. NMT03-T0594
Volume III · Page 594
| D. The Making and
Application of Special Measures Concerning Nationals of Occupied Territories, Minority Groups and Races, and Alleged "Asocials" |
|
| I. INTRODUCTION | |
| Under National Socialist ideology
and practice a large number of German nationals were considered inferior or
objectionable on racial and political grounds. After Hitler came to power in
January 1933, German nationals were subjected to various discriminatory laws
and practices, including protective custody in the hands of the police (usually
the Gestapo or Secret State Police) or confinement in concentration camps.
After Germany occupied the territory of neighboring countries, these practices
were extended to non-German nationals. As the war progressed, the intensity of
discrimination and persecution increased. In the Justice case, one of the most important issues was the manner in which German criminal law was extended to the occupied countries. German penal legislation and special legislation applicable to Poles, Jews, and others was introduced in that part of western Poland usually referred to as the "Incorporated Eastern Territories." Evidence concerning this aspect of the case appears below in section D2. (A similar type of question arose in cases where persons who were not Germans were compelled to work in Germany and accused of treason, of undermining Germany's defensive strength, or of being public enemies. See section E. below.) In the occupied western areas the application of the Night and Fog decree was the principal measure involving the judicial process which affected the life and liberty of non-German nationals. Evidence concerning this matter appears below in section D3. |
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| 2. JEWS, POLES. GYPSIES, AND OTHERS | |
| PARTIAL
TRANSLATION OF DOCUMENT NG-629 PROSECUTION EXHIBIT 28 [Also Rothenberger Document 3 Rothenberger Defense Exhibit 3] |
|
| EXTRACTS FROM A
REPORT* ON A CONFERENCE OF DEFENDANT ROTHENBERGER AND VARIOUS COURT PRESIDENTS, I FEBRUARY 1939, CONCERNING "RACE POLLUTION," EXCLUSIONS OF JEWS FROM EMPLOYMENT, AND "THE LEGAL TREATMENT OF JEWS" |
|
| Report on the conference of [court] presidents on 1 February 1939 | |
* The first part of this report on the conference is reproduced in section B. It dealt with attacks on judicial actions in the official SS magazine and questions of prosecuting those who committed criminal offenses during the widespread violence against Jews during "Crystal Week." 9-11 November 1938.
