilized nations4 ,while under certain specific conditions the rules of land warfare may recognize the validity of an execution of spies1 war rebels1 or other resistance workers1 it does not under any circumstances countenance the infliction of death or other punishment by maiming or torture4 ,,bone1 ,,muscle ,,and ,,nerve ,,regeneration ,,and ,,bone ,,transplantation ,,experiments ,these experiments were carried out in ,ravensbrueck concentration camp during the same time1 and on the same group of ,polish women used in the sulfanilamide experiments4 ,upon these ,polish inmates three kinds of bone operations were performed--artificially induced fractures1 bone transplantations1 bone splints--the conditions of the operations being specially created in each particular case4 ,some girls were required to submit to operations several times4 ,in one instance small pieces of fibula were taken out2 in another instance the periosteum of the leg was removed4 ,cases occurred where subjects were experimented on by deliberately fracturing their limbs in several places and testing the effect of certain treatments4 ,in at least one case bone incisions were performed on a subject six different times4 ,in another case the shoulder blade of a subject was removed4 ,further recital of these activities is as unnecessary as were the operations themselves4 ,the testimony heard and exhibits filed and examined by the ,tribunal conclusively sustain the allegations of the indictment with reference to the experiments mentioned therein4 ,,sepsis 7,,phlegmon7 ,,experiments ,a witness whose testimony must be accepted as credible testified concerning these experiments in which concentration camp inmates were used without their consent and were thereafter infected with pus4 ,he testified as to at least two series of experiments which resulted fatally for #ab of the subjects4 ,the prosecution claims1 and it is likely that these biochemical experiments which were performed in the ,dachau concentration camp were complementary to and formed parts of the sulfanilamide experiments in ,ravensbrueck4 ,the evidence1 however1 is not sufficient to establish the criminal connection of ,gebhardt with these experiments4 ,,sea-,,water ,,experiments ,dr4 ,gebhardt's position1 which has been mentioned in this judgment as that of an official and personal associate of ,heinrich ,himmler--part of whose duties concerned concentration camp medical experiments1 was partially defined by an order issued by ,himmler #ae ,may #aidd directing that an opinion from ,gebhardt would be required before any experiments thereafter could be carried out on such human subjects4 ,this order stated that all medical experiments to be carried out at the concentration camps had to have ,himmler's personal approval4 ,it appears1 however1 that while the application for permission to carry out experiments involving human subjects was required to be obtained from ,himmler--yet before such application could be examined1 a critical opinion of the chief clinical officer of the ,,ss1 ,dr4 ,gebhardt1 concerning its technical aspects was required to accompany it4 ,complying with this order ,gebhardt1 in reference to sea-water experiments1 wrote-- 8,i deem it absolutely right to support the ,luftwaffe in every way and to place a general physician of the ,waffen ,,ss at disposal to supervise the experiments40 ,this alone is deemed to be sufficient to show that ,dr4 ,gebhardt knew about1 and approved1 the performance of the sea-water experiments as charged in the indictment4 ,,sterilization ,,experiments ,details of the sterilization experiments will be dealt with elsewhere in this judgment2 and it is unnecessary to repeat them here1 except to the extent necessary to inquire the part1 if any1 taken by ,gebhardt therein4 ,on #g and #h ,july #aidb a conference took place between ,himmler1 ,gebhardt1 ,,ss ,brigadefuehrer ,gluecks1 and ,,ss ,brigadefuehrer ,clauberg1 to discuss the sterilization of ,jewesses4 ,dr4 ,clauberg was promised that the ,auschwitz concentration camp would be placed at his disposal for experiments on human beings and animals1 and he was requested to discover by means of fundamental experiments a method of sterilizing persons without their knowledge4 ,during the course of the conference1 ,himmler called the special attention of all present 8to the fact that the matter involved was most secret and should be discussed only with the officers in charge and that the persons present at the experiments or discussions had to pledge secrecy40 ,from this evidence it is apparent that ,gebhardt was present at the initial meeting which launched at least one phase of the sterilization program in the concentration camps1 and thus had knowledge and gave at least passive approval to the program4 ,,high-,,altitude1 ,,freezing1 ,,malaria1 ,,lost ,,gas1 ,,epidemic ,,jaundice1 ,,typhus1 ,,poison1 ,,and ,,incendiary ,,bomb ,,experiments ,details as to the origin of and procedure followed in these experiments are discussed elsewhere in this judgment1 and will not be repeated4 ,our only concern is to determine to what extent1 if any1 the defendant ,gebhardt took part in the experiments4 ,in these enterprises the defendant seems not to have taken any active part1 as he did in the sulfanilamide experiments and in other programs4 ,it may be argued that his close connection with ,heinrich ,himmler creates a presumption that these experiments were conducted with ,gebhardt's knowledge and approval4 ,be that as it may1 no sufficient evidence to that effect has been presented1 and a mere presumption is not enough in this case to convict the defendant4 ,attention has been given to the brief filed by counsel for the defendant ,gebhardt4 ,for the most part it is unnecessary to discuss the theories presented in this brief1 for the reason that the main reliance of the defense seems to be that in his connection with the experiments charged in the indictment1 ,dr4 ,gebhardt acted as a soldier in the execution of orders from an authorized superior4 ,we cannot see the applicability of the doctrine of superior orders as a defense to the charges contained in the indictment4 ,such doctrine has never been held applicable to a case where the one to whom the order is given has free latitude of decision whether to accept the order or reject it4 ,such was the situation with reference to ,gebhardt4 ,the record makes it manifestly plain that he was not ordered to perform the experiments1 but that he sought the opportunity to do so4 ,particularly is this true with reference to the sulfanilamide experiments3 ,gebhardt1 in effect1 took them away from ,grawitz to demonstrate that certain surgical procedures advocated by him at the bedside of the mortally wounded ,heydrich at ,prague in ,may of #aidb were scientifically and surgically superior to the methods of treatment proposed by ,dr4 ,morell1 ,hitler's personal physician4 ,the doctrine1 therefore1 is not applicable4 ,but even if it were1 the fact of such orders could merely be considered1 under ,control ,council ,law ,no4 #aj1 as palliating punishment4 ,another argument presented in briefs of counsel attempts to ground itself upon the debatable proposition that in the broad interest of alleviating human suffering1 a state may legally provide for medical experiments to be carried out on prisoners condemned to death without their consent1 even though such experiments may involve great suffering or death for the experimental subject4 ,whatever may be the right of a state with reference to its own citizens1 it is certain that such legislation may not be extended so as to permit the practice upon nationals of other countries who1 held in the most abject servitude1 are subjected to experiments without their consent and under the most brutal and senseless conditions4 ,we find that ,gebhardt1 in his official capacity1 was responsible for1 aided and abetted1 and took a consenting part in medical experiments performed on non-,german nationals against their consent2 in the course of which deaths1 maiming1 and other inhuman treatment resulted to the experimental subjects4 ,to the extent that these experiments did not constitute war crimes they constituted crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment ,gebhardt is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely the ,,ss4 ,the evidence shows that ,gebhardt became a member of the ,,ss at least as early as #aicc and voluntarily remained in that organization until the end of the war4 ,as one of the most influential members of the ,medical ,service of the ,waffen ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,karl ,gebhardt guilty under counts two1 three and four of the indictment4 ,,blome ,the defendant ,blome is charged under counts two and three of the indictment with personal responsibility for1 and participation in ,malaria1 ,lost ,gas1 and ,sulfanilamide ,experiments1 the extermination of tubercular ,poles1 and the execution of the ,euthanasia ,program4 ,proof has also been adduced for the purpose of showing that he participated in the freezing bacteriological warfare1 and blood coagulation experiments4 ,the charge with reference to sulfanilamide experiments has been abandoned by the prosecution and hence will not be considered further4 ,the defendant ,blome studied medicine at ,goettingen and received his medical degree in #aibj4 ,from #aibd to #aicd he engaged in private practice4 ,in the latter year he was summoned to ,berlin where1 in #aice1 he reorganized the ,german medical educational system4 ,he also acted as adjutant in the central office of the ,german ,red ,cross and as business manager of the ,german ,physicians' ,association1 which position he held until the end of ,world ,war ,,ii4 ,in #aich he became ,president of the ,bureau of the ,academy for ,international ,medical ,education4 ,from #aici on ,blome acted as deputy for ,dr4 ,leonardo ,conti who was leader of the ,german ,physicians' ,association1 ,head of the ,main ,office for ,public ,health of the ,party1 and ,leader of the ,national ,socialist ,physicians' ,association4 ,in #aida he became a member of the ,reich ,research ,council1 and in #aidc was appointed ,plenipotentiary for ,cancer ,research1 connected with the research commission for protection against biological warfare4 ,blome joined the ,,sa in #aica and became the chief medical officer of the ,,sa in the province of ,mecklenburg4 ,in #aicd he was appointed a province office leader1 and in the ,,sa he attained a rank equivalent to that of major general4 ,in #aidc he was awarded the highest decoration of the ,nazi ,party4 ,as ,plenipotentiary for ,cancer ,research1 it was his duty to determine which research problems should be studied and to assign such problems to scientists best fitted to investigate them4 ,,freezing ,,experiments ,the prosecution argues that ,blome is criminally responsible for participation in the freezing experiments as charged in the indictment4 ,in the subparagraph which particularly refers to freezing1 ,blome is not named among the defendants charged with special responsibility for the experiments4 ,moreover1 the record does not contain evidence which shows beyond a reasonable doubt that ,blome bore any responsible part in the conduct of the freezing experiments4 ,,malaria ,,experiments ,the evidence is insufficient to disclose any criminal responsibility of the defendant in connection with the malaria experiments4 ,,lost ,,gas ,,experiments ,the evidence is insufficient to disclose any criminal responsibility of the defendant in connection with these experiments4 ,,extermination ,,of ,,tubercular ,,poles ,the basis for the prosecution's case against the defendant in this regard is to be found in a series of letters with reference to the tuberculosis menace in the ,reichsgau ,wartheland1 which had been overrun by the ,german ,reich and settled by its citizens4 ,during the year #aida the ,german ,government began a program of extermination of the ,jewish population of the eastern occupied territories4 ,on #a ,may #aidb ,greiser1 the ,german ,military ,governor of ,reichsgau ,wartheland1 wrote ,himmler advising him that 8as to the #ajj1jjj ,jews in the district1 the #8special treatment' approved by ,himmler was about completed40 ,the letter then continued3 899 99 99 ,i ask you for permission to rescue the district immediately1 after the measures taken against the ,jews1 from a menace which is increasing week by week1 and use the existing and efficient special commandos for that purpose4 8,there are about #bcj1jjj people of ,polish nationality in my district who were diagnosed to suffer from tuberculosis4 ,the number 99 99 99 infected with open tuberculosis is estimated at about #ce1jjj4 ,this fact has led in an increasingly frightening measure to the infection of ,germans who came to the ,warthegau perfectly healthy 99 99 994 ,a considerable number of well known leading men1 especially of the police1 have been infected lately and are not available for the war effort 99 99 994 ,the ever increasing risks were also recognized and appreciated by the deputy of the ,reich ,leader for ,public ,health1 ,comrade ,professor ,dr4 ,blome 99 99 994 8,though in ,germany proper it is not possible to take appropriate draconic steps against this public plague1 ,i think ,i could take responsibility 99 99 99 to have cases of open tuberculosis exterminated among the ,polish race here in the ,warthegau4 ,of course1 only a ,pole should be handed over for such an action who is not only suffering from open tuberculosis1 but whose incurability is proved and certified by a public health officer4 8,considering the urgency of this project ,i ask for your approval in principle as soon as possible4 ,this would enable us to make the preparations with all necessary precautions now to get the action against the ,poles suffering from open tuberculosis under way1 while the action against the ,jews is in its closing stages4 8,heil ,hitler6 8,,greiser0 ,two days later ,koppe1 the police leader on ,greiser's staff1 wrote to ,rudolf ,brandt restating ,greiser's proposal and urging ,brandt to call the matter to ,himmler's attention4 ,brandt promptly acknowledged the letter1 advising ,koppe that the proposal had been referred to the ,chief of the ,security ,police for opinion1 but that the final decision would rest with ,hitler4 ,on #i ,june #aidb the ,chief of the ,security ,police rendered his opinion to ,himmler3 8,i have no scruples against having the protectorate members and stateless persons of the ,polish race 99 99 99 who are afflicted with open tuberculosis1 submitted to the special treatment in the sense of the proposal of ,gau ,leader ,greiser4 99 99 99 ,the individual measures1 though1 will first have to be discussed thoroughly with the ,security ,police1 in order to carry out the execution with the least possible attraction of attention40 ,the opinions thus rendered undoubtedly received the full approval of ,himmler1 for on #bg ,june #aidb ,rudolf ,brandt passed on to ,greiser a letter from ,himmler containing the following decision3 8,dear ,comrade ,greiser3 8,i have no objection to having protectorate people and stateless persons of ,polish origin who live within the territory of the ,warthegau and are infected with tuberculosis handed over for special treatment as you suggest2 as long as their disease is incurable 99 99 994 ,i would like to request1 however1 to discuss the individual measures in detail with the ,security ,police first1 in order to assure inconspicuous accomplishment of the task 99 99 994 ,signed 8,h4 ,,himmler0 ,the ,himmler letter was acknowledged by ,greiser on #ba ,november #aidb1 ,greiser advising ,himmler that in pursuance of the permission given him to apply 8special treatment0 to tubercular ,poles he had made arrangements for an ,x-ray examination of all people in the territory1 but that now that 8special treatment0 had been approved1 ,blome1 ,deputy ,chief of the ,public ,health ,office of the ,,nsdap was raising objections to its execution4 ,a copy of ,blome's letter to ,greiser was enclosed for ,himmler's information4 ,blome's letter to ,greiser is dated #ah ,november #aidb4 ,it opens by recalling various conversations between the writer and ,greiser concerning the campaign against tuberculosis in the ,warthegau1 and then proceeds to consider the matter in detail2 the letter proceeding3 8,with the settlement of ,germans in all parts of the ,gau1 an enormous danger has arisen for them 99 99 994 ,what goes for the ,warthegau 99 99 99 also holds true for the other annexed territories 99 99 994 8,therefore1 something basic must be done soon4 ,one must decide the most efficient way in which this can be done4 ,there are three ways to be taken into consideration3 8#a4 ,special treatment of the seriously ill persons1 8#b4 ,most rigorous isolation of the seriously ill persons1 8#c4 ,creation of a reservation for all ,,tb patients4 8,for the planning1 attention must be paid to different points of view of a practical1 political and psychological nature4 ,considering it most soberly1 the simplest way would be the following3 ,aided by the ,x-ray battalion1 we could reach the entire population1 ,german and ,polish1 of the ,gau during the first half of #aidc4 ,as to the ,germans1 the treatment and isolation is to be prepared and carried out according to the regulations of ,tuberculosis ,relief4 ,the approximately #ce1jjj ,poles who are incurable and infectious will be #8specially treated'4 ,all other ,polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion40 ,blome then proceeds1 stating that he has made arrangements for commencement of the 8radical procedure01 but suggests that some assurance should be procured that ,hitler would agree to the project4 ,the letter then goes on to say-- 8,i could imagine that the ,fuehrer1 having some time ago stopped the program in the insane asylums1 might at this moment consider a #8special treatment' of the incurably sick as unsuitable and irresponsible from a political point of view4 ,as regards the ,euthanasia ,program it was a question of people of ,german nationality afflicted with hereditary diseases4 ,now it is a question of infected sick people of a subjugated nation40 ,blome then voices the opinion that if the program is put into execution1 it cannot be kept secret and will be made the basis for much adverse and harmful propaganda both at home and abroad4 ,he suggests accordingly that before the program is commenced all points of view should again be presented to ,hitler4 ,continuing1 ,blome writes that if ,hitler should forbid the radical proposal suggested by ,greiser1 three other solutions were open 7#a7 consumptives and incurables could be isolated with their relatives2 7#b7 all infectious consumptives might be strictly isolated in nursing establishments2 7#c7 the consumptives might be resettled in a particular area4 ,if the latter plan were adopted1 the sick could reach the assigned territory on foot1 and thus save the costs of transportation4 ,blome's letter finally concludes-- 8,after a proper examination of all these considerations and circumstances1 the creation of a reservation1 such as the reservations for lepers1 seems to be the most practicable solution4 ,such a reservation should be able to be created in the shortest time by means of the necessary settlement4 ,within the reservation one could easily set up conditions for the strict isolation of the strongly contagious4 8,even the case of the ,german consumptives represents an extremely difficult problem for the ,gau4 ,but this cannot be overcome1 unless the problem of the ,polish consumptives is solved at the same time40 ,the evidence shows that the letter from ,greiser to ,himmler1 with ,blome's suggestions enclosed1 was acknowledged by ,himmler on #c ,december #aidb with the following final decision3 8,dear ,party ,comrade ,greiser3 8,i have received your letter of #ba ,november #aidb4 ,i1 too1 believe that it would be better to take into consideration the misgivings set forth by ,party ,member ,dr4 ,blome4 ,in my opinion it is impossible to proceed with the sick persons in the manner intended1 especially since1 as you have informed me1 it will be possible to exploit the practical results of the tests only in six months4 8,i suggest you look for a suitable area to which the incurable consumptives can be sent4 ,besides the incurables1 other patients with less severe cases of tuberculosis could quite well be put into this territory1 too4 ,this action would also1 of course1 have to be exploited with the appropriate form of propaganda4 8,before writing you this letter ,i again thoroughly thought over whether the original idea could not in some way be carried out4 ,however1 ,i am convinced now that it is better to proceed the other way40 ,the prosecution maintains that this series of letters which have been referred to establishes the criminal participation of the defendant ,blome in the extermination of tubercular ,poles4 ,we cannot follow the argument4 ,it is probable that the proposal to isolate tubercular ,poles1 as suggested by ,blome and approved by ,himmler1 was at least partially carried out2 although the record discloses but little with reference to what actually transpired4 ,it may be that in the course of such a program ,poles may have died as the result of being uprooted from their homes and sent to isolation stations2 but the record contains no direct credible evidence upon the subject4 ,blome explained from the witness stand his letter to ,greiser by saying that it was written in order to prevent the extermination program of tubercular ,poles from being put into execution4 ,certainly1 his letter indicates on its face that he opposed the 8special treatment0 suggested by ,greiser4 ,we cannot say1 therefore1 that the explanation offered is wholly without substance4 ,it at least raises a reasonable doubt in our minds concerning the matter4 ,blome knew ,hitler and ,himmler4 ,he well knew that any objections to 8special treatment0 based on moral or humanitarian grounds would make but small impact upon the minds of men like these ,nazi leaders4 ,he knew1 moreover1 that before ,greiser's proposal for extermination would be abandoned a plan which appeared to be better must be suggested4 ,if viewed from the standpoint of factual and psychological considerations1 it cannot be held that the letter was not well-worded when considered as an attempt to put an end to the plan originally adopted1 and to bring the substitution of another plan not so drastic4 ,whatever may have been its purpose1 the record shows that1 in this particular1 the letter did in fact divert ,himmler from his original program and that as a result thereof the extermination plan was abandoned4 ,,euthanasia ,,program ,blome is charged with criminal responsibility in connection with the ,euthanasia ,program1 but we are of opinion that the evidence is insufficient to sustain the charge4 ,,bacteriological ,,warfare ,the prosecution contends that the evidence in the case established ,blome's guilt in connection with research concerning different forms of bacteriological warfare4 ,blome1 who was plenipotentiary for cancer research in the ,reich ,research ,council1 admits that the problem of cancer research was allied with the research commission for protection against biological warfare4 ,he admits further1 that he was placed in charge of an institute near ,poznan in which the problems of biological warfare were to be investigated1 but states that the work being done at the ,poznan institute was interrupted in ,march #aide by the advance of the ,russian army4 ,this latter fact seems to be confirmed by the evidence4 ,in this connection ,schreiber appeared as a witness before the ,international ,military ,tribunal4 ,his testimony given there has been received in evidence before this ,tribunal4 ,from the testimony it appears that ,blome visited ,schreiber at the ,military ,medical ,academy1 ,berlin1 during ,march #aide and stated to him that he1 ,blome1 had abandoned his institute in ,poznan due to the advance of the ,russians1 but before leaving had attempted to destroy his installations as he feared that the ,russians might discover that preparations had been made in the institute for experiments on human beings4 ,counsel for the prosecution has brought to our judicial notice a finding by the ,international ,military ,tribunal in its judgment wherein it is found that-- 8,in ,july #aidc experimental work was begun in preparation for a campaign of bacteriological warfare2 ,soviet prisoners of war were used in the medical experiments1 which more often than not proved fatal40 7,see 8,trial of the ,major ,war ,criminals01 ,vol4 ,i1 p4 #bca47 ,it is submitted by the prosecution that this finding of the ,international ,military ,tribunal1 when considered in connection with other evidence in the case1 requires this ,tribunal to find the defendant ,blome guilty under the indictment4 ,the suggestion is not tenable4 ,it may well be that defendant ,blome was preparing to experiment upon human beings in connection with bacteriological warfare1 but the record fails to disclose that fact1 or that he ever actually conducted experiments4 ,the charge of the prosecution on this item is not sustained4 ,,polygal ,,experiments ,the prosecution has introduced evidence which suggests that ,blome may be criminally responsible for polygal experiments conducted by ,rascher at ,dachau1 in which ,russian prisoners of war were used as experimental subjects4 ,in our view the evidence does no more than raise a strong suspicion2 it does not sustain the charge beyond a reasonable doubt4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,kurt ,blome not guilty as charged under the indictment and directs that he be released from custody under the indictment when this ,tribunal presently adjourns4 ,,rudolf ,,brandt ,under counts two and three of the indictment the defendant ,rudolf ,brandt is charged with special responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,malaria1 ,lost ,gas1 ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 ,sea-,water1 ,epidemic ,jaundice1 ,sterilization1 and ,typhus ,experiments4 ,he is also charged under these counts with criminal responsibility for the murder of #aab ,jews for the purpose of completing a ,skeleton ,collection for the ,reich ,university of ,strasbourg1 for the murder and ill-treatment of tubercular ,poles1 and for the ,euthanasia ,program carried out by the ,german ,reich4 ,under count four of the indictment he is charged with membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal4 ,the prosecution has abandoned the charge of participation in the bone1 muscle and nerve regeneration and bone transplantation experiment2 hence1 it will not be considered further4 ,the defendant ,rudolf ,brandt joined the ,nazi ,party in #aicb4 ,he was commissioned a second lieutenant in the ,,ss in #aice4 ,in approximately ten years he rose to the rank of ,,ss colonel4 ,he is one of the three defendants in the case who is not a physician4 ,from the commencement of his career in the ,nazi organization until his capture by the ,allied ,forces in #aide he was directly subordinate to and closely associated with the leader of the ,,ss1 ,heinrich ,himmler1 and he had full knowledge of his chief's personal and official interests and activities4 ,to ,himmler1 ,rudolf ,brandt was first of all an important and trusted clerical assistant4 ,the record shows him to have been an unusually proficient stenographer4 ,that is the road by which he finally arrived at a position of considerable power and authority as personal ,referent on ,himmler's ,personal ,staff1 ,ministerial ,counsellor in the ,ministry of the ,interior1 and a member of the ,ahnenerbe4 ,acting for ,himmler during his absences1 ,rudolf ,brandt1 in these positions1 had a tremendous opportunity to and did exercise personal judgment and discretion in many serious and important matters4 ,,high-,,altitude ,,experiments ,these experiments extended from ,march to ,august #aidb4 ,their details are dealt with elsewhere in this judgment4 ,a portion of the evidence in this specification consists of correspondence between the defendant ,rudolf ,brandt and various others in the ,german military service who were personally engaged in1 or were closely connected with1 the physical details of the experiments performed4 ,the correspondence just previously mentioned was admitted in evidence1 is well authenticated1 and even standing alone1 without additional oral testimony--of which there was also plenty--is deemed amply sufficient to disclose beyond reasonable doubt that except for the sanction and diligent cooperation of the defendant ,rudolf ,brandt1 or someone occupying his position1 the high-altitude experiments mentioned in the indictment could not have been conducted4 ,taken altogether1 the evidence on this item discloses that during the period between ,march and ,august #aidb1 certain medical experiments were conducted at the ,dachau concentration camp in ,germany for the benefit of the ,german ,air ,force1 to determine the limits of human endurance and existence at extremely high altitudes4 ,various human beings1 unwillingly1 and entirely without their consent1 were required and compelled to1 and did participate in the aforesaid experiments as subjects thereof4 ,the said nonconsenting subjects were prisoners of war1 ,german civilians and civilians from ,german occupied territory1 whose exact citizenship1 in many cases1 could not be ascertained4 ,among the experimental subjects there were numerous deaths1 estimated by witnesses at #gj or #hj1 resulting directly from compulsory participation in the experiments4 ,exact data on the total fatalities cannot be stated1 but there is convincing evidence that during the last day's operation of the high-altitude experiments1 five participating and nonconsenting subjects died as the result thereof4 ,the greater number of the experimental subjects suffered grave injury1 torture and ill-treatment4 ,,freezing ,,experiments ,in this experiment1 or series of experiments1 ,rudolf ,brandt is established as an intermediary and necessary aid between ,heinrich ,himmler1 who authorized the work to be done1 and those who were appointed by him actually to perform the ruthless task4 ,evidence is conclusive that ,rudolf ,brandt at all times knew exactly what experimental processes would be carried out4 ,he knew that the procedure followed was to select from the inmates at ,dachau such human subjects as were considered most suitable for experimental purposes4 ,he knew that no consent was ever deemed necessary from the persons upon whom the experiments were to be performed4 ,he knew that among the experimental subjects were non-,german nationals1 including civilians and prisoners of war4 ,the exact number of deaths cannot be ascertained from the evidence1 but that fatalities occurred among the experimental subjects has been proved beyond a reasonable doubt4 ,,lost 7,,mustard7 ,,gas ,,experiments ,on this specification1 an affidavit of the defendant ,rudolf ,brandt which is confirmed by other evidence reads substantially as follows3 8,towards the end of the year #aici1 experiments were conducted at the ,sachsenhausen concentration camp on persons who were certainly not all volunteers1 in order to ascertain the efficacy of the different treatment of wounds inflicted by ,lost gas4 ,lost is a poisonous gas which produces injurious effects on the epidermis4 ,i think it is generally known as mustard gas4 99 99 99 ,therefore1 experiments were conducted on inmates of concentration camps4 ,as far as ,i understand1 the experiments consisted of inflicting wounds upon various parts of the bodies of the experimental subjects and infecting them thereafter with ,lost4 ,various methods of treatment were applied in order to determine the most effective one 99 99 994 8,in the second half of #aidb1 ,hirt 7,dr4 ,august ,hirt7 together with 99 99 99 who served in the ,luftwaffe1 initiated experiments on inmates of the ,natzweiler concentration camp4 ,the inmates for these as well as other experiments were simply chosen by ,pohl's office1 the ,economic and ,administrative ,main ,office1 ,,wvha4 ,in order to be employed for such purposes1 the experiments on human subjects with ,lost gas had been carried on during the years #aidc and #aidd in the ,sachsenhausen concentration camp as well as in the ,natzweiler concentration camp4 ,the result was that some of the inmates died40 ,in the course of the gas experiments above referred to1 testimony in the record discloses that a considerable amount of correspondence was carried on by persons concerned 7except the experimental subjects themselves71 and it appears that some1 at least1 of this was referred to ,rudolf ,brandt for action1 upon which he personally intervened sufficiently to associate himself actively with the conduct of the work being done4 ,and so he must be regarded as criminally responsible4 ,,sterilization ,,experiments ,rudolf ,brandt is charged1 as in the indictment set forth1 with special responsibility under the above heading4 ,the means by which sterilization experiments or processes were to be made or utilized included ,x-ray treatment1 surgery1 and drugs4 ,no specific instances of any drug being actually used have been clearly shown by oral testimony1 or exhibits herein submitted in evidence4 ,in reference to the ,x-ray and surgery methods of sterilization1 however1 ,rudolf ,brandt is shown by the evidence to have taken a moving part in the preparation of plans1 and in their execution1 sufficient to justify the ,tribunal in finding his criminal connection therewith4 ,an affidavit executed by the defendant ,rudolf ,brandt reads as follows3 8,himmler was extremely interested in the development of a cheap1 rapid sterilization method which could be used against enemies of ,germany1 such as the ,russians1 ,poles1 and ,jews4 ,one hoped thereby not only to defeat the enemy1 but to exterminate him4 ,the capacity for work of the sterilized persons could be exploited by ,germany1 while the danger of propagation would be eliminated4 ,this mass sterilization was part of ,himmler's racial theory2 particular time and care were devoted to these sterilization experiments40 ,we learn from the record that persons subjected to treatment were 8young1 well-built inmates of concentration camps who were in the best of health1 and these were ,poles1 ,russians1 ,french1 and prisoners of war40 ,it goes without saying that the work done in conformity with the plans of ,himmler1 substantially aided by the cooperation of ,rudolf ,brandt1 brought maiming and suffering to great numbers of people4 ,,typhus ,,experiments ,medical experiments ostensibly conducted to benefit ,germany in the prevention of typhus fever were carried on in the ,natzweiler concentration camp beginning with the year #aidb4 ,the details of these experiments have been dealt with elsewhere in this judgment4 ,in the evidence it is proved that not less than #ej experimental subjects died as a direct result of their participation in these typhus experiments4 ,persons of all nationalities were used as subjects4 ,regarding these enterprises1 ,rudolf ,brandt1 in his own affidavit1 admits that these experimental subjects did not volunteer but were conscripted and compelled to serve without their consent being sought or given4 ,inasmuch as information on the typhus experiments1 both before and after their performance1 was furnished1 as a matter of course1 to ,himmler through ,brandt1 the defendant's full knowledge of them is regarded as definitely proven4 ,here1 again1 the managing hand of the defendant is shown4 ,the smooth operation of these experiments is demonstrated to have been contingent upon the diligence with which ,rudolf ,brandt arranged for the supply of quotas of suitable human experimental material to the physicians at the scene of the experiment4 ,in view of these proven facts1 the defendant ,rudolf ,brandt must be held and considered as one of the defendants responsible for performance of illegal medical experiments where deaths resulted to the nonconsenting human subjects4 ,,skeleton ,,collection ,in response to a request by ,rudolf ,brandt1 on #i ,february #aidb the defendant ,sievers1 business manager of the ,ahnenerbe1 submitted to him certain data on the alleged desirability of securing a ,jewish skeleton collection for the ,reich ,university of ,strasbourg4 ,the report furnished to the defendant ,brandt contained among other things the following3 8,by procuring the skulls of the ,jewish ,bolshevik ,commissars1 who personified a repulsive yet characteristic humanity1 we have the opportunity of obtaining tangible scientific evidence4 ,the actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the ,wehrmacht in the future to immediately turn over alive all ,jewish ,bolshevik ,commissars to the field police40 ,on #bg ,february #aidb1 ,rudolf ,brandt informed defendant ,sievers that ,himmler would support the enterprise and would place everything necessary at his disposal2 and that ,sievers should report again in connection with the undertaking4 ,testimony and exhibits placed before this ,court are abundantly sufficient to show that the plan mentioned was actually put into operation2 that not less than #hf people were murdered for the sole purpose of obtaining their skeletons4 ,much more could be said in reference to this revolting topic1 but it would add nothing to the judgment4 ,the fact that ,rudolf ,brandt showed an initial interest and collaborated in the undertaking is enough to require a finding that he is guilty of murder in connection with the program4 ,,malaria1 ,,sea-,,water1 ,,and ,,epidemic ,,jaundice ,,experiments2 ,,and ,,the ,,charge ,,of ,,the ,,murder ,,and ,,mistreatment ,,of ,,poles ,it appears to be well established that ,himmler sponsored1 supported1 furthered or initiated each of these enterprises4 ,doubtless ,brandt knew what was going on1 and perhaps he helped in the program4 ,the evidence is not sufficient1 however1 to justify such a finding4 ,the ,tribunal finds that the defendant ,rudolf ,brandt was an accessory to1 ordered1 abetted1 took a consenting part in1 was knowingly connected with plans and enterprises involving1 and was a member of an organization or group connected with1 the commission of medical experiments on non-,german nationals1 without their consent1 in the course of which experiments murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts were committed2 and the murder of no less than #hf non-,german ,jews for a skeleton collection4 ,to the extent that these crimes were not war crimes they were crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment ,rudolf ,brandt is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,rudolf ,brandt became a member of the ,,ss in #aicc1 and remained in this organization until the end of the war4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,an extremely persuasive and interesting brief on behalf of the defendant ,rudolf ,brandt1 filed by his attorney1 has received careful attention by this ,tribunal4 ,therein it is urged that ,rudolf ,brandt's position under ,heinrich ,himmler was one of such subordination1 his personal character so essentially mild1 and he was so dominated by his chief1 that the full significance of the crimes in which he became engulfed came to him with a shock only when he went to trial4 ,this plea is offered in mitigation of appalling offenses in which the defendant ,brandt is said to have played only an unassuming role4 ,if it be thought for even a moment that the part played by ,rudolf ,brandt was relatively unimportant when compared with the enormity of the charges proved by the evidence1 let it be said that every ,himmler must have his ,brandt else the plans of a master criminal would never be put into execution4 ,the ,tribunal1 therefore1 cannot accept the thesis4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,rudolf ,brandt is guilty under counts two1 three and four of the indictment4 ,,mrugowsky ,the defendant is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,freezing1 ,malaria1 ,sulfanilamide1 ,typhus1 ,poison1 ,epidemic ,jaundice1 and ,incendiary ,bomb ,experiments4 ,charges were made concerning certain other medical experiments1 but they have been abandoned by the prosecution4 ,mrugowsky joined the ,,nsdap in #aicj and the ,,ss in #aica4 ,he ultimately rose to the rank of senior colonel in the ,waffen ,,ss4 ,in #aich ,mrugowsky became a member of the staff of the ,,ss medical office1 as hygienist4 ,at the beginning of #aici he founded the ,hygiene ,bacteriological ,testing ,station of the ,,ss in ,berlin1 whose purpose was to combat epidemics in the ,,ss garrison troops of the ,waffen ,,ss4 ,in #aidj the station was enlarged and renamed the 8,hygiene ,institute of the ,waffen ,,ss40 ,mrugowsky became its chief and at the same time ,chief of the ,office for ,hygiene in the ,medical ,service of the ,waffen ,,ss under ,genzken4 ,in his dual capacity ,mrugowsky was answerable to ,genzken in all questions concerning epidemic control and hygiene in the ,waffen ,,ss1 but as ,chief of the ,hygiene ,institute1 was military superior and commander of the ,institute and its affiliated institutions with power to issue orders4 ,the ,medical ,service of the ,waffen ,,ss was reorganized on #a ,september #aidc4 ,mrugowsky and the ,hygiene ,institute were transferred from under ,genzken and became directly subordinated to ,grawitz as ,reich ,physician ,,ss and ,police4 ,by this transfer ,mrugowsky became chief hygienist under ,grawitz1 but remained ,chief of the ,hygiene ,institute4 ,,typhus ,,and ,,other ,,vaccine ,,experiments ,the details concerning the vaccine experiments conducted at ,buchenwald concentration camp have been related elsewhere in this judgment and hence the details need no further discussion4 ,as pointed out in the case against ,handloser1 there is evidence in the record that on #bi ,december #aida a conference was held in ,berlin attended by ,mrugowsky at which the decision was reached to begin research tests at ,buchenwald to determine the efficacy of egg yolk1 and other vaccines as protection against typhus4 ,as a result of the conference1 such an experimental station was established at ,buchenwald under the direction of ,dr4 ,ding with the defendant ,hoven acting as his deputy4 ,except for a few tests conducted early in #aidb1 all experiments were carried out in ,block #df--so-called clinical block of the station4 ,in the autumn of #aidc a vaccine production department was established in ,block #ej and this also came under the supervision of ,dr4 ,ding-,schuler4 ,it would burden this judgment unnecessarily to narrate in detail the various tests and experiments carried out by ,ding at ,buchenwald as a result of the decisions reached at higher levels4 ,all of them conformed to a more or less uniform pattern1 with certain groups of inmates being inoculated with vaccines1 other groups 7known as control groups7 being given no immunization1 and finally both groups being artificially infected with a virulent virus1 and the results noted upon the experimental subjects4 ,we learn from the ,ding diary1 the authenticity and reliability of which has been discussed at length in other portions of the judgment1 the methods employed1 and the results obtained in at least some of the experiments4 ,for example3 ,in 8,typhus vaccination material research series ,i01 which began on #f ,january #aidb1 #ace inmates were vaccinated with ,weigl1 ,cox-,haagen-,gildemeister1 ,behring-,normal1 or ,behring-,strong1 vaccines2 #aj persons were used for control4 ,on #c ,march #aidb all test subjects1 including control persons1 were artificially infected with virulent virus of ,rickettsia-,prowazeki furnished by the ,robert ,koch ,institute4 ,five deaths occurred2 three in the control group and two among the vaccinated subjects4 ,in 8,typhus vaccine1 research series ,,ii01 from #ai ,august to #d ,september #aidb1 #dj persons were vaccinated with two different vaccines2 #ai persons were used for control4 ,subsequently all were artificially infected with virulent virus2 four deaths among the control persons occurred4 ,the entries in the diary concerning 8,typhus vaccine experimental series ,,vii0 read as follows3 8#bh ,may #dc-ah ,june #aidc3 ,carrying out of typhus vaccination for immunization with the following vaccine 7#a7 #bj persons with vaccine #8,asid'1 7#b7 #bj persons with vaccine #8,asid ,adsorbat'1 7#c7 #bj persons with vaccine #8,weigl' of the ,institute for ,typhus and ,virus ,research of the ,high ,command1 ,army 7,,okh7 ,krakow 7,eyer7 99 99 994 ,all experimental persons got very serious typhus4 #g ,sept4 #dc3 ,chart and case history completed4 ,the experimental series was concluded4 #ec deaths 7#ah with #8,asid'7 7#ah with #8,asid ,adsorbat'7 7#i with #8,weigl'7 7#h control7 #i ,sep4 #dc3 ,charts and case histories delivered to ,berlin4 ,dr4 ,ding1 ,,ss ,sturmbannfuehrer40 ,concerning 8,typhus vaccine experimental series ,,viii0 began on #h ,march #aidd the following entry appears in the diary3 8,suggested by ,colonel ,m4,c4 of the ,air ,corps1 ,professor ,rose 7,oberstarzt7 the vaccine #8,kopenhagen' 7,ipsen-,murine-vaccine71 produced from mouse liver by the national serum institute in ,copenhagen1 was tested for its compatibility on humans4 #bj persons were vaccinated for immunization by intramuscular injection 99 99 991 #aj persons were contemplated for control and comparison4 #d of the #cj persons were eliminated before the start of the artificial injection because of intermittent sickness 99 99 994 ,the remaining experimental persons were infected on #af ,april #dd by subcutaneous injection of #a_/bj cc4 typhus sick fresh blood 99 99 994 ,the following fell sick3 #ag persons immunized3 #i medium1 #h seriously2 #i persons control1 #b medium1 #g seriously 99 99 994 #b ,june #dd3 ,the experimental series was concluded4 #ac ,june #dd3 ,chart and case history completed and sent to ,berlin4 #f deaths 7#c ,kopenhagen7 7#c control74 ,dr4 ,ding40 8,typhus vaccine experimental series ,,ix0 began on #ag ,july #aidd4 ,twenty persons were immunized with the vaccine 8,weimar0 produced by the department for ,typhus and ,virus ,research of the ,hygiene ,institute of the ,waffen ,,ss2 and for comparison1 another group of #bj persons were immunized with vaccine 8,weigl0 produced from lice by the ,army ,high ,command 7,,okh7 in ,cracow ,krakow4 ,still another group of #bj persons were used for the control group4 ,on #f ,september #aidd the #fj experimental persons were infected with fresh blood 8sick with typhus0 which was injected into the upper arm4 ,as a result1 all experimental persons became sick1 some seriously4 ,the narration of this experimental series closes with the cryptic report3 8#d ,nov #dd3 ,chart and case history completed1 #bd deaths 7#e #8,weigl'7 7#ai ,control74 ,dr4 ,schuler40 ,these entries are but few of the many which we have taken at random from the ,ding diary1 dealing with the sordid murders of defenseless victims in the name of ,nazi medical science4 ,many more could be set forth if time and space permitted4 ,an analysis of the ,ding diary discloses that no less than #gbi concentration camp inmates were experimented on with typhus1 at least #aed of whom died4 ,and this toll of death takes no account of the certain demise of scores of so-called 8passage0 persons who were artificially infected with typhus for the sole purpose of having at hand an ever-ready supply of fresh blood 8sick with typhus0 to be used to infect the experimental subjects4 ,there is some evidence to the effect that the camp inmates used as subjects in the first series submitted to being used as experimental subjects after being told that the experiments were harmless and that additional food would be given to volunteers4 ,but these victims were not informed that they would be artificially infected with a highly virulent virus nor that they might die as a result4 ,certainly no one would seriously suggest that under the circumstances these men gave their legal consent to act as subjects4 ,one does not ordinarily consent to be the special object of a murder1 and if one did1 such consent would not absolve his slayer4 ,later1 when news of what was happening in ,block #df became generally known in the camp1 it was no longer possible to delude the inmates into offering themselves as victims4 ,thereupon1 the shabby pretense of seeking volunteers was dropped and the experimental subjects were taken arbitrarily from a list of inmates prepared by the camp administration4 ,other experiments were also carried out in ,block #df of ,buchenwald to test typhoid1 para-typhoid ,a and ,b1 and yellow fever4 ,as in the typhus experiments1 nonconsenting human subjects were used1 including not only ,german criminal prisoners but also ,poles1 ,russians1 and ,frenchmen1 both civilians and prisoners of war4 ,in all the typhus experiments1 death resulted to many experimental subjects4 ,as to each of these experiments the evidence is overwhelming that they were carried out by ,ding under the orders or authority of the defendant ,mrugowsky4 ,,poison ,,experiments ,on #aa ,september #aidd ,mrugowsky1 ,ding1 and a certain ,dr4 ,widmann carried out an experiment with aconitin nitrate projectiles in the ,sachenshausen concentration camp4 ,details of the experiment are fully explained by a 8,top ,secret0 report of the sordid affair in a letter written by the defendant ,mrugowsky to the ,criminological ,institute1 ,berlin4 ,the letter follows3 8,subject3 ,experiments with aconitin nitrate projectiles4 ,to the ,criminological ,institute ,attn3 ,dr4 ,widmann ,berlin 8,in the presence of ,,ss ,strumbannfuehrer ,dr4 ,ding1 ,dr4 ,widmann1 and the undersigned1 experiments with aconitin nitrate projectiles were conducted on #aa ,september #aidd on #e persons who had been condemned to death4 ,the projectiles in question were of a #g4fe-mm caliber1 filled with crystalized poison4 ,the experimental subjects1 in a lying position1 were each shot in the upper part of the left thigh4 ,the thighs of two of them were cleanly shot through4 ,even afterwards1 no effect of the poison was to be observed4 ,these two experimental subjects were therefore exempted4 8,the entrance of the projectile did not show any peculiarities4 ,evidently1 the arteria femolaries of one of the subjects was injured4 ,a light stream of blood issued from the wound4 ,but the bleeding stopped after a short time4 ,the loss of blood was estimated as having been at the most of a liter1 and consequently was on no account fatal4 8,the symptoms of the condemned three showed a surprising similarity4 ,at first no peculiarities appeared4 ,after #bj-be minutes a motor agitation and a slight ptyalism set in but stopped again4 ,after #dj to #de minutes a stronger salivation set in4 ,the poisoned persons swallowed repeatedly1 but later the flow of saliva became so strong that it could not even be overcome by swallowing4 ,foamy saliva flowed from their mouths4 ,then choking and vomiting set in4 8,after #eh minutes the pulse of two of them could no longer be felt4 ,the third had a pulse rate of #gf4 ,after #fe minutes his blood pressure was #ij_/fj4 ,the sounds were extremely low4 ,a reduction of blood pressure was evident4 8,during the first hour of the experiment the pupils did not show any changes4 ,after #gh minutes the pupils of all three showed a medium dilation together with a retarded light reaction4 ,simultaneously1 maximum respiration with heavy breathing inhalations set in4 ,this subsided after a few minutes4 ,the pupils contracted again and their reaction improved4 ,after #fe minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative4 ,the abdominal reflexes of two of them were also negative4 ,the upper abdominal reflexes of the third were still positive1 while the lower were negative4 ,after approximately #ij minutes1 one of the subjects again started breathing heavily1 this was accompanied by an increasing motor unrest4 ,then the heavy breathing changed into a flat1 accelerated respiration1 accompanied by extreme nausea4 ,one of the poisoned persons tried in vain to vomit4 ,to do so he introduced four fingers of his hand up to the knuckles into his throat1 but nevertheless could not vomit4 ,his face was flushed4 8,the other two experimental subjects had already early shown a pale face4 ,the other symptoms were the same4 ,the motor unrest increased so much that the persons flung themselves up1 then down1 rolled their eyes1 and made meaningless motions with their hands and arms4 ,finally the agitation subsided1 the pupils dilated to the maximum1 and the condemned lay motionless4 ,masseter spasms and urination were observed in one case4 ,death occurred #aba1 #abc and #abi minutes after entry of the projectile4 8,summary4 ,the projectiles filled with approximately #ch mg4 of aconitin nitrate in solid form had1 in spite of only insignificant injuries1 a deadly effect after two hours4 ,poisoning showed #bj to #be minutes after injury4 ,the main reactions were3 salivation1 alteration of the pupils1 negative tendon reflexes1 motor unrest1 and extreme nausea4 8,,mrugowsky 8,,ss ,lecturer ,oberfuehrer and ,office ,chief40 ,the defendant attempts to meet this charge with the defense that the subjects used in this experiment were persons who had been condemned to death and that he1 ,mrugowsky1 had been appointed as their legal executioner4 ,one need but read the letter introduced in evidence to arrive at the conclusion that the defense has no validity4 ,this was not a legal execution carried out in conformance with the laws and rules of war1 but a criminal medical experiment wherein wounds were inflicted on prisoners with the sole end in view of determining the effectiveness of poisoned bullets as a means of taking life4 ,the hapless victims of this dastardly torture were ,russian prisoners of war1 entitled to the protection afforded by the laws of civilized nations4 ,as has been said1 in substance1 in this judgment3 ,while under certain specific conditions the rules of land warfare may recognize the validity of an execution by shooting1 it will not under any circumstances countenance the infliction of death by maiming or torture4 ,,sulfanilamide ,,experiments ,that ,mrugowsky rendered assistance to ,gebhardt in the sulfanilamide experiments at ,ravensbrueck is plainly shown by the record4 ,mrugowsky put his laboratory and co-workers at ,gebhardt's disposal4 ,he furnished the cultures for the infections4 ,it was on the suggestion of ,mrugowsky's office that wood shavings and ground glass were placed in the wounds of the subjects so that battlefield wounds would be more closely simulated4 ,,gas ,,oedema ,,experiments ,toward the end of #aidb a conference was held in the ,military ,medical ,academy1 ,berlin1 to discuss the effects of gas oedema serum on wounded persons4 ,during the conference1 several cases were reported in which wounded soldiers who had received gas oedema serum injections in large quantities suddenly died without apparent reason4 ,mrugowsky1 who participated in the conference1 expressed the possibility that perhaps the deaths had been due to the phenol content of the serum4 ,as a step toward solving the problem ,mrugowsky ordered ,dr4 ,ding-,schuler1 his subordinate1 to take part in a euthanasia killing with phenol and to report on the results in detail4 ,in pursuance of the order given1 ,dr4 ,ding and the defendant ,hoven killed some of the concentration camp inmates at ,buchenwald with phenol injections and ,ding reported his findings to his superior officer1 ,mrugowsky1 as required by the order4 ,,freezing1 ,,incendiary ,,bomb1 ,,and ,,epidemic ,,jaundice ,,experiments ,as to these items the ,tribunal is of the view that the evidence is insufficient to sustain the charges4 ,it has been proved beyond a reasonable doubt that the defendant ,mrugowsky was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was knowingly connected with plans and enterprises involving medical experiments on non-,german nationals1 without their consent1 in the course of which experiments1 murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts were committed4 ,to the extent that these crimes were not war crimes they were crimes against humanity4 ,,count ,,four ,under count four of the indictment1 the defendant is charged with being a member of an organization declared criminal by the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence proves that ,mrugowsky joined the ,,nsdap in #aicj and voluntarily became a member of the ,waffen ,,ss in #aica4 ,he remained in these organizations throughout the war4 ,as a member of the ,waffen ,,ss1 he was criminally implicated in the commission of war crimes and crimes against humanity as discussed in this judgment4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,joachim ,mrugowsky is guilty under counts two1 three1 and four of the indictment4 ,,poppendick ,the defendant ,poppendick is charged under counts two and three of the indictment with personal responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,malaria1 ,sulfanilamide1 ,sea-,water1 ,epidemic ,jaundice1 ,sterilization1 ,typhus1 and ,poison experiments4 ,he is charged under count four with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal4 ,the charges with reference to high-altitude and poison experiments have been abandoned by the prosecution and hence will not be considered further4 ,poppendick studied medicine at several ,german universities from #aiba to #aibf and passed his state examination in ,december of the latter year4 ,he joined the ,,nsdap on #a ,march #aicb and the ,,ss on #a ,july following4 ,he rose to the rank of lieutenant colonel in the ,,ss and to the rank of senior colonel in the ,waffen ,,ss4 ,he was also a member of a ,nazi ,physicians' ,association4 ,in ,august #aice he was appointed as a physician in the ,main ,race and ,settlement ,office in ,berlin and became chief physician of that office in #aida4 ,he held the latter appointment until the fall of #aidd4 ,from #a ,september #aici until sometime in #aida1 ,poppendick was on active duty in the army as a surgeon4 ,during the latter year he resumed his duties with the ,race and ,settlement ,office in ,berlin4 ,between #aici and #aidc1 he performed some duties as a member of the staff of the ,reich ,physician ,,ss and ,police1 ,dr4 ,grawitz1 taking care of special assignments4 ,in the fall of #aidc ,poppendick was made ,chief of the ,personal ,office of ,grawitz1 which position he retained until the end of the war4 ,,freezing ,,experiments ,the evidence is that ,poppendick gained knowledge of the freezing experiments conducted by ,rascher at ,dachau1 as the result of a conference held between ,rascher1 ,grawitz1 and ,poppendick on #ac ,january #aidc for the purpose of discussing certain phases of the research4 ,the evidence does not prove beyond a reasonable doubt that ,poppendick was criminally connected with these experiments4 ,,malaria ,,experiments ,the prosecution contends that ,poppendick is criminally responsible for the malaria experiments conducted by ,dr4 ,schilling at ,dachau4 ,dr4 ,ploetner was engaged in the malaria experiments as a subordinate of ,schilling4 ,sievers' ,diary1 which is in evidence1 contains a notation that on #bc ,may #aidd ,grawitz1 ,poppendick1 ,ploetner1 and ,sievers held a conference1 which had probably been arranged by ,poppendick three days previously by telephone4 ,the subject of the conference is not disclosed by the diary entry1 but it appears elsewhere in the diary that on #ca ,may #aidd ,grawitz sanctioned ,ploetner's collaboration with ,schilling4 ,poppendick testified as a witness on his own behalf that he had heard that ,schilling was carrying on special investigations at ,dachau concerning immunity from malaria4 ,he stated further that his knowledge of the nature of the investigations went no further4 ,the record does not contradict his testimony4 ,the ,tribunal finds that the evidence does not disclose beyond a reasonable doubt that ,poppendick was criminally connected with the malaria experiments4 ,,sulfanilamide ,,experiments ,poppendick attended the ,third ,meeting of ,consulting ,surgeons at the ,military ,medical ,academy1 ,berlin1 and heard lectures by ,gebhardt and ,fischer concerning the sulfanilamide experiments1 which have been discussed elsewhere in this judgment4 ,under date of #g ,september #aidb he signed a certificate to a true copy of a report1 concerning sulfanilamide experiments which had been conducted at ,ravensbrueck1 made by ,gebhardt to ,grawitz4 ,grawitz forwarded the report1 or a certified copy thereof1 to ,himmler4 ,we are of the opinion that ,poppendick had knowledge of the criminal nature of the experiments conducted by ,gebhardt and ,fischer at ,ravensbrueck1 but the defendant's criminal connection with any such experiments has not been proved by the evidence4 ,,sea-,,water ,,experiments ,the evidence does not disclose beyond a reasonable doubt that ,poppendick was criminally implicated in these experiments4 ,,epidemic ,,jaundice ,,experiments ,the evidence does not disclose beyond a reasonable doubt that ,poppendick was criminally implicated in these experiments4 ,,sterilization ,,experiments ,poppendick was ,chief ,physician of the ,main ,race and ,settlement ,office4 ,the judgment of the ,international ,military ,tribunal found that this office was 8active in carrying out schemes for ,germanization of occupied territories according to the racial principles of the ,nazi ,party and were involved in the deportation of ,jews and other foreign nationals40 7,see the 8,trial of the ,major ,war ,criminals10 ,vol4 #a1 p4 #bgj47 ,testifying before this ,tribunal1 ,poppendick stated that the ,nazi racial policy was twofold in aspect2 one policy being positive1 the other1 negative in character4 ,the positive policy included many matters1 one being the encouragement of ,german families to produce more children4 ,the negative policy concerned the sterilization and extermination of non-,aryans as well as other measures to reduce the non-,aryan population4 ,according to ,poppendick's testimony1 he was not concerned with the execution of negative1 but only with positive measures4 ,by letter dated #bi ,may #aida ,grawitz wrote to ,himmler concerning a conference held on #bg ,may #aida at which ,dr4 ,clauberg was present1 and discussed his 8new method of sterilization of inferior women without an operation40 ,poppendick by letter dated #d ,june #aida1 which referred to a previous telephone conversation with ,grawitz1 wrote ,rudolf ,brandt stating that he was enclosing 8the list of physicians who are prepared to perform the treatment of sterility0 as requested by ,himmler4 ,the list referred to is evidently the same as was contained in a letter from ,grawitz to ,himmler1 dated #cj ,may #aida1 which stated3 8,in the following1 ,i submit a list of specialists in charge of the treatment of sterility in women according to the method of ,professor ,clauberg40 ,it is shown by the evidence that ,clauberg later carried out sterilization experiments on ,jewesses at ,auschwitz4 ,similar experiments were carried out in other concentration camps by ,,ss doctors who were subordinate to ,grawitz4 ,it is evident that ,poppendick knew of these sterilization experiments1 although it is not shown that he was criminally connected with them4 ,,typhus ,,experiments ,it is not clear from the evidence that ,poppendick was criminally connected with1 or had knowledge of1 the nature of the typhus experiments at ,buchenwald1 or the type of subjects upon which they were conducted4 ,,incendiary ,,bomb ,,experiments ,there is some evidence in the record to the effect that after incendiary bomb experiments were completed at ,buchenwald1 reports of the experiments were forwarded to ,poppendick and ,mrugowsky4 ,it is evident that through the reports ,poppendick gained knowledge of the nature of the experiments1 but the record fails to show criminal responsibility of the defendant in connection therewith4 ,,phlegmon ,,experiments ,the evidence clearly proves ,poppendick's knowledge of these experiments1 but it fails to show the defendant's criminal connection therewith4 ,,polygal ,,experiments ,the record does not show ,poppendick's knowledge of or connection with these experiments4 ,,hormone ,,experiments ,the prosecution contends that the evidence shows ,poppendick's criminal responsibility in connection with a series of experiments conducted at ,buchenwald by ,dr4 ,varnet1 a ,danish physician who claimed to have discovered a method of curing homosexuality by transplantation of an artificial gland4 ,under date #ae ,july #aidd1 ,poppendick wrote to ,dr4 ,ding at the concentration camp ,buchenwald as follows3 8,by request of the ,reichsfuehrer ,,ss the ,danish doctor ,,ss ,sturmbannfuehrer ,dr4 ,varnet has been given opportunity to continue his hormone research with the ,,ss1 particularly the development of his artificial gland4 ,the ,reichsfuehrer ,,ss anticipates certain results from the treatment of homosexuals with ,vamet's artificial gland4 ,the technical preparations have come to such a point that experiments on human beings can be started within a reasonable space of time4 8,as ,,ss ,standartenfuehrer ,dr4 ,lolling informed me1 the concentration camp ,weimar-,buchenwald has been directed to make available #e prisoners for ,,ss ,sturmbannfuehrer ,varnet's experiments4 ,these prisoners will be made available to ,,ss ,sturmbannfuehrer ,varnet by the camp physician at any time4 8,,ss ,sturmbannfuehrer ,varnet intends to go to ,buchenwald shortly in order to make certain necessary preliminary tests on these prisoners4 ,in case there will be special laboratory tests1 you are requested to assist ,varnet within the scope of your possibilities4 8,particulars on ,varnet's research were sent today to the camp physician of ,weimar-,buchenwald for his information40 ,there is evidence that during the summer of #aidd ,dr4 ,varnet conducted the experiments referred to in ,poppendick's letter4 ,however1 the nationality of the prisoners used for the experiments is not shown1 nor has it been proved beyond a reasonable doubt that the experiments were harmful or caused death1 or injury to the experimental subjects4 ,we have given careful consideration to the evidence concerning the charges made by the prosecution against the defendant ,poppendick4 ,certainly the evidence raises a strong suspicion that he was involved in the experiments4 ,he at least had notice of them and of their consequences4 ,he knew also that they were being carried on by the ,,ss1 of which he was and remained a member4 ,but this ,tribunal1 however1 cannot convict upon mere suspicion2 evidence beyond a reasonable doubt is necessary4 ,the evidence is insufficient to sustain guilt under counts two and three of the indictment4 ,,membership ,,in ,a ,,criminal ,,organization ,the defendant ,poppendick is charged with membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,poppendick joined the ,,ss in ,july #aicb4 ,he remained in the ,,ss voluntarily throughout the war1 with actual knowledge of the fact that that organization was being used for the commission of acts now declared criminal by ,control ,council ,law ,no4 #aj4 ,he must1 therefore1 be found guilty under count four of the indictment4 ,with reference to the nature of punishment which should be imposed under such circumstances1 the ,international ,military ,tribunal has made the following recommendation3 8#a4 ,that so far as possible throughout the four zones of occupation in ,germany the classifications1 sanctions1 and penalties be standardized4 ,uniformity of treatment so far as practical should be a basic principle4 ,this does not1 of course1 mean that discretion in sentencing should not be vested in the ,court2 but the discretion should be within fixed limits appropriate to the nature of the crime4 8#b4 ,law ,no4 #aj 99 99 99 leaves punishment entirely to the discretion of the trial court even to the extent of inflicting the death penalty4 8,the ,de-,nazification ,law of #e ,march #aidf1 however1 passed for ,bavaria1 ,greater ,hesse1 and ,wuerttemberg-,baden1 provides definite sentences for punishment in each type of offense4 ,the ,tribunal recommends that in no case should punishment imposed under ,law ,no4 #aj upon any members of an organization or group declared by the ,tribunal to be criminal exceed the punishment fixed by the ,de-,nazification ,law4 ,no person should be punished under both laws40 7,see 8,trial of the ,major ,war ,criminals10 ,vol4 #a1 p4 #beg47 ,in weighing the punishment1 if any1 which should be meted out to the defendant for his guilt by reason of the charge contained in count four of the indictment1 this ,tribunal will give such consideration to the recommendations of the ,international ,military ,tribunal as may under the premises seem meet and proper4 ,,conclusion ,military ,tribunal ,i finds the defendant ,helmut ,poppendick not guilty under counts two and three of the indictment1 and finds and adjudges the defendant ,helmut ,poppendick guilty as charged in the fourth count of the indictment4 ,,sievers ,the defendant ,sievers is charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,malaria1 ,lost ,gas1 ,sea-,water1 ,epidemic ,jaundice1 and ,typhus ,experiments1 and with extermination of ,jews to complete a skeleton collection4 ,under count four of the indictment1 he is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the prosecution has abandoned the charge of participation in the ,epidemic ,jaundice experiments1 and hence1 this charge will not be considered further4 ,sievers is one of the three defendants who are not physicians4 ,he joined the ,,nsdap in #aibi and renewed his membership in the ,nazi ,party in #aicc4 ,he joined the ,,ss at the end of #aice on the suggestion of ,himmler4 ,in this organization he attained the rank of a ,standartenfuehrer 7colonel74 ,from #a ,july #aice until the war ended1 ,sievers was a member of ,himmler's personal staff and ,reich ,business ,manager of the ,ahnenerbe ,society4 ,according to a statute of #a ,january #aici1 the purpose of the ,ahnenerbe was to support scientific research concerning the culture and heritage of the ,nordic race4 ,the ,board of ,directors was composed of ,himmler as president1 ,dr4 ,wuest as curator1 and ,sievers as the business manager4 ,sievers was responsible for the business organization administration and the budget of the ,ahnenerbe4 ,the place of business was ,berlin4 ,sievers supported and participated in the medical experiments which are the subject of the indictment1 primarily through the ,institute of ,military ,scientific ,research which was established by order of ,himmler dated #g ,july #aidb and was administratively attached to the ,ahnenerbe4 ,on #a ,january #aidb ,himmler ordered the establishment of an entomological institute2 in ,march #aidb the ,institute ,dr4 ,rascher in ,dachau2 and in the first month of the year #aidb1 the ,institute ,dr4 ,hirt1 at ,strasbourg4 ,these subsequently became part of the ,institute for ,military ,scientific ,research4 ,sievers was1 for all practical purposes1 the acting head of the ,ahnenerbe4 ,in this capacity he was subordinated to ,himmler and regularly reported to him on the affairs of this ,society4 ,the top secret correspondence of ,himmler concerning the ,ahnenerbe was sent to ,sievers4 ,the charter of the ,ahnenerbe defines ,sievers' duties as follows3 8,the ,reich ,business ,manager handles the business affairs of the community2 he is in charge of the business organization and administration4 ,he is responsible for the drawing up of the budget and for the administration of the treasury40 ,sievers was responsible for the entire administrative problems of the secretary's office1 bookkeeping and treasury4 ,besides that he also had to manage the ,ahnenerbe publishing house4 ,in ,june #aidc ,professor ,dr4 ,mentzel1 who among other things was ,chief of the ,business ,managing ,advisory ,council of the ,reich ,research ,council1 appointed ,sievers as his deputy4 ,by this act ,sievers did not become a member of the ,reich ,research ,council but held only an honorary position4 ,in a letter to the defendant ,rudolf ,brandt1 dated #bh ,january #aidc1 ,sievers defines his position as ,reich ,business ,manager of the ,ahnenerbe as follows3 8,my duty merely consists in smoothing the way for the research men and seeing that the tasks ordered by the ,reichsfuehrer ,,ss are carried out in the quickest possible way4 ,on one thing ,i certainly can form an opinion2 that is1 on who is doing the quickest job40 ,sievers received orders directly from ,himmler on matters of research assignments for the ,ahnenerbe and he reported directly to ,himmler on such experiments4 ,sievers devoted his efforts to obtaining the funds1 materials1 and equipment needed by the research workers4 ,the materials obtained by ,sievers included concentration camp inmates to be used as experimental subjects4 ,when the experiments were under way1 ,sievers made certain that they were being performed in a satisfactory manner4 ,in this connection1 ,sievers necessarily exercised his own independent judgment and had to familiarize himself with the details of such assignments4 ,,high-,,altitude ,,experiments ,the details of these experiments are discussed in other portions of this judgment4 ,sievers' activities in the high-altitude experiments are revealed clearly by the evidence4 ,rascher1 in a letter to ,himmler dated #e ,april #aidb1 states as follows3 8,,ss ,obersturmbannfuehrer ,sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report 99 99 99 ,i am very much indebted to ,obersturmbannfuehrer ,sievers as he has shown a very active interest in my work in every respect40 ,sievers admitted that he reported to ,himmler about his visit to ,dachau4 ,on the basis of the reports of ,sievers and ,rascher1 ,himmler authorized ,rascher to continue the high-altitude experiments in ,dachau1 in the course of which the evidence shows that #ahj to #bjj inmates were experimented upon2 that #gj to #hj of them died4 ,rascher became associated with the ,ahnenerbe in ,march #aidb1 and during the entire time covered by the period of the high-altitude experiments1 ,rascher was attached to the ,ahnenerbe and performed the high-altitude experiments with its assistance4 ,on #bj ,july #aidb1 when the final report on high-altitude experiments was submitted to ,himmler1 ,rascher's name appeared on the letterhead of the ,ahnenerbe ,institute for ,military ,scientific ,research as shown by the cover letter1 and the inclosed report bore the statement that the experiments had been carried out in conjunction with the research and instruction association 8,das ,ahnenerbe04 ,sievers had actual knowledge of the criminal aspects of the ,rascher experiments4 ,he was notified that ,dachau inmates were to be used4 ,he himself inspected the experiments4 ,sievers admitted that ,rascher told him that several died as a result of the high-altitude experiments4 ,under these facts ,sievers is specially chargeable with the criminal aspects of these experiments4 ,,freezing ,,experiments ,before the high-altitude experiments had actually been completed1 freezing experiments were ordered to be performed at ,dachau4 ,they were conducted from ,august #aidb to the early part of #aidc by ,holzloehner1 ,finke and ,rascher1 all of whom were officers in the ,medical ,services of the ,luftwaffe4 ,details of the freezing experiments have been given elsewhere in this judgment4 ,in ,may #aidc ,rascher was transferred to the ,waffen ,,ss and then proceeded alone to conduct freezing experiments in ,dachau until ,may #aide4 ,rascher advised the defendant ,rudolf ,brandt that ,poles and ,russians had been used as subjects4 ,the witness ,neff testified that the defendant ,sievers visited the experimental station quite frequently during the freezing experiments4 ,he testified further that in ,september #aidb he received orders to take the hearts and lungs of #e experimental subjects killed in the experiments to ,professor ,hirt in ,strasbourg for further scientific study2 that the travel warrant for the trip was made out by ,sievers2 and that the ,ahnenerbe ,society paid the expenses for the transfer of the bodies4 ,one of the #e experimental subjects killed was a ,dutch citizen4 ,neff's testimony is corroborated in large part by the affidavits of the defendants ,rudolf ,brandt and ,becker-,freyseng1 by the testimony of the witnesses ,lutz1 ,michalowsky and ,vieweg1 and by the documentary evidence in the record4 ,in the ,sievers' diary1 there are numerous instances of ,sievers' activities in the aid of ,rascher4 ,on #a ,february #aidc ,sievers noted efforts in obtaining apparatus1 implements and chemicals for ,rascher's experiments4 ,on #f and #ba ,january #aidd ,sievers noted the problem of location4 ,rascher reported to ,sievers periodically concerning the status and details of the freezing experiments4 ,it is plain from the record that the relationship of ,sievers and ,rascher in the performance of freezing experiments required ,sievers to make the preliminary arrangements for the performance of the experiments to familiarize himself with the progress of the experiments by personal inspection1 to furnish necessary equipment and material1 including human beings used during the freezing experiments1 to receive and make progress reports concerning ,rascher1 and to handle the matter of evaluation and publication of such reports4 ,basically1 such activities constituted a performance of his duties as defined by ,sievers in his letter of #bh ,january #aidc to ,rudolf ,brandt1 in which he stated that he smoothed the way for research workers and saw to it that ,himmler's orders were carried out4 ,under these facts ,sievers is chargeable with the criminal activities in these experiments4 ,,malaria ,,experiments ,details of these experiments are given elsewhere in this judgment4 ,these experiments were performed at ,dachau by ,schilling and ,ploetner4 ,the evidence shows that ,sievers had knowledge of the nature and purpose of these criminal enterprises and supported them in his official position4 ,,lost ,,gas ,,experiments ,these experiments were conducted in the ,natzweiler concentration camp under the supervision of ,professor ,hirt of the ,university of ,strasbourg4 ,the ,ahnenerbe ,society and the defendant ,sievers supported this research on behalf of the ,,ss4 ,the arrangement for the payment of the research subsidies of the ,ahnenerbe was made by ,sievers4 ,the defendant ,sievers participated in these experiments by actively collaborating with the defendants ,karl ,brandt and ,rudolf ,brandt and with ,hirt and his principal assistant1 ,dr4 ,wimmer4 ,the record shows that ,sievers was in correspondence with ,hirt at least as early as ,january #aidb1 and that he established contact between ,himmler and ,hirt4 ,in a letter of #aa ,september #aidb to ,gluecks1 ,sievers wrote that the necessary conditions existed in ,natzweiler 8for carrying out our military scientific research work04 ,he requested that ,gluecks issue the necessary authorization for ,hirt1 ,wimmer1 and ,kieselbach to enter ,natzweiler1 and that provision be made for their board and accommodations4 ,the letter also stated3 8,the experiments which are to be performed on prisoners are to be carried out in four rooms of an already existing medical barrack4 ,only slight changes in the construction of the building are required1 in particular the installation of the hood which can be produced with very little material4 ,in accordance with attached plan of the construction management at ,natzweiler1 ,i request that necessary orders be issued to same to carry out the reconstruction4 ,all the expenses arising out of our activity at ,natzweiler will be covered by this office40 ,in a memorandum of #c ,november #aidb to the defendant ,rudolf ,brandt1 ,sievers complained about certain difficulties which had arisen in ,natzweiler because of the lack of cooperation from the camp officials4 ,he seemed particularly outraged by the fact that the camp officials were asking that the experimental prisoners be paid for4 ,a portion of the memorandum follows3 8,when ,i think of our military research work conducted at the concentration camp ,dachau1 ,i must praise and call special attention to the generous and understanding way in which our work was furthered there and to the cooperation we were given4 ,payment of prisoners was never discussed4 ,it seems as if at ,natzweiler they are trying to make as much money as possible out of this matter4 ,we are not conducting these experiments1 as a matter of fact1 for the sake of some fixed scientific idea1 but to be of practical help to the armed forces and beyond that1 to the ,german people in a possible emergency40 ,brandt was requested to give his help in a comradely fashion in setting up the necessary conditions at ,natzweiler4 ,the defendant ,rudolf ,brandt replied to this memorandum on #c ,december #aidb and told ,sievers that he had had occasion to speak to ,pohl concerning these difficulties1 and that they would be remedied4 ,the testimony of the witness ,holl was that approximately #bbj inmates of ,russian1 ,polish1 ,czech1 and ,german nationality were experimented upon by ,hirt and his collaborators1 and that approximately #ej died4 ,none of the experimental subjects volunteered4 ,during the entire period of these experiments1 ,hirt was associated with the ,ahnenerbe ,society4 ,in early #aidd ,hirt and ,wimmer summarized their findings from the ,lost experiments in a report entitled 8,proposed ,treatment of ,poisoning ,caused by ,lost40 ,the report was described as from the ,institute for ,military ,scientific ,research1 ,department ,h of the ,ahnenerbe1 located at the ,strasbourg ,anatomical ,institute4 ,light1 medium1 and heavy injuries due to ,lost gas are mentioned4 ,sievers received several copies of this report4 ,on #ca ,march #aidd1 after ,karl ,brandt had received a ,fuehrer ,decree giving him broad powers in the field of chemical-warfare1 ,sievers informed ,brandt about ,hirt's work and gave him a copy of the report4 ,this is proved by ,sievers' letter to ,rudolf ,brandt on #aa ,april #aidd4 ,karl ,brandt admitted that the wording of the report made it clear that experiments had been conducted on human beings4 ,sievers testified that on #be ,january #aidc1 he went to ,natzweiler concentration camp and consulted with the camp authorities concerning the arrangements to be made for ,hirt's ,lost experiments4 ,these arrangements included the obtaining of laboratories and experimental subjects4 ,sievers testified that the ,lost experiments were harmful4 ,on the visit of #be ,january #aidc1 ,sievers saw ten persons who had been subjected to ,lost experiments and watched ,hirt change the bandages on one of the persons4 ,sievers testified that in ,march #aidc he asked ,hirt whether any of the experimental subjects had suffered harm from the experiments and was told by ,hirt that two of the experimental subjects had died due to other causes4 ,it is evident that ,sievers was criminally connected with these experiments4 ,,sea-,,water ,,experiments ,these experiments were conducted at ,dachau from ,july through ,september #aidd4 ,details of these experiments are explained elsewhere in the judgment4 ,the function of the ,ahnenerbe in the performance of sea-water experiments conducted at ,dachau from ,july through ,september #aidd was chiefly in connection with the furnishing of space and equipment for the experiments4 ,sievers made these necessary arrangements on behalf of the ,ahnenerbe4 ,as a result of ,schroeder's request to ,himmler through ,grawitz for permission to perform the sea-water experiments on inmates in ,dachau1 ,himmler directed on #h ,july #aidd that the experiments be made on gypsies and three other persons with other racial qualities as control subjects4 ,sievers was advised by ,himmler's office of the above authorization for experiments at the ,rascher station at ,dachau4 ,on #bg ,june #aidd1 ,rascher was replaced by ,ploetner as head of the ,ahnenerbe ,institute for ,military ,scientific ,research at ,dachau4 ,sievers1 on #bj ,july1 went to ,dachau and conferred with ,ploetner of the ,ahnenerbe ,institute and the defendant ,beiglboeck1 who was to perform the experiments1 concerning the execution of the sea-water experiments and the availability of working space for them4 ,sievers agreed to supply working space in ,ploetner's department and at the ,ahnenerbe ,entomological ,institute4 ,on #bf ,july #aidd1 ,sievers made a written report to ,grawitz concerning details of his conference at ,dachau4 ,sievers wrote that #dj experimental persons could be accommodated at 8our0 research station1 that the ,ahnenerbe would supply a laboratory1 and that ,dr4 ,ploetner would give his assistance1 help1 and advice to the ,luftwaffe physicians performing the experiments4 ,sievers also stated the number and assignment of the personnel to be employed1 estimating that the work would cover a period of three weeks and designated #bc ,july #aidd as the date of commencement1 provided that experimental persons were available and the camp commander had received the necessary order from ,himmler4 ,in conclusion1 ,sievers expressed his hope that the arrangements which he had made would permit a successful conduct of the experiments and requested that acknowledgment be made to ,himmler as a participant in the experiments4 ,in his testimony ,sievers admitted that he had written the above letter and had conferred with ,beiglboeck at ,dachau4 ,as the letter indicates1 ,sievers knew that concentration camp inmates were to be used4 ,sievers had knowledge of and criminally participated in sea-water experiments4 ,,typhus ,,experiments ,detailed description of these experiments is contained elsewhere in this judgment4 ,sievers participated in the criminal typhus experiments conducted by ,haagen on concentration camp inmates at ,natzweiler by making the necessary arrangements in connection with securing experimental subjects1 handling administrative problems incident to the experiments1 and by furnishing the ,ahnenerbe station with its equipment in ,natzweiler for their performance4 ,on #af ,august #aidc1 when ,haagen was preparing to transfer his typhus experiments from ,schirmeck to ,natzweiler1 he requested ,sievers to make available a hundred concentration camp inmates for his research4 ,this is seen from a letter of #cj ,september #aidc from ,sievers to ,haagen in which he states that he will be glad to assist1 and that he is accordingly contacting the proper source to have the 8desired personnel0 placed at ,haagen's disposal4 ,as a result of ,sievers' efforts1 a hundred inmates were shipped from ,auschwitz to ,natzweiler for ,haagen's experiments4 ,these were found to be unfit for experimentation because of their pitiful physical condition4 ,a second group of one hundred was then made available4 ,some of these were used by ,haagen as experimental subjects4 ,that the experiments were carried out in the ,ahnenerbe experimental station in ,natzweiler is proved by excerpts from monthly reports of the camp doctor in ,natzweiler4 ,a number of deaths occurred among non-,german experimental subjects as a direct result of the treatment to which they were subjected4 ,,polygal ,,experiments ,evidence has been introduced during the course of the trial to show that experiments to test the efficacy of a blood coagulant 8polygal0 were conducted on ,dachau inmates by ,rascher4 ,the ,sievers' diary shows that the defendant had knowledge of activities concerning the production of polygal1 and that he lent his support to the conduct of the experiments4 ,,jewish ,,skeleton ,,collection ,sievers is charged under the indictment with participation in the killing of #aab ,jews who were selected to complete a skeleton collection for the ,reich ,university of ,strasbourg4 ,responding to a request by the defendant ,rudolf ,brandt1 ,sievers submitted to him on #i ,february #aidb a report by ,dr4 ,hirt of the ,university of ,strasbourg on the desirability of securing a ,jewish skeleton collection4 ,in this report1 ,hirt advocated outright murder of 8,jewish ,bolshevik ,commissars0 for the procurement of such a collection4 ,on #bg ,february #aidb1 ,rudolf ,brandt informed ,sievers that ,himmler would support ,hirt's work and would place everything necessary at his disposal4 ,brandt asked ,sievers to inform ,hirt accordingly and to report again on the subject4 ,on #b ,november #aidb ,sievers requested ,brandt to make the necessary arrangements with the ,reich ,main ,security ,office for providing #aej ,jewish inmates from ,auschwitz to carry out this plan4 ,on #f ,november1 ,brandt informed ,adolf ,eichmann1 the ,chief of ,office ,,iv ,b_/#d 7,jewish ,affairs7 of the ,reich ,main ,security ,office to put everything at ,hirt's disposal which was necessary for the completion of the skeleton collection4 ,from ,sievers' letter to ,eichmann of #ba ,june #aidc1 it is apparent that ,,ss ,hauptsturmfuehrer ,beger1 a collaborator of the ,ahnenerbe ,society1 carried out the preliminary work for the assembling of the skeleton collection in the ,auschwitz concentration camp on #gi ,jews1 #cj ,jewesses1 #b ,poles1 and #d ,asiatics4 ,the corpses of the victims were sent in three shipments to the ,anatomical ,institute of ,hirt in the ,strasbourg ,university4 ,when the ,allied ,armies were threatening to overrun ,strasbourg early in ,september #aidd1 ,sievers dispatched to ,rudolf ,brandt the following teletype message3 8,subject3 ,collection of ,jewish ,skeletons4 8,in conformity with the proposal of #i ,february #aidb and with the consent of #bc ,february #aidb 99 99 99 ,,ss ,sturmbannfuehrer ,professor ,hirt planned the hitherto missing collection of skeletons4 ,due to the extent of the scientific work connected herewith1 the preparation of the skeletons is not yet concluded4 ,hirt asks with respect to the time needed for #hj specimens1 and in case the endangering of ,strasbourg has to be reckoned with1 how to proceed with the collection situated in the dissecting room of the anatomical institute4 ,he is able to carry out the maceration and thus render them irrecognizable4 ,then1 however1 part of the entire work would have been partly done in vain1 and it would be a great scientific loss for this unique collection1 because hominit casts could not be made afterwards4 ,the skeleton collection as such is not conspicuous4 ,viscera could be declared as remnants of corpses1 apparently left in the anatomical institute by the ,french and ordered to be cremated4 ,decision on the following proposals is requested3 8#a4 ,collection can be preserved4 8#b4 ,collection is to be partly dissolved4 8#c4 ,entire collection is to be dissolved4 8,sievers0 ,the pictures of the corpses and the dissecting rooms of the ,institute1 taken by the ,french authorities after the liberation of ,strasbourg1 point up the grim story of these deliberate murders to which ,sievers was a party4 ,sievers knew from the first moment he received ,hirt's report of #i ,february #aidb that mass murder was planned for the procurement of the skeleton collection4 ,nevertheless he actively collaborated in the project1 sent an employee of the ,ahnenerbe to make the preparatory selections in the concentration camp at ,auschwitz1 and provided for the transfer of the victims from ,auschwitz to ,natzweiler4 ,he made arrangements that the collection be destroyed4 ,sievers' guilt under this specification is shown without question4 ,sievers offers two purported defenses to the charges against him 7#a7 that he acted pursuant to superior orders2 7#b7 that he was a member of a resistance movement4 ,the first defense is wholly without merit4 ,there is nothing to show that in the commission of these ghastly crimes1 ,sievers acted entirely pursuant to orders4 ,true1 the basic policies or projects which he carried through were decided upon by his superiors1 but in the execution of the details ,sievers had an unlimited power of discretion4 ,the defendant says that in his position he could not have refused an assignment4 ,the fact remains that the record shows the case of several men who did1 and who have lived to tell about it4 ,sievers' second matter of defense is equally untenable4 ,in support of the defense1 ,sievers offered evidence by which he hoped to prove that as early as #aicc he became a member of a secret resistance movement which plotted to overthrow the ,nazi ,government and to assassinate ,hitler and ,himmler2 that as a leading member of the group1 ,sievers obtained the appointment as ,reich ,business ,manager of the ,ahnenerbe so that he could be close to ,himmler and observe his movements2 that in this position he became enmeshed in the revolting crimes1 the subject matter of this indictment2 that he remained as business manager upon advice of his resistance leader to gain vital information which would hasten the day of the overthrow of the ,nazi ,government and the liberation of the helpless peoples coming under its domination4 ,assuming all these things to be true1 we cannot see how they may be used as a defense for ,sievers4 ,the fact remains that murders were committed with cooperation of the ,ahnenerbe upon countless thousands of wretched concentration camp inmates who had not the slightest means of resistance4 ,sievers directed the program by which these murders were committed4 ,it certainly is not the law that a resistance worker can commit no crime1 and least of all1 against the very people he is supposed to be protecting4 ,,membership ,,in ,a ,,criminal ,,organization ,under count four of the indictment1 ,wolfram ,sievers is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,wolfram ,sievers became a member of the ,,ss in #aice and remained a member of that organization to the end of the war4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,wolfram ,sievers guilty under counts two1 three and four of the indictment4 ,,rose ,the defendant ,rose is charged under counts two and three of the indictment with special responsibility for1 and participation in ,typhus and ,epidemic ,jaundice ,experiments4 ,the latter charge has been abandoned by the prosecution4 ,evidence was offered concerning ,rose's criminal participation in malaria experiments at ,dachau1 although he was not named in the indictment as one of the defendants particularly charged with criminal responsibility in connection with malaria experiments4 ,questions presented by this situation will be discussed later4 ,the defendant ,rose is a physician of large experience1 for many years recognized as an expert in tropical diseases4 ,he studied medicine at the ,universities of ,berlin and ,breslau and was admitted to practice in the fall of #aiba4 ,after serving as interne in several medical institutes1 he received an appointment on the staff of the ,robert ,koch ,institute in ,berlin4 ,later he served on the staff of ,heidelberg ,university and for three years engaged in the private practice of medicine in ,heidelberg4 ,in #aibi he went to ,china1 where he remained until #aicf1 occupying important positions as medical adviser to the ,chinese ,government4 ,in #aicf he returned to ,germany and became head of the ,department for ,tropical ,medicine at the ,robert ,koch ,institute in ,berlin4 ,late in ,august #aici he joined the ,luftwaffe with the rank of first lieutenant in the ,medical ,corps4 ,in that service he was commissioned brigadier general in the reserve and continued on active duty until the end of the war4 ,he was consultant on hygiene and tropical medicine to the ,chief of the ,medical ,service of the ,luftwaffe4 ,from #aidd he was also consultant on the staff of defendant ,handloser and was medical adviser to ,dr4 ,conti in matters pertaining to tropical diseases4 ,during the war ,rose devoted practically all of his time to his duties as consultant to the ,chief of the ,medical ,service of the ,luftwaffe1 ,hippke1 and after #a ,january #aidd1 the defendant ,schroeder4 ,,malaria ,,experiments ,medical experiments in connection with malaria were carried on at ,dachau concentration camp from ,february #aidb until the end of the war4 ,these experiments were conducted under ,dr4 ,klaus ,schilling for the purpose of discovering a method of establishing immunity against malaria4 ,during the course of the experiments probably as many as #a1jjj inmates of the concentration camp were used as subjects of the experiments4 ,very many of these persons were nationals of countries other than ,germany who did not volunteer for the experiments4 ,by credible evidence it is established that approximately #cj of the experimental subjects died as a direct result of the experiments and that many more succumbed from causes directly following the experiments1 including non-,german nationals4 ,with reference to ,rose's participation in these experiments1 the record shows the following3 ,the defendant ,rose had been acquainted with ,schilling for a number of years1 having been his successor in a position once held by ,schilling in the ,robert ,koch ,institute4 ,under date #c ,february #aida1 ,rose1 writing to ,schilling1 then in ,italy1 referred to a letter received from ,schilling1 in which the latter requested 8malaria spleens0 7spleens taken from the bodies of persons who had died from malaria74 ,rose in reply asked for information concerning the exact nature of the material desired4 ,schilling wrote #d ,april #aidb from ,dachau to ,rose at ,berlin1 stating that he had inoculated a person intracutaneously with sporocoides from the salivary glands of a female anopheles which ,rose had sent him4 ,the letter continues3 8,for the second inoculation ,i miss the sporocoides material because ,i do not possess the #8,strain ,rose' in the anopheles yet4 ,if you could find it possible to send me in the next days a few anopheles infected with #8,strain ,rose' 7with the last consignment two out of ten mosquitoes were infected7 ,i would have the possibility to continue this experiment and ,i would naturally be very thankful to you for this new support of my work4 8,the mosquito breeding and the experiments proceed satisfactorily and ,i am working now on six tertiary strains40 ,the letter bears the handwritten endorsement 8finished #ag ,april #aidb4 ,l4 g4 ,,ro #ag_/d10 which evidence clearly reveals that ,rose had complied with ,schilling's request for material4 ,schilling again wrote ,rose from ,dachau malaria station #e ,july #aidc1 thanking ,rose for his letter and 8the consignment of atroparvus eggs40 ,the letter continues3 8,five percent of them brought on water went down and were therefore unfit for development2 the rest of them hatched almost #ajj percent4 8,thanks to your solicitude1 achieved again the completion of my breed4 8,despite this fact ,i accept with great pleasure your offer to send me your excess of eggs4 ,how did you dispatch this consignment8 ,the result could not have been any better6 8,please tell ,fraeulein ,lange1 who apparently takes care of her breed with greater skill and better success than the prisoner ,august1 my best thanks for her trouble4 8,again my sincere thanks to you60 ,the 8prisoner ,august0 mentioned in the letter was doubtless the witness ,august ,vieweg1 who testified before this ,tribunal concerning the malaria experiments4 ,rose wrote ,schilling #bg ,july #aidc in answer to the latter's letter of #e ,july #aidc1 stating he was glad the shipment of eggs had arrived in good order and had proved useful4 ,he also gave the information that another shipment of anopheles eggs would follow4 ,in the fall of #aidb ,rose was present at the 8,cold ,conference0 held at ,nuernberg and heard ,holzloehner deliver his lecture on the freezing experiments which had taken place at ,dachau4 ,rose testified that after the conference he talked with ,holzloehner1 who told him that the carrying out of physiological experiments on human beings imposed upon him a tremendous mental burden1 adding that he hoped he never would receive another order to conduct such experiments4 ,it is impossible to believe that during the years #aidb and #aidc ,rose was unaware of malaria experiments on human beings which were progressing at ,dachau under ,schilling1 or to credit ,rose with innocence of knowledge that the malaria research was not confined solely to vaccinations designed for the purpose of immunizing the persons vaccinated4 ,on the contrary1 it is clear that ,rose well knew that human beings were being used in the concentration camp as subjects for medical experimentation4 ,however1 no adjudication either of guilt or innocence will be entered against ,rose for criminal participation in these experiments for the following reason3 ,in preparing counts two and three of its indictment the prosecution elected to frame its pleading in such a manner as to charge all defendants with the commission of war crimes and crimes against humanity1 generally1 and at the same time to name in each sub-paragraph dealing with medical experiments only those defendants particularly charged with responsibility for each particular item4 ,in our view this constituted1 in effect1 a bill of particulars and was1 in essence1 a declaration to the defendants upon which they were entitled to rely in preparing their defenses1 that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items4 ,included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of ,rose does not appear4 ,we think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged4 ,this does not mean that the evidence adduced by the prosecution was inadmissible against the charges actually preferred against ,rose4 ,we think it had probative value as proof of the fact of ,rose's knowledge of human experimentation upon concentration camp inmates4 ,,typhus ,,experiments ,these experiments were carried out at ,buchenwald and ,natzweiler concentration camps1 over a period extending from #aidb to #aide1 in an attempt to procure a protective typhus vaccine4 ,in the experimental block at ,buchenwald1 with ,dr4 ,ding in charge1 inmates of the camp were infected with typhus for the purpose of procuring a continuing supply of fresh blood taken from persons suffering from typhus4 ,other inmates1 some previously immunized and some not1 were infected with typhus to demonstrate the efficacy of the vaccines4 ,full particulars of these experiments have been given elsewhere in the judgment4 ,rose visited ,buchenwald in company with ,gildemeister of the ,robert ,koch ,institute in the spring of #aidb4 ,at this time ,dr4 ,ding was absent1 suffering from typhus as the result of an accidental infection received while infecting his experimental subjects4 ,rose inspected the experimental block where he saw many persons suffering from typhus4 ,he passed through the wards and looked at the clinical records 8of 99 99 99 persons with severe cases in the control cases and 99 99 99 lighter cases among those vaccinated40 ,the ,ding diary1 under dates #ai ,august-#d ,september #aidb1 referring to use of vaccines for immunization1 states that #bj persons were inoculated with vaccine from ,bucharest1 with a note 8this vaccine was made available by ,professor ,rose1 who received it from ,navy ,doctor ,professor ,ruegge from ,bucharest40 ,rose denied that he had ever sent vaccine to ,mrugowsky or ,ding for use at ,buchenwald4 ,mrugowsky1 from ,berlin1 under date #af ,may #aidb1 wrote ,rose as follows3 8,dear ,professor3 8,the ,reich ,physician ,,ss and ,police has consented to the execution of experiments to test typhus vaccines4 ,may ,i therefore ask you to let me have the vaccines4 8,the other question which you raised1 as to whether the louse can be infected by a vaccinated typhus patient1 will also be dealt with4 ,in principle1 this also has been approved4 ,there are1 however1 still some difficulties at the moment about the practical execution1 since we have at present no facilities for breeding lice4 8,your suggestion to use ,olzscha has been passed on to the personnel department of the ,,ss medical office4 ,it will be given consideration in due course40 ,from a note on the letter1 it appears that ,rose was absent from ,berlin and was not expected to return until ,june4 ,the letter1 however1 refers to previous contact with ,rose and to some suggestions made by him which evidently concern medical experiments on human beings4 ,rose in effect admitted that he had forwarded the ,bucharest vaccine to be tested at ,buchenwald4 ,at a meeting of consulting physicians of the ,wehrmacht held in ,may #aidc1 ,ding made a report in which he described the typhus experiments he had been performing at ,buchenwald4 ,rose heard the report at the meeting and then and there objected strongly to the methods used by ,ding in conducting the experiments4 ,as may well be imagined1 this protest created considerable discussion among those present4 ,the ,ding diary shows that1 subsequent to this meeting1 experiments were conducted at ,buchenwald at the instigation of the defendant ,rose4 ,the entry under date of #h ,march #aidd1 which refers to 8typhus vaccine experimental series ,,viii01 appears as follows3 8,suggested by ,colonel ,m4 ,c4 of the ,air ,corps1 ,professor ,rose 7,oberstarzt71 the vaccine #8,kopenhagen' 7,ipsen-,murine-vaccine7 produced from mouse liver by the ,national ,serum ,institute in ,copenhagen was tested for its compatibility on humans4 #bj persons were vaccinated for immunization by intramuscular injection 99 99 994 #aj persons were contemplated for control and comparison4 #d of the #cj persons were eliminated before the start of the artificial injection because of intermittent sickness 99 99 994 ,the remaining experimental persons were infected on #af ,april #dd by subcutaneous injection of #a_/bj cc4 typhus sick fresh blood 99 99 994 ,the following fell sick3 #ag persons immunized3 #i medium1 #h seriously2 #i persons control3 #b medium1 #g seriously 99 99 994 #b ,june #dd3 ,the experimental series was concluded #ac ,june #dd3 ,chart and case history completed and sent to ,berlin4 #f deaths 7#c ,copenhagen7 7#c control74 ,dr4 ,ding40 ,when on the witness stand ,rose vigorously challenged the correctness of this entry in the ,ding diary and flatly denied that he had sent a ,copenhagen vaccine to ,mrugowsky or ,ding for use at ,buchenwald4 ,the prosecution met this challenge by offering in evidence a letter from ,rose to ,mrugowsky dated #b ,december #aidc1 in which ,rose stated that he had at his disposal a number of samples of a new murine virus typhus vaccine prepared from mice livers1 which in animal experiments had been much more effective than the vaccine prepared from the lungs of mice4 ,the letter continued3 8,to decide whether this first-rate murine vaccine should be used for protective vaccination of human beings against lice typhus1 it would be desirable to know if this vaccine showed in your and ,ding's experimental arrangement at ,buchenwald an effect similar to that of the classic virus vaccines4 8,would you be able to have such an experimental series carried out8 ,unfortunately ,i could not reach you over the phone4 ,considering the slowness of postal communications ,i would be grateful for an answer by telephone 99 99 9940 ,the letter shows on its face that it was forwarded by ,mrugowsky to ,ding1 who noted its receipt by him #ba ,february #aidd4 ,on cross-examination1 when ,rose was confronted with the letter he admitted its authorship1 and that he had asked that experiments be carried out by ,mrugowsky and ,ding at ,buchenwald4 ,the fact that ,rose contributed actively and materially to the ,mrugowsky-,ding experiments at ,buchenwald clearly appears from the evidence4 ,the evidence also shows that ,rose actively collaborated in the typhus experiments carried out by ,haagen at the ,natzweiler concentration camp for the benefit of the ,luftwaffe4 ,from the exhibits in the record1 it appears that ,rose and ,haagen corresponded during the month of ,june #aidc concerning the production of a vaccine for typhus4 ,under date #e ,june #aidc ,haagen wrote to ,rose amplifying a telephone conversation between the two and referring to a letter from a certain ,giroud with reference to a vaccine which had been used on rabbits4 ,a few days later ,rose replied1 thanking him for his letters of #d and #e ,june and for 8the prompt execution of my request40 ,the record makes it plain that by use of the phrase 8the prompt execution of my request0 was meant a request made by ,rose to the ,chief of the ,medical ,service of the ,wehrmacht for an order to produce typhus vaccine to be used by the armed forces in the eastern area4 ,under date #d ,october #aidc ,haagen again wrote ,rose concerning his plans for vaccine production1 making reference in the letter to a report made by ,rose on the ,ipsen vaccine4 ,haagen stated that he had already reported to ,rose on the results of experiments with human beings and expressed his regret that1 up to the date of the letter1 he had been unable to 8perform infection experiments on the vaccinated persons40 ,he also stated that he had requested the ,ahnenerbe to provide suitable persons for vaccination but had received no answer2 that he was then vaccinating other human beings and would report results later4 ,he concluded by expressing the wish and need for experimental subjects upon whom to test vaccinations1 and suggested that when subjects were procured1 parallel tests should be made between the vaccine referred to in the letter and the ,ipsen tests4 ,we think the only reasonable inference which can be drawn from this letter is that ,haagen was proposing to test the efficacy of the vaccinations which he had completed1 which could only be accomplished by infecting the vaccinated subjects with a virulent pathogenic virus4 ,in a letter written by ,rose and dated 8in the field1 #bi ,september #aidc01 directed to the ,behring ,works at ,marburg_/,lahn1 ,rose states that he is enclosing a memorandum regarding reports by ,dr4 ,ipsen on his experience in the production of typhus vaccine4 ,copy of the report which ,rose enclosed is in evidence1 ,rose stating therein that he had proposed1 and ,ipsen had promised1 that a number of ,ipsen's liver vaccine samples should be sent to ,rose with the object of testing its protective efficacy on human beings whose lives were in special danger4 ,copies of this report were forwarded by ,rose to several institutions1 including that presided over by ,haagen4 ,in ,november #aidc1 #ajj prisoners were transported to ,natzweiler1 of whom #ah had died during the journey4 ,the remainder were in such poor health that ,haagen found them worthless for his experiments and requested additional healthy prisoners through ,dr4 ,hirt1 who was a member of the ,ahnenerbe4 ,rose wrote to ,haagen #ac ,december #aidc1 saying among other things 8,i request that in procuring persons for vaccination in your experiment1 you request a corresponding number of persons for vaccination with ,copenhagen vaccine4 ,this has the advantage1 as also appeared in the ,buchenwald experiments1 that the test of various vaccines simultaneously gives a clearer idea of their value than the test of one vaccine alone40 ,there is much other evidence connecting ,rose with the series of experiments conducted by ,haagen but we shall not burden the judgment further4 ,it will be sufficient to say that the evidence proves conclusively that ,rose was directly connected with the criminal experiments conducted by ,haagen4 ,doubtless at the outset of the experimental program launched in the concentration camps1 ,rose may have voiced some vigorous opposition4 ,in the end1 however1 he overcame what scruples he had and knowingly took an active and consenting part in the program4 ,he attempts to justify his actions on the ground that a state may validly order experiments to be carried out on persons condemned to death without regard to the fact that such persons may refuse to consent to submit themselves as experimental subjects4 ,this defense entirely misses the point of the dominant issue4 ,as we have pointed out in the case of ,gebhardt1 whatever may be the condition of the law with reference to medical experiments conducted by or through a state upon its own citizens1 such a thing will not be sanctioned in international law when practiced upon citizens or subjects of an occupied territory4 ,we have indulged every presumption in favor of the defendant1 but his position lacks substance in the face of the overwhelming evidence against him4 ,his own consciousness of turpitude is clearly disclosed by the statement made by him at the close of a vigorous cross-examination in the following language3 8,it was known to me that such experiments had earlier been carried out1 although ,i basically objected to these experiments4 ,this institution had been set up in ,germany and was approved by the state and covered by the state4 ,at that moment ,i was in a position which perhaps corresponds to a lawyer who is1 perhaps1 a basic opponent of execution or death sentence4 ,on occasion when he is dealing with leading members of the government1 or with lawyers during public congresses or meetings1 he will do everything in his power to maintain his opinion on the subject and have it put into effect4 ,if1 however1 he does not succeed1 he stays in his profession and in his environment in spite of this4 ,under circumstances he may perhaps even be forced to pronounce such a death sentence himself1 although he is basically an opponent of that set-up40 ,the ,tribunal finds that the defendant ,rose was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving medical experiments on non-,german nationals without their consent1 in the course of which murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts were committed4 ,to the extent that these crimes were not war crimes they were crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,gerhard ,rose guilty under counts two and three of the indictment4 ,,ruff1 ,,romberg1 ,,and ,,weltz ,the defendants ,ruff1 ,romberg1 and ,weltz are charged under counts two and three of the indictment with special responsibility for1 and participation in1 ,high-,altitude ,experiments4 ,the defendant ,weltz is also charged under counts two and three with special responsibility for1 and participation in1 ,freezing ,experiments4 ,to the extent that the evidence in the record relates to the high-altitude experiments1 the cases of the three defendants will be considered together4 ,defendant ,ruff specialized in the field of aviation medicine from the completion of his medical education at ,berlin and ,bonn in #aicb4 ,in ,january #aicd he was assigned to the ,german ,experimental ,institute for ,aviation1 a civilian agency1 in order to establish a department for aviation medicine4 ,later he became chief of the department4 ,defendant ,romberg joined the ,,nsdap in ,may #aicc4 ,from ,april #aicf until #aich he interned as an assistant physician at a ,berlin hospital4 ,on #a ,january #aich he joined the staff of the ,german ,experimental ,institution for ,aviation as an associate assistant to the defendant ,ruff4 ,he remained as a subordinate to ,ruff until the end of the war4 ,defendant ,weltz for many years was a specialist in ,x-ray work4 ,in the year #aice he received an assignment as lecturer in the field of aviation medicine at the ,university of ,munich4 ,at the same time he instituted a small experimental department at the ,physiological ,institute of the ,university of ,munich4 ,weltz lectured at the ,university until #aide2 at the same time he did research work at the ,institute4 ,in the summer of #aida the experimental department at the ,physiological ,institute1 ,university of ,munich1 was taken over by the ,luftwaffe and renamed the 8,institute for ,aviation ,medicine in ,munich40 ,weltz was commissioned director of this ,institute by ,hippke1 then ,chief of the ,medical ,inspectorate of the ,luftwaffe4 ,in his capacity as director of this ,institute1 ,weltz was subordinated to ,luftgau ,no4 ,,vii in ,munich for disciplinary purposes4 ,in scientific matters he was subordinated directly to ,anthony1 ,chief of the ,department for ,aviation ,medicine in the ,office of the ,medical ,inspectorate of the ,luftwaffe4 ,,high-,,altitude ,,experiments ,the evidence is overwhelming and not contradicted that experiments involving the effect of low air pressure on living human beings were conducted at ,dachau from the latter part of ,february through ,may #aidb4 ,in some of these experiments great numbers of human subjects were killed under the most brutal and senseless conditions4 ,a certain ,dr4 ,sigmund ,rascher1 ,luftwaffe officer1 was the prime mover in the experiments which resulted in the deaths of the subjects4 ,the prosecution maintains that ,ruff1 ,romberg1 and ,weltz were criminally implicated in these experiments4 ,the guilt of the defendant ,weltz is said to arise by reason of the fact that1 according to the prosecution's theory1 ,weltz1 as the dominant figure proposed the experiments1 arranged for their conduct at ,dachau1 and brought the parties ,ruff1 ,romberg1 and ,rascher together4 ,the guilt of ,ruff and ,romberg is charged by reason of the fact that they are said to have collaborated with ,rascher in the conduct of the experiments4 ,the evidence on the details of the matter appears to be as follows3 ,in the late summer of #aida soon after the ,institute ,weltz at ,munich was taken over by the ,luftwaffe1 ,hippke1 ,chief of the ,medical ,service of the ,luftwaffe1 approved1 in principle1 a research assignment for ,weltz in connection with the problem of rescue of aviators at high altitudes4 ,this required the use of human experimental subjects4 ,weltz endeavored to secure volunteer subjects for the research from various sources2 however1 he was unsuccessful in his efforts4 ,rascher1 one of ,himmler's minor satellites1 was at the time an assistant at the ,institute4 ,he1 ,rascher1 suggested the possibility of securing ,himmler's consent to conducting the experiments at ,dachau4 ,weltz seized upon the suggestion1 and thereafter arrangements to that end were completed1 ,himmler giving his consent for experiments to be conducted on concentration camp inmates condemned to death1 but only upon express condition that ,rascher be included as one of the collaborators in the research4 ,rascher was not an expert in aviation medicine4 ,ruff was the leading ,german scientist in this field1 and ,romberg was his principal assistant4 ,weltz felt that before he could proceed with his research these men should be persuaded to come into the undertaking4 ,he visited ,ruff in ,berlin and explained the proposition4 ,thereafter ,ruff and ,romberg came to ,munich1 where a conference was held with ,weltz and ,rascher to discuss the technical nature of the proposed experiments4 ,according to the testimony of ,weltz1 ,ruff1 and ,romberg1 the basic consideration which impelled them to agree to the use of concentration camp inmates as subjects was the fact that the inmates were to be criminals condemned to death who were to receive some form of clemency in the event they survived the experiments4 ,rascher1 who was active in the conference1 assured the defendants that this also was one of the conditions under which ,himmler had authorized the use of camp inmates as experimental subjects4 ,the decisions reached at the conference were then made known to ,hippke1 who gave his approval to the institution of experiments at ,dachau and issued an order that a mobile low-pressure chamber which was then in the possession of ,ruff at the ,department for ,aviation ,medicine1 ,berlin1 should be transferred to ,dachau for use in the project4 ,a second meeting was held at ,dachau1 attended by ,ruff1 ,romberg1 ,weltz1 ,rascher1 and the camp commander1 to make the necessary arrangements for the conduct of the experiments4 ,the mobile low-pressure chamber was then brought to ,dachau1 and on #bb ,february #aidb the first series of experiments was instituted4 ,weltz was ,rascher's superior2 ,romberg was subordinate to ,ruff4 ,rascher and ,romberg were in personal charge of the conduct of the experiments4 ,there is no evidence to show that ,weltz was ever present at any of these experiments4 ,ruff visited ,dachau one day during the early part of the experiments1 but thereafter remained in ,berlin and received information concerning the progress of the experiments only through his subordinate1 ,romberg4 ,there is evidence from which it may reasonably be found that at the outset of the program personal friction developed between ,weltz and his subordinate ,rascher4 ,the testimony of ,weltz is that on several occasions he asked ,rascher for reports on the progress of the experiments and each time ,rascher told ,weltz that nothing had been started with reference to the research4 ,finally ,weltz ordered ,rascher to make a report2 whereupon ,rascher showed his superior a telegram from ,himmler which stated1 in substance1 that the experiments to be conducted by ,rascher were to be treated as top secret matter and that reports were to be given to none other than ,himmler4 ,because of this situation ,weltz had ,rascher transferred out of his command to the ,,dvl branch at ,dachau4 ,defendant ,romberg stated that these experiments had been stopped soon after their inception by the adjutant of the ,reich ,war ,ministry1 because of friction between ,weltz and ,rascher1 and that the experiments were resumed only after ,rascher had been transferred out of ,weltz ,institute4 ,while the evidence is convincingly plain that ,weltz participated in the initial arrangements for the experiments and brought all parties together1 it is not so clear that illegal experiments were planned or carried out while ,rascher was under ,weltz command1 or that he knew that experiments which ,rascher might conduct in the future would be illegal and criminal4 ,there appear to have been two distinct groups of prisoners used in the experimental series4 ,one was a group of #aj to #ae inmates known in the camp as 8exhibition patients0 or 8permanent experimental subjects04 ,most1 if not all1 of these were ,german nationals who were confined in the camp as criminal prisoners4 ,these men were housed together and were well-fed and reasonably contented4 ,none of them suffered death or injury as a result of the experiments4 ,the other group consisted of #aej to #bjj subjects picked at random from the camp and used in the experiments without their permission4 ,some #gj or #hj of these were killed during the course of the experiments4 ,the defendants ,ruff and ,romberg maintain that two separate and distinct experimental series were carried on at ,dachau2 one conducted by them with the use of the 8exhibition subjects01 relating to the problems of rescue at high altitudes1 in which no injuries occurred2 the other conducted by ,rascher on the large group of nonvolunteers picked from the camp at random1 to test the limits of human endurance at extremely high altitudes1 in which experimental subjects in large numbers were killed4 ,the prosecution submits that no such fine distinction may be drawn between the experiments said to have been conducted by ,ruff and ,romberg1 on the one hand1 and ,rascher on the other1 or in the prisoners who were used as the subjects of these experiments2 that ,romberg--and ,ruff as his superior--share equal guilt with ,rascher for all experiments in which deaths to the human subjects resulted4 ,in support of this submission the members of the prosecution cite the fact that ,rascher was always present when ,romberg was engaged in work at the altitude chamber2 that on at least three occasions ,romberg was at the chamber when deaths occurred to the so-called ,rascher subjects1 yet elected to continue the experiments4 ,they point likewise to the fact that1 in a secret preliminary report made by ,rascher to ,himmler which tells of deaths1 ,rascher mentions the name of ,romberg as being a collaborator in the research4 ,finally they point to the fact that1 after the experiments were concluded1 ,romberg was recommended by ,rascher and ,sievers for the ,war ,merit ,cross1 because of the work done by him at ,dachau4 ,the issue on the question of the guilt or innocence of these defendants is close2 we would be less than fair were we not to concede this fact4 ,it cannot be denied that there is much in the record to create at least a grave suspicion that the defendants ,ruff and ,romberg were implicated in criminal experiments at ,dachau4 ,however1 virtually all of the evidence which points in this direction is circumstantial in its nature4 ,on the other hand1 it cannot be gainsaid that there is a certain consistency1 a certain logic1 in the story told by the defendants4 ,and some of the story is corroborated in significant particulars by evidence offered by the prosecution4 ,the value of circumstantial evidence depends upon the conclusive nature and tendency of the circumstances relied on to establish any controverted fact4 ,the circumstances must not only be consistent with guilt1 but they must be inconsistent with innocence4 ,such evidence is insufficient when1 assuming all to be true which the evidence tends to prove1 some other reasonable hypothesis of innocence may still be true2 for it is the actual exclusion of every other reasonable hypothesis but that of guilt which invests mere circumstances with the force of proof4 ,therefore1 before a court will be warranted in finding a defendant guilty on circumstantial evidence alone1 the evidence must show such a well-connected and unbroken chain of circumstances as to exclude all other reasonable hypotheses but that of the guilt of the defendant4 ,what circumstances can amount to proof can never be a matter of general definition4 ,in the final analysis the legal test is whether the evidence is sufficient to satisfy beyond a reasonable doubt the understanding and conscience of those who1 under their solemn oaths as officers1 must assume the responsibility for finding the facts4 ,on this particular specification1 it is the conviction of the ,tribunal that the defendants ,ruff1 ,romberg1 and ,weltz must be found not guilty4 ,,freezing ,,experiments ,in addition to the high-altitude experiments1 the defendant ,weltz is charged with freezing experiments1 likewise conducted at ,dachau for the benefit of the ,german ,luftwaffe4 ,these began at the camp at the conclusion of the high-altitude experiments and were performed by ,holzloehner1 ,finke1 and ,rascher1 all of whom were officers in the medical services of the ,luftwaffe4 ,non-,german nationals were killed in these experiments4 ,we think it quite probable that ,weltz had knowledge of these experiments1 but the evidence is not sufficient to prove that he participated in them4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,siegfried ,ruff is not guilty under either counts two or three of the indictment1 and directs that he be released from custody under the indictment when this ,tribunal presently adjourns2 and ,military ,tribunal ,i finds and adjudges that the defendant ,hans ,wolfgang ,romberg is not guilty under either counts two or three of the indictment1 and directs that he be released from custody under the indictment when this ,tribunal presently adjourns2 and ,military ,tribunal ,i finds and adjudges that the defendant ,georg ,august ,weltz is not guilty under either counts two or three of the indictment2 and directs that he be released from custody under the indictment when this ,tribunal presently adjourns4 ,,brack ,the defendant ,brack is charged under counts two and three of the indictment with personal responsibility for1 and participation in1 ,sterilization ,experiments and the ,euthanasia ,program of the ,german ,reich4 ,under count four the defendant is charged with membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the defendant ,brack enlisted in an artillery unit of an ,,sa regiment in #aibc1 and became a member of the ,,nsdap and the ,,ss in #aibi4 ,throughout his career in the ,party he was quite active in high official circles4 ,he entered upon full-time service in the ,braune ,haus1 the ,nazi headquarters at ,munich1 in the summer of #aicb4 ,the following year he was appointed to the ,staff of ,bouhler1 business manager of the ,,nsdap in ,munich4 ,when in #aicd ,bouhler became ,chief of the ,chancellery of the ,fuehrer of the ,,nsdap1 ,brack was transferred from the ,braune ,haus to ,bouhler's ,berlin office4 ,in #aicf ,brack was placed in charge of office #b 7,amt #b7 in the ,chancellery of the ,fuehrer in ,berlin1 that office being charged with the examinations of complaints received by the ,fuehrer from all parts of ,germany4 ,later1 he became ,bouhler's deputy in office #b4 ,as such he frequently journeyed to the different ,gaue for the purpose of gaining first-hand information concerning matters in which ,bouhler was interested4 ,brack was promoted to the rank of ,sturmbannfuehrer in the ,,ss in #aice1 and in ,april #aicf to the rank of ,obersturmbannfuehrer4 ,the following ,september he became a ,standartenfuehrer in the ,,ss1 and was transferred to the staff of the ,main ,office of the ,,ss in ,november4 ,in ,november #aidj he was promoted to the grade of ,oberfuehrer4 ,in #aidb ,brack joined the ,waffen ,,ss1 and during the late summer of that year was ordered to active duty with a ,waffen ,,ss division4 ,he apparently remained on active duty until the close of the war4 ,,sterilization ,,experiments ,the persecution of the ,jews had become a fixed ,nazi policy very soon after the outbreak of ,world ,war ,,ii4 ,by #aida that persecution had reached the stage of the extermination of ,jews1 both in ,germany and in the occupied territories4 ,this fact is confirmed by ,brack himself1 who testified that he had been told by ,himmler that he1 ,himmler1 had received a personal order to that effect from ,hitler4 ,the record shows that the agencies organized for the so-called euthanasia of incurables were used for this bloody pogrom4 ,later1 because of the urgent need for laborers in ,germany1 it was decided not to kill ,jews who were able to work but1 as an alternative1 to sterilize them4 ,with this end in view ,himmler instructed ,brack to inquire of physicians who were engaged in the ,euthanasia ,program about the possibility of a method of sterilizing persons without the victim's knowledge4 ,brack worked on the assignment1 with the result that in ,march #aida he forwarded to ,himmler his signed report on the results of experiments concerning the sterilization of human beings by means of ,x-rays4 ,in the report a method was suggested by which sterilization with ,x-ray could be effected on groups of persons without their being aware of the operation4 ,on #bc ,june #aidb ,brack wrote the following letter to ,himmler3 8,dear ,reichsfuehrer3 899 99 99 ,among #aj millions of ,jews in ,europe1 there are1 ,i figure1 at least #b-c millions of men and women who are fit enough to work4 ,considering the extraordinary difficulties the labor problem presents us with ,i hold the view that those #b-c millions should be specially selected and preserved4 ,this can however only be done if at the same time they are rendered incapable to propagate4 ,about a year ago ,i reported to you that agents of mine have completed the experiments necessary for this purpose4 ,i would like to recall these facts once more4 ,sterilization1 as normally performed on persons with hereditary diseases is here out of the question1 because it takes too long and is too expensive4 ,castration by ,x-ray however is not only relatively cheap1 but can also be performed on many thousands in the shortest time4 ,i think1 that at this time it is already irrelevant whether the people in question become aware of having been castrated after some weeks or months1 once they feel the effects4 8,should you1 ,reichsfuehrer1 decide to choose this way in the interest of the preservation of labor1 then ,reichsleiter ,bouhler would be prepared to place all physicians and other personnel needed for this work at your disposal4 ,likewise he requested me to inform you that then ,i would have to order the apparatus so urgently needed with the greatest speed4 8,heil ,hitler6 8,yours 8,,viktor ,,brack40 ,brack testified from the witness stand that at the time he wrote this letter he had every confidence that ,germany would win the war4 ,brack's letter was answered by ,himmler on #aa ,august #aidb4 ,in the reply ,himmler directed that sterilization by means of ,x-rays be tried in at least one concentration camp in a series of experiments1 and that ,brack place at his disposal expert physicians to conduct the operation4 ,blankenburg1 ,brack's deputy1 replied to ,himmler's letter and stated that ,brack had been transferred to an ,,ss division1 but that he1 ,blankenburg1 as ,brack's permanent deputy would 8immediately take the necessary measures and get in touch with the chiefs of the main offices of the concentration camps40 ,a ,polish ,jew testified before the ,tribunal that while confined in ,auschwitz concentration camp he was marched to ,birkenau and forcibly subjected to severe ,x-ray exposure and was castrated later in order that the effects of the ,x-ray could be studied4 ,a ,french physician of ,jewish descent who was confined at ,auschwitz from ,september #aidc to ,january #aide1 testified that near ,auschwitz was ,birkenau camp where people were sterilized by ,,ss doctors4 ,about #ajj male ,poles who had been sterilized at ,birkenau were attended by the witness after the operation4 ,later this group was castrated by the camp physicians4 ,the record contains other evidence from which it is manifestly plain that sterilization by means of ,x-rays was attempted on groups of persons who were painfully injured thereby2 and that castration followed the ,x-ray procedures4 ,brack's part in the organization of the sterilization program with full knowledge that it would be put into execution1 is conclusively shown by the record4 ,,euthanasia ,,program ,the ,euthanasia ,program1 which was put into effect by a secret decree of ,hitler on the day that ,germany invaded ,poland1 has been discussed at length in the judgment in the case against ,karl ,brandt4 ,brack contends that he was basically opposed to this program and that1 on occasion1 he assisted certain of his ,jewish friends to escape from its consequences4 ,but be that as it may1 the evidence is that whatever sentiments ,brack may have entertained toward individual members of the race1 he was perfectly willing to and did act as an important administrator in furthering the ,euthanasia ,program4 ,after it had gotten under way1 he wrote letters to various public officials1 explaining to them how to keep the matter secret and to allay the public sentiment against the program4 ,this much is shown by ,brack's own statements4 ,as a witness on the stand he testified that while at first he did not understand the full import of the program1 he decided1 after a talk with ,bouhler1 to collaborate in carrying out the assignment and to execute ,bouhler's orders4 ,he participated in the initial meetings called for the purpose of placing the project in operation4 ,he was present at meetings of the experts1 as well as the administrative discussions4 ,he often acted as ,bouhler's representative1 frequently making decisions which called for the exercise of personal judgment and a wide latitude of discretion4 ,brack admitted that such were his activities in the program1 that one might well have come to the conclusion that he was the influential man in euthanasia4 ,as ,bouhler's deputy he addressed a meeting at ,munich1 where he explained the purpose of ,hitler's decree and mentioned the draft of a law which was being prepared to give complete legislative sanctify to euthanasia--a law1 incidentally1 which was never in fact enacted4 ,he represented ,bouhler in ,april of #aida at a meeting attended by ,nazi judges and prosecutors4 ,he testified that the ,ministry of ,justice had become considerably embarrassed because of the ,euthanasia ,program1 and that he was present at the meeting for the purpose of imparting information concerning the salutary features of euthanasia to those who were present4 ,brack gave the ,tribunal considerable information concerning the method of extermination by euthanasia1 stating that the program was so designed as to render the process inconspicuous and painless4 ,in ,december #aici1 or ,january #aidj1 ,brack1 ,bouhler1 ,conti1 and some other doctors were present at the administration of euthanasia to four experimental subjects4 ,the victims were led into a gas chamber which had been built to resemble a shower room4 ,the patients were seated on benches and poisonous gas was let into the chamber4 ,a few moments later the patients became drowsy and finally lapsed into a death sleep without even knowing they were being executed4 ,on the basis of this execution 8,hitler decided that only carbon monoxide was to be used for killing the patients40 ,according to ,brack these persons were not ,jews1 because1 as ,bouhler had explained to him1 8the philanthropic action of euthanasia should be extended only to ,germans40 ,the evidence is plain that the euthanasia program explained by the defendant1 gradually merged into the 8,action #ad f #ac10 which1 briefly stated1 amounted to an extermination of concentration camp inmates by methods and agencies used in euthanasia4 ,one of the prime motives behind the program was to eliminate 8useless eaters0 from the scene1 in order to conserve food1 hospital facilities1 doctors and nurses for the more important use of the ,german ,armed ,forces4 ,many nationals of countries other than ,germany were killed4 ,brack's direct connection with and participation in the execution of euthanasia is conclusively proved by the evidence in the record4 ,,membership ,,in ,a ,,criminal ,,organization ,under count four of the indictment the defendant ,brack is charged with being a member of the organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,brack became a member of the ,,ss in #aibi1 and voluntarily remained in that organization until the end of the war4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,viktor ,brack guilty under counts two1 three and four of the indictment4 ,,becker-,,freyseng ,the defendant ,becker-,freyseng is charged under counts two and three of the indictment with personal responsibility for1 and participation in1 ,high-,altitude1 ,freezing1 ,sulfanilamide1 ,sea-,water1 ,epidemic ,jaundice1 and ,typhus ,experiments4 ,the prosecution has abandoned all charges except as to high-altitude1 freezing1 sea-water and typhus experiments1 and hence only these will be considered4 ,the defendant ,becker-,freyseng joined the ,nazi ,party in #aicc4 ,in #aidj he was drafted into the ,luftwaffe4 ,in #aidc he was promoted to the rank of ,stabsarzt in the ,luftwaffe4 ,from ,august #aida until ,may #aidd the defendant was an assistant consultant to ,anthony1 ,chief of the ,referat for ,aviation ,medicine1 ,berlin4 ,this department dealt with all questions concerning aviation medicine and reported to the ,chief of the ,medical ,service of the ,luftwaffe4 ,when ,schroeder became ,chief of the ,medical ,service of the ,luftwaffe on #a ,january #aidd1 the defendant became the consultant for aviation medicine in ,schroeder's office4 ,,high-,,altitude ,,experiments ,as shown elsewhere in the judgment1 high-altitude experiments for the benefit of the ,luftwaffe were conducted at ,dachau concentration camp on non-,german nationals1 beginning in ,february or ,march #aidb4 ,these experiments had been approved1 in principle at least1 by ,hippke1 ,chief of the ,medical ,service of the ,luftwaffe4 ,a mobile low-pressure chamber which had been in the possession of the department of aviation medicine1 ,berlin1 was transferred to ,dachau for use in the experiments4 ,concentration camp inmates were killed while being subjected to experiments conducted in the chamber4 ,during the time the experiments were conducted1 defendant ,becker-,freyseng was an assistant consultant to ,anthony1 ,chief of the ,referat for ,aviation ,medicine1 ,berlin4 ,all low-pressure chambers owned by the ,luftwaffe were under the general control of that office4 ,it is submitted by the prosecution that the record shows that ,becker-,freyseng was a principal in1 accessory to1 aided1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving the commission of these experiments4 ,the evidence upon this charge is not deemed sufficient to preponderate against a reasonable doubt as to the defendant's guilty participation in the experiments here involved4 ,,freezing ,,experiments ,it is claimed that in ,june #aidb ,becker-,freyseng was informed from certain of his official files that a meeting to consider experiments to investigate the treatment of persons who had been severely chilled or frozen would be held in ,nuernberg the following ,october 7referred to as the 8,cold ,congress074 ,it is contended that the directive which set the experiment into motion was issued from the office of the department for aviation medicine1 that the funds and equipment were supplied by that office1 and that ,becker-,freyseng had knowledge of the experiments1 and that he admitted such knowledge4 ,as to all this1 the proof is clear that ,becker-,freyseng was actively employed in organizing and was present at the so-called 8,cold ,congress40 ,but more than the evidence discloses is needed to establish that he had any later part in or connection with the experiments themselves1 or that he had any controlling relationship to their initial establishment4 ,,typhus ,,experiments ,the evidence is insufficient to disclose any criminal responsibility of the defendant ,becker-,freyseng in connection with the typhus experiments4 ,,sea-,,water ,,experiments ,we have discussed the sea-water experiments in that portion of our judgment which deals with the case of the defendant ,schroeder4 ,as was pointed out there1 two methods of making sea water drinkable were available to the ,luftwaffe4 ,one1 the so-called ,schaefer method1 had been chemically tested and apparently produced potable sea water2 the other1 the so-called ,berka process1 which changed the taste of the sea water but did not reduce the salt content4 ,becker-,freyseng1 as chief consultant for aviation medicine in the office of ,schroeder1 arranged for a conference to be held in ,may #aidd to discuss the testing of these two methods4 ,at the conference the defendant reported on various clinical experiments which had been conducted by a certain von ,sirany to test the ,berka process4 ,he came to the conclusion that the experiments had not been conducted under sufficiently realistic conditions of sea distress to make the findings conclusive4 ,as a result of the conference it was decided that new experiments should be conducted4 ,we learn from the report of the meeting1 which is in evidence1 that two series of experiments were to be conducted4 ,the first1 a maximum period of six days1 during which one group of subjects would receive sea water processed with the ,berka method2 a second group1 ordinary drinking water2 a third group no water at all2 and the fourth group1 such water as would be available in the emergency sea distress kits then used4 ,during the duration of the experiment all persons were to receive only an emergency sea diet1 such as provided for persons in distress at sea4 ,in addition to the #f-;day experiment it was determined that a #ab-;day experiment should be run4 ,the plan for this series reads as follows3 8,persons nourished with sea water and ,berkatit1 and as diet also the emergency sea rations4 8,duration of experiments3 #ab days4 8,since in the opinion of the ,chief of the ,medical ,service permanent injuries to health1 that is the death of the experimental subjects1 has to be expected1 as experimental subjects such persons should be used as will be put at the disposal by the ,reichsfuehrer ,,ss40 ,by letter dated #g ,june #aidd ,schroeder requested the ,reichsfuehrer ,,ss to allow him to use concentration camp inmates for the sea-water experiments4 ,the letter stated among other things the following3 8,as the experiments on human beings could thus far only be carried out for a period of four days1 and as practical demands require a remedy for those who are in distress at sea up to #ab days1 appropriate experiments are necessary4 8,required are #dj healthy test subjects1 who must be available for #d whole weeks4 ,as it is known from previous experiments that necessary laboratories exist in the concentration camp ,dachau1 this camp would be very suitable 99 99 9940 ,when on the stand as a witness1 the defendant ,becker-,freyseng admitted that he prepared the substance of the letter for ,schroeder's dictation and signature4 ,thus with actual knowledge of the nature of the ,berka process1 and the fact that if used over prolonged periods it would cause suffering and death1 ,becker-,freyseng counselled and conferred with his chief concerning the necessity for experiments wherein the process would be used4 ,he gave advice upon the exact procedure to be used in the #f-;day and #ab-;day experimental series4 ,he framed the letter to ,himmler requesting the use of concentration camp inmates at ,dachau for experimental subjects4 ,he called the defendant ,beiglboeck to ,berlin to explain to him the details and purpose of the experiments4 ,he issued the order under which ,beiglboeck went to ,dachau to begin the experiments4 ,he received ,beiglboeck's report after the experimental series had been concluded4 ,throughout all stages of the affair1 from its inception to its conclusion1 the defendant knew of the dangerous nature of the experiments4 ,he knew that deaths were reasonably to be expected4 ,he knew that concentration camp inmates were to be used as experimental subjects4 ,it is impossible to believe that he supposed that the inmates of the camps1 who were to be furnished by ,himmler1 were to be volunteers4 ,the entire language of the letter1 which was written to ,himmler asking for experimental subjects1 entirely refutes such implication4 ,the evidence shows conclusively that gypsies of various nationalities were used as experimental subjects4 ,they were former inmates of ,auschwitz who had been tricked into coming to ,dachau under the promise that they were to be used in a special labor battalion4 ,when they arrived at ,dachau they were detailed to the sea-water experiments without their voluntary consent being asked or given4 ,during the course of the experiment many of the experimental subjects were treated brutally and endured much pain and suffering4 ,it is apparent from the evidence that ,becker-,freyseng was criminally connected with the experiments1 and that the experiments were essentially criminal in their nature4 ,to the extent that the crimes committed by him or under his authority were not war crimes1 they were crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,hermann ,becker-,freyseng guilty under counts two and three of the indictment4 ,,schaefer ,the defendant ,schaefer is charged under counts two and three of the indictment with personal responsibility for and participation in ,sea-,water ,experiments4 ,konrad ,schaefer was a scientist whose special field of research was chemical therapy4 ,in ,november #aida he was drafted into the ,luftwaffe4 ,in spring of the following year he was transferred to the ,luftwaffe ,replacement ,depot in ,salow1 and from there to the ,luftwaffe base at ,frankfurt on the ,oder4 ,in summer of #aidb he was transferred to ,berlin and assigned to the staff of the ,research ,institute for ,aviation ,medicine4 ,his chief assignment at the ,institute was to do research on the problem of sea emergency for the ,luftwaffe4 ,this included research work on various methods to render sea water potable4 ,schaefer remained in his position at the ,institute without ever having attained officer rank4 ,in ,may of #aidd the defendant was ordered to be present at a meeting to be held at the ,german ,air ,ministry in ,berlin1 called to consider further research on making sea water potable4 ,some months previous to the meeting ,schaefer had developed a process which actually precipitated the salts from sea water1 but it was thought by the ,chief of the ,luftwaffe ,medical ,service to be too bulky and expensive for military use by the ,luftwaffe4 ,present at the meeting were ,schaefer2 ,becker-,freyseng1 research advisor to ,schroeder2 ,christensen1 of the ,technical ,bureau of the ,reich ,ministry of ,aviation2 and others4 ,the subject of discussion was the feasibility of using the ,schaefer process1 or of turning to another process known as the ,berka ,method4 ,the latter method1 while cheap1 did not precipitate salts from sea water and was dangerous to health when used for a period of time--as ,schaefer1 previous to the meeting1 had already reported to ,schroeder4 ,nevertheless1 those in command of the meeting agreed that experiments should be conducted on concentration camp inmates to determine the extent to which the ,berka method might be usable4 ,the experiments later conducted have been described at length in dealing with the case of ,schroeder4 ,due to his attendance at this meeting1 ,schaefer is sought to be held criminally responsible in connection with the sea-water experiments4 ,the record has received careful attention from the ,tribunal4 ,nowhere have we been able to find that ,schaefer was a principal in1 or accessory to1 or was otherwise criminally involved in or connected with the experiments mentioned4 ,in fact1 the record fails to show that the defendant had anything to do with these experiments1 except such as might be implied from his attendance at several meetings of the parties who were actively interested therein4 ,nowhere in the testimony or elsewhere is it revealed that ,schaefer voted for commencement or prosecution of the experiments or in any other manner aided in their execution4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,konrad ,schaefer not guilty of the charges contained in the indictment1 and directs that he be released from custody under the indictment when the ,tribunal presently adjourns4 ,,hoven ,the defendant ,hoven is charged under counts two and three of the indictment with special responsibility for and participation in ,typhus and other ,vaccine ,experiments1 ,gas ,oedema ,experiments1 and the ,euthanasia ,program4 ,in count four he is charged with being a member1 after #a ,september #aici1 of an organization declared criminal by the ,international ,military ,tribunal4 ,hoven joined the ,,ss in #aicd and the ,nazi ,party in #aicg4 ,soon after the outbreak of the war he joined the ,waffen ,,ss4 ,in ,october #aici he became assistant medical officer in the ,,ss hospital at ,buchenwald concentration camp4 ,in #aida he was appointed medical officer in charge of the ,,ss troops stationed in the camp4 ,he became assistant medical officer at the camp inmate hospital1 and in ,july #aidb he became chief camp physician4 ,he remained in the latter position until ,september #aidc4 ,at that time he was arrested on the order of the ,,ss police court in ,kassel for having allegedly murdered an ,,ss noncommissioned officer who was a dangerous witness against ,koch1 the camp commander4 ,,typhus ,,and ,,other ,,vaccine ,,experiments ,the vaccine experiments with which ,hoven is charged were conducted at ,buchenwald under the supervision of ,,ss ,sturmbannfuehrer ,dr4 ,ding1 alias ,ding-,schuler4 ,they have already been described at length in other portions of this judgment4 ,the prosecution has shown beyond a reasonable doubt that ,hoven was a criminal participant in these experiments4 ,in collaboration with the ,,ss camp administration he helped select the concentration camp inmates who became the experimental subjects4 ,during the course of selection he exercised the right to include some prisoners and to reject others4 ,while perhaps not empowered to initiate new series of experiments on his own responsibility--that apparently being a power which only ,ding could exercise--the defendant worked with ,ding on experiments then in progress4 ,he supervised the preparation of diary notes1 fever charts1 and report sheets of the experiments4 ,occasionally he injected some of the subjects with the vaccines4 ,he acted as ,ding's deputy in the conduct of the experiments4 ,he was in command of experimental ,block #df in ,ding's absence4 ,during the period of ,hoven's activity in the experimental station no less than #ajj inmates were killed as a result of the typhus experiments4 ,many of these victims were non-,german nationals who had not given their consent to be used as experimental subjects4 ,,gas ,,oedema ,,experiments ,it is asserted in an affidavit made by ,dr4 ,ding-,schuler1 who was in charge of ,blocks #df and #ej1 ,buchenwald1 that toward the end of #aidb a conference was held in the ,military ,medical ,academy1 ,berlin1 for the purpose of discussing the fatal effects of gas oedema serum on wounded persons4 ,during the conference1 ,killian1 of the ,army ,medical ,inspectorate1 and the defendant ,mrugowsky reported several cases in which wounded soldiers who had received gas oedema serum injections in high quantities died suddenly without apparent reason4 ,mrugowsky suspected that the fatalities were due to the phenol content of the serum4 ,to help solve the problem ,mrugowsky ordered ,ding to take part in a euthanasia killing with phenol and to report on the results in detail4 ,a few days later ,hoven1 in the presence of ,ding1 gave phenol injections to several of the concentration camp inmates with the result that they died instantly4 ,in accordance with instructions1 ,ding made a report of the killings to his superior officer4 ,the fact that ,hoven engaged in phenol killings is substantiated by an affidavit voluntarily made by ,hoven himself prior to the trial1 which was received in evidence as a part of the case of the prosecution4 ,in the affidavit ,hoven makes the following statement3 8,there were many prisoners who were jealous of the positions held by a few political prisoners and tried to discredit them4 ,these traitors were immediately killed1 and ,i was later notified in order to make out statements that they had died of natural causes4 8,in some instances ,i supervised the killings of these unworthy inmates by injections of phenol1 at the request of the inmates1 in the hospital assisted by several inmates4 ,dr4 ,ding came once and said ,i was not doing it correctly1 and performed some of the injections himself1 killing three inmates who died within a minute4 8,the total number of traitors killed was about #aej1 of whom #fj were killed by phenol injections1 either by myself or under my supervision1 and the rest were killed by beatings1 etc41 by the inmates40 ,,euthanasia ,,program ,the details of the ,euthanasia ,program have been discussed by us at length in dealing with the charges against certain other defendants2 consequently they will not be repeated here4 ,in the ,hoven pre-trial affidavit1 portions of which were quoted while discussing gas oedema serum experimentation1 the defendant gives us a partial picture of the ,euthanasia ,program1 in the following statement3 8,in #aida ,koch1 the camp commander1 called all the important ,,ss officials of the camp together and informed them that he had received a secret order from ,himmler that all mentally and physically deficient inmates should be killed1 including ,jews4 #cjj to #djj ,jewish prisoners of different nationalities were sent to the #8euthanasia station' at ,bernburg for extermination4 ,i was ordered to issue falsified statements of the death of these ,jews1 and obeyed the order4 ,this action was known as #8#ad f #ac'40 ,when the defendant ,hoven took the stand in his own defense1 he attempted to discredit the effects of the statements contained in his affidavit by testifying that the affidavit was taken as a result of interrogations propounded to him by the prosecution in ,english1 and that he was not sufficiently familiar with the language to be fully aware of the inculpatory nature of the statements he was making4 ,the ,tribunal is not impressed with these assertions4 ,the evidence shows that prior to the war the defendant had lived for several years in the ,united ,states1 where he had acquired at least an average understanding and comprehension of the ,english language4 ,when he was on the witness stand1 the ,tribunal questioned him at length in order to ascertain the extent of his knowledge of ,english1 and in particular1 of his understanding of the meaning of the words used by him in his affidavit4 ,as a result of this questioning the ,tribunal is convinced that no undue or improper advantage was taken of the defendant in procuring the affidavit1 and that at the time of his interrogation by the prosecution1 ,hoven knew and understood perfectly well the nature of the statements he was making4 ,the facts contained in the ,hoven affidavit were convincingly substantiated by other evidence in the record1 the only real difference being that the evidence shows the defendant to have been guilty of even many hundreds more murders than are admitted by him in his affidavit4 ,as stated1 in essence1 by one of the prosecution witnesses in connection with the subject1 ,hoven personally killed inmates in the hospital barracks by injection4 ,these people were mostly suffering from malnutrition and exhaustion4 ,hoven must have killed #a1jjj of every nationality4 ,these inmates were killed on the initiative of ,hoven with no requests from the illegal camp administration or the political prisoners4 ,it is obvious from the evidence that throughout his entire service at ,buchenwald1 ,hoven attempted to serve three masters3 the ,,ss camp administration1 the criminal prisoners1 and the political prisoners of the camp4 ,as a result he became criminally implicated in murders committed by all three groups involving the deaths of non-,german nationals1 some of whom were prisoners of war and others of whom were civilians4 ,in addition to these1 he committed murders on his own individual responsibility4 ,there can be nothing said in mitigation of such conduct4 ,to the extent that the crimes committed by ,hoven were not war crimes1 they were crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment the defendant is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,hoven became a member of the ,,ss in #aicd1 and remained in this organization throughout the war4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,waldemar ,hoven guilty1 under counts two1 three and four of the indictment4 ,,beiglboeck ,the defendant ,beiglboeck is charged under counts two and three of the indictment with personal responsibility for1 and participation in ,sea-,water ,experiments4 ,the defendant ,beiglboeck1 an ,austrian citizen1 was a captain in the medical department of the ,german ,air ,force from ,may #aida until the end of the war4 ,in ,june #aidd1 while stationed at the hospital for paratroopers at ,tarvis ,tarvisio1 ,italy1 he received orders from his military and medical superior1 defendant ,becker-,freyseng1 to carry out sea-water experiments at ,dachau4 ,the sea-water experiments have been described in detail in those portions of the judgment dealing with defendants ,schroeder and ,becker-,freyseng4 ,the defendant ,beiglboeck testified that he reported to ,berlin at the end of ,june #aidd1 where ,becker-,freyseng told him the nature and purpose of the experiments4 ,upon that trip he also reported to and talked with the defendant ,schroeder4 ,from these conversations he learned that the prime purpose of the experiments was to test the process developed by ,berka for making sea water potable and also to ascertain whether it would be better for a shipwrecked person in distress at sea to go completely without sea water or to drink small quantities thereof4 ,it appears from the record that the persons used in the experiments were #dj gypsies of various nationalities who had been formerly at ,auschwitz but who had been brought to ,dachau under the pretext that they were to be assigned to various work details4 ,these persons had been imprisoned in the concentration camps on the basis that they were 8asocial persons40 ,nothing was said to them about being used as human subjects in medical experiments4 ,when they reached ,dachau some of them were told that they were being assigned to the sea-water experiment detail4 ,beiglboeck testified that before beginning the experiments he called the subjects together and told them the purpose of the experiments and asked them if they wanted to participate4 ,he did not tell them the duration of the experiments1 or that they could withdraw if ever they reached the physical or mental state that continuation of the experiment should seem to them to be impossible4 ,the evidence is that none of the experimental subjects felt that they dared refuse becoming experimental subjects for fear of unpleasant consequences if they voiced any objections4 ,the defendant testified that pursuant to the order that had been given him1 it was necessary that the subjects thirst for a continuous period2 and that the question of when1 if ever1 they should be relieved during the course of the experiment was a matter which he reserved for his own decision4 ,during the course of the experiments the subjects were locked in a room4 ,as to this phase of the program the defendant testified that 8,they should have been locked in a lot better than they were1 because then they would have had no opportunity at all to get fresh water on the side40 ,at the trial the defendant produced clinical charts which he said were made during the course of the experiments and which1 according to the defendant1 showed that the subjects did not suffer injury4 ,on cross-examination the defendant admitted that some of the charts had been altered by him since he reached ,nuernberg in order to present a more favorable picture of the experiments4 ,we do not think it necessary to discuss in detail what is shown by the charts either before or after the fraudulent alterations4 ,we think it only necessary to say that a man who intends to rely on written evidence at a trial does not fraudulently alter such evidence from any honest or worthy motive4 ,the defendant claims that he was at all times extremely reluctant to perform the experiments with which he is charged1 and did so only out of his sense of obedience as a soldier to superior authority4 ,under ,control ,council ,law ,no4 #aj such fact does not constitute a defense1 but will be considered1 if at all1 only in mitigation of sentence4 ,in our view the experimental subjects were treated brutally4 ,many of them endured much pain and suffering1 although from the evidence we cannot find that any deaths occurred among the experimental subjects4 ,it is apparent from the evidence that the experiments were essentially criminal in their nature1 and that non-,german nationals were used without their consent as experimental subjects4 ,to the extent that the crimes committed by defendant ,beiglboeck were not war crimes they were crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges the defendant ,wilhelm ,beiglboeck guilty under counts two and three of the indictment4 ,,pokorny ,the defendant ,pokorny is charged with special responsibility for1 and participation in1 criminal ,sterilization ,experiments1 as set forth in counts two and three of the indictment4 ,it is conceded by the prosecution that1 in contradistinction to all other defendants1 the defendant ,pokorny never held any position of responsibility in the ,party or ,state ,hierarchy of ,nazi ,germany4 ,neither was he a member of the ,nazi ,party or of the ,,ss4 ,formerly a ,czechoslovakian citizen1 he became a citizen of the ,greater ,german ,reich under the ,munich ,agreement of ,october #aich4 ,during the war he served as a medical officer in the ,german ,army and attained the rank of captain4 ,the only direct evidence bearing on the guilt of the defendant is a letter written by ,pokorny to ,himmler in ,october #aida1 suggesting the use of a drug1 caladium seguinum1 as a possible means of medical sterilization of peoples of the occupied territories4 ,the letter follows3 8,to the ,reich ,commissioner for the ,consolidation of ,german ,folkdom1 ,,ss ,himmler1 ,chief of ,police1 ,berlin4 8,i beg you to turn your attention to the following arguments4 ,i have requested ,professor ,hoehn to forward this letter to you4 ,i have chosen this direct way to you in order to avoid the slower process through channels and the possibility of an indiscretion in regard to the eventually enormous importance of the ideas presented4 8,led by the idea that the enemy must not only be conquered but destroyed1 ,i feel obliged to present to you1 as the ,reich ,commissioner for the ,consolidation of ,german ,folkdom the following3 8,dr4 ,madaus published the result of his research on a medicinal sterilization 7both articles are enclosed74 ,reading these articles1 the immense importance of this drug in the present fight of our people occurred to me4 ,if1 on the basis of this research1 it were possible to produce a drug which1 after a relatively short time1 effects an imperceptible sterilization on human beings1 then we would have a new powerful weapon at our disposal4 ,the thought alone that the #c million ,bolsheviks1 at present ,german prisoners1 could be sterilized so that they could be used as laborers but be prevented from reproduction1 opens the most far-reaching perspectives4 8,madaus found that the sap of the ,schweigrohr 7caladium seguinum7 when taken by mouth or given as injection to male but also to female animals1 after a certain time produces permanent sterility4 ,the illustrations accompanying the scientific article are convincing4 ,if my ideas meet your approval the following course should be taken3 #a4 ,dr4 ,madaus must not publish any more such articles4 7,the enemy listens67 #b4 ,multiplying the plant 7easily cultivated in greenhouses67 #c4 ,immediate research on human beings 7criminals67 in order to determine the dose and length of the treatment4 #d4 ,quick research of the constitutional formula of the effective chemical substance in order to #e4 ,produce it synthetically if possible4 8,as ,german physician and ,chief ,physician of the ,reserves of the ,german ,wehrmacht1 retired 7d4,r4a4,d471 ,i undertake to keep secret the purpose as suggested by me in this letter4 8,heil ,hitler6 ,signed 8,dr4 ,pokorny 8,specialist for skin and venereal diseases4 8,komotau1 ,october #aida40 ,the defendant has attempted to explain his motives for sending the letter by asserting that for some time prior to its transmittal he had known of ,himmler's intentions to sterilize all ,jews and inhabitants of the eastern territories1 and had hoped to find some means of preventing the execution of this dreadful program4 ,he knew1 because of his special experience as a specialist in skin and venereal diseases1 that sterilization of human beings could not be effected by the administration of caladium seguinum4 ,he thought1 however1 that if the articles written by ,madaus could be brought to the attention of ,himmler1 the latter might turn his attentions to the unobtrusive method for sterilization which had been suggested by the articles and thus be diverted1 at least temporarily1 from continuing his program of castration and sterilization by well-known1 tried and tested methods4 ,therefore the letter was written--so explained the defendant--not for the purpose of furthering1 but of sabotaging the program4 ,we are not impressed with the defense which has been tendered by the defendant and have great difficulty in believing that he was motivated by the high purposes which he asserted impelled him to write the letter4 ,rather are we inclined to the view that the letter was written by ,pokorny for very different and more personal reasons4 ,be that however as it may1 every defendant is presumed to be innocent until he has been proved guilty4 ,in the case of ,pokorny the prosecution has failed to sustain the burden4 ,as monstrous and base as the suggestions in the letter are1 there is not the slightest evidence that any steps were ever taken to put them into execution by human experimentation4 ,we find1 therefore1 that the defendant must be acquitted--not because of the defense tendered1 but in spite of it4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,adolf ,pokorny is not guilty of the charge contained in the indictment1 and directs that he be discharged from custody under the indictment when the ,tribunal presently adjourns4 ,,oberheuser ,the defendant ,oberheuser is charged under counts two and three of the indictment with ,sulfanilamide1 ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation1 and ,sterilization ,experiments4 ,the charge of participation in the sterilization experiments has been abandoned by the prosecution and will not be considered further4 ,the defendant ,oberheuser joined the league of ,german ,girls 7,,bdm7 in #aice and held the rank of 8block leader40 ,in ,august #aicg she became a member of the ,nazi ,party4 ,she was also a member of the ,association of ,national ,socialist ,physicians4 ,she volunteered for the position of a camp doctor in the women's department of the ,ravensbrueck concentration camp in #aidj and remained there until ,june #aidc4 ,she was then given a position as assistant physician in the ,hohenlychen ,hospital under the defendant ,gebhardt4 ,regarding her connection with both the sulfanilamide and the bone1 muscle1 and nerve regeneration and bone transplantation experiments1 the same facts are applicable as were presented in the cases of the defendants ,fischer and ,gebhardt4 ,fischer and ,oberheuser were ,gebhardt's active agents in carrying out these experiments4 ,they did a great deal of the actual work4 ,they personally committed atrocities involved in the experiments4 ,a few facts produced in evidence regarding the special work of defendant ,oberheuser in these experiments are entitled to comment4 ,oberheuser was thoroughly aware of the nature and purpose of the experiments4 ,she aided in the selection of the subjects1 gave them physical examinations1 and otherwise prepared them for the operation table4 ,she was present in the operating room at the time of the operations and assisted in the operational procedures4 ,she faithfully cooperated with ,gebhardt and ,fischer at the conclusion of each operation by deliberately neglecting the patients so that the wounds which had been given the subjects would reach the maximum degree of infection4 ,testimony of the witness ,sofia ,maczka1 an ,x-ray technician in the camp at ,ravensbrueck1 is that deaths occurred among the experimental subjects4 ,most of these deaths could have been averted by proper post-operative care1 proper treatment1 or by the amputation of badly infected members4 ,in one instance--the case of a ,krystina ,dabska--small pieces of bone were cut from both legs of the subject4 ,witness ,maczka testified that she read on the cast of the patient that on one leg periosteum had been left and on the other leg periosteum had been removed together with bone4 ,because she was of the opinion that the purpose of the experiment had been to check regeneration1 the witness asked the defendant ,oberheuser1 8,how do you expect to get regeneration of bone if the bones are removed with periosteum80 ,to this the defendant replied1 8,that is just what we want to check40 ,nonconsenting non-,german nationals were used in at least some of the experiments4 ,many of them died as a result of the experiments4 ,to the extent that the crimes committed were not war crimes1 they were crimes against humanity4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,herta ,oberheuser is guilty under counts two and three of the indictment4 ,,fischer ,the defendant ,fischer is charged under counts two and three with ,sulfanilamide and ,bone1 ,muscle and ,nerve ,regeneration and ,bone ,transplantation ,experiments4 ,fritz ,fischer joined the ,allgemeine ,,ss in ,february #aicd and the ,,nsdap in #aici4 ,in the latter year he joined the ,waffen ,,ss and was assigned to the ,,ss unit in the ,hohenlychen ,hospital as a physician subordinated to the defendant ,gebhardt4 ,in ,june #aidj he was transferred to the ,,ss regiment ,leibstandarte 8,adolf ,hitler01 and returned the same year to ,hohenlychen as assistant physician to ,gebhardt1 where he remained until ,may #aidc4 ,he then served as a surgeon on both the eastern and western fronts and1 after having been wounded in ,august #aidd1 came back to ,hohenlychen as a patient4 ,in ,december #aidd he was assigned to the ,charity ,hospital in ,berlin1 but returned again to ,hohenlychen as ,gebhardt's assistant in ,april #aide4 ,in the ,waffen ,,ss he attained the rank of ,sturmbannfuehrer 7major74 ,,sulfanilamide ,,experiments ,gebhardt1 as shown elsewhere in this judgment1 was in personal charge of the work being done in this field by his assistant ,fritz ,fischer4 ,that the latter performed most of the sulfanilamide experimental work is not denied by him2 on the contrary1 he freely admits it4 ,the defense offered in his behalf is twofold2 that the experimental subjects were to have alleged death sentences1 then impending1 commuted to something less severe in the event they survived the experiments2 and that defendant ,fischer was acting under military orders from his superior officer1 ,gebhardt4 ,these defenses have been considered and separately rejected in other parts of this judgment4 ,it is true1 however1 that paragraph #d 7b7 of ,article ,,ii of ,control ,council ,law ,no4 #aj reads3 8,the fact that any person acted pursuant to the order of his government1 or of a superior1 does not free him from responsibility for crime1 but may be considered in mitigation40 ,it is unnecessary to take up and answer all the arguments that might be presented upon whether or not ,fischer is entitled to a mitigation of sentence due to the circumstances claimed as the basis of such mitigation4 ,he acted with most complete knowledge that what he was doing was fundamentally criminal1 even though directed by a superior4 ,under the circumstances his defense must be rejected1 and he must be held to be guilty as charged4 ,,bone1 ,,muscle ,,and ,,nerve ,,regeneration ,,and ,,bone ,,transplantation ,these experiments have been discussed in connection with the case of the defendant ,gebhardt1 who was assisted therein by the defendant ,fischer4 ,testimony and exhibits now constituting parts of the record in this case reveal that ,fischer has offered no substantial defense to the charge4 ,indeed1 criminal connection with these experiments is admitted1 and the admission includes the defendant's own testimony that he personally performed at least some of the operations4 ,it only remains for the ,tribunal to hold that on the specification above-mentioned the defendant ,fischer is guilty4 ,to the extent that the crimes committed by defendant ,fischer were not war crimes they were crimes against humanity4 ,,membership ,,in ,,criminal ,,organization ,under count four of the indictment ,fritz ,fischer is charged with being a member of an organization declared criminal by the judgment of the ,international ,military ,tribunal1 namely1 the ,,ss4 ,the evidence shows that ,fritz ,fischer became a member of the ,,ss in #aicd and remained in this organization until the end of the war4 ,as a member of the ,,ss he was criminally implicated in the commission of war crimes and crimes against humanity1 as charged under counts two and three of the indictment4 ,,conclusion ,military ,tribunal ,i finds and adjudges that the defendant ,fritz ,fischer is guilty under counts two1 three1 and four of the indictment4 signed ,,walter ,b4 ,,beals ,,presiding ,,judge4 ,,harold ,l4 ,,sebring ,,judge4 ,,johnson ,t4 ,,crawford ,,judge4 ,,sentences ,,presiding ,,judge ,,beals3 ,military ,tribunal ,i has convened this morning for the purpose of imposing sentences upon the defendants who have been on trial before this ,tribunal and who have been adjudged guilty by the ,tribunal4 8,,karl ,,brandt1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,karl ,brandt1 to death by hanging4 8,,siegfried ,,handloser1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,siegfried ,handloser1 to imprisonment for the full term and period of your natural life1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,oskar ,,schroeder1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,oskar ,schroeder1 to imprisonment for the full term and period of your natural life1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,karl ,,genzken1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,karl ,genzken1 to imprisonment for the full term and period of your natural life1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,karl ,,gebhardt1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,karl ,gebhardt1 to death by hanging4 8,,rudolf ,,brandt1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,rudolf ,brandt1 to death by hanging4 8,,joachim ,,mrugowsky1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,joachim ,mrugowsky1 to death by hanging4 8,,helmut ,,poppendick1 ,military ,tribunal ,i has found and adjudged you guilty of membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,helmut ,poppendick1 to imprisonment for a term of ten years1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,wolfram ,,sievers1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,wolfram ,sievers1 to death by hanging4 8,,gerhard ,,rose1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,gerhard ,rose1 to imprisonment for the full term and period of your natural life1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,viktor ,,brack1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,viktor ,brack1 to death by hanging4 8,,hermann ,,becker-,,freyseng1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,hermann ,becker-,freyseng1 to imprisonment for a term of twenty years1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,waldemar ,,hoven1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted1 ,military ,tribunal ,i sentences you1 ,waldemar ,hoven1 to death by hanging4 8,,wilhelm ,,beiglboeck1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,wilhelm ,beiglboeck1 to imprisonment for a term of fifteen years1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,herta ,,oberheuser1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes and crimes against humanity1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,herta ,oberheuser1 to imprisonment for a term of twenty years1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority4 8,,fritz ,,fischer1 ,military ,tribunal ,i has found and adjudged you guilty of war crimes1 crimes against humanity1 and membership in an organization declared criminal by the judgment of the ,international ,military ,tribunal1 as charged under the indictment heretofore filed against you4 ,for your said crimes on which you have been and now stand convicted ,military ,tribunal ,i sentences you1 ,fritz ,fischer1 to imprisonment for the full term and period of your natural life1 to be served at such prison or prisons1 or other appropriate place of confinement1 as shall be determined by competent authority40 ----- #ef ,a more correct translation is typhus1 see vol4 ,i1 p4 #ac4 #eg ,indictment originally read 8,january #aidc0 but was amended by a motion filed with the ,secretary ,general4 ,see ,arraignment1 vol4 ,i1 p4 #bb4 #eh ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bfi1 ,nuernberg1 #aidg4 ,,xiii4 ,,petitions a4 ,introduction ,article ,,xv of ,ordinance ,no4 #g of ,military ,government for ,germany 7,,us7 provides that the judgment of the ,tribunal as to the guilt or innocence of any defendant shall be final and not subject to review4 ,however1 ,article ,,xvii provides that the ,military ,governor has the power to mitigate1 reduce1 or otherwise alter the sentence imposed by the ,tribunal1 but may not increase the severity thereof4 ,the petitions on behalf of defendants seeking a revision of the sentences have ordinarily been called clemency pleas4 ,all #af defendants found guilty by the ,tribunal in case ,no4 ,i petitioned for clemency to the ,military ,governor of the ,united ,states ,zone of ,occupation in accordance with ,article ,,xvii of ,ordinance ,no4 #g4 ,each of the condemned defendants1 with the exception of the defendant ,poppendick1 also petitioned to the ,supreme ,court of the ,united ,states for a writ of habeas corpus and for a writ of prohibition against the proceeding or an order nullifying the trial and setting the defendants at liberty4 ,moreover1 all defendants1 with the exception of the defendant ,becker-,freyseng1 filed appeals of some kind with the ,secretary of ,war4 ,from these various types of petitions1 six are set forth below in whole or in part as follows3 petition of appeal to the ,secretary of ,war for the defendant ,karl ,brandt1 page #cjb2 petition for a writ of habeas corpus and a writ of prohibition to the ,supreme ,court of the ,united ,states by the defendant ,rose1 pp4 #cjc to #cjf2 extracts from the petition for a writ of habeas corpus and a writ of prohibition to the ,supreme ,court of the ,united ,states by the defendant ,schroeder1 pp4 #cjg to #cjh2 petition for review to the ,military ,governor of the ,united ,states ,zone of ,occupation for the defendant ,genzken1 pp4 #cji to #cah2 clemency plea to the ,military ,governor of the ,united ,states ,zone of ,occupation for the defendant ,rudolf ,brandt1 pp4 #cai to #cba2 and clemency plea to the ,military ,governor of the ,united ,states ,zone of ,occupation for the defendant ,poppendick1 pp4 #cbb to #cbf4 b4 ,selections from the ,petitions to the ,military ,governor1 the ,supreme ,court of the ,united ,states1 and to the ,judge ,advocate ,general ,,for ,,the ,,defendant ,,karl ,,brandt ,nuernberg1 #d ,september #aidg4 ,the ,secretary of ,war1 ,judge ,advocate ,general1 ,war ,department1 ,washington1 ,d4,c41 ,united ,states of ,america4 ,professor ,dr4 ,karl ,,brandt1 ,petitioner1 ,defense ,counsel ,dr4 ,r4 ,servatius1 attorney-at-law1 ,cologne vs4 ,united ,states of ,america ,petition of ,appeal ,no4---- ,as defense counsel of the defendant ,professor ,dr4 med4 ,karl ,brandt1 ,i herewith lodge an appeal against the verdict of the ,military ,tribunal ,no4 ,i at ,nuernberg in ,case ,i1 of #ai and #bj ,august #aidg1 by which the defendant was sentenced to death4 ,for justification of my appeal against the indictment on which the verdict is based1 as well as the verdict itself1 ,i refer to the following documents1 copies of which are attached3 7a7 ,application for review1 dated #bh ,august #aidg1 addressed to the ,chief of ,military ,government for the ,american ,zone of ,occupation in ,germany4 7b7 ,application for writ of habeas corpus1 dated #bh ,august #aidg1 addressed to the ,supreme ,court of the ,united ,states of ,america4 ,it follows from these attached documents that the defendant ,karl ,brandt was unlawfully deprived of the possibility to lodge an appeal before a ,military ,tribunal consisting of medical experts4 ,a re-trial before a court of higher order is necessary in order to re-examine the errors committed by the ,tribunal in ascertaining the facts of the case and applying the law4 ,i request3 7a7 that the verdict of the ,military ,tribunal1 dated #bj ,august #aidg1 be annulled4 7b7 that a court of appeal be formed for a new trial of the case4 ,signature ,,dr4 ,r4 ,,servatius ,attorney-at-law4 ,,for ,,the ,,defendant ,,rose ,prof4 ,dr4 med4 ,gerhard ,rose ,nuernberg1 #d ,september #aidg ,,pow ,a_/#ichihd ,palace of ,justice1 ,nuernberg1 ,germany ,defense ,counsel3 ,dr4 ,heinz ,hans ,fritz ,attorney-at-law1 ,bavariaring #ad1 ,munich1 ,germany ,to the ,supreme ,court of the ,united ,states of ,america ,washington1 ,d4,c4 ,prof4 ,dr4 med4 ,gerhard ,rose1 ,petitioner vs4 ,united ,states of ,america ,petition for ,writ of ,habeas ,corpus and ,petition for ,writ of ,prohibition ,no4---- ,i1 the undersigned ,prof4 ,dr4 ,gerhard ,rose1 was sentenced1 in the verdict of the ,american ,military ,tribunal ,i in ,nuernberg1 ,germany1 that was announced on #ai and #bj ,august #aidg1 of ,case ,i1 ,united ,states of ,america vs4 ,karl ,brandt and others1 for war crimes and crimes against humanity1 as defined in ,control ,council ,law ,no4 #aj of #bj ,dec #aide1 to life imprisonment4 ,i pray3 7#a7 that a writ of habeas corpus be issued by this ,court1 directed to ,lieutenant ,general ,lucius ,d4 ,clay1 ,commanding ,general1 ,united ,states ,army ,forces1 ,germany1 commanding him to produce the body of the petitioner before your ,court or some member thereof at a time and place therein to be specified1 then and there to receive and to do what your honorable ,court shall order concerning his confinement and trial as an accused war criminal and that he be ordered returned to the status of1 and internment as a prisoner of war in conformity with the provisions of ,article #i of the ,geneva ,convention of ,july #bg1 #aibi1 relative to the treatment of prisoners of war and of paragraph #hb of the ,rules of ,land ,warfare ,u4 ,s4 ,field ,manual #bg-aj1 and 7#b7 that a writ of prohibition be issued by this ,court prohibiting the respondent from proceeding with the trial and that the petitioner be discharged from the offenses and confinement aforesaid1 7#c7 that the costs of the court shall not be levied1 because ,i am a prisoner of war and my property has been confiscated by the ,control ,council for ,germany4 ,as reasons for the above requests ,i offer the following3 ,the sentence imposed on me not only violates valid international law1 but also legal principles whose observance by all the courts of the ,united ,states is guaranteed by the ,constitution of the ,united ,states of ,america4 ,the basic principle that has been violated is that no one may be deprived of the judge justice provided for by law and that each defendant must be granted a regular trial4 ,the following violations are charged in particular3 ,the sentence was passed in violation of ,article #fc of the ,geneva ,convention of #aibi4 ,i am a medical officer and was ,generalarzt in the ,reserve1 which is equivalent to a brigadier general in the ,medical ,corps in the ,american ,army4 ,in ,may #aida ,i was in the ,luftwaffe hospital at ,kitzbuehl in ,austria and became a prisoner of war4 ,shortly afterwards ,i was flown to ,england and taken to ,camp ,latimer 7,bucks71 known as ,,pow ,camp #g4 ,there ,i was registered as a prisoner of war in the middle of ,june #aide and received the ,,pow number ,a #ichihd4 ,i was informed that ,i was a ,british prisoner of war4 ,i am still a prisoner of war today1 because ,i was neither discharged de facto nor was ,i ever given discharge papers or shown discharge papers that had been filled out4 ,as a prisoner of war ,i have a right to have my case tried by a court martial1 as would be correct in case an ,allied medical officer of equal rank were to be indicted on the same charges4 ,this ,court must not only be an officers' court composed of judges holding corresponding rank1 but it must also be a professional court1 because it must be composed of medical officers4 ,since the ,american ,military ,tribunal ,i is not such a court1 it was1 for example1 not in a position to correctly judge my activity as scientific consultant medical officer in relationship to that of a commanding officer4 ,article #fc of the ,geneva ,convention of #aibi purposely makes no differentiation between crimes that a prisoner of war commits during his prisoner of war captivity and those which he committed before he became a prisoner of war4 ,in accordance with the purpose and spirit of the ,geneva ,convention of #aibi1 the prisoners of war are to be protected by this provision from being brought up before a special court or from any limitation of their legal rights4 7#b7 ,there is a violation of ,article #fd of the ,geneva ,convention because the legal remedies that would be available to an ,allied medical officer in a corresponding case cannot be used in the case of the sentence that has been imposed upon me1 because ,article #ae of ,ordinance ,no4 #g of the ,american ,military ,government in ,germany provides that the verdicts of the ,military ,tribunals are final and incontestable4 7#c7 ,there is a violation of ,article #fj of the ,geneva ,convention1 because ,switzerland was not informed1 as the protecting power for prisoners of war1 of the criminal proceedings pending against me4 7#d7 ,the sentence imposed on me violates generally recognized legal principles4 ,it is based on the ,control ,council ,law ,no4 #aj1 dated #bj ,december #aide1 and the ex post facto definitions contained therein4 ,the sentence has inflicted punishment on me for crimes against humanity1 that is1 on the basis of an act which was for the first time declared punishable by ,control ,council ,law ,no4 #aj4 ,the suspension of this universally recognized legal principle by a new law cannot change justice itself4 ,the validity of this special law must be tested by the court4 7#e7 ,the sentence violates the basic principle nulla poena sine culpa1 because it punished me according to ,article ,,ii1 #b;c and d of the ,control ,council ,law4 ,these parts of the ,control ,council ,laws allow punishment for mere consent to an act and for a merely objective 8connection0 with the planning or execution of such act4 ,these provisions represent new substantive law that has been created ex post facto4 7#f7 ,during the trial ,i was limited in my defense in an inadmissible way4 ,my defense counsel1 ,attorney ,dr4 ,fritz1 twice requested1 in the prescribed manner1 that ,prof4 ,dr4 ,blanc1 a ,french citizen and director of the ,pasteur ,institute in ,casablanca1 ,morocco1 be summoned as an expert witness in the examination of the research work of ,prof4 ,haagen4 ,the medical research work of ,prof4 ,haagen concerns such difficult medical problems that it cannot1 in my opinion1 be judged by judges who lack medical training1 without the expert testimony of a capable specialist4 ,however1 the ,court did not approve the requests4 ,this is in my opinion the only reason that ,i was found guilty in connection with the research work of ,haagen4 7#g7 ,it is further asserted that the principle of oral proceedings was violated4 ,in the final stages of the trial the ,court ordered a partly written procedure4 ,although the main trial had lasted many months and there was an extremely abundant amount of material to discuss1 from a factual as well as a legal standpoint1 my defense counsel was only allowed one hour for his closing speech4 ,as for the remaining arguments he was advised to present a closing brief4 ,in this way the protection of publicity was denied and the guarantee removed that the ,court would really take cognizance of these written statements4 ,it was not possible for me to receive information concerning these written statements of my co-defendants in time to take action thereon4 ,the contents of the closing brief which my defense counsel submitted1 and the contents of his rebuttal to the closing brief submitted by the prosecutor against me have obviously not been considered in the findings of the ,court1 although the ,court described the closing brief which it demanded as the most important part of the defense4 ,the ,english translations of the closing brief and rebuttal to the closing brief of the prosecution arrived so late that it seems impossible that the ,court could have taken note of the contents before writing the verdict4 ,several closing briefs which had been submitted by the defense counsels of my co-defendants were not even available at the time when the verdict was read4 ,i assume that the ,court could not peruse the rebuttal of my defense counsels to the closing brief of the prosecution before writing the verdict1 because the verdict1 insofar as it pertains to my case1 contains several obviously false statements of facts and furthermore does not even analyze these statements4 7#h7 ,the verdict does not have1 according to the provisions of ,military ,government ,ordinance ,no4 #g1 sufficient reasons to back it up4 ,for instance1 it is impossible to determine whether the ,court investigated the possibility of duress that would preclude punishment4 ,insofar as incompetency of the ,american ,military ,tribunal ,no4 ,i is asserted in my case1 ,i point to the fact that it was not possible for me to object earlier on account of ,article ,,ii e of ,ordinance ,no4 #g4 ,i reserve the right to submit further statements and evidence later4 ,signature ,,dr4 ,,gerhard ,,rose4 ,,for ,,the ,,defendant ,,schroeder ,to the ,supreme ,court of the ,united ,states of ,america ,washington through the office of the ,general ,secretary of the ,u4 ,s4 ,military ,tribunal ,i ,nuernberg4 ,oskar ,schroeder1 ,petitioner vs4 ,the ,united ,states of ,america ,oskar ,schroeder1 former ,generaloberstabsarzt 7,lieutenant ,general7 of the ,luftwaffe 7,german ,air ,force7 at present in the prison of the ,court in ,nuernberg1 ,germany4 ,counsel for the defendant3 ,dr4 ,hanns ,marx at present at the ,military ,tribunal ,i ,nuernberg1 ,roonstrasse #ae4 ,writ of ,habeas ,corpus and ,writ of ,prohibition 99 99 99 99 99 ,here too1 the ,court found that ,i am guilty merely because of the fact that contrary to duty ,i did not supervise my subordinates4 ,finally the judgment found me guilty with regard to the responsibility for gas experiments4 ,here the judgment states3 8,a certain ,oberarzt ,wimmer1 a staff physician of the ,luftwaffe worked with ,hirt on the gas experiments throughout the period4 8,we discussed the duty which rests upon a commanding officer to take appropriate measures to control his subordinates1 in dealing with the case of ,handloser4 ,we shall not repeat what we said there4 ,had ,schroeder adopted the measures which the law of war imposes upon one in position of command to prevent the actions of his subordinates amounting to violations of the law of war1 the deaths of the non-,german nationals involved in the gas experiments might well have been prevented40 99 99 99 99 99 ,,iii ,a further infringement against the habeas corpus is the fact that while ,i have been found guilty as being responsible for the ,lost experiments1 although ,i have never been indicted on this count4 ,the verdict of the ,military ,tribunal ,i states on page #aa the names of those defendants who have been accused of having borne special responsibility for the ,lost 7mustard7 gas experiments4 ,my name does not appear on that list4 ,on page #ahg of the verdict1 the ,court describes the importance that this enumeration of defendants has in relation to the various individual counts of the indictment4 ,it says3 8,in preparing counts ,,ii and ,,iii of the indictment1 the prosecution elected to frame its pleadings in such a manner page #g of the original as to charge all defendants with the commission of war crimes and crimes against humanity1 generally1 and at the same time to name in each subparagraph dealing with medical experiments only those defendants particularly charged with responsibility for each particular item40 ,the ,court goes on to say3 8,in our view this constituted in effect1 a bill of particulars and was1 in essence1 a declaration to the defendants upon which they were entitled to rely in preparing their defenses1 that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items40 ,as the ,court repeatedly gave evidence during the course of the proceedings that it adhered to this view ,i did not defend myself1 did not need to defend myself and could not defend myself against the accusation that ,i had participated in the ,lost experiments4 ,although the ,court finds on page #ahg of the verdict3 8,we think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged10 it has still found me guilty because of responsibility for the ,lost experiment1 so that in view of the ,court's own statements as contained in the verdict1 my sentence constitutes1 insofar as it concerns this matter1 a gross injustice4 ,i believe that the sentence of the ,military ,tribunal ,i violates a principle insofar as each defendant must be told clearly what crime he has been charged with1 and that he must have opportunity to defend himself against these accusations4 ,it is this principle that is being violated in the findings of the ,court against me4 ,in my opinion1 it infringes thus the principle of legal heading laid down in the habeas corpus4 ,it is therefore obviously unjust1 according to the wording of the verdict itself4 99 99 99 99 99 ,,for ,,the ,,defendant ,,genzken ,dr4 ,r4 ,merkel ,defense ,counsel of ,defendant ,dr4 ,karl ,genzken ,nuernberg1 #b ,september #aidg4 ,to the ,american ,military ,governor for ,germany ,general ,lucius ,d4 ,clay via the ,secretary ,general of the ,military ,tribunal ,i ,nuernberg4 ,concerning3 ,confirmation of the sentence of ,military ,tribunal ,i1 ,nuernberg1 of #ai ,august #aidg4 ,karl ,genzken1 defendant in ,case ,i1 defended by ,attorney-at-,law ,dr4 ,r4 ,merkel1 ,nuernberg1 by verdict of ,military ,tribunal ,i of #ai ,august #aidg was found guilty of war crimes1 crimes against humanity1 and membership in the ,,ss--counts two1 three1 and four of the indictment--and was sentenced to life imprisonment4 ,i request that the sentence may not be confirmed1 since the defendant is innocent of the punishable participation in the typhus experiments in ,buchenwald with which he is charged4 ,the verdict of ,military ,tribunal ,i1 ,nuernberg of #ai-bj ,august #aidg decided that ,genzken in his official position was responsible for1 cooperated in1 and promoted the typhus experiments which were carried out on non-,germans against their will1 and in the course of which1 and as a result of which1 cases of death occurred4 ,on the basis of the verdict it is certain that the defendant himself did not actively participate in the typhus experiments2 he never entered the ,buchenwald concentration camp during the war and never saw the typhus experimental station in ,block #df4 ,the verdict is based on the presupposition-- 7#a7 that ,genzken before #a ,september #aidc--;as superior of ,mrugowsky1 the ,chief of the ,hygiene ,institute1 and of ,ding in his capacity as an assistant in this ,institute--has had the command and thus the official supervision over the experiments in the typhus experimental station in ,block #df of the ,buchenwald concentration camp1 7#b7 that ,genzken before #a ,september #aidc was acquainted with the kind and scope of the activity of ,mrugowsky and ,ding1 who were supposedly subordinated to him in the field of typhus research1 and 7#c7 that he nevertheless failed to make sure that this research work was carried out within legally permissible limits4 ,these statements of the verdict are not correct1 since they do not take into account in any way the actual facts which emerged on the basis of the extensive evidence submitted by the prosecution and defense4 ,i ,genzken had no command and no official supervision over the typhus experiments in ,block #df ,the research for a new typhus vaccine for the ,waffen ,,ss was purely scientific research in the medical field4 ,in contrast to the ,chiefs of the ,medical ,services of the three ,wehrmacht branches 7,army1 ,air ,corps1 ,navy7 scientific research and planning did not belong to the tasks delegated to the ,chief of the ,medical ,service of the ,waffen ,,ss4 ,the official agency in charge of scientific research and planning for all the organizations of the ,,ss and the police was rather exclusively ,reich ,physician ,,ss and ,police ,professor ,dr4 ,grawitz 7pages #d-f of closing brief of the defense74 ,exhibit ,no4 #ci of the prosecution proves that ,grawitz in #aidb without success requested funds for the intended establishment of several research institutes4 ,however1 in view of the imminent pressing danger of typhus1 ,grawitz1 at the order of ,himmler1 gave the command to establish a typhus experimental station in connection with and sharing the funds appropriated for ,block #df of the ,buchenwald concentration camp and in ,december #aida he appointed ,dr4 ,ding of the ,hygiene ,institute of the ,waffen ,,ss head of ,block #df4 ,in reference to this ,mrugowsky states3 8,himmler did not order me to take charge of these experiments1 but at the suggestion of ,grawitz assigned these duties to ,dr4 ,ding40 7p4 #ejfg of the ,english transcript47 ,in the affidavit of ,s4 ,dumont1 we read3 8,mrugowsky told me that ,grawitz will transmit ,himmler's order direct to ,ding0 7,document ,mrugowsky #ch1 ,exhibit #ac1 p4 #ej ,document book ,mrugowsky ,i74 ,finally ,blumenreuther declares in his affidavit of #c ,february #aidg 7,document ,mrugowsky ,no4 #bf1 ,exhibit #f1 p4 #agj ,document ,book ,mrugowsky ,i7 as follows3 8,in #aidb ,grawitz brought about ,himmler's order to establish in the ,buchenwald concentration camp an experimental station for typhus research and appointed ,dr4 ,ding to take charge of this experimental station40 ,thus ,ding left the ,hygiene ,institute1 when his research work began1 and from this time on he was no longer a subordinate of ,genzken1 but as chief of the research department in ,block #df was directly1 immediately1 and exclusively subordinate to ,grawitz4 ,as oldest hygienic expert1 ,grawitz consulted his consulting hygienist ,mrugowsky in the course of his researches concerned with typhus4 ,this latter called himself 8,reich ,physician ,,ss and ,leading ,police ,hygienist0 in his report of #e ,may #aidb which was mentioned in the verdict 7,mrugowsky1 ,exhibit #bj1 p4 #hf1 ,doc4 ,book ,mrug4 ,i74 ,as a result of the shortage of hygienists1 ,mrugowsky1 in his capacity as head of the only ,hygiene ,institute on the home front1 was available also to the ,reich ,physician for his medical duties concerned with all the branches of the ,,ss and for his scientific research tasks4 ,as head of the ,hygiene ,institute and as head of ,office ,,xvi concerned with questions of group hygiene of the ,waffen ,,ss1 ,mrugowsky was subordinate to ,genzken1 not however in his capacity as hygienic consultant to the ,reich ,physician4 ,in connection with these problems1 to which belonged also the typhus vaccine research1 ,mrugowsky was subordinate only to ,reich ,physician ,,ss ,grawitz and not to ,genzken4 ,if1 as the verdict presupposes1 the relationship of giving orders had really been the following3 ,himmler-,grawitz-,genzken-,mrugowsky-,d ing1 then ,genzken would have had to take orders from ,grawitz and would have been called for conferences with ,grawitz4 ,this has not been established by the prosecution4 ,through the examination of witnesses by prosecution and defense1 it was established that there were two separate institutions in ,buchenwald3 the typhus research institute from ,december #aida in ,block #df and the typhus vaccine manufacturing station from the fall of #aidc in ,block #ej 7see page #ce1 ,closing ,brief of the ,defense and ,exhibit ,genzken ,exh4 ,no4 #e74 ,the manufacturing station in ,block #ej1 and ,ding as its head1 would have been subordinate to ,dr4 ,genzken as such if the manufacture of the new ,,ss typhus vaccine had been started before #a ,september #aidc4 ,however1 this was definitely not the case2 it was still in a preparatory state 7see page #df1 closing brief of the defense74 ,if on page #if 7,german text7 of the verdict it is furthermore stated that the official channels were arranged in this manner3 ,himmler-,grawitz-,genzken-,mrugowsky-,d ing1 then this statement also is in obvious contradiction to the facts established in a clear and conclusive manner by the examination of witnesses4 ,because1 as far as the channels of command for the typhus experimental station are concerned1 the following points prove that these channels of command ran ,himmler-,grawitz-,ding for ,block #df3 7#a7 ,dr4 ,morgen states in his affidavit ,mrugowsky ,exh4 #ajg 7,doc4 ,mrug4 #aad1 ,doc4 ,book ,mrug4 ,supplement ,,ii1 p4 #ed71 that ,grawitz gave written and direct order to ,ding to carry out the typhus research without ,genzken's participation4 ,ding showed ,morgen the written order from ,grawitz4 7#b7 ,the letterhead which ,ding used before spring #aidc1 as head of the experimental station for typhus and virus research1 read as follows3 8,reich ,fuehrer ,,ss--,typhus-,experimental ,station1 ,buchenwald0 7see ,doc4 ,genzken ,no4 #b1 ,genzken ,exh4 #h74 7#c7 ,the prosecution witness ,kogon confirms the fact that all reports went through ,mrugowsky directly to ,grawitz and not by way of ,genzken4 7#d7 ,genzken and ,mrugowsky both testify under oath that ,himmler and ,grawitz gave the order for the establishment of the experimental station to ,ding directly4 7#e7 ,in ,exhibit #bhc of the prosecution1 ,ding states 8that ,grawitz1 in agreement with the leading physician of the concentration camp ,dr4 ,lolling appointed ,dr4 ,hoven as ,ding's deputy in ,buchenwald04 ,the appointment1 therefore1 did not take place by way of ,genzken4 ,the order channel1 ,himmler-,grawitz-,genzken-,mrugowsky-,d ing1 as stated in the verdict1 is based exclusively on the affidavit of ,dr4 ,hoven dated #bd ,october #aidf1 ,prosecution ,exh4 ,no4 #bha4 ,when he was interrogated1 ,hoven stated under oath that this channel of command was correct only for the manufacturing station in ,block #ej and not for the research institute in ,block #df 7see p4 #iiac of the ,english record74 ,when ,mrugowsky was interrogated1 he also stated under oath 8that this command relationship referred solely to the vaccine manufacture in ,block #ej4 ,this chain of command did not refer to ,block #df1 and insofar as it is touched by it1 this channel of giving orders is not correct0 7see p4 #df closing brief of the defense74 ,from all this evidence it follows conclusively that ,hoven's statement cannot be used as supporting evidence for a conviction against ,genzken4 ,for he was not a station on this channel of giving orders and had never had anything to do about giving orders concerning the carrying out of the typhus experiments in ,block #df until #a ,september #aidc4 ,if1 therefore1 the verdict states that ,genzken was responsible for the carrying out of the typhus experiments1 then the verdict does not take into consideration the proven fact that not ,genzken1 but ,grawitz was the one who gave the order to carry out research experiments in the concentration camp ,buchenwald on concentration camp inmates4 ,only he who gives the order to carry out an action and who was a party to it in some other ways can be responsible for the act4 ,nothing of the sort has been proved against ,genzken4 ,if1 as established by ,document ,mrug4 ,exh4 ,no4 #ajg1 ,grawitz gave the order to carry out typhus experiments to ,ding1 then it is impossible that ,genzken too could have given such an order1 if for no other reason1 because he was never the competent authority for scientific research and projects4 ,furthermore on the basis of his testimony as a witness1 it has been established that he never received an order to this effect by ,grawitz1 and that ,grawitz purposely excluded him from exerting any influence on the research projects in ,block #df4 ,in ,genzken ,exhibit ,no4 #c1 ,mrugowsky confirms 8that ,grawitz1 in conversations with him1 frequently emphasized that he--,grawitz--was the only one responsible for research and planning assignments within the ,,ss1 and that ,genzken had nothing to do with them40 ,the assumption in the verdict is1 therefore1 not correct that ,ding undertook typhus research 8for0 the ,hygiene ,institute 7page #ig1 ,german text of the verdict74 ,as already mentioned above and as proved beyond doubt during the trial1 ,ding did not undertake these typhus experiments for the ,hygiene ,institute of the ,waffen ,,ss1 but exclusively for his employer and commander1 ,grawitz4 ,genzken1 therefore1 was not responsible for the carrying out of the typhus experiments1 since he neither commanded nor ordered those experiments4 ,if furthermore the ,tribunal is trying to construe incriminating evidence against ,genzken by claiming that ,genzken provided the funds for ,ding's expenses 7see page #ig and #ii of the ,german text71 this too is a mistake4 ,genzken expressly said under oath that he never provided any money for ,ding's experiments1 but that only for ,ding's personal needs had funds been transferred to the ,waffen ,,ss through the medical office4 ,in the ,genzken ,document ,no4 #ag1 ,genzken ,exhibit ,no4 #ae1 ,rudolf ,tonndorf says 8that he never paid or ordered payment for the upkeep or provided other funds for scientific experiments or for institutions which served such purposes1 because such scientific research work was not the concern of the medical office of the ,waffen ,,ss1 but exclusively that of the office of the ,reich ,physician of the ,,ss and ,police1 ,dr4 ,grawitz40 ,in ,genzken ,exhibit ,no4 #h1 ,barnewald states under oath 8that the entire administrative care for ,block #df was the concern of the ,buchenwald camp administration through the official channels via the patients' building of the concentration camp4 ,the administration of the medical office of the ,waffen ,,ss had officially nothing to do with administrative matters concerning ,block #df40 ,on page #f of the ,ding diary--,prosecution ,exhibit ,no4 #bhg--;it says that ,pohl1 the ,chief of the ,main ,administrative and ,economic ,office1 gave the order for the enlargement of a block of stone buildings4 ,on page #i of that same document a conference between ,ding and two representatives of the ,main ,administrative and ,economic ,office is mentioned 7,barnewald and ,schlesinger71 who occupied themselves with the breeding of experimental animals for the experimental department4 ,not ,genzken1 but the authorities competent for the economic supply of the concentration camps1 namely1 the ,main ,administrative and ,economic ,office therefore carried through the financing of the typhus experiments via the camp administration of the concentration camp ,buchenwald4 ,,ii ,genzken had no knowledge of the character and of the extent of the experiments carried out in the field of typhus research in ,block #df ,the statement in the verdict 7page #aje7 8that ,genzken knew that the prisoners were subjected to cruel medical experiments1 in the course of which deaths were occurring10 is not proved in any way4 ,the verdict itself 7page #ih7 states that ,genzken said 8that he was aware of the fact that concentration camp inmates were subjected to experiments1 and that he stated that he was not advised as to the methods of experimentation40 ,in the cross-examination1 ,genzken emphasized that the number of the experimental persons1 of the series of experiments1 the number of dead1 the cultures for infections1 and the passages had only become clear to him through the trial1 and that the names 8,block #df0 and 8,block #ej0 had been entirely unknown to him up to the trial4 ,as proved by the evidence it is clear1 beyond doubt1 that ,genzken was not informed either by ,grawitz1 nor by ,ding1 nor by ,mrugowsky about the details of the experiments4 ,grawitz who distrusted ,genzken1 consciously never informed ,genzken about a single case of his many secret experiments upon human beings in which1 according to the documentary evidence he participated4 ,the defense has given sufficient evidence for this fact4 ,grawitz even prevented ,mrugowsky from informing ,genzken 7,document ,genzken1 ,exhibit ,no4 #c73 8,this is none of ,genzken's business40 ,it has also been made very clear by the defense that ,ding had never given any oral or written information about the details of the experiments4 ,the prosecution could not produce any evidence for such information4 ,the verdict speaks about a 8warm personal friendship between ,genzken and ,ding0 7page #ig74 ,their relationship never was more than one of official comradeship4 ,they did not use the intimate 8,du0 in addressing each other4 ,ding was never a guest at ,genzken's house4 ,once ,ding was presented to ,frau ,genzken4 ,the two women did not know each other at all4 ,ding's scientific reports concerning his research went directly to ,grawitz via ,mrugowsky4 ,to the question whether it was not true that reports concerning the typhus experiments in ,block #df went to the office of the ,reich ,physician of the ,,ss and of the ,police ,grawitz1 the prosecution witness ,kogon answered by saying3 8,this is correct0 7see p4 #abij of the ,english ,transcript74 ,mrugowsky said in this connection3 8,the reports were never presented to ,genzken through me but in a new envelope went directly to ,grawitz0 7see p4 #ecff of the ,english ,transcript74 ,finally the witness ,dumont in figure #g of her affidavit 7,document ,mrugowsky1 ,exhibit #ac1 page #ea1 ,document ,book ,mrug4 ,i7 declared3 8,the reports which ,ding made concerning his experiments with prisoners were directed to ,grawitz via the ,hygiene ,institute40 ,the verdict tries furthermore to base the fact that ,genzken knew about the typhus experiments via stating that once a report by ,mrugowsky of #e ,may #aidb went to him and that besides this1 he had been personally informed about everything by ,mrugowsky4 ,both conclusions are also wrong and are in direct contradiction to the evidence4 ,the only document of the prosecution which1 according to the distributor mentions the name of ,genzken at all1 is the report by ,mrugowsky of #e ,may #aidb1 mentioned in the verdict 7page #ii and following74 ,the conclusions which the ,tribunal feels compelled to have to draw from this report to the prejudice of ,genzken do not apply if only for the reason that this report was never made available to ,dr4 ,genzken4 ,mrugowsky said in this respect3 8,this report was not presented to ,genzken himself but was even later on1 until the end1 in the files of ,amt ,,xvi40 7,see reply of the defense to the closing brief of the prosecution1 p4 #e74 ,genzken cannot be made responsible for something he1 as has been proved1 never knew4 ,if he never saw that report of ,mrugowsky and if he never knew of its existence1 it cannot serve as an incriminating evidence against him4 ,it is not correct1 that before #a ,september #aidc ,mrugowsky gave regularly1 on the average once a week1 oral or written reports concerning the typhus experiments to ,genzken4 ,mrugowsky only said that about once a week he reported to ,genzken on the hygiene of the troops at the meeting of the ,referenten#ei of the medical office4 ,mrugowsky did this in his capacity as leading hygienist of the medical office 7,sanitaets-,amt74 ,mrugowsky never reported to ,genzken about the typhus experiments1 on the occasion of these weekly reports and meetings of ,referenten 7,heads of ,referate1 ,departments in a ,ministry71 if only because of the fact that these experiments did not fall within the scope of the work of the medical office of the ,waffen ,,ss1 and because1 upon ,grawitz order1 they were to be kept strictly secret4 ,written reports were never made at all4 ,the established fact that in the medical office there was not the slightest information about1 nor was there ever any discussion of1 typhus experiments or any other experiments upon human beings in concentration camps1 in itself shows that on ,mrugowsky's part1 no oral or written reports were submitted to the medical office of the ,waffen ,,ss4 ,four participants in such meetings of the ,referenten of the medical office have borne witness to this fact 7see p4 #eb of the closing brief for the defense74 ,the sole report of the spring of #aidc has been described in detail by ,mrugowsky4 ,his explanations were incorporated into the verdict word for word4 ,the ,tribunal thus considers them to be true and accurate4 ,mrugowsky and ,genzken both stated under oath that ,genzken had not seen that infection dates and incidents of death had been marked in the charts which were submitted to him4 ,mrugowsky stated literally as follows3 8,i had no cause to call his attention to these things expressly because actually ,i made no report to him concerning ,ding's experimental series1 but merely wanted to give him factual information concerning the protective effect of certain vaccines1 which he as head of the medical office had to know40 ,on pages #be-bf1 the verdict states3 8,in ,anglo-,saxon law1 every defendant in a criminal proceedings for a crime of which he is accused is considered innocent until the prosecution has brought sound credible proof of his guilt1 excluding all reasonable doubt4 ,this assumption applies to the defendant throughout all the stages of the trial1 until such proof has been brought4 #8,reasonable doubt' is1 as the name implies1 doubt that is in keeping with reason1 a doubt that a reasonable person would entertain40 ,these statements must be completely and entirely agreed to4 ,but1 when applied to this very case of defendant ,genzken and especially to his alleged knowledge of the experiments1 it can under no circumstances be said that the evidence brought by the prosecution is sufficient to provide the judge with a lasting conviction giving him the moral certainty the accusation is true4 ,for ,genzken did not see ,mrugowsky's report1 and the single report made by ,mrugowsky presents1 according to the latter's statement1 no sound and conclusive proof of ,genzken's knowledge4 ,the verdict holds ,genzken responsible 7p4 #ajc7 8for having nevertheless neglected to reassure himself that his experimental work was being carried out within permissible legitimate limits40 ,,iii ,genzken had no official supervisory power and no chance to intervene by giving orders and also no reason at all to reassure himself ,as witness1 ,genzken himself stated that he had merely known that a new typhus vaccine was to be produced in an institute at ,buchenwald4 ,genzken had no knowledge whatsoever in this specialized field of hygiene1 as well as no bacteriological training at all1 and had never conducted scientific research work4 ,he had no reason at all to assume that1 in connection with this research1 prisoners would be used in a criminal manner4 ,he was merely of the opinion that the prisoners were brought in for purposes of checking the efficacy of the vaccine1 in the form of experimental series which were generally customary in medical research4 ,it was only during the course of the trial that he for the first time learned of deliberate infections and that there had been many deaths during the experimental series4 ,he could not know anything about these facts1 especially because the assignment of the prisoners was1 as a concentration camp matter1 completely outside of his sphere of duties4 ,when1 on page #ajc 7,german text71 the verdict implies that ,genzken had undertaken no steps to reassure himself about the condition of the experimental subjects or of the circumstances under which they had been taken to the experimental block1 this implication of the verdict is also incorrect1 because the prisoners were not assigned by the medical office of the ,waffen ,,ss1 but by the office in charge of the administration of the concentration camp in collaboration with the ,reich ,criminal ,police ,office4 ,until the trial1 he had not even known that non-,germans were called in as experimental subjects4 ,this and the fact that all experiments were kept strictly secret made it impossible for ,genzken to institute investigations or to undertake steps to reassure himself about the condition of the experimental subjects4 ,if1 finally1 on page #ih of the verdict1 reference is made to ,ding's diary in order to support the judgment1 it must above all be stated that there are grave doubts as to the probative value of this document 7see p4 #bg and the following of the closing brief for the defense74 ,the verdict asserts that ,kogon kept the original diary4 ,that is not in keeping with the facts2 in any case it would have been impossible for the period from ,december #aida to ,june #aidc1 because ,kogon only became ,ding's secretary on the latter date 7see p4 #abei of the ,english ,transcript74 ,on page #ii of the verdict1 the ,tribunal itself makes the following statement in connection with the entry for #i ,january #aidc referred to in order to incriminate ,genzken3 8if ,ding's proven attempts at self-glorification are taken into account1 one should not credulously accept this entry in its existing form40 ,thus in this connection the statements on page #be and #bf of the verdict regarding the ,tribunal's conviction apply in particular4 ,if even the ,tribunal1 and quite rightly so1 feels considerable doubts as to the correctness and significance of this entry1 it is not permissible to use it in order to the prejudice of the defendant4 ,besides1 ,genzken expressly declared as also confirmed by ,kogon 7see p4 #abbh of ,english ,tr47 that he never expressed his approval with regard to the department for typhus research1 but that this entry would have to be interpreted as his consent to the change of name of the vaccine production laboratory4 ,this intended change of name was not effected until after #a ,september #aidc1 thus at a time when ,genzken was no longer responsible4 7,see p4 #cb and following of the closing brief for the defense47 ,the verdict states at the end of the opinion for ,genzken's sentence that he was responsible for the typhus experiments and that he assisted in them and furthered them4 ,in the face of all this1 the result of the case in chief is once again to be summarized as follows3 ,genzken had no responsibility1 no authority to give orders1 and no official supervisory power regarding the ,typhus ,experimental ,station in ,block #df of the ,buchenwald concentration camp4 ,all these were in the hands of ,grawitz4 ,the latter gave direct orders for the experiments to be carried out to ,ding who was his immediate subordinate4 ,ding's reports went directly through ,mrugowsky to ,grawitz and never to ,genzken4 ,the latter had no knowledge whatsoever of the criminal methods of the experiments4 ,genzken had no responsibility1 no official supervisory power1 and no possibility to interfere by an order2 owing to his ignorance of the facts1 he had no cause to reassure himself of the conditions under which the experiments took place4 ,therefore a sentence in connection with counts two and three of the indictment ought not to follow4 ,i1 therefore1 ask that the verdict should not be confirmed on these points1 as ,genzken is not guilty of a war crime or of a crime against humanity as is clearly proved by the evidence4 ,with regard to his membership in the ,,ss1 this fact alone is not sufficient to bring about his conviction before the ,american ,military ,tribunal4 ,in addition1 it would be necessary that his knowledge of criminal experiments should have been proved as in the ,poppendick case4 ,however1 in accordance with the above statements this is not the case4 ,only the competent ,german ,denazification ,board could convict the defendant for his ,,ss membership4 ,i therefore propose that the case be referred to the ,denazification ,board competent for his home town ,preetz_/,holstein4 ,signature ,,dr4 ,r4 ,,merkel1 ,attorney-at-,law4 ,,for ,,the ,,defendant ,,rudolf ,,brandt ,dr4 ,kurt ,kauffmann ,counsel for the ,defense of the ,defendant ,rudolf ,brandt ,nuernberg1 #b ,september #aidg ,to the ,military ,governor of the ,american ,zone of ,occupation in ,germany4 ,through the ,secretary ,general at ,military ,tribunal ,no4 ,i1 ,nuernberg4 ,as counsel for the defense of ,rudolf ,brandt1 who has been sentenced to death1 ,i herewith petition that the judgment of the ,american ,military ,tribunal ,no4 ,i1 dated #ai-bj ,august #aidg1 not be confirmed4 ,it is perhaps the grandest task of a human being and counsel for the defense to intercede on behalf of another person and to commend him to the clemency of the mighty4 ,clemency appeals to the understanding of the great for human weakness4 ,clemency is the opposite of pure criticism and spiteful anger4 ,for this reason ,i remain quiet in the face of the sentence pronounced2 ,i do not raise any complaint because1 in one point or another1 the decision of the ,tribunal does not perhaps entirely agree with my opinion of the course of events1 of the position of the defendant at that time1 and of his character4 ,this petition for clemency wants once more to go into the depths of the thoughts which basically were already the subject of my final plea4 ,one may well believe that at the beginning of the trial1 after ,i had studied the case of ,rudolf ,brandt1 ,i recognized that this task was hardly to be rewarded with success2 nevertheless it seemed to me that it was worth my efforts to take over the defense1 since ,i believed--then as well as now--that ,rudolf ,brandt is guilty to receive any kind of punishment but not the death sentence4 ,not a few of the statements made in my final plea serve this idea4 ,i must admit1 however1 that even ,i1 as the counsel for his defense1 arrived at this conviction only on the strength of the characterization of the personality of the defendant contained in my document book1 as well as on the strength of my own judgment of him1 which sees in ,brandt a beast of burden which dragged on day and night without really recognizing the contents of its burden2 for the burden which it carried1 together with the weights1 which make this trial such a terrible one1 were only a small fraction of the gigantic burden under which the bearer himself was not visible any more4 ,this comparison can be drawn without difficulty from the evidence presented by the defense4 ,i take the liberty--because it seems characteristic in this respect--to refer to some pieces of evidence which have already been submitted to the ,tribunal1 namely3 7#a7 the affidavit of ,medizinalrat ,felix ,kersten of ,stockholm 7,document ,book ,rudolf ,brandt1 page #h74 7#b7 two affidavits from ,schellenberg and ,dr4 ,stuckart 7,document ,book ,rudolf ,brandt1 pp4 #af-ag and pp4 #bc-bd74 7#c7 ,i once more refer to the final plea of ,rudolf ,brandt 7,english transcript1 pages #aaccj-ce74 7#d7 ,i attached two letters of the ,world ,jewish ,congress in ,paris and ,stockholm1 addressed to the above-mentioned ,felix ,kersten1 which had been rejected by the ,tribunal as unessential pieces of evidence1 which1 however1 throw a distinct light on the personality of ,felix ,kersten1 who1 on his part1 defends so warmly ,rudolf ,brandt4 ,the fact that ,rudolf ,brandt did not make his own decisions but was under the command of ,himmler can be found a mitigating consideration according to ,law ,no4 #aj of the ,control ,council1 ,article ,,ii #d b4 ,i appeal to the generosity of the great to make use of this possibility to mitigate the sentence4 ,a sentence of imprisonment is also a heavy expiation4 ,the counsel for the defense again and again feels tempted to regret that these trials are too drawn out and through their long duration have a negative effect on the broad masses of the ,german people4 ,if it is to be the goal of these trials to punish the main war criminals1 these procedures should be shortened4 ,the people are not interested any more in the course of these trials1 apart from the trial against ,goering and others during its first stages2 one reason for this is1 of course1 the general plight2 because the hunger of the people1 the great mortality1 the problem of the prisoners of war who are not returned to their families1 the conditions in the ,east push everything else aside4 ,furthermore1 the long duration of the trials causes even the most lively interest to slacken4 ,but it also seems wrong to pronounce death sentences after such a long duration of proceedings4 ,in the case of the trial of the ,international ,military ,tribunal1 the people were still able to connect the long duration of the proceedings with the sentences pronounced1 because each proceeding was an individual event4 ,the following trials1 however1 among them1 therefore1 the doctors' trial1 are much too much drawn out with regard to ,german legal opinion4 ,if such a drawn-out procedure closes with a death sentence1 that death punishment seems hardly justified anymore4 ,german trial procedure does not know such long drawn-out proceedings1 the final result of which is a death sentence4 ,the special peculiarities of the ,anglo-,american trial procedures are the cause for such trials that last for months and months4 ,it has also to be remembered that the defendants in each case have been in custody for almost or more than two years when the trial finally began4 ,procedures ending with death sentences will have to be carried through much faster4 ,it is in contradiction to one's reactions that death sentences are pronounced against defendants with whom not only counsel for the defense has worked together for many months1 but who also for many months appeared daily in court and were respected by the court1 since they are rightly considered innocent until their guilt is finally established4 ,neither should one forget that the defendants themselves1 after having been held in custody for inquiry for such a long time and having gone through such long drawn-out procedures1 have already atoned more for their crimes than if there had been a quick procedure started immediately after the collapse of ,germany4 ,if ,i may impose on the instance for clemency ,i beg to read some parts of my final plea2 then1 ,i don't have to repeat myself here4 7,cf4 statements on page #ad ,v1 #a2 furthermore pages #ah-bj1 #bg1 #dc ,c74 ,signature ,,dr4 ,,kauffmann4 ,,for ,,the ,,defendant ,,poppendick ,nuernberg1 #a ,september #aidg ,georg ,boehm1 ,attorney ,defense ,counsel ,military ,tribunal ,i ,nuernberg1 #aae ,zerzabelshofstrasse ,the ,military ,commander of the ,u4,s4 ,occupation ,zone ,germany ,petition of ,attorney ,georg ,boehm1 ,defense ,counsel at ,military ,tribunal ,i1 ,nuernberg for the defendant ,helmut ,poppendick1 at present in the courthouse prison at ,nuernberg1 concerning alteration of the sentence passed by ,military ,tribunal ,i1 ,nuernberg ,the defendant ,helmut ,poppendick was acquitted of the charges of having committed war crimes and crimes against humanity 7counts two and three7 in the sentence of the ,military ,tribunal ,i at ,nuernberg in ,case ,i1 ,united ,states of ,america against ,karl ,brandt et al41 on #ai ,august #aidg1 and found guilty only1 as an ,,ss member1 of membership in an organization declared criminal by the ,international ,military ,tribunal 7count four74 ,on #bj ,august #aidg1 the defendant ,helmut ,poppendick was sentenced to #aj years' imprisonment merely on account of membership in the ,,ss4 ,i4 ,the sentence exceeds the maximum penalty ,according to the recommendations of the ,international ,military ,tribunal 7,the ,trial of the ,major ,war ,criminals before the ,international ,military ,tribunal1 ,vol4 ,i1 p4 #bhh71 inserted into the sentence of the ,medical ,case1 a maximum penalty is provided for the punishment of members of organizations declared criminal4 ,the ,,imt recommendation provides in detail that 8in no case is the penalty1 imposed on the basis of ,law ,no4 #aj upon a member of an organization or group declared criminal by the ,tribunal1 to be more severe than the one provided in the ,denazification ,law04 ,the ,denazification ,law1 dated #e ,march #aidf1 valid for the ,u4,s4 ,occupation ,zone of ,germany1 referred to as a standard for comparison1 provides the maximum penalty of #aj years in a labor camp4 ,according to present penal regulations1 #aj years' imprisonment is1 however1 a more severe penalty than being sent to a labor camp for the same period4 #aj years' imprisonment exceeds1 therefore1 the penalty provided in the recommendation of the ,,imt4 ,the sentence against ,poppendick does not give any special reason for exceeding the maximum penalty4 ,,ii4 ,more lenient evaluation of the group of persons within the ,,ss who only knew about crimes without1 however1 being involved in them ,the sentence of the ,international ,military ,tribunal declares punishable in the sense of the statute 8the group composed of those persons who were officially admitted as members 99 99 99 in the ,,ss1 became or remained members of the organization knowing that use was made of them for committing acts declared punishable by ,article #f of the ,statute1 or who were involved in committing such crimes as members of the organization40 ,according to a reasonable interpretation of this provision1 if mere membership is punished1 one has to differentiate between those persons involved in committing such crimes and those persons only knowing about the commission of such crimes within the ,,ss4 ,according to a sound sense of justice1 the provided maximum penalty for membership in the ,,ss cannot possibly be valid for both groups of persons4 ,on the contrary1 the group having only knowledge has to be punished more lightly than the group involved in crimes4 ,a penalty inferior to the provided maximum penalty has1 therefore1 to be imposed on the first mentioned persons among the ,,ss members called to account4 ,the ,tribunal clearly stated that the defendant ,helmut ,poppendick was not involved in the crimes of the ,,ss and1 in this way1 made it clear that not even on account of his rank or official position was he able to prevent crimes4 ,the ,tribunal only tried to impute knowledge on the part of the defendant ,poppendick of definite experiments specified in the indictment4 ,for this reason the maximum penalty should not be imposed in the case of the defendant ,poppendick4 ,,iii4 ,knowledge of the defendant ,poppendick ,the ,tribunal imputed to the defendant ,poppendick1 who was ,oberfuehrer of the ,waffen ,,ss and ,obersturmbannfuehrer of the ,general ,,ss3 7#a7 knowledge of freezing experiments2 7#b7 sulfanilamide experiments2 7#c7 sterilization experiments2 7#d7 incendiary bomb experiments2 7#e7 phlegmon experiments1 without1 however1 being criminally involved in them4 7#a7 ,knowledge of freezing experiments is imputed to the defendant ,poppendick because he was subsequently invited to participate in a conference between ,grawitz and ,dr4 ,rascher in ,january #aidc4 ,as ,rascher was at that time an officer in the ,luftwaffe and all his collaborators were not members of the ,,ss1 this series of experiments 7at least in ,january #aidc7 cannot be interpreted as a series of experiments within the ,,ss and consequently as crimes of the ,,ss4 ,there is no proof of knowledge of such experiments after ,january #aidc4 7#b7 ,the defendant ,poppendick knew as much about ,professor ,gebhardt's sulfanilamide experiments as ,professor ,rostock who was acquitted by the same ,tribunal1 i4e41 that prisoners sentenced to death were used for these experiments4 7#c7 ,knowledge of sterilization experiments is imputed to the defendant ,poppendick by means of a simple assumption1 although the ,tribunal pointed out in several passages of the judgment that a mere assumption of guilt1 in our case of knowledge1 is insufficient4 ,poppendick only worked in the ,race and ,settlement ,office as a doctor dealing with hereditary questions for members of the ,,ss and their families2 as medical superintendent he had to supervise this activity and the social welfare doctors4 ,these matters were purely internal ,,ss affairs4 ,if the ,race and ,settlement ,office occasionally dealt1 amongst other measures1 with one of racial policy through its field offices1 the doctors were not involved in any case1 and there is not the least indication that ,poppendick knew or ought to have known about such measures4 ,even the judgment itself reveals to what extent the real sterilization experiments were kept secret4 7#d7 ,on page #aab 7,german71 the ,tribunal points out1 that in conferences concerning sterilization experiments 7,poppendick never took part in such conferences7 each participant had to undertake to maintain absolute secrecy4 ,neither the defendant ,poppendick's statement nor the evidence submitted reveal that ,poppendick had any knowledge of sterilization experiments1 let alone of extermination measures4 7#e7 ,in the case of the phlegmon experiments it has not been proved that ,poppendick had any knowledge of them4 ,here1 too1 the assertion that he had such knowledge is based on a mere assumption4 ,it has1 however1 nowhere been proved that defendant ,helmut ,poppendick knew about the experiments in such a way as to necessitate his realizing that non-,germans were being used for such experiments4 ,in its verdict the ,tribunal has consistently followed the principle that it must be proved that crimes were committed on non-,german nationals 7see pp4 #ej1 #ea1 #gj1 #ia1 #ajc1 #aca1 #afj1 ,german text74 ,in contrast to this the ,tribunal left open the question as to how far the state is entitled to carry out experiments on its own citizens2 it stated when dealing with the question of guilt3 899 99 99 whatever right a state may have concerning its own citizens0 7see pp4 #aad1 #aie1 ,german74 ,the ,tribunal1 therefore1 in all essentials confined itself to the question of to what extent crimes were committed on non-,germans4 ,no conclusive evidence has been brought against defendant ,helmut ,poppendick in each single case to prove his knowledge of experiments carried out on non-,germans4 ,in reality1 nothing is more suitable to explain under whatever point of view we have to look at defendant ,poppendick's knowledge of experiments1 than his words at the end of the trial3 8,as to medical experiments on prisoners1 human experiments were nothing striking and nothing new to me4 ,i knew that experiments were being conducted in hospitals4 ,i knew that the triumphs of modern medicine had not been achieved without sacrifices4 ,i admit ,i cannot remember that in experiments in hospitals1 the voluntary participation of the experimental subjects had to be such an indispensable and obvious prerequisite1 as it appears to be according to the argumentation heard in this trial4 ,furthermore1 ,i know that some scientific questions can only be solved by serial experiments in an unchanging environment1 and that1 therefore1 in all countries1 experiments are often conducted1 particularly on soldiers in camps4 ,under these circumstances ,i was not at all surprised that during the war serial examinations and experiments were also carried out by scientists in concentration camps4 ,i had not the slightest reason to assume that these scientists in the camps went beyond what was usual everywhere else in the world of science4 ,as far as ,i was concerned1 what ,i knew about medical experiments in the ,,ss had just as little to do with criminal acts as the experiments about which ,i knew from my internship before #aicc40 ,,iv4 ,consequences for future jurisdiction arising from the penalties imposed by the sentence on ,poppendick ,the sentence imposed on ,helmut ,poppendick for his membership in the ,,ss is altogether the first sentence in the ,american ,zone against an ,,ss member of this kind4 ,therefore1 it has to be regarded as a precedent for all military tribunals and possibly1 later on1 for ,german courts1 whose task it will be to punish members of criminal organizations4 ,to sum up its consequences1 the sentence creates a precedent1 that-- #a4 ,every ,,ss leader with a rank higher than ,poppendick's1 who knew of ,,ss crimes committed on ,germans and non-,germans1 can1 on principle1 only be sentenced to the maximum penalty4 #b4 ,every member of the ,,ss involved in crimes can be sentenced up to this maximum penalty again only on account of his ,,ss membership4 ,what penalty can1 for example1 be inflicted on an ,,ss ,obergruppenfuehrer who saw how the gas chambers were run at ,auschwitz1 without1 however1 being otherwise involved in the extermination of the ,jews2 a man thus having1 so to speak1 the highest degree of knowledge derived from ,,ss membership8 ,it is obvious that such a sentence as the one passed on ,poppendick deprives future tribunals of all latitude of discretion1 transforms the maximum penalty into the average penalty1 and in this way renders the recommendation of the ,,imt absurd4 ,v4 ,prevention of further possibilities of appeal ,the defendant ,poppendick1 whose domicile is in the ,british ,zone1 would consequently under normal circumstances have to be tried by a tribunal 7,spruchgericht7 set up in the meantime in consequence of the ,british ,ordinance ,no4 #fi4 ,because he has been sentenced by a ,nuernberg ,military ,tribunal as a member of an organization declared criminal he loses the two further appeals provided for by ,ordinance ,no4 #fi and its implementation regulations for the ,british ,zone4 ,therefore this is the only legal way still open to him to state his case4 ,,vi4 ,personal ,conditions ,i make the following application for reduction of penalty with even greater emphasis1 because the defendant has already been amply punished for his ,,ss membership4 ,his family has lost all its property and has not a pfennig left4 ,his wife must support her four little children aged #c to #g by the labor of her hands under the most primitive conditions1 without having a chance during her husband's entire term of imprisonment to obtain the slightest financial assistance for herself and her children4 ,the defendant used his considerable abilities as a physician to help many people1 both ,germans and foreigners1 during the long years of his medical practice1 without ever even mentioning this during the trial1 because it is a physician's duty to help suffering humanity4 ,the defendant1 who is not involved in the crimes dealt with by this ,tribunal1 suffers sufficiently under his outward discrimination as an ,,ss member4 ,in view of all these circumstances and with the request for careful examination of the case1 ,i make in conclusion the ,application #a4 ,for the sentence of imprisonment for ten years inflicted on defendant ,helmut ,poppendick to be reduced to a tolerable term of imprisonment1 perhaps to be commuted into a shorter term of confinement in a labor camp1 and at the same time #b4 ,for the #b years' detention already served by the defendant to be included in the then newly-determined term of imprisonment4 ,signature ,g4 ,,boehm1 ,attorney-at-,law4 ----- #ei ,according to ,german terminology a 8,referent0 7plural3 8,referenten07 is an official with expert knowledge of a specialized subject in a government or private organization4 ,,xiv4 ,,affirmation ,,of ,,sentences ,,by ,,the ,,military ,,governor ,,of ,,the ,,united ,,states ,,zone ,,of ,,occupation ,,office ,,of ,,military ,,government ,,for ,,germany 7,u4 ,s47 ,office of the ,military ,governor ,,apo #gdb ,berlin1 ,germany #bb ,november #aidg ,,ag #jac4 #c 7,,ld7 ,,subject3 ,petitions for ,review and for ,habeas ,corpus in the case of the ,united ,states of ,america v4 ,karl ,brandt et al41 ,case #a1 ,military ,tribunal ,i1 ,nuernberg1 ,germany 7,medical ,case7 ,,to3 ,secretary ,general ,military ,tribunals ,,apo #fif-;,a1 ,u4,s4 ,army #a4 ,inclosed herewith you will find original orders denying petitions for clemency submitted by the following persons convicted in ,case ,number #a before ,military ,tribunal ,i3 ,karl ,brandt ,siegfried ,handloser ,oskar ,schroeder ,karl ,genzken ,karl ,gebhardt ,rudolf ,brandt ,joachim ,mrugowsky ,helmut ,poppendick ,wolfram ,sievers ,gerhard ,rose ,viktor ,brack ,hermann ,becker-,freyseng ,waldemar ,hoven ,wilhelm ,beiglboeck ,herta ,oberheuser ,fritz ,fischer #b4 ,please formally advise the petitioners through their respective attorneys of the action taken by the ,military ,governor upon these petitions4 ,,for ,,the ,,military ,,governor3 ,signed ,g4 ,h4 ,garde ,g4 ,h4 ,,garde ,lieutenant ,colonel1 ,,agd ,adjutant ,general ,incls3 a_/s ,telephone ,,berlin #dbcfa ,,headquarters1 ,,european ,,command ,office of the ,commander-in-,chief ,,apo #gdb ,berlin1 ,germany ,in the ,case of ,military ,tribunal ,i ,the ,united ,states of ,america ,case ,no4 #a vs4 ,karl ,brandt1 et alii ,order with ,respect to ,sentence of ,karl ,brandt ,in the case of the ,united ,states of ,america against ,karl ,brandt et alii1 tried by ,united ,states ,military ,tribunal ,i1 ,case ,no4 #a1 ,nuernberg1 ,germany1 the defendant1 ,karl ,brandt1 on #bj ,august #aidg1 was sentenced by the ,tribunal to death by hanging4 ,a petition to modify the sentence1 filed on behalf of the defendant by ,dr4 ,r4 ,servatius1 his defense counsel1 has been referred to me pursuant to the provision of ,military ,government ,ordinance ,no4 #g4 ,i have duly considered the petition and the record of the trial and in accordance with ,article ,,xvii of said ,ordinance it is hereby ordered that3 #a4 ,the sentence imposed by ,military ,tribunal ,i upon ,karl ,brandt be1 and hereby is1 in all respects1 confirmed4 #b4 ,pending action on petitions filed by the defendant with authorities other than the ,office of ,military ,government for ,germany1 7,u4,s471 the execution of the death sentence be stayed until further order by me4 #c4 ,the defendant be confined until further order in ,war ,crimes ,prison ,no4 #a1 ,landsberg1 ,bavaria1 ,germany4 ,signed ,lucius ,d4 ,clay ,,lucius ,d4 ,,clay ,general1 ,u4,s4 ,army ,commander-in-,chief1 ,european ,command and ,military ,governor ,,headquarters1 ,,european ,,command ,office of the ,commander-in-,chief ,,apo #gdb ,in the ,case of ,the ,united ,states of ,america vs4 ,karl ,brandt1 et alii ,military ,tribunal ,i ,case ,no4 #a ,order with respect to sentence of ,siegfried ,handloser#fj ,in the case of the ,united ,states of ,america against ,karl ,brandt1 et alii1 tried by ,united ,states ,military ,tribunal ,i1 ,case ,no4 #a1 ,nuernberg1 ,germany1 the defendant ,siegfried ,handloser1 on #bj ,august #aidg1 was sentenced by the ,tribunal to life imprisonment4 ,a petition to modify the sentence1 filed on behalf of the defendant by ,dr4 ,otto ,nelte1 his defense counsel1 has been referred to me pursuant to the provisions of ,military ,government ,ordinance ,no4 #g4 ,i have duly considered the petition and the record of the trial and in accordance with ,article ,,xvii of said ,ordinance1 it is hereby ordered that3 a4 the sentence imposed by ,military ,tribunal ,i1 on ,siegfried ,handloser be1 and hereby is1 in all respects confirmed2 b4 the defendant be confined in ,war ,crimes ,prison ,no4 #a1 ,landsberg1 ,bavaria1 ,germany4 ,signed ,lucius ,d4 ,clay ,,lucius ,d4 ,,clay ,general1 ,u4,s4,a4 ,commander-in-,chief1 ,european ,command and ,military ,governor ----- #fj ,the sentences imposed upon the remaining #ad defendants were confirmed in all respects by the ,military ,commander of the ,united ,states ,zone of ,occupation by identical orders4 ,,xv4 ,,order ,,of ,,the ,,united ,,states ,,supreme ,,court ,,denying ,,writ ,,of ,,habeas ,,corpus ,monday1 #af ,february #aidh ,no4 #bhf1 ,misc4 ,karl ,brandt1 petitioner1 v4 ,the ,united ,states of ,america2 ,no4 #bhg1 ,misc4 ,viktor ,brack1 petitioner1 v4 ,the ,united ,states of ,america2 ,no4 #bhh1 ,misc4 ,rudolf ,brandt1 petitioner1 v4 ,the ,united ,states of ,america2 ,no4 #bii1 ,misc4 ,wilhelm ,bieglboeck1 petitioner1 v4 ,the ,united ,states of ,america4 ,the motions for leave to file petitions for writs of habeas corpus and prohibition are denied4 ,mr4 ,justice ,black1 ,mr4 ,justice ,murphy1 and ,mr4 ,justice ,rutledge are of the opinion that the petitions should be set for hearing on the question of the jurisdiction of this ,court4 ,mr4 ,justice ,jackson took no part in the consideration or decision of these applications4#fa ,the execution of death sentences imposed on ,karl ,brandt1 ,rudolf ,brandt1 ,karl ,gebhardt1 ,joachim ,mrugowsky1 ,viktor ,brack1 ,wolfram ,sievers1 and ,waldemar ,hoven were ordered on #ad ,may #aidh by the ,military ,governor4 ,executions were carried out at ,landsberg prison on #b ,june #aidh4 ----- #fa ,the motions for leave to file petitions for writs of habeas corpus and prohibition in the case of the other defendants were also denied4 ,,appendix ,table of ,comparative ,ranks ,u4 ,s4 ,german ,u4 ,s4 ,navy ,german ,med4 ,,ss ,,sa ,army ,army ,navy ,svcs47,a7 #b;d ,leutnant ,ensign ,leutnant ,assistenza ,untersturm ,sturmfuehr ,lieuten zur ,see rzt fuehrer er4 ant #ast ,oberleutn ,lieutenant ,oberleutna ,oberarzt ,obersturmf ,obersturmf ,lieuten ant 7junior nt zur uehrer uehrer4 ant grade7 ,see ,captain ,hauptmann ,lieutenant ,kapitaenle ,stabsarzt ,hauptsturm ,hauptsturm 7senior utnant fuehrer fuehrer4 grade7 ,major ,major ,lieutenant ,korvettenk ,oberstabsa ,sturmbannf ,sturmbannf ,commande apitaen rzt uehrer uehrer4 r ,lieutenan ,oberstleu ,commander ,fregattenk ,oberfeldar ,obersturmb ,obersturmb t tnant apitaen zt annfuehrer annfuehrer ,colonel 4 ,colonel ,oberst ,captain ,kapitaen ,oberstarzt ,standarten ,standarten zur ,see fuehrer fuehrer ,oberfuehre ,oberfuehre r 7,b7 r 7,c74 ,brigadier ,generalma ,commodore ,konteradmi ,generalarz ,brigadefue ,brigadefue ,general jor ral t hrer hrer4 ,major ,generalle ,rear ,vizeadmira ,generalsta ,gruppenfue ,gruppenfue ,general utnant ,admiral l bsarzt hrer hrer4 ,lieutenan ,general ,vice ,admiral ,generalobe ,obergruppe ,obergruppe t der ,admiral rstabsarzt nfuehrer nfuehrer4 ,general ,infante rie1 der ,artille rie1 etc4 ,general ,generalob ,admiral ,generaladm ,oberstgrup erst iral penfuehrer 4 ,general ,generalfe ,admiral of ,grossadmir ,reichsfueh ,stabschef4 of the ldmarscha the al rer ,army ll ,fleet 7,a7 ,ranks for the ,medical ,service of the ,german ,army and the ,german ,air ,force are identical4 ,ranks for the ,medical ,service of the ,german ,navy differ somewhat but are for the most part immaterial here4 ,dr4 ,fikentacher held the rank of ,admiraloberstabsarzt which is equivalent to that of ,generaloberstabsarzt4 7,b7 ,equivalent to a senior ,colonel4 7,c7 ,same as ,b above4 ,list of ,witnesses in ,case ,i ,note4--,all witnesses in this case appeared before the ,tribunal4 ,prosecution witnesses are designated by the letter 8,p01 defense witnesses by the letter 8,d01 and the ,tribunal witness by the letter 8,t04 ,the names not preceded by any designation represent defendants testifying in their own behalf4 ,extracts from testimony in this case are listed in the index of documents and testimony4 ,pages ,name ,dates of testimony 7mimeographed transcript7 ,p,,alexander1 ,dr4 ,leo #bj ,dec #df #hje-had2 #hcb-hch2 #hdh-hee2 #hfd-hfi ,d,,augustinick1 ,dr4 #bg1 #bh ,feb #dg #cgja-cgcg ,herbert ,,becker-,,freyseng1 #ai1 #bj1 #ba1 #bb1 #bc1 #bg1gggd-hbdc2 #hbee-hbib ,hermann #bh1 #bi ,may #df ,,beiglboeck1 ,wilhelm #f1 #i1 #aj1 #aa1 #ab1 #ag #hfff-ijbh2 #icbf-icbh ,jun #df ,d,,block1 ,maria ,lotte #af1 #ag ,apr #dg #fjjb-fjca ,,blome1 ,kurt #ac1 #ad1 #ag1 #ah1 #ai1 #bj1ddej-dhaa #ba ,mar #dg ,d,,borkenau1 ,franz #ad1 #ae ,apr #dg #ehij-eijh ,,brack1 ,viktor ,hermann #ab1 #ac1 #ad1 #ae1 #af1 #ai #gdac-gggb ,may #dg ,,brandt1 ,karl #c1 #d1 #e1 #f1 #g ,feb #dg #bcja-bffa ,,brandt1 ,rudolf #bd1 #be1 #bf ,mar #dg #dhfi-diid ,p,,broel-,,plater1 ,maria #ai1 #bj ,dec #df #ghe-hjd ,p,,broers1 ,constantyn #cj ,jun #dg #ajchf-ajdjf ,johan ,d,,christensen1 ,heinz #bd ,feb #dg #cdcj-cded ,d,,dorn1 ,paul ,friedrich #e1 #f ,jun #dg #hegd-hffe ,p,,dzido1 ,jadwiga #bj ,dec #df #hch-hdh ,p,,eyer1 ,olga #ae ,jan #dg #agee-aggi ,,fischer1 ,fritz #aj1 #aa1 #ab ,mar #dg #dbff-dchd ,,gebhardt1 ,karl #d1 #e1 #f1 #g1 #aj ,mar #dg #cica-dbef ,,genzken1 ,karl #bh ,feb2 #c ,mar #dg #cggc-chia ,p,,grandjean1 ,henri-,jean #f ,jan #dg #ajii-aaje2 #aaai-aabj ,d,,gutzeit1 ,kurt #g1 #aj ,feb #dg #bfib-bgfd ,d,,haagen1 ,eugen #ag1 #ah1 #ai1 #bj ,jun #dg #idjh-igab ,p,,hall1 ,ferdinand #c ,jan #dg #ajdh-ajgc ,,handloser1 ,siegfried #aa1 #ab1 #ac1 #ah ,feb #dg #bhae-cajd ,d,,hartlenben1 ,hans #ai ,feb #dg #cahi-cbca ,d,,hederich1 ,karl ,heinz #h1 #i ,may #dg #gbfb-gbia ,p,,henri ,,pierre1 ,henri #ah ,dec #df #gjh-gbb ,d,,hielscher1 ,friedrich #ae1 #af ,apr #dg #eibf-eiid ,p,,hirtz1 ,georg #h ,jan #dg #abia-acjj ,p,,hoellenrainer1 ,karl #bg ,jun #dg2 #a ,jul #dg #ajbbi-ajbcd2 #ajejh-ajedd ,d,,hoering1 ,felix #ag ,apr #dg #fjca-fjgh ,d,,horn1 ,videslaw #ca ,mar1 #a ,apr #dg #ebde-eccc ,,hoven1 ,waldemar #ba1 #bc1 #bd ,jun #dg #igfa-ajjjd ,p,,ivy1 ,dr4 ,andrew ,conway #ab1 #ac1 #ad1 #af ,jun #dg #ijbi-icbd ,d,,jaeger1 ,rolf #bh ,may #dg #hbdd-hbee ,d,,jentsch1 ,werner #bf ,feb #dg #cehb-cfjb ,d,,jung1 ,friedrich #bf ,jun #dg #ajadh-ajaed ,d,,karlstetter1 ,maria #be ,feb #dg #cdee-cdfa ,p,,karolewska1 ,vladislava #bj ,dec #df #hae-hcb ,p,,kirchheimer1 ,fritz #h1 #i ,jan #dg #acba-acdh ,d,,koch1 ,ernst #bf ,jun #dg #ajabj-ajadd ,p,,kogon1 ,dr4 ,eugen #f1 #g1 #h ,jan #dg #aaej-abij ,d,,kosmehl1 ,dr4 ,herbert #ab ,mar #dg #dchg-dddf ,p,,kusmierczuk1 ,maria #bj ,dec #df #hef-hfd ,d,,lammers1 ,hans ,heinrich #g ,feb #dg #bffa-bfib ,p,,laubinger1 ,josef #bg ,jun #dg #ajaih-ajbbi ,p,,leibbrandt1 ,werner #bg ,jan #dg #aifa-bjbh ,p,,levy1 ,robert #ag ,dec #df #eej-efa ,p,,lutz1 ,wolfgang #ab ,dec #df #bff-cjh ,p,,maczka1 ,sofia #aj ,jan #dg #adcj-adfb ,d,,may1 ,eduard #ad ,apr #dg #ehfi-ehhi ,d,,meine1 ,august #ba1 #bd ,mar #dg #dhca-dhfg ,d,,mettbach1 ,ernst #ba ,jun #dg #igad-igeg ,p,,mennecke1 ,fritz #af1 #ag ,jan #dg #ahff-aidf ,p,,michalowski1 ,father ,leo#ba ,dec #df #hga-hhf ,,mrugowsky1 ,joachim #bf1 #bg1 #bh1 #ca ,mar #dg2 #ejjj-ebdd2 #eccd-edfd #a1 #b1 #c ,apr #dg ,p,,nales1 ,gerrid ,hendrick #cj ,jun #dg #ajdji-ajdga ,t,,neff1 ,walter #ag1 #ah ,dec #df #eie-fie ,,oberheuser1 ,herta #c1 #h ,apr #dg #edgh-eebh ,d,,pfannmueller1 ,hermann #i1 #ab ,may #dg #gbia-gdab ,d,,pieck1 ,henry #bj ,mar #dg #dgbb-dgee ,,pokorny1 ,adolf #be1 #bf ,jun #dg #ajjjg-ajaji ,,poppendick1 ,helmut #h1 #i ,apr #dg #eecj-efea ,p,,roemhild1 ,ferdinand #ad ,jan #dg #afbg-affd ,,romberg1 ,hans ,wolfgang #a1 #b1 #e1 #f ,may #dg #fgfd-gjcb;,a ,,rose1 ,gerhard #ah1 #ba1 #bb1 #bc1 #bd1 #be #fjha-fdhd ,apr #dg ,,rostock1 ,paul #bj1 #ba1 #bd ,feb #dg #cbeh-cdcj ,,ruff1 ,siegfried #be1 #bh1 #bi1 #cj ,apr #dg #fdij-fgci ,,sievers1 ,wolfram #i1 #aj1 #aa1 #ad ,apr #dg #efef-ehfi ,,schaefer1 ,konrad #b1 #d ,jun #dg #hcdi-hcii2 #hdid-hega ,d,,schmidt1 ,bernhard #ai ,feb #dg #cadd-cahh ,p,,schmidt1 ,edith #i ,jan #dg #acfd-achc ,p,,schmidt1 ,walter ,eugen #af ,jan #dg #ahaf-ahfc ,,schroeder1 ,oskar #be1 #bf1 #bg ,feb #dg #cdfi-cehb2 #cfjb-cgjj ,p,,stoehr1 ,heinrich #ag ,dec #df #egd-eid ,wilhelm ,d,,topf1 ,erwin #ae ,apr #dg #eijh-eibd ,d,,trux1 ,rudolf #bf ,jun #dg #ajaaj-ajabj ,p,,tschofenig1 ,joseph #ag ,jun #dg #icbi-icfc ,p,,vieweg1 ,august ,heinrich#ac1 #af ,dec #df #dah-dfh ,d,,vollhardt1 ,franz #c ,jun #dg #hdjj-hdij ,p,,vorlicek1 ,joseph #ag ,jun #dg #ichc-idjg ,,weltz1 ,georg ,august #f1 #g1 #h ,may #dg #gjce-gbed ,d,,witt1 ,fritz #bh ,feb #dg #cgdj-cgec ,d,,wuerfler1 ,paul #ah1 #ai ,feb #dg #cajd-cadd ,,index ,,of ,,documents ,,and ,,testimony ,document ,no4 ,exhibit ,no4 ,description ,vol-,page ,,no-#jje ,pros4 ,ex4 #bgi ,letter from ,grawitz to ,i-#cdd ,himmler1 #bb ,november #aidd1 requesting prisoners for experiments4 ,,no-#jaa ,pros4 ,ex4 #ahh ,note from ,himmler to ,grawitz1 ,i-#ejd #af ,june #aidc1 concerning epidemic jaundice experiments at concentration camp ,sachsenhausen4 ,,no-#jah ,pros4 ,ex4 #djd ,letter from ,himmler to ,brack1 ,i-#hef #ai ,december #aidj1 requesting that euthanasia station ,grafeneck be discontinued and that motion pictures be shown to dispel rumors4 ,,no-#jce ,pros4 ,ex4 #adb ,letter from ,pokorny to ,i-#gac ,himmler1 ,october #aida1 concerning a sterilization drug to be used against ,germany's enemies4 ,,no-#jcf ,pros4 ,ex4 #adc ,letter from ,himmler1 #aj ,march ,i-#gad #aidb1 to ,pohl 7initialed by ,rudolf ,brandt7 concerning a sterilization drug and suggesting further research on criminals4 ,,no-#jch ,pros4 ,ex4 #adg ,letter from ,rudolf ,brandt to ,i-#gae ,pohl1 ,june #aidb1 transmitting an inquiry by ,himmler as to the progress made with experiments for medical sterilization4 ,,no-#jci ,pros4 ,ex4 #aec ,letter from ,gund to ,himmler1 ,i-#gag #bd ,august #aidb1 concerning research in medical sterilization and development of sterilization drugs4 ,,no-#jdf;a ,pros4 ,ex4 #adh ,letter from ,pohl to ,himmler1 ,i-#gaf #c ,june #aidb1 concerning the development of a sterilization drug by the firm of ,dr4 ,madaus and ,co4 ,,no-#jdf;b ,pros4 ,ex4 #adi ,letter from ,rudolf ,brandt to ,i-#gag ,pohl1 #aa ,june #aidb1 asking him on behalf of ,himmler to set up a large hothouse for the development of a sterilization drug4 ,,no-#jhj ,pros4 ,ex4 #e ,fuehrer ,decree1 #bh ,july #aidb1 ,i-#ha concerning the ,medical and ,health ,services4 ,,no-#jha ,pros4 ,ex4 #f ,second ,fuehrer ,decree1 #e ,i-#hc ,september #aidc1 concerning the ,medical and ,health ,services1 #aidc4 ,,no-#jhb ,pros4 ,ex4 #g ,fuehrer ,decree1 #be ,august ,i-#hc #aidd1 concerning the appointment of a ,reich ,commissioner for ,medical and ,health ,services1 #aidd4 ,,no-#jhe ,pros4 ,ex4 #age ,letter from ,sievers to ,rudolf ,i-#ghd ,brandt1 #i ,february #aidb1 and report by ,hirt concerning the acquisition of skulls of ,jewish-,bolshevik ,commissars4 ,,no-#jhf ,pros4 ,ex4 #agg ,letter from ,sievers to ,rudolf ,i-#gej ,brandt1 #b ,november #aidb1 requesting with ,himmler's approval1 #aej skeletons4 ,,no-#jhg ,pros4 ,ex4 #aha ,letter from ,sievers to ,i-#gea ,eichmann1 7copy to ,rudolf ,brandt71 #ba ,june #aidc1 concerning selection of subjects for a skeleton collection4 ,,no-#jih ,pros4 ,ex4 #bfc ,memorandum from ,sievers to ,i-#ccg ,rudolf ,brandt1 #c ,november #aidb1 concerning research in the ,natzweiler concentration camp4 ,,no-#jii ,pros4 ,ex4 #bfh ,report by ,hirt and ,wimmer on ,i-#cda the proposed treatment of poisoning caused by ,lost gas4 ,,no-#aba ,pros4 ,ex4 #bic ,letter from ,haagen to ,hirt1 ,i-#egh #ae ,november #aidc1 concerning prisoners to be used as experimental subjects for tests with typhus vaccine4 ,,no-#abb ,pros4 ,ex4 #bih ,letter dictated by ,rose1 ,i-#egi addressed to ,haagen1 #ac ,december #aidc1 concerning experimental subjects for vaccine experiments4 ,,no-#abc ,pros4 ,ex4 #cjc ,letter from ,haagen to ,hirt1 #i ,i-#ehj ,march #aidd1 concerning experiments conducted with typhus vaccine and requesting experimental subjects4 ,,no-#abe ,pros4 ,ex4 #aid ,letter from ,haagen to ,i-#ejf ,gutzeit1 #bg ,june #aidd1 concerning epidemic jaundice experiments on human beings4 ,,no-#aci ,pros4 ,ex4 #cag ,letter from ,dr4 ,grunske to ,i-#eha ,haagen1 #g ,march #aidd1 concerning reports on yellow fever virus experiments requested by a ,japanese medical officer4 ,,no-#aeh ,pros4 ,ex4 #daj ,letter from ,hirche1 ,i-#heh administrator of the ,mental ,institution ,bernburg1 to camp commandant of the ,gross-,rosen concentration camp1 #ai ,march #aidb1 with list of inmates transferred from the concentration camp to ,bernburg4 ,,no-#agg ,pros4 ,ex4 #acc ,minutes of conference at the ,i-#ddh ,reich ,ministry of ,aviation1 #bj ,may #aidd1 concerning methods for making sea water potable4 ,,no-#ahb ,pros4 ,ex4 #acg ,letter from ,sievers to ,i-#ded ,grawitz1 #bd ,july #aidd1 concerning experiments of the potability of sea water4 ,,no-#ahc ,pros4 ,ex4 #acf ,teletype from ,rudolf ,brandt ,i-#dec to ,grawitz1 undated1 concerning experimental subjects4 ,,no-#ahd ,pros4 ,ex4 #acb ,letter from the ,technical ,i-#ddg ,office of the ,reich ,minister of ,aviation 7,goering7 to ,himmler's office1 #ae ,may #aidd1 concerning methods to render sea water potable4 ,,no-#ahe ,pros4 ,ex4 #acd ,letter from ,schroeder to ,i-#deb ,himmler and ,grawitz1 #g ,june #aidd1 requesting subjects for sea-water experiments4 ,,no-#aic ,pros4 ,ex4 #bfd ,letter from ,sievers to ,rudolf ,i-#cdj ,brandt1 #bb ,april #aidc1 regarding prevention of ,dr4 ,wimmer's transfer to active duty with the air force4 ,,no-#bja ,pros4 ,ex4 #bij ,report from ,mrugowsky to the ,i-#fce ,criminological ,institute1 #ab ,september #aidd1 concerning experiments with aconitine nitrate projectiles4 ,,no-#bjc ,pros4 ,ex4 #afa ,covering letter from ,brack to ,i-#gai ,himmler1 #bh ,march #aida1 with report on experiments concerning sterilization and castration by ,x-rays4 ,,no-#bje ,pros4 ,ex4 #afc ,letter from ,brack to ,himmler1 ,i-#gba #bc ,june #aidb1 proposing sterilization of two to three million ,jews4 ,,no-#bjf ,pros4 ,ex4 #afd ,letter from ,himmler ,i-#gbb 7counter-signed by ,rudolf ,brandt71 #aa ,august #aidb1 addressed to ,brack1 concerning ,himmler's interest in sterilization experiments4 ,,no-#bjh ,pros4 ,ex4 #aff ,letter from ,blankenburg to ,i-#gbc ,himmler1 #bi ,april #aidd1 regarding employment of ,dr4 ,horst ,schumann on experiments concerning the influence of ,x-rays on human genital glands in connection with similar experiments conducted at concentration camp ,auschwitz4 ,,no-#baa ,pros4 ,ex4 #afi ,letter from ,professor ,i-#gbd ,clauberg to ,himmler1 #cj ,may #aidb 7referring to a letter from ,rudolf ,brandt71 concerning the urgency of research into biological propagation and sterilization without operation1 and draft of a 8,research ,institute for ,biological ,propagation04 ,,no-#bab ,pros4 ,ex4 #agc ,letter from ,professor ,i-#gcj ,clauberg to ,himmler1 #g ,june #aidc1 reporting on research in connection with the sterilization of women4 ,,no-#bac ,pros4 ,ex4 #aga ,letter from ,rudolf ,brandt to ,i-#gbi ,clauberg1 #aj ,july #aidb1 transmitting instructions of ,himmler to perform sterilizations on ,jewesses at concentration camp ,ravensbrueck4 ,,no-#baf ,pros4 ,ex4 #agj ,memorandum of ,rudolf ,brandt1 ,i-#gbh ,july #aidb1 on a discussion between ,himmler1 ,gebhardt1 ,gluecks1 and ,clauberg concerning sterilization experiments conducted on ,jewesses4 ,,no-#bah ,pros4 ,ex4 #ef ,letter from ,rascher to ,i-#aej ,himmler1 #af ,april #aidb1 reporting on high-altitude experiments with fatal results and on experiments conducted together with ,romberg4 ,,no-#bbj ,pros4 ,ex4 #fa ,letter from ,rascher to ,i-#aeb ,himmler1 #aa ,may #aidb1 and secret report concerning high-altitude experiments4 ,,no-#bbd ,pros4 ,ex4 #gf ,note by ,romberg on showing of ,i-#agd film in office of ,state ,secretary ,milch1 and proposed report to ,milch1 #aa ,september #aidb4 ,,no-#bbg ,pros4 ,ex4 #aa ,fuehrer ,decree of #g ,august ,i-#hd #aidd concerning the reorganization of the ,medical ,services of the ,wehrmacht4 ,,no-#bbh ,pros4 ,ex4 #bjf ,affidavit of defendant ,i-#cga ,fischer1 #ai ,november #aidf1 concerning sulfanilamide experiments conducted in the concentration camp ,ravensbrueck4 ,,no-#bca ,pros4 ,ex4 #aaf ,letter from ,rascher to ,i-#bee ,sievers1 #ag ,may #aidc1 concerning a conference with ,gebhardt on freezing experiments4 ,,no-#bcd ,pros4 ,ex4 #hc ,letter from ,rascher to ,i-#bai ,himmler1 #aj ,september #aidb1 transmitting intermediate report on freezing experiments 7#afah-,,ps74 ,,no-#bdd ,pros4 ,ex4 #bja ,letter from ,himmler 7signed ,i-#ggj by ,rudolf ,brandt7 to ,greiser1 #bg ,june #aidb1 concerning the extermination of tubercular ,poles4 ,,no-#bdf ,pros4 ,ex4 #aif ,letter from ,greiser to ,i-#ggf ,himmler #a ,may #aidb1 concerning the plan for mass extermination of tubercular ,poles4 ,,no-#bdg ,pros4 ,ex4 #aig ,letter from ,koppe to ,rudolf ,i-#gfi ,brandt1 #c ,may #aidb1 concerning the killing of tubercular ,poles4 ,,no-#bej ,pros4 ,ex4 #bjc ,letter from ,blome to ,greiser1 ,i-#gga #ah ,november #aidb1 concerning the mass extermination of tubercular ,poles4 ,,no-#beg ,pros4 ,ex4 #bhc ,extract from the affidavit of ,i-#egb ,dr4 ,erwin ,schuler1 #bj ,july #aide1 concerning typhus experiments4 ,,no-#beg ,pros4 ,ex4 #bhc ,extract from a sworn ,i-#fhf statement by ,dr4 ,erwin ,schuler 7,ding71 #bj ,july #aide1 concerning euthanasia with phenol injection4 ,,no-#bfd ,pros4 ,ex4 #fj ,file note for ,,ss ,i-#aea ,obersturmfuehrer ,schnitzler1 #bh ,april #aidb4 ,,no-#bfe ,pros4 ,ex4 #bhg ,diary of the ,division for ,i-#eeg ,typhus and ,virus ,research at the ,institute of ,hygiene of the ,waffen ,,ss 7,ding diary7 #aida to #aide4 ,,no-#bfh ,pros4 ,ex4 #ajf ,letter from ,hippke to ,i-#beb ,himmler1 #ai ,february #aidc1 on freezing experiments in ,dachau4 ,,no-#bhe ,pros4 ,ex4 #hf ,letter from ,rascher to ,rudolf ,i-#bba ,brandt1 #c ,october #aidb1 stating that ,sievers would obtain four gypsy women for rewarming through body warmth4 ,,no-#bhf ,pros4 ,ex4 #hh ,letter from ,goering's office ,i-#bbc to ,himmler1 #h ,october #aidb1 with attached invitation to the conference on 8,medical ,problems ,arising from ,hardships of ,sea and ,winter40 ,,no-#bhi ,pros4 ,ex4 #gb ,letter from ,hippke to ,i-#agc ,himmler1 #h ,october #aidb1 thanking the latter for his assistance in high-altitude experiments in ,dachau4 ,,no-#bib ,pros4 ,ex4 #aaa ,letter from ,rascher to ,rudolf ,i-#bec ,brandt1 #d ,april #aidc1 reporting on dry-freezing experiments in ,dachau4 ,,no-#bii ,pros4 ,ex4 #aij ,letter from ,haagen to ,i-#eje ,schreiber1 #ab ,june #aidd1 concerning epidemic jaundice experiments4 ,,no-#cjc ,pros4 ,ex4 #cb ,table of organization of the ,i-#hh 8,ahnenerbe0 from the files of the ,ahnenerbe ,society4 ,,no-#cbj ,pros4 ,ex4 #ajc ,letter from ,sievers to ,i-#bdf ,brandt1 #bh ,january #aidc1 and ,rascher's report on his discussions with ,grawitz and ,poppendick4 ,,no-#cbb ,pros4 ,ex4 #aad ,letter from ,rascher to ,i-#bed ,keindl1 #bh ,april #aidc1 about previous freezing experiments conducted at ,sachsenhausen4 ,,no-#cbc ,pros4 ,ex4 #id ,memorandum of ,rascher on ,i-#bde women used for rewarming in freezing experiments1 #e ,november #aidb4 ,,no-#cfe ,pros4 ,ex4 #ejg ,unsigned draft letter from ,i-#hgj ,dr4 ,wetzel to ,rosenberg1 #be ,october #aida1 dealing with ,brack's collaboration in the construction of gas chambers for the extermination of ,jews4 ,,no-#cga ,pros4 ,ex4 #ahf ,affidavit of defendant ,rudolf ,i-#ejc ,brandt1 #ad ,october #aidf1 concerning experiments to determine the cause of epidemic jaundice4 ,,no-#djb ,pros4 ,ex4 #ff ,letter1 #bi ,september #aidb1 ,i-#aee and report1 #bh ,july #aidb1 from ,romberg and ,ruff to ,himmler concerning experiments on rescue from high altitudes4 ,,no-#dji ,pros4 ,ex4 #bdi ,report from ,grawitz to ,i-#feg ,himmler1 #bi ,august #aidb1 concerning experiments with biochemical remedies conducted at the ,dachau and ,auschwitz concentration camps4 ,,no-#dbb ,pros4 ,ex4 #cc ,letter from ,himmler to ,i-#hi ,sievers1 #g ,july #aidb1 concerning the establishment of an 8,institute for ,military ,scientific ,research0 within the ,ahnenerbe ,society4 ,,no-#dbf ,pros4 ,ex4 #afj ,extract from the affidavit of ,i-#hdb defendant ,brack1 #ad ,october #aidf1 describing administrative details and procedure of the ,euthanasia ,program4 ,,no-#dbh ,pros4 ,ex4 #ia ,report of #aj ,october #aidb1 on ,i-#bbf cooling experiments on human beings4 ,,no-#dbi ,pros4 ,ex4 #bha ,extract from the affidavit of ,i-#eee defendant ,hoven1 #bd ,october #aidf1 concerning typhus and virus experiments4 ,,no-#dbi ,pros4 ,ex4 #bha ,extracts from the affidavit ,i-#fhe of ,waldemar ,hoven1 #bd ,october #aidf1 concerning the killing of inmates by phenol and other means4 ,,no-#dbi ,pros4 ,ex4 #bha ,extract from the affidavit of ,i-#hdg defendant ,hoven1 #bd ,october #aidf1 concerning the transfer of concentration camp inmates to euthanasia stations for extermination4 ,,no-#dcb ,pros4 ,ex4 #aai ,letter from ,rascher to ,neff1 ,i-#beh #ba ,october #aidc1 concerning dry-freezing experiments4 ,,no-#dch ,pros4 ,ex4 #bdj ,report from the ,institute for ,i-#fgh ,military ,scientific ,research1 7,department ,dr4 ,rascher7 on 8,polygal #aj04 ,,no-#dda ,pros4 ,ex4 #bje ,affidavit of defendant ,rudolf ,i-#gge ,brandt1 #bd ,october #aidf1 concerning the plan to exterminate tubercular ,polish ,nationals4 ,,no-#dgb ,pros4 ,ex4 #bcd ,affidavit of the defendant ,i-#cgf ,fischer1 #ba ,october #aidf1 supplementing his affidavit concerning sulfanilamide experiments4 ,,no-#ebj ,pros4 ,ex4 #cgd ,letter from the chief of the ,i-#hed ,institution for feeble-minded in ,stetten to ,dr4 ,frank1 #f ,september #aidj1 requesting that euthanasia be carried out only after legal basis was created4 ,,no-#ega ,pros4 ,ex4 #bhe #aidc ,work ,report for ,i-#egc ,department for ,typhus and ,virus ,research4 ,,no-#egi ,pros4 ,ex4 #bhh ,extract from a report on the ,i-#fdd ,findings of #b ,january #aidd1 on a skin ointment--,r #ag--;for phosphorus burns4 ,,no-#faj ,pros4 ,ex4 #da ,inmates of the ,dachau ,i-#hih-ijj concentration camp in different stages of simulated altitude in the low-pressure chamber2 postmortem dissections of high altitude experimental subjects showing air bubbles in blood vessels in subarachnoid space of brain and under pleura of anterior chest wall4 7,see selections from photographic evidence of the prosecution47 ,,no-#fde ,pros4 ,ex4 #c ,table of organization of the ,i-#ia ,reich ,commissioner for ,health and ,medical ,services1 drawn by the defendant ,karl ,brandt4 ,,no-#fef ,pros4 ,ex4 #bdg ,memorandum by ,,ss ,i-#fhj ,obersturmbannfuerer ,wolff1 #h ,may #aidd2 letters from ,dr4 ,kahr to ,rascher1 #aj and #af ,december #aidc4 ,,no-#ffj ,pros4 ,ex4 #cgg ,note by ,sellmer1 #f ,december ,i-#hee #aidj1 describing the method of selection for euthanasia4 ,,no-#fij ,pros4 ,ex4 #abj ,list of research projects ,i-#bei from the files of the ,reich ,research ,council4 ,,no-#gid ,pros4 ,ex4 #bei ,letter from ,sievers to ,rudolf ,i-#ccf ,brandt1 #bg ,june #aidb1 concerning mustard gas and its effect on human beings4 ,,no-#hjg ,pros4 ,ex4 #ahe ,tank containing formaldehyde ,i-#ije-ijh for the preservation of corpses2 corpses assembled in tanks prior to dissection2 corpse showing incisions in preparation for dissection4 7,see selections from photographic evidence of the prosecution47 ,,no-#hdb ,pros4 ,ex4 #dje ,letter from ,brack to ,dr4 ,i-#heg ,schlegelberger1 #ah ,april #aida1 forwarding forms for euthanasia and suggesting that death notifications should not follow a stereotyped form4 ,,no-#hef ,pros4 ,ex4 #abe ,extracts from the review of ,i-#bhi the proceedings of the general military court in the case of the ,united ,states vs4 ,weiss1 ,ruppert1 et al41 held at ,dachau1 ,germany4 ,,no-#hfa ,pros4 ,ex4 #bcb ,affidavit of ,sofia ,maczka1 #af ,i-#djb ,april #aidf1 concerning experimental operations on inmates of the ,ravensbrueck concentration camp4 ,,no-#hge ,pros4 ,ex4 #bcj ,affidavit of ,mrs4 ,zdenka ,i-#djj ,nedvedova-,nejedla1 ,m4,d41 of ,prague1 concerning experimental operations conducted on fellow inmates in ,ravensbrueck concentration camp4 ,,no-#hia ,pros4 ,ex4 #dad ,directive of the ,reich ,i-#hfc ,minister of the ,interior1 #f ,september #aidd1 ordering euthanasia extended to insane ,eastern workers4 ,,no-#hid ,pros4 ,ex4 #ch ,fuehrer ,decree1 #i ,june #aidb1 ,i-#ij concerning the ,reich ,research ,council4 ,,no-#ijg ,pros4 ,ex4 #dab ,extract from letter from ,dr4 ,i-#hfa ,fritz ,mennecke to his wife1 #be ,november #aida1 concerning his activities as physician selecting inmates of concentration camp ,buchenwald for euthanasia4 ,,no-#igh ,pros4 ,ex4 #dhj ,letter from ,sievers to ,i-#cdi ,gluecks1 #aa ,september #aidb1 concerning military scientific research work to be conducted at ,natzweiler concentration camp4 ,,no-#ajjg ,pros4 ,ex4 #dac ,circular from ,gluecks to ,i-#hfb concentration camp commandants1 #bg ,april #aidc1 stating that in the future only insane prisoners should be used for ,action 8#ad f #ac0 7euthanasia74 ,,no-#ajhj ,a1 ,e1 ,f ,pros4 ,ex4 #bai ,exposures of the witness ,i-#ija-ijb ,a1 ,e1 ,f ,maria ,kusmierczuk who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see selections from photographic evidence of the prosecution47 ,,no-#ajhb ,a1 ,c ,pros4 ,ex4 #bad ,exposures of the witness ,i-#ijc ,a1 ,c ,jadwiga ,dzido who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see selections from photographic evidence of the prosecution47 ,,no-#aace ,pros4 ,ex4 #ccd ,confirmation1 #cj ,august #aidj1 ,i-#hdh of the transfer of mental patients with list of transferred patients attached4 ,,no-#adbd ,pros4 ,ex4 #dfb ,affidavit of ,fritz ,friedrich ,i-#fgf ,karl ,rascher1 ,m4,d41 #ca ,december #aidf1 concerning the life and activities of ,dr4 ,sigmund ,rascher4 ,,no-#aheb ,pros4 ,ex4 #def ,extract from report on ,i-#cde medical experiments addressed to ,karl ,brandt4 ,,no-#bgcd ,pros4 ,ex4 #dgc ,extracts of letter from ,i-#ffj ,grawitz to ,himmler1 #g ,september #aidb1 and report on gas gangrene experiments4 ,,no-#cifc ,pros4 ,ex4 #ebh ,extracts from affidavit of ,i-#gaj ,karl ,wilhelm ,friedrich ,tauboeck1 #ah ,june #aidg1 concerning the development of1 and experiments with sterilization drugs4 #cdc-;,a-,,ps ,pros4 ,ex4 #fb ,letter from ,milch to ,wolff1 ,i-#agb #bj ,may #aidb1 regarding continuation of experiments4 #cdc-;,b-,,ps ,pros4 ,ex4 #gj ,letter from ,milch to ,himmler1 ,i-#agb #ca ,august #aidb1 acknowledging receipt of reports by ,rascher and ,romberg on high-altitude experiments4 #fae-,,ps ,pros4 ,ex4 #bdf ,letter from ,dr4 ,hilfrich1 ,i-#hde ,bishop of ,limburg1 to the ,reich ,minister of ,justice1 #ac ,august #aida1 protesting against the killing of mentally ill people4 #fcj-,,ps ,pros4 ,ex4 #ccj ,letter from ,hitler to ,karl ,i-#hdh ,brandt and ,bouhler1 #a ,september #aici1 charging them with the execution of euthanasia4 #aeec-,,ps ,pros4 ,ex4 #dbh ,extract from the field ,i-#hfe interrogation of ,kurt ,gerstein1 #bf ,april #aide1 describing the mass gassing of ,jews and other 8undesirables04 #aehj-,,ps ,pros4 ,ex4 #ajg ,letter from ,himmler to ,i-#bec ,rascher1 #bf ,february #aidc1 on freezing experiments in the concentration camps ,auschwitz and ,lublin4 #aeha-;,a-,,ps ,pros4 ,ex4 #dh ,letter from ,rudolf ,brandt to ,i-#add ,sievers1 #ba ,march #aidb1 concerning ,rascher's participation in high-altitude experiments4 #aehb-,,ps ,pros4 ,ex4 #de ,letter from ,rudolf ,brandt to ,i-#adc ,rascher1 undated1 informing him that prisoners would be made available for high-altitude research4 #afjb-,,ps ,pros4 ,ex4 #dd ,letter from ,rascher to ,i-#ada ,himmler1 #ae ,may #aida1 concerning high-altitude experiments on human beings4 #afji-,,ps ,pros4 ,ex4 #ib ,letter from ,himmler to ,i-#bdd ,rascher1 #bd ,october #aidb1 and note by ,rudolf ,brandt4 #afaa-,,ps ,pros4 ,ex4 #he ,letter from ,himmler to ,i-#bba ,rascher and ,sievers1 #bb ,september #aidb1 ordering rewarming in freezing experiments through physical warmth4 #afab-,,ps ,pros4 ,ex4 #gi ,letter from ,rudolf ,brandt to ,i-#agf ,rascher1 #ac ,december #aidb1 and ,himmler's order assigning ,rascher to high-altitude experiments4 #afac-,,ps ,pros4 ,ex4 #ij ,letter from ,rascher to ,i-#bbe ,himmler1 #af ,october #aidb1 transmitting report on cooling experiments on human beings 7,,no-#dbh74 #afaf-,,ps ,pros4 ,ex4 #aje ,letter from ,rascher to ,i-#bdi ,himmler1 #ag ,february #aidc1 and summary of experiments for rewarming of chilled human beings by animal warmth1 #ab ,february #aidc4 #afah-,,ps ,pros4 ,ex4 #hd ,intermediate report1 #aj ,i-#bbj ,september #aidb1 on intense chilling experiments in the ,dachau concentration camp4 #afai-,,ps ,pros4 ,ex4 #hg ,teletype from commandant of ,i-#bbc ,dachau concentration camp to ,rudolf ,brandt1 #g ,october #aidb1 stating that four women would be available from ,ravensbrueck concentration camp for ,rascher's experiments4 #afif-,,ps ,pros4 ,ex4 #ceg ,letter from ,dr4 ,conti to the ,i-#hdi ,mental ,hospital in ,kaufbeuren1 #af ,november #aici1 requesting that questionnaires 7attached7 be filled out for individual patients2 letter from the ,general ,sick ,transport ,company to the ,mental ,hospital in ,kaufbeuren1 #ab ,may #aida1 stating that the company would remove mental patients2 report from the ,provincial ,association for ,social ,welfare in ,swabia1 #f ,may #aida1 that all transferred patients had died2 letter from ,gaum1 #bd ,november #aidb1 to ,dr4 ,leinisch stating that epileptics would be made available for research4 #aiga-;,a-,,ps ,pros4 ,ex4 #di ,letter from ,rascher to ,i-#add ,himmler1 #e ,april #aidb1 and report1 undated1 on high-altitude experiments4 #aiga-;,b-,,ps ,pros4 ,ex4 #ea ,letter from ,himmler to ,i-#adh ,rascher1 #ac ,april #aidb1 requesting a repetition of high-altitude experiments on prisoners condemned to death4 #aiga-;,c-,,ps ,pros4 ,ex4 #ej ,letter from ,rudolf ,brandt to ,i-#adg ,rascher1 #ac ,april #aidb1 regarding his success with high-altitude experiments4 #aiga-;,d-,,ps ,pros4 ,ex4 #eb ,teletype from ,rascher to ,i-#adi ,rudolf ,brandt1 #bj ,october #aidb1 requesting clarification on the pardon granted by ,himmler4 #aiga-;,e-,,ps ,pros4 ,ex4 #ec ,teletype from ,rudolf ,brandt ,i-#adi to ,schnitzler1 #ba ,october #aidb1 concerning the pardon granted by ,himmler4 #chif-,,ps ,pros4 ,ex4 #cgb ,extract from the affidavit of ,i-#hec ,dr4 ,ludwig ,sprauer1 #bc ,april #aidf1 concerning the organization of the ,euthanasia ,program4 ,becker-,freyseng #ca ,becker-,freysen ,extracts from ,harper's ,,ii-#fe g ,ex4 #ah ,magazine entitled 8,secrets by the ,thousand0 by ,c4 ,lester ,walker4 ,becker-,freyseng #db ,becker-,freysen ,affidavit of ,dr4 ,ludwig ,i-#dee g ,ex4 #bi ,harriehausen1 #i ,january #aidg1 regarding use of patients in sea-water experiments4 ,becker-,freyseng #fj ,becker-,freysen ,statement of ,professor ,dr4 ,,ii-#ie g ,ex4 #eh ,hans ,luxenburger and ,dr4 ,hans ,halbach concerning the report on experiments on human beings in world literature 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei74 ,becker-,freyseng ,becker-,freysen ,extracts from report on ,,ii-#if #fj;a g ,ex4 #ei experiments on human beings in world literature2 excerpts from various newspapers and medical weeklies4 ,karl ,brandt #a ,karl ,brandt ,extract from 8,life0 magazine ,,ii-#ie ,ex4 #a concerning malaria experiments on convicts in ,u4,s4 penitentiaries4 ,karl ,brandt #ab ,karl ,brandt ,affidavit of ,dr4 ,walther ,i-#cej ,ex4 #aa ,scheiber on his efforts to purchase experimental animals in ,spain and bring them to ,germany4 ,karl ,brandt #ah ,karl ,brandt ,extracts from the affidavit ,i-#hga ,ex4 #ae of ,dr4 ,werner ,kirchert1 #bi ,january #aidg1 stating that ,karl ,brandt was not involved in the ,euthanasia ,program4 ,karl ,brandt #ai ,karl ,brandt ,affidavit of ,alfred ,i-#hgb ,ex4 #af ,rueggeberg1 #bc ,january #aidg1 concerning radio discussions on euthanasia4 ,karl ,brandt #bc ,karl ,brandt ,affidavit of ,eduard ,woermann1 ,i-#hgc ,ex4 #ai #ah ,january #aidg1 concerning discussion of ,karl ,brandt and ,pastor ,bodelschwingh on euthanasia4 ,karl ,brandt #aja ,karl ,brandt ,affidavit of ,dr4 ,otto ,ambros1 ,i-#cea ,ex4 #da #ba ,april #aidg1 concerning the urgency of experiments in the field of chemical-warfare agents and their countermeasures4 ,karl ,brandt #ajc ,karl ,brandt ,affidavit of ,dr4 ,walter ,i-#ceb ,ex4 #db ,mielenz1 #ba ,april #aidg1 concerning the assignment of ,karl ,brandt in connection with chemical warfare4 ,karl ,brandt #aag ,karl ,brandt ,excerpts from the ,,ii-#ajc ,ex4 #ajc dissertation 8,infection ,experiments on ,human ,beings0 by ,alfred ,heilbrunn of the ,hygiene ,institute of the ,wuerzburg ,university1 #aicg1 concerning experiments on human beings in other countries4 ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from report on the ,i-#cgg ,oberheuser #a ,fischer1 ,first ,conference ,east of ,oberheuser ,ex4 ,consulting ,specialists on #f #ah and #ai ,may #aidb at the ,military ,medical ,academy1 ,berlin4 ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from report on the ,i-#cgh ,oberheuser #c ,fischer1 ,third ,conference ,east of ,oberheuser ,ex4 ,consulting ,specialists on #aj #bd to #bf ,may #aidc at the ,military ,medical ,academy1 ,berlin4 ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from 8,clinic and ,i-#dje ,oberheuser #f ,fischer1 ,practice01 weekly journal ,oberheuser ,ex4 for the ,practicing #i ,physician1 regarding bone transplantation4 ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from affidavit of ,dr4 ,i-#cgg ,oberheuser #ba ,fischer1 ,karl ,friedrich ,brunner1 #ad ,oberheuser ,ex4 ,march #aidg4 #bj ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from affidavit of ,dr4 ,i-#djg ,oberheuser #ba ,fischer1 ,karl ,friedrich ,brunner1 #ad ,oberheuser ,ex4 ,march #aide1 concerning #bj scientific experiments conducted at the clinic of ,hohenlychen4 ,gebhardt1 ,fischer1 ,gebhardt1 ,extract from affidavit of ,dr4 ,i-#djh ,oberheuser #bb ,fischer1 ,josef ,koestler concerning ,oberheuser ,ex4 ,dr4 ,gebhardt's activities1 #ba #bg ,february #aidg4 ,rose #aa ,rose ,ex4 #bg ,extract from report of ,i-#bih ,professor ,dr4 ,e4 ,gildemeister concerning the activities of the ,robert ,koch ,institute--,reich ,institute for the fight against infectious diseases4 ,rose #af ,rose ,ex4 #ab ,extracts from the affidavit ,i-#eha of ,professor ,otto ,lenz1 director of the ,robert ,koch ,institute in ,berlin4 ,rose #df ,rose ,ex4 #bj ,extract from a certified ,i-#ehb statement1 #d ,march #aidg1 of ,j4 ,oerskov1 ,m4,d41 director of the ,state ,serum ,institute in ,copenhagen4 ,rose #dg ,rose ,ex4 #ce ,affidavit of ,professor ,dr4 ,i-#cjj ,hans ,luxenburger1 #bd ,march #aidg1 concerning ,rose's interest in therapeutical malaria treatments4 ,rose #ej ,rose ,ex4 #di ,extract from the affidavit of ,i-#cjb ,professor ,dr4 ,ernst ,georg ,nauck1 ,m4,d41 ,hamburg #d1 ,bernhard-,nocht-,institute for nautical and tropical diseases4 ,mrugowsky #aae ,mrugowsky ,ex4 ,extracts from the affidavit ,i-#fdg #ajh of ,udo ,von ,woyrsch1 #c ,may #aidg1 concerning experiments on combating injuries due to phosphorus incendiary bombs4 ,sievers #de ,sievers ,ex4 #df ,extract from the affidavit of ,i-#geb ,dr4 ,gisela ,schmitz1 #bg ,march #aidg1 on ,siever's position in the ,ahnenerbe ,society and his connection with the skeleton collection4 ,sievers #ed ,sievers ,ex4 #ej ,regulations for the ,commandos ,i-#ged 7,einsatzkommandos7 of the ,security ,police and the ,security ,service to be activated in ,stalags4 ,blome #a ,blome ,ex4 #h ,extracts from the affidavit ,i-#ggh of ,dr4 ,oskar ,gundermann1 #bh ,december #aidf1 stating that ,blome opposed the plan to exterminate tubercular ,poles and that the plan was never carried out4 ,blome #ad ,blome ,ex4 #f ,extracts from a report on the ,i-#ggg ,german ,tuberculosis ,conference of #ah to #bj ,march #aicg1 at ,wiesbaden4 ,pokorny #ai ,pokorny ,ex4 #bg ,affidavit of ,dr4 ,helmuth ,i-#hgd ,weese1 #ai ,march #aidg1 concerning use of caladium seguinum for sterilization4 ,,testimonies ,vol- ,page ,dr4 ,leo ,alexander ,i-#chf1 #dag ,beiglboeck ,i-#dfh ,blome ,i-#ghj ,brack ,i-#gcb1 #hgf ,karl ,brandt ,i-#ejf1 #hib1 #ijj2 ,,ii-#bi ,rudolf ,brandt ,i-#ahc1 #geg ,jadwiga ,dzido ,i-#cha ,gebhardt ,i-#chh1 #ffg ,dr4 ,eugen ,haagen ,i-#fjf ,handloser ,i-#bfe ,dr4 ,friedrich ,hielscher ,,ii-#cj ,karl ,hoellenrainer ,i-#def ,dr4 ,andrew ,c4 ,ivy ,i-#iid2 ,,ii-#db1 #fj1 #hb1 #aaj ,miss ,karolewska ,i-#dji ,eugen ,kogon ,i-#ehc1 #fcg1 #fdh1 #iic ,werner ,leibbrandt ,,ii-#hj ,dr4 ,mennecke ,i-#hge ,mrugowsky ,i-#eie1 #fea1 #fhh2 ,,ii-#ef1 #ff ,walter ,neff ,i-#agg1 #bfj ,romberg ,i-#ahf ,rose ,i-#cjh1 #ehf1 #igc2 ,,ii-#fi1 #gg1 #aah ,schmidt ,i-#hij ,schroeder ,i-#bfi ,sievers ,i-#bgd1 #fhb ,stoehr ,i-#ffd ,vieweg ,i-#cjc ,vollhardt ,i-#dgd 8,the ,milch ,case0 ,,case ,,no4 #b ,,military ,,tribunal ,,no4 ,,ii ,,the ,,united ,,states ,,of ,,america --against-- ,,erhard ,,milch ,,introduction ,the trial of ,erhard ,milch1 formerly a ,field ,marshal in the ,german ,air ,force1 is officially designated ,united ,states of ,america vs4 ,erhard ,milch 7,case ,no4 #b71 and was heard by ,military ,tribunal ,,ii in the ,palace of ,justice at ,nuernberg4 ,the proceedings lasted from #ac ,november #aidf to #ag ,april #aidg1 in the course of which period the ,court convened #ci times4 ,the prosecution consumed #h and the defense #bh trial days4 ,a chronological table of the trial follows3 ,indictment filed #ac ,november #aidf ,indictment served #ad ,november #aidf ,arraignment #bj ,december #aidf ,prosecution opening statement #b ,january #aidg ,defense opening statement #bg ,january #aidg ,prosecution and defense closing #be ,march #aidg statements ,judgment #af ,april #aidg ,sentence #ag ,april #aidg ,affirmation of sentence by ,military #ag ,june #aidg ,governor1 ,u4,s4 ,zone of ,occupation ,order of the ,u4,s4 ,supreme ,court #bj ,october #aidg denying writ of habeas corpus ,the prosecution introduced into evidence #afa written exhibits1 some of which contained several documents4 ,the defense introduced #ea written exhibits4 ,the ,tribunal heard the oral testimony of #c witnesses who were called by the prosecution2 #bg witnesses called by the defense were heard by the full court1 and #c before a commissioner4 ,one witness was called by the ,tribunal on its own motion4 ,the defendant ,milch testified at length in his own behalf4 ,the members of the ,tribunal1 and prosecution and defense counsel1 are listed on the ensuing pages4 ,prosecution counsel were assisted in preparing the case by ,walter ,rapp1 ,chief of the ,evidence ,division1 ,norbert ,barr and ,bevenuto ,selcke1 interrogators1 and ,robert ,blakeslie1 ,nancy ,fenstermacher1 and ,tempa ,altman ,watson1 research and documentary analysts4 ,the material selected for this volume was principally compiled by ,mr4 ,paul ,h4 ,gantt as case editor1 working under the general supervision of ,mr4 ,drexel ,a4 ,sprecher1 ,deputy ,chief ,counsel and ,director of ,publications1 ,office1 ,united ,states ,chief of ,counsel for ,war ,crimes4 ,catherine ,w4 ,bedford1 ,henry ,buxbaum1 ,emilie ,evand1 ,gertrude ,ferencz1 ,helga ,lund1 ,gwendoline ,niebergall1 and ,johanna ,k4 ,reischer assisted in selecting1 compiling1 editing and indexing the numerous papers4 ,john ,h4 ,e4 ,fried1 ,special ,legal ,consultant to the ,tribunals1 reviewed and approved the selection and arrangement of the material as the designated representative of the ,nuernberg ,military ,tribunals4 ,final compilation and editing of the manuscript for printing was administered by the ,war ,crimes ,division1 ,office of the ,judge ,advocate ,general1 under the direct supervision of ,richard ,a4 ,olbeter1 ,chief1 ,special ,projects ,branch1 with ,alma ,soller as editor1 ,amelia ,rivers as assistant editor and ,john ,w4 ,mosenthal as research analyst4 ,,order ,,constituting ,,tribunal ,,ii ,,office ,,of ,,military ,,government ,,for ,,germany 7,u4,s47 ,,apo #gdb #af ,,december #aidf ,,general ,,orders ,no4 #he ,,pursuant ,,to ,,military ,,government ,,ordinance ,,no4 #g #a4 ,effective as of #ad ,december #aidf1 pursuant to ,military ,government ,ordinance ,no4 #g1 #bd ,october #aidf1 entitled 8,organization and ,powers of ,certain ,military ,tribunals01 there is hereby constituted1 ,military ,tribunal ,,ii4 #b4 ,the following are designated as members of ,military ,tribunal ,,ii3 ,,robert ,m4 ,,toms ,presiding ,judge ,,fitzroi ,d4 ,,phillips99 ,judge ,,michael ,a4 ,,musmanno ,judge ,,john ,j4 ,,speight ,alternate ,judge 99 ,,omgus ,general ,orders ,no4 #e1 #ba ,january #aidg1 corrected spelling to ,fitzroy ,d4 ,phillips4 #c4 ,the ,tribunal shall convene at ,nurenberg1 ,germany1 to hear such cases as may be filed by the ,chief of ,counsel for ,war ,crimes or by his duly designated representative4 ,,by ,,command ,,of ,,lieutenant ,,general ,,clay3 ,c4 ,k4 ,,gailey ,brigadier ,general1 ,,gsc ,chief of ,staff ,,official3 ,,seal3 ,g4 ,h4 ,,garde ,office of ,military ,government ,lieutenant ,colonel1 ,,agd for ,germany 7,u4 ,s47 ,adjutant ,general ,,distribution3 8,b0 plus #b--;,,ag ,,mru ,,usfet ,illustration3 ,,tribunal ,,ii--,,case ,,two ,l4 to ,r43 ,f4 ,donald ,phillips2 ,robert ,m4 ,toms1 presiding2 ,michael ,a4 ,musmanno2 ,john ,j4 ,speight1 alternate4 ,illustration3 ,former ,luftwaffe ,field ,marshal ,milch1 seated in the defense counsel section of courtroom one1 listens with his lawyer ,dr4 ,bergold and his brother ,werner as ,tribunal ,,ii announces its verdict in his case4 ,illustration3 ,defendant ,erhard ,milch with his counsel1 ,dr4 ,friedrich ,bergold4 ,illustration3 ,mr4 ,clark ,denny1 ,chief ,trial ,counsel of ,case ,,ii4 ,,members ,,of ,,military ,,tribunal ,,ii ,,robert ,m4 ,,toms1 ,presiding ,judge of the ,third ,judicial ,circuit ,court1 ,detroit1 ,michigan ,,fitzroy ,,donald ,,phillips1 ,member1 ,judge of the ,superior ,court for the #acth ,judicial ,district of the ,state of ,north ,carolina ,,michael ,a4 ,,musmanno1 ,member1 ,united ,states ,naval ,reserve1 on military leave from ,court of ,common ,pleas1 ,allegheny ,county1 ,pennsylvania ,,john ,,joshua ,,speight1 ,alternate1 ,prominent member of the ,bar of the ,state of ,alabama ,,assistant ,,secretaries ,,general ,judge ,,richard ,d4 ,,dixon ,from #bj ,december #aidf to #be ,march #aidg ,major ,,mills ,c4 ,,hatfield ,from #af ,april #aidg to #ag ,april #aidg ,,prosecution ,,counsel ,,chief ,,of ,,counsel3 ,brigadier ,general ,,telford ,,taylor ,,chief ,,trial ,,counsel3 ,mr4 ,,clark ,,denney ,,assistant ,,trial ,,counsel3 ,mr4 ,,james ,s4 ,,conway ,miss ,,dorothy ,m4 ,,hunt ,mr4 ,,henry ,t4 ,,king1 ,,jr4 ,mr4 ,,raymond ,j4 ,,mcmahon1 ,,jr4 ,mr4 ,,maurice ,c4 ,,myers ,,defense ,,counsel ,dr4 ,,friedrich ,,bergold ,main ,counsel ,dr4 ,,werner ,,milch99 ,assistant ,counsel 99 ,brother of the defendant ,milch4 ,i4 ,,indictment ,the ,united ,states of ,america1 by the undersigned ,telford ,taylor1 ,chief of ,counsel for ,war ,crimes1 duly appointed to represent said ,government in the prosecution of war criminals1 charges the defendant ,erhard ,milch with the commission of war crimes and crimes against humanity as defined in ,control ,council ,law ,no4 #aj1fb duly enacted by the ,allied ,control ,council on #bj ,december #aide4 ,the defendant ,milch between #aici and #aide was ,state ,secretary in the ,reich ,air ,ministry 7,staatssekretaer im ,reichsluftfahrt ministerium71 ,inspector ,general of the ,air ,force 7,generalinspekteur der ,luftwaffe71 ,deputy to the ,commander in ,chief of the ,air ,force 7,stellvertreter des ,oberbefehlshabers der ,luftwaffe71 and ,member of the ,nazi ,party 7,mitglied der ,,nsdap74 ,the defendant ,milch was also ,field ,marshal in the ,luftwaffe 7,generalfeldmarschall in der ,luftwaffe7 #aidj-de1 ,aircraft ,master ,general 7,generalluftzeugmeister7 #aida-dd1 ,member of the ,central ,planning ,board 7,mitglied der 8,zentralen ,planung07 #aidb-aide1 and ,chief of the ,jaegerstab #aidd-aide4 ,the war crimes and crimes against humanity charged herein against the defendant ,milch include deportation1 enslavement and mistreatment of millions of persons1 participation in criminal medical experiments upon human beings1 and murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhumane acts4 ,,count ,,one #a4 ,between ,september #aici and ,may #aide the defendant ,milch unlawfully1 wilfully1 and knowingly committed war crimes as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving slave labor and deportation to slave labor of the civilian populations of ,austria1 ,czechoslovakia1 ,italy1 ,hungary1 and other countries and territories occupied by the ,german ,armed ,forces1 in the course of which millions of persons were enslaved1 deported1 ill-treated1 terrorized1 tortured1 and murdered4 #b4 ,between ,september #aici and ,may #aide the defendant ,milch unlawfully1 wilfully1 and knowingly committed war crimes as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving the use of prisoners of war in war operations and work having a direct relation with war operations1 including the manufacture and transportation of arms and munitions1 in the course of which murders1 cruelties1 ill-treatment1 and other inhumane acts were committed against members of the armed forces of nations then at war with the ,german ,reich and who were in custody of the ,german ,reich in the exercise of belligerent control4 #c4 ,in the execution of the plans and enterprises charged in paragraphs #a and #b of this count1 millions of persons were unlawfully subjected to forced labor under cruel and inhumane conditions which resulted in widespread suffering4 ,at least #e1jjj1jjj workers were deported to ,germany4 ,the conscription of labor was accomplished in many cases by drastic and violent methods4 ,workers destined for the ,reich were sent under guard to ,germany1 often packed in trains without adequate heat1 food1 clothing1 or sanitary facilities2 other inhabitants of occupied countries were conscripted and compelled to work in their own countries to assist the ,german war economy and on fortifications and military installations4 ,the resources and needs of the occupied countries were completely disregarded in the execution of the said plans and enterprises4 ,prisoners of war were assigned to work directly related to war operations1 including work in munitions factories1 loading bombers1 carrying ammunition1 and manning antiaircraft guns4 ,the treatment of slave laborers and prisoners of war was based on the principle that they should be fed1 sheltered1 and treated in such a way as to exploit them to the greatest possible extent at the lowest expenditure4 #d4 ,the defendant ,milch from #aidb to #aide was a member of the ,central ,planning ,board which had supreme authority for the scheduling of production and the allocation and development of raw materials in the ,german war economy4 ,the ,central ,planning ,board determined the labor requirements of industry1 agriculture1 and all other phases of ,german war economy1 and made requisitions for and allocations of such labor4 ,the defendant ,milch had full knowledge of the illegal manner in which foreign laborers were conscripted and prisoners of war utilized to meet such requisitions1 and of the unlawful and inhumane conditions under which they were exploited4 ,he attended the meetings of the ,central ,planning ,board1 participated in its decisions and in the formulation of basic policies with reference to the exploitation of such labor1 advocated the increased use of forced labor and prisoners of war to expand war production1 and urged that cruel and repressive measures be utilized to procure and exploit such labor4 #e4 ,during the years #aici-aide the defendant ,milch1 as ,state ,secretary in the ,air ,ministry1 ,inspector ,general of the ,air ,force1 ,deputy to the ,commander in ,chief of the ,air ,force1 ,field ,marshal in the ,luftwaffe1 ,aircraft ,master ,general1 and ,chief of the ,jaegerstab1 had responsibility for the development and production of arms and munitions for the ,german ,air ,force4 ,the defendant ,milch exploited foreign laborers and prisoners of war in the arms1 aircraft1 and munitions factories under his control1 made requisitions for and allocations of such labor within the aircraft industry1 and personally directed that cruel and repressive measures be adopted towards such labor4 #f4 ,pursuant to the order of the defendant ,milch1 prisoners of war who had attempted escape were murdered on or about #ae ,february #aidd4 #g4 ,the said war crimes constitute violations of international conventions1 particularly of ,articles #d1 #e1 #f1 #g1 #df1 and #eb of the ,hague ,regulations1 #aijg1 and of ,articles #b1 #c1 #d1 #f1 and #ca of the ,prisoner-of-,war ,convention 7,geneva1 #aibi71 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,,count ,,two #h4 ,between ,march #aidb and ,may #aidc the defendant ,milch unlawfully1 wilfully1 and knowingly committed war crimes as defined in ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving medical experiments without the subjects' consent1 upon members of the armed forces and civilians of nations then at war with the ,german ,reich and who were in the custody of the ,german ,reich in the exercise of belligerent control1 in the course of which experiments the defendant ,milch1 together with divers other persons1 committed murders1 brutalities1 cruelties1 tortures1 and other inhumane acts4 ,such experiments included1 but were not limited to1 the following3 7,a7 ,,high-,,altitude ,,experiments4 ,from about ,march #aidb to about ,august #aidb experiments were conducted at the ,dachau concentration camp for the benefit of the ,german ,air ,force to investigate the limits of human endurance and existence at extremely high altitudes4 ,the experiments were carried out in a low-pressure chamber in which the atmospheric conditions and pressure prevailing at high altitudes 7up to #fh1jjj feet7 could be duplicated4 ,the experimental subjects were placed in the low-pressure chamber and thereafter the simulated altitude therein was raised4 ,many victims died as a result of these experiments and others suffered grave injury1 torture1 and ill-treatment4 7,b7 ,,freezing ,,experiments4 ,from about ,august #aidb to about ,may #aidc experiments were conducted at the ,dachau concentration camp primarily for the benefit of the ,german ,air ,force to investigate the most effective means of treating persons who had been severely chilled or frozen4 ,in one series of experiments the subjects were forced to remain in a tank of ice water for periods up to #c hours4 ,extreme rigor developed in a short time4 ,numerous victims died in the course of these experiments4 ,after the survivors were severely chilled1 rewarming was attempted by various means4 ,in another series of experiments1 the subjects were kept naked outdoors for many hours at temperatures below freezing4 ,the victims screamed with pain as parts of their bodies froze4 #i4 ,the said war crimes constitute violations of international conventions1 particularly of ,articles #d1 #e1 #f1 #g1 and #df of the ,hague ,regulations1 #aijg1 and of ,articles #b1 #c1 and #d of the ,prisoner-of-,war ,convention 7,geneva1 #aibi71 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and of ,article ,,ii1 of ,control ,council ,law ,no4 #aj4 ,,count ,,three #aj4 ,between ,september #aici and ,may #aide the defendant ,milch unlawfully1 wilfully1 and knowingly committed crimes against humanity1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving slave labor and deportation to slave labor of ,german nationals and nationals of other countries in the course of which millions of persons were enslaved1 deported1 ill-treated1 terrorized1 tortured1 and murdered4 ,the particulars of these crimes are set forth in count one of this indictment and are incorporated herein by reference4 #aa4 ,between ,march #aidb and ,may #aidc the defendant ,milch unlawfully1 wilfully1 and knowingly committed crimes against humanity as defined in ,article ,,ii of ,control ,council ,law ,no4 #aj in that he was principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with plans and enterprises involving medical experiments1 without the subjects' consent1 upon ,german nationals and nationals of other countries1 in the course of which experiments the defendant ,milch1 together with divers other persons1 committed murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhumane acts4 ,the particulars of such experiments are set forth in count two of this indictment and are incorporated herein by reference4 #ab4 ,the said crimes against humanity constitute violations of international conventions1 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,,wherefore1 this indictment is filed with the ,secretary ,general of the ,military ,tribunals and the charges herein made against the above-named defendant are hereby presented to the ,military ,tribunals4 ,,telford ,,taylor ,brigadier ,general1 ,,usa ,chief of ,counsel for ,war ,crimes ,acting on ,behalf of the ,united ,states of ,america ,nuernberg1 #ac ,november #aidf ----- #fb ,see vol4 ,i1 this series1 pref4 pp4 ,,iii thru ,,xxviii for basic papers4 ,,ii4 ,,arraignment#fc ,,the ,,marshal3 ,military ,tribunal ,no4 #b is now in session4 ,god save the ,united ,states of ,america and this honorable ,tribunal4 ,,presiding ,,judge ,,toms3 ,the ,marshal will ascertain whether the defendant1 ,erhard ,milch1 is present in ,court4 ,,the ,,marshal3 ,may it please your ,honors1 the defendant is present in the ,court4 ,,presiding ,,judge ,,toms3 ,is counsel for the defendant1 ,dr4 ,bergold1 also present8 ,,the ,,marshal3 ,dr4 ,bergold is also present in the courtroom4 ,,presiding ,,judge ,,toms3 ,prosecution may proceed with the arraignment by reading the indictment4 ,at this point ,mr4 ,clark ,denney read the indictment4 ,see p4 #cfj4 ,,presiding ,,judge ,,toms3 ,the defendant will stand4 ,you have heard the indictment just read8 ,,erhard ,,milch3 ,yes4 ,,presiding ,,judge ,,toms3 ,and it has been translated into the ,german language which you understand8 ,,erhard ,,milch3 ,yes4 ,,presiding ,,judge ,,toms3 ,for more than #cj days you have had in your possession a copy of this indictment translated into the ,german language8 ,,erhard ,,milch3 ,yes4 ,,presiding ,,judge ,,toms3 ,you have also had the benefit of ,dr4 ,bergold's counsel for at least #cj days8 ,,erhard ,,milch3 ,yes4 ,,presiding ,,judge ,,toms3 ,now then to this indictment how do you plead1 guilty or not guilty8 ,,erhard ,,milch3 ,not guilty4 ,,presiding ,,judge ,,toms3 ,the ,secretary ,general will enter upon the records of the ,court the defendant's plea of not guilty4 ,you may be seated4 ,the ,tribunal has set ,thursday1 the second day of ,january #aidg for the commencement of the trial of this action4 ,will the ,united ,states be ready on that date8 ,,mr4 ,,denney3 ,the ,government will be ready at that time1 your ,honor4 ,,presiding ,,judge ,,toms3 ,dr4 ,bergold1 will you be ready to proceed with the trial on the second of ,january8 ,,dr4 ,,bergold3 ,yes4 99 99 99 99 99 ----- #fc ,tr4 p4 #g4 ,,iii4 ,,opening ,,statements ,a4 ,opening ,statement for the ,prosecution#fd ,,mr4 ,,denney3 ,may it please your ,honors1 this defendant is ,erhard ,milch1 ,field ,marshal in the ,luftwaffe1 ,inspector ,general of the ,luftwaffe1 ,state ,secretary in the ,air ,ministry1 ,generalluftzeugmeister1 sole representative of the ,wehrmacht on the ,central ,planning ,board1 ,chief of the ,jaegerstab1#fe and member of the ,nazi ,party4 ,this man is accused of war crimes and crimes against humanity in that he took part in the program for the enslavement and ill-treatment of the civilian population of vast territories conquered by the armed forces of ,germany and in the employment of prisoners of war in tasks forbidden by the laws and customs of war4 ,he is also accused of the torture and murder of concentration camp inmates and prisoners of war who were made the unwilling subjects of savage and fatal medical experiments4 ,the life of ,erhard ,milch is a story of personal and professional betrayal4 ,a man of high intelligence1 of great executive ability1 he misused these talents to dedicate them to a scheme for conquest and a plan for the enslavement of the world4 ,the #aj years of military service of the defendant from the age of #ah to #bh which took him through the ,first ,world ,war were a perfect preparation for the tasks to come4 ,from #aiae to #aiai1 ,milch was a scout1 observer1 adjutant and squadron leader in the ,german ,air ,force4 ,at the very infancy of military aviation1 the defendant began an association which was to last through his entire public career4 ,it was at this time that he learned the needs and the problems of flying men1 a knowledge which was to stand him in such good stead in his work as the founder of the ,luftwaffe4 ,the defendant never dissociated himself from the aims and ideals of ,german militarism4 ,he became one of the silent army of men who remembered1 hated1 and hoped2 but unlike many others1 this man did not sit idly by4 ,he did not wait passively for ,germany to rise again1 he devoted his best efforts towards that end4 ,in #aiba1 only #a year after his discharge from the army1 we find him working as chief of air operations flights in the new business of commercial aviation4 ,there is no necessity to fill out in detail the successive steps in the defendant's rise in civilian air transportation--a few broad strokes suffice4 ,the next significant event in his career came in #aibe when he joined the state-sponsored ,lufthansa which within #c years he was to form into the nucleus of a new air force4 ,it is no euphemism that he was called the ,father of ,german ,air ,transportation4 ,when ,hitler came into power in #aicc1 ,milch acceded to the requests of both ,goering and ,hitler and assumed the additional duty of ,state ,secretary in the ,air ,ministry4 ,it was understood from the start1 and it was confirmed in #aicg1 that ,milch would succeed ,goering as ,chief of the ,german ,air ,force in the event of the latter's death or withdrawal4 ,by the time the new ,luftwaffe had publicly emerged from such embryos as the ,air ,sport ,league1 the ,air ,defense ,league1 and the ,flying ,flieger ,hitler ,youth1 the defendant had become a ,generalleutnant 7the equivalent of the ,american major general74 ,the honors which followed3 field marshal in the ,luftwaffe in #aidj1 which was gained from #b months' participation in the invasion of ,norway2 ,generalluft-,zeugmeister in #aida2 member of the ,central ,planning ,board in #aidb2 ,chief of the ,jaegerstab in #aidd1 were proof alike of the evil genius of ,erhard ,milch and of his complete compatibility with the ,nazi ambitions and methods4 ,this defendant became a member of the ,nazi ,party in ,may #aicc4 ,his work in the ,party was important4 ,he was indeed one of the little group of specialists of whom ,mr4 ,justice ,jackson1 in his closing address before the ,international ,military ,tribunal1 aptly said3 8,it is doubtful whether the ,nazi master plan could have succeeded without their specialized intelligence which they so willingly put at its command4 ,they 7speaking of ,goering1 ,keitel1 ,jodl1 and the rest7 did so with knowledge of its announced aims and methods and continued their services after practice had confirmed the direction in which they were tending4 ,their superiority to the average run of ,nazi mediocrity is not their excuse4 ,it is their condemnation40#ff ,various ,germans allowed themselves to be absorbed into the ,nazi ,party for a variety of reasons4 ,depression1 financial and business betterment1 ambition1 discouragement with the previous political situation1 and human weakness in the face of terrorism1 all played their part in the recruitment of the ,nazi machine4 ,there were few cases in which a man made as clear1 as deliberate1 and as discreditable a choice of ,nazism as did ,milch4 ,the high esteem in which the defendant was held by ,hitler and his position within the inner circle of ,nazi militarists can be seen from the fact that he was one of a party of fourteen of ,hitler's highest and most trusted officers who attended a conference in the new ,reich ,chancellory on #bc ,may #aici1 at which ,hitler made known to his military chiefs his plans and objectives4 7,l-#gi47 ,all in all1 two points stand out in even a quick survey of ,milch's career3 ,first1 he never accepted the defeat of ,germany in the ,first ,world ,war2 his life between the wars was devoted to the work of placing ,germany in a position to challenge the world in the matter of air supremacy2 and second1 he was a man who was unlikely to allow either difficulty or honor to stand in the way of the accomplishment of his purpose--the objectives of the ,nazi ,party4 ,if these characteristics are borne in mind1 much of the defendant's fanaticism and the unbelievable savagery with which he adhered to the ,nazi plan for conquest at the expense of all values of human decency may be seen as the natural consequences of the acts of a man with his criminal philosophy4 ,we have then1 at the outbreak of the war this man1 already within the inner circle1 already devoted to the ,nazi scheme of things and quite essential to their fulfillment1 with a record of organization and with the work of preparation behind him--poised with his companions for the kill4 ,we see the air armadas1 which were the labor of his love1 helping to shatter ,poland within #ah days1 helping to reduce the ,lowlands to smoking ruins within a few days' time1 assisting in the subjugation of the ,french military machine and in driving the ,british from the continent in a period of a few weeks4 ,we see the hordes of the ,fatherland racing on and on with the air arm always overhead1 preparing the way1 until ,germany had overrun a territory from the ,normandy ,coast to ,moscow1 and from the ,north ,sea to ,el ,alamein4 ,then began the occupation1 the next step in the plan of the ,third ,reich--an empire which was to last a thousand years4 ,over an entire continent there spread the deadly rigor of a 8,pax ,germanica0 in which there was to be one citizen class1 one race of supermen1 and the balance1 one class of slaves4 ,at first the occupation overlords maintained the appearance of legality4 ,they gave receipts for the property they plundered1 they offered inducements to the laborers they shanghaied1 they went through the mockery of signing contracts which were both illusory and fraudulent4 ,but even this sham disappeared as the war went on1 and as early as #aidb1 the ,german occupation appeared in public as the ugly thing it was1 complete with armed recruiters1 military escorts on deportation trains and prison camps for the workers brought into ,germany4 ,mr4 ,justice ,jackson1 in his opening address on behalf of the ,united ,states of ,america before the ,international ,military ,tribunal1#fg vividly described the character and extent of the slave-labor program in the following words3 8,perhaps the deportation to slave labor was the most horrible and extensive slaving operation in history4 ,on few other subjects is our evidence so abundant and so damaging4 ,in a speech made on #be ,january #aidd the defendant ,frank1 ,governor ,general of ,poland1 boasted1 #8,i have sent #a1cjj1jjj ,polish workers into the ,reich4' 7#jei-,,ps1 p4 #b47 ,the defendant ,sauckel reported that #8out of the #e million foreign workers who arrived in ,germany not even #bjj1jjj came voluntarily4' 99 99 99 ,children of #aj to #ad years were impressed into service 99 99 994 8,when enough labor was not forthcoming1 prisoners of war were forced into war work in flagrant violation of international conventions 7#jaf-,,ps74 ,slave labor came from ,france1 ,belgium1 ,holland1 ,italy1 and the ,east4 ,methods of recruitment were violent 7,r-#abd1 #jah-,,ps1 #bjd-,,ps74 ,the treatment of these slave laborers was stated in general terms1 not difficult to translate into concrete deprivations1 in a letter to the defendant ,rosenberg from the defendant ,sauckel1 which stated3 99 99 99 99 99 8#8,all the men' 7prisoners of war and foreign civilian workers7 #8must be fed1 sheltered1 and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure 99 99 99' 7#jaf-,,ps704 ,working as we do every day with crimes of unbelievable enormity1 we are apt to become quite deadened to the hideous nature of specific crimes4 ,it is1 therefore1 well to stop and consider the particular offenses with which this man stands charged4 ,crimes are best evaluated in terms of the rights they violate4 ,the evil1 slavery1 which is the deprivation of another's liberty1 is best judged through a consideration of its opposite good1 freedom4 ,freedom is1 to an extent1 properly regarded as the symbol of human progress1 the measure of civilization4 ,much of man's history can be expressed in terms of his fight for freedom4 ,man's personal freedom is his most precious prerogative1 the exercise of his free will is his distinctive function4 ,the building of a legal structure to protect the freedom of the individual is the basic purpose of good government4 ,men have lived for freedom1 worked for it1 fought for it1 and died for it4 ,it is precisely because of their destructive effects on the freedom of the individual that governments such as the ,nazi ,german ,state are so hatefully and essentially evil4 ,the ,nazi rise to power is a story of duress which ripened into slavery1 first for the people within ,germany and then for those in the lands she conquered4 ,the enforced labor program was no expedient forced upon ,germany by the exigencies of war4 ,it was a basic concept of the ,nazi scheme and the permanent destiny of those who would come under the ,german yoke4 ,it is most natural1 therefore1 that ,control ,council ,law ,no4 #aj1 which was enacted for the guidance of this and other tribunals which are set up for the trial of the principals in the crime of ,nazi ,germany1 should deal in very severe terms with that most ,nazi of all crimes--slavery4 ,article ,,ii1 paragraph #a 7sec4 b7 specifically names among the enumerated war crimes the ill-treatment or deportation to slave labor of civilian populations from occupied territory and the murder or ill-treatment of prisoners of war4 ,paragraph #a 7sec4 c7 specifies as a crime against humanity1 deportation of civilian populations4 ,article ,,ii1 paragraphs #b and #c proclaim that anyone taking a principal or consenting part in these crimes1 or belonging to a plan or enterprise for the commission of these crimes1 is guilty of an offense for which the death penalty may be prescribed4 ,the prosecution will prove that ,milch was a principal in the deportation into slave labor of civilian populations from occupied territories4 ,it will show that he was involved in the murder and ill-treatment of prisoners of war4 ,evidence will be presented which will prove that he was engaged in plans and enterprises which directly involved the use of slave labor4 ,we will show that this man was as much concerned with the employment of slave labor as was any man in ,germany4 ,in his positions as a member of the ,central ,planning ,board1 as ,generalluftzeugmeister1 and as ,chief of the ,jaegerstab1 he had full opportunity to hear all the grim details of the exploitation of slave labor4 ,he participated in decisions and formulated basic policies with reference to its use1 and over and above all this he showed his personal animosity and his gratuitous fanaticism in constantly urging the most repressive and cruel measures in the procurement and exploitation of foreign workers4 ,during the course of this trial1 an attempt will be made to distinguish among that which this defendant did as ,generalluftzeugmeister1 as ,chief of the ,jaegerstab1 as ,state ,secretary for ,air1 and as a member of the ,central ,planning ,board4 ,at times it will be difficult1 if not impossible1 to state in just which capacity he was acting at a particular time4 ,we must emphasize now that it is not essential to the proof of this case that we should be able always to specify the exact capacity in which the defendant acted4 ,the multiplicity of his connection with the slave-labor program is his greatest condemnation1 and it is because he knew so much and did so much that there can be no excuse for him4 ,erhard ,milch operated at a policy level high in the chain of command above the work boss and the concentration camp guard4 ,we need not show him driving the workers to their tasks or crowding them into the hovels in which they lived4 ,we are not primarily concerned with the minute details of the slave-labor program which were carried out by minions who obeyed men like the defendant4 ,we were dealing with a planner of a great crime1 and it has not been difficult for the law to seek out and punish those who plan as well as those who obey4 ,the law would indeed be derelict if only those were punished who pulled the trigger to kill1 or1 comparably speaking1 ran a slave camp in which people worked an #hd-;hour week and dragged out a miserable existence under conditions from which death was welcome relief4 ,this defendant cannot plead in truth that he did not know that the use of slave labor was wrong4 ,he cannot use even the technical excuse1 so common among the ,nazis1 that this was not illegal because the ,nazi law authorized it4 ,official sanction of slavery would have been a law so evil that even the ,nazi masters dared not proclaim it4 ,a search through the mass of decrees and pronouncements which passed for law during the regime of ,adolf ,hitler fails to reveal sanction for slavery of foreign laborers4 ,on the other hand1 certain prohibitory laws survived from a more respectable day4 ,paragraph #bcd of the ,german ,criminal ,law 7published in #aidb in ,munich and ,berlin1 pp4 #cfd-cfe7 provides that 8whoever seizes another by ruse1 threat or force in order to expose him in a state of helplessness1 or to deliver him into slavery1 bondage1 or a foreign military or naval service shall be punished for kidnapping by confinement in a penitentiary40 ,this law was in force during the ,nazi regime and was published in the most recent edition of ,german ,criminal ,law which we have been able to find4 ,that maltreatment was commonplace in the course of the enforced labor program in ,germany is well known2 that starvation1 murder1 and all types of personal abuses took place is notorious4 ,all of this was found as a fact in the decision of the ,international ,military ,tribunal4 ,there can be no question of the responsibility of the defendant for the murders and privations which were the inevitable byproduct of the slave-labor program4 ,but we need not follow the crime of slave labor down to its last detail in order to show the defendant as the murderer he was4 ,we can and will prove that he directly participated in crimes of which murder was often the intended and on numerous occasions the inevitable result4 ,the prosecution charges1 and will prove1 that he took an important1 responsible1 and essential part in the practice of experiments upon human beings carried out against their wills and in callous disregard of the lives of its victims4 ,cut then to bare essentials the charges set forth in paragraphs #h and #i of count two of the indictment and in paragraph #aa of count three can be summarized by the statement that the defendant was officially connected with and took a consenting part in enterprises in which criminal medical experiments were performed upon involuntary subjects4 ,the nature and extent of these experiments and the fact that they were conducted for the specific benefit of the ,luftwaffe will be shown in some detail4 ,we will prove that the defendant was the responsible ,luftwaffe officer with ultimate supervisory authority over the experiments4 ,the ,court will see that throughout the duration of these experiments1 the defendant was constantly treated by all concerned as the ultimate authority within the ,luftwaffe in control of the experimental equipment and in charge of certain personnel who were actively engaged in them4 ,evidence will be presented which will prove that the defendant was thoroughly informed of the criminal activities of ,dr4 ,rascher1 the experimenter1 and his associates4 ,we will prove that a conference was held at the defendant's office1 that films were shown there1 that communications were sent to him from highest ,nazi sources which specifically referred to opposition on the part of 8narrow-minded doctors0 to the experiments4 ,a web of evidence will be adduced to portray the defendant1 as he really was1 an active partner in crime4 ,we will show that the defendant authorized the initiation of freezing experiments and that he ordered an extension of the high-altitude experiments for a period of #b months1 during which extended period a number of experimental subjects died4 ,at the conclusion of the evidence with respect to the medical experiments upon human beings there will remain no doubt that ,erhard ,milch was a knowing1 willing1 and active participant in murder4 ,throughout the trial the prosecution will place before the ,court a number of statements which will portray him as a man who believed no tears should be shed for the victims of total war when ,german soldiers every day were making the ultimate sacrifice for the ,fatherland4 ,this man was not a hard-headed1 single-minded production chief whose only problem was to get things done and whose rash statements were the impetuous remarks of an over-worked executive4 ,milch will be shown as a man who boasted of his responsibility in the hanging of prisoners of war1 who urged that any effort on the part of foreign workers to strike during enemy action should be met with rifle fire1 who offered protection to slave supervisors who should mistreat their subjects4 ,we will show that he was not too busy to inform himself fully of everything with which he was officially connected and that over and above this he went out of his way to learn the most minute details of matters with which he was very remotely connected4 ,and now a brief word about the type of evidence with which the prosecution will prove its case4 ,it must be borne in mind that we are not concerned with a single localized incident or with a series of such incidents4 ,the proof which we must show cannot be brought forth from the daily events of ordered society4 ,it must be drawn from the cold ashes of a broken nation4 ,the documents which will be brought into ,court have been taken from all corners of a continent4 ,they have one common feature which elevates them in the hierarchy of evidence to a place above the story of sincere but fallible eyewitnesses4 ,these documents are official ,german records1 some of them records of the defendant's own organizations4 ,in some cases they bear the defendant's signature or his handwritten initials4 ,in every case they are authentic records compiled by ,germans1 accurate because there was no reason for falsification or exaggeration1 thorough because of a national fetish for attention to detail1 reliable because they were made at times when the ,german fortunes of war were high and their scriveners had no reason to fear that one day they would be confronted with their hand-made records of criminality4 ,it would seem that at this point there should be some discussion of the various organizations with which the defendant was connected4 ,we are concerned principally with that part of the ,,okw 7,oberkommando der ,wehrmacht71 ,supreme ,command of the ,armed ,forces1 known as the ,,okl 7,oberkommando der ,luftwaffe71 the ,high ,command of the ,german ,air ,force4 ,the ,chief of the ,,okl was ,reich ,marshal ,hermann ,goering4 ,his ,inspector ,general and ,state ,secretary in the ,air ,ministry was the defendant ,erhard ,milch4 ,as such1 from ,july #aidj1 he held the rank of field marshal 7comparable to the ,american rank of general of the armies74#fh ,the other two branches of the ,,okw with which we are incidentally concerned were the ,,okh 7,oberkommando des ,heeres71 ,high ,command of the ,army1 and the ,,okm 7,oberkommando der ,marine71 ,high ,command of the ,navy4 ,the army was commanded by ,field ,marshal von ,brauchitsch until ,december #aida1 at which time it was taken over by ,hitler4 ,the navy was commanded by ,grand ,admiral ,admiral of the ,fleet ,raeder until #aidc1 thereafter by ,grand ,admiral ,doenitz4 ,the ,luftwaffe ,medical ,service came under this defendant in his capacity as ,inspector ,general of the ,luftwaffe4 ,the ,medical ,service was headed by ,dr4 ,erich ,hippke until ,january #aidd2 thereafter it was headed by ,dr4 ,oskar ,schroeder4 ,there was an experimental institute in ,berlin called the ,,dvl which was a technical research institution for aero-research4 ,this was subordinate to the defendant in his position as ,generalluftzeugmeister4 ,we now turn to the ,central ,planning ,board4 ,this was established by a ,goering decree1 pursuant to a ,hitler order of #bb ,april1 #aidb4 ,the ,board consisted of ,albert ,speer1 ,erhard ,milch1 and ,paul ,koerner4 ,later1 by a supplementary ,goering decree1 in ,september #aidc1 ,walter ,funk was added to the ,board4 ,speer and ,milch were the dominant members1 and ,koerner and ,funk played comparatively minor roles4 ,the ,central ,planning ,board was1 in effect1 a consolidation of all controls over ,german war production4 ,the ,board was found by the ,international ,military ,tribunal to have 8had supreme authority for the scheduling of ,german production and the allocation and development of raw materials4 99 99 990#fi ,hand in hand with this goes the corollary of the procurement and allocation of labor4 ,reich ,marshal ,goering1 in his decree of #bb ,april1 #aidb1 stated in part----8,it 7the ,central ,planning ,board7 encompasses that which is fundamental and vital4 ,it makes unequivocal decisions and supervises the execution of its directives04 ,the ,central ,planning ,board requisitioned labor from ,sauckel with full knowledge that the demands would be supplied by foreign forced labor1 and the ,board determined the basic allocation of this labor within the ,german war economy4 ,sauckel was the servant of the ,central ,planning ,board in the procurement of slave labor4 ,there are records of some #ej-odd meetings of the ,board between the time of its establishment in #aidb1 and #aide4 ,the defendant was present at all but a few of these meetings and on occasion his was the dominant voice4 ,the ,international ,military ,tribunal found that the ,central ,planning ,board determined the total number of laborers needed for ,german industry1 and required ,sauckel to produce them1 usually by deportation from occupied territories4 ,it is worthy of note that ,speer was appointed ,reich ,minister for ,armaments and ,munitions on #b ,february #aidb1 ,sauckel was appointed ,plenipotentiary ,general for ,labor ,allocation on #ba ,march #aidb1 and the ,central ,planning ,board was created on #bb ,april #aidb4 ,turning now to the defendant's position as ,chief of the ,jaegerstab4 ,the ,jaegerstab was formed pursuant to a ,speer decree of #a ,march #aidd1 for the purpose of increasing the production of ,german fighter aircraft1 which1 because of effective and heavy raids by strategic air forces of ,great ,britain and ,america1 had suffered a production decrease to a figure below #a1jjj planes a month4 ,because of this reduced production of fighter planes1 ,milch had requested ,speer to establish a commission to deal with this most vital problem4 ,the commission was created and ,speer and ,milch were joint chiefs4 ,the ,jaegerstab was actually a group of experts1 drawn from the various phases of ,german industry and supplemented by representatives of the various ,ministries concerned1 such as ,labor1 ,supply1 ,transportation1 ,power and ,energy1 ,raw ,materials1 ,health1 ,repairs1 and so forth4 ,meetings were held almost daily1 in the beginning at the ,air ,ministry in ,berlin and later at ,tempelhof airfield in the same city4 ,the ,jaegerstab functions were these3 the quick repair of plants damaged in bombing or strafing operations1 the dispersal of ,german aircraft plants1 and the construction of underground factories for aircraft production4 ,as it was with the ,central ,planning ,board1 so it was with the ,jaegerstab1 a major problem was the procurement of slave labor4 ,the workers for the ,jaegerstab were procured from the ,sauckel ,ministry1 from occupied countries1 and from the ,,ss1 who supplied concentration camp inmates and ,hungarian ,jews4 ,so successful was the work of the ,jaegerstab that ,speer decided to enlarge its functions to include other phases of armament and munitions production4 ,accordingly1 on #a ,august #aidd1 he issued a decree expanding the functions of the ,jaegerstab and changing its name to ,ruestungsstab4 ,the position of ,generalluftzeugmeister was taken over by the defendant in #aida1 following the death of ,colonel ,general ,ernst ,udet4 ,in this post the defendant was in charge of all technical research in the ,luftwaffe and his was the over-all responsibility for all aircraft production4 ,as such he spoke for the ,luftwaffe in the meetings of the ,central ,planning ,board and in conferences with ,hitler4 ,it is obvious that here again the procurement of labor was a primary consideration for one who had the complete responsibility for keeping the ,luftwaffe in the air4 ,in the trial before the ,international ,military ,tribunal1 it was determined that #e1jjj1jjj laborers were deported to ,germany4 ,of these1 #d1hjj1jjj did not come voluntarily4 ,the evidence will show that the defendant's responsibility was as great1 if not greater1 than was ,sauckel's4 ,erhard ,milch raised his voice in demanding that foreign labor be procured by any methods and in advocating that cruel and repressive measures be taken by those in charge of these laborers4 ,there is no record of any utterance by him1 which can be offered as a mitigating circumstance to his complete complicity in the criminality of the slave-labor program4 ,the evidence on the altitude and freezing experiments will reveal him as a man completely without concern for the welfare and lives of the wretched1 unwilling victims of the criminal tortures conducted for the benefit of the ,luftwaffe4 ,the series of trials1 of which this is one1 if it is to serve its purpose in exposing and punishing the abuses of ,nazidom1 must strike hard at the cores of savage ,german militarism and its technical counterpart1 industry for war4 ,erhard ,milch is the foremost example of the union between ,german militarism and ,german heavy industry4 ,what useful purpose is served by condemning these two and allowing their sponsors1 men like ,milch1 to go unpunished8 ,we take it as a fundamental proposition that man is not the helpless product of his environment4 ,civilization is a lengthy chronicle of men who triumphed over difficulty4 ,its survival depends on the moral fibre of individuals who can use circumstance1 not be determined by it4 ,if society must answer for the actions of men1 and not men for the course of society1 then1 indeed1 governments are our masters and not our servants2 then1 indeed1 law dictates but does not express justice4 ,erhard ,milch lived during years of violence and in an evil environment but he was a man well able to overcome these factors and become a force for good4 ,it was by his own free choice that he followed the line of least resistance and became one of the evil spirits who cast a dark shadow of war and crime over ,germany and the world4 ,he had a choice between the easy wrong and the hard right--he chose the former4 ,peace1 order1 and progress depend on men of sufficient courage to choose at times a hard1 just path4 ,ours indeed is an exacting standard1 but the rewards are great1 and the alternative is chaos4 ----- #fd ,opening statement is recorded in mimeographed transcript4 #fe ,see section ,,iv ,a#c1 p4 #ebd ff4 #ff ,trial of the ,major ,war ,criminals1 vol4 ,,xix1 pp4 #dag-ah1 ,nuremberg1 #aidg4 #fg ,ibid41 vol4 ,,ii1 pp4 #aci-adj4 #fh ,see ,table of comparative ranks1 p4 #cca4 #fi ,trial of ,major ,war ,criminals1 vol4 ,i1 p4 #cca4 ,b4 ,opening ,statement for the ,defense#gj ,,dr4 ,,bergold3 ,may it please the ,tribunal1 ,i undertake now to present the evidence for the defense4 ,the prosecution has painted the blackest possible picture of the man ,i am here to defend4 ,it has pronounced a moral judgment on him1 even for the period of his life1 which1 according to the indictment1 is not to be judged by this ,tribunal4 ,because of the great difference between the ,american and the ,german people ,i have no knowledge of whether such a method of prosecution is customary in the ,united ,states of ,america4 ,the good principles of law which were practiced in ,germany before #aicc provided that even counsel for the prosecution should not reproach the defendant for anything that is not subject to examination by the ,tribunal4 ,the meaning of this is that defense counsel also should be in a position to express his views with regard to these charges4 ,this1 according to my opinion1 seems to be a fair principle4 ,therefore1 if it please the ,tribunal1 it shall be my aim in the course of my submission of evidence to prove by witnesses who have been approved and by the defendant himself that the charges made by the prosecution are incorrect1 and ,i shall aim to prove that also for the charges which are not contained in the indictment4 ,erhard ,milch has never in his life been a traitor1 as a person or in his profession1 not even at the end of the ,national ,socialist rule when he himself was threatened as to his life and his honor4 ,as a man of high intelligence and great talent for organization1 he always tried to do his best for his people and for the world4 ,to say of him that he misused his talent and devoted his life to a plan for conquest and enslavement of the world is to have a completely wrong conception of reality4 ,he was never a militarist in the bad sense of the word4 ,never did he arm secretly before #aicc nor make use of the peaceful instrument of the commercial air fleet for any sinister purposes4 ,he1 the man who wanted to devote himself only to the tasks of peace1 the man who in his capacity as director of the ,german ,lufthansa collaborated with many ,european air transport companies and who conceived this collaboration as almost a forerunner of a unified ,europe2 he1 the man who in #aicg devoted all his efforts1 together with a few wise and courageous statesmen1 to the attempt to bring about a full understanding and a large scale collaboration between ,france1 ,belgium1 and ,germany 7unfortunately1 the high ,tribunal has not given me permission to furnish complete proof for this fact72 he1 ,erhard ,milch1 truly never tried to enslave the world4 ,if he had succeeded in his plans in #aicg1 then there would have been no #aich4 ,and1 all the more1 there would not have been the horrible period of #aici to #aide1 the period in which the battle against intolerance became so hard and so complicated that we might think today that1 as in an ,arabian tale1 this spirit of intolerance freed itself from the bottle and spread itself over so wide an area that1 even today1 it causes actions which one day must also be condemned by the just and the wise4 ,i shall prove that from the moment when this man tried1 in #aicg1 to achieve his plans for peace he lost the confidence of his superiors4 ,he never belonged to the intimate circle in which his superiors confided1 even less so after #aicg4 ,they employed him unwillingly and only because they believed that they could not spare him because of his ability4 ,it is cheap and easy to say now that this man should have denied his superiors the benefit of his talents4 ,we shall prove that he tried to do so4 ,but who can dare to judge with certainty what went on in the heart of such a man who was terribly aware of what dangers threatened his people1 once the fateful step of starting the war had been taken8 ,neither did he want this step nor could he prevent it4 ,should he really have chosen the path of revolt1 this man who was brought up in a world in which1 for all ages1 military obedience had been an inviolate law1 this man who had a passionate love for his people8 ,how many human beings in any country are capable of breaking the chains of their education1 and turn against the laws which have been inviolate for them ever since their childhood8 ,there is no punishable guilt1 perhaps even no moral guilt in the fact that a man cannot free himself from the world of his education4 ,because it is the very essence of all education to give the man unbreakable laws and to create around him what philosophers call 8the environment proper to his own nature40 ,therefore1 he has not made himself guilty by doing what his education and the conceptions of his environment made him call his duty1 in a war which he did not want1 which he tried to prevent2 and the stopping of which he advised again and again after it had started4 ,this duty1 he felt1 was to do his work and to prevent the worst which he anticipated1 namely1 the terrible devastation of his fatherland and its complete and helpless collapse4 ,i shall prove that he always1 even after the war had broken out1 concerned himself with questions of defense only2 that he wanted to strengthen the fighter force1 a defensive weapon with which he wanted to prevent the doom of the ,german cities4 ,perhaps1 one day1 the necessity for this doom will be judged differently4 ,i shall prove that he condemned the attack against ,soviet ,russia as folly1 and that he tried to prevent it4 ,i shall show that in the spring of #aidc he submitted to ,hitler detailed proposals for an immediate termination of the war and that he told him without reserve that the war was lost4 ,if it is true that from that moment onward he made efforts again and again to strengthen the fighter force1 and that he took part in the creation of the ,jaegerstab1 who can reproach him with the intention to prolong the war if it will be proved that he knew that the enemy air forces would make a desert of ,germany8 ,was it inhuman that he tried to prevent this total destruction even if the war was lost8 ,he alone could not end the war4 ,but he could try to prevent the inferno in ,germany from becoming full reality4 ,what true lover of his own country in any part of the world would not make the same attempt8 ,never can he be considered guilty on account of that1 and even less so because of the fact that in other countries also voices have arisen and still arise which say that during the destruction of ,germany many a thing happened which was not always compatible with military necessity4 ,despite the pains he took1 his superiors mistrusted him so much that both ,goering and ,hitler contemplated to have him put out of the way4 ,i shall show that he never endorsed the theory of the superman and of the master race2 that he always remained humane and that he intervened on behalf of friends with disregard for his own security4 ,he never was cruel4 ,it may be that some of the minutes carry wild speeches about him which must strike your ,honors who come from a different world and are used to different customs as terrible and incomprehensible4 ,i shall prove to you that in the barracks yards1 which made the first impress on the sensitive mind of young ,milch1 wild expressions were quite common and that in ,german barracks yards bombastic expressions were considered normal and truly militaristic style4 ,nobody in ,germany did at any time take these expressions at face value4 ,for this human element in particular1 the old saying holds true that dogs which bark do not bite4 ,this man1 however1 was all the more inclined to use these shocking expressions due to the fact that in a number of accidents he had suffered severe concussions of the brain as a result of which he was more susceptible to fits of anger than other people2 all the more so since he was overburdened with work and always frantic because time was too short4 ,but witnesses will appear before this ,tribunal who will confirm that no one in his surroundings took these fits of wrath1 these crazy words1 seriously2 that these expressions never went further than the circle of his intimates1 and that they in no way had any effect4 ,his raving and yelling would make so little impression that when people around him noticed he was about to have another fit of rage1 one would hear the familiar quotation3 8,in a moment somebody will be hanged again and then nothing happens40 ,i shall show that this man knew nothing at all of the many abominable happenings which occurred out in the country1 sometimes committed by persons who were under his command1 and that1 for example1 the connection with the experiments at ,dachau were so remote and incidental that he could not even surmise what the men there undertook to do4 ,the sphere of his duties was so terrific1 the burden of his work so great that he truly would have needed to be a superman if he were expected to have known all that the prosecution finds out today from records and from the examination of the offenders4 ,it is appropriate to use a ,latin quotation here with a little change3 8,quod est in actis1 non semper est in munde40 ,not everything that the investigating mind uncovers at a later date and interconnects was so in actual fact4 ,the poet says 8,easy for him to speak who speaks last40 ,this man is charged with letting prisoners be abused and killed4 ,i shall prove that this was not so4 ,i shall even prove that1 for example1 he did everything possible to protect so-called terror fliers from being lynched4 ,he was a man who tried to attenuate verdicts pronounced by competent courts of justice and who never favored death sentences4 ,the prosecution charges him with the enslavement of the peoples of ,europe4 ,i shall prove that he never aspired to enslavement2 that information on deportations and shanghaiing never reached him2 and that1 on the contrary1 information reached him which was bound to confuse his judgment and which permitted him to engage in deeds which now are considered as wrong4 ,up to this day the opinion still prevails that everybody in ,germany knew everything about all the cruelties4 ,slowly1 however1 the recognition comes through that this is not correct4 ,in the 8,neue ,zeitung01 the official organ of the military government1 a ,german anti-,fascist by the name of ,arnold ,weiss ,reuthel1 whose book on the concentration camps is considered noteworthy by the newspapers1 published an article 8,on the ,psychological ,causes40 ,there he states literally3 8,one would have termed anybody who informed the public of such happenings a scoundrel or a lunatic4 ,this also explains why people who did not see these things with their own eyes and did not suffer from them day after day1 even today still refuse to believe that they actually happened4 ,yes1 to me too it seems today often a dream and impossible when ,i think back and try to persuade myself that they really happened1 the fearful excesses to which ,i was a witness during my #e years in the concentration camp40 ,thus writes1 be it noted1 a man who suffered for years in a concentration camp himself4 ,it has been proved again and again that the most painstaking secrecy was maintained regarding the atrocities4 ,this is no hollow talk4 ,this is the truth4 ,the actual perpetrators dissembled1 denied1 lied1 in a way that could not have been surpassed in cunning4 ,the documents show you1 ,honorable ,judges1 that it was forbidden for ,rascher to make reports without ,himmler's authorization4 ,himmler wanted to draw the veil of secrecy over everything4 ,but even with a ,hitler1 ,sauckel1 for example1 soft-pedalled all his doings in the procuring of the foreign workers4 ,regarding this1 ,i will submit evidence4 ,i shall also show that the assignment of these workers was not a point in any program existing from the outset2 that it was exclusively an emergency device which the exigencies of the war forced upon ,germany4 ,so at least all this had to appear to him1 the man who did not belong to the innermost circle4 ,that he could not think otherwise will be demonstrated to the ,court1 to the ,tribunal4 ,it is misleading when the honorable representative of the prosecution in his opening speech points out that this man had more to do with the use of forced labor than any other man in ,germany4 ,the ,international ,military ,tribunal1 in its judgment on ,speer1 whose position1 as no one in this courtroom can doubt1 was far more powerful and significant than that of this man here1 has stated3#ga 8,speer's position was such that he did not have to deal directly with the atrocities and the carrying out of the forced labor program40 ,on ,sauckel1 the ,international ,military ,tribunal says3#gb 8,it is nevertheless established beyond all doubt that ,sauckel had the over-all responsibility for the slave-labor program40 ,i shall offer evidence that ,sauckel actually also had the sole power over the manner in which the people were recruited and brought to ,germany1 and over the urgent work for which they were required4 ,the prosecution submitted much evidence in ,document ,books ,no4 ,,ia and ,,ib which contain the speeches and decrees of all kinds of persons and offices in ,germany and in the territories formerly occupied4 ,in my opinion1 however1 it never proved that the defendant knew of all these things1 much less that he had anything to do with them4 ,i shall prove that he knew nothing of all this and that it was all so far remote from his sphere of action that1 logically speaking and considering his numerous tasks1 he could know nothing about it4 ,i ask permission to remark here that in cases of this kind it is perhaps after all not in keeping with the rules of true justice to charge one person with everything that happened somewhere and was committed by someone among a people of eighty million4 ,in my opinion the concept of conspiracy is in such a case inflated to the point of monstrosity4 ,it was created for conditions of a narrower and smaller scope where it was within the framework of a man's possibilities to keep an over-all view of his associates and their deeds4 ,but to extend the concept of conspiracy over an entire nation and1 simultaneously1 over numerous organizations with millions of members1 that no longer can be commensurate with true justice4 ,this would result in the creation of a conspirator to whom would be ascribed a ,godlike stature4 ,that1 however1 would be a distortion of an intelligent legal thought4 ,it must1 therefore1 be demanded that in the case of each document1 of each act1 with due consideration of the extent of the defendant's working sphere and1 consequently1 with due consideration for his working capacity1 one should examine whether he could obtain knowledge thereof1 whether he could humanly anticipate1 examine any of them1 and by reason of his authority1 could somehow prevent them4 ,finally1 ,i shall prove to you that the documents submitted to you as official documents are not exact1 not reliable2 that they never were examined by the defendant and his associates1 and that they contain inaccuracies1 distortions1 and wilful deceptions4 ,regarding the powers and position held by the defendant1 a number of witnesses and the defendant himself will attest that his powers were not so great nor so permanent as the prosecution assumes4 ,we will show that while the ,medical ,inspector of the ,luftwaffe was subordinate to him in his capacity of ,inspector ,general of the ,luftwaffe1 this subordination was more a formal than a practical one1 that the staff of the ,medical ,service was not at all subordinate to him and that especially he did not have under his direction the ,,dvl 7,german ,experimental ,institute for ,aviation74 ,we shall further prove that even the ,central ,planning ,board did not have the significance that the prosecution assumes1 that this agency was much more an advisory and information agency1 that it was chiefly occupied with the allocation of raw materials and that only those decisions of the meetings were binding which were summarized in the so-called 8,results40 ,finally1 we shall show that although1 it is true1 the defendant was one of the founders of the ,jaegerstab1 he was not its chief and that his importance in this connection was far less than it would appear on first consideration4 ,the work of the ,jaegerstab and of the defendant was aimed solely at the protection of ,germany against bombing attacks1 and ,milch very soon lost all influence in this ,jaegerstab4 ,in the presentation of all this evidence1 ,i would ask the high ,tribunal to have in mind one difficulty which1 particularly in this case1 is nearly insurmountable4 ,the documents submitted by the prosecution are only parts of a body of material the extent of which can be termed gigantic4 ,when one considers that the ,jaegerstab1 for instance1 from the time of its establishment held daily meetings and that from those meetings only these few stenographic records of a few sessions have been submitted that appear in the document books of the prosecution1 then one realizes that not even five percent of the material pertaining to the ,jaegerstab has been submitted4 ,similar1 although perhaps not equally striking1 is the situation with reference to the minutes of the ,central ,planning ,board4 ,all these documents which were not submitted are not accessible to me at all4 ,does not1 however1 justice demand that the material in its entirety should be available to the defense counsel for examination8 ,already it has been possible for me to discover in the incriminating documents numerous passages which throw a different light on the indictment4 ,is it not highly probable1 then1 that numerous other passages may be found in all of the other material likely to extenuate to a high degree the guilt of the defendant1 or which1 in any case1 might show many things in a better light8 ,in an ordinary trial with a considerably narrower scope it is much easier for a defendant to conduct his defense than here where material of such volume is at hand that even if he had the best of memories1 it would be impossible for him to point out to me1 his counsel1 where and what kind of exonerating material can be found4 ,that simply surpasses the capacity of the human memory1 of the human ability to think4 ,in passing1 ,i would say that probably in all of the armies which fought in this war the responsible men used strong language during meetings and discussions which1 had they all gone down in records1 would today cause the milder ones to shake their heads4 ,wrath1 impatience1 worry1 and anguish because of damages sustained frequently lead responsible persons to wild utterances4 ,what counts is not whether such words are uttered but the deeds which come after such excitement dies away4 ,the prosecution had many long months to prepare its case4 ,we1 the defendant and ,i1 received the real documents on the indictment only in ,january4 ,it is beyond human capacity to examine everything within such a short period of time with the thoroughness which is necessary to assemble the required counter-evidence4 ,the presentation of argument on the part of the defendant must therefore1 be full of gaps4 ,it is particularly difficult in this case because within the short time available for preparation it is impossible to study all the problems which are brought to light as a result of the ,dachau experiments4 ,this calls for special technical knowledge which a man such as the defendant1 who never studied medicine1 simply cannot possess4 ,however1 as this trial is held simultaneously with the trial on the ,dachau experiments1#gc the danger exists that the important and exonerating facts brought to light there1 through the defendant experts and their well informed counsel1 cannot be properly appraised in the present case1 and in this way the cause of justice is endangered4 ,all of this ,i merely say in order to ask your ,honors not to lose sight of these angles in judging this present case4 ,honorable ,judges1 please bear that in mind also when examining the documents which ,i shall submit and1 giving ear to that extent to the voice of humanity and of justice1 lend your assistance to a man who1 cut off for so long and bitter a time from all his information and other aids to support his memory1 has been called upon to defend himself before you4 ,if at any time the fundamental principle of penal justice1 which exists since the days of the wise ,romans1 should find application1 8,in dubio pro reo0 7,in case of doubt favor the accused71 it should find strict application in this case4 ,that is what ,i wanted to tell you as an introduction4 ----- #gj ,opening statement is recorded in mimeographed transcript #bg ,january #aidg4 ,tr4 pp4 #did-ejd4 #ga ,,imt mimeographed ,german transcript p4 #affad4 ,see also ,trial of ,major ,war ,criminals1 vol4 ,i1 p4 #ccb1 ,nuremberg1 #aidg4 #gb ,ibid41 p4 #afeih4 ,see also ,trial of ,major ,war ,criminals1 vol ,i1 p4 #cba4 #gc ,united ,states vs4 ,karl ,brandt1 et al4 ,see vol4 ,i4 ,,iv4 ,,selections ,,from ,,the ,,documents ,,and ,,testimony ,,of ,,witnesses ,,of ,,prosecution ,,and ,,defense ,a4 ,slave ,labor ,i4 ,,general ,,slave ,,labor ,,program ,,in ,,germany ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,l-#gi #c ,extract from minutes of ,fuehrer #chg conference1 #bc ,may #aici4 ,,ec-#fh #f ,letter from the ,ministry of #chi ,finance and ,economics of ,baden1 #f ,march #aida1 containing directives regarding the treatment of ,polish farm workers4 #cjje-,,ps #g ,extracts from letter from the #cib ,reich ,labor ,ministry to presidents of regional labor offices1 #bf ,august #aida1 concerning the use of ,french and ,russian ,,pw's4 ,,ec-#aid #h ,memorandum of ,keitel1 #ca #cic ,october #aida1 concerning the use of ,,pw's in the armament industry4 #abjf-,,ps #i ,outlines of directives of #cie ,goering regarding the employment of ,,pw's in the armament industry1 #g ,november #aida4 #cjdj-,,ps #aj ,extracts from secret order of #cii ,himmler1 #bj ,february #aidb1 concerning the commitment and treatment of manpower from the ,east4 #jaf-,,ps #ac ,letter from ,sauckel to #dje ,rosenberg1 #bd ,april #aidb1 and extracts from report on ,sauckel's labor mobilization program1 #bj ,april #aidb4 #jhd-,,ps #af-;,a ,extracts from interdepartmental #djh report of the ,ministry for ,occupied ,eastern ,territories1 #cj ,september #aidb1 concerning the status of eastern laborers4 #bid-,,ps #ai-;,a ,extracts from top secret #daa memorandum1 signed by ,braeutigam1 #be ,october #aidb1 concerning effects of slave labor program4 ,l-#fa #bj ,letter from ,sauckel to the #dac presidents of labor offices1 #bf ,november #aidb1 concerning deportation and employment of ,poles and ,jews4 #ajfc-;,d-,,ps #ba ,extract from order of ,mueller1 #dae #ag ,december #aidb1 concerning prisoners qualified for work to be sent to concentration camps4 #aebf-,,ps #be ,extracts from letter from #daf ,german-appointed ,ukrainian main committee to ,frank1 ,february #aidc4 #djg-,v-,,ps #cj ,extracts from letter from #dah ,sauckel to ,hitler1 #ad ,april #aidc1 concerning labor questions4 #djg-;,,ix-,,ps #cc ,letter from ,sauckel to ,hitler1 #dbj #c ,june #aidc1 concerning foreign labor situation4 #cjjj-,,ps #cd ,extracts from report rendered #dbb to ,riecke1 ,ministerialdirektor in the ,ministry of ,agriculture1 #bh ,june #aidc1 on experiences in political and economic problems in the ,east4 #bfe-,,ps #ce ,extracts from report by ,leyser #dbc to ,rosenberg1 #cj ,june #aidc1 on conditions in the district ,zhitomir4 #bjd-,,ps #ci ,extracts from memorandum of a #dbd conference1 #ah ,february #aidd1 concerning the release of indigenous labor for purposes of the ,reich4 ,r-#ajc #dj ,extracts from a letter from the #dbf 7,german-appointed7 ,polish main committee to the ,general ,government of ,poland on the conditions of ,polish workers in ,germany1 #ag ,may #aidd4 #bjh-,,ps #ee ,report by ,sauckel1 #g ,july #aidd1 #dbh on the accomplishments of labor mobilization in the first half of #aidd4 #chai-,,ps #ef ,minutes of a conference on #aa #dcj ,july #aidd attended by ,milch1 concerning the labor problem4 ,defense ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,r-#abd #a ,extract from report on ,fuehrer #dch conference attended by ,milch on #ai ,february #aidb4 ,r-#abd #cb ,extract from the ,fuehrer #dch conference minutes1 #ba and #bb ,april #aidb4 ,r-#abd #b ,extract from the ,fuehrer #dci conference minutes of #c1 #d1 #e ,january #aidc4 #djg-;,,ii-,,ps #c ,report from ,sauckel to ,hitler1 #dci #aj ,march #aidc1 concerning difficulties originating from the draft of manpower in former ,soviet territories4 ,r-#abd #cc ,extract from report on ,fuehrer #dda conference of #cj ,may #aidc4 ,r-#abd #d ,extract from report of ,fuehrer #ddb conference of #aa-ab ,september #aidc4 ,r-#abd #cd ,extract from ,fuehrer conference #ddc of #a-d ,january #aidd1 concerning ,speer's report on the ,french labor situation4 ,,translation ,,of ,,document ,l-#gigd ,,prosecution ,,exhibit #c ,,extract ,,from ,,minutes ,,of ,,fuehrer ,,conference1 #bc ,,may #aici ,top ,secret ,to be transmitted by officer only ,minutes of a ,conference on #bc ,may #ci ,place3 ,the ,fuehrer's ,study1 ,new ,reich ,chancellery4 ,adjutant on duty3 ,lt4-,col4 7,,gsc7 ,schmundt4 ,present3 ,the ,fuehrer1 ,field ,marshal ,goering1 ,grand ,admiral ,admiral of the ,fleet ,raeder4 ,col4 ,gen4 ,general von ,brauchitsch1 ,col4 ,gen4 ,keitel1 ,col4 ,gen4 ,milch1 ,gen4 7of ,artillery7 ,lt4 ,general ,halder1 ,gen4 ,bodenschatz1 ,rear ,admiral ,schniewind1 ,col4 7,,gsc7 ,jeschonnek1 ,col4 7,,gsc7 ,warlimont1 ,lt4-,col4 7,,gsc7 ,schmundt1 ,capt4 ,army ,engel1 ,lt4 ,comdr4 ,albrecht1 ,capt4 ,army v4 ,below4 ,subject3 ,indoctrination on the political situation and future aims4 ,the ,fuehrer defined as the purpose of the conference3 #a4 ,analysis of the situation4 #b4 ,definition of the tasks for the armed forces arising from the situation4 #c4 ,exposition of the consequences of those tasks4 #d4 ,ensuring the secrecy of all decisions and work resulting from these consequences4 ,secrecy is the first essential for success4 ,the ,fuehrer's observations are given in systematized form below4 ,our present situation must be considered from two points of view3 7#a7 the actual development of events between #aicc and #aici2 7#b7 the permanent and unchanging situation in which ,germany lies4 ,in the period #aicc-aici1 progress was made in all fields4 ,our military situation improved enormously4 ,our situation with regard to the rest of the world has remained the same4 ,germany had dropped from the circle of ,great ,powers4 ,the balance of power had been effected without the participation of ,germany4 ,this equilibrium is disturbed when ,germany's demands for the necessities of life make themselves felt1 and ,germany reemerges as a ,great ,power4 ,all demands are regarded as 8,encroachments04 ,the ,english are more afraid of dangers in the economic sphere than of the simple threat of force4 ,a mass of #hj million people has solved the ideological problems4 ,so1 too1 must the economic problems be solved4 ,no ,german can evade the creation of the necessary economic conditions for this4 ,the solution of the problems demands courage4 ,the principle by which one evades solving the problems by adapting oneself to circumstances is inadmissible4 ,circumstances must rather be adapted to aims4 ,this is impossible without invasion of foreign states or attacks upon foreign property4 ,living space1 in proportion to the magnitude of the state1 is the basis of all power4 ,one may refuse for a time to face the problem1 but finally it is solved one way or the other4 ,the choice is between advancement or decline4 ,in #ae or #bj years' time we shall be compelled to find a solution4 ,no ,german statesman can evade the question longer than that4 ,we are at present in a state of patriotic fervor1 which is shared by two other nations--,italy and ,japan4 ,the period which lies behind us has indeed been put to good use4 ,all measures have been taken in the correct sequence and in harmony with our aims4 ,after #f years the situation is today as follows3 ,the national-political unity of the ,germans has been achieved1 apart from minor exceptions4 ,further successes cannot be attained without the shedding of blood4 ,the demarcation of frontiers is of military importance4 ,the ,pole is no supplementary enemy4 ,poland will always be on the side of our adversaries4 ,in spite of treaties of friendship1 ,poland has always had the secret intention of exploiting every opportunity to do us harm4 ,danzig is not the subject of the dispute at all4 ,it is a question of expanding our living space in the ,east and of securing our food supplies1 of the settlement of the ,baltic problem4 ,food supplies can be expected only from thinly populated areas4 ,over and above the natural fertility1 thorough ,german exploitation will enormously increase the surplus4 ,there is no other possibility for ,europe4 ,colonies3 ,beware of gifts of colonial territory4 ,this does not solve the food problem4 ,remember--blockade6 ,if fate brings us into conflict with the ,west1 the possession of extensive areas in the ,east will be advantageous4 ,upon record harvest we shall be able to rely even less in time of war than in peace4 ,the population of non-,german areas will perform no military service1 and will be available as a source of labor4 ,the problem 8,polish0 is inseparable from conflict with the ,west4 ,poland's internal power of resistance to ,bolshevism is doubtful4 ,thus ,poland is of doubtful value as a barrier against ,russia4 ,it is questionable whether military success in the ,west can be achieved by a quick decision2 questionable too is the attitude of ,poland4 ,the ,polish government will not resist pressure from ,russia4 ,poland sees danger in a ,german victory in the ,west1 and will attempt to rob us of the victory4 ,there is therefore no question of sparing ,poland1 and we are left with the decision3 ,to attack ,poland at the first suitable opportunity4 99 99 99 99 99 ,,translation ,,of ,,document ,,ec-#fh ,,prosecution ,,exhibit #fge ,,letter ,,from ,,the ,,ministry ,,of ,,finance ,,and ,,economics ,,of ,,baden1 #f ,,march #aida1 ,,containing ,,directives ,,regarding ,,the ,,treatment ,,of ,,polish ,,farm ,,workers #di-g ,copy ,,iii ,b #e ,c 7in pencil7 ,karlsruhe1 #f ,march #aida ,minister of ,finance and ,economics of ,baden ,provincial ,land ,food ,office ,dept4 ,a4 7,provincial ,farmers ,association7 ,confidential ,only for ,official ,business ,to all ,district ,farmers ,associations ,kreis ,subject3 ,directives regarding the treatment of foreign farm workers of ,polish nationality4 ,the agencies of the ,reich ,food ,estate1 ,provincial ,farmers ,association of ,baden1 have received the results of the negotiations with the ,higher ,,ss and ,police ,leader in ,stuttgart on #ad ,february #aida1 with great satisfaction4 ,appropriate memoranda have already been turned over to the ,district ,farmers ,associations4 ,below1 ,i promulgate the individual regulations1 as they have been laid down during the conference and how they are not to be applied accordingly3 #a4 ,fundamentally1 farm workers of ,polish nationality no longer have the right to complain1 and thus no complaints may be accepted any more by any official agency4 #b4 ,the farm workers of ,polish nationality may not leave the localities in which they are employed1 and have a curfew from #a ,october to #ca ,march from #bjjj hours to #jfjj hours1 and from #a ,april to #cj ,september from #bajj hours to #jejj hours4 #c4 ,the use of bicycles is strictly prohibited4 ,exceptions are possible1 for riding to the place of work in the field1 if a relative of the employer or the employer himself is present4 #d4 ,the visit of churches1 regardless of faith1 is strictly prohibited1 even when there is no service in progress4 ,individual spiritual care by clergymen outside of the church is permitted4 #e4 ,visits to theaters1 motion pictures or other cultural entertainment are strictly prohibited for farm workers of ,polish nationality4 #f4 ,the visit of restaurants is strictly prohibited to farm workers of ,polish nationality except for one restaurant in the village1 which will be selected by the ,rural ,councillor's ,office1 and then only one day per week4 ,the day1 which is determined as the day to visit the restaurant1 will also be determined by the ,rural ,councillor's ,office4 ,this regulation does not change the curfew regulation1 mentioned above under ,no4 #b4 #g4 ,sexual intercourse with women and girls is strictly prohibited1 and wherever it is established1 it must be reported4 #h4 ,gatherings of farm workers of ,polish nationality after work is prohibited1 whether it is on other farms1 in the stables1 or in the living quarters of the ,poles4 #i4 ,the use of railroads1 buses1 or other public conveyances by farm workers of ,polish nationality is prohibited4 #aj4 ,permits to leave the village may only be granted in very exceptional cases1 by the local police authority 7mayor's office74 ,however1 in no case may it be granted if he wants to visit a public agency on his own1 whether it is a labor office or the ,district ,farmers ,association1 or whether he wants to change his place of employment4 #aa4 ,arbitrary change of employment is strictly prohibited4 ,the farm workers of ,polish nationality have to work daily so long as the interests of the enterprise demand it1 and as it is demanded by the employer4 ,there are no time limits to the working time4 #ab4 ,every employer has the right to give corporal punishment to farm workers of ,polish nationality1 if instructions and good words fail4 ,the employer may not be held accountable in any such case by an official agency4 #ac4 ,farm workers of ,polish nationality should if possible be removed from the community of the home1 and they can be quartered in stables1 etc4 ,no remorse whatever should restrict such action4 #ad4 ,report to the authorities is compulsory in all cases when crimes have been committed by farm workers of ,polish nationality which are to sabotage the enterprise or slow down work1 for instance1 unwillingness to work1 impertinent behavior2 it is compulsory even in minor cases4 ,an employer who loses his ,pole who must serve a longer prison sentence because of such a compulsory report will receive another ,pole from the competent labor office on request with preference4 #ae4 ,in all other cases1 only the state police is still competent4 ,for the employer himself1 severe punishment is contemplated if it is established that the necessary distance from farm workers of ,polish nationality has not been kept4 ,the same applies to women and girls4 ,extra rations are strictly prohibited4 ,noncompliance of the ,reich tariffs for farm workers of ,polish nationality will be punished by the competent labor office by the taking away of the worker4 ,in any case of doubt1 the ,provincial ,farmers ,association--,,ib--will give information4 ,forwarding in writing of the above agreement to the farm workers of ,polish nationality is strictly prohibited4 ,these regulations do not apply to ,poles who are still prisoners of war and are thus subordinated to the armed forces4 ,in this case1 the regulations published by the armed forces apply4 ,heil ,hitler6 ,,by ,,order3 ,signed ,,dr4 ,,klotz ,,partial ,,translation ,,of ,,document #cjje-,,ps ,,prosecution ,,exhibit #g ,,extracts ,,from ,,letter ,,from ,,the ,,reich ,,labor ,,ministry ,,to ,,presidents ,,of ,,regional ,,labor ,,offices1 #bf ,,august #aida1 ,,concerning ,,the ,,use ,,of ,,french ,,and ,,russian ,,pw',s ,vol4 #gh-,l ,annex #a to the ,decree of the ,reich ,minister of ,armament and ,munitions ,,the ,,reich ,,minister ,,of ,,labor ,va #eace_/abgg ,nr4 #cga-dggj_/da secret #baf_/ihe ,berlin1 ,,sw #aa1 #bf ,august #aida ,special ,delivery ,to the ,presidents of ,regional ,labor ,offices 7including ,nuernberg ,branch ,office7 ,subject3 ,use of ,russian ,,pw's4 ,reference3 ,circular of #ad ,august #aida--,va #eace_/aahi--4 ,upon personal order of the ,reich ,marshal ,goering1 #ajj1jjj men are to be taken from among the ,french ,,pw's not yet employed in armament industry1 and are to be assigned to the armament industry 7airplane industry74 ,gaps in manpower supply resulting therefrom will be filled by ,soviet ,,pw's4 ,the transfer of the above-named ,french ,,pw's is to be accomplished by #a ,october4 ,russian ,,pw's can be utilized only in larger concentrated groups under the well-known1 tougher employment conditions4 ,in the civilian field the regional labor offices will have to determine immediately those work projects where ,french prisoners of war can be withdrawn and replaced by ,soviet groups4 ,for the time being1 no additional assignment of ,soviet prisoners of war can be considered4 ,initially all replacement possibilities must be completely exhausted4 ,similarly1 all ,french ,,pw's no longer needed are not to be channeled into agriculture and forestry any more1 but exclusively into armament industry 7aircraft industry74 ,all branches of economic life employing ,french ,,pw's1 with the exception of armament industry and mining1 are to be encompassed in determining those work projects where exchanges are feasible4 ,the absolute necessity that ,soviet ,,pw replacements be employed in larger concentrated groups1 requires1 among other things1 special checking of all larger construction projects of any kind 7including construction of the ,reich railroads1 navigational and cultivation projects74 ,reich ,minister ,dr4 ,todt has already consented to the exchange of ,french ,,pw's employed by the ,reich super highways4 ,in agriculture the exchange can naturally be effected only in the case of large estates 7especially estates with outlying farms74 ,exchange of ,,pw's will frequently encounter resistance4 ,the factories concerned will be reluctant to exchange the trained and proven ,french ,,pw's for ,soviet ,,pw's4 ,in such cases the labor offices have to draw the factories' attention to the necessities of state1 and to the directive of the ,reich ,marshal4 ,as soon as the regional labor offices have determined the work projects affected by the exchange1 they will inform the ,service ,commands ,headquarters1 indicating how many ,french ,,pw's are being made available and how many ,soviet ,,pw's will be needed to replace the ,french ,,pw's4 ,without my express consent not more than #abj ,soviet ,,pw's may be requested for each #ajj ,french ,,pw's made available4 ,since the determining factors in the allocation of ,soviet ,,pw's are military and counter-intelligence considerations1 final decision about the exchange rests with the ,service ,commands ,military ,districts ,headquarters4 99 99 99 99 99 ,the first #ajj1jjj ,french prisoners of war shall be channeled into the aircraft industry4 99 99 99 99 99 99 99 99 ,,translation ,,of ,,document ,,ec-#aid ,,prosecution ,,exhibit #h ,,memorandum ,,of ,,keitel1 #ca ,,october #aida1 ,,concerning ,,the ,,use ,,of ,,pw',s ,,in ,,the ,,armament ,,industry ,copy ,fuehrer ,headquarters1 #ca ,october #aida ,the ,chief of the ,supreme ,command of the ,armed ,forces ,secret ,w,f,st_/,abt4 ,l 7,,ii ,org_/,,iv ,qu sic ,no4 #j #behh_/da ,secret ,subject3 ,use of prisoners of war in the war industry4 ,the lack of workers is becoming an increasingly dangerous hindrance for the future ,german war and armament industry4 ,the expected relief through discharges from the armed forces is uncertain as to extent and date4 ,its possible extent will by no means correspond to expectations and requirements in view of the great demand4 ,the ,fuehrer has now ordered that also the working power of the ,russian prisoners of war should be utilized to a great extent by large scale assignment for the requirements of the war industry4 ,the prerequisite for production is adequate nourishment4 ,also very small wages are to be planned for the most modest supply with a few consumers' goods for every day life1 and perhaps rewards for production4 ,for labor utilization ,arbeitseinsatz1 the following may be considered as examples3 ,i4 ,armed ,forces4 a4 ,clearing and construction units of all kinds in the occupied eastern territories4 b4 ,work and construction battalions in the other occupied territories and in ,germany4 c4 ,large scale employment in units to relieve soldiers in labor service4 ,,ii4 ,construction and ,armament ,industry4 a4 ,work units for construction of all kind1 particularly for the fortification of coastal defenses 7concrete workers1 unloading units for essential war plants74 b4 ,suitable armament factories which have to be selected in such a way that their personnel should consist in the majority of prisoners of war under guidance and supervision 7perhaps after withdrawal and transfer to other employment of the ,german workers74 ,,iii4 ,other ,war ,industries4 a4 ,mining as under ,,ii b4 b4 ,railroad construction units for building tracks1 etc4 c4 ,agriculture and forestry in closed units4 ,the utilization of ,russian prisoners of war is to be regulated on the basis of above examples by3 ,to ,i4 ,the armed forces4 ,to ,,ii4 ,the ,reich ,minister of ,armament and ,munitions and the ,inspector ,general for the ,german road system1 in agreement with the ,reich ,minister of ,labor and the ,supreme ,command of the ,armed ,forces 7,economic ,armament ,office74 ,commissioners of the ,reich ,minister of ,armament and ,munitions are to be admitted to the prisoner of war camps to assist in the selection of skilled workers4 ,to ,,iii4 ,the ,reich ,minister of ,labor4 ,limitations are-- #a4 ,the securing of guards to protect the ,german people from dangers4 #b4 ,housing in closed camps4 #c4 ,securing adequate nourishment4 ,the observance of the counter-intelligence regulations which apply for the use of prisoners of war will be supervised by military counter-intelligence agencies as until now4 ,,okw 7,,awa7#gf will furnish the ,reich ,minister of ,labor with blueprints based on professional selection for the appropriate use of labor and will also permanently provide workers for assignment to the labor utilization ,arbeitseinsatz4 ,furthermore1 the ,commander in ,chief of the ,army is asked to take the necessary measures for the recruiting of voluntary labor in the eastern operational zone in cooperation with the ,reich ,minister of ,labor4 ,signed ,,keitel ,distribution3 99 99 99 99 99 ,,translation ,,of ,,document #abjf-,,ps ,,prosecution ,,exhibit #i ,,outlines ,,of ,,directives ,,of ,,goering ,,regarding ,,the ,,employment ,,of ,,pw',s ,,in ,,the ,,armament ,,industry1 #g ,,november #aida ,draft ,rue7,,iv7 ,berlin1 #aa ,november #aida ,top ,secret #f ,copies--#fth ,copy ,,notes ,,on ,,outlines ,,laid ,,down ,,by ,,the ,,reich ,,marshal ,,goering ,,at ,,the ,,meeting ,,of #g ,,november #aida ,,in ,,the ,,reich ,,air ,,ministry ,,rlm ,subject3 ,employment of laborers in war industries ,the ,fuehrer's point of view as to employment of prisoners of war in war industries has changed basically4 ,so far1 a total of #e million prisoners of war--employed so far #b million4 ,directives for employment3 ,frenchmen3 ,individual employment1 transposition into the armament industry4 ,rue-,wirtschaft4 ,belgians3 ,individual employment1 transposition into the armament industry4 ,rue-,wirtschaft4 ,serbs3 ,preferably agriculture4 ,poles3 ,if feasible1 no individual employment4 ,output of ,russian armament industry surpasses the ,german one4 ,assembly line work1 a great many mechanical devices with relatively few skilled workers4 ,readiness of ,russians to work in the operational area is strong4 ,in the ,ukraine and other areas discharged prisoners of war already work as free labor4 ,in ,krivoi ,rog1 large numbers of workers are available due to the destruction of the factories4 ,employment of ,russian ,,pw's ,as a rule1 employment in groups geschlossener ,arbeitseinsatz2 no individual employment1 not even in agriculture4 ,guard personnel1 not only soldiers but also foremen1 at least during the working time proper4 ,as a rule soldiers in the camp4 ,one has to distinguish between employment in3 #a4 ,operational area1 #b4 ,reich ,commissariats 7occupied territories in the ,east71 #c4 ,general ,government1 and #d4 ,interior and ,protectorate4 ,to #a3 ,in the operational area take preferably into consideration3 a4 ,railroads4 b4 ,highway construction4 ,very important that in the ,ukraine some roads be built with increased speed1 not by ,german skilled labor but by ,russian ,,pw's4 c4 ,clearing work4 d4 ,agriculture4 ,the ,ukraine being conquered1 we now finally have to secure the feeding of the ,german people4 ,if necessary ,frenchmen and ,belgians are to be used for directing the work of the ,russian farm workers in the eastern area4 ,if farm machinery is lacking1 employ masses of workers4 ,transfer of ,german farmers only where actual success can be expected4 e4 ,railroad-repair-factories1 etc4 ,best supervision3 8,field kitchen04 ,quick evacuation from operational area necessary4 ,losses during transport very heavy 7escaping and joining with partisan and robber bands74 ,barbed wire hard to get4 7,discarding of barbed wire fences in ,east ,prussia desirable47 ,leave ,asiatic people in operational area if possible4 ,from construction battalions #fi1jjj workers have been transferred to the armament industry3 replacement by prisoner-of-war battalions4 ,again and again skilled workers are being found in the construction battalions 7machine wood or metal operators74 ,investigation by army desirable4 ,express will of the ,fuehrer1 that every skilled worker is used in the proper place4 ,if necessary1 repeated checking should be instituted4 ,to #b3 ,the same applies to employment in ,reich ,commissariats4 ,to #c3 ,the above is also applicable to the ,general ,government4 ,attention is to be paid to avoiding of unnecessary transport of machinery1 as thereby often the available manpower in the ,general ,government is not fully utilized and1 on the other hand1 the machinery cannot be made use of for a long time in other places4 ,to #d3 ,in the ,interior and the ,protectorate it would be ideal if entire factories could be manned by ,russian ,,pw's except the employees necessary for direction4 ,for employment in the ,interior and the ,protectorate the following are to have priority3 a4 ,at the top1 coal mining industry4 ,order by the ,fuehrer to investigate all mines as to suitability for employment of ,russians4 ,at times manning the entire plant with ,russian laborers4 b4 ,transportation 7construction of locomotives and cars1 repair shops74 ,railroad repair and industry workers are to be sought out from the ,,pw's4 ,railroad is most important means of transportation in the ,east4 c4 ,armament industries4 ,above all factories producing tanks and guns4 ,possibly also construction of parts for airplane engines4 ,suitable complete sections of factories to be manned exclusively by ,russians4 ,for the remainder1 employment in columns4 ,use in factories of tool machinery1 production of farm tractors1 generators1 etc4 ,in emergency1 erect in individual places barracks for occasional workers which are used as unloading details and similar purposes4 7,reich ,minister of the ,interior through communal authorities47 ,the ,general ,armed ,forces ,office of the ,supreme ,command ,armed ,forces ,,okw_/,,awa is competent for transporting ,russian ,,pw's1 employment through 8,planning ,board for ,employment of all ,,pw's40 ,if necessary1 offices of ,reich ,commissariats4 ,no employment where danger to people fuer ,menschen or their supply exists1 i4e41 factories sensitive to explosions1 waterworks1 powerworks1 etc4 ,no contact with ,german population1 especially no 8solidarity04 ,german worker as a rule is foreman of ,russians4 ,food is a matter of the ,four ,year ,plan4 ,supply their own food 7cats1 horses1 etc474 ,clothing1 billeting1 messing somewhat better than at home where part of the people live in caverns4 ,supply of shoes for ,russians1 as a rule wooden shoes2 if necessary install ,russian shoe repair shops4 ,examination of physical fitness1 in order to avoid importation of diseases4 ,clearing of mines as a rule by ,russians1 if possible by selected ,russian engineers4 ,employment offices for civilian workers to be kept separate from those for ,,pw's4 ,in this respect the wage problem is to be considered4 ,furthermore1 families in ,russia have to share the support4 ,as a rule employment in groups geschlossener ,einsatz4 ,some aspects for labor utilization ,arbeitseinsatz in general4 ,rather employ ,,pw's than unsuitable foreign workers4 ,draft ,poles1 ,dutchmen1 etc41 if necessary as ,,pw's1 and employ them as such1 if work through free contract cannot be obtained4 ,strong action4 ,general employment of all ,german women repudiated by the ,fuehrer4 ,where ,russians can be employed1 labor service is not to be used4 ,labor service to be used where greatest effect is produced1 even if the principle of education through labor service is curtailed thereby4 ,war situation to be taken into consideration4 ,as a matter of principle1 central interests precede local interests1 therefore no resistance from ,reich ,commissioners and other local authorities against labor utilization ,arbeitseinsatz in the homeland4 ,savings in wages are to be offset by compensatory contributions to the ,reich by the respective management4 ,express order by the ,fuehrer4 ,under no circumstances may the wage level in the ,east be raised or assimilated to the wages in western ,germany4 ,strong action is imperative against recruiting agents who offer high wages4 ,it is intended to issue a basically new regulation of wages for foreign workers4 ,foreigners not to be treated like ,german workers1 on the other hand do not provoke inferiority complex in foreigners by posters4 ,the welfare installations of the ,german ,labor ,front ,,daf are under no circumstances to be used by ,,pw's or eastern workers4 ,all agencies are to promote maximum utilization of ,russian manpower4 ,employment of ,russians not to be improvised1 but first to be thoroughly organized in the operational area4 ,speed is necessary1 as the mass of manpower is decreasing daily by losses 7lack of food and billets74 ,make provisions to decrease the excessive number of escaping prisoners4 ,especially in and around ,berlin1 strictest guarding is essential4 illegible initials ,distribution3 99 99 99 99 99 ,,partial ,,translation ,,of ,,document #cjdj-,,ps#gg ,,prosecution ,,exhibit #aj ,,extracts ,,from ,,secret ,,order ,,of ,,himmler1 #bj ,,february #aidb1 ,,concerning ,,the ,,commitment ,,and ,,treatment ,,of ,,manpower ,,from ,,the ,,east ,,general ,,collection ,,of ,,decrees ,,allgemeine ,,erlassammlung 7,,aes7 ,part #b ,secret ,printed by ,,rsha 7,reich ,security ,main ,office7 ,i ,org ,section #b ,a ,,iii f ,commitment of ,manpower from the ,east4 ,circular ,decree of the ,reich ,fuehrer ,,ss and ,chief of ,german ,police in the ,reich ,ministry of the ,interior dated #bj ,february #aidb--,s ,,iv ,no4 #bjh_/db 7foreign workers74 ,enclosed ,i am sending you general regulations concerning the recruiting and the committing of manpower from the ,east for your information and careful attention4 ,i have the following additional directives for the ,security ,police and the ,,sd ,security ,service3 ,a4 ,,manpower ,,from ,,the ,,original ,,soviet ,,russian ,,territory ,i4 ,general security measures4 #a4 ,the commitment of manpower in the ,reich from the original ,soviet ,russian territory results in greater dangers than any other employment of foreigners in spite of the special standards of their way of living1 since a complete separation from the ,german and other foreign laborers and a strict supervision will frequently1 in practice and especially at the place of work1 scarcely be effected4 ,the ,security ,police is charged with the responsibility for preventing the danger and it must do everything to accomplish its tasks2 that is1 to diminish the possibilities of danger to a minimum4 ,since enforcements cannot be counted on1 it is the special task of the inspectors and state police administrative offices to urge the other administrative offices1 charged with the commitment of the manpower1 to take over the affairs of the ,security ,police within the sphere of their jurisdiction4 99 99 99 99 99 ,,iii4 ,combatting violations against discipline4 #a4 ,according to the equal status of the manpower from the original ,soviet ,russian territory with prisoners of war1 a strict discipline must be exercised in the quarters and at the working place4 ,violations against discipline1 including work refusal and loafing at work1 will be fought exclusively by the ,secret ,state ,police ,gestapo4 ,the smaller cases will be settled by the leader of the guard according to instruction of the state police administration offices with measures as provided for in the enclosure4 ,to break acute resistance1 the guards shall be permitted to use also physical power against the manpower4 ,but this may be done only for a cogent cause4 ,the manpower should always be informed about the fact that they will be treated decently when conducting themselves with discipline and accomplishing good work4 #b4 ,in severe cases1 that is in such cases where the measures at the disposal of the leader of the guard do not suffice1 the state police office has to act with its means4 ,accordingly1 they will be treated1 as a rule only with strict measures1 that is1 with transfer to a concentration camp or with special treatment4 #c4 ,the transfer to a concentration camp is done in the usual manner4 #d4 ,in especially severe cases special treatment is to be requested at the ,reich ,security ,main ,office1 stating personal data and the exact history of the act4 #e4 ,special treatment consists of hanging4 ,it should not take place in the immediate vicinity of the camp4 ,a certain number of the manpower from the original ,soviet ,russian territory should attend the special treatment2 at that time they are warned about the circumstances which led to this special treatment4 #f4 ,should special treatment be required within the camp for exceptional reasons of camp discipline1 this is also to be requested4 99 99 99 99 99 ,,iv4 ,subversive activities against the ,reich4 ,anti-,reich activities1 especially dissemination of communist ideology1 propaganda of disunity1 sabotage acts1 are to be fought against with the strictest measures4 ,the care in obtaining information shall not suffer through quick arrests1 in order to catch the whole group of perpetrators4 ,anti-,reich conduct is1 as a rule1 to be punished by special treatment1 in slighter cases a transfer to a concentration camp may be considered4 ,v4 ,criminal violations ,kriminelle ,verfehlungen4 #a4 ,as a matter of principle1 criminal violations--regardless of whether committed inside or outside the camp--shall be punished by state police measures4 99 99 99 #b4 ,criminal offenses ,kriminelle ,delikte are generally to be punished as violations against discipline1 that is1 the state police measures provided for1 shall take place in cases of smaller violations1 and special treatment shall take place in cases of crimes--such as1 murder1 homicide1 and robbery4 #c4 ,concerning capital crimes against ,german persons1 punishment by criminal court procedure may1 however1 in an individual case appear suitable4 ,if the 7superior7 state police agency considers this opportune1 it can transfer the case to the prosecuting attorney1 under the provision that pursuant to the criminal laws1 one can safely count on the death penalty for the perpetrator4 ,,vi4 ,sexual ,intercourse4 ,sexual intercourse is forbidden to the manpower of the original ,soviet ,russian territory4 ,because of their closely confined quarters they have no opportunity for it4 ,should sexual intercourse occur nevertheless--especially by the individually employed manpower on the farms--the following is directed3 #a4 ,for every case of sexual intercourse with our ,german countrymen or women deutschen ,volksgenossen oder ,volksgenossinnen special treatment is to be requested for male manpower from the original ,soviet ,russian territory1 transfer to a concentration camp for female manpower4 #b4 ,when exercising sexual intercourse with other foreign workers1 the conduct of the manpower from the original ,soviet ,russian territory is to be punished as severe violation of discipline with transfer to a concentration camp4 ,,vii4 ,measures against fraternization with manpower from the original ,soviet ,russian territory4 #a4 ,special attention is to be paid to the fundamental segregation of manpower from the original ,soviet ,russian territory from the ,german population4 ,it is important to prevent a penetration of communistic ideology into the ,german population by cutting off every contact not directly pertaining to the work and1 if possible1 to avoid every solidarity between ,german people and the manpower from the original ,soviet ,russian territory4 ,against ,germans who act to the contrary1 steps are to be taken by the state police according to the situation of the individual case4 #b4 ,if ,german countrymen or women should exercise sexual intercourse or commit indecent acts with manpower from the original ,soviet ,russian territory1 transfer to a concentration camp is to be requested4 #c4 ,the intercourse between other foreign workers employed in the ,reich and the manpower from the original ,soviet ,russian territory also brings great dangers to be dealt with by the ,security ,police2 therefore1 it should also be fought with measures against the foreign workers4 ,as a rule1 the transfer to a correction camp 7deportation for ,italians7 will be proper2 this also applies to cases of sexual intercourse4 ,,viii4 ,search4 99 99 99 99 99 #b4 ,when caught1 the fugitive must receive special treatment4 99 99 99 99 99 ,b4 ,,manpower ,,from ,,the ,,baltic ,,countries ,,and ,,foreign ,,manpower1 ,,not ,,of ,,polish ,,origin1 ,,from ,,the ,,general ,,government ,,and ,,from ,,the ,,annexed ,,eastern ,,territories ,i4 ,general4 #a4 ,this manpower is to be treated uniformly in the ,reich by the state police4 ,in view of the political attitude of these nations1 or ethnic groups ,volksstaemme toward the ,reich on the one hand and their position in the ,east on the other hand1 they are to be governed by the regulations valid for foreign manpower in general1 but are subject to special limitations in their way of living4 #b4 ,these limitations consist essentially in a conspicuous separation of this manpower from the ,german people4 ,since the employment and housing of this manpower is not closely confined and guarded1 it is the task of the ,secret ,state ,police to be especially watchful about the observation of the mentioned principle4 ,the ,secret ,state ,police has to inform the offices charged with the employment of foreigners through constant communication1 that this principle will be considered in all measures of work employment4 ,settlement of these persons in the ,reich1 individual billeting in spite of existing collective quarters1 position superior to that of a ,german worker1 etc41 must not be tolerated4 ,as far as these people themselves violate the established principle1 and act unlawfully against ,germans by insubordination and acts of violence1 such a conduct will be met with state police measures4 #c4 ,this manpower must1 however1 by no means be put on the same level as the ,poles or the manpower from the original ,soviet ,russian territory1 on account of their nations' fundamental antagonism toward the ,polish people and ,bolshevism4 ,nevertheless1 special attention should be paid to them--especially by the establishment of an active intelligence service among this manpower--since their rather receptive attitude toward the ,german nation might change into the opposite1 but at least could stiffen1 because too high political expectations are not fulfilled4 99 99 99 99 99 ,,iii4 ,fighting against breach of labor contract4 #a4 ,the fight against breach of labor contract of this manpower is principally the duty of the ,secret ,state ,police4 #b4 ,this does not mean1 of course1 an interference with the activity of the ,reich trustee of labor1 with the means at his disposal in the regulation and settlement of industrial difficulties as long as no active intervention is necessary4 ,if more stringent measures are necessary1 the ,reich trustee of labor will transfer the proceedings to the ,secret ,state ,police4 #c4 ,in every case1 however1 it is the task of the 7superior7 state police agency to check whether the violation of the working duty by this manpower is not caused by the plant through breach of contract as well as general bad treatment4 ,if the conduct of the concerned manpower appears justified through the fault on the part of this plant1 the state police is not to interfere1 since this is free manpower4 #d4 ,in any other case1 however1 immediate action is necessary and1 in case of a breach of contract on part of this manpower1 the transfer to a correction camp is to be ordered1 as a rule4 ,in cases of severe repetition the transfer to a concentration camp can also be requested4 ,in the cases of breach of contracts handled by the state police1 the ,reich trustee of labor has to be informed each time about the decision4 ,,iv4 ,criminal violations4 99 99 99 99 99 #c4 99 99 994 ,crimes against decency1 acts of violence1 and acts of sabotage are to be punished1 as a matter of principle1 by state police measures 7special treatment72 however1 ,i have no objection against a transfer of the inquiry proceedings to the competent public prosecutor if1 pursuant to the criminal laws1 one can safely count on the death penalty for the perpetrator4 ,in these cases it is to be ascertained what the outcome of the trial is2 should1 against expectations1 a death sentence not be passed1 a report has to be made to me1 attaching copy of the judgment4 ,inquiry proceedings concerning other offenses are1 as a rule1 to be transferred to the competent public prosecutor4 ,if a strong increase of crimes is noted in certain spheres1 then there are no objections at all against punishing purely criminal acts1 as a deterrent example1 by state police measures4 99 99 99 99 99 ,,vi4 ,sexual intercourse with ,germans4 #a4 ,the sexual intercourse of the manpower from the ,baltic states as well as of the foreign manpower of non-,polish origin from the ,general ,government and from the annexed eastern territories with ,germans is punishable by severest penalties4 7,changed by ,circular ,decree dated #bc ,october #aidc47 ,the workers will be thoroughly instructed through the attached orientation sheet 7enclo4 #c7 not reproduced in the foreign languages when they report upon their arrival at the local police offices4 ,an instruction of the ,german population will be effected through the ,party administration offices4 #b4 ,the district ,kreis police offices have received instructions to arrest without delay workers who violate this regulation and to report them to the competent 7superior7 state police agency4 #c4 ,for male manpower who had sexual intercourse with ,germans1 special treatment is to be requested1 for female manpower1 transfer into a concentration camp4 ,the directives issued for the special treatment of ,polish civil workers are valid correspondingly2 this is also applicable for the treatment of the involved ,german persons4 99 99 99 99 99 ,,translation ,,of ,,document #jaf-,,ps#gh ,,prosecution ,,exhibit #ac ,,letter ,,from ,,sauckel ,,to ,,rosenberg1 #bd ,,april #aidb1 ,,and ,,extracts ,,from ,,report ,,on ,,sauckel',s ,,labor ,,mobilization ,,program1 #bj ,,april #aidb ,the ,plenipotentiary for the ,four ,year ,plan ,the ,plenipotentiary ,general for ,labor ,allocation ,,gba ,berlin ,w4 #h1 #bd ,april #aidb ,mohrenstrasse #fe 7,thuringia ,house7 ,phone3 #abfega ,stamp ,bureau of ,ministry ,ministerbuero received #bg ,april #aidb1 ,no4 #jhhg ,min4 #bh_/v ,dr4 ,k4,p4 has been informed ,very esteemed and dear ,party ,member ,rosenberg3 ,enclosed please find my program for the mobilization of labor4 ,please excuse the fact that this copy still contains a few corrections4 ,heil ,hitler6 ,yours1 ,signed ,,fritz ,,sauckel #e copies copy for ,mr4 ,wittenbacher4 ,signed ,,wachs ,chancellory #a ,may #aidb ,kanzlei ,stamp ,,mischke read3 ,,ilfl_/,,ks #d4e4db filed3 #a-e1 #e_/e #db ,pg ,to ,the ,reich ,minister for the ,occupied ,eastern ,territories1 ,party ,member ,rosenberg ,berlin ,the ,plenipotentiary for the ,four ,year ,plan ,the ,plenipotentiary for ,labor ,allocation #bj ,april #aidb ,sckl4_/,we4 ,the ,labor ,mobilization ,program 99 99 99 99 99 ,the aim of this new1 gigantic labor mobilization is to use all the rich and tremendous sources1 conquered and secured for us by our fighting armed forces under the leadership of ,adolf ,hitler1 for the armament of the armed forces and also for the nutrition of the homeland4 ,the raw material as well as the fertility of the conquered territories and their human labor power are to be used completely and conscientiously to the profit of ,germany and their allies4 99 99 99 99 99 ,,vii4 99 99 99 ,should we succeed with the help of the ,party to convince all the ,german intellectual and manual workers of the great importance of the labor mobilization for the outcome of the war1 and succeed to take good care of and keep up the morale of all the men1 women1 and the ,german youths who work within the labor mobilization program under extraordinarily strenuous circumstances1 as far as their physical and mental capabilities of endurance are concerned and should we furthermore be able1 also with the help of the ,party1 to use the prisoners of war as well as civilian workmen and women of foreign blood not only without harm to our own people but to the greatest advantage to our war and nutrition industries1 then we will have accomplished the most difficult part of the labor mobilization program4 ,the ,task and its ,solution 7,no figures are mentioned because of security reasons4 ,i can assure you1 nevertheless1 that we are concerned with the greatest labor problem of all times1 especially with regard to figures47 99 99 99 99 99 ,b4 ,the ,solution3 99 99 99 99 99 #c4 ,the armament and nutrition tasks make it vitally necessary1 not only to include the entire ,german labor power but also to call on foreign labor4 ,consequently1 ,i immediately tripled the transport program which ,i found when ,i took charge of my mission4 ,the main effort of that transport has been advanced into the months of ,may-,june in order to assure in time and under any circumstances the availability of foreign labor power from the occupied territories for an increased production1 in view of coming operations of the army1 as well as of agricultural labor in the sector of the ,german food economy4 ,all prisoners of war1 from the territories of the ,west as well as of the ,east1 actually in ,germany1 must be completely incorporated into the ,german armament and nutrition industries4 ,their production must be brought to the highest possible level4 ,it must be emphasized1 however1 that an additional tremendous number of foreign labor has to be found for the ,reich4 ,the greatest pool for that purpose is the occupied territories of the ,east4 ,consequently1 it is an immediate necessity to use the human reserves of the conquered ,soviet territory to the fullest extent4 ,should we not succeed in obtaining the necessary amount of labor on a voluntary basis1 we must immediately institute conscription or forced labor4 99 99 99 99 99 ,prisoners of ,war and ,foreign ,workers ,the complete employment of all prisoners of war as well as the use of a gigantic number of new foreign civilian workers1 men and women1 has become an indisputable necessity for the solution of the mobilization of labor program in this war4 ,all the men must be fed1 sheltered1 and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure4 ,it has always been natural for us ,germans to refrain from cruelty and mean chicaneries towards the beaten enemy1 even if he has proved himself the most bestial and most implacable adversary1 and to treat him correctly and humanely1 even when we expect useful work of him4 ,as long as the ,german armaments industry did not make it absolutely necessary1 we refrained under any circumstances from the use of ,soviet prisoners of war as well as of civilian workers1 men or women1 from the ,soviet territories4 ,this has now become impossible and the working capacity of these people must now be exploited to the greatest extent4 99 99 99 99 99 ,therefore1 ,i want to impress most cordially but also most emphatically upon all the men and women who participate decisively in this war in the labor mobilization program1 the necessity to comply with all these necessities1 decisions and measures1 according to the old ,national ,socialist principle3 ,nothing for us1 everything for the ,fuehrer and his work1 that is1 for the future of our ,nation6 ,signed ,,fritz ,,sauckel ,stamp 7,the ,plenipotentiary for the ,four ,year ,plan ,the ,plenipotentiary ,general for ,labor ,allocation7 ,,translation ,,of ,,document #jhd-,,ps#gi ,,prosecution ,,exhibit #af-;,a ,,extracts ,,from ,,interdepartmental ,,report ,,of ,,the ,,ministry ,,for ,,occupied ,,eastern ,,territories1 #cj ,,september #aidb1 ,,concerning ,,the ,,status ,,of ,,eastern ,,laborers ,berlin ,,nw #g1 ,hegelplatz #b1 #cj ,september #aidb ,central ,office for ,members of ,eastern ,nations ,ih 7,,zo7 ,subject3 ,present situation of the ,eastern ,labor ,problem 99 99 99 ,the manner and method by which the problems created through the importation of millions of members of the eastern peoples into the ,reich are being solved is relevant with respect to two big tasks3 #a4 the development of the war situation1 #b4 the enforcement of the ,german claim for leadership in the ,east after the end of the war4 99 99 99 99 99 99 99 99 ,the facts which1 by the fall of #aidb1 have been changed only partially or incompletely1 are1 among other1 as follows3 #a4 ,the definition of workers from the occupied territories of the ,,ussr was narrowed down to the legal labor and social labor concept of 8,eastern workers02 thereby1 a particular 8employment relationship of a special type0 was created among 8foreigners0--something which had to be looked upon1 by those affected1 as degrading4 #b4 ,the drafting of eastern male and female workers often occurred without the necessary examination of the capabilities of those concerned1 so that #e to #aj percent sick and children were transported along4 ,on the other hand1 in those places where no volunteers were obtained1 instead of recruiting them pursuant to labor conscription law1 coercive measures were used by the police 7imprisonment1 penal expeditions1 and the like74 #c4 ,the allocation to enterprises was not undertaken by considering the occupation and previous training but according to the chance assignment of the individual to the respective transports or transient camps4 #d4 ,the billeting did not follow the policies for other foreigners1 but was done like for civilian prisoners1 in camps which were fenced in with barbed wire and were heavily guarded and which they were not permitted to leave4 #e4 ,the treatment by the guards was1 on the average1 without intelligence and cruel so that the ,russian and ,ukrainian workers1 in enterprises with foreign laborers of different nationalities1 were exposed to the ridicule of the ,poles and ,czechs1 among other things4 #f4 ,the food was so bad and insufficient in the camps for the eastern laborers employed in industry and mining that1 on the average1 the good capability of the camp members dropped quickly and many sicknesses and deaths occurred4 #g4 ,payment was carried out in the form of a ruling in which the industrial worker would be left on the average with #b or #c ,,rm each week1 and the farm laborers with even less1 so that the wage transfer to their homes became illusory1 not to mention the fact that no procedure was as yet developed for such transfer4 #h4 ,the postal service with their families was not feasible for months because of the lack of preparatory measures1 so that instead of factual reports1 wild rumors arrived in their countries--among others1 by way of emigrants4 #i4 ,the promises which had been made time and time again in the areas of enlistment were in gross contradiction with the facts mentioned under #c to #h4 ,apart from the natural impairment of morale and working capacity resulting from these measures and conditions1 the result was that the ,soviet propaganda seized upon this matter and exploited it carefully2 for this1 an ample basis was provided not only by the actual conditions and the letters which reached the home country of the workers in spite of the initial blockade1 as well as by stories of fugitives and such1 but also by the clumsy publications in the ,german press about the respective legal regulations4 ,as early as ,april #aidb1 ,commissar of ,foreign ,affairs1 ,molotov1 in his note to the enemy powers referred to this1 especially in section ,,iii of that note in which among other things it is stated3 8,the ,german administration is stamping under its feet the long recognized laws and customs of warfare by ordering its troops to take into captivity the male civilian population1 in many places even the women1 and to apply to them the kind of regime1 which the ,hitlerites have introduced for the prisoners of war4 ,this does not only mean slave labor for the captured peaceful inhabitants but in most cases also inescapable death by starvation or death through sickness1 corporal punishment1 and organized mass murders4 8,the deportation of peaceful inhabitants to the rear which has been very widely practiced by the ,german-,fascist ,army at the time of its advance is taking on a mass character2 it is carried out at direct orders of the ,supreme ,command of the ,german ,armed ,forces 7,,okw7 and its effects are especially cruel in the immediate rear areas during the retreat of the ,german ,army4 ,in a series of documents which have been found by units of the ,red ,army at the staffs of destroyed ,german units1 there is a reference to the ,order of the ,high ,command under ,no4 #bigd_/da of #f ,december #aida which orders the deportation of all grown men from the occupied places to prisoner of war camps4 99 99 99 8,sometimes1 all the inhabitants were deported1 sometimes the men were torn away from their families1 or mothers were separated from their children4 ,only the smallest number of these deported people have been able to return to their homes4 ,these returnees report about unheard-of degradations1 heaviest forced labor1 enormous numbers of deaths among inhabitants because of starvation and tortures1 about the murder by the ,fascists of all the weak1 wounded1 and sick40 99 99 99 99 99 ,the effects of this large-scale radio1 press1 and leaflet propaganda which is based on documentary evidence1 a propaganda operating even into ,german-administered territories1 must be considered as one of the main reasons for this year's stiffening of the ,soviet resistance as well as the threatening increase of guerilla bands up to the borders of the ,general ,government4 ,in the meantime1 after a betterment of the condition of the eastern laborers had been insisted upon1 not only by the ,main ,office for ,politics in the ,reich ,ministry for the occupied eastern territories1 which has been able to find support in the repeated requests by the ,high ,command of the ,armed ,forces1 but also by the gentleman charged with the responsibility for all labor employment as well as the ,department of ,labor ,employment in the ,german ,labor ,movement1 which has the supervision of the eastern laborers--those previously existing legal and police rulings have been mitigated and the conditions in the #h-aj1jjj camps in the ,reich have1 on the whole1 been improved4 99 99 99 ,in spite of the improvements mentioned as well as others1 which in many cases can be traced back to the personal intervention of the ,plenipotentiary ,general of ,labor ,allocation1 the total situation of the eastern laborers 7sampling date3 #a ,october #aidb7 must still be considered unsatisfactory1 99 99 994 ,there remains such a quantity of grievances and problems that it would be impossible to relate now4 99 99 99 99 99 ,signed ,,gutkelch ,,translation ,,of ,,document #bid-,,ps#hj ,,prosecution ,,exhibit #ai-;,a ,,extracts ,,from ,,top ,,secret ,,memorandum1 ,,signed ,,by ,,braeutigam1#ha #be ,,october #aidb1 ,,concerning ,,effects ,,of ,,slave ,,labor ,,program ,copy ,top ,secret ,matter of ,state ,geheime ,reichssache handwritten3 ,,ii #a #aafa_/dd g ,rs4 ,memorandum ,in the ,east1 ,germany is carrying on a threefold war3 a war for the destruction of ,bolshevism1 a war for the destruction of the ,greater ,russian ,empire1 and finally a war for the acquisition of colonial territory for colonizing purposes and economic exploitation4 99 99 99 ,with the instinct characteristic of the eastern peoples1 even the primitive person has soon found out that for ,germany1 the slogan 8liberation from ,bolshevism0 was merely a pretext1 in order to enslave the ,slavic peoples of the ,east in her own manner4 ,but lest any doubts at all exist as to this ,german war aim1 the ,german public is1 to an ever increasing extent1 unabashedly pointing at this intention4 ,not only for ,germany is the conquered territory publicly being claimed as colonization area1 but even for ,germany's bitter enemies1 the ,dutch and ,norwegians4 99 99 99 99 99 99 99 99 ,of primary importance1 the treatment of prisoners of war should be named4 ,it is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps4 ,allegedly there were not enough food supplies on hand for them4 ,it is especially peculiar that the food supplies are deficient only for prisoners of war from the ,soviet ,union1 while complaints about the treatment of other prisoners of war1 ,polish1 ,serbian1 ,french and ,english1 have not been heard of4 ,it is obvious that nothing was so suitable for strengthening the resistance of the ,red ,army as the knowledge that in ,german captivity a slow miserable death is to be met4 ,to be sure1 the ,main ,department for ,politics has succeeded here by unceasing efforts in bringing about a material improvement of the fate of the prisoners of war4 ,however1 this improvement is not to be ascribed to political insight1 but to the sudden realization that our labor market must be supplied with laborers at once4 ,we now experienced the grotesque picture of having to recruit millions of laborers from the occupied eastern territories1 after prisoners of war have died of hunger like flies1 in order to fill the gaps that have formed within ,germany4 ,now the food question suddenly no longer existed4 ,with the usual unlimited abuse of the ,slavic humanity1 8recruiting0 methods were used which probably have their model only in the blackest periods of the slave trade4 ,a regular manhunt was inaugurated4 ,without consideration of health or age1 the people were shipped to ,germany1 where it turned out immediately that many more than #ajj1jjj had to be sent back because of serious illnesses and other incapabilities for work4 ,it need not be emphasized that these methods would of necessity have their effect on the resistance of the ,red ,army2 of course1 these methods were used only in the ,soviet ,union1 and in no way remotely resembled this form in enemy countries like ,holland or ,norway4 ,actually we have made it quite easy for ,soviet propaganda to augment the hate for ,germany and the ,national ,socialist system4 ,the ,soviet soldier fights more and more bravely in spite of the efforts of our politicians to find another name for this bravery4 ,valuable ,german blood must flow more and more1 in order to break the resistance of the ,red ,army4 ,obviously1 the ,main ,department for ,politics has struggled unceasingly to place the methods of acquiring workers and their treatment within ,germany on a rational foundation4 ,originally it was thought in all earnestness to demand the utmost efforts with a minimum of food4 ,here1 as well1 not political insight1 but merely the most primitive biological knowledge has led to an improvement4 ,now #djj1jjj female household workers from the ,ukraine are to come to ,germany1 and already the ,german press announces publicly that these people have no right to free time and may not visit theaters1 movies1 restaurants1 etc41 and may leave the house at the most three hours a week1 except for duty purposes4 ,in addition1 there is the treatment of the ,ukrainians in the ,reich ,commissariat itself4 ,with an unequalled arrogance1 we put aside all political knowledge and1 to the happy surprise of all the colored world1 treat the peoples of the ,occupied ,eastern ,territories as whites of class #b1 who apparently have only the task of serving as slaves for ,germany and ,europe4 ,only the most limited education is suitable for them1 no social services must be given them4 ,their sustenance interests us only insofar as they are still capable of labor1 and1 in every respect1 they are given to understand that we regard them as of minute value4 99 99 99 99 99 ,berlin1 #be ,october #aidb ,signed ,,braeutigam ,,translation ,,of ,,document ,l-#fa ,,prosecution ,,exhibit #bj ,,letter ,,from ,,sauckel ,,to ,,the ,,presidents ,,of ,,labor ,,offices1 #bf ,,november #aidb1 ,,concerning ,,deportation ,,and ,,employment ,,of ,,poles ,,and ,,jews ,copy ,the ,plenipotentiary for the ,four ,year ,plan ,the ,plenipotentiary ,general for ,labor ,allocation ,berlin ,s4,w4 #aa1 ,saarlandstr4 #if #bf ,november #aidb ,va #edca_/gdfh_/db g ,to the ,presidents of the ,landes ,labor ,offices 7excl4 ,labor ,office ,brandenburg7 ,special-delivery letter ,secret ,subject3 ,employment of ,jews4 ,specif3 ,replacement of ,jews in war-essential jobs by ,polish labor4 ,in agreement with the ,chief of the ,security ,police and the ,security ,service1 ,jews still employed will now be evacuated from the territory of the ,reich and replaced by ,poles1 who are being deported from the ,general ,government4 ,the ,chief of the ,security ,police and the ,security ,service has informed me on #bf ,october #aidb1 that it is anticipated that during the month of ,november the evacuation of ,poles in the ,lublin district will begin1 in order to make room there for the resettlement of ,germans4 ,poles slated for evacuation1 as a result of this measure1 will be committed to concentration camps and put to work insofar as they are criminal or asocial elements4 ,the remaining ,poles1 if fit for labor1 will be transported without their families to the ,reich1 particularly to ,berlin2 there they will be put at the disposal of the labor allocation offices to serve as replacements for ,jews to be eliminated from armament factories4 ,the ,jews who will become available as a result of the employment of ,polish labor will be deported at once4 ,this will apply first to ,jews engaged in unskilled labor since they can be exchanged most easily4 ,the remaining so-called 8qualified0 ,jewish laborers will be left in the industries until their ,polish replacements have been made sufficiently familiar with the work processes by a period of apprenticeship to be determined for each case individually4 ,loss of production in individual industries will thus be reduced to the absolute minimum4 ,i reserve the right to issue further instructions4 ,please inform the labor offices concerned accordingly4 ,to the ,president of the ,landes ,labor ,office ,brandenburg1 ,berlin ,w4 #fb ,i transmit the foregoing copy for your information4 ,insofar as the removal of ,jews allocated for work concerns your district1 too1 ,i request that you take the necessary measures in cooperation with the competent offices of the ,chief of the ,security ,police and of the ,security ,service4 ,signed ,,fritz ,,sauckel ,,translation ,,of ,,document #ajfc-;,d-,,ps#hb ,,prosecution ,,exhibit #ba ,,extract ,,from ,,order ,,of ,,mueller1 #ag ,,december #aidb1 ,,concerning ,,prisoners ,,qualified ,,for ,,work ,,to ,,be ,,sent ,,to ,,concentration ,,camps ,berlin1 #ag ,december #aidb ,the ,chief of the ,security ,police and the ,security ,service ,b4 ,nr4 ,,iv #fef_/db ,secret ,secret ,distribution--,secret3 ,all ,commanders of the ,security ,police and the ,security ,service ,all ,inspectors of the ,security ,police and the ,security ,service ,all ,commandants of the ,security ,police and the ,security ,service ,all ,chiefs of ,state ,police ,headquarters ,for information3 ,the ,chief of the ,,ss ,economic and ,administrative ,main ,office1 ,,ss ,obergruppenfuehrer ,lt4 ,gen4 ,pohl ,all ,higher ,,ss and ,police ,chiefs ,the ,inspector of ,concentration ,camps ,for reasons of war necessity1 which need not be specified here1 the ,reich ,leader ,,ss and ,chief of the ,german ,police has ordered on #ad ,december #aidb that at least #ce1jjj prisoners fit for work are to be committed to the concentration camps before the end of ,january #aidc4 ,in order to reach this number1 the following measures are required3 #a4 ,as of now 7and for the time being1 until #a ,february #aidc7 eastern workers or such foreign workers1 who have been fugitives1 or who have broken contracts1 insofar as they do not belong to allied1 friendly1 or neutral states1 are to be brought by the quickest means to the nearest concentration camps under observance of the simplest formalities listed under ,no4 #c4 ,in order to eliminate or forestall complaints by outside public offices1 explanations will be furnished1 if required1 stating that the measures are essential for reasons of public security on the basis of the facts in the individual cases4 #b4 ,the commanders and the commandants of the ,security ,police and the ,security ,service1 and the ,chiefs of the ,state ,police ,headquarters will make immediate checks1 applying especially rigorous and strict standards1 on 7a7 prisons1 and 7b7 labor correction camps4 ,all prisoners fit for work1 if at all possible physically and from a humanitarian aspect1 will be committed at once to the nearest concentration camp1 according to the following instructions1 even if criminal procedures have already been or will be instituted in the near future4 ,only such prisoners who are to remain in solitary confinement1 for investigation purposes1 may be left4 99 99 99 99 99 ,by order3 ,signed ,,mueller ,certified correct4 ,signed ,,hellmuth ,seal of ,secret ,state ,police ,chief ,secretary of ,police ,,partial ,,translation ,,of ,,document #aebf-,,ps#hc ,,prosecution ,,exhibit #be ,,extracts ,,from ,,letter ,,from ,,german-,,appointed ,,ukrainian ,,main ,,committee ,,to ,,frank1 ,,february #aidc ,copy ,prof4 ,dr4 ,wolodymyr ,kubijowytch1 ,chairman of the ,ukrainian ,main ,committee ,krakow1 ,february #aidc ,to the ,governor ,general1 ,reich ,minister ,dr4 ,frank4 ,your ,excellency3 ,complying with your request ,i am sending you this letter1 in which ,i should like to state briefly the critical conditions and the distressing incidents which are creating an especially grave situation for the ,ukrainian population in the ,general ,government4 99 99 99 99 99 99 99 99 ,,ii4 ,measures of labor procurement4 ,the general nervousness is enhanced yet by the wrong methods to obtain labor1 which have been used increasingly in recent months4 ,the wild and ruthless manhunt carried on everywhere in towns and country1 in streets1 public squares1 railway stations1 even in churches1 as well as in homes at night1 has badly shaken the sense of security of the population4 ,everybody is exposed to the danger of being seized anywhere and at any time by the police1 suddenly and unexpectedly1 and being taken into an assembly camp4 ,the family does not know what has happened to him1 until weeks or months later one or the other gives news of his fate by a postcard4 ,i beg to mention some instances with their respective proofs3 a4 ,during such a drive a schoolboy in ,sokal lost his life and another was wounded 7,app4 #b74 b4 #ai ,ukrainian workers from ,galicia1 all provided with identity cards1 were assigned in ,krakow to a transport of 8,russian prisoners of war0 and delivered into a punishment camp in ,graz 7,app4 #c74 c4 #ie ,ukrainians from ,galicia1 recruited for work in ,germany by the labor office in the middle of ,january1 were sent via ,east ,prussia to ,pskov in ,russia1 where most of them died as a result of the very severe conditions 7,app4 #d74 d4 ,seizure of workers under pretext of military recruitment 7,zalesczyki72 kidnapping schoolboys from classes 7,biala ,podlaska1 ,wlodawa1 ,hrubieszow7 7,app4 #e74 99 99 99 99 99 ,,iii4 ,question of ,personal ,security4 ,of a much worse character are the mass executions of absolutely innocent persons 99 99 994 99 99 99 99 99 ,appendix #ab 99 99 99 99 99 ,as this holiday is celebrated by the ,ukrainians with great piety1 the shootings of these innocent people on this holy day caused great indignance and embitterment4 ,these events depress the ,ukrainian population4 ,the view is current that now the shootings of the ,jews are coming to an end those of the ,ukrainians begin4 ,the case of ,ustrzyki is commented upon as follows3 ,the ,germans do not care about any non-,german sanctity and holidays1 they even shoot ,ukrainians on the ,ukrainian 8,schtschedryj ,wetschir0 7the case in ,ustrzyki74 ,the ,ukrainian population is suspicious of all orders given by the ,german authorities and even keep away from the communal kitchens1 for fear that those in need may be considered as beggars and shot4 99 99 99 99 99 ,,translation ,,of ,,document #djg-,v-,,ps ,,prosecution ,,exhibit #cj ,,extracts ,,from ,,letter ,,from ,,sauckel ,,to ,,hitler1 #ad ,,april #aidc1 ,,concerning ,,labor ,,questions ,g4,b4,a4 ,april #adth1 #aidc ,sckl4_/,we4 ,forwarded ,we4 in ink ,april #aeth ,to the ,fuehrer ,obersalzberg ,my ,fuehrer1 ,as ,gruppenfuehrer ,bormann has already informed you1 ,i am going to the eastern areas on the #aeth ,april in order to secure #a million workers from the east for the ,german war economy in the coming months4 ,the result of my last trip to ,france is that1 after exact fulfilment of the last program1 another #dej1jjj workers from the western areas1 too1 will come into the ,reich by the beginning of the summer4 ,with the addition of about #aej1jjj workers who furthermore may be obtained from ,poland and from the other territories1 it will then be possible by summer again to put #e-fjj1jjj workers at the disposal of ,german agriculture and #a1jjj1jjj workers at the disposal of the armament and other war industries4 ,i ask for your approval to have the new ,french workers come into the ,reich under conditions similar to those of the last group4 ,i have taken contact with the ,high ,command of the ,wehrmacht 7,,okw74 ,since the largest part of the ,belgian civilian workers and prisoners of war perform very satisfactorily1 ,i ask you to agree that a similar statute to that which was granted to the ,french be made for some #bj1jjj ,belgian prisoners of war4 ,this very great concession by you has made a very deep impression upon ,laval and the ,french ,ministers4 ,laval has repeatedly asked me to transmit his sincerest thanks for this to you1 my ,fuehrer4 #a4 ,after one year's activity as ,plenipotentiary for the ,allocation of ,labor1 ,i can report that #c1fch1jef new foreign workers have been added to the ,german war economy from #a ,april of last year to #ca ,march this year4 ,as a whole1 these forces have produced satisfactory performances4 ,their feeding and housing is secured1 their treatment so indisputably regulated that1 in this respect too1 our ,national ,socialist ,reich presents a shining example compared to the methods of the capitalist and bolshevist world4 ,however1 it is naturally inevitable that mistakes and blunders still occur here and there4 ,i will continue to endeavor with the greatest energy to reduce them to a minimum4 ,in addition to the foreign civilian workers1 #a1fbb1hbi prisoners of war are also employed in the ,german economy4 #b4 ,the #c1fch1jef workers are distributed amongst the following branches of the ,german war economy3 ,armament #a1efh1hja ,mining industry #afc1fcb ,building #bah1gjg ,transportation #aii1jgd ,agriculture and forestry #a1jjg1edd ,other branches of the economy #dhj1bih ,in addition to the foreign workers1 #e million male and female ,german workers were channelled into the ,german war economy proper through transfer from enterprises unimportant to the war effort1 to war-essential industries1 etc4 99 99 99 99 99 ,yours faithfully and obediently1 ,signed ,,fritz ,,sauckel ,the following persons received a copy of the above version3 ,reich ,marshal ,goering ,reichsleiter ,bormann ,reich ,minister ,dr4 ,lammers ,reich ,minister ,dr4 ,goebbels ,additional text on the original letter to the ,fuehrer4 ,since ,i will be in the eastern territories on ,april #bjth1 ,i ask you1 my ,fuehrer1 to accept in advance my most sincere congratulations along with those of my district ,gau and my family4 ,let me assure you that the district ,gau of ,thuringia and ,i will serve you and our dear people with all our strength4 ,it is the most fervent wish that you1 my ,fuehrer1 may always enjoy the best of health and that we ourselves can serve you to your complete satisfaction4 ,faithfully and obediently yours ,signed ,,fritz ,,sauckel ,,translation ,,of ,,document #djg-;,,ix-,,ps ,,prosecution ,,exhibit #cc ,,letter ,,from ,,sauckel ,,to ,,hitler1 #c ,,june #aidc1 ,,concerning ,,foreign ,,labor ,,situation ,the ,plenipotentiary for the ,four ,year ,plan ,the ,plenipotentiary ,general for ,labor ,allocation #agea_/dc pencilled forwarded on #f ,june #aidc ,berlin ,w #h1 #c ,june #aidc ,to the ,fuehrer of ,greater ,germany ,the ,fuehrer's ,headquarters4 ,my ,fuehrer1 ,i beg to be permitted to read to you a report on the situation of the labor allocation for the first #e months of #aidc4 ,the following number of new foreigners and prisoners of war was for the first time put at the disposal of the ,german war industry3 ,january #aidc #abj1jhe ,february #aidc #ach1ced ,march #aidc #beg1chb ,april #aidc #afj1ece ,may #aidc #agj1aee -------- ,,total #hdf1eaa ,i may remark that it was possible to reach this figure of #hej1jjj only under great difficulties which had not existed during the previous year and only because all labor allocation agencies1 particularly also in the occupied territories1 approached their task with the greatest devotion4 ,unfortunately1 quite a number of our officials and employees became victims of assassination1 attack1 and the like1 by partisans4 ,in addition to the labor forces put at the disposal of the economy within the ,reich1 several hundred thousand laborers were made available within the occupied territories by the agencies of the ,labor ,allocation ,administration to the ,organization ,todt as well as to the enterprises working for the ,german war economy in the ,east and the ,west4 ,furthermore1 it was possible to assign to the ,wehrmacht1 in addition to a large number of laborers1 some considerable numbers of labor volunteers4 ,moreover1 by virtue of the order concerning compulsory registration1 dated #bg ,january #aidc1 the following number of men and women are made available4 ,men ,women ,total ,february #ad1eid #afc1jab #agg1fjf ,march #de1fjf #did1ica #edj1ecg ,april #ai1cae #bfi1cgd #bhh1fhi ,may #aa1dhe #ahf1fhc #aih1afh -------- -------- -------- ,,total #ia1jjj #a1aad1jjj #a1bje1jjj ,however1 approximately #fjj1jjj of these persons are available only for less than #dh hours of work per week4 ,altogether ,german war industry recruited #b1jjj1jjj laborers during #e months of #aidc4 ,furthermore1 as regards wage control and increase of the output of the laborers in the various ,european territories1 especially in ,france1 negotiations were conducted as well as arrangements made and regulations issued1 which enabled us to keep the wage system in the occupied ,european territories in order to secure1 as far as possible1 the living conditions of laborers working for ,german interests1 in spite of the difficult conditions created by the war1 and to increase production by means of wage regulations also in these territories4 ,the coordination of these measures was achieved through agreements with the respective armament and agricultural agencies1 as well as with the ,reich ,commissioner for ,price ,control4 ,heil6 ,yours faithfully and obediently1 ,signed ,,sauckel ,,partial ,,translation ,,of ,,document #cjjj-,,ps ,,prosecution ,,exhibit #cd ,,extracts ,,from ,,report ,,rendered ,,to ,,riecke1 ,,ministerialdirektor ,,in ,,the ,,ministry ,,of ,,agriculture1 #bh ,,june #aidc1 ,,on ,,experiences ,,in ,,political ,,and ,,economic ,,problems ,,in ,,the ,,east ,freitag1 ,chief of ,main ,office ,,iii with the ,commissariat ,general in ,minsk ,minsk1 #bh ,june #aidc ,secret6 stamp ,main ,group ,food and ,agriculture ,rec'd4 #ad ,july #aidc2 no encl4 ,,iii ,e #gcc_/dc ,secret ,to ,ministerialdirektor ,riecke in ,berlin ,subject3 ,report on experiences in political and economic problems in the ,east1 particularly the ,commissariat ,general ,white ,ruthenia4 99 99 99 99 99 99 99 99 ,the task of the military agencies and1 subsequently1 of the ,german administration1 is3 8,exploitation of the region for the ,german war economy10 and the motto3 8,everything you do for ,germany is right1 everything else is wrong60 99 99 99 99 99 99 99 99 ,the recruitment of labor for the ,reich1 however necessary1 had disastrous effects4 ,the recruitment measures in the last months and weeks were absolute manhunts1 which have an irreparable political and economic effect 99 99 99 ,from 99 99 99 ,white ,ruthenia1 approximately #ej1jjj people have been obtained for the ,reich so far4 ,another #acj1jjj are to be obtained4 ,considering the total population of #b4d million1 these figures are impossible 99 99 994 99 99 99 99 99 99 99 99 ,due to the sweeping drives ,grossaktionen of the ,,ss and police in ,november #aidb1 about #bej1jjj acres of farmland are left unused1 as the population has gone and the villages have been razed4 99 99 99 99 99 ,signed ,,freitag ,,translation ,,of ,,document #bfe-,,ps#hd ,,prosecution ,,exhibit #ce ,,extracts ,,from ,,report ,,by ,,leyser ,,to ,,rosenberg1 #cj ,,june #aidc1 ,,on ,,conditions ,,in ,,the ,,district ,,zhitomir ,the ,commissioner ,general ,zhitomir1 #cj ,june #aidc ,secret ,oral report on the situation in the general district ,generalbezirk ,zhitomir1 by ,commissioner ,general ,leyser1 delivered at a conference with ,reich ,minister ,rosenberg1 in ,vinnitsa1 on #ag ,june #aidc4 ,mr4 ,reich ,minister1 99 99 99 99 99 ,the symptoms created by the recruiting of workers are1 no doubt1 well known to the ,reich ,minister through reports and his own observations4 ,therefore1 ,i shall not report them4 ,it is certain that a recruitment of labor1 in the sense of the word1 can hardly be spoken of4 ,in most cases1 it is nowadays a matter of actual conscription by force4 ,the population has been stirred up to a large extent and views the transports to the ,reich as a measure which does in no way differ from the former exile to ,siberia1 during the ,czarist and ,bolshevist systems4 99 99 99 99 99 ,to date1 almost #agj1jjj male and female workers have been sent to the ,reich from the general district ,zhitomir4 ,it can be taken for granted that1 during the month of ,june1 this number is going to rise to approximately #bjj1jjj4 99 99 99 99 99 ,the struggle which has to be carried on is hard and full of sacrifices4 ,but it will and must be carried through4 ,enormous moral forces have been mobilized in the personnel of the civil administration in their daily efforts4 ,the successes which they were able to achieve so far are impressive1 particularly with regard to the resistance encountered4 ,may ,i1 therefore1 be permitted at the conclusion of this report to thank all my co-workers for their excellent work4 ,they know that they are practically on the front4 ,i can promise your ,excellency1 that we all shall do our duty now1 and in the future1 as our ,fuehrer has ordered4 ,signed ,,leyser ,,partial ,,translation ,,of ,,document #bjd-,,ps ,,prosecution ,,exhibit #ci ,,extracts ,,from ,,memorandum ,,of ,a ,,conference1 #ah ,,february #aidd1 ,,concerning ,,the ,,release ,,of ,,indigenous ,,labor ,,for ,,purposes ,,of ,,the ,,reich ,the ,city ,commissioner in ,kaunas4 ,kaunas1 #ah ,february #aidd4 ,,procurement ,,of ,,indigenous ,,workers ,,for ,,purposes ,,of ,,the ,,reich ,numerous drives for the purpose of recruiting indigenous workers for the ,reich have taken place since the entry of ,german armed forces into the general district ,generalbezirk ,lithuania in ,june #aida4 ,a few weeks after the entry of the ,german troops1 thousands of ,lithuanian male and female farm workers were recruited at the instigation of the military administration1 to work for #f months on large estates in the ,gau ,east ,prussia4 ,unfortunately1 the promises made then were not kept4 ,these farm workers were not released after #f months nor after #ab months2 their families remaining behind were left without any support for months2 they were for a long time refused a short vacation in ,lithuania1 and now it is even considered to transfer these farm workers1 recruited in #aida for #f months1 to the armament industry in the ,reich4 ,the second major drive was started by the armed forces in the spring of #aidb and concerned the collecting of approximately #g1jjj male workers as so-called transport helpers4 ,the action1 which was rushed into without sufficient propaganda preparation1 was greatly handicapped by unwise measures on the part of the nervous armed forces command4 ,thus for instance1 the ,lithuanians1 ordered to the official agencies 8only for registration01 were not allowed to return home and were taken away under military escort to the local barracks1 leaving them no way of either saying good-by to their families or putting in order their most important personal affairs4 ,no wonder that the enemy propaganda exploited this 8blemish0 with avidity comparing the procedure with the deportation methods used barely a year ago by the ,soviets4 ,until most recent times1 numerous additional drives have been undertaken for the purpose of obtaining volunteers for the armed forces1 the police and the ,reich ,labor ,service1 or for obtaining workers for the armament industry in the ,reich4 99 99 99 99 99 99 99 99 ,finally it must be recalled that the indigenous administration in its present form and since its inception has completely failed in the question of procuring workers for the ,reich4 99 99 99 99 99 99 99 99 #c4 ,gauleiter ,sauckel requested that #cj1jjj indigenous workers for the ,reich be recruited at short order and be shipped to ,germany4 ,at a conference between the ,commissioner ,general and the ,first ,councillor ,general ,ersten ,generalrat on #g ,september #aidc1 the latter offered to assume the entire responsibility for the execution of this drive for the native administration and to recruit and ship the specified number of #cj1jjj workers by #g ,november #aidc4 99 99 99 99 99 #d4 ,in the meantime1 ,gauleiter ,sauckel made an additional demand to the effect that the general district ,lithuania had to furnish #ajj1jjj native workers 7instead of the #cj1jjj demanded up until now7 for the ,reich4 ,at a conference with all the general councillors on #bd ,january #aidd1 the commissioner general did not leave any doubts as to the fact that this number would have to be furnished regardless of any consideration1 even at the risk of leaving many work projects in the general district unfinished and permanently removing workers needed on jobs in the country4 ,the responsibility for the execution of this new drive lies again in the hands of the local administration1 and1 with the consent of the commissioner general1 indigenous conscription commissions have been formed with all district chiefs and all chiefs of judicial and local districts4 ,the total number to be made available has been divided up into contingents1 and the quota to be furnished by every mayor or district chief was exactly determined4 ,this is the way the matter looks in the district of the ,city of ,kaunas3 ,new quota1 to be supplied #g1jjj workers #bj percent addition #a1djj workers -------------- ,,total #h1djj workers ,in the district of the ,city of ,kaunas1 according to the records of my labor office on #a ,february #aidd1 there were #g1jjj unfilled jobs in industry and the agencies of the armed forces1 police1 etc41 so that to all intents and purposes #ae1djj workers would have to be found in the city of ,kaunas alone1 in order to comply fully with the demands of the ,reich and the local economy4 ,and all that with a total indigenous population of only a little over #acj1jjj4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#ajche ,,prosecution ,,exhibit #dj ,,extracts ,,from ,a ,,letter ,,from ,,the 7,,german-,,appointed7 ,,polish ,,main ,,committee ,,to ,,the ,,general ,,government ,,of ,,poland ,,on ,,the ,,conditions ,,of ,,polish ,,workers ,,in ,,germany1 #ag ,,may #aidd ,polish ,main ,committee #e ,vischer ,street1 ,krakow ,krakow1 #ag ,may #aidd ,to the ,administration of the ,general ,government1 ,main ,department ,internal ,administration1 ,dept4 ,population and ,welfare1 #ac ,university ,street1 ,krakow ,no4 ,pa #a_/gbd -------- #ffii_/dd ,subject3 ,situation of the ,polish ,workers in the ,reich4 ,the living conditions of about #b million ,polish male and female workers in the ,reich have given rise to shortcomings which are largely lowering the will and the capacity to work of many workers1 endanger their health and even their lives1 and also have a strong influence on the situation of their families within the ,general ,government1 thus directly affecting the sphere of our own work4 ,these bad conditions are felt with particular intensity by those groups of workers who have been assigned for work in factories and have been lodged in large camps ,massenlagern4 ,with regard to workers on the land1 they occur as individual cases and are more easily dealt with4 99 99 99 99 99 99 99 99 ,food relief allotments--,we receive letters from the camps for eastern workers and their large families1 beseeching us for food4 ,the quantity and quality of camp rations mentioned therein--the so-called fourth category of rations--is absolutely insufficient to maintain the energies spent in heavy work4 #c4e kg4 bread weekly and a thin soup at lunch time1 cooked with swedes or other vegetables without any meat or fat1 with a meager addition of potatoes now and then1 is a hunger ration for a heavy worker4 ,sometimes punishment consists of starvation1 which is inflicted e4g41 for refusal to wear the badge 8,east04 ,such punishment has the result that workers faint at work 7,klosterteich ,camp1 ,gruenheim1 ,saxony74 ,the consequence is complete exhaustion1 an ailing state of health1 and tuberculosis4 ,the spread of tuberculosis among the ,polish factory workers is a result of the deficient food rations meted out in the community camps1 because energy spent in the heavy work assigned to them cannot be replaced4 99 99 99 99 99 ,the quantities of bread and other food fixed for ,polish children in the camps is thoroughly insufficient for building up substance for growing and developing their bodies4 ,in some cases children up to the age of #aj and even more are allotted #bjj grams of bread daily1 #bjj grams of butter or margarine and #bej grams of sugar monthly1 and nothing else 7factory in ,zeititz1 near ,wurzen1 ,saxony74 99 99 99 99 99 99 99 99 ,care of ,children--99 99 99 ,an indication of the awful conditions this may lead to is given by the fact that in the camps for eastern workers 7camp for eastern workers 8,waldlust01 ,post ,office ,lauf1 ,pegnitz7 there are cases of #h-year-old1 weak and undernourished children put to forced labor and perishing from such treatment4 99 99 99 ,health ,care--,the fact that these bad conditions dangerously affect the state of health and the vitality of the workers is proved by many cases of tuberculosis found in very young people returning from the ,reich to the ,general ,government unfit for work4 ,their state of health is usually deteriorated past hope of recovery4 ,the reason is that a state of exhaustion resulting from overwork and malnutrition is not recognized as a disease condition until the illness manifests itself in high fever and fainting spells4 99 99 99 99 99 ,protection of the ,family--,grave depression is caused among the eastern workers by the order forbidding marriage among them within the borders of the ,reich4 99 99 99 ,no less suffering is caused by the separation of families when wives and mothers of small children are torn away from their families and sent to the ,reich for forced labor4 99 99 99 99 99 ,religious ,care--,if under these bad conditions there is no moral support such as is normally provided by regular family life1 then at least such moral support which the religious feeling of the ,polish population require should be maintained and increased4 ,the elimination of religious services1 worship1 and religious care from the life of the ,polish workers1 the prohibition of church attendance at a time when there is a religious service for other people1 and other measures show a certain contempt for the influence of religion on the feelings and outlook of the workers4 99 99 99 99 99 99 99 99 ,stamp ,,the ,,polish ,,central ,,committee ,signed name illegible ,president ,,translation ,,of ,,document #bjh-,,ps ,,prosecution ,,exhibit #ee ,,report ,,by ,,sauckel1 #g ,,july #aidd1 ,,on ,,the ,,accomplishments ,,of ,,labor ,,mobilization ,,in ,,the ,,first ,,half ,,of #aidd ,plenipotentiary of the ,four ,year ,plan ,plenipotentiary ,general for ,labor ,allocation ,berlin ,w#h1 #g ,july #aidd #fe ,mohren ,street ,thuring ,house ,secret ,,nr #ebj_/dd_/;g ,dr4 ,,st_/,ka ,special ,delivery ,letter ,to3 ,all ,top ,reich ,authorities ,the ,reich ,leader of the ,,nsdap ,all ,top ,army ,agencies ,all ,gauleiters ,subject3 ,accomplishments of the ,labor ,mobilization in the first half of #aidd4 ,enclosed ,i am submitting the total figures on additional manpower placed at the disposal of the ,german war effort by the ,german ,labor ,offices in the first half-year of #aidd4 ,they represent only such manpower that was not previously employed in the ,german war effort4 ,according to the quota of #d1jej1jjj laborers set for this year1 #b1jjj1jjj new workers would have had to be secured in the first half of the year4 ,because of increased difficulties in ,italy and in the occupied ,western countries1 regrettably one-half million less than that were found4 ,if despite the known difficult situation it was possible to mobilize #a1ejj1jjj people in the first half of the year1 it is solely due to the exertion of all available energy4 ,since the ,proclamation of #ag ,february #aidd1 around #fb1jjj women have reported for 8,voluntary ,honorary ,service10 and #eb1jjj of them have already been assigned to work4 ,heil ,hitler6 ,signed ,,fritz ,,sauckel ,plenipotentiary of the ,four ,year ,plan ,plenipotentiary ,general for ,labor ,allocation ,berlin1 #g ,july #aidd ,new ,manpower ,placed at the ,disposal of the ,economy between #a ,january and #cj ,june #aidd ,a4 ,entire ,economy3 ,total #a1dhb1jjj ,of these were3 ,germans #hdh1jjj ,foreigners #ecg1djj ,war prisoners #if1fjj ,b4 ,breakdown of allocation of the persons listed under ,a3 ,agriculture and ,forestry #bca1jjj ,of them1 foreigners #aef1jjj ,mining #df1jjj ,of them1 foreigners #cd1jjj ,metal industry #dae1jjj ,of them1 foreigners #bej1jjj ,all other branches of economy #gij1jjj ,of them1 foreigners #aid1jjj ,c4 ,origin of foreign labor3 ,occupied ,eastern ,territories #bhd1jjj ,general ,government #eb1jjj ,protectorate #bc1jjj ,france1 excluding ,northern ,france #cc1jjj ,belgium1 including ,northern ,france #af1jjj ,netherlands #ae1jjj ,italy #cg1jjj ,rest of ,europe #gg1djj ,,translation ,,of ,,document #chai-,,ps#hf ,,prosecution ,,exhibit #ef ,,minutes ,,of ,a ,,conference ,,on #aa ,,july #aidd ,,attended ,,by ,,milch1 ,,concerning ,,the ,,labor ,,problem ,,list ,,of ,,attendance ,,for ,,the ,,conference ,,in ,,the ,,reich ,,chancellery ,,on #aa ,,july #aidd #afjj ,,hours ,name ,official capacity ,agency ,dr4 ,kuehne ,chief of ,mil4 ,adm4 illegible 7#a7 ,warlimont ,general of ,artillery ,lt4 ,,okw ,gen4 ,dr4 ,kohlhaase ,director of ,labor ,section of the ,supreme ,commissioner1 ,adriatic ,coast1 ,trieste ,dr4 ,landfried ,state ,secretary1 ,chief of ,italy ,mil4 ,adm4 7#b7 ,walter ,funk and ,albert ,speer ,milch illegible 7#c7 ,krosigk 7#c7 ,steengracht ,state ,secretary ,foreign ,office ,abetz ,ambassador ,german ,embassy in ,paris ,hanel 8 ,major ,general ,armaments ,commissioner ,staff1 ,france von ,linstow ,colonel1 ,,gsc ,military ,commander1 ,france ,sass ,colonel1 ,,gsc ,general ,plenipotentiary for ,italy ,franssen ,major ,general ,armaments ,inspector1 ,belgium ,waeger ,major ,general ,armaments ,office ,sarnow ,ministerialdirektor ,gen4 ,staff of ,army1 ,,qm ,section ,koegel ,lieut4 ,col41 ,,gsc ,gen4 ,staff of ,army1 ,,qm ,section ,reeder ,chief of ,mil4 ,adm4 ,brussels ,heider ,chief of ,general ,staff ,brussels 7#d7 ,ley 7#e7 ,sauckel ,labor ,plenipotentiary ,berlin ,h4 ,backe ,minister ,reich ,food ,ministry ,marrenbach ,chief of ,dept4 ,german ,labor ,front ,leyers ,armaments ,plenipotentiary ,italy ,also present3 ,ministerial ,direktor ,klopfer 7,party ,chancellery7 ,ministerialrat ,froehling ,ambassador ,rahn ,dr4 ,huber 7#f7 ,chief of ,police1 ,dr4 ,kaltenbrunner ,general ,labor ,fuehrer ,kretschmann ,colonel ,meixner 7,,okw7 7#a7 ,united ,states vs4 ,wilhelm von ,leeb1 et al4 ,see vols4 ,x and ,,xi4 7#b7 ,trial before ,international ,military ,tribunal4 ,see ,trial of ,major ,war ,criminals1 vols4 ,i-,,xiii1 ,nuremberg1 #aidg4 7#c7 ,united ,states vs4 ,ernst von ,welzsaecker et al4 ,see vols4 ,,xii1 ,,xiii and ,,xiv4 7#d7 ,trial before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 7#e7 ,ibid4 7#f7 ,ibid4 ,berlin1 #ab ,july #aidd ,to ,rk4 #ehae ,c ,subject3 ,stepped-up ,procuring of ,foreign ,manpower ,executive ,conference1 #aa ,july #aidd ,note ,participating in the executive conference were the departmental chiefs and representatives indicated in the attached list of those present4 ,no guarantee can be given for the completeness of the list1 as not all participants signed the register4 ,reich ,minister ,dr4 ,lammers#hg reported by way of introduction on the various proposals on hand by the ,plenipotentiary ,general for ,labor ,allocation calculated to bring about the increase in labor in ,germany which is absolutely essential for winning the final victory4 ,he limited the theme of the discussion by saying that all possibilities were to be examined by which the present deficit of foreign manpower could be offset1 for example1 the question of the reestablishment of an acceptable price and wage differential between the ,reich and non-,german territories4 ,but the primary consideration will have to remain the solution of the question whether and in what form greater compulsion could be exerted to accept work in ,germany4 ,in this connection it must be examined how the police agencies1 regarding the inadequacy of which the ,plenipotentiary ,general for ,labor ,allocation has serious complaints1 could be strengthened1 on the one hand1 through bringing influence to bear on the foreign governments and1 on the other1 through reorganizing the indigenous police forces by an increased use of the ,wehrmacht1 the police or other ,german agencies4 ,reich ,minister ,dr4 ,lammers then gave the floor to the ,plenipotentiary ,general for ,labor ,allocation1 ,gauleiter ,sauckel4 ,gauleiter ,sauckel stated that the present deficit of the half-year program for #b1jbe1jjj foreign workers1 to be filled by #cj ,june of the current year1 totals #ejj1jjj4 ,of the total of #a1ejj1jjj workers procured up to now1 no less than #hfe1jjj were ,germans1 of whom half were apprentices and women1 two categories which cannot be regarded as full-fledged workers4 ,of the #efj1jjj foreigners put to work1 three-fourths came from the ,east alone4 ,this result was a scandal considering that the ,german people now are mobilized for work to the fullest extent and it represents the complete bankruptcy of ,german authorities in ,italy and ,france1 where hundreds of thousands of workers were still idling4 ,in mobilizing the manpower we did not exert the necessary severity and1 in particular1 we were unable to achieve the necessary unity of the ,german authorities4 ,it was quite improper for ,german authorities to interfere irresponsibly in the tasks of the ,,gba ,plenipotentiary for ,labor ,allocation4 ,he had to have much greater freedom of action1 just as was the case in #aidb4 ,with the present methods of recruitment for voluntary employment we would not make any progress1 for one thing because any volunteers still available exposed themselves to danger to life and limb from reprisals by their own fellow countrymen4 ,if1 on the other hand1 they were forcibly hired and decently treated at their jobs1 they would do completely satisfactory work4 ,attention to the wage and price questions connected with the subject was desirable1 but in the present situation no longer so important4 ,if no effective action were taken now1 our manpower mobilization program would fail1 with the consequence that the combat troops would no longer receive the weapons they need4 ,state ,secretary von ,steengracht1 ,foreign ,office1 stressed that the ,reich ,foreign ,minister from the beginning had favored the same standpoint as the ,plenipotentiary ,general for ,labor ,allocation4 ,the ,foreign ,office1 however1 could do nothing except press the foreign governments more or less urgently to meet ,german demands1 and this has been done consistently up to the present4 ,the police power was handled by others who1 therefore1 would now have to voice their opinion on the subject of the conference4 ,the ,deputy for the ,chief of the ,,okw1 ,general ,warlimont1 referred to a recently issued ,fuehrer order1 according to which all ,german forces had to put themselves at the disposal of the task to secure manpower4 ,wherever the ,wehrmacht was not employed exclusively in essential military duties 7as1 for example1 in the construction of the coastal defenses71 it would be available1 but it could not actually be assigned for the purposes of the ,,gba ,sauckel4 ,general ,warlimont made the following practical suggestions3 a4 ,the troops employed in fighting partisans are to take over the additional task of securing manpower in the partisan areas4 ,everyone who cannot fully show cause for his presence in these areas is to be seized for labor2 b4 ,when large cities1 due to the difficulty of providing food1 are wholly or partly evacuated1 the population suitable for labor commitment is to be put to work with the assistance of the ,wehrmacht2 c4 ,the seizing of labor recruits among the refugees from the areas near the front is to receive special attention with the assistance of the ,wehrmacht4 ,gauleiter ,sauckel accepted these suggestions with thanks and said that he expected that a certain measure of success would no doubt be achieved by these means4 ,on behalf of the ,military ,commander of ,belgium and ,northern ,france1 the ,chief of the ,military ,administration1 ,reeder1 put up for discussion the possibility of expanding the ,military ,police1 now totaling only #gj1 and of the ,civilian ,searching ,service ,fahndungsdienst consisting of ,flemings and ,walloons 7#a1ajj strong74 ,if the ,military ,police were increased to #bjj1 appreciable results could be achieved4 ,upon inquiry by ,reich ,minister ,dr4 ,lammers1 ,general ,warlimont promised on behalf of the ,,okw that the searching service would be reinforced4 ,on further inquiry by ,reich ,minister ,dr4 ,lammers1 as to whether the population suitable for work could not be taken along as the troops withdrew from an area1 ,colonel ,saas 7,plenipotentiary ,general for ,italy7 stated that ,field ,marshal ,kesselring had already directed that the population in a zone of #cj kilometers' depth behind the front was to be 8captured04 ,this measure1 however1 could not be extended to areas extending farther behind the lines1 because of the most severe shock that would be inflicted on the whole structure of these areas1 especially in regard to the industry still in full production4 ,gauleiter ,sauckel was of the opinion that widest circles of the ,wehrmacht saw something disreputable in the labor recruiting program4 ,there had been actual instances where ,german soldiers had endeavored to protect the population from being taken away by ,german labor recruiting agencies4 ,therefore it was essential to explain to the front troops the extraordinary importance of labor recruiting4 ,in contrast to the much too mild ,german method1 it was part of the ,bolshevist conception of war for the fighting troops1 on occupying a new territory1 to put the entire population to work at once4 ,the question for the administration thus was not one of mass recruiting1 but of being consistent4 ,it would be necessary to establish a few object lessons1 and the passive resistance would quickly change into active cooperation4 ,nor ought one to shrink from proceeding drastically against the administrative heads ,behoerdenleiter themselves who sabotage the labor recruitment4 ,not the small refractory offenders should be punished1 but the responsible administrative heads4 ,in addition to these compulsory measures1 other means too must be applied4 ,thus it would be advisable to remove a large part of the exceptional ,italian crops in order to improve the rations of the ,german and foreign workers4 ,a special problem was presented by the entirely insufficient rations for the ,italian military internees who were almost starving4 ,the ,fuehrer should be asked to have the statute for these military internees gradually altered4 ,this would release a not inconsiderable labor potential4 ,reich ,leader ,dr4 ,ley underscored these statements and suggested the establishment of a searching service made up by all ,german forces in the non-,german territories1 that would carry out the ruthless recruiting in large areas4 ,these proposals were countered by the following objections3 ,reich ,minister ,funk holds that ruthless raids would entail considerable disturbances in the industries of the non-,german territories4 ,the same opinion is held by the ,chief of the ,military ,administration of ,italy1 ,state ,secretary ,dr4 ,landfried1 who believes that the ,german forces making up the executive body are too weak1 and fears that the ,italian population would escape seizure in great numbers and flee to uncontrollable areas4 ,reich ,minister ,speer states that he had an interest in both promoting increased labor recruiting for the ,reich and maintaining the production in the non-,german territories4 ,up to the present1 #be to #cj percent of the ,german war production was furnished by the occupied ,western territories and ,italy1 with ,italy alone supplying #ab percent4 ,the ,fuehrer had recently decided that this production must be maintained as long as possible1 in spite of the difficulties already existing1 especially in the field of transportation4 ,the ,military ,administration1 in the opinion of ,reich ,minister ,speer1 was easily capable to seize sufficient foreign workers at its present strength1 as only a relatively small police force was needed for that purpose4 ,the chief need was for stricter orders1 but violent measures or large-scale round-ups were not to be carried out4 ,rather it would be advisable to proceed gradually with clean methods4 ,on behalf of the ,military ,commander in ,france1 ,chief of ,military ,administration ,dr4 ,michel1 referred to the statements of ,state ,secretary ,dr4 ,landfried and stated that the situation in ,france was similar4 ,the calling up of entire age groups was being prepared in ,france1 but had not yet begun as the ,german military authorities had not yet been able to give their consent4 ,the good will of the highest ,french authorities could not be doubted1 but it was lacking partly at the lower and middle levels4 ,the friendly administrators and individuals willing to work and showing cooperativeness toward the ,german authorities1 exposed themselves to reprisals by the ,french population4 ,ambassador ,abetz confirmed these statements4 ,the application of severe measures1 such as the shooting of ,french functionaries1 was of no avail4 ,such a policy only served to drive the population into the ,maquis4 ,in these territories1 where there were large ,german armed forces1 it would no doubt be possible to obtain a few more ten-thousands of workers4 ,then these same ,german forces could be employed in police duty1 which would also turn up large numbers of workers4 ,in ,paris1 the evacuation of which was being considered1 #ajj1jjj to #bjj1jjj workers could be seized4 ,in this connection it might be possible to transfer the manpower of entire industries in a body4 ,the ,chief of the ,security ,police1 ,dr4 ,kaltenbrunner1 declared himself willing1 if asked by the ,,gba1 to place the ,security ,police at his disposal for this purpose1 but pointed out their numerical weakness4 ,for all of ,france he had only #b1djj men available4 ,it was questionable whether entire age groups could be seized with these feeble forces4 ,in his opinion1 the ,foreign ,office must exercise a stronger influence on the foreign governments4 ,state ,secretary von ,steengracht1 ,foreign ,office1 commented to the effect that the agreements made with the foreign governments were entirely sufficient4 ,the governments had always been willing1 upon requests of the ,foreign ,office1 to issue the necessary orders4 ,if these orders were not carried out1 this was due to the inadequate police power of the foreign governments themselves4 ,in ,france1 it had been reduced to a minimum for political reasons4 ,in ,italy an executive power was no longer extant4 ,the ,foreign ,office was willing at any time1 he said1 to exercise stronger pressure on the foreign governments1 but did not expect too much from that4 ,state ,secretary von ,steengracht asked ,ambassador ,rahn to comment on this for ,italy4 ,ambassador ,rahn believes that there is still a sufficient number of workers in ,italy1 so that in theory #a million could still be taken out1 although #b_/c of the ,italian territory and population had been lost4 ,he had always been in favor of the system of drafting age classes4 ,this was generally successful until the fall of ,rome1 as could be seen from the fact that it was possible to seize #bjj1jjj ,italians for military service4 ,since that time the situation in ,italy had become extremely difficult1 however1 as the fall of ,rome was an enormous shock to the ,italian people4 ,the ,german authorities had done what they could to neutralize these effects and to that end had merged all executive power in the person of ,marshal ,graziani4 ,at present1 however1 the use of violent methods on a large scale was impracticable because it would cause complete disorder and disrupt production4 ,the best example for this is the retaliatory action ordered by the ,fuehrer because of the strikes in ,turin1 when #aj percent of all factory labor forces were to be conscripted because they were shirkers4 ,a force of #d1jjj ,germans was brought together for that purpose4 ,the result was that the food and power supply of ,turin was cut off by the resistance movement so that #bej1jjj workers had to stop working4 ,this could not be tolerated in view of the substantial contribution of the ,italian armament industry to the war effort4 ,field ,marshal ,kesselring declared that continuation of forced recruitment would cause not only the loss of the armament production in the upper ,italian area1 but the loss of the entire theater of war4 ,in the face of this statement the hardiest political will must keep silent4 ,the only thing which could be done was the execution of the forced recruitment in the rebellious area proper4 ,ambassador ,rahn believes the following practical suggestions could be carried out3 a4 ,the recruitment of volunteers is to be continued4 b4 ,to a limited extent1 plants are to be transferred to the ,reich with machinery and workers4 c4 ,the transfer of wage savings of the ,italian workers in ,germany to their homeland1 which is not functioning well1 is to be ensured4 ,for this purpose an automatic procedure is to be introduced which ,ambassador ,rahn had already proposed in another connection4 d4 ,the system of the induction of age classes will be resumed when the ,german military authorities consider the time ripe4 ,in answer to the reported remark of ,field ,marshal ,kesselring1 ,general ,warlimont 7,,okw7 commented that this remark was unknown to the ,,okw4 ,the ,,okw's approval of this standpoint could therefore not yet be assumed4 ,gauleiter ,sauckel declared that all these proposals were inadequate since they were not suited to mobilize the masses of manpower which he needed4 ,the execution of all these proposals had already been tried in practice since the labor mobilization authorities had at no time limited themselves to any single method4 ,he still had to name as seriously damaging to the execution of the labor mobilization plan the fact that his far-reaching jurisdiction and powers had been made the subject of discussion4 ,what he needed1 as already said1 was 8elbow room04 ,at the suggestion of ,reich ,minister ,dr4 ,lammers1 ,gauleiter ,sauckel declared himself willing to set up several programmatic demands on which he would consult with the interested parties and which then would be submitted to the ,fuehrer with a request for endorsement and translation into law4 ,a written formulation will follow4 ,for the time being the ,plenipotentiary ,general for ,labor ,allocation presents his demands as follows3 a4 ,the proposals of ,general ,warlimont will be discussed directly among the interested parties and will be carried out jointly4 b4 ,the ,plenipotentiary ,general for ,labor ,allocation receives permission to establish local security and recruiting machineries for labor recruitment1 which will operate on the basis of his orders and directives without interference by other offices4 c4 ,the regulations on recruitment of labor for ,germany promulgated by ,french and ,italian authorities are to be given solid foundations by concrete implementation orders which guarantee the most active collaboration of foreign authorities in the acquisition of manpower4 ,after these statements were made ,reich ,minister ,dr4 ,lammers closed the meeting1 pointing out that he would leave the further handling of the problem to those concerned1 as proposed4 ,initialed ,l4 ,,lammers ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #a ,,extract ,,from ,,report ,,on ,,fuehrer ,,conference ,,attended ,,by ,,milch ,,on #ai ,,february #aidb ,,points ,,of ,,discussion ,,on ,,visit ,,to ,,fuehrer ,,headquarters ,,on #ai ,,february #aidb 99 99 99 99 99 #af4 ,upon recommendation of ,field ,marshal ,milch1 the ,fuehrer decides that the #f-month contracts for foreign workers should be dropped and that tax regulations1 which stand in the way against this measure1 are to be rescinded4 ,rather1 contracts are to be introduced which would provide1 in the event of employment of longer duration 7exceeding six months71 a single lump sum compensation of some kind--also in view of the fact that there would be a corresponding saving of the cost of travel back and forth4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #cb ,,extract ,,from ,,the ,,fuehrer ,,conference ,,minutes1 #ba ,,and #bb ,,april #aidb ,,points ,,of ,,discussion ,,from ,,the ,,fuehrer ,,conference ,,of #ba ,,and #bb ,,april #aidb 99 99 99 99 99 ,,speer3 #bj4 ,the ,fuehrer explains clearly in an elaborate form that he does not approve the bad food dispensed to the ,russians4 ,the ,russians must absolutely be given sufficient food1 and ,sauckel has to see to it that this food will now be guaranteed by ,backe4 #ba4 ,the ,fuehrer is surprised that the civilian ,russians are kept like prisoners of war behind a barbed wire fence4 ,i told him that this was due to a decree issued by him4 ,the ,fuehrer knows nothing of such a decree4 ,i request the documents pertaining thereto to be included in the forthcoming ,fuehrer file and at the same time to see to it that ,sauckel will arrange to have the civilian ,russians no longer treated like prisoners of war4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #b ,,extract ,,from ,,the ,,fuehrer ,,conference ,,minutes ,,of #c1 #d1 #e ,,january #aidc ,berlin1 #h ,january #aidc ,,points ,,of ,,discussion ,,at ,,the ,,fuehrer ,,conference ,,of #c1 #d1 #e ,,january #aidc 99 99 99 99 99 ,,speer3 #ee4 ,the ,fuehrer demands unequivocally that in no case must it be permitted that ,france be less burdened than ,germany4 ,germany must sacrifice her blood for this war4 ,we must insist that ,france intensify her economic contribution4 ,any ,french workers on that job showing signs of resistance will be deported1 if necessary1 as civilian internees4 ,at the slightest attempt of sabotage the most rigorous measures must be taken4 ,any maudlin humanitarianism is out of place4 ,,translation ,,of ,,document #djg-;,,ii-,,ps#hh ,,defense ,,exhibit #c ,,report ,,from ,,sauckel ,,to ,,hitler1 #aj ,,march #aidc1 ,,concerning ,,difficulties ,,originating ,,from ,,the ,,draft ,,of ,,manpower ,,in ,,former ,,soviet ,,territories ,teletype #aj ,march #aidc ,to the ,fuehrer ,fuehrer ,headquarters ,with the urgent request to be submitted to the ,fuehrer in person immediately for decision ,subject3 ,difficulties originating from draft of manpower in former ,soviet territories4 ,my ,fuehrer1 ,you may be assured that the labor assignment is being pushed by me with fanatical will but also with circumspection and with due consideration for economic and technical as well as human necessities and conditions4 ,replacement for soldiers who will be relieved and the stockpiling of additional labor needed for the armament programs can and will be carried through1 notwithstanding the fact that especially during the last two winter months the greatest difficulties had to be overcome4 ,yet it was possible to make #beh1jjj foreign workers available to the war economy for ,january and ,february alone despite the fact that in the ,east transports practically ceased4 ,the employment of ,german men and women is in full progress4 ,inasmuch as the difficulties of the winter months will now gradually disappear1 and as preparations were made by me1 also the transports from the ,east can again be resumed in full measure4 ,although the yield of the registration and employment of ,german men and women is excellent1 the employment of the strongest and most efficient foreigners who are used to work cannot be neglected4 ,unfortunately1 some of the commanding generals ,oberbefehlshaber in the ,east have prohibited the compulsory enrollment of men and women in the conquered ,soviet territories for--as ,gauleiter ,koch#hi informs me--political reasons4 ,my ,fuehrer1 in order to enable me to carry out my assignment1 ,i ask that these orders be rescinded4 ,i consider it entirely impossible that the population of former ,soviet nationality could be accorded a greater measure of consideration than our ,german people on whom ,i have been forced to place very drastic measures4 ,should it no longer be possible to enforce the compulsion to work in the ,east1 nor to draft labor1 then the ,german war economy and agriculture will likewise no longer be able to fulfil their tasks in full measure4 ,i myself am of the opinion that under no circumstances should the commanders of our armies give credence to the ,bolshevist propaganda of atrocities and defamation4 ,after all1 it is to the interest of the generals themselves that replacements for the troops be made in opportune time4 ,i take permission to point out that--without wishing to discredit their best will--it is impossible to put ,german women--entirely inexperienced in work--into the place of hundreds of thousands of excellent workers who now have to go to the front as soldiers4 ,it must be possible for me to replace them with people from the ,eastern territories4 ,i myself report to you that all foreign nationals who are working with us are being treated satisfactorily according to humane standards2 that they are being treated correctly and fairly2 they are being fed1 housed1 yes1 even clothed4 ,because of my own experience in the service of foreign nations1 ,i am even bold enough to claim that never before have foreign workers been so decently treated anywhere in the world as is being done by the ,german people during this the hardest of all wars4 ,i therefore ask you1 my ,fuehrer1 to cancel orders which prevent the enrollment of foreign male and female workers and to kindly advise me whether my concept of the assignment as laid down herein still is correct4 ,i ask your permission to report to you in person on several important points of the labor recruitment early next week1 possibly on ,tuesday4 ,in lasting gratitude1 loyalty and obedience1 yours1 ,signed ,,fritz ,,sauckel ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #cc ,,extract ,,from ,,report ,,on ,,fuehrer ,,conference ,,of #cj ,,may #aidc ,obersalzberg1 #a ,june #aidc ,fuehrer ,conference on #cj ,may #aidc 99 99 99 99 99 ,,speer3 ,marginal ,note ,schieber1 ,pleiger1 ,sauckel1 ,backe1 ,keitel1 ,waeger4 #ai4 ,the coal situation causes the ,fuehrer to call a meeting with ,pleiger1 ,sauckel1 ,backe1 and ,keitel4 ,at this meeting will be discussed the allocation of sufficient labor for the coal district1 the removal of ,russian prisoners of war from farming and small war industries 7insofar as they are employed as unskilled labor7 and their replacement by other workers from the ,ukraine1 ,poland1 etc4 ,furthermore it is intended1 if possible1 to raise the food rations of the ,german miners1 even above present levels4 ,the ,russians are to get plentiful additional rations1 which will be individually allotted by plant managers on the basis of efficiency4 ,additionally the ,german workers--and particularly also the ,russian prisoners of war--will receive bonuses for higher production in the form of tobacco and similar items4 ,the details are to be discussed in a preliminary conference so as to establish uniform data as regards quantities1 etc41 for submission to the ,fuehrer4 ,on no account must we capitulate to existing conditions on the coal question4 ,coal is the critical basis for maintaining our production and the entire domestic economy4 ,marginal ,note ,saur1 ,kippung1 ,milch1 ,dornberger4 #bj4 ,the ,fuehrer desires that in areas which are certainly recurrent targets of enemy air attacks 7,ruhr ,district1 ,krupp-,essen7 about #ajj to #bjj rocket projector batteries be installed1 which experimentally are to fire a steady stream of rockets set for the computed altitude of the enemy formations4 ,some of these rockets will1 on detonating1 loose wire coils4 ,the ,fuehrer expects1 after all1 significant and not only psychological effects from massed1 unaimed fire against concentrated air attacks on these targets4 ,milch and ,dornberger are to state their views on the subject4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #d ,,extract ,,from ,,report ,,of ,,fuehrer ,,conference ,,of #aa-ab ,,september #aidc #ad ,september #aidc ,,fuehrer ,,conference ,,of #aa-ab ,,september #aidc 99 99 99 99 99 ,,dethleffsen3 #af4 ,the ,fuehrer brings up the question of air force matriel production and the discussion with ,messerschmitt1 and asks for my personal intervention with the ,reich ,marshal ,goering and ,field ,marshal ,milch to cut down appreciably on the number of aircraft types4 #ag4 ,the ,fuehrer approves ,messerschmitt's recommendation that a monthly conference be held on questions pertaining to developments and productions for the ,luftwaffe1 on the introduction of new types and modifications with the participation of construction designers and production experts4 ,this is to be discussed with ,field ,marshal ,milch4 ,,milch3 #ah4 ,the ,fuehrer is displeased that the long-range ,messerschmitt plane had not yet been taken up by the ,luftwaffe4 ,m4 is said to have been unable to obtain the support of the ,luftwaffe for it4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #cd ,,extract ,,from ,,fuehrer ,,conference ,,of #a-d ,,january #aidd1 ,,concerning ,,speer',s ,,report ,,on ,,the ,,french ,,labor ,,situation #f ,january #aidd ,,fuehrer ,,conference ,,of #a-d ,,january #aidd 99 99 99 99 99 ,marginal ,note ,kehrl1 ,waeger4 ,the ,fuehrer has been informed of the differences of opinion with the ,plenipotentiary ,general for ,labor ,allocation4 ,according to my arguments1 the principal thing is to exploit the industry of ,france for ,germany to a larger extent1 in order to be able to locate there about #a million additional workers4 ,however1 ,sauckel is of the opinion that first of all workers have to be brought to ,germany4 ,the ,fuehrer explains that in his view the transfer to ,france is of extreme importance1 be it only on account of the possibility to increase the production of iron connected therewith4 ,in spite of this1 in his opinion1 one cannot do without bringing additional ,french labor to ,germany4 ,it must1 therefore1 be attempted to find a happy union of both things4 ,in this connection he proposes to designate protected works in ,france1 in order to induce the ,french to work in these plants just through the pressure of allocation of labor for ,germany4 ,upon my statement that the protected plants have already been established1 he affirms again the importance of this institution and the necessity to create here a basis of long-range confidence4 ,he thinks that it is my affair whether ,i will be able to do without ,french labor or not2 ,sauckel could be only happy if ,i would do without them4 ,upon my reply that this is not the only problem1 but that also the question of the executive power is involved1 since otherwise a loss of prestige for ,germany and a disorder in the allocation of ,french labor would be inevitable1 the ,fuehrer declares that this is1 of course1 one of the most important bases for further discussions4 ,i then told him that on #c ,january there will be a meeting between ,himmler1 ,keitel1 ,sauckel1 and myself 7,kehrl7 7is the ,foreign ,office to be included871 at which these problems will be discussed4 ,subsequently there shall be a meeting with him1 at which the possibility of executive power in ,france1 as far as the allocation1 and the transport of ,french workers to ,germany is concerned1 will be laid before him4 7,kehrl to do advance work1 that we also make a claim for executive power for the protection of the factories in ,france against terror bands47 ----- #gd ,the basic importance of this ,hitler conference on #bc ,may #aici was emphasized by the ,,imt ,judgment4 ,see ,trial of ,major ,war ,criminals1 vol4 ,i1 pp4 #ahh and #bjj1 ,nuremberg1 #aidg4 ,for translation of entire document see ,nazi ,conspiracy and ,aggression1 vol4 ,,vii1 pp4 #hdg-hed1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #ge ,when the prosecution introduced this document in evidence1 the following colloquy ensued 7,tr4 p4 #di73 ,,judge ,,speight3 ,do you establish a chain between all of these documents which you read and the defendant8 ,,mr4 ,,denney3 ,if your ,honor please1 the prosecution1 in presenting these documents1 has in mind to give an over-all picture of the way slave labor was treated in ,germany1 going back to the early days showing that this defendant knew because of attendance at the ,may #aici1 conference that slave labor was going to be employed4 ,then as ,air ,ordnance ,master ,general1 later as ,chief of the ,jaegerstab1 and later as a member of the ,central ,planning ,board1 we will connect him with enterprises involving slave labor4 ,,judge ,,speight3 ,very well4 #gf ,allgemeines ,wehrmachtamt of the ,oberkommando der ,wehrmacht4 ,see case of ,united ,states vs4 ,wilhelm von ,leeb1 et al41 vols4 ,x1 ,,xi4 #gg ,for more complete translation of document see ,nazi ,conspiracy and ,aggression1 vol4 ,v1 pp4 #gdd-ged1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #gh ,for complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #df-ei1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #gi ,for complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #acj-adf1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #hj ,for complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #bdb-bea1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #ha ,otto ,braeutigam1 member of the ,economic ,political ,department of the ,foreign ,office4 ,as of ,may #aida detached by the ,german ,foreign ,office to ,rosenberg's ,agency1 the ,eastern ,ministry 7,ost-,ministerium74 #hb ,for more complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #ggh-i1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #hc ,for more complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iv1 pp4 #gi-ic1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #hd ,for more complete translation of document1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #bcd-bch1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #he ,for more complete translation1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,viii1 pp4 #ajd-ajg1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #hf ,for more complete translation1 see ,nazi ,conspiracy and ,aggression1 vol4 ,,vi pp4 #gfj-ggb1 ,u4 ,s4 ,government ,printing ,office1 ,washington1 #aidf4 #hg ,united ,states vs4 ,ernst von ,welzsaecker1 et al4 ,see ,vols4 ,,xii1 ,,xiii1 ,,xiv4 #hh ,after ,dr4 ,bergold read this document into the record he made the following statement 7,tr4 pp4 #ebj-eba73 8,which proves that until ,march #aidc1 the commanders in the conquered territories were opposed to the labor conscription1 and that it was ,sauckel who demanded that this opposition be removed1 because he was of the opinion that foreign people had to produce the same as the ,german people4 ,it is further important that he didn't declare that to the ,fuehrer alone but also to the defendant witness ,speer and the defendant ,milch4 ,accordingly1 the defendant witness ,speer later on will attest that never before have foreigners been treated so fairly4 ,in other words1 he lied to the men who were to work with him40 #hi #aacj-,,ps4 ,see ,nazi ,conspiracy and ,aggression1 vol4 ,,iii1 pp4 #gig-gii1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #b4 ,,the ,,central ,,planning ,,board ,,excerpt ,,from ,,the ,,statement ,,of ,,the ,,prosecution ,,regarding ,,milch',s ,,activity ,,in ,,the ,,central ,,planning ,,board1 #f ,,january #aidgij ,,mr4 ,,denney3 ,we come now to the part of the proof which places the defendant in the very center of the ,slave ,labor ,program4 ,we have shown that from the outset of the war and prior thereto1 he was thoroughly informed of the ,nazi plan for total war1 which contemplated the full use of all human material resources within the homeland4 ,we will show he was active in the formation and announcement of decisions of the ,central ,planning ,board4 ,we will show the ,board exercised jurisdiction in the matter of procurement1 allocation1 and use4 ,he carried out the master plan for requisition1 allocation1 and use of human raw material for the war machine4 ,there are words we will have by necessity to repeat as we introduce the documents--requisition1 allocation1 and use4 ,our evidence will show that ,milch1 a member of the ,central ,planning ,board1 belonged to an organization--and here again we have another important word 8belong04 ,he was one of two most essential men in the ,planning ,board that guided the decisions of that organization4 ,we will present to the ,court excerpts from the minutes of some #ab conferences at every one of which ,milch was present1 starting with the first held in ,april #aidb and ending with the fifty-eighth held in ,may #aidd4 ,actually1 he was at all but eight conferences1 and we use the figure 8eight0 advisably4 ,we are not sure1 he may have been in some of those4 ,there is no question that he was in every one of those meetings which we introduce here4 ,on occasions when ,speer was not present ,milch presided4 ,we will show he actively participated when the ,central ,planning ,board arrived at decisions with respect to the request1 allocation1 and use of this labor4 ,we will show he was active in the formation of the announcement of decisions of the ,central ,planning ,board4 ,we will show the ,board exercised jurisdiction in the matter of procurement1 allocation1 and use of labor4 ,and all of them were prisoners of war and were allocated to the ,german war effort4 ,requisition1 allocation1 and use were the dominating voice4 ,decisive influence1 active participation1 forced labor1 illegal occupation--these are the words with which we are concerned1 and these are the things with which he concerned himself4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,r-#abd #dh-;,b ,stenographic record of the #ddg first conference of the ,central ,planning ,board on #bg ,april #aidb4 ,r-#abd #dh-;,b ,letter of #bj ,october #aidb #ddh transmitting the statutes of the ,central ,planning ,board4 #aeaj-,,ps #eh ,extracts from decree of #af #dej ,september #aidc1 defining the duties of the ,planning ,office of the ,central ,planning ,board4 #cgba-,,ps #da-;,a ,testimony of ,fritz ,sauckel1 #bb #deb ,september #aide1 regarding the jurisdiction of the ,central ,planning ,board4 ,,ni-#ajih #fc ,extracts from affidavit of #def ,fritz ,sauckel1 #bb ,september #aidf1 regarding the jurisdiction of the ,central ,planning ,board4 ,r-#abd #dh-;,a ,extracts from report on the #deg eleventh conference of the ,central ,planning ,board1 #bb ,july #aidb4 ,r-#abd #dh-;,a ,extracts from report on the #dei seventeenth conference of the ,central ,planning ,board1 #bh ,october #aidb4 ,r-#abd #dh-;,a ,extracts from stenographic #dfa minutes of twenty-first conference of ,central ,planning ,board1 #cj ,october #aidb4 ,r-#abd #dh-;,b ,extracts from stenographic #dfe minutes of the twenty-third conference of the ,central ,planning ,board1 #c ,november #aidb4 ,r-#abd #dh-;,a ,extracts from stenographic #dfg minutes of the thirty-third conference of the ,central ,planning ,board1 #af ,february #aidc4 ,r-#abd #dh-;,a ,extracts from stenographic #dga minutes of the thirty-sixth conference of the ,central ,planning ,board1 #bb ,april #aidc4 ,r-#abd #dh-;,a ,report of the forty-second #dge conference of the ,central ,planning ,board1 #bc ,june #aidc4 ,r-#abd #dh-;,a ,extracts from stenographic #dgh minutes of the fifty-third conference of the ,central ,planning ,board1 #af ,february #aidd4 ,r-#abd #dh-;,b ,report on the fifty-third #dgi conference of the ,central ,planning ,board1 #af ,february #aidd4 ,r-#abd #dh-;,a ,extracts from stenographic #dhd minutes of the fifty-fourth conference of the ,central ,planning ,board1 #a ,march #aidd4 ,r-#abd #dh-;,d ,extracts from the report on the #dih fifty-sixth conference of the ,central ,planning ,board1 #d ,april #aidd4 ,,nokw-#bhg #di ,letter from ,milch to ,sauckel1 #h #dii ,april #aidc1 concerning the protection of industry4 ,r-#abd #dh-;,a ,speer's minutes of a conference #eja with ,hitler on #h ,july #aidc4 ,r-#abd #dh-;,a ,extract from the report by ,saur #ejb of the conference with the ,fuehrer1 #e ,march #aidd4 ,defense ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,r-#abd #e ,extract from the stenographic #eji report of the eleventh conference of the ,central ,planning ,board1 #bb ,july #aidb4 ,r-#abd #f ,extract from the stenographic #eaj minutes of the twenty-second conference of the ,central ,planning ,board1 #b ,november #aidb4 ,r-#abd #g ,extract from the stenographic #eaj minutes of the thirty-second conference of the ,central ,planning ,board1 #ab ,february #aidc4 ,r-#abd #h ,extract from the stenographic #eaa minutes of the thirty-third conference of the ,central ,planning ,board1 #af ,february #aidc4 ,r-#abd #i ,extract from stenographic #eaf minutes of the thirty-ninth conference of the ,central ,planning ,board1 #bc ,april #aidc4 ,r-#abd #ca ,extracts from the stenographic #eag minutes of the fifty-fourth conference of the ,central ,planning ,board1 #a ,march #aidd4 ,testimony ,excerpts from the testimony given by defense witness ,albert #ejb ,speer before commission on #ai ,february #aidg ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,b ,,stenographic ,,record ,,of ,,the ,,first ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #bg ,,april #aidb ,berlin1 #bg ,april #aidb ,secret 8,,the ,,central ,,planning ,,board0 ,,in ,,the ,,four ,,year ,,plan #a,,st ,,conference ,present3 ,the three members3 ,reich ,minister ,speer1 ,field ,marshal ,milch1 ,state ,secretary ,koerner4 ,furthermore3 ,state ,secretary ,dr4 ,schulze-,fielitz1 ,ministry of ,munitions1 ,ministerialrat von ,normann1 ,four ,year ,plan4 ,result3 ,i4 ,the ,central ,planning in the ,four ,year ,plan 7,decree of the ,reich ,marshal of ,greater ,germany of #bb ,april #aidb--,,vp #fgjg g7 is a task for leaders4 ,it encompasses only principles and executive matters4 ,it makes unequivocal decisions and supervises the execution of its directives4 ,the ,central ,planning does not rely on anonymous institutions difficult to control1 but always on individuals and fully responsible persons who are free in the selection of their work methods and their collaboration as far as there are no directives issued by the ,central ,planning4 ,,ii4 ,discussion of the situation in iron4 ,a4 ,the objective is to reach a production of #b1b million tons per month4 ,in the first place it has to be established whether1 after taking into account the excessive requests which were certainly made and of the difficulties confronting an increase of production 7coal1 transport7 the present figures are sufficient 7#b million tons74 ,for the distribution in the third quarter these #b million tons have to serve in any case as a basis4 ,b4 ,the principles of distribution and the new quotas will be discussed in a subsequent conference with a wider circle of participants 7see special protocol74 ,c4 ,the iron-producing industry will be organized into a ,reich association4 ,it is to be established and made to operate as soon as possible4 ,the creation of an interimistic liaison organization 7,planning ,group ,iron7 has1 therefore1 been abandoned4 ,the task of the ,reich ,association ends with the production of iron and before the distribution of the iron4 ,d4 ,for the position of president of the ,reich ,association ,iron1 ,generaldirektor ,voegler and ,geheimrat ,roechling#ia are suggested4 ,roechling was chosen1 the appointment of whom would be approved by the ,fuehrer1 according to ,reich ,minister ,speer4 ,state ,secretary ,koerner will submit the proposal to the ,reich ,marshal ,goering4 ,,iii4 ,the reorganization of the ,upper ,silesian ,territory with the object of the highest and best utilization for war economy in mind is urgent4 ,the selection of locations and the determining of capacities in this territory has to be expedited with regard to raw material1 transport1 and labor4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,b ,,letter ,,of #bj ,,october #aidb ,,transmitting ,,the ,,statutes ,,of ,,the ,,central ,,planning ,,board ,the ,plenipotentiary for the ,four ,year ,plan4 ,central ,planning ,board4 ,z4 ,p4 #a ,berlin1 ,october #bj1 #aidb ,enclosed ,i send you1 for your information1 the statutes of the ,central ,planning ,board with the request to support the office of the 8,central ,planning ,board0 in every possible way in its work1 and to direct1 more particularly1 your section chiefs and reporters to forward all information requested orally or by writing1 in the shortest possible time4 ,by this collaboration of your section chiefs and reporters1 the building up of a larger apparatus in the framework of the 8,central ,planning ,board0 is to be avoided4 ,,by ,,order3 ,typewritten ,,walther ,,schieber ,certified3 ,,schwinge ,ministerialregistrator ,stamp of the ,plenipotentiary for the ,four ,year ,plan4 ,distribution to-- a4 ,the highest ,reich authorities4 b4 ,the ,reich ,protector4 c4 ,the ,governor ,general4 d4 ,the executive authorities in the occupied territories4 ,,statutes ,,of ,,the ,,central ,,planning ,,board #a4 ,the ,central ,planning ,board1 created by the ,fuehrer and the ,reich ,marshal in order to unify armament and war economy1 deals only with the decision of basic questions4 ,professional questions remain the task of the competent departments1 which in their fields remain responsible within the framework of the decisions made by the ,central ,planning ,board4 #b4 ,in order to have the conferences properly prepared and to have the execution of the decisions supervised1 the ,central ,planning ,board appoints an office4 ,this office consists of the deputies appointed by each of three members of the ,central ,planning ,board2 one of these three deputies shall be appointed chief of the office4 ,handwritten marginal note on left side of the document3 8,to be forwarded04 #c4 ,in accordance with the attached ,table of ,organization not reproduced1 the office appoints reporters4 ,these reporters are at the disposal of all members of the ,central ,planning ,board4 ,the office appoints one reporter to keep the record4 #d4 ,office and reporters have to see to it1 above all1 and to draw the attention of the ,central ,planning ,board1 if necessary1 to the required measures1 that-- a4 ,all decisive tasks of war economy are achieved quickly1 without red tape1 and ruthlessly1 by mutual adapting of all composing branches4 b4 ,all such work as is obviously without importance for winning the war1 be discontinued4 #e4 ,tasks of the office a4 ,the office prepares the meetings of the ,central ,planning ,board in such a manner that the members of the ,central ,planning ,board have the agenda and the material of discussion #bd hours in advance4 ,for this purpose the office conducts preliminary talks with the competent departments1 etc4 b4 ,on the strength of the record made by the reporter1 the office sees to the execution of the decisions of the ,central ,planning ,board by the competent agencies1 and sees to it that the deadlines fixed are complied with4 c4 ,the members of the office keep the members of the ,central ,planning ,board informed between the sessions4 #f4 ,the distribution of work1 dealing with incoming mail1 etc41 is arranged by the office itself4 ,the members of the office sign3 8,by order0 of the ,central ,planning ,board4 #g4 ,tasks of the reporters ,reporters have to keep in constant touch with the departments1 with regard to the sectors of work they are in charge of4 ,in the regular sittings of the office they report on the progress made and on the measures which are required for the carrying on of the war economy1 especially for the increase in production1 for other improvements in the supply with raw materials1 and for necessary changes in distribution4 ,they do the preliminary work for the meetings of the board 7see also #e a7 and in their working sector they are primarily responsible for the execution1 within the established time limits1 of the decisions of the ,central ,planning ,board4 ,berlin1 #bj ,october #aidb4 ,typewritten ,,milch ,typewritten ,,speer ,typewritten ,,koerner ,stamp ,berlin #f-aa-aidb ,no4 ,l #af-eja ,copy to the ,state ,secretary for his information4 ,typewritten ,,dr4 ,,schattenmann ,certified3 ,schulz1 ,reg4 ,sekr4 ,,partial ,,translation ,,of ,,document #aeaj-,,ps ,,prosecution ,,exhibit #eh ,,extracts ,,from ,,decree ,,of #af ,,september #aidc1 ,,defining ,,the ,,duties ,,of ,,the ,,planning ,,office ,,of ,,the ,,central ,,planning ,,board ,berlin1 #af ,september #aidc ,,decree ,,of #af ,,september #aidh ,,of ,,the ,,plenipotentiary ,,general ,,for ,,armament ,,tasks ,,within ,,the ,,four ,,year ,,plan ,,and ,,of ,,the ,,reich ,,minister ,,for ,,armament ,,and ,,war ,,production ,,concerning ,,the ,,task ,,of ,,the ,,planning ,,office ,the ,reich ,marshal of the ,greater ,german ,reich has established a ,planning ,office in my department by decree of #d ,september #aidc for the purpose of concentrated handling of all fundamental questions of war economical planning4 ,in this connection ,i order3 ,i #a4 ,the ,planning ,office prepares the decisions of the ,central ,planning ,board and supervises their execution4 #b4 ,in this connection it will especially prepare the distribution to consumers of basic materials 7for instance1 iron1 metals1 coal1 mineral oil1 nitrogen1 and other important raw materials74 #c4 ,as a working basis for ,central ,planning ,board1 the ,planning ,office has to draw up plans for production and distribution for the entire war economy1 the demand schedules being based on the demands of the entire ,german sphere of power4 ,in this connection imports and exports are to be considered4 ,the entire planning is to be synchronized in advance with the participating departments and specialist offices1 taking into account production requisites4 ,the ,planning ,office will constantly have to summarize and to evaluate the necessary statistical material4 #d4 ,the ,planning ,office will have to submit to the ,central ,planning ,board for decision the proposed assignment of manpower to the individual big sectors of employment 7trade industry for war effort gewerbliche ,kriegswirtschaft1 traffic1 foodstuffs1 etc474 ,it also has to evaluate statistically the carrying through of the assignments4 99 99 99 99 99 #f4 ,the ,planning ,office will have to advocate towards the ,reich ,ministry of ,economics the requirements of war industry in connection with the establishment of import and export quotas4 ,it has to report constantly to the ,central ,planning ,board about the state of imports essential for war economy4 99 99 99 99 99 ,,ii 99 99 99 99 99 #d4 ,the ,planning ,office has to evaluate statistically the industrial and war production existing within the power sphere of ,greater ,germany or of the states allied with the ,reich2 it has to develop out of that evaluation proposals for a common exchange of production in order to increase the initial war production4 99 99 99 99 99 ,signed ,,speer ,the ,reich ,minister for ,armament and ,war ,production ,plenipotentiary ,general for ,armament ,tasks within the ,four ,year ,plan ,,partial ,,translation ,,of ,,document #cgba-,,ps ,,prosecution ,,exhibit ,,no4 #da-;,a#ib ,,testimony ,,of ,,fritz ,,sauckel1 #bb ,,september #aide1 ,,regarding ,,the ,,jurisdiction ,,of ,,the ,,central ,,planning ,,board ,,testimony ,,of ,,fritz ,,sauckel ,,taken ,,at ,,nuernberg1 ,,germany1 #ajcj ,,hours ,,to #abaj ,,hours ,,on #bb ,,september #aide1 ,,by ,,john ,j4 ,,monigan ,,jr41 ,,maj41 ,,cac1 ,,ouscc ,,major ,,monigan3 ,principally1 what ,i am interested in are the functions and responsibilities of the ,central ,planning ,board in their relationship to your office and their relationship to industry4 ,,sauckel3 ,i believe that this ,central ,planning ,board was founded about three months after my taking over my office4 ,the ,board was founded in accord with a law by the ,fuehrer or just upon an agreement between the ,fuehrer and ,speer and ,goering1 ,i don't know which4 ,the leader and chairman of this ,central ,planning ,board was ,speer himself4 ,it was founded to transfer the work from the ,four ,year ,plan to ,speer1 ,i think1 because ,goering was already ill at that time1 and there also were difficulties about which ,i am not informed4 ,speer always took on the job of making great changes in production and put it under his own direction4 ,constant members of this ,central ,planning ,board were the ,state ,secretary and ,field ,marshal ,milch1 and ,state ,secretary ,koerner4 ,these three were responsible for the decisions of the ,central ,planning ,board and for internal matters and they went through this office if they were worked out by other people inside the office4 ,i was only called to this ,central ,planning ,board when my task was discussed1 and the demands were put before me and my agencies by ,speer1 the ,four ,year ,plan ,office1 as well as by ,milch4 ,the ,fuehrer himself told me to fulfil these demands without question4 ,in other words1 if ,speer asked me for a certain amount of workers1 for instance1 several thousand1 ,i could not refuse him4 ,the particular minister had to give the number to the ,central ,planning ,board and that was the only place where the number of workers could be discussed4 ,in the ,central ,planning ,board it was decided how many workers ,i was able to supply to these various sections like ,milch and ,speer1 agriculture1 and so on4 ,if it came to an argument1 these discussions were brought before the ,fuehrer and he then decided himself4 ,q4 ,would the ,central ,planning ,board1 in their outline of workers to be provided for agriculture and for ,speer and for ,milch's industries1 etc41 just give you the numbers of workers which they required1 or would you get the final destination of the workers too1 say panzers tanks and machine guns1 and so on1 from the ,central ,planning ,board8 ,a4 ,in general1 ,i always got the numbers for the sections in large1 except for ,speer who always demanded individual allocations of workers to agriculture or mining2 in other words1 ,speer always demanded a certain number of workers for a certain kind of work4 ,q4 ,except for ,speer1 they would give the requirements in general for the broad field1 but in ,speer's work you would get them allocated by industry1 and so on4 ,is that right8 ,a4 ,the others only received whatever was left over1 because ,speer told me once in the presence of the ,fuehrer that ,i am here to work for ,speer and that ,i mainly am his man1 he mentioned it very often1 without reference to the countries involved4 ,it was very unnatural1 that process of doing these things4 ,these smaller plants1 instead of ordering their workers from the next higher echelons1 gave their orders to the very highest1 to ,speer1 who in turn handed them down to the lower ones and to me1 and this was the reason for the ,rotzettel 7red slip7 system which had to be fulfilled by me without question4 ,in practice it came to this that if a factory actually didn't need any workers but ,speer demanded them for that factory ,i had to supply these workers without being able to discuss or to tell him that it would be a waste of manpower2 ,i just had to do it because ,speer had complete domination4 ,q4 ,when it was determined in the ,central ,planning ,board that say a thousand workers would be required by ,speer1 how did these workers find their way from all over ,germany and ,europe into the ,krupp factory1 for instance8 ,a4 ,the orders were given from higher echelons down to lower echelons2 for instance1 the transports were either turned over from one office to another or the lower echelons in ,berlin1 for instance1 got orders to transfer certain men from one factory which happened to be in ,berlin to another factory which was also in ,berlin4 ,this happened also through the cooperation among the various offices who were headed by ,hildebrand4 ,the orders were discussed in a so-called daily schedule of trains which was decided upon in all these meetings4 ,q4 ,well1 as ,i understand it1 you would get a requirement for say a thousand workers for panzers1 say2 now1 in ,germany certain factories would be making tread1 some would be making turrets1 and some would be making other things4 ,now1 of that thousand workers needed for tank production some would be working on treads and some would be working on other things4 ,how did they get into the particular factories which were making the specific products8 ,a4 ,this was accomplished by giving orders recklessly through the various offices4 ,a factory1 for instance1 got an order to send #bj or #cj men to another place1 and they were just ordered to go there4 ,this was the reason for the ,notdienstverordnung ,emergency ,service ,decree where the workers were forced by a decree to obey any order which was given to them4 ,q4 ,after the workers were conscripted inside the ,reich and outside1 they would be worked according to certain skills and technical specialties1 would they not8 ,a4 ,as far as possible1 they were used according to the profession they had been trained in4 ,q4 ,and the local ,gau labor offices1 etc41 would have a list of all the workers according to their skills1 would they not8 ,a4 ,yes1 there were detailed files about this4 ,this was the basic principle3 ,there were various offices which only were concerned about a certain kind of trade or skill4 ,q4 ,so1 when you got the request from the ,central ,planning ,board for a hundred thousand men for tank production1 would you1 through your ministry1 tell the various offices that you needed so many welders and so many machine tool people1 etc41 and then tell them how many of each specialty you wanted8 ,a4 ,when ,i got these orders my assistants were always present and they in turn took down the individual numbers required for this kind of work4 ,i also received rosters which pointed out in detail how many people were needed for certain productions and how many were needed in a certain place4 ,there was also1 besides the red-slip system1 another one1 which was a system used after the red-slip system4 ,we called this the ,dringlichkeitsstufen--that means the priority system for workers4 ,these ,dringlichkeitsstufen1 which were divided according to place and kind of work1 were given to me in the presence of my assistants and they in turn worked out these plans4 ,the influence of ,speer was so great that sometimes he specifically asked for certain specialists from a certain factory to be turned over to another place4 ,it also happened that we were not even told about these things4 ,if we were not able to supply him with workers from inside ,germany1 we had to take them from the other departments or from foreign countries4 ,there was always a reserve of something like #ejj1jjj people who went to schools where they were trained for the armament production4 ,q4 ,that was #ejj1jjj ,german and foreign workers8 ,a4 ,yes4 ,q4 ,when a requirement was fixed for ,speer or for ,milch in the ,central ,planning ,board and they called you in and said we need #ejj1jjj1 or some number of workers1 would they give at that time the breakdown of what kind of workers they wanted1 or would they give a blanket request for #ejj1jjj without the listing of specialties8 ,a4 ,naturally1 they gave a detailed breakdown4 ,for instance1 they only asked for miners1 but they also asked for specialists in that kind of work4 ,q4 ,the requirements would be stated in detail for the kind of work1 not only whether it should be a mine worker1 but1 for instance1 a locomotive engineer in a mine1 or something like that1 would they not8 ,a4 ,naturally1 since there are many kinds of professions2 ,i1 for instance1 put in charge of the mining ,president ,dr4 ,gaertner who was always oriented about the different jobs which were required in that field of work4 ,q4 ,then after you got the detailed specification of the qualifications of the workers desired1 would you also get a statement as to what places they would work in1 and so on8 ,a4 ,this was just the remarkable thing about it1 especially from ,speer2 factories were always mentioned and they were also mentioned by priority2 for instance1 the ones that always were working on the so-called ,fuehrer orders had priority over the others4 ,speer actually controlled the small places1 not step by step1 but directly from the highest echelon4 ,q4 ,so that you would be informed at the ,central ,planning ,board1 at least for ,speer's factories1 about the specialists and the place to which they were supposed to be sent1 is that right8 ,a4 ,the ,central ,planning ,board determined only the numbers for a certain time1 three months or so4 ,these orders were then forwarded to the individual offices1 who were working for me1 from all kinds of industries2 the ,central ,planning ,board met only every two weeks or so4 ,q4 ,the ,central ,planning ,board would decide that ,speer would get so many hundred thousand and ,milch would get so many hundred thousand1 and that the agricultural program would get so many hundred thousand4 ,then1 that was agreed upon1 if they all agreed upon it among themselves in the ,central ,planning ,board1 and had no disputes regarding the number4 ,but if there were disputes1 then the ,fuehrer would decide8 ,a4 ,yes4 ,q4 ,then1 after they decided a hundred thousand for ,speer1 then the section chiefs 7in the rings for tank treads1 and machine guns1 etc47 would meet with your section later and say we need so many hundred thousand1 we need #aj1jjj who are welders and #aj1jjj who are metal workers1 etc41 is that right8 ,a4 ,yes4 ,a daily conference was held among the different offices where it was decided how many workers were needed for the individual industries4 ,it did not occur that when a factory asked for a certain amount of men1 it was like that3 ,speer said this factory has to be supplied with so and so many workers4 ,in peacetime it was different4 ,q4 ,and the requirements of ,speer were met as a matter of priority among all the other industries2 first ,speer and then the others8 ,a4 ,yes4 ,,partial ,,translation ,,of ,,document ,,ni-#ajih ,,prosecution ,,exhibit #fc ,,extracts ,,from ,,affidavit ,,of ,,fritz ,,sauckel1 #bb ,,september #aidf1 ,,regarding ,,the ,,jurisdiction ,,of ,,the ,,central ,,planning ,,board ,a4 #a4 ,i1 ,fritz ,sauckel1 born in ,hassfurt-,unterfranken on #bg ,october #ahid was honorary ,obergruppenfuehrer of the ,,ss and ,,sa1 ,reich ,governor ,reichsstatthalter1 ,commissioner for ,reich ,defense and ,gauleiter of ,thuringia4 ,since #aidb ,i was ,plenipotentiary ,general for ,manpower and from #aicc on ,i was a member of the ,reichstag4 ,i state upon oath the following facts which are known to me personally3 99 99 99 99 99 ,l4 #a4 ,the ,central ,planning ,board intervened in the problem of foreign workers to the extent of determining priorities and in representing and demanding the requirements of the economics branches consolidated in the ,central ,planning ,board4 ,it also transmitted these demands to the ,fuehrer4 ,the competent gentlemen of the ,central ,planning ,board at the same time of course represented their ministries as heads4 ,thus ,i am not in a position today to say whether ,speer1 for instance1 spoke in one or the other capacity in connection with any special matter4 ,at any rate the ,central ,planning ,board determined the total labor requirements4 ,in practice ,i only obtained labor for them4 #b4 ,i attended sessions of the ,central ,planning ,board only when questions concerning the mobilization of labor were involved4 ,sometimes only my representatives1 ,dr4 ,timm1 ,landrat ,berk1 ,stothfang1 or ,dr4 ,hildebrand1 attended4 #c4 ,the competent gentlemen from ,speer's ,ministry also attended4 ,speer had a labor mobilization department where the requirements of industry were collected and confirmed4 #d4 ,milch produced the figures for aviation4 ,the same was done by ,speer in his sphere of activity4 ,speer and ,milch1 however1 also exerted influence on the allocation of workers4 ,how far this came within their capacity as members of the ,central ,planning ,board ,i cannot say2 in any case they did this in their ministerial capacity4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,report ,,on ,,the ,,eleventh ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bb ,,july #aidb ,berlin #bd ,july #aidb ,dr4 ,goe_/,w ,reich ,minister ,speer ,minister's ,office ,secret ,,report ,,on ,,the #aa,,th ,,conference ,,of ,,the 8,,central ,,planning ,,board0 ,,on #bb ,,july #aidb ,present3 ,reich ,minister ,speer ,field ,marshal ,milch ,state ,secretary ,koerner ,kommerzialrat ,roechling ,reich ,association ,iron ,dr4 ,rohland ,reich ,association ,iron ,von ,bohlen und ,halbach ,reich ,association ,iron ,dr4 ,langen ,reich ,association ,iron ,bergassessor ,sohl ,reich ,association ,iron ,gauleiter ,sauckel ,plenipotentiary ,general for ,labor ,mobilization ,state ,secretary ,backe ,reich ,food ,ministry ,general ,director ,pleiger ,reich ,association ,coal ,dr4 ,fischer ,reich ,association ,coal ,major ,general ,gablenz ,reich ,air ,ministry ,colonel ,sellschopp ,reich ,air ,ministry ,ministerial ,director ,gramsch #d ,year ,plan ,ministerial ,advisor ,normann #d ,year ,plan ,dr4 ,schieber ,reich ,ministry for ,armament and ,munitions ,dr4 ,stellwaag ,reich ,ministry for ,armament and ,munitions ,major ,wagner ,reich ,ministry for ,armament and ,munitions ,brigadier ,general ,becht ,reich ,ministry for ,armament and ,munitions ,lieutenant ,colonel ,nicolai ,reich ,ministry for ,armament and ,munitions ,ministerial ,advisor ,dr4 ,wissmann ,reich ,ministry for ,armament and ,munitions ,schlieker ,reich ,ministry for ,armament and ,munitions ,dr4 ,goerner ,reich ,ministry for ,armament and ,munitions 99 99 99 99 99 ,securing of food4 ,a net influx of #a million foreign workers is counted on4 ,this number was not reached in the past months4 ,even with an influx of more than #a million in the coming months1 the #a-million peak will actually not be surpassed in view of current departures of workers4 ,food for this #a million is secured4#ic ,to what extent an improvement of the food situation1 through a sharper hold on the production outside of ,germany1 could be accomplished4 99 99 99 99 99 ,every day a train load of the forces recruited in the ,east will be directed to the coal mines until the figure of #f1jjj is achieved4 ,prisoners of war are being obtained1 at present1 from camps in the ,general ,government4 #ea1jjj prisoners of war in the ,senne ,camp4 ,in the district east of the ,general ,government there are #gd1jjj prisoners of war available4 ,up till now an elimination quota of #ej percent of unemployable people has been reckoned with in the allocations to coal mining4 ,it is considered necessary that not too high demands should be placed on the choice of prisoners of war4 ,the ,miner's ,union doctors ,knappschaftsaerzte are to be informed that a different standard is to be established for the prisoners of war than for ,german miners4 ,for the consecutive order in which the prisoners of war are to be put to work1 it will be laid down1 that before the metal workers are chosen1 the coal mining in the first place and requirements for the loading and unloading commands in the second place are to be considered4 ,field ,marshal ,milch undertakes to accelerate the procuring of the ,russian prisoners of war from the camps4 ,typewritten ,,dr4 ,,ing4 ,,goerner ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,report ,,on ,,the ,,seventeenth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bh ,,october #aidb ,berlin1 #cj ,october #aidb ,the ,plenipotentiary ,general for the ,four ,year ,plan ,central ,planning ,board ,,report ,,on ,,the #ag,,th ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #bh ,,october #aidb1 #jicj ,,hours ,increase of ,coal ,production ,allocation of ,labor ,coal production in the ,ruhr district has increased to #cij1jjj tons per day4 ,any further increase depends on whether the requirements for labor are being met4 ,about #ajd1jjj men are required4 ,furthermore #g1hjj men--originally #af-ag1jjj requirements having been brought down by rationalization--are needed for the supplying industry1 #f1hjj of these for the machine industry4 #e1jjj more unskilled workers are furthermore required to secure the transport of mine-timber which is essential for reason of variety ,sortimentsgruenden4 ,the intake capacity of the mining industry for the month of ,november is #dd1jjj prisoners of war1 of whom #be1jjj are for the ,ruhr district1 and #ab1fjj eastern workers1 #g1ejj of whom are for the ,ruhr district4 ,total requirements so far amount to #aia1jjj laborers of whom #ij1gjj were wanted by the ,ruhr ,district4 ,up to #bd ,october a total of #abc1jjj was allocated4 ,these numbers are still to be checked up by the ,reich ,association ,coal 7,,rvk7 and ,mr4 ,sauckel4 ,according to the ,plenipotentiary for ,labor ,allocation1 the following number of prisoners of war is at present at hand4 ,within the ,reich 7on the way and in camp7 #cj1jjj ,remainder of prisoners of war 7outstanding from a total of #fj1jjj #aej1jjj and promised up to the beginning of ,december7 ,at camps in the ,general ,government #ae1jjj ,of these the following can be regarded as available up to #a ,december3 ,within the ,reich #ae1jjj ,of the remaining prisoners of war #aj1jjj ,from the ,general ,government #g1ejj ------ ,total about #cb1jjj ,therefore1 as compared to the required #dd1jjj1 there is a deficit of about #ab1jjj4 ,moreover1 #aj1jjj civilian laborers from the ,east can be put up by exchanges from the agricultural sector which is #b1jjj less than required so that the ,november deficit amounts to #ad1jjj and1 in comparison with the total requirements of the mining industry of #ajd1jjj1 there is a deficit of #fb1jjj4 ,the deficit increases by the smaller number of prisoners of war the size of which is still to be ascertained by the ,commissioner of ,labor4 ,the mining industry is in a position to use any amount of eastern labor instead of prisoners of war4 ,therefore1 it is to get preference at the combing-out of the agricultural sector4 ,there is no objection to a temporary accommodation of eastern labor at prisoner-of-war camps 7without barbed wire1 etc474 ,the requirements of the supply industry are to be met by the ,red ,label method ,rotzettelverfahren4 ,constructors are to be provided by canvassing at the ,french prisoner-of-war camps for officers4 ,typewritten ,,dr4 ,,steffler 99 99 99 99 99 ,present3 ,reich ,minister ,speer ,field ,marshal ,milch ,state ,secretary ,koerner ,reich ,ministry for ,armament and ,munitions ,staatsrat ,schieber ,reich ,ministry for ,armament and ,munitions ,brig4 ,gen4 ,becht ,reich ,ministry for ,armament and ,munitions ,lt4 ,col4 v4 ,nicolai ,reich ,ministry for ,armament and ,munitions ,herr ,schlieker ,reich ,ministry for ,armament and ,munitions ,oberberghauptmann ,gabel ,reich ,economic ,ministry ,colonel ,dr4 ,krull ,reich ,economic ,ministry ,oberbergrat ,otto ,reich ,economic ,ministry ,state ,secretary ,ganzenmueller ,reich ,traffic ,ministry ,staatsrat ,heinberg ,reich ,traffic ,ministry ,min4 ,dir4 ,gramsch ,four ,year ,plan ,min4 ,rat ,steffler ,four ,year ,plan ,min4 ,dirig4 ,timm ,plenipotentiary for ,labor ,allocation ,oberreg4 ,rat ,hildebrand ,plenipotentiary for ,labor ,allocation ,gen4 ,dir4 ,pleiger ,reich ,association ,coal ,dr4 ,sogemeier ,reich ,association ,coal ,dr4 ,fischer ,reich ,association ,coal ,dir4 ,winkaus ,plenipotentiary for ,mining ,requirements ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,twenty-,,first ,,conference ,,of ,,central ,,planning ,,board1 #cj ,,october #aidb ,,excerpt ,,of ,,stenographic ,,minutes ,,of ,,the #ba,,st ,,conference ,,of ,,the ,,central ,,planning ,,board ,re3 ,labor supply and direction of labor held on #cj ,october #aidb1 afternoon1 at the ,reich ,ministry of ,armament and ,munitions4 ,berlin1 ,pariser ,platz #c 99 99 99 99 99 ,,sauckel3 ,there is but one possibility1 and that is1 that the moment the ,wehrmacht takes prisoners in operational territory1 they are to be immediately turned over to us4 ,we will move them away much faster than the ,wehrmacht4 ,,milch3 ,the correct thing to do would be to have all ,stalags transferred to you by order of the ,fuehrer4 ,the ,wehrmacht takes prisoners and as soon at it relinquishes them1 the first delivery goes to your organization4 ,then everything will be in order4 ,,sauckel3 ,yes1 but we do not have sufficient personnel for guarding the prisoners4 7,,milch3 ,the ,wehrmacht should have to provide you with that67 ,,sauckel3 ,as soon as prisoners of war are taken1 they should be placed at our disposal and we would then allocate them in a fair manner4 ,however1 with the present method we get nothing or only a fraction of what the ,wehrmacht had promised us1 although the prisoners had been taken by the ,wehrmacht4 ,,timm3 ,we can hardly hope to achieve that1 since this might have something to do with the convention concerning the treatment of prisoners of war4 ,,milch3 ,the man who acts there for you can wear a uniform all right and be a soldier4 ,only his superior will not be ,herr ,reinecke but ,herr ,sauckel4 ,for psychological reasons emphasis should be placed on first of all covering the requirements of the ,wehrmacht branches1 without other considerations4 ,the feeling1 we don't get it anyway1 has gradually permeated our whole air force industry--and ,i heard the same about the army4 ,i will admit that these gigantic allocations are completely misjudged4 ,for example1 in the ,luftwaffe where from an original allocation of #dhj1jjj1 a balance of #aej1jjj was left over per ,saldo uebrig4 ,the plants always look only at the balance ,saldo4 ,however1 there are many plants also who have suffered an actual decrease in manpower1 especially in a young industry like ours1 which is occupied with the manufacture of very special products4 ,this industry has many young people1 of whom many again have been drafted into the ,wehrmacht4 ,this drafting is done in such an idiotic way that one actually has to feel ashamed4 ,all three experimenting engineers working on a development which may have an important bearing on the outcome of the war are simply drafted4 ,they are not sent to the front or into training but sit around in the back somewhere and are guarding some camp4 ,no consideration whatsoever is given to individual cases4 ,of course the plants then call for replacements4 ,the masses cannot fill these breaches1 and qualified replacements we cannot supply at all4 ,herr ,dr4 ,werner1 for example1 writes a letter to ,herr ,schieber of which he forwards a copy to me and which states that production figures established in the delivery schedules can no longer be met1 owing to the fact that for weeks partially even for months1 no manpower has been allocated1 and that even current withdrawals cannot be replaced by the labor offices ,arbeitsaemter4 ,the fact1 that we can no longer meet the demands of the rising production1 that backlogs are increasing more and more1 fills him with rising apprehension4 ,he then goes into details1 but always reverts to the same conclusion3 everything might be accomplished1 we could even get the necessary material2 in the final analysis we fail1 however1 in one important aspect in connection with our whole armament program--the allocation of manpower4 ,if only we had1 if only we had--thus it goes all day and in every conference4 ,i am convinced that many people are beginning to put in fake requests and exaggerate their requirements4 ,there is only one way to straighten out this affair4 ,in my department1 ,i do it this way3 if for months a spare part cannot be found1 the entire front begins to hoard this article2 so1 for instance1 the tail skid of a ,ju #eb4 ,then we proceeded to manufacture triple the amount of the expected requirements1 yet no tail skids were available4 ,ordnance stock piles were filled with it2 but they did not issue any4 ,i then said3 ,we will now manufacture nothing but tail skids until we hear shouts not to send any more4 ,thus1 an affair like that gets finally straightened out4 ,and here likewise we must say for once3 ,we will supply the required laborers to the industry1 if necessary by depriving other fields4 ,agriculture1 at the moment can spare laborers2 it does not need them from #ae ,november to #ae ,march of next year4 ,it is just a waste to have to feed them4 ,only a small number will be needed for the procurement of wood4 ,thus we are able to generously help industry and later on again replenish agriculture4 ,at the same time we have the advantage of getting fairly well-fed people4 ,as ,herr ,timm recently explained1 prisoners of war from the ,ukraine would not serve our purpose2 they could not regain their physical strength on what they get to eat in the industry4 ,even supplying them with better food than we give to our own people would not be sufficient to get them beyond a still weakened condition4 ,in agriculture they get additional food4 ,don't muzzle the mouth of a beast when food lies all around it4 ,this is also of advantage to prisoners of war and workers from the ,east4 ,however1 we have to finally do away with the general feeling3 we have nothing and we want yet anything2 we have been forsaken by ,god and the ,fuehrer2 constantly more and more is demanded of us2 how can we still believe in this great program8 ,we can only carry it out if we have such faith in it1 as is spoken of in the ,bible4 ,in ,january we started with a monthly production of #b1jjj engines2 today we have reached #d1jjj1 and in a year and a half ,i must reach #ad1jjj4 ,that of course is a gigantic achievement for a month4 ,every engine has at least #a1bjj h4p4 ,if in measurements of horsepower ,i compare the present with the former ,world ,war1 then the present achievement is #dj times as great4 ,what an immense amount of manpower was available at that time for an industry so totally different from ours6 ,yet today we must come up to more than three times that1 which we have already done4 ,that means1 that in airplane engines alone we have to achieve #ace to #adj times as much as we did in the ,world ,war4 ,dr4 ,werner who is responsible for the engine industry proposed how this can be done4 ,he said3 ,we must apply a mass production scale everywhere1 or else we will not accomplish it4 ,he has very progressive ideas in this field4 ,with the airplane engine1 it can be done for sure4 ,crankshafts and connecting rods1 etc41 we can produce on a mass production scale4 ,today we manufacture #dj1jjj connecting rods4 ,however1 we still have no machines today that assemble these products individually on the assembly line4 ,the ,americans have such machines4 ,we are lacking about #aj construction engineers and #e mechanics2 they just simply cannot be procured4 ,one must for once satisfy the needs of the people again4 ,i have always put them off until ,november and told them that ,sauckel would produce the necessary labor from agriculture4 99 99 99 99 99 ,,speer3 ,we must also discuss the slackers4 ,ley has ascertained that the sick list decreased to one-fourth or one-fifth in factories where doctors are on the staff who are examining the sick men4 ,there is nothing to be said against ,,ss and police taking drastic steps and putting those known as slackers into concentration camps4 ,there is no alternative4 ,let it happen several times and the news will soon go around4 99 99 99 99 99 ,,sauckel3 ,we talked of taking the waiters out of the restaurants in ,germany4 ,but in this respect we have absolutely an abundance in ,france1 the ,general ,government and the ,protectorate4 ,as long as we have not skimmed that off1 we could not take the responsibility towards the ,german people for such a measure4 ,again a cable of the ,foreign ,minister has burst into my recent negotiations in ,france stating that under no circumstances should the ,ministry ,laval be put into peril4 ,the ,fuehrer has said3 ,if the ,french show no good will1 then ,i shall retake the #hjj1jjj ,french ,,pw's4 ,if they show good will1 then the ,french wives can follow their husbands to ,germany and work there4 ,of course1 he said1 ,i have an interest that ,laval remains in power4 ,the ,ministry ,laval will remain1 it depends only on us4 ,and ,laval cannot go back after he has reproduced in his speech and spoken before the ,french passages which he has taken verbally out of my appeal4 ,only ,ptain could bring him to fall4 ,i wish to draw your attention to the fact1 however1 that in ,france there is a surplus of young men all of whom we could use in ,germany4 ,if we expect our people to accept severest restrictions then we cannot admit such luxuries in ,paris as1 e4g41 small restaurants with bands of #be musicians and two waiters per table4 ,i am firmly convinced1 if we are brutal also against the others then we can extract quite a considerable number of men out of the ,general ,government--,i sent an efficient man1 ,president ,struwe1 over there--and of the ,protectorate4 ,this need not interfere with the armament industry over there4 ,there is1 therefore1 no fear that the demand could not be met4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,b ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,the ,,twenty-,,third ,,conference ,,of ,,the ,,central ,,planning ,,board1 #c ,,november #aidb ,secret ,,stenographic ,,minutes ,,of ,,the #bc;,d ,,conference ,,of ,,central ,,planning ,,board ,concerning the fixing of iron quotas1 on #c ,november #aidb1 #afjj hours in the ,reich ,ministry for ,armament and ,munitions1 ,berlin1 ,pariser ,platz #c 99 99 99 99 99 ,,pleiger3 99 99 99 ,for the physical strain on the miners1 who practically work two ,sunday shifts each month1 is such that they could not stand it for another six months4 ,in other words--this is the important point--the quota of approximately #ie1fjj men is still lacking and must be assigned to work now at last2 it was promised to me at one time4 ,the gentlemen of the ,ruhr tell me3 ,we have our huts ready4 ,some of them are not completely furnished1 and ,i reproached the people for it4 ,they answered1 however3 ,but you promised us workers for about half a year4 ,we have always been ahead with our huts4 ,how can you reproach us now1 our huts were not ready4 ,the workers assigned to us will be taken care of4 ,i would be very thankful if ,sauckel would be induced to assign to us the quota of workers4 ,,speer3 ,he received the instruction in the last conference of the ,central ,planning ,board to assign workers first of all to the coal-mining industry as well as to the iron-producing industry1 for you the amount of #dd1jjj plus #ab1jjj1 plus #g1ejj for the feeder industry1 plus #e1jjj for pit props4 ,the same holds true for ,mr4 ,rohland4 ,,pleiger3 ,in our conferences it must always be taken as a basis that the ,reichsbahn1 with regard to the allocation of cars1 is at least in the same position as they were last year4 7,,speer3 ,that's pretty bad47 --,no1 it allocated over #hj1jjj cars in ,december4 99 99 99 99 99 ,,speer3 ,can you give me by name any smelters or other people which could be taken out8 7,,rohland3 ,yes47 ,this would still be another #ej or #ajj1 ,i guess4 ,,rohland3 ,i figure about #dj men per ,martin furnace4 ,if we take away #bj or #ae--let's say #bj--;as trained ,martin furnace smelters1 we would have #cjj men4 #cjj smelters could help us a lot4 ,but when will they come8 ,,speer3 ,then we could deceive the ,french about the industry in such a way1 as if we would release among the prisoners of war the rollers and smelters--they have--if they give us their names4 ,,rohland3 ,we opened our own office in ,paris4 ,in other words1 you mean the ,french should report the smelters who are prisoners of war in ,germany8 ,,milch3 ,i would simply say3 ,you will get two people for one of this kind4 ,,speer3 ,the ,french firms know exactly who is a smelter among the prisoners of war4 ,there you should make it appear1 as if they would be released4 ,they give us the names and then we take them out4 ,try it4 ,,rohland3 ,that's an idea4 ,,milch3 ,we in the ,luftwaffe and airplane industry will also try to find out3 ,who is a roller1 smelter1 or furnace mason4 ,,rohland3 ,but by the time the people arrive1 the quarter of the year will be over4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,the ,,thirty-,,third ,,conference ,,of ,,the ,,central ,,planning ,,board1 #af ,,february #aidc ,secret6 ,top ,secret ,state ,matter ,,stenographic ,,minutes ,,of ,,the #cc;,d ,,conference#id ,,of ,,the ,,central ,,planning ,,board ,concerning ,labor ,supply on #af ,february #aidc at #afjj hrs4 at the ,reich ,ministry for ,armament and ,munitions #c1 ,pariser ,platz1 ,berlin 99 99 99 99 99 ,,timm3 ,i should like to say something about the labor supply possibilities4 ,perhaps you will permit me to emphasize the negative side a little4 ,the greatest difficulties result from the fact that the supply of labor outstanding could not be fully dispatched from the ,east1 but came in in ever diminishing numbers4 ,one may say that they have almost become completely exhausted4 ,eastern laborers during the last six weeks arrived only in smaller numbers than in former times1 so that they can hardly be included to an appreciable amount on the credit side of the supply account4 ,in any case their numbers are small4 ,the foremost reason is that in former months most transports were dispatched from the ,ukraine while the main recruitment areas were those which in the meantime have become operational areas1 or even are no longer in our hands4 ,the forecasts we made applied to a large extent to the transport of people from the ,caucasus district1 the ,kuban1 from areas like ,stalingrad4 ,we prepared measures which should enable us to draw more eastern workers again during the following months4 ,i venture to think that we should be able1 on a conservative calculation1 to transfer during the month of ,march between #aej1jjj and #bjj1jjj laborers from the ,east to the ,west4 7,,speer3 ,including or excluding those needed for agriculture87 ,including those needed for agriculture4 ,but in my opinion it will be necessary to apply much pressure1 since just those districts are concerned which have been pacified to a certain extent1 and for the same reason will not be very much inclined to release labor4 ,this is calculated on the assumption that some labor has to be released also from the eastern and northern parts of the ,east4 ,the second area1 capable of releasing a considerable amount of labor is the ,general ,government and that for the ,january estimate which has been drawn up with particular caution as ,i again wish to emphasize4 ,we expect that the figures will be surpassed rather than not reached4 ,i think we can expect a number of #dj1jjj1 of which1 it is true1 a part will have to be given to agriculture1 if we intend no more than to cover the losses which we had to inflict last autumn4 ,beyond this it ought to be possible in my opinion to employ within the ,reich1 and especially for the mining industry1 part of the ,polish ,building ,service4 ,i venture to think one ought to enlarge this organization in such a way that more age groups than so far are called up for it1 since this procedure is functioning4 ,the younger age groups which in fact are especially suited for mining could be dispatched to the ,reich4 ,in this case the supervisors who are provided for the greatest part by the ,building ,service1 will be needed only in very small numbers in the ,reich4 ,the next area would be the ,protectorate on which ,i cannot make a final statement today4 ,we have been promised for the month of ,march about #aj1jjj laborers4 ,but ,i am of the opinion that some loosening-up is possible4 ,the ,plenipotentiary will soon in a personal visit take in hand the possibility of this loosening-up4 ,france is included in the account with #ajj1jjj laborers for ,march4 ,messages which ,i received permit us to hope that this number will be increased in the middle of ,march4 ,belgium is included with #dj1jjj1 ,holland with #cj1jjj1 ,slovakia with #bj1jjj1 who1 it is true1 are exclusively suited for agriculture1 since their share of individual workers has been completely delivered4 ,this item consists exclusively of agricultural laborers1 owing to a state treaty4 ,for the remaining part of the foreign areas ,i included another #aj1jjj4 ,this amounts altogether to #djj1jjj laborers who should arrive in ,march4 ,one might be entitled to add for the last month altogether #aj1jjj prisoners of war4 ,these are men to be drawn from the ,east4 ,it can be expected that this number might under certain conditions be surpassed1 since the ,high ,command intends especially for operational reasons1 to take the prisoners of war back to the ,reich1 particularly from the areas threatened by the enemy4 ,a former item concerns the fluctuation of labor which certainly amounts to about #ajj1jjj laborers4 ,then there are items which at the moment cannot be estimated--the yield from the threatened areas and from the 8,stoppage-action04 ,here ,i cannot venture to name final figures1 but ,i hope to be able to do so next month4 ,,sauckel3 ,of course1 we regret very much that last autumn we were unable to recruit as much as we would have liked in the areas which now are again in enemy hands4 ,this is partly due to the fact that we were not assisted in the degree we had expected4 ,moreover we were not able to effect the removal of the civil population which had been planned4 ,these events are an urgent reminder of the fact that it is necessary to employ foreign laborers at once and in great numbers in ,germany proper and in the actual armaments industry4 ,you may be certain that we wish to achieve this4 ,we have not the slightest interest in creating difficulties for an armaments office1 even for those working for ,german interest abroad1 by taking labor away from them to an unreasonable extent4 ,but on this occasion ,i should like to ask you to try and understand our procedure4 ,we ,germans surely have sent to the front between #ej and #ge percent of our skilled workers4 ,a part of them has been killed while the nations subjugated by us need no longer shed their blood4 ,thus they can preserve their entire capacity with regard to skilled workers1 inasmuch as they have not been transferred to ,germany which is the case only for a much smaller percentage than all of us supposed1 and in fact they do use them partly for manufacturing things which are not in the least important for the ,german war economy4 ,if we proceed energetically against this abuse1 ,i ask you to give me credit for so much reason that ,i do not intend to damage the foreign interests of the ,german armaments industry4 ,the quality of the foreign worker is such that it cannot be compared with that of the ,german worker4 ,but even then ,i intend to create a similar proportion between skilled and workers trained for their job1 as it exists in ,germany by force of tradition1 since it has come about that we had to send men to the front in much larger numbers than we requested ,france or any other country to do4 ,moreover we shall endeavor increasingly to bring about on a generous scale the adaptation of the ,french1 ,polish1 and ,czech workers4 ,i do not see for the moment any necessity for limiting the use of foreign labor4 ,the only thing ,i ask for is that we understand each other1 so that the immense difficulties and friction between the respective authorities disappear and the program drawn up by us will by no means be frustrated by such things4 ,there are without a doubt still enough men in ,france1 ,holland1 ,belgium1 the ,protectorate1 and the ,general ,government to meet our labor demands for the next months4 ,i confess that ,i expect more success from such a procedure with respect to heavier work or for work where shifts of #aj or more hours are customary1 than from relying on the use of ,german women and men exclusively4 ,we shall have better success by proceeding this way provided the foreign workers still obey1 which remains a risk we always run1 than by using weaker ,german women and girls as labor in places of very important armament work1 where foreigners may be used for security reasons4 99 99 99 99 99 99 ,the situation in ,france is this2 after ,i and my assistants had succeeded after difficult discussions in inducing ,laval to introduce the ,service ,act this act has now been enlarged1 owing to our pressure so that already yesterday three ,french age groups have been called up4 ,we are now1 therefore1 legally and with the assistance of the ,french ,government entitled to recruit laborers in ,france from three age groups1 whom we can use in ,french factories in the future1 but of whom we may choose some for our use in ,germany and send them to ,germany4 ,i think in ,france the ice is now broken4 ,according to reports received they now have begun to think about a possible break-through by the ,bolshevists and the dangers which thereby threaten ,europe4 ,the resistance which the ,french ,government has hitherto shown is diminishing4 ,within the next days ,i shall go to ,france in order to set the whole thing into motion1 so that the losses in the ,east may be somewhat balanced by increasing recruitment and calling-up in ,france4 ,if we receive comprehensive lists in time1 we shall1 ,i think1 be able to cover all demands by dispatching in ,march #hjj1jjj laborers4 ,,speer3 ,recruitment abroad as such is supported by us4 ,we only fear very much that the skilled workers extracted from the occupied countries do not always reach the appropriate factories in ,germany4 ,it might certainly be better if we acted in such a way that the parent firms of ,germany which work with the ,french and ,czech factories would comb out the foreign workers more than before for their own use4 ,,sauckel3 ,we made an agreement with ,field ,marshal ,milch4 ,you will get the factories which are urgently needed for your airplane motors1 etc42 these will be completely safeguarded4 ,in the same way ,i promised ,admiral of the ,fleet ,doenitz#ie today that the ,u-boat repair firms proper are absolutely safeguarded4 ,we shall even be able to provide our own armament factories on ,french soil with labor extracted from ,french factories1 in the main from the unoccupied territory where there still are metal works which have their full complement of skilled workers without even having been touched so far4 ,,hildebrand3 ,may ,i point out at this point that we have to figure that we shall be deprived of the ,italian workers this year4 ,this according to present discussions1 concerns #cjj1jjj men altogether1 or #ae to #bj1jjj a month4 ,if we deduct the first installment1 the remaining ones to a great part are just highly skilled metal workers4 ,,sauckel3 ,this is a request of the ,fuehrer1 but he has not yet finally decided4 ,,hildebrand3 ,but we have been told to be prepared to lose these men4 ,,speer3 ,we ourselves quite support the combing-out abroad4 ,on the other hand we must be entitled--and this was agreed--to exclude or prefer particular kinds of work1 e4g41 the armor factories4 ,in ,france we are more and more turning towards giving up finishing processes and stressing the subcontracting4 ,it is the foundries and similar works1 e4g41 for the use of the aluminum industry1 which we wish to use to capacity4 ,we could force the production of ,opel1 so that in this case ,peugeot who manufacture the forged parts for ,opel1 the parent firm1 might demand more labor for this while the rest of their workers would be taken over by ,opel4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,the ,,thirty-,,sixth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bb ,,april #aidc ,dr4 ,jaenicke ,secret ,top ,secret ,state ,matter ,,stenographic ,,minutes ,,of ,,the #cf,,th ,,conference ,,of ,,the ,,central ,,planning ,,board ,concerning #aidc-dd coal economy plan4 ,held on ,thursday1 #bb ,april #aidc1 #aeej hours at the ,festival ,hall at the ,zoo1 ,jebenstr4 99 99 99 99 99 ,,speer3 ,throughout the winter we have seen that in the last instance it is coal which provides the basis for all plans we wish to execute in other respects1 and most of you are also aware of our intention to increase the manufacture of iron4 ,here also it will again be coal which in the last instance will tip the scales1 whether or not we shall be able to accomplish this increase of iron production4 ,seen from the ,central ,planning ,board1 we are of the opinion that the demand for coal as well as the demand for iron ought to be coordinated in a separate plan1 and that this plan ought to receive about the same degree of urgency as the ,krauch plan1 and that with regard to labor1 the conditions required for the execution of that plan must be established4 ,perhaps ,mr4 ,timm will be able to state how he expects the question of the miners to be developed2 unfortunately the miners cannot be taken from the ,german reservoir1 in their place we shall have to use very strong foreigners4 ,,timm3 ,at the moment1 #fi1jjj men are needed for hauling that coal4 ,we want to cover this by finding within the ,reich #bc1jjj men1 viz41 healthy prisoners of war1 etc41 who are especially suitable for mining--and by dispatching #ej1jjj ,poles from the ,general ,government4 ,out of these about #cj1jjj men have been supplied up to #bd ,april1 so that about #ci1jjj men are still outstanding for ,january to ,april4 ,the demand for ,may has been reported to us at #ce1gjj4 ,the difficulties existed especially with regard to recruitment in the ,general ,government1 since in every district surrounding ,germany there is an extraordinary resistance to recruitment4 ,in all countries we have to change over more or less to registering the men by age groups and to conscripting them in age groups4 ,they do appear for registration as such1 but as soon as transport is available1 they do not come back so that the dispatch of the men has become more or less a question for the police4 ,especially in ,poland the situation at the moment is extraordinarily serious4 ,it is well known that vehement battles occurred just because of these actions4 ,the resistance against the administration established by us is very strong4 ,quite a number of our men have been exposed to increased dangers1 and it was just in the last two or three weeks that some of them were shot dead1 e4g41 the head of the labor office in ,warsaw who was shot in his office1 and yesterday another man again4 ,this is how matters stand presently1 and the recruiting itself even if done with the best will remain extremely difficult unless police reinforcements are at hand4 99 99 99 99 99 ,,speer3 ,these women we can use in the ,reich4 ,there are a great number of ,russian ,,pw's and laborers who are employed at places where they need not be employed4 ,there can be an exchange4 ,the only thing is to do this with unskilled workers1 and not to take the workers from the industry where they were trained with difficulty4 ,,kehrl3 ,where we are late in completion of a task1 or where we lose an opportunity1 we can make up for it4 ,but any coal which we cannot haul at once is definitely lost for use in this war4 ,this is why we cannot do enough to force the allotment to the pits4 ,,speer3 ,but not by forcible actions in smashing what we toilsomely built4 7,,kehrl3 ,we need not do that67 ,you ought to add the conscripted labor4 ,,timm3 ,we must endeavor to get ,german men for working at the coal-face4 ,,kehrl3 ,we subsist on foreigners who live in ,germany4 ,,timm3 ,these men are concentrated within a very small area4 ,otherwise there might be trouble in this sector4 ,,speer3 ,there is a specified statement showing in what sectors the ,russian ,,pw's have been distributed1 and this statement is quite interesting4 ,it shows that the armaments industry only received #cj percent4 ,i always complained about this4 ,,timm3 ,the highest percentage of ,,pw's are ,frenchmen1 and one ought not to forget that it is difficult to employ them at the coal-face4 ,the number of ,russians living within the ,reich is small4 ,,rohland3 ,in the mines one should exclusively use eastern people1 not western ones4 ,,speer3 ,the western men collapse6 99 99 99 99 99 ,,speer3 ,in any case we ought to force the coal production with all our power4 ,i now have here a statement on the distribution of the ,soviet prisoners4 ,there are #cfh1jjj altogether4 ,of these are3 #aja1jjj in agriculture2 #id1jjj in the mining industry--who are not available in any case2 #ae1jjj in the building materials industry2 #bf1jjj in iron and metal production where they cannot be extracted either2 #bi1jjj in the manufacture of iron1 steel1 and metal goods2 #fc1jjj in the manufacture of machines1 boilers1 and cars1 and similar appliances1 which means in armaments industry2 and #aj1jjj in the chemical industry4 ,agriculture has received by far the most of them1 and the men employed there could in the course of time be exchanged for women4 ,the #ij1jjj ,russian ,,pw's employed in the whole of the armaments industry are for the greatest part skilled men4 ,if you can extract #h-aj1jjj men from there1 it would already be the limit4 ,,kehrl3 ,would it not be possible to add ,serbians1 etc48 ,,sogemeier3 ,we ought not to mix too much4 ,,rohland3 ,for ,god's sake1 no ,serbians6 ,we had very bad experiences with mixing4 99 99 99 99 99 ,,speer3 ,everything depends on the amount of the influx from abroad4 ,,schieber3 ,if anyway nothing arrives1 the mines certainly will get nothing4 ,,timm3 ,gauleiter ,sauckel is perfectly convinced that the transports will be on their way within a short time4 ,now the front has been consolidated at last4 ,,schieber3 ,we ought to be grateful that the weather has allowed the farmer to keep things going in some way despite the little labor being available to him4 ,for the farmer1 the coal supply is just as important as for the whole of the armaments industry4 ,when we discuss tomorrow the nitrogen problem we shall see the same2 our first need is coal4 ,,koerner3 ,on #a ,april we had in agriculture a deficit of about #fjj1jjj laborers4 ,it had been planned to cover it by supplying labor from the ,east1 mainly women4 ,these laborers will first have to be supplied until other laborers are released from agriculture4 ,we are just entering the season where the heaviest work in the fields has to be done1 for which many laborers are necessary4 ,much labor is needed for the hoeing of the fruits1 and it is to be hoped that this year the harvest can be started early which would be rendered much more difficult if an exchange of labor would have to take place4 99 99 99 99 99 ,,milch3 ,we ought to except certain areas of the ,protectorate to which the orders are being directed1 and extract nothing there until a surplus is found out subsequently4 ,for the time being it cannot be ascertained4 ,there are enough other areas of the ,protectorate which are not affected by the industry plan and some labor could be extracted from them at once4 ,we ought to name the places which are excepted from our action4 ,,timm3 ,in this the authorities on the other side ought to participate2 they are in the best position to tell the places from where nothing must be extracted4 ,,milch3 ,if one proceeds as ,i proposed1 and ,timm agreed to it1 no damage can be done4 ,this ought to be done in any case4 ,for the rest ,i completely agree2 we must now supply the mines with labor4 ,the greatest part of labor which we can supply from the ,east will indeed be women4 ,but the eastern women are quite accustomed to agricultural work1 and especially to the type of work which has to be done these coming weeks1 the hoeing and transplanting of turnips1 etc4 ,the women are quite suitable for this4 ,one thing has to be considered3 first you must supply agriculture with the women1 then you can extract the men1 laborer for laborer4 ,it is not the right thing if first the men are taken away and the farmers are left without labor for #d to #f weeks4 ,if the women arrive after such time they arrive too late4 ,,speer3 ,beyond this we are prepared to release from all parts of the war economy1 in exchange for women1 any ,russian ,,pw's or other ,russian who is employed as auxiliary laborer4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,report ,,of ,,the ,,forty-,,second ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bc ,,june #aidc ,the ,plenipotentiary for the ,four ,year ,plan ,central ,planning ,board ,z4,p4 #adh ,berlin ,w #h1 #bd ,june #aidc ,leipziger ,strasse #c #bd copies1 #agth copy ,top ,secret ,state ,matter ,,report ,,on ,,the #db;,d ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #bc ,,june #aidc1 #afjj ,,hours ,coal situation ,the manpower situation in the coal mining industry1 particularly in the hard coal mining industry1 is still unsatisfactory1 and necessitates an extension of the measures decided upon at the #cfth ,conference of the ,central ,planning ,board1 held on #bb ,april #aidc4 ,the intensive discussion yielded as the most expedient solution the use of ,russian prisoners of war to fill the existing vacancies4 ,the more homogeneous character of the shifts will bring about the necessary higher output resulting both from an increased capacity of such shifts and particularly from a restriction of fluctuations4 #a4 ,the present drive1 which is to be carried out throughout the ,german economy proper1 aims both at freeing ,russian labor1 fit for work in the mining industry and actually not employed as semi-skilled workmen1 and at replacing it by additionally imported labor consisting of eastern workers1 ,poles1 etc4 ,thus1 about #ej1jjj workmen are expected to be made available up to the end of ,july #aidc4 ,this drive is to be accelerated4 ,furthermore as an immediate measure it should be suggested to the ,fuehrer--,,rvk ,reich ,association ,coal and ,,gba ,plenipotentiary ,general for ,labor ,allocation submitting the necessary figures for the statement to the ,fuehrer--that #bjj1jjj ,russian prisoners fit for the heaviest work be made available from the ,wehrmacht and ,waffen ,,ss through the chiefs of the army groups ,heeresgruppenchefs4 ,the prisoners will be selected on the spot by medical officers of the mining industry and officials of the office of the ,plenipotentiary ,general for ,labor ,allocation will take charge of them there and then4 ,provisions are to be made for an extension of this program in order to satisfy any demand for manpower1 which will have accumulated up to the end of the year #aidc4 ,the manpower needed by the mining transport industry ,bergbau-,zubringer-,industrie and by the iron-producing industry may be supplied from that same source provided that the necessities of the coal mining industry have previously been adjusted4 ,the performance of the ,soviet ,russians so employed is to be raised by a premium system4 ,for this purpose1 the present pay restrictions are to be lifted and the manager ,betriebsfuehrer be allowed to distribute amongst the workers1 according to his discretion1 one ,reichmark per head per day as premium for particular services rendered4 ,furthermore1 care will be taken that workmen can exchange these premiums1 which will be paid out in camp money ,lagergeld for goods4 ,it is intended to put at their disposal various provisions 7e4g41 sunflower seeds1 etc47 beer1 tobacco1 cigarettes and cigars1 small items for daily use1 etc4 ,the ,reich ,food ,ministry in conjunction with the ,reich ,association ,coal and the ,reich ,ministry of ,economic ,affairs will clarify the question whether1 beyond that1 something else can be changed as far as rations are concerned4 #b4 ,equally1 in occupied countries1 labor is to be tied more securely to the various factories by means of the distribution of additional ration cards as premium for good services4 ,this refers in particular to the ,general ,government and the occupied territories in the ,east4 ,the output demanded of the ,general ,government is to be fixed at the proposed amount1 and the additional rations for armament workers may then be rated accordingly4 ,typewritten signature ,,dr4 ,,gramsch ,present3 ,reich ,minister ,speer ,field ,marshal ,milch ,staatstrat ,schieber ,reich ,ministry for ,armament and ,munitions ,oberbuergermeister ,liebel ,reich ,ministry for ,armament and ,munitions ,major ,general ,waeger ,reich ,ministry for ,armament and ,munitions ,dr4 ,ing4 ,groener ,reich ,ministry for ,armament and ,munitions ,president ,kehrl ,reich ,economic ,ministry ,min4 ,dir4 ,gramsch ,four ,year ,plan ,min4 ,dirig4 ,timm ,plenipotentiary ,general for ,labor ,allocation 7,,gba7 ,staatsrat ,pleiger ,reich ,association ,coal 7,,rvk7 ,dr4 ,sogemeier ,reich ,association ,coal 7,,rvk7 ,dr4 ,rosenkranz ,reich ,association ,coal 7,,rvk7 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,the ,,fifty-,,third ,,conference ,,of ,,the ,,central ,,planning ,,board1 #af ,,february #aidd ,secret6 ,,stenographic ,,minutes ,,of ,,the #ec;,d ,,conference ,,of ,,the ,,central ,,planning ,,board ,concerning ,supply of ,labor held on #af ,february #aidd1 #aj o'clock1 in the ,reich ,air ,ministry ,present3 ,milch 7for ,central ,planning ,board71 ,kehrl1 ,backe1 etc4 ,,milch3 ,the armament industry employs foreign workers to a large extent1 according to the latest figures--#dj percent4 ,the new allocations of the ,plenipotentiary ,general for ,labor ,allocation consist mostly of foreigners and we lost a lot of ,german personnel which was called up4 ,specially the air industry being a young industry employs a great many young people who should be called up4 ,this will be very difficult as is easily seen if one deducts those working for experimental stations4 ,in mass production the foreign workers by far prevail4 ,it is about #ie percent and higher4 ,our best new engine is made #hh percent by ,russian prisoners of war and the other #ab percent by ,german men and women4 #ej-fj ,ju #eb's which we now regard only as transport planes are made per month4 ,only #f-h ,german men are working on this machine1 the rest are ,ukrainian women who have beaten all the records of trained workers4 99 99 99 99 99 ,the list of the shirkers should be entrusted to ,himmler's trustworthy hands who will make them work1 all right4 ,this is very important for educating people and has also a deterrent effect on such others who would likewise feel inclined to shirk4 99 99 99 99 99 99 99 99 ,it is1 therefore1 not possible to exploit fully all the foreigners unless we compel them by piece work or have the possibility of taking measures against foreigners who are not doing their bit4 ,but if the foreman lays hands on a prisoner of war or smacks him1 at once there is a terrible uproar1 the man is put into prison1 etc4 ,there are sufficient officials in ,germany who think it their most important duty to stand up for human rights instead of war production4 ,i1 too1 am all for human rights4 ,but if a ,frenchman says1 8,you fellows will all be hanged and the chief of the factory will be beheaded first01 and if then the chief says1 8,i am going to hit him01 then he is in a mess4 ,he is not protected1 but the 8poor fellow0 who said that to him is protected4 ,i have told my engineers1 8,i am going to punish you if you don't hit such a man2 the more you do in this respect the more ,i shall praise you4 ,i shall see to it that nothing happens to you40 ,this is not yet sufficiently known4 ,i cannot talk to all plant leaders4 ,i should like to see the man who stays my arm because ,i can take care of anybody who does so4 ,if the little plant leader does that he is put into a concentration camp and runs the risk of losing the prisoners of war4 ,in one case two ,russian officers took off with an airplane but crashed4 ,i ordered that these two men be hanged at once4 ,they were hanged or shot yesterday4 ,i left that to the ,,ss4 ,i expressed the wish to have them hanged in the factory for the others to see4 99 99 99 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,b ,,report ,,on ,,the ,,fifty-,,third ,,conference ,,of ,,the ,,central ,,planning ,,board1 #af ,,february #aidd ,marginal notes ,st4 #aj-dd ,,vii ,top ,secret ,the ,plenipotentiary for the ,four ,year ,plan ,central ,planning ,board ,z4,p4 #g g4 ,rs4 ,pl4 #jcjjec ,berlin1 #ah ,february #aidd ,w #h1 ,leipziger ,strasse #c ,secret #ca copies1 #c;d copy ,milch's initial ,m ,,report ,,on ,,the #ec;,d ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #af ,,february #aidd1 ,,on ,,labor ,,allocation #aidd ,the purpose of this conference is to determine the labor needs and resources for the #ast quarter and the whole year of #aidd4 ,the session is opened by the discussion of the data submitted by the planning office 7see enclosures #a-i74 ,on the basis of the planning office's estimate of the requirements 7enclosure #i7 these turn out1 after discussion with the individual allottees1 to be the following3 ,first ,second-,fourth ,quarter-#dd ,quarter-#dd ,total in #ajjj's ,agriculture #gj 7#a7 #gj 7#b7 #adj ,forestry and ,timber ,industry #dj 7#c7 4 4 7#d7 #dj ,armament and ,war ,production #edd 7#e7 #c1jjj 7#f7 #c1edd ,air ,raid ,damages #ajj #ej #aej 7#g7 ,communications #he 7#h7 #bfe #cej ,distribution 4 4 4 4 4 4 ,public ,administration #fb 7#i7 4 4 #fb ,wehrmacht ,administration #acj 4 4 #acj ------ ------ ------ #a1jca #c1che #d1daf 7#a7 ,not including the #bjj1jjj of whom #ajj1jjj each will flow back from industry and forestry4 7#b7 ,not including the demand for seasonal workers amounting usually to #fb1jjj4 7#c7 #be1jjj for forestry and #ae1jjj1 including #h1jjj women for the timber industry1 as against a peacetime requirement of #aej1jjj male and #dj1jjj female seasonal workers1 although now considerably increased production 7#aidc3gj million cubic meters2 #aidd3hj million cubic meters7 and particularly heavy combing-out through draft4 7#d7 ,starting autumn #aidd1 the usual necessary transfer from agriculture4 7#e7 ,found to be a priority requirement for ,february with the ,plenipotentiary for ,labor ,allocation4 7#f7 ,starting ,march1 #bjj1jjj monthly as compensation for fluctuations--#b million for period ,march to ,december #aidd4 ,plus compensation for return to agriculture #ajj1jjj 7cp4 note #a7 including #cj1jjj retrained workers who perhaps will have to be covered by an over-all exchange system and about #ijj1jjj as replacement for draftees1 as reserves for increased programs1 etc41 making about #c million men all told for the period from ,march to ,december #aidd4 7#g7 #aej1jjj is the minimum requirement in addition to the hitherto assigned #gj1jjj ,,ot1 #ajj1jjj ,,gb construction and #aah1jjj workmen to the local and district assignments and #db1jjj workers centrally assigned4 ,the mobile formations are to be increased and sometimes to be reinforced by local help1 particularly by people unemployed through bombings4 7#h7 ,including #ge1jjj for the ,reichsbahn1 #a1jjj for inland navigation1 #g1jjj for motor traffic1 #b1jjj for minor railways4 7#i7 ,including #bg1jjj for the ,reichspost and #ce1jjj for the ,red ,cross4 ,in this estimate1 real fluctuation 7departure from work7 as well as fictitious fluctuation 7change of work location7 are taken into account4 ,fictitious fluctuation is still to be variously estimated in the various branches4 ,for the armament section it is estimated at #ej percent of the total fluctuation 7cp4 note #f74 ,the total requirements of approximately #d4d million would thus decrease by up to #a million4 ,the above estimate of requirements ought1 therefore1 in no case to exceed the requirements determined at the ,fuehrer's conference on #d ,january #aidd1 comprising only the real fluctuation and amounting to #d1je million namely3 #a4 ,maintenance of the status of activity in the whole of #b1e million the war economy including agriculture1 taking into account the replacement of deficiencies due to drafts into the ,wehrmacht1 deaths1 illness1 expiration of contract1 etc4 7real fluctuation7 #b4 ,for additional armament tasks and removal of bottleneck #a1cj million situations in armament plants #c4 ,air raid defense constructions1 etc4 #j1be million ---------- ,total #d1je million ,kehrl is charged with the task of ascertaining the magnitude of real and fictitious fluctuation1 and as a basis thereto1 on behalf of the ,central ,planning ,board1 together with the competent offices1 to determine the concepts1 8real and fictitious fluctuation10 furthermore the concepts1 assignment1 reserves ,aufstockung1 etc41 in a uniform terminology which will be binding for all agencies concerned4 ,the following resources are the ,,gba's ,sauckel's estimated coverage of the requirements3 #a4 ,with the utmost efforts1 other workers can be mobilized #ejj1jjj from ,german domestic reserves 7getting hold of labor unemployed as result of enemy air raids1 compulsory registration1 shutting down1 combing out measures7 #b4 ,recruitment of ,italian labor numbering at the rate of #a1ejj1jjj #bej1jjj a month from ,january to ,april--#a1jjj1jjj and #ejj1jjj from ,may to ,december #c4 ,recruitment of ,french labor at equal monthly rates1 #a1jjj1jjj from #a ,february to #ca ,december #aidd 7approx4 #ia1jjj per month7 #d4 ,recruitment of labor from ,belgium #bej1jjj #e4 ,recruitment of labor from the ,netherlands #bej1jjj #f4 ,recruitment of labor from the eastern territories1 #fjj1jjj occupied former ,soviet territories1 ,baltic states1 and ,general ,government #g4 ,recruitment of workers from other ,european countries #ajj1jjj ---------- ,approximately #d1b million ,in addition1 the following possibilities are seen for the mobilization of more reserves3 ,intensification of employment of women 7in ,england1 #fa percent of women between #ad and #fe are conscripted for the war economy1 in ,germany only #df percent7 especially in agriculture 7more stringent application of the ,goering ordinance71 reduction in number of domestic assistants1 reduction of the idle classes 7,sauckel-,kehrl-,himmler1 in this respect regional round-ups are to be carried out separately for foreigners1 men and women7 improvement of the sanitary system 7saving up to #c percent71 working out of equitable contractual wages with incentive wage premiums4 ,the planning office undertakes in common with the ,,gba ,sauckel the examination of these possibilities for an intensified mobilization4 ,kehrl is moreover commissioned to make a general examination of the question of an improvement of industrial labor assignment4 ,everyone concerned will transmit their data on faulty assignment of workers to the planning office4 ,if necessary1 this question will be handled at a special session of the ,central ,planning ,board4 ,for the #ast quarter of #aidd the following resources 7including a fictitious fluctuation of about #ej1jjj per month7 are given by the estimate of the ,,gba ,sauckel3 ,assignments in ,january #ade1jjj ,assignments ,february-,march #ejj1jjj -------- ,approximately #fej1jjj ,the adjustment of requirements and coverage will be effected at another session of the ,central ,planning ,board4 ,signed ,,steffler ,present3 ,field ,marshal ,milch ,state ,secretary ,koerner ,president ,kehrl ,ministerial ,councillor ,steffler ,maj4 ,gen4 ,waeger ,ministry for ,armament and ,munitions ,teuscher ,ministry for ,armament and ,munitions ,,kvv ,chief ,bosch ,ministry for ,armament and ,munitions ,ministerial ,councillor ,wissmann ,ministry for ,armament and ,munitions ,lt4 ,col4 ,schaede ,ministry for ,armament and ,munitions ,provincial ,counsellor ,berk ,plenipotentiary for ,labor ,allocation ,state ,secretary ,hayler ,reich ,economic ,ministry ,general of ,engineers ,sellschopp ,reich ,air ,ministry ,staff ,engineer ,kaufmann ,reich ,air ,ministry ,staff ,secretary ,ganzenmueller ,reich ,transport ,ministry ,ministerial ,director ,hassenpflug ,reich ,transport ,ministry ,ministerial ,councillor ,hennig ,reich ,transport ,ministry ,state ,secretary ,backe ,reich ,food ,ministry ,state ,secretary ,alpers ,reich ,office for ,forestry ,prof4 ,abetz ,reich ,office for ,forestry ,state ,secretary ,gutterer ,propaganda ,ministry ,mayor ,ellgering ,propaganda ,ministry ,gen4 ,weidemann ,,okw ,major ,koch ,,okw ,distribution3 ,reich ,minister ,speer #ast copy ,reich ,minister ,funk #b;d copy ,field ,marshal ,milch #c;d copy ,state ,secretary ,koerner #dth copy ,president ,kehrl #eth copy #fth ,engineer ,goerner #gth copy ,ministerial ,councillor ,steffler #hth #ith copies ,maj4 ,gen4 ,waeger #ajth copy ,,kvv ,chief ,bosch #aath copy ,ministerial ,councillor ,wissmann #abth copy ,provincial ,councillor ,berk #acth copy ,state ,secretary ,hayler #adth copy ,general ,engineer ,sellschopp #aeth copy ,state ,secretary ,ganzenmueller #afth copy ,state ,secretary ,backe #agth copy ,state ,secretary ,alpers #ahth copy ,state ,secretary ,gutterer #aith copy ,gen4 ,weidemann #bjth copy ,major ,koch #bast copy ,planning ,office #bb;d #bc;d copies ,registry ,v4,p4 #bdth #cast copies ,pla4 #afj_/ #aa4b4 ,list of persons invited to the ,conference of the ,central ,planning ,board on #af ,february #aidd3 ,chairman3 ,field ,marshal ,milch ,participants3 ,reich ,minister of ,economy ,funk ,state ,secretary ,koerner ,state ,secretary ,dr4 ,backe ,general ,forester ,dr4 ,alpers ,state ,secretary ,dr4 ,ganzenmueller ,state ,secretary ,dr4 ,gutterer ,president ,kehrl ,maj4 ,gen4 ,waeger ,ministerial ,manager ,dr4 ,timm 7crossed out and replaced by ,provincial ,councillor ,berk7 ,military ,government vice-regent ,dr4 ,bosch ,ministerial ,councillor ,dr4 ,steffler ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extracts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,fifty-,,fourth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #a ,,march #aidd ,,stenographic ,,minutes ,,of ,,the #ed,,th ,,conference#if ,,of ,,the ,,central ,,planning ,,board ,re3 ,labor ,supply on ,wednesday1 #a ,march #aidd1 #aj o'clock1 at the ,ministry for ,air ,transport ,,sauckel3 ,field ,marshal ,milch1 ,gentlemen1 it goes without saying that we shall satisfy as far as possible the demands agreed upon by the ,central ,planning ,board4 ,in this connection ,i wish to state that ,i call such deliveries as can be made by the ,plenipotentiary for ,labor ,allocation 8possible0 by stressing every nerve of his organization4 ,already on #d ,january ,i had to report to the ,fuehrer with the greatest regret that for the first time ,i was not in a position to guarantee delivery of the grand total of #d1jej1jjj men then calculated in the ,fuehrer's ,headquarters for the year #aidd4 ,in the presence of the ,fuehrer ,i emphasized this several times4 ,in the previous years ,i was able to satisfy the demands1 at least with regard to the number of laborers1 but this year ,i am no longer able to guarantee them in advance4 ,in case ,i can deliver only a small number1 ,i should be glad if those arriving would be distributed by percentage within the framework of your program4 ,of course1 ,i shall readily agree if ,i am now told by the board3 ,now we have to change the program2 now this or that is more urgent4 ,it goes without saying that we will satisfy the demands whatever they may be1 to the best of our ability1 with due regard to the war situation4 ,so much about figures6 ,we have no reason to contest the figures as such1 for we ask nothing for ourselves4 ,we are not even able to do anything with the laborers we collect2 we only put them at the disposal of industry4 ,i only wish to make some general statements and ask for your indulgence4 ,in the autumn of last year the supply program1 inasmuch as it concerns supply from abroad was frustrated to a very great extent2 ,i need not give the reasons in this circle2 we have talked enough about them1 but ,i have to state3 the program has been smashed4 ,people in ,france1 ,belgium1 and ,holland thought that labor was no longer to be directed from these countries to ,germany because the work now had to be done within these countries themselves4 ,for months--sometimes ,i visited these countries twice within a month--,i have been called a fool who against all reason travelled around in these countries in order to extract labor4 ,this went so far1 ,i assure you1 that all prefectures in ,france had general orders not to satisfy my demands since even the ,german authorities quarreled over whether or not ,sauckel was a fool4 ,if one's work is smashed in such a way1 repair is very1 very difficult4 99 99 99 99 99 99 99 99 99 99 99 ,today ,i am able to report that we stopped that decrease4 ,according to most accurate statistics1 which ,i had ordered1 we have today again including foreign workers and prisoners of war1 the same number of #bi4a million which we had in ,september4 ,but we have added nothing since that time4 ,thus we dispatched to the ,reich in those two months no more than #d1ejj ,frenchmen which amounts to nothing4 ,from ,italy only #g1jjj civilians arrived4 ,this1 although from #a ,december until today1 ,i have had no hour1 no ,sunday1 and no night for myself4 ,i have visited all these countries and travelled through the whole ,reich4 ,my work was terribly difficult1 but not for the reason that no more workers are to be found4 ,i wish to state expressly1 in ,france and in ,italy there are still men galore4 ,the situation in ,italy is nothing but a ,european scandal1 the same applies to a certain extent to ,france4 ,gentlemen1 the ,french work badly and support themselves at the expense of the work done by the ,german soldier and laborer1 even at the expense of the ,german food supply1 and the same applies to ,italy4 ,i found out during my last stay that the food supply of the northern ,italians cannot suffer any comparison with that of the southern ,italians4 ,the northern ,italians1 viz41 as far to the south as ,rome are so well nourished that they need not work2 they are nourished quite differently from the ,german nation by their ,father in ,heaven without having to work for their bread4 ,the labor reserves exist but the means of touching them have been smashed4 ,the most abominable point made by my adversaries is their claim that no executive had been provided within these areas in order to recruit in a sensible manner the ,frenchmen1 ,belgians1 and ,italians and to dispatch them to work4 ,thereupon ,i even proceeded to employ and train a whole batch of ,french male and female agents who for good pay1 just as was done in olden times for 8shanghaiing01 went hunting for men and made them drunk by using liquor as well as words in order to dispatch them to ,germany4 ,moreover ,i charged some able men with founding a special labor supply executive of our own1 and this they did by training and arming1 with the help of the ,higher ,,ss and ,police ,leader1 a number of natives1 but ,i still have to ask the ,munitions ,ministry for arms for the use of these men4 99 99 99 99 99 99 99 99 99 99 99 ,especially the protected factories in the occupied countries make my work more difficult4 ,according to reports received within the last days these protected factories are to a great part filled to capacity1 and still labor is sucked up into these areas4 ,this strong suction very much obstructs our desire to dispatch labor to the ,reich4 ,i wish to emphasize that ,i never opposed the use of ,french labor in factories which had been transferred from ,germany to ,france4 ,i am still sound of mind1 and as recently as last summer ,i charged ,mr4 ,hildebrand with an inquiry in ,france which had the following result3 ,it would be easy to extract from ,french medium and small factories--#hj percent of all ,french factories are small enterprises with only #cf-dj working hours--#a million laborers for use in the transferred factories1 and #a million more for dispatch to ,germany4 ,to use #a million within ,france should be quite possible unless the protected factories in ,france artificially suck up the labor completely and unless their number is continually increased1 as happens according to my reports especially in ,belgium1 and unless new categories of works are continually declared protected1 so that finally no labor is left which ,i may use in ,germany4 ,i wish here and now to repeat my thesis3 ,a ,french workman1 if treated in the right way1 does double the amount of work in ,germany that he would do in ,france1 and he has here twice the value he has in ,france4 ,i want to state clearly and fearlessly--the exaggerated use of the idea of protected factories in connection with the labor supply from ,france in my submission implies a grave danger for the ,german labor supply4 ,if we cannot come to the decision that my assistants1 together with the armament authorities1 are to comb out every factory1 this fountain of labor too in the future will remain blocked for the use of ,germany1 and in this case the program prescribed to me by the ,fuehrer may well be frustrated4 ,the same applies to ,italy4 ,in either country there are enough laborers1 even enough skilled workers2 only we must have enough courage to step into the ,french plants4 ,what really happens in ,france1 ,i do not know4 ,that a smaller amount of work is done during enemy operations in ,france1 like in every occupied country1 than is done in ,germany seems to me evident4 ,if ,i am to fulfill the demands which you present to me1 you must be prepared to agree with me and my assistants1 that the term 8protected factory0 is to be restricted in ,france to what is really necessary and feasible by reasonable men1 and the protected factories are not1 as the ,frenchmen think1 protected against any extraction of labor from them for use in ,germany4 ,it is indeed very difficult for me to be presented to ,french eyes as a ,german of whom they may say1 ,sauckel is here stopped from acting for ,german armament6 99 99 99 ,on the other hand1 ,i have grounds for hoping that ,i shall be just able to wiggle through1 first by using my old corps of agents and my labor executive1 and secondly by relying upon the measures which ,i was lucky enough to succeed in obtaining from the ,french ,government4 ,in a discussion lasting #e-f hours ,i have exerted from ,m4 ,laval the concession that the death penalty will be threatened for officials endeavoring to sabotage the flow of labor supply and certain other measures4 ,believe me1 this was very difficult4 ,it required a hard struggle to get this through4 ,but ,i succeeded and now in ,france1 ,germans ought to take really severe measures1 in case the ,french ,government does not do so4 ,don't take it amiss1 ,i and my assistants in fact have sometimes seen things happen in ,france that ,i was forced to ask1 is there no respect any more in ,france for the ,german lieutenant with his #aj men4 ,for months every word ,i spoke was countered by the answer3 ,but what do you mean1 ,mr4 ,gauleiter1 you know there is no executive at our disposal2 we are not able to take action in ,france6 ,this ,i have been answered over and over again4 ,how then1 am ,i to regulate the labor supply with regard to ,france4 ,there is only one solution--the ,german authorities have to co-operate with each other1 and if the ,frenchmen despite all their promises do not act1 then we ,germans must make an example of one case1 and1 by reason of this law1 if necessary put prefect or burgomaster against the wall1 if he does not comply with the rules2 otherwise no ,frenchman at all will be dispatched to ,germany4 ,during the latter quarter the belief in a ,german victory and in all propaganda statements which we were still able to make has sunk below zero1 and today it is still the same4 ,i rather expect the new ,french ministers1 especially ,henriot ,french 7,vichy7 ,minister of ,propaganda will act ruthlessly2 they are very willing and ,i have a good impression of them4 ,the question is only how far they will be able to impress their will on the subordinated authorities4 ,such is the situation in ,france4 ,in ,italy the situation is exactly the same1 perhaps rather worse4 99 99 99 ,moreover1 ,i am offended1 and this grieves me most1 by the statement that ,i was responsible for the ,european partisan nuisance4 ,even ,german authorities reproached me thus1 although they were the last ones who have the right to make such statements4 ,i wish to protest against this slander1 and ,i can prove that it is not ,i who is responsible4 99 99 99 99 99 99 ,numerous ,german authorities1 even such as had no connections with economics and labor supply1 inquired of me1 why do you fetch these people to ,germany at all8 ,you make trouble for this area and render our existence there more difficult4 ,to which ,i can only reply3 ,it is my duty to insist on it that labor supply comes from abroad4 ,there is no longer a ,german labor supply4 ,that the latter is exhausted ,i already proved by my ill-famed manifesto of ,april of last year4 ,but ,i am not able to transfer the ,german soil to ,france4 ,nor can ,i transfer the ,german traffic to ,france nor the ,german mines4 ,nor can ,i transfer the ,german armament works which still have to release part of their workers1 if fit for war service1 nor their machines4 ,here alone #b1ejj1jjj men are in question as has been calculated in the ,fuehrer conference4 ,it is the flower of ,german workers who go to the front and must go there4 ,i have always been one of those who says3 ,if only energetic measures are applied in fetching labor from abroad1 then we want to release in ,god's name everybody from armaments work whom we can1 in order to strengthen our companies4 ,the #ast and #gth ,armored ,divisions from ,thuringia are frequently mentioned in the armed forces report1 ,i can only tell you that the number of soldiers killed in battle in some ,thuringian villages has surpassed for some time already the number of soldiers killed in the ,world ,war ,i by twice that amount4 ,this ,i mention in my capacity as ,gauleiter4 ,it is for this reason that we have to do our duty4 ,the best kind of ,german men1 and men in the prime of life1 have to go to the front1 and ,german women of more than #ej years of age cannot replace them4 ,therefore ,i have to continue to go to ,france1 ,belgium1 ,holland1 and ,italy1 and there will be a time again when ,i shall go to ,poland and extract workers there as fit and as many of them as ,i can get4 ,in this circle ,i only wish to urge that you spread it around that ,i am not quite the insane fellow ,i have been said to be during the last quarter of a year4 ,even the ,fuehrer has been told so4 ,it goes without saying that just this slander has had the effect that ,i was unable to deliver in the last quarter at least #a million workers whom ,i would have been able to deliver as long ago as last year1 had the atmospheric conditions been better4 ,it was due to that 8artificial atmospheric screen01 that they did not arrive4 ,i am aware that they simply have to arrive this year4 ,my duty to the ,fuehrer1 the ,reich ,marshal1 ,minister ,speer1 and towards you1 ,gentlemen1 and to agriculture is apparent1 and ,i shall fulfill it4 ,a start has been made1 and as many as #bfb1jjj new workers have arrived1 and ,i hope and am convinced to be able to deliver the bulk of the order4 ,how the labor is to be distributed will then have to be decided according to the needs of the whole of ,german industry1 and ,i shall always be prepared to keep the closest contact with you1 ,gentlemen1 and to charge the labor exchanges and the district labor exchanges with intimately collaborating with you4 ,everything is functioning if such collaboration exists4 99 99 99 99 99 99 99 99 ,,milch3 99 99 99 ,i now proceed to the important question1 where are we still able to get greater amounts of laborers from you1 and without a doubt the answer is1 from abroad4 ,i have asked ,mr4 ,schieber to make a short appearance here in order to give his opinion on ,italy4 ,i agree with your statement1 ,gauleiter1 that it is only the bad organization of our work abroad which is responsible for the fact that you can't do your job4 ,too many people meddle in your work4 ,if someone tells you1 there is no executive in ,france and ,italy1 ,i consider it an impudence1 a foolish and stupid lie uttered by people who either are unable to think or consciously state an untruth4 ,this kind of person is not interested in giving a clear lead in this respect and in analyzing the situation1 probably because they are not smart enough4 ,in this way1 however1 your work is rendered more difficult or frustrated1 and all armament work at the same time4 ,for we have it before our eyes what close relations exist between the situation in the occupied countries and that in the armaments industry4 ,a more foolish policy can hardly be conceived4 ,in case the invasion of ,france begins and succeeds only to a certain degree1 then we shall experience a rising by partisans such as we have never experienced either in the ,balkans or in the ,east1 not because this would have happened in any case1 but only because we made it possible by not dealing with them in the right manner4 ,four whole age groups have grown up in ,france1 men between #ah and #bc years of age1 who are1 therefore1 at that age when young people moved by patriotism or seduced by other people are ready to do anything which satisfies their personal hatred against us--and of course they hate us4 ,these men ought to have been called up in age groups and dispatched to ,germany2 for they present the greatest danger which threatens us in case of invasion4 ,i am firmly convinced and have said several times1 if invasion starts1 sabotage of all railways1 works1 and supply bases will be a daily occurrence1 and then it will be really the case that our forces are no longer available to survey the execution of our orders within the country1 but they will have to fight at the front1 thereby leaving in their rear the much more dangerous enemy who destroys their communications1 etc4 ,if one had shown the nailed fist and a clear executive intention1 a churchyard peace would reign in the rear of the front at the moment the uproar starts4 ,this ,i have emphasized so frequently1 but still nothing is happening1 ,i am afraid4 ,for if one intends to start to shoot at that moment1 it will be too late for it2 then we have no longer the men at our disposal to kill off the partisans4 ,in the same way1 we are aware of the fact that their supply of arms in the ,west is rather ample since the ,english are dropping them from planes4 ,i consider it an idiotic statement if you1 ,gauleiter1 are accused of having made these men into partisans4 ,as soon as you arrive the men run away to protect themselves from being sent to ,germany4 ,then they are away1 and since they do not know how to exist1 they automatically fall into the hands of the partisan leaders2 but this is not the consequence of the fact that you wish to fetch them1 but of the fact that your opposite number1 the executive is not able to prevent their escape4 ,you simply cannot act differently4 ,the main crux of the problem is the fact that your work is made so extremely difficult1 and this is why you cannot deliver the #d1jej1jjj workers4 ,as long as it is feasible for these men to get away and not be caught by the executive1 as long as the men are able not to return from leave and not to be found out on the other side1 ,i do not think1 ,party ,comrade ,sauckel1 that you will have a decisive success through employing your special corps4 ,the men even then will be whisked away unless quite another authority and power is on the watch1 and this can only be the army itself4 ,the army alone can exercise effective executive4 ,if some say they cannot do this kind of work1 this is incorrect for within ,france there are training forces stationed in every hole and corner town and every place which could all be used for this work4 ,if this would be done in time1 the partisan nuisance would not emerge1 just as it would not have done in the ,east if one had only acted in time4 ,once ,i had this task at ,stalingrad4 ,at ,taganrog there were then #fe1jjj men of the army1 and at the front one lieutenant and #f men were actually available for each km4 and they would have been only too glad if they had #bj-cj for their assistance4 ,in the rear there were great masses of men who had retreated in time and squatted down in the villages1 and who now were available neither for fighting at the front nor for fighting the partisans4 ,i am aware that ,i am placing myself in opposition to my own side1 but ,i have seen such things happen everywhere1 and can find no remedy but that the army should assert itself ruthlessly4 ,you1 ,gauleiter ,sauckel1 the ,reich ,marshal1 and the ,central ,planning ,board ought to report on this question to the ,fuehrer1 and then he ought to decide at the same time on the duties of the military commanders4 ,there ought to be orders of such lucidity that they could not be misunderstood1 and it is then that things will be in order4 ,it never can be too late to do so1 but these duties and this work will be more difficult to perform with every passing day4 ,the same applies to ,italy as well4 99 99 99 99 99 ,,sauckel3 ,i wish to insist on combing out the protected factories in the future also for the protected factories are working like a suction pump2 and since it is known everywhere in ,italy and ,france that every worker if he works in a protected factory is protected against any attempt of mine to extract him1 it is only too natural that the men are pouring into these factories4 ,how difficult my task becomes thereby is proved by the following fact4 ,i intended to extract from ,italy a million workers within the quarter ending #cj ,may4 ,hardly #g1jjj arrived in the two months which expired so far4 ,this is indeed the difficulty4 ,the bulk enters the protected factories1 and only the chaff remains for my purpose to send them to ,germany4 ,at least ,i hope to accomplish that with regard to larger enterprises as the number of protected factories is restricted in ,italy1 i4e41 the number of protected factories1 will not be further increased4 99 99 99 99 99 ,,sauckel3 ,this indeed is the decisive question1 the one we are dealing with now4 ,if half of the program for #d million workers to be brought to ,germany--in other words #b million--cannot be fulfilled1 the employment of labor in ,germany will fall off this year4 ,the more useful workers1 however1 are in ,france1 and of course in ,italy too1 employed in the protected factories4 ,therefore if ,i am not to touch the protected factories which are situated in these countries1 this will have the effect that the less valuable workers instead of the more valuable type will arrive in ,germany4 ,and here we have to ponder about what is in fact more important and expedient4 ,if we give up using these people in ,germany1 where we effectively rule the factories1 where moreover we keep to a different labor discipline and reach better labor results than in ,france proper1 then we give up the valuable kind1 and then ,i shall only be able to transport to ,germany the less valuable kind of people who still can be found on the streets of ,france or ,italy1 or people like waiters1 hairdressers1 small folk from tailor shops1 etc4 ,,milch3 ,what is the percentage of protected factories in ,italy compared with the whole of ,italian labor8 ,,schieber3 ,i think #ad percent1 but ,i don't have the figures here4 ,,milch3 ,would not the following method be better3 ,we could take under ,german administration the entire food supply for the ,italians and tell them3 ,only he gets any food who either works in a protected factory or goes to ,germany4 ,,sauckel3 ,true1 the ,french worker in ,france is better nourished than the ,german worker is in ,germany1 and the ,italian worker too1 even if he does not work at all1 is better nourished in the part of ,italy occupied by us than if he works in ,germany4 ,this is why ,i asked the ,german food authorities over and over again to improve also the food of the ,german worker introducing the 8factory sandwich04 ,when ,i am in ,paris1 of course1 ,i go to ,maxim's4 ,there one can experience miracles of nourishment4 ,the ,fuehrer still thinks that in these countries only very rich men who can go to ,maxim's are well provided with food4 ,thereupon ,i sent my assistants to the ,paris suburbs1 to the estaminets and lunch restaurants and was told that the ,frenchmen who eat there did not feel the shortage caused by the war to any degree comparable with what our nation has to experience4 ,the average ,french citizen too can still buy everything he wishes4 7,interruption3 ,this is still more so in small places67 ,yes4 ,moreover1 the ,frenchman can pay for what he can get4 ,therefore he has no reason for wishing to go to ,germany in order to get better food4 ,this unfortunately is the case4 ,,milch3 ,is there nothing we can do8 ,true1 we might not be able to control the distribution to the customer1 but we ought to be able to intervene at an earlier stage of distribution4 ,,koerner3 ,we have requested from ,france really immense amounts of food2 these requests have always been fulfilled2 often after some pressure1 but they have been fulfilled4 ,,milch3 ,but there is a simple remedy1 let us cease supplying the troops from ,germany1 but tell them to provide the food for themselves from ,france4 ,then in a few weeks they will have everything eaten up1 and then we can start distributing the food to the ,frenchmen4 ,,koerner3 ,in ,france there still is for the time being a rationing system4 ,the ,frenchmen had his ration card on which he receives the minimum4 ,the rest he provides in other ways1 partly by receiving food parcels which we cannot touch at all4 ,every year we increase our food demands to the ,french ,government who always satisfied them1 though very frequently yielding to pressure1 and in proportion to the harvest results1 were they good or bad4 ,in ,italy the situation is that food is not rationed at all4 ,the ,italian can buy and eat what he wants1 and since an ,italian always has money and deals in the black market1 he is in a much better situation than our ,german worker who practically has nothing but what he gets on his card4 ,,milch3 ,but don't we even send food to ,italy8 ,,koerner3 ,we are exchanging certain goods4 ,,sauckel3 ,moreover we are now at the point that the families of ,french and ,italian workers are no longer in a better position owing to the money transfer if their bread-winning members are working in ,germany than if they remain abroad2 now nothing remains to induce them to go to ,germany4 99 99 99 99 99 ,,milch3 ,unfortunately1 ,reich ,minister ,speer is not present today4 ,he certainly must have had an opinion about the whole system4 ,his agreement with ,bichelonne was to activate an additional labor supply in ,france itself for our armament with the aid of existing ,french capacities4 ,we cannot compute the result here of what was achieved by that action4 ,whether the result he dreamed of has been achieved cannot be decided just yet2 that is1 have the ,s-plants given us an increase of armaments which is greater than what we would have achieved if the people had worked in ,germany8 ,i would propose that ,minister ,speer himself one day clarify this problem again4 ,because if only a negative result had been achieved1 he would automatically change his point of view too4 ,the first question is3 ,is the percentage of trained people in the ,s-plants so great that all the others are to be regarded as rubbish8 ,and the second question is3 ,is it possible at all1 with the lack of so-called executive power and differing opinions on this question1 to seize and transfer to ,germany the remaining #hj percent who are not in the ,s-plants8 ,so1 in view of the general political and organizational conditions in ,france1 would you be able to transfer some #aj-ae percent of the best of these #hj percent8 ,,sauckel3 ,i'll have to get them4 ,,milch3 ,can you do it at all8 ,,sauckel3 ,today ,i cannot promise anything4 ,today ,i can only do my work4 ,,milch3 ,i mean1 in reference to the other #hj percent1 if your hands are not tied by different circumstances1 that first1 there is nothing to attract these people to ,germany2 that second1 they reckon with ,germany's defeat in a short time2 that third1 they are attached to their families and to their country2 and that fourth1 they shun work because they can still exist1 and without it they look on the whole period as a period of transition4 ,on the other hand you have the fact that the army does not assist you and that the ,german authorities are hostile to each other1 a fact which is very cleverly utilized by the ,french4 ,,sauckel3 ,that has changed since my last visit4 ,all ,german authorities1 the ,military ,commander1 ,field ,marshal von ,rundstedt1 ,field ,marshal ,sperrle1 have supported me considerably in these affairs4 7,,milch3 ,i refer to the smaller authorities1 the executive ones47 ,that has been spoiled--pardon me if ,i have to bring this up--because all departments1 even armaments over there1 were of the opinion up to #d ,january1 that my claims and1 especially1 my figures1 were crazy4 7,,milch3 ,but only people who could not understand such figures47 ,up to #d ,january it was the same everywhere1 from the military commander to the ,german ,ambassador and the ,german armament departments4 ,up to then all the agencies in ,france had in general held the opinion3 it has not been decided yet by any means1 ,sauckel's figures are not correct1 so we have to take it easy here4 ,and that penetrated naturally down to the lower ranks of ,french authorities too4 ,,milch3 ,that is just what ,i mean about the differences of opinion between you and ,minister ,speer4 ,you say3 ,the best thing for me is to approach the protected industries2 ,speer says3 ,leave those people alone1 take #hj percent away from the others4 ,and if one is neutral1 one has to say1 always with the provision that these #bj percent in the ,s-plants really achieve something for us1 ,speer is right when he says3 ,please do not touch my #bj percent2 there are enough among the #hj percent for your use4 ,and now ,i say3 ,why do you not take the others8 ,is it so difficult to approach them8 ,,sauckel3 ,no4 ,i need the people as well4 ,the fact is that ,speer's plants are filling up nowadays4 ,for instance1 ,i received the information the day before yesterday that the urge to work for the protected industries is especially strong in ,france just now and so the supply of skilled workers to ,germany is practically cut off4 ,skilled workers can only be found in these plants4 ,,kehrl3 ,may ,i explain briefly the opinion of my ,minister8 ,otherwise the impression might be created that the measures taken by ,minister ,speer had been unclear or unreasonable1 and ,i want to prevent this4 ,seen from our viewpoint1 the situation is as follows3 ,up to the beginning of #aidc manufacturing for ,germany was done in ,france only to a relatively modest extent1 since generally only such work was transferred for which ,german capacity did not suffice2 these were some few individual products1 and moreover some basic industries4 ,during all this time a great number of ,frenchmen were recruited and voluntarily went to ,germany4 7,,sauckel3 ,some were recruited forcibly47 ,the drafting started after the recruiting no longer yielded adequate results4 ,,sauckel3 ,out of the five million foreign workers who arrived in ,germany1 not even #bjj1jjj came voluntarily4 ,,kehrl3 ,let us forget for the moment whether or not some slight pressure was used4 ,formally1 at least1 they were volunteers4 ,after this recruitment no longer yielded satisfactory results1 we started drafting according to age groups1 and with regard to the first age group the success was rather good4 ,up to eighty percent of the age group were registered and sent to ,germany4 ,this started about ,june of last year4 ,following developments in the ,russian war and the hopes raised thereby in the western nations1 the results of this calling-up of age groups became considerably worse1 as can be proved by the figures noted2 viz41 the men tried to dodge this call-up for transport to ,germany1 partly by simply not registering at all1 partly by not arriving for the transport or by leaving the transport en route4 ,when they found out through these first attempts during the months of ,july and ,august that the ,german executive either was not able or was not willing to catch these shirkers and either to imprison them or take them forcibly to ,germany1 the readiness to obey the call-ups sank to a minimum4 ,therefore1 relatively small percentages were caught in individual countries4 ,on the other hand1 these men1 moved by the fear the ,german executive might after all be able to catch them1 did not enter ,french1 ,belgian1 or ,dutch factories1 but took to the mountains where they found company and assistance from the small partisan groups there4 99 99 99 99 99 ,,milch3 ,another question4 ,since now through the transfer of various industries so much is covered by ,french labor1 as in the textile industry1 etc41 a corresponding number of ,german workers would necessarily become free as a result of that4 ,,kehrl3 ,then they will not be requisitioned here1 though they would have been formerly4 ,,timm3 ,nobody is going to be released4 ,probably other requests will be sent to the same factories4 ,,sauckel3 ,in this respect ,i must also draw attention to the fact that the ,german factories which were shut down were much more up to date and probably worked with less personnel than the ,french factories4 ,,milch3 ,but we want all the factories to work for armaments4 ,,kehrl3 ,that would also result in spreading the risk in case of air warfare4 ,,milch3 ,i believe the system to be good1 as a still more severe commitment of workers for ,germany would have the effect of making a considerable part of them remain over there for good4 ,i wish you had something to back you up so you can have enough power to get it done4 ,i do not think that anyone in ,france will enforce it4 ,,sauckel3 ,but they will all right1 if ,germany goes at this thing the right way4 ,it is not the insignificant ,french workman who should be punished1 but the ,french policeman1 who1 instead of supplying people to ,germany1 goes to them beforehand and says3 ,i'm coming tomorrow2 you'd better get out4 ,the ,french subordinate and intermediary authorities have to be punished4 ,,milch3 ,even if ,bichelonne and ,laval have the best intention there will be resistance from the mayors1 the gendarmes1 and the prefects1 just because these people are afraid that1 first1 they will be called to account afterwards for it1 and1 second1 because of their patriotism1 which makes them say3 ,we must not work for the enemy of our country4 ,therefore1 ,i would like to have an authority in our administration which would force these people to do it1 because then the ,french could say3 ,if you force us1 we will do it1 but voluntarily we will not do it4 ,the same applies to ,italy4 ,there they say3 ,who knows who will win1 whether it will be ,mussolini or ,badoglio or the ,king2 only1 if you force us1 we are ready to do it4 ,therefore1 we have to have something on our side which will exercise this pressure4 ,i don't see at all why big divisions should be necessary for this4 ,the existing forces should be sufficient to accomplish it4 ,,timm3 ,i have the feeling that we are sticking too closely to the figures and are neglecting the qualitative side of the question4 ,the present development may permit us to fulfill our programs with regard to figures1 but in the demands made by the factories the important thing for them is to have so many metal workers1 etc4 ,then we practically have to say3 ,you will only get unskilled workers4 ,,kehrl3 ,we realize that4 ,the plants are getting unskilled workers1 at the utmost it may be possible to obtain skilled workers by transferring plants from ,italy to ,germany4 ,,sauckel3 ,then in the course of the year the factories will declare3 ,we cannot use these workers4 ,and over against this you have the fact that in ,france we have a reservoir of unused skilled workers4 ,,milch3 ,i am not worrying about that4 ,naturally our plants will say3 ,we want skilled workers4 ,but they also need a certain number of unskilled workers4 ,,timm3 ,will it not happen that the officers making the demands say one day3 ,but we know that in the ,french plants there is an excess of skilled workers which cannot be justified8 ,,milch3 ,that should be discussed again later with ,speer himself4 ,first1 ,speer must have the proper perspective to see what has happened as the result of all his agreements4 ,i can imagine that first the numerus clausus is introduced at once1 so that the extent of the output in the ,s-plants is fixed1 and that secondly it is decided later on that if a part of the ,s-plants has not worked properly after a certain period1 they lose their protection again and the people from these plants can be transferred as a unit4 ,i can foresee already now that in air armaments1 part of the plants will turn out such bad production that ,i shall not be interested in keeping them up4 ,so1 protection for certain plants will simply be discontinued4 ,and this will have a positive effect on the other plants1 too1 because they will say3 ,if we don't do our work properly1 we shall be transferred4 ,now during the transfer it is necessary to see that people really do arrive and do not run away before or during the transfer4 ,if a transport has left a town and has not arrived1 #ejj to #fjj persons from this place must be arrested and sent to ,germany as prisoners of war4 ,such a thing is then talked about everywhere4 ,if actions like this and other similar ones are carried out often1 they would exert a certain pressure4 ,the whole thing would be made easier if we had control of food4 ,the stuff offered by the black market has to come from a certain depot1 and there we ought to cut in4 ,,kehrl3 ,that is difficult4 ,the transport of food by parcel post has taken on extraordinary proportions in ,france4 ,,milch3 ,if ,i were military commander1 ,i would simply confiscate the whole of the parcel post6 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,d ,,extracts ,,from ,,the ,,report ,,on ,,the ,,fifty-,,sixth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #d ,,april #aidd ,the ,plenipotentiary for the ,four ,year ,plan ,central ,planning ,board ,z4,p4 #ah ,secr4 ,st4 ,papers ,pl4 #jcjjef ,berlin1 #h ,april #aidd ,signed ,,dr4 ,,goerner ,top ,secret ,state ,matter ,,report ,,on ,,the #ef,,th ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #d ,,april #aidd ,building ,allocation #aidd 99 99 99 99 99 ,the ,jaegerstab is to get a quota of #eej million including #aej million definitely pledged from the reserve and the air administration is to have a quota of #bjj million2 both are to be checked against each other4 ,regarding the air administration quota1 precise details 7as to specific amounts1 number of workers required1 quantities of material1 etc47 are to be submitted1 building projects for the supplying industry 7optical glass7 are to be transferred to the office of armament supplies1 trial projects are to be discussed between the commissioner of building and air ,h4,c41 the remaining demands are to be cleared between air chief administration and the ,chief of the ,general ,staff4 99 99 99 99 99 ,the quota recipients will be informed of their respective quotas as of guiding figures within the limits of which the commissioner of building may give assignments4 ,the quota recipients themselves are1 on the basis of these guiding figures1 to re-plan their projects by concentrating on priority issues and to report which of their building projects will have to fall out including the resulting figures4 ,field ,marshal ,milch will report to the ,fuehrer on the total situation of building4 ,reports on the quotas ,air ,ministry1 ,navy1 ,army1 and ,reichsbahn are to be sent to ,field ,marshal ,milch forthwith4 ,demands of labor1 building materials1 etc41 as resulting from the quota allocations are to be discussed with the planning office by the quota recipients taking into account such amounts of the quota as were already used up for building purposes since #a ,january #aidd4 ,typed signature ,,steffler4 ,present3 ,field ,marshal ,milch ,reich ,minister ,funk ,state ,secretary ,koerner#ig ,president ,kehrl#ih ,dr4 ,ing4 ,goerner ,min4 ,rat ,steffler follow names of #bg others who attended1 including ,under ,secretary ,ohlendorf1#ii ,lt4 ,gen4 7,artillery7 ,von ,leeb1#ajj and ,professor ,krauch4#aja ,signed ,,staatsrat ,,schieber ,,translation ,,of ,,document ,,nokw-#bhg ,,prosecution ,,exhibit #di ,,letter ,,from ,,milch ,,to ,,sauckel1 #h ,,april #aidc1 ,,concerning ,,the ,,protection ,,of ,,industry ,copy ,the ,reich ,air ,minister and ,supreme ,commander of the ,air ,force ,st_/,,gl ,secret ,file note3 #afm #aj ,no4 #bbj_/dc secret 7,,gl_/,a-,w ,wi #c ,,ii7 ,berlin ,w #h1 #h ,april #aidc #g ,leipziger ,street ,tel4 #ab #jjdg1 ,ext4 #eecj ,to the ,plenipotentiary for the ,four ,year ,plan ,plenipotentiary ,general for ,labor ,allocation ,berlin ,,sw #aa #if ,saarland ,street ,subject3 ,protection of ,industry4 ,the continuously increasing drafting of ,german workers from the production as well as from the security teams 7plant protection and plant fireguards7 make it necessary to assign more and more foreign labor to the factories of the armament industry4 ,this assignment of foreign labor faces the plants of the armament industry with special tasks of security1 which cannot be guaranteed with the forces at present at the disposal of the industry4 ,according to what ,i have found out the statistics of #ca ,december #aidb have already shown an unfulfilled demand of #ae percent in plant protection personnel4 ,moreover1 the extension of the air force industry brings about a further increase in the requirements for plant protection personnel1 an increase which up to now has not been covered by the labor offices4 ,an investigation ,i made in a number of plants of the air force industry a short while ago has shown that even after the introduction of the compulsory labor law most of the labor offices could not make the necessary forces available for protection and fireguard tasks1 while other labor agencies could not entirely satisfy the needs4 ,the labor office of ,halberstadt has even refused to deal with this requirement because these men were required for organizations without productive value4 ,in the field of the air force industry ,i already ordered1 at the beginning of the war1 the #hd-;hour week for these sectors4 ,so that no further increase can be made with these working hours1 for otherwise1 there would be an increase of illness which would bring about a further unwarranted weakening in the numbers of the personnel4 ,even the decree for the securing of the necessary forces of protectory guards1 issued by you on #bi ,december #aidb1 7,file note3 ,va #eeej4iag7 has not yet shown any results up to now in the field of the armament industry4 ,therefore1 you are urgently requested to direct the labor offices to place at the disposal of the armament plants1 upon their request as quickly as possible the competent forces for plant protection and fireguards1 because otherwise normal security in the plants does not seem to be guaranteed any longer4 ,in the field of air force industry1 this would involve approximately #b1ejj to #c1jjj men4 ,we ask you to kindly inform us about the steps taken4 ,copy1 for information1 to3 ,,okw ,w ,stb ,economic ,staff of the ,armed ,forces ,,by ,,order3 ,,milch ,typewritten ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,speer',s ,,minutes ,,of ,a ,,conference ,,with ,,hitler ,,on #h ,,july #aidc ,top ,secret ,state ,matter ,berlin1 #aj ,july #aidc ,,conference ,,with ,,the ,,fuehrer1 #h ,,july #aidc 99 99 99 99 99 #ag4 ,the ,fuehrer laid down in the coal discussion that #gj1jjj ,russian prisoners of war fit for mining work should be sent each month to the mines4 ,he also pointed out that an approximate minimum of #aej1jjj-bjj1jjj fit ,russian prisoners of war must be earmarked for the mines in order to obtain the required number of men suitable for this work4 ,if the ,russian prisoners of war cannot be released by the army1 the male population in the partisan infested areas should without distinction be proclaimed prisoners of war and sent off to the mines4 ,at the same time the ,fuehrer ordered that prisoners of war not fit for the mines should immediately be placed in the iron industry1 in manufacturing and supply industries1 and in the armament industry4 ,the ,fuehrer further ordered that he should receive a monthly report giving 7a7 the total number of ,russian prisoners of war1 and 7b7 the number of ,russian prisoners of war fit for mining1 made available for the mines and a report addressed to ,field ,marshal ,keitel as to why the remainder could not be used4 ,the joint report of ,sauckel and ,pleiger is also to be sent to me4 ,signed ,,speer ,,partial ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,a ,,extract ,,from ,,the ,,report ,,by ,,saur ,,of ,,the ,,conference ,,with ,,the ,,fuehrer1 #e ,,march #aidd ,top ,secret ,state ,matter ,berlin1 #f ,march #aidd ,,points ,,from ,,the ,,conference 7,,saur7 ,,with ,,the ,,fuehrer ,,on #e ,,march #aidd ,jointly with ,field ,marshal ,milch1 ,lt4 ,gen4 of the ,air ,force ,bodenschatz1 ,colonel von ,below 99 99 99 99 99 #ah4 ,told the ,fuehrer of the ,reich ,marshal's wish for the future utilization of the productive capacity of prisoners of war by giving the direction of the ,stalag to the ,,ss1 with the exception of the ,british and ,americans4 ,the ,fuehrer considers the proposal a good one and has asked ,colonel von ,below to arrange matters accordingly4 99 99 99 99 99 7,prepared by ,saur7 7,seen by ,speer7 ,,excerpts ,,from ,,the ,,testimony ,,given ,,by ,,defense ,,witness ,,albert ,,speer#ajb ,,before ,,commission ,,on #ai ,,february #aidg 99 99 99 99 99 ,,examination 99 99 99 99 99 ,,judge ,,musmanno3 ,herr ,speer1 ,i would like to understand the machinery by which labor was brought into ,germany beginning with the request by any particular department for any particular number of workers4 ,let us suppose that someone appeared before the ,central ,planning ,board and said1 8,i will need fifty thousand men for a factory that ,i am about to construct40 ,now please tell us just what happened4 ,would you issue an order to somebody8 ,would he then in turn order someone else and how did these workers finally then arrive in ,germany8 ,,witness ,,speer3 ,if somebody on the ,central ,planning ,board requested labor1 the ,central ,planning ,board did not issue an order that these workers must be supplied1 but the ,central ,planning ,board agreed that those workers can be supplied4 ,an order by the ,central ,planning ,board1 ,sauckel would not have accepted4 ,that is a definite fact4 ,it is quite clear that the requests for labor did not occur in these long intervals between the meetings of the ,central ,planning ,board1 but this had to happen in much shorter intervals and in a constant collaboration with the people concerned1 for the enemy air raids and changes in programs which became necessary because of the military situation made these changes very often necessary4 ,therefore1 for the whole of our armament industry and also for certain branches of production outside armament that were in my ministry1 we decided on so-called framework contingents1 and priority lists were drawn up4 ,i do not know whether you are interested in that part4 ,q4 ,well1 not particularly4 ,i want very succinctly a statement as to the steps which ensue after the declaration of someone before the ,central ,planning ,board that he needed a certain number of workers4 ,who was informed of this request8 ,who authorized the call for the workers8 ,who submitted the demand8 ,who then at the other end gathered the workers8 ,not in detail--,i just want the steps in movement from the ,central ,planning ,board until the men actually arrived4 ,a4 ,the ,central ,planning ,board did not deal with that matter anymore afterwards4 ,let us say the request of labor1 say1 of the coal mining industry---- ,q4 ,yes4 ,a4 ----was reported to ,sauckel by the coal mining industry itself4 ,therefore1 one could call a meeting of the ,central ,planning ,board as a statement for ,sauckel that such labor is very important for the coal mining industry1 and that as far as possible he has to supply them4 ,that is necessary within the framework of economic planning1 but beyond that the ,central ,planning ,board did not pursue the matter any further or was not even in a position to do so4 ,q4 ,well1 did you know there at the fountainhead of labor--because if you made the request originally1 that is what started the machinery in motion--did you not know that bringing in workers forcibly from occupied territories to work in the war operation constituted a violation of international convention8 ,weren't you aware of that right at the very source8 ,a4 ,what ,i say now is not meant to be an excuse4 ,i really did not know it4 ,up to the beginning of my trial here1 the regulations of international law were unknown to me1 and nobody ever drew my attention to the fact that such regulations exist2 but ,i want to say once more1 ,i don't say this in order to excuse myself1 here1 but it is a fact that it was like this4 ,q4 ,well1 you were certainly quite aware from the decision of the ,international ,military ,tribunal just how illegal and improper that was4 ,a4 ,i took note of it there1 and1 after all1 ,i received my punishment for it now4 ,q4 ,well1 could you not have followed the same line of reasoning adopted by the ,tribunal1 which1 after all1 was based upon international convention8 ,you were a man of education1 a man of great cultural attainments and of great technical ability1 and it was because of these attributes that you were chosen by ,hitler to become the ,minister of ,armaments4 ,could you not have reasoned that out by yourself8 ,wasn't it very clear and obvious8 ,a4 ,i believe that the general knowledge of the principles of international law can only be brought to the knowledge of a wider circle of legal laymen if after a war legal offenses committed during the war will be revealed by a public trial1 and thereby a more general knowledge of offenses against international law becomes known4 ,you know that ,i was an architect and that such knowledge as ,i had in the field of law ,i merely received from newspapers1 and ,i knew1 for instance1 all about various legal commitments of architects which are fairly extensive as far as construction of buildings goes4 ,i would say that a great mistake has been committed here by omitting after the ,first ,world ,war to establish international legal conditions by trials1 and at the same time to adjust it to the developments of technical warfare instead of which1 after the ,first ,world ,war1 the whole question of the deportation of labor1 for instance1 was decided by the highest ,german courts1 and as far as ,i know1 the decision of that court was not particularly lucid4 ,this is how the basis of ignorance is laid in the field of international law1 and ,i believe that many a mistake and many a violation in this war could have been avoided or at least mitigated if a general knowledge of international law had been prevalent4 ,q4 ,would you say that had there been1 following the ,first ,world ,war1 trials such as those we are now conducting1 that you then would have been aware of the illegality of the practices in which you were engaged2 or rather1 you would have been aware of the illegality of such practices and you then would not have participated in them8 ,a4 ,i am of the opinion that trials against the responsible men for the ,first ,world ,war after its conclusion would have enlightened the public and myself on the tenets of international law4 ,i do not wish to go as far as to say that ,i would not have committed these breaches of law1 for it is very difficult to excuse one's self after the event by saying one committed the act only through ignorance of international law4 ,nevertheless1 ,i should say that the observance of international law would have been possible without losing much momentum in my armament drive4 ,of course only that part of international law is meant here which deals with the recruiting of labor1 whereas the other factor1 the so-called legal looting of occupied territories as it is called1 there is no doubt that that would have been necessary for an increased output of armaments4 ,violations of international law as far as the assignment of labor was concerned were in my opinion not only unnecessary1 but unreasonable4 ,we would have achieved more if we had observed international law4 ,this is a very complicated topic2 ,i do not know whether you are interested why this should be so4 ,q4 ,well1 ,i merely want you to enlighten me1 if you care to1 on this specific angle4 ,you are considered a specialist4 ,now1 had there been an international trial following the ,first ,world ,war1 and the decision in that trial had been very clear and specific--as was the decision in this trial--you would have then known the limitations very specifically on the conduct of war2 and having then known that you couldn't do certain things1 would you then have refused to participate as you did in this ,world ,war as a specialist8 ,having been put on notice that you cannot take labor from other countries forcibly and throw them into the armament industries--knowing all that1 would you then have refused to give your services to ,hitler in the prosecution of this war8 ,a4 ,as to the first part of the question ,i wish to say if a trial and a clear decision had been handed down after the ,first ,world ,war1 then certainly somebody would have put the international laws and regulations on my desk2 that is to say1 he would have informed me of it4 ,the second question--it is not possible to give a simple answer to the second part of the question for when ,i started my office in #aidb the war in all its aspects had already departed from all existing international regulations4 ,please don't misunderstand me if ,i point out here that economic warfare was waged by the ,british and ,americans with extreme concentration on bombing warfare1 which was not a matter of national reprisal because it hit industries in occupied territories4 ,on the other hand the war with ,russia had gone beyond the normal limits1 if ,i can call it that4 ,it is difficult for me to say who was the guilty party4 ,q4 ,i do not refer to the time after the war had reached such a state that there were no restrictions4 ,i am speaking of the period before the war started4 ,i would like to know whether a man of your education could have been enlisted in a practice which you knew and would then have known was entirely illegal and contrary to international law as well as the precepts and dictates of humanity4 ,a4 ,i would not have participated if ,i had known the whole documentary material which became known in our first big trial4 ,if ,i had known that ,hitler since #aich had prepared for war and had tied the fate of his people to his own to such an extent that his end was the end of his own nation---- ,q4 ,i didn't intend to enter into such a long discussion on this4 ,all ,i had in mind was that if those in your classification1 as specialists1 would have observed international law1 and would have known clearly what international law was--the restrictions1 the limitations and so on--and if we assumed that these specialists were men of character1 then1 even though ,germany had at the helm a navigator who had become mad1 he could not have run the ship on to the rocks for the simple reason that you and the other specialists who assisted in the present shipwreck1 would have refused to ship on a venture which was so obviously bound for the rocks1 internationally speaking4 ,is that true or not8 ,a4 ,that is so without a doubt4 ,q4 ,and would you go so far as to say that had there been an international trial of the proportions of the one we have just had1 and these which are now following1 after the ,first ,world ,war1 and the knowledge resulting from decisions handed down would have become well-known because of the punishments which would have been inflicted1 would you say that that might have served as a bar against a ,second ,world ,war8 ,a4 ,i do not wish to say that it could have stopped and ,hitler---- ,q4 ,if ,hitler had not had specialists1 ,hitler could not have wrecked the world himself4 ,hitler had to have a ,speer and had to have the others who were condemned in the first ,international ,military ,tribunal4 ,he could not have done it alone4 ,a4 ,that's quite clear1 but these specialists were taken into their part of the war without realizing what the connections were and an international trial is not a wholly certain method to prevent a new war2 but ,i think it's a very essential contribution toward that aim4 ,i am unable to answer your question by saying that ,hitler would have been unable to find collaborators if1 after the ,first ,world ,war1 these trials had been held1 but ,i do wish to say it would have been much more difficult for him1 also because our specialists were not very intimately connected with the ,party circles4 ,q4 ,well1 ,i think that's a point ,i wanted to find out2 that1 if the specialists had refused to collaborate1 knowing that the contribution of their service meant a completely illegal undertaking1 then ,hitler could not have conducted a war by himself and therefore there could not have been a war8 ,a4 ,in technical warfare the specialists are decisive factors for the conduct of war1 but the specialists are not to be regarded as being the parties principally responsible4 ,they do not have the necessary knowledge of the background1 the political background--essential in view of ,hitler's untruthfulness--to see where he is taking the ship4 ,q4 ,the ship could go nowhere without you specialists4 ,that's all4 ,a4 ,i thank you4 ,,judge ,,musmanno3 ,do you have any questions1 ,dr4 ,bergold8 ,,direct ,,examination ,,dr4 ,,bergold3 ,yes1 sir1 ,i have4 ,witness1 his ,honor has asked you how it would be if a factory1 for instance1 would need and would request #ej1jjj workers1 which way and in which channel would take this request up to the point in foreign territories where #ej1jjj foreigners would have been gathered and taken to ,germany for that purpose4 ,isn't it correct that such a proposal of bringing #ej1jjj workers to this factory did not mean that #ej1jjj foreign workers would be brought but meant only that #ej1jjj workers altogether were brought8 ,that meant ,german workers as well as foreign workers which were actually already in ,germany and employed there and also new recruits8 ,that included all that1 did it not8 ,,speer3 ,i was deflected from my answer in that particular case and ,i did not really give an answer to the question4 ,if #ej1jjj workers were requested for a certain branch in our industry the request gave a figure which did not show how many of them were ,germans and how many of them were foreign workers4 ,the bigger part of the workers which were supplied came from what was called fluctuation4 ,fluctuation meant the transfer of workers from one plant to another4 ,it's quite clear that production is in a constant development4 ,one always follows the other and in some cases one orders particular workers and then it loses that importance for military reasons4 ,the plan is that some workers available are constantly released and sent on to different plants or industries4 ,a second source was the newly mobilized ,german workers1 ,i mean the women workers1 and a third source was the sending of foreign workers already in ,germany1 and a fourth source the prisoners of war who were also sent on from one branch to the next1 and the fifth source consisted of some that came in from foreign countries4 ,how these various workers from these various sources were distributed among branches1 neither my offices nor the factories who had requested workers could find out4 ,that was a matter which had to be decided by the labor exchanges because it took an enormous amount of work to find the proper workers for the proper branches4 99 99 99 ,q4 ,thank you4 ,witness1 do you know that when the ,french ,government1 which at that time existed in ,paris1 had issued an order for the calling up of labor did that mean compulsory labor8 ,a4 ,these details became known to me during the trial4 ,my tasks were enormous and at that time ,i did not bother much about details4 ,i cannot say anything about this from my knowledge4 ,q4 ,witness1 you must know this2 at the time when you had discussions with ,mr4 ,bichelonne1 ,french ,minister1 ,i should think that the existence of compulsory labor service in ,france should have been discussed at that time4 ,a4 ,perhaps ,i misunderstood you4 ,i said quite clearly last time that ,i knew about the fact that in occupied territories workers were taken to ,germany against their free will4 ,the various districts1 etc41 are not known to me4 ,q4 ,no4 ,i mean if such a decree had been issued at all4 ,that's what ,i am speaking of4 ,a4 ,i had to assume that but ,i wasn't actually informed about it4 ,q4 ,did you consider the ,french ,government1 which at that time was in ,paris1 ,france--did you consider it a regular government8 ,a4 ,this is the same sort of question which his ,honor put to me too4 ,i had no basis to find out whether the ,french ,government was legal or not1 because these are problems of international law which are beyond me as a layman4 ,q4 ,witness1 do you not know that the ,government of ,ptain had been recognized and was recognized by the ,american ,government1 and that the ,american ,government had an ambassador1 if ,i recall correctly--and ,i am not sure ,i can pronounce his name--at that time1 ,mr4 ,leahy1 ,admiral ,leahy8 ,a4 ,i know that1 but ,i must say frankly that ,i did not spend my time thinking about whether the ,french ,government was legal or not4 ,q4 ,thank you4 ,i have no further questions4 ,,judge ,,musmanno3 ,herr ,speer1 what ,i was endeavoring to elucidate1 or have you elucidate for us1 was not whether you knew if a government was legal or not1 if it was recognized internationally or not4 ,i wanted to draw your attention to something quite more fundamental1 and that was the employment against its will of population in a war activity1 all of which was prohibited by international law4 ,and if you and all the specialists in the ,hitler regime knew of the limitation and were thoroughly aware1 and the knowledge was so widespread that you couldn't help but know that it was illegal and that you would be punished if you did it1 that is1 to bring in workers from another country and put them into war operations--if that were a matter of such general knowledge that every college man and every person that was well read would know of it1 would ,hitler not have had difficulty in obtaining such a crew to run a ship1 regardless of what he may have had in mind as to the illegal port which he hoped to attain by that voyage8 ,,speer3 ,i can only speak about the time in which ,i worked1 that is to say1 from #aidb onwards4 ,in that time1 ,i am sure that if these legal matters had been made quite clear a large number of technicians or industrial leaders would not have collaborated to the extent they did if they had realized the illegality and the possible punishment4 ,i would like to stress this particularly for the period from #aidc onwards4 ,from that time onwards1 many intelligent people realized that the war had been lost1 and from that time onwards it would have made a great impression if in former trials heavy punishment was meted out4 ,not everybody would have been impressed2 certain people would have followed the old line1 but the majority of so-called specialists1 certainly-- ,q4--would have recognized the illegality of what they were asked to do4 ,i understand you to say that the majority of the specialists would have recognized the illegality of what they were asked to do and would have refused4 ,that is what ,i understand you to say4 ,a4 ,yes1 that is what ,i wanted to say4 ,,judge ,,musmanno3 ,very well4 ,thank you very much4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #e ,,extract ,,from ,,the ,,stenographic ,,report ,,of ,,the ,,eleventh ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bb ,,july #aidb ,,report ,,of ,,the #aa,,th ,,conference ,,of ,,the ,,central ,,planning ,,board ,,on #bb ,,july #aidbajc page #b of original ,safeguarding of ,food ,supplies ,a net increase of one million foreign workers is anticipated4 ,this figure has not been reached during the past months4 ,even if more than one million workers are brought here during the months to come1 the limit of one million will actually never be exceeded due to continued losses4 ,food for this number of workers is guaranteed4 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #fajd ,,extract ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,twenty-,,second ,,conference ,,of ,,the ,,central ,,planning ,,board1 #b ,,november #aidb ,,stenographic ,,minutes ,,of ,,the #bb;,d ,,conference ,,of ,,the ,,central ,,planning ,,board ,,concerning ,,assignment ,,of ,,labor1 ,,monday1 #b ,,november #aidb1 #ab3jj ,o',,clock ,,in ,,the ,,reich ,,ministry ,,for ,,aviation 99 99 99 99 99 ,,milch3 ,in my opinion agriculture has to be provided with its labor4 ,if1 theoretically1 agriculture could have been given #ajj1jjj more men1 there would be #ajj1jjj fairly well-fed men1 while those we get now1 particularly the prisoners of war1 are not exactly fit for work4 ,if agriculture will get them in time1 they will again be able to feed these people up again4 ,however1 it will not be very happy about it4 99 99 99 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #g ,,extract ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,thirty-,,second ,,conference ,,of ,,the ,,central ,,planning ,,board1 #ab ,,february #aidc ,,stenographic ,,minutes ,,of ,,the #cb;,d ,,conference ,,of ,,the ,,central ,,planning ,,board--,,the ,,four ,,year ,,plan ,,on #ab ,,february #aidc 99 99 99 99 99 ,,milch3 ,everybody sticks to his old methods until he is literally beaten away from them4 ,however1 one must not only beat1 one must give advice1 too4 ,they must be good experts who will tell people3 ,you will do that this way or that2 it is not necessary that you use just this sum4 ,who does such a thing will never give in and say1 ,i can do with less4 ,mining has been partly beaten#aje into iron by saying we cannot give you anything but iron on account of the shortage of lumber4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #hajf ,,extract ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,thirty-,,third ,,conference ,,of ,,the ,,central ,,planning ,,board1 #af ,,february #aidc ,,stenographic ,,minutes ,,of ,,the #cc;,d ,,conference#ajg ,,of ,,the ,,central ,,planning ,,board ,subject3 ,assignment of ,labor1 #af ,february #aidc1 #af o'clock1 in the ,reich ,ministry for ,armament and ,munitions1 ,berlin4 99 99 99 99 99 ,,speer3 ,we are in complete agreement4 ,you will not receive any list from us for this action but the whole armament industry including the anticipated deliveries will be devoted to this action4 ,the administrations too must be served at the same time4 ,but the authorities including army1 air and navy shall not get a single person from the action4 ,this must be adhered to4 ,you know what the ,reich ,minister ,dr4 ,lammers said3 ,that he must therefore have some new women typists at the ,reich ,chancellory at once4 ,that makes no sense4 ,,milch3 ,where ,france is concerned1 there exists in ,france an industry which makes aircraft motors and parts1 all complete4 ,we have transferred there all the things which can be made there without endangering secrecy in any way4 ,these are training aircraft1 transport aircraft1 etc4 ,however1 since we want to make the most of the production in other ways1 we have moved away part of it to a large extent4 ,as a whole these things must be kept secret from the ,french but in every part subject to secrecy there are only a few parts which are real secret4 ,the bulk consists of other parts4 ,these have also gone there to a great extent just as we engaged aircraft builders in ,france to a great extent4 ,we now currently have work waiting in ,france for several thousand aircraft builders4 ,at the moment the industry working for us there needs1 according to its claims1 some #bj1jjj men1 who are asked of us1 in order to be able to keep to the program4 ,the production is still far behind that which was agreed upon with you in the program4 ,whereas we in ,germany fully carry out our program1 only #cj percent of it is carried out in ,france4 ,in fact it has only begun to function in the last weeks and months after we have been more active there4 ,in principle1 we have excluded the ,state from this whole cooperation with industry and set the ,german firms to work with the ,french firms4 ,sponsor firms have been appointed so as to make the affair operate4 ,this system is not yet fully completed but has been favorably initiated everywhere and indeed brings quite other returns to some extent4 ,the reproach is always made to us that nearly all ,europe is at our disposal4 ,the production we draw from ,france1 with the exception of motor cars1 is minute as regards the army4 ,the whole ,french production potential is not yet fully exploited by us or only to a quite small proportion4 ,if it were necessary for us to produce in ,france1 because in ,germany the capacity1 space machine tools1 etc41 which are not convenient for removal are lacking1 if the accommodation of the people were not so difficult1 etc41 we would in fact be reduced to the point of taking everything to ,germany and have the work done here4 ,but this would entail too great a decrease in the production in our own country1 not to mention the reluctance of the people4 ,we came to an agreement yesterday4 ,i am very thankful that this matter is now1 thanks to yourself1 ,gauleiter ,sauckel1 together with ,gen4 v4 d4 ,heyde and ,col4 ,brueckner1 to be settled on the spot4 ,it is difficult to induce ,frenchmen to come over here4 ,an official agency alone cannot either appreciate or realize this1 only a sponsoring firm can realize it4 ,i therefore suggest that sponsor firms be called upon to cooperate1 precisely because in ,france the sub-contract system is very widespread4 ,behind the factory which actually organizes the thing1 there are other factories which belong to the semi-finished goods and preparatory industry4 ,this industry1 however1 can be supervised by our sponsor industries4 ,we should have to assign to our people the task of investigating the individual firms and find out which people are working for our program4 ,all others we annex ourselves4 ,when we have got hold of them and annex them in ,german industry1 that is1 only those people who are really necessary to us1 it will be possible to utilize them in the right way4 ,the proportion of specialist workers there is higher than in this country4 ,we have indeed drained a certain number of them into our factories last year because they were the easiest to get4 ,the ,frenchmen must work with more specialists than we4 ,we must work with more specialists than the ,russian1 and the ,russian must have still more specialists than the ,american4 ,in ,america they can place any simpleton before any machine1 he will put it right in a flash4 ,only the installation requires a specialist4 ,the man need only have arms2 a head is a superfluous luxury4 ,in ,france the system is quite different4 ,the ,frenchman has adapted himself to it and has always indeed had unemployment4 ,a labor organization as we conceive it does not exist4 ,with the same number of ,frenchmen and all other installations1 facilities1 etc41 being the same1 one will only obtain1 as compared with ,german personnel1 half at the most or only one-third of the production1 even if the personnel have all good will and zeal4 ,it is a matter of system4 ,this system we cannot simply alter1 neither can the sponsor firms1 but we must try in this way to obtain from them to a certain extent the additional resources which we need for our industry and armament4 ,by proceeding thus1 we can put things right4 ,i believe the sponsor firms have an obvious interest in this4 ,if industry has too many specialist workers there working for us1 let us draw upon them ourselves1 because we are suffering a great shortage of them4 ,this resource should be left to our firms after this extensive drain on specialist workers has been suffered4 ,we want to raise our armament4 ,now to another point4 ,i have today ordered in my jurisdiction that an extensive action should take place2 today1 when we are counting upon obtaining a great number of women in virtue of the obligatory service whose age limit we hope to see extended to #ee4 ,the ,british have extended obligatory service to the age of #fe4 ,the additional #aj years are a trifle exaggerated4 ,women are not able to go to the machines immediately and perform heavy work4 ,the few days that are necessary for them to instruct the personnel are immaterial4 ,we can still spare that much time if it were not that it would convey to the population an impression to the following effect3 ,now that we have reported for work1 it is months before we are called up4 ,i have ordered1 within my jurisdiction1 that the women should as much as possible be employed in offices where men are now to be found1 for instance in the wage offices1 etc4 ,in these1 women and elderly men can be easily trained1 as they will be able to do without further difficulty4 ,in this way1 men in the commercial offices1 etc41 should be released for the accountancy offices and similar offices4 ,this involves1 in the case of industry1 over #bj1jjj individuals and there are other branches besides4 ,it amounts to quite a considerable number consisting solely of people who1 in view of the war economy1 are unfortunately necessary now4 ,these men must now be placed at our machines insofar as they are not drafted1 that is to say1 are not soldiers4 ,these people are more likely to be able to render better service at the machines or in the factories than the women now assigned1 insofar as women are disposed to go to the machines4 ,of course1 there will be women who have done such work before and who are now willing to turn to this work but who have not reported for work so far because they have not found it necessary to work for a living on account of the dole4 ,where the assignment of women is concerned1 ,i should suggest that1 in the process of the action1 only those women be assigned for whom work at the machine is not involved if a man is thereby released4 ,,timm3 ,the danger lies in this that the draftees were partly to be released without replacement having actually been forthcoming4 ,,field ,,marshal ,,milch3 ,that is quite another matter4 ,when female auxiliaries of the ,signal ,corps are assigned1 it is not additionally but only in the proportion that soldiers are released thereby4 ,there are indeed several #ajj1jjj men in the signal corps of the army and air force4 ,in our department1 #bej to #cjj1jjj have been such4 ,whether there are so many now1 ,i do not know4 ,they are all young men fit for combat4 ,i have always campaigned against this and said3 one ought to assign women preferably so as to release soldiers4 ,if that is done now1 it will really release a large number1 it does not matter whether for the workshop or for the front4 ,of course1 there is a front somewhere in the ,east too4 ,this front will be maintained for a certain time4 ,the only useful thing the ,russian will inherit from the territories evacuated by us will be the people4 ,it might be better in principle to withdraw the population in time as far as #ajj km4 behind the front4 ,the whole civilian population will move back to #ajj km4 behind the front4 ,nobody will now be assigned to trench digging work4 ,,timm3 ,we tried to withdraw the population of ,kharkov4 #ij to #abj1jjj people were required by the fortress commandant of ,kharkov for trench work alone so that in some cases we had to organize whole convoys4 ,,weger3 ,actual demolitions were even carried out4 ,,field ,,marshal ,,milch3 ,but that is done by the engineer corps4 ,there is definitely no more hope that more prisoners of war will come from the ,east4 ,,sauckel3 ,the prisoners taken are used there4 ,,field ,,marshal ,,milch3 ,we have made the request that there should be a certain percentage of ,russians with us in the antiaircraft artillery4 #ej1jjj altogether are expected4 #cj1jjj are already there as gunners4 ,it is a funny thing that ,russians must operate the guns4 ,the other #bj1jjj are still missing4 ,i received a letter from the ,high ,command of the ,army yesterday saying3 ,we can no longer turn over a single one1 we have too few ourselves4 ,so this thing will not turn out so successfully for us4 ,,speer3 ,it would be advisable to make the draft of women somewhat clearer in the press4 ,,field ,,marshal ,,milch3 ,that would primarily have to be placed in the foreground4 ,in this respect the question is whether ,i will receive the accounts from our industry in time4 ,the matter is bound to be settled some time4 ,there will be no deception4 ,people who want to deceive also deceive now1 whether they have this personnel or not1 whether their accounts are up to date or not4 ,the other people are honest4 ,the mass has not engaged in deception4 ,whether we are a little backward in checking prices will not be very important4 ,the most important thing is to work4 ,we know what is produced abroad1 having now received the figures4 ,the ,russian actually makes #b1jjj aircraft a month in the way of front-line aircraft4 ,this figure is far higher than ours4 ,this must not be forgotten4 ,we must get to the assembly line and produce quite other figures4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #i ,,extract ,,from ,,stenographic ,,minutes ,,of ,,the ,,thirty-,,ninth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #bc ,,april #aidc ,,stenographic ,,minutes ,,of ,,the #ci,,th ,,conference ,,of ,,the ,,central ,,planning ,,board ,subject3 ,food ,situation and ,armament ,industry4 ,held on ,friday #bc ,april #aidc1 #i3cj ,a4,m4 in the ,festival ,barrack near the ,zoo1 ,jebenstrasse 99 99 99 99 99 ,,milch3 ,i am convinced that there are more ,russian prisoners of war4 ,at that time #d1jjj1jjj were captured4 ,a large part of them died1 however the number of those who are still living is higher than we are told now4 ,we reckon here with hundred thousand ,russian prisoners of war in the agriculture4 ,altogether1 we have #cjj1jjj of them in the ,reich4 ,during the ,first ,world ,war ,i had #bjj ,italian prisoners of war with me4 ,these prisoners were to be turned over1 however1 we kept ours by reporting them dead in order to keep them4 ,and these people also wanted to stay in spite of the fact that we told them that they would be reported dead even to their families4 ,we dragged these prisoners around with us till the end of the war4 ,,kehrl3 ,if the food supplies of the labor brought in from abroad are taken from the ,german rations then1 while we think that we are very rich for having these people1 the ,german rations are in reality reduced1 and the decrease in the working capacity of our own workers does more harm than the good done by the new people4 ,,speer3 ,but from the figures of this incoming labor we have to deduct those who leave the country because of expired foreign agreements1 and the others which we lose because of cases of death or illness4 ,on the whole the increase of labor in our total war economy is not at all so very important4 7,interpolation3 the more labor we fetch from the ,east1 the more this total figure will increase47 ,,backe3 ,but there is a limit1 too1 in the number of men we can absorb4 ,at that time we were told that one million was to be taken into the country1 from the ,east4 ,now we have already got several millions4 ,,milch3 ,you cannot count that way4 ,before all these measures in the second year of the war1 the air force had #a4h million men and today it has less than two million4 ,the whole air armament which is a considerable part of the total war armament1 in the course of the war or in the last #b years of the war has not even increased by #aj percent4 ,in reality the total increase in this field amounts to about #abe1jjj to #aej1jjj men4 ,we are always looking for those people4 ,that is our main problem4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,r-#abd ,,defense ,,exhibit #ca ,,extracts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,fifty-,,fourth ,,conference ,,of ,,the ,,central ,,planning ,,board1 #a ,,march #aidd ,,stenographic ,,minutes ,,of ,,the #ed,,th ,,conference#ajh ,,of ,,the ,,central ,,planning ,,board ,re3 ,labor ,allocation on ,wednesday1 #a ,march #aidd1 #ajjj hours1 at the ,reich ,air ,ministry4 ,,sauckel3 99 99 99 ,i have a ,gau armament supervisor in ,thuringia and ,i have just been inspecting the plants in ,thuringia4 ,at the railroad car factory in ,gotha ,i have set things going so that within a few days it will be turning out #bj percent of its production again4 ,everything has been done4 ,but one thing you must bear in mind3 ,labor allocation as an institution must be independent and must remain so4 ,furthermore ,i must ask you not to support constantly the opinion of the armament inspectors3 ,sauckel must be put under the control of the ,ministry then everything will be better4 ,gentlemen1 please see to it that that does not happen this year4 ,as a ,national ,socialist of long standing ,i am determined to cooperate unreservedly with you1 the ,minister for ,armament and ,production1 indeed with all those gentlemen1 but1 in consideration of the difficulty in this sphere of work ,i must be given the amount of freedom to make decisions of my own which was guaranteed me by the ,fuehrer's decrees and those of the ,reich ,marshal4 ,i would never have taken on the task without these decrees1 because ,i know it cannot be accomplished without them4 ,i beg you therefore1 to create such an atmosphere as is necessary among the lower ranks too so that the ,gau labor offices in the first place may be recognized as organizations which are entrusted to me and put at my disposal for keeping the labor commitment in order on the lower levels4 99 99 99 99 99 99 99 99 ,,sauckel3 ,i would like to insist on the fact that1 in the future also1 the ,s-plants be checked2 for the ,s-plants form a suction pump1 and1 since it is known all over ,italy and ,france1 that whoever works in the ,s-plants is protected from any interference on my part is proved by the following fact4 ,during the first three months ,i wanted to take out of ,italy #a million people before #cj ,may4 ,in these two months hardly #g1jjj men have come4 ,that is just the difficulty4 ,the bulk goes to the ,s-plants1 and only the dregs are left for employment in ,germany4 ,i would like to achieve yet1 that for the important plants in ,italy1 at least the number of ,s-plants be restricted1 that is that the number of ,s-plants be not increased4 ,,schieber3 ,in ,italy for every protected plant there is an agreement made4 ,over1 beyond the situation on #ae ,february or #aj ,february1 ,s-plants are established only with the approval of the services under me4 ,we have them registered1 and only when we aim at an agreement are they declared protected plants4 ,,sauckel3 ,now the question arises3 ,if in such a protected plant there are more hands than are needed according to ,german standards1 could they be handed over8 ,,schieber3 ,they are to be combed through but the people combed through are to be put only in other protected plants4 ,down there in ,italy in your services there is a demand for #g1jjj hands and more4 ,the gentlemen are right to laugh at us saying3 ,what does that mean1 you want people1 but at the same time our great task must be the transfer of people6 ,i spoke with ,leyers on ,sunday and told him that ,i wished to have a conversation with the ,gauleiter about this matter3 ,if the labor offices state that there is still a certain surplus of hands employed1 a commissioner appointed by ,general ,leyers must then visit the respective plant together with a commissioner of ,gauleiter ,sauckel's2 they must examine the situation1 and these two gentlemen must then come to an agreement1 as to the people they remove from plants4 99 99 99 ,besides these promises concerning nutrition have not been kept to the extent we wished4 ,the extra food1 as we had planned it has not yet appeared at all so that there is no incentive felt2 apart from this certain inner evolutions are influencing industry at present in ,italy1 with the result that especially the leading workmen who are so valuable for us partly fail to come to the factory any more4 ,they wait patiently until1 during the next three or four weeks1 the elections and convocations in the factories concerning socialization and the introduction of commissars1 etc41 are over4 99 99 99 ,,sauckel3 ,in ,italy1 it seems1 things are going on smoothly in general1 but not yet in ,france4 ,,milch3 ,when workmen are transferred how are their families ensured8 ,,sauckel3 ,automatically4 ,,schieber3 ,that is quite easy4 ,if it is possible in any way1 we shall have the whole personnel transferred to another factory4 99 99 99 99 99 99 99 99 ,,sauckel3 ,years ago we made an investigation like this in ,france and saw that in ,german armament production1 corresponding to districts ,a and ,b1 some #fjj1jjj workers were occupied out of the total of some #b to #c million metal workers we had anticipated4 ,therefore there must still be some more metal workers hidden in ,france1 people who were formerly in metal trades4 ,,milch3 ,so #ge percent are still free1 and #be percent are tied up in the ,s-industries4 ,,sauckel3 ,we have to deduct the prisoners of war who are now in ,germany4 ,but there are hundreds of thousands of skilled workers who1 according to the agreements made1 have returned to ,france and ,belgium month after month4 99 99 99 99 99 ,,sauckel3 ,in reply to that ,i must ask you the following3 ,what do you want to do now in ,germany8 ,in ,germany you now have plane construction1 the manufacture of highly expensive apparatus1 complicated engine construction1 you have here in general the most complicated manufactures in the world4 ,if ,i brought the scum of ,french manpower to ,germany for you what would you get as regards production8 ,we of the ,labor ,allocation were always of the opinion in the ,french industries we must under all circumstances maintain a certain level of the trained workers and a certain degree of production4 ,and we wanted to compel these ,french industries to lower their level of a hundred percent skilled personnel for the benefit of the ,german industries which have been bled of their skilled hands4 ,as ,plenipotentiary ,general for the ,allocation of ,labor ,i considered my task to be not the transfer to ,germany of the scum of ,europe1 but the bringing of efficient manpower4 ,but a part of your gentlemen in ,france1 and in your ,ministry too1 had no understanding for this4 ,that ,i must say quite plainly4 ,it would be mere child's play for me to bring you the refuse of ,europe if you would be satisfied with it4 ,i would simply grab all the whores and gigolos in ,paris and put them at your disposal1 then ,i would not have to touch your armament industries4 ,but if ,i have to provide you with real workers who will prove efficient in ,germany1 then in ,france--and that was just my program--we must do the same as we did in every ,german plant and in every ,german enterprise3 when a ,german company is split in two1 some of the good workers and some of the bad ones had to be given up and not just the bad workers4 ,and ,french armaments never were harmed thereby4 ,it is a fact1 is it not1 that a ,french worker of quality produces the double amount if he is put in a ,german factory under ,german discipline1 with ,german supervision and ,german welfare8 ,if we agree to re-examine all ,s-plants--and that is all ,i ask--and if we take out all superfluous expert workers and assistant workers1 then we put them at the disposal of the other ,french enterprises which need them1 to the extent that they need them1 and when they are satisfied1 ,i have to request that if ,i am to carry out my program1 then from these plants too1 workers must be transferred to ,germany4 ,if that is not approved of and it is insisted that the severe formula be observed3 ,s-plants are out of question for labor commitments to ,germany1 then1 according to my experience1 this program of ,january #d can hardly be achieved4 ,then you are responsible for the decision of what was better at the end of this year1 to have these people in ,france or in ,germany4 ,that is the responsibility you have to bear and which ,i shift from my shoulders4 ,i was told3 ,why did you not take the ,russian workers away in time1 now they are in the ,russian regiments4 ,exactly the same would happen here4 ,my opinion is that the introducing of ,s-plants was altogether a great mistake which is damaging to the general interests of ,germany4 ,the ,french government jumped to that with the greatest cleverness4 99 99 99 ,that is the way we did it the first year1 and up to #gjj1jjj ,frenchmen came to the ,reich according to the program4 ,these were all decent ,french workers4 ,from the fall of this year on this came to an end4 ,no more skilled ,french workers came1 nor any others either4 ,it was the entire collapse of the labor allocation built up on the slogan3 ,from now on no worker needs to go from ,france to ,germany4 99 99 99 99 99 ,,kehrl3 ,the consideration which originated at that time with ,minister ,speer and which led to the arrangement with ,bichelonne was the following3 ,if ,i cannot transfer the people by force from ,france to ,germany to the extent necessary1 which is shown1 by developments now1 and if at the same time ,i run the danger of having the people leave the plants in which they are now working for fear of being taken by force1 then it is a lesser evil for me to try and put these people to work in ,france and ,belgium1 in which case ,i do not have to use ,german force to get them across the frontier4 ,then at least ,i am sure that the people are not running away from the plants in the first place and secondly that additional employment will be brought there4 ,he sent an invitation to ,minister ,bichelonne4 ,the conferences took place between the #afth and #ahth ,september4 ,the question was put to ,bichelonne to what extent the shifting of industries would be possible1 and what additional productions he could place1 etc4 ,this caused a change in the policy of production4 ,so far ,minister ,speer had chiefly shifted to ,france all the urgent armament productions in those fields in which the ,german capacity was insufficient4 ,now he said3 ,i will not only shift this to ,france1 but ,i will also shift really important war production1 which is carried out at present in ,germany with ,german labor1 so that ,i can release ,german labor in ,germany and have this production carried out in ,france1 ,belgium1 and ,holland4 ,there is sufficient capacity in this field in ,france and labor is also available in sufficient numbers4 ,therefore a large part of the work can be accomplished there and ,i can release the people in ,germany4 ,thereby ,i am serving two ends3 in the first place ,i am setting free ,german labor and secondly ,i am utilizing the ,french workers who are not working at all now because industry is at standstill4 ,and there is still a third factor1 that ,frenchmen will be ready of their own accord to carry out such production as serves the welfare of the civilian population1 because with such work they are no longer in danger of air raids and they are not working directly for the war4 ,so that they will not be considered as traitors to their country1 but are working for the advantage of their own country4 ,this development has been encouraged in the meantime4 ,the time is still too short to make any definite statement as to the results4 ,in some fields the results are already quite exceptional4 ,in some instances we have transferred up to #ej percent and more of the total ,german requirements to the ,west and the manufacturing is done there4 ,the transfer figures are rising rapidly from month to month4 ,the coal and power questions are of course great obstacles4 ,we hope1 however1 to overcome them in the course of this year1 because by the middle of the year we shall have increased #be percent of the power supply in ,france by water power1 the necessary constructions for which will be finished by them1 and by the end of #aidd hydroelectric stations will be ready and they will be equal to #ej percent of the present ,french power production4 ,the idea in fact is this3 to carry out there the work which up to now has been done here and to release thereby ,german labor4 ,there is yet another reason for this4 ,it has been pointed out by you time after time1 ,gauleiter1 that in these sections of industry1 it is not easy to change the workers4 ,according to the ,field ,marshal's description of the situation1 there is especially a lack of managers and supervising personnel in the works and only ,german workmen can be considered for such1 and every worker1 even if technically he is not so suitable1 will serve for purposes of management supervision and will lend some backbone to the plant4 ,as regards the question of the ,s-plants1 ,minister ,speer put the following question to ,minister ,bichelonne3 ,are you in a position to provide the labor for such an extensive shifting program1 which involves a certain risk8 ,to which ,bichelonne1 from his standpoint quite rightly replied3 ,if the people are not running away into the woods for fear of being deported to ,germany ,i shall get them to work in ,french plants4 ,from this discussion there resulted the idea of protected plants which1 as you said1 were supposed to represent a protection against ,sauckel4 ,whoever is there is working for ,germany and may not be deported to ,germany4 ,you said that these plants worked like a suction pump4 ,that is just what they were meant to do4 ,labor was to be drawn in with a suction process so that the plants were full to capacity and could work for us4 ,the existence of the ,s-plants cannot and may not be undermined4 ,it is backed by the ,german promise which was given in all solemnity and which was supported by the signature of my ,minister4 99 99 99 99 99 ,,sauckel3 ,may ,i again draw attention to the matter of volunteers and to the entire process of the allocation of ,french labor4 ,there was never any program carried out in ,france on a voluntary basis1 but the programs have been carried out for the ,todt ,organization the building of fortresses in ,france1 on the one hand1 and for the assignment in ,france to the plants working for ,germany and also to the plants working for transferred industries according to concrete agreements which ,i made with the ,french government1 on the other hand4 ,the ,french government fulfilled these conditions last year4 ,it appointed people for the western fortifications and for the ,atlantic fortifications1 it appointed people for the plants and it appointed people for ,germany4 ,in the fall of last year1 towards the end of summer1 ,laval declared for the first time that he was not going to send any more people to ,germany and from then on only very few ,frenchmen arrived in ,germany4 99 99 99 99 99 ,,timm3 ,will it not happen that the offices making the demands say one day3 ,but we know that in the ,french plants there is an excess of skilled workers which cannot be justified8 ,,milch3 ,that should be discussed again later with ,speer himself4 ,first ,speer must have a survey of what has happened as the result of all his agreements4 99 99 99 99 99 ----- #ij ,tr4 pp4 #afa-afb4 #ia ,defendant in case of ,government of ,france vs4 ,hermann ,roechling4 ,see ,vol4 ,,xiv4 #ib ,,dr4 ,,bergold1 ,milch's defense counsel1 objected as follows 7,tr4 p4 #acd73 8,may it please the ,tribunal1 ,i would like to make a final objection against the introduction of the exhibit just submitted by prosecution1 namely #da-;,a1 for the following reason3 this is an interrogation of ,sauckel1 who1 in conformance with the sentence passed upon him1 was executed4 ,i am of the opinion that such an interrogation cannot be used as evidence here1 for1 since ,sauckel was executed1 ,i have no possibility whatsoever to ask him to appear here before the ,tribunal as a witness and to cross-examine him concerning his statements4 ,in this statement there are certain things which are not correct1 and1 due to the fact that the person who made them is dead1 they cannot be corrected4 ,the ,international ,military ,tribunal frequently ruled that statements made by witnesses and affidavits can only be introduced when it is possible for the defense counsel to bear these persons as witnesses1 and to ask prosecution to produce these people for cross-examination4 ,this is absolutely impossible in the case of ,sauckel1 and ,i should like to ask the ,tribunal to issue a ruling on whether or not these statements can be used as evidence here4 ,the ,court ruled as follows 7,tr4 p4 #aid73 ,,presiding ,,judge ,,toms3 ,the ,court has determined that under the ,charter and the ,ordinance this exhibit is admissible4 ,its weight1 however1 in view of the peculiar circumstances attending it1 is1 of course1 still for the ,tribunal to determine4 ,this ruling is made after conference with the judges of ,tribunal ,i1 who had a similar problem presented1 and who made the same ruling as this ,tribunal now makes4 ,,mr4 ,,denney3 ,if your ,honors please1 that question will come up again1 because we have interrogations and affidavits from other defendants in the first trial1 who have since either been executed or have taken their own lives4 ,,presiding ,,judge ,,toms3 ,the ,tribunal feels that the very broad scope of the section of the ,charter and the ,ordinance dealing with the admission of evidence justifies the admission of this exhibit4 #ic ,defense introduced this paragraph as ,defense ,exhibit #e4 ,see pp4 #eji-aj4 #id ,another portion of the minutes of this meeting was introduced by the defense as ,defense ,exhibit #h4 ,see pp4 #eaa-ae4 #ie ,defendant before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #if ,another portion of the minutes of this meeting was introduced by the defense as ,defense ,exhibit #ca4 ,see pp4 #eag to #ebc4 #ig ,defendants in case of ,united ,states vs4 ,ernst von ,weizsaecker1 et al4 ,see ,vols4 ,,xii1 ,,xiii1 ,,xiv4 #ih ,same as note above4 #ii ,defendant in case of ,united ,states vs4 ,otto ,ohlendorf1 et al4 ,see ,vol4 ,,iv4 #ajj ,defendant in case of ,united ,states vs4 ,wilhelm von ,leeb1 et al4 ,see ,vols4 ,x1 ,,xi4 #aja ,defendant in case of ,united ,states vs4 ,carl ,krauch1 et al4 ,see ,vols4 ,,vii1 ,,viii4 #ajb ,complete testimony is recorded in mimeographed transcript1 #ag ,feb4 and #d ,mar4 #dg1 pp4 #aacf-aahf1 #adde-adeg4 #ajc ,prosecution introduced other portions of this report as ,prosecution ,exhibit #dh-;,a4 ,see pp4 #deg-ei4 #ajd ,prosecution also introduced this document4 #aje ,defense counsel1 ,dr4 ,bergold1 explained 7,tr4 p4 #ebc73 8,this document shows that the defendant liked to use strong language4 ,it refers merely to the allocation4 ,he speaks of #8beating'1 yet he does not mean this literally but figuratively4 ,the high ,tribunal will remember at one time he spoke of whips being used to force certain people to use suggested methods4 ,that is not what he meant40 #ajf ,dr4 ,bergold stated 7,tr4 p4 #ecj73 8,this document is submitted to show that ,field ,marshal ,milch was very much endeavouring to leave the ,french workers in ,france with their own firms and only to transfer orders over there4 ,the ,international ,military ,tribunal has accounted as exonerating circumstances in the case of ,speer that he established in ,france the protected plant system 7,speer ,betriebe72 so far as ,milch is concerned1 we wish to point out that he did the very same thing for the airplane industry and that he tried to act in a reasonable way4 ,i also wish to say that the man always had in mind reasonable economic propositions4 ,finally the document proves that individual remarks made were of no consequence whatsoever1 that they were only verbal flourish which did not lead to any results4 ,for instance1 in the case of antiaircraft batteries1 the conference passes that point over1 which is shown by the last words of ,speer and ,milch4 ,it is simply a marginal remark4 ,i will also prove that he did not say that on this occasion and that the minutes were changed1 because he had difficulties with ,goering4 ,i shall show that this passage1 criticizing ,goering1 was taken out of the report because at that time serious difficulties arose between him and ,goering40 #ajg ,another portion of the minutes of this meeting was introduced by the prosecution as ,prosecution ,exhibit #dh-;,a4 ,see pp4 #dfg-ga4 #ajh ,another portion of the minutes of this meeting was introduced by the prosecution as ,exhibit #dh-;,a1 ,see pp4 #dhd to #dih4 #c4 ,,the ,,jaegerstab#aji ,,excerpt ,,from ,,statement ,,of ,,the ,,prosecution ,,regarding ,,milch',s ,,activity ,,in ,,the ,,jaegerstab1 #ac ,,january #aidgaaj ,,mr4 ,,king3 ,if your ,honors please1 the prosecution begins now the presentation of that phase of its case dealing with the defendant ,milch's participation in the ,jaegerstab4 ,i might add that that has to do with the slave labor phase of the ,milch case4 ,first1 ,i wish to say a few words about the background of the ,jaegerstab4 ,the ,jaegerstab was formed on #a ,march #aidd by decree of ,albert ,speer issued pursuant to an order of ,adolf ,hitler4 ,our evidence will show1 however1 that it was the defendant ,milch who conceived and instigated the formation of the ,jaegerstab4 ,the purpose of the ,jaegerstab was increased production of fighter aircraft4 ,fighter plane production had suffered severe set-backs due to ,british and ,american air attacks4 ,defendant ,milch and his ,luftwaffe had also suffered in the battle for new raw materials4 ,fighter aircraft were ,germany's principal defense against bombing raids4 ,early in #aidd the defendant ,milch had concluded that without adequate fighter protection the entire ,german armament industry would soon be destroyed4 ,after repeated urgings1 ,milch was finally successful in his efforts to create a special commission of top officials from various ministries to undertake a special effort in the field of fighter production4 ,the ,jaegerstab1 therefore1 was actually a concentration of experts drawn from various ministries4 ,our evidence will show that the defendant ,milch and ,speer were designated as the joint chiefs of the ,jaegerstab with ,karl ,adolf ,saur acting as ,chief of ,staff4 ,the methods adopted by the ,jaegerstab in the execution of its tasks were 7#a7 transfer of ,german aircraft industry underground1 7#b7 the decentralization of ,german aircraft industry1 7#c7 quick repair of bombed-out plants4 ,our proof will show that the labor for this program1 which was the decisive consideration in the discussions of the ,jaegerstab1 was obtained from three sources3 7#a7 ,sauckel ,ministry1 7#b7 concentration camps1 7#c7 direct recruitment from occupied countries4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,nokw-#jag #ed ,extracts from the minutes of #ebg the conference with air force engineers and chief quartermasters under chairmanship of ,milch1 #be ,march #aidd4 ,,nokw-#bfa #gj ,chart of the organization of #ece the ,jaegerstab drawn by ,saur with letter of transmittal to prosecution staff1 #ad ,november #aidf4 #aehd-;,,iii-,,ps #ga ,correspondence between ,himmler #ecg and ,goering1 #i ,march #aidd1 concerning the use of concentration camp prisoners in the aircraft industry4 ,r-#abd #dh-;,e ,extracts from the minutes of #eci discussions between ,saur and the ,fuehrer1 #f and #g ,april #aidd4 ,,nokw-#bdg #fa ,appointment of ,field ,marshal #edj ,milch as ,goering's plenipotentiary for the intensification of air force armament4 ,f-#hbd #eg ,order of ,field ,marshal von #edb ,kluge regarding compulsory recruitment of labor in the ,west1 #be ,july #aidd4 ,,nokw-#ccg #ge ,extracts from transcript of #edd stenographic minutes of the ,jaegerstab ,conference of #f ,march #aidd4 ,,nokw-#cch #ge ,extracts from transcript of #ede stenographic minutes of the ,jaegerstab ,conference on ,friday1 #ag ,march #aidd4 ,,nokw-#cdf #ge ,extracts from transcript of #edf stenographic minutes of the ,jaegerstab ,conference under chairmanship of ,field ,marshal ,milch on ,monday1 #bj ,march #aidd4 ,,nokw-#chh #ge ,extracts from transcript of #edg stenographic minutes of the ,jaegerstab ,conference of #bh ,march #aidd4 ,,nokw-#ccd #ge ,extract from transcript of #eej stenographic minutes of the ,jaegerstab ,conference of #be ,april #aidd4 ,,nokw-#cfb #ge ,extracts from transcript of #eeb stenographic minutes of ,jaegerstab ,conference on the occasion of the #eth trip of the 8,hubertus ,undertaking01 #b and #c ,may #aidd4 ,,nokw-#cij #ge ,extract from transcript of #eec stenographic minutes of the ,jaegerstab ,conference of #d ,may #aidd4 ,,nokw-#ddb #ge ,extract from transcript of #eed stenographic minutes of the ,jaegerstab ,conference on #e ,may #aidd4 ,,nokw-#cfa #ge ,extract from transcript of #eed stenographic minutes of the ,jaegerstab ,conference during the #fth journey of the 8,hubertus ,undertaking0 from #h-aj ,may #aidd4 ,,nokw-#ccf #ge ,extracts from transcript of #eee stenographic minutes of the ,jaegerstab ,conference on #bf ,may #aidd4 ,,nokw-#cei #ge ,extracts from transcript of #eeg stenographic minutes of the ,jaegerstab ,conference on #bg ,june #aidd4 ,,nokw-#cbj #gc ,extract from interrogation of #eeh ,karl ,otto ,saur on #ac ,november #aidf1 concerning the use of concentration camp prisoners in ,jaegerstab construction4 ,,nokw-#bff #gf ,affidavit of ,fritz ,schmelter1 #eei #ai ,november #aidf1 concerning the organization of the ,jaegerstab4 ,defense ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,speer ,ex4 #cd #ag ,order of ,hitler1 #ba ,april #aidd1 #efj delegating to ,dorsch authority for ,jaegerstab constructions4 ,,nokw-#ccg #ab ,excerpts from the stenographic #efa minutes of the ,jaegerstab ,conference on #f ,march #aidd in the ,reich ,air ,ministry4 ,,nokw-#cch #ac ,excerpts from the stenographic #efb minutes of the ,jaegerstab ,conference presided over by ,field ,marshal ,milch on ,friday1 #ag ,march #aidd1 #aajj hours1 in the ,reich ,air ,ministry4 ,,nokw-#cfe #ae ,extract from the stenographic #efc minutes of the ,jaegerstab ,conference1 #ab ,april #aidd4 ,,nokw-#ccd #af ,extracts from stenographic #efd minutes of the ,jaegerstab ,conference1 #be ,april #aidd4 ,,nokw-#ddb #ba ,extract from the stenographic #efe minutes of the ,jaegerstab ,conference1 #e ,may #aidd4 ,,nokw-#ccf #bc ,excerpts from the stenographic #eff minutes of the ,jaegerstab ,conference on ,friday1 #bf ,may #aidd1 at #aj3jj o'clock4 ,testimony ,extracts of testimony of defense witness ,fritz ,schmelter #efg ,extracts of testimony of defense witness ,xaver ,dorsch #ehc ,,partial ,,translation ,,of ,,document ,,nokw-#jag ,,prosecution ,,exhibit #ed ,,extracts ,,from ,,the ,,minutes ,,of ,,the ,,conference ,,with ,,air ,,force ,,engineers ,,and ,,chief ,,quartermasters ,,under ,,chairmanship ,,of ,,milch1 #be ,,march #aidd ,handwritten note ,to my files ,mi4 ,secret ,,minutes ,,of ,,the ,,conference ,,with ,,air ,,force ,,engineers ,,and ,,chief ,,quartermasters ,,under ,,the ,,chairmanship ,,of ,,field ,,marshal ,,milch ,,on ,,saturday1 #be ,,march #aidd1 ,,at #aj ,o',,clock ,dr4 ,koppert_/,lm4 #be ,march #aidd ,,field ,,marshal ,,milch3 ,gentlemen6 ,i welcome you4 ,i have called you together here in order to discuss with you questions of importance for our ,german defense4 ,beginning with the year #aidb1 the ,luftwaffe put special emphasis upon a considerable increase in the number of fighter planes produced each month which at that time amounted to #bjj to #bbj4 ,it was possible1 by ,july of last year1 to exceed the figure of one thousand as the norm1 in accordance with our program4 ,then the heavy raids1 especially against our armament industry1 began first against the preliminary industry ,vorindustrie in the ,ruhr1 then against our fighter and airplane industry itself4 ,the enemy enumerated #fe completely destroyed fighter factories and factories producing parts for fighters in his lists4 ,beginning in the middle of #aidb we undertook extensive evacuations1 and did so to small localities above ground1 smaller places1 and the like4 ,in so doing1 about #d million square meters of factory space1 productive space1 were evacuated4 ,that was the maximum that could be accomplished with the means at our disposal4 ,we were lacking in transport space1 we were lacking in machine tools1 and primarily we were lacking in skilled workers and managerial forces1 more of whom are of course needed in a dispersed system of manufacture than in a centralized system4 ,the extraordinary drafting into the ,wehrmacht and just at the end also the ,,se #c-;drive deprived the ,luftwaffe armament industry of its key personnel4 ,we have in our employ today approximately #fj percent foreigners and #dj percent ,germans1 whereby one has to take into consideration that the women work in the factories only half a day4 ,therefore1 the ratio of ,germans to foreigners becomes considerably more unfavorable4 ,the ratio is gradually approaching #ij percent foreign with #aj percent ,german supervising them4 ,the rest of the ,germans are concentrated in development factories and the like4 ,the enemy has now adopted a definite plan--as you as soldiers know yourselves and learn constantly from foreign news--of destroying aircraft production first1 and mainly the production of fighter planes and night fighters1 in order to be able to deal with ,germany as he pleases4 ,the enemy believes that this stage has almost been reached now4 ,there is1 however1 still some confusion in his news reports4 ,one day he expresses his amazement that the ,german fighter planes did not appear4 ,then again the newspapers receive a secret directive3 8,unpleasant surprises do occur1 so do not emphasize so strongly that the enemy has already disappeared from the air40 ,on the whole1 however1 the enemy hopes that it has come to the point where ,germany's backbone has been broken or that at least that stage has almost been reached where the enemy has been granted the possibility of dealing with ,germany as he pleases4 ,another plan our ,western enemies have concerns the questions surrounding the concept of the invasion4 ,the invasion and its success would of course also be favorably influenced by a destruction of ,german anti-air raid defenses4 ,we of the ,luftwaffe armaments have been asking for over a year already that a strong home defense in the air be set up4 ,we have made efforts to establish the prerequisites necessary for this1 namely1 the providing of sufficient planes to serve as day and night fighters4 99 99 99 ,being fully aware that the strength of the ,luftwaffe alone is insufficient both as regards quotas and with respect to the workers1 etc41 in order to bring about an extensive change in the field of air armaments1 we applied to ,minister ,speer and his colleagues to undertake a common special effort in this field4 ,the establishment of a ,ruhr staff served as an example for us2 it was established at the time when the industry in the ,ruhr area seemed to be entirely put out of commission by the continuous raids4 ,at that time the ,ruhr staff was set up and the necessary quotas1 buildings1 etc41 were put at its disposal4 ,thereby the entire situation was changed4 ,minister ,speer and his colleagues1 fully aware that without air armaments and without air defense the rest of the armament industry would very soon be destroyed and become useless1 agreed to this plan enthusiastically and with initiative4 ,thus it came about that a definite proposal was made to the ,reich ,marshal and the ,fuehrer3 the ,jaegerstab was created4 ,the order of the ,fuehrer provides clearly that the fighter plane program which the ,jaegerstab is starting has priority over all other fields of armament1 which means1 to be sure1 that other important armaments are not to be infringed upon by it4 99 99 99 99 99 99 99 99 ,the ,jaegerstab is made up as follows3 the direction is in the hands of ,reich ,minister ,speer and myself4 ,deputy for both of us1 and at the same time our chief of staff1 is ,hauptdienstleiter ,dipl4 ,ing4 ,saur1 who is sitting on my left4 ,saur is the man who carried out the large-scale armament program for the army and the navy in the ,speer ,ministry in recent years in an exemplary manner4 ,saur again and again during the past year and a half succeeded in raising the production figures in all important fields and sometimes even in multiplying them4 ,further1 ,i name only the leaders of the ,jaegerstab4 ,we have put the question of over-all planning in the hands of ,dr4 ,wegener4 ,construction matters will be directed by ,dipl4 ,ing4 ,schlempp4 ,the evacuation underground will be in the hands of ,,ss ,gruppenfuehrer ,kammler4 ,the supply1 one of the most essential factors1 and everything in the way of semi-manufactured material that comes to our factories for completion1 will be taken care of by ,director ,schaaf1 deputy to ,staatsrat ,dr4 ,schieber1 the chief of the armament supply office ,ruestungslieferungsamt in ,speer's ,ministry4 ,dr4 ,schmelter will take care of labor commitment4 ,sites suitable for dispersal1 confiscations1 etc41 will be in the hands of ,ministerialrat ,speh of the armaments supply office4 ,gruppenfuehrer ,nagel of the ,organization ,speer will be in charge of transportation4 ,the supply of power will be in the hands of ,general ,director ,fischer4 ,engineer ,lange will be in charge of machinery1 ,mr4 ,nobel of repairs4 ,reich railroad questions will be in the hands of the ,president of the ,reich railroad1 ,pueckler4 ,post ,office3 ,oberpostrat ,dr4 ,zerbel4 ,health matters3 ,dr4 ,poschmann4 ,social welfare3 ,dr4 ,birkenholz4 ,special problems for ,me #bfb and steel power units3 ,captain ,dr4 ,krome4 ,raw materials and quota system3 ,dr4 ,stoffregen4 ,questions of technical simplification1 etc43 ,oberstabsing4 ,klinker4 ,office manager3 ,petri4 99 99 99 ,on the spot the individual gentlemen are then told1 supported by the combined authority of the state1 the ,wehrmacht1 and the ,party1 that is1 ,saur and me--,speer is unfortunately still on sick leave1 otherwise he would also be present--what it is all about4 ,that takes ten minutes4 ,after ten minutes the individual members of the ,jaegerstab disappear and get together with the men from the factory who are competent for their sphere of activity4 ,thus1 all pertinent questions are dealt with in the conferences about the commitment of labor1 and all competent men1 who have anything to do with the commitment of labor meet1 especially the president of the competent ,provincial ,labor ,office4 ,thus it is determined on the spot1 in the individual spheres1 what the factory lacks4 ,if the circumstances require it1 it is immediately demonstrated to the factory that their requests are nonsense4 ,unreasonable demands and excessive claims are revised4 ,well-founded demands are immediately filled4 ,while the discussions are still going on1 telegrams are sent to the different offices1 and the people are already set to work4 ,in general1 the people arrive in #bd hours4 ,unfortunately there are exceptions1 for which the ,wehrmacht sector is responsible4 ,the ,wehrmacht does not work as smoothly and beautifully as civilian offices4 ,it is an error to believe that civilian offices are more bureaucratic than military offices4 ,on the basis of my continuous and extensive experience ,i can assure you exactly the opposite is true4 99 99 99 99 99 99 99 99 ,our entire ,german ball-bearing industry1 and that outside ,germany1 was eliminated one hundred percent by the enemy in a1 ,i must say1 brilliant attacking operation3 ,erfurt1 ,schweinfurt1 ,frankfurt on the ,main1 ,stuttgart1 ,italy4 ,we were faced with the question whether without ball bearings we could produce new planes at all1 new tanks1 or whether we had to capitulate as an armament industry4 ,for ball bearings are an indispensable factor in modern armament industry4 ,one finds and needs them everywhere1 even in places where one does not think of them at first4 ,now it became apparent1 thank ,god1 that the branches of the ,wehrmacht had hoarded ball bearings and roller bearings in such large masses that we got along for three months with the hoarded material alone4 ,in this case it was lucky that we still had so much1 that so many ball bearings had been hoarded4 ,i have to admit that4 ,but that is not the normal way4 ,it is certain that in the whole period up to now too many spare parts have been requested just in order to gather such hoards4 ,and this in spite of the fact that not everything has been attained by far1 but only very large stocks4 ,i should like to say that with the material you have1 #bj to #cj1jjj planes could be newly built or newly equipped without further ado4 ,that is how much material you have6 ,and this does not concern large parts2 for in that field ,i was always strict--it concerns rather all the accessories and apparatus4 ,in considering these figures one has to know that about #eb percent of the total man-hours are spent in equipping a plane and only #dh percent in building the aircraft frame and the engine4 ,only then does one realize fully the importance for us of all that small junk that is lying around all over4 ,it is not necessary that the troops always take along all their spare parts4 99 99 99 ,gentlemen1 in this connection ,i may call your attention to another important point4 ,if ,i visit an office and find out that something is being hidden there1 then ,i ask for the death penalty for such a crime today6 ,that is fraud6 ,that is sabotage of the ,german armament industry6 99 99 99 99 99 ,then there is still the human factor4 ,we often had considerable difficulty with the human factor4 ,the fluctuation there is very considerable4 ,the quota of the ,luftwaffe in the distribution of manpower is constantly lowered4 ,the foreigners run away4 ,they do not keep to any contract4 ,there are difficulties with ,frenchmen1 ,italians1 ,dutch4 ,the prisoners of war are partly unruly and fresh4 ,these people are also supposed to be carrying on sabotage4 ,these elements cannot be made more efficient by small means4 ,they are just not handled strictly enough4 ,if a decent foreman would sock one of those unruly guys because the fellow won't work1 then the situation would soon change4 ,international law cannot be observed here4 ,i have asserted myself very strongly1 and with the help of ,saur ,i have very strongly represented the point of view that the prisoners1 with the exception of the ,english and the ,americans1 should be taken away from the military authorities4 ,soldiers are not in a position1 as experience has shown1 to cope with these fellows who know all the answers4 ,i shall take very strict measures here and shall put such a prisoner of war before my court martial4 ,if he has committed sabotage or refused to work1 ,i will have him hanged1 right in his own factory4 ,i am convinced that that will not be without effect4 ,anyhow1 the strangest things occur in the treatment of the workers4 ,it is said that the people collapse1 and then one has to find out that they have a furlough of three or four days every eight weeks4 ,that is dirty business of the first order and treason to the country6 ,then perhaps a construction battalion arrives and is supposed to be put to work4 ,the commanding officer1 perhaps some overfed grade-school teacher1 declares that the men must drill and must take part in sports6 ,damn it1 the fellows are there to work so that the maximum amount of work will result4 ,one has to act very strictly here4 ,a construction battalion was ordered to ,regensburg4 ,the commanding officer was one of those scholars who said he could not billet the men in peacetime conditions and1 therefore1 he refused to start work4 ,such a guy should be convicted by a court martial and hanged4 ,i would be grateful if the gentlemen would proceed in that manner4 ,as with me in industry1 so every stupidity is possible everywhere else also4 ,as chief1 one has to take up these matters4 ,i know what kind of obstacles become apparent4 ,there is bureaucracy4 ,it is not easy to go against bureaucracy4 ,but we have to cut through that also1 and if you1 ,gentlemen1 proceed with the right attitude here1 then we are already assured of success4 99 99 99 99 99 99 99 99 ,in saying this ,i do not even consider the fact that the workshops have first-class personnel1 whereas we in the ,luftwaffe armament industry have ,russians1 ,french prisoners of war1 ,dutch1 and members of #cb other nations4 ,obtaining interpreters alone presents a big difficulty there4 99 99 99 ,a further question concerns the efforts for housing the machines4 ,that is very important1 and ,i would be very grateful if you would think this matter over also4 ,in this manner you would not only facilitate the question of spare parts but also the scarce supply of materials4 ,each fighter plane contains about one ton of aluminum4 ,every small bomber contains four tons of aluminum2 and a larger bomber1 seven to eight tons4 ,the captured bombers contain eleven to twelve tons of aluminum4 ,there are in any case tremendous amounts of material involved here4 ,let us take twelve tons as normal for an ,american heavy bomber1 or let us say only ten tons1 and let us assume that we actually shoot down #ejj such ,american bombers a month and that we can salvage them over our own territory2 that alone means #e1jjj tons of aluminum1 #e1jjj tons3 that is #be percent of the aluminum quota at the disposal of the ,luftwaffe4 ,you can see how important these questions are1 too4 ,we can certainly count on more ,americans being shot down in the future because we will have more fighter planes4 99 99 99 99 99 ,i further ask for support by the ,luftwaffe physicians4 ,with all the rabble that we have among the foreign workers there is of course a lot of shirking4 ,at the moment the ,russians--that is1 the ,russian prisoners of war--are feigning a lot of fatigue and illness4 ,the incidence of sickness of one-and-a-half to two percent which we have had up to now has at least doubled and in some factories it has been increased to eight1 nine1 and ten percent4 ,that is1 of course1 done by previous agreement4 ,there the official physicians must undertake an examination and if the physicians1 who have to be very strict1 find out that it is not true1 then we return the fellows to work by means of the whip4 ,then the whip serves as cure4 ,a further request which is very important from the point of view of leadership6 ,sometimes we do not know in case of an alert what orders we want to give for our factories4 ,if a factory knows that it is about to be attacked1 and it has a few trench shelters but does not have a bomb-proof shelter or the like1 then the people simply run away from the factory1 automatically at each raid1 after the first one1 and they usually cannot be caught the next day1 either4 ,that applies particularly to the foreigners4 ,we have1 therefore1 now issued the following order1 and have equipped the superiors accordingly with weapons and pistols3 as soon as a factory which has already been attacked a few times can count on the raids being aimed at that particular factory again1 then the personnel leave the factory2 but in closed groups by shops1 under the leadership of the man in charge of the shop1 and1 to the extent that they are ,german personnel1 they leave singing military songs4 ,the people are led away from the factory to a distance of #a1jjj or #a1ejj meters4 ,there they have to lie down in slit trenches and watch their factory from there1 so that they can immediately rush to it after the raid in order to help and to save what can be saved4 ,that is the only correct way to do it4 99 99 99 99 99 99 99 99 ,gentlemen1 you come from the fronts1 and some of you were perhaps surprised to see how ,berlin looks4 ,i recommend to you1 if you still have time today1 to drive around in a bus and see ,berlin4 ,the center still looks quite nice4 ,but have a look at other districts of ,berlin too1 or look at ,frankfurt or ,duesseldorf or whatever all of these places are called1 in their present condition2 then you will admit to me that the population will not be able to endure this condition permanently2 not that there is any danger of a revolution or any such thing as we know it from #aiah4 ,but at a certain point a human being just cannot endure any more4 ,it is quite surprising how the population has endured this thing so far or how it always gets on its feet again1 when it is led in the proper way by true leaders 7,fuehrer7 who1 thank ,god1 are present among the people through the ,party and the rest of the leadership4 ,but you must not forget1 ,gentlemen1 the war of nerves has reached a point which causes us in the leadership group worry4 ,the people cannot endure that forever4 ,one does not have to see only how the people are working--,i have told you that--but also how they live1 where they are living today1 how they are sleeping today4 ,there are hundreds of thousands of ,berliners who have not known any heating for months1 who have not been able to take a bath for months1 who have not been able to shave with warm water for months1 and the like4 ,they are happy if they can still put their warm coffee ,plirsch in their stomachs in the morning and at noon their soup4 ,and with that they work seventy-two hours4 ,it is a damned difficult affair4 ,whoever does not understand that and whoever does not say on this occasion3 ,from now on our work will be done quite differently than was the case so far1 is a miserable wretch in my opinion4 ,and everyone of us and everyone you appoint has to be trained to accomplish in this sphere what the others have been accomplishing for a long time4 ,we have to do that1 we have to increase our production so that we can push the enemy back in the next few weeks and months in the same way as he has advanced to ,berlin and farther1 step by step4 99 99 99 99 99 ,please go wherever you are going and knock everybody down who blocks your way6 ,we cover up everything here4 ,we do not ask whether he is allowed to or whether he is not allowed to4 ,for us1 there is nothing but this one task4 ,we are fanatics in this sphere4 ,we do not even consider letting anything at all distract us from that task4 ,no order exists which could prevent me from fulfilling this task4 ,nor shall ,i ever be given such an order4 ,now1 do not let anything deter you1 and get your people to the point that no one deters them4 ,if there is a little hindrance from below1 this is not due to ill will but to stupidity4 ,gentlemen6 ,in the fifth year of war stupidity is a crime6 99 99 99 99 99 ,gentlemen1 ,i know1 not every subordinate can say3 ,for me1 the law no longer exists1 but he has to have someone who covers up for him1 not out of cowardice2 but if you act according to the spirit of the old field service regulation1 8,abstaining from doing something hurts us more than erring in the choice of the means10 and if1 moreover1 you keep in touch and immediately clarify difficult points so that something can be done1 then we are willing to accept the responsibility1 whether this is the law or not4 ,i see only two possibilities for me and for ,germany3 ,either we succeed and thereby save ,germany1 or we continue these slipshod methods and then get the fate that we deserve4 ,i prefer to fall while ,i am doing something that is against the rules but that is right and sensible and be called to account for it and1 if you like1 hanged1 rather than be hanged because ,papa ,stalin is here in ,berlin1 or the ,englishman4 ,i have no desire for that4 ,i would rather die in a different way4 ,but ,i think we can accomplish this task1 too4 ,we are in the fifth year of war4 ,i repeat3 ,the decision will come within the next six weeks6 ,heil ,hitler6 7,end3 #ab3bj hours7 ,,translation ,,of ,,document ,,nokw-#bfa ,,prosecution ,,exhibit #gj ,,chart ,,of ,,the ,,organization ,,of ,,the ,,jaegerstab ,,drawn ,,by ,,saur ,,with ,,letter ,,of ,,transmittal ,,to ,,prosecution ,,staff1 #ad ,,november #aidf ,nuernberg1 #ad ,november #aidf ,k4 ,o4 ,saur ,,to3 ,mr4 ,king1 via ,prison ,office4 ,in accordance with your request enclosed please find the organization chart of the ,jaegerstab which was founded by decree of ,reich ,minister ,speer on #a ,march #aidd4 ,the chart was drawn up from memory4 ,the working methods of the ,jaegerstab are disclosed in their essence by the following paragraph from the ,armament ,staff ,charter issued by ,reich ,minister ,speer on #a ,august #aidd4 8,also in the future in order to prevent the ,armament ,staff from developing gradually into an extensive agency1 the regulation concerning the purely personal membership will be maintained1 as was the case for the ,jaegerstab4 ,the technical work will be done1 therefore1 in the office and agencies to which the personal members belong1 under the responsibility of the competent office chiefs or agency directors40 ,the ministries and their offices or agencies responsible for the different tasks are mentioned individually in the organization chart4 ,for reasons of clarity1 the ,jaegerstab1 as liaison office1 has been framed in red2 the technological office1 which then was under my own responsibility has been framed in blue4 ,see legend on chart4 ,signed ,,saur ,illustration3 ,chart3 ,responsible ,groups and_/or ,main ,departments4 ,,translation ,,of ,,document #aehd-;,,iii-,,ps ,,prosecution ,,exhibit #ga ,,correspondence ,,between ,,himmler ,,and ,,goering1 #i ,,march #aidd1 ,,concerning ,,the ,,use ,,of ,,concentration ,,camp ,,prisoners ,,in ,,the ,,aircraft ,,industry #ahgi_/dd ,secret #i ,march #aidd ,field-command office ,subject3 ,employment of prisoners in the aviation industry4 ,reference3 ,teletype of #ad ,february #aidd4 #e copies1 #eth copy ,top ,secret ,state ,matter ,most honored ,reich ,marshal1 ,following my teletype letter of #ah ,february #aidd1 ,i herewith transmit a survey on the employment of prisoners in the aviation industry4#aaa ,this survey indicates that at the present time about #cf1jjj prisoners are employed for the purposes of the air force4 ,an increase to a total of #ij1jjj prisoners is contemplated4 ,the production is being discussed1 established1 and executed between the ,reich ,ministry of ,aviation and the ,chief of my ,economic ,administrative ,main ,office1 ,,ss ,obergruppenfuehrer and ,general of the ,waffen ,,ss ,pohl4#aab ,we shall render assistance with all forces at our disposal4 ,the task of my ,economic ,administrative ,main ,office1 however1 is not solely fulfilled with the delivery of the prisoners to the aviation industry1 as ,,ss ,obergruppenfuehrer ,pohl and his assistants take care of the required working speed through constant control and supervision of the work-groups ,kommandos and therefore have some influence on the results of production4 ,in this respect ,i may suggest consideration of the fact that in enlarging our responsibility through a speeding up of the total work better results can definitely be expected4 ,we also have for some time adjusted our own stone quarries to production for the air force4 ,for instance1 in ,flossenbuerg near ,weiden the prisoners employed previously in the quarry are working now in the fighter plane program for the ,messerschmitt corporation1 ,regensburg1 which saw in the availability of our stonemason shops and labor forces after the attack on ,regensburg at that time a favorable opportunity for the immediate partial transfer of their production4 ,altogether #d1jjj prisoners will work there after the expansion4 ,we produce now with #b1jjj men #ijj sets of engine cowlings and radiator covers as well as #abj1jjj single parts of various kinds for the fighter ,me #aji4 ,in ,oranienburg we are now employing #f1jjj prisoners at the ,heinkel works for construction of the ,he #agg4 ,with these we are supplying #fj percent of the total crew of the plant4 ,the prisoners are working without fault4 ,up till now #bjj suggestions regarding the improvement of work have been handed in at ,heinkel from the ranks of the prisoners1 which were used and were rewarded with premiums4 ,we are increasing this employment to #h1jjj prisoners4 ,we also have employed female prisoners in the aviation industry4 ,for instance at the mechanical workshops in ,neubrandenburg #b1ejj women are working now in the manufacture of devices for dropping bombs and rudder control4 ,the plant has adjusted the total aerial production to employ prisoners4 ,in the month of ,january #cj1jjj devices as well as #ejj rudder controls and altitude regulators have been manufactured4 ,we are increasing employment to #d1jjj women4 ,the performance of the women is excellent4 ,in our own plant in ,butschowitz near ,bruenn 7,brno7 we produce also for the air force1 there however with civilian workers4 ,this plant supplies #ad1jjj wooden-built rear control apparatus for ,me #aji to the ,messerschmitt ,corporation1 ,augsburg4 ,the movement of manufacturing plants of the aviation industry to subterranean locations requires further employment of about #ajj1jjj prisoners4 ,the plans for this employment on the basis of your letter of #ad ,february #aidd are already under way4 ,i shall keep you1 most honored ,reich ,marshal1 currently informed on this subject4 ,heil ,hitler6 ,initialed ,h4,h4 ,,heinrich ,,himmler ,,translation ,,of ,,document ,r-#abd ,,prosecution ,,exhibit #dh-;,e ,,extracts ,,from ,,the ,,minutes ,,of ,,discussions ,,between ,,saur ,,and ,,the ,,fuehrer1 #f ,,and #g ,,april #aidd ,top ,secret ,state ,matter ,the ,chief of the ,technical ,office ,,ta ,ch ,s_/,kr ,berlin1 #i ,april #aidd ,,minutes ,,of ,,discussions ,,with ,,the ,,fuehrer ,,on #f ,,and #g ,,april #aidd 99 99 99 99 99 #af4 ,reports made to the ,fuehrer by myself ,saur and ,field ,marshal ,milch1 based on tables and drawings1 as to the achievements of the ,jaegerstab stressing the satisfactory cooperation of the new organization with all offices and plants4 ,reported in detail that plans have been made for the best part of transfers1 and that1 as a first installment1 the decentralization above ground will be completed by ,august1 and1 as the second installment1 that the most vulnerable plants will be underground by the end of the year4 #ag4 ,field ,marshal ,milch reported on the result of a construction staff meeting of the ,central ,planning ,board according to which the most important building projects only could materialize due to a great tension in general conditions4 ,in spite of this1 the ,fuehrer demands that the two huge buildings of #fjj1jjj square meters each should be erected with all speed4 ,he agrees that one of these buildings is not to be made from concrete but--according to our suggestion--will be set up as an extension of1 and close to1 the ,middle ,plant ,mittelwerk as a so-called 8,middle-,building0 ,mittelbau1 and that this plant will be placed under the direction of the ,junkers ,works4 ,plans have to be made without delay to secure production in bottleneck items of the ,junkers ,works1 production of ,me #bfb at #a1jjj per month1 and fighters at #b1jjj per month4 ,suggested to the ,fuehrer that1 due to lack of builders and equipment1 the second big building project should not be set up in ,german territory but in close vicinity to the border on suitable soil 7preferably on gravel base and with transport facilities7 on ,french1 ,belgian1 or ,dutch territory4 ,the ,fuehrer agrees to this suggestion if the works could be set up behind a fortified zone4 ,for the suggestion of setting this plant up in ,french territory speaks mainly the fact that it would be much easier to procure the necessary workers4 ,nevertheless1 the ,fuehrer asks that an attempt be made to set up the second works in a safer area1 namely in the ,protectorate4 ,if it should prove impossible there1 too1 to get hold of the necessary workers1 the ,fuehrer himself will contact the ,reich ,leader ,,ss and will give an order that the required #ajj1jjj men are to be made available by bringing in ,jews from ,hungary4 ,stressing the fact that the building organization of the ,industry ,association ,silesia ,industriegemeinschaft ,schlesien was a failure1 the ,fuehrer demands that these works must be built by the ,o4,t4 ,organization ,todt exclusively and that the workers should be made available by the ,reich ,leader ,,ss4 ,he wants to hold a meeting shortly in order to discuss details with all the men concerned4 99 99 99 99 99 ,the ,fuehrer agrees that these items may be used as a basis for future conferences4 signed ,,saur typed 7,,saur7 ,,translation ,,of ,,document ,,nokw-#bdg ,,prosecution ,,exhibit #fa ,,appointment ,,of ,,field ,,marshal ,,milch ,,as ,,goering',s ,,plenipotentiary ,,for ,,the ,,intensification ,,of ,,air ,,force ,,armament ,copy ,the ,reich ,marshal of ,greater ,germany ,chairman of the ,reich ,defense ,council ,berlin1 ,june sic ,,authorization ,the war situation calls for the utmost intensification of the armament capacity of the ,german ,air ,force within the shortest time4 ,the goal of the measures to be taken has to be the fourfold increase of the present production in all branches of air force armament4 ,i commission the ,state ,secretary of the ,ministry of ,aviation1 ,field ,marshal ,milch1 with the speediest execution of this intensification of armament ordered by the ,fuehrer4 ,to secure the attainment of the end at which we aim ,i confer herewith the most extensive power of authority on ,field ,marshal ,milch within the sphere defined as follows3 #a4 ,shutting-down and seizure of factories1 decisions about expropriations and forced leases1 seizure and expropriation of construction material in agreement with the ,plenipotentiary ,general for ,construction1 erection of auxiliary buildings exempted from restricting provisions of the building police1 of the office for the supervision of industry1 of air-raid protection1 social institutions1 etc41 as far as these provisions are incompatible with the fast completion of the building projects4 #b4 ,confiscation1 expropriation1 and renting of machinery of all kinds and its distribution to the armament factories of the ,luftwaffe4 ,forced transfer of workers who are unemployed or employed in industry of any kind whatsoever1 this not only for the erection of the buildings but also for allocation to ,luftwaffe armament factories4 #c4 ,confiscation of raw materials absolutely essential for the ,luftwaffe program2 only superfluous raw materials may then be distributed in the manner as now4 ,this refers especially to light metals and gasoline4 #d4 ,removal and transfer of key personnel of the entire armament industry irrespective of existing contracts under private law2 cancellations of or changes in existing powers of authorization1 and issue of new powers2 creation of industrial associations1 patent associations1 merger of companies2 creation of new companies1 and separation of uneconomically working firms and their coordination or subordination to better managed firms4 #e4 ,deviation from existing regulations about the financing of the war and premiums in cases where the utmost intensification of output cannot be achieved otherwise4 ,in this connection due consideration has to be given to the economical situation and to the financial capacity of the firms involved4 #f4 ,all decisions of and all measures taken by my plenipotentiary on the basis of this authorization have to be regarded as if they were ordered by me4 ,these decrees and measures have priority in respect to all other official directions and decrees as far as these are not compatible with the speediest execution of the intensification of the production capacity4 ,,translation ,,of ,,document ,f-#hbd ,,prosecution ,,exhibit #eg ,,order ,,of ,,field ,,marshal ,,von ,,kluge ,,regarding ,,compulsory ,,recruitment ,,of ,,labor ,,in ,,the ,,west1 #be ,,july #aidd ,secret ,stamp #b;a ,handwritten ,headquarters1 #be ,july #aidd #edf ,handwritten ,commander in ,chief ,west ,section ,ia,t ,no4 #agca_/dd secret ,reference3 #a4 ,,okw_/,,wfst_/,qu4 7,adm4#a7 ,qu4#b 7,west7 ,no4 #jebja_/dd secret of #h ,july #aidd 7distributed only to ,commander in ,chief ,west and the ,military ,commanders47 #b4 ,,okw_/,,wfst_/,qu4 7,adm4#a7 ,qu4#b 7,west7 ,no4 #jedca_/dd secret of #ai ,july #aidd4 7,file ,notes7 ,subject3 ,procurement of ,labor in the ,west4 ,with ,ref4 to #b1 ,chief ,,okw has ordered3 8,the communication of ,field ,marshal ,von ,kluge of #h ,july1 addressed to the ,reich ,minister for ,armament and ,war ,production1 crossed with my order of the same day40 7,,okw_/,,wfst_/,qu4 7,adm4 #a7 ,qu4 #b 7,west7 ,no4 #jebja_/dd secret74 ,from this it is evident that1 by order of the ,fuehrer1 under suspension of orders to the contrary1 the wishes of the ,plenipotentiary for ,labor ,sauckel and of ,reich ,minister ,speer must1 in principle1 be carried out4 ,further1 to my teletype1 the following additional general directions apply in future1 as a result of the conference of ministers in the ,reich ,chancellery on #aa ,july1 about which the ,commander in ,chief ,west will have been informed by the military commander3 ,rejecting justified misgivings with regard to peace and security in the interior of the country1 seizures must be carried out wherever the opportunities referred to in my above-mentioned teletype offer themselves4 ,as the only limitation1 the ,fuehrer has ordered that no forcible means shall be employed against the population in the actual combat area as long as it the population shows itself prepared to assist the ,german ,armed ,forces4 ,however1 recruiting of volunteers from among refugees from the combat zone is to be carried out vigorously4 ,moreover1 every means is justified to seize as much labor as possible otherwise1 apart from using the powers granted to the armed forces4 ,in order to render as effective as possible the measures which have been introduced1 the troops are furthermore to be instructed in general as to the necessity of the organization for conscription of labor in order to put an end to the open and covert resistance which has arisen in many instances4 ,the field commandants and the offices of the military administration must give wide support to the representatives of the ,plenipotentiary for ,labor ,allocation and refrain from encroaching on their sphere of activity4 ,i now direct that the necessary orders in this sense be given and that ,i be constantly informed about the measures taken and their execution4 ,indorsement of ,commander in ,chief ,west3 ,in accordance with this1 ,commander in ,chief ,west has reported the following to the ,chief of the ,,okw on #bc ,july #aidd3 #a4 ,i have authorized the execution of the ,sauekel-,laval agreement of #ab ,may in spite of misgivings because of interior security4 #b4 ,i will issue more detailed directives for the execution of the measures in the combat zone in accordance with ,,okw_/,,wfst_/,qu4 7,adm4#a7_/b 7,west7 ,no4 #jebja_/dd secret of #h ,july #aidd4 ,the ,commander in ,chief ,west ,typewritten ,,von ,,kluge ,field ,marshal ,additional orders will follow4 ,for the ,commander in ,chief ,west ,the ,chief of ,staff ,,by ,,order 7illegible signature7 ,colonel1 ,,gsc ,distribution3 ,high ,command ,army ,group ,b ,high ,command ,army ,group ,g ,armored ,group ,command ,west ,mil4 ,cmdr4 in ,france ,armed ,forces ,commander in ,belgium and northern ,france ,for ,information3 ,commander in ,chief ,west_/,ic ,intelligence ,ia,t 7,draft7 ,,partial ,,translation ,,of ,,document ,,nokw-#ccgaac ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,of #f ,,march #aidd ,,ss ,,major3 unidentified ,i have already discussed with ,lt4 ,col4 ,diesing our requirements according to our construction plan in the immediate program4 ,from tomorrow #e1jjj prisoners will be in readiness to carry out this measure4 ,for that we need #gej guard personnel4 99 99 99 99 99 ,,field ,,marshal ,,milch3 ,we must distribute our ,german people as key personnel4 ,that is1 out of three construction companies we can probably make ten complete ones by introducing #gj percent foreigners4 ,,ss ,,major3 ,they must be skilled workers4 ,in handling the prisoners1 it appears best that we should give #e to #aj of them to one man who knows his job4 ,,saur3 ,the construction companies will be dissolved to provide key personnel for teams #aj times or even #ajj times their size4 ,that is a question which must be clarified by #aj a4m4 tomorrow between the ,plenipotentiary ,general for ,construction and the air force construction units on one side and ,kammler's construction staff on the other4 ,that will be clarified by tomorrow and he then must say what he needs4 ,the ,todt ,organization must take part in the discussion1 but ,i cannot consent to the inclusion of the ,todt ,organization in the matter as a third leading organization1 as we would get confused4 ,the ,todt ,organization must bleed with the rest4 ,it is the same as your construction companies4 ,it is the donor but he is the organizer and usufructuary4 ,he is by all means the usufructuary4 ,for besides being organizer1 he is the usufructuary for the construction sites of the ,plenipotentiary ,general for ,construction4 ,,ss ,,major3 ,therefore it is important that these construction companies should be under military leadership6 ,,field ,,marshal ,,milch3 99 99 99 ,we further appealed to the ,fuehrer that we should get the #fd miners who are in ,berchtesgaden1 as the work there will probably soon be finished4 ,he made the suggestion that we1 like the ,,ss1 should also train miners in the greater degree and mentioned the figure of #aj1jjj who would have to be trained one after another because they could not all be trained at once4 ,,saur3 ,the ,,ss should be told that the training of miners should rest entirely with them because the ,,ss runs the best mining school4 ,,field ,,marshal ,,milch3 ,we must also ask the ,,ss to get more miners from ,italy and ,slovakia4 ,,saur3 99 99 99 ,we must bring more order into the ,,pw base camps ,stalags4 ,we have made a proposal that the ,,pw base camps should be transferred to the ,,ss4 ,the ,italians and eastern peoples should be treated more roughly4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cchaad ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on ,,friday1 #ag ,,march #aidd 99 99 99 99 99 ,,stobbe-,,dethleffsen3 99 99 99 ,we already count on #ajj1jjj men for the tasks of the ,jaegerstab4 ,to transfer them would mean breaking into the rest of the armament economy to an unheard-of degree4 7,,saur3 #ajj1jjj without ,kammler67 ,including the labor we give ,kammler but not including the concentration camp people4 ,,saur3 ,right from the beginning we realized that #bjj1jjj men would be transferred4 ,,stobbe-,,dethleffsen3 ,i have just spoken to ,prinzel about it4 ,it is absolutely necessary that the few ,german key personnel at our disposal should be taken with the concentration camp inmates or with the other subjugated people in such a proportion as will guarantee the best use of this valuable ,german strength 99 99 994 99 99 99 99 99 ,,stobbe-,,dethleffsen3 ,i am always getting demands for ,german labor4 ,for example3 ,here are #e1jjj concentration camp inmates1 give me #a1jjj ,german workers4 ,i do not fulfill these requests in this proportion2 otherwise my ,german labor would soon come to an end4 ,we have filled only a fraction of the positions4 ,i distribute ,german workers only in the ratio of #a3aj4 99 99 99 99 99 ,,milch3 ,the air force stresses the importance of getting the whole cave for the purposes of manufacture4 99 99 99 ,,porsche3 99 99 99 ,i shall talk to ,weiss again about our getting more concentration camp people for finishing off the work4 7,,diesing3 ,we probably shall not get them47 ,i'll get them from the ,reich ,leader4 ,i already have #c1ejj4 ,two of ,obergruppenfuehrer ,pohl's men are going to ,france to prepare everything locally with regard to housing and feeding4 99 99 99 99 99 ,,nobel3 ,can one be responsible for foreigners working as airfield control personnel8 ,the repair works say3 yes6 7,,milch3 ,not as pilots67 ,i do not think that is intended4 ,the repair works said yesterday that it would be a help to them if foreigners could be used as airfield control personnel4 99 99 99 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cdf ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,under ,,chairmanship ,,of ,,field ,,marshal ,,milch ,,on ,,monday1 #bj ,,march #aidd 99 99 99 99 99 ,,saur3 99 99 99 ,as far as ,hungary is concerned1 ,i should be grateful if the ,field ,marshal would call up ,mr4 ,sauckel and tell him that the whole group mobilized in ,hungary should be primarily at the disposal of the ,jaegerstab4 ,large construction of entrenchments columns ,schanz ,kolonnen must be formed4 ,the people have to be treated like prisoners4 ,otherwise it won't work4 99 99 99 99 99 ,,saur3 ,where are the #ed1jjj ,czechs8 ,,mahnke3 ,of the #eh1jjj ,czechs1 #ag1jjj have been earmarked for ,czechoslovakia4 #ca1jjj are intended for the ,reich1 and after that #bf1jjj have been divided among the special commissions ,sonderausschusse4 #ca1jjj were for power units4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#chh ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,of #bh ,,march #aidd 99 99 99 99 99 ,,nobel3 ,the labor situation in the repair sector is very unsatisfactory4 ,of the #b1jjj people promised me before from the ,action ,sauckel1 not one has yet arrived4 ,there is no point in saying that people should apply to the armament department ,ruestungskommando4 ,the armament departments and inspectorates ,ruestungskommandos and ,inspektionen have not got anybody4 ,if these men are not roped in by higher authority1 the repair workshops cannot get any labor4 ,my people are not in a position to stop production because we have not received any men since #aa ,march4 ,,member ,,of ,,the ,,jaegerstab3 ,i brought this matter up yesterday with ,ministerialdirigent ,dr4 ,timm of the office of the ,plenipotentiary ,general for ,labor ,allocation1 and told him that we handed in our request on #ag ,march1 but had not yet received any laborers4 ,he could not tell me anything but will let us know today4 ,i will ask ,schmelter1 who is coming to this meeting later1 to follow up the matter4 ,,milch3 ,tell ,schmelter1 that if ,i can help in any way by calling ,sauckel1 etc41 he should let me know4 99 99 99 99 99 ,,schmelter3 ,i have received such high demands1 for instance today over #c1jjj1 tomorrow over #e1jjj1 and the day after1 again over #d1jjj1 that it cannot possibly be that the labor is really needed1 or else the firms do not understand the program4 ,what has been received from you1 ,mr4 ,lange1 has been passed on4 ,it is also to be expected that these laborers will come within the next #aj-ad days4 ,i have arranged with ,sauckel that ,i shall give out red tickets for the most urgent demands1 first of all a consignment of #aj1jjj4 ,that will do to begin with4 ,these red tickets will have priority1 even over other red tickets4 ,of course1 that will cause difficulties over skilled workers4 ,when we have a picture of the number of skilled workers we need1 we must decide from which branch of manufacture we can remove them1 for ,sauckel does not have so many skilled workers4 ,those who have already arrived are1 for the most part1 from the ,east4 ,that is still the most prolific source4 ,very few come from the ,west and they are slowly starting to come from ,italy4 ,there are comparatively few skilled workers among them4 ,so we must decide what factories are to be closed or restricted and where we shall take away the skilled workers4 ,i can only let you have details in a few days when ,i have a complete picture of requirements4 ,,nobel3 ,if ,i must speed up repair work in a limited time1 ,i need the labor at once4 ,since #af ,march not one of the #b1jjj people that ,sauckel was going to send has arrived4 ,that is already two weeks ago4 ,they tell me that if they have to deliver #ej machines they must have #fj people today or tomorrow4 ,but that won't work because ,i have not got the people4 ,i have always said--you will not get skilled workers4 ,they answer--then give us others4 ,if we do not fulfill these demands1 their confidence in the ,jaegerstab will be undermined4 ,this morning ,i shall get material from ,hansen ,company in ,muenster4 ,the labor office there is not yet clear about the set-up of the ,jaegerstab and the priority of the fighter program4 ,it is the result of the bureaucracy of the authorities4 ,my men have to argue with the authorities and thereby lose valuable time4 ,,schmelter3 ,it is now customary1 if one fails to produce something to put the blame on the labor office4 ,i remind you of the ,messerschmitt affair4 7,,milch3 ,that is not so in all cases47 ,assuredly6 ,the gentlemen were with me on ,saturday4 ,they had got back #ej tool makers from the army into the bargain1 which they had had in the meantime1 and said nothing about4 ,first1 they could not employ them1 secondly1 they did not need them1 and thirdly1 they got them elsewhere4 ,furthermore ,sauckel puts the people at the disposal of the repair department4 ,it was immediately reported that the labor offices worked too slowly4 ,,milch3 ,you will make things easier for yourselves if you build up gradually a small reserve of a few hundred people1 at first #ejj which you can later raise to #b1jjj so that you can cover immediately any need that arises4 ,then our work will gain the respect of others4 ,at the moment it is like this--either we must transfer people and leave a gap where it is less vital1 or wait until the people are brought in by ,sauckel4 ,when one sees the figures that ,sauckel has produced and ascertains what the armament industry has received1 the comparison is ridiculous4 ,,schmelter3 ,a letter is on the way from the minister to ,mr4 ,sauckel4 ,during the first three months ,sauckel has brought in between #cjj1jjj and #djj1jjj people1 but not even a miserable #ff1jjj red tickets could be honored4 ,,milch3 ,i personally cannot get over it6 ,take the help away from the housewives6 ,in the past year #hjj1jjj domestic servants have been negotiated and we are fighting for #b1jjj men6 ,,schmelter3 ,in one year the demand for female domestic servants in ,germany has risen by #bjj1jjj1 the demands of the armament industry during the same period by #fjj4 ,i have arranged that transports that come from abroad are directed straight to the points of greatest need4 ,,milch3 ,every week #b1jjj people come from the ,east4 7,,schmelter3 ,most of them go into agriculture47 ,the ,jaegerstab has priority over agriculture4 ,can you not intercept them8 ,,schmelter3 ,i have arranged that4 ,the #b1jjj are disposed of2 some of them are already at work4 ,but it does not always happen that the reports of the firms are #ajj percent correct4 ,we have often checked that up4 ,it often happens that firms take the people and put them into another branch of production but still shout for people for the high priority processes4 7,,nobel3 ,that is not the case in my repair industry67 ,,frydag3 ,yesterday1 ,i was in ,wiener-,neustadt4 ,the works have a considerable assignment and a hefty increase4 ,merely in order to get out of the room unscathed ,i gave them #bjj men from the airframes industry4 ,,schmelter3 ,in ,wiener ,neustadt there was a demand for #a1jjj or #a1ejj4 ,a thousand were supposed to come from ,air ,fleet #b in ,italy4 ,an engineer official1 ,weidinger1 was going to produce them4 ,on ,sunday ,i received a phone call to the effect that the engineer official could not produce them4 ,,frydag3 ,that is quite right4 ,but you must put yourself in the firm's place4 ,the firm must have these people4 ,,schmelter3 ,then ,i must see to it that ,i take them from somewhere else4 ,,milch3 ,you know our position4 ,we are convinced that you do everything you can4 ,but we must now commit a robbery4 ,we can no longer operate along legal lines4 7,,schmelter3 ,that is the only possibility47 ,there will be abuse but we must accept that4 ,,schmelter3 ,i shall go tomorrow to ,mr4 ,sauckel and tell him that he must give the fighter industry the next transport of workers from the ,east4 ,the proposal that the fighter industry should not give back the laborers it received who originally worked in agriculture has been turned down by ,sauckel4 ,i am commissioned to inform you of this4 ,,milch3 ,that is out of the question4 ,nothing shall go out of the fighter industry6 ,,schmelter3 ,i am commissioned to say that he must have this labor back again4 ,,milch3 ,later1 not now6 ,one more thing4 ,we must protect all the factories working for the fighter program4 ,we must say to them3 ,you must not give up people for anything whatsoever except on command of the ,jaegerstab4 ,none can touch you1 not even the local labor offices and the ministerial authorities2 requests for personnel must all be directed to the ,jaegerstab4 ,we must put that out clearly as an order4 7,,petri3 ,that is already in previous minutes47 ,,schmelter3 ,may ,i request that this order should be extended to the management and repair personnel of the electricity and gas works4 ,,milch3 ,i can only do it for the ,jaegerstab4 ,i am not doing it for the bomber and other branches either as we have only that special authority4 ,,schmelter3 ,i should like to ask that it should only be done for manufacture and not construction4 ,,milch3 ,agreed6 ,we must write a letter to ,keitel of the ,,okw and a letter to ,sauckel saying3 ,requests are to be made only directly to the ,jaegerstab4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ccdaae ,,prosecution ,,exhibit #ge ,,extract ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,of #be ,,april #aidd 99 99 99 99 99 page #bg ,,wegener3 ,i have a question for ,schmelter3 ,has the question of the transfer of western ,europeans been clarified8 ,,werner3 ,on this subject ,i can say that it is especially difficult for ,,bmw ,bavarian ,motor ,works1 because we can only transfer ,russians and concentration camp inmates1 and the guards for these are mainly ,belgians and ,french4 99 99 99 99 99 ,,wegener3 ,as far as ,i can remember1 #bjj key personnel are needed for ,markirch4 ,,milch3 ,perhaps that must be brought before the ,fuehrer again4 ,,schaaf3 ,saur came back and said there was no more to be said on this subject to the ,fuehrer4 ,,milch3 ,that is out of date now4 ,i have discussed with ,saur the fact that we cannot keep up this state of affairs4 ,saur is of my opinion4 ,it must be discussed once more with the ,fuehrer4 ,i can discuss it again with the ,reich ,marshal4 ,we shall do what we can1 but we cannot throw everything into confusion without due consideration4 ,how should we then manage to produce6 ,i am convinced that the ,fuehrer will agree as soon as we can put these people reasonably into barracks so that they do not come into contact with the population4 99 99 99 99 99 ,,schaede3 ,whenever ,french key personnel are brought to ,lorraine1 they run away without fail in a short time4 ,this one must tell the firm4 ,already they do not come back from leave4 ,,milch3 ,it will only work if we put these workers into barracks4 ,we cannot exactly treat them as prisoners4 ,it must appear otherwise1 but it must be so in practice4 99 99 99 99 99 ,,milch3 ,i am personally convinced after talking to the ,fuehrer that he will agree as soon as it is made reasonable4 ,the people should not be able to mingle with the population and to conspire4 ,nor should they be allowed to run around free1 so that they can cross the frontier every day4 ,both practices must be stopped4 99 99 99 99 99 ,,heyne3 ,i have two short points4 ,yesterday ,maehrisch-,truebau was removed from the program because the ,quartermaster ,general told me the previous night that it was possible to move in on the morning of #bh ,april4 ,the matter is already progressing4 ,last night ,i was called up again because the ,chief of ,prisoners of ,war ,affairs did not quite agree with the new accommodation in ,brunswick of the prisoners from ,maehrisch-,truebau for some reasons of security4 ,i should like to ask ,major ,kleber1 who was also yesterday announced as ,mr4 ,saur's liaison officer with the ,,okw1 to exert some pressure here4 ,apart from that1 ,general ,schmidt said that there were also some fighter units and suchlike in the barracks2 that he could not move out as quickly as that2 he would not take orders2 otherwise he would go to the ,reich ,marshal4 ,,milch3 ,i am of the opinion that that must be done at once4 ,it's all the same to me if individual people do object4 ,protest does not interest me at all1 whether from the ,chief of ,prisoners of ,war ,affairs or from our side4 ,kleber1 would you be so good as to take care of this8 ,,kleber3 ,as far as prisoners of war are concerned ,i can take care of it1 but not where it concerns the air force4 ,that must be handled separately4 ,,milch3 ,naturally4 ,this matter must be handled by us4 ,there was in fact1 another proposal but we do not want it4 ,otherwise someone else will come complaining4 ,,kleber3 ,i should like to transfer the prisoners further off to ,brunswick4 ,,milch3 ,i think it is an excellent idea for the prisoners to go there if ,brunswick continues to be attacked4 99 99 99 99 99 ,,saur3 ,i must come back again to the question of western ,european workers4 ,make an energetic attempt to make a compromise within the factories4 ,i think it will work out4 ,i do not think the ,fuehrer will give in even if we put the ,french into barracks4 ,he has spoken so firmly and for reasons which ,i cannot but recognize4 ,i am all the more thankful that permission has been given for the ,protectorate4 ,i am going to see ,state ,minister ,frank on ,friday and ,i shall discuss with him the whole question of dispersal in the ,protectorate4 ,i shall like ,schmelter to accompany me to ,prague on ,friday to discuss the question of transfer of workers4 ,,milch3 ,i said before that we wanted to carry out the transfer within the factories4 ,then if something is left over1 we should have to approach the ,fuehrer again1 but only on condition that they are in barracks and that there are replacements for them4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cfb ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,jaegerstab ,,conference ,,on ,,the ,,occasion ,,of ,,the #e,,th ,,trip ,,of ,,the 8,,hubertus ,,undertaking01 #b ,,and #c ,,may #aidd 99 99 99 99 99 ,page #fe ,,milch3 99 99 99 ,i also ask that every time the civilian population is attacked ,translator's note3 by low-flying aircraft1 in private cars1 on rail roads1 etc41 the local offices make reports accordingly4 ,the ,fuehrer has ordered extremely severe measures against these enemy crews who harass the civilian population4 ,there is not the slightest military necessity for this and the ,fuehrer intends absolutely to act according to the ,japanese pattern4 7,enthusiastic applause67 ,we must only take cases individually so that we have the necessary material and can produce it4 ,we owe that to our boys who are prisoners over there1 who will be held as hostages unless we have proper proof4 99 99 99 99 99 ,page #aaj ,,schnauder3 99 99 99 #a4 ,at the ,heinkel factory at ,barth there are #c1cjj workers1 consisting of #cjj ,germans and #c1jjj concentration camp inmates4 ,of the #c1jjj concentration camp inmates1 #a1ejj are men4 ,in order to maintain their working capacity it is necessary to evacuate these men too during daylight air attacks4 ,however1 there are not enough guards and sometimes there is a deficit of as many as #bj4 ,as guards cannot be drawn from any other source1 it has been decided that the factory is to arm as guards certain men from its own ranks to guard the concentration camp inmates4 99 99 99 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cij ,,prosecution ,,exhibit #ge ,,extract ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,of #d ,,may #aidd 99 99 99 99 99 ,,saur3 #ab4 ,can the arrival of the reported #ej1jjj ,italians be relied on8 ,by what date will the first transport arrive8 ,this wording is1 frankly1 unintelligible4 ,it was quite clear that the #ej1jjj ,italians were coming so that the transport facilities were guaranteed long ago4 ,how did such a report get into the minutes of #ad ,april8 7,comment3 ,the camps into which these people are to go don't even exist yet67 ,we shan't get any further like this6 ,inform ,mr4 ,schmelter4 ,,field ,,marshal ,,milch3 ,are they coming via ,sauckel8 ,,saur3 ,no4 ,this is our own undertaking4 ,pueckel has clarified various doubtful points with ,nagel and got ready a large number of vehicles and now all that comes to nothing4 ,schmelter must report on it tomorrow1 not in the sense of whether it can be done1 but that this and that must be done1 and by such and such means4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ddbaaf ,,prosecution ,,exhibit #ge ,,extract ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on #e ,,may #aidd 99 99 99 99 99 ,,schmelter3 ,then the transport of the ,italians4 #ej1jjj ,italians have not yet been transported4 ,it was due to the fact that the escort for the transport has not yet been appointed4 ,the conversation yesterday with the ,plenipotentiary in ,milan proved that the transport should leave today for this place ,woerl 787 sic where further distribution will be undertaken4 ,i booked another call this morning but did not get through4 ,i hope to be able to give more details tomorrow4 ,,milch3 ,has a proper reception center been set up in ,woerl8 7,,schmelter3 ,yes47 ,is it assured that the number of those leaving is in reasonable proportion to those arriving8 99 99 993 sic ,that shall be4 ,a man has been appointed by ,schmelter to travel down there especially and control directly the conscription of civilians4 ,,milch3 ,is there someone at the ,escort ,detachment ,headquarters in ,italy responsible for seeing that people do not get out and run away during the journey8 99 99 99 sic ,that is what the escorting personnel is there for4 7,,milch3 ,someone of standing87 ,dr4 ,wendt is responsible for the whole undertaking4 ,,milch3 ,i am of the opinion that1 if anyone jumps out1 he should be shot2 otherwise a thousand will get on and only twenty will arrive there4 ,the ,gendarmerie and all military posts must look out for those who abscond on the journey4 ,they will be arrested at once and will appear before a court martial4 7,end of meeting #abbe hours74 ,,partial ,,translation ,,of ,,document ,,nokw-#cfa ,,prosecution ,,exhibit #ge ,,extract ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,during ,,the #f,,th ,,journey ,,of ,,the 8,,hubertus ,,undertaking0 ,,from #h-aj ,,may #aidd 99 99 99 99 99 ,,gabel3 ,we must have #a1jjj underground workers at once4 ,,saur3 ,definitely4 ,,bornitz3 ,the ,erzberg ore mine has1 furthermore1 a loss of from #a1djj to #a1ejj men per annum due to climatic conditions4 ,it goes up as high as #a1ejj meters4 ,,saur3 ,do you give the men up systematically1 and to whom8 ,,bornitz3 ,not systematically4 ,they collapse1 report sick1 and the foreigners do not come back4 ,some escape too1 as in the mountain country it is not possible to seal everything hermetically4 7,comment3 ,a year ago the labor potential of a large concentration camp was thoroughly gone into4 ,that possibility must not be entirely disregarded74 ,,gabel3 ,careful6 ,concentration camp internees are not strong enough to be able to work underground4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ccfaag ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on #bf ,,may #aidd 99 99 99 99 99 ,page #ca-cb ,,reich ,,minister ,,speer3 ,with regard to construction it is important that we should not start more building than we can supply labor and equipment for4 ,equipment is of secondary importance4 ,we must not continue with the mistakes we found in the air force armament industry when we took over1 i4e41 the beginning of no end of buildings for which1 at that time1 only #bj to #cj percent of the necessary labor was available4 ,,saur3 ,that is the case now unfortunately4 ,we have at least #c times as many buildings under construction as we have labor available4 ,,reich ,,minister ,,speer3 ,what is the news about the ,hungarian ,jews8 ,,kammler3 ,they are on the way4 ,at the end of the month the first transports will arrive for surface work on the surface bunkers4 99 99 99 99 99 ,page #cc ,,schlempp3 99 99 99 ,dorsch said yesterday that he wanted to bring #ajj1jjj ,jews from ,hungary1 #ej1jjj ,italians1 #aj1jjj men from bomb damage repair1 also #a1jjj from ,waldbroehl 787 sic2 then he wanted to get something from ,greiser's zone by negotiation1 then #d1jjj ,italian officers1 #aj1jjj men from ,south ,russia and #bj1jjj from ,north ,russia4 ,that would be #bbj1jjj altogether4 ,,reich ,,minister ,,speer3 ,we have often made such calculations2 but the people never came4 99 99 99 99 99 ,page #cd ,,kammler3 ,for all these measures ,translator's note3 ,a and ,b construction measures which were the responsibility of the ,,ss1 ,i must take in #ej1jjj more people in protective custody ,schutzhaeftlinge4 99 99 99 99 99 ,page #dc ,,reich ,,minister ,,speer3 ,we shall carry out a special operation ,sondereinsatz of our own in order to build up reserves of manpower ,schwerpunkte4 ,it will bring in #ij1jjj men in three installments of #cj1jjj4 99 99 99 99 99 ,it will be experts who are called up4 ,and it would be a good thing if one linked up with it the conscription of tool makers within the firms so that one would have a body of tool makers in the armament industry4 ,these people would get leave from this group and would function as armed forces employees4 ,if we make them armed forces employees we have the advantage of being independent of ,sauckel's offices4 99 99 99 99 99 ,page #hj ,,field ,,marshal ,,milch3 ,how long do the ,italian ,,pw's actually work here8 ,,schmelter3 ,as long as the factory works4 ,there is a regulation that ,,pw's must work so long4 ,,field ,,marshal ,,milch3 ,could you not look into this8 ,you can see people on the streets about #d or #e o'clock and nobody after that4 7,,schmelter3 ,i can look into it67 ,i do not believe that any ,italian prisoner of war works #gb hours4 99 99 99 99 99 ,page #ha ,,schmelter3 99 99 99 ,dorsch will accompany me to ,greiser to try and get #bj to #cj thousand men out of him4 ,,reich ,,minister ,,speer3 ,kammler had his doubts about that before4 ,,representative ,,of ,,kammler3 ,he didn't think the #ajj1jjj ,jews would come4 ,,schmelter3 ,to that ,i can add the following4 ,till now two transports have arrived at the ,,ss camp ,auschwitz4 ,for fighter construction we were offered only children1 women1 and old men with whom very little can be done4 99 99 99 ,unless the next transports bring men of an age fit for work the whole action will not have much success4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cei ,,prosecution ,,exhibit #ge ,,extracts ,,from ,,transcript ,,of ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on #bg ,,june #aidd 99 99 99 99 99 ,page #bg ,,schmelter3 ,i have another small point to bring up4 ,i said once before that we had fairly large numbers of ,english and ,american 8,terror ,flyers0 in air force camps1 who cannot be used4 ,it is a matter1 in all1 of about #ag1jjj people1 approximately half officers and ,,nco's who do not need to work4 ,that means that there are #f to #i thousand men in camps who just sit about doing nothing4 ,the suggestion that they should be put to work has now been turned down on the grounds that it concerns especially intelligent people trained in collecting information and1 apart from that1 inclined to acts of sabotage4 ,,saur3 ,can we put them into the manufacture of component parts8 ,,lange3 ,perhaps we can employ them in underground factories4 ,,saur3 ,we could employ them in the manufacture of component parts4 ,who is responsible for this matter8 ,,krause3 ,the ,commission for ,prisoners of ,war2 it comes under the ,quartermaster ,general4 ,,saur3 ,will you undertake to put this matter in order8 ,these people must be put at the disposal of the component parts industry4 ,that would be an unbelievable help to us4 ,,schmelter3 ,it must be laid down that these people all go into fighter production or into the component parts industry4 ,otherwise a part will be sent off elsewhere4 ,the people in question are excellent people1 good material4 99 99 99 99 99 ,page #ca ,,schmelter3 ,i have a few more points4 ,up till now #ab1jjj female concentration camp internees1 ,jewesses1 have been demanded4 ,the matter is now in order4 ,the ,,ss has agreed to deliver these ,hungarian ,jewesses in batches of #ejj4 ,thus the smaller firms1 too1 will be in a position to employ these concentration camp ,jewesses better4 ,i request that these people should be ordered in batches of #ejj4 ,,mahnke3 ,how many are still there8 ,,schmelter3 ,there are still enough there4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#cbj ,,prosecution ,,exhibit #gc ,,extract ,,from ,,interrogation ,,of ,,karl ,,otto ,,saur ,,on #ac ,,november #aidf1 ,,concerning ,,the ,,use ,,of ,,concentration ,,camp ,,prisoners ,,in ,,jaegerstab ,,construction ,q4 ,were special factories built after the creation of the ,jaegerstab8 ,a4 ,all building of factories above the ground was stopped1 and subterranean factories were built4 ,we divided approximately #cj factories into #gjj individual workshops to avoid offering targets for attacks4 ,q4 ,what kind of workers were used for this construction8 ,a4 ,the construction was divided into three parts3 the two ,kammler parts1 7a7 new construction underground1 and 7b7 expansion underground1 and the ,todt ,organization part4 ,q4 ,this expansion program was directed by ,kammler1#aah then8 ,a4 ,parts 7a7 and 7b7 were directed quite independently by ,kammler4 ,he had full authority from ,goering as of #d ,march #aidd and was then made a member of the ,jaegerstab4 99 99 99 ,the whole affair was carried out by ,kammler alone4 ,q4 ,and the workers who were used for this purpose were concentration camp prisoners8 ,a4 ,to my knowledge1 they must have been concentration camp prisoners4 ,,translation ,,of ,,document ,,nokw-#bff ,,prosecution ,,exhibit #gf ,,affidavit ,,of ,,fritz ,,schmelter1 #ai ,,november #aidf1 ,,concerning ,,the ,,organization ,,of ,,the ,,jaegerstab ,i1 ,fritz ,schmelter1 swear1 testify1 and state3 #a4 ,that1 since about ,january #aidd until ,april #aide1 ,i held1 in the end1 the office of ,ministerialdirigent in the ,ministry for ,armament and ,war ,production 7,ministry ,speer72 that as ,ministerialdirigent ,i was in charge of the ,division for ,labor ,assignment1 and from ,december #aidd until ,april #aide of the ,central ,department for ,labor ,assignment and ,labor ,output1 and that1 as a holder of these positions ,i was also a member of the ,jaegerstab4 #b4 ,that ,milch and ,speer together were in charge of the ,jaegerstab2 that ,saur was the ,chief of ,staff and was1 in this capacity1 the immediate subordinate of ,milch and ,speer4 #c4 ,that during its existence the ,jaegerstab met almost every day and that these meetings were presided over in most cases by ,milch1 in the beginning1 and later on by ,saur2 that ,speer was very rarely present and only on special occasions2 that these meetings took place1 first1 in the ,reich ,air ,ministry and after this was destroyed in the barrack at ,tempelhof4 #d4 ,that in the meetings of the ,jaegerstab the supply of labor for the ,luftwaffe was discussed2 that1 for the ,jaegerstab1 the labor requirements necessary to the industry of the ,luftwaffe were discussed with the ,plenipotentiary for ,labor ,allocation 7,ministry ,sauckel72 that ,sauckel satisfied these requirements as far as possible2 that the ,chief of ,staff1 in the ,jaegerstab1 ,saur occasionally also distributed the available labor to the different ,luftwaffe plants4 #e4 ,that in the year of #aidd the air raids made it necessary to decentralize many of the plants of the ,luftwaffe2 that this decentralization was ordered by the ,jaegerstab2 that many factories of the ,luftwaffe were transferred into subterranean buildings and that for the completion of these subterranean buildings concentration camp inmates and ,jews were also used2 that the whole building program of the ,jaegerstab was established and controlled by this ,jaegerstab itself4 #f4 ,that the above facts are personally known to me2 that these facts are known to me on account of the position ,i held and the responsibility it gave me in the ,jaegerstab and in the ,ministry ,speer4 ,i have read the above statement which consists of two pages in ,german1 and ,i state that this is the full truth1 to the best of my knowledge and belief4 ,i have had the opportunity to make changes and corrections in the above statements4 ,i have given this testimony voluntarily1 without any promise of reward and without being1 in any way1 forced or threatened4 ,nuernberg1 #ai ,november #aidf4 ,signed ,,dr4 ,,fritz ,,schmelter ,,translation ,,of ,,speer ,,exhibit #cdaai ,,defense ,,exhibit #ag ,,order ,,of ,,hitler1 #ba ,,april #aidd1 ,,delegating ,,to ,,dorsch ,,authority ,,for ,,jaegerstab ,,constructions#abj ,copy ,the ,fuehrer ,fuehrer's ,headquarters #ba ,april #aidd ,to the ,reich ,minister for ,armament and ,war ,production and ,head of the ,todt ,organization1 ,reich ,minister ,speer ,berlin ,w #h ,i delegate ,ministerialdirektor ,dorsch1 ,chief of the ,todt ,central ,office1 to carry out the erection of the six fighter production buildings ordered by me1 while retaining his other functions in your sphere of work4 ,you are to be responsible for taking care of all the prerequisites necessary for the speedy erection of these buildings4 ,you are particularly to effect the best possible coordination with the other war-essential buildings1 if necessary referring to me for a decision4 ,signed ,,adolf ,,hitler ,,partial ,,translation ,,of ,,document ,,nokw-#ccgaba ,,defense ,,exhibit #ab ,,excerpts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on #f ,,march #aidd ,,in ,,the ,,reich ,,air ,,ministry#abb 99 99 99 99 99 ,,saur3 ,i see a great many unknown faces and ,i do not know what business all these gentlemen have here4 ,i suggest that a check be made at the door and that the showing of passes be mandatory4 ,otherwise there is danger that other people may sneak in here4 ,i demand therefore a stricter control under all circumstances4 ,furthermore ,i would ask that gentlemen remain at meetings only as long and no longer as their business makes it necessary4 ,i would therefore request that each gentleman report his presence and state whether he has any matters of general interest4 ,these things could then be taken up first and that would settle that and the man could leave4 ,we only want one gentleman for one subject1 not a whole bunch of them4 99 99 99 99 99 ,,saur3 ,does the term 8construction company0#abc exist at all8 ,i think it does not exist4 ,,diesing3 ,we have construction companies with the ,luftwaffe1 among them masons1 slaters1 window fitters1 etc4 ,that is how we arrived at the term 8construction company04 ,we cannot again withdraw the six construction companies which we have taken from ,berlin4 ,for each building site we need approximately #ajj skilled people1 this on the basis of a fixed distribution key and we do not know where to get them4 99 99 99 99 99 ,,milch3 ,now we come to the question of foreign exchange4 ,here the ,fuehrer has announced his consent that the requests of the ,slovaks to purchase antiaircraft guns1 etc41 be complied with4 ,saur has reported orally how many antiaircraft guns have actually been finished and how far we have exceeded the program4 ,this is a good and acceptable method for us4 ,we have furthermore approached the ,fuehrer in order to obtain the #fd miners1 at present employed at ,berchtesgaden1 since the work there should soon be finished4 ,he said that we1 like the ,,ss1 should train miners on a larger scale too1 and named the figure of #aj1jjj to be trained in successive shifts because one cannot train them all at the same time4 ,,saur3 ,the gentlemen of the ,,ss should be told of this1 that the entire training of miners is supposed to be done by the ,,ss because the ,,ss has the best school for that4 ,,milch3 ,furthermore we must ask the ,,ss to get hold of further miners from ,italy and ,slovakia4 ,,saur3 ,barowski 787 sic must know that6 ,this question must be cleared up at once1 today1 in order to agree on the selection with the ,,ss4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cchabd ,,defense ,,exhibit #ac ,,excerpts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,presided ,,over ,,by ,,field ,,marshal ,,milch ,,on ,,friday1 #ag ,,march #aidd1 #aajj ,,hours1 ,,in ,,the ,,reich ,,air ,,ministry#abe 99 99 99 99 99 ,page #ac ,,stobbe-,,dethleffsen3#abf ,probably you have not understood me quite correctly4 ,when ,i asked this question1 ,i did not have in mind the projects of #fjj1jjj and #hjj1jjj square meters1 7,,saur3 ,but ,i did67 but the original #fj1jjj square meter works4 ,i now ask3 shall these #fj1jjj square meter works now be simply cancelled in consideration of the big works1 and are they no longer to be taken into consideration8 ,this seems hazardous to me because we must make the following distinction4 ,the construction capacity of underground works in mountains and caves is entirely different from the one to be reckoned with at such concrete works4 ,it is available for concrete works and consequently it should be used4 ,it was not as if we had to go into caves or worm ourselves into the mountain4 ,the question of the big works is a very difficult one for us from the point of view of capacity4 ,it alone requires another #be1jjj workers4 ,we reckon already now #ajj1jjj men for the tasks of the ,jaegerstab4 ,to switch to some other work would constitute an inroad of unheard of proportions into the remaining armament economy4#abg 7,,saur3 #ajj1jjj without ,kammler67 ,including the manpower we give ,kammler1 but without the people from concentration camps6 99 99 99 99 99 ,,milch3 ,we have been ordered to carry out these two construction projects by the ,fuehrer4 ,if ,i now take a higher compression ratio and thus attain much higher figures1 even this higher figure would not prevent us from having to deal with further shifting afterwards1 besides concrete works and cave works1 smaller caves1 tunnels1 etc4 ,it is now doubtless correct to ascertain3 7#a7 ,what has to be constructed1 7#b7 for whom it has to be constructed1 7#c7 where it has to be constructed4 ,we have to distribute it in such a way that we can efficiently cope with manpower and all the other questions1 power1 transportation1 etc4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#cfe ,,defense ,,exhibit #ae ,,extract ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference1 #ab ,,april #aidd ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,presided ,,over ,,by ,,hauptdienstleiter ,,saur1 ,,later ,,on ,,presided ,,over ,,by ,,field ,,marshal ,,milch1 ,,on ,,wednesday1 #ab ,,april #aidd1 #aj ,o',,clock ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,saur3 ,please tell this to ,schmelter4 ,we are in an incredible situation as a result of lack of manpower4 ,here we are in the middle of the month already1 and the #aj1jjj people allocated to us according to red slips have not arrived yet4 ,a way must be found to assure priority for red-slip matters over all other allocations4 ,tell ,herr ,schmelter to contact ,gauleiter ,sauckel today4 ,going further than that1 the discontinuation1 transfer1 or concentration of every other type of production must be brought about by us at once4 ,,schaaf3 ,the #d1jjj people from ,kahla6 ,,lange3 ,schmelter's people complain particularly because they have no means of making pressure demands to ,sauckel which will also be complied with4 ,,saur3 ,field ,marshal1 the best thing would be for you to approach ,sauckel yourself since he is the man in charge of labor allocation4 ,,milch3 ,i shall tell him that the #aj1jjj red slips were not honored4 ,,balcke3 ,on that ,i can report that the requests were sent out on the #eth and that on the #aath they had not yet reached the labor offices4 ,the way is long1 it is true4 ,therefore it is not yet possible for the people to be employed4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ccdabh ,,defense ,,exhibit #af ,,extracts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference1 #be ,,april #aidd ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,of #be ,,april #aidd1 #aj ,o',,clock ,,in ,,the ,,reich ,,air ,,ministry ,,presided ,,over ,,by ,,field ,,marshal ,,milch ,herr ,saur does not appear until towards the end of the meeting4 99 99 99 99 99 ,,wegener3 ,i have a question for ,schmelter3 ,has the question of the transfer of west ,european workers been settled8 ,,werner3 ,on this ,i can say that especially for the ,bavarian ,motor ,works matters are particularly difficult because we can transfer only ,russians and concentration camp inmates1 and the staff used for supervision consists mostly of ,belgians and ,frenchmen4 99 99 99 99 99 ,,kreutz3 ,mueller declared at one time--and he believed he could do it--that he would try and shift a part of the head personnel within the concern4 ,,schaede3 ,if you bring the ,french key personnel to ,lorraine1 ,i can guarantee you that they would run away within the shortest possible time4 ,that must be told to the firm4 ,even now they do not return from their vacation4 ,,milch3 ,it will work only if we place these people into barracks4 ,it is true we cannot treat them as prisoners of war2 the outward appearance must be different1 but in actual practice that is just what it must be4 ,,schaede3 ,i merely wanted to suggest to the firms to take along as few ,french people as possible so that they would not lose them altogether1 and rather follow the system of ,mueller4 ,,milch3 ,exactly4 ,and if then there are still some left one can say that this will be limited in terms of time1 perhaps to several months1 and that in return certain advantages will be granted to them because they will be subject to certain deprivation of their freedom4 99 99 99 99 99 ,,milch3 ,as early as today at noon1 we may face the situation that ,bavarian ,motor ,works at ,allach is completely destroyed and that we have to get out4 ,then we cannot deal with things such as #bjj or #cjj ,french people who cannot come to ,lorraine4 ,that must be explained to the ,fuehrer once more4 ,otherwise1 ,i see no possibility for carrying through our assignment4 ,personally1 ,i am firmly convinced--after the conversations with the ,fuehrer--that he will then consent provided it is done in a sensible way4 ,the people must not sit together with the population and they must not be able to conspire4 ,nor should they have sufficient freedom of movement to be able to pass the green border line4 ,both of these things must be prevented4 ,in compensation for these restrictions we can1 on the other hand1 give these people something and make them happy--be it even only cigarettes4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ddbabi ,,defense ,,exhibit #ba ,,extract ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference1 #e ,,may #aidd ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on ,,friday1 #e ,,may #aidd1 #aj ,o',,clock ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,schmelter3 ,i was supposed to report on the employment of labor in the penal institutions4#acj ,the ,minister of ,justice has not yet forwarded the complete list of workers available in the penal institutions4 ,i have made another inquiry4 ,dr4 ,schmelter 787 sic has appointed ,attorney ,karl as special official in charge4 ,he is the liaison to the ,reich ,ministry of ,justice4 99 99 99 ,,heyne3 ,such conversations have taken place4 ,they do not get us anywhere4 ,the thing we need is a listing of all localities showing how large a number of prisoners are yet available there4 ,then we must see whether they are required there4 ,herr ,schmelter planned to concentrate the skilled workers in those spots4 ,there are only #b-c percent skilled workers in all among all prisoners4 ,that is too little4 ,,milch3 ,i suggest you are going to submit to me today a letter to ,thierack1 to wit3 ,taking into consideration the extraordinary urgency of the work in connection with the ,jaegerstab we need this assistance4 ,we have failed for a long time unfortunately to obtain the compilation from the authorities concerned4 ,we need such and such data4 ,i ask him to concern himself personally with the matter and to let us have the material in the very near future4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#ccfaca ,,defense ,,exhibit #bc ,,excerpts ,,from ,,the ,,stenographic ,,minutes ,,of ,,the ,,jaegerstab ,,conference ,,on ,,friday1 #bf ,,may #aidd1 ,,at #aj ,o',,clock 99 99 99 99 99 7,minister ,speer and ,field ,marshal ,milch entering47 ,,milch3 ,i welcome our ,minister ,speer for the first time in the circle of the ,jaegerstab1 and would like to express my special happiness and at the same time yours1 that you1 dear ,speer1 are again with us1 well1 cheerful1 and in the old creative spirit4 ,this machinery1 created by your orders1 accomplished excellent things in the three months of its existence4 ,it has made special efforts to bring the production of fighters and all that goes with them to a high level4 99 99 99 99 99 ,,schmelter3 ,the reports of the board of examiners show that a larger number could be deducted from the plants belonging to the ,luftwaffe if one succeeds in establishing joint direction for the department of plane construction1 the technical plant groups and companies4 ,up to now they exist separately under three different commands and leaderships1 and that would make it possible to deduct more workers4 ,the board of examiners thinks that hundreds of laborers could be deducted if a single command would be established4 ,this must be done by ,field ,marshal ,milch4 ,,milch3 ,the ,quartermaster ,general to whom all are subordinate6 ,no one is subordinate to me4 99 99 99 99 99 7,,schmelter3 ,probably they will work in plants where people do not work for #gb hours47 ,isn't it possible--to avoid injustice toward our workers--to have our other plants work too1 not all of them for #gb hours1 but perhaps up to #fd hours8 ,that should suffice if all would do it4 ,,schmelter3 ,i prepared already for the conference of the chiefs of the various offices the suggestion that working hours in civilian production should be increased4 ,there are still many production plants working only #dh hours4 ,,milch3 ,then one can equalize and we need not work all the time for #gb hours4 99 99 99 99 99 ,,extracts ,,of ,,testimony ,,of ,,defense ,,witness ,,fritz ,,schmelter#acb ,,direct ,,examination ,tr4 pp4 #gag-gcd ,,dr4 ,,bergold3 ,witness1 will you give us your first name and your last name8 ,,witness ,,schmelter3 ,fritz ,schmelter4 ,q4 ,when were you born8 ,a4 ,on the first of ,march #aijd4 ,q4 ,what was your position at the end of the war8 ,a4 ,at the end of the war1 ,i was ,central ,department ,manager at the ,ministry of ,armament4 99 99 99 99 99 ,q4 ,thank you4 ,witness1 when and in what position did you have to do official business with the defendant8 ,a4 ,i had some dealings with him on official business after #aidd when ,i became ,chief of the ,amtsgruppeneinsatz in the ,ministry of ,armament4 ,i saw him again after the ,jaegerstab was formed1 that is1 after ,march #aidd4 ,q4 ,in your position in the ,ministry of ,armament1 did you have anything to do with the ,central ,planning ,board8 ,a4 ,i had something to do with them insofar as the chief of staff of the armament office was concerned4 ,he was my chief4 ,i had to write down the necessary figures concerning labor assignments when ,i accompanied him to certain sessions of the ,central ,planning ,board as assistant4 ,q4 ,what month was that1 approximately8 ,a4 ,as far as ,i can remember the first session in which ,i participated was in ,february or ,march #aidd4 ,i did not always participate in these sessions1 only in a few of them when ,i accompanied the man ,i mentioned before4 ,q4 ,did the sessions of ,february and ,march #aidd deal with labor assignments8 ,a4 ,yes4 ,q4 ,during these conferences1 were they trying to clear the numbers or the figures which were announced by ,sauckel8 ,a4 ,in one of the conferences ,i remember they wanted to make ,sauckel a proposal concerning the distribution of labor he wanted to provide4 ,i remember that the ,central ,planning ,board had a written proposal submitted to him concerning requests about labor assignments4 ,sauckel said that he would acknowledge this proposal but would take care of the distribution personally4 ,q4 ,did they1 during these sessions1 try to find out whether the numbers and figures ,sauckel reported were correct8 ,if he mentioned figures which were too high1 did they speak about those matters in this conference8 ,a4 ,i do not remember that day4 ,but ,i know that in various conferences the question of reliability of the figures played a great part4 ,there was always a difference between the figures ,sauckel reported and those ,speer reported4 ,q4 ,did this apply to figures which ,sauckel mentioned as having already been brought in or did it apply to figures on labor still to come8 ,a4 ,that applied particularly to the numbers of laborers who had already been brought4 ,it was not possible to try to control the number of laborers wanted because it was only something that was being planned1 nothing else4 ,q4 ,that is correct1 but from previous experiences1 weren't they in a position to find out that ,sauckel's promises were not being kept8 ,a4 ,at the time they doubted that the figures which ,sauckel reported could ever be brought in4 99 99 99 99 99 ,q4 ,is it correct that in your position1 as a member of the ,speer ministry1 or in your capacity as a member of the ,todt ,organization1 you very often participated in the staff meetings of ,sauckel8 ,a4 ,every month ,sauckel would call such a staff meeting where representatives of the most important labor assignment ministries took part4 ,i almost always participated in those meetings4 ,q4 ,what other ministries apart from the ,ministry of ,armaments participated in those conferences8 ,a4 ,the ,air ,ministry1 the ,,okw1 the ,ministry of ,economics1 the ,agricultural ,ministry1 and ,i do not think ,i can remember anything further4 99 99 99 99 99 ,q4 ,did the defendant ,milch ever participate in those sessions8 ,a4 ,no4 ,those were conferences in which the experts of the ministries took part2 not the leaders and not their representatives1 either4 ,q4 ,who was the chief of the ,air ,ministry8 ,a4 ,goering4 ,q4 ,at these staff conferences1 did ,sauckel ever make any statements saying he brought the laborers voluntarily to the ,reich8 ,a4 ,i remember that ,sauckel repeatedly said approximately the following3 8,they say that ,i am forcing laborers to come to ,germany4 ,once somebody said ,i went to foreign countries with a lasso and caught people and brought them over to ,germany4 ,they said ,i forced them to come to ,germany40 ,furthermore1 he said3 8,i declare all those things are not true4 ,the laborers are brought to ,germany by me on the basis of contracts with other governments1 as far as there are governments in those occupied territories1 or on the orders of the local military commanders or other local ,german agencies40 ,he asked us to tell our superiors his opinion on that question4 99 99 99 99 99 ,q4 ,is it known to you that there was an agreement with the ,french ,government according to which one prisoner of war would be released to ,france for two laborers4 ,a4 ,yes4 ,q4 ,is it known to you that the ,french workers during their activity in ,germany got leave once in a while8 ,a4 ,yes4 ,q4 ,a leave to ,france8 ,a4 ,yes4 ,q4 ,did they ever return from their leave or did they just stay there8 ,a4 ,the greater part came back from their leave2 quite a number did not come back4 ,part of the laborers who went on leave did not come back4 ,some of them came back4 ,q4 ,was that the larger part that came back or the smaller part8 ,a4 ,i did not hear any figures concerning that4 ,as far as ,i know the greatest of them came back4 ,according to the factory manager1 the larger part always came back1 but of course ,i have no exact figures4 99 99 99 99 99 ,q4 ,witness1 you then joined the ,jaegerstab4 ,do you know anything about the creation of the ,jaegerstab8 ,a4 ,approximately on the first of ,march1 ,i do not remember the exact date1 ,i was asked by my chief of staff to go to the ,air ,ministry where ,milch and ,mr4 ,saur were present4 ,he said the air armament was so badly damaged by the air raids that there had to be a fighter program4 ,for that purpose a staff needed to be developed to hold daily conferences which would be necessary in order to increase the fighter production or at least bring it to the same level that it used to be4 ,a number of gentlemen from air as well as from the armament industry were designated to participate in these sessions and to report to their offices what had taken place and put orders into effect4 ,as a representative of the ,armament ,ministry1 ,i was assigned to labor assignment4 ,later on ,i heard that this ,jaegerstab was under the management of ,speer and ,milch and that ,saur was the manager of the ,jaegerstab4 ,later on there were conferences almost daily1 first at the ,air ,ministry and later on at a barracks at the ,tempelhof1 near ,berlin4 ,they dealt1 first of all1 with the production of the fighters and with all the questions in connection with the fighters and also with labor assignment4 ,q4 ,who directed these conferences8 ,a4 ,at the beginning ,milch participated almost regularly in those sessions and he was the one that actually led or presided over the conferences2 formally1 that is1 ,mr4 ,saur was the speaker most of the time4 ,mr4 ,speer very seldom1 according to my recollection perhaps three of four times1 participated in those sessions1 which on those particular days were transferred to the ,armament ,ministry4 ,q4 ,you just said that ,milch at the beginning had the formal leadership4 ,from what time on did that cease8 ,a4 ,after the transfer into the ,armament ,ministry1 or rather1 into the ,caserne at ,tempelhof--,i don't remember the date--,milch did not participate as regularly as he did before4 ,at those conferences1 after the transfer of the fighter staff into the ,armament ,ministry1 he only participated once or never4 99 99 99 99 99 ,q4 ,witness1 concerning the conferences of the staff1 there were always verbatim records taken4 ,is that known to you8 ,a4 ,yes4 ,q4 ,apart from those minutes1 were any other minutes taken8 ,a4 ,yes4 ,an extract of the verbatim record--,i want to call it a 8result record0--was compiled and these records were sent to all of the offices which were interested in those conferences4 ,those verbatim records which were taken down by stenographers during the session1 according to my knowledge1 were sent only to ,mr4 ,speer1 and of course they remained with both ,saur and ,milch4 ,in other words1 very few copies were made4 ,q4 ,were these verbatim records ever controlled8 ,a4 ,no1 ,i don't think so4 ,i don't believe that the large records were read or checked by someone else4 ,q4 ,can one say then that the decisions of the ,jaegerstab were contained in the records8 ,a4 ,not only the decisions but also the more important deliberations that took place4 ,however1 when decisions were made1 then they were included in the result records4 ,q4 ,during these conferences did it ever occur that the participants were not always present8 ,a4 ,that happened very often because the sessions lasted for a long time and it happened many times that ,i1 for instance1 was called out and ordered to take care of my business1 at least by telephone1 and the members of the ,jaegerstab themselves did not always participate in the conferences1 but later on--that is1 from ,may on--they had representatives or deputies replace them4 ,q4 ,did those sessions often result in individual discussions8 ,a4 ,that happened once in a while1 particularly when technical questions were discussed where very few experts could say something4 ,q4 ,i shall now proceed to the labor assignment within the ,jaegerstab4 ,how did the ,jaegerstab deal with questions of labor assignment8 ,a4 ,along with all the production discussions of other programs1 labor assignment questions were discussed at the sessions of the ,jaegerstab4 ,i had the task1 concerning these labor assignment questions1 to pass them through my office chief and so far as the tasks ,i had with the ,jaegerstab overlapped my other duties and tasks with other organizations2 in other words1 if you want to know exactly or if you want to have a detailed description of what my tasks were in general-- ,q4 ,i want to know what you had to do with the labor assignment of the ,jaegerstab and what was your main task there2 otherwise1 we will be here about an hour or so4 ,a4 ,among other things1 we had the task1 on the basis of the reports of the various factories which came over the ,armament ,inspectorates to me1 to write up a proposal how those red slips were to be distributed on each individual production4 ,in the ,jaegerstab1 ,i also had the task to distribute those red slips in such a way that the most important factories would get the necessary number of red slips4 ,the red slips were orders to the labor assignment offices or agencies of ,speer2 in other words1 to the ,armament ,inspectorates and to the armament commandos1 and were given from ,sauckel to his labor assignment agencies which were to provide preferentially the necessary amount of workers on the basis of those red slips4 ,i furthermore had the task to take care of transfers of laborers who already were in the armament industry by giving respective orders to my agency and requesting ,sauckel to carry out the transfer4 ,since in the fighter production1 the question1 in the first place1 concerned skilled workers only2 transfers of this kind were carried out4 ,skilled workers were no longer assigned to us by ,sauckel in #aidd4 ,my main activity1 therefore1 concerned transfers from one of the industries to the other1 and as regards the ,jaegerstab1 in transfers from the destroyed bomber factories or from other aircraft types to the fighter factories which were working full time4 ,i finally had the task to deal with deliveries of armament to the ,wehrmacht soldiers and ,i had to take care of those4 ,in #aidd1 through several actions1 many laborers were withdrawn from the armament industry and delivered to the army4 ,that concerned particularly skilled workers4 ,it was my task then1 together with those responsible for the production1 to take care of the distribution in such a manner that the armament industry be hampered as little as possible in their production4 ,q4 ,is it known to you that ,milch tried to see to it that no one from the fighter factories had to go to the ,wehrmacht8 ,a4 ,yes1 from all the factories1 and particularly from the fighter factories1 they tried to send as few laborers as possible to the army4 ,at the beginning1 in the early days of the ,jaegerstab--in other words1 in the months of ,march and ,april1 approximately--we tried to relieve the fighter program from delivering laborers to the ,wehrmacht4 ,later on1 this was very difficult4 ,i know1 however1 that ,milch tried his very best to give as few people as possible to the ,wehrmacht from ,jaegerstab production1 that is1 of the ,jaegerstab factories4 ,q4 ,witness1 you just said that1 concerning the request for assignment of workers1 you made suggestions to ,sauckel4 ,in these meetings there is a statement by ,saur that says1 8,we take care of the labor assignment40 ,what is correct now8 ,did you just request them or did the ,jaegerstab actually take care of the assignment8 ,a4 ,the ,jaegerstab was not able to give orders to offices which did not belong to the ,speer ,ministry or to the ,air ,ministry4 ,in ,jaegerstab1 very often ,saur and perhaps ,milch--,i can't remember1 concerning ,milch--used such words4 ,in reality1 however1 it was quite different4 ,i appeared at ,sauckel's and ,i was ordered to tell him about the creation of the ,jaegerstab and its importance concerning the fighter production1 with the request that when labor was distributed1 the ,jaegerstab production should be considered in first place4 ,an order to ,sauckel was never given by me and ,i am sure that ,sauckel would certainly not have followed my request1 particularly as he always and repeatedly stressed the point that he was independent and was responsible only to the leader of the ,four ,year ,plan and ,hitler4 ,q4 ,when ,saur made such a statement1 8,we take care of the labor assignment10 why do you think he said that8 ,a4 ,well1 once in a while such strong words were used4 ,i never took this statement very seriously and ,i didn't react to it because ,i knew exactly that nothing would happen afterwards1 and nothing really happened4 ,i was sure that the labor assignment should have been taken care of by the ,jaegerstab1 but it was impossible to take care of that for one single production4 ,everyone who had something to do with labor assignment could understand that4 ,q4 ,witness1 you just spoke concerning boasting remarks4 ,is it known to you that ,milch often used such strongly exaggerated boasting remarks during these meetings8 ,a4 ,i don't remember single statements made by ,milch but ,i am sure that they occurred4 ,what ,i wanted to say now is that it appeared to me that ,milch very often1 particularly concerning the industry and his own generals1 wanted to boast in order to play the strong man4 ,i believe1 however1 that these statements did not always make the impression he wished to create4 ,q4 ,do you mean to say that they were not taken seriously8 ,a4 ,well1 not quite seriously1 anyway4 ,q4 ,were you present during the conference of the ,jaegerstab where ,milch made a long speech to the air force engineers and the quartermaster chiefs8 ,a4 ,i was there part of the time4 ,i remember now4 ,that was the session which took place in the ,air ,ministry--there were #ajj people there at the time1 and ,i have to remind you of the fact that ,i wasn't present during all those conferences4 99 99 99 99 99 ,q4 ,witness1 the prosecution introduced a document during the trial where ,goering gives ,himmler a fighter group in exchange for the use of concentration camp inmates which were put at the disposal of the air force armament4 ,do you know anything about that8 ,a4 ,what fighter group do you mean8 ,q4 ,i mean a squadron--a whole squadron was placed at the disposal of the ,,ss1 and ,goering wanted to have concentration camp inmates from the ,,ss4 ,do you remember anything about that8 ,it was on the #aeth of ,february #aidd4 ,a4 ,i can't remember that exactly4 ,goering1 that is the ,luftwaffe1 put a great number of soldiers at his disposal for immediate production4 ,they got their leave4 ,but if there ever was such an exchange of concentration camp inmates1 ,i do not know today anymore4 ,it could be possible2 however1 ,i can't tell for sure4 ,q4 ,witness1 is it known to you that in the ,jaegerstab they were often transferred from the construction sector of the ,plenipotentiary for chemistry8 ,a4 ,no4 ,in any case1 ,i don't know that this was done to a considerable extent4 ,it is possible that it also was said during my presence that the ,plenipotentiary for chemical industry had too many workers in the construction sector and a few of them had to be transferred2 lots of complaints were made4 ,however1 ,i can't remember anything concrete4 ,q4 ,witness1 can you remember that ,milch tried to be able to free certain engineers from ,hitler who were working in ,berchtesgaden8 ,a4 ,i believe ,i can remember that4 ,the question of engineers was discussed very often because this was a big bottleneck in the construction sector4 ,i remember also that1 concerning the construction works in ,berchtesgaden1 it was discussed in this connection and that one hoped to be able to get not only engineers but other skilled workers from the construction works carried out in ,berchtesgaden for ,hitler4 99 99 99 99 99 ,q4 ,witness1 is it known to you that the use of concentration camp inmates was carried out in closed groups8 ,a4 ,yes1 as far as the ,,ss used concentration camp inmates1 outside of their own factories1 this was obviously only done in larger groups of about #ejj to #a1jjj4 ,q4 ,is it possible that during constructions a few miners or engineers were concentration camp inmates8 ,a4 ,when the rest of the workers were not concentration camp inmates1 then1 according to the regulations of the ,,ss1 personally1 ,i don't believe that there were certain concentration camp inmates in there1 and ,i don't know of any such cases4 ,i know that the ,,ss always required that the concentration camp inmates be taken in large numbers and that they should be assigned in groups and billeted in groups4 ,q4 ,in other words1 is it possible that the ,,ss also used people of their own as miners1 apart from those concentration camp inmates8 ,a4 ,i couldn't tell you1 because ,i did not know the situation with the ,,ss4 ,however1 that is possible4 99 99 99 99 99 ,q4 ,the question was3 ,if the ,,ss ever used miners from their own ranks and if they trained them8 ,a4 ,no4 ,i don't know anything about that either4 ,q4 ,do you know if the ,,ss had a miners' school8 ,a4 ,no4 ,i don't know that either4 ,i never heard of any miners' school4 ,the miners learned by experience4 99 99 99 99 99 ,tr4 pp4 #gdc-gei ,q4 ,what do you know about labor utilization of ,english and ,american prisoners of war8 ,that is to say1 ,americans and ,british who were captured in ,germany8 ,a4 ,in #aidd1 that is to say1 in my time1 no new prisoners of war were used because we didn't capture any more4 ,so far as ,i know1 ,british and ,american prisoners of war were not used in armament factories4 ,repeatedly1 proposals in this direction were made also in the case of noncoms and officers4 ,in the case of officers--it was ,polish officers1 if ,i recall1 no change in the regulations was made1 so far as ,i recall4 ,instructions were transmitted to the ,,okw1 but ,i do not know if anything came of them4 ,q4 ,i come now to your two sworn affidavits of #ai ,november #aidf2 ,prosecution ,exhibit #gf is a sworn affidavit of yours of that date4 ,,nokw-#bff1 dated #ai ,november1 99 99 994 99 99 99 99 99 ,q4 ,did you know that in #aidd1 in order to protect the aircraft industry1 underground and protected factories were built8 ,a4 ,yes4 ,q4 ,you know who gave the original order for this8 ,a4 ,so far as ,i know1 the order for this relocation of industries in subterranean plants was given by the ,jaegerstab itself4 ,i was not competent in this matter1 but naturally ,i took part in the discussion of the ,jaegerstab and heard it there4 ,i heard that it was decided that a bombed-out factory should be relocated to a different place which the ,jaegerstab would determine4 ,q4 ,that's no answer to my question4 ,witness1 ,i asked3 ,who gave the original order for the construction of these subterranean factories8 ,do you know that8 ,a4 ,if ,i may repeat2 you want to know who ordered in the first place that these plants should be transferred to subterranean factories8 ,that ,i do not know4 ,q4 ,do you know ,herr ,kammler8 ,a4 ,yes4 ,q4 ,do you know from whom he received the order to construct these special subterranean factories8 ,a4 ,here again ,i do not know precisely who gave him the original order4 ,in any event1 at the first beginning of the ,jaegerstab1 ,kammler became a member and was commissioned to undertake the construction of subterranean buildings for ,jaegerstab protection4 ,the ,jaegerstab pointed out to him individual objectives and he reported from time to time how many square meters were now ready4 ,but who first originally gave these orders to ,kammler1 whether it was ,himmler or ,hitler or some agreement or something like that1 ,i don't know4 ,q4 ,was ,kammler commissioned into the ,jaegerstab because of an order of ,himmler or because of some special order elsewhere8 ,a4 ,i am not able to say4 ,i assume that ,himmler also gave him an order4 ,the individual orders1 what he was to build1 he received from the ,jaegerstab4 99 99 99 99 99 ,q4 ,did ,kammler1 within the ,jaegerstab1 represent ,himmler8 ,a4 ,i do not know his powers or his functions and ,i cannot say4 ,he was in the construction sector4 ,that ,i know1 but ,himmler had charge of more things than construction4 99 99 99 99 99 ,,presiding ,,judge ,,toms3 ,will you try to answer these questions as simply and briefly as you can8 ,were ,russian prisoners of war used in the armament industry8 ,,witness ,,schmelter3 ,in the armaments plant ,russian prisoners of war were also employed4 ,at what they were employed1 ,i do not know1 since they were already there when ,i came and ,i did not myself inspect the plants4 ,q4 ,did you ever see ,russian prisoners of war either manufacturing or transporting munitions of war8 ,a4 ,in plants and in transports8 ,no4 ,neither in plants nor in transports did ,i see ,russian prisoners of war4 ,q4 ,that question is perfectly clear and you understand it8 ,a4 ,i shall repeat it4 ,i was asked whether these prisoners of war worked--whether ,i saw them in plants or in transport4 ,q4 ,that's right4 ,a4 ,and ,i answered in the negative4 ,q4 ,were ,russian prisoners of war used in the decentralization of the ,luftwaffe after the heavy bombings8 ,a4 ,not that ,i know of4 ,so far as ,i know1 after the heavy bombings ,russian prisoners of war were no longer available4 ,they had already been assigned elsewhere4 ,i do know that after the heavy bombings1 that is1 in the year #aidd1 new ,russian prisoners of war were not used in armaments or in the bombed out factories4 ,it is1 of course1 possible that the local labor offices used ,russian prisoners of war for this purpose1 but we in the central offices knew nothing of this4 ,q4 ,will you answer the same questions as to ,polish prisoners of war8 ,a4 ,so far as ,i know1 ,polish prisoners of war consisted solely of officers4 ,only officers were available4 ,the others had been freed4 ,the officers1 however1 in contradiction to many wishes that were expressed1 were not used4 ,at least if they were1 ,i know nothing of it4 ,q4 ,will you answer the same questions as to ,hungarian ,jews8 ,a4 ,hungarian ,jews1 among other things1 were used in the construction of fighters--fighter planes4 ,female ,hungarian ,jews were also used in the actual construction of fighter planes4 ,q4 ,were they voluntary workers8 ,a4 ,no4 ,those were inmates of concentration camps1 prisoners at the disposal of the ,,ss4 ,q4 ,so the ,hungarian ,jews who were employed in the manufacture of fighter planes were forced to work in that connection8 ,a4 ,the ,hungarian ,jews1 so far as ,i recall1 were offered by the ,,ss to be employed in armament production4 ,at first there were #a1jjj of them or #ejj who were employed4 ,then a number of plants said that they wanted such workers and they were then allotted by the ,,ss to these plants and there they were obliged to work4 ,q4 ,then the ,,ss1 which was one branch of the ,german military establishment simply dealt out the ,hungarian ,jews to anybody who needed them8 ,a4 ,no4 ,the ,hungarian ,jews1 like all concentration camp inmates1 were housed in camps that were either in or near the plants and which were constructed by the ,,ss4 ,they were then taken to work every day1 and after the work they were again brought back by the ,,ss to the camps4 ,also1 the supervision of the work1 for security reasons1 was carried out by the ,,ss4 ,so far as the technical side of it was concerned1 it was carried out by the representatives of the plant4 ,q4 ,of course you don't claim they were paid for their work8 ,a4 ,that ,i do not know4 ,i only know the general regulations concerning concentration camp prisoners1 and ,i know them in part4 ,i know that these prisoners1 at least toward the end1 also received some sort of wages4 ,what the payment was1 ,i do not know4 ,i do know that the plant had to give the ,,ss a certain amount for each prisoner1 but what the prisoner himself received1 ,i do not know4 ,q4 ,do you know whether these ,hungarian ,jews worked through any contract with a foreign government1 as was the case in ,france8 ,a4 ,let me repeat the question whether ,hungarian ,jews worked on the basis of an agreement with a foreign power--foreign government4 ,was that the question8 ,q4 ,yes4 ,a4 ,not that ,i know of4 ,q4 ,i have no other questions4 ,one more question please4 ,you said that you know that ,russian prisoners of war were working in the armament factories but you didn't know what kind of work they were doing4 ,a4 ,yes4 ,q4 ,did you ever see them in any of the factories8 ,a4 ,no4 ,q4 ,what do you think they were doing8 ,a4 ,i guess some of them were engaged in construction4 ,so far as skilled workers were concerned they were certainly working at tasks that they were qualified to do4 ,so far as they were unskilled workers they might have been doing almost anything4 ,q4 ,if they were working in munitions factories they were doing something to manufacture munitions1 were they not8 ,a4 ,if they worked in munitions factories then they must1 of course1 have had something to do with manufacturing munitions4 ,even if they only worked in the courtyard1 or something like that1 they still had something to do with the manufacture of munitions4 99 99 99 99 99 ,,judge ,,phillips3 ,witness1 did you ever know of any prisoners of war1 especially ,russians1 being used to man antiaircraft guns8 ,a4 ,in the construction or in the use of the antiaircraft8 ,q4 ,in the use of antiaircraft4 ,a4 ,yes1 ,i have heard of that4 ,i heard that ,russian prisoners of war were used to man antiaircraft guns of that sort4 ,q4 ,do you have any idea how many were used for that purpose8 ,a4 ,no1 ,i don't4 ,q4 ,did you ever see them being used for that purpose8 ,a4 ,no4 ,q4 ,on what fronts were they used8 ,a4 ,i believe they were used on the home front1 not on the actual battle front1 but that is simply my opinion4 ,q4 ,against ,american planes1 ,british planes1 and ,russian planes8 ,a4 ,they shot at whatever planes were over ,germany4 99 99 99 99 99 ,,dr4 ,,bergold3 ,witness1 you spoke of female ,jews4 ,when were these female ,jews employed8 ,a4 ,i do not know the precise date4 ,it was the summer of #aidd4 ,in my estimation1 it must have been ,may4 ,q4 ,let me show you ,document ,,nokw-#cei1 ,prosecution ,exhibit #ge4 ,it is the next to the last document of the prosecution1 ,stenographic ,minutes of the ,jaegerstab ,meeting of #bg ,june #aidd4 ,you said3 8,i have a few more points4 ,up until now #ab1jjj female concentration camp internees1 ,jewesses1 have been demanded4 ,the matter is now in order4 ,the ,,ss has agreed to deliver these ,hungarian ,jewesses in batches of #ejj4 ,thus the smaller firms1 too1 will be in a better position to employ these concentration camp ,jewesses4 ,i request that these people should be ordered in batches of #ejj40 ,is this the point from when onward these females were used8 ,a4 ,yes4 ,it must have been about this time4 ,the difficulty was the following3 ,the ,,ss demanded that the females should be delivered in batches of thousands only4 ,most factories could not use such a large number of females4 ,consequently1 the ,,ss was asked if it could not deliver them in smaller groups4 ,that is the reason4 ,q4 ,witness1 is there a difference between the concept of 8,ruestungsfabrik01 which means armament factory1 and 8,munitionsfabrik01 which means a munitions factory8 ,is there a difference in ,germany8 ,a4 8,ruestungsfabrik0 took care of all sorts of armament production1 materials1 finishing up the deliveries and so on and so forth4 8,munitionsfabrik0 is the narrower concept and contents itself with the manufacture of munitions only4 ,q4 ,did the 8,munitionsfabrik0 belong inside the concept of 8,luftruestung01 air armament8 ,a4 ,so far as the 8,luftruestung0 is concerned1 they did1 yes4 ,the limitation of these concepts was not1 however1 uniform4 ,unfortunately1 we had very few uniform concepts4 ,they were often misused4 ,q4 ,were factories that made sheet metal and so on1 armament factories8 ,did they fall under the concept of armaments8 ,a4 ,they did1 yes4 ,,dr4 ,,bergold3 ,thank you4 99 99 99 99 99 ,,cross-,,examination ,,mr4 ,,denney3 ,in one of these interrogations1 on #cj ,december #aidf1 you were asked what the ,jaegerstab did to bring workers from ,hungary into ,germany2 do you recall that8 ,a4 ,yes4 ,q4 ,and do you recall that you made reference to certain trips of the ,jaegerstab to ,hungary8 ,a4 ,yes4 ,q4 ,you made this statement3 8,the ,jaegerstab1 during its existence1 made at least a total of #aj to #ab trips08 ,a4 ,yes4 99 99 99 99 99 ,q4 ,all right4 ,you were asked this question3 8,who was in charge of these trips80 ,and your answer was3 8,so far as ,i remember1 it was ,milch4 ,milch participated in most trips of the ,jaegerstab40 ,a4 ,in most of them1 yes4 ,q4 ,in the same interrogation on #cj ,december1 the record indicates that you made this statement3 8,i know about #ajj1jjj workers from ,hungary2 however1 these were ,jews who were allocated to construction4 ,i know nothing about #h1jjj workers who evidently were skilled workers1 intended for the fighter production program40 ,a4 ,yes4 ,q4 ,you were then asked3 8,is it known to you that these #ajj1jjj ,jews were used by ,todt in the interests of the ,jaegerstab80 and you made the following answer3 8,yes1 that is known to me40 ,a4 ,yes4 ,q4 ,you were interrogated on #bd ,january and asked this question3 8,do you know whether the ,luftwaffe1 in the ,luftwaffe industry1 used concentration camp prisoners1 not in the building program1 but for production80 and your answer was3 8,i don't know4 ,i don't think so1 except for women4 ,the ,,ss once offered us a lot of women4 ,the difficulty was that1 at first1 at least #a1jjj and later #ejj were to be employed4 ,various firms got women after that1 and ,i think that ,heinkel1 in ,oranienburg1 used concentration camp prisoners1 not only women1 but all the inmates40 ,a4 ,yes4 ,q4 ,the answer was yes1 if your ,honor please4 ,and ,heinkel was an airplane factory1 was it not1 producing the ,heinkel plane8 ,a4 ,yes4 ,q4 ,on ,november #ae1 of last year1 you were asked if you knew that ,himmler used concentration camp inmates for the underground buildings of the ,jaegerstab1 and your answer3 8,yes4 ,you mean the finished buildings1 do you not80 ,and then you were asked3 8,the underground ones1 the completion of the existing caverns or tunnels1 or the like1 where concentration camp inmates were employed80 and your answer3 8,yes40 ,a4 ,yes4 ,q4 ,and you were also asked3 8,were these constructions built in the interest of the ,luftwaffe80 ,your answer3 8,these new constructions8 ,yes40 ,a4 ,yes4 ,q4 ,the next question3 8,exclusively in the interest of the ,luftwaffe8 ,and did the orders for the new constructions come from the ,jaegerstab80 ,answer3 8,whether other constructions were also built there8 ,probably1 yes40 ,question3 8,i am only interested in the ,luftwaffe40 ,answer3 8,also for the ,luftwaffe4 ,i do not know whether for others4 ,i would not like to pin myself down40 ,a4 ,yes4 ,q4 ,later you were asked3 8,do you know that prisoners of war were at all employed in air armament80 and you stated3 8,yes1 ,i should like to say1 the armament plants4 ,the air armament also employed prisoners of war in its plants40 ,a4 ,yes4 99 99 99 99 99 ,q4 ,in reply to a question3 8,what was ,field ,marshal ,milch's position in the ,jaegerstab80 you stated1 8,there were two chairmen in the ,jaegerstab1 ,speer and ,milch4 ,in the first session1 or rather in most of the sessions1 ,milch participated personally2 ,speer did not4 ,speer was present only in exceptional cases4 ,in his position1 ,saur1 who was at the same time manager1 initiated the contact with the rest of the armament industry4 ,milch was ,chief of the ,jaegerstab1 besides ,speer40 ,a4 ,yes4 ,q4 ,in the same interrogation of #ae ,november you made the following statement3 8,assignment of labor was involved in every question including every question of production40 ,a4 ,yes4 ,q4 ,on #bf ,november you made the following statement when you were interrogated3 8,mobilization of manpower as a matter which is closely connected with production was very much discussed4 ,everybody had a word to say1 had a request for something and they suggested or said ,i could do better1 etc40 ,a4 ,yes4 99 99 99 99 99 ,,redirect ,,examination ,,dr4 ,,bergold3 ,witness1 as to the trip to ,hungary1 were you present when the committee went to ,hungary8 ,a4 ,no1 ,i traveled only as far as ,prague and returned4 ,q4 ,do you know the purpose of this trip to ,hungary8 ,a4 ,not precisely4 ,i know that there was a question of production to take place in ,hungary1 but precise information ,i do not have4 ,q4 ,do you know that there was a definite contract with ,hungary8 ,a4 ,i heard about that subsequently4 ,q4 ,did you then hear that this trip had the purpose of bringing ,hungarian ,jews to ,germany8 ,a4 ,no4 ,q4 ,thank you4 ,the prosecutor spoke to you of #ajj1jjj ,jews4 ,did you know that these were to be used by ,mr4 ,dorsch8 ,a4 ,yes4 ,q4 ,and1 as far as the tasks that he had1 mainly for the construction of bombproof factories8 ,a4 ,yes4 ,q4 ,do you know whether the ,jaegerstab ordered these #ajj1jjj ,jews or whether somebody else did8 ,a4 ,the employment of these #ajj1jjj ,jews in this construction organization took place on ,hitler's orders4 ,i1 myself1 was not present at this discussion4 ,dorsch1 however1 was present and told me that ,hitler had ordered--had said ,himmler had #ajj1jjj ,jews for bombproof factories and was to make them available4 ,q4 ,do you know whether and in what number and when these ,jews arrived to carry out this construction work8 ,a4 ,i do not know precisely the dates4 ,it was in the summer of #aidd4 ,nor do ,i know whether all of them arrived4 ,once ,i concerned myself with the question regarding the guarding of these people4 ,at that time the ,,ss did not have enough guard personnel and ,hitler ordered ,keitel to provide #aj1jjj soldiers which were to be withdrawn from the eastern front and to make them available to the ,,ss so that they1 the ,,ss1 would have the necessary guard personnel4 ,thereafter1 ,i heard nothing further about the matter and assumed that the ,jews for the most part were employed4 ,i deduced this from the fact that ,i otherwise should have heard of it probably4 ,q4 ,i discussed just yesterday with you whether these buildings were ordered by the ,jaegerstab4 ,i do not need to return to that question4 ,were these constructions used exclusively by the ,jaegerstab or for other advantages1 such as armored cars8 ,a4 ,originally they were exclusively planned for fighter construction but ,i do recall that1 as time went on1 there were also discussions of using them for other manufacture1 for instance1 tanks1 and this construction was to take place in these buildings4 ,since1 however1 ,i had nothing to do with this professionally1 ,i can only report on this from hearsay4 ,in other words1 ,i know nothing precisely4 ,q4 ,the prosecutor quoted to you a statement of yours from an interrogation2 ,i shall ask you now did you make the statement in the interrogation that ,milch was responsible in air armament to seek out workers individually8 ,a4 ,i don't know how ,i should understand the word 8seek out02 if you mean that he went to foreign countries and searched for them personally1 then of course that is wrong4 ,i did state in that interrogation that during my activity in the ,jaegerstab in ,march #aidd no individual actions in foreign countries were carried out by ,milch or the ,jaegerstab4 ,the manpower was provided by ,sauckel exclusively1 or to the extent that they were prisoners by the ,,ss1 or prisoners of war by the ,wehrmacht4 ,q4 ,and then they were transferred1 as you said yesterday1 to other sectors8 ,a4 ,yes4 ,q4 ,you also said in this interrogation that in most of the meetings ,milch was present4 ,a4 ,at the beginning1 ,i said4 ,,dr4 ,,bergold3 ,i have no further questions4 ,,extracts ,,of ,,testimony ,,of ,,defense ,,witness ,,xaver ,,dorsch#acc ,,direct ,,examination ,tr4 p4 #acfa-acgi ,,dr4 ,,bergold3 ,please state to the ,court your first and last name8 ,,witness ,,dorsch3 ,xaver ,dorsch4 ,q4 ,when were you born8 ,a4 #bh ,december #ahii4 ,q4 ,what was your last position in the ,german ,reich8 ,a4 ,i was ,deputy ,chief of the ,todt ,organization1 in the ,speer ,ministry4 ,q4 ,on the #bhth of ,december #aidf you signed an affidavit8 ,a4 ,yes1 sir4 ,,dr4 ,,bergold3 ,your ,honor1 this is ,document ,,nokw-#ddg1 ,prosecution ,exhibit #gd4 ,q4 ,witness1 you made the following statement3 8,as deputy of ,minister ,speer in his capacity as ,chief of the ,todt ,organization1 ,i received from ,hitler1 at the end of ,april #aidd1 an order to construct with the ,todt ,organization six bombproof fighter factories1 of which two should have priority40 ,can you tell me about the history of this construction8 ,a4 ,yes1 but ,i must go into detail4 ,q4 ,proceed4 ,a4 ,approximately eight months before this date1 ,i made a suggestion to ,minister ,speer about how bombproof fighter factories above ground could be built1 in this way1 not only to secure manufacture1 but also so that they would be more secure against bomb damage while being built4 ,the source was that the ,todt ,organization in ,france was doing a similar construction job as a launching site for ,v-#b bombs4 ,speer told me that ,i should take the plans with me on my next visit to the ,fuehrer's ,headquarters1 and two weeks later ,i was with ,speer1 visiting ,hitler1 and after other matters had been discussed1 and before going1 ,speer mentioned this matter and ,hitler said3 8,we must absolutely achieve bombproof aircraft factories because there is danger that transportation might be attacked1 and then we cannot make up the time we have lost40 ,hitler wanted large-size1 big scale units1 in which planes and fighters could be protected from the beginning to the end1 because he saw a danger in the fact that transportation could be attacked and interrupted1 and then the different parts1 if they were made in various factories1 could not be assembled4 ,he said that he imagined the matter roughly as follows3 ,in narrow mountain valleys in ,saxonian ,switzerland1 for example1 caves could be dug which would provide these bombproof factory installations4 ,then ,speer said1 8,dorsch or the ,todt ,organization has another suggestion40 ,speer said that1 and ,i then submitted to him my plans for the special ,todt ,organization construction1 which1 as ,i said1 had already been built in ,france1 and ,i also pointed out to him that such factories1 even as they were being built1 were relatively safe against bomb attack4 ,this was roughly eight months before this date in ,april on which this commission of which ,i spoke in my affidavit was given to me4 ,hitler said to me that it was a matter of indifference to him according to what system these things were built1 but that it was important to him that something really serious should be done4 ,on the next day there was a discussion on the same theme with ,goering4 ,speer's representative ,dethleffsen1 as ,plenipotentiary for construction matters1 and the leader of the main committee for construction1 ,gaertner1 were present4 ,i had to explain again the thought behind this special construction which ,i was proposing4 ,goering was enthusiastic and said that that was the solution and that the ,todt ,organization should begin immediately with that construction4 ,thereupon ,speer said1 8,the ,todt ,organization cannot build these factories because it builds only outside the ,reich1 with the exception of the ,ruhr district1 and in the ,reich itself the ,main ,committee for ,construction should carry out the construction10 and for that reason1 he had called the two gentlemen ,i mentioned above4 ,goering also said that it was indifferent to him who built the factories1 that the important thing was that they should be built soon4 ,in ,april of #aidd1 ,i was visiting ,speer near ,meran when a call came that ,i should immediately go to ,hitler4 ,speer asked me if ,i had any idea what was afoot1 but ,i did not4 ,i immediately went to ,berchtesgaden4 ,there ,hitler asked me1 8,what has become of your fighter production80 ,i told him that ,i did not know precisely1 because in the ,reich the ,todt ,organization did not do the constructing but another organization4 ,he was greatly excited and said roughly1 that he had heard enough about this other organization1 that he did not want it1 and he demanded that the ,todt ,organization should take over that construction immediately4 ,then the plans were fetched overnight from ,berlin4 ,i explained the whole system to him once more4 ,i told him that ,i could only carry out this construction if it were given priority above all other construction as far as workers1 machines1 building materials1 trucks1 and so on--whatever is needed in construction--were concerned4 ,i was given assurances that that priority would be given me1 and ,i then took over this construction project4 ,i was able to assure myself that the ,hauptausschuss ,bau--the ,main ,committee for ,construction--which had been in charge before ,i took over had begun constructions at three locations4 ,on one of these we immediately stopped work1 because both architecturally and1 as the ,jaegerstab told me1 technically the factory was no good4 ,q4 ,witness1 you then said that the wish to build these bombproof fighter factories by the ,todt ,organization was communicated to you by the ,jaegerstab4 ,what do you know about that personally8 ,a4 ,i know the following3 ,the ,jaegerstab1 as far as the entire work of the ,plenipotentiary for construction was concerned1 was not satisfied with the work4 ,saur complained continuously about how work dragged on and asked me repeatedly to step in and do something4 ,he called me to his meetings in the ,jaegerstab and asked me to develop further plans4 ,i was called up continuously by other gentlemen4 ,i remember ,major ,dr4 ,krohmer1 who also asked me to step in1 and again and again ,i had to say that that would not do because1 ,i said the ,todt ,organization did not carry out construction in the ,reich4 ,i was pressed continuously by the ,jaegerstab1 because it was the organization that would benefit from these constructions4 ,q4 ,do you know whether ,milch went in that direction too1 or only ,saur8 ,a4 ,that ,i cannot say4 ,i did not speak about that to him myself4 ,i did speak with ,saur and a few other gentlemen--,i believe with ,schlempp who was later representative of the ,todt ,organization in the ,jaegerstab4 ,q4 ,when was that first pressure on the part of ,saur8 ,was that before ,march of #aidd8 ,a4 ,yes4 ,that was even earlier1 but ,i cannot say precisely4 ,it might have been in ,february even4 ,q4 ,do you know whether ,saur visited the ,fuehrer on this matter8 ,a4 ,i was not present1 but ,i assumed that it must have been so4 ,i cannot prove it1 however4 ,q4 ,so4 ,this afternoon you told me what you thought ,milch's function was in the ,jaegerstab4 ,you used a rather striking expression4 ,would you like to repeat it here8 ,a4 ,i called him 8the breakfast director04 ,i ask the defendant to pardon the expression4 ,he shouldn't hold it against me4 ,q4 ,what do you mean by this 8breakfast director08 ,a4 ,well1 it is sort of difficult for me to tell that4 ,q4 ,milch won't be angry4 ,a4 ,well1 ,i only saw him at a ,jaegerstab meeting once1 when he invited me and when he asked for the support of the ,todt ,organization4 ,he explained to me the general situation4 ,he told me what his worries and troubles were1 but the real work1 the whole functioning of the thing1 ,i don't believe he concerned himself with4 ,that is why ,i used the expression 8breakfast director10 but perhaps that was a little exaggerated4 ,q4 ,i quite understand4 ,after the end of ,april #aidd1 when you were commissioned with these construction matters1 what did you do8 ,a4 ,as ,i told ,hitler very exactly1 ,i took ,todt ,organization units from ,france and from the ,atlantic ,wall4 ,q4 ,how many were there8 ,a4 #b1jjj or #c1jjj--;,i cannot remember4 ,q4 ,your affidavit says #aj1jjj4 ,a4 ,no1 that is incorrect4 ,that cannot have been the number in ,france4 ,the second time that ,i went to the ,plenipotentiary ,general for chemistry1 ,prof4 ,krauch1 and told him of the serious situation1 and ,i finally brought him to the point of giving me #ae1jjj workers from his department4 ,q4 ,what workers were those8 ,a4 ,first of all1 in the ,baltic ,states--that was a ,todt ,organization itself--,i took away most of the ,german workers1 and took some elsewhere as additional workers1 engineers1 experts of one sort or another1 machinists4 ,then came the attack on ,leuna on the #ajth or #abth of ,may #aidd4 ,that was on the occasion of the first attack on ,leuna4 ,i had a talk with ,hitler at that time4 ,he said1 8,this cannot be tolerated--that1 at the very moment when we are so in need of oil1 workers are taken away from ,leuna04 ,i then answered him that1 first of all1 ,i had undertaken this measure before the air attack1 and secondly1 it was not a question of cutting down on oil production1 but of oil capacity4 ,hitler took over and said1 8,no1 that cannot be04 ,then ,speer said1 8,if we don't get the workers1 we can't do the building04 ,hitler said1 8,quiet down1 you will get #ej1jjj ,italians10 and then ,i said1 8,i don't believe that01 and ,i said that for the following reasons3 ,we1 the ,todt ,organization1 had such workers from ,italy for the construction program ,riese in ,silesia1 but we did not do this via ,sauckel but by applying to ,italian firms to take over construction commissions in ,germany1 and then they automatically brought their workers1 their directors and architects1 and so on1 with them particularly after we had assured them that we with our organization--that is to say1 with the ,todt ,organization in ,italy--would take care of paying wages1 paying for the hospitalization fees1 insurance1 and so on1 but at the moment when workers were fetched by ,sauckel1 ,i understood clearly that workers such as we needed would not be provided in any considerable numbers4 ,at any rate1 ,i told ,hitler1 8,i do not believe in these ,italian workers1 and ,i won't believe in them until they have crossed the ,brenner ,pass40 ,he then said to me1 8,you can believe in them because tomorrow ,mussolini is signing an agreement that #a1jjj1jjj workers will come to ,germany40 99 99 99 ,if ,i may mention it1 it is also worthy of mention1 that in ,january1 the beginning of ,january1 ,i was at a conference with ,hitler1 or rather1 ,i did not take part in it1 but ,i knew of it4 ,there1 a new worker contingent was demanded1 and in this conference ,hitler himself named the number of #bej1jjj workers for the construction2 for aircraft construction4 ,in other words1 it wasn't ,speer but ,hitler who demanded those workers1 especially1 and it is possible--that1 at any rate1 is the way ,i construe it now--that he was thinking of these fighter plants4 ,then ,i asked ,hitler to permit me to use #aj1jjj ,todt ,organization workers from ,southern ,russia4 ,i must mention that here1 because ,i did that as ,speer's representative with ,hitler4 ,i could not have said to ,speer that he should give me these #aj1jjj workers4 ,i had to do that through ,hitler1 because the commanders in chief1 in this case the commander in chief of the army group in ,southern ,russia1 were in charge of these people and they had to be released by them4 ,thereupon these #aj1jjj workers got under way toward ,germany4 ,however1 they unfortunately arrived very slowly and some of them never got to the fighter plant1 but were taken over by ,speer to make ball bearings in ,wellen1 in ,thuringia1 and then1 when no workers came1 the plants were to be built by ,hungarian ,jews4 ,i do not know precisely when it was1 but ,i do remember an armaments conference in ,linz--,i guess it was about the middle of ,june or maybe later1 but ,i can't say for sure--and it was then that the first ones began to arrive4 ,q4 ,were they approved by ,hitler8 ,a4 ,yes4 ,q4 ,witness1 when you of the ,todt ,organization fetched ,italians on your own initiative1 were they volunteers or were they more or less forced labor8 ,a4 ,precisely in ,italy1 we had a remarkable achievement because as a matter of principle we turned to ,italian firms1 gave them commissions and they provided the workers4 ,i believe ,i can say that the ,todt ,organization was known for taking model care of its workers4 ,for instance1 in ,norway and ,holland1 the ,dutch or ,norwegian ,todt worker received higher wages than the ,german ,todt worker who was working right beside him4 ,i could make extensive statements on that if ,i wanted to1 or if ,i were given the opportunity4 ,q4 ,but that is not an answer to my question1 whether they were volunteers or forced labor8 ,a4 ,they were not forced4 ,they were brought by their firms4 ,q4 ,through the ,italian firms8 ,a4 ,yes1 that was the intention from the very beginning1 so that the ,italian firms could provide their trained and expert personnel to us1 and1 in this way1 they were simply volunteers2 they did much better work than if they were forced4 ,,dr4 ,,bergold3 ,no further questions4 ,,cross-,,examination ,,mr4 ,,king3 ,witness1 you stated that ,milch was only present at a few of the early meetings of the ,jaegerstab4 ,may ,i ask you-- ,a4 ,what ,i said refers only to those meetings of the ,jaegerstab at which ,i was present and that was perhaps four or five4 ,q4 ,now1 you said1 in your affidavit1 which has been submitted as a prosecution exhibit referred to by ,dr4 ,bergold1 that you received an order for the construction of fighter factories at the end of ,april #aidd8 ,a4 ,yes4 ,q4 ,do you recall being present at a conference at ,berchtesgaden with ,goering1 among others1 on the #aith of ,april #aidd8 ,a4 ,i cannot say whether that was the precise date1 but ,i did take part in some such conference4 ,q4 ,do you recall who was present at that conference8 ,a4 ,yes4 ,goering was there1 ,milch was there1 the others ,i'm not sure about4 ,saur--,i'm not sure he was there4 ,i knew for sure that ,milch and ,goering were present1 but as to the others ,i no longer recall4 ,q4 ,do you recall what was discussed at this conference8 ,a4 ,the construction of fighter plants was discussed then1 and1 if ,i remember1 ,goering pointed out that the ,todt ,organization was to receive all sorts of support but ,i do not remember the details at the moment4 ,q4 ,and a few days later1 on #ba ,april #aidd1 you received the order from ,hitler to build the six fighter plants8 ,a4 ,yes4 ,q4 ,do you recall that possible sources of labor were discussed at this meeting8 ,that is1 labor for the construction of the fighter factories8 ,a4 ,i should like to assume that1 but ,i do not remember precisely4 ,probably all sorts of conditions and possibilities were discussed1 but ,i cannot answer this precisely4 ,q4 ,you were discussing a large-scale construction2 you must have known where this labor was to come from4 ,can you tell me what possible sources were discussed at that meeting8 ,a4 ,i do not know whether or not that question was discussed at this conference4 ,i assume that it was1 but that was such a long time ago that it is impossible for me to recall these details4 ,but ,i was clear in my own mind about that fact4 ,that we needed so and so many workers was of course obvious4 ,i did make the demand that this construction program should receive top priority and ,i stated previously that ,i wanted primarily ,german workers1 which was then done1 and in the sector of the ,plenipotentiary ,general for chemistry ,i wanted to take some workers2 that was the way in ,germany that you got workers4 ,later1 when we of the ,todt ,organization took over the construction program in ,germany1 we saw that a large number of construction offices had so little manpower that they had to stop production and there again we found workers4 ,the whole situation was somewhat unclear because when we took over building these fighter factories1 the entire construction was turned over to the ,todt ,organization1 and no one could take the responsibility for such important constructions unless he could control the direction of the whole construction program1 but1 with the best will in the world1 ,i can't recall the details4 ,there were so many conferences1 one followed the other so rapidly1 ,i do not any longer recall4 ,q4 ,who was your representative at meetings of the ,jaegerstab8 ,a4 ,schlempp1 first of all2 even before ,i was commissioned with this task1 he was the technical adviser or expert on construction4 ,saur asked me at that time to regard him as the liaison man between the ,todt ,organization and the ,jaegerstab4 ,then1 about the middle of ,june1 ,schlempp became group leader of the unit in ,prague1 for which reason ,i provided one of my best men1 namely1 ,knipping and ,i used him in what had previously been ,schlempp's capacity4 ,q4 ,do you recall that ,schlempp1 and later ,knipping1 reported on the progress of it to the ,jaegerstab8 ,a4 ,i am convinced that they did1 because that was their job4 99 99 99 99 99 ,q4 ,now can you give me percentagewise the breakdown of this labor by groups1 that is1 prisoners of war labor1 foreign labor1 concentration camp labor1 ,german labor8 ,a4 ,that ,i could only do with the most general estimate1 with vagueness4 ,in the case of ,kaufering1 there were perhaps sixty percent from the concentration camps2 however1 prisoners of war1 as far as ,i know1 were not there at all4 ,the rest must have been ,germans4 ,in ,muehldorf1 where the second factory was1 the breakdown was roughly the same1 but ,i really cannot say4 ,i visited each one of these factories only twice4 ,because of the transportation situation of the ,rhine bridges and the hydrogenation plant situation1 ,i did not have the time to visit them4 ,q4 ,now did you obtain any of this labor for the construction project8 ,do you recall obtaining any of this from ,schmelter8 ,a4 ,i take it that ,hitler himself had approved these workers4 ,our request went to ,schmelter1 and he was working his own men in that ,todt ,organization1 and in the ,jaegerstab1 and it was his job to settle the details when they should come1 and what they should be paid1 and such matters4 ,that was ,schmelter's job1 and ,schmelter was told that this is a technical staff1 and he knew that ,hitler had approved the workers1 and so it was his job to take care of the details1 and to inform the ,einsatzgruppe what it should do4 ,i did not carry much of these things in detail after that4 ,q4 ,now do you recall how large a construction was at ,kaufering8 ,i am speaking both at ,kaufering ,i and ,kaufering ,,ii8 ,a4 ,you mean the technical construction8 ,q4 ,yes4 ,a4 ,there was one main hall in ,kaufering ,i1 three hundred meters long1 ninety meters wide1 with six stories4 ,kaufering ,,ii conducted production later1 but everything was concentrated in ,kaufering ,i4 ,q4 ,do you recall how much of this construction was completed8 ,a4 ,i should think three-fourths4 ,at the last time ,i visited this construction shortly before the collapse1 the machines were being set in on one side of the building1 and that is as far as it went4 ,q4 ,and to whom was this plant allocated8 ,a4 ,that ,i cannot say4 ,in my opinion the ,messerschmitt1 but ,i must be careful in what ,i say here1 because in the last week before the collapse there were negotiations with the armament staff4 ,i cannot remember what that situation was in ,kaufering1 but in ,muehldorf there was constant talk of putting ,buna in there4 ,that changed continuously1 dependent on the war situation4 ,once ,speer wanted to set up a steel foundry in the fighter factory in the ,rhineland1 which was later changed4 ,q4 ,please answer the question4 ,now in these inspections at ,kaufering1 do you recall any ,luftwaffe representatives who inspected these construction sites8 ,a4 ,that ,i don't know4 ,i cannot say4 ,a colonel of the ,luftwaffe was there but in his capacity as representative of the armament commando or of an armament office4 ,q4 ,now getting back to this meeting of #ai ,april #aidd1 do you recall that ,speer was present there8 ,a4 ,no4 ,q4 ,how were your relations with ,speer at that time8 ,a4 ,they were tense4 ,speer did not regard the ,todt ,organization as a sort of construction organization4 ,to make a statement1 ,i should have to go into great detail on this subject4 ,q4 ,i think that suffices4 ,now with regard to the recruitment of these fifty thousand ,italians1 which you discussed with ,dr4 ,bergold1 do you recall who was to handle the recruitment of those ,italians for work in the ,reich8 ,a4 ,to be sure that ,i do not make any false statement1 is it your concern who recruited the fifty thousand ,italians that ,hitler approved of8 ,q4 ,my concern is through what channel were these ,italians that were promised ,hitler by ,mussolini1 through what channels were they recruited8 ,a4 ,that was to be taken care of by ,sauckel1 but through the ,todt ,organization1 who had their office in ,italy apply to ,italian firms ultimately1 and that was done through the ,todt ,organization office in ,italy4 ,q4 ,now with regard to these ,italians1 do you know what provision was made for the guarding of those that were to arrive1 that is1 en route8 ,a4 ,of that ,i know nothing1 because they did not arrive4 ,they were not watched1 or guarded at all4 ,they were free workers1 there was no reason to guard them4 ,q4 ,now1 ,witness1 outside of ,kaufering1 can you tell me where and under what names these other fighter factories were to be located8 ,a4 ,in ,muehldorf1 and then there was a factory in ,vaihingen4 ,q4 ,just a minute4 ,now with regard to ,muehldorf1 can you tell me what that was to be used for1 who was it to be used by8 ,a4 ,first it was thought of as a fighter factory1 and then1 a few weeks before the collapse1 there was a conference of the armament gentlemen in ,munich1 at which it was agreed that it could be used for the manufacture of ,buna2 in other words1 they changed their minds4 ,q4 ,what time did that conference at ,munich take place8 ,a4 ,that must have been about the end of ,march #aide4 ,q4 ,now1 with regard to ,muehldorf1 can you tell me where1 primarily this labor was coming from8 ,a4 ,these were ,hungarian ,jews4 ,there were ,germans there4 ,where they came from1 that ,i don't know4 ,q4 ,well1 now1 with regard to these ,hungarian ,jews1 can you tell me whether that was a result of a special action in ,hungary8 ,a4 ,i don't believe so1 but ,i don't know4 ,we were only told that we were going to receive ,hungarian ,jews4 ,they were already in ,germany1 if ,i remember1 but where they came from ,i don't know because ,i didn't concern myself with it4 ,q4 ,but you do recall that ,hungarian ,jews were used on that site8 ,a4 ,yes4 ,q4 ,now1 with regard to these other factories1 we have covered ,kaufering and ,muehldorf1 can you tell me the location of the others8 ,a4 ,vaihingen--that was a factory that was already under construction before the ,todt ,organization stepped in4 ,q4 ,witness1 where was that located8 ,a4 ,v-a-i-h-i-n-g-e-n1 and it is in ,wuerttemberg4 ,q4 ,and how large was that construction8 ,a4 ,it was a building about #ajj meters by #fj1 four1 five stories high4 ,q4 ,and do you recall what type of workers was used in that construction8 ,a4 ,concentration camp inmates1 but ,i don't know the number4 ,q4 ,and that was in ,thuringia8 ,a4 ,no1 in ,wuerttemberg4 ,q4 ,now do you recall that any of these factories was to be located in the ,protectorate8 ,a4 ,one was to be erected there1 yes1 in the neighborhood of ,prague but so far as ,i know they never got around to it4 ,perhaps the ground work was carried out and the machines were shipped there1 but the factory itself was not actually built4 ,then there was to be another one in the ,rhineland4 ,i have already mentioned that4 ,q4 ,witness1 with regard to this factory in the ,protectorate1 can you give me the code name for that factory8 ,a4 ,no1 ,i don't know it4 ,it was about #ej kilometers north of ,prague4 ,q4 ,and that was to be used by what company8 ,a4 ,i can't say1 ,i don't know4 ,q4 ,can you give me any indication of the size of that factory8 ,a4 ,the one north of ,prague8 ,yes4 ,that would have been about the same size as ,kaufering1 roughly1 but1 as ,i say1 ,i really don't know whether they got construction under way there4 ,q4 ,but you were to construct it8 ,a4 ,yes1 it would have been done under my supervision1 or under my direction4 ,i was ,speer's representative and chief of the ,todt ,organization4 ,q4 ,but you don't know how far along or whether construction was initiated there8 ,a4 ,i cannot say for sure4 ,i suppose that they started the construction1 but so far as ,i know they really did not actually get this factory built4 ,q4 ,now1 with regard to this factory in the ,rhineland1 can you tell me where that was to be located8 ,a4 ,i can't remember the name any more4 ,i was there once1 and ,i can perhaps locate it on the map4 ,it was west of the ,rhine1 #gj or #hj kilometers1 but ,i can't remember the name any longer4 ,it was under construction1 and then the construction was interrupted by military events1 that is1 about the time when the ,americans entered the ,rhineland on the ,ruhr4 ,nor do ,i know whether concentration camp inmates were used there4 ,q4 ,do you recall whether foreign labor was used8 ,a4 ,in this factory8 ,that ,i cannot say4 ,q4 ,you don't recall constructing any factories for ,wiener-,neustadt8 ,a4 ,no4 ,q4 ,or for the automobile works at ,steyr1 in ,austria8 ,a4 ,no4 ,q4 ,focke-,wulf1 in ,bremen8 ,a4 ,no1 in ,bremen we only built a ,u-boat factory4 ,q4 ,do you recall constructing any factories for ,heinkel8 ,a4 ,that ,i don't know4 ,i wasn't really interested in such questions1 because ,i received the data from the ,jaegerstab1 and the ,jaegerstab did the actual construction4 ,the engineer of the ,todt ,organization built the house1 and then the ,jaegerstab took care of the rest4 ,there were no discussions on my part with construction firms4 ,moreover1 ,i didn't even have time to carry out such things4 ,q4 ,but you got your labor through ,schmelter1 who was a member of the ,jaegerstab8 ,a4 ,yes1 he was a member of the ,jaegerstab1 and ,i have already said that he was also the leader of labor allocation in the ,todt ,organization4 ,he was in charge4 ,at first he was entirely within the ,todt ,organization1 and then later he was what you might call the leader for the allocation of labor in ,speer's ,ministry1 and was in charge later of the allocation of labor in the ,todt ,organization4 ,at the same time1 he performed the same function in the ,jaegerstab1 so that automatically there was a connection between the ,todt ,organization and the ,jaegerstab4 ,,mr4 ,,king3 ,i have no further questions1 your ,honor4 ,,redirect ,,examination ,,dr4 ,,bergold3 ,witness1 ,i have one more question4 ,when did these ,hungarian ,jews arrive at ,muehldorf8 ,a4 ,i do not know about ,muehldorf1 but ,i can recall that at ,kaufering the first ones came--and here ,i must guess--at the end or the beginning of ,june #aidd4 ,,dr4 ,,bergold3 ,thank you1 ,i have no further questions4 ,,mr4 ,,king3 ,i have one further question1 if your ,honor pleases4 ,,dr4 ,,bergold3 ,i have just heard that the interpreter was inaccurate4 ,the witness spoke of the end and the middle of ,june1 and the interpreter said 8the beginning of ,june04 ,,the ,,interpreter3 8,the middle or the end of ,june0 is what the witness said1 but he is not sure about it4 ,,re-,,cross-,,examination ,,mr4 ,,king3 ,now1 ,witness1 with respect to this construction at ,kaufering1 can you tell me when that was initiated8 ,a4 ,in ,may of #aidd it must have begun1 the beginning of ,may4 ,q4 ,and that was also true of the other fighter factories that you were to construct under the ,hitler order8 ,a4 ,perhaps two weeks later the construction in ,muehldorf began2 the construction in ,vaihingen that ,i mentioned before was already under way1 and ,i took it over4 ,the construction in the ,rhineland started considerably later1 it could have been perhaps at the end of ,june2 ,prague came along much later4 ,q4 ,now1 you say that you were at ,kaufering on two separate occasions4 ,did you have any opportunity to-- ,a4 7,interposing7 ,i was in ,kaufering three times4 ,do you want to know when8 ,in ,may #aidd2 at the beginning of ,january #aide2 and then once more just before the capitulation1 perhaps two or three weeks before the capitulation4 ,q4 ,do you recall anything about the conditions at ,kaufering2 that is1 the conditions of labor8 ,a4 ,i only saw the construction site4 ,when ,i was in ,munich1 ,niebermann1 who was responsible for construction1 told me that the ,hungarian ,jews were poorly clothed and poorly fed in part4 ,i then told the competent ,,ss man1 whose name ,i no longer recall--but he was there in ,munich1 in ,niebermann's office--and ,i pointed out to him that this was the responsibility of the ,,ss and he should see to it that these men were decently clothed4 ,q4 ,witness1 do you recall any reports of deaths of ,hungarian ,jews on the project8 ,a4 ,roughly1 in ,october1 our physicians told us that the fatalities in ,kaufering were higher than normal4 ,i then commissioned that physician to take up negotiations with the ,,ss to improve conditions4 ,i should like to say explicitly that the ,todt ,organization was forbidden to enter the camps4 ,the physician tried to send medicines to the camp1 and was successful4 ,i can remember a date1 namely1 one on which ,i was operated on--that is why ,i remember it--in ,november1 at which time the physician told me that he had succeeded in bringing these bad hygienic conditions to an end after considerable effort4 ,i remember the date because it coincided with a sickness of my own4 ----- #aji ,a group of experts1 drawn from various phases of ,german industry and supplemented by representatives of the various ministries4 #aaj ,tr4 pp4 #cjj-a4 #aaa ,survey is published as part of document in ,nazi ,conspiracy and ,aggression1 vol4 ,,iv1 pp4 #abj-abf1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 #aab ,defendant in case of ,u4,s4 vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #aac ,portions of this document were introduced by the defense as ,defense ,exhibit #ab4 ,see pp4 #efa-fb4 #aad ,other portions of this document were introduced by the defense as ,defense ,exhibit #ac4 ,see pp4 #efb-fc4 #aae ,portions of this document were introduced by the defense as ,defend ,exhibit #af4 ,see pp4 #efd-fe4 #aaf ,another portion of this document was introduced by the defense as ,defense ,exhibit #ba4 ,see pp4 #efe-ff4 #aag ,other portions of this document were introduced by the defense as ,defense ,exhibit #bc4 ,see pp4 #eff-fg4 #aah ,kammler was one of the leading officials of the ,economic ,administrative ,main ,office of the ,,ss ,wirtschafts-,verwaltungshauptamt--,,wvh a4 ,see case of ,united ,states vs4 ,oswald ,pohl1 et al41 7,vol4 ,v71 concerning the ,,wvha which administered the utilization of concentration camp labor4 #aai ,document was ,speer ,exhibit #cd in ,trial before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vol4 ,,xvi1 p4 #ehi1 ,nuremberg1 #aidg4 #abj ,defense ,counsel1 ,dr4 ,bergold1 explained 7,tr4 p4 #ehj73 8,this proves that the ,fuehrer himself ordered these large construction works1 the execution of which is charged to the defendant4 ,although ,i mentioned before that the ,jaegerstab was of the opinion that it could only build one factory1 the order was given by ,hitler to build six4 ,that was an impossible number4 ,he delegated this duty to ,mr4 ,dorsch4 ,that man had his orders from the ,fuehrer and not from the ,jaegerstab1 which1 of course1 was no longer responsible for his activities40 #aba ,portions of this document were introduced by the prosecution as ,prosecution ,exhibit #ge4 ,see pp4 #edd-de4 #abb ,,dr4 ,,bergold stated 7,tr4 p4 #efg73 8,i introduce this in order to show that the ,jaegerstab meetings not always prove who was there at a certain given time and those meetings changed so that as far as the defendant ,milch is mentioned1 this does not prove he was there all of the time40 #abc ,,dr4 ,,bergold explained 7,tr4 p4 #efh73 8,there was introduced by the prosecution and also presented an exhibit from this ,jaegerstab conference where the term #8construction company' was mentioned in such a way4 ,those were companies of concentration camp inmates4 ,this explains the term #8construction company' clearly40 #abd ,other portions of this document were introduced by the prosecution as ,prosecution ,exhibit #ge4 ,see pp4 #ede-df4 #abe ,chief of the ,construction ,department in the ,speer ,ministry4 #abf ,ibid4 #abg ,,dr4 ,,bergold stated 7,tr4 p4 #gea73 8,the prosecution has alleged that these great plants were made by slave labor1 and ,i want to show that this plant in which1 according to the allegations of the prosecution1 ,hungarian ,jews were used1 was not built by the ,jaegerstab and that therefore the prosecution has not proved altogether that the ,jaegerstab used ,hungarian ,jews4 ,the passage will show in a very short time that concentration camp inmates were not used4 99 99 990 #abh ,portions of this document were introduced by the prosecution as ,prosecution ,exhibit #ge4 ,see pp4 #eej-eb4 #abi ,another portion of this document was introduced by the prosecution as ,prosecution ,exhibit #ge4 ,see pp4 #eed-ee4 #acj ,,dr4 ,,bergold stated 7,tr4 p4 #ehd73 8,your ,honors1 in all civilized countries1 also in ,germany1 penal prisoners have to work4 ,if concentration camp inmates were put to work in ,germany1 this was done within the frame of the law which existed in ,germany for the employment of criminal prisoners4 ,this was nothing special4 ,this work of concentration camp inmates cannot be considered slave work40 #aca ,other portions of this document were introduced by the prosecution as ,prosecution ,exhibit #ge4 ,see pp4 #eee-eg4 #acb ,complete testimony is recorded in mimeographed transcript1 #f1 #g ,feb4 #dg1 pp4 #gag-gei4 #acc ,complete testimony is recorded in mimeographed transcript1 #bd ,feb4 #dg1 pp4 #acfa-acgi4 #d4 ,,generalluftzeugmeister#acd ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,nokw-#caa #fb ,extract from interrogation of #eig ,hermann ,goering on #f ,september #aidf1 regarding ,milch's position as ,generalluftzeugmeister 7,,gl74 ,,nokw-#dah #acf ,extracts from stenographic #eih minutes of ,,gl-,conference1 #e ,may #aidb4 ,,nokw-#djg #acg ,extracts from stenographic #eii minutes of ,,gl-,conference1 #bg ,may #aidb4 ,,nokw-#djf #ach ,extracts from stenographic #eii minutes of the ,,gl-,conference1 #g ,july #aidb4 ,,nokw-#djh #aci ,extracts from stenographic #fjj minutes of ,,gl-,conference1 #bh ,july #aidb4 ,,nokw-#dji #adj ,extracts from stenographic #fja minutes of ,,gl-,conference1 #d ,august #aidb4 ,,nokw-#dab #ada ,extracts from stenographic #fjb minutes of ,,gl-,conference1 #ah ,august #aidb4 ,,nokw-#daf #adb ,extracts from stenographic #fjb minutes of ,,gl-,conference1 #bf ,august #aidb4 ,,nokw-#bhf #add ,extracts from stenographic #fje minutes of ,,gl-,conference1 #a ,september #aidb4 ,,nokw-#bde #aeg ,extracts from stenographic #fjf minutes of conference with ,goering1 #bb ,february #aidc1 regarding plans for airplane construction4 ,,nokw-#ddi #adh ,extracts from stenographic #fjg minutes of ,,gl-,conference1 #b ,march #aidc4 ,,nokw-#aie #adc ,extracts from stenographic #fjh minutes of conference with ,goering1 #bh ,october #aidc4 ,,nokw-#ahj #aee ,extracts from stenographic #fac notes on the conference at the ,reich ,marshal's on ,thursday1 #d ,november #aidc1 #aa o'clock at the ,junkers ,plant in ,dessau4 ,testimony ,extracts from testimony of defense witness ,max ,koenig #fae ,,partial ,,translation ,,of ,,document ,,nokw-#caa ,,prosecution ,,exhibit #fb ,,extract ,,from ,,interrogation ,,of ,,hermann ,,goering ,,on #f ,,september #aidf1 ,,regarding ,,milch',s ,,position ,,as ,,generalluftzeugmeister 7,,gl7 99 99 99 99 99 ,,interrogator3 ,now to the ,milch case3 ,who was commissioned after #aida with the labor allocation in the ,ministry for ,air8 ,,goering3 ,what am ,i to understand by 8labor allocation08 ,q4 ,labor allocation consisted of the drawing in of foreign workers or ,german workers1 especially of concentration camp inmates1 in order to free them for air force production4 ,a4 ,this matter went through ,udet1 the ,chief of ,supply for the ,air ,force1 until ,udet's death1 and then it went through ,milch4 ,q4 ,in what manner did the ,reich ,air ,ministry submit its requests to ,sauckel and the approximate figure for its requirements1 the number of workers1 etc48 ,and if ,sauckel received such a request from the ,reich ,air ,ministry1 how did he undertake the distribution8 ,a4 ,the requests were made by ,milch1 it was he who said how many workers the air force needed1 and these were forwarded to ,speer4 ,speer then asked ,sauckel for the workers for the entire armaments branch1 almost for the entire industrial branch1 and he then made the distribution4 ,it was he in the end who made the final decision as to how many workers went to the air force for instance1 how many to the army1 etc4 ,as far as ,i know1 ,sauckel had actually nothing to do with the distribution of labor4 ,the contingent was put at the disposal of the authorities4 ,terrific pressure was continually brought to bear on ,sauckel4 ,if the requested number was not brought1 he was given hell4 ,i personally presided over a meeting where there were differences between ,sauckel and ,speer4 ,he wanted to have more1 etc4 ,there was a mix-up and that's how ,i know it2 but the needs of the air force were put forward by ,milch1 that is the ,chief of ,supply for the ,air ,force4 ,when difficulties arose and they did not get the people1 and the program threatened to break down1 then they came to me and ,i supported their demands4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#dah ,,prosecution ,,exhibit #acf ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #e ,,may #aidb ,two handwritten marginal notes at top of document3 ,mi4 #aj4 ,secret ,,shorthand ,,transcript ,,on ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,the ,,state ,,secretary1 ,,field ,,marshal ,,milch1 ,,on ,,tuesday1 #e ,,may #aidb1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,alpers3 ,the reason given is shortage of labor4 ,and in fact there are #b1jjj men lacking at ,heinkel-,oranienburg4 ,,milch3 ,as far as the ,french are concerned1 #fj1jjj of the ones that we had been promised are still missing4 7,comment3 #dj1jjj are missing47 ,if we get those men ,i would assign #b1jjj to ,heinkel-,oranienburg4 ,,frydag3 ,the ,french become worse and worse2 ,i threw out #hj of them who will be sent to concentration camps in ,russia4 ,they refused to work4 ,the ,french say at #d o'clock3 8,i won't work another hour10 and you cannot make them work another hour4 ,this happened four weeks ago all of a sudden1 when the first bombing attack on ,paris took place1 while before that the ,french were the best people4 ,,milch3 ,we were told in ,oranienburg that they were good as long as they didn't get spoiled by our ,german people4 ,,frydag3 ,it happened here after we got the ,french from ,messerschmitt2 according to the ,french they got a warm meal twice a day there and had their laundry done4 ,we cannot do either4 ,we don't have a warm meal twice a day either4 ,at ,messerschmitt the living conditions were better4 ,,milch3 ,gablenz1 ,i want you to get in touch with ,reinecke concerning these ,french4 ,i demand that if the people refuse to work they immediately be placed against the wall and shot before all the other workers4 ,i ask you to get in touch with the ,reich ,leader ,,ss and to ask him to discuss the matter with the ,fuehrer4 ,now is the right time2 unless we do something effective now1 the others will become bothersome4 ,i ask that their being sent to concentration camps be taken into consideration too4 ,i'll tell you afterwards how you should act in such a matter4 ,so ,i do not agree4 ,you should make another proposal4 ,at the beginning you cannot expect more4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#djg ,,prosecution ,,exhibit #acg ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #bg ,,may #aidb ,three handwritten marginal notes at top of document3 ,to my files ,mi4 #ad ,vossen_/,dr4 ,reynitz_/,ca4 ,secret ,,shorthand ,,transcript ,,of ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,the ,,state ,,secretary1 ,,field ,,marshal ,,milch ,,on ,,wednesday1 #bg ,,may #aidb1 #i ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,von ,,gablenz3 ,yesterday1 the first#ace has exploded in ,france1 at the ,arade plant1 an explosive1 a float1 but no damage has been done4 ,,field ,,marshal ,,milch3 ,what measures have been taken in consequence8--,i want to have a report on what has been done4 ,how many people have been shot and how many hanged8 ,if that guy cannot be found today1 fifty men should be selected and if ,i were you ,i would hang three or four of them whether they are guilty or not4 ,it is the only way6 7,mahnke hands another letter to the ,field ,marshal47 ,what do you think of that man8 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#djf ,,prosecution ,,exhibit #ach ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,the ,,gl-,,conference1 #g ,,july #aidb ,two handwritten marginal notes at top of document3 ,st_/,r #ba ,secret ,,shorthand ,,transcript ,,of ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,field ,,marshal ,,milch ,,on #g ,,july #aidb1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,field ,,marshal ,,milch3 ,i do not like the engine4 ,i have inspected it and for the time being anyhow1 ,i shall not take the #agg plane as a traveling plane4 ,with regard to the output of ,prague ,i want to say this3 ,of course1 one must recognize good output1 even of a foreigner4 ,on the other hand1 as far as the ,french are concerned1 something must be done now4 ,gablenz1 ring up ,toennes and tell him that this is a crazy situation tolle ,schweinerei4 ,however1 we would still try first to arrange it in a friendly way through ,toennes4 ,if that does not succeed1 then ,i intend to fill the new ,heinkel plant in the east entirely with ,frenchmen brought down there by force4 ,if they don't work in ,france1 they may work as prisoners in ,poland4 ,after all we have to remember that it is we1 and not the ,french1 who have won the war4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#djh ,,prosecution ,,exhibit #aci ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #bh ,,july #aidb ,two handwritten marginal notes at top of document3 ,st_/,r #bd ,vossen_/,dr4 ,jonuschat_/,c ,secret ,,shorthand ,,transcript ,,on ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,state ,,secretary ,,field ,,marshal ,,milch ,,on ,,tuesday1 #bh ,,july #aidb1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,alpers3 ,we have discussed whether a stronger pressure should not be put upon ,french firms by both our liaison office and by us here4 ,i have talked with the ,french works managers myself4 ,actually they are all of the same mind2 they are willing to exert pressure1 but then the workers will leave them4 ,in ,france there is no law that binds a worker to his place of employment4 ,,milch3 ,as far as we are concerned1 that is very difficult4 ,but at the very moment when the deadline is passed for me1 ,i shall say3 ,now there is no more ,french production4 ,the workers are sent on leave or taken away immediately for other work4 ,the ,french always want the proportion #a3e1 but they only reach #a3b4c4 ,in reality they have very much more1 as we have received only old ,french junk4 ,if we consider the actual output that we have received1 then the proportion is not even #a3j4b1 but exactly the contrary3 #e3a in favor of the ,french6 ,at the present time we receive #h to #i planes from the ,french4 ,i could well imagine that they get out #de for themselves4 ,i shall shut the shop with a single stroke and have the workers and the machines come to ,germany4 ,if it does not work on a voluntary basis1 then we do it by compulsory contracts4 ,perhaps ,i shall first give them a week to think it over4 7,,alpers3 ,amio himself is behind4 ,for him the surfaces and tail unit factories are situated just right47 --,it is a fact that1 on the whole1 these people work in silent opposition4 ,one cannot blame them for it either1 it is true1 but they should not have started the war4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#dji ,,prosecution ,,exhibit #adj ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #d ,,august #aidb ,handwritten marginal notes ,to my files1 personally ,st_/,r #be ,secret ,,shorthand ,,transcript ,,on ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,field ,,marshal ,,milch ,,tuesday1 #d ,,august #aidb1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,geyer3 ,in the west there is a danger of the ,french going on strike in the event of a ,british attack4 ,in that case1 the whole of the engine supply would be severely handicapped4 ,,milch3 ,in such a case ,i would ask to be appointed military commander myself4 ,i would band the workers together and have #ej percent of them shot2 ,i would then publish this fact and compel the other #ej percent to work1 by beatings if necessary4 ,if they don't work1 then they too will be shot4 ,i would get the necessary replacement somehow4 ,but ,i hope the military commander will do his duty4 ,i'm not worried about it4 ,the word 8strike0 must never be used4 ,for us there is only 8living or dying01 but not 8striking04 ,that goes for the educated man as well as for the worker1 for the ,german ,inlaender as well as for the foreigner4 ,the word 8strike0 means death for the man who uses it4 99 99 99 99 99 ,,gablenz3 ,sauckel also made an effort but he does not have a completely free hand4 ,lt4 ,col4 ,nickolai and ,stending are still standing in between4 ,,milch3 ,in spite of all1 he has brought in quite a tidy number4 ,sauckel has brought over #a4f million people to ,germany1 #a4c million from the east and the rest from other countries4 ,,gablenz3 ,we should not be sorry if ,sauckel not only took care of getting the workers1 but also of distributing them4 ,that way we would fare better4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#dab ,,prosecution ,,exhibit #ada ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #ah ,,august #aidb page #ahgd of original ,handwritten marginal notes on attendance list ,st_/,r #bg 99 99 99 99 99 page #aicb of original ,,field ,,marshal ,,milch3 ,as soon as the figures for ,august are ready ,i request an exact account for my report to the ,reich ,marshal and also for the conferences which ,i want to hold with ,sauckel and ,speer beforehand4 ,this account is to show how the labor question has developed1 how great the fluctuation is and which nationalities it involves1 what real requests we now have to make in the different sectors in order to cover the needs for specialists and for skilled and unskilled labor1 how many of them can be foreigners1 etc48 ,what happens to those who leave the industry8 ,are they being compelled to work elsewhere8 ,are they1 as ,i proposed1 under control in the camps supervised by the ,,ss and considered as being in mild concentration camps1 or are these gentlemen allowed to remain outside and do as they please8 ,,translation ,,of ,,document ,,nokw-#daf ,,prosecution ,,exhibit #adb ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #bf ,,august #aidb ,handwritten marginal notes ,st_/,r #bi ,secret ,,shorthand ,,transcript ,,of ,,the ,,conference ,,of ,,the ,,director ,,of ,,supplies ,,presided ,,over ,,by ,,field ,,marshal ,,milch ,,on ,,wednesday1 #bf ,,august #aidb1 #aa ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,milch3 ,is ,quartermaster ,general #f here8 7,comment3 ,yes67 ,do you know anything about it8 7,comment3 ,no67 ,ask about it and inform ,colonel ,brueckner6 ,,frydag3 ,another important consideration is the letter1 which you yourself have signed1 ,field ,marshal1 dealing with the expiration of the labor contracts of the foreign workers4 99 99 99 ,,milch3 ,the ,reich ,marshal ,goering wanted to bind these people by law at one time1 that was one idea4 ,the ,fuehrer's plan would be more favorable4 ,he wishes that the workers be gradually all replaced by ,russians for whom there is no longer such a thing as expiration of contracts4 7,comment3 ,but there is a certain transition period67 ,,brueckner3 ,you1 ,field ,marshal1 have yourself put your signature to this matter4 ,the contracts are to be extended till #a ,october #aidc4 ,i hope that it will be done4 99 99 99 99 99 ,,milch3 ,on the other hand1 a number of these people have been drafted into the armed forces4 ,but if ,i consider the others1 ,i arrive all the same at a monthly total of about #cj1jjj who loaf around and fluctuate from job to job4 ,according to the suggestions of the ,reich ,marshal1 these people are to come under the care of ,himmler and are to be handled severely there4 ,what has been done1 so far1 in this regard8 ,brueckner1 you know about this matter1 don't you8 7,,brueckner3 ,yes67 ,you do not seem to be informed quite correctly4 ,sometime ago we were quite irritated about the fact that so many workers move about from one factory to another1 most of them antisocial elements who do not like to work and whom the firms are possibly glad to get rid of because they do nothing but complain and grumble1 do no proper work1 are constantly late1 shirk work where they can1 pretend to be sick1 etc4 ,these people were supposed to be handled more severely1 and about a year ago the ,reich ,marshal issued an order and gave the ,ministry of ,labor the job of dealing with this matter firmly4 ,then the ,ministry of ,labor issued an explanatory order which was nothing but a sabotage of the order and the desire expressed by the ,reich ,marshal4 ,i reported to the ,reich ,marshal--in the very words which ,i have just used--that in this case his will was clearly being sabotaged by some lawyers or other poor fellows and that ,i asked him to take measures against it4 ,he told me that he would talk the matter over with ,himmler4 ,that is1 ,i had suggested to him that this matter could only be settled with the help of ,himmler's organization4 ,the armed forces are not in a position to do it4 ,the suggestion had been made that the armed forces should take care of these people in camps but these workers are not ready for that4 ,they have not been condemned and in no way violate the existing laws1 but act only against their country which certainly does not yet come within the sphere of the old legal nonsense4 ,that is why ,himmler should get these people into his clutches because he can treat them outside the law4 ,my suggestion was that the people should be put into camps or1 in part1 just get numbers4 ,the person involved would have a passport in which it is entered that he is a ,german of this or that category1 and that his number is so and so4 ,then there are subsequent entries3 ,at this or that time he did not work1 at this or that time he was late1 etc4 ,if he 8loses0 this passport--because he doesn't want to have it anymore--off he goes to the concentration camp immediately2 the same thing happens if he does not show it when ordered to do so4 ,once every month the pass is checked by the local ,,sd4 ,if it shows that the man has been ill1 or late thirty times in one month1 then the ,,sd takes him along and gives him a job in which he has to work #ad hours a day and where he is treated in the way he deserves if he is not willing4 ,the ,reich ,marshal has approved this suggestion4 ,nevertheless ,i have not yet seen anything of the kind being carried out4 ,,brueckner3 ,i know that such labor camps have been established4 ,,milch3 ,in that case ,i want you to tell me exactly during the next conference1 where these camps have been established1 who is in charge of them1 and how do we get these honorable gentlemen who do not want to work into them8 99 99 99 ,it is a simple matter to have these people taken care of somehow by the ,,sd4 ,it has only got to be taken in hand4 ,i want to have a report on it as soon as possible4 ,otherwise ,i will talk to ,himmler about it myself and see that this matter is taken very firmly in hand4 ,i see in these people the greatest danger for the home front4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#bhf ,,prosecution ,,exhibit #add ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #a ,,september #aidb ,handwritten marginal notes ,st_/,r #ca ,to my files ,secret ,,shorthand ,,transcript ,,of ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,state ,,secretary ,,field ,,marshal ,,milch ,,on ,,wednesday1 #i ,,september #aidb1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,deutschmann3 ,reports have come in from front repair workshops that up to #dj percent of the people simply do not come to work4 ,because of the difficulties in the food supply they simply go out into the country in order to have something to eat4 ,at the plant ,mechanical ,workshops ,mechanische ,werkstaetten ,i have found out that the ,poles have not come because ,russian pilots had dropped propaganda material4 ,in one case1 ,i have seen that about #ej percent of the workers failed to come4 ,,milch3 ,what do you do against that8 7,,deutschmann3 ,for the time being1 ,i did not do anything47 ,and where was that8--,in ,warsaw8 ,in such a case1 orders have to be given that these workers get a good beating4 ,and ,russian prisoners of war are used to give it to them4 ,,deutschmann3 ,just at the time when the ,russians attacked ,i was planning to have #bjj ,poles transported to western ,germany in order to fill a gap in the hoop production there4 ,the conditions of procurement in ,warsaw were such that ,i could afford it2 therefore1 ,i had no special reason to take measures4 ,,milch3 ,if those workers stay away from work just as they please then they need a good beating and this punishment is to be administered by ,russians4 ,contact the ,,sd2 tell them that these workers had failed to come to work and that ,i demand that they be punished and not by having their food taken away from them but by the slightly milder punishment of #ej strokes each on their behind4 ,,deutschmann3 ,various unfortunate occurrences have happened together4 ,,milch3 ,i don't care1 these occurrences are none of my business4 ,the unfortunate occurrence for the person involved is when he gets his good beating4 ,and he should not fail to get it4 7,,deutschmann3 ,we have already drawn the attention of the ,reich ,leader ,,ss to it2 something is going to be done about it47 ,such occurrences must not remain unpunished1 they must not happen4 ,if those people mutiny and do not work1 then ,i demand that some shooting is done at those occasions4 ,we do the same in ,poland as the ,british do in ,india1 with the only difference that the ,british deal with their own subjects1 whereas we deal with the enemy4 ,i want none of our people ever to show lack of action4 ,i make every section chief responsible to take measures to that effect immediately4 ,he is not to administer the beatings himself but to go to the ,,sd and demand that this or that is done4 ,what kind of measures they take we will leave to the ,,sd1 but ,i want to have a report on what has been done in such cases6 ,what do you think would happen to a worker in ,germany if he went on strike8 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#bde ,,prosecution ,,exhibit #aeg ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,conference ,,with ,,goering1 #bb ,,february #aidc1 ,,regarding ,,plans ,,for ,,airplane ,,construction 99 99 99 99 99 ,,milch3 99 99 99 ,just now things are not going well4 ,sauckel has agreed with ,speer and myself that von der ,heyde is to go to ,paris to ascertain on the very spot what may be taken away4 ,if we want to maintain the program we require an additional #hj1jjj workmen over there4 ,sauckel said he recognized that and promised to deliver them4 ,if the promise is kept all will be all right4 ,,reich ,,marshal3 ,what sense does it make to leave the workers there8 ,,milch3 ,there is no good will in ,france1 and you can really not expect it from these fellows4 ,but we will force them to work by not feeding them4 ,,reich ,,marshal3 ,i can do this here much better4 ,,milch3 ,that'll get us nowhere4 ,we shall then have to shut down the plants in ,france4 ,,reich ,,marshal3 ,the fault is this3 ,sauckel should have said3 ,milch1 there are too many skilled workers in that plant2 take so-and-so many out for your ,german plants2 ,i am going to replace those skilled workers from our ,french workers pool4 ,otherwise there is no sense in his taking them away4 ,,milch3 ,until six months ago we piloted the whole ,french industry by way of the government1 but since then we changed and took sponsor-firms4 99 99 99 ,,reich ,,marshal3 ,i'll tell ,sauckel not to touch our industry at all4 ,but we must do it ourselves4 ,,milch3 ,i told ,sauckel that we will cooperate on all matters on the very spot1 that we will get the thing done but not smash up anything that is producing for us or is going to produce4 ,he admitted that his men had acted wrongly4 99 99 99 ,speer and myself are of the opinion that he must be incorporated somehow in the ,central ,planning in order to secure manpower for us as well as the material4 ,now we got the first workers in ,november2 prior to that date none at all4 ,of course1 by taking into account the many fluctuations he arrives at fantastic figures4 ,we try to diminish the fluctuations with the aid of ,himmler and ,ley4 ,the military physicians are put in to examine the men4 ,i have proposed that a man who leaves his working place more than three times a year1 should be put into a detention camp and be released only when he stays on the very spot4 99 99 99 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#ddi ,,prosecution ,,exhibit #adh ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,gl-,,conference1 #b ,,march #aidc ,handwritten marginal notes ,to my files ,mi ,secret ,,shorthand ,,transcript ,,of ,,the ,,gl-,,conference ,,presided ,,over ,,by ,,the ,,state ,,secretary ,,field ,,marshal ,,milch ,,on ,,tuesday1 #b ,,march #aidc1 #aj ,a4,m4 ,,in ,,the ,,reich ,,air ,,ministry 99 99 99 99 99 ,,milch3 ,another question6 ,all the reports from ,france show that the ,french have got their heads full of political thoughts and ideas4 ,on the basis of the news they tell themselves3 ,they are retreating on the eastern front and the ,english and ,americans are gradually getting afraid that the ,russians alone will be victorious4 ,the ,french go on to say3 ,if the promises made to us by the ,americans are really kept1 our fortunes are made4 ,that has already led to our foreign workers slowly becoming hostile4 ,on principle ,i have to be informed of every case of swinishness4 ,i do not understand at all why ,germany should put up with it when ,poles and ,frenchmen explain to the people3 ,today indeed you are still sitting in this work1 but later we shall be the owners and if you treat us properly we shall see to it then that you are shot dead immediately and not tortured first4 ,in all these matters energetic interference must be made4 ,i am of the opinion that there should be only two types of punishment in such cases3 firstly1 a concentration camp for foreigners1 and secondly1 capital punishment4 ,if a certain number of such hostile elements are removed and the others are informed1 they will then work better4 ,their love for us certainly won't become any greater1 but neither will their hate1 for it is already strong enough4 ,in this respect1 too1 energetic interference must be made and in no case must the workers put up with it4 ,the best method is to give the person concerned one with a sledge-hammer and ,i shall treat with distinction every man who does something like that whenever he hears such stupid nonsense4 ,we are living in a total war and the workers must be told that they don't have to put up with anything4 ,now the question is whether or not the gentlemen believe on the whole that we achieve something worth mentioning with our production in ,france4 ,for then we must consider that the establishments there will be besieged4 ,then the ,french would have to be forced to come to ,germany4 ,there ,i must reflect on whether the available means of compulsion are sufficient4 ,that does not depend on me4 ,but1 in the abstract1 ,i see no difficulties in the way of getting #ajj1jjj or #bjj1jjj ,french workers to ,germany1 nor do ,i see any difficulties in the way of keeping them in order4 ,if a case of sabotage occurs in one area1 every tenth man in that area will be shot4 ,then such acts of sabotage would cease of themselves4 ,the western peoples are very much afraid of death1 while it is a quite different matter with the ,russians4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,nokw-#aie ,,prosecution ,,exhibit #adc ,,extracts ,,from ,,stenographic ,,minutes ,,of ,,conference ,,with ,,goering1 #bh ,,october #aidc ,handwritten ,notes for ,discussion ,no #aaf_/dc_/,,kd st4 #dth copy ,signature ,,milch ,,stenographic ,,transcript ,,of ,,the ,,discussion ,,with ,,the ,,reich ,,marshal ,,on #bh ,,october #aidc1 #ab ,o',,clock ,,at ,,karinhall ,subject3 ,allocation of ,labor4 ,effects of the ,drafting of ,laborers4 ,participants3 ,reich ,marshal ,reich ,minister ,speer ,field ,marshal ,milch ,gauleiter ,sauckel ,general von der ,heyde ,staatsrat ,gritzbach ,ministerialrat ,dr4 ,groennert ,ministerialdirektor ,hildebrand ,landrat ,berg ,lt4 ,colonel ,biesing1 ,,gsc ,lt4 ,colonel von ,brauchitsch1 ,,gsc ,director ,frydag ,dr4 ,janicke_/,dr4 ,eggeling_/,bs #be ,october #aidc 99 99 99 99 99 ,,milch3 ,interesting are the figures on the decrease of prisoners of war where one had believed they would remain stable4 ,between ,january and ,august the figure went down for the ,russians from #bb1jjj to #ai1jjj2 for the others1 from #dh1jjj to #bh1jjj4 ,in the summer the prisoners of war decreased from #gj1jjj to #dh1jjj4 99 99 99 99 99 ,,reich ,,marshal3 ,but here you report to me and to the ,fuehrer3 ,from #a ,january to #cj ,september a total of #b1bjj1jjj in manpower could be made available for armament production1 7,comment by ,,sauckel3 ,but not for the first time47 among whom there are #ggj1jjj prisoners of war4 ,through allocation #cjj1jjj of these who had been drafted for armament and the armed services1 and those who left for other reasons1 were replaced1 and labor for the most important armament industries was increased by #fej1jjj1 from #e4c million to #e4i million4 7,reading continued47 ,,frydag3 ,those are the total allocations4 7,,reich ,,marshal3 ,i took that to be net allocation47 ,no1 gross4 ,,milch3 ,the ,luftwaffe has increased by #aej1jjj men2 the army by #bdj1jjj2 the navy by #ej1jjj2 military administration has remained stable4 ,for the ,wehrmacht armament alone1 there has been an increase of #djj1jjj men4 ,then other industries1 including state railway ,reichsbahn1 postal service1 experts basic materials industry1 make a total increase of #e4bi million1 i4e41 an actual addition of #ejj1jjj men in this whole area within half a year4 99 99 99 99 99 ,,reich ,,marshal3 ,then there is one more question which again belongs here and which in all seriousness must be discussed4 ,suppose that1 in the central sector of ,holland1 between ,arnhem1 ,utrecht1 and ,dortrecht1 ,i place at your disposal for three days #ae1jjj young ,german soldiers--recruits who have been there eight days1 together with their respective officers' corps for handling the executive--to catch the young ,dutchmen 7this would have to be carefully prepared1 of course7--would you expect good results8 ,it goes without saying that everything must be well organized in advance1 transport to move them out1 camps to receive them here1 far away from the ,dutch frontier4 ,,sauckel3 ,considering the ,dutch population figure that amounts to something4 ,however1 the same should be done in ,poland and ,france4 ,,reich ,,marshal3 ,naturally1 after that has been done once1 one has to modify the system for the second blow4 ,then the ,dutch people will no longer be out in the streets on ,sundays for pleasure promenades4 ,,speer3 ,care should be taken though1 not to affect the protected industries which we have established there4 ,their workers are also out for walks on ,sundays4 ,,reich ,,marshal3 ,first1 all of the people must be brought together in a pen ,pferch2 then they will be asked individually who works where1 and then the men will be selected accordingly4 ,,sauckel3 ,we should like to set an example4 ,however1 ,i do not like to rely on this alone for the next year2 but ,i should like to ask that one have the confidence in us that1 reasonably speaking we are doing things in the right way4 ,the factories which ,speer barred to us 99 99 994 ,,reich ,,marshal3 ,really ,i am not imposing4 ,but when ,i constantly hear3 ,i could do very much if ,i only had the executive power1 then ,i am ready to assist you1 not permanently1 but then1 for five days or one week1 by putting my men at your disposal4 ,in ,france also we have training regiments1 and the army1 too1 could arrange to make certain units available so as to make a big push4 ,,sauckel3 ,if ,i may be permitted to speak quite frankly1 the conditions are as follows3 ,all of our ,military ,commanders1 and also our ,commissioners ,general--with the exception of ,koch--also the general governors1 take the stand that in all of their regions the supreme law is tranquility and order4 ,also during the present era of war these ,german people still feel--after all that is typically ,german--the inherent obligation of maintaining order in their country and of somehow protecting the local population4 7,,reich ,,marshal3 ,they do not see ,germany1 but ,seyss-,inquart sees ,holland only47 ,that is the greatest difficulty which we face1 and in spite of the obduracy which is there ,i am of the opinion that we really have more friends in these countries than we imagine4 ,i shall place my reports at your disposal1 among them a detailed report of a ,flemish man1 an economist who lives with his wife in ,weimar1 works there1 and who at the same time looks after the ,flemish people in my district4 ,the matter is as follows3 ,our highest political authorities in these countries cultivate to some extent social contacts with the local high society2 thus in ,belgium1 bluntly stated1 with elite circles1 the high financial circles1 and leaders of industry4 ,they show to the ,german commanders in chief a certain demeanor of courteousness and of conventionality and thereby satisfy our gentlemen to a great extent4 ,under this mask1 however1 they permit their nearest subordinate organizations to persecute and harass everybody who is in any way friendly to ,germany4 ,unwillingly and without being suspected by our gentlemen ,herren we have in this manner placed the ,germans who were there under pressure4 ,they all have become fearful1 and they bar their minds against ,germany1 and those who really did something for ,germany resign4 99 99 99 99 99 ,,reich ,,marshal3 99 99 99 ,our method of procedure in the expansion of the large air fields1 ,sauckel1 would then be that1 we try1 first of all1 to get a hold of the available labor in the vicinity of the harbors in ,france1 ,belgium1 and ,holland which so far has not been recruited in any manner by ,speer or by the ,luftwaffe1 or by you--just as the ,russians do1 and as the ,british now also are doing in ,southern ,italy and ,sicily4 ,there is a scarcity of water there and he who loafs is not permitted to come near the water tap4 ,they are very strict on this point4 ,now1 in the fifth year of the war1 we too must be just as strict4 ,and over and above this ,i still need workers who will be fetched from regions farther away if those from the immediate vicinity are not sufficient4 ,and then come specialists1 whom ,speer makes available from his organization1 the engine operators and so forth4 ,if ,i am to rearm the ,luftwaffe with everything that is conceivable now1 ,i do need a considerable reserve stock of laborers4 ,technical workers must be included4 ,this is in addition to the number necessary for fulfilling needs arising from actual fluctuation and departure of workers4 ,now that would have to be considered in detail4 ,,sauckel3 ,may ,i call attention to the following3 ,that which makes things very difficult for me at the moment is the question of our currency4 ,it is a fact that prices in ,france1 and in the entire west1 are very much out of proportion4 ,if we bring the workers to ,germany and1 according to ,german standards1 we pay them just as well as the ,german workers1 that does not help them at all because their families living in the occupied territories cannot buy anything with the money that the people transfer4 ,i should like to ask you1 ,herr ,reich ,marshal1 to talk with ,reich ,minister ,funk and the other competent officials so that under all circumstances and with all possible means the ,german mark will preserve its purchasing power against the ,french franc1 just as it was done on the other side1 during the ,world ,war4 ,,reich ,,marshal3 ,all we need to do is to fix the rate of exchange1 just as was done at that time with the dollar1 i4e41 today the ,german mark equals #bj francs1 tomorrow #bc1 then #bg1 then #dj1 etc41 etc41 up to one million1 or one billion4 ,we have had all that4 ,the same holds true for the guilder4 ,one cigarette now costs in ,holland #a4ej guilders2 formerly it cost #aj cents4 ,i merely have to say3 #a4ej guilders equal to #aj pfennigs1 or one mark equals #ae guilders4 ,,sauckel3 ,that would solve a big problem in the wage question4 ,,reich ,,marshal3 ,the same is done in ,belgium4 ,i shall schedule a discussion on that with ,mr4 ,funk4 ,with friendly nations it is more difficult2 nevertheless1 there1 too1 we have to do it4 ,,sauckel3 ,there is still something ,i should like to say4 ,if this large-scale recruiting is carried into effect1 even with coercion1 it is nothing but compliance with laws which were promulgated there by their own governments1 except that the governments declare they lack the executive power4 ,,reich ,,marshal3 ,that is always the excuse2 ,i simply shall give them the executive power4 ,well1 let me summarize it once more4 ,we undoubtedly are agreed on the fact that what ,sauckel brings to us here1 and that which to us appears as stocking up1 has been subject to a natural compromise and actually a greater number of people was necessary1 to make up for the losses4 ,if it had been impossible to obtain more labor there would1 of necessity1 have been a decrease1 merely by reason of the draft1 the increased rate of disease during the war1 deaths1 etc4 ,the decrease in prisoners of war should really be insignificant unless there are modifications2 on the contrary1 ,i should like to see that the prisoners of war who had been released1 ,norwegians1 and so forth1 be taken again4 ,insofar as officers are concerned this has been done to a certain extent4 ,it was the greatest nonsense ever committed by us and for which nobody thanks us4 ,we have made prisoners of entire armies and we let them go again4 ,we do not get anything from ,norway8 ,,sauckel3 ,no4 ,even ,russians are being taken there1 also ,french specialists4 7,,reich ,,marshal3 ,why87 ,the tasks there are much bigger than the population could cope with4 99 99 99 99 99 ,,translation ,,of ,,document ,,nokw-#ahj ,,prosecution ,,exhibit #aee ,,extracts ,,from ,,stenographic ,,notes ,,on ,,the ,,conference ,,at ,,the ,,reich ,,marshal',s ,,on ,,thursday1 #d ,,november #aidc1 #aa ,o',,clock ,,at ,,the ,,junkers ,,plant ,,in ,,dessau 99 99 99 99 99 ,,the ,,reich ,,marshal3 ,give the prisoner-of-war camp ,stalag commander my greetings and tell him ,i said the ,stalag is the biggest racket in ,germany and merely a camp where get-aways are being organized wholesale4 ,the men do not even have to bother to dig a tunnel1 since they can walk out freely in broad daylight4 ,the ,italians get beaten up when they do not work4 99 99 99 ,it is absolutely useless to take the ,italians as soldiers1 for they report for duty1 it is true1 but then they bolt again4 ,we need them here1 however1 as workers for the #ajj1jjj men operation4 ,in the second place1 why do we not get the machines8 ,if ,i want to have them1 ,i just have to occupy a factory by surprise4 ,,milch3 ,there are no transportation facilities to make this possible4 ,we have to let certain plants go on working in ,italy1 such as ball bearings1 steel castings1 and others1 and we cannot take the people from there4 ,the same applies to the technical sphere4 ,the people there are working for us4 ,all depends on our policy toward the ,italians4 ,i have ordered that they can be beaten up if they do not work4 ,i have also given permission that ,italians caught sabotaging be sentenced to death4 ,if this measure is not desired by the higher authorities1 which seems to be the case1 we are powerless2 then the ,italians in the ,reich will not be of any use to us1 and they will not do anything down there either4 ,now the ,italian has found the way out1 he goes into the militia and1 once he is over there1 he bolts4 ,there is one other way to make him work2 if we do not provide the ,italian with food and tell him3 only those who fight and work for us will get food4 7,,the ,,reich ,,marshal3 ,that is what the ,americans do67 ,why do we not do it8 ,in my opinion we should try to get the machines by force4 ,we can manufacture #a1jjj pursuit planes in ,italy and the engines for them4 ,the engines will go only through ,junkers1 the other parts only through ,messerschmitt4 ,i should like to have the #aji and the #fje in ,italy while they are still working1 so that we can modernize our factories4 ,we have the further advantage that the enemy drops his bombs not only on ,germany1 but also on ,italy4 ,we can disperse industry there in small valleys and we need not use the big ,milan plants4 ,the situation there is rather favorable4 ,,the ,,reich ,,marshal3 ,above all1 this question must be discussed at once with the ,fuehrer4 7,end of the conference at #aa3de p4m47 99 99 99 99 99 ,st #adi-dc ,,iii g,k ,stamp ,top ,secret ,the ,reich ,marshal of the ,greater ,german ,reich ,adjutant's office ,adj4 #bjai-dc top secret ,pencil note ,for my files ,berlin ,w #h ,leipziger ,str4 #c ,telephone3 #abjjdd ,headquarters1 #ab ,nov4 #aidc #b copies1 #ast copy initialed ,mi #ae ,nov4 ,to the ,state ,secretary for ,aviation and ,inspector ,general of the ,air ,force1 ,field ,marshal ,milch4 ,reich ,air ,ministry ,forwarded herewith for your attention and further handling are the uncorrected stenographic notes on the conference at the ,reich ,marshal's ,office on #bh ,october #aidc4 ,inclosure3 ,notes on conference ,no4 #aaf-ac ,top ,secret--#dth copy4 signature ,,brauchitsch ,lieutenant ,colonel1 ,,gsc and ,chief ,adjutant ,,extracts ,,from ,,testimony ,,of ,,defense ,,witness ,,max ,,koenig#acf ,,direct ,,examination ,,dr4 ,,bergold3 ,will you please give the ,court your first name and second name8 ,,witness ,,koenig3 ,max ,koenig4 ,q4 ,when were you born8 ,a4 #ai ,august #ahig4 ,q4 ,what was your last position in the war with the ,wehrmacht8 ,a4 ,lieutenant colonel in the reserve4 ,q4 ,and where were you8 ,a4 ,with the commander of the ,luftwaffe in ,rechlin in charge of the testing station4 ,q4 ,is it known to you1 ,witness1 whether and what sort of orders1 if at all1 ,milch gave with reference to the treatment of so-called terror pilots8 ,a4 ,my department was subordinate to the ,,gl1 and therefore received orders from that office concerning the treatment of pilots who had made emergency landings1 and such orders were to the effect to inform the ,buergermeister mayors and the councillors that the prisoners who had made emergency landings should be sent to ,oberursel at once4 ,q4 ,then were these orders given or were they repeated in certain cases8 ,a4 ,i myself went there in #aidb to that office and ,i remember very well that the first orders in this respect were given in #aidc and then in #aidd4 ,q4 ,have these orders provided for the taking of prisoners of all pilots by the ,luftwaffe and taking them to ,oberursel8 ,a4 ,the ,,gl ordered1 followed by the threatening of heavy punishment if the orders were not followed1 that all pilots who bailed out or made emergency landings should be taken at once in the quickest way possible to ,oberursel4 ,q4 ,did you transmit these orders to the mayors and councillors of your district8 ,a4 ,these orders were passed on by the commander of the testing station to the ground organization of the base1 passed on to all ,buergermeister and the city councillors4 ,q4 ,can you confirm that these orders came from ,milch8 ,a4 ,they came from the ,,gl4 ,it was even ordered how we should proceed4 ,as far as ,i can recall we were ordered1 among other things1 that the contents of their pockets should be taken away from the pilots and sent to ,oberursel with an accompanying letter4 ,q4 ,did you know at that time that the ,party wanted the pilots to be treated in a different manner8 ,a4 ,i did not know that for we in ,rechlin had hardly any contact with the ,party4 ,q4 ,therefore1 you never corrected orders from the ,party8 ,or would you have done this8 ,a4 ,no4 ,we were subordinate to the ,,gl1 and1 therefore1 we could only take orders from that superior office4 ,q4 ,witness1 what do you know within your office as to how concentration camp inmates were treated8 ,a4 ,i should say this3 ,when labor was requested for the building of a pillbox1 we were given a detachment from ,oranienburg4 ,these prisoners were housed by the evacuating of our testing station1 that means our ,german soldiers1 in ,laerz1 and prisoners from the concentration camp at ,oranienburg were moved into the billets of the ,german soldiers4 ,there were about a thousand of these4 ,q4 ,were the barracks in good condition8 ,a4 ,they were not barracks in the bad sense of the word4 ,they were the best billets which we had at our disposal in ,laerz4 ,they were new buildings and contained1 apart from the living rooms1 a theater room1 and a big kitchen with1 ,i believe1 four stoves4 ,i know the camp because ,i visited it repeatedly4 ,q4 ,witness1 what orders did you receive for treating of those people by the ,,gl8 ,a4 ,i remember two orders that were to the effect that all those who actually worked1 whether foreigners or concentration camp inmates1 should be treated well in order to save their good health and in order to increase their production4 ,q4 ,what has been done for that purpose8 ,a4 ,as far as their health was concerned1 under this order1 ,i repeatedly saw to it that ,i obtained medical supplies from the hospital ,revier of ,rechlin4 ,q4 ,what you call the ,revier is the hospital ward8 ,a4 8,revier0 is the sickroom which1 considering the bigness of the agency1 is approximately the equivalent to a hospital 99 99 994 ,q4 ,let us go back to concentration camp inmates4 ,what has been done in health matters8 ,a4 ,near ,rechlin1 there was an estate called ,boek4 ,this estate consisted of several thousand acres and apart from potatoes and turnips also produced wheat4 ,on orders from the ,,gl we received from that estate for the commando in ,laerz and for the concentration camp and for the foreign workers large quantities of goods produced there4 ,q4 ,these concentration camp inmates2 were they exploited unfairly8 ,a4 ,i can say this--,i myself was in the hall east from there up to the building of the commander1 which was about a kilometer and a half4 ,the foreign workers and concentration camp inmates lived in smaller and bigger groups and worked in such groups1 but ,i could always observe them when ,i walked along the lanes4 ,it seemed that when the civilian and other employees there were still working1 the concentration camp groups had already stopped working because they had to be in their camp at a certain time4 ,the time they needed to march to and fro was part of their working hours4 ,q4 ,were they told to work particularly fast1 or particularly heavy8 ,a4 ,i can say this that ,i could really judge them because after all ,i saw them almost daily4 ,their work was not particularly slow1 it wasn't particularly fast4 ,and one couldn't say they were driven on4 ,q4 ,were these people happy or did you hear complaints8 ,a4 ,should complaints have occurred ,i would have been the first to hear about them for it would have been my job to hear them1 because ,i headed the particular office for food and treatment which was the liaison office between ourselves and the ,stalags4 ,i even listened at times to outbursts of joy4 ,and from the liaison office we bought everything1 beginning from cigarettes and other small gifts1 foodstuffs1 etc4 ,this was used both in the camps and foreign workers1 and the foreign workers were always running about freely there4 ,q4 ,did your office ask for concentration camp inmates or were they sent to you by labor exchange on the basis of assignment of labor8 ,a4 ,we had to use two ways1 we had to use two channels here--one through labor exchanges and the other through the ,,gl who ordered labor for us and on the basis of our application with the labor exchanges and the ,,gl1 this special commando and attachment came1 whether on the basis of our application ,i really don't know4 ,q4 ,did you request concentration camp inmates or simply workers8 ,a4 ,i may say quite frankly here ,i asked for ,german workers and ,i expected they would turn up but as we were under orders to maintain secrecy1 neither did ,i think of foreign workers nor concentration camp inmates4 99 99 99 99 99 ,,cross-,,examination ,,mr4 ,,denney3 ,just what was your job in ,rechlin8 ,a4 ,i was ,i ,b or ,i ,bertha--that means an organization1 and my job was looking after the army4 99 99 99 99 99 ,q4 ,well1 in your position having to do with figures you possibly were concerned with labor in ,rechlin8 ,a4 ,from ,rechlin we were ordered to build a shelter in ,laerz1 and to carry this out we had to ask for labor4 ,q4 ,didn't they consolidate requests for labor and give them to you and you would send them up8 ,a4 ,requests were sent on to the labor offices on the one hand1 and on the other hand to the ,,gl4 ,q4 ,and they were sent by you8 ,a4 ,they were sent by the commanding officer of the testing station1 that is1 to say1 my superior officer4 ,q4 ,but you got them up and gave them to him to send them on8 ,a4 ,i worked on them and passed them on to my commanding officer4 ,q4 ,you said that you had concentration camp workers--you also had foreign workers didn't you8 ,a4 ,there were about #a1jjj concentration inmates and a certain number of foreign workers--,russians1 ,french1 and ,italians4 ,q4 ,did you have any prisoners of war8 ,a4 ,yes4 ,we had some prisoners of war4 ,q4 ,how many people were employed there altogether8 ,a4 ,in ,rechlin1 prisoners of war and foreign workers1 ,germans1 altogether there were #d to #e thousand4 ,q4 ,well1 now we have got #a1jjj concentration camp workers4 ,so that leaves #c to #d thousand4 ,how were those broken down among prisoners of war1 foreign workers1 and ,germans8 ,a4 ,prisoners of war1 roughly #ejj4 ,there were about #cjj foreigners1 and the rest were ,german civilians and ,german military personnel4 ,q4 ,now1 these concentration camp workers1 were they guarded8 ,a4 ,they were guarded in their own camps and in some cases on trucks were taken to their places of work on the east ,boek airstrip4 ,q4 ,and the foreigners1 were they guarded8 ,a4 ,i think they were at first a little guarded or1 let us say1 not at all4 ,q4 ,how about the prisoners of war8 ,a4 ,the prisoners of war were under a similar condition as there were not very many guards at our disposal--guards were very few4 ,q4 ,you talked about the concentration camp people marching back and forth4 ,were they marching under guard8 ,a4 ,yes4 ,they marched under guard4 ,q4 ,in the stockade8 ,a4 ,they were in large camps or huts under stockade and under guard4 ,q4 ,was there barbed wire around it8 ,a4 ,yes4 ,there was barbed wire4 ,q4 ,and guards walking around8 ,a4 ,and guards1 yes4 ,a4 ,armed guards8 ,a4 ,yes4 ,they were armed4 ,q4 ,now1 you told about passing on these orders about the terror fliers to the ,buergermeister mayor4 ,the order that you spoke of that you got from the defendant8 ,a4 ,from the ,,gl4 ,q4 ,the ,,gl was ,field ,marshal ,milch8 ,a4 ,that was ,herr ,milch4 ,q4 ,and you gave those orders on to the ,buergermeister about the so-called 8terror fliers08 ,a4 ,the ,buergermeister and county councillors4 ,q4 ,and then one day you heard about four fliers who had parachuted or made a forced landing--anyway they came down--and you sent your soldiers over there and you were told that they were not available8 ,a4 ,no4 ,the officer came back and said that the police had arrested the four pilots who had made a forced landing1 contrary to our order and contrary to the regulations where the telephone number of our airfield had to be passed on to the ,buergermeister4 ,the report to the ,buergermeister had the purpose to inform the airfield as quickly as possible so that from there a truck could pick up the pilots4 ,q4 ,which police had taken these four fliers8 ,a4 ,unfortunately1 ,i do not know4 ,the officer of the airfield came back and reported that the police had fetched them4 ,he didn't see the police4 ,he merely was informed by the ,buergermeister of this4 ,q4 ,and then what did you do8 ,did you call the ,buergermeister up8 ,a4 ,no4 ,we passed this on to the airfield and the airfield reported this to the ,luftgau4 ,the ,luftgau is the next superior office above the airfield4 ,q4 ,did they ever get these four fliers back8 ,a4 ,no4 ,q4 ,they never got them back8 ,a4 ,i do not know where they were taken to4 ,q4 ,you were the second man at ,rechlin4 ,you know that these orders were passed on to the ,buergermeister that you received through your immediate superior from the ,generalluftzeugmeister8 ,a4 ,i was not the second man4 ,i was ,e commander--commander of that office4 ,i was purely an expert in ,i ,b4 ,i was concerned in this because ,colonel ,petersen of the ,,sd commando ordered the airfield should make investigations because of the ,milch order to the effect that every pilot should be at once taken to ,oberursel4 ,q4 ,at any rate1 you didn't do anything about this after you heard it8 ,a4 ,oh1 yes4 ,the report was immediately sent to the ,luftgau that the pilots had been taken away4 ,q4 ,did you send the report8 ,a4 ,no4 ,the report had to be sent by the competent office of the ground organization--namely1 the airfield4 ,q4 ,you never made any effort to find out what happened to these four ,allied fliers8 ,a4 ,oh1 yes1 that was passed on at once and the airfield having received it sent it on to the ,luftgau and continued to work on this matter4 ,what happened at the end ,i could not possibly find out because the ,luftgau1 the next highest office1 had to report on it through those channels of command4 ,q4 ,you never tried to find out1 did you8 ,did you ever call up anybody over at the ,luftgau and ask them what happened to these four fliers8 ,a4 ,no4 ,i could hardly do that because ,i belonged to the testing station and there was a certain amount of dualism4 ,it was rather like air activity on the one hand and the ground organization on the other4 ,q4 ,you knew what the ,hitler order was about terror fliers1 didn't you8 ,a4 ,yes4 ,i learned about this much1 much later after this emergency landing in #aidd4 ,i heard about this in #aide when ,i was interrogated in ,munich by the ,reich ,marshal ,special ,court4 ,q4 ,what nationality were these pilots8 ,a4 ,i could not say that4 ,i assumed they were ,americans1 but ,i could not say that with certainty because we never saw the insignia of the aircraft nor even the pilots themselves as we did not take them prisoners4 ,q4 ,were there any ,,sd units around where you were8 ,a4 ,in ,rechlin itself1 no1 but my chief1 ,petersen1 and ,i myself learned later on that we were supervised by the ,,sd service4 ,q4 ,you say that in your position you would have heard complaints from any of the workers1 of whom you had four to five thousand of whom approximately two-thousand were made up of concentration camp workers1 prisoners of war1 and foreign workers4 ,you never got a single complaint from any of those people1 is that right8 ,a4 ,no4 ,i can only confirm that repeatedly the foreign workers gave expressions of their gratitude for having this liaison office1 which consisted of a sergeant1 and for the additional supplies which they thus got from the ,stalag4 ,strictly speaking1 we would have been forbidden to enter the concentration camp compound because it was part of ,oranienburg1 and ,oranienburg was an ,,ss agency4 ,q4 ,so you never were inside1 were you1 in the concentration camp8 ,a4 ,i went repeatedly there4 ,i myself attended the hospital hours4 ,that is to say1 ,i looked at the ill people before they saw the doctor and ,i asked the doctor afterwards if he needed anything1 and thereupon ,i got the medical supplies from the airfield and for that purpose ,i was able to do this because ,i was supported by the order of the ,,gl4 ,q4 ,the ,generalluftzeugmeister was able to arrange it so you could go into the camp and look around8 ,a4 ,on the basis of the order where it was my duty to look after the people that they should be well-treated and well-looked after and1 therefore1 ,i was admitted into their compound4 ,q4 ,and the compound was under the jurisdiction of the ,,ss who had jurisdiction over 99 99 994 ,a4 7,interrupting7 ,yes4 ,that was under the jurisdiction of the ,,ss4 ,q4 ,and they had jurisdiction over all of the concentration camps8 ,a4 ,i didn't know that but all ,i know is that they came from ,oranienburg and that the regulations concerning that compound came from ,oranienburg4 ,q4 ,you knew that ,himmler was head of the ,,ss8 ,a4 ,i heard about that in #aide4 ,q4 ,in #aide you found out that ,himmler was the ,reich ,leader ,,ss8 ,a4 ,yes4 ,q4 ,i have no more questions4 ,,judge ,,musmanno3 ,witness1 you mean you did not know1 before #aide1 of the power ,himmler had in the ,,ss8 ,a4 ,no1 your ,honor4 ,particularly in the testing station we did not discuss that nor did we receive many reports there4 ,the attitude of my chief--,i may perhaps say here1 of the ,,gl himself--it was known what their attitude was towards the ,party4 ,we ourselves were under the ,gauleiter of ,mecklenburg who supervised us4 ,therefore1 we went to no trouble to look into other matters4 ,,presiding ,,judge ,,toms3 ,this testing station was in ,germany1 wasn't it8 ,a4 ,yes4 ,rechlin is roughly #abj kilometers northeast of ,berlin on the ,muelef ,lake northwest of ,berlin on ,lake ,mueritz4 ,q4 ,and an officer of the ,german army1 #abj kilometers from ,berlin1 didn't know who ,himmler was until #aide8 ,a4 ,of course1 ,i knew that ,himmler was a ,party member but that ,himmler had all the concentration camps under him ,i really didn't know until very much later4 ,q4 ,but you knew he was head of the ,,ss8 ,a4 ,i knew that he was an ,,ss commander4 ,i did not know until then that he was the head of the ,,ss4 ,,judge ,,phillips3 ,how many concentration camp victims did you hear were killed up to #aide1 starved to death and killed8 ,a4 ,i did not know that and ,i only learned it from press notices which came out in connection with the ,nuernberg trials4 ,q4 ,how many concentration camp workers were killed in your camp8 ,a4 ,nobody was tortured or killed in our camp2 not even one man4 ,q4 ,did any of them die a natural death while you were there8 ,a4 ,nobody died2 ,i can confirm to the ,court that both the health and the individuals' happiness was such that there was neither case of death nor complaint4 ,,presiding ,,judge ,,toms3 ,the name of this concentration camp ,i must know4 ,what was it8 ,a4 ,the camp was near ,rechlin and was an agency attached to ,oranienburg4 ,q4 ,that was ,oranienburg you were talking about8 ,a4 ,it must have been a branch of ,oranienburg4 ,up to my resignation on #ca ,january #aide1 neither a torture nor a fatality occurred there4 ,i said that before1 your ,honor1 and ,i should like to repeat it4 ,q4 ,don't repeat it4 ,,judge ,,musmanno3 ,how many inmates were there in this camp2 what was the population of this camp8 ,a4 ,the camp was roughly about #a1jjj people strong4 ,q4 ,and how long were you there8 ,a4 ,from ,october #aidb until #ca ,january #aide4 ,q4 ,and you say that in approximately three years' time there was not one death in this camp8 ,a4 ,your ,honor1 the camp was not founded in #aidb2 as far as ,i can remember1 it only came at the end of #aidc or early in #aidd4 ,i cannot give you the exact figure of the arrivals4 ,i think it must have been at the end of #aidc or the beginning of #aidd4 ,q4 ,and in all that time there was not one single death in the entire camp8 ,a4 ,your ,honor1 ,i had not heard of one single case of death4 ,should one case of death have occurred1 it is possible that the ,,ss in ,oranienburg would have been told4 ,we ourselves had not heard of one case of death in that camp1 but during the day we assigned ,,ss men in various groups4 ,q4 ,do you mean this camp was functioning as a health resort8 ,a4 ,on that1 ,i can say1 your ,honor1 that after the end of the war1 ,i heard that before the end of the war when people left1 they left very reluctantly1 because there they were given food just as much as was corresponding to their performance and1 in turn1 they were actually able to work there4 ----- #acd ,generalluftzeugmeister was translated as3 ,aircraft ,master ,general1 ,air ,ordnance ,master ,general1 ,chief of ,supply for the ,air ,forces1 ,chief of ,air ,forces ,special ,supply and ,procurement ,service1 ,director of ,supplies1 and ,director ,general of ,air ,force ,equipment4 #ace ,word is missing in ,german original document4 #acf ,complete testimony is recorded in mimeographed transcript1 #ag ,feb4 #dg1 pp4 #aahi-abjd4 ,b4 ,medical ,experiments a4 ,introduction ,the defendant ,milch was charged with participation in criminal medical experiments4 ,on this charge he was acquitted4 ,both the judgment and the concurring opinions deal extensively with this topic2 also ,volume ,i of this series1 and the first part of the present volume1 contains considerable documentation from ,case ,i 7the ,medical ,case7 on the same medical experiments for participation in which the defendant ,milch was indicted4 ,hence1 only a small portion of the evidence on medical experiments offered in the ,milch ,case has been included in the present volume4 ,some of the prosecution documents which were directly related to the defendant ,milch have been included here as well as the testimony of the defense witness ,,ss ,general ,wolff4 ,documents ,,no-#bhe1 ,,no-#bhi1 ,,no-#bbd1 #cdc-;,a-,,ps1 and #cdc-;,b-,,ps1 published as part of the ,medical ,case1 were also introduced in the ,milch ,case4 ,further defense testimony on this topic may be found by consulting the official record4 ,the following defendants in ,case ,i 7the ,medical ,case7 testified as witnesses for the defendant ,milch3 ,hans ,wolfgang ,romberg1 ,wolfram ,sievers1 ,hermann ,becker-,freyseng1 ,georg ,august ,weltz1 and ,rudolf ,brandt4 ,in addition1 six other defense witnesses testified regarding the medical experiments3 ,erich ,hippke1 ,walter ,neff1 ,dr4 ,leo ,alexander1 ,siegfried ,ruff1 ,karl ,wolff1 and ,gerhard ,engel4 ,see list of witnesses for dates and transcript page references on pages #hhi-ij4 b4 ,evidence ,,prosecution ,,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,nokw-#jda #aac ,sworn statement by ,hermann #fbf ,goering1 #bg ,september #aidf1 concerning ,milch's position as ,inspector ,general of the ,luftwaffe4 ,,no-#bai #hc ,letter from ,dr4 ,rudolf ,brandt #fbf to ,dr4 ,rascher1 #bg ,april #aidb1 concerning medical experiment report for ,himmler and ,milch4 ,,no-#bfa #hi ,letter from ,milch to ,dr4 #fbf ,hippke1 #d ,june #aidb1 concerning availability of low-pressure air chamber for experiments4 #afjg-;,b-,,ps #aae ,letter from ,dr4 ,rascher to ,dr4 #fbg ,brandt1 #bj ,july #aidb1 concerning report on high-altitude experiments4 #afjg-;,a-,,ps #aae ,letter from ,himmler to ,milch1 #fbh #be ,august #aidb1 concerning ,dr4 ,rascher's report on high-altitude experiments4 #afag-,,ps #aaa ,letter from ,himmler to ,milch1 #fbi #ac ,november #aidb1 concerning ,rascher's transfer to the ,waffen ,,ss4 ,,no-#bfb #aai ,letter from ,dr4 ,hippke to ,,ss #fca ,obergruppenfuehrer ,wolff1 #f ,march #aidc1 concerning ,rascher's transfer to the ,waffen ,,ss4 ,,translation ,,of ,,document ,,nokw-#jda ,,prosecution ,,exhibit #aac ,,sworn ,,statement ,,by ,,hermann ,,goering1 #bg ,,september #aidf1 ,,concerning ,,milch',s ,,position ,,as ,,inspector ,,general ,,of ,,the ,,luftwaffe ,i1 ,hermann ,goering1 swear1 depose1 and state3 ,that ,i am the former ,reich ,marshal of the ,german ,reich and the former ,commander in ,chief of the ,luftwaffe1 that ,i have personal knowledge of all the facts stated here1 and that ,i know these facts because of the position and responsibility which ,i had in the ,german ,reich4 ,that in approximately #aici the former ,field ,marshal ,erhard ,milch was appointed ,inspector ,general ,generalinspekteur of the ,luftwaffe and that as such he was directly responsible to me for the performance of his duties4 ,that the ,inspector ,general of the ,luftwaffe was in charge of all tasks and responsibilities1 with the exception of those which were concerned with tactical operations 7the latter were handled by my ,chief of ,staff74 ,the supervision of the inspections1 as well as the affairs of the health and medical inspections1 was included in the tasks of the ,office of the ,inspector ,general4 ,special questions1 however1 such as the number of hospitals to be put at the disposal of the individual air fleets1 fell within the province of my ,chief of ,staff4 ,that ,generaloberstabsarzt ,lt4 ,gen41 ,medical ,service ,dr4 ,erich ,hippke was ,chief of the ,medical ,service ,sanitaetswesen of the ,luftwaffe during the years #aida till #aidd inclusive2 that the ,office of the ,chief of the ,medical ,service was directly responsible for the execution of all medical research and experiments2 that the ,office of the ,chief of the ,medical ,service1 i4e41 ,hippke's office1 was directly subordinated to the ,inspector ,general1 the former ,field ,marshal ,milch4 ,i have read the foregoing deposition consisting of two pages1 in the ,german language1 and declare that it is the full truth to the best of my knowledge and belief4 ,i have had the opportunity to make changes and corrections in the above statement4 ,i made this declaration voluntarily without any promise of reward1 and ,i was not subjected to any duress or threat whatsoever4 ,nuernberg1 #bg ,september #aidf4 ,signed ,,hermann ,,goering ,,translation ,,of ,,document ,,no-#bai ,,prosecution ,,exhibit #hc ,,letter ,,from ,,dr4 ,,rudolf ,,brandt ,,to ,,dr4 ,,rascher1 #bg ,,april #aidb1 ,,concerning ,,medical ,,experiment ,,report ,,for ,,himmler ,,and ,,milch ,top ,secret ,,xi a-#ei ,fuehrer ,headquarters1 #bg ,april #aidb #aaih_/db ,bra-,n ,to ,,ss ,untersturmfuehrer ,dr4 ,sigmund ,rascher ,munich #ef ,troger ,street ,dear ,comrade ,dr4 ,rascher3 ,the ,reich ,leader ,himmler has seen your letter of #af ,april #aidb4 ,he has shown the same interest in this report as in the one you sent recently4 ,he would like you to make up for him an over-all report on the experiments carried out to date1 which he would like to present personally to ,field ,marshal ,milch4 ,kind regards to your wife and yourself1 ,heil ,hitler6 ,yours initialed ,r4 ,br4 ,,ss ,obersturmbannfuehrer ,,translation ,,of ,,document ,,no-#bfa ,,prosecution ,,exhibit #hi ,,letter ,,from ,,milch ,,to ,,dr4 ,,hippke1 #d ,,june #aidb1 ,,concerning ,,availability ,,of ,,low-,,pressure ,,air ,,chamber ,,for ,,experiments ,the ,state ,secretary for ,aviation and ,inspector ,general of the ,luftwaffe ,berlin ,w #h1 ,leipziger ,street #g1 #d ,june #aidb ,telephone #ab #jj #dg ,dear ,herr ,hippke6 ,according to the agreement with the ,reich ,leader ,,ss the low-pressure air chamber for experiments in the neighborhood of ,munich is still to be available for two further months4 ,moreover1 ,stabsarzt ,dr4 ,rascher is1 in addition to his tests in the ,luftwaffe1 to be on duty for the present for the purposes of the ,reich ,leader ,,ss4 ,heil ,hitler6 ,yours ,generaloberstabsarzt ,professor ,dr4 ,hippke ,berlin-,tempelhof4 ,copy ,,ss ,obergruppenfuehrer and ,general of the ,waffen ,,ss ,wolff ,berlin ,,sw #aa4 ,heil ,hitler6 and kind regards1 ,yours1 signature ,,milch ,,partial ,,translation ,,of ,,document #afjg-;,b-,,ps ,,prosecution ,,exhibit #aae ,,letter ,,from ,,dr4 ,,rascher ,,to ,,dr4 ,,brandt1 #bj ,,july #aidb1 ,,concerning ,,report ,,on ,,high-,,altitude ,,experiments ,stabsarzt ,dr4 ,rascher ,ahnenerbe ,,rf-,,ss ,munich1 #bj ,july #aidb ,top ,secret ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt ,berlin1 ,,rf-,,ss4 ,very esteemed ,dr4 ,brandt1 ,enclosed please find a copy of the work of myself and ,romberg1 8,experiments for ,rescue from ,high ,altitudes04 ,on #ad ,july #aidb1 ,i was ordered by the ,reich ,leader ,,ss to send you the above-mentioned report4 ,the ,reich ,leader wants that report to be forwarded to ,field ,marshal ,milch1 accompanied by a letter from him1 asking ,milch to receive ,romberg and me for a lecture4 ,i believe to have understood correctly that the ,reich ,leader thought you would submit to him a letter to that effect for his signature4 ,i was very glad to hear that the ,reich ,leader was satisfied with the result of the work at ,dachau and with the film1 and that he ordered an intensive continuation of the work in that field4 ,i recommended ,romberg for the ,war ,merit ,cross #b;d ,class 8,kriegsverdienstkreuz ,,ii4 ,klasse0 on the request of ,,ss ,obersturmbannfuehrer ,sievers4 ,,ss ,standartenfuehrer ,dr4 ,wuest ordered me to notify you hereof4 ,the ,reich ,leader furthermore decided on #ad ,july #aidb that the prisoner ,sobota and the two prisoners who work in the dissection room in ,dachau should be released and transferred to the group 8,dirlewanger40 ,the exact names are in possession of ,,ss ,obersturmbannfuehrer ,sievers4 ,the ,reich ,leader has also issued an order to that effect to ,major ,suchaneck4 ,i thank you cordially for everything and remain ,heil ,hitler6 handwritten ,very faithfully yours1 ,signed ,,dr4 ,s4 ,,rascher ,,translation ,,of ,,document #afjg-;,a-,,ps ,,prosecution ,,exhibit #aaeacg ,,letter ,,from ,,himmler ,,to ,,milch1 #be ,,august #aidb1 ,,concerning ,,dr4 ,,rascher',s ,,report ,,on ,,high-,,altitude ,,experiments ,field ,headquarters1 #be ,august #aidb ,field ,marshal ,milch ,secret ,dear ,milch3 ,enclosed please find a report about experiments for rescue from high altitudes1 which have been carried out by ,stabsarzt ,dr4 ,s4 ,rascher and ,dr4 med4 ,h4 ,w4 ,romberg4 ,i saw a film#ach produced by ,dr4 ,rascher4 ,i consider the results of those experiments as so important for the air force1 that ,i beg you to receive ,dr4 ,rascher and ,dr4 ,romberg ,i consider the results of those experiments as so important for the air force1 that ,i beg you to receive ,dr4 ,rascher and ,dr4 ,romberg that1 after having seen the film1 you will also refer the matter to the ,reich ,marshal because of its importance4 ,i would be obliged if you could let me know your opinion in time4 ,friendly greetings and ,heil ,hitler6 ,h4 ,h4 initials of ,himmler #bg ,august #aidb initial illegible #a ,enclosure ,,translation ,,of ,,document #afag-,,ps ,,prosecution ,,exhibit #aaa ,,letter ,,from ,,himmler ,,to ,,milch1 #ac ,,november #aidb1 ,,concerning ,,rascher',s ,,transfer ,,to ,,the ,,waffen ,,ss ,the ,reich ,leader ,,ss ,berlin1 ,,sw #aa1 #h ,prinz ,albrecht ,street ,field ,command ,post #ac ,november #aidb ,secret ,dear ,comrade ,milch3 ,you will recall that through ,general ,wolff ,i particularly recommended for your consideration the work of a certain ,,ss ,fuehrer ,dr4 ,rascher1 who is a medical officer of the air force reserve ,arzt des ,beurlaubtenstandes der ,luftwaffe4 ,these researches which deal with the behavior of the human organism at great heights1 as well as with manifestations caused by prolonged cooling of the human body in cold water and similar problems which are of vital importance to the air force in particular1 can be performed by us with particular efficiency because ,i personally assumed the responsibility for supplying asocial individuals and criminals1 who deserve only to die todeswuerdig1 from concentration camps for these experiments4 ,unfortunately1 you had no time recently when ,dr4 ,rascher wanted to report on the experiments at the ,ministry of ,aviation4 ,i had put great hopes in that report1 because ,i believed that in this way the difficulties1 based mainly on religious objections to ,dr4 ,rascher's experiments--for which ,i assumed responsibility--could be eliminated4 ,the difficulties are still the same now as before4 ,in these ,christian medical circles the standpoint is being taken that it goes without saying that a young ,german aviator should be allowed to risk his life but that the life of a criminal--who is not drafted into military service--is too sacred for this purpose and one should not stain oneself with this guilt2 at the same time it is interesting to note that credit is taken for the results of the experiments while excluding the scientist who performed them4 ,i personally have inspected the experiments1 and have--,i can say this without exaggeration--participated in every phase of this scientific work in a helpful and inspiring manner4 ,we two should not get angry about these difficulties4 ,it will take at least another ten years until we can get such narrow-mindedness out of our people4 ,but this should not affect the research work which is necessary for our young1 splendid soldiers and aviators4 ,i beg you to release ,dr4 ,rascher1 ,stabsarzt of the reserve1 from the air force and to transfer him to the ,waffen ,,ss4 ,i would then assume the sole responsibility for having these experiments made in this field and would put the results1 of which we in the ,,ss need only a part for the frost injuries in the ,east1 entirely at the disposal of the air force4 ,however1 in this connection ,i suggest that with the liaison between you and ,wolff1 a 8non-,christian0 doctor should be entrusted who ought to be not only a fully qualified scientist but also a man not prone to intellectual theft and who could be informed of the results4 ,this doctor should also have good contacts with the administrative authorities so that the results would really obtain a hearing4 ,i believe that this solution--to transfer ,dr4 ,rascher to the ,,ss1 so that he could carry out the experiments under my responsibility and on my orders--is the best way4 ,the experiments should not be stopped2 we owe that to our men4 ,if ,dr4 ,rascher remained with the air force1 there would certainly be much annoyance2 because then ,i would have to submit to you a number of unpleasant details caused by the arrogance and presumptousness which ,professor ,dr4 ,holzloehner displayed in the ,dachau military post--which is under my command--during conversations with ,,ss ,standartenfuehrer ,sievers about my person4 ,in order to save both of us this trouble1 ,i suggest again that ,dr4 ,rascher should be transferred to the ,waffen ,,ss as quickly as possible4 ,i would be grateful if you ordered the low-pressure chamber being put at our disposal again1 together with the differential pumps ,stufenaggregatpumpen1 as the experiments should be extended to even greater altitudes4 ,cordial greetings and ,heil ,hitler6 ,,translation ,,of ,,document ,,no-#bfb ,,prosecution ,,exhibit #aai ,,letter ,,from ,,dr4 ,,hippke ,,to ,,ss ,,obergruppenfuehrer ,,wolff1 #f ,,march #aidc1 ,,concerning ,,rascher',s ,,transfer ,,to ,,the ,,waffen ,,ss ,the ,inspector of the ,medical ,service of the ,luftwaffe ,berlin ,w #h1 ,leipziger ,street #g1 #f ,march #aidc ,file ,no4 #bbii-dc secret ,inspectorate ,dear ,obergruppenfuehrer ,wolff6 ,state ,secretary ,milch has given me your letter of #ba ,november last year--,diary ,no4 #adbf_/db top secret--regarding the release of ,stabsarzt of the ,luftwaffe ,dr4 ,rascher to the ,waffen ,,ss4 ,i am prepared to release ,stabsarzt ,dr4 ,rascher from the ,luftwaffe1 even after the ,reich ,physician of the ,,ss1 ,,ss ,gruppenfuehrer ,dr4 ,grawitz explained to me that he was unable to give me a replacement2 ,i shall put him at the disposal of the ,waffen ,,ss if ,rascher himself desires this release4 ,i shall ask him about that4 ,your conception that ,i1 as the responsible director of all medical-scientific research work1 would have been opposed to the chilling experiments on human beings and so retarded their development is erroneous4 ,i immediately agreed to the experiments1 because our own previous experiments on large animals were concluded and supplementary work was necessary4 ,it is also highly improbable that ,i1 who is responsible for the development of all possibilities for rescuing our airmen1 would not do everything possible to further such work4 ,when ,rascher explained his wishes to me1 ,i agreed with him immediately4 ,the difficulties1 ,mr4 ,wolff1 lie in an entirely different sphere3 it is a question of vanity on the part of individual scientists1 every one of whom personally wants to bring out new research results1 and very often it is only with great effort that they can be led to work unselfishly for the common good4 ,none of them is without guilt in this respect2 ,rascher is not either4 ,if ,rascher wants to build up his own research institute within the framework of the ,waffen ,,ss1 ,i have no objection4 ,all research work within the field of aviation medicine--that is1 altitude--moreover1 is under my scientific supervision in my capacity as director of ,german aviation medicine4 ,this institute would then be under the supervision of the ,reich ,physician of the ,,ss1 ,,ss ,gruppenfuehrer ,dr4 ,grawitz4 ,momentarily1 however1 this work cannot be carried on because its continuation would require a low-pressure chamber in which not only the altitude of the stratosphere1 but also the stratospheric temperature can be established4 ,but there is no such chamber available in ,germany as yet2 a large chamber is being built in the new ,berlin ,research ,institute for ,aviation ,medicine1 and ,i hope ,i shall be able to have it completed in the course of this year4 ,if ,rascher1 on the other hand1 wishes to conduct other experiments not concerned with altitude and chilling problems1 these would not be under my supervision 7aviation medicine7 but under the supervision of the ,medical ,inspector of the ,army 7military medicine71 whom he would have to contact4 ,i am going to talk over all these problems with ,rascher in old comradeship1 and ,i shall again notify you4 ,with respectful compliments and ,heil ,hitler6 ,signed ,,hippke ----- #acg ,when this document was introduced1 ,dr4 ,bergold made the following statement 7,tr4 p4 #deg73 8,please let me have the photostatic copy of the original1 so that ,i can make a statement4 8,i merely wanted to find out on the copy1 whether there was any #8receiving' mark4 ,later on1 in the course of the introduction of evidence1 ,i shall prove that all letters which are not signed with a red pencil and do not carry the initials #8,mi' were never seen by the defendant ,milch but were forwarded directly4 ,this letter does not show the initials #8,mi'4 7,stepping forward and showing the ,tribunal the document7 8,may it please the ,tribunal3 ,milch1 whenever he received the letter1 added his initials #8,mi'2 at all times1 when ,milch received a document1 he indicated the receipt with a date2 he initialed with a date4 ,these letters1 which do not show the initials1 were received by his office but were not shown to him4 ,at a later date1 ,i can prove this4 ,i just wanted1 at this time1 to call the ,court's attention to it40 #ach ,when this document was read1 ,presiding ,judge ,toms asked 7,tr4 p4 #deh73 8,mr4 ,mc,mahon1 do you know whether the film referred to in this letter is available80 ,,mr4 ,,mcmahon3 ,as far as we know1 your ,honor1 it is not available4 ,in regard to the one letter just referred to1 ,i would like your ,honor to understand that the copies which we have come from the secret files of ,mr4 ,himmler1 therefore1 cannot show the initials of ,milch1 and so1 in fact1 would not show that ,milch had seen that4 ,this letter was received from the files of ,himmler and would not have the initials of ,milch1 saying that he had received this particular letter4 ,c4 ,curriculum ,vitae and ,excerpts from the ,testimony of the ,defendant ,milch ,,translation ,,of ,,document ,,nokw-#bfi ,,prosecution ,,exhibit #ei ,a ,,short ,,curriculum ,,vitae ,,of ,,field ,,marshal ,,erhard ,,milch ,date ,position ,activity #cj4c4ib ,date of birth4 #bd4b4aj ,officer candidate ,first ,foot ,artillery ,regt4 #ah4h4aa ,lieutenant ,recruit training4 #a4h4ad ,lieutenant ,adjutant1 #b;d ,bn41 ,reserve1 ,first ,foot ,artillery ,regt4 #b4g4ae ,lieutenant ,air ,force1 ,reconnaissance ,observer4 #ah4h4ae ,first ,lieutenant ,air ,force1 ,reconnaissance ,observer4 ,winter #af-ag ,first ,lieutenant ,air ,force1 ,adjutant of a unit4 #aiag ,first ,lieutenant ,chief of the ,fifth ,air ,squadron4 #aiah ,first ,lieutenant ,detached service1 commander of an ,inf4 ,company2 ,detached service1 commander of a ,field ,artillery ,battery4 #ah4h4ah ,captain ,air ,force1 commander of #bjdth ,air ,squadron1 commander of ,sixth ,fighter ,group4 #aiai ,captain ,commander of #dabth ,border ,guard ,squadron4 #aibj ,captain ,detached service1 commander of ,police ,air ,squadron4 ,end of #aibj ,captain ,resigned from military service4 #aiba ,lloyd-,ostflug1 later ,civilian air transport ,danziger ,luftpost company1 ,operation chief2 ,civilian air transport company1 ,manager4 #aibb ,junkers-,luftverkehr ,head of ,traffic ,danziger ,luftpost ,department--,organizer of air lines with ,switzerland1 ,austria1 ,hungary1 ,latvia1 ,lithuania1 ,poland4 #aibc ,junkers-,luftverkehr ,id4 ,danziger ,luftpost #aibd ,junkers-,luftverkehr ,head of air expedition to ,danziger ,luftpost ,south ,america4 ,business travel to the ,u4,s4,a4 #aibe ,junkers-,luftverkehr ,head of ,general ,administration4 ,nov4 #aibe ,deutsche ,lufthansa ,member of ,technical ,board4 ,summer #aibh ,deutsche ,lufthansa ,id4 and ,business ,director4 #cj4a4cc ,id4 and ,deputy ,reich ,id4 concurrently with ,commissioner for direction of aviation under ,aviation supervision of ,goering4 ,march #cc ,deutsche ,lufthansa and ,id4 in the ,reich ,ministry of ,state ,secretary ,aviation4 ,may #aicc ,join ,,nsdap ,party member without assignment of tasks for ,party4 ,sept4 #aicc ,activated as ,colonel ,party membership suspended4 #aicd ,brigadier ,general ,reich ,air ,ministry and ,deutsche ,lufthansa4 #aice ,major ,general ,reich ,air ,ministry and ,deutsche ,lufthansa4 #aicf ,lieutenant ,general ,reich ,air ,ministry and 7,air ,force7 ,deutsche ,lufthansa4 ,inspector ,general of the ,air ,force #aich ,general #a4i4ci ,general ,to operational ,air ,force4 #aa4d4-e4e4dj ,general ,commander of ,fifth ,air ,fleet4 ,since #aj4e4dj ,general ,inspector ,general4 #ai4g4dj ,field ,marshal ,inspector ,general4 ,nov4 #da ,field ,marshal ,id4 and ,chief of ,air ,force ,material 7,development1 testing1 procurement of ,air ,force material74 ,april #db ,field ,marshal ,central ,planning ,board2 ,allocation of raw materials4 ,march #dd ,field ,marshal ,establishment of 8,jaegerstab04 ,raising output of fighter craft4 #bj4f4dd ,field ,marshal ,resign posts of ,state ,secretary and ,chief of ,air ,force ,material4 ,jan4 #de ,resign post of ,inspector ,general4 ,march #de ,field ,marshal ,hitler declines my reinstatement4 #d4e4de ,field ,marshal ,taken into ,british custody in ,holstein4 #a ,november #aidf4 ,signed ,,erhard ,,milch ,,excerpts ,,from ,,the ,,testimony ,,of ,,defendant ,,milch#aci ,march #aa ,erhard ,milch1 the defendant1 took the stand and testified as follows3 ,,judge ,,musmanno3 ,the defendant will raise his right hand and repeat after me3 ,i swear by ,god1 the ,almighty and ,omniscient1 that ,i will speak the pure truth and will withhold and add nothing4 7,the defendant repeated the oath47 ,,judge ,,musmanno3 ,you may be seated4 ,,direct ,,examination ,,dr4 ,,bergold3 ,witness1 ,i do not have to tell you the same thing ,i tell all the other witnesses2 namely1 that you should speak slowly and all that4 ,you have heard that several times4 ,give your full name4 ,,defendant ,,milch3 ,erhard ,milch4 ,q4 ,when and where were you born8 ,a4 ,on #cj ,march #ahib1 in ,wilhelmshaven4 ,q4 ,who were your parents8 ,a4 ,my father was a clerk with the ,kriegsmarine navy1 and my mother was born ,vetter4 ,q4 ,what education did you have8 ,a4 ,i attended the ,gymnasium in ,wilhelmshaven1 and then from #aije on ,i went to the ,joachimsthalsche ,gymnasium in ,berlin4 ,q4 ,when did you matriculate8 ,a4 ,in ,february #aiaj4 ,q4 ,what did you study then8 ,a4 ,i didn't study1 but four days later ,i went to the ,first ,foot ,artillery ,regiment in ,koenigsberg in ,east ,prussia1 and ,i joined that regiment as a cadet4 99 99 99 99 99 ,q4 ,witness1 what was your position in the ,third ,reich in #aicc8 ,a4 ,i was ,state ,secretary at that time2 at first1 it was not called a ministry4 ,it was called the ,reich ,commissar's ,office1 because formal measures for the formation of a ministry had to be considered both with the ,reich ,president as well as the ,reichstag4 ,at first1 ,goering was ,reich ,commissar and ,i was ,deputy ,reich ,commissar for ,aviation4 ,i think it was in ,march that the ,reich ,ministry was formed2 and at that moment ,i became ,state ,secretary4 99 99 99 99 99 ,march #ab ,q4 99 99 99 ,witness1 is it correct to say that in your capacity as ,inspector ,general you had to make trips abroad too1 that is1 you had to take care of the comradely relationship with the air forces of other countries8 ,a4 99 99 99 ,perhaps ,i can look up some notes to check the dates of my trips4 ,the visits which ,i made were only1 some of them1 in my capacity as ,inspector ,general4 ,some of them were made for purely personal reasons1 relations with people4 ,for instance1 the first visit which ,i made at the request of ,van ,zeeland1 the ,belgian ,prime ,minister1 that must have been about #aicf4 ,i visited ,belgium4 ,the ,belgian ,ambassador in ,berlin1 ,count ,kerkhove ,kerchove de ,deuterghem1 was a personal friend of mine4 ,one day he asked me to go to ,belgium with him2 the ,prime ,minister ,van ,zeeland would like to see me4 ,i was very astonished at this idea and ,i asked him what the matter was4 ,i then told him that ,i had to have the permission of my superior officers4 ,i received it4 ,this was an entirely private journey4 ,the purpose of the trip1 as ,i realized in ,belgium1 was that ,van ,zeeland wished to come to terms with ,germany1 not only formally but full-heartedly4 ,belgium1 since the ,first ,world ,war1 had a treaty with ,france and was under an obligation to come to ,france's aid militarily by agreement with ,france4 ,van ,zeeland wished to renounce that treaty1 and he wished to have similar terms with ,france as with ,germany4 ,belgium was also prepared in economic matters1 which was a very urgent point for ,germany at the time1 to make concessions1 far-reaching concessions4 ,the visit started with a brief call on the ,king1 who did not refer to the purpose of the visit4 ,this was purely a courtesy call1 but this call gave support to my trip4 ,i saw that the ,prime ,minister acted in accordance with his ,king4 ,the plan as such--although as ,i emphasized several times ,i am not a politician and it was not my intention to interfere in foreign office matters1 but here von ,neurath entirely agreed with my visit4 ,he had not the bureaucratic mind--the plan impressed me4 ,rather1 ,i saw the possibility to create friendly relations between ,germany and ,belgium1 and via ,belgium to ,france1 and later on via ,france to ,england itself4 ,i was convinced that the over-privileged policy of balance of power no longer applied since the ,first ,world ,war4 ,the powers in ,europe had been dislodged too much and joint friendship between ,france and ,britain was definitely a ,british interest in that sense4 ,when ,i returned ,i reported orally to von ,neurath who entirely agreed with that point of view4 ,i also reported to ,field ,marshal von ,blomberg1 who1 apart from ,goering1 was my military superior4 ,he took the same line4 ,i reported to ,hitler and ,goering4 ,both received my report but did not express their own opinion4 ,to my question whether and what ,i could tell the ,belgian ,ambassador1 ,i was told that would have to be done through other channels1 not through me4 ,my orders had come to an end by giving this report4 ,this was my first visit and it was entirely unofficial4 ,then ,i went to ,belgium in ,may #aihg4 ,at that time1 as a ,luftwaffe man1 ,i was officially received by the ,commander in ,chief of the ,belgian ,air ,force1 ,general ,duvivier2 also by the ,minister of ,war and other officials4 ,that was a very friendly visit which also led to very good personal relations between ourselves and their pilots4 ,i was particularly interested in ,belgium because in the ,first ,world ,war ,germany had marched through ,belgium1 had violated ,belgian neutrality1 and had to make up for this now4 ,i believed that the views as expressed by ,belgium on both occasions were aimed at finally burying the hatchet4 ,i assumed that there was a direct connection between my ,belgian visit and a visit by the ,french ,ambassador ,poncet who came to call on me in my office and extended an invitation by the ,french ,government on the occasion of the ,international ,exhibition4 ,that visit took place from #d to #i ,october #aicg in ,paris with the full approval of ,goering and ,hitler4 ,the visit was most impressive since ,i believe it was the first time since #ahfg that a ,german officer was able to pay an official friendly visit to ,france4 ,the ,french told me with the greatest satisfaction that that was the first time the ,french ,company of ,honor had presented its arms since the ,prussian ,crown ,prince had visited ,paris in #ahfg4 ,the ,french made great efforts to make the visit a success and ,i must say they succeeded all along the line4 ,the main point was joint military inspections4 ,very cordial words were exchanged with the generals of the ,french ,air ,force4 ,i was accompanied by ,udet and ,count ,kerkhove ,kerchove de ,deuterghem who also had very good relations with ,france from other times4 ,the central point perhaps of the visit and its real purpose occurred after a lunch given by ,pierre ,cot1 the ,minister of ,aviation4 ,on my other side the ,foreign ,minister was sitting1 and also the ,minister of the ,navy was there4 ,after lunch the three ,french ,ministers1 ,wilmer1 the ,commander in ,chief of the ,french ,air ,force1 ,udet1 and myself remained in a special room and the ,french ,foreign ,minister asked me to take home with me some propositions made by his office4 ,i should add that our ,german ,ambassador in ,france was also there1 also in the smaller circle4 ,when ,i said that ,i didn't want to interfere in his business1 he himself did not take any notice of it4 ,he said that the most important thing was to report to ,hitler on my impressions4 ,he himself could not approach ,hitler4 ,the ,ambassador was then ,count ,welczeck4 ,i was extremely surprised2 ,i had no idea4 ,i couldn't imagine that the ,head of ,state should not see his own ,ambassador4 ,on that basis ,i said ,i would only act as a postman1 and as such would transmit what ,i would be told4 ,i would give my very best own will4 ,the contents of the conversation were to have a far-reaching agreement between the two countries1 the main purpose being to establish a really permanent and lasting peace between the two countries4 ,i was able to take over this assignment with the best conscience in the world4 ,after all1 ,i said yesterday what ,i thought of military events in ,europe in the last thousand years4 ,my impression was that the ,foreign ,minister was very serious in this business1 nor did ,i have any suspicions that this might be a political trap and the ,air ,minister ,cot who was always described as communist in ,germany1 gave me a very good impression indeed1 and our conversations were very intimate and very frank4 ,the ,french ,foreign ,minister at that time was called ,delbos4 ,the farewell on the ,le ,bourget ,airfield led to fraternization between all of us1 and between ourselves and five or six of the highest ,french generals4 ,i must not forget that one of the oldest ,french generals1 ,general ,keller1 expressed with tears in his eyes that he was convinced that the thousand years war between ,france and ,germany was now a matter of the past4 ,we also were deeply moved4 ,on #i ,october ,i flew from ,paris to ,berchtesgaden and reported to ,hitler at once4 ,he ordered me to report to him as soon as ,i had returned4 ,i may perhaps say quite generally ,i could only see ,hitler if ,goering gave me permission or ordered me to do so1 or1 of course1 if ,hitler himself ordered me to come and see him4 ,i myself could not go and see him as ,i was merely a subordinate4 ,in the presence of ,udet ,i gave a report to ,hitler lasting over two hours on the evening of the #ith of ,october1 when my impression was still very fresh4 ,hitler listened very attentively1 asked a number of detailed questions4 ,i could tell him all about the various details which we saw and heard1 not so much the military ones1 but the political details4 ,i could never talk enough about these things4 ,after all1 it was a fairly long conversation with the ,head of ,state4 ,i recommended all these things very warmly and ,i asked him to take this extended hand and he would represent the greatest glory if he would succeed in coming to a lasting agreement with ,france based on the very far-reaching economic community between the two countries4 ,i compared this with the time of the ,german ,customs ,league prior to #ahgj when the ,german states were linked together only through this ,customs ,league4 ,i recalled to his memory that both countries1 ,france and ,germany1 had been a unit and a community for centuries at one time1 and what was greatness at that time today merely meant a normal state4 ,i want to express in particular that nobody pleaded that the two countries should be politically linked together but that political collaboration was a necessity4 ,on #aa ,october1 two days later1 the ,italian ,ambassador called on me-- ,q4 ,just a minute4 ,i have to ask another question4 ,is it correct that during this conversation you also offered to go as a special envoy to ,france and to complete this task8 ,a4 ,oh yes1 ,i told him that ,count ,welczeck should be called to ,hitler in order to give a report4 ,hitler said no1 that is not necessary4 ,i then said that he must have somebody1 if he wished to pursue this matter1 who enjoyed his confidence and also the confidence of the government to which he was sent4 ,i told him that ,i was prepared at all times to serve under ,welczeck as a special envoy only for that one task4 ,i explained to him that ,i regarded ,welczeck as a man who enjoyed the confidence of the ,french ,government1 and that it would be a pity if ,hitler would not see that man more frequently4 ,q4 ,witness1 did ,hitler take a position on this question or did he keep silent again as he did before8 ,a4 ,apart from putting questions to me he didn't say anything decisive at all4 ,after all1 ,i was not a ,foreign ,office official1 and ,i could hardly expect him to do so4 ,perhaps later on ,i can describe what ,i did as far as ,neurath is concerned4 ,q4 ,but before that ,i would ask you one more question4 ,in ,belgium and in ,france were you told why you of all persons were approached by these foreign countries and had the confidence of these countries8 ,a4 ,the ,belgians were explicit on that point4 ,when ,i told ,count ,welczeck that1 after all1 the ,foreign ,office was concerned here2 that it would not serve any useful purpose1 he replied1 8,that will not be read higher up4 ,if you are the soldier coming to ,hitler1 he will listen to you1 for1 after all1 soldiers are your trump cards at the moment4 ,also we have confidence in you1 confidence that you will at least be able to see ,hitler2 and he also has the confidence that you personally will do your best in this respect40 ,q4 ,witness1 at that time did others also approach you1 other diplomatic representatives1 and lend you their confidence8 ,a4 ,yes4 ,q4 ,did you have the confidence of ,mr4 ,messersmith8 ,a4 ,oh1 yes1 ,mr4 ,messersmith2 but that was before all this4 ,i think that really took place in #aicc1 '#cd or perhaps in '#ce4 ,he visited me three times4 ,when he was the ,consul ,general of the ,united ,states1 he had some difficulties with some ,american subsidiary companies in ,germany4 ,one was ,standard ,oil1 as far as ,i recall4 ,i asked him why he wanted to see me since that was not my business4 ,then he said that he had full confidence that ,i would look after his interests4 ,he had been told by other diplomatic representatives that ,i was able to help him4 ,q4 ,all right4 ,now1 ,witness1 we come to the steps you took after your report to ,hitler1 the steps you took later on4 ,i ask you to tell about that briefly4 ,a4 ,perhaps ,i'll do that4 ,it was after my visit to ,england4 ,q4 ,very well1 go ahead4 ,a4 ,on #aa ,october #aicg1 the ,italian ,ambassador came to see me4 ,that was ,professor ,attolico4 ,he told me that the ,italians had got very excited at my ,paris visit4 ,it was believed that ,i had gone to make arrangements there which were in contradiction to ,german-,italian agreements4 ,i calmed him down at once without giving him too many details2 but he asked me to pay a brief visit to ,italy before going to ,england4 ,we had been asked to go to ,england on the #agth of ,october4 ,an air force exhibition in ,milan was the occasion2 and ,i was asked to open that exhibition on the #abth of ,may4 ,that1 of course1 was headlined by the ,italian papers4 ,attolico came and saw me after this and expressed his gratitude4 ,he said that ,delbos had put a trap in front of me4 ,,presiding ,,judge ,,toms3 ,the witness gives the date as the #abth of ,may4 ,is that what he meant for the exhibition in ,milan8 ,a4 #ab ,october4 ,,presiding ,,judge ,,toms3 ,what year8 ,a4 ,in ,october #aicg4 ,i went to ,italy and then to ,england4 ,the visit had been arranged by the ,royal ,air ,force as a reply to the visit paid to us by the ,royal ,air ,force in ,january #aicg4 ,at that time figures were exchanged between us on planned armaments1 that is to say the figures concerning bombers1 fighters1 and so forth1 by agreement with ,goering and ,hitler4 ,here again the intention existed to know exactly what the other was doing4 ,the other point was the intention to come to terms on all these questions4 ,the visit to ,england lasted until #be ,october4 ,england had quite a lot to show4 ,the air force was very well organized and had first-rate personnel4 ,the visits were very cordial4 ,political conversations of an official nature were not held2 but unofficially we spent an evening in a club1 in a very small circle of ten people1 perhaps less than ten4 ,lord ,swinton1 who was then ,minister of ,aviation1 took part1 as well as the leader of the opposition1 ,mr4 ,churchill1 and ,lord ,rt4 ,hon4 ,amery1 ,secretary of ,state for ,india1 and from the ,british ,air ,force1 ,lord ,trenchard4 ,we had brought ,general ,stumpff and of course ,general ,udet4 ,this was more in the nature of a personal contact and political questions were not touched upon4 ,the other hosts had told me before1 8,today you meet your first and second best enemy4 ,don't be confused by this2 but if there is an attack1 hit back40 ,that is what happened2 but it was a very jolly evening4 ,before we took off again1 that is to say on #bd ,october1 ,mr4 ,eden1 the ,foreign ,secretary1 rang me up4 ,he said that he had been busy all the time before1 but could ,i see him now4 ,i said that ,i should be delighted but that a program had been arranged for us by the ,,raf to visit an airfield tomorrow4 ,i asked that if the program could be changed1 would he please contact the ,,raf4 ,he told me that perhaps that would be a bit too complicated and asked if perhaps ,i could see him later on4 ,i could be with him in two hours and thirty minutes since that was how long my aircraft took from ,berlin to ,london at that time4 ,unfortunately ,i never saw ,mr4 ,eden4 ,i reported about that trip to ,england on #b ,november4 ,the report took over two hours4 ,hitler was much more accessible than when ,i talked to him about ,france4 ,i reported particularly my talk with ,mr4 ,churchill and drew his attention to the seriousness which was expressed4 ,hitler immediately interrupted me4 ,he said1 8,please do not worry at all2 never in my life will ,i do anything against ,britain4 ,the basis of my whole policy is collaboration with ,britain40 ,these words calmed me considerably4 ,i immediately explained to him once more that the way to come to terms with ,england would be by ,brussels and ,paris1 and ,i explained why4 ,i saw von ,neurath on #aa ,october on the trip to ,france2 and on #bh ,october ,i reported to him on my trip to ,england in great detail4 ,all ,i could tell him at the time was what ,hitler had said or had failed to say about ,france4 ,neurath again was very impressed with me for having worked for him in this sense4 ,i was in agreement with him that without any further invitations by him or ,hitler ,i must not take any further steps4 ,then on #a ,november #aicg ,i went and saw ,field ,marshal von ,blomberg who at that time was ,commander in ,chief of the ,armed ,forces1 that is to say1 ,goering's military superior4 ,i reported to him4 ,blomberg in all things entirely agreed with me1 as had ,neurath4 ,goering at that time did not have enough time to see me4 ,i asked on several occasions to be allowed to report to him on these very important matters2 but this did not happen because he simply declined4 ,q4 ,witness1 ,i think we can leave this field now4 ,will you only explain briefly to the ,tribunal whether you received foreign delegations1 and of which nations1 and what happened at those occasions8 ,a4 ,i said before that the ,british had visited us in ,january #aicg4 ,after that ,i had perhaps five or six visits from ,englishmen4 ,the ,french paid a return visit in #aich4 ,on that occasion again we returned the very cordial welcome which the ,french had given to us4 ,we showed the ,french our troops and factories4 ,yesterday1 reference was made by the witness ,vorwald#adj to this1 who said that we only showed what the troops had at their disposal at the time and what expressly had been permitted to be shown by ,goering1 after a request had been made by the competent department of the ,general ,staff4 ,i know that somebody has alleged that ,hitler at the end of the war said ,i had shown secret methods to foreign visitors and damaged ,germany thereby4 ,that is a slanderous statement4 ,it was alleged that ,i had shown radar instruments1 and at that time we didn't have any radar at all4 99 99 99 99 99 ,q4 ,witness1 were you ever ,goering's deputy in this capacity1 and how long8 ,a4 ,until #aicg ,i was his deputy1 and all offices in the ,luftwaffe which were subordinate to him were also subordinate to me4 ,this applied to the execution of orders4 ,from #aicg onwards ,i was his deputy only in my own sector1 and this automatically as ,chief of the ,general ,staff in his field1 which applies also to the ,generalluftzeugmeister4 ,in any case it was within my capacity to deputize for ,goering in all matters as ,i was the second senior officer of the ,luftwaffe1 and this was done only by way of rank4 ,but ,goering reserved the right to appoint a deputy in general1 that is1 especially always only for the ,luftwaffe4 ,this authority he did not confer upon me4 ,even when he was on leave he kept this right1 he retained his command4 ,i agreed with this arrangement personally4 99 99 99 99 99 ,q4 ,witness1 what was the position at the beginning when you took over the duties of ,,gl8 ,what measures did you take1 and what was your aim8 ,a4 ,i can be brief in this connection1 at least in regard to the first point4 ,general ,vorwald yesterday spoke at length about it4 ,no useful developments for the immediate future were available4 ,no bomber aircraft of a new type was in existence1 and as to mass production we stood very poorly1 as ,i previously described to you4 ,painstakingly we had reorganized on #a ,september1 and it was only because of the extreme devotion of industry and because of the faithful service rendered by our ,german workers and those who helped them that it was possible to1 shall we say1 bring about a miracle4 ,the production figure in bombers was reached once more in the shortest of time1 in the spring of #aidb4 ,there was not a single individual instance where our program as we had set it for ourselves was not reached4 ,this was something extraordinary4 ,in the case of fighters1 there was a good type of fighter aircraft1 or even two2 namely1 the ,focke-,wulf and the ,messerschmitt1 but there were no engines for those fighters4 ,we had to use incomplete engines to equip these aircraft1 and on the strength of my experience collected in my capacity as director of the ,lufthansa1 ,i had to have tests carried out4 ,my testing department in ,rechlin was excellently staffed1 the commander being an excellent pilot and technician1 and it was due to their devotion that in a few months we managed to get even these new engines ready although1 according to human estimate1 we could not expect it4 ,it was more through luck than intelligence that we got that4 ,now that was the situation as ,i found it4 ,the new organization1 of course1 had not been started up1 and ,i had to collect a few new1 extremely good experts4 ,the men who were working there independently were rather downhearted for a long time4 ,as experts they had lost any doubt in the outcome of the war1 and they did not believe that it would be possible once again to start up our armament program4 ,the total number of aircraft in production was something in the neighborhood of #hjj4 ,that included trainer aircraft1 transports1 liaison aircraft1 such as the ,storch2 it even included towing aircraft which were to be used for parachutists4 ,as far as fighters were concerned1 production of those1 when it was removed from under my care1 had increased by only about ten percent1 although '#cg1 '#ch1 '#ci1 '#dj1 '#da--;four years--five years--had elapsed4 ,the saddest fact was that among those #hjj there were only #bjj fighter aircraft1 although both on the ,british front and in the ,east1 fighter planes were necessary4 ,the ,russians had at their disposal a very large number of bombers1 and even if they were an elderly type1 after all1 we did have to have fighters to keep them in check1 and since the transport extended from the ,north to the ,south over #b1jjj kilometers1 a large number of fighter units had to be used in that campaign4 ,this arm could not be supported with #bjj fighters4 ,we needed more4 ,the demand which ,i found from the ,general ,staff1 which of course made all demands and had them confirmed by ,goering1 amounted to a total of #cfj fighters which were to be obtained in #aidb4 ,it was said yesterday that immediately ,i ordered a considerable increase4 ,several figures have been mentioned by various witnesses4 ,actually1 these increases were not decided upon in one day4 ,to begin with1 it was to be doubled and a few days later ,i said1 8,let's make it #a1jjj2 that's a round number10 and later1 in fact1 there were #c1jjj and later even we planned #e1jjj4 ,we knew at about that time just what we had to expect from our enemies4 ,we knew the types they had4 ,america1 in the initial period1 still published their production figures correctly subdivided according to types1 and we also had an excellent intelligence1 and from analyzing aircraft that had been shot down and from the numbers which were coded1 and which could be deciphered by an expert right away1 we could discover right to the very last number what they had produced4 ,that was production that had been actually carried out1 and the figures found in the ,united ,states were not fictitious4 ,industry1 although with a certain amount of reticence and difficulty1 but certainly afterwards quite clearly fulfilled these figures4 ,i still know exactly that the plan ran to about #h1jjj aircraft1 and was achieved1 and that figure included four-engine bombers4 ,production under ,britain's rearmament1 too1 was learned in detail1 and ,i remember at the time ,great ,britain was either already producing #hjj four-engine bombers a month or was just about to produce that number4 ,you could calculate from that the number1 the quantity of bombs which could be brought to ,germany1 and regarding the function and size of the bombs1 of course we knew about that too4 ,this was1 of course1 the reason that previously as ,inspector ,general ,i demanded that the entire force should be built to defend our home country1 this being the fundamental principle of warfare1 since without armaments and life at home1 battles at the front were unthinkable4 ,i shall later have to come to this question in more detail because ,i am probably the man who remembers this most accurately1 and as long as ,i am still about ,i would like to state this clearly once again1 because this is one of the most important questions which probably existed in every war4 ,this was the biggest struggle that went on1 and as ,i look back on it today ,i am surprised that ,i did not despair over that struggle myself4 ,q4 ,witness1 those measures which you planned1 were they dictated by the thought that with the campaign against ,russia the situation of ,germany would become desperate8 ,a4 ,as ,i said earlier1 the war on two fronts was the stab in the back of this war as far as ,i was concerned1 that ,i thought excluded victory once and for all1 and the only remaining question now was just how badly fleeced we might escape from this whole affair4 ,it was no longer possible in my opinion to end this war by force of arms4 ,it was only possible by means of arms to attain a somewhat satisfactory final position on the strength of which political and diplomatic steps would have to take place4 ,in order to achieve such a final position it was necessary in the first place that ,germany should be protected against destruction1 because once the war potential was destroyed it was immaterial whether the fronts collapsed a little earlier or a little later4 ,they could not be held any longer4 ,this thought1 unfortunately1 was not understood by our leaders1 or rather they did not agree with it and turned it down and just did not come to it4 ,the end did not come until there was hardly one stone left intact4 ,q4 ,witness1 in this connection ,i should like to ask you to show the correctness of your present report and to prove that from the very start you had these thoughts1 and to submit to the ,tribunal the remark you had made in your diary when the ,russian campaign started4 ,a4 ,i wrote in it1 8,the attack against ,russia3 the first day #a1hjj aircraft destroyed1 mostly on the ground4 ,the ,russians left them there4 ,they didn't expect that we would attack4 ,they overestimated our intelligence40 ,q4 ,what did you want to say by these words1 8,they overestimated our intelligence80 ,a4 ,well1 the ,russians might have thought that no opponent would be so foolish and so stupid to attack them now and create a war on two fronts4 99 99 99 99 99 ,march #ac ,q4 ,witness1 do you know at what point the ,central ,planning ,board was ordered and how did the creation of this institute come about8 ,a4 ,its creation must have taken place during the last days of ,march #aidb4 ,it originated from a discussion which ,speer had with ,hitler in the latter's headquarters4 ,at the time when ,speer had taken over armament there was no higher authority which was acting according to clear-cut points of view when distributing raw material4 ,until then we had been receiving raw material through a certain department of the ,,okw4 ,this department in turn had been getting it from the ,four ,year ,plan4 ,the ,,okw was distributing to the army1 navy and air force but this department had no expert knowledge4 ,consequently the continuity of armament suffered under this4 ,speer quickly recognized the state of affairs and without my having previous knowledge of it he tackled this question when talking to ,hitler4 ,as a result ,hitler appointed ,speer as the central planner for this subject4 ,subsequently ,speer made the request that ,i should take on this task together with him1 since ,speer had been in the armament business rather briefly and since he said ,i would be able to help him--at least this was the way ,speer discussed the matter with me shortly afterwards2 ,i1 myself1 hadn't been at that conference4 ,following this1 on #b ,april #aidb1 ,speer and ,i together went to see ,goering since ,speer considered that this task1 which1 after all1 was connected with the ,four ,year ,plan1 should be discussed with ,goering4 ,goering expressed agreement but he demanded that a representative of ,state ,secretary ,koerner1 who was in official contact with the ,four ,year ,plan should enter the ,central ,planning ,board4 ,i know that ,speer said at this point3 8,it seems to me three are rather too many for this job01 and ,i said 8,well1 ,i am only too willing to drop out4 ,i have enough work as it is10 and ,speer interfered and said that was out of the question4 ,goering said3 8,no1 it is my view that there can be three40 ,that is how the composition of the ,central ,planning ,board was realized4 ,i can anticipate at this point that very much later ,minister ,funk joined the ,central ,planning ,board as a force which was done at the instance when the so-called 8,war ,production0--and in this case we are not talking about the armament business but civilian requirements and the like--was transferred from ,funk's ,ministry to ,speer's ,ministry4 ,q4 ,witness1 did you1 within the framework of the ,central ,planning ,board become the armed forces' or air forces' representative8 ,a4 ,no1 right at the very beginning that had been decided upon by ,hitler that1 namely1 that in no way was ,i to look after my own interest there1 that is to say1 the interest of the air force1 that ,i should be above the ,party4 ,later on there were demands from the navy1 which had not known about this arrangement4 ,they1 too1 wanted to have a representative in the ,central ,planning ,board4 99 99 99 ,q4 ,witness1 what were the actual tasks of this ,central ,planning ,board8 ,a4 ,the tasks had been communicated to me by ,speer and had been confirmed through ,goering4 ,there was only distribution of raw materials to all holders of priority permits4 ,q4 ,witness1 what is what you call the 8holder of a priority08 ,a4 ,well1 the armed forces are such priority holders1 and within the armed forces the navy1 army1 and air force are holders of these priorities4 ,the coal industry holds these priorities2 the steel industry2 the textile industry2 the ,german cities and municipalities1 for their municipal requirements2 the power supplying industry4 ,q4 ,what about agriculture8 ,a4 ,most certainly agriculture1 for agricultural machinery requires steel1 requires coal1 requires all sorts of things4 ,altogether1 the forms according to which we used to distribute1 and which contained the word 8armament0 on the left1 contained on the right all the civilian purchasers1 all the buyers4 ,there were approximately #dj to #de civilian holders of these priorities4 ,q4 ,but then what did the ,central ,planning ,board have to do with the ,four ,year ,plan1 to which there seemed to be some sort of formal connection through ,speer8 ,a4 ,the ,central ,planning ,board as such had nothing to do with the ,four ,year ,plan2 only ,speer1 in his capacity as ,armament ,minister4 ,q4 ,did you ever report to ,goering about the ,central ,planning ,board8 ,a4 ,no1 with the exception of that first meeting on #b ,april #aidb1 when the matter was reported to him4 ,apart from that meeting1 ,i have never talked to him or with him about the ,central ,planning ,board4 99 99 99 99 99 99 99 99 ,q4 ,from whom did the ,central ,planning ,board have instructions8 ,a4 ,directly from ,hitler4 ,q4 ,through which channels were they given8 ,a4 ,speer was with ,hitler practically every week1 for the reason of army supplies1 or other questions1 sometimes staying with ,hitler for several days4 ,on such occasions ,hitler would mention his most important problems4 ,for instance1 he would mention the sequence of priorities of the various armament branches1 which ,i explained to you yesterday4 ,quite automatically1 through this1 the approximate priority ratings were laid down4 ,however1 within the individual spheres1 because of the events of the war1 there were current changes3 ,at one moment one type of tank1 and then at another moment1 another type of tank2 or first one type of gun1 and then another type of gun1 would be more important4 ,that1 of course1 necessitated considerable rapid changes in the allotment of raw materials4 ,that was the case1 and to an even stronger degree1 in the case of munitions1 so that currently1 probably during every such conference which took place in his office1 ,hitler used to express special wishes1 which of course meant orders for us4 ,i personally took part in such conferences on nine occasions4 ,occasionally ,speer would take me along to have me appear on the stage there1 as he would put it4 ,however1 that ceased almost completely during the last years4 ,anyway1 ,i know for certain1 according to my documents1 that ,i was there nine times4 ,let me add at this point that ,state ,secretary ,koerner#ada was never there4 ,speer did not think that it was necessary for him to be taken along1 and ,koerner would not impose his presence either4 ,q4 ,so that during such a meeting for the receiving of orders of the ,central ,planning ,board1 ,koerner was never there8 ,a4 ,no1 he was not there1 and he did not know about it either4 ,he didn't know1 therefore1 how strongly ,hitler interfered in this sphere by giving orders4 ,q4 ,but didn't you always report to him1 either you or ,speer1 in the case of the meetings of ,central ,planning ,board8 ,a4 ,it might have come as an aside during the meetings2 one of us might have said1 usually ,speer1 8,hitler has given this or that order10 but that wasn't anything very noticeable to ,koerner4 ,q4 ,was it only because of the ,central ,planning ,board that ,speer went to see ,hitler8 ,a4 ,no1 that was one very small portion of all the other discussions1 because ,hitler was interested1 to an extraordinary degree1 in army armament1 and even right down to the most minute detail4 ,he himself decided1 on his own initiative1 the thickness of armor on armored fighting vehicles2 he decided upon the caliber and type of gun which should be fitted to tanks2 he decided the thickness and the caliber of antitank defensive armor2 he himself laid down1 personally1 the supply rate of ammunition for every type of gun4 ,i had an awful lot of difficulty with him over antiaircraft ammunition in that connection1 since ,hitler would never depart during that time1 from anything which he had once laid down4 ,he had changed a great deal from his prewar days4 99 99 99 99 99 ,q4 ,witness1 it is your opinion that even this first record of the ,central ,planning ,board meeting is inexact and does not correspond with the true discussions which took place8 ,a4 ,may ,i state quite basically in connection with this that ,i hardly ever had my deputy with me when ,i went to the meetings2 he had a lot of other assignments and their meetings went on for several hours4 ,koerner's deputy1 the representative whom he brought along1 always kept the minutes in the sense of observing ,koerner's meaning4 ,sometimes ,i did read through these brief minutes1 and ,i might say that ,i pointed out to ,koerner and ,speer that facts always seemed altered considerably1 but all three of us used to laugh about it1 and with a flick of the wrist we used to consider it quite unimportant to have these minutes altered afterwards because all of these minutes appeared of no importance whatsoever4 ,what was important were decisions of the ,central ,planning ,board1 and they were taken down most exactly1 and they contained to my knowledge only contingencies of raw materials such as we had distributed4 99 99 99 ,q4 ,witness1 on this occasion we might touch upon the value or lack of value of the so-called verbatim minutes1 now that we have come to this subject1 don't you think8 ,these verbatim minutes1 which are very comprehensive1 very voluminous1 even with reference to one meeting1 there was a whole volume it seems4 ,were they examined8 ,a4 ,no4 ,that wasn't possible4 ,i might have examined one or the other minutes at the beginning1 and ,i did on one occasion try to make improvements1 but ,i found that it contained so many mistakes that the time of reading and improving them would have amounted to fifty percent more time than the actual meeting4 ,these meetings often went on for four or more hours or so1 and ,i really did not have the time to sit down for something like six hours afterwards in order to put the minutes right4 ,i know that there wasn't any one who read through them1 and ,i didn't really know why these records1 these verbatim records1 were prepared4 ,i thought perhaps it was a question of supervision for us1 and ,i had no cause to state that ,i would not allow myself to be supervised4 ,if you went to the pains of having one stenographer who would do nothing but write1 but who was stumped by the fact that we sometimes spoke too quickly or not too clearly2 a stenographer who often sat far away from the man who was speaking1 or who didn't know the name of the man who was speaking1 there was bound to be a lot of muddle in that respect4 ,he didn't know whether the man who was sitting on the left was talking or his neighbor on the right1 and one mistake after another occurred4 ,i gave it up pretty quickly after looking through these minutes4 ,i once asked the others whether they read through the minutes and they just laughed at me1 and said that they had more and better jobs on hand1 and ,i said so had ,i4 ,q4 ,witness1 you have just said that these stenographers who sat on the side could quite often not even distinguish between the speaker1 whether it was he or his neighbor4 ,what was the custom2 did you remain seated while you were speaking1 or did one always rise8 ,a4 ,no1 no1 we all stayed seated2 we all remained seated and the stenographer couldn't always see who was speaking because on certain occasions a lot of people were there4 ,if you invited one man to a meeting in ,germany1 then possibly he always brought his entire staff along so that he could answer all the questions2 and if you invited one1 sometimes fifteen or twenty showed up4 ,i sometimes asked whether these men didn't have anything else to do because we were not really concerned with details1 only with the basic1 larger points1 and they used to say1 well1 everybody is invited4 ,q4 ,witness1 did it happen that specific orders were given to stenographers to alter certain points or omit them8 ,so that apart from accidental mistakes1 deliberate mistakes were being made8 ,a4 ,i have recollections of many occasions that ,speer1 who used to sit next to me1 would shout to the stenographer across the room and say1 8,leave that out1 what the ,field ,marshal just said40 ,unfortunately1 notorious before this ,tribunal are the expressions and words ,i used1 which were not always too carefully chosen4 ,i have always said during my entire life what came to my mind at the moment1 and ,i1 as a soldier1 was never taught to hide my opinion4 ,but sometimes1 in order to refreshen sometimes boring meetings1 ,i used rather forceful language to shake up the others a bit so that they would at last come out with their true opinions1 because many of the people were only there as experts on individual points4 ,quite often ministers were there2 even in ,germany a minister and a field marshal have a fairly high-ranking position2 and the ,german is rather more inclined to speak too much than too little4 ,now1 if they found that ,i too would use strong expressions on one occasion1 or another1 then they would loosen up a bit and they would start talking1 since they felt that ,i had let go too4 ,i was keen to have clarity1 and that the cat wouldn't always run around the hot porridge1 because1 after all1 we had to know the truth and the real background4 ,since ,speer was much more cautious and much more courteous1 never having been a soldier1 ,i could allow myself the exhibition of freedom1 and unfortunately ,i did4 ,q4 ,yes1 unfortunately4 ,so that statements of that kind of yours were either stricken or they were altered8 ,a4 ,that warning of ,speer's only came into force if ,i stated my criticism of the higher leaders too severely4 ,if1 for instance1 somewhere ,hitler had given assignments or orders which1 to my view1 were wrong1 or even as to orders coming from ,goering or other people1 the ,minister of the ,interior or the ,minister of the ,police or some other person1 then ,i even here would state my frank criticism amongst these people4 ,usually ,i didn't have any other possibility to state my deviating opinion1 and ,i had the inner urge to say it out aloud4 ,speer1 in my interest1 would have it struck out1 and he told me a few times afterward1 8,for heaven's sake1 do be careful4 ,they will hang you one day40 ,but of course he meant by the ,german side4 ,sometimes when ,i myself became aware of the fact that in my criticism of these high-ranking gentlemen ,i had gone too far1 ,i would say to the stenographer1 8,leave that out40 ,and on one or two or three occasions ,i said1 8,change it4 ,put someone else in there as having been referred to10 because ,i myself discovered--mind you1 ,i wasn't always aware that ,i criticized too severely1 but since ,speer told me so a few times1 ,i controlled myself a little more--that ,i had said too much and that it was a mistake1 and so ,i intervened myself4 99 99 99 99 99 ,q4 ,witness1 after our discussion concerning labor questions1 in connection with the decree concerning the ,central ,planning ,board1 ,i want you to answer my question now1 whether and what powers the ,central ,planning ,board had with reference to the ,plenipotentiary ,general for ,labor1 ,sauckel8 ,a4 ,the ,central ,planning ,board had no power to issue orders to ,sauckel4 ,q4 ,who was it that gave ,sauckel's orders8 ,a4 ,sauckel's office had been formed by ,hitler's ,decree4 ,however1 after that it was taken into the ,four ,year ,plan1 so that formally ,sauckel was under ,goering immediately4 ,however1 he received his orders from ,hitler himself4 ,q4 ,as you said1 the ,central ,planning ,board had no powers toward ,sauckel8 ,a4 ,none whatsoever4 ,q4 ,however1 don't you know that ,speer tried to win influence over ,sauckel8 ,did that occur in his capacity as a member of the ,central ,planning ,board1 or did that occur in his capacity as ,armament ,minister8 ,a4 ,it only occurred in his capacity as ,armament ,minister4 99 99 99 99 99 ,q4 ,witness1 on this occasion ,i would like to ask you1 what then do you know about these concentration camps during the war8 ,a4 ,i only knew of two concentration camps1 namely1 ,dachau and ,oranienburg4 ,i visited ,dachau personally in #aice2 in other words1 before the war4 ,that was the only time that ,i visited a concentration camp1 except for now as a prisoner of war4 ,what there was inside the concentration camps ,i do not know4 ,in #aice there were only ,germans in there2 and ,i was very much surprised to learn after the collapse of ,germany that there were also foreigners in the concentration camps4 ,i did not know that4 ,i am quite convinced that none of my collaborators knew about these things in the concentration camps4 ,we had been told at the time that in these concentration camps criminals of various categories were being detained4 ,what ,i saw in #aice were habitual criminals4 ,i thought it a very good idea that these people be not allowed to walk around freely4 ,when we were there these people had to tell us their sentences2 and there were several barriers full of people1 and there the average criminal record was twenty to thirty times rape of small children4 ,therefore1 ,i1 being a father1 believed that it was best for these people to be locked up4 ,however1 ,i know that there were political people there2 and ,i saw them1 too4 ,there my opinion differed4 ,but ,i was told that those people were there on a temporary basis and would only be kept in there for a longer period of time if they actually committed active sabotage against the state4 ,at ,dachau most of the political people who were being detained there as prisoners in #aice were members of the ,,sa1 on account of the ,roehm ,putsch in #aicd1 and that was the basis and reason for their being there4 ,i should like to add that ,i asked to be allowed to visit that concentration camp at the time1 together with other officers of my branch1 in other words1 of the ,luftwaffe1 because during my meetings and conversations with foreigners1 ,i repeatedly heard the statement1 particularly from the ,british1 8,we understand your ,hitler's system very well4 ,there was no other way for you to go4 ,however1 we do not understand your concentration camps40 ,that is why ,i decided to get some sort of a picture for myself by seeing the camp4 ,it took a little while1 but finally ,i got the permission to visit the concentration camp4 ,that at the time was my only contact with the question4 ,q4 ,what was your impression of the camp8 ,was it clean8 ,a4 ,in #aice1 well1 yes1 at that time it looked very well4 ,there were good barracks1 absolutely waterproof1 with two cots1 one above the other4 ,our barracks always had the same system anyway2 and ,i was the only one to get that principle in the ,luftwaffe1 so that there was quite a revolution among the soldiers in the army4 ,i witnessed one of their meals4 ,there was a good portion of food1 meat1 vegetables1 potatoes1 quite a lot of soup4 ,the people were thus well-fed4 ,of course1 they had to work4 ,the work they did was not an easy task4 ,cleanness was noticeable4 ,the beds had sheets with a special design on them4 ,the entertainment of the people was taken care of4 ,there was recreation4 ,they had a special room where they could hold speeches4 ,they had facilities for writing and reading4 ,there was an excellent library there which even according to its size and contents was very interesting4 ,i looked through the index one time4 ,the man in charge of the library was a ,gruppenfuehrer of the ,,sa and also a concentration camp inmate4 ,i saw the bakery1 saw the butcher shop4 ,at that time ,i am sure that there were no cruelties and no inhumane equipment of any kind4 ,of course1 ,i could not speak to these same individuals and ask them how they like it in there4 ,we were allowed to talk to these people2 but each of them was allowed only to say what his sentence was4 ,q4 ,did you see what kind of work these inmates had to do8 ,a4 ,that was very hard4 ,they worked on their own equipment1 ,i believe1 not only for the camp but for all sorts of purposes and for the ,,ss4 ,in other words1 they made furniture for themselves and for the ,waffen ,,ss for instance1 cupboards1 chairs1 stools1 tables4 ,they also had a locksmith shop there4 ,as far as ,i know they did work outside the camp as well4 ,i believe there were special commands for cutting down trees2 there were special commands for splitting stones4 ,however1 ,i cannot go into detail because ,i inserted this visit into one day--it was in the afternoon after ,i had an inspection of the troops in ,munich1 which inspection ,i finished about #i3cj in the morning1 and at four o'clock in the afternoon ,i had another inspection to carry out of the ,luftwaffe1 and in between ,i saw the camp4 ,i myself ate or tasted the food which the ,german inmates had1 and ,i thought it was very tasty1 good1 and sufficient4 ,q4 ,witness1 at a time following that1 did you ever hear1 even if only rumors1 that inhumane acts were being committed in the concentration camps8 ,a4 ,i cannot remember that anything had been mentioned in that connection--anything that had anything to do with the truth or that seemed like the truth4 ,i can confirm the fact that there were quite a few rumors during the war4 ,however1 all our efforts to find where these rumors originated were not successful4 ,we were not able to find out anything at all4 ,i had very few connections with the ,,ss itself4 ,q4 ,i shall come back to the ,,ss later on4 ,now1 ,witness1 as witnesses have said1 you yourself saw to it that persons in concentration camps were freed1 or were not committed to the concentration camps4 ,can one not draw the conclusion from that that you were of the opinion that it was not very good in the concentration camps2 that bad things were happening there1 because in general one who has committed a criminal offense is not protected from imprisonment8 ,a4 ,at the beginning ,i was quite convinced that these concentration camps were just a temporary measure4 ,i knew from the press that they had done the same thing in ,italy under the ,mussolini regime1 and that then1 after a few years1 these institutions had been dissolved--at least that's what ,i heard at the time--and1 since many things were being imitated here in ,germany which ,mussolini's ,italy had done1 ,i saw at that concentration camp nothing but such an imitation4 ,that certain abuses would occur there1 ,i could understand1 because1 after all1 the ,national ,socialist movement itself1 in its early beginnings1 was a revolutionary group4 ,even if it weren't so1 at least that's what people said4 ,i thought that these things were only the childish diseases of the new regime4 ,however1 if ,i ever heard anything1 if anything was brought to my own personal attention1 then ,i thought it my human duty to help4 ,that the parents of anybody who is sent to a concentration camp or something are always convinced of his innocence1 can be understood and every one of us today knows how unpleasant that is4 ,however1 certain other reasons prevailed at the time1 when a family wrote3 that is probably the case with one of the cases which was submitted here in an affidavit4 ,the main reason was not that the man was a ,social ,democrat leader4 ,no4 ,he was blamed for other things1 and they had to be cleared up4 ,that is why my help took a little bit longer here1 and ,i believe that the man was vindicated4 ,the reproaches which they made to him1 and which came from those greatest pests whom we had at the time1 the informers1 had to be refuted by bringing counter-evidence4 ,q4 ,that's enough1 ,witness4 ,now such people were taken out of the camp by you4 ,then ,i'm sure that they came to see you and thanked you for it8 ,a4 ,no4 ,they didn't do that and ,i did not pay too much attention to that4 ,i told their parents and their relatives to restrain them from doing that4 ,maybe they wrote a letter though1 sometime1 but ,i did not do it in order to get their thanks and appreciation4 ,q4 ,witness1 didn't you ever speak to anybody who had been released from a concentration camp and who then would have given you more details about the concentration camp8 ,a4 ,i never spoke with anybody who had been released from a concentration camp--at least1 not that ,i know of4 ,i never spoke with anybody about his experience in a concentration camp4 ,however1 during my captivity1 ,i heard through other people that no one else ever heard about such things either1 because these people were not only prohibited from speaking1 but they were also so scared that they followed that order to the very letter4 99 99 99 99 99 ,q4 ,witness1 you also visited factories1 didn't you1 and you saw eastern male or female workers there1 didn't you8 ,a4 ,yes4 ,q4 ,what was your opinion about these people4 ,didn't they complain to you or anything8 ,a4 ,i regarded it as absolutely natural that whenever ,i visited a factory it was natural for me to talk to these workers1 even if1 in my official capacity1 ,i had nothing to do with that question4 ,however1 as a soldier ,i was accustomed to act in that way4 ,on each occasion ,i asked them how they were1 how the food was2 ,i looked at the people and ,i saw how they were clad and what kind of an impression they gave1 generally speaking1 whether they looked healthy1 whether they looked satisfied or not4 ,i saw ,russians1 and also ,russian prisoners of war4 ,then ,i saw ,russian female civilian workers1 namely1 ,ukrainians4 ,i saw ,frenchmen1 namely ,french civilian workers4 ,there could have been prisoners of war among them1 but they were wearing protective overalls over their clothes4 ,there could have been workers from ,slovakia1 who considered themselves our allies1 but they were very1 very few4 ,then there were quite a few ,italian workers there1 those who had come on a voluntary basis at the time2 those so-called 8,imis0 7,italians who revolted against ,mussolini and were sent as prisoners of war to work in ,germany7 ,i did not see4 ,q4 ,did eastern workers1 male or female1 ever complain to you concerning their work8 ,a4 ,no1 they did not4 ,on the contrary1 the general impression of these female ,ukrainians who worked on the ,junker #eb's was a very pleasing one4 ,the girls were singing2 they were well fed2 they were well dressed2 and they answered my questions in a nice1 cheerful way4 ,i spent about #bj minutes with these girls4 ,there were quite a few pretty ones among them1 and towards the end they flirted with me1 and the girls were laughing all the time4 99 99 99 99 99 ,q4 ,witness1 ,i will now enter into the question of what the ,central ,planning ,board has to do with labor questions at all8 ,a4 ,the ,central ,planning ,board had considerable difficulties connected with the question of getting raw materials4 ,the acquisition of raw materials was originally the tasks of the ,ministry of ,economics and then of ,speer in the ,armament ,ministry4 ,on such raw materials depended the armament program4 ,the pacemaker among all these raw materials for the armament program was steel1 but the pacemaker in turn for steel was coal or coke production4 ,that was the biggest bottleneck1 since1 unfortunately1 during the first years of the war the youngest and strongest age groups of miners had been called up for military service4 ,hitler had given us the order to develop a steel production program amounting to #c4b million tons per month4 ,this was to be done by ,speer1 and ,speer had succeeded in reaching the figure of #b4f million tons1 but that was the maximum4 ,hitler's armament program1 however1 had been based on the figure of #c4b millions4 ,hitler had demanded these armament programs and the experts had calculated the amount of steel they needed for those programs4 ,we in the ,central ,planning ,board discussed the possibilities of getting up to #c4b million tons of steel1 and ,speer being the man for that part of the production1 ordered the men from the steel manufacturers' union to come and see him in a conference in which all steel problems1 through the self-administration of the industry1 were dealt with4 ,speer was in agreement with me1 this is an aside which ,i must add1 to the effect it was a mistake to direct industry through the state1 but that industry ought to govern itself through committees of their own1 coming from their own ranks1 and in this sense of course1 these main committees and rings which we have talked about must be understood4 ,these gentlemen from the ,reich ,association ,iron stated that the possibilities existed that #c4b million tons of steel could be manufactured1 subject to certain conditions4 ,in that connection the main prerequisite was a very much larger allocation of coke4 ,apart from that they wanted certain additional matters for their own production1 some labor too4 ,i remember the question of smelters which was submitted at the time4 ,i am not an expert1 but at that time ,i did gather that we were concerned with specialists with very considerable ability and knowledge1 since otherwise a few handful of men wouldn't have been brought into our conversation4 ,at any rate1 the main problem was coal4 ,speer1 anyhow1 during one of our conferences1 sent for the men representing the coal industry4 ,such a ,reich ,association ,coal had existed for some considerable time4 ,these people stated that there was enough coal in the mines but that human manpower was lacking to bring it up4 ,speer in his capacity as ,armament ,minister now asked them to tell him in writing what was needed4 ,now1 these men apparently reported the figures regarding workers they had1 and during those conferences with the coal representatives1 always1 of course with reference to the question of steel1 it was stated that all efforts on the part of the ,armament ,ministry would have to fall down because of the labor shortage4 ,speer1 as he told me1 mentioned this to ,hitler dozens of times4 ,it was here for the first time that various controversies arose between ,speer and ,sauckel4 99 99 99 99 99 ,the first difficulties between ,speer as ,armament ,minister and ,sauckel came to ,hitler for decision4 ,speer said1 8,i'm short of workers04 ,sauckel said1 8,i have fulfilled all your demands01 and as proof he submitted his figures4 ,between the figures which ,speer had and those which ,sauckel had1 no comparison was ever possible4 ,they were based on different suppositions4 ,speer was unable to obtain the basis for the figures which were at ,sauckel's disposal4 ,in their conflict ,hitler took the side of ,sauckel4 ,he wished thereby to exercise pressure on ,speer to increase armament4 ,speer was unable to do so because he did not have the workers who had to produce coal4 ,this struggle went on through the years4 ,at first ,speer still hoped that ,sauckel would still bring the workers into his factories until in the summer of #aidc he gave up this hope4 ,in the ,central ,planning ,board this1 of course1 was discussed1 and it was also discussed how much steel we could obtain for the next three months and how we could distribute it4 ,always there was this contrast between the figures--,hitler wishes to have #c4b million tons of steel2 we can only distribute #b4f millions because ,speer is quite unable to produce more4 ,the consequence was again that ,hitler reproached ,speer for not producing more steel although ,sauckel had supplied the workers4 ,the ,central ,planning ,board was not responsible for the quantity of raw materials at his disposal4 ,speer asked me to give him my support in this question4 ,i did so quite frequently in the meetings and also when ,i reported to ,goering because we wished to convince ,goering that we did not have the workers so that ,goering would intervene with ,hitler in that sense4 ,but ,i was unable to obtain ,goering's support4 ,goering took ,hitler's side1 and he said1 8,the workers are there04 ,all that was left now was for ,speer in the first line and we ourselves who wished to help him in the second line to attack ,sauckel4 ,sauckel escaped all meetings for a long time4 ,sometimes he sent a representative1 and in some cases he himself appeared1 but he and his representative pursued the same policy by giving us a lot of figures and alleging they had fulfilled everything4 ,our doubts in these figures increased4 ,hitler became more and more impatient and the reproaches for ,speer towards the end of #aidc became insufferable4 ,whereas ,hitler supported ,speer until roughly the middle of #aidc and regarded him as one of the first collaborators1 the relations became much more cool later on1 and ,i explain that mainly through this conflict4 ,i myself had the same annoyance both with ,goering and with ,hitler1 who maintained in opposition to me that ,i had been given all of the workers4 ,our mood wasn't very nice about this1 obviously because although we had no personal ambition we did not wish to be blamed for something that we were not responsible for1 bad armament1 and to have stated that because of bad armament the war had been lost4 ,that reproach1 of course1 we could foresee1 and it was obvious that we fought against it with every means within our disposal4 ,we felt ourselves to be quite innocent in this field1 but in order to prove our innocence1 we were missing one link in the chain1 and that was to show beyond doubt that ,sauckel's figures were untrue4 ,they were not wrong by accident2 they were deliberately forged1 in our opinion1 because ,sauckel wished to impress ,hitler with his own efficiency in his ability to fulfill all the demands of ,hitler in the sphere of labor4 ,sauckel pursued that policy up to #d ,january #aidd4 ,only when there was a conference with ,hitler on #d ,january #aidd1 of which ,i was a participant1 did he there say for the first time to ,hitler1 8,up to now ,i always fulfilled all your demands1 my ,fuehrer4 ,whether that will still be possible with the new demands of four million workers1 ,i can no longer guarantee40 ,q4 ,witness1 we will come later to this conference4 ,now1 ,i ask you to go back to answer one question4 ,did the ,central ,planning ,board have authority to request labor and to distribute it8 ,a4 ,a clear 8no0 to both parts of the question4 ,the question of labor was discussed in the ,central ,planning ,board only in the interest of ,speer because ,speer needed help and knew ,i would always give him my support4 99 99 99 99 99 99 ,i may claim1 for example1 that throughout my activities1 anyway shortly after the beginning of the war1 that is to say1 on #i ,november1 there were about sixty production managers of factories--no1 not managers but so-called men of trust ,vertrauensmaenner1 elected by workers--these men came to me and ,i found out they wanted to ask me to get their rations increased4 ,at that time the whole nutrition was based upon lower rations2 these people in our high industries were not entitled to the supplementary rations for heavy workers1 and these people explained to me that now that there was a war1 and they were forced to work in different factories from peacetime1 their housing was much further away from their places of work1 and in the morning and at night they had to travel longer2 and1 therefore1 their food was insufficient4 ,that gave me the idea to apply for a new supplementary ration and as we became very set in this question1 it became possible to achieve that supplementary ration which was now for the benefit of all workers4 ,and ,i have now gotten hold of documentary evidence that supplementary rations were also given to foreign workers2 that was a supplementary ration for foreign workers working long hours4 ,as this documentary evidence shows it is an affidavit actually the food of ,german and foreign workers was the same4 ,but ,i also wanted to say that it is quite possible that there are cases where this principle was not observed1 but that was against the will of the ,german ,government if it happened4 ,q4 ,witness1 that means that neither the labor office nor the ,armament ,inspectorate were under your supervision1 as the ,,gl4 ,a4 ,yes that is quite correct4 ,q4 ,but ,speer has testified that until the very end you did not renounce the command of the air industry4 ,what could you say to this effect8 ,a4 ,if ,speer should mean that my personnel official1 in the way ,i described before1 talked with his1 ,speer's armament office1 once a month1 then it is quite correct2 but my officials might have used these occasions1 and how far he worked with my name on these occasions ,i do not know4 ,i hope he did so in order to get his point through4 ,i was never present4 ,i never heard how these negotiations went on4 ,should ,speer mean1 however1 that my work in that field was the same as his in his field1 then he makes a mistake1 for ,i did not have that organization nor did ,i have the task4 ,my field was only a very specialized one compared to ,speer's field4 99 99 99 ,i might add perhaps1 that ,speer did not know my organization2 of course we never discussed it4 ,he knew1 of course1 that ,i had a technical office2 he knew that ,i had a planning office1 and he also knew that ,i had an economic department for the contracts of industry4 ,after all1 he fought a battle to take the whole economic department into his sphere1 and when ,i said he couldn't possibly do it1 he waited until the whole armament industry came under his charge4 ,we two always settled everything in a friendly manner after that up to the last moment4 ,even if there were a certain amount of conflicting interests1 which sometimes were quite considerable1 particularly between our subordinate officers--there were quite severe battles between those subordinate officers at times--but we always poured oil on the troubled waters1 ,mr4 ,speer and ,i4 ,q4 ,witness1 but couldn't it be1 that in the sphere of the ,central ,planning ,board in presenting the labor demands of your industry1 you spoke for your own interests8 ,a4 ,i cannot recall1 and ,i have read some of the records1 but in not one of them1 there is not one word said that ,i had any special demands for the ,luftwaffe4 ,apart from the fact that once or twice ,i remarked that ,i was equally badly off1 that ,i didn't get anything1 but that doesn't mean that ,i was looking after my interests in the ,,gl4 ,if ,i talked about workers at the ,central ,planning ,board1 ,i did so at ,speer's request1 to give him in the armament industry all the support4 ,speer was particularly pleased when ,i played the wild man and became a little strong4 ,he once told me1 8you are much better at this than ,i am2 ,i am only a civilian2 ,i can't do it as well as you can04 ,and sometimes he pepped me up and said 8,speak a little more fiercely1 please01 which ,i was only too delighted to do for him4 ,that was meant to achieve something which you may wish to ask me about a little later on3 ,how we could get ,sauckel to speak clearly4 ,how we could get rid of the suspicion that we through our inefficiency cannot bring ,german industry up to the high level1 to the right level4 99 99 99 99 99 ,q4 ,witness1 during these conferences of the ,central ,planning ,board did it happen that the bulk of the workers was discussed1 or was it rather a question of bringing new workers into ,germany8 ,a4 ,no1 it was only the labor question as such1 only inasmuch as it was important for the increase of raw materials in accordance with ,hitler's order1 and indeed always as an attack on ,sauckel in order to get him to give us the people or to say he cannot do it4 ,as we knew he could not supply them1 our main demand which we wished to achieve was an open statement by ,sauckel1 8,i haven't got the workers whom you need04 ,q4 ,witness1 but if your air force industry1 for instance1 either the labor offices or the ,armament ,inspectorates had made requests to ,speer1 and when your planning office had checked these demands in order to find out what was really necessary and what was unnecessary1 was it a matter of proposing what kind of workers you wanted to have and what kind of workers should be distributed into these different production programs8 ,was it a question of deciding whether you needed ,german workers or rather more foreigners8 ,a4 ,we did that in one sense1 that for certain factories we simply had to have skilled workers1 which we asked for1 but never did we ask1 8,give us foreigners2 give us prisoners of war01 and so forth4 ,our wishes were to the effect to have ,germans1 but it was quite clear to us that there weren't enough ,german workers to fulfill the demands4 ,had they been available1 one needn't have used prisoners of war or recruited foreign workers or sent the prisoners of war to work unless they volunteered for it4 99 99 99 99 99 ,march #ad ,,judge ,,phillips3 ,the ,tribunal understands you to say that ,polish prisoners of war were changed into civilian workers and that you no longer considered them to be prisoners of war4 ,how were they changed into civilian workers from prisoners of war8 ,a4 ,personally ,i cannot give you many details about this because that happened as early as #aici1 and at that time ,i was not connected with the armament question4 ,how it was worked ,i do not know4 ,all ,i can imagine is that there was no longer a ,polish ,government and that the ,governor ,general gave the order2 whether any ,polish office was asked1 ,i don't know2 it is only in the files here that ,i found something about some ,polish regional authority4 ,i cannot give you any more clear details4 ,,dr4 ,,bergold3 ,may it please the ,tribunal1 perhaps ,i can clarify the matter4 ,,presiding ,,judge ,,toms3 ,let's let the witness clarify it4 ,witness1 you are an old soldier4 ,you have been a soldier for many years4 ,how do you transfer a prisoner of war into a civilian1 by discharging him8 ,a4 ,yes1 he must be released from being a prisoner of war1 and then there are various possibilities4 ,one possibility would be--and this was resorted to by ,germany--to make him a free worker and tell him that 8,you are being released1 but you must do some work4 ,that is the conditions which we put to you4 ,you are being paid properly1 and otherwise you live as a free man40 ,there is also another possibility1 which was the way chosen by the ,americans1 by which a prisoner of war is released and then regarded as an internee4 ,i think that that procedure is not quite so favorable for the man concerned4 ,q4 ,you just transposed them from prisoners of war to civilian prisoners1 then8 ,a4 ,no1 they were no longer prisoners4 ,they were properly released1 but they signed a document which obliged them to do some work for ,germany4 ,q4 ,you imprisoned them by a document instead of in a stockade8 ,a4 ,they were no longer locked up1 ,sir4 ,the ,polish workers--,i saw them in the country1 for instance--live quite freely4 ,q4 ,could they go where they liked8 ,a4 ,they could not change their places of work without permission4 ,for instance1 if they were allocated to a farmer1 they had to stay with that farmer4 ,only if there were special reasons could they change their place of work4 ,then they were transferred4 ,q4 ,that is what you call freeing them8 ,a4 ,it was not complete freedom1 but it was a better status than previously when they were prisoners of war4 ,q4 ,what would happen to one of these free workers if he walked away from his place of employment8 ,a4 ,sir1 that is what ,i do not know myself4 ,but may ,i say something else8 ,a ,german worker was not allowed to change his place of work either4 ,freedom for a ,german was not any bigger than freedom for a ,pole1 as long as the war lasted4 ,q4 ,the ,german went home to his family every night1 did he not8 ,a4 ,these ,polish soldiers--,i cannot speak comprehensively because ,i am not particularly well informed here--but those ,i saw were young people1 and they lived with the farmer's family4 ,q4 ,witness1 you don't mean to tell this ,tribunal seriously that the ,polish worker1 the former prisoner of war1 had the same freedom of movement that the ,german civilian had8 ,a4 ,i cannot speak on all fields of life because ,i do not know4 ,all ,i do know was that he was under the obligation to remain with his employer1 but1 as ,i said before1 the ,german worker had to remain with his employer4 ,q4 ,oh1 well1 we had that in the ,united ,states1 for that matter4 ,i still don't remember your answering my question3 ,what would happen to a ,polish worker who chose to walk away from his place of employment8 ,a4 ,i am unable to answer that4 ,i know of no such cases1 nor was ,i told about one4 ,,dr4 ,,bergold3 ,may it please the ,tribunal1 the defendant cannot know1 because he was a soldier1 what the ,polish worker had to do4 ,like the ,german worker1 the ,polish worker would have been punished and brought before a tribunal because he broke his contract1 and he would have received a small punishment4 ,thousands of ,german workers have been punished for the same reason1 and ,i have defended many a ,german worker for the same charge4 ,that would have happened--nothing else4 ,,presiding ,,judge ,,toms3 ,let me ask you1 ,dr4 ,bergold4 ,did you ever defend a ,polish worker for walking away from his employment8 ,,dr4 ,,bergold3 ,yes1 ,i did4 ,,presiding ,,judge ,,toms3 ,i have no inclination to dispute you4 ,,dr4 ,,bergold3 ,i defended quite a few foreign workers in wartime1 not only ,poles1 but ,frenchmen1 ,belgians1 and ,dutchmen4 ,,presiding ,,judge ,,toms3 ,oh1 maybe ,belgians1 ,dutchmen1 but ,poles--8 ,,dr4 ,,bergold3 ,yes1 definitely4 ,i am prepared to make that statement on oath1 ,sir4 ,,defendant ,,milch3 ,may ,i supply an observation of my own on the ,polish question8 ,shortly before ,i was taken prisoner1 ,i was in the country in ,schleswig-,holstein4 ,in that region the only foreigners there were ,poles4 ,those ,poles on the estate where ,i was1 perhaps #cj or #dj of them1 said that they did not wish to return home1 that they would ask to be allowed to remain on the estate just as did their colleagues in the neighborhood4 ,these people were dressed very neatly on ,sundays4 ,they looked very clean and healthy4 ,they could not be told from any ,german in the neighborhood there except for certain racial distinctions4 ,all of them had bicycles4 ,on that bicycle they went on ,sundays to the nearest pub and met their girl friends and danced1 and they told me themselves that never before had they been so happy as they were in ,germany4 ,that was at a time when the ,british were #ej kilometers away from their village4 ,,presiding ,,judge ,,toms3 ,perhaps that is why they were so happy4 ,a4 ,no4 ,they said that they did not want to leave there now4 ,they wished to remain4 ,q4 ,i think you misunderstood my point4 ,perhaps their happiness arose from the fact that the ,british were only #ej kilometers away4 ,a4 ,no4 ,i understood what you were trying to say1 ,sir1 but ,i also talked to the ,german employers there4 ,i was there in a totally private capacity1 and ,i knew these people quite well4 ,they were friends of mine1 and they told me that they were quite satisfied with their ,poles1 and they also said that the ,poles had done very good work and that the ,poles had asked to be allowed to remain after the collapse1 because in those days they did not wish to return to ,poland and they were quite well looked after here4 ,may ,i ask the ,court to believe me that we in ,germany were not all of us hangmen and people who delighted in other people's misery4 ,i may say here that ,i think that the majority of the ,german people are good-hearted and that they treat other people well and that these people did not know that in some isolated places there were isolated criminals who polluted our good name for a long time to come4 ,the people are suffering from that now1 and they will suffer in the future4 ,that is what depresses all of us the most4 ,otherwise1 one has to take the point of view that all ,germans are criminals and then it might be justified to hang the lot4 ,then1 please start on me4 99 99 99 99 99 ,,dr4 ,,bergold3 ,witness1 after this question was discussed1 you received information that this employment of foreign workers was admissible4 ,could you tell me now what you knew before1 prior to that moment1 concerning this question8 ,a4 ,i know that after the ,first ,war1 the question of deportation of ,belgium workers had been examined by a committee of the ,german ,reichstag4 ,i know that this parliamentary committee examined people like ,hindenburg1 ,ludendorff1 ,i think also ,mackensen and others2 and that many questions were discussed1 including that of ,belgian civilian workers4 ,as far as ,i can recall1 that committee was presided over by a man who had been given the ,nobel ,prize1 ,professor ,schuecking2 ,i think that was his name4 ,however1 ,i was very interested in it1 and closely followed it because ,hindenburg whom ,i worshipped1 was put before a court2 and as far as ,i can recall1 no sentence was passed upon that score2 and nobody was reproached that international law had been violated4 ,at that time the ,hague ,convention existed and the first ,geneva ,conference had taken place4 ,i am not very well informed1 but ,i think that was so4 99 99 99 99 99 ,q4 ,witness1 ,i shall now come to the #edth meeting1 concerning two points there4 ,witness1 during that meeting#adb ,sauckel mentioned that only a very small percentage of those sent to ,germany came on a voluntary basis4 ,this statement has been mentioned repeatedly in this trial and ,i want you to say something about that4 ,a4 ,i might say that ,i do not remember having heard these words from ,sauckel4 ,it is possible that ,i was not there at the moment when he said that4 ,however1 it is possible that ,i overheard that remark1 because during those long meetings1 we had discussions among each other4 ,we were also interested in other questions4 ,during those long meetings there was at least one meeting1 probably more1 during which our concentration was not quite what it should have been4 ,had ,i heard it1 ,i would have believed ,sauckel just as little as ,i believed all the figures he gave us1 because ,sauckel had stated the contrary not long before4 ,i know exactly it was not so long before that he had declared how well his system functioned and how he brought all these laborers on a voluntary basis4 99 99 99 99 99 ,q4 ,witness1 ,i shall now leave the meetings of the ,central ,planning ,board and come to single questions in that connection4 ,what do you know about the use of ,british and ,american prisoners of war8 ,a4 ,according to my opinion and as far as ,i know1 they went into the respective camps and they were not used for labor4 ,i never saw such a prisoner of war any place4 ,q4 99 99 99 ,what orders did you have toward the middle of ,january #aidc8 ,what orders did you receive from ,hitler8 ,a4 ,on #ae ,january #aidc1 in the evening ,i was called up and summoned to go to ,hitler's ,headquarters the next day for a special mission4 ,as far as ,i know1 ,i believe that it was ,general ,bodenschatz who called me to the ,fuehrer's ,headquarters4 ,the following morning ,i reported to ,goering1 who happened to be in ,berlin at that time4 ,goering knew that the question of food for ,stalingrad was involved4 ,stalingrad had been encircled for months1 and the whole ,sixth ,german ,army was in it4 ,on the #afth1 in the morning1 ,i flew to ,hitler's ,headquarters in ,east ,prussia2 and then ,hitler either in the afternoon or in the evening gave me the information that ,i should proceed to ,czechoslovakia immediately by air in order to supervise ,stalingrad's food supplies from there4 ,q4 ,witness1 make it a little more brief1 please4 ,a4 ,yes4 ,i tried to carry out this mission4 ,when ,i received the mission1 the last airfield had been lost4 ,the ,russians had taken them4 ,we looked for smaller places which were rather difficult to find there in those mountainous areas2 and within the next few days we succeeded in carrying out a considerable air lift of supplies4 ,however1 it was too late4 ,the resisting force of the defenders had broken down2 the people were starving2 they had hardly any vehicles or horses4 ,they could not get the food from the landing places for the planes because they were too weak to do so4 ,they could not carry the containers so that the air lift of supplies in the case of ,stalingrad could not be kept up after the end of ,january or the beginning of ,february4 ,q4 ,did you have a serious accident then8 ,a4 ,yes4 ,at that moment when ,i wanted to fly into ,stalingrad1 before ,i hit the airfield1 ,i was hit by a railroad engine1 and ,i was seriously injured4 ,q4 ,then you went back to ,hitler8 ,a4 ,i carried out the mission first4 ,then when ,stalingrad had fallen1 ,i withdrew and went to see ,hitler and told him that ,i could not complete my mission4 ,he told me1 however1 that it was not ,i who had not carried out the mission but that it was his fault4 ,he said he gave me the orders too late2 he had wanted to give the orders to me much earlier but had been talked out of it4 ,q4 ,witness1 during that occasion1 did you tell ,hitler your opinion about the war and the general situation of the war8 ,a4 ,it was on #d ,february when ,i reported back to ,hitler4 ,hitler on that particular day was very crushed due to the loss of ,stalingrad4 ,it was not possible to have a quiet talk with him4 ,he did not receive me at first1 or my chief of staff1 namely1 ,general of the ,tank ,corps ,model1 who had a corps within that fortress4 ,we both were under the impression that day that we would not be able to speak to him4 ,however1 he told me in a few words1 8,now1 go right ahead to your ,,gl task1 manufacturing4 ,now we will have transport planes in the first line1 transport planes1 and more transport planes40 ,he was talking about ,stalingrad4 ,he thought that had he had more transport planes he would have been able to keep ,stalingrad4 ,with respect to ,stalingrad1 ,i had a long discussion with him on #e ,march4 ,that was the last time ,i saw him4 ,that was about a month later4 ,i was ordered to see him because he wanted to give me the mission to build high-altitude and fast bombers and put them in the first line of production4 ,those now were more important than transport planes4 ,i availed myself of that opportunity on that day and had prepared myself in order to tell him my opinion about the general situation4 ,that discussion took place in the evening4 ,i had dinner with him alone4 ,that was shortly before #i3jj o'clock2 and it lasted until #c3ae a4m4 ,then in contrast to all other discussions ,i had with him1 ,i was the one who was speaking all the time4 99 99 99 99 99 ,i told him first of all the truth about ,stalingrad2 and ,i told him that the question of leaving an army was a military mistake1 when according to military and strategical points of view it should have withdrawn1 something which had been suggested both by myself and by the army4 ,it was a mistake2 and it did end with the loss of #cej1jjj men on the ,german side4 ,however1 a withdrawal in time would have saved the greatest part of these soldiers4 ,i told him that1 after all1 the ,russians were not as anxious to attack as that2 that in the winter they themselves were in a difficult position for attacking a ,german army and they would not have dared4 ,i told him then that that point was the last turning point in the fate of the war4 ,i told him that ,i had tried to reach him before the ,russian campaign4 ,however1 ,i had been unable to do so because it had been forbidden4 ,i said that the time was now five minutes past twelve4 ,we use that expression in ,germany when something is completed2 when it is finished4 ,i told him that by that ,i meant that the war was lost4 ,i apologized for not considering his nervous condition4 ,there was no time for that any more4 ,i thought it my duty to tell him my sincere opinion2 as a field marshal ,i thought myself entitled to do so4 ,i knew that he did not want to hear this4 ,however1 ,i wished that he would hear me in spite of that4 ,he could do with me whatever he wanted to afterwards4 ,i remembered1 however1 that he himself before the war had used strong words against the bad advisers of ,wilhelm ,,ii1 who out of cowardice1 had not told him the truth4 ,in no case did ,i wish to stand before my own conscience with such a reproach on myself4 ,he told me then1 8,yes1 you can say today whatever you wish to say40 ,i told him then that he was no more in a position to attack in the ,east4 ,that those attacks which had already been developed1 he should stop4 ,that he could only defend himself1 and ,i was of the direct opinion that instead of building great fortification works in ,france and ,norway1 that during the whole of the spring1 summer1 and autumn1 he should concentrate on fortifying the ,dnieper position1 which lay about #hjj kilometers behind the ,russian front1 with all the means at his disposal1 with fortifications of concrete1 etc41 in a great width1 between two-hundred and three-hundred kilometers depth1 and in that way there would be strong fortifications and good shelter for soldiers1 with good equipment and food and ammunition1 and that then he should take the troops back to that position for the winter1 and that he should give up the whole territory in front of that fortification1 out of which he would not get anything at all1 neither oil1 coal1 nor ore4 ,by doing that he would shorten the length of the ,russian front1 and in such a way that the maintenance of those soldiers on the line would be much easier4 ,apart from that he should take more care of the eastern forces1 and ,i am quite sure that on the whole eastern front of two-thousand kilometers1 of about ten million ,german soldiers1 not one million of them were fighting and he should take measures to change that4 ,that was the only point he carried out later on1 and unfortunately only towards the end of ,november of that year and the result was that the fighting infantry units on the whole eastern front amounts to #bfe1jjj men of the army4 ,it was impossible to hold that front with such a small number4 ,i furthermore suggested to him that a great personnel change should be made1 namely1 he himself should give up command over the army1 that he should place a simple general in that position4 ,as it was1 he held before the ,german people a responsibility1 which he could not bear4 ,he was no soldier in that sense1 since he was not trained for that4 ,i suggested to him to dissolve my own branch as an independent ,wehrmacht unit and to put the ,luftwaffe entirely under the ,wehrmacht1 since there was no strategic air force any longer4 ,now what ,i had to say was special for the army1 and this was certainly of a personal nature1 namely1 to remove ,reich ,marshal ,goering from the ,luftwaffe1 and give him a different task4 ,i said also that it was now the opportune moment for the ,reich ,foreign ,minister also to be removed from his position4 ,q4 ,would you give the name8 ,a4 ,von ,ribbentrop4 ,i suggested to him that the ,field ,marshal be put in charge of the units at the front1 and ,i gave as a reason that ,keitel was too lenient in reference to ,hitler1 and did not know how to get his ideas across to ,hitler2 that he should have somebody who would force him to observe correct military measures4 ,i told him then that the most important task in my opinion was the home defense of ,germany2 the air home defense of ,germany1 and to consider as having the highest priority2 and also the fighter production should be placed in the first place1 and armaments4 ,i showed him the figures of the ,english1 the ,american and the ,russian armaments explicitly1 and ,i showed him how these armaments would have their effect over ,germany1 and also at what point1 or at what time this would happen4 ,i reported to him that many false reports were made to him1 and ,i gave him an exact instance4 ,i told him that he overestimated himself1 and his allies1 and that he also underestimated the ,russians1 and the attitude of ,stalin personally1 and that that had led to the ,stalingrad collapse1 and he should be quite clear as to the facts if the attack was continued in the ,east2 that he could hold the ,dnieper position1 and that if he held that position1 the air defense would be able to prepare a military preparation for peace if the enemy would see that this crushing of ,germany from the air was no longer possible and if the ,russians would see that they would not be able to cross the ,dnieper without being crushed2 that ,i am sure with that preparedness which should be started at once1 we ought to be coming to a peace4 ,it might be possible to get away with bearable peace terms if they would act immediately4 ,then ,i also discussed the peace question1 and ,i told him he might make a real peace with ,france without taking territory1 and ,i was sure that ,france would still consider that4 ,the same applied to ,belgium1 and also ,holland1 as well as ,norway4 ,a peace with these countries would then induce the greater powers of the ,western countries to be able to conclude peace with ,germany which would be endurable4 ,those were the main points of my opinion4 ,i do not wish to recite details4 ,he listened to and interrupted me only once1 and that was on the question whether he could or could not attack in #aidc1 and ,i remember exactly that ,i said to him more than twenty times1 8,you cannot attack0 and first he said in a quiet way1 then got more excited and more excited until he was very cross1 and knocked on the table1 8,i must attack40 ,i told him at the end1 8,i know ,i am very impolite1 ,i don't want to discuss this question of attacking anymore4 ,but be convinced ,i shall not change my opinion40 ,then he waited for a short while1 and ,i began to speak of something else1 and then suddenly he said1 8,what would you say1 ,milch1 if ,i would only make a short attack in order to be able to push through the ,russian preparations before they can start developing40 ,i answered1 8,wait a minute1 it is a defensive measure1 because a soldier carries out his defense by attacking in turn10 and he said1 8,then we agree on that point40 ,i said1 8,no1 ,i don't think we do4 ,if you are successful you will continue4 ,i would say all the troops should go back after forty-eight hours that no matter what4 ,think of ,verdun in #aiaf when the same mistake was made2 when they did not succeed in getting through on a surprise attempt1 they went doggedly on40 99 99 99 99 99 ,q4 ,witness1 what was the development after ,stalingrad of your relationship to ,hitler and ,goering8 ,,presiding ,,judge ,,toms3 ,before you go on1 will you ask for the date of this conference of ,hitler's again8 ,a4 ,it was on #e ,march #aidc4 99 99 99 99 99 ,on the question of how my relationship to ,hitler and ,goering developed later on ,i have to say the following3 ,it became worse and worse from time to time4 ,it was due to a struggle which ,i had about the ,german air defense which contradicted ,hitler's idea of waging war1 for this was the specific field of the ,luftwaffe and ,i as ,inspector ,general of the ,luftwaffe was forced to make suggestions4 ,i did not let this matter drop1 and ,i repeatedly brought it to the front1 in contrast with political proposals or proposals in the field of the army and navy1 which were outside of my field of tasks and which ,i could not bring to anyone's attention unless ,hitler gave me his permission or if he wished me to4 ,q4 ,with respect to this conference1 did you inform him of the fact that you wanted to have ,goering gone8 ,a4 ,yes4 ,i did4 ,i told ,goering about that4 ,i did not want to stab him in the back4 ,q4 ,then1 what happened to your relationship with ,goering8 ,a4 ,i do not believe that this single incident had any influence on our relationship1 which was bad anyway4 ,goering was not the kind of a man who would hold it against me4 ,he had a certain understanding of the circumstances4 ,there were other things that he did not like about me4 99 99 99 99 99 ,march #ag ,q4 ,witness1 the last time you were giving us a description of the suggestions you made with ,hitler with regard to achieving a change4 ,what was the impression you had afterwards as to whether he was going to follow your suggestions or not8 ,a4 ,at that time ,i first of all hoped that he would somehow react to my suggestion1 because in the case of the ,stalingrad assignment which had been given to me although too late1 ,i saw indications that at that time he still had confidence in me1 and also in my military ability4 ,during the following weeks and months ,i waited for something to happen1 but nothing did4 ,in the spring of #aidc1 after my conference1 new attacks were ordered by him on the eastern front4 ,he was not making an attack for the purposes of defense1 he was going to try to reestablish the front along the ,volga ,river4 ,he was also going to try again to advance towards the ,caucasus4 ,it was only in ,november #aidc that he followed one of my suggestions1 namely1 to ascertain how many men were fighting in the ,east1 as ,i said last ,friday1 and ,i need not repeat it4 ,the attack was catastrophic1 but in spite of that1 no basic changes were made after that4 ,all the other suggestions1 political1 military1 and those regarding the personnel1 were not followed4 ,through that ,i lost my last hope1 namely1 that a final basis favorable to ,germany could be established to bring an end to this war through political means1 in other words1 peace negotiations1 which might have had certain prospects of success4 ,q4 ,witness1 now ,i shall have to put to you this question4 ,why1 after you recognized that fact did you continue your activity at all4 ,what were the reasons which made you place your service at their disposal at all8 ,a4 ,the main reason was that ,i was responsible to my people1 and even if all the plans failed to materialize1 ,i1 nevertheless1 still had one last hope at least1 that a proper air defense could be arranged for ,germany in order to protect our home country and the people from the worst1 and the destruction of their homes and places of culture4 ,that was my main reason4 ,q4 ,what then are the steps that you took in order to achieve your last final aim for the ,german people8 ,a4 ,after #aida ,i had a constant struggle1 ,i would like to say1 with ,goering and with ,hitler in order to achieve an air defense which ,i considered necessary4 ,my last effort then was the foundation of the ,jaegerstab4 99 99 99 99 99 ,q4 ,witness1 you have just testified that you had founded the ,jaegerstab in order gradually to leave your post4 ,did that further have any other purpose1 for instance1 the removal of existing difficulties outside your own department8 ,a4 ,yes4 ,air armament within the entire armament program had very small1 very negligible powers4 ,as ,hitler especially demanded army and naval rearmament1 ,speer's ,ministry for years had encroached on a large scale in all matters which were important for my industry4 ,as a result experts and other workers had been simply taken away from us4 ,the armament inspectors and district military administrative authorities1 both of whom were under ,speer1 were able to carry this through4 ,it was merely by accident that ,i learned of this in individual cases1 when1 for instance1 one of the industrialists happened to come to see me4 ,we raised objections but we could not alter the situation1 ,i mentioned this the other day4 ,i wanted to use the ,jaegerstab in order to transfer part of this responsibility for air armament to ,speer and his ministry so that such encroachment1 which was particularly noticeable where materials were concerned1 should no longer happen4 ,the man who had approximately the same task as my own in ,speer's ,ministry was ,mr4 ,saur4 ,saur was a very clever man1 very able1 very energetic1 and since he was always sent to report to ,hitler personally1 he knew ,hitler and his intentions very well1 and he knew therefore that ,hitler was not so keen on air armament1 and from that he drew the conclusion which led to these encroachments into our sphere4 ,i was very anxious to have him join the ,jaegerstab so that there too he would share in the responsibility4 ,there was a struggle about this with ,speer until it finally came about that ,saur joined the ,jaegerstab4 ,i did not want to found the ,jaegerstab without him1 and it turned out that ,saur now tackled this new task very energetically and he did in fact succeed to some extent in bringing ,hitler at least to a standstill4 ,but ,hitler's views and ,hitler's orders he could not change4 ,apart from that it was necessary1 if ,i wanted to transfer armament work to ,speer1 for the final armament would have to go through ,saur's hands eventually1 so it was essential that ,saur should be included right from the start4 ,q4 ,thank you4 ,did you give him responsibility to a small or a large extent within the ,jaegerstab8 ,a4 ,let me answer that like this3 ,i gave him as much freedom of action as possible1 since he was going to take it over later1 and it was his nature that when any matter was placed in his hands he took it up very energetically1 and ,i was happy to see that he was going ahead so vigorously4 ,q4 ,witness1 you have made notes about everything you did during the war4 ,can you tell this high ,tribunal whether you gradually withdrew from the ,jaegerstab and how many meetings you participated in each month8 ,a4 ,in ,march1 ,i participated in #ae meetings--they took place daily--and two trips4 ,in ,april1 ,i participated in eight meetings1 and one journey4 ,in ,may1 ,i attended five meetings and took part in two journeys4 ,in ,june ,i attended two meetings only1 and had also two journeys4 ,in ,july1 ,i didn't attend any meetings at all1 neither did ,i participate in any journey4 ,i took more active interest in the journeys1 totaling seven1 in order to go into the provinces and show that the handing over of my task to ,saur was taking place with my agreement4 ,these are the figures3 ,march #ae1 then eight1 then five1 then two4 ,q4 ,you mean the meetings8 ,a4 ,yes2 that applies to meetings4 ,in other words1 ,i participated in a total of #cj meetings4 ,q4 ,but there was one more on #a ,august #aidd1 wasn't there8 ,a4 ,that was after my retirement4 ,it was a meeting when ,speer was in the chair1 in which the ,jaegerstab was now finally discontinuing its work1 as the tasks of the ,jaegerstab were now being incorporated with ordinary armament under ,speer in the armament staff4 ,it was a purely formal meeting of handing over1 and ,i deliberately took part1 so as not to create the impression that ,i was leaving reluctantly or that ,i was angry about anything1 for1 of course1 the exact opposite was the case4 99 99 99 99 99 ,q4 ,witness1 did the ,jaegerstab have anything to do with workers8 ,a4 ,do you mean building workers8 ,q4 ,i mean generally speaking1 for the moment4 ,a4 ,i see4 ,well1 you have to draw a clear dividing line4 ,there were two completely different conceptions for us1 armament workers and building workers4 ,armament workers came through the existing channels2 in other words1 requests were made to ,sauckel by the industries1 and ,sauckel fulfilled1 or did not fulfill such requests4 ,information about this first of all went to ,speer's ,ministry through the ,armament ,inspectorates1 and secondly1 there were statistical reports monthly from industry to air force4 ,building workers1 on the other hand1 did not concern any of us at all1 not even statistically speaking2 that is1 insofar as the ,,gl was concerned and his representatives on the ,jaegerstab4 ,this was entirely a problem for ,todt's ,organization4 ,we knew absolutely nothing about this problem as far as we were concerned4 ,q4 ,witness1 did the ,jaegerstab include a representative of the ,,gba1 the ,plenipotentiary ,general for ,labor1 ,sauckel1 on its board8 ,a4 ,i cannot at this moment recollect that accurately1 but ,i believe not4 ,as far as ,i know1 for these questions there was only a representative from ,speer's ,ministry4 ,that was ,mr4 ,schmelter1 who has been a witness in this trial1 and who on his part used to hear our requests and take our requests to his ministry to help as far as he could4 ,q4 ,in order to help in labor problems did ,schmelter have to go to ,sauckel on his part8 ,a4 ,yes1 quite decidedly4 ,he1 on his own initiative1 could not distribute workers because he did not have any workers reserves of any kind4 99 99 99 99 99 ,q4 ,witness1 the construction work which ,hitler stated had to be constructed either by ,kammler or ,dorsch1 was that all for the purpose of the ,jaegerstab or also for other armament purposes8 ,a4 ,i know that these constructions were meant for many other purposes because if these questions were discussed in the ,jaegerstab ,i repeatedly heard ,saur or some of his representatives saying1 8,we wish to change this2 we want to use this for making tanks2 or here1 for instance1 we will have ,v-#b rockets40 ,that is how it fluctuated4 ,in any case1 ,i know that the subterranean constructions or tunnels were meant for other armament purposes4 ,q4 ,witness1 did you ever hear about the fact that for the construction of the surface concrete factories concentration camp inmates were to be used8 ,a4 ,i heard about that in the ,jaegerstab1 ,i believe2 and that is how we can explain ,kammler's task4 ,q4 ,witness1 in your capacities as ,,gl1 as member of the ,central ,planning ,board1 or member of the ,jaegerstab1 what did you have to do with the concentration camp inmates8 ,did you apply for those8 ,a4 ,no1 we had nothing whatsoever to do with it4 ,but they were requisitioned for industry through channels which ,i did not know at the time4 ,at that time ,i knew from a conference that in ,oranienburg1 at ,heinkel's1 people were being used from the concentration camps which were near there4 ,i heard one of my men say that the work that was being done over there was good work1 ,i myself did not see these inmates working4 ,however1 at that time ,i was convinced of the fact1 through my visit to the concentration camp of ,dachau in #aice1 that these were1 in the main1 only ,german criminals4 99 99 99 99 99 ,q4 ,witness1 did you hear in connection with labor for concrete construction work1 that ,hitler gave orders for the use of one hundred thousand ,jews1 or did the ,jaegerstab request this8 ,a4 ,i am sure that the ,jaegerstab did not do that4 ,i cannot say for sure if before the collapse ,i knew anything at all about this matter4 ,i know from the record that ,hitler is said to have had a conference on #d ,january #aidd about this question4 ,however1 ,i know that that conference lasted for quite a few days1 ,i believe1 from #a to #d ,january4 ,i participated for a very short time in that conference on #d ,january4 ,i do not know1 or ,i cannot recall1 if during the time ,i was there they discussed that point4 ,q4 ,did you later on find out that ,jewish concentration camp inmates were used in this construction8 ,a4 ,i never found out for sure4 ,q4 ,however1 in the sessions of the ,jaegerstab they had discussed that point8 ,a4 ,i cannot remember anything about it4 ,many things were discussed there every day1 so that it is not quite possible to remember every detail that they discussed4 ,q4 ,during those conferences or meetings1 the number of which you had mentioned1 did you always participate in these conferences8 ,a4 ,no4 ,i was called out very often4 ,i left on my own initiative sometimes in order to make certain arrangements in connection with my other fields of work2 otherwise1 ,i should not have been able to do any work whatsoever in my other spheres4 ,at that time ,i had the whole set-up of ,general ,foerster under my orders1 and also the entire training of the ,luftwaffe2 on top of that were the questions of the ,inspectorate ,general and his problems4 ,q4 ,witness1 ,i shall come now to your speech of #be ,march #aidd1 which has been repeatedly mentioned here1 ,document ,,nokw-#jag1 ,prosecution ,exhibit #ed4 ,it is your speech to the chief engineers of the ,luftwaffe and the chief quartermasters4 ,it says here at one point that for construction a few hundred thousand laborers were being used who had been withdrawn from other places4 ,by that don't you mean those #ajj1jjj ,jews we just mentioned8 ,a4 ,no4 ,under no circumstances4 ,at that time workers had been transferred for these purposes from many other constructions which were already under way4 ,q4 ,witness-- ,a4 ,may ,i add to that1 this3 ,i could not possibly imagine why ,jews should be used as construction workers4 ,therefore1 ,i am sure that it would have struck me if ,i had heard that1 for ,jews are not used as carpenters and bricklayers4 ,they are mostly people who work in offices1 and one could hardly expect construction work from them4 ,i don't believe that ,i myself1 as a man who has never done that kind of work1 would be of any use for it4 ,q4 ,witness1 explain to us now the purpose of this speech of yours1 which uses rather strong language4 ,a4 ,during the severe air raids we had lost many stocks of material1 mainly of parts4 ,the new output of these parts could not possibly keep pace with the destruction4 ,there was only one way left1 namely1 to take these parts from troops' stocks4 ,the troops had large stocks over which the ,,gl himself had no power of disposal whatsoever4 ,he just gave the orders for the manufacture of them4 ,the requests of the troops1 in my opinion1 were always too high--#d4b billion marks' worth of parts were being ordered at that time1 that is proof of it4 ,if we wanted to have these planes1 which were half ready1 in time1 it was possible only if the troops would give us some of their parts4 ,prior to this conference many attempts to that effect had been made1 but the ,quartermaster ,general1 because of the veto of his chief quartermasters and chief engineers1 had refused my wishes4 ,i was very annoyed about that4 ,saur came to see me and stressed once more that the completion of the planes was impossible4 ,he thought that in the army that would have been taken care of long ago1 but in the ,luftwaffe there did not seem to be any definite power to give orders1 and he would take this matter up with the higher authorities4 ,that1 for the second time1 made me very cross1 and when this conference took place immediately after these things1 ,i spoke in very strong terms in order that the ,quartermaster ,general with his staff should give me the parts that were needed4 ,that was the purpose and the aim of the whole thing1 and contrary to what had happened before1 when they had refused me those parts1 the harsh military speech ,i made was crowned with success4 ,q4 ,witness1 in this speech there are certain passages which in themselves have nothing to do with those aims you just mentioned4 ,i would like to show you these passages4 ,at one spot you come to the question concerning labor1 and you say that the portion assigned to the ,luftwaffe in the allocation of labor had been constantly diminished1 that the foreigners were running away and not keeping their contracts1 and that if a foreman reprimanded or beat one of these young laborers who was engaged in sabotage1 he1 the foreman1 got into trouble2 and that the international law could not be applied here and that you would see to it yourself that the prisoners1 with the exception of the ,americans and ,british1 were removed from the power of the military organization--then1 if a man committed sabotage1 he should be hanged in his own factory or workshop4 ,what does that have to do with this speech and these aims that you mentioned8 ,a4 ,as far as prisoners of war were working with the ,luftwaffe itself1 the ,quartermaster ,general and the ,chief ,quartermaster had something to do with it4 ,this was to be a threat to that department1 namely1 that certain rights would be withdrawn from them4 ,of course1 ,i could not do that4 ,i don't believe that ,goering would have followed such a suggestion of mine either4 ,i have no excuse whatsoever for these words which ,i used4 ,i have now had the time to read this passage in peace1 and ,i cannot understand it myself4 ,i can only repeat that ,i myself was in an impossible position4 ,i could see what was coming1 and ,i could no longer help my people4 ,at that time--,i do not wish to say this as an excuse1 but just in order to explain--,i was still suffering very badly from my accident1 and ,i could not quite get over the concussion1 because at that time ,i could not possibly be absent for one minute4 ,i knew that because my doctor was worried about me and he tried to help me with all sorts of drugs and medicines4 ,q4 ,witness1 a number of witnesses who were here have stated that very often you had outbursts of rage4 ,at the time when you made that statement did you have the sincere wish to carry through these measures8 ,a4 ,no4 ,i can say that with a good conscience4 ,never1 never in my life did ,i do such a thing1 and ,i believe that he who really knows me knows exactly that1 on the contrary1 ,i was different4 ,however1 at that time ,i simply had to give vent to my feelings1 and ,i could not use strong words to the people ,i really wanted to use them on4 ,that was not consistent with the discipline you have in an army4 ,i also have to say that immediately after such a discussion ,i myself no longer knew what ,i had said during one of those outbursts of rage4 ,even today ,i could not say for sure that ,i said that4 ,however1 ,i cannot deny it4 ,q4 ,witness1 did you at that time use such wild expressions with reference to these ,luftwaffe gentlemen1 and did you threaten them as well8 ,a4 ,yes4 ,i did4 ,i read now that ,i did so4 ,i am very sorry even today that ,i used such strong words against my comrades4 ,q4 ,later on in another place you said that people who acted as if they were sick ought to be whipped to work and that the whip should be used as a medicine4 ,that is a similar statement8 ,a4 ,that was just silly talk1 so to speak1 and ,i also used strong words about myself and called myself an idiot once in a while4 ,q4 ,did you ever issue orders to drive people to work with the whip8 ,a4 ,never1 and ,i am sure that ,i myself would have intervened in such a case4 ,q4 ,did you ever have anybody hanged because of sabotage at any time4 ,a4 ,no4 ,first1 ,i did not do it4 ,second1 ,i could not do it4 ,i never had anybody punished for sabotage in any way because that was not within my competency1 not even in the few instances where sabotage had actually taken place4 ,q4 ,witness1 weren't you afraid1 however1 that if you spoke like that before this circle of men1 that those people would actually act according to your words8 ,a4 ,in this circle there was nobody who could possibly have the power to carry out such things1 and second1 ,i believe that everybody knew me1 because my friends even at that time had told me that ,i had lost my control over myself4 ,it was a very good thing that nobody took me seriously at such a time4 ,i also always promised myself that ,i would not burst into rage again4 ,however1 at that time ,i did not have full control over myself because the situation was becoming more serious every day4 ,moreover1 ,i knew that all this could have been avoided1 that it had never been necessary to go to war1 but if so1 that the war could have been terminated long ago1 and apart from all this1 if nothing else1 the destruction of ,germany could have been avoided4 ,that thought did not leave me alone day or night1 and that actually contributed to these explosions4 ,when everything was over1 from that day ,i became more quiet4 ,q4 ,witness1 those people you spoke to were soldiers1 were they not8 ,a4 ,yes4 ,q4 ,could those soldiers1 according to your knowledge1 have possibly been led to carry out these orders which were against international law8 ,a4 ,no1 never4 ,they quite rightly thought1 as people often told me1 that ,i was crazy during such outbursts4 ,i myself was in no position to judge that1 however4 ,q4 ,witness1 however1 a certain number of measures in contradiction to international law were carried out in ,germany4 ,did you know anything about that1 could you have thought then that maybe you were also causing such measures against international law8 ,a4 ,no4 ,i did not know about that1 with the very few exceptions that were discussed here4 ,however1 ,i never connected them with myself4 ,there never was any connection at any time4 99 99 99 99 99 ,march #ah ,q4 ,witness1 after you received the ,knight's ,cross in #aidj1 did you receive any distinctions from ,hitler1 any decorations8 ,a4 ,yes1 ,i did1 in #aidj ,i received the promotion to a field marshal1 and that was also in #aidj4 ,after #aidj ,i did not receive anything which ,i considered a distinction as a soldier1 because the bonus ,i received in #aidb--yes1 ,i will refer to that later--,i couldn't see any distinction in that as a soldier4 ,q4 ,will you now talk of this bonus which you received8 ,give us some details about it4 ,a4 ,hitler sent his adjutant on my #ejth birthday1 with a picture of ,hitler1 that is1 a photograph1 with a dedication1 and a letter in which he congratulated me1 and there was a check inside to the amount of #bej1jjj marks4 ,hitler wrote in his letter that he knew ,i was leading a very modest life and he would like to give me in this way the possibility of making it a little pleasanter4 ,i thanked ,hitler1 and ,i told him that ,i gladly accepted the money1 because after all ,i could not refuse it1 as a compensation for the fact that ,i had earned a little less by this amount than ,i would have earned if ,i had remained with the ,lufthansa1 because my salary in the ,lufthansa was twice as high1 and even later on1 three times as high as the money ,i received from the ,state4 ,consequently1 ,i did not consider that as a gift exceeding my merits4 ,q4 ,witness1 did the ,air ,ministry not offer you a bonus1 also8 ,a4 ,that was not a bonus but the ,president of the ,air ,ministry told me that the industry wanted to give me a present to the value of #ej1jjj marks4 ,i told him that ,i rejected this present2 it looked to me like bribery4 ,he immediately withdrew the offer1 especially as he knew that never in my life had ,i accepted a present from industry while ,i was in government service4 99 99 99 99 99 ,q4 ,was it possible for you to remove directors of industry1 or to appoint them8 ,a4 ,no4 ,either there were limited companies ,g4m4b4,h41 or shareholder companies1 and they had their own organizations1 their own administrations4 ,the shareholders appointed the board of directors and the board of directors decided who was to be the general manager1 and we never interfered with that4 99 99 99 99 99 ,q4 ,witness1 will you explain to the ,tribunal how overburdened you were with work during all these years8 ,a4 ,may ,i refer to my field of tasks which is shown in one exhibit8 ,,dr4 ,,bergold3 ,may ,i ask this ,tribunal now to see the charts which are in the document book--the first document8 99 99 99 99 99 ,a4 ,until the end of #aida my main task was that of ,inspector ,general of the ,luftwaffe4 ,from that point onward1 the work as ,,gl took the first place1 while in my capacity as ,inspector ,general ,i was continuously travelling by plane4 ,but as ,inspector ,general ,i was tied more closely to the ,berlin ministry4 ,oh1 ,i beg your pardon1 ,i mean to say as ,,gl4 ,there we had meetings every day2 and in my capacity as ,,gl ,i took over a technical staff in the ,ministry of over four thousand4 ,i reduced this staff to about half2 but in spite of that the number of conferences and meetings could not be reduced4 ,therefore1 ,i had to go through the incredible amount of papers which were to be read and also the papers which had to be signed2 and ,i had to take them home in the evening4 ,i think that always amounted to two large suitcases and sometimes even three of them4 ,on the average ,i would work at home until #b3jj o'clock1 a4m4 ,the reading was the main task because in all technical matters ,i had to be up to the mark myself2 and that was not very easy for me because1 after all1 ,i had not studied technique but rather was a self-taught man as a soldier who had been a pilot4 ,in the morning ,i would start my duties at #i3jj o'clock or at #i3ae4 ,generally ,i would eat my lunch at my desk1 and often ,i even ate my dinner at my desk1 so that ,i had the impression that ,i was overburdened with work4 ,even apart from these two functions1 as ,,gl and ,inspector ,general of the ,luftwaffe1 the direction of the different other offices in the ,ministry made quite a lot of work for me1 though in my last position the excellent ,general ,foerster took most of the work off me4 ,q4 ,witness1 are the offices correct as they are shown on this chart which ,i have submitted to the ,tribunal1 and can you confirm them as such8 ,illustration3 ,,chart ,,of ,,milch',s ,,position ,,submitted ,,by ,,defense ,a4 ,yes4 ,,dr4 ,,bergold3 ,may it please the ,tribunal1 this concludes my interrogation2 and ,i make room now for the prosecution4 ,,cross-,,examination ,,mr4 ,,denney3 ,you testified as a witness before the ,international ,military ,tribunal on behalf of the defendant ,goering1 did you not8 ,a4 ,yes1 ,i did4 ,q4 ,and in the course of your testimony before the ,tribunal you stated that you were the second highest officer in the air force8 ,a4 ,yes1 that was my rank4 ,q4 ,so that the only one who ranked higher than you was ,goering8 ,a4 ,yes4 ,q4 ,and that continued up until the time when you told us this morning that you completely withdrew1 which1 ,i believe was some time in ,january of #aide8 ,a4 ,yes4 ,may ,i remark here that from #aicg several officers were in the second place4 ,that is to say1 the chief of the general staff1 the chief of the personnel office1 and also the ,,gl4 ,we were all of the same rank1 as it were1 but ,i was the most senior officer among them4 ,q4 ,and under ,goering there were really four echelons2 that is1 the chief of staff1 the inspector general1 the ,,gl1 and the director of the personnel office8 ,a4 ,yes4 ,they were all equal to each other4 ,q4 ,goering was on top1 and then came these four in a parallel line below him2 is that right8 ,a4 ,yes1 under ,goering4 ,q4 ,and you1 from #aida1 ,november1 following ,udet's death until sometime in the middle of #aidd1 held both the office of ,,gl and inspector general8 ,a4 ,that is correct4 99 99 99 99 99 ,,mr4 ,,denney3 ,if your ,honor pleases1 ,i ask that this be marked ,prosecution ,exhibit #acc for identification4 ,this is a letter1 dated #a ,april #aidc4 ,the writer of the letter is ,sauckel1 and the letter is addressed to the defendant4 8,most honored ,field ,marshal1 8,i take the liberty of enclosing in confidence three copies of the speech ,i gave in ,poznan on #e and #f ,february #aidc1 on the occasion of the ,reich and ,gauleiters meeting and beg you kindly to peruse it4 ,the figures contained in this speech refer to the end of the year #aidb4 ,of course1 the figures given concerning utilization of labor have again increased in the meantime4 ,i would ask for your continued sympathetic understanding of the interests of manpower utilization1 and your understanding and assistance in my task as far as possible4 ,on my side1 ,i can assure you that ,i always have asked the offices of the labor allocation administration subordinate to me for close and successful cooperation with all departments1 and that ,i will do so for the future too4 8,heil ,hitler1 8,yours respectfully1 ,signed 8,sauckel0 ,and1 on the #gth1 the last page1 the defendant acknowledges receipt of this letter3 8,most esteemed ,gauleiter1 8,i thank you most cordially for kindly transmitting to me the speech you made in ,poznan on #e and #f ,february #aidc on the occasion of the ,reich and ,gauleiters meeting4 8,heil ,hitler6 ,yours40 99 99 99 99 99 ,q4 ,do you recall receiving it from ,sauckel on #a ,april #aidc8 ,a4 ,no4 ,at the beginning of ,april ,i wasn't there the first few days4 ,i see a remark1 by somebody else1 on this document4 ,it probably says--,i can't read it very well--8for the files of the ,central ,planning ,board04 ,perhaps this letter may have been submitted to me later on--,i do not know whether ,i replied myself4 ,i certainly did not read the report because otherwise ,i would be able to recall the figures4 ,q4 ,but you did initial the letter1 didn't you8 ,a4 ,i do not know4 ,i do not recall it at all4 99 99 99 99 99 ,,mr4 ,,denney3 ,on the copy that your ,honors have1 ,i believe it's apparent in the upper left-hand corner of the first page1 the defendant's initials appear there1 as well as on the original letter4 99 99 99 99 99 ,q4 ,now1 do you ever recall saying that you would put the ,german workers into concentration camps1 the ones who did not work well8 ,a4 ,when ,i talked about slackers1 ,i referred to education by ,himmler1 but not to sending them into concentration camps4 ,himmler had other training places for workers where such people who were disinclined to work were being trained by making their supplementary rations dependent on their production4 ,q4 ,don't you recall that you asked that certain camps be set up especially to take care of these ,german workers who weren't doing well8 ,a4 ,i did not say that we should make a special camp1 but that they should go to the training camps which already existed and we could get them back from there4 ,i do wish to emphasize here these were people1 ,germans1 who did not do their duty towards their ,fatherland4 ,i thought it justified that such people should be trained4 99 99 99 99 99 ,,mr4 ,,denney3 ,witness1 ,i believe you said you kept a diary8 ,a4 ,a diary8 ,you could not call it exactly a diary1 ,i only took some short notes concerning my stay1 and ,i jotted down a few key words which conveyed generally the most important matters4 ,q4 ,that was lost1 was it1 or destroyed1 when you were captured8 ,a4 ,it has not been lost4 ,i still have it here4 ,q4 ,that is what you are referring to8 ,a4 ,if ,i look up where ,i was at a particular day or what personalities ,i met1 ,i refer only to the most important questions1 not to everything1 ,i can see whom ,i was with4 ,sometimes there is a table of contents1 too1 which is more detailed1 according to the interest ,i had in those questions4 ,for instance1 for #bh ,october1 which you referred to a while ago1 ,i only have the following3 ,my dispute with ,goering he had reported to ,hitler2 he had not obtained anything1 and now he started to vent his bad humor on me4 ,then comes a short note again that there was a conference afterwards with ,goering4 ,that was in ,karinhall4 ,it went on for the whole day4 ,it was one hour from ,berlin by car4 ,i noted down that ,speer was there1 that ,sauckel was there1 ,grawitz1 von der ,heyde1 and some others4 ,there is no mention what subjects were discussed1 but the attendance of ,sauckel clarifies the matter for me4 ,that is an example of how ,i would enter these notes in this book4 ,q4 ,insofar as you recall1 you were at that meeting on #bh ,october8 ,a4 ,yes1 indeed4 ,i have found it here in my book4 99 99 99 99 99 ,,presiding ,,judge ,,toms3 ,mr4 ,denney1 let's get an unequivocal answer to this4 ,did you put the initials on the letter from ,sauckel8 ,,milch3 ,the 8,mi01 yes1 indeed4 ,q4 ,you wrote that8 ,a4 ,yes1 ,i did4 ,i wrote it4 ,somebody else wrote 8to the files--0 ,q4 ,never mind what somebody else wrote4 ,now1 on the first page of the pamphlet1 the printed speech1 there are some initials4 ,did you write those8 ,a4 ,on the cover1 yes2 ,i did1 8,mi1 #f_/d01 that is what ,i wrote4 ,q4 ,all right4 ,,mr4 ,,denney3 ,do you recall saying that ,americans were never assigned to work in any of the airplane factories8 ,,milch3 ,yes1 ,i said that4 ,q4 ,this is ,document ,,nokw-#cfd1 which is a partial translation of the minutes of the ,jaegerstab1 held on #ai ,june #aidd4 ,the cover page1 which is photostated here in the ,german1 which will be given to the ,secretary ,general1 bears the initials of the defendant4 ,,presiding ,,judge ,,toms3 ,is this a new exhibit8 ,,mr4 ,,denney3 ,yes1 your ,honor4 ,this will bear ,prosecution ,exhibit ,number #ace for identification1 if your ,honor pleases4 ,document ,,nokw-#cfd1 a partial translation of the minutes of the ,jaegerstab of a meeting held #ai ,june #aidd4 ,on the covering page there appear the initials of the defendant4 ,perhaps the ,secretary ,general would be good enough to let ,mr4 ,blakeslee have the original so the cover page can be shown to the defendant4 ,just show it to him1 ,mr4 ,blakeslee4 7,the document was handed to the defendant47 99 99 99 99 99 ,,mr4 ,,denney3 ,do your records show that you attended a conference of the ,,gl on #d ,august #aidb8 ,a4 ,yes1 indeed4 ,these discussions were twice a week4 7,,nokw-#dji1 ,pros4 ,ex4 #adj47 99 99 99 99 99 ,,judge ,,musmanno3 ,curiosity consumes me as to what would happen if an officer inferior in rank to yourself took you at your word and actually executed a number of these workers or prisoners of war4 ,would that officer then be punished8 ,a4 ,no one was there who would have been in a position to do that4 ,apart from that1 all those who were under my orders knew me and my way of handling things4 ,they knew that ,i didn't mean it1 and apart from that they always laughed about my remarks when ,i let myself go1 as they said4 ,q4 ,in other words the comment of the ,field ,marshal in a matter of this seriousness was really of no value8 ,a4 ,because the people knew that ,i got excited very easily about certain things1 and these incidents here have been selected and produced4 ,from every one of these meetings which took place twice a month1 there was a long report and owing to one or other of these reports1 maybe once or twice1 there would be a certain outburst or explosion1 and then1 as we soldiers were accustomed to do1 we would just get mad1 that is all4 ,however1 ,i didn't intend to do anything about it and ,i spoke to those under my orders when the opportunity offered4 ,they pointed the matter out to me4 ,they knew exactly from my words that this was not meant seriously4 ,they knew exactly that no such order had been given and that ,i myself would never cause anybody to be punished1 not even then when it might have been justified1 for the very simple reason that ,i did not have the power to administer punishments4 ,,judge ,,phillips3 ,mr4 ,denney read this paragraph to you1 ,document ,,nokw-#dji1 ,prosecution ,exhibit #adj4 ,i understood you to say this1 that the paragraph did not contain your attitude there1 that you never gave such an order1 that when you were worried you sometimes used strong language as a soldier would4 ,didn't you say that8 ,a4 ,yes4 ,q4 ,well1 now whether you meant it or not1 you would say these things1 and by so doing you counseled and advised others under you at a meeting over which you presided to do such things4 ,whether you meant it or not you did that1 didn't you8 ,a4 ,no1 ,i never gave an order by using these words1 because my people spoke with me1 and they knew afterwards from my words that ,i never meant it earnestly4 ,q4 ,didn't you say1 8,i would band the workers together and have fifty percent of them shot4 ,i would then publish this fact and compel the other fifty percent to work by beating if necessary40 ,did you say that or not8 ,a4 ,i do not remember having said that4 ,however1 three days ago ,i believe ,i said that1 when ,i had such a rush of blood to my head1 due to that injury ,i had1 and ,i couldn't remember what ,i had said at that particular moment4 ,i just burst out with rage4 ,q4 ,well1 if you did say that1 you were advising and counseling others to do that1 were you not8 ,a4 ,no1 that was not a counsel or an advice to anybody else4 ,on the contrary1 it was known that if someone had done such a thing ,i would have intervened myself4 99 99 99 99 99 ,march #bj ,,judge ,,musmanno3 ,since we are on the subject of ,jews1 ,i would like to refer to something which occurred at the first trial4 ,now you are not compelled to discuss this matter if for any reason you prefer not to1 but you will recall that you were cross-examined by ,justice ,jackson on the subject of your being ,aryanized4 ,do you recall that8 ,a4 ,yes1 ,i recall it4 ,q4 ,now you gave an explanation at the trial which1 however1 was not definite1 it seems to have left something in mid-air1 and since you have given us quite a long autobiographical sketch of yourself1 if you would care to enlighten us on this point1 you are free to do so4 ,a4 ,my point of view is as ,i stated at the time4 ,q4 ,yes4 ,a4 ,that point of view ,i still adhere to4 ,q4 ,let us see4 ,you were asked certain questions and gave certain answers as follows3 8,question3 ,at that time0 7,goering had referred to #aicc7 8,goering had you--we will have no misunderstanding about this--,goering made you what you call a full ,aryan2 was that right8 8,answer3 ,i do not think he made me one2 ,i was one4 8,question3 ,well1 he had it established1 let us say4 8,answer3 ,he had helped me in clearing up this question1 which was not clear4 8,question3 ,that is1 your mother's husband was a ,jew2 is that correct8 8,answer3 ,it was not said so4 8,question3 ,you had to demonstrate that none of your ancestry was ,jewish2 is that correct8 8,answer3 ,yes1 everybody had to do that4 8,question3 ,and in your case that involved your father1 your alleged father1 is that correct8 8,answer3 ,yes40 ,there the inquiry rested4 ,a4 ,yes4 ,q4 ,just what had to be done to demonstrate that you were a full ,aryan1 and why did the question arise8 ,a4 ,the first time that question arose was in #aicc1 and the occasion was the following3 ,the president of the ,german ,aero ,club was reported as being adverse to the ,hitler regime1 and ,i protected that man4 ,following that1 a man who was a member of the ,,sa sent a letter to ,goering1 and ,i may add that this was a man who was trying to become a state secretary in the ,air ,ministry1 and he had been deeply hurt when he1 an old ,party member1 had to take second place to me4 ,in this letter he said that ,state ,secretary ,milch was not a full ,aryan4 ,this happened in the summer of #aicc4 ,goering forwarded this letter to me1 and ,i went to ,goering4 ,following that ,i was asked to submit my family tree4 ,that is how this matter arose4 ,q4 ,in other words1 you had to establish that no ,jewish blood flowed in your veins1 is that correct8 ,a4 ,yes1 that is what ,i was supposed to do4 ,q4 ,and you established that to their satisfaction8 ,a4 ,that was established4 99 99 99 99 99 ,q4 99 99 99 ,now1 ,i understand you to say that the first time you learned of the proposed war against ,poland was on #ba ,august1 and even then it was not very clearly indicated that a war could actually be unleashed1 and that further it was not until the very end of the day1 that is to say1 at five o'clock in the afternoon of #ca ,august that you were directed to put the ,luftwaffe1 or all your forces1 in readiness for the attack4 ,is that correct8 ,is that what you said8 ,a4 ,on #ca ,august1 not to get ready1 but ,i received the order3 8,the attack starts tomorrow10 that was the order for an attack1 whereas1 over-all preparations had been made previously at the meeting which took place with ,hitler on #bb ,august1 only then there was still the possibility of negotiations which were still going on4 ,these negotiations came to an end on #ca ,august at #agjj hours4 ,q4 ,did you not tell this ,tribunal that after the meeting of #bc ,may #aici you were convinced that war was not intended8 ,a4 #bc;d of ,may8 ,q4 ,yes1 #bc ,may #aici8 ,a4 ,yes4 ,q4 ,that you had no intimation that ,hitler intended an aggressive war on ,poland8 ,a4 ,yes1 because at that time1 according to my recollection1 ,hitler stated again and again that he was certainly going to settle the ,polish problem1 but that he would not allow war to break out4 ,q4 ,and that you had called to his attention the necessity of manufacturing bombs1 because you believed that hostilities might break out8 ,a4 ,that was before that date1 before the #bc;d1 and also after the #bc;d1 because ,i myself did not share ,hitler's optimism4 ,although he may not have intended to wage war1 his policy might nevertheless have led to war1 for he alone was not the deciding factor1 the others would have something to say as well4 ,q4 ,and that assumption lulled you into the conviction that there would be no war1 since he refused you authority to manufacture bombs8 ,a4 ,today ,i must assume that1 at that time ,i was not aware of it4 99 99 99 99 99 ,q4 ,when did you first learn that an attack on ,russia was intended8 ,a4 ,at the beginning of ,january #aida--;,i beg your pardon--yes1 that is right1 #aida1 on #ac ,january actually4 ,it was then that ,goering1 during a conference with a large circle of commanding officers1 informed us that one's attention should be turned to the ,east1 as ,hitler was fearing an attack by the ,russians4 ,q4 ,yes1 and you finally came to the conclusion that the declaration of war1 or rather1 the undeclared war against ,russia was a crime against ,germany4 ,a4 ,yes4 ,q4 ,did you think it was a crime against ,russia8 ,a4 ,yes1 against ,russia also4 ,q4 ,also8 ,a4 ,yes4 ,q4 ,now1 you endeavored to see ,hitler to persuade him not to enter this war4 ,a4 ,yes4 ,q4 ,and your immediate circle1 your military friends1 realized that it was foolhardy to provoke a war with ,russia and thereby establish two fronts8 ,a4 ,exactly the way ,i saw it1 yes4 ,my immediate circle were of the same opinion as ,i was4 ,q4 ,and all the generals were of the same impression--that it was hopeless for ,germany1 and that further it was tragic and suicidal to ,germany to allow ,hitler to take over the control of the armed forces8 ,you were practically unanimous in that belief1 were you not8 ,a4 ,this was never discussed in any larger circles4 ,q4 ,but you have testified--it is in the record--that you were all of that belief4 ,a4 ,it transpired at a later stage1 when it was discussed1 that they were all of the same opinion4 ,q4 ,when was that8 ,a4 ,later on in the course of the war4 ,q4 ,when did you realize that it was a mistake to have ,hitler as ,commander in ,chief of the ,armed ,forces8 ,a4 ,i1 personally8 ,q4 ,when was it thoroughly recognized1 even though not expressed at a public meeting among the generals1 that it was suicidal1 a great mistake1 to have ,hitler as ,commander in ,chief8 ,a4 ,that was the general point of view after ,stalingrad4 ,that is when it became general4 ,q4 ,and when was that8 ,a4 ,that was the end of ,january #aidc4 ,q4 ,yes4 ,you still had two and a half years of war ahead of you8 ,a4 ,yes4 ,q4 ,why didn't you do something about having ,hitler removed8 ,a4 ,it was my duty toward my people to keep allegiance to him4 ,i had sworn an oath of allegiance to ,hitler4 ,i am only a human being who can see this world subjectively and ,i cannot presume to be an impartial judge on such questions4 ,moreover1 ,i believe that in the whole of ,germany's history there is not one instance of soldiers rising against their military commander4 ,i certainly do not know of one4 ,q4 ,even though you realized that ,hitler was leading ,germany into stark annihilation and unspeakable hardship1 and even though all the generals were of that same belief1 yet you upheld this fetish of an allegiance which was destined1 and very clearly so1 to bring unparalleled misery to the people that you professed to be faithful to8 ,a4 ,your ,honor1 ,i personally did not presume to say that my judgment was right1 and that ,hitler's judgment1 and the judgment of all those around him1 was wrong4 ,q4 ,then1 you modify your statement that ,hitler was wrong8 ,you say that he might have been right8 ,a4 ,no1 no1 ,i am not saying that4 ,what ,i am trying to say is that it was my point of view that the question whether the head of the state was to be overthrown or not was a matter for the constitution1 and that for this eventuality the constitution and the state must surely have powers1 means through which in such cases there could be intervention2 but then it could not be the task of any individual general to take steps in such questions1 which were1 after all1 unlawful4 99 99 99 99 99 ----- #aci ,the defendant ,milch testified in his own behalf on eight full trial days 7,march #aa1 #ab1 #ac1 #ad1 #ag1 #ah1 #ai1 and #bj1 #aidg74 ,his testimony is recorded in #eha mimeographed pages 7,tr4 pp4 #afif-bbgf74 #adj ,wolfgang ,vorwald1 former ,commander of ,luftgau 7,air ,force ,administrative ,command7 ,,vii1 ,munich4 #ada ,defendant in case of ,united ,states vs4 ,ernst von ,weizsaecker1 et al4 ,see ,vols4 ,,xii1 ,,xiii1 ,,xiv4 #adb ,doc4 ,r-#abd1 ,pros4 ,ex4 #dh-;,a1 ,conference of #a ,march #aidd1 pp4 #dhd-dih4 ,v4 ,,closing ,,statements ,a4 ,closing ,statement of the ,prosecution#adc ,,mr4 ,,clark ,,denny3 ,we close today the trial of a major war criminal--a leader in a slaving operation1 the enormity of which is without historical parallel2 a principal in a crime of murder in the ironic masquerade of scientific progress which has shocked alike the world of medicine and the world of laymen4 ,the evidence set forth before the ,tribunal has shown that ,erhard ,milch was primarily implicated as a leader in a program to bring laborers into ,germany by force1 of allocating them to the various segments of the ,german war economy1 and of munitions4 ,we deal here with a top military and economic planner who at all times was fully informed as to the aims and objectives of the ,nazi plan4 ,unlike his colleagues ,speer and ,sauckel1 ,milch entered the conspiracy early4 ,the defendant was one of a small group of men who constituted the leadership of the ,reich4 ,before dealing directly with the responsibility of the defendant for the crimes charged in the indictment1 as shown by the evidence1 we should like to review1 briefly1 the law applicable to these crimes4 ,,the ,,law ,the indictment charges and the evidence has connected the defendant with a wide variety of crimes incident to the enforced labor program of the ,nazi regime4 ,in themselves1 these crimes are not new except in their enormity4 ,in domestic law they have1 from ancient times1 borne such familiar titles as assault1 battery1 murder1 kidnapping and pillage4 ,in international law the principles which protect the individual from undue interference with his person and his personal freedom have given rise to a series of kindred precepts governing the conduct of a nation which has gained factual control over the citizens of another state4 ,we shall consider briefly some salient precepts and prohibitions of international law up to1 and including the provisions of ,control ,council ,law ,no4 #aj4 ,much of the labor which supplied ,germany with the tools of total war was exacted from people who had been uprooted from their homes in occupied territories and imported to ,germany4 ,displacement of groups of persons from one country to another is the proper concern of international law insofar as it affects the community of nations4 ,the law has recognized that some conditions may justify the transfer of people from one country to another4 ,correspondingly1 and with much more relevance to the present case1 international law has enunciated certain conditions under which the fact of deportation becomes a crime4 ,if the transfer is carried out without a legal title1 as is the case where people are deported from a country occupied by an invader while the occupied enemy still has an army in the field1 the deportation is contrary to international law4 ,the rationale of this rule lies in the supposition that the occupying power has prevented temporarily the rightful sovereign from exercising power over its citizens4 ,articles #dc1 #df1 #di1 #eb1 #ee1 and #ef of the ,hague ,regulations1 which limit the rights of the belligerent occupant1 do not expressly specify as a crime the deportation of civilians from an occupied territory4 ,however1 ,article #eb states the following conditions under which services may be demanded from the inhabitants of occupied countries3 #a4 ,they must be for the needs of the army of occupation2 #b4 ,they must be in proportion to the resources of the country2 and #c4 ,they must be of such a nature as not to involve the inhabitants in the obligation to take part in military operations against their own country4 ,insofar as this section limits the conscription of labor to that required for the needs of the army of occupation1 it is clear that the use of labor from occupied territories outside of the area of occupation is forbidden by the ,hague ,regulations4 ,the illegality of the deportation of civilians in territories under belligerent occupation was demonstrated in the ,first ,world ,war when the ,germans attempted a deportation program of ,belgian workers into ,germany4 ,this measure met with world-wide protest and was abandoned after about four months4 ,among the voices raised in protest against the deportation of ,belgians by ,germany in #aiaf-aiag was that of ,lansing1 ,secretary of ,state4 ,he wrote3 8,the ,government of the ,united ,states has learned with the greatest concern and regret of the policy of the ,german ,government to deport from ,belgium a portion of the civilian population for the purposes of forcing them to labor in ,germany1 and is constrained to protest in a friendly spirit but most solemnly against this policy which is in contravention of all precedent and all principles of international practice which have long been accepted and followed by civilized nations in their treatment of noncombatants in conquered territory40 ,other protests were lodged with the ,german ,government by ,spain1 ,switzerland1 ,netherlands1 and ,brazil1 all neutral countries4 ,international lawyers all over the world condemned ,germany's action in the strongest terms4 ,the opposition in the ,german ,reichstag accused the government of violating the ,hague ,convention and refused to vote for the war budget4 ,it is worthy of note1 in passing1 that the defendant has testified at this trial that he knew of this effort at deportation of labor on the part of ,germany in the ,first ,war and that he was much interested in the investigation conducted by a ,reichstag ,committee concerning this matter4 ,he could not have followed this investigation1 as he admits he did1 without learning that the deportation in question was a violation of international law4 ,the second condition under which deportation becomes a crime occurs when the purpose of the displacement is illegal4 ,a conspicuous example of illegality of purpose is found when the deportation is for the purpose of compelling the deportees to manufacture weapons for use against their homeland or to be assimilated in the working economy of the occupying country4 ,an attempt has been made by the defense in this trial to show that persons were deported from ,france into ,germany legally and for a legal purpose1 by pointing out that such deportations were authorized by agreements between ,nazi and ,vichy ,french authorities4 ,this defense is both technically and substantially deficient4 ,many of the ,vichy ,government's highest officials1 who held office by reason of and under the protection of ,nazi power1 have been punished for treason by the present legitimate government4 ,and1 too1 the agreements themselves were illegal--because they were exacted under duress1 and because they were void ab initio because of their immoral content4 ,it is common knowledge that even the puppets of ,vichy did not of their own accord agree to the ,nazi deportation measures4 ,it is equally clear that these agreements were contra bonos mores4 ,then1 too1 it was illegal for any ,french ,government to conclude agreements which provided for the compulsory mass deportation of ,french workers to aid the enemy's war effort4 ,at the time of the agreement between ,germany and ,vichy there was merely a state of suspension of hostilities4 ,french resistance had not ceased1 and the outcome of the war continued to be uncertain4 ,lastly1 the deportation agreements were invalid because their manifest purpose was to aid ,germany in the commission of the crime of aggressive war4 ,that an agreement in furtherance of an act which is illegal in international law is invalid has been stated by various authorities4 ,for example1 ,professor ,charles ,cheney ,hyde1 of ,columbia ,university1 defines as internationally illegal 8agreements which are concluded for the purpose of1 and with a view to1 causing the performance of acts which it 7international law7 proscribes40 ,professor ,hall1 page #chb of the #hth ,edition of ,international ,law 7#aibd71 declares3 8,the requirement that contracts shall be in conformity with law invalidates1 or at least renders voidable1 all agreements which are at variance with the fundamental principles of international law and their undisputed applications 99 99 9940 ,lauterpacht on ,international ,law by ,l4 ,oppenheim1 in volume ,i1 page #gjf1 states3 8,it is a unanimously recognized customary rule of international law that obligations which are at variance with universally recognized principles of international law cannot be the object of a treaty40 ,the final condition under which deportation becomes illegal occurs whenever generally recognized standards of decency and humanity are disregarded4 ,this flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner4 ,a study of the pertinent parts of ,control ,council ,law ,no4 #aj strengthens the conclusions of the foregoing statements1 that deportation of the population is criminal whenever there is no title in the deporting authority or whenever the purpose of the displacement is illegal1 or whenever the deportation is characterized by inhumane or illegal methods4 ,article ,,ii 7#a7 7b7 lists under war crimes 8ill-treatment or deportation to slave labor or for any other purpose1 of civilian population from occupied territory40 ,it is clear that ,law ,no4 #aj establishes the following separate and distinct crimes3 ill-treatment of civilians from occupied territories2 deportation to slave labor of such civilians2 and deportation for any other purposes of such civilians4 ,the prohibition of deportation of civilians from occupied territories irrespective of the purpose1 as stated in ,control ,council ,law ,no4 #aj1 is a recognition of the principle of international law that a power in belligerent occupation has no right or authority 7title7 to deport the citizens of the occupied territories4 ,the separate specification as a war crime in ,law ,no4 #aj of ill-treatment of civilians from occupied territories is a recognition of the rule of international law1 as heretofore discussed1 that even an otherwise lawful deportation 7by an authority having title and for a legitimate purpose7 is rendered illegal where the deportees are ill-treated4 ,without entering into a detailed discussion of the evidence1 it should be pointed out at this point1 that all these conditions for criminal deportation were abundantly present in the enforced labor program of ,germany during the #b;d ,world ,war1 and that the knowing connection of the defendant with all phases of illegal deportation has been established4 ,article ,,ii 7#a7 7c7 of ,control ,council ,law ,no4 #aj specifies certain crimes against humanity4 ,among these is listed the 8deportation 99 99 99 7of7 any civilian population 99 99 9904 ,the general language of this sub-section1 as applied to deportation1 indicates that ,control ,council ,law ,no4 #aj has indeed unconditionally condemned1 as a crime against humanity1 every instance of the deportation of civilians4 ,under this sub-section1 there would seem to be no room for argument as to the legality of any agreement on the part of any government1 legitimate or illegitimate1 which allows deportation of its subjects in time of war4 ,we come now to a consideration of the crime of enslavement4 ,whereas ,article ,,ii 7b7 names deportation to slave labor as a war crime1 ,article ,,ii 7#a7 7c7 states that the 8enslavement 99 99 99 7of7 any civilian population0 is a crime against humanity4 ,thus1 ,law ,no4 #aj treats as separate crimes1 and different types of crime1 8deportation to slave labor0 and 8enslavement40 ,article ,,ii 7b7 does not specify as a crime the detention 7as distinguished from the deportation7 of civilians for use as slave labor or for any other purpose4 ,however1 the section does stipulate that any atrocities or offenses against persons which constitute violations of the laws or customs of war1 including but not limited to deportation to slave labor1 are war crimes4 ,use or detention of persons from occupied territories for slave labor or for any other purpose1 in and of themselves1 do constitute violations of the laws and customs of war4 ,ergo1 such use or detention is a war crime within ,,ii 7#a7 7b7 of ,law ,no4 #aj4 ,the crime against humanity which is termed 8enslavement0 in ,article ,,ii 7#a7 7c7 of ,law ,no4 #aj is susceptible of two meanings4 ,it can be understood to embrace the initial act of deprivation of the freedom of another1 and an act whereby such deprivation is continued1 or either of them1 or it may be interpreted as referring only to the initial measures whereby a person is deprived of his freedom4 ,it is the contention of the prosecution in this case that all phases of the slave labor program1 the taking1 the transportation1 the detention1 the use and the inhuman treatment of foreign workers as practiced by the ,nazi state and participated in by the defendant1 constitute enslavement within the meaning of ,article ,,ii 7#a7 7c74 ,no sufficient reason appears for the limitation of the crime to the mere initial act4 ,in every true and complete sense a person is enslaved from the moment when his liberty is taken from him until the time when it is restored to him4 ,it is more than probable that if ,law ,no4 #aj is intended to limit the crime of enslavement to the initial measures under which a person was deprived of his liberty1 there would have been some definite indication1 either in the language or in the context of the statute4 ,even if we were to concede the narrowest possible meaning for the term 8enslavement0 in ,article ,,ii 7#a7 7c71 so as to understand by it only the first acts of deprivation of liberty1 all acts under which such people were kept in an enslaved status would be crimes against humanity1 because the same section defines as such any atrocities and offenses committed against the civilian population4 ,by express proviso 8enslavement0 and 8deportation0 are only illustratively mentioned1 and 8other inhuman acts committed against any civilian population0 constitute crimes against humanity4 ,the result is that whether we adopt the broad interpretation of the term 8enslavement0 or the narrower one1 the deportation1 the transportation1 the retention1 the use and the inhuman treatment of civilian populations are crimes against humanity4 ,the prosecution charges that the defendant was criminally connected with all the phases of the slave labor program1 whether these divisions be comprehended within the technical term 8enslavement0 or be divided between the crime of 8enslavement0 and that of 8other inhuman acts40 ,we shall now make brief comment on the subject of the treatment and use of prisoners of war4 ,the ,hague and ,geneva ,conventions merely codify the precepts of the laws and usages of all civilized nations4 ,article #ca of the ,geneva ,convention provides that 8labor furnished by prisoners of war shall have no direct relation to war operations40 ,thus the ,convention forbids3 #a4 ,the use of prisoners of war in manufacture or transportation of arms or munitions of any kind1 and #b4 ,the use of prisoners of war for transporting material intended for combat units4 ,the ,hague ,regulations contain comparable provisions4 ,the essence of the crime of the misuse of prisoners of war derives from the kind of work to which they are assigned--in other words1 to work directly connected with the war effort4 ,the prosecution would like to recall to the court the evidence which connects the defendant with both the illegal employment of prisoners of war and with their abusive treatment4 ,the ,tribunal will recall that the defendant ordered the murder of prisoners of war who attempted to escape4 ,we will discuss this crime more fully later4 ,it will be remembered that there never has been a substantial denial of the fact that prisoners of war were used to man ,german antiaircraft batteries4 ,nor is it subject to doubt that prisoners were used in air armament industries over which the defendant exercised supervisory control4 ,we now come to the consideration of the basic charges and the law governing the defendant's complicity in1 and responsibility for1 the ,medical ,experiments ,program4 ,the fundamental crime with which the defendant is charged in this connection is murder4 ,also involved are various atrocities1 tortures1 offenses against the person1 and other inhuman acts4 ,the applicable provisions of ,control ,council ,law ,no4 #aj1 ,article ,,ii1 are 7b7 war crimes1 7c7 crimes against humanity4 ,in connection with the criminal ,medical ,experiments ,program1 the prosecution submits that the defendant is guilty of-- 7a7 ,war crimes1 namely violations of the laws and customs of war1 as the medical experiments performed upon involuntary persons1 some of them nationals of countries at war with the ,german ,reich1 involved the commission of murders1 tortures1 and other inhuman acts4 7b7 ,crimes against humanity1 namely medical experiments performed upon involuntary ,german nationals and nationals of other countries1 in the course of which1 brutalities1 murders1 and other inhuman acts were committed4 ,before we pass from the law involved in this case to a consideration of the evidence1 we wish to mention the legal basis for the prosecution's contention that the defendant must share the guilt which attaches to the slave labor program and the conduct of medical experiments upon unconsenting human beings4 ,control ,council ,law ,no4 #aj defines for us the theory upon which this trial proceeds in ,article ,,ii1 paragraph #b1 when it says3 8,any person without regard to nationality or the capacity in which he acted1 is deemed to have committed a crime as defined in paragraph #a of this ,article1 if he was 7a7 a principal or 7b7 an accessory to the commission of any such crime1 or ordered or abetted the same or 7c7 took a consenting part therein or 7d7 was connected with plans or enterprises involving its commission or 7e7 was a member of any organization or group connected with the commission of any such crime4 99 99 990 ,emphasis added4 ,without wishing to limit the scope of the testimony in this case1 the ,tribunal's attention is directed to the evidence which has established that the defendant1 as a member of the ,central ,planning ,board1 and the ,jaegerstab1 and as ,generalluftzeugmeister1 and in every one of his capacities1 was connected with 8plans and enterprises0 for the commission of war crimes and crimes against humanity1 and was a 8member of organizations and groups01 within the meaning of subdivisions 7d7 and 7e7 of paragraph #b1 8connected with the commission of such crimes04 ,count ,one1 paragraph #f1 of the indictment charges the defendant ,milch with guilt in the murder of prisoners of war who had attempted to escape from enforced labor in ,german war industry4 ,the gist of this crime is murder1 which is1 and always has been1 prohibited by every country which laid any claim to civilization4 ,it was specified as a war crime under the ,hague and ,geneva ,conventions and under the provisions of ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,the evidence which connects the defendant with this crime will be discussed in another part of this summation4 ,law ,number #aj1 ,article ,,ii1 paragraph #c provides that the death penalty or lesser sentences may be prescribed for the commission of war crimes and crimes against humanity as defined in the statute4 ,we turn now from the law to the evidence4 ,in the presentation of its case in chief1 the prosecution first offered evidence to describe the slave labor program in ,germany in all its stark terror4 ,it then turned to a presentation of the proof which connected the defendant with the slave labor program in two of his principal capacities1 as member of the ,central ,planning ,board and as member of the ,jaegerstab4 ,next there was put in evidence the documents which established the defendant's connection with the medical experiments1 and finally1 after the defense had put in its case1 the defendant was confronted with the evidence of additional documents which connected him with the detention and mistreatment of slave labor in his capacity as ,generalluftzeugmeister4 ,in summing up the evidence the prosecution wants to keep roughly the same order4 ,it will deal in turn with the evidence of the defendant's activities as member of the ,central ,planning ,board and as member of the ,jaegerstab4 ,the documents relating to the defendant as ,generalluftzeugmeister will then be dealt with and1 in conclusion1 the defendant's implication in the criminal medical experiments will be discussed4 ,when1 in the course of presenting the evidence1 we first turned our attention from the general documents which established the body of the crime of slave labor to the documents which were to prove the defendant's connection with that crime1 we asked the ,court's attention to certain key words which we said would run like small threads through our proof4 ,these words were cited to be 8procurement1 allocation and use04 ,it was stated that we would often use them4 ,we offered many documents to prove ,milch's connection with each of the functions described by these key words4 ,once again1 we ask the ,tribunal to keep these words in mind4 ,the ,central ,planning ,board1 which was established in ,april #aidb1 served as a means of consolidating in a single agency all controls over ,german war production4 ,the minutes of the ,central ,planning ,board which have been submitted to the ,tribunal reflect the dominant role played by the defendant at meetings of the ,board4 ,the best evidence of the scope and authority of the ,central ,planning ,board is contained in the ,board's own minutes4 ,the first conference of the ,central ,planning ,board was held on #bg ,april #aidb4 ,the duties and responsibilities of the ,board were announced in these words3 8,the ,central ,planning in the ,four ,year ,plan 7decree of the ,reich ,marshal of ,greater ,germany ,goering of #bb ,april #aidb7 is a task for leaders4 ,it encompasses only principles and executive matters4 ,it makes unequivocal decisions and supervises the execution of its directives4 ,the ,central ,planning does not rely on anonymous institutions difficult to control but always on individuals and fully responsible persons who are free in the selection of their working methods and their collaborations1 as far as there are no directives issued by the ,central ,planning40 ,then1 six months later1 on #bj ,october #aidb1 the statutes of the ,central ,planning ,board were published and distributed4 ,a portion of these states3 8,the ,central ,planning ,board created by the ,fuehrer and ,reich ,marshal in order to unify armament and war economy deals only with the decision of basic questions4 ,professional questions remain the task of the competent departments which in their field remain responsible within the framework of the decisions made by the ,central ,planning ,board40 ,it is addressed to3 8,the highest ,reich authorities1 the ,reich ,protector1 the ,governor ,general and the executive authorities in the occupied countries40 ,the letter of transmittal stated in part3 8,enclosed ,i send you for your information the statutes of the ,central ,planning ,board with the request to support the office of the ,central ,planning ,board in every possible way in its work1 and to direct1 more particularly1 your section chiefs and reporters to forward all information requested orally1 or by writing1 in the shortest possible time4 ,by this collaboration by your section chiefs and reporters1 the building up of larger machinery in the framework of the ,central ,planning ,board is to be avoided40 ,the ,international ,military ,tribunal found that the ,central ,planning ,board 8had supreme authority for the scheduling of ,german production and the allocation and development of raw material04 ,it needs no emphasis that the effective performance of these functions necessarily involved the ,board in the requisitioning and distribution of labor1 and the records of the ,board1 which have been submitted1 leave no doubt that the ,board exercised the authority conferred upon it in the field of labor4 ,the ,international ,military ,tribunal in its opinion found that the ,board requisitioned labor from ,sauckel with full knowledge that the demands could be supplied only by foreign forced labor1 and that the ,board determined the basic allocation of this labor within the ,german war economy4 ,in assessing the guilt of the defendant ,funk1 the ,court said3#add 8,in the fall of #aidc1 ,funk was a member of the ,central ,planning ,board which determined the total number of laborers needed for ,german industry1 and required ,sauckel to produce them1 usually by deportation from occupied territories4 ,funk did not appear to be particularly interested in this aspect of the forced labor program1 and usually sent a deputy to attend the meetings1 often ,,ss ,general ,ohlendorf1 the former ,chief of the ,,sd inside of ,germany and the former ,commander of ,einsatzgruppe ,d4 ,but ,funk was aware that the ,board of which he was a member was demanding the importation of slave laborers1 and allocating them to the various industries under its control40 ,bearing in mind the fact that ,funk was a minor member of the ,board1 how much greater is the responsibility of the defendant who was a dominant figure on the ,board throughout its existence4 ,there is no need to review in historical detail the defendant's personal participation in the criminal activities of the ,board4 ,a few references to the pattern for #aidd will suffice4 ,the ,tribunal will recall that ,albert ,speer1 the other dominant member of the ,board1 was ill during most of this period4 ,on #d ,january #aidd1 demands were made at a ,hitler conference that ,sauckel produce four million new workers from the occupied countries4 ,the defendant was present at the conference1 and at this meeting1 ,sauckel1 in pledging himself to perform his recruitment tasks1 indicated that the demands could be met only by ,himmler1 and the promise of assistance was forthcoming from the ,reich ,leader ,,ss4 ,the allocation of this labor to the various sectors of the ,german economy was determined by the ,board at its #ec;d meeting4 ,the defendant was the presiding officer at this meeting4 ,the chart compiled by ,milch and found in his files shows his personal knowledge of the sources of the labor being allocated4 ,sauckel was1 however1 unable to satisfy completely these demands4 ,he reported this inability at its #edth meeting4 ,this meeting of the ,board was presided over by the defendant1 and the minutes which we have submitted show the subordinate position occupied by ,sauckel with respect to the ,board4 ,the ,tribunal will recall ,sauckel's opening statement3 8,field ,marshal1 gentlemen1 it goes without saying that we shall satisfy as far as possible the demands agreed upon by the ,central ,planning ,board40 ,and then later on in the meeting3 8,if ,i am to fulfill the demands which you present to me 99 99 9940 ,we shall not review in detail the minutes of this meeting1 but the ,tribunal's attention is again directed to the fact that ,sauckel was questioned closely by the defendant who suggested that the ,wehrmacht be assigned to the task of assisting in the recruitment drive4 ,the defendant suggested that ,french workers be coerced by a system of premeditated starvation4 ,in dealing with the problem of ,italian laborers1 the defendant suggested that only those who went to ,germany or worked in protected factories be given food4 ,as a further means of meeting the manpower shortage1 consideration was given to possible measures for increasing the productive power of prisoners of war4 ,accordingly1 on #e ,march #aidd1 a conference was held at the ,fuehrer ,headquarters4 ,it is evident from the minutes which have been submitted to the ,tribunal that the defendant was in attendance4 ,the ,tribunal will recall that the decision was made to give the direction of the ,stalags to the ,,ss1 in order to increase the production power of the prisoners4 ,this was not to apply to the ,americans or the ,english4 ,the ,tribunal will take judicial notice of the methods of the ,,ss4 ,on #g ,july #aidd1 ,sauckel issued a report showing new manpower placed at the disposal of ,german war industry during the first half of #aidd4 ,we shall not review in detail this report1 but merely state that it is proof of the ,board's directive to ,sauckel4 ,this report1 however1 showed a deficit1 and on #aa ,july #aidd a further conference was held to solve the question of how greater compulsion could be exerted on persons to work in ,germany4 ,the defendant has testified that he was in virtual retirement from production matters since late ,june #aidd4 ,yet the record of this conference shows that he was present4 ,the result of this conference was the greater utilization of the ,wehrmacht in the recruitment of forced labor4 ,the directive of ,field ,marshal von ,kluge1 which has been submitted in evidence1 makes specific reference to the results of this conference4 ,here1 in brief1 we have the picture4 ,the defendant and the ,board1 of which he was a dominant member1 requisitioning forced labor from ,sauckel1 allocating this labor to the various sectors of the ,german war economy1 and later improvising new and more brutal techniques of force and terror for the recruitment of new labor4 ,the defense1 besides denying the power and authority of the ,central ,planning ,board1 has challenged the authenticity and accuracy of its transcripts4 ,the prosecution has been compelled to rely upon these minutes for much of its proof4 ,in this connection1 it might be said that these same transcripts constituted the basis for findings of fact by the ,international ,military ,tribunal4 ,they are quoted in the decision of that ,court4 ,the statutes of the ,central ,planning ,board1 mentioned a few minutes ago1 show the extreme care taken to insure the accuracy of reporting these meetings1 as well as action taken or ordered to be taken4 ,the statutes of the ,board provide in part3 8,in order to have the conferences properly prepared and to have the execution of the decisions supervised1 the ,central ,planning ,board appoints an office4 ,this office consists of the deputies appointed by each of three members of the ,central ,planning ,board2 one of these three deputies shall be appointed chief of the office40 ,then follows a handwritten marginal note which ,i shall omit4 8,in accordance with the attached distribution of work the office appoints reporters4 ,these reporters are at the disposal of all members of the ,central ,planning ,board4 ,the office appoints one reporter to keep the record40 ,and then1 tasks of the office3 8,the office prepares the meetings of the ,central ,planning ,board in such a manner that the members of the ,central ,planning ,board have the agenda and the material of discussion #bd hours in advance4 ,for this purpose the office conducts preliminary talks with the competent departments1 etc4 8,on the strength of the record made by the reporter1 the office sees to the execution of the decisions of the ,central ,planning ,board by the competent agencies1 and sees to it that the deadlines fixed are complied with4 8,the members of the office keep the members of the ,central ,planning ,board informed between the sessions40 ,the minutes of these meetings which have been submitted to this ,tribunal show that these proceedings were recorded and transcribed with characteristic ,german detail and accuracy4 ,we need only refer to the charts and tables1 and the remarks quoted in the transcripts4 ,of the #ei meetings fully covered by these official reports1 #da were prepared and signed by ,ministerialrat ,steffler1 who was personally responsible for the accuracy and completeness of these reports4 ,without the ,central ,planning ,board the slave labor program could not have functioned4 ,,the ,,jaegerstab4 ,here we have the defendant in immediate contact with the slave labor program at its peak4 ,by the testimony of the defendant1 it was he who conceived and instigated the formation of the ,jaegerstab4 ,speer and the defendant constituted its leadership4 ,speer's participation was nominal and it was the defendant who directed its activities and acted as its chairman4 ,speer was ill during part of the ,jaegerstab's existence and has stated to the ,court that he did not preside at a meeting4 ,the ,jaegerstab assumed control over fighter production when the exploitation of foreign forced labor in air armament had already reached unparalleled heights4 ,on #af ,february #aidd1 the defendant had told his colleagues in the ,central ,planning ,board that 8our best new engine is made #hh percent by ,russian prisoners of war40 ,on #be ,march1 he told his engineers that soon the percentage of foreign personnel in the aircraft industry would reach #ij percent4 ,reich ,leader ,,ss ,himmler1 reporting to ,goering on #i ,march #aidd on the employment of concentration camp personnel in the aircraft industry1 stated that nearly #cf1jjj prisoners were employed and that an increase to #ij1jjj was expected4 ,the formation of the ,jaegerstab is partly explainable in terms of the battle to increase the manpower resources available for fighter production4 ,the ,jaegerstab was assigned top priority4 ,projects for the recruitment and commitment of manpower were discussed by the ,jaegerstab4 ,the evidence presented before the ,tribunal has shown that questions of manpower were time and time again referred to the defendant4 ,we have seen him agreeing to use his prestige and influence upon ,sauckel in efforts to obtain new workers for aircraft production4 ,when manpower in sufficient numbers was not forthcoming through normal channels1 the ,jaegerstab did not shrink from other methods of obtaining its labor4 ,when necessary the ,jaegerstab recruited its own labor1 either directly or by engineering 8snatching0 expeditions for the seizure of manpower arriving on transports from the ,east4 ,the defendant's frank admission to his subordinates that 8international law cannot be observed here0 characterizes best his own participation in the activities of the ,jaegerstab4 ,where1 as was the case with ,france1 transfers of production facilities were concerned1 the defendant advocated the stripping of the country and the deportation of its people as prisoners of war4 ,when the discussion turned to ,,pw's1 the defendant was quick to suggest their transfer to places under air attack4 ,when the transportation of ,italian civilian conscripts directly recruited by the ,jaegerstab for service in ,germany was in question1 it was the defendant who advocated the shooting of those who attempted to escape4 ,the ,jaegerstab was no mere discussion group4 ,as an agency with absolute authority over fighter production1 the ,jaegerstab acted by orders and directives4 ,the ,jaegerstab fixed hours of labor and conditions of work4 ,it was the ,jaegerstab1 for example1 which established the #gb-;hour work week in the aircraft industry4 ,in addition to its jurisdiction over fighter production1 the ,jaegerstab was charged with the program for the decentralization of the ,german aircraft industry1 both to above ground bombproof installations and to subterranean locations4 ,much of the labor employed in both phases of the project was concentration camp labor4 ,the defendant must have known this fact4 ,one phase1 the transfer to new installations underground1 was under the immediate supervision of ,,ss ,gruppenfuehrer ,heinz ,kammler4 ,kammler was a member of the ,jaegerstab4 ,where1 as was the case in some instances1 labor was not forthcoming in sufficient quantity1 ,kammler informed the ,jaegerstab of his intention to take large numbers of persons into protective custody for use on his projects4 ,members of the ,jaegerstab knew that manpower shortages on the construction projects were at least in part due to the high death rate4 ,the conditions of employment on the projects have not been substantially disputed4 ,the ,jaegerstab was well informed of these conditions4 ,while on trips with the ,jaegerstab1 ,kammler visited these projects and his fellow members of the ,jaegerstab were well advised as to the manner in which workers employed on them were treated4 ,where it was necessary to hang thirty people merely as an example to others1 ,kammler reported this fact to the ,jaegerstab4 ,a second phase of the program1 the transfer of fighter production to bombproof factories above ground1 was carried out for the ,jaegerstab by ,stobbe-,dethleffsen and later ,xaver ,dorsch4 ,while ,stobbe-,dethleffsen and ,dorsch were immediately in charge1 it was the ,jaegerstab which received the funds and raw materials necessary for the carrying out of this project4 ,when sufficient progress had not been made under ,stobbe-,dethleffsen1 the ,jaegerstab demanded that ,dorsch carry out this program4 ,the defendant was a leader in the planning which preceded ,dorsch's appointment4 ,by the testimony of ,dorsch1 ,milch was one of a small group which worked out with ,goering the details of the project1 including the question of manpower4 ,dorsch was represented on the ,jaegerstab by ,schlempp1 and later ,knipping1 deputies designated for this particular purpose4 ,schlempp informed the ,jaegerstab on the progress of the work1 both orally and in writing4 ,dorsch received manpower from the ,jaegerstab4 ,this was the immediate concern of ,schmelter4 ,early in ,april #aidd the defendant represented the ,jaegerstab at conferences with ,hitler where the decision was first taken to carry out deportations4 ,shortly thereafter1 the defendant received written confirmation of the results of this conference1 as did ,himmler1 who was to procure the workers4 ,progress reports were made and delivery dates agreed upon4 ,then came the disappointing news that the first transports arriving at ,auschwitz consisted primarily of old men1 women1 and children4 ,later on there were reports as to the successful allocation of this personnel4 ,the testimony of ,dorsch shows that these ,jews were used on the construction projects1 that the conditions under which they lived were intolerable1 and that the death rate on the project was excessive4 ,in closing this phase of the case1 it is submitted that the defendant never resigned from the ,jaegerstab4 ,while it is true that the defendant at ,goering's behest was removed from certain offices in the ,air ,ministry in the summer of #aidd1 he retained his membership in the ,jaegerstab until its dissolution1 the prosecution contends4 ,as ,generalluftzeugmeister the defendant had complete control over aircraft production4 ,in this field his authority was unlimited4 ,in particular it has been shown that the defendant requisitioned labor for the aircraft industry with knowledge of the brutal and inhumane techniques employed in recruiting these laborers1 and that he gave directives for the criminal treatment of these laborers at the centers of production4 ,there is evidence that the defendant presented the labor demands of the aircraft industry to ,sauckel4 ,the ,tribunal will recall that in his affidavit ,sauckel stated that it was the defendant who produced the manpower figures for aviation4 ,in view of the position occupied by ,sauckel in the slave labor program1 this statement is of special importance4 ,the statement of ,sauckel is in agreement with the statements of ,hermann ,goering1 the defendant's superior in the ,luftwaffe4 ,in his interrogation the former ,reich ,marshal stated that the defendant was in charge of the division for labor employment in the ,air ,ministry and that the industry demands for labor in air armament were made by the defendant4 ,even the defendant's collaborator ,albert ,speer testified to the same effect when he stated3 8,the requests of the air armament industry for laborers were presented by ,milch and he did not permit anyone to take this right away from him until ,march #aidd40 ,the defendant as ,generalluftzeugmeister was acquainted with the methods employed in recruiting this manpower4 ,in fact1 many of the practices indulged in by ,sauckel were formulated at conferences at which the defendant was in attendance4 ,the ,tribunal will recall that the defendant was present at a conference in which ,goering announced his plan to use the ,luftwaffe in the recruitment drive to capture laborers in ,holland4 ,the ,tribunal's attention is also drawn to the ,generalluftzeugmeister meeting of #be ,january #aidd in which methods for the more expeditious deportation of young ,czechs for work in the ,luftwaffe were discussed4 ,the defendant also knew that prisoners of war and concentration camp personnel were included in the manpower he was requisitioning and distributing to the aircraft industry4 ,we have seen him trying to increase their numbers in the industry under his control1 and we have seen him ordering and abetting the inhumane treatment of this labor4 ,as chief of aircraft production1 the defendant regulated the treatment of foreign forced labor in the ,german aircraft industry4 ,the defendant fixed hours of labor and conditions of work and by directives to his subordinates set basic policies for the handling of this labor within the industry4 ,where foreign workers refused to work1 the defendant ordered that they be shot4 ,when these wretched slaves attempted to revolt1 the defendant directed that some of their numbers be killed1 regardless of personal guilt or innocence4 ,in the case of prisoners of war who attempted to escape1 the defendant ordered that they be shot4 ,when the 8contracts0 of workers under his control expired1 the defendant ordered their compulsory extension1 and when workers attempted to change jobs1 he advocated that they be put in concentration camps4 ,in the case of ,italians who refused to work1 the defendant ordered that they be beaten and so informed his chief1 ,goering4 ,and where ,frenchmen refused to work in ,french factories under his control1 the defendant stated that he would deport them by force and bring them to ,germany or to the ,east4 ,similar policies were applied by the defendant in the case of ,polish workers4 ,no more need be said about the ,generalluftzeugmeister4 ,the ,tribunal has seen the documents containing the minutes of the meetings4 ,the documents dealing with this phase of the case are particularly revealing in showing the fanaticism of the defendant and the enthusiasm with which he recommended ruthless treatment of the hapless victims of ,german occupation policies4 ,we will now restate the pattern originally presented in terms of the proof brought forward at the trial in order to ascertain to what extent the defendant's culpability has been established with reference to the medical phase4 ,first1 the body of the crime4 ,the prosecution contends that in violation of the laws of war and all the laws of humanity criminal high-altitude and freezing experiments were carried on by ,luftwaffe physicians4 ,the testimony of ,dr4 ,erich ,hippke1 the ,medical ,inspector of the ,luftwaffe1 is of interest on this subject4 ,hippke stated that ,dr4 ,rascher1 a ,luftwaffe physician at the time1 came to ,hippke with a proposal to use prisoners as high-altitude experimental subjects in ,may #aida4 ,hippke was in a receptive frame of mind1 for it was essential that the scope of these experiments be widened and new human subjects were needed4 ,the researchers working on the tests had developed a certain immunity so that results of self-experimentation did not give a true picture of the reactions4 ,with the aid of ,himmler and the ,,ss1 the ,luftwaffe was able to proceed with the experiments which were allegedly necessary in the interests of ,german military aviation medical knowledge4 ,but lest one be inclined to believe that these pressure experiments were considered as minor nuisances to the subjects concerned1 with no real dangers1 note the words of ,dr4 ,hippke3 8,i asked him10 speaking of ,rascher1 8how he would be able to obtain such persons for experimentation1 and he justified himself by saying that he had connections with the ,,ss who had charge of such penal prisoners4 ,there were such penal prisoners in ,dachau and he would be in a position to obtain them for these purposes4 ,i myself1 because of my inner personal feelings on the matter1 was very much against these experiments and could not make up my mind whether ,i should approve such experimentation40 ,from the very beginning of the plan to conduct these experiments1 ,dr4 ,hippke had strong mental reservations concerning the moral principles involved in the task which the ,luftwaffe doctors were about to undertake4 ,during the coming year ,hippke weighed the problem1 and it was with some misgiving that he finally allowed his doctors to begin the experiments1 saying to them3 8,please1 children1 go carefully40 ,but1 tragically enough1 his 8children0 did not go carefully4 ,instead1 they ran amuck with their scientific apparatus and tests4 ,the pressure experiments which were supposed to have been helpful to fliers of the ,luftwaffe degenerated into so-called 8,x-experiments01 which meant 8execution0 experiments4 ,seventy to eighty persons were murdered during the spring and summer of #aidb when the pressure experiments were carried on at ,dachau4 ,during the subsequent freezing experiments a comparable number of concentration camp inmates forfeited their lives to the sadistic ,dr4 ,rascher and his ,luftwaffe associates4 ,dr4 ,romberg himself admits having seen three persons die in the low-pressure chamber and concedes that at least nine other deaths may well have occurred when he was absent from his post at ,dachau4 ,wolfram ,sievers1#ade the manager of the ,ahnenerbe1 the ,,ss ,research ,institute1 witnessed the death of an experimental subject in the freezing tank4 ,there is adequate evidence that the low-pressure and freezing experiments were carried out by ,luftwaffe physicians for the benefit of the ,luftwaffe4 ,there has been no valid denial of the fact that the defendant was the ,luftwaffe official responsible for the deaths and cruelties suffered in these twin torture chambers1 the pressure chamber and the freezing tank4 ,now1 let us examine in more detail the second basic charge of the prosecution1 namely1 that the defendant was officially connected with these experiments which violated the laws of war and humanity4 ,we have the 8,wolffy0 letter of #bj ,may #aidb in which the defendant tells ,obergruppenfuehrer ,wolff of the ,,ss that 8the altitude experiments carried out by the ,,ss and the ,luftwaffe at ,dachau have been finished40 ,in this same letter ,milch announces that experiments in connection with perils on the high seas would be important2 that the necessary arrangements have been made and1 since the low-pressure chamber is no longer needed1 it must be moved from ,dachau4 ,thus the defendant has entered the picture and established his official connection with the high-altitude experiments and the low-temperature experiments1 which proved to be considerably more than mere harmless chilling tests4 ,if1 as the defendant contends1 he was not officially responsible for these ,luftwaffe medical experiments1 then it should follow that other persons connected with them would not take cognizance of the defendant in this matter4 ,the contention is ridiculous4 ,the witness ,wolff had the following to say regarding a meeting he had with ,milch in ,august or ,september #aidb3 8,thereafter1 we had discussed our official questions4 ,i inquired about how he was1 and if everything between the ,luftwaffe and the ,,ss was all right4 ,during that occasion we also spoke about these experiments very shortly1 if at all1 and we spoke of the invaluable help which the ,,ss was giving us by providing these voluntary inmates1 which was helping us with our medical material which could be used at the front40 ,it is to be noted that they talked about the experiments and ,wolff asked how the ,luftwaffe ,,ss relations were4 ,it is submitted that this demonstrates that ,wolff regarded the defendant as the top man in the ,luftwaffe ,medical ,experiments ,program1 as indeed he was4 ,then there are the two letters addressed to ,milch by ,himmler and ,wolff1 substantially alike in content2 ,himmler's1 dated ,november #aidb1 in which he cites the opposition that exists among 8,christian medical circles0 to conducting experiments on helpless1 involuntary concentration camp inmates4 ,he refers to the narrow-mindedness of such medical men1 which 8will take at least another ten years0 to remove4 ,but this narrow-mindedness did not trouble the consciences of ,himmler or the defendant ,milch4 ,decidedly not4 ,in the words of the ,reich ,leader ,,ss3 8,we two should not get angry about these difficulties40 ,the prosecution submits that ,himmler would not have written a letter in this tenor unless he was certain that his good friend ,milch would be in complete agreement with his views4 ,and how did ,himmler regard ,milch in connection with the experiments8 ,as a casual onlooker1 with a purely academic interest in the results obtained8 ,no1 ,himmler knew that ,milch possessed the over-all command1 the ultimate authority in the ,luftwaffe2 that the ,inspector ,general of the ,luftwaffe was the man to refer to whenever a question arose as to the disposition of the pressure chamber or the status of ,dr4 ,rascher4 ,witness ,himmler's request in his letter3 8,i beg you to release ,dr4 ,rascher1 ,stabsarzt in the reserve1 from the air force and to transfer him to me to the ,waffen ,,ss4 ,i would then assume the sole responsibility for having these experiments made in this field and would put the results1 which we in the ,,ss need only for the frost injuries in the ,east1 entirely at the disposal of the air force40 ,the logical corollary to this statement is inescapable4 ,if ,rascher was not transferred to the ,,ss and remained with the air force1 the responsibility would not be ,himmler's alone4 ,and we must remember that ,rascher did not leave his ,luftwaffe post until the year #aidc after the experimental atrocities had been largely completed4 ,then where did this responsibility rest8 ,himmler had no doubts2 it was on the shoulders of the defendant4 ,nor did ,karl ,wolff1 ,himmler's right-hand man1 have any doubts as to the responsible person in the ,luftwaffe1 with reference to the medical experiments4 ,he1 too1 wrote to ,milch requesting that ,rascher be released from the ,luftwaffe and transferred to the ,,ss4 ,here was a man1 who1 by his own testimony1 8had a good comradely relationship0 with the defendant4 ,on the direct examination1 ,wolff testified regarding his connection with ,milch3 8,q4 ,in your position during the war did you have any official dealings with ,milch8 8,a4 ,yes4 8,q4 ,in what connection8 8,a4 ,during peacetime--that is1 from #aicc on1 until #aici--there was a personal cooperation between ,milch and me4 ,all difficulties between the ,luftwaffe and the ,,ss were handled at personal conferences in a very comradely way4 ,this usage also took place during the war40 ,it is because of the situation above described1 that the prosecution has called ,wolff the liaison man between ,himmler and the ,,ss on the one hand1 and the defendant and the ,luftwaffe1 on the other4 ,the testimony and affidavit of ,walter ,neff1 the ,dachau prisoner who later became a block leader in ,dachau1 is of interest4 ,this man saw ,rascher often4 ,was ,milch's name mentioned by ,rascher in connection with the medical experiments8 ,it was4 ,in his affidavit1 which he did not repudiate when testifying before this ,court1 ,neff said3 8,the name of ,field ,marshal ,milch was frequently mentioned in ,dachau4 ,every time ,i asked ,dr4 ,romberg how long the cars and the low-pressure chambers would remain in ,dachau1 he assured me that ,milch would attend to everything4 ,dr4 ,rascher said to me that he had communicated with ,milch personally and that the cars would remain in ,dachau as long as he specified40 ,dr4 ,siegfried ,ruff1#adf an important figure in the medical experiments program1 head of the research section of the ,,dvl1 recognized the defendant ,milch as the supreme authority in the experimental program4 ,in his affidavit ,ruff said3 8,the entire medical research for aviation was under ,general ,dr4 ,erich ,hippke1 in his capacity as ,chief of the ,medical ,service1 until #aidd1 and subsequently under ,professor ,dr4 ,schroeder4 ,as ,chief of the ,medical ,service1 ,general ,hippke was immediately subordinate to ,field ,marshal ,milch 99 99 994 ,the chain of command for these experiments was ,milch--,hippke--,ruff--,romberg40 ,again there is the chart drawn up by ,dr4 ,oskar ,schroeder1#adg outlining the official ,luftwaffe channels through which orders flowed from ,milch to ,hippke1 and from ,hippke to the various doctors engaged in the actual process of experimentation4 ,schroeder thus knew definitely that ,milch was the ,luftwaffe ,chief in the medical experiments program4 ,he later succeeded ,hippke as ,medical ,inspector4 ,consequently1 his chart is entitled to material weight in the proof offered by the prosecution4 ,rudolf ,brandt1#adh adjutant to ,himmler1 often had occasion to deal with correspondence between the ,luftwaffe and the ,,ss1 regarding the experiments4 ,in referring to ,himmler's request that ,milch order ,dr4 ,rascher to be transferred to the ,,ss1 ,brandt wrote a letter to ,wolfram ,sievers1 of the ,ahnenerbe ,society1 stating-- 8,i assume that the ,field ,marshal will of himself give the necessary orders1 and then confine himself to sending a brief answer to the ,reich ,leader ,,ss40 ,and ,sievers writing to ,brandt about the use of the low-pressure chamber says-- 8,the putting at our disposal of the low-pressure chamber1 however1 will be possible then only if the ,reich ,leader ,,ss writes in person to ,field ,marshal ,milch concerning this40 ,these two men1 ,sievers and ,brandt1 were not uninformed of the course of the medical experiments nor of the competent personnel in the ,luftwaffe and ,,ss in this matter4 ,on the contrary1 ,sievers admitted witnessing the death of an experimental subject in the freezing tank1 and the subsequent autopsy1 while ,rudolf ,brandt stated in his affidavit-- 8,field ,marshal ,e4 ,milch and ,professor ,hippke1 ,inspector of the ,medical ,service of the ,luftwaffe1 were fully informed about the low-pressure experiments4 ,actually these experiments could not have been conducted without the knowledge and approval of these men1 as they were conducted for the benefit of the ,luftwaffe and the experimenting persons were mostly ,luftwaffe physicians40 ,in the eyes of other persons1 the defendant was the dominant force behind the ,luftwaffe participation in the ,medical ,experiments ,program4 ,the defense has brought forward no adequate proof to show that they were mistaken4 ,it is the conviction of the prosecution that no such proof exists4 ,the ,commander in ,chief of the ,luftwaffe1 ,reich ,marshal ,hermann ,goering1 was thoroughly familiar with the organization which was his brain child1 the ,luftwaffe1 and the way it functioned4 ,what importance did ,milch's position have in ,goering's mind8 ,his affidavit reads-- 8,included among the responsibilities of the ,office of the ,inspector ,general was the conduct of all research and experiments and of all matters pertaining to health and sanitation inspection 99 99 994 99 99 99 99 99 8,that ,generaloberstabsarzt ,erich ,hippke was the ,sanitation ,inspector of the ,luftwaffe during the period from #aida through #aidd2 that the ,office of the ,sanitation ,inspector was directly responsible for the conduct of all research and medical experiments2 that the ,office of the ,sanitation ,inspector1 of which ,generaloberstabsarzt ,erich ,hippke was the head1 was directly subordinate to the ,inspector ,general1 former ,field ,marshal ,milch1 and that former ,field ,marshal ,milch was responsible for all action taken by ,generaloberstabsarzt ,hippke1 or by the ,office of the ,sanitation ,inspector or its subordinates40 ,it has been established that criminal experiments1 high-altitude and freezing1 were carried on at ,dachau by ,luftwaffe physicians1 working under the orders and supervision of competent ,luftwaffe authorities4 ,we have shown that all ,luftwaffe personnel connected with1 or knowing about these experiments1 from those closest to the place where the experiments were conducted--,dr4 ,rascher1 and ,walter ,neff--to those high up in the positions of command--,goering and ,schroeder--looked to ,milch as the ultimate authority in the ,medical ,experiments ,program4 ,an investigation of the attitudes and convictions of the ,,ss officials concerned in this program discloses the same picture4 ,could all these men have been mistaken8 ,were they writing to and referring to the wrong man when they contacted the defendant8 ,to put forward such a proposition is to deny the facts4 ,there was no error1 the facts are indisputable4 ,the defendant was and is officially responsible for the ,medical ,experiments ,program of the ,luftwaffe4 ,lastly1 we come to the question of the defendant's knowledge of the experiments which were being carried out at ,dachau for the ,luftwaffe4 ,throughout direct examination by his defense counsel1 the defendant has consistently denied receiving reports authored by ,rascher or in any other way being informed of the criminal nature of those experiments1 until the time of this trial4 ,however1 he was very much interested in altitude experiments as such4 ,the following excerpt is from his testimony under questioning by ,dr4 ,bergold3 8,q4 ,witness1 how far were you interested in these high-altitude experiments in question as ,,gl8 8,a4 ,we were interested in the real altitude tests as ,i know it exactly1 because ,i want to state this figure as #ac1ejj meters1 and we added #ejj meters in order to get a square figure4 ,however1 we knew that this last #ejj meters1 which ,i have mentioned1 we were not too interested in that4 ,we were only interested in the first place in cabin planes1 too1 after a certain test had been carried out on #chh-;cabin suits1 whether it did not succeed or fail1 because a person could not move properly the way those suits were1 due to low pressure up there in the air is felt much more than here on the ground40 ,the ,tribunal's attention is directed to this figure of #ad1jjj meters1 which is approximately ten miles4 ,milch wanted that altitude simulated in the pressure chamber and the human reactions studied4 ,it was on #bj ,may #aidb that ,milch wrote his letter to ,wolff4 ,here he said that ,hippke had reported to him that the altitude experiments carried out by the ,,ss and ,luftwaffe at ,dachau were finished4 ,mention was made of ,rascher's availability for the forthcoming experiments dealing with sea perils4 ,and ,milch stated that the low-pressure chamber could no longer remain at ,dachau4 ,in this one letter1 the defendant demonstrates his knowledge that the ,,ss and the ,luftwaffe were conducting1 and had completed1 altitude experiments at ,dachau and that ,dr4 ,rascher was involved4 ,there is the letter of #d ,june #aidb to ,hippke1 wherein the defendant exhibits his authority in regard to the low-pressure chamber and the tasks of ,dr4 ,rascher4 ,on #be ,august #aidb1 ,himmler wrote to the defendant enclosing the report on the high-altitude experiments4 ,moreover1 he asked ,milch to receive ,drs4 ,rascher and ,romberg for a lecture and presentation of the film on the experiments4 ,himmler suggested that ,milch refer the matter to the ,reich ,marshal 8because of its importance04 ,this last statement should dispel any possible doubts as to the attention accorded these experiments by official ,german military circles4 ,in fact1 the defendant himself admitted discussing the experiments with ,goering on #ac ,september #aidb4 ,the defendant spoke of ,himmler's interest in the program1 and the apprehension felt by the ,medical ,inspector ,hippke1 although 8he did tell me that everything was all right40 ,the disposal of the pressure chamber was settled in this talk with ,goering4 ,the defendant has said that the experiments1 reports1 and other aspects of the matter were not known to him1 partly because he had no time for this1 and partly because he had no technical knowledge of the subject4 ,he would have this ,court believe that the experimental program was a minor matter--one that the ,inspector ,general of the ,luftwaffe would not pay close attention to4 ,yet we have seen that it was important enough so that ,himmler was frequently corresponding with the defendant or others on the subject4 ,it was important enough for the defendant to bring the matter to ,goering's attention1 even to the details of the disposition of the low-pressure chamber4 ,on #ca ,august #aidb1 the defendant wrote to ,himmler1 acknowledging receipt of the report on altitude experiments1 and telling ,himmler that he was 8informed about the current experiments04 ,while on the stand the defendant attempted to explain this letter by referring to the usage of ,german ,ministries1 where the form 8,i0 means the ,ministry as such4 ,but he admitted that he had written the closing sentences of this letter 8,i remain yours1 as ever1 etc40 ,here he did not deny that 8,i0 was used in its ordinary sense4 ,it is neither logical nor capable of belief that in the same letter to ,himmler1 defendant would use the word 8,i0 in two different senses4 ,it was also on #ca ,august #aidb that ,hippke discussed the experiments with the defendant1 expressing doubts and misgivings4 ,in reply to ,milch's question1 ,hippke told him that these doubts had not been substantiated4 ,thus it can be seen1 from ,milch's testimony itself1 that a cloud of suspicion and evil hovered over the entire ,medical ,experiments ,program4 ,it is useless1 indeed futile1 to punish the perpetrators of criminal acts on the one hand1 and to ignore those in high positions who have made possible the commission of the crimes4 ,the defendant has belabored the term 8duty0 in the course of his testimony4 ,he has spoken of his solemn oath to ,hitler and to the ,german people4 ,it would seem that it was incumbent upon the defendant to acquaint himself with the activities of his subordinates1 at least to the extent that he should have known that people were being murdered in experiments1 which from the evidence1 were useless as far as the advancement of the knowledge of aviation medicine is concerned4 ,the present case is not without judicial precedent4 ,a close analogy can be drawn between it and a recent case decided by the ,supreme ,court of the ,united ,states1 in re ,yamashita ,u4 ,s4 ,reports1 ,vol4 #cbg1 ,october term #aide1 ,nos4 #fa and #fgb4 ,the procedural and jurisdictional questions therein decided are of no moment to us now1 but the facts of the ,yamashita case are similar to those of the ,milch case1 and the opinion rendered by the ,court is particularly in point in the matter of responsibility for senior officers4 ,general ,yamashita was the ,commanding ,general of the #adth ,army ,group of the ,imperial ,japanese ,army in the ,philippines4 ,upon surrendering to ,united ,states ,forces1 he was indicted and tried as a war criminal before a ,military ,tribunal on the following charge--8while commander of armed forces of ,japan at war with the ,united ,states of ,america and its ,allies1 unlawfully disregarded and failed to discharge his duty as commander to control the operations of the members of his command1 permitting them to commit brutal atrocities and other high crimes against people of the ,united ,states and of its ,allies and dependencies1 particularly the ,philippines1 and he 99 99 99 thereby violated the laws of war40 ,the ,court summed up the issue as follows3 8,the question then is whether the law of war imposes on an army commander a duty to take such appropriate measures as are within his power to control the troops under his command for the prevention of the specified acts which are violations of the law of war and which are likely to attend the occupation of hostile territory by an uncontrolled soldiery1 and whether he may be charged with personal responsibility for his failure to take such measures when violations result40 ,the ,court cited ,articles #a and #dc of the ,fourth ,hague ,convention of #aijg1 ,article #ai of the ,tenth ,hague ,convention1 and ,article #bf of the ,geneva ,red ,cross ,convention of #aibi4 ,it then stated-- 8,these provisions plainly imposed on petitioner1 who at the time specified was ,military ,governor of the ,philippines1 as well as commander of the ,japanese forces1 an affirmative duty to take such measures as were within his power1 and appropriate in the circumstances1 to protect prisoners of war and the civilian population4 ,this duty of a commanding officer has heretofore been recognized and its breach penalized by our own military tribunals40 ,the ,court thereupon denied the petition for certiorari and leave to file petitions1 for writs of habeas corpus1 and prohibition4 ,in the case of the medical experiments1 we have a much less complex situation4 ,there is no question of a senior officer in an occupied country1 rather we are faced with a simple direct chain of command problem3 ,milch--,foerster--,hippke4 ,had ,milch given the order1 the experiments would have been terminated1 but no order of termination was given--people were murdered and ,rascher remained in the ,luftwaffe until he was transferred to the ,,ss in ,march #aidc4 ,the defendant had an affirmative duty to know what was going on1 and an affirmative duty to act so as to stop the experiments4 ,that he was ignorant of the true state of affairs is unbelievable in view of the letters and the testimony of those who were below him4 ,field marshals are not made as are noncommissioned officers4 ,the road is a long one in any army from the position of private to the lofty peak of a field marshal4 ,the defendant would have you believe that his powers were similar to those of a private first class4 ,yet we have seen him1 high in the councils1 a confidant of ,hitler1 one who could disagree with ,goering1 whose deputy he was on occasion1 a man who was so thoroughly skilled a soldier that he seriously requested an assignment as a division commander1 although his service had been in the air force for a decade prior to the request4 ,if the defendant was not the responsible officer in connection with the medical experiments1 then the scourge of the ,wehrmacht has not touched the continent of ,europe4 ,there is no one who knows better than the defendant the principle of responsibility in any army4 ,by holding the office which he held1 he had the duty to control the activities of those who were his subordinates1 to insure that they conducted themselves as soldiers and not as murderers4 ,he has failed woefully in the task4 ,we have concluded now our remarks regarding the criminal activities of the defendant in his various capacities with respect to the slave labor program and the medical experiments4 ,it remains only for us to deal briefly with the defendant's participation in the murder of two ,russian escapees1 to discuss his defense of irresponsibility because of a bad temper1 to discuss the use of ,,pw's1 and to touch upon the testimony of some of the witnesses who appeared in his behalf1 and the record of the meeting of #bc ,may #aici4 ,the defendant has maintained that he knew nothing about the shooting of the two ,russian officers who attempted to escape in ,february #aidd4 ,we have his own statement1 made at a time when the general situation1 from the ,wehrmacht's point of view1 was acute but not forlorn4 ,the ,international ,military ,tribunal has stated in its judgment concerning ,fritz ,sauckel1#adi speaking of a statement made by ,sauckel at a ,central ,planning ,board meeting1 8,although he now claims that the statement is not true1 the circumstances under which it was made1 as well as the evidence presented before the ,tribunal1 leave no doubt that it was substantially accurate40 ,the word 8circumstances0 as there used refers to a meeting of the ,central ,planning ,board on #a ,march #aidd4 ,milch made his statement at the prior meeting held on #af ,february #aidd 7#ec;d74 ,the letters submitted by the defense in connection with this episode are interesting4 ,the first and second from ,schmidtke on #aj ,january1 and from ,gangolf on #ac ,january1 refer to a similar incident other than that with which we are here concerned4 ,the third letter from ,winterstein on #ab ,january says nothing about the deaths4 ,the affidavit of ,prell1 other than stating that the deaths occurred on a ,saturday1 is of no value4 ,the witness ,barthelmess1 who made an affidavit though a resident of ,nuernberg1 was not called4 ,the affidavits of ,klein and ,popp were offered2 each is in a prison camp in the ,american ,zone1 yet neither was called4 ,the letter of ,janko recites the facts in a context suggestive of the words used by the defendant when he described the incident in the #ec;d meeting of the ,central ,planning ,board on #af ,february #aidd4 ,here1 too1 it is submitted that the circumstances under which the statement was made leave no doubt that it was substantially accurate4 ,the defendant boasted of his prowess as a commander who ordered executions when he would impress those who curried his favor at the ,central ,planning ,board meetings1 but now he says he had no authority to give orders and if he had given them1 they would not have been obeyed4 ,the defendant has offered1 as a plausible reason for the employment of ,russian1 ,french1 and ,italian prisoners of war1 the fact that various historical events made it unnecessary to abide by the terms of the convention concerning prisoners of war4 ,the witness von ,neurath testified that ,russia had renounced the conventions in question1 and hence ,germany could renounce them as to ,russia4 ,as for ,france1 it is contended that the alleged government headed by ,pierre ,laval had concluded an arrangement with the ,reich which made it legal to employ prisoners of war in tasks forbidden by the ,conventions4 ,a similar reason is advanced for the use of ,italian prisoners1 the concluding of an arrangement between the ,reich and ,mussolini4 ,the ,international ,military ,tribunal made a finding with respect to this matter4#aej 8,the argument in defense of the charge with regard to the murder and ill-treatment of ,soviet prisoners of war1 that the ,u4,s4,s4,r4 was not a party to the ,geneva ,convention1 is quite without foundation4 ,on #ae ,september #aida ,admiral ,canaris protested against the regulations for the treatment of ,soviet prisoners of war1 signed by ,general ,reinecke on #h ,september #aida40 ,i might add that ,admiral ,canaris was a member of the ,german ,navy4 ,resuming the quotation-- 8,he0--,canaris--8then stated1 #8,the ,geneva ,convention for the treatment of prisoners of war is not binding in the relationship between ,germany and the ,u4,s4,s4,r4 ,therefore only the principles of general international law on the treatment of prisoners of war apply4 ,since the #ahth century these have gradually been established along the lines that war captivity is neither revenge nor punishment1 but solely protective custody1 the only purpose of which is to prevent the prisoners of war from further participation in the war4 ,this principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people 99 99 994 ,the decrees for the treatment of ,soviet prisoners of war enclosed are based on a fundamentally different viewpoint4' 8,this protest1 which correctly stated the legal position1 was ignored04 ,the defendant was a soldier of some experience1 he knew it was improper1 even criminal1 to have the ,russian prisoners work in the ,luftwaffe factories1 but he paid no attention to the breach of this duty of the soldier4 ,the manner in which the ,reich bludgeoned a treaty from the ,french is too well known to warrant discussion4 ,it cannot be contended with any seriousness that the ,french prisoners of war1 who were negotiated into slavery by a puppet government1 were voluntary employees of the ,germans4 ,indeed the witness ,le ,friec has testified that when he was taken to work in the airplane factory1 he was told that he would 8work on baby carriages04 ,the position of the defendant with reference to ,italian prisoners of war and their illegal employment is still more absurd1 if that is possible4 ,the ,wehrmacht had moved into ,italy early in the war1 and in #aidc1 when the ,badoglio government concluded an armistice with the ,allies1 the ,wehrmacht continued to occupy the northern part of ,italy as an occupying power4 ,they allegedly made a treaty with the by then tottering shadow of the former sawdust ,csar and proceeded to bring the ,italian prisoners of war to the ,reich to work4 ,here again the soldiery had been sold into bondage by their former chief4 ,the record shows that the ,russian1 ,french1 and ,italian prisoners of war were used to work in airplane factories4 ,whether they made the fighter plane1 ,me #aji1 or the jet fighter1 ,me #bfb1 or the transport plane1 ,ju #eb1 is of little moment4 ,in the total warfare in which the ,reich was engaged1 there is one certainty1 that nothing was being constructed which was not part of the war armament program4 ,the ,international ,military ,tribunal stated in this connection--#aea 8,many of the prisoners of war were assigned to work directly related to military operations1 in violation of ,article #ca of the ,geneva ,convention4 ,they were put to work in munitions factories and even made to load bombers1 to carry ammunition and to dig trenches1 often under the most hazardous conditions4 ,this condition applied particularly to ,soviet prisoners of war4 ,on #af ,february #aidc1 at a meeting of the ,central ,planning ,board1 99 99 99 ,milch said3 #8,we have made a request for an order that a certain percentage of men in the ,ack-,ack artillery must be ,russians2 #ej1jjj will be taken altogether4 ,thirty thousand are already employed as gunners4 ,this is an amusing thing1 that the ,russians must work the guns'04 ,that every aircraft factory in the ,reich had antiaircraft batteries to protect it goes without saying4 ,who would know better than the defendant that such use was made of the ,soviet prisoners of war8 ,further1 this type of artillery was a part of the ,luftwaffe and not a separate branch in the ground forces1 as it is in the ,u4,s4 ,army4 ,the witness ,foerster has testified that ,soviet prisoners of war worked at the gun positions4 ,if the number two man in the ,german air force could not have done anything toward arranging that the prisoners of war did not work in the factories1 or work the guns1 then no one in the ,wehrmacht could have done anything about the situation4 ,we have heard much of the defendant's violent temper and the resulting statements which1 witnesses assert1 were never taken seriously by those who heard them4 ,the explanations offered by the defense are as frivolous as the alleged outbursts were frequent4 ,it would have been difficult1 if not impossible1 for one who occupied the positions held by the defendant1 to accomplish anything if his subordinates had to sift all of the strong statements he made1 in an effort to determine which of them were seriously said4 ,further1 his strong statements about the procurement and treatment of laborers are closely aligned with the grim reality as we have seen it4 ,we submit that this man of violent temper believed in1 and consciously advocated1 the ruthless measures he recommended1 and that his subordinates1 to the best of their ability1 complied with his recommendations4 ,it is not reasonable to assume that one with his power could have made statements1 of the kind of which we have heard here1 and that he would then rely on the good offices of those who were around him to insure that nothing was done as a result of these statements4 ,the ,reich was not a country of innocent victims of one tyrant1 but rather it was composed of a series of tyrants1 each like the master tyrant1 each with his own group of subordinates1 who carried out the wishes and whims of their respective chiefs4 ,if all men who held positions of authority in the ,reich are to be believed when they say that they were personally opposed to criminal excesses1 then we have the fantastic conclusion that these crimes were committed in the face of influential and unanimous opposition4 ,the witnesses produced by the defense left a little to be desired4 ,without indulging in exhaustive detail1 a few statements made by some are worth comment4 ,the witness ,koenig said that he didn't know ,himmler was head of the ,,ss until #aide4 ,the witness von ,brauchitsch did not know families were broken up and sent to concentration camps4 ,it was this man1 the aid to ,goering1 who passed on the ,terboven letter of ,may #aidb to the defendant4 ,the ,court will recall that the letter told of the attempted escape and the resulting concentration camp detention of the ,norwegians4 ,it was the defendant who said that an attempt to escape by a prisoner of war is an honorable thing4 ,would not a similar effort on the part of some ,norwegians merit something less than a concentration camp8 ,brauchitsch had said a little earlier that he did not know that foreigners were in concentration camps4 ,the witness ,felmy has stated that some ,yugoslav partisans were sent to ,germany as laborers4 ,the witness ,schniewind1 who was present at the conference of #bc ,may #aici1 did not under any circumstances gain the impression that aggression was announced4 ,the witness ,vorwald1 a subordinate of the defendant and hence his concern for these proceedings1 may be assumed as being something short of disinterested1 was thoroughly glib and exceptionally agreeable4 ,he even agreed with the statement1 on cross-examination1 that the forces of the ,reich were no longer in ,africa in #aidc4 ,it is a matter of historical record that the invasion of that ,continent began in ,november #aidb and that the campaign was concluded in the spring of the following year4 ,the witness ,koerner1 still laboring under the spell of the former leaders1 stated that he believed ,goering to be the last great man of the ,renaissance4 ,the last witness of whom we shall speak is ,karl ,wolff4 ,in his affidavit he spoke of meetings between ,himmler and ,milch over coffee and cigars4 ,he spoke of the great cultural works of the ,,ss4 ,was he speaking of ,dachau and ,mauthausen8 ,with some vehemence1 he insisted that he had deported only #a1jej ,jews from all of ,italy4 ,he knew nothing of ,dachau that led him to believe that anything unusual was happening there2 although he did say that1 in his visit there in #aidb1 the place was so clean that one could have eaten from the floor4 ,these represent a fair cross section of the witnesses1 all of whom had roles of varying importance in the tragedy with which we are here concerned4 ,even as the defendant contends that he knew nothing of what went on1 so do they echo the same refrain4 ,much time has been spent in attempting to discredit the ,schmundt record of the #bc ,may #aici meeting4 ,the ,court is familiar with the findings which have been made by the ,international ,military ,tribunal on this subject4 ,there has been no additional light thrown on the matter by the evidence here presented to indicate that the ,schmundt record is anything other than a correct record of the events which transpired at the meeting4 ,we wish to discuss now in conclusion one document offered by the prosecution4 ,this we have saved until the last because we believe that of all the evidence presented by the prosecution it is most typical of the defendant as a man and as a ,nazi4 ,we refer to the minutes of the conference of air force engineers and others which was presided over and was addressed by the defendant on #be ,march #aidd4 ,this document1 like so many others in this case1 was initialed by the defendant4 ,the defendant stated that1 as of the date of the conference1 8,we have in our employ today approximately #fj percent foreigners 99 99 9940 ,he continued1 8,the ratio is gradually approaching #ij percent foreigners1 with #aj percent ,german managers40 ,these are statements by a man who said he did not know about the extent to which foreign labor was used in his own industry1 let alone in ,germany4 ,he stated that-- 8,the ,fuehrer order provides clearly that the fighter plane program1 which the ,jaegerstab is starting1 has priority over all other fields of armament 99 99 9940 ,he showed knowledge of the production of tanks and infantry munitions4 ,he spoke of having the air force production 8to an extent safely underground0 in four months' time4 ,it is here that he stated that he was head of the ,jaegerstab and that ,saur was his deputy and ,chief of ,staff4 ,touching on his conferences with the various plant officials1 he stated-- 8,on the spot the individual gentlemen are then told--supported by the combined authority of the ,state1 the ,wehrmacht1 and the ,party1 that is ,saur and me1 ,speer is unfortunately still on sick leave1 otherwise he would also be present--what it is all about40 ,he commented on labor-- 8,thus1 all pertinent questions are dealt with in the conferences about the commitment of labor and all competent men1 who have anything to do with the commitment of labor1 meet1 especially the president of the competent provincial labor office4 ,thus it is determined on the spot1 in the individual spheres1 what the factory lacks40 ,this is the man who has constantly maintained that he had nothing to do with labor4 ,one can readily imagine a session between the ,luftwaffe field marshal and a labor office chief4 ,we have heard the defendant deny and re-deny any knowledge of the slave labor program as such1 let alone the extent to which it went4 ,it is our contention that anybody who walked the streets of ,germany could not have failed to have become aware of the activities which were being carried on by ,sauckel and his henchmen4 ,he makes an interesting reference to bureaucracy3 8,it is an error to believe that civilian offices are more bureaucratic than military offices4 ,on the basis of my continuous and extensive experience1 ,i can assure you exactly the opposite is true40 ,this from one who would have the ,tribunal believe that his staff and officers were one big happy family who ran things in a rather casual catch-as-catch-can fashion4 ,speaking of the arrival of laborers1 he said-- 8,in brief1 the people arrive there and are put to work there4 ,if any doubts exist as to whether a request is justified--for the people are not requested by numbers1 but as electricians1 blacksmiths1 fitters1 turners1 as unskilled laborers1 as foreigners--then this is settled4 ,if the result shows that the request for people is not justified1 then the matter is referred to a commission and this commission examines the facts within #dh hours4 ,if it becomes apparent that dirty dealings are going on1 my special court martial is called into play1 and it hands down a quick decision40 ,this from a man who has stated that he had no power to give orders4 ,he stated further1 8the normal work week in our industry is #gb hours40 ,the witness ,krysiak testified that they worked #hd hours at the factory where the ,mauthausen inmates were employed4 ,speaking of the difficulties that resulted from the hoarding of spare parts by the various foremen1 he said-- 8,now it is your task to teach these people some sense and to put the entire system of hoarding on a sensible basis4 ,i therefore ask you1 as the senior authorities in the field3 teach that to these people by force4 ,there is no sense in writing letters4 ,such letters are not read4 ,they would not understand them anyhow40 ,the wish of a field marshal is as an order1 and he advocated the use of force on his own people4 ,the extent to which he urged that they go was expressed a few lines further on when he stated-- 8,whoever hoards supplies must be punished immediately4 ,by punishment ,i also mean shooting4 ,for if these people are told what is at issue here1 and they still try to hide parts of their supplies or to cover them up1 that is dirty dealing and a crime against ,germany4 ,i want to say that very clearly and ,i want to say it in very sincere words1 so that you yourselves will realize that we are dealing here with a question which is of decisive importance for ,germany's well-being1 that we are not dealing with an ordinary point of discussion but with a question which decides about the life and death of ,germany40 ,he advocated killing ,germans1 not slackers but hoarders4 ,he consciously used strong language1 yet he would have it believed that he never spoke harshly except in a rage and that nothing ever came from his outbursts4 ,he indicated knowledge of the overall figures on the breakdown of working hours4 8,in considering the figures one has to know that #eb percent of the total man-hours are spent in equipping a plane and only #dh percent in building the aircraft frame and engine40 ,he has said that he was powerless to do anything about requests from industry1 yet he stated-- 8,if ,i want something from industry1 then industry comes and says1 #8,yes1 ,i have those and those requests4' ,only then can ,i do what you want40 ,he again speaks of the death penalty when he says-- 8,gentlemen1 in this connection ,i may call your attention to another important point4 ,if ,i visit an office and find out that something is being hidden there1 then ,i ask for the death penalty for such a crime today4 ,that is fraud4 ,that is sabotage of the ,german armament industry40 ,can it be seriously contended that these words were regarded by the listeners as mere outbursts8 ,next we have another illuminating passage on his attitude toward prisoners of war4 8,then there is still the human factor4 ,we often had considerable difficulty with the human factor4 ,the fluctuation there is very considerable4 ,the quota of the ,luftwaffe in the distribution of manpower was considerably lowered4 ,the foreigners run away4 ,they do not keep any contract4 ,there are difficulties with ,frenchmen1 ,italians1 ,dutch4 ,the prisoners of war are partly unruly and fresh4 ,the people are also supposed to be carrying on sabotage4 ,these elements cannot be made more efficient by small means4 ,they are just not handled strictly enough4 ,if a decent foreman would sock one of those unruly guys because the fellow won't work1 the situation would soon change4 ,international law cannot be observed here4 ,i have asserted myself very strongly and1 with the help of ,saur1 ,i have represented the point of view very strongly that the prisoners1 with the exception of the ,english and the ,americans1 should be taken away from the military authorities4 ,the soldiers are not in a position1 as experience has shown1 to cope with these fellows who know all the answers4 ,i shall take very strict measures here and shall put such a prisoner of war before my court martial4 ,if he has committed sabotage or refused to work1 ,i will have him hanged right in his own factory4 ,i am convinced that that will not be without effect40 ,these words are strangely reminiscent of his speech at the #ec;d meeting of the ,central ,planning ,board4 ,he knew he had advocated and participated in flagrant violations of international law and here he went on record on this subject4 ,we see the defendant making a 8big request0 of the ,quartermaster ,general and calling for 8energetic action0 by the chief of supply4 ,this was a meeting of considerable moment and these statements did not go unheeded4 ,he spoke of the laborers4 899 99 99 ,we in the ,luftwaffe armament industry have ,russians1 ,french prisoners of war1 ,dutch1 and members of #cb other nations4 ,the obtaining of interpreters alone presents a big difficulty there40 ,then he adds-- 8,we1 the ,quartermaster ,general and ,generalluftzeugmeister1 have already agreed that we are to balance the personnel also4 ,above all it is necessary that the member of the troops be treated in exactly the same way as the industrial worker40 ,we have a strong statement concerning the feelings of the ,german worker4 ,he said-- 8,by unjust treatment the ,german worker means that the treatment is not the same for all4 ,that is what makes the ,german worker indignant4 ,he wants everyone to be treated the same way4 ,he wants justice and does not want to be ill-treated in words or any other way4 ,he cannot stand it and he is right in not being able to stand it40 ,the defendant advocated that the ,german worker be carefully handled4 ,the ,tribunal has heard from the witnesses ,ferrier1 ,le ,friec1 and ,krysiak how the foreign workers were handled4 ,he outlined the working program for the ,easter week end-- 8,finally ,i ask that the troops receive the fundamental order to work on ,good ,friday1 the ,saturday before ,easter1 and on ,easter ,monday in the same way as the people in the factories4 ,the soldiers just do not have to go on furlough either4 ,they must be told why40 ,are these the words of a man who is without authority to issue orders concerning the troops8 ,he acknowledged his employment of ,russian prisoners of war and advocated that shirkers among the factory laborers be whipped back to their jobs4 ,he said-- 8,i further ask for support by the ,luftwaffe physicians4 ,with all the rabble that we have among the foreign workers there is of course a lot of shirking4 ,at the moment the ,russians--that is1 the ,russian prisoners of war--are feigning a lot of fatigue and illness4 ,the incidence of sickness of one and a half to two percent which we have had up to now has at least doubled1 and in some factories it has been increased to eight1 nine1 and ten percent4 ,that is1 of course1 done by previous agreement4 ,there the official physicians must undertake an examination and if the physicians1 who have to be very strict1 find out that it is not true1 then we return the fellows to work by means of the whip4 ,then the whip serves as cure40 ,he again spoke of orders that have been given4 8,if the factory knows3 ,now we are going to be attacked1 and it has a few trench shelters but does not have a bombproof shelter or the like1 then the people simply ran away from the factory automatically at each raid after the first one1 and they could usually not be caught the next day either4 ,that applies particularly to the foreigners4 ,we have therefore now issued the following order1 and have equipped the superiors accordingly with weapons and pistols3 ,as soon as a factory which has already been attacked a few times can count on the raid's being aimed at that particular factory again1 then the personnel leave the factory1 but in closed groups by shops1 under the leadership of the man in charge of the shop1 and1 to the extent that they are ,german personnel1 they leave singing military songs40 ,are superiors armed with weapons and pistols to lead contented ,german workers away from a factory in case of an air-raid8 ,little wonder that the foreigners who had been brought in like chattels ran away when the opportunity presented itself4 ,were these workers who were fleeing1 voluntary workers8 ,commenting on the gravity of the task of fighter production1 and the importance of the months of ,april and ,may #aidd1 he said-- 8,that will be decided in six to eight weeks4 ,if we succeed in this1 then we will once again have time to carry out all the other tasks and jobs of this war and can also achieve greater successes in other fields40 ,were the 8other fields0 tasks to be accomplished in the sowing of seeds of the ,reich's culture8 ,the defendant has said that he knew nothing about the living conditions of the foreigners4 ,it is obvious that he knew something1 for he said-- 8,i also ask you to be of considerable assistance in the question of lodging in connection with the question of the relationship between our military personnel at the airfields and the workers4 ,if we bring the people over to work1 we also have to provide them with places to live4 ,as far as foreigners are concerned1 this has to be done in some suitable way4 ,they cannot be put together with our people1 just like that4 ,but they should not be so far away from the airfield that one cannot get them to work at all40 ,no1 don't let them live with the native workers1 but be sure that they live close enough to the factory so that they can put in their #gb hours a week6 ,the importance of the fighter program is emphasized when he said-- 8,there are no laws of bureaucracy1 there are no regulations1 there is nothing at all as important as the task of winning the war40 ,the defendant could not agree with anything that ,hitler stood for after ,march #aidc4 ,he was trying to get out1 but here he speaks of ,hitler and his henchmen--men who1 he said1 were leading ,germany to certain catastrophe3 8,it is quite surprising how the population has endured this thing so far and how it always gets on its feet again when it is led in the proper way by true leaders who1 thank ,god1 are present among the people through the ,party and the rest of the leadership4 ,but you must not forget1 gentlemen1 war nerves have reached a point which cause us in the leadership group worry40 ,he has said that he was not a wholehearted ,nazi1 but here he referred to himself as one of the true leaders and this at a time when the hands on the clock tolling the hours of the ,reich were approaching twelve4 ,yet he would have you believe that he was a minor man4 ,he did not confine his speaking efforts solely to the ,luftwaffe2 he was one of the leaders1 and as such it was natural that he should address the armament feeder industry4 ,on that subject he said-- 8,what ,i am telling you today was told the other day to the entire armament feeder industry--that includes the blacksmiths1 foundries1 crankshaft workers of the iron producing industry1 etc4 ,they were likewise exhorted to produce the maximum4 ,in the same way the ,gauleitungen1 all of the provincial offices1 wherever we were1 were addressed by us to that effect4 ,but everyone considers that if he does not do his duty1 we do not ask whether there is a law1 we ask only that he is the responsible one1 and that we will seize him no matter who he is40 ,his first peroration is indicative of his attitude4 8,please go wherever you are going and knock everybody down who blocks your way6 ,we cover up everything here4 ,we do not ask whether he is allowed to or whether he is not allowed to4 ,for us1 there is nothing but this one task4 ,we are fanatics in this sphere4 ,we do not even consider letting anything at all distract us from that task4 ,no order exists which could prevent me from fulfilling this task4 ,nor shall ,i ever be given such an order40 ,yes1 the defendant was a fanatic4 ,too1 he was one who could cover up4 ,it was a willful man who could say that4 ,there is an interesting statement concerning the number of employees of the ,luftwaffe4 ,the defendant set it at #a4h million4 ,this is somewhat in excess of the 4#e million figure that one witness mentioned4 ,it has been insisted that he had nothing to do with labor1 it has been insisted that he could give no orders1 yet in his second peroration to the same speech1 he said-- 8,we have given orders that will make you laugh4 ,some labor control office or other suddenly declared that the ,jaegerstab was not entitled1 according to paragraph so-and-so1 to establish a #gb-;hour workweek2 it was not valid4 ,i said3 ,the gentleman is herewith informed1 if he should say such a thing once more1 he will be picked up2 ,i have excellent cellars in this house4 ,then the opposition disappears immediately4 ,but you have to count on such things1 and the difficulty for you is that1 in order to get through all the junk1 one should clean out1 first of all1 a whole lot of little pigsties4 ,something will come out of this whole affair with us1 yet4 ,whoever of my technical people from the ,ministry does not earn his keep with the ,jaegerstab now1 and does not cooperate1 ,i guarantee that he will never appear again in this ,ministry1 in the machine where ,i give the orders40 ,is this the man who said he could not have people sent to concentration camps8 ,the witness ,krysiak was 8picked up0 for having said in #aidj that ,germany would lose the war4 ,he was arrested by the ,gestapo as the result of a private conversation4 ,it is unbelievable that a field marshal could not1 and did not1 exercise the same power4 ,today is the third anniversary of the speech of #be ,march #aidd made by the defendant4 ,his closing remarks on that day detail decisively the philosophy of the then field marshal of the ,luftwaffe4 ,those assembled had been listening to their chief since midmorning4 ,the hour was late4 ,the hands of the clock were past twelve4 ,germany was in the fifth year of war4 ,the defendant was concluding his speech4 ,he said-- 8,gentlemen1 ,i know1 not every subordinate can say3 for me the law no longer exists1 but he has to have someone who covers up for him4 ,not out of cowardice1 but if you act according to the spirit of the old field service regulation1 #8,abstaining from doing something hurts us more than erring in the choice of the means'1 and if1 moreover1 you keep in touch and immediately clarify difficult points so that something can be done1 then we are willing to accept the responsibility1 whether this is the law or not4 ,i see only two possibilities for me and for ,germany2 either we succeed and thereby save ,germany1 or we continue these slipshod methods and then get the fate that we deserve4 ,i prefer to fall1 while ,i am doing something that is against the rules but that is right and sensible1 and be called to account for it1 and1 if you like1 hanged1 rather than be hanged because ,papa ,stalin is here in ,berlin or the ,englishmen4 ,i have no desire for that4 ,i would rather die in a different way4 ,but ,i think we can accomplish this task1 too4 ,we are in the fifth year of war--,i repeat3 ,the decision will come during the next six weeks4 ,heil ,hitler60 ,the time is at hand for another decision1 a decision which will follow the dictates of sound reason4 ,the record which will be made by this ,tribunal and its judgment will be one that shall give courage to peaceful free men everywhere4 ,indeed1 the defendant is fortunate that the decision in the present case is in the hands of those who do believe that the law exists and will continue to exist4 ,there is no place for passion or for prejudice in the ceaseless tasks1 the seeking of truth and the establishing of justice4 ----- #adc ,mr4 ,clark ,denney delivered the closing statement before the ,tribunal on #be ,march #aidg1 ,tr4 pp4 #bdcf-bdhh4 #add ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #cjf1 ,nuremberg1 #aidg4 #ade ,defendant in case of ,united ,states vs4 ,karl ,brandt1 et al4 ,see ,vol4 ,i4 #adf ,defendant in case of ,united ,states vs4 ,karl ,brandt1 et al4 ,see ,vol4 ,i4 #adg ,same as preceeding footnote4 #adh ,same as preceeding footnote4 #adi ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #cba1 ,nuremberg1 #aidg4 #aej ,ibid41 p4 #bcb4 #aea ,ibid41 p4 #bdf4 ,b4 ,closing ,statement of the ,defense#aeb ,,dr4 ,,friedrich ,,bergold3 ,may it please the ,tribunal4 ,in my opening statement ,i drew a picture of the defendant ,milch which differs considerably from the description given by the prosecution4 ,it is my hope that in the long course of producing evidence ,i have given proof that my conception is the full truth4 ,according to the testimony of the witness ,richter1 the affidavit of the witness von ,mueller and according to the defendant ,milch's own testimony1 nobody can doubt that ,milch has never been a good ,national ,socialist4 ,his love for peace and his longing for a final understanding between the nations of ,europe1 especially between ,belgium1 ,france1 ,england1 and ,germany1 became completely obvious4 ,no one who believes in justice would refuse to believe him if he states that he regarded the war as a misfortune4 ,he was also one of the few intelligent men to admit ,germany's defeat in the ,first ,world ,war4 ,there was no proof supplied that in any way prior to #aicc he supported any armaments4 ,his testimony and military affidavit from von ,mueller have shown that under his management the ,luftwaffe was always a peaceful instrument of communication among the nations4 ,it is to be regretted that the examination of foreign politicians1 such as ,van ,zeeland1 ,pierre ,cot1 and ,delbos1 were not permitted1 because only then the personality of ,milch would have been shown in its true light4 ,he must have been a peaceful and just man2 otherwise1 all these statesmen would not have had confidence in him4 ,even the witness delegate ,messersmith1 whose affidavit1 ,document #agfj-,,ps1 was introduced in the ,international ,military ,tribunal proceedings1 affirmed that ,milch condemned the coercive methods of the ,nazis4 ,he was different from the other ,party members1 so that after #aicg he lost ,goering's confidence4 ,at that time he asked to be allowed to retire but in spite of his threat of suicide1 he did not obtain that permission4 ,such a man of such a past must be believed when he testified that even in #aici he had no knowledge of ,hitler's aggressive intentions4 ,milch had misgivings about ,hitler because he regarded the measures taken against ,czechoslovakia as a breach of peace1 and he was sufficiently intelligent to see that ,britain would no longer tolerate such violations4 ,hitler was dishonest with him and always put before him his intentions for peace1 even forbidding him the manufacture of bombs4 ,the defendant never requested the manufacture of bombs because he intended to lead a war of offense1 but only because1 understanding the international situation1 he was convinced that ,england would fight against the ,nazi regime4 ,up to that time1 your ,honor1 nobody can find any inconsistency in the defendant's outlook4 ,it was no offense if he requested a ,wehrmacht for his country in view of the world situation1 and therefore he favored a reasonable rearmament4 ,as long as all nations were peace-minded and maintained armies1 ,germany had the right to maintain armed forces as well4 ,i beg you to remember that the defendant demanded from his superiors that rearmament should be effected in a slow and reasonable manner and that he had differences with them on account of this4 ,it was not for nothing1 your ,honor1 ,i repeat that4 ,only for one to keep all these things in mind will it be possible to judge whether or not the defendant's statement regarding the conference of #bc ,may #aici is correct4 ,a man who loves peace and works for peace was present at that conference and states today1 or testified that the speech in question did not contain any mention of aggressive war against ,poland or any other country4 ,he even testified in this courtroom that this speech did not have the contents as it is laid down in the ,schmundt protocol4 ,i realize that the ,international ,military ,tribunal came to the conclusion that the ,schmundt protocol is correct4 ,all defendants and witnesses who were heard at that time declared that the contents of the speech were not of so aggressive a nature as it is laid down in the minutes4 ,the defense counsel made a mistake at that time of not calling all the witnesses which ,i requested4 ,nobody went to the trouble of critically examining the text of the record4 ,i can understand why the ,,imt reached a different conclusion1 having heard only the defendants' general objection1 which remained unsubstantiated in detail4 ,nowhere is it yet permissible in law to maintain the verdict of a previous court when new and better evidence has been submitted4 ,the witnesses ,warlimont1 ,schniewind1 ,engel1 and ,raeder stated that several passages of the ,schmundt record contained a number of false assertions regarding ,hitler's words4 ,warlimont testified that he was not present1 although he is listed as among those present4 ,milch's testimony made it absolutely definite that ,goering was not present4 ,if there were only so few persons present and there were mistakes made concerning the presence of persons1 the record must have been made up a long time after the event1 otherwise no faults of that kind would have been possible4 ,schniewind testified that a number of points contained in the ,schmundt record were never discussed at that time at all4 ,he had the opinion that many ideas laid down in the record were borne out at a later period1 that is to say1 #aidj4 ,these ideas concerned1 for example1 the use which could be made of war production after the defeat of ,france1 the importance of aircraft carriers for convoys1 the collaboration of ,italy1 and the break-through of the ,maginot ,line by this force1 about ,japan1 and last but not least1 the so-called ,fuehrer ,decree4 ,by the statement of ,felmy it is proved forever that the so-called ,fuehrer order was given only on #ab ,december #aidj4 ,even ,raeder stated that the principles of the ,fuehrer order were laid down at another occasion and that they were accordingly carried out afterwards4 ,this other occasion was given by the statement of ,felmy4 ,also ,raeder did not hear anything about ,japan2 he considered it impossible that ,italy and the break-through of the ,maginot ,line were discussed and he also states that nobody mentioned a better production of cruisers4 ,he also testified that in that meeting a two-front war was not mentioned because he1 as an officer1 would have noticed that4 ,furthermore1 he testified that ,belgium and ,holland were not referred to and that after the speech ,goering did not open a debate4 ,even though the witness was not present at all times1 it is rather strange that he should not have heard mention of any of the very points not heard by the other witnesses4 ,the defendant ,milch gave you the precise details of those points of the speech which were not mentioned at the time1 and he was even in a position to tell you when these various points were first conceived4 ,who1 assuming responsibility for justice1 can still seriously maintain the findings of the ,,imt now that these precise statements have shown us the errors of the ,schmundt record8 ,a record containing so many grave mistakes is no longer of probative value and can never be made the basis for any judgment4 ,i am convinced that after this trial the historians of the whole world will regard the ,schmundt record as the product of a later period1 i4e41 between the fall of #aidj and the spring of #aida and that they will regard it as the result of time1 drawn up to make ,hitler1 then regarded as the victor1 seem possessed of a prophetic gift which in reality he never had4 ,the conference did take place on #bc ,may #aici2 that is true4 ,its real topics1 however1 can no longer be stated on the basis of the ,schmundt record4 ,thus1 the statements made in the first ,nuernberg trial gain a different and greater significance4 ,never again1 therefore1 will it be possible for anyone to say that on that occasion ,hitler preached war and the enslavement of ,europeans4 ,there is yet another argument possible against this record1 which1 it is alleged1 also contains the plan for slave labor4 ,document ,,ec-#aid1 ,exhibit #h1 and #jaf-,,ps1 ,exhibit #ac1 submitted by the prosecution1 show in all clarity that the use of ,european peoples in ,german armament works was a measure forced by the emergencies of the war and that the idea was born and realized only by the military difficulties resulting from the war with ,russia4 ,with clean hands and a pure heart1 ,milch entered the war in ,august #aici having previously advised ,goering to fly to ,britain to prevent the war4 ,he himself became the victim of ,hitler's deception1 and he himself believed that the war had been forced upon ,hitler4 ,who can disregard justice to such an extent as to reproach ,milch with having held that belief8 ,it is his misfortune1 but not his guilt1 to have been deflected from the truth by misleading propaganda4 ,who would so misinterpret patriotism1 heretofore regarded as one of man's noblest instincts1 as to reproach ,milch for having done in #aici his duty as a soldier8 ,he never prepared any aggressive wars4 ,in every case he was informed shortly before the event1 and nothing is more typical of the opinion his superiors held of him than the fact that he chanced to hear about the preparations for the war against ,russia through a subordinate1 who had been told of ,hitler's plan before the field marshal was told4 ,the first ,nuernberg trial has already shown that ,milch saw ,goering at once in an effort to prevent that war4 ,goering himself admitted this4 ,milch's good intentions were of no avail because ,goering turned him down4 ,as ,milch's superior officer1 he even went so far as to forbid ,milch to see ,hitler and to tell him that he1 ,goering1 would prevent ,milch from being admitted to ,hitler's presence4 ,one of your ,honors1 in putting questions to the defendant1 aimed to show that it might be regarded as incriminating to the defendant that he did not resign in #aida or at least in #aidc4 ,your ,honors1 only if one has lived in ,germany these last years is it possible truly to judge that problem4 ,as ,i said in my opening speech1 one can judge the man only against his background1 through his upbringing1 from which usually nobody can escape no matter in what country he lives4 ,milch was brought up as a soldier4 ,he absorbed ideas which for centuries were regarded as true and inviolate laws4 ,it is no guilt for him not to have freed himself from them4 ,i have said this once before4 ,at that time nobody in ,germany was in a position to protest against certain events1 against certain aims of the ,party4 ,all that one could do was to criticize things within one's own immediate circle and tell one's intimate collaborators how to improve matters4 ,if in ,germany anybody had attempted at any time to express criticism publicly1 either by word or by publicly resigning1 nobody would have been the wiser for it4 ,this system was so ruthless and its stranglehold over public opinion so great that it would and could suppress anything4 ,you need only remember that during the first ,,imt trial it was shown that von ,papen's criticism in his ,marburg speech was completely withheld from the ,german public4 ,had ,milch done anything1 nobody would have heard about it1 and his action would have been useless1 perhaps senseless1 as nothing would have been changed for the better4 ,your ,honors may not know that six to eight generals1 including ,general von ,falkenhausen1 once ,commander in ,chief in ,belgium1 and ,colonel ,general ,halder1 one of ,germany's highest and best leaders1 were thrown into concentration camps because they had deviated from ,hitler's line4 ,this is not connected with #bj ,july #aidd4 ,nobody in ,germany knew about this4 ,pictures of ,general ,count ,sponeck were sold as of a hero two years after this man had vanished into a concentration camp4 ,such were the lies and the deceptions of ,goebbels' propaganda4 ,we have learned since the end of the war that prior to #bj ,july #aidd1 there were #ej to #fj generals in ,moabit prison1 without anyone in ,germany knowing anything about that4 ,you will understand the full falsehood of propaganda when you recall the base distortions by which the dismissals of ,generals von ,blomberg and von ,fritsch were announced to the ,german public4 ,believe me1 your ,honors1 protests in ,germany were not possible at that time4 ,the only result would have been the futile death of the protesting person4 ,if ,milch had attempted to fly abroad1 his whole family--such were the detestable methods of those in power--would have been put to death on the basis of what was known as family responsibility4 ,milch cannot be reproached with not having refused service and allegiance4 ,no soldier could do this4 ,should a member of the ,anglo-,american ,air ,forces suddenly have refused to go out on an operation which would bring death to innocent women and children1 he would not have been regarded as a hero4 ,he would have been put before a court martial4 ,that ,milch did not participate in an attempt on ,hitler's life1 who would accuse him of that8 ,although he was an energetic man1 the defendant was1 because of several concussions of the brain which he suffered1 inclined to terrifying fits of rage1 or ranting speeches1 but the evidence has shown that in his heart of hearts he was kind and soft4 ,he would ameliorate sentences already passed1 and as the witness ,richter testified1 he compensated for a fine1 which he inflicted himself1 by secretly passing into the family of the punished man a very large sum of money1 larger than the fine itself4 ,the witness ,vorwald expressly stated that basically ,milch was a man soft of heart1 who conducted himself 99self soft1 who only in a rage caused by disease and worry utters harsh words never followed by action1 is not capable of murder4 ,thus1 no just man will charge him with not liquidating ,hitler1 and ,milch did what in his conscience he felt to be possible and necessary4 ,he had the courage of telling the dictator to his face what he thought of the situation4 ,he demanded that ,hitler desist from his plans1 dismiss the most important men1 such as ,goering1 ,ribbentrop1 and ,keitel1 give up the supreme command1 and establish a cabinet of equal powers1 and he finally desired that peace should be brought about4 ,your ,honors1 it would be easy to say that as a field marshal he did not thereby endanger himself4 ,the statement of the next witness ,krysiak1 the fate of the generals which ,i mentioned to you1 show what was done in ,germany to men who did such things1 but the defendant went one step further4 ,he succeeded in inducing ,goering also to demand the end of the dictatorship and the instituting of a ,reich cabinet4 ,your ,honors1 this means that this defendant thereby risked his life4 ,he could not foresee that nothing would happen to him4 ,that nothing did happen to him was not due to his rank1 but to ,hitler's opinion that this man was not yet dispensable4 ,everybody can only be sentenced according to his potentialities4 ,your ,honors must not compare conditions in your free and noble country to those in ,germany4 ,only the ,german world as it was should be the basis of your judgment here4 ,it is not true to say that ,milch gave his continued support to the objectionable aims of the ,party4 ,he continued to do his duty because1 as he testified1 he wished to prevent the worst from happening to his people1 the total destruction of the cities and of ,germany's culture4 ,it was his constant hope to organize the defense in such manner as to prevent bombing warfare from taking its full effect1 that same bombing warfare which is the scourge of mankind1 whatever one may think of its military value4 ,would it be for us to judge him on the fact that he did not obtain his aim because of the stupidity and failings of his superiors8 ,milch furthermore testified before you that by an improved defense he hoped to achieve better peace terms for his people4 ,i can assure your ,honors that since #aida ,goebbels' propaganda told the ,german people time and again of the horrible terms the enemy would impose on them in the event of peace4 ,that included an item to the effect that the whole of the ,german male population would be castrated should ,germany lose the war so that the ,german people would perish4 ,who has the courage to say it is despicable for a man of battle to organize a defensive system under the news impact of such items in order to obtain better peace terms8 ,it would be a distortion to say that ,milch thus believed ,hitler's aim of destroying ,europe1 for he knew that the war was lost4 ,he was intelligent enough to see that with the lost war the end of ,hitler's ideology would come4 ,it was not the ,party he wanted to serve when he hoped for less severe peace terms with a better defense1 but a lost war that would not mean the loss of the legal rights of a whole nation as is the case unhappily today4 ,only he who comprehends and understands all these things can appreciate ,milch's actions and judge them fairly4 ,and later1 when he saw that his objective of saving the ,german people from the worst would fail1 ,milch withdrew from the regime4 ,he could not resign on his own4 ,that1 for a soldier in ,germany1 was an impossibility4 ,he did not choose to act dishonorably1 which no one can expect from a decent man4 ,in ,germany soldiers are removed from their offices only by their superiors4 ,thus1 as he put it himself1 ,milch could only organize his own elimination from office by gradually transferring his tasks to ,speer's ,ministry4 ,as his superiors thereupon regarded him as superfluous and were glad to be rid of this man1 ,milch was finally free4 ,then began the scheme on the part of his superiors to liquidate him4 ,such was the position of ,milch1 the man1 and such by and large were his motives4 ,for him to have acted in this and no other way is not dishonorable1 and only he can cast the first stone who never in his born days gave in to public opinion in defiance of his better judgment1 who has never considered his superiors1 and who proved himself to be above his upbringing1 and had the courage of fighting for his convictions even with the most brutal methods4 ,before dealing with the details of the indictment ,i should like to make these basic points4 ,the prosecution created the impression that under the conspiracy count it would hold ,milch responsible for everything in totality that was done in connection with labor assignments and experiments within the confines of the ,luftwaffe1 nay1 within the confines of the ,german government departments4 ,this is not admissible4 ,the indictment may be referred to ,control ,council ,law ,no4 #aj4 ,nothing is mentioned there that conspiracy to commit crimes against humanity or war crimes constitutes a punishable offense4 ,only conspiracy against peace is punishable4 ,the way the law is formulated1 particularly count #b of ,article #b1 makes it clear beyond doubt that activities listed therein only concern participation but no independent types of crime4 ,where there is an independent crime then also in the case of war crimes and crimes against humanity there would have to be a provision similar in count #a-;,a1 ,article #b of the ,control ,council law where a crime is defined as 8participation in a common plan or conspiracy for the purpose of committing one of the crimes above set forth40 ,in this connection the verdict of the ,,imt must also be considered4 ,at the end of the sixth part of the verdict it states3#aec 8,count one1 however1 charges not only the conspiracy to commit aggressive war1 but also to commit war crimes and crimes against humanity10 but the ,charter does not define as a separate crime any conspiracy except the one to commit acts of aggressive war4 ,article #f of the ,charter provides3 8,leaders1 organizers1 instigators1 and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan40 ,in the opinion of the ,tribunal these words do not add a new and separate crime to those already listed4 ,the words are designed to establish the responsibility of persons participating in a common plan4 ,the ,tribunal will therefore disregard the charges in count #a1 that the defendants conspired to commit war crimes and crimes against humanity1 and will consider only the common plan to prepare1 initiate1 and wage aggressive war4 ,and under figure #h1 the ,,imt states further3#aed 8,as heretofore stated1 the ,charter does not define as a separate crime any conspiracy except the one set out in ,article #f7;a7 dealing with crimes against peace40 ,the verdict was so formulated because the ,charter was unclear at this point4 ,as above stated1 the ,control ,council law contains no such provisions1 so much the less because in this case conspiracy does not constitute a separate crime4 ,the provision set forth in ,article #b1 paragraph #b1 ,no4 #f1 8whoever was connected with this planning or execution01 is only a form of individual defense and cannot be put on a par with the concept of the common plan or conspiracy4 ,article #b defines clearly the type of crime referred to in paragraph #a1 namely 7#a7 the individual crime of violation of peace2 7#b7 conspiracy against peace2 7#c7 individual war crimes2 7#d7 individual crimes against humanity2 and finally1 the form of participation in paragraph #b4 ,therefore1 it is rendered that a so-called conspiracy to commit war crimes and crimes against humanity is not a punishable offense4 ,it has to be examined therefore whether ,milch made himself guilty of any individual type of participation4 ,it would have to be shown that either as a principal or accessory he participated in a crime or that he especially ordered or initiated it4 ,it would have to be proved that he gave his approval for a definite crime4 ,that approval1 however1 cannot refer to a general approbation but can only be considered as participation in crime if1 by his approval1 he strengthened and stiffened the criminal will of the perpetrators4 ,it must therefore be made clear that he knew of the individual crimes and that he intended to put them into action by means of his approval4 ,even in that case his subsequent approval would not suffice2 since still nowhere in the world is anyone punished because of an inner or moral attitude4 ,finally1 it must be examined whether ,milch was connected with the planning or commission of such crimes4 ,here again it must be understood1 of course1 that this connection must be capable of causing the crime1 and that ,milch knew about the connection and therefore the crime4 ,the question of membership in any organization or association which was connected with the execution of crimes requires special examination4 ,it is clear that mere membership1 as such1 in any organization wherein any member may at one time have committed a punishable act cannot make every other member of that organization punishable4 ,otherwise a monstrous situation would arise where the commander in chief of a large army was punishable if any member of that army committed a war crime4 ,where in this world in all time has it happened that in such a huge organization as wartime armies' soldiers did not at one time or another commit punishable acts8 ,this is inevitable and it occurs in all armies4 ,it can therefore only be a question here whether the organization or the association of which the defendant was a member had as its particular purpose the commission of war crimes or crimes against humanity4 ,letter 7f7 of ,article #b1 paragraph #b1 must be considered here4 ,since ,milch is not charged with a crime against peace1 it would also have to be especially proved that he participated in the common plan of conspiracy for the commission of crimes against the peace4 ,that he held high office cannot of its own make him punishable4 ,this is also evident from the ,tribunal of the ,,imt who acquitted three persons who held equally high office in ,germany4 ,bearing in mind these points of view1 one has to examine the individual counts of the indictment4 ,in answer to the prosecution's charge that ,milch in ,february #aidd had ordered two ,russian officers to be shot1 ,exhibits ,milch #dj to #dd1 and the testimony of the witness ,vorwald have proven that the said officers were shot on the basis of an expressed order by ,hitler who received1 through political channels1 the report of the incident earlier than ,milch4 ,exhibits ,milch #dj to #dd and the testimony of ,vorwald have made it clear that ,milch1 first of all1 had no possibility of issuing such an order1 and secondly1 that he did not cause its being ordered1 and thirdly1 that he only gained knowledge of the incident after the officers had been shot4 ,the witness ,vorwald was in a position to testify that ,milch even angrily protested against such an order4 ,the passage in the record of the #ec;d meeting of the ,central ,planning ,board of #af ,february #aidd contained in ,defense ,exhibit #aa1 can therefore not be made the basis for a judgment4 ,whoever1 knowing the ,german language1 reads the text critically must realize that the utterances of ,milch recorded therein are contradictory in themselves and1 therefore1 cannot possibly contain the real statements made by ,milch4 ,they are contradictory to the true course of events2 they are contradictory to ,milch's real authority1 and finally1 they are contradictory to the inner attitude of the defendant who himself angrily described this act as a crime4 ,it is significant for the question of the probative value of all verbatim records submitted to consider that such recording of the true events is found here4 ,such records containing such mistakes cannot be made the basis for a judgment4 ,if we assume1 however1 that ,milch really made these utterances which are so wrong1 then this passage would remove all doubt that ,milch during moments of excitement was no longer master of his thoughts and words and1 therefore1 cannot be held responsible for them4 ,it would be a serious offense against justice1 however1 if judgment was to be pronounced on the basis of such stenographic notes taken by an unknown person who may have been in error4 ,milch is furthermore accused of having abetted1 participated in1 and been connected with cruel and inhuman experiments carried out on concentration camp inmates at ,dachau4 ,i believe that here1 too1 evidence has shown that ,milch is innocent4 ,it has been proved by the clear1 although long-winded1 deposition of the witness ,hippke that the defendant had heard for the first time on #ca ,august #aidb that human experiments were being carried out on others than the volunteering members of the ,luftwaffe2 that is1 at a moment when the high-altitude experiments were already completed and when the freezing experiments were about to be completed4 ,in this connection ,i recall that the final report on freezing experiments was available in print already on #aj ,october #aidb1 so that these experiments too must have been completed by a considerably earlier date4 ,on #ca ,august #aidb1 the defendant learned merely from ,hippke that human experiments had been carried out on criminals who had been sentenced to death and who had volunteered to obtain a pardon4 ,he was told expressly that nothing had happened so far during these experiments4 ,it is obvious that experiments as such do not in themselves constitute an offense against humanity1 whether or not they are in use in some foreign countries4 ,at any rate much evidence has already been submitted by the defense in the medical trial1 proving that1 also in democratic states of the world1 experiments have been carried out and are being carried out on volunteering criminals1 experiments which constitute a danger to the life and health of the experimental subject4 ,the prosecutor has submitted in evidence his last exhibit1 ,document #aiga-,,ps1 ,prosecution ,exhibit #afa1 showing irrefutably that ,himmler too had ordered that only men sentenced to death are to be used for these experiments4 ,hippke did not even misinform ,milch4 ,that1 besides the experiments which were of importance to the ,luftwaffe1 ,himmler had also started secret experiments is shown from this very ,exhibit #afa because therein ,himmler directs ,rascher to continue these special experiments on which he had reported to him and even to carry out revival experiments4 ,both witnesses ,ruff and ,romberg have testified unanimously that nothing has happened during these experiments4 ,death casualties had occurred during ,rascher's own experiments which he carried out on ,himmler's behalf4 ,only the aim of these experiments remained unclear to the witness1 which is now being clarified by ,exhibit #afa1 but ,milch had no knowledge of all this4 ,he fully believed what ,hippke told him1 nor did he ever have any cause to distrust ,hippke and he could not distrust him more as he knew that high-altitude experiments had already previously been carried out on ,luftwaffe personnel of his own air force without any danger being involved4 ,not even ,hippke has had any knowledge of cruelties and death casualties4 ,how much the less can be proved that the defendant could have had any knowledge4 ,it does not say anything against the defendant that he had signed already before #ca ,august #aidb some letters which had been submitted to him by his offices4 ,nobody has been able to state that ,milch had dictated these letters at all4 ,it could not even be proved that he had seen or read the letters from the ,,ss to which these letters refer4 ,it is impossible for a man who has such a burden of work and such a large sphere of tasks as the defendant to take care of every trifling matter in his office1 that these letters--which to anybody who has no knowledge of the underlying facts appear harmless and unimportant--could also not arouse the defendant's suspicion4 ,should he be charged with responsibility for them then1 this would be a responsibility which could not be borne by anybody4 ,this would mean to overestimate human working capacity4 ,it is the very idea of any great organization to relieve the chiefs or the heads of attentions to details in order to make them free for the main tasks4 ,if such a man were to be asked to take care of everything1 then the organization would be unsuccessful and no man in the world could form a great work comprising many people1 and no man in the world would be willing to head such an organization if the chief of the organization should be held responsible for everything that his subordinate agencies commit4 ,everybody has the right generally to trust his subordinates as long as he has no reason to distrust them4 ,hippke's descriptions were unimpeachable and gave no reason for misgivings4 ,his tenure of office at that time was irreproachable so that ,milch had not to distrust ,hippke's activities and all the less so because already at an earlier date human experiments had been carried out by the ,luftwaffe in a manner above reproach4 ,milch has testified to the effect that he had not read the report on high-altitude experiments4 ,evidence has shown that he has not seen the film nor could he have cause for this film to be shown1 only if he would have stayed in ,berlin1 but he was not even in ,berlin on that day2 therefore1 he could not become suspicious from what occurred4 ,likewise ,milch never received the report on freezing experiments nor did he ever get a final report on this matter4 ,finally1 ,milch had no reason to distrust the fact that the ,,ss participated in the experiments4 ,he knew that ,hippke was part of it and was therefore entitled to believe that everything was in order4 ,therefore1 ,milch was neither a principal in nor an accessory to1 nor has he ordered or instigated these experiments4 ,he has never given his consent to the crimes committed because he had no knowledge whatsoever of them nor was he connected with their planning or their execution1 nor was he a member of any organization aiming at the commission of such crimes4 ,it is not the aim of the ,luftwaffe to carry out such criminal experiments1 and with the ,,dvl he had nothing to do at all4 ,it is irrelevant that at that time ,rascher was a member of the ,luftwaffe4 ,exhibit #afa proves that ,rascher received the orders to execute the crimes as a member of the ,,ss from ,himmler himself and also carried them out in that capacity4 ,finally1 it must be said that the ,wolff letter of ,november #aidb was only written after the crimes were committed4 ,it has not been proved that ,milch ever saw this letter4 ,he was not in ,berlin when the letter arrived4 ,that he has testified4 ,the letter was sent to the ,medical ,inspectorate which only answered it in #aidc as ,hippke has testified4 ,also1 the fact that ,rascher was transferred to the ,,ss had nothing to do with the defendant4 ,that was a matter settled outside of his competency4 ,the personnel chief of the ,luftwaffe was at no time subordinated to him1 and it must also be taken into consideration that1 according to the evidence1 ,milch had no knowledge of ,rascher's having committed any crimes4 ,one cannot charge ,milch with the fact that ,rascher referred to him4 ,the testimony of ,neff and ,defense ,exhibit #ef1 the affidavit of ,punzengruber1 have shown to this ,tribunal that ,rascher was a confirmed liar whose statements have no probative value and1 therefore1 ,i believe that ,milch in this matter too has shown to this ,tribunal his complete innocence4 ,before ,i go into the charges against ,milch for his participation in the so-called slave labor program1 ,i must make a few fundamental statements4 ,i shall begin by examining the question as to what extent the ,hague ,convention on land warfare and the ,geneva ,convention of #aibi were valid for the treatment of ,russian prisoners of war4 ,by the statements of witness von ,neurath1 it has been confirmed that the ,u4,s4,s4,r4 in #aiai specifically withdrew from the ,hague ,convention on land warfare as well as the former ,geneva ,convention4 ,jurists will not dispute the fact that a formal withdrawal from agreements is of greater importance in the relations between states than the act of joining such a convention4 ,even if one were of the opinion that the ,hague ,convention on land warfare and the ,geneva ,convention represented merely the codification of already existing international law1 so that the state that did not join the conventions would also be bound to this already existing international law in all details1 even in such a case the expressly stated withdrawal from such a convention must mean also a withdrawal from the natural international law4 ,if this were not the case1 the withdrawal from such conventions would be an act without meaning which such intelligent politicians as those found in the ,u4,s4,s4,r4 would never undertake4 ,nor is this conception of mine contradicted by the expert opinion offered in the first ,nuernberg trial 7,canaris ,doc4 ,no4 ,,ec-#cch7aee because this expert opinion is only concerned with the order of ,hitler and ,keitel regarding the killing and cruel treatment of prisoners4 ,it is1 of course1 clear that inhumane acts do not become permissible because of withdrawal from conventions4 ,what we must examine here1 however1 is purely the question whether or not1 and for what activities1 such prisoners of war may be used4 ,detailed regulations of international law1 which in themselves do not contain atrocities1 can in my opinion be nullified by expressly withdrawing from a convention codifying existing international law4 ,finally1 we wish to draw attention to ,article #hb1 paragraph #b1 of the ,geneva ,convention of #aibi which contains the following regulation3 8,if in wartime one of the belligerents is not a member of the convention1 the regulations of this convention remain valid1 nevertheless1 for the belligerents who have signed the convention40 ,this does not mean that the signatories are bound to the ,geneva ,convention also with regard to the treatment of soldiers of a nonsignatory power1 but only with regard to soldiers of the signatories who are at war4 ,article #hb1 paragraph #b1 of the ,geneva ,convention1 therefore1 states that with regard to the relations of nonsignatories the convention is not valid4 ,the regulation was made so that it should not be thought that if a nonsignatory participated in the war the ,geneva ,convention would not apply to that war4 ,that my opinion was shared by the ,u4,s4,s4,r4 becomes clear beyond doubt from ,defense ,exhibit #di presented by me1 which contains the decision of the ,council of the ,peoples ,commissioners of the ,u4,s4,s4,r4 of #a ,july #aida4 ,this decision does not mention any limitation with regard to the use of prisoners of war for labor except for the regulations under number #be4 ,according to this1 prisoners of war may not be used as workers in the battle zone nor for the personal needs of the administrations1 or by other prisoners of war 7orderly services74 ,defense ,exhibit #ea1 concerning employment of ,german women prisoners of war in ,russia1 also reveals the same conception of the ,u4,s4,s4,r4 ,the objections that not ,russia's conception but that of the ,united ,states of ,america matters here is not justified4 ,existing regulations between two states can only be judged on the legal relations valid for those two states4 ,if both states regulate a given question in agreement with conclusive acts in the same way1 that regulation becomes international law valid for the relations of those two states and must be taken into consideration by all other states4 ,it is the right of sovereign states to regulate their relations as they wish4 ,other states have no right to interfere in the right of sovereignty and they must acquiesce in the legal conception existing between those two states regarding any issue concerning their citizens4 ,therefore1 legal opinions of another state must not be taken as a basis for the judging of actions which occurred between the nationals of these two states4 ,as in ,milch's sphere of competency ,russian prisoners of war were used neither at the front nor as orderlies1 he cannot be found guilty so far as the treatment of ,russian prisoners of war is concerned4 ,all this also applies to the treatment of the ,russian civilian population whose rights could have been cared for by the ,hague ,convention for land warfare alone4 ,here1 too1 ,russia's express withdrawal from the convention is of great importance4 ,in my opinion it cannot be argued that ,germany attacked ,russia and that1 for the reason1 employment of the civilian population would be illegal even if this were not illegal in itself4 ,that alone would mean that ,germany would be bound to the regulations and that ,russia was not4 ,from the point of view of international law1 this is an impossible situation4 ,for two belligerent states1 there cannot be a different international law4 ,moreover1 the validity of the regulations laid down in the ,hague ,convention for land warfare can be cancelled by a special factor which precludes lawlessness4 ,in all codes of law of the civilized world1 the law of so-called emergency situations exists4 ,this conception of law must also be applied to international law4 ,that ,germany was in an emergency situation in the sense that the use of the civilian population for labor in the occupied territories was only caused by the emergency situation1 ,i showed in detail a little while ago4 ,modern war means total war and as such has suspended1 in several points1 international law as it existed up to now4 ,it is uncontested that according to the ,hague ,convention for land warfare actions of combat against the civilian population are forbidden4 ,modern air warfare1 having as its aim total annihilation of armament and production of the enemy1 brought with it to a great extent warfare against the civilian population without any of the belligerents regarding such combat actions as forbidden according to the ,hague ,convention on ,land ,warfare4 ,this also applies to the total blockade of a country which aims at starving the population of that country4 ,these comprehensive ways of waging war which hit all classes of the population permit1 in my opinion1 to a state which is at war1 especially on account of the fact that its civilian population is brought into the strife1 to use for its purposes labor from occupied countries so as to maintain its production and armament4 ,concerning the relations of the other nations involved in the war1 there is no doubt that for the above the ,hague ,convention on ,land ,warfare and the ,geneva ,convention of #aibi are valid4 ,but it is just as clear that it is left to the nations to change and abolish these regulations by special agreements between one another4 ,a good example here is the ,armistice ,treaty signed in #aidd between the ,russian and ,romanian governments according to which ,romania had to pledge itself to put at the disposal of ,russia a large number of people for reconstruction purposes4 ,complying with this agreement1 in ,january #aide many thousand members of the ,romanian state were deported to ,russia by compulsion and against their will4 ,this case shows what1 in such matters1 may be legal and valid4 ,moreover1 that agreement was made under some force of bayonets1 as in all history is usually the case with every treaty between a conquered and conquering state4 ,the ,defense ,exhibit #dg proves that in the case of ,germany the ,control ,council 7see sec4 ,,vi1 number #ai of the ,proclamation ,no4 #b7 imposed on the ,german authorities even without a treaty1 but simply on unilateral orders1 the same obligation1 i4e41 to put at disposal labor for personal services inside and outside ,germany4 ,that such orders could naturally only be fulfilled by the ,german authorities by means of a labor service law will not be contested by anybody4 ,these one-sided orders given by the victor to the vanquished1 whether they be issued on the basis of an armistice brought about by force of arms or on the basis of command or law following the unconditional surrender of a state1 are not contrary to law4 ,it should1 therefore1 be stated that the rules of the ,hague ,land ,warfare regulations can be suspended between two states4 ,i have given proof for the fact that there were between ,germany and ,france agreements whereby the ,french population had to make themselves available for work in ,germany1 first1 by volunteering1 and later1 on the basis of a law for compulsory labor issued by the ,french ,government4 ,no restrictions were laid down to what extent and for what purpose these people were to be employed4 ,the objection has been raised that the ,vichy ,government was a government of traitors1 but it was that government which concluded the armistice with ,germany1 and throughout the war all ,frenchmen1 including those in de ,gaulle's camp1 would raise passionate protests when they thought that one of its articles had been violated4 ,thus1 they all acknowledged that an armistice could be concluded and was concluded4 ,once you acknowledge the existence of an armistice agreement1 you cannot1 logically or legally1 deny the legality of the government which has concluded the armistice4 ,you must eat your cake as it is and you must not pick out the plums alone4 ,as for the situation in ,holland and ,belgium1 both those countries surrendered unconditionally4 ,according to international law ,germany was1 therefore1 in a position in its dealings with the authorities of these countries to regulate the labor commitments of the civilian population unilaterally in the same manner as this has now been handled in regard to the ,german population by the ,control ,council4 ,as far as ,poland is concerned1 that country1 on the basis of the partitioning agreement between ,russia and ,germany1 had lost its sovereignty4 ,that such partitioning agreements can abrogate the existence of a state has already been historically proved by the former partitioning agreements of the bordering countries in regard to the ,polish state4 ,moreover1 the agreements concluded between the victorious nations after this war have abrogated the sovereignty of the ,german state over very large areas in the ,east and thus have created new sovereignty for the population of these territories4 ,germany released the ,polish prisoners of war and could at any time issue legal labor directives as regards the ,polish civilian population since the latter were under ,german sovereignty4 ,so far as the ,italian prisoners of war are concerned1 the evidence has shown that the ,mussolini ,government1 which at the time was the covenant government in that part of ,italy not occupied by the allied forces1 made them available for work in the armament industry1 especially after ,germany had to manufacture armaments for ,mussolini's ,italy4 ,here it should also be mentioned that ,milch's opinion that ,italian prisoners of war who fled from a transport should be shot does not mean a cruelty4 ,all countries of the world have prisoners shot who attempt to escape as proved by me in ,defense ,exhibit #bf4 ,so far as the civilian population of other southeastern states are concerned1 they were only recruited and employed as free workers based on approval by the legally existing governments of these countries4 ,in addition1 it is interesting to point out that the agreement between ,france and ,germany1 according to which ,france was supposed to allocate ,french civilians for the labor commitment in exchange for the release of prisoners of war1 had a parallel in the discussion of the question regarding the fate of ,german prisoners of war still in allied countries4 ,in ,france1 in particular1 the request has been made to make possible the release of ,german prisoners of war by making available ,german civilians as workers in place of the prisoners of war4 ,this1 too1 is evidence to the effect that such an agreement is not contrary to international law4 ,that1 your ,honors1 is the legal position as ,i must present it4 ,in regard to the question of guilt1 a special point has still to be considered4 ,all legal theories consider that the defendant is not liable for punishment if after careful consideration and careful inquiries he has gained the conviction that his action was permissible4 ,it has been shown that in ,germany prisoners of war and foreign civilians were being employed within the war production even at the time when ,milch had not yet taken over the office of the ,,gl 7,generalluftzeugmeister--,air ,ordnance ,master ,general74 ,in other words1 he was already confronted with the situation1 the exploitation of which he is being reproached for today4 ,the testimony of the witness ,vorwald and that of the defendant himself showed that ,milch made inquiries from the competent authority as to whether the employment of prisoners of war and foreign civilians which he planned to use was admissible under the existing regulations4 ,he has testified here that he received an affirmative answer4 ,furthermore1 he testified that the admissibility of the utilization of foreign civilian workers was discussed soon after the ,first ,world ,war in a large staff committee of the ,german ,reichstag4 ,the chairman of that staff committee was ,prof4 ,dr4 ,schuecking1 a legal authority of repute1 who had become known throughout the world as a passionate champion of pacifism and democracy4 ,this committee1 as the defendant gathered from the discussions held at the time1 could not and did not find that employment of foreign civilian workers in armament industry was inadmissible4 ,impressed by his earlier experience1 the defendant had the right to believe the information given to him by his superior office that employment of foreign manpower and of prisoners of war was admissible4 ,moreover1 this information was not issued without reason4 ,the reasons given for it were rather in accordance with the reasons which ,i have described in detail above4 ,how should ,milch1 who is not a legal expert1 who as a layman did not understand anything about applicable international law1 how could he form a different opinion8 ,it is the right of every citizen to believe the legal information supplied by his superior and the concomitant authorities1 for no one can impose upon a citizen the duty to undertake on his own independently an examination of the legal questions involved4 ,in a modern state this would result in an untenable situation whereby every one of the citizens would acquire his own conception of law4 ,differing opinions abroad ,milch was not in a position to hear since he was not allowed to read foreign newspapers nor listen to foreign broadcasts1 nor did he do so4 ,he acted in good faith1 and that has to be considered in his favor today1 the more since he knew and may well have assumed that these measures were only temporary and were forced by the necessities of war4 ,at this point the following discussion took place3 ,,presiding ,,judge ,,toms3 ,is it a principle of the ,german law that ignorance of the law is an excuse for violating it8 ,,dr4 ,,bergold3 ,it is a principle inasmuch as if somebody has been misled by his superiors on the significance of the law4 ,everybody must inquire what the law is1 but if his superior authorities give him certain information1 he can rely on that4 ,q4 ,suppose a person is advised by his own counsel as to the law1 and counsel is wrong1 does that excuse the client8 ,a4 ,the client's lawyer is not sufficient4 ,the authority must be a government official4 ,q4 ,well1 suppose a high government official1 a man in high authority who was not a lawyer1 advised his subordinate as to his legal rights and duties1 and that advice was wrong8 ,a4 ,that would mean that there would be an excusable error1 an excusable legal error4 ,q4 ,if1 for example1 ,goering1 who was a person in high authority1 advised ,milch that he had the legal right to go out and shoot a person1 would that be justification for ,milch's doing so1 legally8 ,a4 ,no4 ,because as to the question of whether you can commit murder or not everybody knows about that2 but the point as to whether the employment of foreigners was admissible under international law is a very tricky legal point1 and there1 of course1 there is a difference4 ,q4 ,you mean that every one is supposed to know that he cannot shoot a man4 ,a4 ,yes4 ,everybody knows that4 ,q4 ,but everyone is not supposed to know that he can force a man to unwilling labor8 ,a1 ,no4 ,he is not obliged to know that4 ,that is why ,milch applied to receive this information about international law4 ,q4 ,you make a distinction between homicide and slavery8 ,a4 ,yes4 ,i make a difference not1 perhaps1 as in this exact example1 but ,i make a difference between the natural knowledge of law1 which everybody has1 and special questions and special knowledge not shared by everybody in the state4 ,the point whether you can kill or steal is common knowledge1 but the question whether international law permits the employment is not something which everybody knows4 ,this question is one which only specialists and legal experts can decide1 and if any man concerned tries to obtain information as to whether it is permissible1 and obtains that information from a specialist of a governmental department who says1 yes1 then it does not become permissible in itself1 but we have what is known as an excusable legal error4 ,q4 ,would you take the same position as to enforced civilian labor8 ,a4 ,yes1 on the whole question whether anyone can employ foreign workers or prisoners of war4 ,q4 ,i would like to get this straightened out4 ,a4 ,there are a number of other difficult legal points which ,i need not go into here4 ,this is certainly an example of what occupies us here4 ,q4 ,that is true4 ,i want to get your position perfectly clear4 ,i think it is-- ,a4 ,let's take1 for example1 the question whether1 in any foreign country which is occupied1 the occupier may issue occupation money2 let's assume that this is punishable according to some international regulation which is difficult to interpret and which a layman is not in a position to know4 ,now1 if the ,reich ,bank1 as expert1 told the governor of the occupied country that it was permissible1 then the chief of this occupied country1 the military authority1 would have an erroneous opinion for which he could not be held guilty4 ,q4 ,now1 that theory of law becomes a very uncertain guide1 does it not8 ,it depends upon interpretation of not the lawyers1 nor the professors1 but of high government officials2 they make the law4 ,a4 ,no4 ,my client inquired of the competent offices1 not of ,goering1 but of the competent offices1 namely the legal departments4 ,in all the ministries there were legal departments1 also in the ,reich ,air ,ministry and in the ,wehrmacht itself4 ,they employed specially trained experts4 ,i draw your attention to-- ,q4 ,just a minute4 ,then the head legal experts make the law as far as the defendant is concerned8 ,a4 ,no1 no1 he does not make the law but he tries to1 and that is1 of course1 the legal error that-- ,q4 ,he makes the law by which the defendant may govern himself8 ,a4 ,yes1 for this special case1 as long as he does not hear an opinion to the contrary1 let's assume4 ,q4 ,oh1 what happens after he does hear the opinion to the contrary1 then which law does he abide by8 ,a4 ,in that case he can act no longer at all4 ,if he acts1 he acts on what is known from the ,roman law as 8eventual dolus01 an evil intention1 in case he comes up against the law4 ,i assume that the term 8eventual dolus0 is known to your country1 too4 ,q4 ,supposing that he gets two conflicting opinions from the legal ministry1 or one of the legal advisers in a high place tells him he may do a thing1 and another in an equally high place says he may not1 how does that solve the dilemma8 ,a4 ,in that case he must not commit the act1 because his attention has been drawn to the difference in the legal opinions1 and that is where we have the 8eventual dolus04 ,if he does not depend on it1 and does it on his own risk1 then in that risk he committed a wrong4 ,q4 ,i am frank to say that this is a new and startling legal theory4 ,did you understand that8 ,a4 ,yes4 ,i understood4 ,,presiding ,,judge ,,toms3 ,well1 we have your position4 ,dr4 ,bergold continues4 ,his good faith1 however1 was reinforced by the fact that all the measures against ,english and ,american prisoners of war1 which are being objected to1 were not carried out4 ,that the reasons expressly stated for this were that no agreement except a change in the regulations had been conveyed normally to the ,british and ,american prisoners of war4 ,whoever has the least psychological insight will understand that the observing of the ,geneva ,convention principles towards those two countries must have made the deviation from them in respect to other countries appear to the defendant as authorized1 all the more as this deviation had been based on presence of other agreements1 or the lack of other protective measures4 ,as far as the question of actual recruiting and using of manpower is concerned1 a differentiation must be made between recruiting1 bringing foreign laborers to the country1 and their treatment on the whole on the one hand1 and on the other hand their use within ,germany in the labor assignment4 ,may it please the ,tribunal1 the case in chief1 and the submitted documents of the prosecution1 especially the ,exhibits ,no4 #ac1 #ad1 #ad-;,a1 #ae1 #ae-;,a1 and #ag eliminated any doubt as to the fact that ,sauckel alone was competent for the recruiting of foreign laborers and their transport to ,germany and for the treatment of the foreign workers1 and that ,hitler over and over again confirmed against the attacks of ,speer that he was the only competent man4 ,not one single document has been submitted which would show that ,milch participated in the recruiting1 transfer to ,germany1 and treatment of the workers4 ,the witnesses ,speer1 ,koerner1 ,richter1 ,hertel1 ,eschenauer1 ,pendele1 ,vorwald1 as well as ,milch himself1 have testified under oath that neither they nor the defendant knew anything about all the abuses which have become evident in the sphere of ,sauckel's work4 ,i call your attention to ,document #djg-;,,ii-,,ps1 ,defense ,exhibit #c1 which reveals how ,sauckel always and everywhere emphasized that he took care of the foreign workers to the best of his ability4 ,in this exhibit he makes the assertion that foreign workers have never in the history of the world been treated as well as they were treated by him in this most severe of all wars4 ,the testimony of the witness ,schmelter and of ,milch has shown that ,sauckel had made the same declarations and told the same lies to them also4 ,there is no need for any further statement to the effect that the recruitment and even the forced transport of the workers into the ,reich on the basis of an order could have been carried out in an absolutely humane manner and that all these atrocities1 murders1 and tortures which took place need not have occurred4 ,such actions are not of necessity connected with such events4 ,the fact that in the ,east and in ,france1 parts of the population were called up and drafted by classes by means of labor service decrees could not and did not have to make ,milch suspicious4 ,forced drafting of people occurs in all countries which have a compulsory military service or labor service4 ,examples of the latter are ,germany and ,bulgaria4 ,the latter state had ordered service according to each group before the ,hitler regime existed1 and how could ,milch1 after all1 have found out about the inhuman acts in the recruitment and transport into the ,reich and the treatment within the ,reich8 ,obviously1 only if he had observed such incidents himself or if complaints reached him through his subordinates or through these foreign workers themselves4 ,milch testifies here in a creditable manner that during the entire course of the war he had never observed such conditions4 ,during all these years he made his trips by plane and1 in some exceptional cases1 by special train2 that in this way he could naturally not observe such facts is quite clear4 ,the witnesses have confirmed that they never reported abuses to him4 ,the only things he heard were isolated complaints that the food was inadequate at times or that there was a lack of clothing and shoes4 ,in themselves1 these were conditions which resulted at the time from the wartime emergency and applied also to the ,german civilian population4 ,all of the above-mentioned witnesses and ,milch have1 however1 confirmed that ,milch on his own part immediately ordered that the conditions should be remedied4 ,these incidents1 however1 cannot be called inhuman acts or atrocities1 cannot be called crimes4 ,the witnesses ,pendele1 ,hertel1 and ,vorwald1 as well as the defendant himself1 have testified that the foreign workers never brought any complaints to the defendant4 ,they all expressed their happiness4 ,it may be that they shied away from complaining to ,milch4 ,that1 however1 was not ,milch's fault4 ,he had the right to believe the assurances of the persons he questioned1 the more so because his conversations with them were carried out in the friendliest1 even the most cheerful manner4 ,now1 how could ,milch have found out about these incidents8 ,i have already mentioned that he could not obtain knowledge about that from foreign reports1 because he did not receive such reports4 ,thus1 it should be established that ,milch was not responsible1 first1 for the directive for the so-called slave labor2 secondly1 the recruitment of manpower2 third1 the inhuman acts perpetrated in connection with this1 the transport to ,germany1 and the crimes connected therewith1 and finally1 fifth1 the treatment of foreign workers in ,germany and the atrocities committed in connection therewith4 ,he knew nothing at all about them4 ,he did not commit these crimes2 neither as a principal nor as an accomplice4 ,he neither ordered such crimes nor instigated them4 ,he did not take a consenting part in them either4 ,on the contrary1 he always eliminated minor abuses and constantly saw to it that the conditions of the foreign workers were ameliorated by special gifts4 ,he was in no way connected in a causative manner with the planning or execution of these crimes1 and here ,i refer you to my earlier legal statement1 for he would have had to know about them1 that such atrocities1 murders1 and other inhuman acts occurred in connection with the recruitment1 transfer to ,germany1 and treatment within ,germany if he is to be held responsible for them4 ,neither did he belong to the organization which was connected with the recruiting1 transport1 and treatment1 namely1 the ,organization ,sauckel4 ,if at all1 he could be charged only with the utilization of foreign workers4 ,no just man who values that name can1 by virtue of knowledge subsequently acquired1 condemn the actions which a defendant committed at an earlier time in ignorance of what later became known4 ,today the whole world is full of the horrors which have been brought to light4 ,it is not true1 however1 that these horrors were desired by the supreme leadership4 ,that ,sauckel acted independently here and that he alone bears the guilt is shown by ,defense ,exhibit #c1 in which ,sauckel lied to ,hitler1 saying that workers had never been treated so well as by him4 ,i do not wish to defend ,hitler4 ,as a ,german1 ,i myself have every reason to raise the most bitter and serious charges against the man whose account of guilt can never be paid up1 but here it must be said that ,hitler could hardly have included the commission of atrocities and murders in his plan for the foreign workers1 for if that had been the case1 ,sauckel would not have had to lie as he did4 ,then he would not have had to pretend to his lord and master that he was treating the foreign workers so well4 ,such lies1 such deceit1 are practiced only by the subordinate who is aware that he has violated instructions and that he can be punished by his superior4 ,document ,r-#abd1 ,defense ,exhibit #cb shows clearly that in two cases ,sauckel acted against ,hitler's instructions in committing his crimes4 ,therefore1 even ,sauckel's labor organization was not created for the purpose of committing atrocities1 murders1 and other inhumane acts4 ,sauckel and a number of his subordinates made themselves guilty on their own accounts1 and as guilty persons they strove to keep secret and to cover up their crimes4 ,that the defendant cannot be responsible for these secret acts is hardly to be doubted4 ,i realize that in answer the prosecution will remind me of all the documents with severe statements by ,milch which have been submitted to the ,tribunal4 ,this is a serious count of the indictment1 but one can achieve clarity on the complex of questions thus brought up only if one considers whether ,milch made these severe statements only against foreign workers and prisoners of war or whether they were simply a part of his nature4 ,the witnesses ,richter1 ,foerster1 ,hertel1 ,eschenauer1 ,pendele1 and ,vorwald have confirmed that ,milch in his tantrums threatened even his ,german subordinates1 his best workers1 with hanging and shooting1 and here in this room several men have appeared on the witness stand whom the defendant shot or hanged in words4 ,this clearly shows that the defendant was not one-sidedly filled with hatred of the members of foreign nations2 besides1 this was hardly to be expected in the character of a man who for years energetically worked for peaceful collaboration with other peoples and who despised the racial doctrine and the idea of the 8master race04 ,rather1 it makes it clear that he threw out such wild expressions only when he was excited1 so that his subordinates acquired the habit of laying bets on the number of people who would be shot1 when they knew that exciting matters were up for discussion4 ,i read a number of passages to you from the notorious speech before the quartermasters and fleet engineers1 in which he raged against those present and against himself in the same terms as he used against the foreigners4 ,and in other documents submitted by the prosecution1 one can find such expressions used against ,germans1 against members of the leading class of the ,german people1 and against ,german workers4 ,all this proves that an unfortunate inclination of ,milch is here expressed for which1 like a sick person1 he cannot be held responsible1 especially since he never carried out the punishments which he threatened4 ,all the witnesses whom ,i have called to the stand from ,milch's entourage have testified that he used such terms only in tantrums4 ,these tantrums occurred frequently1 and always when he had met with major difficulties in the way of his work to save ,germany from complete destruction4 ,he was a sick man4 ,he suffered several very serious accidents1 all with severe brain concussions4 ,it is an old experience of medicine that such people are easily excitable1 and you must not forget how much this man had on his mind4 ,he was a clairvoyant4 ,he knew that the war was lost for ,germany4 ,he realized what horrors ,germany was doomed to through the increasingly violent air war4 ,he knew what help was possible in the distress of his people1 and he had to stand helplessly by while his short-sighted and perhaps malevolent superiors frustrated1 hampered1 and prohibited all his precautions4 ,in such severe physical distress1 even a healthy man would become so irritable that he would be subjected to violent outbursts of anger4 ,how much more violent would these outbursts be in the case of the sick defendant4 ,his distressed soul housed in a suffering body1 helplessly exposed to its worries1 reacted in this way to relieve the tension4 ,many witnesses1 in particular the witness ,vorwald1 have told you that when such excitement occurred the defendant even changed physically1 that the back of his neck became red and swollen and that afterwards he no longer knew what he said while he was in such a state4 ,that this testimony1 especially that of the witness ,vorwald is true1 is shown with actual certainty by the incidents between the defendant and ,goering on the occasion of the report on the crimes committed by ,terboven in ,norway on the civilian population1 and ,document ,r-#acd1 ,exhibit #aei of the prosecution4 ,the prosecution without justification bitterly reproached the defendant for failure to protest against this monstrosity4 ,the defendant in his defense was not able to answer that he had done so4 ,vorwald has testified that this process took place in connection with an outburst of anger about precisely that incident1 and because the testimony of ,vorwald that the defendant did not remember afterwards what had happened during his period of excitement is true1 the defendant was not able to carry out a full answer in his own defense because of his excitement4 ,he did not remember4 ,your ,honors1 it is clear you have achieved deep insight into the souls of men4 ,therefore1 surely you are able to judge that this incident has revealed the truth of what the defendant and his witnesses have told you4 ,otherwise he would be able to cite his protest as a defense against the charge of the prosecution4 ,now1 ,i assume that the prosecution will object that these fits of rage occurred much too frequently and that they are therefore not a pathological symptom but a normal expression of his character4 ,your ,honors1 this can be disputed by a very simple consideration4 ,the so-called ,,gl 7,generalluftzeugmeister--,air ,ordnance ,master ,general7 meetings took place twice a week4 ,that means that from the time when the defendant took office there were a total of about #afj meetings4 ,in addition1 there were #fj meetings of the ,central ,planning ,board4 ,finally there were about #cj ,jaegerstab meetings1 altogether about #bej meetings in which the defendant participated4 ,the meetings lasted many hours4 ,according to my concept the average number of pages of verbatim transcript of the ,,gl was about #bjj for a single meeting1 or about #cj1jjj-cb1jjj pages for the ,,gl alone4 ,if one includes the transcripts of other meetings then one comes to figure approximately at least of about #ce1jjj pages for all the transcripts at a conservative estimate4 ,this is an enormous figure from all these many meetings4 ,from all these many1 many pages of transcript1 the prosecutor has been able to submit only a very few pages with only very occasional extravagant statements4 ,therefore1 the question is asked whether this was the normal tone of the defendant4 ,it is also significant that in the meetings of the ,,gl1 such outbursts occur much more frequently than in the transcripts of the ,jaegerstab or the transcripts of the ,central ,planning ,board4 ,in the ,,gl meetings the defendant was in his own realm among us 8parson's daughters01 as the witness ,vorwald said4 ,such outbursts naturally occurred there more often because according to experience a human being can let himself go more easily among his most intimate friends than among his subordinates4 ,nevertheless the outbursts remained isolated4 ,how curious is it that the emotional disturbances of the defendant occurred repeatedly in connection with the same subjects of discussion1 for example1 in the question of the work done by the ,french industry1 the ,french people1 the question of so-called slackers1 or the discussion of threatening and inciting remarks made by foreigners4 ,sometimes several outbursts occurred at brief intervals1 one after the other4 ,why1 your ,honors8 ,because the matters that excited the defendant were not settled4 ,but this leads us to the question of whether the defendant followed up these wild words with deeds4 ,he never did4 ,just consider1 for example1 the question of slackers or the question of the work done by the ,french industry1 the ,french people4 ,these apparently so malevolent orders issued in anger were not carried out4 ,these stones were repeatedly laid in the path of the defendant4 ,here1 your ,honors1 ,i ask you to penetrate into the depth of the circumstances with the understanding that characterizes a legal person4 ,the defendant repeatedly became excited1 for example1 over the so-called slackers1 ,germans unwilling to work whom he considered to be traitors4 ,each time he issued strict orders1 expressed wild threats1 but would it not have been the most natural thing for this excitable man on all these occasions1 which followed one on the heels of the other1 to shout at his subordinates and to reproach them1 to ask them why the orders which he had given and supported before in anger and which he had advanced repeatedly had not long since been carried out8 ,would that not have been the most natural and the first thing that he would have done in his anger if he had really expected and wanted his wild orders carried out8 ,your ,honors1 look at it from the human point of view4 ,revive all the experiences of your long and no doubt rich lives and examine with me whether ,i am not right in what ,i say4 ,i challenge my learned opponent to show me in all these instances1 which are really appalling1 one single expression indicating that the defendant objected to the failure to carry out his earlier threatening orders4 ,not a single word can be found and here1 your ,honors1 the truth becomes so obvious that no intelligent man can ignore it4 ,it sounded incredible in the mouth of the witnesses when they said again and again that no such orders were carried out4 ,it has been put to the defendant that it is improbable that a field marshal did not expect his orders to be carried out and that all his subordinates did not immediately rush to carry out his orders1 but the man who is sitting before you told the truth in spite of all appearances to the contrary1 for if he as a field marshal had expected his orders issued in anger to be carried out then he would surely at one time or another have expressed dissatisfaction because they had not been carried out4 ,but he did nothing except to get angry from his sickness and his anxiety about his people4 ,it is clear not only from the ,terboven case that he actually knew nothing about what he had screamed out and that he never seriously pressed home his demands4 ,the ,court has questioned him repeatedly about these expressions4 ,he always supplied that he did not remember them and he did not believe that he had said so4 ,he has often had to tell you that what he shouted was wrong if he had actually said it4 ,that too seemed incredible at first1 but as this man afterwards no longer knew what he said in these attacks then he cannot testify about them4 ,it is also clear that a man in such a fit speaks many untruths and one cannot assert that he lied deliberately4 ,the man1 as ,i say today1 has told you the truth as far as he can know it to the best of his knowledge and belief4 ,these transcripts cannot convict him of untrustworthiness4 ,moreover1 in many cases the transcripts are no doubt full of mistakes1 distortions1 and errors4 ,i have shown you a number of passages which must be wrong4 ,i have shown you transcripts such as ,,nokw-#cei1 ,exhibit #ge1 which speak of ,milch's presence and statements although on that day he could not have been present in the ,jaegerstab4 ,this is also true of some records of ostensible ,,gl meetings4 ,i have also proved that other transcripts make no logical sense in ,german and that several statements must have been run together there4 ,today1 of course1 no one can say whether these various statements were all made by the defendant4 ,many witnesses which ,i have examined on this matter1 for example1 to name but a few1 ,richter1 ,pendele1 ,hertel1 ,speer1 and ,vorwald1 have testified that the transcripts contained many errors and that they were never corrected1 that they were sometimes even intentionally distorted when the defendant attacked his superiors4 ,such passages were either left out or changed in such a way that the attacks on the person in question were no longer recognizable4 ,but who would seriously consider it permissible to use such faulty transcripts as evidence8 ,all the witnesses from the entourage of the defendant have told you finally that in these ,central ,planning ,board1 as well as in the ,jaegerstab and ,,gl meetings1 that in addition to transcripts reproducing the individual speeches and opinions so-called records of results were drawn up which contained only the really important decisions1 orders1 and regulations4 ,they alone were valid for the subordinates4 ,those concerned acted according to them alone4 ,it is noteworthy that the prosecution has not submitted a single one of those records of results containing any inhuman orders issued by the defendant4 ,i beg of you1 your ,honors1 not only to give severe consideration to the weaknesses of the defense1 ,i beg you to draw your severe conclusions from the weaknesses of the prosecution as well4 ,the fact that no incriminating records of results have been submitted proves once more that these threats were never carried out4 ,your ,honors1 in disturbed times other men1 too1 sometimes say things which cannot be taken seriously4 ,men can be charged only according to their deeds1 not according to their chatter4 ,if you have access to ,churchill's speech made in his first excitement after ,dunkirk1 you can see what violations of international law he recommended to the civilian population of ,england when he called upon them to prevent a ,german airborne landing4 ,but he never actually issued any such orders1 and so no one will try him for that4 ,when the late ,general ,patton said at one time that he intended to continue to collaborate with such of the ,german ,nazis as were specialists1 some excited ,american newspaper ran this headline3 8,patton ,should ,be ,shot40 ,who would be so stupid as to call these newspapers inhuman8 ,no one in the world2 no one takes such excited words seriously4 ,no one can say that these outbursts of anger meant that ,milch approved the atrocities which occurred elsewhere in ,germany4 ,the affidavits of ,kruedener1 ,defense ,exhibit #cg1 ,lotte ,mueller1 ,defense ,exhibit #ch1 the testimony of witnesses ,koenig1 ,vorwald1 ,pendele1 have all shown that this man always and everywhere tried to help people in distress4 ,he1 who ostensibly wanted to force the foreign workers and concentration camp inmates to work by means of starving them1 had the concentration camp inmates supplied with food from his estate near ,rechlin in order to improve their diet4 ,thus1 in his actions1 he did the opposite of what he shouted in his anger4 ,but one could raise a very serious charge to the effect that ,milch by his thoughtless manner of speaking incited the elements throughout the country which committed such misdeeds4 ,but this again1 your ,honors1 is untrue4 ,you have not heard one single example here of anyone having acted according to ,milch's words and having referred to having done so4 ,these displays of fury only occurred among people who knew ,milch and knew that he could not be taken seriously in such moments4 ,all witnesses have stated for you that these fits only became known to the circle of intimates4 ,i lived in ,germany throughout the war4 ,although the sins of the high-ranking leaders of the ,reich were eagerly discussed among the people1 ,i never heard one word about ,milch's fits of rage4 ,in reply to my question the witness ,vorwald stated convincingly that nobody spoke about these incidents to other persons because they did not wish to expose their superior to whom they were attached4 ,his loyal followers surrounding him with a cordon of silence4 ,nothing could be more understandable1 and every decent person who respects his superior will and must act in the same manner1 for1 in spite of his occasional fierceness1 ,milch was popular with his subordinates4 ,the witnesses ,richter1 ,hertel1 ,pendele and ,vorwald1 among others1 testified before you that ,milch was highly esteemed4 ,richter actually called him the best and fairest superior whom he had ever met in all his life4 ,here1 your ,honors1 in this praise ,milch's true nature appears before our eyes4 ,i believe1 therefore1 to be justified in saying that one cannot and must not judge ,milch by his wild talk4 ,to infer guilt from that would mean to pass a judgment which could never be upheld before justice4 ,nobody may be judged by empty phrases4 ,i would like to tell you a true story here which occurred in ,germany during the discussions about a new1 more stringent ,national ,socialist penal code4 ,at that time the ,party took the point of view that criminal intent in itself was punishable1 and thus1 during a meeting of the ,penal ,law ,commission in connection with the question of the meaning of murder1 a long debate developed as to whether a person who intended to bring about the death of an enemy by prayer was to be punished by death for murder4 ,the majority of ,party members concurred with this mad opinion on the punishment of criminal intent4 ,the sensible ones protested against it for a long time4 ,when the debate was nearing its end1 ,dr4 ,guertner1 the ,reich ,minister of ,justice at the time1 a clear-sighted man1 rose and with one single sentence made reason prevail4 ,these were his words3 8,gentlemen1 ,i do not understand you4 ,all my life a corpse has been part of a murder40 ,the narrow-minded ,party doctrinaires had to give in to the scornful laughter that followed these words4 ,and in that way ,i should like here to think of ,milch's wild talk and exclaim1 8,where is the corpse80 ,in my opinion the only remaining question which needs serious discussion is merely that of the employment of foreign workers1 of ,,pw's1 and of concentration camp inmates4 ,to begin with1 it must be mentioned that the prosecution in its opening speech maintained that ,milch more than anybody else in ,germany was occupied with the employment of forced labor in ,germany4 ,that statement1 however1 is in no way correct4 ,that1 at least1 has been clarified by the evidence beyond all doubt1 it seems to me4 ,there can be no doubt that ,sauckel and ,speer had considerably more to do with so-called forced labor than ,milch1 quite apart from ,hitler and ,goering themselves4 ,it is necessary to visualize clearly the scope of ,milch's sphere of activities and of his authority4 ,your ,honors1 even if you were only to check the three part ,defense ,exhibit #ee which ,i submitted1 even to a superficial scrutiny only1 you would realize immediately that ,speer alone had a great deal more to do with this work than ,milch4 ,speer was in charge of all armaments for the army and navy which1 measured in human beings1 by far exceeded the ,luftwaffe1 and alone exceeded the volume of the ,luftwaffe armament many times1 in particular as ,milch only dealt with the construction of airplanes and as all equipment for the crews1 in fact were part of the army equipment4 ,furthermore1 ,speer was in charge of all other productions in the ,german ,reich4 ,finally1 after the establishment of the ,jaegerstab1 ,speer was also placed in charge of all armaments for the ,luftwaffe4 ,this ,defense ,exhibit #ee1 to which the defendant has sworn and which is based on the prosecution's own ,exhibit #eh1 reveals a much greater and more comprehensive scope of ,speer's organization4 ,it was he1 who as the central authority1 not only controlled an apparatus with considerably more tasks1 he alone also had at his disposal the executive authorities in the country1 who dealt with all matters which had to be taken1 whereas ,milch had no executive organs at his disposal4 ,he had1 therefore1 no executive powers whatsoever4 ,speer alone was in charge of the powerful main committees1 the main industrial rings1 in which the captains of industry exerted their influence and power4 ,he was also in charge of the armament commissions and armament officials of the armament inspectorates and armament detachments in the defense districts4 ,and lastly1 the ,gau plenipotentiaries and provincial economic offices in the whole country listened to him4 ,he was with ,hitler almost every week1 and therefore1 he possessed much more influence to which ,sauckel's power-- ,at this point1 the following discussion took place3 ,,presiding ,,judge ,,toms3 ,may ,i ask you what was ,koerner's special interest8 ,,dr4 ,,bergold3 ,i am not speaking about ,central ,planning ,board here4 ,i am only speaking about the ,,gl4 ,q4 ,i know1 but in the ,central ,planning ,board what particular field was ,koerner interested in--the navy8 ,a4 ,koerner8 ,no4 ,he was mainly in charge of agriculture4 ,he testified to that effect4 ,,presiding ,,judge ,,toms3 ,very well4 ,dr4 ,bergold continues4 ,speer was with ,hitler almost once a week and had therefore much more influence to which ,sauckel's power set the only limit4 ,the man1 ,milch1 never possessed such a machine4 ,the ,,gl was nothing but a technical agency in the ,reich ,air ,ministry which generally1 as the witnesses ,vorwald and ,hertel confirmed1 was told by the ,general ,staff of the ,luftwaffe what was to be constructed4 ,if ,milch had really been the powerful man as the prosecution describes him1 it would have been possible for him to carry out his plan for ,germany's air defense4 ,but the achievement of this goal for which this man worked with unbelievable effort and with all energy was denied to him simply because he was only in charge of a technical office which could not make any decisions whatsoever4 ,hitler1 ,goering1 and the ,general ,staff of the ,luftwaffe decided what this man had to construct and what plans he was to carry out4 ,he carried them out within the framework of the task with which he was entrusted1 always being suspended in the middle1 without ground under his feet1 without the direct authority to give orders to industry1 without influence on the supply of manpower and materials2 he could only get influence through the ,central ,planning ,board1 and there too the fundamental decisions were made by ,hitler1 by the latter himself1 on the advice of ,speer4 ,it is not necessary for me to name all the witnesses4 ,all his collaborators have testified to that effect4 ,may it please the ,tribunal1 if you examine the statements made by ,hertel and ,vorwald1 you will gather from them beyond any doubt that the ,,gl had nothing to do at all with the question of labor1 with the recruiting1 transportation1 and assignment of workers4 ,the ,,gl1 and this cannot possibly be doubted by anyone after hearing all these witnesses and especially after ,milch's testimony1 had merely to make the blueprints for airplanes and the construction necessary for this purpose1 and then to place the orders with the completely independent industry1 following in all this the instructions of the ,general ,staff and the orders given by ,hitler and ,goering4 ,all witnesses from the ,,gl have confirmed before you that the ,,gl had nothing to do at all with the labor question2 that he did not request one single worker or exert any influence on ,sauckel4 ,it is true that requests for labor passed1 for statistical reasons as well as for control purposes1 through the ,,gl office4 ,but it is important to remember and never to forget that industry submitted its real labor requests throughout the country to the labor exchange offices which were ,sauckel's agencies and to the armament inspectorates and armament detachments which were ,speer's agencies4 ,vorwald and the defendant himself have shown you with unmistakable clearness that the only thing which the ,,gl had to do with these requests was merely that he examined these requests of industry concerning the material point as well as the labor point1 and that he then reported to the ,speer ,ministry whether and in how far the requests of industry were exaggerated and false and if the ,,gl considered fewer material and less manpower to be adequate4 ,now1 what does such an activity actually mean8 ,surely not1 as the prosecution submits1 the enslavement of new workers1 but exactly the contrary2 namely their reduction4 ,if the ,,gl had not exercised this activity1 ,sauckel would have got much larger requests from industry and he would have procured this labor by means of more forceful methods than he actually did4 ,that industry had to request workers in order to carry out its tasks assigned by ,hitler1 ,goering1 and the ,general ,staff of the ,luftwaffe1 who were the authorities who decided on the extent of the construction program of air armaments1 was however not caused by the ,,gl4 ,he was nothing else but an executive organ in the chain of command from ,hitler1 ,goering1 and the ,general ,staff4 ,he was merely the technical agency which had to make the blueprints and constructions1 and then1 after approval by higher authorities1 had to submit them to industry for the undertaking of the orders4 ,this1 your ,honors1 is the recital of the evidence produced on the activity of the ,,gl1 and the only thing which the ,,gl did in the framework of this activity was to reduce to the lowest level the requests for labor made by industry1 for the many reasons that he was sufficiently expert to look through the exaggerated requests of industry which could never get enough workers4 ,it is significant that the ,,gl minutes which have been submitted nowhere reveal a discussion of real manpower guidance1 but1 at the utmost1 that once a few questions were discussed for information purposes4 ,it is furthermore highly significant that among the entire organizations of the ,,gl there were no offices for labor assignment and labor research as was the case in the ,armament ,ministry of ,speer 7see ,defense ,exhibit #ee71 but merely for statistics of the personnel4 ,there is nothing to clarify the real situation better than this fact4 ,has the fact that industry1 which had to carry out ,hitler's construction program1 employed foreign workers1 prisoners of war1 concentration camp inmates1 been caused by the defendant8 ,industry had employed these people before the beginning of ,milch's tenure2 it employed them because ,hitler had ordered through ,sauckel that industry had to employ these people--not in order to obtain slave labor for slave labor's sake--but only for the reason to be able to throw still more ,germans into the greedy jaws of the fiendish war and thus surely causing disaster for ,germans as well as for other peoples4 ,as far as the ,,gl is concerned--the least reproach can be cast upon ,milch1 of all the reproaches that can be cast upon him4 ,it only consists in that he passed orders on to the air armament industry 7and where did this not occur during the war871 and that he saw to it that no exaggerated requests for material and manpower were made4 ,the prosecution has proved nothing which could contradict these statements4 ,but ,milch has--and this1 too1 has been proved--not only curtailed exaggerated labor requests of industry by means of his statistics1 thus preventing the increase of foreign labor1 but in addition to that1 as was stated by the witnesses ,brauchitsch1 ,pendele1 ,hertel1 ,vorwald1 and others1 he always endeavored seriously and successfully to maintain the ,german workers in the factories2 and in doing so he even saved ,german workers who should have been drafted1 at least to the amount of #gj1jjj for the air armament factories1 keeping thus on a lower level further requests for foreign workers and their assignment4 ,a man who1 as the prosecution means1 is keen on slave labor does not act in that way4 ,finally1 there is another point to be mentioned in this connection4 ,the ,international ,military ,tribunal--which1 by the way1 states expressly in its verdict against ,sauckel that there is no doubt of ,sauckel having had the over-all responsibility for the slave labor program--that ,tribunal stated in its verdict against ,speer that it has to be considered as a mitigating circumstance in his favor1 that by setting up protected factories ,speer had kept many workers in their homelands4 ,your ,honors will remember the depositions of ,hertel1 ,vorwald1 and ,milch1 of which it results that as early as #aida ,milch1 first together with ,udet and later on alone1 had factories working in ,france on the basis of a free agreement with the ,french plants in order to employ ,french workers in their home country4 ,these agreements were1 as has been testified to by ,foerster1 completely free1 because in #aida the industry of that part of ,france which at that time had not yet been occupied had concluded them4 ,therefore1 ,milch was the inventor of the idea to have labor employed on the spot in foreign countries4 ,it was not only in ,france that he1 being the first1 carried that out4 ,you have heard that this occurred also in ,holland and in ,hungary4 ,now1 if the ,international ,military ,tribunal counted this circumstance as a mitigating one for ,speer1 it must all the more be credited to the defendant who acted that way not merely from #aidc onward1 as did ,speer according to his own statement in this trial1 but already as early as #aida1 and was the first to do so4 ,in this instance again the defendant proved to be a man who endeavored to mitigate as much as possible the difficulties which had arisen from the prevailing emergency4 ,that much as far as the defendant's activity as ,,gl is concerned4 ,when ,i come to consider in how far ,milch's activity on the ,central ,planning ,board could be charged against him1 ,i am aware that some of the minutes of the ,central ,planning ,board could1 in themselves1 be interpreted as a charge against ,milch4 ,but if your ,honors consider that out of sixty meetings of the ,central ,planning ,board the prosecution could only list fifteen meetings in which labor questions were discussed--this being done in some instances in a perfunctory and casual way--it results from this fact already that the ,central ,planning ,board1 as to its aim1 was not charged with the guiding of manpower1 which at that time was the focal point of many schemes in all countries and1 above all1 in ,germany4 ,in this trial there was much argument between the prosecution and the defense as to the significance and the essence of the ,central ,planning ,board until1 eventually1 with the help of the key ,document ,,nokw-#bde1 ,prosecution ,exhibit #aeg1 the argument was decided4 ,there it says literally1 8,speer and ,i 7that is1 ,milch7 are of the opinion that he 7,sauckel7 has to be incorporated somehow in the ,central ,planning ,board in order to get the labor assignment1 as well as the material1 into our hands4 ,at the present time we have no possibility to steer it40 ,these words were voiced on #bc ,february #aidc after the ,central ,planning ,board had been in existence for already one year4 ,these words were not voiced at that time for the purpose of ex post facto whitewashing1 but they expressed the complete truth and have characterized the situation in quite simple and clear words for always and unmistakably4 ,no decree has been submitted1 nor order of ,hitler has been proved1 to show that this situation was changed4 ,at no time1 indeed at no time1 was ,sauckel a member of the ,central ,planning ,board4 ,if the prosecution wants to consider the wish ,milch uttered at that occasion as incriminating1 they are at liberty to do so4 ,however1 this is not a punishable deed1 and nobody can tell what amount of good ,milch could have done if he had factually been in charge of the labor assignment4 ,his other deeds account for the assumption that he would certainly have stopped abuses and would have mitigated all that was necessary as far as possible4 ,the members of this trial would not believe1 at first1 in the depositions of all the witnesses who have been heard here1 including ,koerner1 stating that the ,central ,planning ,board dealt with labor questions merely for reasons of information4 ,the wording of the speeches seemed to contradict it4 ,but1 your ,honors1 the witnesses have also testified before you that the speeches could only be understood if they are read4 ,prosecution ,exhibit #aeg has put an end to all such doubts4 ,whoever wants to pronounce here the verdict with all the necessary seriousness cannot bypass this document4 ,nobody can contend any longer that the defendant has not told you the full truth4 ,therefore1 his statement under oath is to be believed1 which agrees with ,speer's statement in that the so-called labor assignment meetings were held with ,sauckel always with the sole aim to obtain from ,sauckel1 who had reported so many false figures and was not scrupulous about telling the truth1 eventually and for once1 clear figures4 ,likewise1 ,document ,,nokw-#aie1 ,prosecution ,exhibit #adc1 the report on the meeting of #bh ,october #aidc1 held at ,goering's place1 shows a constant struggle with ,sauckel in order to obtain true figures because ,hitler would not believe that ,sauckel's figures were completely false4 ,it has been proved that factually both ,speer and ,milch have been reproached because they did not fulfill the program made by ,hitler1 although many millions of workers had allegedly been at their disposal4 ,alone for air armament1 according to ,goering's calculation based on ,sauckel's figures1 five million workers should have been available--whereas the entire air armament employed a much lower total of people4 ,as ,hitler was a dangerous man and his reproaches could have disagreeable consequences1 ,speer and ,milch cannot be blamed for wanting to get this subject clear2 consequently1 if they discussed this problem in detail--especially during the #ec;d and #edth meetings of the ,central ,planning ,board--this has nothing to do at all with labor procurement4 ,that these meetings have not been summoned by ,milch--that they have been summoned by ,speer and his ministry--has been proved4 ,milch presided over these meetings only because ,speer was ill4 ,but he only carried through the order of his friend ,speer4 ,but even these discussions do not alter the fact that the ,central ,planning ,board as such had nothing to do with labor procurement4 ,these very discussions were of a purely informative nature4 ,by them the ,central ,planning ,board did not obtain any influence on the carrying out of labor procurement nor on its distribution4 ,how characteristic it is1 however1 for the personality of ,milch that he used even this discussion about ,sauckel's figures in order to reduce the millions of new workers whom ,hitler had ordered in ,january #aidd to quite a considerable extent4 ,in all the discussions submitted there is nowhere a word to be found1 either to the effect that ,milch had requested workers for his air armament4 ,if the need for workers was under discussion1 then always only1 as the defendant himself confirmed1 in regard to the basic industries--that is1 mining and the iron industry and in regard to agriculture4 ,it was always a question1 as the records show1 of the commitment of prisoners of war4 ,but even according to the ,geneva ,convention prisoners of war may be employed in mining1 in the production of iron1 and in agriculture4 ,these places of work are not actual armament industries4 ,that ,milch did not have anything to do with the commitment of ,russians in antiaircraft defense1 which was not under him at all2 that1 on the contrary1 he even opposed it1 and that that part of the minutes of the #cc;d meeting of the ,central ,planning ,board must be incorrect here1 too1 has been stated by the witnesses ,hertel1 ,koenig1 as well as others equally incontestably4 ,it has now been proved that this order was issued by the ,,okw directly via ,goering4 ,thus ,milch1 in his capacity as member of the ,central ,planning ,board1 was neither perpetrator of1 nor accomplice in1 crimes2 nor did the ,central ,planning ,board have as its purpose the commission of such crimes4 ,its sole purpose was the distribution of raw materials--an activity which is not prohibited under any conditions4 ,the third activity of ,milch which could bring him in connection with the so-called slave labor was the activity on the ,jaegerstab4 ,were one to view this membership in the ,jaegerstab from the point of view of the prosecution1 one could perhaps maintain the previously formed opinion that this activity was limited to the increased use of slave labor4 ,the testimony of ,speer1 ,vorwald1 and ,milch1 however1 have shown that the ,jaegerstab had two main aims1 namely1 first1 to raise the production of fighter planes and1 secondly1 to facilitate ,milch's resignation from his office by transferring the entire air armament industry to the ministry of ,speer4 ,formerly1 to be sure1 ,milch was one of the chairmen of this ,jaegerstab1 but the witnesses--among them ,schmelter1 ,hertel1 ,eschenauer and ,vorwald--have testified that the actual chairman of this ,jaegerstab was ,saur4 ,milch very soon withdrew from the ,jaegerstab2 in ,march #aidd he still participated in fifteen meetings1 in ,april only eight1 in ,may only five1 and in ,june only two4 ,nothing proves the veracity of the testimony of the defendant more than the quite obvious decrease in his participation4 ,if one considers the fact that the ,jaegerstab held its meetings daily one realizes how rapidly the decrease in the activity of the defendant was4 ,if one considers furthermore that he was not always present at the meetings at all1 that he did not hear most of the details of the discussions at these meetings1 one can say with certainty that he was really not the man who had the biggest influence in the ,jaegerstab1 and who performed the practical work there4 ,the expression 8breakfast director01 which the witness ,dorsch applied to the defendant1 characterizes the situation excellently4 ,the ,jaegerstab was concerned with labor questions only insofar as it guided the so-called transfer of workers who were already working in industry1 in the event changes in production occurred1 especially effecting1 as far as possible1 their transfer from closed down bomber factories to fighter plane factories4 ,however1 in this connection it is almost exclusively a question of so-called skilled workers1 as the witness ,schmelter1 a specialist in this field1 has confirmed4 ,in this process no new workers of any kind were introduced into industry4 ,the witness ,schmelter1 however1 finally expressly confirmed that no real influence was exerted on ,sauckel and his offices4 ,wishes regarding the transfer were merely referred to the ,organization ,sauckel4 ,this fact in particular was emphasized in the statement of ,schmelter with all the clarity desirable4 ,thus1 it has been proved in regard to this committee1 too1 that it had nothing to do with the bringing of workers into ,germany from abroad1 nor dealt with their redistribution4 ,thus1 it was also not the purpose of the ,jaegerstab to decide labor questions4 ,finally1 it has thus been clarified that the ministry of ,speer was the office which handled labor questions1 insofar as it was necessary in the framework of the transfers4 ,on the basis of the submitted documents1 it seems at first as though the ,jaegerstab had initiated and carried out the building of underground factories or of concrete protected factories above ground4 ,the witnesses ,speer1 ,hertel1 ,eschenauer1 ,koenig1 ,pendele1 as well as ,milch1 himself1 however1 all clearly and decisively confirmed that these constructions were ordered directly by ,hitler and ,goering1 and that the defendant had opposed these orders because he considered them senseless4 ,it has furthermore been declared that ,hitler himself1 handled the needs of workers for these undesirable constructions4 ,the ,jaegerstab was connected with these constructions1 according to all the testimony1 only to the extent that it had to examine which ones of the fighter plane factories had to be installed in them4 ,in this connection it must be remembered that a number of these constructions were also allocated for armament factories of the ,wehrmacht4 ,thus1 ,milch also cannot be charged with any responsibility in this count4 ,he was neither formally nor actually in a position to prevent ,hitler's and ,goering's orders4 ,nor had ,milch anything to do with the allocation of ,hungarian ,jews to these factories1 quite apart from the fact that it has been made clear that these ,jews were allocated only in the summer of #aidd1 which was stated by the last prosecution witness1 ,krysiak1 that is1 at a time when ,milch had withdrawn from his office for some time4 ,it has been proved that ,hitler issued relevant orders here and that the ,jaegerstab trip to ,hungary was entirely unconnected with this matter because it was undertaken solely for the purpose of a conference with the legal ,hungarian government4 ,these consultations were merely concerned with agreements regarding aircraft production by the ,hungarian industry in the large caves near the ,danube4 ,not one single document has shown that ,milch either agreed to or welcomed the employment of ,hungarian ,jews4 ,to sum up1 ,i may say then that even within the ,jaegerstab ,milch was neither a principal nor an abetter in the crimes listed in the indictment4 ,i might add that it was not the purpose of the ,jaegerstab to carry out such crimes4 ,in any case he was by no means the leading man on that board4 ,it has been found with certainty beyond all doubt that the ,jaegerstab served the purpose of helping the defendant to withdraw from office4 ,mention must also be made of the question of concentration camp inmates working4 ,before going into details1 ,i should like to make a few basic remarks4 ,from all the trials in which ,i acted as counsel1 from the questions asked in this courtroom1 from various discussions ,i have had with citizens of your country1 ,i have1 your ,honors1 attained the certainty that in your circles no one believes in the truthfulness of the defendants' and all other witnesses' statements1 namely that the average ,german knew nothing about the happenings in the concentration camps and that the defendant did not know of the existence of such camps1 with the exception of ,dachau and ,oranienburg4 ,as most ,germans certify to this and as all witnesses swear to this under oath1 it is first of all difficult to understand why such statements are not believed4 ,it can only be explained by the fact that the citizens of your country have been so much influenced by press propaganda and the newly discovered facts that they put more trust in the reports of their newspapers than in the assurances of the citizens of a country which is now known throughout the world as the place of origin of many atrocities4 ,but should such prejudice which does not originate from one's own and actual experience influence the judgment8 ,i believe and always have believed that it is one of the essential laws of justice to base one's judgment strictly on facts which have become evident during a trial4 ,it is a proven fact that in ,germany no one was allowed to write about concentration camps2 that the rules of secrecy which had been imposed by the dictatorial regime had to be kept very strictly2 and that even the ,german authorities in case of their violating these rules of secrecy1 were threatened with death1 as ,i have proved by the submission of ,defense ,exhibit #cf4 ,from the statement of the witness ,roeder1 who1 incidentally1 explained that the defendant had neither the power of passing a death sentence nor of sending people to concentration camps1 you have learned that the concentration camp inmates spoke to nobody about their condition4 ,even the prosecution witness ,krysiak has told you that the prisoners did not dare to lodge complaints to anybody4 ,how could the ,germans generally learn about conditions in concentration camps8 ,milch1 too1 could not and did not learn about them1 as he has told you1 for the secrecy was kept even among the highest authorities4 ,may the propaganda of your country insist on the contrary as much as it likes1 what ,i have stated here still remains true1 and ,i can certify it myself4 ,i myself who during the time of the so-called ,third ,reich often enough defended men who were accused because of their political views1 ,i1 who was watched by the ,gestapo1 who was attacked in the public newspapers of ,nuernberg and especially was mentioned with name in the notorious 8,stuermer0 on account of my defense of unhappy ,jews1 ,i1 too1 didn't learn anything about these camps1 although clients came to me after their release from the concentration camp ,dachau4 ,i always asked them and ,i always received the answer that they had nothing special to report4 ,it was1 of course1 no pleasant life1 but they reported that it was not so bad4 ,i would ask you1 your ,honors1 to consider how we could have learned of these conditions4 ,may ,i remind you in this connection that deeds have been committed in the east of the former ,german territory1 in the ,sudeten-,german border territories of ,czechoslovakia1 and other countries1 deeds which1 even if one imagines them at their worst1 remain far behind the truth4 ,about these atrocities the international press has kept silent although one day history will speak and one will learn about them with horror4 ,i have refused to give proof of the events which were brought about by your armies after the collapse4 ,i could have mentioned many deeds which can be called nothing but grave infringements against the ,geneva ,convention4 ,i could have given you a picture of how in the prisoners' camps in the early days hundreds of ,german prisoners died of starvation4 ,i am not accusing anyone4 ,shortcomings of organization and of human nature but not express orders and rules account for it4 ,i only mention this1 your ,honors1 in order to point out that you did not learn about this and that it is only our unhappy and wretched people who know about it4 ,but we who have had the bitter experience of the power of propaganda and of the force of secrecy know that ignorance of such matters can be excused and believed4 ,therefore1 no one may say from the outset that all the unanimous statements by witnesses and the declarations of ,milch are to be disbelieved4 ,they have been sworn to2 and the verdict must take them into consideration4 ,according to these it is certain that ,milch only knew of the employment of concentration camp inmates in the ,heinkel plant in ,oranienburg and that he was of the opinion that these were ,german criminals and ,german political prisoners1 of whose mistreatment1 however1 he had no knowledge4 ,the use of prisoners and convicts is not a crime against humanity4 ,this1 however1 should not have to be mentioned4 ,in all countries in the world it is customary for prisoners to be obliged to work4 ,in ,germany this was even regulated by law to such an extent that the prisoners who were condemned to prison1 that is1 not to the penitentiary1 also had to work4 ,for a prisoner to have to work is not an atrocity4 ,an atrocity can be seen only if the prisoner has to do this work under conditions which injure his health or which are inhuman4 ,but ,milch did not know that the food1 the housing1 and the treatment of the prisoners were inhuman4 ,one would have to prove such knowledge before one could punish him for it4 ,you have heard1 on the contrary1 that he always did everything possible when he heard of individual cases of abuse4 ,he even tried to help1 as the ,kruedener affidavit1 ,defense ,exhibit #cg1 proves1 in a case where he was not competent4 ,as the testimony of ,kruedener revealed this was a case of inadequate accommodations4 ,moreover1 as the witness ,koenig has testified1 he instituted an improvement in the food given the prisoners at ,rechlin on his own initiative1 and he generally saw to it that workers got better rations4 ,but that does not mean that he knew that those prisoners were starving4 ,it was unfortunately so that because of the total blockade of ,germany by the ,allied forces the food available to the civilian population of ,germany was very poor4 ,i myself had only had the minimum ration card2 and ,i could tell you a long story about how difficult it was to work on such rations4 ,milch1 however1 obtained better food for everyone working under him for armament4 ,it was he who was the first to obtain extra rations for his air armament industry because the workers worked overtime4 ,as a number of records of the ,central ,planning ,board and the ,jaegerstab show1 he obtained additional rations for the prisoners of war and1 for example1 sent the ,russians into agriculture so that they might get better food there and be padded a little4 ,he had an office set up in the ,jaegerstab in order to obtain additional food and clothing for the workers1 as the witness ,schmelter has testified4 ,the improvement in the food of the inmates of ,rechlin concentration camp was part of these measures4 ,if he did this through his estate1 it was because he had no influence with the administration of the concentration camps in respect of the issue of additional ration cards4 ,it would not correspond with justice if he was pronounced punishable for the employment of concentration camp inmates under these conditions4 ,the compulsory labor of prisoners has always been lawful in ,germany even before the ,third ,reich4 ,he knew nothing of cruelties and atrocities or inhuman treatment4 ,therefore1 his consent to these cannot be proved4 ,if ,i may summarize then1 ,i believe that my opening statement for the defense had correctly revealed that ,milch was not a slave holder1 moreover that he never aspired to be one1 that he was of the opinion that the employment of such workers was permitted1 and finally that he had done everything to keep down the employment of foreign workers as much as possible and to make it as humane as possible4 ,at any rate the prosecution's description of him is in no way accurate1 and could only originate from a misunderstanding of the man1 his speeches1 and of his background4 ,sauckel and ,speer had far greater responsibility in this connection4 ,it was they who had real influence1 and not ,milch1 but even in the case of ,speer who was higher than ,milch in his position1 the ,international ,military ,tribunal has granted extenuating circumstances in connection with the manpower issue4 ,i am convinced that ,milch thought employing such labor was permissible1 and that he did everything in his power to keep such employment to the lowest level and as human as possible4 ,i am conscious of the fact that the verdict of the ,international ,military ,tribunal is a great obstacle for me1 and nevertheless the ,tribunal was merely composed of human beings1 and it had passed judgment under particularly difficult circumstances1 and in composition it opened the door to politics into the courtroom4 ,i do not need to remind you that in the ,english speaking countries1 several verdicts of the ,tribunal were subjected to very serious criticism4 ,i myself here attacked one point of this verdict with better witnesses and better evidence1 that with regard to slave labor1 for example1 the ,international ,military ,tribunal based itself upon a wrong assumption4 ,nobody stated there that the ,u4,s4,s4,r4 had called off the ,hague ,convention of ,land ,warfare4 ,i checked up on those features of defense1 and ,i found that all the time it was only talk that the ,u4,s4,s4,r4 had not become a partner of the convention4 ,the statement of von ,neurath revealed that notice of withdrawal was expressly given4 ,here we not only pronounce penalty verdicts or judgment1 but also political judgments1 whether we want to or not4 ,especially in politics there is always some fluctuation4 ,every day new facts turn up1 which throw different light upon things4 ,the distance of time which always grows greater and greater and separates us from the irritating events of the past allows an ever clearer judgment4 ,the man who returns from battle is always confused4 ,the more he becomes calm the more he admits justice towards his enemy4 ,honorable ,judges of this ,tribunal1 when you judge please don't forget the whole personality of ,milch4 ,he always concerned himself as a good and noble man1 and ,i am not only convinced of that as his counsel but also as a human being4 ,the world would have a different outlook if his superiors had listened to his advice1 which was intended to serve the people of this world1 and the common will of the people1 and peace4 ,in his heart he always took the side of the fighter who fought for united ,europe1 which now has been joined also by his former enemy number one1 ,churchill4 ,may this statement of ,milch which has thrown new light upon things serve this aim4 ,poor and tortured ,europe needs an enduring peace4 ,may his statements also open the eyes of those among the ,german people who still cannot give up their misconceptions of many years1 and show them what crime has been committed against them4 ,but you1 ,honorable ,judges1 must recognize from the attitude of the defendant ,milch that he never became unfaithful to himself1 and even if he had been perhaps under the spell of erroneous conception1 he has always wanted the best for his and other people4 ,i have profound confidence in you1 ,honorable ,judges1 that you1 equally detached from your own people1 will find an independent1 true and righteous judgment that corresponds to the truth4 ,i shall consider it as an honor for my person if ,i have contributed to this through my painstaking labor4 ----- #aeb ,defense ,counsel ,dr4 ,friedrich ,bergold delivered the closing statement before the ,tribunal on #be ,march #aidg1 ,tr4 pp4 #bcgg-bdce4 #aec ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bbf4 #aed ,ibid41 p4 #bec4 #aee ,memorandum of #ae ,september #aida from ,canaris to ,keitel concerning an ,,okw order regulating the treatment of ,soviet prisoners of war1 contained in ,nazi ,conspiracy and ,aggression1 vol4 ,,vii1 p4 #daa1 ,u4,s4 ,government ,printing ,office1 ,washington1 #aidf4 ,,vi4 ,,final ,,statement ,,of ,,the ,,defendant1 #be ,,march #aidgaef ,,defendant ,,erhard ,,milch3 ,since ,i became a soldier in #aiaj my work has been devoted to my ,german people4 ,in the ,first ,world ,war ,i was at the front from the first to the last day4 ,then with others ,i built up the ,german air lines1 and when in #aicc the government asked me to enter the ,air ,ministry1 despite many misgivings1 ,i could not refuse to take up that task because it was pointed out to me that ,i could not turn a deaf ear to this call of the ,german people4 ,i have remained faithful to the idea which ,i conceived at the time of the air lines1 that all nations must collaborate1 particularly the ,european nations4 ,pressed together in a small area1 and whenever possible1 mostly outside my actual sphere of work1 ,i dedicated myself to that task4 ,i was opposed to war because my experiences from the ,first ,world ,war showed me that the living standard of any people would not be improved by war1 and on the contrary everybody would be grievously harmed4 ,it was for me a matter of course1 even in the late great war1 the planning of which was unknown to me1 to do my duty in my post4 ,my full effort was dedicated to the air defense of the ,german homeland4 ,this ,i conceived to be the only possibility to obtain bearable peace terms4 ,even though ,i had nothing to do with the employment of workers1 including foreign workers1 ,i considered it to be my duty to make precise investigations into the admissibility of work by foreigners1 investigations which were answered in the affirmative2 ,i also made efforts to keep the numbers as low as possible and to see to it they would work in protected factories in foreign countries4 ,i always made efforts to improve the living conditions of all types of workers4 ,my statements made to the best of my knowledge and conscience to this ,tribunal were directed to the world at large1 and above all to the ,german people1 in order to show that only by peaceful understanding of the nations among each other could life and civilization be secured in future and that understanding was not only necessary but also possible if good will prevails4 ,but ,i also wanted to show my fellow ,germans quite clearly that an autocratic government which is not controlled must end in disaster4 ,my personal fate is of no consequence in this connection4 ,i am interested only in one thing--that the ,german people should1 as soon as possible1 be relieved of their untold suffering and should join the community of nations as an equal partner4 ----- #aef ,tr4 pp4 #bdhi-ij4 ,,vii4 ,,judgment ,a4 ,opinion and ,judgment of the ,united ,states ,military ,tribunal ,,ii#aeg ,the indictment in this case contains three counts1 which may be summarized as follows3 ,count ,one3 ,war crimes1 involving murder1 slave labor1 deportation of civilian population for slave labor1 cruel and inhuman treatment of foreign laborers1 and the use of prisoners of war in war operations by force and compulsion4 ,count ,two3 ,war crimes1 involving murder1 subjecting involuntary victims to low-pressure and freezing experiments resulting in torture and death4 ,count ,three3 ,crimes against humanity1 involving murder and the same unlawful acts specified in counts one and two against ,german nationals and nationals of other countries4 ,for reasons of its own1 the ,tribunal will first consider counts two and one1 in that order1 followed by consideration of count three4 ,,count ,,two ,more in detail1 this count alleges that the defendant was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in and was connected with1 plans and enterprises involving medical experiments without the subjects' consent1 in the course of which experiments1 the defendant1 with others1 perpetrated murders1 brutalities1 cruelties1 tortures1 and other inhuman acts4 ,the so-called medical experiments consisted of placing the subject in an airtight chamber in which the air pressure is mechanically reduced so that it is comparable with the pressure to which an aviator is subjected at high altitudes1 and in experimenting upon the effect of extreme dry and wet cold upon the human body4 ,for these experiments inmates of the concentration camp at ,dachau were selected4 ,these inmates presented a motley group of prisoners of war1 dissenters from the philosophy of the ,national ,socialist ,party1 ,jews1 both from ,germany and the eastern countries1 rebellious or indifferent factory workers1 displaced civilians from eastern occupied countries1 and an undefined group known as 8asocial or undesirable persons40 ,in approaching a judicial solution of the questions involved in this phase of the case1 it may be well to set down seriatim the controlling legal questions to be answered by an analysis of the proof4 7#a7 ,were low-pressure and freezing experiments carried on at ,dachau8 7#b7 ,were they of a character to inflict torture and death on the subjects8 7,the answer to these two questions may be said to involve the establishment of the corpus delicti47 7#c7 ,did the defendant personally participate in them8 7#d7 ,were they conducted under his direction or command8 7#e7 ,were they conducted with prior knowledge on his part that they might be excessive or inhuman8 7#f7 ,did he have the power of opportunity to prevent or stop them8 7#g7 ,if so1 did he fail to act1 thereby becoming particeps criminis and accessory to them8 ,the periods during which these experiments were conducted become extremely significant in determining the responsibility of the defendant4 ,the evidence is uncontradicted that the low-pressure experiments were inaugurated in ,march #aidb1 and were concluded by the end of ,june #aidb4 ,the cold water experiments extended from ,august to ,october #aidb1 and the freezing experiments from ,february to ,april #aidc4 ,during all of these periods the defendant was ,under ,state ,secretary of the ,reich ,air ,ministry1 ,inspector ,general and ,second in ,command under ,goering of the ,luftwaffe1 to which post he was appointed #ai ,november #aida4 ,in these various capacities1 certain military duties devolved upon him1 especially as ,inspector ,general4 ,for example1 he was ordered by ,hitler to take an air squadron to ,norway on a purely military expedition1 and during the siege of ,stalingrad1 early in #aidc1 he was ordered by ,hitler to attempt to transport into ,stalingrad by air food and supplies for the beleaguered ,german ,army4 ,his high military standing is indicated by the fact that he was one of the twelve field marshals of the ,german armed forces4 ,the major part of his duties1 however1 revolved around the production of aircraft for the ,luftwaffe4 ,he was primarily a production man1 charged with the duty of keeping military airplanes supplied in sufficient quantity to the air arm of ,germany's military machine4 ,this naturally involved the procurement in large quantities of the two essential ingredients of production--labor and raw material--and an over-all supervision of any efforts having to do with that arm4 ,one of the defendant's immediate subordinates was ,professor ,hippke1 who held the post of ,inspector of the ,medical ,services of the ,luftwaffe4 ,hippke was a physician1 and had supervision of all matters involving the health and physical welfare of the personnel of the ,luftwaffe4 ,the low-pressure experiments at ,dachau were conducted by three physicians1 ,dr4 ,romberg1 ,dr4 ,ruff1 and ,dr4 ,rascher4 ,it is quite apparent from the evidence that ,dr4 ,rascher1 who was attached to the ,luftwaffe but made frantic efforts to have himself transferred to the ,,ss1 was principally responsible for the nature of the experiments4 ,dr4 ,ruff and ,dr4 ,romberg were also attached to the ,luftwaffe and were1 therefore1 remotely under the command and control of the defendant1 but the evidence is persuasive that1 although they were interested in and helped conduct the experiments up to a certain point1 the excesses which resulted in torture and death are attributable to ,dr4 ,rascher4 ,it is quite apparent that the actual activities of these three physicians were far removed from the immediate scrutiny of the defendant even though their activities were conducted within the orbit of the ,luftwaffe1 over which the defendant had command4 ,approaching now the determinative questions listed above1 some progress can quickly be made in arriving at judicially satisfactory answers4 7#a7 ,as to the first question1 the evidence is overwhelming and not contradicted that experiments involving the effect of low air pressure and freezing on live human beings were conducted at ,dachau from ,march through ,june #aidb4 7#b7 ,approaching the second question1 it is claimed by the defendant that only legitimate scientific experiments were conducted which did not involve pain or torture and could not ordinarily be expected to result in death4 ,it is remotely possible that so long as the experiments were under the guidance of ,dr4 ,ruff and ,dr4 ,romberg some consideration was given to the possible effect upon the subjects of the experiments4 ,but it is indisputable that the experiments conducted by ,dr4 ,rascher involved torture and suffering in the extreme and in many cases resulted in death4 ,under the specific guidance of ,dr4 ,rascher1 the air pressure was reduced to a point which no flier would ever be required to undergo 7#ad1jjj meters74 ,the photographs of the subjects undergoing these experiments indicate extreme agony and leave no doubt that any victim who was fortunate enough to survive had undergone a harrowing experience4 ,the ,tribunal does not hesitate to find that these experiments1 performed under the specious guise of science1 were barbarous and inhuman4 ,it has been urged by the defendant that the only persons used as subjects of these experiments were habitual criminals who had been sentenced to death and who were given the dubious option of offering themselves for the experiments and receiving as a reward1 if they survived1 a commutation of the death sentence to life imprisonment4 ,this claim scarcely merits serious consideration4 ,a number of witnesses stated that they had a vague understanding that this was the case1 but the record is entirely barren of any credible testimony which could possibly justify such a finding of fact4 7#c7 ,the prosecution does not claim 7and there is no evidence7 that the defendant personally participated in the conduct of these experiments4 7#d7 ,there is no evidence that the defendant instituted the experiments or that they were conducted or continued under his specific direction or command4 ,it may perhaps be claimed that the low-pressure chamber1 which was the property of the ,luftwaffe1 was sent to ,dachau at the direction of the defendant1 but even if this were true it could not be inferred from that fact alone that he thereby promulgated the inhuman and criminal experiments which followed4 ,the low-pressure chamber was susceptible of legitimate use and1 perhaps1 had ,dr4 ,rascher not injected himself into the proceedings1 it would have been confined to that use4 7#e7 ,assuming that the defendant was aware that experiments of some character were to be launched1 it cannot be said that the evidence shows any knowledge on his part that unwilling subjects would be forced to submit to them or that the experiments would be painful and dangerous to human life4 ,it is quite apparent from an over-all survey of the proof that the defendant concerned himself very little with the details of these experiments4 ,it was quite natural that this should be so4 ,his most pressing problems involved the procurement of labor and materials for the manufacture of airplanes4 ,his position involved vast responsibilities covering a wide industrial field1 and there were certainly countless subordinate fields within the ,luftwaffe of which he had only cursory knowledge4 ,the ,tribunal is convinced that these experiments1 which fell naturally and almost exclusively within one of his subordinate departments1 engaged the attention of the defendant only perfunctorily1 if at all4 7#f7 ,did the defendant have the power or opportunity to prevent or stop the experiments8 ,it cannot be gainsaid that he had the authority to either prevent or stop them insofar as they were being conducted under the auspices of the ,luftwaffe4 ,it seems extremely probable1 however1 that1 in spite of him1 they would have continued under ,himmler and the ,,ss4 ,but certainly he had no opportunity to prevent or stop them1 unless it can be found that he had guilty knowledge of them1 a fact which has already been determined in the negative4 ,as early as #bj ,may #aidb1 the defendant wrote to ,wolff1 ,himmler's ,adjutant1 stating3 899 99 99 our medical inspector ,dr4 ,hippke reports to me that the altitude experiments carried out by the ,,ss and ,luftwaffe at ,dachau have been finished4 ,any continuation of these experiments seems essentially unreasonable 99 99 99 8,the low-pressure chamber would not be needed for these low-temperature experiments4 ,it is urgently needed at another place and therefore can no longer remain in ,dachau40 ,certainly the defendant did not have the opportunity to prevent or stop the experiments if he had been told and was convinced that they had terminated on #bj ,may #aidb1 and there is no reason to believe that he did not rely upon ,dr4 ,hippke's report as to their termination4 ,considerable emphasis is laid upon the testimony that a motion picture of the experiments was brought to ,berlin and exhibited in the ,air ,ministry ,building1 where the defendant had his office4 ,it may even be said that the picture was brought to ,berlin for the defendant's edification4 ,but it appears that he was not present when it was shown and that1 in any event1 the showing was long after the experiments were concluded1 at which time the defendant certainly could do nothing toward preventing them or stopping them4 7#g7 ,in view of the above findings1 it is obvious that the defendant never became particeps criminis and accessory in the low-pressure experiments set forth in the second count of the indictment4 ,as to the other experiments1 involving subjecting human beings to extreme low temperatures both in the open air and in water1 the responsibility of the defendant is even less apparent than in the case of the low-pressure experiments4 ,the same letter of #bj ,may #aidb to ,wolff does indicate that the defendant was aware of the proposed sea-water experiments4 ,in it he says-- 899 99 99 the carrying out of experiments of some other kind1 in regard to perils at high seas1 would be important4 ,these have been prepared in immediate agreement with the proper offices2 ,oberstabsarzt ,weltz will be charged with the execution and ,stabsarzt ,rascher will be made available until further order in addition to his duties within the medical corps of the ,luftwaffe4 ,a change of these measures does not appear necessary1 and an enlargement of the task is not considered pressing at this time40 ,it is true that ,rascher wrote interminable reports as to the results of these experiments1 but there is no proof that they ever reached the defendant4 ,on the contrary1 they were addressed to ,himmler and to ,rudolf ,brandt1 his adjutant4 ,at the ,nuernberg conference in ,november #aidc1 which was held after all experiments had been finished1 reports were made which even to a mildly curious lay person might have indicated that the experiments had been tinged with excesses and fatalities4 ,but two facts are striking4 ,first1 the defendant was not present at the conference and only received a report of it later2 and1 second1 the experiments were at that time all over4 ,it must be constantly borne in mind that this is an ,american court of justice1 applying the ancient and fundamental concepts of ,anglo-,saxon jurisprudence which have sunk their roots into the ,english common law and have been stoutly defended in the ,united ,states since its birth4 ,one of the principal purposes of these trials is to inculcate into the thinking of the ,german people an appreciation of1 and respect for1 the principles of law which have become the backbone of the democratic process4 ,we must bend every effort toward suggesting to the people of every nation that laws must be used for the protection of people and that every citizen shall forever have the right to a fair hearing before an impartial tribunal1 before which all men stand equal4 ,we must never falter in maintaining1 by practice as well as by preachment1 the sanctity of what we have come to know as due process of law1 civil and criminal1 municipal and international4 ,if the level of civilization is to be raised throughout the world1 this must be the first step4 ,any other road leads but to tyranny and chaos4 ,this ,tribunal1 before all others1 must act in recognition of these self-evident principles4 ,if it fails1 its whole purpose is frustrated and this trial becomes a mockery4 ,at the very foundation of these juridical concepts lie two important postulates 7#a7 every person accused of crime is presumed to be innocent1 and 7#b7 that presumption abides with him until guilt has been established by proof beyond a reasonable doubt4 ,unless the court which hears the proof is convinced of guilt to the point of moral certainty1 the presumption of innocence must continue to protect the accused4 ,if the facts as drawn from the evidence are equally consistent with guilt and innocence1 they must be resolved on the side of innocence4 ,under ,american law neither life nor liberty is to be lightly taken away1 and1 unless at the conclusion of the proof there is an abiding conviction of guilt in the mind of the court which sits in judgment1 the accused may not be damnified4 ,paying reverent attention to these sacred principles1 it is the judgment of the ,tribunal that the defendant is not guilty of the charges embraced in count two of the indictment4 ,,count ,,one ,count one of the indictment charges the defendant with the commission of specified war crimes1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in and was connected with1 plans and enterprises involving slave labor and deportation to slave labor1 resulting in the enslavement1 torture and murder of civilians of foreign countries4 ,the indictment further charges that he similarly participated in the use of prisoners of war in war operations and work having a direct relation to war operations1 resulting in inhuman treatment and death to captured members of the armed forces opposed to ,germany4 ,the indictment alleges that these acts were in violation of international law and the recognized principles of civilized warfare and in specific violation of numerous treaties and conventions to which ,germany was a party4 ,it is claimed by the prosecution that the defendant's responsibility for these alleged crimes arises from his activities in three capacities 7#a7 as ,aircraft ,master ,general 7,generalluftzeugmeister72 7#b7 member of the ,central ,planning ,board2 and 7#c7 chief of the ,jaegerstab4 ,the ,central ,planning ,board was established by a decree of the ,fuehrer1 dated #bi ,october #aidc4 ,that decree fitted the task of production of material goods of every kind into the framework of the ,four ,year ,plan and charged the ,central ,planning ,board with the procurement and distribution of material of every description4 ,the ,board consisted of ,reich ,minister ,speer1 ,under ,secretary ,koerner1 and the defendant4 ,on #a ,march #aidd1 the ,jaegerstab was established1 consisting of ,speer1 ,saur 7a subordinate of ,speer71 and the defendant4 ,the ,jaegerstab concerned itself exclusively with the material needs of the ,luftwaffe1 and was headed1 naturally1 by the defendant4 ,it became apparent that neither of these two bodies could adequately deal with the problems of production without constantly dealing with the question of labor supply4 ,meetings of the ,central ,planning ,board were held at least weekly and the minutes of those meetings which were offered in evidence show a constant and unremitting concern with the problem of labor4 ,fritz ,sauckel was in supreme command of the procurement of labor for the entire war effort1 and his conduct in carrying out his task has been vividly portrayed in the judgment of the ,international ,military ,tribunal3#aeh 899 99 99 ,as local supplies of raw materials and local industrial capacity became inadequate to meet the ,german requirements1 the system of deporting laborers to ,germany was put into force4 ,by the middle of ,april #aidj compulsory deportation of laborers to ,germany had been ordered in the ,general ,government2 and a similar procedure was followed in other eastern territories as they were occupied4 ,a description of this compulsory deportation from ,poland was given by ,himmler4 ,in an address to ,,ss officers he recalled how in weather #dj degrees below zero they had to #8haul away thousands1 tens of thousands1 hundreds of thousands4' ,on a later occasion ,himmler stated3 8#8,whether ten thousand ,russian females fall down from exhaustion while digging an antitank ditch interests me only insofar as the antitank ditch for ,germany is finished 99 99 994 ,we must realize that we have #f-g million foreigners in ,germany 99 99 994 ,they are none of them dangerous so long as we take severe measures at the merest trifles4' 8,during the first two years of the ,german occupation of ,france1 ,belgium1 ,holland1 and ,norway1 however1 an attempt was made to obtain the necessary workers on a voluntary basis4 ,how unsuccessful this was may be seen from the report of the meeting of the ,central ,planning ,board on #a ,march #aidd4 ,the representative of the defendant ,speer1 one ,koehrl ,kehrl1 speaking of the situation in ,france said3 #8,during all this time a great number of ,frenchmen were recruited1 and voluntarily went to ,germany4' 8,he was interrupted by the defendant ,sauckel3 #8,not only voluntary1 some were recruited forcibly4' 8,to which ,koehrl ,kehrl replied3 #8,the calling up started after the recruitment no longer yielded enough results4' 8,to which the defendant ,sauckel replied3 #8,out of the five million workers who arrived in ,germany1 not even #bjj1jjj came voluntarily4' ,and ,koehrl ,kehrl rejoined3 #8,let us forget for the moment whether or not some slight pressure was used4 ,formally1 at least1 they were volunteers4' 8,committees were set up to encourage recruiting1 and a vigorous propaganda campaign was begun to induce workers to volunteer for service in ,germany4 ,this propaganda campaign included1 for example1 the promise that a prisoner of war would be returned for every laborer who volunteered to go to ,germany4 ,in some cases it was supplemented by withdrawing the ration cards of laborers who refused to go to ,germany1 or by discharging them from their jobs and denying them unemployment benefit or an opportunity to work elsewhere4 ,in some cases workers and their families were threatened with reprisals by the police if they refused to go to ,germany4 ,it was on #ba ,march #aidb that the defendant ,sauckel was appointed ,plenipotentiary-,general for the ,utilization of ,labor1 with authority over #8all available manpower1 including that of workers recruited abroad1 and of prisoners of war'4 8,the defendant ,sauckel was directly under the defendant ,goering as ,commissioner of the ,four ,year ,plan1 and a ,goering decree of #bg ,march #aidb transferred all his authority over manpower to ,sauckel4 ,sauckel's instructions1 too1 were that foreign labor should be recruited on a voluntary basis1 but also provided that #8where1 however1 in the occupied territories1 the appeal for volunteers does not suffice1 obligatory service and drafting must under all circumstances be resorted to4' ,rules requiring labor service in ,germany were published in all the occupied territories4 ,the number of laborers to be supplied was fixed by ,sauckel1 and the local authorities were instructed to meet these requirements by conscription if necessary 99 99 994 899 99 99 the evidence before the ,tribunal establishes the fact that the conscription of labor was accomplished in many cases by drastic and violent methods4 ,the #8mistakes and blunders' were on a very great scale4 ,manhunts took place in the streets1 at motion picture houses1 even at churches and at night in private houses4 ,houses were sometimes burnt down1 and the families taken as hostages1 practices which were described by the defendant ,rosenberg as having their origin #8in the blackest periods of the slave trade4' ,the methods used in obtaining forced labor from the ,ukraine appear from an order issued to ,,sd officers which stated3 8#8,it will not be possible always to refrain from using force 99 99 994 ,when searching villages1 especially when it has been necessary to burn down a village1 the whole population will be put at the disposal of the commissioner by force 99 99 994 ,as a rule no more children will be shot 99 99 994 ,if we limit harsh measures through the above orders for the time being it is only done for the following reason 99 99 994 ,the most important thing is the recruitment of workers4' 8,the resources and needs of the occupied countries were completely disregarded in carrying out this policy4 ,the treatment of the laborers was governed by ,sauckel's instructions of #bj ,april #aidb to the effect that-- #8,all the men must be fed1 sheltered and treated in such a way as to exploit them to the highest possible extent1 at the lowest conceivable degree of expenditure4' 8,the evidence showed that workers destined for the ,reich were sent under guard to ,germany1 often packed in trains without adequate heat1 food1 clothing1 or sanitary facilities4 ,the evidence further showed that the treatment of the laborers in ,germany in many cases was brutal and degrading 99 99 994 ,they were subject to constant supervision by the ,gestapo and the ,,ss1 and if they attempted to leave their jobs they were sent to correction camps or concentration camps4 ,the concentration camps were also used to increase the supply of labor4 ,concentration camp commanders were ordered to work their prisoners to the limits of their physical power4 ,during the latter stages of the war the concentration camps were so productive in certain types of work that the ,gestapo was actually instructed to arrest certain classes of laborers so that they could be used in this way4 ,allied prisoners of war were also regarded as a possible source of labor4 ,pressure was exercised on noncommissioned officers to force them to consent to work1 by transferring to disciplinary camps those who did not consent4 ,many of the prisoners of war were assigned to work directly related to military operations1 in violation of ,article #ca of the ,geneva ,convention4 ,they were put to work in munition factories and even made to load bombers1 to carry ammunition and to dig trenches1 often under the most hazardous conditions4 ,this condition applied particularly to the ,soviet prisoners of war4 ,on #af ,february #aidc1 at a meeting of the ,central ,planning ,board1 at which the defendants ,sauckel and ,speer were present1 ,milch said3 8#8,we have made a request for an order that a certain percentage of men in the ack-ack artillery must be ,russians2 #ej1jjj will be taken altogether1 #cj1jjj are already employed as gunners4 ,this is an amusing thing1 that ,russians must work the guns4'0 ,and on #d ,october #aidc1 at ,poznan1 ,himmler1 speaking of the ,russian prisoners1 captured in the early days of the war1 said3 8#8,at that time we did not value the mass of humanity as we value it today1 as raw material1 as labor4 ,what1 after all1 thinking in terms of generations1 is not to be regretted1 but is now deplorable by reason of the loss of labor1 is that the prisoners died in tens and hundreds of thousands of exhaustion and hunger4' 8,the general policy underlying the mobilization of slave labor was stated by ,sauckel on #bj ,april #aidb4 ,he said3 8#8,the aim of this new gigantic labor mobilization is to use all the rich and tremendous sources conquered and secured for us by our fighting armed forces1 under the leadership of ,adolf ,hitler1 for the armament of the armed forces1 and also for the nutrition of the homeland4 ,the raw materials1 as well as the fertility of the conquered territories and their human labor power1 are to be used completely and conscientiously to the profit of ,germany and her allies 99 99 994 ,all prisoners of war from the territories of the ,west1 as well as the ,east1 actually in ,germany1 must be completely incorporated into the ,german armament and nutrition industries 99 99 994 ,consequently it is an immediate necessity to use the human reserves of the conquered ,soviet territory to the fullest extent4 ,should we not succeed in obtaining the necessary amount of labor on a voluntary basis1 we must immediately institute conscription or forced labor 99 99 994 ,the complete employment of all prisoners of war1 as well as the use of a gigantic number of new foreign civilian workers1 men and women1 has become an indisputable necessity for the solution of the mobilization of the labor program in this war4'0 ,continuing with the quotation from the ,,imt decision3#aei 899 99 99 ,as the dominant member of the ,central ,planning ,board1 which had supreme authority for the scheduling of ,german production and the allocation and development of raw materials1 ,speer took the position that the ,board had authority to instruct ,sauckel to provide laborers for industries under its control and succeeded in sustaining this position over the objection of ,sauckel4 ,the practice was developed under which ,speer transmitted to ,sauckel an estimate of the total number of workers needed4 ,sauckel obtained the labor and allocated it to the various industries in accordance with instructions supplied by ,speer4 8,speer knew when he made his demands on ,sauckel that they would be supplied by foreign laborers serving under compulsion4 ,he participated in conferences involving the extension of the slave labor program for the purpose of satisfying his demands4 ,he was present at a conference held during #aj-ab ,august #aidb with ,hitler and ,sauckel at which it was agreed that ,sauckel should bring laborers by force from occupied territories where this was necessary to satisfy the labor needs of the industries under ,speer's control4 ,speer also attended a conference in ,hitler's headquarters on #d ,january #aidd1 at which the decision was made that ,sauckel should obtain #8at least #d million new workers from occupied territories' in order to satisfy the demands for labor made by ,speer1 although ,sauckel indicated that he could do this only with help from ,himmler4 8,sauckel continually informed ,speer and his representatives that foreign laborers were being obtained by force4 ,at a meeting of #a ,march #aidd1 ,speer's deputy questioned ,sauckel very closely about his failure to live up to the obligation to supply four million workers from occupied territories4 ,in some cases ,speer demanded laborers from specific foreign countries4 ,thus1 at the conference #aj-ab ,august #aidb1 ,sauckel was instructed to supply ,speer with #8a further million ,russian laborers for the ,german armament industry up to and including ,october #aidb4' ,at a meeting of the ,central ,planning ,board on #bb ,april #aidc1 ,speer discussed plans to obtain ,russian laborers for use in the coal mines1 and flatly vetoed the suggestion that this labor deficit should be made up by ,german labor4 8,speer has argued that he advocated the reorganization of the labor program to place a greater emphasis on utilization of ,german labor in war production in ,germany and on the use of labor in occupied countries in local production of consumer goods formerly produced in ,germany4 ,speer took steps in this direction by establishing the so-called #8blocked industries' in the occupied territories which were used to produce goods to be shipped to ,germany4 ,employees of these industries were immune from deportation to ,germany as slave laborers and any worker who had been ordered to go to ,germany could avoid deportation if he went to work for a blocked industry4 ,this system1 although1 somewhat less inhumane than deportation to ,germany1 was still illegal4 ,the system of blocked industries played only a small part in the over-all slave labor program1 although ,speer urged its cooperation with the slave labor program1 knowing the way in which it was actually being administered4 ,in an official sense1 he was its principal beneficiary and he constantly urged its extension4 8,speer was also directly involved in the utilization of forced labor as ,chief of the ,organization ,todt4 ,the ,organization ,todt functioned principally in the occupied areas on such projects as the ,atlantic ,wall and the construction of military highways1 and ,speer has admitted that he relied on compulsory service to keep it adequately staffed4 ,he also used concentration camp labor in the industries under his control4 ,he originally arranged to tap this source of labor for use in small out-of-the-way factories2 and later1 fearful of ,himmler's jurisdictional ambitions1 attempted to use as few concentration camp workers as possible4 8,speer was also involved in the use of prisoners of war in armament industries but contends that he utilized ,soviet prisoners of war only in industries covered by the ,geneva ,convention4 8,speer's position was such that he was not directly concerned with the cruelty in the administration of the slave labor program1 although he was aware of its existence4 ,for example1 at meetings of the ,central ,planning ,board he was informed that his demands for labor were so large as to necessitate violent methods in recruiting4 ,at a meeting of the ,central ,planning ,board on #cj ,october #aidb1 ,speer voiced his opinion that many slave laborers who claimed to be sick were malingerers and stated3 #8,there is nothing to be said against ,,ss and police taking drastic steps and putting those known as slackers into concentration camps4'0 ,under the provisions of ,article ,x of ,ordinance ,no4 #g1 these determinations of fact by the ,international ,military ,tribunal are binding upon this ,tribunal 8in the absence of substantial new evidence to the contrary40 ,any new evidence which was presented was in no way contradictory of the findings of the ,international ,military ,tribunal1 but1 on the contrary1 ratified and affirmed them4 ,the next question to be answered is whether or not the defendant ,milch in this case knew that foreign slave labor and prisoners of war were being procured by ,sauckel and used in the aircraft industry1 which the defendant controlled4 ,the defendant's own words1 as gleaned from the minutes of the ,central ,planning ,board and from his own testimony1 conclusively answer this question in the affirmative4 ,he testified that he knew that prisoners of war were employed in the airplane factory at ,regensburg and that some twenty thousand ,russian prisoners of war were used to man antiaircraft guns protecting the various plants4 ,he stated further that he saw this type of war prisoners manning #h4h and #aj4e centimeter antiaircraft guns at airplane factories in ,luftgau #g near ,munich4 ,sauckel1 the ,plenipotentiary for ,labor1 sat in on at least fifteen meetings of the ,central ,planning ,board1 over which the defendant presided1 and discussed at great length and in elaborate detail the problems involved in procuring sufficient foreign laborers for the ,german war effort4 ,he frankly disclosed the cruel and barbarous methods used in forcing civilians of the eastern countries into the ,reich for war work4 ,he related the difficulties and resistance which confronted him and the methods which he used and proposed to use in forcibly rounding up and transporting foreign workers4 ,the advisability of using prisoners of war and inmates of concentration camps in the ,luftwaffe was frankly discussed1 with the defendant offering advice and suggestions as to the most effective methods to be used4 ,in the face of this overwhelming evidence1 disclosing page after page of discussion between ,speer1 ,sauckel1 and the defendant in which the defendant urged more severe and coercive methods of procuring foreign labor from the ,east1 it would violate all reason to conclude that he had no knowledge of the source of this labor or of the methods used in procuring it4 ,his voice is constantly heard1 pleading for more laborers from this source and clamoring for a larger share in ,sauckel's labor pool4 ,hildebrand and ,sagemeier for the coal mines1 ,rohland for the foundries1 ,kehrl for the coal and iron industries1 ,bruch and ,becht for the rubber industry1 ,speer for the armament industry1 and ,milch for the aircraft industry--all these and others joined in a pagan chorus1 in which the harmony was frequently strained1 but all singing the same song1 8,we need laborers1 men and women4 ,we don't care where you get them1 but give us more40 ,at the #edth meeting of the ,central ,planning ,board1 ,sauckel stated in the defendant's presence3 899 99 99 ,thereupon ,i even proceeded to employ and train a whole batch of ,french male and female agents who for good pay1 just as was done in olden times for #8shanghaiing'1 went hunting for men and made them drunk by using liquor as well as words1 in order to dispatch them to ,germany4 ,moreover ,i charged some able men with founding a special labor supply executive of our own1 and this they did by training and arming1 with the help of the ,higher ,,ss and ,police ,fuehrer1 a number of natives1 but ,i still have to ask the ,munitions ,ministry for arms for the use of these men4 99 99 994 899 99 99 ,i and my assistants in fact have sometimes seen things happen in ,france that ,i was forced to ask1 is there no respect any more in ,france for the ,german lieutenant with his #aj men8 99 99 99 ,we ,germans must make an example of one case1 and1 by reason of this law1 if necessary put ,prefect or ,burgomaster against the wall1 if he does not comply with the rules2 otherwise no ,frenchman at all will be dispatched to ,germany40 ,the defendant contributed to the discussion by saying3 899 99 99 ,as soon as you arrive the men run away to protect themselves from being sent to ,germany 99 99 994 ,the men even then will be whisked away unless quite another authority and power is on the watch1 and this can only be the army itself4 99 99 99 ,i can find no remedy but that the army should assert itself ruthlessly40 ,as indicating that the defendant was not indifferent to the problem1 at the same meeting1 in referring to procuring labor from ,italy1 he offered the following suggestion3 8,we could take under ,german administration the entire food supply for the ,italians and tell them3 only he gets any food who either works in a protected factory 7that is1 a factory in ,italy manufacturing ,german war material7 or goes to ,germany40 ,later in the same conference1 the defendant made another contribution to the solution of the problem of foreign labor1 saying3 8,now during the transfer it is necessary to see that the people really do arrive and do not run away before or during the transfer4 ,if a transport has left a town and has not arrived1 #ejj to #fjj persons from this place must be arrested and sent to ,germany as prisoners of war4 ,such a thing is then talked about everywhere4 ,if actions like this and other similar ones are carried out often1 they would exert a certain pressure4 ,the whole thing would be made easier1 if we had control of food40 ,at the #ec;d meeting of the ,central ,planning ,board 7#af ,february #aidd71 the defendant stated3 8,our best new engine is made #hh percent by ,russian prisoners of war and the other #ab percent by ,german men and women40 ,instances could be multiplied in which the defendant not only listened to stories of enforced labor from eastern civilians and other prisoners of war and thereby became aware of the methods used in procuring such labor1 but in which he himself urged more stringent and coercive means to supplement the dwindling supply of labor in the ,luftwaffe4 ,as ,germany's plight became more desperate1 her loss of military personnel presented an alarming dilemma1 resulting in the defection of thousands of workmen to the armed forces4 ,this resulted in a shifting of the dilemma to industry1 and spurs were put to the labor procurement officers to fill the widening gap in the industrial labor ranks4 ,every branch of war industry constantly clamored for replacements and each vied with the others for a greater quota from the labor pool4 ,confronted by the desperate situation1 the labor procurement officers1 headed by the implacable ,sauckel1 cast aside all restraint and set out systematically to herd into the ,reich any human being who could contribute to ,germany's war effort4 ,under ,sauckel's whip1 no means however harsh were overlooked1 and no person however exempt was spared4 ,the defense on this count is ingenious but unconvincing4 ,as to the use of prisoners of war1 the defendant testified that he had been advised by some unidentified person high in the ,national ,socialist ,councils that it was not unlawful to employ prisoners of war in war industries4 ,the defendant was an old and experienced soldier1 and his testimony revealed that he was well acquainted with the provisions of the ,geneva and ,hague ,treaties on this subject1 which are plain and unequivocal4 ,in the face of this knowledge1 the advice which he claims to have received should have raised grave suspicions in his mind4 ,presenting an entirely different aspect to his defense1 he testifies that many of the ,russian prisoners of war volunteered to serve in the war industries and apparently enjoyed the opportunity of manufacturing munitions to be used against their fellow countrymen and their allies4 ,other ,russian prisoners of war1 he states1 were discharged as such and immediately enrolled as civilian workers4 ,the photographs introduced in evidence1 however1 show that they still retained their ,russian army uniforms1 which makes their status as civilians suspect4 ,be that as it may1 it does not adequately answer the charge that hundreds of thousands of ,polish prisoners of war were cast into concentration camps and parceled out to the various war factories1 nor the further fact that thousands of ,french prisoners of war were compelled to labor under the most harrowing conditions for the ,luftwaffe4 ,as to the ,french civilian workers who were employed at war work in ,germany after the conquest of ,france1 it is the contention of the defendant that these workers were supplied by the ,french ,government under a solemn agreement with the ,reich4 ,it is claimed with a straight face that the ,vichy ,government1 headed by ,laval1 entered into an international compact with the ,german ,government to supply ,french laborers for work in ,germany4 ,this contention entirely overlooks the fact that the ,vichy ,government was a mere puppet set up under ,german domination1 which1 in full collaboration with ,germany1 took its orders from ,berlin4 ,the position of the defendant seems to be that1 if any force or coercion was used on ,french citizens1 it was exerted by their own government1 but this position entirely overlooks the fact that the transports which brought ,frenchmen to ,germany were manned by ,german armed guards and that upon their arrival they were kept under military guard provided by the ,wehrmacht or the ,,ss4 ,it was sought to disguise the harsh realities of the ,german foreign labor policy by the use of specious legal and economic terms1 and to make such policy appear as the exercise of conventional labor relations and labor law4 ,the fiction of a 8labor contract0 was frequently resorted to1 especially in the operations of the ,todt ,organization1 which implied that foreign workers were given a free choice to work or not to work for ,germany military industry4 ,this1 of course1 was purely fictitious1 as is shown by the fact that thousands of these 8contract workers0 jumped from the trains transporting them to ,germany and fled into the woods4 ,does anyone believe that the vast hordes of ,slavic ,jews who labored in ,germany's war industries were accorded the rights of contracting parties8 ,they were slaves1 nothing less--kidnapped1 regimented1 herded under armed guards1 and worked until they died from disease1 hunger1 and exhaustion4 ,the idea of any ,jew being a party to a contract with ,germans was unthinkable to the ,national ,socialists4 ,jews were considered as outcasts and were completely at the mercy of their oppressors4 ,exploitation was merely a convenient and profitable means of extermination1 to the end that1 8when this war ends1 there will be no more ,jews in ,europe04 ,as to non-,jewish foreign labor1 with few exceptions they were deprived of the basic civil rights of free men2 they were deprived of the right to move freely or to choose their place of residence2 to live in a household with their families2 to rear and educate their children2 to marry2 to visit public places of their own choosing2 to negotiate1 either individually or through representatives of their own choice1 the conditions of their own employment2 to organize in trade unions2 to exercise free speech or other free expression of opinion2 to gather in peaceful assembly2 and they were frequently deprived of the right to worship according to their own conscience4 ,all these are the sign-marks of slavery1 not free employment under contract4 ,the ,german nation1 before the ascendancy of the ,,nsdap1 had repeatedly recognized the rights of civilians in occupied countries4 ,at the ,hague ,peace ,conference of #aijg1 an amendment was submitted by the ,german delegate1 ,major ,general von ,guendell1 which read3 8,a belligerent is likewise forbidden to compel the nationals of the adverse party to take part in the operations of war directed against their country1 even when they have been in his service before the commencement of the war40 ,the ,german manual for war on land 7,kriegsbrauch im ,landkriege1 ,edition #aijb7 stated3 8,the inhabitants of an invaded territory are persons endowed with rights 99 99 99 subject to certain restrictions 99 99 99 but who otherwise may live free from vexations and1 as in time of peace1 under the protection of the laws40 ,during the ,first ,world ,war1 an order of the ,german ,supreme ,command 7#c ,october #aiaf7 provided for the deportation of ,belgian vagrants and idlers to ,germany for work1 but specified that such labor was not to be used in connection with operations of war4 ,the order resulted in such a storm of protest that it was at once abandoned by the ,german authorities4 ,it cannot be contended1 of course1 that foreign workers were entitled to comforts or luxuries which were not accorded ,german workers4 ,it is also recognized that1 especially during the latter part of the war there was a universal shortage of food and fuel throughout the ,reich and in the discomforts arising therefrom foreign workers were bound to share4 ,but it is an undoubted fact that the foreign workers were subjected to cruelties and torture and the deprivation of decent human rights merely because they were aliens4 ,this was not true in isolated instances1 but was universal and was the working out of the ,german attitude toward those whom it considered inferior peoples4 ,if any decent human consideration was shown these workers1 it was merely to maintain their productivity and did not stem from any humanitarian considerations4 ,the ,tribunal therefore finds the defendant guilty of the war crimes charged in count one of the indictment1 to wit1 that he was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in and was connected with1 plans and enterprises involving slave labor and deportation to slave labor of the civilian populations of countries and territories occupied by the ,german armed forces1 and in the enslavement1 deportation1 ill-treatment and terrorization of such persons2 and further that the defendant was a principal in1 accessory to1 ordered1 abetted1 took a consenting part in1 and was connected with1 plans and enterprises involving the use of prisoners of war in war operations and work having a direct relation to war operations4 ,,count ,,three ,count three of the indictment charges the defendant with crimes against humanity committed against 8,german nationals and nationals of other countries40 ,sufficient proof was not adduced as to such offenses against ,german nationals to justify an adjudication of guilt on that ground4 ,as to such crimes against nationals of other countries1 the evidence shows that a large number of ,hungarian ,jews and other nationals of ,hungary and ,romania1 which countries were occupied by ,germany but were not belligerents1 were subjected to the same tortures and deportations as were the nationals of ,poland and ,russia4 ,in count one of the indictment these acts are charged as war crimes and have heretofore been considered by the ,tribunal under that count in this judgment4 ,in the judgment of the ,international ,military ,tribunal 7,vol4 ,i1 ,trial of the ,major ,war ,criminals1 p4 #bed71 the court stated-- 8,from the beginning of the war in #aici1 war crimes were committed on a vast scale which were also crimes against humanity40 ,this is a finding of law and an interpretation of ,control ,council ,law ,no4 #aj1 with which this ,tribunal is in full accord4 ,our conclusion is that the same unlawful acts of violence which constituted war crimes under count one of the indictment also constitute crimes against humanity as alleged in count three of the indictment4 ,having determined the defendant to be guilty of war crimes under count one1 it follows1 of necessity1 that he is also guilty of the separate offense of crime against humanity1 as alleged in count three1 and this ,tribunal so determines4 ,in exculpation1 the defendant states that he was a ,german soldier and that whatever was done by him or with his knowledge or consent was done in pursuance of a national military policy promulgated by ,hitler and in obedience to military orders4 ,he protests that1 no matter how violently he disagreed with the methods used by the ,german ,reich in the furthering of its policy of aggressive war1 he was helpless to extricate himself and had no alternative except to stay with the venture to the bitter end4 ,it is true that withdrawal may involve risks and dangers1 but these are incidental to the original affiliation with the unlawful scheme4 ,he who elects to participate in a venture which may result in failure must make his election to abandon the enterprise if it is not to his liking or to stay as a participant1 and win or lose according to the outcome4 ,much significance must be attached to the meeting of #bc ,may #aici1 at which the defendant was admittedly present and in which ,hitler spoke at great length as to his plans for the subjugation of friendly minor nations and the ultimate conquest of ,europe4 ,a purported record of the events at this meeting has been introduced in evidence and has been found to be reliable and accurate by the ,international ,military ,tribunal4 ,the defendant has throughout insisted that this record is spurious and was made by ,schmundt long after the occasion which it records4 ,of course1 it was never anticipated that this record1 which was marked 8,top ,secret1 ,to be ,transmitted by ,officer ,only10 would ever be captured and its contents become known4 ,it is not surprising that those who sat and listened to the astounding program of the ,fuehrer now wish that they had been absent4 ,it cannot be denied that there was a meeting of some kind which the defendant attended and at which the ,fuehrer spoke1 and further that it was held a few short months before the actual invasion of ,poland1 as forecast in the report of the meeting4 ,the ,schmundt paper does not pretend to be a verbatim report of ,hitler's exact words1 but certainly all of the diabolical plans which it reveals were not manufactured by ,schmundt out of thin air1 attributed to ,hitler1 and then marked 8,top ,secret04 ,even if ,hitler said only a small part of what is attributed to him by ,schmundt1 there was enough said to advise and warn a man of the defendant's intelligence and experience that mischief was afoot4 ,every sentence shrieks of war4 ,the record hints at nothing else1 and1 if all references to conquest and war and world domination are eliminated1 ,hitler did not speak at all4 ,at this early date1 the defendant must be charged with knowledge that a war of aggression1 to be ruthlessly pursued1 was planned4 ,this1 then1 was the time for him to have made his decision--the decision which confronts every man daily--to be honorable or dishonorable4 ,life consists quite generally in making such decisions4 ,as an old soldier1 schooled in the code of war and well aware of the principles to which an honorable soldier must adhere1 he sat complacently and listened to a proposed program which violated national honor1 personal integrity and the moral code of an honest soldier4 ,he made his choice and elected to ride with the tyrant4 ,when the defendant joined the ,national ,socialist ,party in #aicc1 ,germany was in the throes of dire economic and political distress and was burdened by a myriad of political parties1 each with its separate program and all functioning at cross-purposes4 ,the defendant elected to affiliate with the ,,nsdap because1 he testified1 he believed it offered the most likely agency for bringing order out of chaos4 ,but very soon he must have realized that he had joined a band of villains whose program contemplated every crime in the calendar4 ,the ,nazi code was not a secret4 ,it was published and proclaimed by the ,party leaders in long harangues to the people2 decrees and directives were broadcast2 the infamous ,streicher was spreading anti-,jewish obscenities throughout the ,reich in 8,der ,stuermer02 ,roehm and a large number of the ,,sa were murdered by ,hitler's orders2 hundreds of ,german citizens were cast into concentration camps for 8political re-education10 without hearing or opportunity for defense2 the iniquitous ,gestapo stormed through the land1 with power over life and liberty which could not be questioned2 in public view ,jews were beaten and killed1 their synagogues burned and their stores destroyed4 ,the ,party proclaimed its objectives from the house-tops and verified them by open public conduct throughout the ,reich4 ,the significant fact which must not be overlooked is that all these things happened before the war was launched1 at a time when there was no claim upon the loyalty of the defendant as a soldier to protect his homeland at war4 ,he protests that he never subscribed to the master race philosophy1 but #ah years before he joined the ,party in #aicc1 its precepts and demands had been proclaimed1 among which was ,point #d-- 8,only a member of the race can be a citizen4 ,a member of the race can only be one who is of ,german blood1 without consideration of creed4 ,consequently no ,jew can be a member of the race40 ,the humblest citizens of ,germany knew that the iniquitous doctrines of the ,party were being implemented by ruthless acts of persecution and terrorism which occurred in public view4 ,thousands of obscure ,german citizens were only too well aware that they were living under the scrutiny of an army of spies and saw their friends and relatives summarily dispatched to concentration camps for the slightest suspicion of dissidence4 ,the defendant did not live in a vacuum4 ,he was not blind nor deaf4 ,long before #aici1 long before his military loyalty was called into play1 long before the door of withdrawal was closed1 he could have seen the bloody handwriting on the wall1 for murder and enslavement of his own countrymen was there written in blazing symbols4 ,but he had taken on the crimson mantle of the ,party1 with all its ghastly implication1 and he wore it with glory and profit to himself to the end4 ,others with more courage and higher principles and with more loyalty to the ancient ,german ideals rebelled and withdrew from the brutal crew--von ,clausewitz1 ,yorck von ,wartenburg1 ,schlegelberger1 ,schmitt1 ,eltz von ,ruebenach1 ,tesmer4 ,these men in high positions had the character to repudiate great evil1 and if in so doing they took risks and made sacrifices1 nevertheless1 they made their choice to stand with decency and justice and honor4 ,the defendant had his opportunity to join those who refused to do the evil bidding of an evil master1 but he cast it aside and his professed repentance now comes too late4 ,what a sordid picture of a civilized nation--the nation of ,goethe and ,heine1 of ,beethoven and ,schubert1 even of ,bismarck and von ,hindenburg--fawning and cringing at the feet of a small man with delusions of grandeur4 ,even when madness crept in to intensify his frenzy and fear of defeat put spurs to his ferocity1 they still said1 8,we are his people4 ,he is our immaculate leader40 ,men of large capacities1 even of genius1 prostituted their talents before a puny renegade who used them impiously and paid off his puppets with medals and pelf4 ,but the strutting menials stayed with him4 ,so long as success was on the horizon1 they bowed and scraped and sought to outdo each other in supine adulation4 ,they tell us now1 8,hitler was wrong40 ,but they never told him that4 ,right or wrong1 their only concern was1 8,can he win the war8 ,and what will it mean for me80 ,they heard him proclaim as early as ,november #aicg1 8,the question for ,germany is where the greatest possible conquest could be made at the lowest possible cost10 and they nodded and shouted1 8,heil ,hitler10 and maneuvered to get closer to him4 ,before the invasion of ,poland1 they heard this bloodthirsty tyrant say1 8,in starting and making a war1 not the right is what matters1 but victory40 ,and this defendant1 as part of the unholy array1 rolled up his sleeves and said1 8,let me help4 ,give me men and more men1 no matter where you get them40 ,in a civilized state which recognizes the sanctity of human lives and human rights1 no man--no group of men--should be endowed with omnipotence4 ,the history of human relations1 from ,herod to ,hitler1 has repeatedly demonstrated this to be true4 ,omnipotence is only for ,god4 ,be a man ever so wise1 ever so benevolent1 ever so trustworthy1 there still exists in him the frailty1 the fallibility1 the susceptibility to temptation that is inherent in every man4 ,if the only protection against the tyranny of an autocrat is his own self-restraint1 that is not enough1 for power feeds on power1 and the temptation to stretch authority to its limit is irresistible4 ,what1 then1 of the responsibility of those who bask in the reflected radiance of omnipotence1 who get their sustenance from it and who arrogantly carry out its mandates and crush any resistance to it8 ,are they not the hands and limbs of the monster1 carrying out the orders of the head8 ,surely1 they cannot be allowed to detach themselves from the corpus by saying1 8,these arms and legs are innocent--only the head is guilty80 ,in an authoritarian state1 the head becomes the supreme authority for woe as well as weal4 ,those who subscribe to such a state submit to that principle4 ,if they abjectly place all the power in the hands of one man1 with no right reserved to check or limit or repudiate1 they must accept the bitter with the sweet4 ,this is especially true of those in high places in the state--those who choose to enjoy the honor1 the emoluments and the power of such high stations4 ,by accepting such attractive and lucrative posts under a head whose power they know to be unlimited1 they ratify in advance his every act1 good or bad4 ,they cannot say at the beginning1 8,the ,fuehrer's decisions are final2 we will have no voice in them2 it is not for us to reason why2 his will is law10 and then1 when the ,fuehrer decrees aggressive war or barbarous inhumanities or broken covenants1 to attempt to exculpate themselves by saying1 8,oh1 we were never in favor of those things40 ,one cannot escape the conviction that1 had the war terminated in victory for ,germany1 all of the acts of ,hitler1 including those related to the charges in this indictment1 would have been hailed as strokes of genius1 and that this defendant would now be elbowing his way into the front row of those claiming to have successfully and victoriously carried out ,hitler's orders and policies--in fact1 claiming co-authorship in many4 ,but with ,germany defeated and ,hitler dead1 it becomes naively convenient to take refuge in the flimsy claim that no one except ,hitler was in favor of the invasion of ,poland and ,russia and ,france and the rape of ,holland and ,belgium and ,norway and ,denmark4 ,the defendant insists that he knew nothing of the atrocities and violence which were cumulating day by day throughout ,europe4 ,being a good ,german1 he says1 he supinely obeyed the decree which forbade listening to foreign broadcasts or reading foreign periodicals4 ,he surrendered to a political philosophy which outlawed the ordinary means of knowledge and which prevented the formation of rationalized opinion or judgment4 ,no one might read or listen or talk except in predetermined channels4 ,ignorance was prescribed by law4 ,the first weapon of tyranny is to keep its victims in darkness4 ,the ,germans were an intelligent1 cultured people2 they were not ignorant serfs4 ,what a travesty to say that a people which has produced some of the greatest intellects in human history is not fit to be told the truth4 ,desperate and discouraged peoples1 distraught with the crushing problems of hunger and insecurity1 have always cried out for a miracle worker to lead them out of the wilderness4 ,then is the golden opportunity for the mountebank with bland promises and soothing phrases to provide a poisonous panacea for their distress4 ,in their desperation they fail to realize that despotism has a way of beginning with benevolence and ends by being merely despotic4 ,masquerading in the mantle of a messiah1 the wily opportunist lulls them into subscribing to some glib ,fuehrerprinzip which means1 8,ask no questions2 leave everything to me40 ,and when the debacle comes1 they realize that they have left everything to him--honor1 dignity1 self-respect1 liberty1 even life itself--and they end up degraded1 ashamed1 impoverished1 and hopeless4 ,but have they ended up wiser8 ,the universal fear today is that in their desperation they will repeat the vicious process by saying1 8,last time we picked the wrong man4 ,let us seek a new messiah4 ,he will save us40 ,the lessons of one generation are quickly forgotten by the next1 but the inexorable laws of nature are immutable4 ,the tragic fruits of tyranny and intolerance will always be the moral decay of peoples and the degradation of human dignity4 ,over the heavy gates which shut in the hapless victims at ,dachau is a legend reading1 8,work will set you free40 ,the toil of slaves cannot set them free2 it only serves to further enslave them4 ,some day an enlightened ,german people will storm those gates and all others like them and recast them into an image of ,truth--an imperishable figure with eyes open and unbandaged4 ,so long as ,truth stands free and untarnished1 no future ,hitler will ever arise to deceive and degrade the ,german nation4 ,then there will never be another ,dachau4 ,signed ,,robert ,m4 ,,toms ,,presiding ,,judge ,,fitzroy ,d4 ,,phillips ,,judge ,,michael ,a4 ,,musmanno ,,judge ,,sentence ,this ,tribunal takes no pleasures in performing the duty which confronts it1 but the deliberate enslavement of millions must not go unexpiated4 ,the barbarous acts which have been revealed here originated in the lust and ambition of comparatively few men1 but all ,germans are paying and will pay for the degradation of their souls and the debasement of the ,german honor1 caused by following the false prophets who led them to disaster4 ,it would be a travesty on justice to permit those false leaders1 including this defendant1 to escape responsibility for the deception and betrayal of their people4 ,it would be even a greater injustice to view with complacence the mass graves of millions of men1 women1 and children whose only crime was that they stood in ,hitler's way4 ,retribution for such crimes against humanity must be swift and certain4 ,future would-be dictators and their subservient satellites must know what follows their defilement of international law and of every type of decency and fair dealing with their fellow men4 ,civilization will be satisfied with nothing less4 ,it is the sentence of this ,tribunal that the defendant ,erhard ,milch be confined to the ,rebdorf ,prison for the remainder of his natural life4 ----- #aeg ,concurring opinions were filed by ,judge ,musmanno1 see pp4 #gig-hei1 and by ,judge ,phillips1 see pp4 #hfj-hgh4 #aeh ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bdc-dg1 ,nuremberg1 #aidg4 #aei ,ibid41 pp4 #cha-hc4 ,b4 ,concurring ,opinion by ,judge ,michael ,a4 ,musmanno ,the defendant is ,erhard ,milch1 ,field ,marshal in the ,german ,luftwaffe1 ,inspector ,general of the ,luftwaffe1 ,state ,secretary in the ,air ,ministry1 ,generalluftzeugmeister1 representative of the ,wehrmacht on the ,central ,planning ,board1 ,chief of the ,jaegerstab and member of the ,nazi ,party4 ,he stands indicted of war crimes and crimes against humanity as defined in ,control ,council ,law ,no4 #aj1 enacted by ,allied ,control ,council on #bj ,december #aide4 ,the indictment contains three counts which may be briefly summarized as follows3 ,,count ,,one ,erhard ,milch is charged with having knowingly committed war crimes as principal and accessory in enterprises involving slave labor and having also willingly and knowingly participated in enterprises involving the use of prisoners of war in war operations contrary to international convention and the laws and customs of war4 ,,count ,,two ,the defendant is accused of having knowingly and willfully participated in enterprises involving fatal medical experiments upon subjects without their consent4 ,,count ,,three ,in the third count the defendant is charged with responsibility for slave labor and fatal medical experiments1 in the same manner as indicated in the first two counts1 except that here the alleged victims are declared to be ,german nationals and nationals of other countries4 ,the defendant has entered a general denial of ,not ,guilty to all counts4 ,to the charges of slave labor he has answered in effect-- #a4 ,that the term slave labor is a misnomer and that all foreign workmen in ,germany during the war were there of their own free will4 #b4 ,that if they did not come voluntarily they were treated humanely1 considerately1 and were not subjected to any ill-treatment either in transportation or while actively employed for the ,reich4 #c4 ,that if ill-treatment1 fatal or otherwise1 of foreign workmen occurred1 the defendant was in no way responsible for such ill-treatment4 ,to the charges of responsibility for fatal medical experiments inflicted on involuntary subjects1 the defendant replies substantially-- #a4 ,that the high-altitude and freezing experiments were not painful to the subjects1 nor did any illegal deaths result therefrom4 #b4 ,that if fatalities did occur1 they were suffered by those already condemned to death1 or were caused by persons over whom the defendant had no control4 #c4 ,that in any event1 ,milch was in no way officially connected with the illegal and fatal experiments4 ,i4 ,,slave ,,labor 7a7 ,methods of ,recruitment ,the defense has affirmatively asserted that there was no slave labor in ,germany during the war1 or that if it did exist1 its scope was negligible4 ,the ,tribunal finds that this assertion is not supported by the testimony in the case4 ,it concludes1 on the contrary1 from the evidence presented at this trial that the ,german ,reich during ,world ,war ,,ii did actively and plenarily employ slave labor4 ,it further is of the opinion that the ,third ,reich used and abused slave labor to an extent and in a manner hitherto unknown in either modern or ancient history4 ,the exploitation of human beings by ,germany during the years of the war must take its place1 in point of cruelty and inhumaneness1 with the most iniquitous slave practices of the ancient ,egyptians1 ,babylonians1 ,assyrians1 and ,persians4 ,the building of the ,pyramids1 the ,hanging ,gardens of ,babylon1 and other ancient landmarks under whip and lash have their modern counterpart in the ,german building of the ,western ,wall1 the ,gothic ,line1 military fortifications1 concentration camps1 and munitions factories4 ,the guilt of the ,german ,reich is greater than that of the ancient empires because in that area of antiquity the immorality of human bondage was not universally accepted1 whereas in #aici no country in the sisterhood of civilized nations had failed to condemn and outlaw involuntary servitude in its every form4 ,it is submitted in behalf of the defendant that foreign workers came to ,germany of their own will4 ,it is true that in the early stages of the ,european conflict1 ,germany offered such inducements in foreign countries as to persuade numbers of their subjects voluntarily to proceed to that country for remunerative employment4 ,in those first days of ,blitzkrieg when nation after nation fell helplessly under the invincible ,nazi war machine1 workers accepted employment in ,germany not only because of promises made1 but because exterior evidence to their bewildered minds seemed to portend that soon the frontiers of ,germany would be coterminous with the boundaries of ,europe itself4 ,thus1 but small choice remained to them2 whether they worked at home or in ,germany the master was destined to be the same4 ,however1 when the subjugated peoples perceived at ,stalingrad that the unbeatable ,german army could be beaten1 when they heard the roar of ,american propellers in the sky and the clank of ,british tanks returned once more to the battle1 a light of hope gleamed that it might not be true1 as ,hitler had said1 that his rule and order were to endure a thousand years1 and then these people refused the coin and currency of the ,german ,reich4 ,from then on the feet of foreign workers were not turned willingly toward ,germany4 ,and in the face of this defiance1 ,sauckel1 ,german ,plenipotentiary for ,labor1 declared1 8,should we not succeed in obtaining the necessary amount of labor on a voluntary basis1 we must immediately institute conscription or forced labor40 7,t-#eh47afj ,there is no adding machine tape to which one can turn to determine the exact total number of foreign workers impressed into ,german industry1 but ,fritz ,sauckel1 ,plenipotentiary ,general for ,labor1 declared1 8,out of #e1jjj1jjj workers who arrived in ,germany1 not even #bjj1jjj came voluntarily40 7,t-#adi47 ,heinrich ,himmler placed the number of foreign workers at from #f1jjj1jjj to #g1jjj1jjj4 7,,imt #bdc7afa4 ,on #i ,november #aida1 ,hitler declared in a speech-- 8,the territory which now works for us contains more than #bej1jjj1jjj men1 but the territory which works indirectly for us includes now more than #cej1jjj1jjj4 ,in the measure in which it concerns ,german territory1 the domain which we have taken under our administration1 it is not doubtful that we shall succeed in harnessing the very last man to this work40 ,hitler was never quite able to achieve the fullness of this ambitious program1 but it was not due to any relinquishment of efforts in that direction by himself or his criminal coadjutors4 ,of course1 this program was in direct violation of ,article #eb of the ,hague ,convention which declares-- 8,requisition in kind and services shall not be demanded from municipalities or inhabitants1 except for the needs of the army of occupation4 ,they shall be in proportion to the resources of the country1 and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country40 ,in the very initial stages of the ,german invasions1 the officiating agents phrased their demands for labor in language which gave the recruitment an aspect of voluntary action on the part of the workers4 ,thus1 when the ,german forces entered ,lithuania1 male and female farm workers were called upon by the military administration to sign up for six months' employment on large estates1 but after the signatures were obtained the promises were not kept4 7,t-#ig47 ,and it was not long until all pretense at voluntary recruitment was abandoned and then ,lithuanians1 ordered to official agencies 8only for registration01 were held there and taken away under military guards to the local barracks where they had neither the opportunity to bid their families good-by nor to put their most personal affairs in order4 7,t-#ig-ih47 ,there were other pacific methods to 8persuade0 foreign workers into employment for the ,reich4 ,thus1 ,governor ,general ,frank of ,poland recommended that one way to force ,polish workers into ,germany was to withhold their unemployment insurance4 7,t-#aab47 ,however1 these genteel methods in ,poland soon gave way to means more direct4 ,recruitment now degenerated into a fierce manhunt with unsuspecting victims being seized on the streets1 in railroad stations1 from their homes1 even in churches4 7,t-#hc47 8,everybody is exposed to the danger of being seized anywhere and at any time by members of the police1 suddenly and unexpectedly1 and being brought into an assembly camp4 ,none of his relatives knows what has happened to him2 only weeks or months later1 one or the other gives news of his fate by a postcard40 7,t-#hc47 ,in ,ukrainia skilled workers whose names had been furnished to the police by corrupted village elders were 8dragged from their beds at night to be locked up in cellars until shipped40 7,t-#fg47 ,as neither the male nor the female workers were given time to gather up their belongings they often arrived at the collecting center without shoes or other adequate clothing for the long and torturing journey ahead4 7,t-#fg47 ,a directive applying to recruitment in ,white ,ruthenia declared-- 8,all permissible means shall be used to obtain manpower from ,white ,ruthenia4 ,do not hesitate to apply extraordinary measures40 7,t-#ia47 ,in the same directive 8the recruiters0 are told1 8,everything you do for ,germany is right1 everything else is wrong40 7,t-#ic47 ,so wide-sweeping was this recruitment drive waged by the ,,ss and police in one area of ,white ,ruthenia that #aae1jjj hectares of farm land became useless because the whole population had been removed4 7,t-#ic47 ,goering bluntly declared in a speech at the ,reich ,ministry of ,air on #g ,november #aida1 in connection with the ,four ,year ,plan that ,poles1 ,dutchmen1 etc41 were to be taken1 8if necessary as prisoners of war and employ them as such1 if work through free contract cannot be obtained4 ,strong action40 99 99 99 8,foreigners not to be treated like ,german workers40 7,t-#ec47 ,one ,leyser in making a report to ,rosenberg on the situation in his district of ,zhitomir gives the answer to the assertion of voluntary labor when he says-- 8,it is certain that a recruitment of labor1 in the sense of the word1 can hardly be spoken of4 ,in most cases1 it is nowadays a matter of actual conscription by force4 ,the population has been stirred up to a large extent and views the transports to the ,reich as a measure which does in no way differ from the former exile to ,siberia during the ,czarist and ,bolshevist system40 7,t-#id47 ,a report on recruitment measures taken in ,holland reveals-- 8,all ,jewish ,netherlanders1 whom the ,germans could lay their hands on1 with the exception of a small group of exempted persons1 were brought together here2 hospitals1 old age homes1 institutions for the blind and other disabled persons were emptied in order to concentrate the inmates in ,westerbork for deportation4 ,even the inmates of lunatic asylums did not escape deportation40 7,t-#abe47 ,on the subject of workers from the ,netherlands1 ,goering said on #bh ,october #aidc1 in the presence of the defendant-- 8,after that has been done once1 one has to modify the system for the second blow4 ,then the ,dutch people will be no longer out in the streets on ,sunday for pleasure promenades 99 99 994 ,first1 all the people must be brought together in a pen4 ,then they will be asked individually who works where4 ,then the men will be selected accordingly40 7,t-#bjid47 ,and on the subject of foreign exchange at that same meeting1 ,goering contributed this bit of wisdom in finance-- 8,all we need to do is to fix the rate of exchange 99 99 99 today the ,german mark equals #bj francs1 tomorrow #bc1 then #bg1 then #dj1 and so forth1 up to one million1 or one billion4 ,we have had all that4 ,the same holds true for the guilder4 ,one cigarette now costs in ,holland #a4ej guilders2 formerly it cost #aj cents4 ,i merely have to say1 #a4ej guilders equal #aj pfennigs or one mark equals #ae guilders40 7,t-#bjie47 ,it may be well to note at once that all quotations from the transcript represent excerpts from records and documents located in the official files of the ,german ,reich4 ,the evidence advanced by the prosecution in this case was almost exclusively documentary4 ,thus1 if any observation in this opinion seems overly emphatic and appears to go beyond the restraint usually found in judicial pronouncements1 it will still fall short of the force of language employed in some of the original reports made by ,german officials to their own superiors at the time of the events described4 ,a top secret memorandum on conditions in occupied ,russian territory declared-- 8,it is no longer a secret from friend or foe that hundreds of thousands of them literally have died of hunger or cold in our camps 99 99 994 ,we now experience the grotesque picture of having to recruit millions of laborers from the occupied eastern territories1 after prisoners of war have died of hunger like flies1 in order to fill the gaps that are formed within ,germany4 ,now the food question no longer existed4 ,in the prevailing limitless abuse of the ,slavic humanity1 recruiting methods were used which probably had their origin only in the blackest periods of the slave trade40 7,t-#aba47 ,even ,rosenberg acknowledged the severity and harshness of the recruitment program and protested1 not1 to be sure1 on humanitarian grounds1 but because 8endangered persons prefer to escape their fate0 by going over to guerilla bands4 7,t-#gh47 ,the fury with which the manhunt for workers was prosecuted reached such extremes that in many instances villages were burned down as 8retribution for failure to comply with the demand for the appropriation of labor forces directed to the communities40 7,t-#hj47 ,and it was not only where large numbers were demanded that savage reprisals occurred4 ,in a little village where #be workers had been ordered but none reported1 the ,german militia set fire to the houses of those who had fled4 ,then-- 8,the people who had hurried to the scene were forbidden to extinguish the flames1 beaten and arrested1 so that seven homesteads burned down4 ,the policemen meanwhile ignited other houses4 ,the people fell on their knees and kissed their hands1 but the policemen beat them with rubber truncheons40 7,t-#hj-ha47 ,all because the mighty ,reich needed #be men to throw into its vast workshop of millions turning out the steel teeth of war4 ,in the same instance the ,german militia continued into other villages and where they did not find the workers they seized the parents4 8,the workers who had not appeared until then were shot40 ,then1 in the report we are quoting from1 appears the damning phrase which shows more than anything else to what a low ebb the dignity of man had been reduced and degraded by the ,german ,reich4 8,they are now catching humans like the dog catchers used to catch dogs40 7,t-#ha47 ,the report closes on a statement which must needs bring a blush of shame to the cheek of every member of the civilized human race-- 8,people from many villages went on a certain day to a pilgrimage to the monastery ,potschaew4 ,they were all arrested1 locked in1 and will be sent to work4 ,among them there are lame1 blind1 and aged people40 7,t-#ha47 ,it has been asserted that the defendant and others holding high office cannot and should not be held responsible for the acts of subordinate officers in far away places1 and of whose activities they could have no knowledge4 ,but these smaller officers were only putting into effect the policies publicly declared over and over by the chieftains4 ,thus1 when a certain ,koch spoke in ,kiev and declared-- 8,i will draw the very last out of this country4 ,i did not come to spread bliss4 ,i have come to help the ,fuehrer4 ,the population must work1 work1 and work again 99 99 99 for some people are getting excited that the population may not get enough to eat4 ,the population cannot demand that4 ,one has only to remember what our heroes were deprived of in ,stalingrad 99 99 994 ,we definitely did not come here to give out manna2 we have come here to create the basis for ,victory40 7,t-#hf47 ,he was only repeating what had been said by ,hitler1 ,himmler1 ,goering1 and ,milch1 in varying forms4 ,the defendant claims that he did not literally mean the blood and thunder declarations admittedly authored by him1 and that phase of the case will be discussed in detail later4 ,but underlings who heard these wild1 inflammatory utterances did not know that ,milch was only barking1 if in fact we are to assume that his ferocious words were only purposeless growlings4 ,the men in the field did not stop at words1 because they were in a position to act and did act--directly on the people4 ,koch was not voicing a concept original with him when he said in that same speech-- 8,we are a master race which must remember that the lowliest ,german worker is racially and biologically a thousand times more valuable than the population here40 7,t-#hf47 ,unfortunately1 however1 his utterances were not confined to rhetoric1 but being in a position to put them into flesh and blood effect1 he did so4 ,quotations from documents furnishing further proof of involuntary foreign labor in ,germany are too numerous to repeat in the judgment4 ,reference1 however1 will be made to but one more before proceeding to the next item for discussion4 ,in the recruitment of #a million workers demanded in the ,ukraine1 ,,ss ,major ,christensen1 in charge of operations1 declared that whatever harsh treatment was required should be controlled4 ,he thus orders that in arresting communist functionaries it is no longer necessary to arrest all the close relatives of a member of the communist party4 ,he decrees further that in searching for workers 8when it becomes necessary to burn down a village1 the whole population will be put at the disposal of the commissioner by force40 7,t-#abi47 ,this is regarded as a concession1 and then comes what must be classified as the most heart-rending utterance which has come out of this war-- 8,as a rule1 no more children will be shot40 ,not an out-and-out prohibition against shooting children2 not that more care should be exercised in the handling of children2 but only a general1 vague suggestion that this ,,ss battalion of murderers must not fire at children on sight just as one might mow down sparrows or rabbits4 ,however1 if the situation requires1 then of course1 children will be shot with everybody else1 for the order goes on to say1 8,slavs will interpret all soft treatment on our part as weakness40 8,the most important thing10 the directive concludes1 8is the recruitment of workers40 7,t-#abi-acj47 7b7 ,treatment of ,workers ,on #bj ,april #aidb1 ,fritz ,sauckel announced his labor mobilization program which contained the one supremely cruel proposition regarding treatment of foreign workers-- 8,all the men must be fed1 sheltered1 and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure40 7,t-#eh47 ,after the announcement of this inhuman decree of maximum work with minimum sustenance1 ,sauckel followed with-- 8,it has always been natural for us ,germans to refrain from cruelty and mean chicaneries towards the beaten enemy1 even if he has proved himself the most bestial and most implacable adversary1 and to treat him correctly and humanly1 even when we expect useful work of him40 7,t-#eh-ei47 ,it can be imagined with what kindness an underling of ,sauckel's would treat a worker whom ,sauckel has already characterized as a 8bestial and most implacable adversary04 ,as a result of the minimum sustenance directive it is not difficult to understand the report of a ,dr4 ,hupe who stated-- 8,during the last few days we have established that the food for the ,russians employed here is so miserable that the people are getting weaker from day to day4 ,investigations showed that single ,russians are not able to place a piece of metal for turning into position1 for instance1 because of lack of physical strength4 ,the same conditions exist at all places of work where ,russians are employed40 7,t-#ee47 ,wilhelm ,jager1 senior camp director at the ,krupp ,works1 reported that diet prescribed for eastern workers was #a1jjj calories less per day than the minimum prescribed for any ,germans4 ,further1 that while ,german heavy workers received #e1jjj calories a day1 eastern workers in comparable jobs received only #b1jjj calories4 ,such meat as was allowed the foreign workers was that which had been 8rejected by the veterinary1 such as horse meat or tuberculin infested04 7,t-#ajc47 ,the clothing allowed the eastern workers was likewise entirely inadequate4 ,they had no overcoats and1 because of the shortage of shoes1 many were forced to go to work barefoot even in winter4 ,in the work camps tuberculosis was widespread among the eastern workers1 caused by bad housing1 insufficient and poor food1 overwork and insufficient rest-- 8,these workers were likewise afflicted with spotted fever4 ,lice1 the carrier of this disease1 together with countless fleas1 bugs1 and other vermin tortured the inhabitants of these camps4 ,as a result of the filthy conditions of the camps nearly all eastern workers were afflicted with skin disease4 ,the shortage of food also caused many cases of ,hunher-,oedem1 ,nephritis1 and ,shighakruse40 7,t-#ajc47 ,these conditions became infinitely worse1 of course1 during the time of air raids-- 8,the ,french prisoner-of-war camp in ,nogerratstrasse had been destroyed in an air raid attack and its inhabitants were kept for nearly half a year in dog kennels1 urinals1 and in old baking houses4 ,the dog kennels were three feet high1 nine feet long1 and six feet wide4 ,five men slept in each of them4 ,the prisoners had to crawl into these kennels on all fours40 7,t-#aje47 ,a ,dr4 ,stinnesbeck reports on #ab ,june #aidd-- 8,the ,,pw camp at ,nogerratstrasse was in most deplorable condition4 ,the people live in ashcans1 doghouses1 old baking stoves1 and self-made huts40 7,t-#ajf47 ,visiting camp ,humboldtstrasse1 ,dr4 ,stinnesbeck found #fjj ,jewish women who worked at the ,krupp factory4 ,they suffered from festering wounds and other diseases4 ,they had no shoes and went about in their bare feet6 8,the sole clothing of each consisted of a sack with holes for their arms and head4 ,their hair was shorn4 ,the camp was surrounded by barbed wire and closely guarded by ,,ss guards40 7,t-#ajf47 ,concentration camp inmates were made to work1 to which there can be no objection on the grounds of inhumanity4 ,in fact1 some useful toil is preferable to idleness in prison4 ,but camp commanders were instructed that the 8employment must be1 in the true meaning of the word1 exhaustive1 in order to obtain the greatest measure of performance40 7,t-#fa47 8,there is no limit to working hours4 ,their duration depends on the kind of working establishments in the camps and the kind of work to be done4 ,they are fixed by the camp commanders alone40 7,t-#fb47 ,certain 8antisocial elements0 were by special order 8to be worked to death04 ,in the literal ,gestapo language 8death0 was never used rhetorically or figuratively4 ,those who were to be killed through work were listed as 8under protective arrest04 ,this included ,jews1 gypsies1 ,russians1 and ,ukrainians2 ,poles with more than three-year sentences2 ,czechs and ,germans with more than eight-year sentences4 7,t-#fc47 ,in these work camps frequently children of tender age were forced to toil4 8,an indication of the awful conditions this may lead to is given by the fact that in the camps for eastern workers1 camp for eastern workers #8,waldlust'1 ,post ,office ,lauf1 ,pegnitz1 there are cases of eight-year old1 delicate and undernourished children put to forced labor and perishing from such treatment40 7,t-#ii47 ,those who were imported for farm work fared no better than their factory brothers4 ,a directive issued by the ,ministry of ,finance and ,economy at ,baden on the control of ,polish farm workers in ,stuttgart and ,baden directed that farm workers were to be quartered in stables1 and the employer was urged that 8no remorse should restrict such action40 7,t-#dg47 8,fundamentally01 this extraordinary document proclaims1 8farm workers of ,polish nationality no longer have the right to complain1 and thus no complaints may be accepted any more by any official agency40 7,t-#df47 ,to deprive a human being of the right to complain is in effect to classify him lower than an animal because even a beast of burden is privileged to announce his objections to harsh and cruel treatment4 ,nor were the ,polish workers permitted the consolation and comfort in adversity which religion affords4 8,the visiting of churches1 regardless of faith1 is strictly prohibited40 ,the edict of the ,ministry of ,finance said further that this prohibition against attendance at churches even excluded the visiting of churches when no service was in progress4 ,the visiting of theatres1 motion picture shows1 or other cultural entertainment also was prohibited4 7,t-#df47 8,gathering of farm workers of ,polish nationality after work is prohibited1 whether it is on other farms1 in the stables1 or in the living quarters of the ,poles4 ,the use of railroads1 buses1 or other public conveyances by farm workers of ,polish nationality is prohibited40 7,t-#dg47 ,the difference between slave labor of this type and outright slavery is a margin faint and indistinguishable4 ,there was no limit to the hours of work1 and the employer was invested with the right1 bestially inherent in the proprietorship of slave owners1 to inflict corporal punishment on the worker 8if instruction and good words failed04 ,nor was there any one to determine whether good words had failed because the 8employer may not be held accountable in any such cases by an official agency40 7,t-#dg47 ,heinrich ,himmler took a very active part in the slave labor program4 ,concerning commitment of manpower from the ,east1 he laid down strict rules which1 if violated1 brought severe punishment4 ,he decreed that-- 8,in severe cases1 that is in such cases where the measures at the disposal of the leader of the guard do not suffice1 the state police office has to act with its means4 ,accordingly1 they will be treated1 as a rule1 only with strict measure1 that is with transfer to a concentration camp or with special treatment40 7,t-#ec47 ,we learn further on in the directive that the 8special treatment0 so casually referred to as if it were some slight deprivation of comfort or convenience means nothing less than hanging6 8,special treatment is hanging4 ,hanging should not take place in the immediate vicinity of the camp4 ,a certain number of the manpower from the original ,soviet ,russian territory should attend the special treatment2 at that time they are to be warned about the circumstances which led to this special treatment40 7,t-#ec47 ,if workers sought to escape1 search measures were to be decreed locally1 and when caught the fugitive must receive special treatment4 7,t-#ed47 ,heinrich ,himmler was one of the most relentless pursuers of slave labor1 as1 of course1 he was the most notorious executant of all that was inhuman1 indecent1 cruel1 and vulgar in the entire ,nazi program4 ,himmler does not defy description1 he invites it4 ,he stands out in the whole hideous camp of ,hitler barbarians as the most savage of them all4 ,a fiend in human shape1 a monster in the clothing of man2 there is no wild beast1 bound only by jungle code1 which1 in point of honor1 was not his superior2 there is no slimy1 maggoty larva1 wriggling in the stagnancy and stench of the foulest cesspool which could be regarded his inferior4 ,his creed was murder1 his religion massacre1 his belief kidnapping1 his faith treachery1 and his dogma oppression in every form4 ,only one thing mattered and that was ,german blood-- 8,what happens to a ,russian1 to a ,czech1 does not interest me in the slightest4 ,what the nation can offer in the way of good blood of our type1 we will take1 if necessary by kidnapping their children and raising them here with us4 ,whether nations live in prosperity or starve to death interests me only insofar as we need them as slaves for our ,kultur2 otherwise1 it is of no interest to me4 ,whether #aj1jjj ,russian females fall down from exhaustion while digging an antitank ditch interests me only insofar as the antitank ditch for ,germany is finished 99 99 994 ,when somebody comes to me and says1 #8,i cannot dig the antitank ditch with women and children1 it is inhuman1 for it would kill them1' then ,i have to say1 #8,you are a murderer of your own blood because if the antitank ditch is not dug1 ,german soldiers will die1 and they are sons of ,german mothers4 ,they are our own blood4' ,that is what ,i want to instill into this ,,ss and what ,i believe ,i have instilled into them as one of the most sacred laws of the future4 ,our concern1 our duty1 is our people and our blood4 ,it is for them that we must provide and plan1 work and fight1 nothing else4 ,we can be indifferent to everything else40 7,t-#ade47 ,when hundreds of thousands of ,russian prisoners of war died from exhaustion and hunger1 his regret was not that they died1 but that it was deplorable 8by reason of the loss of labor40 7,t-#add47 ,the defense in this case denied that foreign workers and prisoners of war were maltreated1 and produced some evidence to dispute the prosecution's contentions in this regard1 we quote from the affidavit of one ,albin ,schirmer1 a resident of ,nuernberg-- 8,from the year #aibi onwards1 ,i was employed by the ,hercules ,works1 ,ltd4 at ,nuernberg 7,nuernberger ,herkuleswerke ,g4m4b4,h471 and worked there in the capacity of foreman throughout the war4 ,the necessary workers were requested by the firm from the ,labor ,office4 ,the ,labor ,office allocated ,french prisoners of war1 free ,french1 and ,czech workers to the firm4 ,the free foreign workers1 who also cooperated in executing the commissions of the ,luftwaffe1 were treated in every respect in exactly the same way as the ,german workers4 ,some lived in furnished rooms4 ,some lived in a camp as it was cheaper there4 ,working hours1 wages1 ration cards1 and the supplementary ration cards for workers1 whose hours were long1 were the same as for any ,german4 ,equally1 freedom of movement during leisure hours1 permission to attend theaters1 churches1 and cinemas1 the protection of the ,labor ,front and of strength-through-joy1 permission to visit public houses and ,german families were available to free foreign workers as well as to ,german workers4 ,intercourse with ,german girls was also permitted to free foreign workers4 ,this1 however1 did not apply to prisoners of war4 ,the sanitary installations of the firm were good1 and were available for the use of foreign workers1 as well as of the ,german workers4 ,the prisoners of war had fixed times for taking showers whereas the free foreign workers had their showers at the same time as the ,germans4 ,the free ,french workers were allowed free postal communication with ,france1 and they also went there on leave4 ,i know of only two cases in which free ,french workers did not return from their leave in ,france4 ,many ,french prisoners of war volunteered as free workers1 in order to be eligible for the resultant advantages4 ,even the prisoners of war had beer sent to them every day4 ,during air raids1 the free foreign workers played their part with devotion1 a thing which they would certainly not have done if they had not considered that they were well-treated4 ,after the arrival of the ,american troops most of the ,french workers said good-by to me in a friendly fashion1 shaking hands with me1 and wishing me luck4 ,the female workers from the ,ukraine too liked it here according to their statements40 ,why should one doubt that in the vast ,german workshop which employed a score of millions1 here and there some foreign workers were not abused but in the long run fared well8 ,it would need to be someone wearing spectacles of pitch and groping in a ,cimmerian night of prejudice and pique to assert that the ,german people are incapable of hospitality and generosity4 ,the very fact that there were concentration camps in the land attests to the fact that not everybody accepted ,hitler's and ,himmler's crackpot master race ideology4 ,however1 even accepting ,albin ,schirmer's affidavit at face value1 it is but one little flower in a jungle of evidence establishing that only a very few foreign workers were so fortunate as to be showered with the care and comforts and allowed to revel and luxuriate in the liberties vouchsafed those who were so lucky as to be employed in the ,hercules ,works1 ,limited1 at ,nuernberg4 ,as against this idyllic picture of happiness in a powder plant or strength-through-joy in ,nuernberg1 there is recalled the image of the last witness at this trial4 ,he also was a ,german1 ,joseph ,krysiak1 and he too worked in a war factory4 ,in ,december #aidj1 he remarked in a conversation to some friends that if ,america entered the ,european conflict1 ,germany could not win4 ,the ubiquitous ,gestapo learned of his observation and he was committed to a concentration camp1 from which he went daily to work at the ,me ssersmitt #aji plant at ,gusen ,i4 ,his living conditions were a trifle less felicitous than those described by ,schirmer4 ,krysiak worked twelve hours a day1 he had coffee for breakfast1 watery soup for lunch1 and at night seven men shared a loaf of bread4 ,if he did not reach the quota of work assigned him for the day1 he was beaten4 ,later he was sent to another factory1 and of working conditions there he said-- 8,we were working at ,saint ,george1 ,gusen ,,ii1 for twelve hours4 ,also1 the transport to and from work and back to this camp occupied two to three hours as well1 so that these people altogether had only four to five hours sleep under the worst imaginable conditions4 ,four people had to sleep in one bed4 8,q4 ,did you work seven days a week8 8,a4 ,yes1 and the day and night shift1 and ,sundays1 too40 7,t-#bcff47 ,when asked what effect these conditions had on the health of the workers1 he replied-- 8,the most dreadful effect1 the majority died in ,mauthausen and ,gusen ,,ii4 ,it was a rule no one was released1 but transports which were filled were where detainees would die40 ,and as to his own particular condition1 he stated-- 8,all ,i can say now is that ,i suffer from ,,tb and ,i am medically being treated1 and this is what those five years did to me4 8,q4 ,what was your condition before going to the concentration camp8 8,a4 ,i was active in sports1 and ,i was a long distance runner4 ,i can say my lungs were not blemished at all40 ,the shattering of this man's health is perhaps only a small part of the disaster which has befallen him4 ,from the witness stand he gave the impression of one who had been spiritually crushed by his five years' ordeal4 ,his voice faltered1 his shoulders drooped1 his eyes looked out into distance4 ,he was alive1 but something within him had perished4 ,perhaps he reflected on the tragedy that this awful thing which had happened to him had been inflicted by his own countrymen1 not for opposing his country but for speaking a truth which1 if listened to1 could have averted not only his own ruin but the misery of millions of his brethren4 ,,ii4 ,,prisoners ,,of ,,war ,article #ca of the ,geneva ,convention provides-- 8,work done by prisoners of war shall have no direct connection with the operations of the war4 ,in particular it is forbidden to employ prisoners in the manufacture or transport of arms or munitions of any kind1 or on the transport of material destined for the combatant units40 ,the ,hague ,convention of #aijg1 ,article #f provides-- 8,the ,state may utilize the labor of prisoners of war according to their rank and aptitude1 officers excepted4 ,the tasks shall not be excessive and shall have no connection with the operations of the war40 7,t-#aee47 ,these prohibitions on the use of prisoners of war were flagrantly violated by the ,germans in ,world ,war ,,ii4 ,on #g ,november #aida1 ,hermann ,goering1 speaking at the meeting in the ,reich ,ministry of ,air1 already referred to1 declared that 8it would be ideal if entire factories could be manned by ,russian prisoners of war40 7,t-#eb47 ,then1 insofar as feeding these prisoners was concerned the notes of the speech report3 8,food is a matter of the ,four ,year ,plan4 ,supply their own food 7cats1 horses1 etc4740 7,t-#eb47 ,on #bj ,april #aidb1 ,fritz ,sauckel1 ,plenipotentiary ,general for ,labor ,mobilization1 proclaimed that-- 8,all prisoners of war1 from the territories of the ,west as well as of the ,east1 actually in ,germany1 must be completely incorporated into the ,german armament and nutrition industries40 7,t-#eh47 ,on #bf ,august #aida1 the ,reich ,labor ,ministry directed the presidents of the ,regional ,labor ,offices as follows3 8,upon personal order of the ,reich ,marshal1 #ajj1jjj men are to be taken from among the ,french prisoners of war not yet employed in armament industry1 and are to be assigned to the armament industry 7airplane industry74 ,gaps in manpower supply resulting therefrom will be filled by ,soviet prisoners of war4 ,the transfer of the above-named ,french prisoners of war can be utilized only in quite large concentrated groups under the well-known tougher employment conditions40 7,t-#di-ej47 ,in a discussion with ,sauckel1 the defendant1 and others on the subject of manpower available for the armament industry1 ,goering stated on #bh ,october #aidc1 that out of #b1bjj1jjj in armament production1 #ggj1jjj were prisoners of war4 7,t-#bjic47 ,on #ad ,april #aidc1 ,sauckel reported to ,hitler that 8#a1fbb1hbi prisoners of war are employed in the ,german economy40 7,t-#ij47 ,noting that the utilization of prisoners of war in the war program was a very profitable enterprise for the ,reich1 ,goering regretted that any had ever been released4 ,however1 it was a mistake easily rectified4 8,i should like to see that the prisoners of war who have been released1 ,norwegians and so forth1 be taken again4 ,insofar as officers are concerned1 this has been done to a certain extent4 ,it was the greatest nonsense ever committed by us and for which nobody thanks us4 ,we have made prisoners of entire armies and we let them go again4 ,we do not get anything from ,norway40 7,t-#bjif47 ,at a ,jaegerstab meeting on #ai ,june #aidd1 it developed that #cjj ,american prisoners of war were assigned to work at the ,dornier airplane factory at ,oberpfaffenhofen1 but with good ,yankee obstinacy1 knowing their rights1 they refused to work4 ,lange1 of the ,speer ,ministry1 complaining about this said-- 8,they simply sat down1 drank coffee1 and ate corned beef1 and could not be persuaded to work in spite of threats of shooting4 ,now1 the question has been asked if we should not start a shooting action40 7,t-#bajb47 ,and the only reason they were not shot is that the ,fuehrer feared reprisals4 ,,iii4 ,,participation ,,of ,,milch ,,in ,,the ,,slave ,,labor ,,program ,it was not contended by the prosecution at the trial that the defendant was aware1 nor would it have been physically possible for him to have had knowledge1 of all the excesses1 inhumanities1 and illegalities encompassed in the far-flung slave labor program which spread its cruelties into practically every part of ,europe4 ,however1 its very bigness and the great production power which it generated in every department of the ,german war plant negates the defendant's position that he was utterly ignorant of its existence4 ,this opinion has gone to some length in pointing out the numbers involved in the compulsory work program1 and the heinousness of some of its operations1 and has quoted from official decrees promulgated in its unfoldment1 not only for the purpose of demonstrating the basis for condemning the whole illegal enterprise1 but also for the purpose of laying the foundation for consideration of ,milch's responsibility in this phase of ,german war guilt4 ,on #bc ,may #aici1 ,hitler outlined his plans for war to his fourteen most trusted and important military chieftains4 ,milch attended that then secret1 and now notorious1 conference4 ,hitler there said1 8,the population of non-,german areas will perform no military service and will be available as source of labor40 7,t-#cg47 ,this statement is taken from the memorandum made by adjutant ,lieutenant ,colonel ,schmundt1 who was present and preserved a drastically condensed record of the speech for the ,reich files4 ,the accuracy of the ,schmundt record was attacked in the ,,imt trial and came under fire here4 ,the defendant goes so far as to conjecture that the ,schmundt statement was prepared months1 perhaps even a year1 after ,hitler's speech1 and was intended to demonstrate ,hitler's uncanny and possibly supernatural powers of prophecy by the undeniably sure method of writing up the prophecy subsequent to the happening of the event predicted4 ,the memorandum obviously is not definitely precise because it consists of only ten pages whereas the speech lasted four and one-half hours4 ,as the memorandum manifestly cannot be complete1 neither can human recollection 7unaided by notes7 be infallible4 ,milch1 who made no notes at all1 testified that labor was not mentioned in the speech1 but ,admiral ,schniewind1 also present1 and who testified in court1 stated that he did not exclude the possibility that labor was discussed4 7,t-#acbf47 ,in any event1 whether ,hitler did or did not mention labor in his utterances of that day is not so important as it is that ,milch was present when ,hitler made crystal clear his intentions to attack ,poland1 and1 if it became necessary or expedient1 to fight other countries as well1 with the inevitable subjugation of the conquered peoples4 ,slave labor was an inescapable concomitant of the type of total war ,hitler intended to wage1 and the character of which ,milch could not fail to appreciate4 ,as a field marshal in the ,german ,reich1 ,milch could not ignore the existence of ,sauckel's proclamation on #bj ,april #aidb that 8the raw materials as well as the fertility of the conquered territories and their human labor power are to be used completely and conscientiously to the profit of ,germany and her allies40 7,t-#eg47 ,but in the evaluation of ,milch's criminal responsibility for ,germany's use of slave labor something more is needed in a court of law than presumptions of his assumed general knowledge of what was taking place4 ,it must be established that he1 himself1 participated in the slave labor enterprises1 or knowing that such illegal practices were being committed1 he1 having the power to do so1 made no effort to curb or halt them4 ,the prosecution contends that the defendant1 as a member of the ,central ,planning ,board and of the ,jaegerstab1 and as ,generalluftzeugmeister 7,aircraft ,master ,general71 was thoroughly cognizant of ,sauckel's program and that he1 ,milch1 actively participated in slave labor practices4 7a7 ,central ,planning ,board ,the ,central ,planning ,board was made up of three members1 ,speer1 ,milch1 and ,koerner1 each having equal authority1 although1 as it developed1 ,speer and ,milch dominated the proceedings4 ,the function of the ,central ,planning ,board in the main was the distribution and allocation of raw materials necessary for the entire conduct of the ,german war economy1 the planning of intended construction or enlargement1 and the systematization of transportation industry independent of the shortage of raw materials4 ,during the war this ,board had #fj meetings and much time was given to consideration of the manpower problem confronting the various departments in the huge ,german war workshop4 ,sauckel often appeared before the ,central ,planning ,board to report on the foreign labor situation4 ,various other officials came before the ,board to express their needs in connection with foreign workers4 ,milch often presided at these meetings4 ,he was absent on several occasions but all quotations from the minutes of the ,central ,planning ,board meetings1 cited in this opinion1 are from meetings where he was present1 and he is therefore chargeable with knowledge of their contents4 ,wehrmacht representatives were often in attendance at the ,central ,planning ,board meetings1 and on #be ,july #aidd1 ,field ,marshal von ,kluge1 ,commander in ,chief ,west1 issued an order on labor recruitment-- 8,as the only limitation1 the ,fuehrer has ordered that no forcible means shall be employed against the population in the actual combat area as long as it shows itself prepared to assist the ,german ,armed ,forces4 ,however1 recruiting of volunteers from among refugees from the combat zone is to be carried out vigorously4 ,moreover1 every means is justified to seize as much labor as possible1 apart from the powers granted to the armed forces40 7,t-#bga47 ,it will be noted that the ,fuehrer orders that forcible means shall not be used if the population assists4 ,this is comparable to saying that the armed robber is thoroughly peaceful in his intentions because he will not shoot if the victim surrenders his valuables voluntarily4 ,the proof in this case that foreign workers were brought into ,germany against their will generally does not come from them1 but almost exclusively from their abductors4 ,at one of the meetings of the ,central ,planning ,board1 ,mr4 ,timm1 representing the ,plenipotentiary ,general for ,labor1 reports that they are encountering resistance to recruitment-- 8,in all countries we have to change over more or less to registering the men by age groups and to conscripting them in age groups4 ,they do appear for registering as such1 but as soon as transport is available1 they do not come back so that the dispatch of the men has become more or less a question for the police4 ,especially in ,poland the situation at the moment is extraordinarily serious4 ,it is well known that vehement battles occurred just because of these actions40 7,t-#aig-aih47 ,the word 8recruitment0 will be used in this opinion not in its literal sense of voluntary enlistment1 but in the broad sense of both voluntary and involuntary gathering up of workers4 ,it is the contention of the defense that ,milch had nothing to do with the actual recruitment4 ,it is1 of course1 true that he did not go into ,france1 ,italy1 ,hungary1 ,russia1 and other countries1 to physically rope the workers and drag them into ,germany1 but is the guilt any less if one sits back in his office and signs the order which casts the uncoiling rope for the far-reaching lasso8 ,goering1 in an interrogation conducted #f ,september #aidf1 stated that after the death of ,udet it was ,milch1 as ,chief of ,supply for the air forces1 who put forward the needs of the ,luftwaffe for workers4 ,the requests were forwarded to ,speer1 and ,speer would ask ,sauckel for the workers for the entire armament branch4 ,sauckel1 on #bd ,september #aidf1 made a very important declaration in an affidavit on the part ,milch played in the matter of obtaining workers-- 8,milch produced the figures for aviation4 ,the same was done by ,speer in his sphere of activity4 ,speer and ,milch1 however1 also exerted influence on the allocation of workers4 ,how far this came within their capacity as members of the ,central ,planning ,board ,i cannot say2 in any case they did this in their ministerial capacity40 7,t-#bha47 ,thus1 if ,milch knew how workers were actually being recruited1 how they were being transported1 and to what they were being transported1 he cannot claim exoneration in the assertion that he did not take them in hand personally4 ,and1 if this knowledge is established1 then he1 when he asked for workers1 was1 in effect1 consigning foreign workers to the suffering and torture of which he had cognizance4 ,behind each requisition for foreign labor there shone the inevitable backdrop of the lurid scenes of labor camps with their 8special treatment10 disease1 vermin1 starvation1 whipping1 illness1 and death4 ,on #h ,april #aidc1 ,milch wrote ,sauckel and ,goering1 announcing that in certain sections he had proclaimed an #hd-;hour week in the air force industry4 7,t-#aif47 ,the defendant has explained that this applied only to those engaged in guard work4 ,witness ,krysiak testified that he worked #hd hours a week4 ,at the #a ,march #aidd meeting of the ,central ,planning ,board1 ,sauckel particularly addressed himself to ,milch who was presiding1 and said-- 8,thereupon ,i even proceeded to employ and train a whole batch of ,french male and female agents who for good pay1 just as was done in olden times for #8shanghaiing'1 went hunting men and made them drunk by using liquor as well as words1 in order to dispatch them to ,germany40 7,t-#bbh47 ,as evidence that he was encountering difficulty in obtaining foreign workers1 ,sauckel pointed out that several dozen of his very able labor executive officers were shot4 7,t-#bbh47 ,in ,france he wrung from ,laval the concession 8that the death penalty be threatened for officials who tried to sabotage the labor supply40 ,and then he adds that 8if the ,frenchmen despite all their promises do not act1 then we ,germans must make an example of one case1 and by reason of this law1 if necessary put ,prefect or ,burgomaster against the wall40 7,t-#bcb47 ,it is a long speech which ,sauckel makes1 and then ,milch replies1 analyzing in his turn the foreign labor question4 ,he complains bitterly that more men have not been called up from ,france-- 8,four whole age groups have grown up in ,france2 men between #ah and #bc years of age1 who are therefore at that age when young people moved by patriotism or seduced by other people are ready to do anything which satisfies their personal hatred against us--and of course they hate us4 ,these men ought to have been called up in age groups and dispatched to ,germany2 for they present the greatest danger which threatens us in case of invasion40 7,t-#bcf47 8,if one had shown the mailed fist and a clear executive intention1 a churchyard peace would reign in the rear of the front at the moment the uproar starts4 ,this ,i have emphasized so frequently1 but still nothing is happening1 ,i am afraid40 7,t-#bcg47 ,when ,sauckel complains about the trouble he is having in getting workers from ,italy1 ,milch recommends-- 8,we could take under ,german administration the entire food supply for the ,italians and tell them1 only he gets any food who either works in a protected factory or goes to ,germany40 7,t-#bdj-bda47 ,when on another occasion one ,kehrl declared that it would be difficult to control the food situation in ,france because food was delivered by parcel post1 ,milch made the extraordinary pronouncement1 8,i personally as military commander would confiscate all goods sent by parcel post40 7,t-#bie47 ,the ,tribunal has not been shown any statement wherein the defendant advocated that foreign workers be induced to come to ,germany by offering them good wages1 good working conditions1 pensions1 security1 and the usual attractions held out to prospective employees4 ,when he speaks on the importation of foreign workers it is invariably in an aggressive and domineering manner4 ,at the #edth meeting of the ,central ,planning ,board1 held on #a ,march #aidd1 he explained that force had to be exercised because there was nothing to attract the workers to ,germany since they believed that ,germany would soon be defeated1 and furthermore they were attached to their families and their own countries4 ,a very cogent observation indeed4 ,speaking on the ,french situation1 he said-- 8,even if ,bichelonne and ,laval have the best intentions there will be resistance from the mayors1 the gendarmes1 and the prefects1 just because these people are afraid that firstly1 they will be called to account afterwards for this affair1 and secondly1 because of their national point of view1 which makes them say1 #8,we must not work for the enemy of our country4' ,therefore ,i would like to have an authority in our administration which would force these people to do it1 because then the ,french could say1 #8,if you force us1 we will do it1 but voluntarily we will not do it4' ,the same applies to ,italy40 7,t-#bib-bic47 ,once the transportation of workers got under way it was not always certain that they would all arrive4 ,aside from the unsanitary conditions under which they travelled1 frequently without food and in the wintertime without heat1 many in desperation escaped4 ,to offset these defections en route1 ,milch recommended-- 8,if a transport has left a town and has not arrived1 #ejj to #fjj persons from this place must be arrested and sent to ,germany as prisoners of war40 7,t-#bid47 ,the defense has asserted many times that the foreign workers were not all treated as badly as the prosecution's evidence might indicate4 ,it is unquestionably true that not all foreign workers were starved and tortured1 because if this were so they could not have worked at all1 and the ,german war machine would have ground to a stop long before the spring of #aide4 ,thus1 there is no reason to disbelieve the statement made at one of the ,central ,planning ,board meetings-- 8,the performance of the ,soviet ,russians so employed is to be raised by a premium system4 ,for this purpose1 the ban on pay restrictions is to be lifted and the manager be allowed to distribute among the workmen1 according to his duty and discretion1 ,,rm #a per head per day as premium for particular services rendered4 ,furthermore1 care will be taken1 that workmen can exchange these premiums1 which will be paid out in camp money for goods4 ,it is intended to put at their disposal various provisions--beer1 tobacco1 cigarettes and cigars1 small items for daily use1 etc40 7,t-#bai47 ,if the defendant has much to explain in this case it is principally because of declarations made by himself4 ,on #af ,february #aidd at a meeting of the ,central ,planning ,board1 he announced that the armament industry employed foreign workmen to the extent of #dj percent1 and that in maximum production the foreign workers prevailed to the extent of #ie percent and higher4 ,he said further that the ,germans' best new engine was made #hh percent by ,russian prisoners of war and the other #ab percent by ,german men and women4 8,only #f to #h ,german men are working on this machine4 ,the rest are ,ukrainian women who have beaten all the records of trained workers40 ,and yet1 despite this apparently creditable performance on the part of foreign workers1 he complains bitterly-- 8,the list of the shirkers should be entrusted to ,himmler's trustworthy hands who will make them work all right4 ,this is very important for educating people and has also a deterrent effect on such others who would likewise feel inclined to shirk40 7,t-#bbc47 ,when ,milch recommends entrusting anyone to ,himmler's 8trustworthy hands01 the world well knows how bloody and homicidal those hands were4 ,the charges of maltreatment of foreign workers leveled against ,milch could be taken almost literally from his own words-- 8,it is1 therefore1 not possible to exploit fully all the foreigners unless we compel them by piece work or we have the possibility of taking measures against foreigners who are not doing their bit4 ,but1 if the foreman lays hands on a prisoner of war or smacks him there is at once a terrible row1 the man is put into prison1 etc4 ,there are sufficient officials in ,germany who think it their most important duty to stand up for human rights instead of war production4 ,i am also for human rights4 ,but if a ,frenchman says1 #8,you fellows will all be hanged and the chief of the factory will be beheaded first1' and if then the chief says1 #8,i am going to hit him'1 then he is in a mess4 ,he is not protected4 ,i have told my engineers1 #8,i am going to punish you if you don't hit such a man2 the more you do in this respect the more ,i shall praise you4 ,i shall see to it that nothing happens to you4' ,this is not yet sufficiently known4 ,i cannot talk to all factory leaders4 ,i should like to see the man who stays my arm because ,i can settle accounts with everybody who stays my arm4 ,if the little factory leader does that he is put into a concentration camp and runs the risk of losing the prisoners of war4 ,in one case two ,russian officers took off with an airplane but crashed4 ,i ordered that these two men be hanged at once4 ,they were hanged or shot yesterday4 ,i left that to the ,,ss4 ,i expressed the wish to leave them hanged in the factory for the others to see40 7,t-#bbc-bbd47 ,on the stand ,milch denied that he had anything to do with the fate of the two ,russian prisoners of war mentioned above4 ,he further claimed that his reference to this episode was made at another meeting 7a ,,gl meeting71 and that possibly the two stenographers got their notes confused4 ,the defense also introduced affidavits to the effect that ,milch was in no way implicated in this happening and that if the two ,russians were executed1 the execution was performed by shooting and not by hanging4 ,it is probably true that ,milch did not order the hanging of these men1 but did author the remarks attributed to him because they are in keeping with his many other admitted and proved statements4 ,did ,milch know that prisoners of war were being used in violation of international convention1 and the laws and customs of war8 ,on #f ,march #aidd1 ,milch1 ,speer1 ,general ,bodenschatz1 and ,colonel von ,below conferred with ,hitler4 ,hitler was informed of the ,reich ,marshal's wishes for the further utilization of the production power of prisoners of war1 by giving the direction of the ,stalags to the ,,ss4 ,the ,fuehrer considered the proposal good1 and asked ,colonel von ,below to arrange matters accordingly4 7,r-#abd1 p4 #afh47 ,at the #db;d meeting of the ,central ,planning ,board1 held on #bc ,june #aidc1 the intensive discussion on labor needs seemed to settle on the use of ,russian prisoners of war as the solution to the problem4 ,it was recommended that the ,fuehrer be advised that #bjj1jjj ,russian prisoners of war1 fit for the heaviest work1 should be made available from the ,wehrmacht and ,waffen ,,ss through the intermediary of the ,chiefs of the ,army ,groups 7,t-#bah47 ,however1 ,milch's participation in the illegal use of prisoners of war is not confined to his knowledge that it was being done4 ,at the meeting on #cj ,october #aidb1 ,sauckel suggested that as soon as the army took prisoners in operational territories they should be immediately turned over to him as ,plenipotentiary for ,labor4 ,instead of objecting to this procedure as contrary to international law1 ,milch added-- 8,the correct thing to do would be to have all ,stalags transferred to you by order of the ,fuehrer4 ,the ,wehrmacht takes prisoners and as soon as it relinquishes them1 the first delivery goes to your organization4 ,then everything will be in order40 7,t-#agf47 ,nothing can be more precise and definitive in international law than that prisoners of war may not be compelled to fight against their own country4 ,but ,milch treats this matter rather lightly at one of the meetings of the ,central ,planning ,board-- 8,we have made a request for an order that a certain percentage of men in the antiaircraft artillery must be ,russians4 ,fifty thousand will be taken altogether2 #cj1jjj are already employed as gunners4 ,this is an amusing thing that ,russians must work the guns40 7,t-#aib47 ,on this statement the defendant has various explanations4 ,one1 that the ,german word which has been translated into 8amusing01 should really have been rendered 8mad04 ,thus1 it is a mad thing to make ,russian prisoners work guns against their own allies4 ,in support of this interpretation ,milch argues that since he needed these prisoners in his armament program1 he could not have approved their use as gunners4 ,he then also denies that they were in fact used as gunners1 and if they were1 he was not responsible for the deed4 ,but other witnesses called by the defense clearly established that the ,russian prisoners were stationed at the guns1 either for servicing the pieces1 hauling ammunition to them1 or actually firing them4 ,it is clear that the ,russian prisoners were utilized at the guns and that this type of use of prisoners of war represents an extreme violation of the laws and customs of war4 ,it has been argued by the defense that since ,russia had denounced adherence to the ,geneva ,convention1 ,germany was not compelled to treat ,russian prisoners with the limitations laid down in that convention4 ,german ,admiral ,canaris on #ae ,september #aida1 in a memorandum of counsel to the ,german ,high ,command1 declared that despite ,russia's attitude on the ,geneva ,convention her prisoners were yet entitled to immunities guaranteed under the rules and customs of war-- 8,the ,geneva ,convention for the treatment of prisoners of war is not binding in the relationship between ,germany and the ,u4,s4,s4,r4 ,therefore1 only the principles of general international law on the treatment of prisoners of war apply4 ,since the #ahth century these have gradually been established along the lines that war captivity is neither revenge nor punishment1 but solely protective custody1 the only purpose of which is to prevent the prisoners of war from further participation in the war4 ,this principle was developed in accordance with the view held by all armies that it is contrary to military tradition to kill or injure helpless people 99 99 994 ,the decrees for the treatment of ,soviet prisoners of war enclosed are based on a fundamentally different viewpoint40 7,,imt #bbb47 ,admiral ,canaris' position was entirely correct and in accordance with accepted international law4 ,in the episode of the ,russian gunners adverted to by ,milch1 he could not help but know the physical facts and could not escape being aware that such use of prisoners of war violated international law4 ,his responsibility here is unequivocal4 ,on #be ,march #aidd1 the defendant complained that prisoners of war were not being treated with sufficient severity-- 8,if a decent foreman would sock one of those unruly guys because the fellow won't work1 then the situation would soon change4 ,international law cannot be observed here4 ,i have asserted myself very strongly1 and with the help of ,saur ,i have represented the point of view very strongly that the prisoners1 with the exception of the ,english and the ,americans1 should be taken away from the military authorities4 ,the soldiers are not in a position1 as experience has shown1 to cope with these fellows who know all the answers4 ,i shall take very strict measures here and shall put such a prisoner of war before my court martial4 ,if he has committed sabotage or refused to work1 ,i will have him hanged1 right in his own factory4 ,i am convinced that that will not be without effect40 7,t-#bdi47 ,when a ,german field marshal1 speaking to men subordinate in rank1 declares that 8international law cannot be observed here01 it can only mean to those under his command that in the execution of their duties1 international law should go overboard and1 thus being unlimited in their treatment of prisoners of war1 the rights of the prisoners of war must sink also4 ,defense counsel insists that ,milch had1 as a matter of fact1 a mild and lenient disposition4 ,testimony was introduced to show that on several occasions when he sat on courts martial1 his judgments were tempered with mercy4 ,note will be taken of this occasional yielding of an apparently implacable and unyielding spirit1 but one must also remark the incongruity that one who1 in his references to foreign workers and prisoners of war1 had constant harshness on his lips1 could have possessed in his make-up no harshness at all4 ,in one of his speeches he complains because the workers collapsed1 and that they receive a furlough of three or four days every eight weeks4 ,this he calls 8dirty business of the first order1 and treason to the country60 7,t-#bdi47 ,then he adds-- 8,i further ask for support by the ,luftwaffe physicians4 ,with all the rabble that we have among the foreign workers1 there is of course a lot of shirking4 ,at the moment the ,russians--that is1 the ,russian prisoners of war--are feigning a lot of fatigue and illness4 ,the incidence of sickness of one and a half to two percent which we have had up to now has at least doubled and in some factories it has been increased to eight1 nine1 and ten percent4 ,that is1 of course1 done by previous agreement4 ,there the official physicians1 who have to be very strict1 find out that it is not true1 and then we return the fellows to work by means of the whip4 ,then the whip serves as a cure40 7,t-#bej47 ,recommending the employment of so merciless an instrument as a whip can hardly be regarded as evidence of a mild disposition4 ,then he says-- 8,let everyone consider that if he does not do his duty1 we do not ask whether there is a law2 we ask only whether he is the responsible one and then we will seize him no matter who he is 99 99 994 ,please go wherever you are going and knock everybody down who blocks your way6 ,we cover up everything here4 ,we do not ask whether he is allowed to or whether he is not allowed to4 ,for us1 there is nothing but this one task4 ,we are fanatics in this sphere4 ,we do not even consider letting anything at all distract us from that task4 ,no order exists which could prevent me from fulfilling this task40 7,t-#bea47 ,then comes the outburst which is an out and out defiance of all law-- 8,gentlemen1 ,i know that not every subordinate can say1 #8,for me1 the law no longer exists1' but he has to have someone who covers up for him1 not out of cowardice4 ,but if you act according to the spirit of the old field service regulation1 #8,abstaining from doing something hurts us more than erring in the choice of the means1' and if1 moreover1 you keep in touch and immediately clarify difficult points1 so that something can be done1 then we are willing to accept the responsibility1 whether this is the law or not4 ,i see only two possibilities for me and for ,germany4 ,either we succeed and thereby save ,germany1 or we continue these slipshod methods and then get the fate that we deserve4 ,i prefer to fall while ,i am doing something that is against the rules but that is right and sensible1 and be called to account for it1 and if you like1 hanged1 rather than be hanged because ,papa ,stalin is here in ,berlin1 or the ,englishmen4 ,i have no desire for that4 ,i would rather die in a different way4 ,but ,i think we can accomplish this task1 too4 ,we are in the fifth year of war4 ,i repeat1 the decision will come during the next six weeks60 7,t-#bea-beb47 7b7 ,jaegerstab ,we now come to a consideration of the ,jaegerstab1 formed on #a ,march #aidd1 for the purpose of increasing production of fighter aircraft to meet the incessant and ever increasingly effective bomber attacks of the ,americans and ,british which had seriously damaged the entire airplane industry in ,germany4 ,every airplane factory with the accessory workshops had been hit at least three times4 ,the ,jaegerstab became essentially a concentration of experts drawn from various ministries4 ,its programs envisaged a decentralization of plane factories by transferring them in part to above-surface localities and in part to subterranean localities4 ,milch and ,speer were joint chiefs of the ,jaegerstab1 and ,karl ,adolph ,otto ,saur functioned as ,chief of ,staff4 ,,ss ,obergruppenfuehrer ,kammler had supervision of the construction program4 ,so far as this trial is concerned1 we are interested in the work of the ,jaegerstab only to the extent that it involves employment of foreign labor and prisoners of war4 ,did the ,jaegerstab employ labor prohibited under international law1 and if so1 can ,milch be held responsible for such illegal use8 ,in order to resolve this question we must review the documents submitted in evidence4 ,on #f-g ,april #aidd1 ,milch and ,saur reported to ,hitler on the achievements1 up to that time1 of the ,jaegerstab and discussed with him the plans for further construction on a second work project4 ,hitler declared that he desired this project be set up in the ,protectorate and1 at this point1 the minutes read1 8,if it should prove impossible there too to get hold of the necessary workers1 the ,fuehrer1 himself1 will contact the ,reichsfuehrer ,,ss and will give an order that the required #ajj1jjj men are to be made available by bringing in ,jews from ,hungary40 7,t-#cah47 ,here ,milch is put directly on notice that forced labor is being contemplated4 ,fritz ,schmelter1 director of the ,central ,department for ,employment and ,distribution of ,labor1 and because of that a member of the ,jaegerstab1 declared in an affidavit on #i ,december #aidf1 that ,kammler utilized concentration camp prisoners placed at his disposal by the ,,ss in order to carry out his share of the ,jaegerstab construction program4 ,also1 that ,xaver ,dorsch of the ,todt ,organization used foreign workers1 part of whom were ,hungarian ,jews1 to accomplish his part of the ,jaegerstab construction program4 ,then ,schmelter states1 8,milch1 as one of the two responsible chiefs of the ,jaegerstab1 personally directed1 ordered or approved decisions made in the interests of ,jaegerstab undertakings40 7,t-#cbb47 ,on #ac ,november #aidf1 ,saur1 ,chief of ,staff of the ,jaegerstab1 declared in an interrogation that in the decentralization program ,kammler divided #cj factories into #gjj individual workshops1 and that the workers used in the project were concentration camp prisoners4 7,t-#cbc47 ,speer1 in an interrogation made shortly after his capture1 declared that ,hungarian ,jews were used in the building program4 7,t-#cbe47 ,at one of the ,jaegerstab meetings1 presided over by ,milch1 ,stobbe-,dethleffsen1 in discussing the matter of labor needed for the ,jaegerstab program1 requests a few ,german key personnel to supervise the concentration camp inmates 8with the other subjugated people40 7,t-#cbh47 ,at a ,jaegerstab meeting on #f ,march #aidd1 a ,sturmbannfuehrer of the ,,ss declared he had #e1jjj prisoners in readiness for work1 but needed #gej guard personnel4 ,to this statement ,milch commented1 8,we must distribute our ,german people as key personnel4 ,that is1 out of three construction companies we can probably make ten complete ones by introducing #gj percent foreigners40 7,t-#cca47 ,at a meeting on #b ,may #aidd1 ,kammler1 in ,milch's presence declares he had #cj men hanged-- 8,as usual it is because the people have noticed that they are no longer treated severely enough4 ,i had #cj people hanged as a special measure4 ,since they were hanged1 everything has been to some extent in order again4 ,it is the same old story1 whenever people notice that they are not being treated so severely as before1 they take all sorts of liberties4 ,it is not surprising that a normal soldier1 standing guard on people who were previously always harmless1 does not suspect anything of the kind4 ,they are not1 however1 harmless people40 7,t-#ccc-cd47 ,the minutes of the meeting do not indicate that ,milch in any way protested ,kammler's deeds and utterance1 although at the trial he doubted that ,kammler had actually hanged #cj people as he had stated4 ,although ,milch was not present at the meeting on #be ,may #aidd of the ,jaegerstab1 he approved the minutes of that meeting which revealed a discussion among ,schmelter 7labor expert for ,jaegerstab71 ,schlempp 7deputy of ,jaegerstab7 and ,lange1 in charge of machinery for ,jaegerstab4 ,schmelter said-- 8,the ,hungarian ,jews are expected now1 and they will require some kind of key personnel4 ,altogether ,i need about #bej1jjj construction workers for the large bunkers and for ,schlett's installations40 7,t-#ccd47 ,to this ,lange remarked-- 8,you can get them all in ,hungary4 ,there are still ,jews running about ,budapest40 7,t-#ccd47 ,it is to be noted that ,lange uses phraseology that one would employ in speaking of dogs or other animals4 ,there are still dogs running around ,budapest4 ,there are still ,jews running about ,budapest4 ,at the meeting on #bf ,may #aidd1 ,schmelter reported that two transports of ,hungarian ,jews had arrived at the ,,ss in ,auschwitz1 but that they consisted primarily of children1 women1 and old men4 ,kammler then declared that he had conscripted his own men by taking #ej1jjj people into protective custody4 ,schlempp1 in outlining ,dorsch's needs for labor1 states-- 8,dorsch said yesterday that he wanted to bring #ajj1jjj ,jews from ,hungary1 #ejj1jjj ,italians1#afb #aj1jjj men from bomb damage repair1 also #a1jjj from ,waldbrohl2 then he wanted to get something from ,greiser's zone by negotiation1 then #d1jjj ,italian officers1 #aj1jjj men from south ,russia1 and #bj1jjj from north ,russia4 ,that would be #bbj1jjj altogether40 7,t-#cce-cf47 ,as early as #bj ,march #aidd1 we find ,chief of ,staff ,saur asking ,milch to inform ,sauckel that the group mobilization in ,hungary must be placed primarily at the disposal of the ,jaegerstab4 8,large1 heavy labor companies must be formed4 ,the people have to be treated like the prisoners4 ,otherwise it won't work40 7,t-#cdb47 ,in the face of all these uncontradicted documents and stenographic records of meetings1 it would be fatuous for anyone to say that ,milch was unaware that forced labor and prisoners of war were being used in the ,jaegerstab construction program4 ,however1 there is more than this passive evidence4 ,milch1 himself1 contributes the positive evidence of his full knowledge of and unrestrained participation in the ,jaegerstab slave labor activities4 ,on #be ,april #aidd1 he said-- 8,it will only work if we put these workers into barracks4 ,we cannot exactly treat them as prisoners4 ,it must appear otherwise1 but it must be so in practice4 99 99 99 ,i am personally convinced after talking to the ,fuehrer that he will agree as soon as it is made reasonable4 ,the people should not be able to mingle with the population and to conspire4 ,nor should they be allowed to run around free1 so that they can cross the frontier every day4 ,both practices must be stopped4 99 99 99 ,i am of the opinion that that must be done at once4 ,it's all the same to me if individual people do object4 ,protest does not interest me at all1 whether from the ,chief of ,prisoners of ,war ,affairs or from our side4 ,kleber1 would you be so good as to take care of this80 ,,kleber3 8,as far as prisoners of war are concerned ,i can take care of it1 but not where it concerns the air force4 ,that must be handled separately40 ,,milch3 8,naturally4 ,this must be handled by us4 ,there was1 in fact1 another proposal but we do not want it4 ,otherwise someone else will come complaining40 ,,kleber3 8,i should like to transfer the prisoners further off to ,brunswick40 ,,milch3 8,i think it is an excellent idea for the prisoners to go there if ,brunswick continues to be attacked40 7,t-#cef-eg47 ,article #i of the ,geneva ,convention of #aibi provides-- 8,no prisoner of war may be sent to an area where he would be exposed to the fire of the fighting zone40 ,at the #d ,may #aidd meeting1 ,saur reported that the ,jaegerstab itself1 independent of ,sauckel1 had organized an expedition for the procuring of workers in ,italy4 ,on #e ,may #aidd1 ,schmelter reported that the ,jaegerstab transport from ,italy had been delayed because of the lack of guards1 whereupon the defendant said-- 8,is there someone at the escort detachment headquarters in ,italy responsible for seeing that people do not get out and run away during the journey8 ,that is what the escorting personnel is there for4 ,someone of standing8 ,dr4 ,wendt is responsible for the whole undertaking4 ,i am of the opinion that1 if anyone jumps out1 he should be shot2 otherwise a thousand will get on and only twenty will arrive there4 ,the gendarmerie and all military posts must look out for those who abscond on the journey4 ,they will be arrested at once and will appear before a court martial40 7,t-#cdi-ej47 ,at a conference held on #bb ,february #aidd1 one ,rautenbach says-- 8,that refers to ,wernigerode4 ,in ,solingen we had the best results with ,frenchmen and the worst with ,italians1 meaning the ,italian workers and not the prisoners of war4 ,for that reason we do not employ any ,italians here in ,wernigerode4 ,they are only #ej to #fj percent efficient40 7,t-#bahj47 ,and the defendant then remarks-- 8,could not the following be done2 give the ,italians in principle only half of their food rations1 letting them earn the other half when they do their work well80 7,t-#baha47 ,it is obvious that1 as one of the chiefs of the ,jaegerstab1 the defendant actively1 willingly1 and knowingly countenanced1 ordered1 and participated in slave labor practices and the use of prisoners of war in activities prohibited by international law4 ,aside from his other statements1 the one made on #ac ,june #aidd1 where he advocates the exportation from ,france of machinery and men would1 in itself1 be enough to convict him of such participation4 8,we must write off these areas in ,france completely1 and above all the factories which are situated further into the country towards the south and west4 ,for when the invasion begins1 the guarding neither of a stretch of land1 nor of a line will be possible1 nor will anything function because of sabotage 99 99 994 ,no ,frenchman will work when the invasion begins4 ,i am of the opinion that the ,french should be brought over again by force1 as prisoners40 ,,saur3 8,i should prefer to do it sooner40 ,,lange3 8,we have machines there too1 in particular the presses40 ,,milch3 8,everything must come out2 machines and men40 7,t-#ceh47 ,the ,jaegerstab functioned from #a ,march #aidd to #a ,august #aidd and then it expanded into the ,ruestungsstab4 ,when the ,jaegerstab concluded its efforts a report was made to the ,fuehrer1 which declared that ,jaegerstab had1 in spite of air attacks1 doubled its aircraft production4 7,t-#cfj47 7c7 ,generalluftzeugmeister ,in his capacity as ,generalluftzeugmeister1 ,milch held periodical meetings and conferences in connection with the ,luftwaffe armament production4 ,labor1 its procurement1 disposition1 and treatment1 was inevitably a subject for frequent discussion1 and in these discussions ,milch portrayed himself an intransigent1 implacable taskmaster1 uninhibited neither by law nor custom1 and unrestrained by moderation or regard for the helpless vanquished4 ,at one of these meetings on #e ,may #aidb1 presided over by the defendant1 one ,fridag reported-- 8,the ,french become worse and worse4 ,i threw out #hj of them who will be sent to concentration camps in ,russia4 ,they refused to work4 ,the ,french say at #d o'clock3 #8,i won't work another hour'1 and you cannot make them work another hour4 ,this happened four weeks ago all of a sudden when the first bombing attack on ,paris took place1 while before that the ,french were the best people40 7,t-#bajf47 ,the fact that the bombardment of the beloved ,paris of these ,frenchmen would naturally emotionally disturb them was not weighed or considered by the defendant in spite of the fact that ,frydag had reported that prior to the bombardment they had been excellent workers4 ,implacable and unyielding as some story book pagan god1 the defendant turns to von ,gablenz1 ,chief of the ,planning ,office1 and declares-- 8,i demand if the people refuse to work they immediately be placed against the wall and shot before all the other workers40 7,t-#bajg47 ,further-- 8,i ask you to get in touch with the ,reich ,fuehrer ,,ss ,himmler and to ask him to discuss the matter with the ,fuehrer4 ,now is the right time2 unless we do something effective now1 the others will become bothersome4 ,i ask that their being sent to concentration camps be taken into consideration too4 ,i will tell you afterwards how you should act in such a matter40 7,t-#bajg47 ,later1 on #g ,july #aidb1 he indicated a willingness to try more peaceable methods1 but if they did not succeed1 then-- 8,i intend to fill the new ,heinkel ,plant in the ,east entirely with ,frenchmen brought down there by force4 ,if they don't work in ,france1 they may work as prisoners in ,poland4 ,after all1 we have to remember that it is we and not the ,french who have won the war40 7,t-#baaf47 ,on #bh ,july #aidb we find him again complaining about ,french production-- 8,at the present time we receive six to nine planes from the ,french4 ,i could well imagine that they would get out #de for themselves4 ,i shall close up the shop with a single stroke and have the workers and the machines come to ,germany4 ,if it does not work on a voluntary basis1 then we do it by compulsory contracts4 ,perhaps ,i shall first give them a week to think it over4 ,it is a fact that1 on the whole1 these people work in silent opposition4 ,one cannot blame them for it either1 it is true1 but they should not have started the war40 7,t-#baag47 ,in this outburst we discover two strange utterances4 ,one1 8compulsory contracts01 and the other the statement that the ,french started the war4 ,since the word 8contract0 means a willing agreement between two or more people1 a 8compulsory contract0 is1 of course1 meaningless because one cannot be forced into a contract4 ,if there is any compulsion1 then the operation becomes a matter of outright coercion4 ,with regard to the ,french starting the war1 the defendant had the grace to state during the trial that he now knows that ,france did not initiate hostilities1 although he believed to the contrary at the time4 ,the defendant has declared repeatedly that he had no connection with1 or even knowledge of1 concentration camps4 ,he only visited one of them 7,dachau7 in #aice4 ,at the end of the war he was aware of the existence of but two concentration camps1 although #bjj were flourishing in all their ghastliness at the time4 ,yet despite this blissful ignorance of concentration camps the phrase rippled easily from his tongue4 ,at the same meeting above-mentioned he stated that if two certain individuals1 ,schneider and ,bergen1 8make difficulties0 he would put them into a concentration camp for the duration of the war 7,t-#baah47 ,when one ,petersen1 on #cj ,november #aidb1 spoke of obtaining #ejj men from a concentration camp1 ,milch said1 8,for this purpose we should come to an agreement with ,himmler40 7,t-#badh47 ,on #bg ,april #aidc1 when one ,stahms indicated that concentration camp inmates are almost #c1jjj strong1 ,milch declares that against a withdrawal of #c1jjj foreign workers from the ,luftwaffe industry1 he attached importance to the assignment of these #c1jjj concentration camp inmates to the ,luftwaffe4 7,,nokw-#dac47 ,at the ,,gl meeting of #d ,august #aidb1 someone reported that the ,french might strike in the event of a ,british attack4 ,this provoked ,milch into the thunderous outburst-- 8,in such a case ,i would ask to be appointed military commander myself4 ,i would band the workers together and have fifty percent of them shot2 ,i would then publish this fact and compel the other fifty percent to work by beating if necessary4 ,if they don't work1 then they1 too1 will be shot4 ,i would get the necessary replacement somehow4 ,but ,i hope the military commander will do his duty4 ,i'm not worried about it4 ,the word #8strike' must never be used4 ,for us there is only #8living or dying' but not #8striking'4 ,that goes for the educated man as well as for the worker1 for the ,german as well as for the foreigner4 ,the word #8strike' means death for the man who uses it40 7,t-#baba-babb47 ,on this quotation in court the following colloquy occurred between a member of the ,tribunal and the witness ,milch3 ,,judge ,,musmanno3 ,curiosity consumes me as to what would happen if an officer inferior in rank to yourself took you at your word and actually executed a number of these workers or prisoners of war4 ,would that officer then be punished8 ,,the ,,witness3 ,no one was there who would have been in a position to do so4 ,apart from that1 all those who were under my orders knew me and my way of handling things4 ,they knew exactly that ,i didn't mean it the way ,i said it1 and apart from that they always laughed about my remarks when ,i used such strong words4 ,,judge ,,musmanno3 ,in other words1 the comment of a field marshal in a matter of this seriousness was really of no value8 ,,the ,,witness3 ,because the people knew that ,i got excited very easily about certain things1 and these incidents here have been selected and submitted of course4 ,from every one of these meetings1 which took place twice a month1 there was a report--about this thick--and perhaps1 at some time or another1 sometimes once1 sometimes twice1 due to the many reports which ,i received1 there was a certain outburst1 and then ,i would lose my temper as we soldiers used to4 ,however1 ,i didn't intend to do anything about it and ,i spoke to those under my orders once in a while4 ,they pointed out to me that ,i used such strong words1 and they knew exactly that this was not meant seriously4 ,they knew exactly that no such order had been given and that ,i myself would never cause anybody to be punished1 not even when it would have been justified1 for the very simple reason that ,i did not have the power to give punishments4 7,t-#babd-babe47 ,then ,judge ,phillips inquired-- ,,judge ,,phillips3 ,well1 now1 whether you meant it or not1 you would say these things1 and by so doing you counselled and advised others under you at a meeting which you presided over to do such things4 ,whether you meant it or not1 you did that1 didn't you8 ,,the ,,witness3 ,no4 ,i never gave the order by using these words1 because my people spoke with me1 and after all they knew from my words that ,i never meant it earnestly4 ,,judge ,,phillips3 ,didn't you say1 #8,i would band the workers together and have fifty percent of them shot8 ,i would then publish this fact and compel the other fifty percent to work by beating if necessary4' ,did you say that or not8 ,,the ,,witness3 ,i do not remember to have said that4 ,however1 three days ago ,i believe ,i said that ,i never knew afterwards when ,i had such outbursts of rage because ,i had that rush of blood to my skull due to that injury ,i had1 and ,i couldn't remember what ,i said at that particular moment4 ,i just burst out in rage4 7,t-#babe-babf47 ,the defendant has constantly denied that he was a moving factor in the foreign workers program4 ,but at the ,,gl meeting on #ah ,august #aidb1 we find him asking for a complete report on the labor question1 how it has developed1 what nationalities are involved1 how great is the fluctuation-- 8,what real requests we now have to make in the different sectors in order to cover the needs for specialists and for skilled and unskilled labor1 how many of them are foreigners1 etc4 ,what happens to those who leave the industry8 ,are they compelled to work elsewhere8 ,are they1 as ,i proposed1 under control in the camps supervised by the ,,ss and considered as being in mild concentration camps or are these gentlemen allowed to remain outside and do as they please80 7,t-#babg47 ,when questioned as to the significance of 8mild0 concentration camps1 he explained that these were camps to which people were sent for a short time for 8education04 ,complaining about 8antisocial elements0 who 8moved from one factory to another10 ,milch rejected the suggestion that the armed forces should take care of these people in camps4 ,this could not be done because 8they have not been condemned and in no way violated the existing laws40 8,that is why ,himmler should get these people into his clutches because he can treat them outside the law40 7,t-#bacd47 ,at the ,,gl meeting on #ai ,october #aidc1 the defendant spoke on the subject of a possible foreign workers' uprising4 ,he said that he had discussed this eventuality with ,himmler1 and that he1 ,milch1 had already given orders to the ,chief ,,aw#afc and to the training stations to get military training in this field4 8,if for instance in the locality ,x1 an uprising is started1 then a sergeant with a few men1 or else a lieutenant with #cj men is to turn up in the plant1 and first of all shoot into the crowd with a machine gun4 ,what he should do after is to shoot down as many people as possible in cases of revolt4 ,i have given orders to that effect even if our foreign workers are involved4 ,but first of all he must succeed in getting them all laid out flat on the ground4 ,and then every tenth man is to be singled out and shot1 while the others are lined up and see it4 ,if our machines are being wrecked1 etc41 then such measures have to be applied4 ,i said to ,himmler3 #8,i'll go along with you in your efforts4'0 7,t-#baec47 ,milch denied at the trial that he had talked to ,himmler about this matter and endeavored to argue incorrectness in the minutes4 ,but the weakness of his attempted exculpation here lies in the fact that he could well have argued the necessity for drastic action in such an emergency1 without excesses of course4 ,in fact1 he had explained1 8,if our planes are destroyed in the workshops1 an energetic measure should be taken40 ,but in the desire to extricate himself completely from the situation1 he challenges the record1 he refutes the ,himmler conference1 and then adds the usual explanation that he was excited at the time4 ,at a ,,gl conference on #b ,march #aidc1 the defendant was commenting on the fact that foreign workers were becoming hostile4 8,on principle ,i have to be informed of every case of swinishness4 ,i do not understand at all why ,germany should put up with it when ,poles and ,frenchmen explain to the people--today1 indeed1 you are still sitting in this work2 but later we shall be the owners2 and if you treat us properly we shall see to it then that you are shot dead immediately and not tortured first4 ,in all these matters energetic interference must be made4 ,i am of the opinion that there should be only two types of punishment in such cases2 firstly1 concentration camps for foreigners1 and secondly1 capital punishment4 ,if a certain number of such hostile elements are removed and the others are informed1 they will then work better4 ,their love for us certainly won't become any greater2 but neither will their hate1 for it is already strong enough4 ,in this respect1 too1 energetic interference must be made and in no case must the works put up with it4 ,the best method is to give one blow with a sledge hammer to the person concerned2 and ,i shall treat with distinction every man who does something like that whenever he hears such stupid nonsense4 ,we are living in total war2 and the workers must be told that they don't have to put up with anything40 7,t-#bafi47 ,when the above was read to the defendant in court1 he stated that he did not recall the utterance and explained1 8that once again it is my well-known rage4 ,i simply let go40 ,however1 upon further cross-examination he seemed to recall what it was all about and said1 8,yes1 and ,i was enraged here through the report which had been submitted to me as to the fact that our people were being threatened with death4 ,that enraged me considerably2 and ,i blew up40 ,this is an interesting observation4 ,this man1 from whose lips death threats fell like acorns from an oak1 asks that all his fulminations be ignored4 ,although he sat on the victors' bench at the time1 yet because a worker who had been dragged from his home hundreds1 or perhaps thousands1 of miles away1 blurted from the depth of his misery1 that if he got the opportunity he would kill his captor1 the captor felt morally justified in recommending the use of a sledge hammer on the head of the defenseless captive4 ,the sledge hammer blow was to be delivered not for a deed committed1 but merely for the use of words4 ,to fortify this point1 defense introduced an affidavit which declared that the servant girl in the ,milch household repeated certain statements as to what her people 7she was a ,ukrainian7 would do in the event they became victorious4 ,on this subject they were so sensitive that even the gossip and chatter of a maid servant threw fear into their hearts1 but it is solemnly averred in court that the imprecations of a field marshal were always ignored4 ,at the same meeting above indicated the defendant said-- 8,but in the abstract1 ,i see no difficulties in the way of getting #ajj1jjj or #bjj1jjj ,french workers to ,germany1 nor do ,i see any difficulties in the way of keeping them in order4 ,if a case of sabotage occurs in one area1 every tenth man in the area will be shot4 ,then such acts of sabotage would cease of themselves4 ,the western peoples are very much afraid of death1 while it is quite different matter with the ,russians40 7,t-#bagb47 ,in explanation of this remark the defendant said that he did not recall making it4 8,that was still part of my madness40 ,on #d ,november #aidc1 ,milch conferred with ,goering at the ,junkers ,works at ,dessau4 ,discussing the ,italian workers1 the defendant said-- 8,we have to let certain plants go on working in ,italy1 such as ball bearings1 steel castings1 and others1 and we cannot take the people from there4 ,the same applies to the technical sphere4 ,the people there are working for us4 ,all depends on our policy toward the ,italians4 ,i have ordered that they can be beaten up if they do not work4 ,i have also given permission that ,italians caught sabotaging be sentenced to death4 ,if this measure is not desired by the higher authorities1 which seems to be the case1 we are powerless4 ,then the ,italians in the ,reich will not be of any use to us40 ,further1 8,we could count on millions all together1 if we let them starve if they do not work60 7,t-#baic-baid47 ,the defendant denies that he ever gave the order specifically mentioned here1 and since he was talking to ,goering1 he places himself in the position of having lied to his superior officer1 something of which1 considering his vehement professions of soldier's loyalty to military hierarchy1 it would never be expected he could be guilty4 ,on the subject of ,french prisoners of war1 the defendant said-- 8,don't forget that not even #a1jjj1jjj ,frenchmen are here as ,,pw's while we have #g to #h million soldiers4 ,therefore1 the ,french are still in a very favorable position4 ,but they must realize that they will be brought to ,germany all together if they don't work hard enough at home40 7,t-#baih47 ,as ,vichy was working hand in glove with ,berlin at the time1 the defendant contends that coercion was not involved since it was the ,french ,government who had issued the orders for this movement4 ,addressing himself on another occasion to the subject of ,french workers1 the defendant stated1 8,there is no good will in ,france1 and you can really not expect it from these fellows4 ,but we will force them to work by not feeding them40 ,goering then said1 8,i can do this here much better40 ,and ,milch replied1 8,that will get us nowhere4 ,we shall then have to shut down the plants in ,france40 7,,nokw-#bde47 ,at the ,,gl meeting of #bg ,may #aidb1 von ,gablenz reported1 8,yesterday1 the first#afd has exploded in ,france1 at the ,arado plant1 an explosive1 a float1 but no damage has been done40 ,milch commented1 8,what measures have been taken in consequence8 ,i want to have a report on what has been done--,how many people have been shot and how many hanged4 ,if that guy cannot be found today1 fifty men should be selected and if ,i were you ,i would hang three or four of them whether they are guilty or not4 ,it is the only way60 7,,nokw-#djg47 ,,iv4 ,,medical ,,experiments 7a7 ,high-,altitude ,tests ,on #ae ,may #aida1 ,dr4 ,rascher1 medical officer in the ,luftwaffe and member of the ,,ss stationed at ,munich1 wrote ,heinrich ,himmler asking that ,himmler furnish to him two or three professional criminals to be used as subjects in high-altitude experiments4 ,he stated that tests had been made with monkeys1 but since their reactions differed from those of human beings1 he preferred to work with live men1 it being understood that these individuals could1 of course1 die in the experiment4 ,himmler replied through his adjutant1 ,rudolf ,brandt1 that he would gladly make prisoners available for such high-altitude research1 and authorized that the experiments be carried out by ,dr4 ,rascher1 a ,dr4 ,kottenhoff1 and ,dr4 ,g4 ,a4 ,weltz1 who was ,chief of the ,institute for ,aviation ,medicine in ,munich4 ,in ,march #aidb1 with a low-pressure chamber furnished by the ,luftwaffe1 the experiments began at ,dachau4 ,the apparatus used for these tests was simply a wood and metal cabinet in which air pressure could be increased and decreased1 the purpose of the tests being to ascertain the subject's capacity and ability to take large amounts of pure oxygen1 and to observe his reaction to a gradual decrease of oxygen approaching infinity4 ,in this manner high-altitude atmospheric pressure would be simulated1 and from the results the experimenters were to be able to determine methods and means of maintaining and saving lives among aviators compelled to rise to extreme altitudes1 and at times because of war hazards obliged to parachute to the earth4 ,the subjects for these experiments were to be individuals already sentenced to death4 ,stated in strictly academic fashion1 one could without too much difficulty be persuaded that these experiments were not entirely irrational or inhuman4 ,the subjects were to die anyway1 and if in dying they could furnish scientific data not obtainable otherwise1 data which would save the lives of others1 the project would not seem as criminally homicidal as it might appear when stated bluntly that experimenters would kill experimentees4 ,whether the project was criminal and inhumane depends upon answers to the inevitable questions3 #a4 ,were the prisoners actually condemned to death previously8 #b4 ,if so1 for what reasons were they condemned to capital punishment8 #c4 ,were the experiments painful to the subjects8 #d4 ,what scientific benefits resulted from the experiments8 ,if any prisoner used in the experiments was condemned to death merely for opposing the ,nazi ,regime without actually having committed any physical crime1 it does not answer the criminal charge to say that the subject was already doomed to die1 because by using that argument the experimenter or his ,,ss superior could easily take any concentration camp inmate and1 by merely pointing a finger at him1 condemn him to death4 ,obviously in such a case the slayer could not1 after the death1 plead innocence on the grounds that the victim was to die anyway4 ,exculpation from the charge of criminal homicide can possibly be based only upon bona fide proof that the subject had committed murder or any other legally recognized capital offense2 and1 not even then1 unless the sentencing ,tribunal with authority granted by the ,state in the constitution of the ,court1 declared that the execution would be accomplished by means of a low-pressure chamber4 ,it has been asserted by the defense in this case that pardons were promised the subjects of these experiments in the event they survived4 ,but the whole record reveals but one such shadowy case4 ,it was also stated by one of the witnesses for the defense 7,general ,wolff of the ,,ss7 that the subjects of these experiments were men who1 because of their criminal records1 had been denied the honor of fighting for the ,fatherland1 but that by submitting to these experiments they would be allowed1 if they survived1 to join combat forces at the front4 ,general ,wolff furnished no names or specific instances in this connection1 nor does it appear that he1 at any time1 was in attendance upon the experiments at ,dachau4 ,dr4 ,romberg1 under indictment for these same and kindred offenses1 said on #a ,november #aidf1 that he personally witnessed the death of three of ,dr4 ,rascher's subjects1 and that he knows that other experimental subjects were killed while he was not present4 ,he estimated that the fatalities totaled between five and ten4 ,he was silent on the character of the victims4 ,rudolf ,brandt1 who is currently on trial in ,tribunal ,i1 declared in an affidavit dated #cj ,august #aidf1 that ,rascher wrote ,himmler asking for concentration camp subjects for his high-altitude experiments4 8,volunteers could not very well be expected1 as the experiments could be fatal under the circumstances40 7,t-#dge47 ,also 8many experiments ended with the death of the experimental subject40 7,t-#dgg47 ,brandt declared further that after ,rascher submitted a report on his first experiments1 ,himmler ordered him to continue the experiments and authorized the commutation to life imprisonment of those subjects1 previously condemned to death1 who survived the experiments4 ,however1 ,poles and ,russians were excluded from this declared clemency4 ,for ,himmler1 to be a ,russian or a ,pole or a ,jew was an offense that could be expiated only with death4 ,both ,romberg and ,brandt are interested witnesses since they are defendants in another trial on similar charges4 ,the testimony of one ,anton ,pacheleff1 however1 is not burdened with this possible defect as he is not answering to any charges4 ,an ,austrian patent lawyer1 he was an inmate of ,dachau1 and while his testimony must still be carefully scrutinized1 it does not need to be evaluated on the basis that the affiant has something to gain in exaggerating the nature1 extent1 and effect of the medical experiments4 ,he declared under oath that ,dr4 ,rascher chose the victims for his researches from the punishment company at ,dachau1 a group made up of political prisoners marked for extermination4 8,a few convicts were among the political prisoners1 having been placed there merely to depress the morale of the political prisoners1 and so a few convicts were killed along with the others40 7,t-#djh47 ,the most complete account of this entire operation was contributed by ,walter ,neff1 an ,austrian who had been committed to ,dachau because1 prior to the ,anschluss1 he had testified in an ,austrian court against certain ,nazi terrorists4 ,only by coincidence were the experiments enacted in a ward to which he had been assigned as an untrained nurse1 and thus he became an unofficial observer4 ,he testified that from #ahj to #bjj concentration camp inmates were subjected to the high-altitude experiments1 and of these1 #aj were volunteers4 ,of all these subjects only one man was ever released1 and that was an individual called ,zopota4 ,it was ,neff's conclusion that over a period of three months from #gj to #hj persons were killed in the high-altitude experiments4 ,he declared further that approximately #dj of the persons killed were persons not previously condemned to death4 ,one man1 according to ,neff1 was deliberately killed in the low-pressure chamber by ,dr4 ,rascher so that he could perform an autopsy on him after his death at the atmospheric pressure of #aj1jjj meters altitude4 ,during one autopsy it was discovered after the breast had been opened that the heart was still beating4 8,this experiment10 ,neff said1 8caused many cases of death because many more experiments were made in order to see how long the heart of a man could beat thus autopsied40 7,t-#dai47 ,in this connection1 reference must be made to one of the most cruel and fiendish decrees scratched by the claw of ,himmler on the horror-filled parchment of his diabolic ingenuity4 ,on #ac ,april #aidb he wrote ,dr4 ,rascher1 8these experiments should above all be evaluated for the purpose of seeing whether it is not possible1 through this long functioning of the heart1 to bring such people back to life4 ,should such an experiment of bringing back to life succeed1 then it is understood that the person condemned to death will be commuted to lifelong imprisonment in a concentration camp40 7#aiga-;,b-,,ps47 ,thus1 if the lifeless and mutilated body of one of these tortured victims of cold-blooded homicide should be made to function again1 its owner would receive from the benevolent ,heinrich ,himmler the assurance of the luxuries of a lifelong imprisonment in an ,,ss concentration camp6 ,but this is not the end of the hilarious game of these two death-head players1 as they toss human life back and forth4 ,on #bj ,october #aidb1 ,rascher queries ,himmler's adjutant on this subject4 ,he desires to know if1 amongst the mythical survivors of his lethal experiments1 there should be any ,poles or ,russians1 whether they were also to receive the boon of lifelong imprisonment in a concentration camp4 ,incidentally1 ,rascher adds1 the only ones he has experimented with have been ,poles and ,russians4 ,and the reply comes back from ,himmler's adjutant that ,dr4 ,rascher1 8please10 is to be informed that 8the decree of the ,reichsfuehrer ,,ss ,himmler concerning pardoning 7they called it pardoning67 of experimental subjects does not apply to ,poles and ,russians40 76667 ,the manner in which some of the victims were selected is material fit for an ,edgar ,allen ,poe story or a horror magazine4 ,one day after #af ,russian prisoners had been used as experiments1 two ,jews were scheduled to be killed4 ,curious as to the identity of the two scheduled for extermination1 ,neff watched the first victim being placed in the experimental chamber4 ,something in the man's features forcibly brought to his mind the image of the prison tailor4 ,hurrying to the tailor shop he learned that indeed it was the tailor1 and that he had not been condemned to death1 but that an ,,ss-man1 one ,endres1 had placed him among the list of those scheduled to be killed because this tailor had refused to make a civilian suit for ,endres6 ,neff further testified that at one time the chamber became damaged1 but after being repaired more deaths occurred1 and on the last day ,rascher killed five persons4 7,t-#dba47 ,on #af ,april #aidb1 ,rascher wrote ,himmler describing an experiment which he repeated four times 8with the same results40 8,when ,wagner1 the last ,,vp 7experimental subject7 had stopped breathing1 ,i let him come back to life by increasing pressure4 ,since the ,,vp was assigned for a terminal 7#8,terminal' meaning #8death-resulting' in this case7 experiment1 since a repeated experiment held no prospect for new results1 and since ,i had not been in possession of your letter at that time1 ,i subsequently started another experiment through which ,,vp ,wagner did not live4 ,also in this case the results obtained by electrocardiographic registration 7,herzstromabschreibung7 were extraordinary40 7,t-#dca-cb47 ,here ,rascher1 in a macabre demonstration worthy of his record1 repeated an experiment four times knowing what the result would be1 and then finally killed the subject because he had been marked for extermination anyway4 7b7 ,were the ,experiments ,painful to the ,subjects ,the defense contends that the experiments1 even though often fatal1 were not accompanied with actual pain to the subjects1 and therefore the experiments could not be characterized cruel or inhuman4 ,anton ,pacheleff often stood by the apparatus during the experiments and looked through the observation window of the chamber4 ,he testified-- 8,i have personally seen through the observation window of the chamber when a prisoner inside would stand a vacuum until his lungs ruptured4 ,some experiments gave men such pressure in their heads that they would go mad1 and pull out their hair in an effort to relieve the pressure4 ,they would tear their heads and face with their fingers and fingernails in an attempt to maim themselves in their madness4 ,they would beat the walls with their hands and head1 and scream in an effort to relieve pressure on their eardrums4 ,these cases of extreme vacuums generally ended in the death of the subject4 ,an extreme experiment was so certain to result in death that in many instances the chamber was used for routine execution purposes rather than an experiment40 7,t-#dji47 ,one report made up by ,doctors ,ruff1 ,romberg1 and ,rascher graphically described the reactions of the subject as he fell from a height of #dg1jjj feet4 ,some of the more unusual reactions are noted3 #dg1bjj ft4 ,lets the mask fall1 severe altitude sickness1 spasmodic 7klonische7 convulsions4 #de1ehj ft4 ,opisthotonus4 #dd1iej ft4 ,suspended in opisthotonus4 #dd1ibj ft4 ,arms stretched stiffly forward2 sits up like a dog1 legs spread stiffly apart4 #dc1caj ft4 ,agonal convulsive breathing4 #dj1jcj ft4 ,dyspnea1 hangs limp4 #bc1fbj ft4 ,uncoordinated movements with the extremities4 #ai1fij ft4 ,clonic convulsions1 groaning4 #ah1jhj ft4 ,yells aloud4 #i1ebj ft4 ,still yells1 convulses arms and legs1 head sinks forward4 #f1efj ft4 ,yells spasmodically1 grimaces1 bites his tongue1 does not respond to speech1 gives the impression of someone who is completely out of his mind4 #e minutes 7after reaching ground level7 ,reacts for the first time to vocal stimulation4 #aa minutes ,holds his head turned convulsively to the right2 tries repeatedly to answer the first question concerning his birth date4 #bh minutes ,sees nothing2 runs against open window sash upon which the sun is shining1 so that large lump is formed on his forehead2 says 8,excuse me1 please40 ,no expression of pain4 #cg minutes ,reacts to pain stimuli4 #ge minutes ,still disoriented in time2 retrogressive amnesia over three days4 #bd hours ,normal condition again attained2 has no recollection of the experiment itself4 7,t-#dee-ef47 7c7 ,results ,achieved ,on #aa ,may #aidb1 ,rascher made his first report to ,himmler on the high-altitude experiments-- 8,as practical result of the more than #bjj experiments conducted at ,dachau the following can be assumed4 ,flying in altitudes higher than #ab kilometers without pressure-cabin or pressure-suit is impossible even while breathing pure oxygen4 ,if the airplane pressure machine is damaged at altitudes of #ac kilometers and higher the crew will not be able to bail out of the damaged plane themselves since at that height the bends appear rather suddenly4 ,it must be requested that the crew should be removed automatically from the plane1 for instance1 by catapulting the seats by means of compressed air4 ,descending with opened parachute without oxygen would cause severe injuries due to the lack of oxygen besides causing severe freezing2 consciousness would not be regained until the ground was reached4 ,therefore1 the following is to be requested3 7#a7 ,a parachute with barometrically controlled opening4 7#b7 ,a portable oxygen apparatus for the jump4 ,for the following experiments ,jewish professional criminals who had committed #8,rassenschande' 7race pollution7 were used2 the question of the formation of embolism was investigated in ten cases4 ,some of the ,,vp's died during a continued high-altitude experiment2 for instance1 after one-half hour at a height of #ab kilometers4 99 99 99 ,to find out whether the severe psychical and physical effects1 as mentioned under ,no4 #c1 are due to the formation of embolism1 the following was done3 ,after relative recuperation from such a parachute descending test had taken place1 however before regaining of consciousness1 some ,,vp's were kept under water until they died4 99 99 99 ,one ,,vp was made to breathe pure oxygen for two and one-half hours before the experiment started4 ,after six minutes at a height of #bj kilometers he died and at dissection also showed ample air embolism as was the case in all other experiments40 7,t-#chd-che47 ,dr4 ,romberg declared in an interrogation conducted on #bi ,october #aidf1 that he and other doctors had conducted experiments on themselves reaching altitudes of #ag1jjj meters 7#ag kilometers74 ,beyond that1 he said1 death was probable4 ,this seems to contradict the report made by ,rascher1 above referred to1 in which he speaks of the impossibility of flight at #ab kilometers 7#ab1jjj meters74 ,but the whole fallacy of the experiments and their sheer futility are revealed in a letter which ,dr4 ,hippke1 ,chief of the ,medical ,section of the ,luftwaffe1 wrote to ,himmler under date of #h ,october #aidb-- 8,it is true that no conclusions as to the practice of parachuting can be drawn for the time being1 as a very important factor1 viz41 cold1 has so far not yet been taken into consideration2 it places an extraordinary excess burden on the entire body and its vital movements1 so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments40 7,t-#djd47 ,if it was impossible perfectly to simulate flying conditions in the low-pressure chamber--and this1 if they were scientists at all worthy of the name1 they should have known and must have known--then the tests were only the wildest kind of experimenting4 ,and if the experimenting was done with human lives1 as it was1 the recklessness and the wanton handling of these human lives1 resulting from #fj to #gj times in death1 can only be characterized by what it was1--murder4 7d7 ,freezing ,experiments ,on #bj ,may #aidb1 ,field ,marshal ,milch wrote ,general ,wolff recommending experiments 8in regard to perils at high seas40 7,t-#cic47 ,as ,german aviators from time to time were being forced to parachute into the ,north ,seas1 and consequently being subject to extreme cold for extended periods of time1 the purpose of the freezing experiments was to ascertain the most effective way of rewarming such aviators and thereby saving their lives4 7,t-#dhj47 ,the cold water experiments were performed between ,august and ,october #aidb2 the dry-cold experiments from ,february to ,april #aidc4 ,walter ,neff1 already identified1 described the experimental basin as being made of wood1 two meters long1 two meters high1 and #ej centimeters above the floor4 ,he stated that #bhj to #cjj prisoners were used in the tests1 many of them undergoing as high as three experiments1 and that out of the number indicated #hj to #ij died4 ,the selection of the subjects was left to the political department of the camp after ,rascher had made requests for a certain number4 ,the eventual victims were made up of political prisoners1 foreigners1 prisoners of war1 and inmates condemned to death4 ,according to ,neff1 none of the subjects were volunteers4 7,t-#dbc47 ,the experiment was conducted in the following manner4 ,the basin was filled with water and then ice was added until the temperature measured #c centigrade4 ,now the subject1 either naked or dressed in a flying suit1 was forced into the freezing liquid4 ,when two certain doctors1 ,holzloehner and ,finke1 were performing the experiment1 the subjects had narcotics administered to them1 but when ,rascher took over he refused narcotics because he maintained that 8you cannot find the exact condition of the blood1 and that you would exclude the willpower of the subject if he was under an anaesthetic40 ,when the subject was experimented on in a conscious state1 a much longer time elapsed before the so-called freezing narcosis set in4 7,t-#dbd47 ,neff1 describing the operation1 declared that the 8sinking down of the temperature until #cb centigrade was a terrible plight for the experimental subject40 ,at #cb the subject lost consciousness1 but these persons 8were frozen down to #be body temperature40 ,when ,rascher was handling the experiments 8a large number of the persons involved were kept in the water so long a time until they were dead40 7,t-#dbe47 ,many others died during the reviving or during the re-warming procedure4 ,the utterly heartless and fiendish manner in which some of the experiments were conducted can be gathered from the graphic description by ,neff of the episode of the two ,russians-- 8,it was the worst experiment which was ever carried out4 ,from the bunker two ,russian officers were carried out4 ,we were forbidden to speak to them4 ,they arrived in the afternoon at approximately #d o'clock4 ,rascher had them undressed and they had to go into the basin in a naked state4 ,hour after hour passed and when usually after a short time1 #fj minutes1 the freezing would have set in1 these two ,russians were still conscious even after two hours4 ,all of our appeals to ,rascher1 asking him to give them an injection was without purpose4 ,approximately in the third hour one ,russian said to the other3 #8,comrade1 tell that officer that he may shoot us4' ,then the other one replied1 #8,don't expect any mercy from this ,fascist dog4' ,and how can one imagine that we inmates also had to be witnesses of such a death and could do nothing against it1 then you can really estimate how terrible it is to be condemned to work in such an experimental station4 ,after these words1 which were translated to the ,germans by a young ,pole in a somewhat different form1 ,rascher went back into his office4 ,the young ,pole immediately tried to give them an anaesthetic with chloroform1 but ,rascher returned immediately4 ,he threatened us with a pistol1 and he said1 #8,don't dare interfere and approach these victims4' ,the experiment lasted at least five hours until death set in4 ,both corpses were sent to ,munich for autopsy in the ,schwabisches ,hospital there4 ,q4 ,witness1 how long did it normally take to kill a person in these freezing experiments8 ,a4 ,the length of the experiment varied according to the individual case4 ,it always varied according to whether the subject was clothed or unclothed4 ,if his physical construction was weak and if in addition to that he was naked1 death often set in already after #hj minutes4 ,but there were a number of cases where the experimental subject lived up to three hours and remained that way in the water until finally death set in40 7,t-#dbf47 ,on #bj ,september #aidb1 ,rascher made an intermediary report on these experiments-- 8,the experimental subjects 7,,vp's7 were placed in the water dressed in complete flying uniform1 winter or summer combination1 and with an aviator's helmet4 ,a life jacket made of rubber or kapok was to prevent submerging4 ,the experiments were carried out at water temperatures varying from #b4e to #ab centigrade4 ,in one experimental series1 the occiput1 the brain stem1 protruded above the water1 while in another series1 the brain stem and back of the head were submerged in water 99 99 994 ,fatalities occurred only when the brain stem and back of the head were also chilled4 ,autopsies of such fatal cases always revealed large amounts of free blood1 up to one-half liter1 in the cranial cavity4 ,the heart invariably showed extreme dilation of the right chamber4 ,as soon as the temperature in these experiments reached #bh the experimental subjects died invariably1 despite all attempts at resuscitation4 ,the above-discussed autopsy findings conclusively proved the importance of a warming protective device for the occiput when designing the planned protective clothing of foam type40 7,t-#cih-cii47 ,the sheer monstrousness of this type of experiment reveals itself in the last sentence of the report which states with the flourish of a great scientific discovery that if the back of the head1 the occiput is to be submerged in freezing water1 there should be a warm1 protective device to cover the occiput4 ,if one is to have his feet in icy water1 he should wear warm1 waterproof boots4 ,if he is to dip his head in the icy water1 then his head should also be protected6 ,this1 then1 is the weighty conclusion of so-called scientists sacrificing human lives for an observation that is obvious to a ten-year-old child4 8,during attempts to save severely chilled persons 7,unterkuehlte7 it was shown that rapid re-warming was in all cases preferable to slow re-warming1 because after removed from the cold water1 the body temperature continued to sink rapidly4 ,i think that for this reason1 we can dispense with the attempt to save intensely chilled subjects by means of animal heat4 ,rewarming by animal warmth1 animal bodies or women's bodies1 would be too slow4 ,as auxiliary measures for the prevention of intense chilling1 improvements in the clothing of aviators come alone into consideration4 ,the foam suit with suitable neck protector which is being prepared by the ,german ,institution for ,textile ,research 7,deutsches ,textilforschungsinstitut71 ,muenchen-,gladbach1 deserves first priority in this connection4 ,the experiments have shown that pharmaceutical measures are probably necessary if the flier is still alive at the time of rescue40 7,t-#cii-djj47 ,here other amazing1 fantastic discoveries were made4 #a4 ,that something should be done at once to re-warm a body that has been floating about in icy water4 #b4 ,that aviator suits be made up with suitable neck protectors4 #c4 ,and that if the flier is still alive when rescued1 medicine should be prescribed for him4 ,if dead1 no pharmaceutical measures are recommended6 ,in the year #aidb1 in the name of science1 in the name of progress1 men trained in medicine calmly and deliberately froze the blood in the arteries and veins of human beings to the point of death to proclaim warm clothing for low temperatures and re-warming and medicine for those who have succumbed to coldness4 ,dr4 ,becker-,freyseng1 who participated in some of the experiments1 declared that as a result of the freezing experiments conducted at ,dachau1 they gave orders to flight surgeons that the warm bath method was to be used in reviving aviators who had been chilled4 ,and thus another milestone was reached in science2 namely1 that warmth revived and comforted these who had been chilled4 7,t-#dgj47 ,on #bb ,september #aidb1 ,himmler acknowledged ,rascher's report1 but ,himmler who was carrion and obscenity incarnate1 ordered that further subjects be frozen1 and that re-warming and revival be attempted by the use of naked women4 ,for this purpose ,rascher obtained four gypsy women1 and the experiments began4 ,the subjects were1 in accordance with usual procedure1 forced into water in which ice cakes floated and were retained in the freezing compound until unconscious4 ,then each frozen victim was put to bed with two naked women1 and the three were covered with blankets4 ,in still other experiments the unconscious subject was placed in bed with only one woman4 ,from all this revolting and macabre performance1 the scientific deduction was reached that the re-warming process was better achieved by one woman than two because with one single partner 8personal inhibitions are removed and the woman nestles up to the chilled victim more intimately40 ,this was the great scientific revelation achieved from an obscene spectacle which could have seemed more like the superstitious drum-beating rites of barbarians on some forgotten savage1 jungle-infested isle1 than the work of educated doctors in the year #aidb4 ,nor was this type of experiment without its fatalities4 ,of one subject1 the report stated1 8,this person died with symptoms suggesting cerebral hemorrhage as was confirmed by the subsequent autopsy40 ,the ,nazi scientists1 after this experiment1 did however1 achieve greatness in stating that this type of re-warming was recommended only when women were available and other types of re-warming facilities were not available1 except in the 8case of small children who are best re-warmed by their mothers with the aid of hot-water bottles40 767 ,in a final report to ,himmler on the super-cooling experiments at ,dachau1 the ghastly experimenters1 after having killed scores of subjects1 came to the conclusion that they did not know whether rescued persons should be re-warmed quickly or slowly-- 8,it was not clear1 for example1 whether those who had been rescued should be warmed quickly or slowly4 ,according to the current instructions for treating frozen people1 a slow warming-up seemed to be indicated4 ,certain theoretical considerations could be adduced for a slow warming4 ,well-founded suggestions were missing for a promising medicinal therapy40 ,the uncertainty is blamed on the 8absence of well-founded suggestions concerning the cause of death by cold in human beings40 7,t-#dcc47 ,and now1 in order to clarify this question1 they decided to go back to animal experiments which would suggest that after all their experimenting and killing of human beings1 they are no closer to any scientific discovery than when they started4 7,t-#dcc47 ,however1 they still continued the experiments with human beings in another manner4 ,this was the dry-cold process1 an operation carried out during the period ,january-,march #aidc4 ,the modus operandi of this experiment was to place the subject outdoors at night in a nude state1 cover him with a linen sheet1 and then pour cold water over him hourly4 ,after several operations of this character1 ,rascher complained that it was a mistake to cover the subjects even with a linen sheet4 ,he must be utterly naked1 otherwise 8the air cannot get at the person40 ,and from then on the subjects suffered their torture without covering of any kind4 ,even if it could be assumed that the test could have the slightest modicum of value1 it is not understood why the subject had to be utterly naked4 ,as the purpose of the experiment1 it is presumed1 was to ascertain the reaction of a soldier's body to a frozen state1 there is no reason why the subject could not wear some clothes1 if only the merest undergarment1 because it is scarcely conceivable that a soldier or aviator would be without some clothing on his back4 ,on this subject1 ,neff testified-- 8,the next experiment was a mass experiment when the prisoners were also put outside naked at night4 ,the temperature of one of them was measured with a galvanometer1 the others with a thermometer4 ,rascher was present during approximately eighteen to twenty experiments of that type1 but ,i can not remember exactly how many deaths occurred and if deaths occurred in connection with these experiments4 ,i would like to say with certain reservations that approximately three deaths occurred during that period40 7,t-#dbi47 ,on the character of the subjects ,neff stated-- 8,of the experimental subjects subjected to air-cooling experiments1 none were people who were sentenced to death4 ,they were prisoners of various nationalities4 ,there were also ,german political prisoners and #8green' prisoners4 8,q4 ,and these prisoners had not volunteered1 had they8 8,a4 ,no40 7,t-#dbi47 ,v4 ,,discussion ,,and ,,conclusions 7a7 ,responsibility of ,milch as to ,count ,one of ,indictment ,article ,,ii of ,control ,council ,law ,no4 #aj1 promulgated by the ,allied ,control ,council1 representing the nations of the ,united ,states1 ,great ,britain1 ,france1 and ,russia1 proclaims the ill-treatment or deportation to slave labor of civilian populations of occupied territories1 or the ill-treatment of prisoners of war1 to be war crimes1 punishable by death1 imprisonment1 or other penalties4 ,it is sufficient for this ,tribunal to cite ,control ,council ,law ,no4 #aj as authority for its action in this case4 ,since1 however1 the ,control ,council came into being after the ending of the war1 and since the laws which it published necessarily also followed the termination of hostilities1 it has been argued by defense counsel that it does not comport with justice and reason that a defendant should be condemned for an act which1 prior to its commission1 was not accepted in international law as a crime4 ,from the day of surrender ,germany has been without a government of its own1 and as the ,allied powers are exercising quasi-sovereign jurisdiction in practically all phases of ,german relations1 both internal and external1 the very circumstances of ,germany's present political situation not only justifies but demands that the ,control ,council establish government in its three fundamental phases2 namely1 the judiciary1 the executive1 and the legislative4 ,otherwise chaos would fling ,germany into even a more precipitous abyss than the one into which she has fallen1 and the supreme and perhaps irreparable disaster1 arrested by ,allied intervention1 would be upon her4 ,yet it can be argued and it has been argued that despite the imperative need of an occupational force with its almost unlimited jurisdiction1 such an occupying force simply represents the authority of victor over vanquished4 ,in the discharge of its duties under the law which created it1 this ,tribunal is not called upon to answer the arguments just indicated1 but a respect for the opinion of mankind invites a listing of the reasons which establish the justice of the procedure here invoked and the reasons which must invest its judgment with the solemnity and solidity of accepted international law4 ,in the first place1 it is not ,control ,council ,law ,no4 #aj which makes abuse of civilian populations an international crime1 nor even the decision of the ,international ,military ,tribunal1 which in turn derived its power from the ,london ,charter which had as its antecedent the ,moscow ,declaration of #aidc4 ,international law is not a body of codes and statutes1 but the gradual expression1 case by case1 of the moral judgments of the civilized world1 and no international law textbook of the last century ever sanctioned the deportation of a civilian population for labor4 ,although under ,article #eb of the ,hague ,regulations1 the inhabitants of occupied countries may be used for the needs of the occupying army1 such civilians may be utilized only in proportion to the resources of the country1 and they may not under any circumstances be required to take part in military operations against their own country4 ,l4 ,oppenheim's ,treatise on ,international ,law 7,vol4 ,,ii1 ,sixth ,edition1 page #cde7 states flatly that there is no right to deport inhabitants to the country of the occupant for the purpose of compelling them to work there4 ,it is submitted1 however1 that though this is the law and so recognized1 total warfare1 as it raged in ,world ,war ,,ii1 suspended1 if it did not outrightly abrogate1 all these rules heretofore respected and esteemed as binding on civilized nations4 ,in this respect defense counsel argues that 8modern warfare1 having as its aim total annihilation of the armed production of the enemy1 brought with it to a great extent warfare against the civilian population10 and he cites total blockade as an illustration of his thesis4 ,it is true that total blockade affects the entire blockaded population1 as indeed air raids strike at the most helpless and harmless of the enemy's civilians4 ,the writer of this opinion was witness many times to the death and mutilation of inhabitants1 including women1 children1 and old men1 in ,luftwaffe air raids aimed at legitimate war targets4 ,german civilians also paid with their lives for living in their own country4 ,and thus1 it would seem in principle1 that if civilians may legitimately be killed through military action1 though noncombatant1 they may certainly be made to work4 ,but it does not follow that because military necessity unintentionally victimizes a civilian population1 political domination may strip them of their civil rights and subject them to intentional torture and possible death4 ,with all its horror modern war still 8is not a condition of anarchy and lawlessness between the belligerents1 but a contention in many respects regulated1 restricted1 and modified by law40 7,oppenheim1 ibid41 #dba47 ,though the adversaries descend into the pit of bloody combat1 there is always open to them the means of re-ascending to the level of nonhostile negotiations4 ,the matter of temporary truces for recovering the dead and succoring the wounded1 the making of arrangements through international relief organizations for the treatment of prisoners1 the granting of safe passage through the lines of persons mutually agreed upon by the parties1 all are instances which refute the logical development of defense counsel's argument that total warfare justifies the abandonment of every restriction and authorizes the combatants to use all manners and means to win the conflict4 ,and no one was in a better position to understand this than the defendant4 ,he had participated as a soldier in the ,first ,world ,war2 he had1 following the war1 entered distinguished private enterprise2 he had travelled extensively and was induced by none other than ,hitler himself to enter the ,air ,ministry long before the outbreak of ,world ,war ,,ii because of his talents and abilities4 ,it is idle for defense counsel to say that ,milch 8was never a good ,national ,socialist40 ,if joining a political party1 accepting its benefits and preferments1 rising to supreme heights in grade and distinction1 offering never-flagging loyalty to the ,fuehrer1 even in the face of a declared acknowledgment that the ,fuehrer was leading ,germany to disaster1 if this does not make one a full-fledged ,national ,socialist1 then nothing does4 ,milch did not simply passively ignore international law1 he actively expressed a knowledgeable contempt for it4 ,we have seen how he declared at one of the ,central ,planning ,board meetings that 8,international law cannot be observed here40 ,defense counsel made much of the point that the ,german people did not want war1 and the defendant himself described how when the first tanks moved through the streets of ,berlin1 the inhabitants of that city were silent and worried4 ,but it is not clear how this observation advances the innocence of the defendant4 ,if anything it adds to his moral guilt because the evidence reveals only too well that to the fullest extent of his energies he prosecuted a war which he states was against the will and interests of his people4 ,the indictment has not charged him with waging aggressive war1 but in view of his participation in the #bc ,may #aici conference when ,hitler outlined quite clearly his aggressive intentions1 and in view of his 7,milch's7 never tiring efforts in the war's various phases--at the front1 in the air1 in production1 in inspection--it cannot be said that to his trained mind the war had the aspects of a defensive and not an aggressive conflict4 ,although ,milch has here repudiated belief in the master race theory1 yet we know that he went through a formal procedure to establish the absence of ,jewish blood in his veins4 ,this procedure even took the embarrassing turn of statements concerning his parentage4 ,in doing this1 ,milch could not help but know that the ,jews were being persecuted by the political party to which he voluntarily belonged4 ,nor will the ,tribunal believe his declaration that he knew of only two concentration camps in all of occupied ,europe4 ,for the ,tribunal to acknowledge this statement would be to declare ,milch weak-minded if not non compos mentis4 ,milch1 was constantly threatening workers with the concentration camp4 ,these threats he attributes to excessive anger as he does all his outbursts1 to which we have already called attention4 ,milch would have the ,tribunal believe that his violent language was never intended to produce results4 ,he explained that his declaration that ,italian prisoners of war attempting to escape should be shot does not constitute cruelty because1 in the words of his counsel1 8all countries have prisoners shot who attempt to escape40 ,this contradicts another statement made in court wherein he lauded prisoners who sought to regain their freedom4 ,when confronted with inconsistencies of this character1 the defendant invariably sought refuge in the statement that he was never taken seriously in his threats to shoot1 hang1 or whip4 ,he informs us that he never used a whip1 that everybody knew he exaggerated1 that nobody took him seriously1 and that he did not have full control of himself4 ,but ,erhard ,milch was not the village idiot4 ,he carried a field marshal's baton1 and the lifting of that baton compelled obedience no matter how idiotic might be the demand4 ,further1 ,milch's imprecations were not simple interjections2 they frequently carried the appearance of orders already given or about to be issued4 ,he may never have actually penned a death warrant or called out the ,,sd with its murder squads1 but is it so certain that underlings beyond his cognizance did not carry into effect his sometimes very clear directions on punishments to be inflicted8 ,violent language is not as innocuous as ,milch would have the present world believe4 ,even if it should be true that his immediate circle laughed at his fulminations1 as was testified1 there is no assurance that others laughed4 ,a field marshal's fraternizations are necessarily limited4 ,there were not many who had the privilege to stand beside him1 as did ,general ,vorwald1 and philosophically muse2 8,now his neck is getting red again40 ,there were necessarily hundreds in the course of six years of war who1 attending his various meetings1 were not informed that his fire and brimstone were froth4 ,vorwald can laugh at a field marshal and a field marshal can laugh at a ,hitler1 but the comedy ceases there4 ,milch has ridiculed ,hitler's speeches and pointed out that certain portions of the ,fuehrer's orations were known as the 8,adam and ,eve0 section4 ,he indicated further that many of ,hitler's thunderings were mere bluff1 but who can say today that he was bluffing8 ,hitler's most potent force for evil was language4 ,with all that he has to answer for at the bar of history1 it can be doubted that there exists proof that he with his own hands killed any man or even the proverbial fly4 ,hitler's armory was language4 ,it was ,hitler's language which mesmerized the ,german nation4 ,every one has said so4 ,he had no other abilities4 ,he was no soldier4 ,all the generals were agreed on that4 ,he could not ride a horse1 he could not drive a car1 he could not build a fence4 ,he could hang paper and he could talk1 and the ,german people regarded that talk as substance4 ,and on the phosphorescent sea of his wildly undulating phrases they launched the ship of their well-being with the tragic result that fragments and splinters of that ship now piteously stare at one from every nook and corner of this once prosperous and happy land4 ,the greatest individual force of destruction in ,germany for nearly #bj years was ,mein ,kampf4 ,and yet ,mein ,kampf was simply language4 ,to the knowledge of the writer of this opinion1 ,mein ,kampf was never used as a missile or fired as a projectile1 but is there a ,german sincerely interested in the welfare of his country today who doubts that its words were bullets1 its phrases bombs1 and its pages poison which1 falling into the wells of the nation1 corroded the thinking of the innocent and goaded into action the ambitions of the wicked8 ,as the record shows1 ,milch incessantly threatened the wildest excesses1 he orally directed them1 and he reported to his chief on one occasion that he had put certain ones into effect4 ,in spite of his present disavowal1 there is nothing in the transcript to indicate that he repudiated his threats at the time of utterance4 ,the defense has repeatedly attacked the accuracy of the minutes of the ,central ,planning ,board1 the ,,gl1 and the ,jaegerstab4 ,all these documents were taken from the official files of the ,reich ,air ,ministry4 ,furthermore1 the defendant's constant efforts on the stand to modify the far-reaching implications of his speeches concede the general correctness of the remarks attributed to him4 ,thus1 making due allowance for stenographic errors1 the defendant stands out through the pages of these reports as a resolute1 persevering1 determined worker1 unyielding and loyal to his cause1 which was the cause of the ,fuehrer4 ,it can be believed that ,erhard ,milch was not seeking personal enrichment and a luxurious living1 which was so obviously the nefarious and principal goal of his chief1 the super-pilferer ,hermann ,goering4 ,milch was seeking victory for ,germany1 for which he held an understandable affection1 but his intelligence1 training1 and experience in the affairs of the world told him inescapably that ,germany was waging an aggressive and culpable war4 ,milch gave of his talents and energies to the winning of a war criminally begun and lawlessly prosecuted1 which1 had it ended in victory for the aggressors would have resulted in the heartless subjugation of countless millions of innocent and helpless people4 ,the defendant has recounted his worries and anguish and has explained that this mental torment provoked many of his unbridled utterances1 but what was the cause of this bitterness and mortification8 ,not that ,europe had become a slaughterhouse1 not that blood ran like water1 not that the four ,horsemen of the ,apocalypse were galloping over the continent hurling famine1 pestilence1 and death into every city1 village1 and hamlet4 ,milch's torment and soul-sickness were not that the human race and human dignity were being debased and degraded as they had never been before since man knew shame4 ,it was not for all this that ,milch's heart was breaking4 ,his consternation1 his panic was that ,germany was losing the war6 ,he said1 8,i had to walk into defeat with open eyes40 7,t-#aidh47 ,also1 8,i could see what was coming and ,i could not help my people40 ,and in his bitterness he increased the fury of his verbal lashes over the backs of the foreign workers1 he redoubled his efforts for more importations and screamed for more production4 ,he knew1 as far back as ,november #aida1 that the war was lost2 this knowledge was confirmed after ,stalingrad1 and every vestige of doubt as to the eventual result was shattered by the clouds of bombers over ,germany every day4 ,he knew that ,hitler was leading ,germany over the brink to ruin1 and yet he called for more and more production to make the disaster all the more noteworthy4 ,he was having difficulties with ,goering1 ,hitler did not want him any more1 and yet he stoked the fires of his wrath to an even higher degree of vengeance against the workers because they would not turn out more production for the war1 every continuing day of which brought only greater misery to his people4 ,the argument does not ring true4 ,milch may have believed ,germany might lose the war but he certainly made every effort to have it end victoriously4 ,this in itself is honorable for a soldier1 but he allowed himself to use means and methods which the code of a soldier does not authorize or countenance1 and therein he fell4 ,he has related several accidents which may have affected his health4 ,he cracked-up two or three times with his plane and he suffered an automobile mishap as well4 ,it is suggested1 although not vigorously pressed1 that all this may explain his towering wraths and lightning fury4 ,but the plea in this case is not 8,not ,guilty because of ,insanity40 ,nowhere is it advanced that the defendant is not now1 nor that at any time throughout the war was not1 in the fullest possession of his mental faculties4 ,if a temporary aberration is being suggested1 it is remarkable that these deviations from the norm occurred only when he was urging the maximum and severest employment of forced labor and menacing with the direst punishment those who did not fulfill to the extreme the commitments of this illegal enterprise4 ,if ,milch was at any time deprived of his reasoning faculties1 his temporary unbalance had method in it4 ,the ,tribunal finds ,erhard ,milch guilty on count one of the indictment4 7b7 ,count ,two ,in considering ,milch's responsibility under count two1 we will need to enumerate and weigh each reference to him in the testimony in this connection4 ,the high-altitude experiments began in ,march and lasted until ,june #aidb4 ,cold-water experiments were conducted during the period from the middle of ,august until ,october #aidb4 ,the dry-cold experiments lasted from ,february through ,april #aidc4 ,during this time ,milch was ,inspector ,general of the ,air ,forces1 ,state ,secretary in the ,air ,ministry1 and ,generalluftzeugmeister4 ,as ,inspector ,general he was in charge of the office which authorized research and medical experiments conducted in behalf of the ,air ,forces4 ,general ,hippke1 physician in charge of the ,luftwaffe ,medical ,department1 was directly subordinate to the defendant4 ,as ,generalluftzeugmeister1 ,milch was head of air ordnance4 ,milch had charge of the development of technical experiments for the ,luftwaffe4 ,all medical institutes and ,luftwaffe medical men were subordinate to the ,medical ,inspectorate ,chief1 ,dr4 ,hippke4 ,the ,,dvl#afe was subordinate to ,hippke's office in technical matters4 ,dr4 ,rascher conducted his experiments at ,dachau4 ,he was temporarily assigned to the ,,ss1 but retained his status as a ,luftwaffe physician1 rising from a second lieutenant to a captain in the ,luftwaffe4 ,during the period of the experimentations1 ,rascher was under the command of the ,luftwaffe4 ,on #bj ,may #aidb1 ,milch wrote a letter to ,general ,wolff1 stating that his medical inspector had reported to him that the high-altitude experiments conducted by the ,,ss and the ,luftwaffe had been finished1 and he did not recommend that they should be continued4 ,he did1 however1 authorize experiments 8of some other kind in regard to perils at high seas40 ,on #d ,june #aidb1 ,milch authorized ,hippke the continued use of the low-pressure chamber4 ,on #bj ,july #aidb1 ,rascher sent ,brandt a report on the high-altitude experiments and the accompanying letter stated that it is ,himmler's desire that the report should be sent to ,milch4 ,on #be ,august #aidb1 ,himmler sent ,milch a copy of the report and asked that he receive ,dr4 ,rascher and ,dr4 ,romberg for a lecture and a showing of the film made of the experiment4 ,on #ca ,august #aidb1 ,milch wrote ,himmler acknowledging the report and promising to receive the two gentlemen for the lecture and showing of the film4 ,on #bc ,august #aidb1 ,sievers wrote ,brandt discussing a revival of the high-altitude experiments and stating that a report was to have been made to ,milch1 but that the report was not made4 ,on #c ,october #aidb1 ,rascher wrote ,brandt that the report to ,milch1 planned for ,september1 could not be made because ,milch was not present4 ,on #bg ,november #aidb1 ,wolff wrote ,milch a long letter pointing out the need and the great value of the experiments with human beings1 stating that ,himmler 8has accepted the responsibility for supplying death-deserving1 asocial persons1 and criminals from the concentration camps for these experiments40 ,he asks ,milch to assign ,rascher to the ,,ss so that he can continue with the experiments directly under ,himmler's orders4 8,in any case1 these experiments must not be stopped4 ,we owe that to our men40 ,dr4 ,romberg stated in an affidavit that ,milch 8was familiar with these experiments40 ,neff testified that 8,milch's name was mentioned in connection with the high-altitude experiments40 ,sievers1 ,director of the ,research and ,teaching ,association1 stated that 8,milch must have known about the experiments of ,dr4 ,rascher40 ,dr4 ,ruff stated that to his knowledge ,milch was informed of these tests either by ,hippke or by the ,,ss4 ,dr4 ,becker-,freyseng said that ,dr4 ,kalk told him he had seen ,rascher in ,milch's office4 ,when the film was shown in ,milch's office on #aa ,september #aidb1 ,milch was not present4 ,wolfgang ,lutz testified that ,milch had negotiated directly with ,himmler regarding the execution of such experiments without consulting the ,medical ,inspectorate4 ,rudolf ,brandt stated that ,milch was fully informed about the low-pressure experiments4 ,as late as ,january #aidc1 ,milch had not replied to the letter sent him by ,wolff1 asking for the assignment of ,rascher to the ,,ss4 ,this1 in brief1 constitutes the case against ,erhard ,milch in connection with the medical experiments4 ,in order to find ,milch guilty on this count of the indictment1 it must be established that-- #a4 ,milch had knowledge of the experiments4 #b4 ,that1 having knowledge1 he knew they were criminal in scope and execution4 #c4 ,that he had this knowledge in time to act to prevent the experiments4 #d4 ,that he had the power to prevent them4 ,in pressing this count against the defendant1 the prosecution has the burden1 as it has the burden in every count1 to prove the guilt of the defendant beyond a reasonable doubt4 ,we begin our deliberations with the cardinal rule that the defendant is presumed to be innocent4 ,glancing at the evidence as a whole1 it is a facile matter to say that the defendant must have known of the experiments2 that1 with so much smoke1 there must be fire4 ,but in addition to smoke1 there must be light4 ,the proof against ,milch on this count is entirely circumstantial1 and before we can find him guilty we must conclude that every hypothesis resulting from the circumstances is consistent with guilt and inconsistent with innocence4 ,one can easily reach the hypothesis of guilt from the documents and testimony but that hypothesis in many of its phases is also consistent with innocence4 ,thus1 applying the rule of evidence just cited1 the test of guilt fails4 ,so far as chronology is concerned1 ,milch does not come into the picture of the experiments until #bj ,may #aidb with a letter in which he states that his medical inspector informed him that the high-altitude experiments had been completed4 ,obviously if they were completed there was nothing he could do to prevent them4 ,nor did the medical inspector or anyone else testify that ,milch was informed of the precise nature of the experiments4 ,further1 there is no evidence that ,milch ever received any reports at all on the freezing experiments4 ,no one ever suggested that ,milch attended the operations at ,dachau or that he ever gave an order that human beings were to be used to the point of death4 ,if we can imagine the pieces of evidence on this count as irregularly shaped blocks of wood floating on water1 we find these blocks occasionally coming together and dovetailing into a pattern of guilt1 but then we find them separating and just as often forming the pattern of innocence4 ,no man should be convicted on evidence that does not remain fixed and immovable in granitic solidity4 ,guilt cannot be founded on a set of facts from which arguments are equally convincing as to guilt and as to innocence4 ,remarks such as 8the defendant must have known10 or 8to the best of my knowledge he knew10 and other similar inconclusive conjectures frequently used in this part of the case are not the kind of links which are imperatively needed to make up a chain strong enough to sustain the weight of a conviction4 ,the defendant is found not guilty on the second count of the indictment4 ,though ,milch is acquitted of complicity and participation in the medical experiments1 we have nonetheless commented on those experiments at length4 ,we have done this because otherwise the reference to ,milch's acquittal standing alone might convey impression that the experiments themselves were not criminal4 ,the ,tribunal holds that the corpus delicti was established and a crime was committed1 even though ,milch is not guilty of it4 7c7 ,count ,three ,the third count of the indictment charges the defendant with crimes against humanity 7slave labor and fatal medical experiments7 committed on ,german nationals and nationals of other countries4 ,as we have found him not guilty on count two1 we necessarily also find him not guilty of the crime of fatal medical experiments in count three4 ,we have1 however1 adjudicated him guilty on count one1 and since the evidence establishes that nationals of other countries were also victims of slave labor under his control1 we thus find ,erhard ,milch guilty on that part of the third count which covers the nationals of other countries4 ,sufficient proof was not submitted as to slave labor offenses against ,german nationals to justify an adjudication of guilt on that ground4 ,thus1 in recapitulation1 we find the defendant guilty on count one1 not guilty on count two1 not guilty on count three insofar as it appertains to ,german nationals and guilty wherein it refers to 8nationals of other countries40 ,in reaching these conclusions1 we inescapably ascertain that ,erhard ,milch was a full-fledged member of the ,national ,socialist ,party of ,germany4 ,further1 that he adhered to the doctrines of this ,party which1 with the almost cataclysmic force of planetary violence1 achieved more destruction than has been known since man stood upright on the shores of history4 ,the conclusion is also unavoidable that it was individuals like ,milch that made the ,hitler plan of war and subjugation possible4 ,hitler was but one man and it was only because he had brilliant and able coadjutors that he could develop a war machine which achieved the incredible and fantastic record of smashing ,poland in #ah days1 striking ,france to her knees in #b months1 driving ,england from the continent in #f weeks1 overrunning ,holland and ,belgium in a few days1 vanquishing ,norway in several weeks1 and ,denmark overnight4 ,in those days of spectacular triumph1 ,milch had no complaint against ,hitler4 ,but it was precisely then that ,hitler was working his greatest harm to ,germany because it was inevitable that the people he had temporarily crushed would rise again and not rest until the evil power responsible for their suffering was destroyed4 ,if ,milch had entertained the loyalty to his people which he now professes1 then was the time to withdraw from a program which was wreaking a devastation so universal that no country1 including ,germany1 could escape4 ,the defendant stated from the witness stand he could not withdraw because he owed fealty to ,hitler and to the ,german people4 ,his loyalty to ,hitler was loyalty to a man who he now states had marked him for liquidation1 and so far as allegiance to the ,german people is concerned1 they can feel no gratitude for an allegiance which increased their ruin1 magnified their misery1 and pushed them only deeper into the pit of despair4 ,the ,germans could do without a devotion of that kind4 ,the defendant apparently gained the impression in our questioning of him that some heroic sacrifice was expected on his part4 ,we never intended1 nor was it suggested1 that he should take any action which could result in the forfeiture of his life4 ,but he did himself volunteer from the witness stand that on two occasions he was ready to tell ,hitler the truth even if it should mean his execution4 ,if he was prepared to sacrifice his life on so futile a gesture1 he could have taken some action which involved less hazard4 ,he could thus1 at least to that extent1 have contributed to honesty and justice by refraining from threatening with death and whipping those who did not give of their last ounce of energy in the production of ordnance whose muzzles would eventually be turned on ,germany itself4 ,in his last statement in court ,milch declared that he was indifferent to his fate but he was interested in seeing ,germany relieved of her suffering and re-admitted to the community of nations as an equal partner4 ,we do not believe that any intelligent person can be indifferent to his fate1 although one can summon sufficient spiritual fortitude to rise above an immediate regret4 ,with regard to ,milch's wish for the ,german people1 he has definitely performed one service in pulling aside the curtain to disclose to them the stupidities1 the vanities1 and the arrogances of their leaders which brought about their present state4 ,the record of this case will particularly1 of course1 expose ,milch's own errors and his transgressions against international law1 the laws and customs of war1 the moral code of humanity and even commandments #d and #g of the #aj commandments of the ,german soldier4 ,the purpose of these postwar trials obviously is not vengeance4 ,the object aimed at 7as in the criminal jurisprudence of all civilized nations7 is the ascertainment of truth4 ,when guilt is established1 the penalty imposed is to serve as a deterrent to all others who might be similarly minded4 ,albert ,speer1 convicted in the first trial1 stated here in this courtroom that had trials such as these followed the ,first ,world ,war1 the ,second ,world ,war might have been averted4 ,erhard ,milch may obtain some comfort from the realization that by the publication of the evidence of this trial he is definitely contributing to the education and well-being of ,germany's future1 as indeed a precise contribution is being made to the cause of world justice itself4 ,over #aee1jjj ,americans made the supreme sacrifice in ,germany in this war4 ,these lads gave their lives for this ideal of world justice and world peace4 ,america sought no territorial aggrandizement or material advantage4 ,the ,american flag in this courtroom ensured to the defendant all the guarantees of the ,united ,states ,constitution as to a fair trial4 ,no person within the continental limits of the ,united ,states itself could have wished for a fuller opportunity to demonstrate his innocence of the charges brought against him4 ,america and her ,allies bestowed upon ,germany what no desire can achieve and what no money can buy4 ,the ,allied nations gave the blood of their youth to water the roots of the tree of liberty and tolerance which had withered in the twelve-year drought of ,national ,socialism4 ,it is to reveal who were responsible and what was responsible for the desiccation of that tree and to proclaim to the world the inevitable consequences to others who degrade the soil with the pollution and prussic acid of oppression that these trials have been established4 ,the present trial is one chapter in the book which will forever condemn ,mein ,kampf and offer to the new ,german nation a volume of proved fact1 whose every page will tell of the sorrow awaiting any people which permit any man or men to hoist deceit above truth1 power above justice1 oppression above tolerance1 war above peace and man above ,god4 ,signed ,,michael ,a4 ,,musmanno ,,judge ,,military ,,tribunal ,,ii ----- #afj ,the reference 8,t0 is to the page of the mimeographed transcript4 #afa 8,,imt0 refers to ,trial of the ,major ,war ,criminals before the ,international ,military ,tribunal1 ,vol4 ,i1 ,nuremberg1 ,germany1 #aidg4 #afb ,original ,german document read #ej1jjj but1 due to clerical error1 translation of document which was submitted in ,court read #ejj1jjj4 ,incorrectness is obvious by total figure of #bbj1jjj in last sentence4 #afc ,chef ,ansbildungawesen 7,chief of ,training74 #afd ,a word is missing here in the ,german original4 #afe ,deutsche ,versuchsanstalt fuer ,luftfahrt 7,german ,institute for ,aviation ,research74 ,in this case1 the reference is to the ,medical ,section of the ,institute4 ,c4 ,concurring ,opinion by ,judge ,fitzroy ,d4 ,phillips ,this ,tribunal has been duly organized and is now existing under the authority of ,ordnance ,no4 #g pursuant to the powers of the ,military ,governor of the ,united ,states ,zone of ,occupation within ,germany expressly conferred therein and further pursuant to the powers conferred upon the zone commander by ,control ,council ,law ,no4 #aj and ,articles #aj and #aa of the ,charter of the ,international ,military ,tribunal annexed to the ,london agreement of #h ,august #aide1 and by authority of ,executive ,order ,no4 #ihai signed and issued by ,harry ,s4 ,truman1 ,president of the ,united ,states of ,america1 the pertinent parts of said order as follows3 8,by virtue of the authority vested in me by the ,constitution and the statutes1 and as ,president of the ,united ,states and ,commander in ,chief of the ,army and ,navy of the ,united ,states1 it is ordered as follows3 8#a4 ,i hereby designate ,fitzroy ,donald ,phillips1 ,judge of a ,superior ,court in the ,state of ,north ,carolina2 ,robert ,morrell ,toms1 ,judge of the ,third ,judicial ,circuit ,court1 ,detroit1 ,michigan2 and ,captain ,michael ,a4 ,musmanno 7,s71 ,,usnr1 #jhffbb1 as the members1 and ,john ,joshua ,speight as the alternate member of one of the several military tribunals established by the ,military ,governor for the ,united ,states ,zone of ,occupation within ,germany pursuant to the quadripartite agreement of the ,control ,council for ,germany1 enacted ,december #bj1 #aide1 as ,control ,council ,law ,no4 #aj1 and pursuant to ,articles #aj and #aa of the ,charter of the ,international ,military ,tribunal1 which ,tribunal was established by the ,government of the ,united ,states of ,america1 the ,provisional ,government of the ,french ,republic1 the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland1 and the ,government of the ,union of ,soviet ,socialist ,republics1 for the trial and punishment of major war criminals of the ,european ,axis4 ,such members and alternate member may1 at the direction of the ,military ,governor of the ,united ,states ,zone of ,occupation1 serve on any of the several military tribunals above mentioned40 and as such ,tribunal1 has jurisdiction to try and determine this case4 ,subsequent to the organization of said ,tribunal1 ,telford ,taylor1 ,brigadier ,general1 ,united ,states ,army1 ,chief of ,counsel for ,war ,crimes1 prepared and caused to be prepared a bill of indictment charging the defendant1 ,erhard ,milch1 with certain war crimes and crimes against humanity as will appear more specifically hereinafter in this judgment and on #ad ,november #aidf caused said bill of indictment to be duly served upon the defendant1 ,erhard ,milch1 by the ,marshal for the ,united ,states ,military ,tribunals according to the provisions of law4 ,thereafter said bill of indictment was made returnable and said cause set for trial before ,united ,states ,military ,tribunal ,no4 ,,ii4 ,whereupon1 ,dr4 ,i4 ,friedrich ,bergold of the ,nuernberg1 ,germany1 bar was duly appointed as counsel for the defendant and accepted such appointment4 ,on #bj ,december #aidf1 at #i3cj a4m4 in the ,palace of ,justice1 ,nuernberg1 ,germany1 the defendant1 ,erhard ,milch1 being present in court and represented by his counsel1 ,dr4 ,i4 ,friedrich ,bergold1 and the ,united ,states of ,america being represented by ,telford ,taylor1 ,brigadier ,general1 ,united ,states ,army1 ,chief of ,counsel for ,war ,crimes1 and ,honorable ,clark ,denney of counsel1 the ,tribunal duly arraigned the defendant upon the charges contained in the bill of indictment against him1 and the defendant when called upon to plead to the bill of indictment entered a plea of ,not ,guilty4 ,whereupon the ,tribunal set the date of #b ,january #aidg1 for the trial of said case and adjourned until said time4 ,on #b ,january #aidg1 ,united ,states ,military ,tribunal ,no4 ,,ii met in the ,palace of ,justice1 ,nuernberg1 ,germany1 and commenced the trial of this case4 ,the bill of indictment charging the defendant1 ,erhard ,milch1 with certain and specific war crimes and crimes against humanity is summarized as follows3 ,count ,one3 ,war crimes involving murder1 slave labor1 deportation of civilian populations for slave labor1 cruel and inhuman treatment of foreign laborers1 and the use of prisoners of war in war operations by force and compulsion4 ,count ,two3 ,war crimes involving murder1 subjecting involuntary victims to low-pressure and freezing experiments1 resulting in torture and death4 ,count ,three3 ,crimes against humanity1 involving murder and the same unlawful acts specified in counts one and two against ,german nationals and nationals of other countries4 ,the trial was conducted in two languages in the main1 ,english and ,german1 and in ,english1 ,german1 and ,french when ,french witnesses were testifying4 ,the hearing of evidence and the arguments of counsel concluded on #be ,march #aidg4 ,the prosecution offered three witnesses who gave evidence orally and #afa written exhibits1 several exhibits containing many documents4 ,the defense offered #bg witnesses who gave evidence orally and the defendant also testified in his own behalf1 and in addition to oral evidence the defendant offered #ea written exhibits4 ,the exhibits as offered by both the prosecution and defense contained documents1 photographs1 affidavits1 interrogatories1 letters1 maps1 charts1 and other written evidence4 ,a complete stenographic record of everything said and done in court has been made as well as an electrical recording of all the proceedings4 ,copies of all the documents and written evidence offered by the prosecution have been supplied to the defense in the ,german language4 ,the applications made by the defendant for the production of witnesses and documents were passed upon by the ,tribunal and orders made in pursuance thereof4 ,the ,tribunal1 after examination1 granted all of the defense applications which in their opinion were relevant to the defense of the defendant and denied a few that the ,tribunal found not to be relevant4 ,facilities were provided for obtaining those witnesses and documents granted through the ,office of the ,secretary ,general of the ,tribunal4 ,much of the evidence presented to the ,tribunal on behalf of the prosecution was documentary evidence captured by the ,allied armies in ,german army headquarters1 government buildings1 and elsewhere1 and some of said documents were captured in the private files of the defendant himself4 ,the case therefore against the defendant rests in a large measure on the documents thus obtained4 ,the documents offered against the defendant on the part of the prosecution were in a large measure of his own making or those that were made in the organizations of which he was a member and largely under his control1 and the authenticity of which has not been challenged except in a few cases and in those he challenged them mainly on the correctness of the transcript and not upon the subject matter as a whole4 ,the evidence1 oral and written1 together with exhibits and documents contain approximately #c1jjj pages which constitutes the record in this case4 ,the trial was conducted generally along the lines as are usually followed in trial courts of the ,united ,states except as to the rules of evidence1 and as to those the ,tribunal was not bound by technical rules of evidence and admitted any and all evidence which it deemed to have probative value and in strict compliance with the provisions of ,article ,,vii of ,ordnance ,no4 #g4 ,the ,tribunal has kept in mind throughout the entire trial that this was a ,tribunal established for the purpose of trying major war criminals and in this particular case a fallen military field marshal of a conquered nation1 and that he was entitled to the ,anglo-,saxon and ,english common law presumption that he was innocent until his guilt was established beyond a reasonable doubt4 ,article ,,ii of ,control ,council ,no4 #aj is as follows3 8,,article ,,ii 8#a4 ,each of the following acts is recognized as a crime3 87a7 ,crimes against ,peace4 ,initiation of invasions of other countries and wars of aggression in violation of international laws and treaties1 including but not limited to planning1 preparation1 initiation or waging a war of aggression1 or a war in violation of international treaties1 agreements or assurances1 or participation in a common plan or conspiracy for the accomplishment of any of the foregoing4 87b7 ,war ,crimes4 ,atrocities or offenses against persons or property constituting violations of the laws or customs of war1 including but not limited to1 murder1 ill-treatment or deportation to slave labor or for any other purpose1 of civilian population from occupied territory1 murder or ill-treatment of prisoners of war or persons on the seas1 killing of hostages1 plunder of public or private property1 wanton destruction of cities1 towns or villages1 or devastation not justified by military necessity4 87c7 ,crimes against ,humanity4 ,atrocities and offenses1 including but not limited to murder1 extermination1 enslavement1 deportation1 imprisonment1 torture1 rape1 or other inhumane acts committed against any civilian population1 or persecutions on political1 racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated4 87d7 ,membership in categories of a criminal group or organization declared criminal by the ,international ,military ,tribunal4 8#b4 ,any person without regard to nationality or the capacity in which he acted is deemed to have committed a crime as defined in paragraph #a of this ,article1 if he 7a7 was a principal or 7b7 was an accessory to the commission of any such crime or ordered or abetted the same or 7c7 took a consenting part therein or 7d7 was connected with plans or enterprises involving its commission or 7e7 was a member of any organization or group connected with the commission of any such crime or 7f7 with reference to paragraph #a 7a71 if he held a high political1 civil or military 7including ,general ,staff7 position in ,germany or in one of its ,allies1 co-belligerents or satellites or held high position in the financial1 industrial or economic life of any such country4 8#c4 ,any person found guilty of any of the crimes above-mentioned may upon conviction be punished as shall be determined by the ,tribunal to be just4 ,such punishment may consist of one or more of the following3 87a7 ,death4 87b7 ,imprisonment for life or a term of years1 with or without hard labor4 87c7 ,fine1 and imprisonment with or without hard labor1 in lieu thereof4 87d7 ,forfeiture of property4 87e7 ,restitution of property wrongfully acquired4 87f7 ,deprivation of some or all civil rights4 8,any property declared to be forfeited or the restitution of which is ordered by the ,tribunal shall be delivered to the ,control ,council for ,germany1 which shall decide on its disposal4 8#d4 7a7 ,the official position of any person1 whether as ,head of ,state or as a responsible official in a ,government ,department1 does not free him from responsibility for a crime or entitle him to mitigation of punishment4 87b7 ,the fact that any person acted pursuant to the order of his ,government or of a superior does not free him from responsibility for a crime1 but may be considered in mitigation4 8#e4 ,in any trial or prosecution for a crime herein referred to1 the accused shall not be entitled to the benefits of any statute of limitation in respect of the period from #cj ,january #aicc to #a ,july #aide1 nor shall any immunity1 pardon1 or amnesty granted under the ,nazi regime be admitted as a bar to trial or punishment40 ,the defendant stands indicted for the violation particularly of the provisions of section b1 which defines war crimes1 and for the violation of the provisions of section c1 which defines crimes against humanity1 and for the violations of certain provisions of international conventions1 particularly of ,articles #d1 #e1 #f1 #g1 #df1 and #eb of the ,hague ,regulations1 #aijg1 and of ,articles #b1 #c1 #d1 #f1 and #ca of the ,prisoner-of-,war ,convention1 ,geneva1 #aibi1 the laws and customs of war1 the general provisions of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and further as particularly defined in ,article ,,ii of the ,control ,council ,law ,no4 #aj4 ,the first count in the bill of indictment has been designated by the prosecution as 8,slave ,labor10 the second count as 8,medical ,experiments0 and the third count as 8,slave ,labor and ,medical ,experiments upon ,german ,nationals40 ,the pertinent rules of law that are applicable in this case will now be considered1 and we shall consider briefly some salient precepts and prohibitions of international law up to and including the provisions of ,control ,council ,law ,no4 #aj4 ,the prosecution has offered evidence which tended to show that much of the labor which supplied ,germany with the tools of absolute and total war was extracted from people who had been uprooted from their homes in occupied territories and imported to ,germany against their will and often under the most trying and difficult circumstances4 ,displacement of groups of persons from one country to another is the proper concern of international law in as far as it affects the community of nations4 ,international law has enunciated certain conditions under which the fact of deportation of civilians from one nation to another during times of war becomes a crime4 ,if the transfer is carried out without a legal title1 as in the case where people are deported from a country occupied by an invader while the occupied enemy still has an army in the field and is still resisting1 the deportation is contrary to international law4 ,the rationale of this rule lies in the supposition that the occupying power has temporarily prevented the rightful sovereign from exercising its power over its citizens4 ,articles #dc1 #df1 #di1 #eb1 #ee1 and #ef1 ,hague ,regulations1 which limit the rights of the belligerent occupant1 do not expressly specify as crime the deportation of civilians from an occupied territory4 ,article #eb states the following provisions and conditions under which services may be demanded from the inhabitants of occupied countries3 #a4 ,they must be for the needs of the army of occupation4 #b4 ,they must be in proportion to the resources of the country4 #c4 ,they must be of such a nature as not to involve the inhabitants in the obligation to take part in military operations against their own country4 ,insofar as this section limits the conscription of labor to that required for the needs of the army of occupation1 it is manifestly clear that the use of labor from occupied territories outside of the area of occupation is forbidden by the ,hague ,regulations4 ,the second condition under which deportation becomes a crime occurs when the purpose of the displacement is illegal1 such as deportation for the purpose of compelling the deportees to manufacture weapons for use against their homeland or to be assimilated in the working economy of the occupying country4 ,the defense as contained in this case is that persons were deported from ,france into ,germany legally and for a lawful purpose by contending that such deportations were authorized by agreements and contracts between ,nazi and ,vichy ,french authorities4 ,the ,tribunal holds that this defense is both technically and substantially deficient4 ,the ,tribunal takes judicial notice of the fact that after the capitulation of ,france and the subsequent occupation of ,french territory by the ,german army1 a puppet government was established in ,france and located at ,vichy4 ,this government was established at the instance of the ,german ,army and was controlled by its officials according to the dictates and demands of the occupying army and a contract made by the ,german ,reich with such a government as was established in ,france amounted to in truth and in fact a contract that on its face was null and void4 ,the ,vichy ,government1 until the ,allies regained control of the ,french ,republic1 amounted to no more than a tool of the ,german ,reich4 ,it will be borne in mind that at no time during the ,vichy regime a peace treaty had been signed between the ,french ,republic and the ,german ,reich but merely a cessation of hostilities and an armistice prevailed1 and that ,french resistance had at no time ceased and that ,france at all times still had an army in the field resisting the ,german ,reich4 ,the third and final condition1 under which deportation becomes illegal1 occurs whenever generally recognized standards of decency and humanity are disregarded4 ,this flows from the established principle of law that an otherwise permissible act becomes a crime when carried out in a criminal manner4 ,a close study of the pertinent parts of ,control ,council ,law ,no4 #aj strengthens the conclusions of the foregoing statements that deportation of the population is criminal whenever there is no title in the deporting authority or whenever the purpose of the displacement is illegal or whenever the deportation is characterized by inhumane or illegal methods4 ,article ,,ii 7#a7 7c7 of ,control ,council ,law ,no4 #aj specifies certain crimes against humanity4 ,among those is listed the deportation of any civilian population4 ,the general language of this sub-section as applied to deportation indicates that ,control ,council ,law ,no4 #aj has unconditionally contended as a crime against humanity every instance of the deportation of civilians4 ,article ,,ii 7#a7 7b7 names deportation to slave labor as a war crime4 ,article ,,ii 7#a7 7c7 states that the enslavement of any civilian population is a crime against humanity4 ,thus ,law ,no4 #aj treats as separate crimes and different types of crime 8deportation to slave labor0 and 8enslavement40 ,the ,tribunal holds that the deportation1 the transportation1 the retention1 the unlawful use1 and the inhumane treatment of civilian populations by an occupying power are crimes against humanity4 ,the ,hague and ,geneva ,conventions codify the precepts of the law and usages of all civilized nations4 ,article #ca of the ,geneva ,convention provides that labor furnished by prisoners of war shall have no direct relation to war operations4 ,thus the convention forbids 7#a7 the use of prisoners of war in manufacture or transportation of arms or ammunitions of any kind2 and 7#b7 the use for transporting of matriel intended for combat units4 ,the ,hague ,regulations contain comparable provisions4 ,the essence of the crime is the misuse of prisoners of war derived from the kind of work to which they are assigned1 in other words1 to work directly connected with the war effort4 ,the ,tribunal holds as a matter of law that it is illegal to use prisoners of war in armament factories and factories engaged in the manufacture of airplanes for use in the war effort4 ,now1 considering the basic charges and the law governing the charge against the defendant in which it alleges his responsibility for and participation in the medical experiment program1 the fundamental crime with which the defendant is charged in this connection is murder4 ,also involved are various atrocities1 tortures1 offenses against the person1 and other inhumane acts4 ,the provisions of ,control ,council ,law ,no4 #aj1 which are applicable to this charge1 to wit1 ,article ,,ii1 are 8b4 ,war crimes0 and 8c4 ,crimes against humanity40 ,the bill of indictment charges3 8,a4 ,war crimes1 namely violations of the laws and customs of war as to medical experiments performed involuntarily upon persons1 some of whom were prisoners of war and citizens of countries who were at war with the ,german ,reich1 and other deported citizens from other countries who were at war with the ,german ,reich involving the commission of murders1 tortures1 and other inhumane acts4 8,b4 ,crimes against humanity1 namely medical experiments performed upon involuntary ,german nationals and nationals of other countries in the course of which brutalities1 murders1 and other inhumane acts were committed40 ,the prosecution contends that the defendant ,milch did not personally participate in or personally direct1 counsel1 or initiate such medical experiments but that the same was done by members of his command and that he was personally responsible for their conduct by virtue of the authority that he held over his subordinates4 ,in this connection in the recent case before the ,united ,states ,supreme ,court in re ,yamashita1 the opinion of which was handed down by the ,supreme ,court of the ,united ,states at the ,october term1 #aide1 of said ,court1 some of the pertinent holdings in this case are as follows3 8,it is evident that the conduct of military operations by troops whose excesses are unrestrained by the orders or efforts of their commander would almost certainly result in violations which it is the purpose of the law of war to prevent4 ,its purpose to protect civilian populations and prisoners of war from brutality would largely be defeated if the commander of an invading army could with impunity neglect to take reasonable measures for their protection4 ,hence the law of war presupposes that its violation is to be avoided through the control of the operations of war by commanders who are to some extent responsible for their subordinates4 8,this is recognized by the annex to ,fourth ,hague ,convention of #aijg1 respecting the laws and customs of war on land4 ,article ,i lays down the condition which an armed force must fulfill in order to be accorded the rights of lawful belligerents1 that it must be commanded by a person responsible for his subordinates4 8,these provisions plainly imposed on petitioner1 who at the time specified1 was ,military ,governor of the ,philippines1 as well as commander of the ,japanese forces1 an affirmative duty to take such measures as were within his power and appropriate in the circumstances to protect prisoners of war and the civilian population4 ,this duty of a commanding officer has heretofore been recognized1 and its breach is penalized by our own military tribunals4 899 99 99 ,it is plain that the charge on which petitioner was tried charged him with a breach of his duty to control the operations of the members of his command1 by permitting them to commit the specified atrocities4 ,this was enough to require the commission to hear evidence tending to establish the culpable failure of the petitioner to perform the duty imposed on him by the law of war and to pass upon its sufficiency to establish guilt40 ,i am of the opinion and find as a fact from the evidence in this case that the defendant ,milch between the years #aici and #aide was ,state ,secretary in the ,air ,ministry1 ,inspector ,general of the ,air ,force1 ,deputy to the ,commander in ,chief of the ,air ,force1 a member of the ,nazi ,party4 ,the defendant ,milch was also ,field ,marshal in the ,luftwaffe1 #aidj to #aide2 ,air ,quartermaster ,general1 #aida to #aidd2 member of the ,central ,planning ,board1 #aidb to #aide2 and ,chief of the ,jaegerstab1 #aidd to #aide4 ,after hearing the evidence of both the prosecution and defense1 and after having heard the arguments of counsel1 and after having fully considered all of the evidence1 the following facts are concluded3 ,,count ,,no4 ,i ,,slave ,,labor ,that the defendant1 ,erhard ,milch1 was born in ,germany on #cj ,march #ahib1 that he was a member of the ,air ,force of the ,german ,army in ,world ,war ,i and was a contemporary in said air force with ,goering1 ,udet1 and others2 that after the termination of ,world ,war ,i he returned to ,germany1 had a business and later was connected with the manufacture of civilian airplanes4 ,prior to the outbreak of ,world ,war ,,ii he became a member of the ,nazi ,party and materially aided in the rebuilding of the air force of the ,german ,reich4 ,shortly prior to the outbreak of ,world ,war ,,ii he visited various countries as a personal emissary of the ,fuehrer1 ,hitler2 to ,france1 ,england1 ,holland1 ,italy and other countries in an effort to establish so-called permanent peace between the ,german ,reich and these nations4 ,that on #bc ,may #aici1 the defendant attended a conference for the purpose of planning ,world ,war ,,ii with the following present3 ,hitler1 ,goering1 ,col4 ,gen4 von ,brauchitsch1 ,col4 ,gen4 ,keitel1 ,gen4 ,halder1 ,gen4 ,bodenschatz1 ,rear ,admiral ,schniewind1 ,col4 7,,gsc47 ,jeschonnek1 ,col4 ,warlimont1 ,lieut4 ,col4 ,schmundt1 ,captain ,engel1 ,lieut4 ,commander ,albrecht1 and ,captain v4 ,below4 ,at the time of this meeting the defendant held a high position in the ,german ,army1 to wit1 the rank of colonel general4#aff ,at this meeting the ,fuehrer1 ,hitler1 gave his plan of aggressive war1 and in this plan was included the attack of ,poland at the first suitable opportunity2 what the struggle would be like2 the question of a short or long war2 ,england's weakness2 the consequences of such a war2 the unrestricted use of all resources available2 the plan of attack2 and the working principles of an entire and complete program4 ,aggressive war was planned and initiated at this meeting1 and the defendant was one of the high-ranking officers who counseled and approved of the plan4 ,after the outbreak of the war and the subsequent attack on ,poland1 the defendant actively participated in the prosecution of aggressive war until after the capitulation and fall of ,france4 ,from that time on he did not participate as a combat officer but was used in the general economy for the prosecution of war in ,germany1 and particularly as to the building and maintenance of the ,luftwaffe4 ,later he was elevated to the rank of field marshal in the ,luftwaffe and was second in command only to ,goering4 ,the defendant was a member of the ,central ,planning ,board which was established and organized in ,april #aidb1 and said organization served as a means of consolidating in a single agency all controls over ,german war production4 ,the ,central ,planning ,board held regular meetings1 and the defendant presided over and was present at a majority of such meetings4 ,the ,central ,planning ,board at each meeting kept full minutes1 and a great number of said minutes have been submitted to the ,tribunal and reflect the fact that the defendant had a dominant role in the meetings of said board4 ,the scope and authority of the ,central ,planning ,board is contained in the minutes of a meeting held on #bg ,april #aidb1 and the duties and responsibilities of the board1 according to said minutes1 were announced as follows3 8,the ,central ,planning in the ,four ,year ,plan 7,decree of the ,reich ,marshal of ,greater ,germany of #bb ,april #aidb7 is a task for leaders4 ,it encompasses only principles and executive matters4 ,it makes unequivocal decisions and supervises the execution of its directives4 ,the ,central ,planning does not rely on anonymous institutions difficult to control but always on individuals and fully responsible persons who are free in the selection of their work methods and their collaboration as far as there are no directives issued by the ,central ,planning40 ,on #bj ,october #aidb1 the statutes of the ,central ,planning ,board were published and distributed1 a portion of which are as follows3 8,the ,central ,planning ,board1 created by the ,fuehrer and the ,reich ,marshal in order to unify armament and war economy1 deals only with the decision of basic questions4 ,professional questions remain the task of the competent departments1 which in their field remain responsible within the framework of the decisions made by the ,central ,planning ,board40 ,the ,central ,planning ,board was superior to 8the highest ,reich authority1 the ,reich protector1 the ,governor ,general1 and the executive authorities in the occupied countries40 ,the ,international ,military ,tribunal found that the ,central ,planning ,board 8had supreme authority for the scheduling of ,german production and the allocation and development of raw materials40 ,the ,international ,tribunal found further in its opinion1 in the case of ,united ,states vs4 ,goering and others1 8that the ,central ,planning ,board requisitioned labor from ,sauckel with full knowledge that the demands could be supplied only by foreign forced labor and that the board determined the basic allocation of this labor within the ,german war economy40 ,the ,international ,military ,tribunal found further in its opinion the following3 8,in the fall of #aidc ,funk 7who was then indicted before said ,tribunal in regard to deportation and the use of foreign forced labor in the ,german ,reich7 was a member of the ,central ,planning ,board which determined the total number of laborers needed for ,german industry1 and required ,sauckel to produce them1 usually by deportation from occupied territories 99 99 99 but ,funk was aware that the board of which he was a member was demanding the importation of slave laborers1 and allocating them to the various industries under his control40 ,the prosecution offered evidence which tended to show that ,albert ,speer was the ,plenipotentiary for ,armament and was the nominal head of the ,central ,planning ,board and that the defendant was a member of said board and was1 by the order of ,hitler1 assigned to assist ,speer as the head of said board4 ,during much of the time of the existence of said board ,speer was ill and unable to attend the meetings and look after the duties of the board and during this time the defendant was the acting head of said board and presided over its meetings as chairman4 ,fritz ,sauckel was ,plenipotentiary for ,labor and was directly responsible for the procurement and allocation of labor to the various war industries4 ,however1 the ,tribunal finds as a fact that although ,sauckel had the primary duty of procuring and allocating labor1 the ,central ,planning ,board on many occasions1 as the minutes of the meetings of said board show1 called ,milch into conference with the members of the ,central ,planning ,board and in such conferences labor was assigned and allocated by the ,central ,planning ,board and ,sauckel4 ,the minutes of the ,central ,planning ,board1 as introduced by the prosecution1 show that the members of the ,central ,planning ,board knew and discussed the fact that labor was being deported from occupied countries against their will and were being used in various factories manufacturing armaments1 airplanes1 and other articles essential and necessary to the war effort1 that such foreign workers were being forcibly taken from their homes without knowledge of their destination1 and by force and against their will1 crowded into box cars without food or water or toilet facilities1 transported great distances1 and forced to work in factories manufacturing war materials and other necessary items for the prosecution of the war as slave laborers4 ,i find as a fact that the defendant ,milch had knowledge of the way and manner in which such labor was procured and the work that they were forced to do1 and that he aided1 abetted1 counseled1 advised1 and assisted in the deportation1 allocation1 and work of said slave laborers4 ,the documents and reports of the meetings as offered by the prosecution are too voluminous to incorporate herein1 but said records clearly show that the defendant was one of the authorized agents who dealt with the procurement1 deportation1 and work of thousands and thousands of slave laborers from occupied countries4 ,,jaegerstab ,i find as a fact that it was the defendant who conceived and instigated the formation of the ,jaegerstab1 and that the defendant directed its activities and acted as its chairman4 ,the ,jaegerstab assumed control over fighter production and exploited foreign forced labor in the armament industry and directed the use of the same4 ,the ,jaegerstab was assigned top priority for their projects1 for the recruitment and commitment of manpower in the air armament industry4 ,from the meetings of said board as offered in evidence by the prosecution1 the question of manpower was time and time again referred to by the defendant4 ,when other methods of obtaining its labor was not forthcoming1 the ,jaegerstab recruited its own labor either directly or by engineering snatching expeditions for the seizure of manpower arriving on transports from the ,east4 ,at one of the meetings of the ,jaegerstab1 ,prosecution ,exhibit #ed1 page #bh1 the defendant made this statement to his subordinates1 that 8international law cannot be observed here40 ,when the question of ,italian civilian labor was being discussed at a meeting of the ,jaegerstab1 the defendant made the statement and advocated the shooting of those who attempted to escape in transit4 ,i find as a fact that the ,jaegerstab was not a mere discussion group but was an agency with absolute authority over fighter production and acted by orders and directives1 fixed hours of labor and conditions of work1 and on one occasion fixed the established hours of work per week in the aircraft industry at seventy-two hours4 ,much of the labor employed by the ,jaegerstab in aircraft production and in the air armament industry was from concentration camp inmates and foreign forced labor4 ,the defendant was well acquainted with the procurement and allocation of this labor4 ,i find as a fact1 from the evidence offered in the case1 that after the arrival of forced slave labor from occupied countries they were poorly fed1 poorly clothed1 were forced to work an excessive amount of hours each week1 and that their general condition and treatment as a result of such forced labor resulted in the death of a great many and the permanent disability of others1 both in body and in mind4 ,,generalluftzeugmeister ,i find as a fact from the evidence offered in the case1 that the defendant1 as ,generalluftzeugmeister1 had complete control of aircraft production and that he requisitioned labor for the aircraft industry with knowledge of the brutal and inhuman techniques in recruiting these laborers2 and that he gave directives for the criminal treatment of the same in the centers of production4 ,fritz ,sauckel1 ,plenipotentiary for ,labor1 stated that it was 8,milch who produced manpower figures for aviation40 ,albert ,speer testified as follows3 8,the requests of the air armament industry for laborers were presented by ,milch1 and he did not permit anyone to take this right away from him until ,march #aidd40 ,i find as a fact from the evidence offered on the part of the prosecution1 that prisoners of war were included in the manpower that the defendant was requisitioning and distributing to the aircraft industry with full knowledge that they were prisoners of war4 ,as chief of aircraft production1 the defendant regulated the treatment of foreign forced labor in the ,german aircraft industry1 fixed hours of labor and conditions of work1 and by directives to his subordinates formulated the basic policy for the handling of such labor within the industry4 ,the evidence presented by the prosecution tended to show that the defendant advocated the most extreme measures in dealing with foreign forced labor1 inhuman measures which violated every recognized principle of decency4 ,when foreign forced laborers refused to work1 the defendant ordered that they be shot4 ,when they attempted to revolt the defendant directed that some of their numbers be killed1 regardless of their personal guilt or innocence4 ,in the case of prisoners of war who attempted to escape1 the defendant ordered that these prisoners be shot and later hanged in the factory for all to see4 ,on one occasion the defendant made the following statement1 ,prosecution ,exhibit #ade3 8,the other day ,i talked to ,himmler about it1 and ,i told him that his main task should be to see to the production of ,german industry in case of internal uprisings of the foreign workers4 ,i said that consequently a well established method should exist1 and ,i have already given orders to the ,chief ,a4 ,w4#afg and to the training stations to get military training in this field4 ,if1 for instance1 in the ,locality ,x an uprising is started1 then a sergeant with a few men1 or else a lieutenant with thirty men has to turn up in the plant1 and first of all shoot into the crowd with a machine gun4 ,what he should do after is to shoot down as many people as possible in case of revolt4 ,i have given orders to that effect1 and even if our own foreign workers are involved--and then every tenth man is to be singled out and shot while the others are lined up and see him40 ,on another occasion1 ,prosecution ,exhibit #adh1 when the defendant was speaking of the treatment of foreign workers1 he made the following statement4 8,in all these matters energetic interference must be made4 ,i am of the opinion that there should be only two types of punishment in such cases2 firstly1 a concentration camp for foreigners1 and secondly1 capital punishment40 ,the prosecution offered a great number of documents containing statements made by the defendant in regard to orders and threats of violence1 for mistreatment and punishment1 tortures1 killings1 and hangings of foreign workers4 ,space is too short to quote in this judgment all of such pertinent documents4 ,although the defendant denied making a number of these statements appearing in the documents1 he admitted the authenticity and utterances of many1 with the excuse that he was a man of very violent temper1 who1 when worried from overwork1 was not wholly responsible for many utterances made by him4 ,he protested further that he did not actually mean nor intend for orders given in such fits of temper to be carried out1 but they were simply the result of uncontrolled anger1 and understood by his associates and subordinates to have been uttered in such vein4 ,in further extenuation he declared that head injuries resulting from two serious accidents were largely responsible for such uncontrollable temper4 ,i have given due consideration to the explanation given by the defendant and am compelled to reject it4 ,if but only a few of such remarks could be attributed to the defendant1 his protestations might be given some credence2 but when statements such as appear in the documents have been persistently made over long periods of time1 at many places and under such varying conditions1 the only logical conclusion that can be reached is that they reflect the true and considered attitude of the defendant toward the ,nazi foreign labor policy and its victims and are not mere aberrations brought on by fits of uncontrollable anger4 ,i find as a fact1 therefore1 that the true attitude of the defendant toward foreign laborers and prisoners of war is that reflected in the documents of the prosecution and was not the result of uncontrollable fits of temper4 ,i find1 further1 that the defendant ordered1 advised1 counselled1 and procured inhumane and illegal treatment of foreign workers resulting in permanent injury and death to many4 ,,count ,,no4 #b ,,medical ,,experiments ,the prosecution contends that in violation of the laws of war and of crimes against humanity1 high-altitude and freezing experiments were carried out by the ,luftwaffe physicians at ,dachau1 and that said physicians who conducted such experiments were under the command of and subordinate to the defendant ,milch4 ,i am of the opinion from the evidence offered on the part of the prosecution that illegal and inhuman medical experiments were conducted at ,dachau by ,luftwaffe physicians who were under the command and subordinate to the defendant ,milch and from which a great number of deaths ensued to concentration camp inmates and that great pain and suffering and permanent disability resulted to many others4 ,i find as a fact from the evidence offered on the part of the prosecution that ,dr4 ,erich ,hippke was the ,medical ,inspector of the ,luftwaffe and was the direct subordinate of the defendant ,milch2 that ,hippke gave authority and ordered ,dr4 ,rascher1 a ,luftwaffe physician1 in the early spring of #aida to use concentration camp inmates and prisoners of war as high-altitude experimental subjects for the benefit of the ,luftwaffe4 ,i further find1 as a fact1 that the witness ,hippke at no time communicated this information to the defendant ,milch1 nor has the prosecution offered any direct evidence to the effect that the defendant ,milch knew that such experiments had been conducted until after their completion4 ,all of the testimony and the evidence1 both for the prosecution and the defense1 is to the effect that the defendant ,milch did not have such knowledge of the high-altitude or low-pressure experiments which were carried out and completed by ,luftwaffe physicians at ,dachau until after the completion of such experiments4 ,the evidence offered as to the knowledge or responsibility of the defendant ,milch was not of such a nature as to show guilty knowledge on his part of said experiments4 ,as to the cooling or freezing experiments performed at concentration camp1 ,dachau1 for which the defendant is charged with responsibility1 ,i find as a fact that the defendant ordered experiments to be conducted at the camp for the benefit of the ,luftwaffe4 ,in a letter from ,milch to ,obergruppenfuehrer ,wolff of the ,,ss1 dated #bj ,may #aidb1 the following is stated3 8,in reference to your telegram of #ab ,may our medical inspector reports to me that the altitude experiments carried out by the ,,ss and ,luftwaffe at ,dachau have been finished4 ,any continuation of these experiments seems essentially unreasonable4 ,however1 the carrying out of experiments of some other kind in regard to perils at high sea would be important4 ,these have been prepared in immediate agreement with the proper offices4 ,oberstabsarzt ,weltz will be charged with the execution and ,stabsarzt ,rascher will be made available until further order in addition to his duties with the medical corps of the ,luftwaffe4 ,a change of these measures does not appear necessary and an enlargement of the task is not considered pressing at this time40 ,further evidence makes it manifestly plain that subsequent to the receipt of the letter of ,wolff1 officers of the ,luftwaffe1 under the command and subordinate to the defendant1 conducted medical experiments on concentration camp inmates at ,dachau1 against their will1 by placing such experimental subjects in tanks of water of freezing temperatures1 and requiring them to remain there for long periods of time while certain medical data concerning such subjects was gathered2 and that as a result of such experiments1 many of the human subjects died or were gravely injured4 ,the defendant admits giving orders for the conduct of experiments within the scope of the authority conferred by the letter1 but contends that he did not know of1 or contemplate1 that the experiments would be conducted in an illegal manner or would result in the injury or death of any person4 ,the defendant further asserts that he did not know or have any reason to believe that the experiments were conducted in such manner until after they had been completed4 ,he therefore insists that he was and is not responsible for the unlawful manner in which the experiments were actually conducted by the ,luftwaffe officers1 and that he is not guilty of any crime as a result thereof4 ,the ,tribunal1 in its majority opinion1 has fully considered the decision of the ,united ,states ,supreme ,court in the judgment in re ,yamashita1 and has found that said decision is not controlling in the case at bar4 ,in weighing the evidence1 the ,tribunal was mindful of the fact that the defendant gave the order and directed his subordinates to carry on such experiments1 and that thereafter he failed and neglected to take such measures as were reasonably within his power to protect such subjects from inhumane treatment and deaths as a result of such experiments4 ,notwithstanding these facts1 the ,tribunal is of the opinion that the evidence fails to disclose beyond a reasonable doubt that the defendant had any knowledge that the experiments would be conducted in an unlawful manner and that permanent injury1 inhumane treatment or deaths would result therefrom4 ,therefore1 the ,tribunal found that the defendant did not have such knowledge as would amount to participation or responsibility on his part and therefore found the defendant not guilty on charges contained in count #b4 ,,conclusions 7#a7 ,i concur in the opinion of the ,tribunal that war crimes and crimes against humanity were committed by the defendant1 including deportation1 enslavement1 and mistreatment of millions of persons2 and that as a result thereof and in furtherance of such treatment1 murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhumane acts were committed in a large scale measure upon citizens of occupied countries1 prisoners of war1 ,jews1 and other nationals4 ,i agree further that the defendant was a principal in1 accessory to1 ordered1 abetted1 and took a consenting part therein4 ,i also agree that for such acts and conduct on the part of the defendant1 he is guilty of charges contained in count number one of the indictment4 ,the evidence produced during the trial upon the charges contained in this count showed conclusively that countless millions of persons were unlawfully deported1 enslaved1 and murdered4 ,especially were the ,jews mistreated1 tortured and murdered merely because they were ,jews and their extermination desired4 ,history discloses the fact that as early as the year #acdi in the city of ,nuernberg1 and within sight of where this opinion is being written1 the citizens of ,nuernberg drove the ,jews from their city1 confiscated their property1 and erected a market place on the site of the ,ghetto and the ,liebfrauenkirche in place of the ,synagogue4 ,the hatred of the ,aryan ,german for the ,jew seems to have been constant during the many intervening years4 ,history will record such conduct as a blot upon the name of the present ,german generation for many years to come4 7#b7 ,the ,tribunal found the defendant not guilty of the charges contained in count number two1 and ,i concur in such finding4 ,under the ,american concept of liberty1 as brought to us by our ,anglo-,saxon heritage and the ,english ,common ,law1 every person accused of crime is presumed to be innocent until proof of his guilt is established by the evidence and beyond a reasonable doubt4 ,this presumption follows him throughout the trial and until he is found guilty beyond a reasonable doubt4 ,in applying this ,god-given principle of liberty1 one eminent ,american jurist uttered the following words3 8,after considering and weighing all of the evidence you then find that your minds are disturbed1 your convictions tempest-tossed1 and your judgment1 like the dove of the deluge1 finds no place to rest2 the law says you must acquit40 ,the defendant was given the full benefit of these great and lasting rules of law and has received at the hands of the ,tribunal a fair and impartial trial in full accord with the ,american concepts of justice under the law4 7#c7 ,count three of the indictment charges the defendant with crimes against 8,german nationals and nationals of other countries40 ,i am of the opinion that sufficient evidence was not produced by the prosecution to justify an adjudication by the ,tribunal of guilt as to ,german nationals alone4 ,however1 as to such crimes against nationals of other countries1 the ,tribunal has heretofore considered such charges and has made an adjudication concerning the same in count number one of the indictment4 ,the conclusion of the ,tribunal is that the same unlawful acts of violence which constituted war crimes under count one of the indictment also constitute crimes against humanity as alleged in count three of the indictment4 ,therefore1 the ,tribunal found the defendant guilty of crimes against humanity under count three1 with which finding ,i concur4 ,in weighing the evidence1 the ,tribunal simulated the ancient customs of using the seed of the oriental carob tree to balance the scales of justice4 ,the defendant should not now complain4 ,therefore1 for the reasons stated1 ,i am in full agreement with the judgment of the ,tribunal and concur therein4 ,respectfully submitted this the #aeth day of ,april1 #aidg ,signed ,,fitzroy ,d4 ,,phillips ,fitzroy ,d4 ,phillips ,judge1 ,military ,tribunal ,no4 ,,ii ----- #aff ,see ,table of ,comparative ,ranks1 p4 #cca4 #afg ,chef ,ausbildungswesen 7,chief of ,training74 ,,viii4 ,,petitions ,a4 ,extract from ,petition for ,clemency to ,military ,governor of ,united ,states ,zone of ,occupation ,nuernberg1 #b ,may #aidg ,to the ,military ,governor ,,petition of ,attorney-at-law ,dr4 ,friedrich ,bergold1 ,nuernberg1 ,prinzregenten-,ufer #g_/;,,iii1 ,defense ,counsel1 ,military ,court ,,ii ,nuernberg in ,case ,,ii against the defendant ,erhard ,milch1 ,general ,field ,marshal1 at present in the ,court ,prison1 ,nuernberg1 to modify the sentence of the ,military ,court ,,ii ,nuernberg on #af_/ag ,april #aidg4 99 99 99 99 99 ,a ,the sentence passed on counts ,i and ,,iii contains actual inaccuracies1 which are inconsistent with the recorded evidence4 ,obviously1 these errors have had an influence on the sentence as far as the award of punishment is concerned4 ,a correction of these errors would necessarily lead to a less severe sentence4 #a4 ,the statements on page #c of the judgment that ,milch since #ai ,november #aida was the second highest commander of the ,luftwaffe is not in agreement with the evidence4 ,the witnesses have testified that from #aich-aida ,milch held only one of the four highest commanding posts under ,goering1 and since #aida two of the four highest ,luftwaffe commanding posts4 ,only in regard to seniority he was the oldest officer of these four highest commands4 ,this is important because evidence has been given for the fact that the general staff of the ,luftwaffe had the responsibility for the armament program of the ,luftwaffe4 #b4 ,it is not consistent with recorded evidence that the ,central ,planning ,board had been created by a decree of the ,fuehrer of #bi ,october #aidc4 ,it has been proved by the statement of ,speer that the decree of #bi ,october #aidc was a decree issued by ,speer a long time after the creation of the ,central ,planning ,board and without authorization of the defendant ,milch4 ,since this decree was issued by ,speer for his sphere of administration only1 no conclusion can be drawn therefrom against the defendant4 #c4 ,it is not consistent with recorded evidence that the ,court finds that the ,central ,planning ,board handled the labor problem as such4 ,exhibit #aea of the prosecution proved the opposite4 ,the witnesses who have been heard have confirmed that the ,central ,planning ,board handled the labor problem only for information purposes for the distribution and production of raw materials and in order to clarify the untrue statements of ,sauckel4 ,this ,exhibit #aea constitutes essential new evidence which is of greatest importance in regard to the verdict of the ,international ,military ,tribunal4 #d4 ,it is not consistent with recorded evidence that the defendant had admitted having seen ,russian prisoners of war at service at #h4h and #aj4e cm4 antiaircraft guns in aircraft factories in ,luftgau #g4 ,the witness ,vorwald made this statement on the basis of his own observation4 ,it has been proved that ,milch had nothing to do with the allocation of ,russians to the antiaircraft artillery 7flak71 and that he declared himself against it4 #e4 ,it is not consistent with recorded evidence that ,milch said that ,russian prisoners of war had volunteered for work in war plants4 ,what he did state--and this was in agreement with the witnesses ,vorwald and ,foerster--was that ,russian prisoners of war had volunteered for service at the antiaircraft artillery 7flak71 with the reservation that they would not be used for combatting ,russian airplanes4 ,this condition was fulfilled4 ,thus1 there is no question of an inadmissible use of prisoners of war for war service4 #f4 ,it is not consistent with recorded evidence that ,sauckel1 the ,plenipotentiary for the ,allocation of ,labor1 participated in at least #ae sessions of the ,central ,planning ,board4 ,only #ae minutes concerning the sessions minutes of #ae sessions of the ,central ,planning ,board have been submitted4 ,these minutes prove that ,sauckel was not present at most of these sessions4 #g4 ,it is not consistent with recorded evidence that the defendant was informed about the methods employed and the cruelties on the occasion of the recruiting and utilization of foreign workers4 ,all witnesses who have been heard have stated the opposite4 ,it is therefore not permissible to assume without the basis of exact proof that ,milch was informed about these matters4 ,the ,court concludes from the fact that foreign workers and prisoners of war had been used that ,milch must necessarily have recognized that the methods must have been cruel4 ,speer has stated explicitly that the cruel methods were not necessary and that1 therefore1 they were an error4 ,but if they were not necessary then the conclusion drawn from them without any explicit proof was not permissible4 #h4 ,it is not consistent with recorded evidence that #ajj1jjj ,polish prisoners of war were deported to concentration camps4 ,the opposite has been proved1 viz41 that ,polish prisoners of war1 in accordance with the agreement between ,russia and ,germany were released from captivity and employed as civilians4 #i4 ,it is not consistent with recorded evidence that ,romanian nationals were subjected to deportation4 ,not one single piece of evidence for that has been submitted4 ,romania was mentioned by the defense only in connection with the armistice agreement between ,russia and ,romania4 #aj4 ,it is not consistent with recorded evidence that ,milch used ,hungarian ,jews4 ,it is proved by the evidence that this did not happen before the summer of #aidd when ,milch had resigned from his positions4 #aa4 ,it is not consistent with recorded evidence that the ,schmundt minutes must be correct1 for the reason that if any allusion to a war had been omitted1 ,hitler would not have spoken at all4 ,it has been proven that ,hitler spoke merely theoretically about the world situation in case there should be a war at some time4 ,he did not mention that he wanted to foment aggressive wars4 ,b ,the judgment states that the defendant recommended more drastic and more cruel measures in regard to the recruiting and utilization of workers4 7,page #ah of the judgment47 ,this is in discrepancy with the recorded evidence4 ,here the defense does not argue about the separate reasons given by ,judge ,michael ,a4 ,musmanno1 since these reasons do not constitute the official judgment4 ,these reasons also contain factual errors and even use material which has not been discussed during the trial4 ,these separate reasons1 however1 make it possible to draw a conclusion in regard to the sentence of the judgment which states that the defendant recommended more drastic and more cruel measures4 ,it has been proved through the evidence that utterances to that effect were made by the defendant only in smaller circles and while he was in a state of excitement4 ,it has been proved that no action was ever taken in conformity with these utterances4 ,it has been proved that the defendant never asked for action pursuant to such utterances4 ,it has been proved that he did not have any executive power in regard to any measures whatsoever4 ,it has finally been proved that the record concerning such utterances must in part be incorrect4 ,therefore1 it has not been proved that the defendant approved such cruelties or demanded them in earnest4 ,c ,the objection must be raised that the ,military ,tribunal did not clarify at all the legal questions which were raised by the defense in connection with the fact that the ,russian ,government has explicitly renounced the ,hague ,convention concerning ,land ,warfare and the previous ,geneva ,conventions4 ,since the ,decree ,number #g of the ,military ,government for ,germany provides1 in ,article ,,xv1 that reasons have to be given for the sentence1 the ,tribunal would have had to state its position in regard to these questions4 ,this also constitutes a defectiveness of the verdict and this defect may possibly have had an influence on the award of the punishment4 ,d ,the ,military ,tribunal has extensively referred on page #ad and #ae to the verdict of the ,international ,military ,tribunal against ,speer4 ,the ,tribunal has therefore made the reasons of the ,international ,military ,tribunal its own to a large extent4 ,but consequently the ,military ,tribunal would have had to examine the problem of extenuating circumstances4 ,the defense has already pointed out that the fact that he organized protected factories constituted for ,speer an extenuating circumstance4 ,during the trial it has been clearly proved that ,milch was the first who already in #aida organized protected factories1 and that he was1 therefore1 the inventor of this kind of employment4 ,the problem of extenuating circumstances involves further the examination of the question1 whether ,milch had more to do with the utilization of foreign workers and prisoners of war than ,speer4 ,this examination was omitted4 ,exhibit ,milch #ee and also all the evidence proved that ,speer's participation in the utilization of foreign workers and prisoners of war was considerably more extensive4 ,if the ,tribunal had examined the extenuating circumstances1 then the result would undoubtedly have been that the defendant would have been allowed extenuating circumstances on a large scale4 ,due to the fact that the responsibility of ,speer was greater than that of ,milch1 ,milch should not have received a more severe sentence than ,speer4 ,consideration should also have been given to the fact that it was proved that ,milch continually advocated restrictions in the employment of foreign workers and of prisoners of war1 and that he did indeed succeed in achieving such restrictions4 ,finally1 consideration should also have been given to the fact that ,milch withdrew from his positions as early as spring and summer #aidd1 and that he had nothing to do with the extraordinary aggravation of all conditions which took place toward the end of the war4 ,this weighs more than what ,speer did--the nonexecution of some insane orders which ,hitler issued at the end of the war in #aide4 ,this consideration too should have led the ,tribunal to a much less severe sentence4 ,the fact that this was not taken into consideration is therefore made a part of this petition4 7,signed7 ,,dr4 ,,bergold ,b4 ,petition to the ,supreme ,court of the ,united ,states for ,writ of ,habeas ,corpus ,erhard ,milch1 ,petitioner vs4 ,united ,states of ,america ,nuernberg1 #b ,may #aidg ,,in ,,the ,,supreme ,,court ,,of ,,the ,,united ,,states ,application for ,leave to ,file ,petition for ,writ of ,habeas ,corpus ,petition for ,writ of ,habeas ,corpus ,i1 the undersigned ,erhard ,milch1 have been charged in ,case ,no4 ,,ii before the ,military ,court ,no4 ,,ii ,nuernberg of illegally1 deliberately1 and intentionally having committed war crimes and crimes against humanity1 as defined in ,control ,council ,law ,no4 #aj ,article ,,ii1 viz4 the following3 ,count ,one of the ,indictment4 ,war crimes1 including murder1 slave labor1 deportation of the civilian population for slave labor1 cruel and inhuman treatment of foreign workers1 and the employment of prisoners of war by force and duress in actions connected with warfare4 ,count ,two of the ,indictment4 ,war crimes1 including murder1 whereby involuntary victims were exposed to sub-pressure and cold1 experiments resulting in torture and death4 ,count ,three of the ,indictment4 ,crimes against humanity1 including murder and the unlawful acts listed in counts one and two of the indictment1 committed against ,germans and foreigners4 7page #b of original7 ,i have been acquitted on count ,,ii of the indictment and found guilty by the sentence passed by the ,military ,court ,,ii on #af_/ag ,april #aidg in respect of counts ,i and ,,iii of the indictment1 and am condemned therefore to lifelong imprisonment4 ,i hereby make application for the sentence of the ,military ,court ,,ii passed on #af_/ag ,april #aidg to be completely quashed1 as being inadmissible according to ,articles #fc and #fd of the ,geneva ,convention of #aibi4 ,substantiation ,decree ,no4 #g of the ,military ,government of ,germany concerning the constitution and competency of certain military courts1 constitutes a violation of ,article #fc of the ,geneva ,convention of #aibi1 insofar as ,decree ,no4 #g is applied to prisoners of war as well1 and in its ,article ,,ii appoints special courts for passing sentences on prisoners of war4 ,article #fc of the ,geneva ,convention of #aibi lays down1 8,sentence against a prisoner of war may only be passed by the same courts and according to the same procedure as a sentence against persons belonging to the fighting forces of the country where he is a prisoner04 ,a field marshal is equal to a five-star general of the ,united ,states of ,america4 ,the present ,court consisted of three judges1 of which not one has the military rank which ,i have4 ,it therefore does not correspond to the court which1 according to the laws of the ,united ,states of ,america1 could pass sentence on a five-star general4 ,the authority of the present ,court is1 however1 expressly recognized by me4 ,furthermore1 ,decree ,no4 #g of the ,military ,government of ,germany constitutes a violation in ,article ,,xv of ,article #fd of the ,geneva ,convention of #aibi1 because ,article ,,xv declares the sentence of the court in finding the defendant guilty1 to be final and incontestable4 ,article #fd of the ,geneva ,convention of #aibi stipulates that prisoners of war must be allowed to employ the same legal means against a verdict as are granted to members of the fighting forces 7page #c of original7 of the country where they are detained4 ,the rules laid down by the ,geneva ,convention of #aibi represent compulsory international law of a universal character and cannot be altered either by a signatory power alone or by an agreement between several signatory powers1 but only by the consent of all signatory powers4 ,in no case may they be altered by a decree of ,military ,government1 not even by a decree of the ,control ,council4 ,the rights of a prisoner of war1 which are based upon the regulations of the ,geneva ,convention of #aibi1 can neither be waived nor cancelled4 ,the violation of the regulations of the ,geneva ,convention has now come about with the passing of sentence and the now existing restrictions placed in the way of contesting the verdict1 not already by the trial as such4 ,i am still a prisoner of war4 ,i have not been released from captivity4 ,i am therefore still under the protection of the ,geneva ,convention1 the same as before4 ,the violation of the ,geneva ,convention is all the more serious1 in that ,i am still a prisoner of war of the ,british4 ,true1 the defense counsel was told at the beginning of the trial in reply to an express question1 that my transfer to the jurisdiction of the ,united ,states of ,america was already effected1 but it was not proved until the conclusion of the passing of sentence4 ,that should have been absolutely necessary4 ,after the serving of the indictment and the beginning of the actual trial1 an attempt was made on #d ,january #aidg to gain my veiled consent to my release without saying anything1 whereby ,i was asked to accept release money4 ,on the receipt1 however1 ,i expressly noted1 8,without recognizing my release04 ,i declared that release by ,american officers was not 7page #d of original7 permissible at that moment and moreover a ,german field marshal could not be released in any case under existing ,german law4 ,after this explanation on my part1 the ,american major conducting the proceedings revealed to me that another separate release proceeding would have to be carried out against me then4 ,thereby it is clear that ,i am still a prisoner of war today4 ,at any rate1 ,i was when the trial begun and therefore in accordance with ,article #fj of the ,geneva ,convention the protecting power for ,german prisoners of war1 viz41 ,switzerland1 should have been informed of the proceedings4 ,this too constitutes a violation of the ,geneva ,convention of #aibi4 ,if the public prosecution authorities1 however1 were to refer to the fact that ,i was released after the trial had begun1 then they should be confronted with the assertion that such a release is invalid4 ,it would represent nothing but an evasion of the regulations of the ,geneva ,convention of #aibi4 ,i was not set at large for a single day4 ,but that is demanded by a release from captivity as a prisoner of war4 ,a release from captivity as a prisoner of war while maintaining captivity would be a release in fraudem legis4 ,therefore the sentence constitutes a violation of international law4 ,at the same time this violation is also a violation of the ,habeas ,corpus ,act4 ,none1 under whatever pretext1 may be deprived of the rights of legal proceedings and of a legal judge4 ,i therefore request the ,supreme ,court in ,washington to examine whether the ,decree ,no4 #g of the ,military ,government of ,germany may be applied in my case1 and whether1 with due regard to the regulations of ,article #fj-fe of the ,geneva ,convention1 the present ,military ,court ,,ii 7page #e of original7 ,nuernberg was in a position to pass sentence on me4 ,furthermore ,i enclose a copy of my petition to the ,governor-,general ,military ,governor of ,u4 ,s4 ,zone of ,occupation4 ,signed ,,erhard ,,milch ,note3 ,another petition with the same text was submitted to the ,united ,states ,supreme ,court by ,dr4 ,bergold1 ,defense ,counsel4 ,,ix4 ,,affirmation ,,of ,,sentence ,,by ,,the ,,military ,,governor ,,of ,,the ,,united ,,states ,,zone ,,of ,,occupation ,military ,tribunal ,,ii1 ,case ,no4 #b ,in the ,case of ,the ,united ,states of ,america vs4 ,erhard ,milch1 ,defendant ,order with ,respect to ,sentence ,in the case of the ,united ,states of ,america against ,erhard ,milch1 tried by ,united ,states ,military ,tribunal ,,ii1 ,case #b1 ,nuernberg1 ,germany1 the defendant on #ag ,april #aidg was sentenced by the ,tribunal to be transported to the ,rebdorf ,prison and there confined for the remainder of his natural life4 ,a petition to modify the sentence1 filed on behalf of the defendant by ,dr4 ,friedrich ,bergold1 his defense counsel1 has been referred to me pursuant to delegation by the ,military ,governor under the provisions of ,article ,,xxiii of ,military ,government ,ordinance ,no4 #g and paragraph #f;b of ,regulation ,no4 #a under said ,ordinance4 ,i have duly considered the petition and the record of the trial1 and in accordance with ,article ,,xvii of said ,ordinance and paragraph #f;b of said ,regulation it is hereby ordered that-- ,the sentence imposed by ,military ,tribunal ,,ii1 upon ,erhard ,milch be1 and hereby is1 in all respects affirmed4 ,signed ,,frank ,a4 ,,keating ,,frank ,a4 ,,keating ,major ,general ,,usa ,deputy ,military ,governor #ag ,june #aidg ,x4 ,,order ,,of ,,the ,,united ,,states ,,supreme ,,court1 #bj ,,october #aidg1 ,,denying ,,writ ,,of ,,habeas ,,corpus ,present3 ,mr4 ,chief ,justice ,vinson1 ,mr4 ,justice ,black1 ,mr4 ,justice ,reed1 ,mr4 ,justice ,frankfurter1 ,mr4 ,justice ,douglas1 ,mr4 ,justice ,murphy1 ,mr4 ,justice ,jackson1 ,mr4 ,justice ,rutledge1 and ,mr4 ,justice ,burton4 ,no4 #ej1 ,misc4 ,erhard ,milch1 petitioner1 vs4 ,the ,united ,states of ,america4 ,the motion for leave to file petition for writ of habeas corpus is denied4 ,mr4 ,justice ,black1 ,mr4 ,justice ,douglas1 ,mr4 ,justice ,murphy1 and ,mr4 ,justice ,rutledge are of the opinion that the petition should be set for hearing on the question of the jurisdiction of this ,court4 ,mr4 ,justice ,jackson took no part in the consideration or decision of this application4 ,,appendix ,list of ,witnesses in ,case #b ,,note4--,with the exception of ,constantin von ,neurath1 ,erich ,raeder1 and ,albert ,speer1 all witnesses in this case appeared before the ,tribunal4 ,prosecution witnesses are designated by the letter 8,p10 defense witnesses by the letter 8,d01 ,tribunal witness by the letter 8,t04 ,the name not preceded by any designation represents the defendant testifying in his own behalf4 ,extracts from testimony in this ,case are listed in the index of documents and testimonies4 ,name ,date of ,testimony ,pages 7mimeographed transcript7 ,d ,,alexander1 ,dr4 ,leo #ad ,feb #dg #ajgd-ajib ,d ,,becker-,,freyseng1 ,hermann #ad ,feb #dg #ajfa-ajff ,d ,,brandt1 ,rudolf #bd ,feb #dg #accj-aced ,d ,,brauchitsch1 ,berndt von #bj ,feb #dg #abga-abhi ,d ,,dorsch1 ,xaver #bd ,feb #dg #acfa-acgi ,d ,,engel1 ,gerhard #bd ,feb #dg #acee-acfa ,d ,,eschenauer1 ,artur #ac ,feb #dg #ihj-iif ,d ,,felmy1 ,helmut #bj ,feb #dg #abij-abif ,p ,,ferrier1 ,roland #e1 #f ,mar #dg #adha-aedh ,d ,,foerster1 ,helmut #ab ,feb #dg #iae-ich ,d ,,hertel1 ,walter #ab ,feb #dg #idd-igi ,d ,,hippke1 ,erich #g1 #aa ,feb #dg #gei-hgj ,d ,,koenig1 ,max #ag ,feb #dg #aahi-abjd ,d ,,koerner1 ,paul #e ,feb #dg #feb-gaj ,p ,,krysiak1 ,joseph #ba ,mar #dg #bcfb-bcgf ,p ,,le ,,friec1 ,paul #f ,mar #dg #aeej-aehd ,t ,,lichtenstein1 ,walter #c ,mar #dg #adbh-adcb ,,milch1 ,erhard #aa1 #ab1 #ac1 #ad1 #ag1 #ah1afif-bbgf #ai1 #bj ,mar #dg ,d ,,neff1 ,walter #ab ,feb #dg #ici-idc ,d ,,neurath1 ,constantin von #ai ,feb #dg #addj-addc ,d ,,pendele1 ,max #ah ,feb #dg #abje-abbg ,d ,,raeder1 ,erich #d ,mar #dg #adcd-adci ,d ,,reinecke1 ,hermann #bj ,mar #dg #bbgg-bbhg ,d ,,richter1 ,karl ,eitel #aa ,feb #dg #hga-ijj ,d ,,roeder1 ,manfred #c ,mar #dg #acha-adjc ,d ,,romberg1 ,hans ,wolfgang #ad ,feb #dg #ajba;,a-#ajej ,d ,,ruff1 ,siegfried #ad1 #ag ,feb #dg #ajib-aabb ,d ,,schmelter1 ,fritz #f1 #g ,feb #dg #gag-gei ,d ,,schniewind1 ,otto #bd ,feb #dg #acjg-acbi ,d ,,schroeder1 ,oskar 7withdrawn7 ,d ,,sievers1 ,wolfram #ad ,feb #dg #ajej-ajeg ,d ,,speer1 ,albert #ag1 #ai ,feb #dg #aacf-aahf2 #adde-adeg ,d ,,vorwald1 ,wolfgang #aj1 #aa1 #bj1 #ba ,mar #dg #aehf-afif2 #bbhg-bcdj ,d ,,warlimont1 ,walter #bj ,feb #dg #abif-abii ,d ,,weltz1 ,georg ,august #ad ,feb #dg #ajff-ajgb ,d ,,wolff1 ,karl #ah ,feb #dg #abbh-abfh ,,index ,,of ,,documents ,,and ,,testimony ,document ,no4 ,exhibit ,no4 ,description ,page ,,ec-#fh ,pros4 ,ex4 #f ,letter from the ,ministry of ,finance #chi and ,economics of ,baden1 #f ,march #aida1 containing directives regarding the treatment of ,polish farm workers4 ,,ec-#aid ,pros4 ,ex4 #h ,memorandum of ,keitel1 #ca ,october #aida1 #cic concerning the use of ,,pw's in the armament industry4 ,f-#hbd ,pros4 ,ex4 #eg ,order of ,field ,marshal von ,kluge #edb regarding compulsory recruitment of labor in the ,west1 #be ,july #aidd4 ,l-#fa ,pros4 ,ex4 #bj ,letter from ,sauckel to the presidents #dac of ,labor ,offices1 #bf ,november #aidb1 concerning deportation and employment of ,poles and ,jews4 ,l-#gi ,pros4 ,ex4 #c ,extract from minutes of ,fuehrer #chg conference1 #bc ,may #aici4 ,,ni-#ajih ,pros4 ,ex4 #fc ,extracts from affidavit of ,fritz #def ,sauckel1 #bb ,september #aidf1 regarding the jurisdiction of the ,central ,planning ,board4 ,,no-#bai ,pros4 ,ex4 #hc ,letter from ,dr4 ,rudolf ,brandt to ,dr4 #fbf ,rascher1 #bg ,april #aidb1 concerning medical experiment report for ,himmler and ,milch4 ,,no-#bfa ,pros4 ,ex4 #hi ,letter from ,milch to ,dr4 ,hippke1 #d #fbf ,june #aidb1 concerning availability of low pressure air chamber for experiments4 ,,no-#bfb ,pros4 ,ex4 #aai ,letter from ,dr4 ,hippke to ,,ss #fca ,obergruppenfuehrer ,wolff1 #f ,march #aidc1 concerning ,rascher's transfer to the ,waffen ,,ss4 ,,nokw-#jag ,pros4 ,ex4 #ed ,extracts from the minutes of the #ebg conference with ,air ,force ,engineers and ,chief ,quartermasters under chairmanship of ,milch1 #be ,march #aidd4 ,,nokw-#jda ,pros4 ,ex4 #aac ,sworn statement by ,hermann ,goering1 #bg #fbe ,september #aidf1 concerning ,milch's position as ,inspector ,general of the ,luftwaffe4 ,,nokw-#ahj ,pros4 ,ex4 #aee ,extracts from stenographic notes on #fac the conference at the ,reich ,marshal's on ,thursday1 #d ,november #aidc1 #aa o'clock at the ,junkers ,plant in ,dessau4 ,,nokw-#aie ,pros4 ,ex4 #adc ,extracts from stenographic minutes of #fjh conference with ,goering1 #bh ,october #aidc4 ,,nokw-#bde ,pros4 ,ex4 #aeg ,extracts from stenographic minutes of #fjf conference with ,goering1 #bb ,february #aidc1 regarding plans for airplane construction4 ,,nokw-#bdg ,pros4 ,ex4 #fa ,appointment of ,field ,marshal ,milch as #edj ,goering's plenipotentiary for the intensification of air force armament in ,june #aidd4 ,,nokw-#bfa ,pros4 ,ex4 #gj ,chart of the organization of the #ece ,jaegerstab drawn by ,saur with letter of transmittal to prosecution staff1 #ad ,november #aidf4 ,,nokw-#bff ,pros4 ,ex4 #gf ,affidavit of ,fritz ,schmelter1 #ai #eei ,november #aidf1 concerning the organization of the ,jaegerstab4 ,,nokw-#bfi ,pros4 ,ex4 #ei ,a short curriculum vitae of ,field #fcc ,marshal ,erhard ,milch4 ,,nokw-#bhf ,pros4 ,ex4 #add ,extracts from stenographic minutes of #fje ,,gl-,conference1 #a ,september #aidb4 ,,nokw-#bhg ,pros4 ,ex4 #di ,letter from ,milch to ,sauckel1 #h ,april #dii #aidc1 concerning the protection of industry4 ,,nokw-#caa ,pros4 ,ex4 #fb ,extract from interrogation of ,hermann #eig ,goering on #f ,september #aidf1 regarding ,milch's position as ,generalluftzeugmeister 7,,gl74 ,,nokw-#cbj ,pros4 ,ex4 #gc ,extract from interrogation of ,karl #eeh ,otto ,saur on #ac ,november #aidf1 concerning the use of concentration camp prisoners in ,jaegerstab construction4 ,,nokw-#ccd ,pros4 ,ex4 #ge ,extract from transcript of #eej stenographic minutes of the ,jaegerstab ,conference of #be ,april #aidd4 ,,nokw-#ccd ,def4 ,ex4 #af ,extracts from stenographic minutes of #efd the ,jaegerstab ,conference1 #be ,april #aidd4 ,,nokw-#ccf ,pros4 ,ex4 #ge ,extracts from transcript of #eee stenographic minutes of the ,jaegerstab ,conference on #bf ,may #aidd4 ,,nokw-#ccf ,def4 ,ex4 #bc ,excerpts from the stenographic minutes #eff of the ,jaegerstab ,conference on ,friday1 #bf ,may #aidd1 at #aj3jj o'clock4 ,,nokw-#ccg ,pros4 ,ex4 #ge ,extracts from transcript of #edd stenographic minutes of the ,jaegerstab ,conference of #f ,march #aidd4 ,,nokw-#ccg ,def4 ,ex4 #ab ,excerpts from the stenographic minutes #efa of the ,jaegerstab ,conference on #f ,march #aidd in the ,reich ,air ,ministry4 ,,nokw-#cch ,pros4 ,ex4 #ge ,extracts from transcript of #ede stenographic minutes of the ,jaegerstab ,conference on ,friday1 #ag ,march #aidd4 ,,nokw-#cch ,def4 ,ex4 #ac ,excerpts from the stenographic minutes #efb of the ,jaegerstab ,conference presided over by ,field ,marshal ,milch on ,friday1 #ag ,march #aidd1 #aajj hours1 in the ,reich ,air ,ministry4 ,,nokw-#cdf ,pros4 ,ex4 #ge ,extracts from transcript of #edf stenographic minutes of the ,jaegerstab ,conference under chairmanship of ,field ,marshal ,milch on ,monday1 #bj ,march #aidd4 ,,nokw-#cei ,pros4 ,ex4 #ge ,extracts from transcript of #eeg stenographic minutes of the ,jaegerstab ,conference on #bg ,june #aidd4 ,,nokw-#cfa ,pros4 ,ex4 #ge ,extract from transcript of #eed stenographic minutes of the ,jaegerstab ,conference during the #fth journey of the 8,hubertus ,undertaking0 from #h-aj ,may #aidd4 ,,nokw-#cfb ,pros4 ,ex4 #ge ,extracts from transcript of #eeb stenographic minutes of ,jaegerstab ,conference on the occasion of the #eth trip of the 8,hubertus ,undertaking01 #b and #c ,may #aidd4 ,,nokw-#cfe ,def4 ,ex4 #ae ,extract from the stenographic minutes #efc of the ,jaegerstab ,conference1 #ab ,april #aidd4 ,,nokw-#chh ,pros4 ,ex4 #ge ,extracts from transcript of #edg stenographic minutes of the ,jaegerstab ,conference of #bh ,march #aidd4 ,,nokw-#cij ,pros4 ,ex4 #ge ,extract from transcript of #eec stenographic minutes of the ,jaegerstab ,conference of #d ,may #aidd4 ,,nokw-#djf ,pros4 ,ex4 #ach ,extracts from stenographic minutes of #eii the ,,gl-,conference1 #g ,july #aidb4 ,,nokw-#djg ,pros4 ,ex4 #acg ,extracts from stenographic minutes of #eii ,,gl-,conference1 #bg ,may #aidb4 ,,nokw-#djh ,pros4 ,ex4 #aci ,extracts from stenographic minutes of #fjj ,,gl-,conference1 #bh ,july #aidb4 ,,nokw-#dji ,pros4 ,ex4 #adj ,extracts from stenographic minutes of #fja ,,gl-,conference1 #d ,august #aidb4 ,,nokw-#dab ,pros4 ,ex4 #ada ,extracts from stenographic minutes of #fjb ,,gl-,conference1 #ah ,august #aidb4 ,,nokw-#daf ,pros4 ,ex4 #adb ,extracts from stenographic minutes of #fjb ,,gl-,conference1 #bf ,august #aidb4 ,,nokw-#dah ,pros4 ,ex4 #acf ,extracts from stenographic minutes of #eih ,,gl-,conference1 #e ,may #aidb4 ,,nokw-#ddb ,pros4 ,ex4 #ge ,extract from transcript of #eed stenographic minutes of the ,jaegerstab ,conference on #e ,may #aidd4 ,,nokw-#ddb ,def4 ,ex4 #ba ,extract from the stenographic minutes #efe of the ,jaegerstab ,conference1 #e ,may #aidd4 ,,nokw-#ddi ,pros4 ,ex4 #adh ,extracts from stenographic minutes of #fjg ,,gl-,conference1 #b ,march #aidc4 #jaf-,,ps ,pros4 ,ex4 #ac ,letter from ,sauckel to ,rosenberg1 #bd #dje ,april #aidb1 and extracts from report on ,sauckel's labor mobilization program1 #bj ,april #aidb4 #jhd-,,ps ,pros4 ,ex4 #af-;,a ,extracts from interdepartmental report #djh of the ,ministry for ,occupied ,eastern ,territories1 #cj ,september #aidb1 concerning the status of ,eastern laborers4 #bjd-,,ps ,pros4 ,ex4 #ci ,extracts from memorandum of a #dbd conference1 #ah ,february #aidd1 concerning the release of indigenous labor for purposes of the ,reich4 #bjh-,,ps ,pros4 ,ex4 #ee ,report by ,sauckel1 #g ,july #aidd1 on the #dbh accomplishments of labor mobilization in the first half of #aidd4 #bfe-,,ps ,pros4 ,ex4 #ce ,extracts from report by ,leyser to #dbc ,rosenberg1 #cj ,june #aidc1 on conditions in the district ,zhitomir4 #bid-,,ps ,pros4 ,ex4 #ai-;,a ,extracts from top secret memorandum1 #daa signed by ,braeutigam1 #be ,october #aidb1 concerning effects of slave labor program4 #djg-;,,ii-,,ps ,def4 ,ex4 #c ,report from ,sauckel to ,hitler1 #aj #dci ,march #aidc1 concerning difficulties originating from the draft of manpower in former ,soviet territories4 #djg-,v-,,ps ,pros4 ,ex4 #cj ,extracts from letter from ,sauckel to #dah ,hitler1 #ad ,april #aidc1 concerning labor questions4 #djg-;,,ix-,,ps ,pros4 ,ex4 #cc ,letter from ,sauckel to ,hitler1 #c ,june #dbj #aidc1 concerning foreign labor situation4 #ajfc-;,d-,,ps ,pros4 ,ex4 #ba ,extract from order of ,mueller1 #ag #dae ,december #aidb1 concerning prisoners qualified for work to be sent to concentration camps4 #abjf-,,ps ,pros4 ,ex4 #i ,outlines of directives of ,goering #cie regarding the employment of ,,pw's in the armament industry1 #g ,november #aida4 #aeaj-,,ps ,pros4 ,ex4 #eh ,extracts from decree of #af ,september #dej #aidc1 defining the duties of the ,planning ,office of the ,central ,planning ,board4 #aebf-,,ps ,pros4 ,ex4 #be ,extracts from letter from #daf ,german-appointed ,ukrainian main committee to ,frank1 ,february #aidc4 #aehd-;,,iii-,,ps ,pros4 ,ex4 #ga ,correspondence between ,himmler and #ecg ,goering1 #i ,march #aidd1 concerning the use of concentration camp prisoners in the aircraft industry4 #afjg-;,a-,,ps ,pros4 ,ex4 #aae ,letter from ,himmler to ,milch1 #be #fbh ,august #aidb1 concerning ,dr4 ,rascher's report on high-altitude experiments4 #afjg-;,b-,,ps ,pros4 ,ex4 #aae ,letter from ,dr4 ,rascher to ,dr4 ,brandt1 #fbg #bj ,july #aidb1 concerning report on high-altitude experiments4 #afag-,,ps ,pros4 ,ex4 #aaa ,letter from ,himmler to ,milch1 #ac #fbi ,november #aidb1 concerning ,rascher's transfer to the ,waffen ,,ss4 #cjjj-,,ps ,pros4 ,ex4 #cd ,extracts from report rendered to #dbb ,riecke1 ,ministerialdirektor in the ,ministry of ,agriculture1 #bh ,june #aidc1 on experiences in political and economic problems in the ,east4 #cjje-,,ps ,pros4 ,ex4 #g ,extracts from letter from the ,reich #cib ,labor ,ministry to presidents of ,regional ,labor ,offices1 #bf ,august #aida1 concerning the use of ,french and ,russian ,,pw's4 #cjdj-,,ps ,pros4 ,ex4 #aj ,extracts from secret order of ,himmler1 #cii #bj ,february #aidb1 concerning the commitment and treatment of manpower from the ,east4 #cgba-,,ps ,pros4 ,ex4 #da-;,a ,testimony of ,fritz ,sauckel1 #bb #deb ,september #aide1 regarding the jurisdiction of the ,central ,planning ,board4 #chai-,,ps ,pros4 ,ex4 #ef ,minutes of a conference on #aa ,july #dcj #aidd attended by ,milch1 concerning the labor problem4 ,r-#ajc ,pros4 ,ex4 #dj ,extracts from a letter from the #dbf 7,german-appointed7 ,polish main committee to the ,general ,government of ,poland on the conditions of ,polish workers in ,germany1 #ag ,may #aidd4 ,r-#abd ,pros4 ,ex4 #dh-;,b ,stenographic record of the first #ddg conference of the ,central ,planning ,board on #bg ,april #aidb4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from report on the eleventh #deg conference of the ,central ,planning ,board1 #bb ,july #aidb4 ,r-#abd ,def4 ,ex4 #e ,extract from the stenographic report #eji of the eleventh conference of the ,central ,planning ,board1 #bb ,july #aidb4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from report on the #dei seventeenth conference of the ,central ,planning ,board1 #bh ,october #aidb4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from stenographic minutes of #dfa twenty-first conference of ,central ,planning ,board1 #cj ,october #aidb4 ,r-#abd ,def4 ,ex4 #f ,extract from the stenographic minutes #eaj of the twenty-second conference of the ,central ,planning ,board1 #b ,november #aidb4 ,r-#abd ,pros4 ,ex4 #dh-;,b ,extracts from stenographic minutes of #dfe the twenty-third conference of the ,central ,planning ,board1 #c ,november #aidb4 ,r-#abd ,def4 ,ex4 #g ,extract from the stenographic minutes #eaj of the thirty-second conference of the ,central ,planning ,board1 #ab ,february #aidc4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from stenographic minutes of #dfg the thirty-third conference of the ,central ,planning ,board1 #af ,february #aidc4 ,r-#abd ,def4 ,ex4 #h ,extract from the stenographic minutes #eaa of the thirty-third conference of the ,central ,planning ,board1 #af ,february #aidc4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from stenographic minutes of #dga the thirty-sixth conference of the ,central ,planning ,board1 #bb ,april #aidc4 ,r-#abd ,def4 ,ex4 #i ,extract from stenographic minutes of #eaf the thirty-ninth conference of the ,central ,planning ,board1 #bc ,april #aidc4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,report of the forty-second conference #dge of the ,central ,planning ,board1 #bc ,june #aidc4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from stenographic minutes of #dgh the fifty-third conference of the ,central ,planning ,board1 #af ,february #aidd4 ,r-#abd ,pros4 ,ex4 #dh-;,b ,report on the fifty-third conference #dgi of the ,central ,planning ,board1 #af ,february #aidd4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extracts from the stenographic minutes #dhd of the fifty-fourth conference of the ,central ,planning ,board1 #a ,march #aidd4 ,r-#abd ,def4 ,ex4 #ca ,extracts from the stenographic minutes #eag of the fifty-fourth conference of the ,central ,planning ,board1 #a ,march #aidd4 ,r-#abd ,pros4 ,ex4 #dh-;,d ,extracts from the report on the #dih fifty-sixth conference of the ,central ,planning ,board1 #d ,april #aidd4 ,r-#abd ,def4 ,ex4 #a ,extract from report on ,fuehrer #dch conference attended by ,milch on #ai ,february #aidb4 ,r-#abd ,def4 ,ex4 #cb ,extract from the ,fuehrer conference #dch minutes1 #ba and #bb ,april #aidb4 ,r-#abd ,pros4 ,ex4 #dh-;,b ,letter of #bj ,october #aidb transmitting #ddh the statutes of the ,central ,planning ,board4 ,r-#abd ,def4 ,ex4 #b ,extract from the ,fuehrer conference #dci minutes of #c1 #d1 #e ,january #aidc4 ,r-#abd ,def4 ,ex4 #cc ,extract from report on ,fuehrer #dda conference of #cj ,may #aidc4 ,r-#abd ,pros4 ,ex4 #abd ,speer's minutes of a conference with #eja ,hitler on #h ,july #aidc4 ,r-#abd ,def4 ,ex4 #d ,extract from report of ,fuehrer #ddb conference of #aa-ab ,september #aidc4 ,r-#abd ,def4 ,ex4 #cd ,extract from ,fuehrer conference of #a-d #ddc ,january #aidd1 concerning ,speer's report on the ,french labor situation4 ,r-#abd ,pros4 ,ex4 #dh-;,a ,extract from the report by ,saur of the #ejb conference with the ,fuehrer1 #e ,march #aidd4 ,r-#abd ,pros4 ,ex4 #dh-;,e ,extracts from the minutes of #eci discussions between ,saur and the ,fuehrer1 #f and #g ,april #aidd4 ,speer ,ex4 #cd ,def4 ,ex4 #ag ,order of ,hitler1 #ba ,april #aidd1 #efj delegating to ,dorsch authority for ,jaegerstab constructions4 ,,testimonies ,excerpts from the testimony of defendant ,milch #fce ,extracts of testimony of defense witness ,fritz ,schmelter #efg ,extracts of testimony of defense witness ,xaver ,dorsch #ehc ,extracts from testimony of defense witness ,max ,koenig #fae ,excerpts from the testimony given by defense witness ,albert ,speer #ejb before ,commission on #ai ,february #aidg ,,transcriber ,,notes ,punctuation and spelling has been maintained except where obvious printer errors have occurred such as missing periods or commas for periods4 ,american spelling occurs throughout the document4 ,multiple occurrences of the following spellings which differ and are found throughout this volume are as follows3 border line borderline front line front-line ,jewish ,bolshevik ,jewish-,bolshevik ,fraeulein ,frau ,although some sentences may appear to have incorrect spellings or verb tenses1 the original text has been maintained as it represents what the tribunal read into the record and reflects the actual translations between the ,german1 ,english1 ,russian and ,french documents presented in the trial7s74 ,this volume had no ,german1 ,polish1 ,russian or other eastern ,european diacritics1 only ,french diacritics4 ,as a result1 ,goering and ,fuehrer are spelled without umlauts throughout4 ,an attempt has been made to produce this ebook in a format as close as possible to the original document's presentation and layout4 ,some illustrations were moved to facilitate page layout4 ,the end of ,trials of ,war ,criminals before the ,nuernberg ,military ,tribunals under ,control ,council ,law ,no4 #aj 7,oct #aidf-;,apr #aidi7 7,vol4 #b71 by ,anonymous4