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TRIAL OF ULRICH GREIFELT AND OTHERS

UNITED STATES MILITARY TRIBUNAL, NURBMBERG,

10TH OCTOBER, 1947-10TH MARCH, 1948

Part I

Part I  Part II  Part III Part IV  Part V  Part VI

Criminal nature of racial persecutions-Genocide-Membership of Criminal Organisations-Plea concerning annexed territory.

Ulrich Greifelt and the other accused in this trial were involved in various capacities in the carrying out of the Nazi racial policy in countries occupied by Germany, mainly in East and South-East European countries. They were leading members of four organisations to which racial tasks were assigned : the Main Staff Office (Stabshauptamt) of the Reichs Commissioner for the Strengthening of Germanism (Reichskommissar fuer die Festigung des Deutschen Volkstums), commonly known as “ RKFDV ” ; the SS. Main Race and Settlement Office (Rasse-und Siedlungshauptamt) commonly known as “ RUSHA ” ; the Repatriation Office for Ethnic Germans (Volksdeutsche Mittelstelle), commonly known as “ VOMI ” and the Well of Life Society (Lebensborn).

The accused were charged with committing, in pursuance of a systematic programme of genocide, crimes against humanity and also war crimes between September, 1939, and April, 1945, as individual perpetrators. All of them, but one, were also charged with membership of criminal organisations, as defined in the Judgment of the Nuremberg International Military Tribunal.

One accused was found not guilty and acquitted, and the remaining thirteen were held guilty of crimes against humanity, war crimes, membership of criminal organisations, or of one or more of the foregoing three counts. Sentences pronounced ranged from 25 years’ down to several periods of less than 3 years’ imprisonment.

The essence of the charges and convictions was that the above crimes were committed in furtherance of and as an integral part of the Nazi racial ideology and policy. The

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trial therefore dealt with the main body of racial persecutions which distinguished so conspicuously the Nazi regime inside the Third Reich and in all countries invaded and occupied by Germany, during the war of 1939-1945. It is of the utmost importance both as a record of events and facts of an unparalleled nature in modern history and as a piece of jurisprudence applying the ever developing rules of international penal law.

A. OUTLINE OF THE PROCEEDINGS

1. THE INDICTMENT

The accused named in the Indictment were the following : Ulrich Greifelt, Rudolf Creutz, Konrad Meyer-Hetling, Otto Schwarzenberger, Herbert Huebner, Werner Lorenz, Heinz Brueckner, Otto Hofmann, Richard Hild-brandt, Fritz Schwalm, Max Sollmann, Gregor Ebner, Guenther Tesch and Inge Viemetz. Their official positions are described elsewhere.

The Indictment submitted against them contained three counts. The first two charged the commission of crimes against humanity and war crimes respectively, as defined in Law No. 10 of the Allied Control Council for Germany (Footnote 1: Regarding this Law and other rules relating to United States Military Tribunals, see Vol III of this series, pp. 113-120), including “ murders, brutalities, cruelties, tortures, atrocities, deportation, enslavement, plunder of property, persecutions and other inhumane acts.” The third count charged membership of criminal organ-isations under the terms of the same law and in consequence of the declarations made by the Nuremberg International Military Tribunal.

Count One charged the commission of Crimes against Humanity in respect of “ civilian populations, including German civilians and nationals of other countries, and against prisoners of war.” It was couched in the following terms :

“ 1. Between September, 1939, and April, 1945, all the defendants herein committed Crimes against Humanity as defined by Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organisations or groups connected with : atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, persecutions on political, racial and religious grounds, and other inhumane and criminal acts against civilian populations, including German civilians and nationals of other countries, and against prisoners of war. “

2. The acts, conduct, plans and enterprises charged in Paragraph 1 of this Count were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups, in part by murderous extermination, and in part by elimination and suppression of national characteristics. The object of this program was to strengthen the German nation and the so-called ‘ Aryan ’ race at the expense of

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such other nations and groups by imposing Nazi and German characteristics upon individuals selected therefrom (such imposition being hereinafter called ‘ Germanization ‘) ; and by the extermination of ‘ undesirable ’ racial elements. This program was carried out in part by

(a) Kidnapping the children of foreign nationals in order to select for Germanization those who were considered of ‘ racial value ’ ;

(b) Encouraging and compelling abortions on Eastern workers for the purposes of preserving their working capacity as slave labour and weakening Eastern nations ;

(c) Taking away, for the purpose of exterminating or Germanization, infants born to Eastern workers in Germany ;

(d) Executing, imprisoning in concentration camps, or Germanizing Eastern workers and prisoners of war who had had sexual intercourse with Germans, and imprisoning the Germans involved ;

(e) Preventing marriages and hampering reproduction of enemy nationals ;

(f) Evacuating enemy populations from their native lands by force and resettling so-called ‘ ethnic Germans ’ (Volksdeutsche) on such lands ;

(g) Compelling nationals of other countries to perform work in Germany, to become members of the German community, to accept German citizenship, and to join the German Armed Forces, the Waffen-SS, the Reich Labour Service and similar organisations.

(h) Plundering public and private property in Germany and in the incorporated and occupied territories, e.g., taking church property, real estate, hospital apartments, goods of all kinds, and even personal effects of concentration camp inmates, and

(i) Participating in the persecution and extermination of Jews.”

Count Two dealt with War Crimes committed against “ prisoners of war and civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by, Germany.” It reads :

“ Between September 1939 and April 1945, all the defendants herein committed War Crimes, as defined by Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organisations or groups connected with : atrocities and offenses against persons and property constituting violations of the laws and customs of war, including but not limited to, plunder of public and private property, murder, extermination, enslavement, deportation, imprisonment, torture, and ill-treatment of and other inhumane acts against thousands of persons. These crimes embraced, but were not limited to, the particulars set out in Paragraphs 11-21, inclusive, of this Indictment, which are incorporated herein by reference, and were committed against prisoners of war and civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by, Germany.

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“ The acts and conduct of the defendants set forth in this Count were committed unlawfully, wilfully, and knowingly, and constitute violations of international conventions, including the Articles of the Hague Regulations, 1907, and of the Prisoner of War Convention (Geneva, 1929), enumerated in Paragraph 23 of this Indictment, of the laws and customs of war, of the general principles of criminal law as derived from the criminal laws of all civilised nations, of the internal penal laws of the countries in which such crimes were committed, and of Article II of Control Council Law No. 10.”

Count Three charged the accused with membership of criminal organisations in the following terms :

“ All the defendants herein except defendant Viermetz, are charged with membership, subsequent to September 1, 1939, in the Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the ‘ SS ‘), declared to be criminal by the International Military Tribunal and Paragraph 1 (d) of Article II of Control Council Law No. 10.” .

2. THE EVIDENCE BEFORE THE TRIBUNAL

(i) Organisations Involved and Official Positions of the accused

The evidence brought before the Tribunal showed that all the accused were officials of the four organisations described in the Indictment, and that the offences proved against them were committed by them in the above capacities.

The Main Staff Office of the Reichscommissioner for the Strengthening of Germanism was the relevant directing body. It operated under the supervision of Heinrich Himmler, Reichsfuehrer of the S.S. and Chief of the Nazi Police. It was responsible for, among other things, bringing “ ethnic Germans ” into Germany, evacuating non-Germans from desirable areas in foreign lands, and establishing new settlements of Germans and “ ethnic Germans ” in such areas. These activities involved transfer of populations, Germanisation of citizens of other countries, deportation of Eastern workers, deportation to slave labour of members of other countries eligible for Germanization, kidnapping of so-called “ racially valuable ” children for Germanization, participation in the performance of abortions on Eastern workers, murder and plunder of property. The chief defendant, Greifelt, was head of the Main Staff Office and in personal charge of one of its branches, Amstgruppe B. The latter consisted of offices for economy, agriculture and finance. He held the ranks of Obergruppenfuhrer of the S.S. and of Lt.-General of the Police. The other accused who held high positions in the Main Staff Office as heads of various branches, were : Crauz, Oberfuehrer S.S. (Senior Colonel), Deputy to Greifelt, chief of Amstgruppe A, which consisted of the Central Office and the offices for resettlement of folkdom and labour and in personal charge of Amt Z (Central Office) ; Meyer-Hetling, Oberfuehrer S.S., Chief of Amstgruppe C, which consisted of the Central Land Office and the offices for planning and construction, in personal charge of Amt VI (Planning) ; Schwarzenberger, Oberfuehrer S.S., Chief of Amt V (Finance) ; Huelman, Standartenfuehrer S.S. (Colonel), Chief of the Branch Office at Posen.

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The leading position of the Main Staff Office was established by the Tribunal in the following terms : “ The Main Staff Office was actually the directing head of the whole Germanization program, co-ordinating the activities of the other organizations. Before the end of the war, the activities of the Main Staff Office involved, among other things, the expulsion and deportation of whole populations ; the Germanization of foreign nationals ; the deportation of foreigners to Germany as slave labor ; the kidnapping of children ; and the plundering and confiscation of property of enemy nations.”

The office for Repatriation of Ethnic Germans (VOMI) was responsible for, among other things, the selection of “ ethnic Germans,” their evacuation from their native country, their transportation into “ VOMI ” camps, their care in these camps including temporary employment as well as ideological training, and their indoctrination after final employment or resettlement. It took large amounts of personal effects of concentration camp inmates and of real estate, for the use of resettlers. It also played a leading part in the compulsory conscription of enemy nationals into the Armed Forces, Waffen-SS, Police and similar organisations. In addition, it participated in the compulsory Germanization of “ ethnic Germans ” and people of German descent, in the forcing into slave labour of individuals considered eligible for Germanization, and in the kidnapping of foreign children. Werner Lorenz was the Chief of VOMI ; and Heinz Brueckner was Chief of Amt VI (Safeguarding of German Folkdom in the Reich-Reichsicherung deutschen Volkstums in Reich).

The S.S. Main Race and Settlement Office (RUSHA) was responsible for racial examinations. It was an advisory and executive office for all questions of racial selection. Racial examinations were carried out by RUS leaders (Rasse und Siedlungs Fuehrers) or their staff members, called racial examiners (Eignungspruefer), in connection with : cases where sexual intercourse between workers and prisoners of war of the Eastern nations and Germans had occurred ; pregnancy of Eastern workers ; children born to Eastern workers ; classification of people of German descent ; selection of enemy nationals, particularly Poles and Slovenes, for slave labour and Germanization ; kidnapping of children eligible for Germanization ; transfers of populations ; and persecution and extermination of Jews. Otto Hofmann was the Chief of RUSHA from 1940 to 1943 ; Richard Hildebrandt was the Chief of RUSHA from 1943 to 1945 ; Fritz Schwalm was Chief of Staff of RUSHA ; and Herbert Huebner was the RUS leader for the Warthegau, Poland.

The “ Lebensborn ” Society existed long before the war and was primarily concerned with running a maternity home. It was contended by the prosecution that, within the racial scheme for annihilating nations under German rule, it was responsible for kidnapping of foreign children for the purpose of Germanization. Max Sollmann was the Chief of Lebensborn and in personal charge of Main Department A, which consisted of offices for reception into homes, guardianship, foster homes and adoptions, statistics, and registration ; Gregor Ebner was the Chief of the Main Health Department ; Guenther Tesch was the Chief of the Main Legal Department ; and Inge Viermetz was Deputy Chief of Main Department A.

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In regard to these organizations and their leading officials, the Tribunal made the following finding : “ Each organization had certain well-defined tasks, which after 1939 were modified or expanded as the recent war progressed. The organizations worked in close harmony and co-operation, as will later be shown in this judgment, for one primary purpose in effecting the ideology and program of Hitler, which may be summed up in one phrase : The twofold objective of weakening and eventually destroying other nations while at the same time strengthening Germany, territorially and biologically, at the expense of conquered nations.”

The same objective was stressed by the Prosecution in the following terms :

“ The fundamental purpose of the four organisations . . . was to proclaim . . . and safeguard the supposed superiority of ‘ Nordic ’ blood, and to exterminate and suppress all sources which might ‘ dilute ’ or ‘ taint ’ it. The underlying objective was to assure Nazi dominance over Germany and German domination over Europe in perpetuity.”

(ii) The Master Scheme : Genocide

As already mentioned, in the Indictment the prosecution had charged that crimes against humanity perpetrated by the accused were carried out as part of a “ systematic programme of genocide,” that is of the “ destruction of foreign nations and ethnic groups.”

The evidence produced showed that this programme had been devised by the top ranking Nazi leaders in pursuance of their racial policy of establishing the German nation as a master race and to this end exterminate or otherwise uproot the population of other nations. The programme was laid down in a series of documents.

As early as a few days after the aggression against Poland, on 7th October, 1939, Hitler issued a Decree appointing Himmler as head of the above described racial policy, in which the following general directives were laid down :

“ The consequences which Versailles had on Europe have been removed. As a result, the Greater German Reich is able to accept and settle within its space German people, who up to the present had to live in foreign lands, and to arrange the settlement of national groups within its spheres of interest in such a way that better dividing lines between them are attained. I commission the Reichsfuehrer-SS with the Execution of this task in accordance with the following instructions :

Pursuant to my directions the Reichsfuehrer-SS is called upon :

(1) to bring back those German citizens and racial Germans abroad who are eligible for permanent return into the Reich ;

(2) to eliminate the harmful influence of such alien parts of the population as constitute a danger to the Reich and the German community ;

(3) to create new German colonies by resettlement, and especially by the resettlement of German citizens and racial Germans coming back from abroad.”

These directives were first implemented in the occupied territories of Poland. On 25th November, 1939, Himmler received a document prepared

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by the Racial-Political Office of the Nazi Party and entitled “ The Problem of the Manner of Dealing with the Population of the Former Polish Territories on the Basis of Racial-Political Aspects.”

This document contained a general statement on the goals of Nazi racial policy in Eastern Europe, which was couched in the following terms :

“ The aim of the German policy in the new Reich territory in the East must be the creation of a racial and therefore . . . uniform German population. This results in ruthless elimination of all elements not suitable for Germanization. “

"This aim consists of three interwoven tasks :

First, the complete and final Germanization of the population which seems to be suitable for it.

Second, deportation of all foreign groups which are not suitable for I Germanization, and

Third, the resettlement by Germans.”

The document then contained the following elaborate programme regarding the selection of Polish citizens of German stock to be re-incorporated into the Reich and the forcible Germanizations of the purely Polish population :

“ All Germans, beyond doubt established as German nationals, are to be registered in a German People’s List. They receive the German citizenship. Only these Germans have the right to be Reich citizens.

“ All other persons are not entitled to the right to be Reich citizens and therefore have no political rights.

“ In the future Germans are to carry exclusively German names ; that is, family names which in their root and etymology are of German origin. Names which are only Germanized in the written form, but show their Slavonic origin, cannot be regarded to be German names. They too are to be changed.

“ The official language of all authorities, including courts, is exclusively German.

“ Poles cannot be business owners. The real estates, also the farms they possessed up to now, are being expropriated. Poles are not permitted to exercise an independent trade and cannot be masters of a trade ; all existing apprentice contracts are annulled ; promising Polish apprentices can be taken to Germany proper as apprentices.

“ As to the treatment of the population remaining in the Eastern territories-mainly of the Polish and the German-Polish mixed population-it is constantly to be born in mind, that all measures of the legislature and administration have but one purpose, namely, to achieve a Germanization of the non-German population by all means and as quickly as possible. For this reason a continuation of a national Polish cultural life is definitely out of question. The Polish orientated population, in as far as it cannot be assimilated, is to be deported, the remainder to be Germanized. Therefore, a basis for a national and cultural autonomous life must no longer exist. In future there will be no Polish schools in the Eastern territories. In general there will be

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only German schools with emphasis on National Socialist racial teachings. Poles and members of the German-Polish mixed population who are not yet completely Germanized are not permitted to attend German universities, trade schools or high and secondary schools. Children of the members of this part of the population are only admitted if they are members of the Hitler Youth and are reported by it.

“ Any religious service in Polish is to be discontinued. The Catholic and even the Protestant religious service are only to be held by especially selected German-conscious German priests and only in German. Considering the political importance and the danger of the Catholic-Polish church connected with it, one could get the idea to outlaw the Catholic church entirely. However, one has to keep in mind that the population is strongly attached to the church and that such a measure could perhaps result in the opposite of Germanization. Specially selected, German-minded Catholic priests could probably gain not unimportant a success for the Germanization by a clever influence on the Catholic-Polish part of the population. The probability that especially Catholics of German extraction who were Polonized in the past centuries, could, with the help of suitable German priests, be brought back to the German people, is very great. In case of the Protestant Church the priests, who during the Polish time, especially during the last year, tried to betray the German people in a hatefulness which can hardly be described (under the leadership of their bishop Bursche), are ruthlessly to be removed as enemies of any national conviction and of National Socialism. Polish church holidays are to be abrogated. Only the holidays of both denominations permitted in the Reich are to be observed.

“ In order to prevent any cultural or economic life, Polish corporations, associations and clubs cease to exist ; Polish church unions are also to be dissolved.

“ Polish restaurants and cafes as centres of the Polish national life are to be closed down. Poles are not permitted to visit German theatres, variety shows, or cinemas. Polish theatres, cinemas and other places of cultural life are to be closed down. There will be no Polish newspapers, nor printing of Polish books nor the publishing of Polish magazines. For the same reasons Poles must not have radios and should not possess a phonograph.

“ Our Germanization policy has the aim to extract the Nordic groups from the remaining population and to Germanize them, and, on the other hand, to keep the racially foreign Polish strata on a low cultural level and to deport them from time to time to Central Poland.”

A special programme was devised in the same document regarding the treatment of the Jews and of the mixed population, that is of families set up by marriages between Poles and Germans. It dealt in particular with the treatment of children of such mixed marriages :

“  Treatment of the mixed population.

“ These thoughts make it most recommendable to transfer those persons, who were not included in the German People’s List but who

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live in a racial mixed marriage with Poles or who are of mixed German-Polish descent, to Germany proper, if they are not especially active for the Polish ideology. The final Germanization can be achieved in Germany proper. Children from such German-Polish racial mixed marriages have, whenever possible, to be educated in Germany proper and in German surroundings (educational institutions). The influence of the Polish parent must be excluded to the greatest possible extent.

“ Probably only a small part of the Polish population within the new Reich territory can be Germanized ; the easiest way will be to transfer them, and especially their children, to Germany proper, where, as a matter of course, a collective employment or settlement is completely out of question.

“  Special treatment of racially valuable children.

“  A considerable part of the racially valuable groups of the Polish people, who, on account of national reasons are not suitable for Germanization, will have to be deported to the rest of Poland. But here it has to be tried to exclude racially valuable children from the re-settlement and to educate them in suitable educational institutions, probably like the former military orphanage at Potsdam, or in a German family. The children suitable for this are not to be over 8 to 10 years of age because, as a rule, a genuine ethnic transformation, that is, a final Germanization, is possible only up to this age. The first condition for this is a complete prevention of all connections with their Polish relatives. The children receive German names which etymologically are of accentuated teutonic origin, their descendant certificate will be kept by a special department. All racially valuable children whose parents died during the war or later, will be taken over in German orphanages without any special regulation. For this reason a decree prohibiting the adoption of such children by Poles is to be issued.

“ Any keeping of biologically healthy children in church institutions is prohibited.

“ Children of such institutions, if not older than approximately 10 years, are to be transferred to German educational institutions.

“ Poles with a neutral attitude, who are willing to send their children to German educational institutions, do not need to be deported to the rest of Poland.

“ As already related, the final aim must be the complete elimination of the Polish national spirit. These Poles who cannot be Germanized must be deported to the remaining Polish territory.

“ In all cases of eviction of classes which are racially equivalent to us and valuable, the possibility of a retention of the children and their special education is to be considered.

“ If the Eastern territories are to be Germanized it is necessary that all the land, including land which was handed down from generation to generation by its Polish owners, be expropriated in favor of the German settlers. Thereby the Polish peasant loses the basis of his existence and is therefore to be deported to the remainder of Poland, if he cannot be Germanized .

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“ Jews, regardless whether they are Jews by creed or baptized, are to be deported to the remainder of Polish territory by cancellation of all their obligations, ruthlessly and as soon as possible.

“ Persons of mixed Polish-Jewish blood, regardless of their degree, are to be placed on the same level, without any exceptions and under all circumstances, as Poles and Jews who are to be deported."

The following further lines of action were laid down in regard to Poles and Jews :

“ Independent of the not yet published future solution of the problem regarding the legal State structure of the remainder of Poland, one must start from the fact that the remainder of Poland will also in future be under the ruling intluence of the Reich.

“ The population of this territory is composed of Poles and Jews and in addition of a large number of Polish-Jewish half breeds. A part of the population must be considered as definitely of alien blood from a racial point of view, at any rate as unsuitable for assimilation. Under the circumstances it must be stated in principle that the German Reich is in no way interested in raising the Polish and Jewish parts of the population of the remainder of Poland to a higher racial and cultural level, or in their education.

“ The inhabitants of the remainder of Poland must be given their citizenship. However, they are not to have any independent political parties, and associations which might provide a possible nucleus for a future national concentration must be forbidden. Non-political clubs should not be allowed either, or only from very special points of view. Cultural associations, for instance, vocal societies, clubs for the study of the home-country, gymnastic and sports clubs, social clubs, etc., can by no means be regarded without misgivings, as they can easily promote nationalism amongst their members. In particular, the gymnastic and sport clubs also lead to a physical strength of the population, in which we are not interested.

“ Medical care on our part should be confined to preventing epidemics from spreading to the Reich territory.

“ All measures serving birth control are to be admitted or to be encouraged. Abortion must not be punishable in the remaining territory. Abortives and contraceptives may be publicly offered for sale in every form without any police measures being taken. Homosexuality is to be declared not punishable. Institutes and persons who make a business of performing abortions should not be prosecuted by the police. Hygienic measures from a racial point of view should not be encouraged in any way.

“ It will be the task of the German administration to play up the Poles and Jews against each other.”

The above programme was later developed by Himmler. In a directive entitled “ Reflections on the Treatment of Peoples of Alien Race in the East,” he spoke of the necessity to bring about the extinction of alien races, and issued the following instructions regarding the treatment of children :

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“ A basic issue in the solution of all these problems is the question of schooling and thus the question of sifting and selecting the young. For the non-German population of the East there must be no higher school than the fourth-grade elementary school.

“ The sole goal of this school is to be :

Simple arithmetic up to 500 at the most ; writing of one’s name ; the doctrine that it is a divine law to obey the Germans and to be honest, industrious and good. I don’t think that reading should be required.

“ Apart from this school there are to be no schools at all in the East. Parents, who from the beginning want to give their children better schooling in the elementary school as well as later on in a higher school must make an application to the Higher SS and the police leaders. The first consideration in dealing with this application will be whether the child is racially perfect and conforming to our conditions. If we acknowledge such a child to be as of our blood, the parents will be notified that the child will be sent to a school in Germany and that it will permanently remain in Germany.

“ The parents of such children of good blood will be given the choice of either giving away their child ; they will then probably produce no more children so that the danger of this subhuman people of the East obtaining a class of leaders which, since it would be equal to us, would also be dangerous for us, will disappear ; or else the parents pledge themselves to go to Germany and to become loyal citizens there. The love towards their children whose future and education depends on the loyalty of the parents will be a strong weapon in dealing with them.

“ Apart from examining the applications made by parents for better schooling of their children, there will be an annual sifting of all children of the General Government between the ages of six and ten in order to separate the racially valuable and non-valuable. The ones who are considered racially valuable will be treated in the same way as the children who are admitted on the basis of the approved application of their parents. "

This programme was approved by Hitler on 25th May, 1940, and orders were given for its execution in complete secrecy. Greifelt was one of those initiated from the outset. Similar instructions were issued for dispossessing the victims of this programme of national extinction of their property by means of confiscation. On 16th December, 1939, Himmler issued the following orders :

I “ To strengthen Germanism and in the interest of the defence of the Reich, all articles mentioned in section II of this decree are hereby confiscated. This applies to all articles located in the territories annexed by the Fuehrer’s and Reich Chancellor’s decree of 12.10.39 and in the General Government for the occupied Polish territories. They are confiscated for the benefit of the German Reich and are at the disposal of the Reich Commissioner for the Strengthening of Germanism. Provided always that this does not apply to articles which are fully or

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for more than 75% the property of German citizens or persons of German race. In particular are confiscated all articles mentioned in section II which are in archives, museums, public collections or in the private possession of Poles and Jews if their protection and expert safekeeping is in German interest.

“ (1) Historical and pre-historical articles, documents, books, which are of interest for questions of cultural value and of public life, specially for the question of the German share in the historical, cultural and economic development of the country, and documents which are relevant for the history of present events.

“ (2) Articles of art of cultural value,. e.g., pictures, sculptures, furniture, carpets, crystal, books, etc.

“  (3) Furnishings and jewelry made of precious metal.

“ All confiscations made before this decree by authorities of the Reichfuehrer SS and Chief of German Police and the Reichcom-missioner for the Strengthening of Germanism are hereby confirmed. They are to be regarded as made for the benefit of the German Reich and are at the disposal of the Reichcommissioner for the Strengthening of Germanism.”

Further evidence submitted to the Tribunal showed that all the general directions and instructions set out above were strictly implemented. They resulted in the undertaking of a series of criminal measures which are described in more detail below.

(iii) Kidnapping of Alien Children

One of, the measures undertaken by the accused in order to carry out the programme of Genocide, consisted in forcibly removing from occupied territories children regarded as racially fit to be Germanized. This policy was defined by Himmler in a letter of 18th June, 1941, where, speaking of Polish children, he said the following :

“ I would consider it right if small children, of Polish families, who show especially good racial characteristics were apprehended and educated by us in special children’s institutions and children’s homes which must not be too large. The apprehension of the children would have to be explained with endangered health . . .

“ After half a year the genealogical tree and documents of descent of those children who prove to be acceptable should be procured. After altogether one year it should be considered to give such children as foster children to childless families of good race. . . .”

Later, in 1943, Himmler formulated this policy in the following terms :

“ I consider that in dealing with members of a foreign country, especially some Slav nationality, we must not start from German points of view and we must not endow these people with decent German thoughts and logical conclusions of which they are not capable, but we must take them as they really are.”

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“ Obviously in such a mixture of peoples there will always be some racially good types. Therefore I think that it is our duty to take their children with us, to remove them from their environment, if necessary by robbing or stealing them. . . . Either we win over any good blood that we can for ourselves and give it a place in our people or . . . we destroy this blood. . . .”

Pursuant to this scheme Greifelt issued appropriate orders, known as “ Regulation 67/1,” where he instructed RKFDV and RUSHA officials in the following terms :

“ In order to be able to regain for German Folkdom those children, whose racial appearance indicates nordic parents, it is necessary that the children who are in former Polish orphanages and with Polish foster-parents, are subjected to a racial and psychological process of selection. These children, who are considered to be racially valuable to German Folkdom, shall be Germanized. . . .”

The decree further provided, in great detail, for the registration of the children, their racial examination by RUSHA, a medical examination and their subsequent treatment. Particular care was taken to keep as a secret that the children involved were of Polish stock :

“ Special attention is to be given that the expression ‘ Polish children suitable for Germanization ’ may not reach the public to the detriment of the children. The children are rather to be designated as German orphans. from the regained Eastern Territories.”

At the same time orders were issued by Himmler and carried out by the Main Staff Office, RKFDV, regarding the treatment of children of unsuitable parents. Children of politically unreliable parents on account of their having shown hostile feelings towards Polish citizens of German stock, were to be segregated from their parents. They were to be put in local German public schools and included in the Hitler Youth organisation. Higher education was prohibited. Evidence was produced to the effect that, in handling this matter, a steady correspondence developed between Himmler’s office, RUSHA, VOMI and the Main Staff Office, involving the accused. It was proved that, among others, Hofmann and Hildebrandt as heads of RUSHA, were acquainted with all the details in the summer of 1941, and took part in the kidnapping. Schwalm was another direct participant. Of the officials of VOMI evidence showed that Lorenz and Brueckner were also active in numerous cases.

Part I  Part II  Part III Part IV  Part V  Part VI