Footnotes

(1) Another term could be used for the same idea, namely, ethnocide, consisting of the Greek word "ethnos"-nation-and the Latin word "cide."

(1a) See Violation of the Laws and Customs of War: Reports of Majority and Dissenting Reports of American and Japanese Members of the Commission of Responsibilities, Conference of Paris, 1919. Carnegie Endowment for International Peace, Division of International Law, Pamphlet No. 32 (Oxford: Clarendon Press, 1919), p. 39.

(2) See Garner, op. cit., Vol. I, p. 77.

(4) "Since the State in itself is for us only a form, while what is essential is its content, the nation, the people it is clear that everything else must subordinate itself to its sovereign interests. "- Adolf Hitler, Mein Kampf (New York: Reynold & Hitchcock, 1939), p. 842

(5) See Alfred Rosenberg, Der Mythus des 20. Jahrhunderts (München: Hoheneichenverlag, 1935), pp. 1-2: "History and the mission of the future no longer mean the struggle of class against class, the struggle of Church dogma against dogma, but the clash between blood and blood, race and race, people and people. "

(6) The German genocide philosophy was conceived and put into action before the Germans received even a foretaste of the considerable dimensions of Allied aerial bombings of German territory.

(7) See Hitler’s statement to Rauschning, from The Voice of Destruction, by Hermann Rauschning (New York, 1940), p. 138, by courtesy of G. P. Putnam’s Sons:
"...The French complained after the war that there were twenty million Germans too many. We accept the criticism. We favor the planned control of population movements. But our friends will have to excuse us if we subtract the twenty millions elsewhere. After all these centuries of whining about the protection of the poor and lowly, it is about time we decided to protect the strong against the inferior. It will be one of the chief tasks of German statesmanship for all time to prevent by every means in our power, the further increase of the Slav races. Natural instincts bid all living beings not merely conquer their enemies, but also destroy them. In former days, it was the victor's prerogative to destroy entire tribes, entire peoples. By doing this gradually and without bloodshed, we demonstrate our humanity. We should remember, too, that we are merely doing unto other as they would have done to us."

(8) Mein Kamff, p. 588.  

(9) See "Administration, " above, pp. 9-10.

(10)  Mein Kampf, p. 931: ". . . the National Socialist movement has its mightiest tasks to fulfill... it must condemn to general wrath the evil enemy of humanity [Jews] as the true creator of all suffering. ".

(11) Ibid., p. 590, n. ". . . The Polish policy in the sense of a Germanization of the East, demanded by so many, rooted unfortunately almost always in the same wrong conclusion.  Here too one believed that one could bring about a Germanization of the Polish element by a purely linguistic integration into the the German nationality. Here too the result would have been an unfortunate one: people of an alien race, expressing its alien thoughts in the German language, compromising the height and the dignity of our own natronality by its own inferiority." As to the depopulation policy in occupied Yugoslavia, see, in general, Louis Adamic, My Native Land (New York: Harper & Brothers, 1943).

(12) For Luxemburg, see order of August 6, 1940, below, p. 440.

(13) See order concerning the change of first and family names in Luxemburg, of January 31, 1941, below, p. 441.

(14) Verordnungsblatt, 1940, p. 60

(15) As to Poland, see order of October 29, 1941, below, p. 552.

(16) As to Norway, see order of September 25,1940, below, p. 499.

(17)  See above, chapter on "Finance. "

(18) See above, chapters on " Law " and " Courts."

(19) See below, p. 440.

(20) " It is the task of the director to orient and conduct the school systematically according to National Socialist principles. "-See announcement for execution of the order concerning the elementary school system, February 14, 1941, promulgated in Lorraine by the Chief of Civil Administration, below, p. 388.

(21) Verordnungsblatt, 1941, p. 100. See below, p. 386.

(22) As to or organization of the Reich Chamber of Culture, see law of November I, 1933, Reichsgesetzblatt, I, p. 979.

(23) See note of the Polish Minister of Foreign Affairs of the Polish Government-in-Exile to the Allied and neutral powers of May 3, 1941, in Polish White Book: Republic of Poland, Ministry of Foreign Affairs, German Occupation of Poland-Extract of Note Addressed to the Allied and Neutral Powers (New York: The Greystone Press [1942]), pp. 36-39

(24) Frankfurter Zeitung, Wochen-Ausgabe, March 28, 1941.

(25) See above, chapter on "Legal Status of the Jews."

(26) See ordinance promulgated by the German Trustee of the Polish Savings Bank published in Thorner Freiheit of December 11, 1940

(27) See "Property" above, p.38

(28) See Report of Primate of Poznan to Pius XII, The Black Book of Poland (New York: G. P. Putnam’s Sons, 1942), p. 383.

(29) That the separation of males from females was preconceived by Hitler as an element of genocide is obvious from his statement: "'We are obliged to depopulate,' he went on emphatically, 'as part of our mission of preserving the German population. We shall have to develop a technique of depopulation. If you ask me what I mean by depopulation, I mean the removal of entire racial units. And that is what I intend to carry out - that, roughly, is my task. Nature is cruel, therefore we, too, may be cruel. If I can send the flower of the German nation into the hell of war without the smallest pity for the spilling of precious German blood, then surely I have the right to remove millions of an inferior race that breeds like vermin! And by "remove" I don't necessarily mean destroy; I shall simply take the systematic measures to dam their great natural fertility.  For example, I shall keep their men and women separated for years. Do you remember the falling birthrate of the world war? Why should we not do quite consciously and through a number of years what was at that time merely the inevitable consequence of the long war? There are many ways, systematical and comparatively painless, or at any rate bloodless, of causing undesirable races to die out.'" - Rauschning, op.cit., pp.137-38, by courtesy of G.P Putnam's Sons.

(30) See order concerning the granting of child subsidies to Germans in the Government, of March 10, 1942, below, p.553.

(31) See order of July 28, 1942, concerning the subsidizing of children of members of the German armed forces in occupied territories, Reichsgesetzblatt, 1942, I, p. 488:
"To maintain and promote a racially valuable German heritage, children begotten by members of the German armed forces in the occupied Norwegian and Dutch territories and born of Norwegian or Dutch women will upon the application of the mother be granted a special subsidy and benefit through the offices of the Reich Commissioners for the occupied Norwegian and Dutch territories."

(32) See order of February 28, 1941, below, p.474

(33) See below, p.428

(34) See New York Times, October 5, 1942, p.4, col.6.

(35) The figures quoted in this and the following two paragraphs have been taken, with the permission of the Institute of Jewish Affairs, from its publication entitles Starvation over Europe (Made in Germany); A Documented Record 1943 (New York, 1943), pp.37, 47, 52.

(36) Ibid., p.37

(37) Ibid., p.47

(38) Ibid., p.52. For further details, see League of Nations, World Economic Survey (Geneva, 1942), pp.90-91

(39) See Hitter's Ten-Year War on the Jews (Institute of Jewish Affairs of the American Jewish Congress, World Jewish Congr ess, New York, 1943), p. 144.

(40) League of Nations, Monthly Bulletin of Statistics (Geneva, 1942), Nos. 4, 5, 6.

(41) Nowy Kurjer Warszawski (Warsaw), August 29, 1941. 

(42) Die Nation (Bern), August 13, 1942.

(43) Poland Fights (New York), May 16, 1942.

(44)  Hitler’s Ten-Year War on the Jews, p. 144..

(45) See the Joint Declaration by members of the United Nations, issued simultaneously in Washington and in London, on December 17, 1942:
 "The attention of the Belgian, Czechoslovak, Greek, Jugoslav, Luxembourg, Netherlands, Norwegian, Polish, Soviet, United Kingdom and United States Governments and also of the French National Committee has been drawn to numerous reports from Europe that the German authorities, not content with denying to persons of Jewish race in all the territories over which their barbarous rule has been extended, the most elementary human rights, are now carrying into effect Hitler’s oft-repeated intention to exterminate the Jewish people in Europe.
"From all the occupied countries Jews are being transported in conditions of appalling horror and brutality to Eastern Europe. In Poland, which has been made the principal Nazi slaughterhouse, the ghettos established by the German invader are being systematically emptied of all Jews except a few highly skilled workers required for war industries. None of those taken away are ever heard of again. The able-bodied are slowly worked to death in labor camps. The infirm are left to die of exposure and starvation or are deliberately massacred in mass executions. The number of victims of these bloody cruelties is reckoned in many hundreds of thousands of entirely innocent men, women and children. 
"The above-mentioned governments and the French National Committee condemn in the strongest possible terms this bestial policy of cold-blooded extermination. They declare that such events can only strengthen the resolve of all freedom-loving peoples to overthrow the barbarous Hitlerite tyranny. They reaffirm their solemn resolution to insure that those responsible for these crimes shall not escape retribution, and to press on with the necessary practical measures to this end. "-The United Nations Review, Vol. III (1943), No. I, p. I.

(46) Hitler’s Ten-Year War on the Jews, p. 307.

(47) See order of December 9, 1940, below, p. 438.

(48) Ibid.

(49) Under Polish law, 1919-39, gambling houses were prohibited; nor did they exist on Polish soil when it was under Russian, German, and Austrian rule before 1914, See The Black Book of Poland, pp. 513, 514.

(50) "No conqueror has ever chosen more diabolical methods for gaining the mastery of the soul and body of a people. "-Manchester Guardian, February 28, 1941.
"We know that there is no war in all our history where such ruthless and deliberate steps have been taken for the disintegration of civilian life and the suffering and the death of civilian populations."-Hugh R. Jackson, Special Assistant to the Director of Forein Relief and Rehabilitation Operations, U.S. Department of State, in an address before the National Conference of Social Work, New York, March 12, 1943; printed in Department of State, Bulletin, Vol. VIII, No. 194 (March 13, 1943) p. 219

(51) The idea of a nation should not, however, be confused with the idea of nationalism. To do so would be to make the same mistake as confusing the idea of individual liberty with that of egoism. 

(52) See Raphaël Lemkin, "Terrorisme," Acts de la V^e Conférence Internationale pour I’Unification du Droit Pénal (Paris, 1935), pp. 48-56; see also Lemkin, "Akte der Barbarei und des Vandalismus als delicti iuris gentium," Internationales Anwaltsblatt (Vienna, November, 1933)..

(53) See statement of President Roosevelt, White House Press Release, July 30, 1943, Department of State, Bulletin, Vol. IX, No. 214 (July 31, 1943), p. 62..

(54) Adequate protection of minority groups does not of course mean that protective measures should be so stringent as to prevent those who so desire from leaving such groups in order to join majority groups. In other words, minority protection should not constitute a barrier to the gradual process of assimilation and integration which may result from such voluntary transfer of individuals.

(55) Of course such an offender could never be tried twice for the same act.

(56) Research in International Law (Under the Auspices of the Faculty of Harvard Law School), "Part II. Jurisdiction with Respect to Crime," (Edwin D. Dickinson, Reporter), American Journal of International Law, Supp., Vol. 29 (1935), pp. 573-85.

(57) Since not all countries agree to the principle of universal repression (as for example, the United States of America), the future treaty on genocide might well provide a facilitative clause for the countries which do not adhere to this principle.

(58) League of Nations, Treaty Series, Vol. 118, p. 343.