“The Reich-important pieces were collected in a catalogue of the so called ‘First Choice’. One copy of this catalogue has been submitted to the Fuehrer who reserved to himself the first decision as to location and use of the art objects of the ‘First Choice’ ”. (1709-PS)

Dr. Muehlmann, the “Special Deputy for the Safeguarding of Art Treasures” in the General Government, has confirmed that it was the policy and purpose of the art seizure program to confiscate the art treasures and to retain them for the benefit of Germany:

“I confirm, that it was the official policy of the Governor General, Hans Frank, to take into custody all important art treasures, which belonged to Polish public institutions, private collections and the Church. I confirm, that the art treasures, mentioned, were actually confiscated, and it is clear to me, that they would not have remained in Poland in case of a German victory, but that they would have been used to complement German artistic property.” (3042-PS)


LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE PLUNDER OF ART TREASURES

DocumentDescriptionVol.Page
Charter of the International Military Tribunal, Article 6 (b).I5
International Military Tribunal, Indictment Number 1, Sections III; VIII (E).I15, 43
 3737-PSHague Convention of 1907 respecting the Laws and Customs of War on Land, Annex, Articles 46, 47, 56.VI597, 599
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Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court.
—————
 *015-PSLetter and report of Rosenberg to Hitler, 16 April 1943, concerning seizure of ownerless Jewish art possessions. (USA 387)III41
  035-PSReport, 26 October 1943, regarding security measures by Main Division Ukraine during withdrawal of Armed Forces.III75
  055-PSReport, 12 September 1944, concerning works of art shipped from the Ukraine.III99
 *071-PSRosenberg letter to Bormann, 23 April 1941, replying to Bormann’s letter of 19 April 1941 (Document 072-PS). (USA 371)III119
 *090-PSLetter from Rosenberg to Schwarz, 28 January 1941, concerning registration and collection of art treasures. (USA 372)III148
 *136-PSCertified copy of Hitler Order, 29 January 1940, concerning establishment of “Hohe Schule”. (USA 367)III184
 *137-PSCopy of Order from Keitel to Commanding General of Netherlands, 5 July 1940, to cooperate with the Einsatzstab Rosenberg. (USA 379)III185
  138-PSCopy of Order from Keitel to Commanding General of France, 17 September 1940, to cooperate with the Einsatzstab Rosenberg.III186
  139-PSReineke order, 10 October 1940, concerning instructions to be given to Military Administration in Belgium to cooperate with Einsatzstab Rosenberg.III187
  140-PSReineke order, 30 October 1940, supplementing order of 17 September 1940 (Document 138-PS).III187
 *141-PSGoering Order, 5 November 1940, concerning seizure of Jewish art treasures. (USA 368)III188
 *145-PSOrder signed by Rosenberg, 20 August 1941, concerning safeguarding the cultural goods in the Occupied Eastern Territories. (USA 373)III189
 *149-PSHitler Order, 1 March 1942, establishing authority of Einsatzstab Rosenberg. (USA 369)III190
  151-PSRosenberg Order, 7 April 1942, concerning safeguarding of cultural goods, research material and Scientific Institutions in Occupied Eastern Territories.III191
 *153-PSRosenberg Order, 27 April 1942, for formation of central unit for seizure of art treasures in occupied Eastern Territories. (USA 381)III192
 *154-PSLetter from Lammers to high State and Party authorities, 5 July 1942, confirming Rosenberg’s powers. (USA 370)III193
 *158-PSMessage, 1 June 1944, initialled Utikal, Chief of Einsatzstab, concerning missions in Hungary. (USA 382)III199
 *159-PSMessage, 6 June 1944, initialled Utikal, Chief of Einsatzstab, concerning missions in Denmark and Norway. (USA 380)III199
 *171-PSUndated report on “Library for Exploration of the Jewish Question” by the Hohe Schule District Office. (USA 383)III200
 *176-PSReport on Einsatzstab Rosenberg, Working Group Netherlands, signed Schimmer. (USA 707)III203
  707-PSLetters, June-October 1943 concerning evacuation of the museum of Charkow.III516
 1015-B-PSReport on activities of Special Staff for Pictorial Art, October 1940 to July 1944.III666
*1015-I-PSLetter from Goering to Rosenberg, 30 May 1942. (USA 385)III670
 1015-GG-PSInventory of art objects—attached to a report (Document 1015-B-PS).III671
 1099-PSLetter from Kube, General Commissar White Ruthenia, to Rosenberg, 28 September 1941.III781
 1107-PSOffice memorandum, 17 May 1944, in Rosenberg Ministry concerning the Wehrmacht’s function in removing treasures from the USSR.III789
 1109-PSNote signed by Dr. Ullman, 17 June 1944,
concerning Bolshevic Atrocity Propaganda.III791
*1117-PSGoering Order, 1 May 1941 concerning establishment of Einsatzstab Rosenberg in all Occupied Territories. (USA 384)III793
 1118-PSLetter from Rosenberg to Goering, 18 June 1942, and related correspondence.III793
*1233-PSPrinted catalog undated, concerning secured objects of art in the Government General (Poland). (USA 377)III850
*1600-PSBormann correspondence, 1940-1941, concerning confiscation of religious art treasures. (USA 690)IV128
*1709-PSReport of Special Delegate for art seizures, July 1943. (USA 378)IV211
*1773-PSDecree on sequestration of property of former Polish State in the General Government, 15 November 1939, published in The Law of the General Government, pp. E810, E845, E846. (USA 376)IV346
*2523-PSAccount of conversation between Goering and Bunjes. (USA 783)V258
*3042-PSAffidavit of Dr. Kajetan Muehlmann, 19 November 1945. (USA 375)V754
 3766-PSReport prepared by the German Army in France 1942 concerning removal of French art objects through the German Embassy and the Einsatzstab Rosenberg in France.VI646
 3814-PSCorrespondence between Hans Frank, Lammers and various witnesses to the conduct of Frank, February 1945.VI739
*L-188Report of 8 August 1944, on confiscation up to 31 July 1944. (USA 386)VII1022
 R-143Himmler decree, 1 December 1939, concerning procedure for confiscation of works of art, archives, and documents.VIII246

TRANSCRIBER NOTES

Punctuation and spelling has been maintained except where obvious printer errors have occurred including missing periods or commas for periods. American spelling occurs throughout the document. There are differences in spellings of cities depending on whether the source is the prosecutor or part of a quoted statement. Multiple occurrences of the following spellings which differ and are found throughout this volume are as follows:

LuxemburgLuxembourg
EsthoniaEstonia
KiewKiev
RoumaniaRumania
Czecho-SlovakiaCheckoslovakia