. ©MAZAL LIBRARY

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. NUERNBERG MILITARY TRIBUNAL
Volume IV · Page 520
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The fact that Schulz still regarded himself as commander of Einsatzkommando 5, even though he knew he intended to be absent while on the trip to Berlin, is established by the fact that on the actual date of his departure, 24 August, he ordered the Kommando to move on from Berdichev to Skvira, 100 kilometers east of Berdichev, which removal actually took place on 26 August. Schulz' explanation for this removal is a laudable one, if true. He says that he wanted to avoid that his Kommando should come in contact with Higher SS and Police Leader Jeckeln who was set on execution of all Jews, including women and children. In any event, the fact remains that Schulz retained control of the Kommando until the actual arrival of his successor in the latter part of September.

Schulz has denied knowledge of the Fuehrer Order as such, but admitted that before leaving for Russia, he heard Heydrich's speech in which Heydrich said —
 
"That every one should be sure to understand that, in this fight, Jews would definitely take their part and that, in this fight, everything was set at stake, and the one side which gave in would be the one to be overcome. For that reason, all measures had to be taken against the Jews in particular. The experience in Poland had shown this."
The expression "all measures" certainly put Schulz on notice as to what was expected of the Einsatz units.

The prosecution has endeavored to charge Schulz with responsibility for the executions described in Report Nos. 132 and 135. The former is dated 12 November and the latter 19 November, so that if one allowed even the maximum of five weeks' delay in publication of the reports, these executions would still fall subsequent to the date Schultz admittedly left Russia.

However, Report No. 47, dated 9 August 1941 which describes the shooting of 400 Jews (mostly saboteurs and political functionaries) would be within the time Schultz was on duty in Russia. This report makes the further statement, "Einsatzkommando 5 shot an additional 74 Jews up to this date."

Report No. 94 definitely chronicling a period when Schulz was in command, even though absent on the Berlin trip, says, "Einsatzkommando 5 for the period between 31 August and 6 September 1941 reports the liquidation of 90 political officials, 72 saboteurs and looters, and 161 Jews."

It has been insisted on behalf of Schulz that such Jews as were executed by his Kommando were only those who had committed offenses entitling them to be shot and in this connection Dr. Durchholz said that the "perpetrators, who were Jews, were designated only as 'Jews' in the reports of the Einsatzgruppe, upon orders

 
 
 
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