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Volume IV · Page 220
* * * All members of the Security Police and SD joined the organization voluntarily under no other sanction than the desire to retain their positions as officials."¹ |
| Thus, it is established that all
members of the Gestapo and the SD were voluntary members of these
organizations. As Control Council Law No. 10 (d) is based on the
declaration of criminality of organizations by the International Military
Tribunal, these findings cannot be challenged by the defendants. The International Military Tribunal, in its conclusion about the criminality of the Gestapo and the SD, found — |
"The Gestapo and SD were used for purposes which were criminal under the Charter involving the persecution and extermination of the Jews, * * *. In dealing with the Gestapo the Tribunal includes all executive and administrative officials of Amt [Office] IV of the RSHA [Reich Security Main Office] or concerned with Gestapo administration in other departments of the RSHA and all local Gestapo officials serving both inside and outside of Germany, * * *. In dealing with the SD the Tribunal includes Aemter Ill, VI, and VII of the RSHA and all other members of the SD, including all local representatives and agents, honorary or otherwise, whether they were technically members of the SS or not, but not including honorary informers who were not members of the SS, and members of the Abwehr [Counterintelligence Corps] who were transferred to the SD. |
| Knowledge of, or personal implication
in the commission of acts declared criminal by Article 6 of the Charter is,
besides membership in the SD or Gestapo, the only prerequisite for criminal
liability. As to the proof of membership, it should be noted that the International Military Tribunal found that all members of the Security Police and the SD were full-fledged members of the SD.³ Thus it is established that every member of an Einsatzgruppe, all of which were units of the Security Police and SD, automatically is to be considered a member of the SD within the meaning of the judg- [...ment] |
¹ Ibid., p. 269.
² Ibid., pp. 267-268.
³ Trial of the Major War Criminals, vol. I, Nuremberg, 1947; compare pp. 264, 266. 267.
