Source: Nazi Conspiracy and Aggression, Vol. II. USGPO, Washington, 1946, pp. 248-302

[Note: The characters in brackets, eg, (2233-N-PS) refer to the official document numbers included in the series Nazi Conspiracy and Aggression. A listing of legal references and documents relating to the Gestapo and SD appears on pages 302-316. .For information on the referencing of Internet sources see Chapter 4 of S D Stein Learning, Teaching and Researching on the Internet. Addison Wesley Longman 1999, published November 1998] 

[Please see the note concerning the provenance of files in this presentation]

The Geheime Staatspolizei (Gestapo)
and Sicherheitsdienst (SD)

Nuremberg Charges

Part II

Part I, Part III,
Part IV, Part V, Part VI

Place of the Gestapo and SD in the Conspiracy

Tasks and Methods of the Gestapo
Tasks and Methods of the SD
The Place of the Gestapo and SD in the Conspiracy

Criminal Responsiblity of the Gestapo and SD
Crimes of the Gestapo and SD Against the Peace

   C. Place of the GESTAPO and SD in the Conspiracy.

(1) Tasks and Methods o f the GESTAPO.

In the basic law of 10 February 1936, the GESTAPO was declared to have "the duty t o investigate and to combat in the entire territory of the State, all tendencies dangerous to the State." The decree issued for the execution of said law gave the GESTAPO the authority to make police investigations in treason, espionage, and sabotage cases, and in other cases of criminal attacks on Party and State." (2107-PS)( 2108-PS)

In referring to the above law, the Nazi jurist, Dr. Werner Best, commented as follows:

"Not the State in its outward organic appearance but the tasks of the leadership in the sense of the National-Socialist idea is the object of protection." (2232-H)

The duties of the GESTAPO were described in 1938 as follows, in an order published by the Party Chancery:

"To the GESTAPO has been entrusted the mission by the Fuehrer to watch over and to eliminate all enemies of the Party and the National Socialist State as well as all disintegrating forces of all kinds directed against both." (1723-PS)

In Das Archiv, January 1936, the duties of the GESTAPO were described in part as follows:

"Since the National Socialist revolution, all open struggle and all open opposition to the State and to the leadership of the State is forbidden, and a Secret State Police as a preventive instrument in the struggle against all dangers threatening the State is indissolubly bound up with the National Socialist Fuehrer-State." (1956-PS)

The successful accomplishment of this mission to strike down the political and ideological opponents of the Nazi conspiracy was stated in the official magazine of the SIPO and SD on, 1 February 1943 in the following words:

"The Secret State Police by carrying out these tasks, contributed decisively to the fact that the National Socialist constructive work could. be executed in the past ten years without any serious attempts of interference by the political enemies of the nation." (1680-PS)

The methods used by the GESTAPO were limited only by the results to be obtained.

"The duties of the political police and the necessary means for their performance are not chosen freely but are prescribed by the foe. Just like the operations of an army against the outward enemy and the means to fight this enemy cannot be prescribed, so the political police also must have a free hand in the choice of the means necessary at times to fight the attempts dangerous to the State." (2232-PS)

The GESTAPO was not restricted to the limitations of written law. The Nazi jurist, Dr. Werner Best, states:

"As long as the 'police' carries out the will of the leadership, it is acting legally." (1852-PS)

The GESTAPO was given the express power to take action outside the law in the occupied territories. The laws pertaining to the administration of Austria and the Sudetenland provided that the Reichsfuehrer SS and Chief of the German Police will take measures for the maintenance of security and order "even beyond the legal limitation otherwise laid down for this purpose." (1437-PS, l438-PS)

The actions and orders of the GESTAPO were not subject to judicial review. The decision of the Prussian High Court of Administration on 2 May 1935 held that the status of the GESTAPO as a special police authority removed its orders from the jurisdiction of the Administrative Tribunals. The court said that under the law of 30 November 1933 the only redress available was by appeal to the next higher authority within the GESTAPO itself. (2347-PS)

The basic law of 10 February 1936 on the powers of the GESTAPO provided specifically in Section VII:

"Orders in matters of the Secret State Police are not subject to the review of the administrative courts." (2107-PS)

Concerning the power of the GESTAPO to act outside the law, the Nazi jurist, Dr. Werner Best, states:

"It is no longer a question of law but a question of fate whether the will of the leadership lays down the 'right' rules, i. e., rules feasible and necessary for police action-the 'police' law suitable for and beneficial to the people. Actual misuse of the legislative power by a people's leadership-be it a harmful severity or weakness-will, because of the violations of the 'laws of life, ' be punished in history more surely by fate itself through misfortune, overthrow and ruin, than by a State Court of Justice." (1852-PS)

The great power of the GESTAPO was "Schutzhaft" -the power to imprison people without judicial proceedings on the theory of "protective custody." This power was based upon the law of 28 February 1933 which suspended the clauses of the Weimar Constitution guaranteeing civil liberties to the German peo-ple, including Article 114 thereof, which provided that an abridgement of personal liberty was permissible only by authority of law. (2499-PS)

In April 1934 the Reich Minister of the Interior issued a decree (which was not made public) stating that in view of the stabilizing of the national situation it had become feasible to place restrictions upon the exercise of protective custody and providing for limitations upon its exercise.( L-801, 779-PS)

The GESTAPO did not observe such limitations, and the practice of taking people into protective custody increased greatly in 1934. The GESTAPO did not permit lawyers to represent persons taken into protective custody and, in one instance, counsel were themselves placed in protective custody for trying to represent clients. Civil employees were investigated. and taken into protective custody by the GESTAPO without knowledge of their superiors. (775-PS)

As of 1 February 1938, the Reich Minister of the Interior rescinded previous decrees relating to protective custody, including the decree of 12 April 1934, and issued new regulations. These regulations provided that protective custody could be ordered:

"* * * as a coercive measure of the Secret State Police against persons who endangered the security of the people and the State through their attitude, in order to counter all aspirations of enemies of the people and State";

that the GESTAPO had the exclusive right to order protective custody; that protective custody was to be executed in the State concentration camps; and that the GESTAPO, which authorized release from protective custody, would review individual cases once every three months. The Chief of the Secret Police was given authority to issue the necessary regulations. (1723-PS)

The importance of this power of protective custody was set forth in Das Archiv, 1936, in the following language:

"The most effective preventive measure is without doubt the withdrawal of freedom, which is covered in the form of protective custody, if it is to be feared that the free activity of the persons in question might endanger the security of the State in any way. While protective arrest of short duration is carried out in police and court prisons, the concentration camps under the Secret State Police admit those taken into protective custody who have to be withdrawn from public life for a longer time." (1956-PS)

The authority of the GESTAPO to administer the concentration camps was set forth in the decree to the basic law of 10 February 1936. (2108-PS)

Other methods used by the GESTAPO consisted of the dissolution of associations, prohibition and dissolution of assemblies and congregations, prohibition of publications of various kinds and so forth. (1956-PS)

(2) Tasks and Methods of the SD.

The task of the SD, after it became the intelligence service for State and Party, was to obtain secret information concerning the actual and potential enemies of the Nazi leadership so that appropriate action could be taken to destroy or neutralize opposition. (1956-PS)

The duties of the SD were stated by the Nazi jurist, Dr. Werner Best, as follows:

"As the intelligence service of the German National Socialist Labor Party, the Security Service has first of all the task of investigating and keeping a watch over all forces, events and facts which are of importance for the domination of the National Socialist idea and movement in German territory. With this task follows that duty laid down by the Reich Minister of the Interior-the duty of supporting the Security Police-which is fulfilled, so far as it goes, under State orders. In support of the tasks of the Security Police in securing the ranks of the German people against interference and destruction of any kind, the Security Service has to watch over every sphere of life of the German people with regard to the activities of inimical forces and the result of state and political measures, and to inform continually the competent State authorities and offices about the facts which have come to light. Finally, it has to investigate politically and explore, fundamentally the activities and connections of the great, ideological, arch-enemy of National Socialism and the German people, in order thereby to render possible a purposeful and effective fight against it." (1852-PS)

To accomplish this task, the SD created an organization of agents and informants operating out of various SD regional offices established throughout the Reich, and later in conjunction with the GESTAPO and Criminal Police throughout the occupied territories The organization consisted of several hundred full-time agents whose work was supplemented by several thousand part-time informants. Informants were located in schools, shops, churches and all other spheres of German life, operating under cover and reporting any utterances or actions against the Nazi 'Party, State or leadership. (2614-PS)

The SD had direct and powerful influence in the selection of Nazi leaders. It investigated the loyalty and reliability of State officials evaluating them by their complete devotion to Nazi ideology and the Hitler leadership. It secretly marked ballots and thereby discovered the identity of persons who cast "No" votes and "invalid" votes in the referenda. (2614-PS, R-142)

The SD worked closely with the GESTAPO. An article in the "Voelkischer Beobachter" published in Das Archiv, January 1936, stated:

"As the Secret State Police can not carry out, in addition to its primary executive tasks, this observation of the enemies of the state, to the extent necessary, there steps alongside to supplement it the Security Service of the Reichsleader of the SS, set up by the Deputy Fuehrer as the political intelligence service of the movement, which puts a large part of the forces of the movement mobilized by it into the service of the security of the state." (1956-PS)

(3) The Place of the GESTAPO and the SD in the Conspiracy.

The GESTAPO was founded in April 1933 by Goering to serve as a political police force in Prussia. Goering instructed Diels, the first Deputy Chief of the GESTAPO, that his main task would be the elimination of political opponents of National Socialism and the fight against Communism. 2640-PS) In "Aufbau Einer Nation," published in 1934, Goering said:

"For weeks I had been working personally on the reorganization and at last I alone and upon my own decision and my own reflection created the office of the Secret State Police. This instrument which is so feared by the enemies of the State, has contributed most to the fact that today there can no longer be talk of a Communist and Marxist danger in Germany and Prussia." (2344-PS)

So effective had the GESTAPO proven itself in combatting the political opposition to National Socialism by the fall of 1933 that Goering took over direct control of the GESTAPO (2105-PS). Goering's position as Chief of the GESTAPO in Prussia was recognized by Himmler even after he became Chief of the German Police in 1936 (2372-PS). Even as late as December 1938 Goering continued to exercise his direct control over the Prussian GESTAPO. (D-183)

Himmler was named Deputy Chief of the GESTAPO in Prussia in 1934. He used the GESTAPO, infused with new personnel recruited in large part from the SS, to carry out the Roehm purge of 30 June 1934. (2460-PS)

The GESTAPO, through its great power of arrest and confinement to concentration camps without recourse to law, was the principal means for eliminating enemies of the Nazi regime. Diels, the former Deputy Chief of the GESTAPO under Goering, declared:

"* * * From (1934) on the GESTAPO is responsible for, all deprivations of freedom and breaches of law and killings in the political field which took place without court verdict. Of primary importance among these was the shooting of numerous persons who had been committed to jails by the courts and then shot supposedly because of resistance. Many such cases were at that time published in the papers. For people guilty of immorality such illegal shootings became the rule. As for deprivation of freedom, there was no legal reason any more for protective custody orders after 1934, which had still been the case before that date, since from 1934 on the power of the totalitarian state was so stabilized that the arrest of a person for his own protection was only an excuse for arbitrary arrest--without court verdict and without legal measures for him. The terroristic measures, which. led to the development of the pure force system and punished to an increasing degree each critical remark and each impulse of freedom with the concentration camp, took on more and more arbitrary and cruel forms. The GESTAPO became the symbol of the regime of force." (2460-PS)

   D. Criminal Responsibiliy of the Gestapo and SD.

In the remainder of this section the criminal responsibility of the GESTAPO and the SD will be considered with respect to certain crimes against the peace, war crimes, and crimes against humanity which were in principal part committed by the centralized political police system the development and organization of which has previously been considered. In some instances the crimes were committed in cooperation or conjunction with other groups and organizations.

Frequent reference will be made to the phrase, "SIPO and SD." The SIPO and SD was composed of the following organizations, -the GESTAPO, the KRIPO and the SD.

The GESTAPO was the largest of these, having a membership of about 40,000 or 60,000 in 1943-45. It was the political police force of the Reich. Much of its personnel consisted of transferees from former political police forces of the States. Membership in the GESTAPO was voluntary.

The KRIPO was second largest. having a membership of about 15, OOO in 1943-45. It was the criminal police force of the Reich. The SD was the smallest, having a membership of about 3,000 in 1943-45. It was the intelligence service of the SS. Membership in the SD was voluntary. (3033-PS)

In common usage, and even in orders and decrees, the term "SD" was used as an abbreviation in the term "SIPO and SD." Since the GESTAPO was the primary executive agency of the SIPO and SD, and by far the largest, in most such cases the actual executive action was carried out by personnel of the GESTAPO rather than of the SD or of the KRIPO. In occupied territories members of the GESTAPO frequently wore SS uniforms. (3033-PS)

The term "Chief of the Security Police and SD" describes the person who is the head of the GESTAPO, KRIPO and the SD, and of their headquarters office called the RSHA. The "Chief of the Security Police and SD" and the "head of the RSHA" are always one and the same person. The RSHA was a department in the Reich Ministry of the Interior and in the SS. Sometimes organizational responsibility can be established by the fact that the orders in question were issued by or submitted to Amt III of the RSHA (in which case the action concerned the SD), to Amt IV of the RSHA (in which case the action concerned the GESTAPO), or to Amt V of the RSHA (in which case the action concerned the KRIPO) .

Although the GESTAPO was the chief executive agency in the political police system, all three organizations contributed to the accomplishment of most of the criminal activities discussed hereinafter.

   E. Crimes of the GESTAPO and SD against the Peace.

Prior to the invasion of Poland by Germany, "border incidents" were fabricated by the GESTAPO and SD for the purpose of furnishing Hitler with an excuse to wage war.( 2751-PS)

Early in August, 1939, the plan was conceived by the Chief of the Security Police and SD, Heydrich, to stage simulated border raids by personnel of the GESTAPO and SD dressed as Poles. To add authenticity, it was planned to take certain prisoners from concentration camps, kill them by use of hypodermic injections, and leave their bodies, clad in Polish uniforms, at the various places where the incidents were planned to occur. The Chief of the GESTAPO, Mueller, took a directing hand in these actions, which were staged on 31 August 1939 in Beuthen, Hindenburg, Gleiwitz, and elsewhere.

The leader of the SD agents who made the pretended attack on the Gleiwitz radio station on 31 August, said:

"* * * In my presence, Mueller discussed with a man named Mehlhorn plans for another border incident, in which it should be made to appear that Polish soldiers were attacking German troops. Germans in the approximate strength of a company were to be used. Mueller stated that he had 12 or 13 condemned criminals who were to be dressed in Polish uniforms and left dead on the ground of the scene of the incident to show that they had been killed while attacking. For this purpose they were to be given fatal injections by a doctor employed by Heydrich. Then they were also to be given gunshot wounds. After the incident members of the press and other persons were to be taken to the spot of the incident. A police report was subsequently to be prepared.

"4. Mueller told me that he had an order from Heydrich to make one of those criminals available to me for the action at Gleiwitz. The code name by which he referred to these criminals was 'Canned Goods.'

"5. The incident at Gleiwitz in which I participated was carried out on the evening preceding the German attack on Poland. As I recall, war broke out on the 1st of September 1939. At noon of the 31st August I received by telephone from Heydrich the code word for the attack which was to take place at 8 o'clock that evening. Heydrich said, 'In order to carry out this attack report to Mueller for Canned Goods. ' I did this and gave Mueller instructions to deliver the man near the radio station. I received this man and had him laid down at the entrance to the station. He was alive but he was completely unconscious. I tried to open his eyes. I could not recognize by his eyes that he was alive, only by his breathing. I did not see the shot wounds but a lot of blood was smeared across his face. He was in civilian clothes.

"6. We seized the radio station as ordered, broadcast a speech of three to four minutes over an emergency transmitter, fired some pistol shots and left." (2751-PS; 2479-PS)

These were the "frontier incidents" to which Hitler referred in his speech to the Reichstag on 1 September 1939. (Adolf Hitler, "My New Order," Reynal and Hitchcock, Inc., 1941, p. 687.)

Gestapo and SD Nuremberg Charges, Part III
Gestapo and SD Nuremberg Charges, Part I

Document compiled by Dr S D Stein
Last update 08/06/2000
Stuart.Stein@uwe.ac.uk
ęS D Stein

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