LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO THE GEHEIME STAATSPOLIZEI (GESTAPO) AND SICHERHEITSDIENST (SD)
| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 9. | I | 6 | |
| International Military Tribunal, Indictment Number 1, Section IV (H); Appendix B. | I | 29, 70, 71 | |
| ———— | |||
| 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. | |||
| ———— | |||
| 071-PS | Rosenberg letter to Bormann, 23 April 1941, replying to Bormann’s letter of 19 April 1941 (Document 072-PS). (USA 371) | III | 119 |
| *498-PS | Top Secret Fuehrer Order for killing of commandos, 18 October 1942. (USA 501) | III | 416 |
| *501-PS | Collection of four documents on execution by gas, June 1942, one signed by Dr. Becker, SS Untersturmfuehrer at Kiev, 16 May 1942. (USA 288) | III | 418 |
| *502-PS | Order, 17 July 1941, entitled “Regulations for the Commandos of the Chief of the SIPO and SD which are to be activated in Stalags”. (USA 486) | III | 422 |
| *526-PS | Top secret notice, 10 May 1943, concerning saboteurs captured and shot in Norway. (USA 502) | III | 434 |
| 532-PS | Telegram of WFSt, 24 June 1944, concerning treatment of Commandos. | III | 437 |
| *553-PS | Order signed by Keitel, 4 August 1942, regulating treatment of paratroops. (USA 500) | III | 441 |
| 654-PS | Thierack’s notes, 18 September 1942, on discussion with Himmler concerning delivery of Jews to Himmler for extermination through work. (USA 218) | III | 467 |
| *668-PS | Letter from Chief of the SIPO and SD and OKW letter, 24 June 1942, concerning prosecution of punishable offenses against the Reich or occupation forces in occupied territories. (USA 504) | III | 476 |
| *674-PS | Secret letter from President of High District Court of Kattowitz re executions being carried out by Gestapo without judicial processes, 3 December 1941. (USA 505) | III | 478 |
| *701-PS | Letter from Minister of Justice to Prosecutors, 1 April 1943, concerning Poles and Jews who are released from Penal institutions of Department of Justice. (USA 497) | III | 510 |
| *710-PS | Letter from Goering to Heydrich, 31 July 1941, concerning solution of Jewish question. (USA 509) | III | 525 |
| 745-PS | Letter from Chief of SD, Koblenz, 12 June 1944, concerning enemy aviators who have been shot down. | III | 543 |
| 775-PS | Memorandum of Minister of the Interior concerning clarification of police matters, 1935. | III | 547 |
| 779-PS | Directive by Frick, regulating “protective custody”, 12 April 1934. | III | 555 |
| 833-PS | Instructions by Admiral Canaris, Head of the Abwehr, 2 February 1942, concerning prosecution of crimes against the Reich or occupying forces in the occupied territories. | III | 600 |
| 1061-PS | Official report of Stroop, SS and Police Leader of Warsaw, on destruction of Warsaw Ghetto, 1943. (USA 275) | III | 718 |
| *1063-A-PS | Order of Chief of SIPO and SD, 2 January 1941, concerning classification of concentration camps. (USA 492) | III | 775 |
| *1063-B-PS | Letter signed by Kaltenbrunner, 26 July 1943, concerning establishment of Labor Reformatory camps. (USA 492) | III | 777 |
| *1063-D-PS | Mueller’s order, 17 December 1942, concerning prisoners qualified for work to be sent to concentration camps. (USA 219) | III | 778 |
| 1063-E-PS | Copy of Mueller’s order, 25 June 1942, concerning increased shipments to concentration camps. | III | 780 |
| *1104-PS | Memorandum, 21 November 1941, enclosing copies of report concerning anti-Jewish action in Minsk. (USA 483) | III | 783 |
| 1113-PS | Report of 6 November 1942 concerning action “Marshfever”. | III | 792 |
| *1165-PS | Letter from Commandant of concentration Camp Gross Rosen, 23 October 1941, and letter of Mueller to all Gestapo offices, 9 November 1941, concerning execution of Russian PW’s. (USA 244) | III | 821 |
| *1276-PS | Top secret letter from Chief of SIPO and SD to OKW/WFSt, 17 June 1944, concerning Commando operations. (USA 525). | III | 855 |
| 1285-PS | Extract from The German Police, 1943, pp. 81-82. | III | 863 |
| 1437-PS | Law concerning reuniting of Austria with German Reich, 18 March 1938. 1938 Reichsgesetzblatt, Part I, p. 262. | IV | 17 |
| 1438-PS | Fuehrer concerning administration of Sudeten-German territory, 22 October 1938. 1938 Reichsgesetzblatt, Part I, p. 1453. | IV | 17 |
| *1472-PS | Copy of telegram from Mueller to Himmler, 16 December 1942, concerning recruiting Jewish labor. (USA 279) | IV | 49 |
| *1481-PS | Gestapo order, 20 January 1938, dissolving and confiscating property of Catholic Youth Womens Organization in Bavaria. (USA 737). | IV | 50 |
| *1514-PS | Order, 27 July 1944, from 6th Corps Area Command concerning delivery of prisoners of war to secret state police. (USA 491) | IV | 53 |
| *1521-PS | Report from the Bavarian Political Police to the Gestapo, Berlin, 24 August 1934, concerning National mourning on occasion of death of von Hindenburg. (USA 740) | IV | 75 |
| *1531-PS | Directive from RSHA, 26 October 1939, concerning execution of protective custody, and directive, 12 June 1942, concerning third degree. (USA 248) | IV | 93 |
| 1551-PS | Decree assigning functions in Office of Chief of German Police, 26 June 1936. 1936 Reichs Ministerialblatt, pp. 946-948. | IV | 106 |
| *1573-PS | Order signed Mueller, 18 June 1941, concerning measures to be taken against Emigrants and civilian workers from Russian areas and against Foreign workers. (USA 498) | IV | 112 |
| 1638-PS | Circular of Minister of Interior, 11 November 1938, on cooperation of SD and other authorities. 1938 Reichs Ministerialblatt, p. 1906. | IV | 142 |
| *1650-PS | Directive to State Police Directorates from Chief of SIPO and SD by Mueller, 4 March 1944, concerning captured escaped PWs except British and American PWs. (USA 246) | IV | 158 |
| *1680-PS | “Ten Years Security Police and SD” published in The German Police, 1 February 1943. (USA 477) | IV | 191 |
| *1723-PS | Order concerning cooperation of Party offices with the Secret State Police, 25 January 1938, published in Decrees, Regulations, Announcements, 1937, Vol. II, pp. 430-439. (USA 206) | IV | 219 |
| *1815-PS | Documents on RSHA meeting concerning the study and treatment of church politics. (USA 510) | IV | 415 |
| *1852-PS | “Law” from The German Police, 1941, by Dr. Werner Best. (USA 449) (See Chart No. 16.) | IV | 490 |
| 1956-PS | Meaning and Tasks of the Secret State Police, published in The Archives, January 1936, Vol. 22-24, p. 1342. | IV | 598 |
| 2073-PS | Decree concerning the appointment of a Chief of German Police in the Ministry of the Interior, 17 June 1936. 1936 Reichsgesetzblatt, Part I, p. 487. | IV | 703 |
| 2104-PS | Law on organization of Secret State Police office, 26 April 1933. 1933 Preussische Gesetzsammlung, p. 122. | IV | 730 |
| 2105-PS | Law on Secret State Police of 30 November 1933. 1933 Preussische Gesetzsammlung, p. 413. | IV | 731 |
| 2107-PS | Law on Secret State Police of 10 February 1936. 1936 Preussische Gesetzsammlung, pp. 21-22. | IV | 732 |
| 2108-PS | Decree for execution of Law on Secret State Police of 10 February 1936. 1936 Preussische Gesetzsammlung, pp. 22-24. | IV | 732 |
| 2113-PS | Decree for application of law of 30 November 1933, concerning Secret State Police of 8 March 1934. 1934 Preussische Gesetzsammlung, p. 143. | IV | 743 |
| 2232-PS | Tasks and Means of a Political Police, from German Administrative Law by Hans Frank, pp. 420-430. | IV | 881 |
| 2243-PS | Law relating to finance measures in connection with the police, 19 March 1937. 1937 Reichsgesetzblatt, Part I, p. 325. | IV | 924 |
| 2245-PS | Frick decree of 20 September 1936 concerning employment of Security Police Inspectors. 1936 Reichs Ministerialblatt, pp. 1343-1344. | IV | 928 |
| *2273-PS | Extract from a top secret report of Einsatz Group A. (USA 487) (See Chart No. 4.) | IV | 944 |
| *2285-PS | Affidavit, 13 May 1945, by two French officers, about shooting of prisoners at Mauthausen. (USA 490) | IV | 991 |
| 2344-PS | Reconstruction of a Nation by Goering, 1934, p. 89. | IV | 1065 |
| 2347-PS | Court decisions from 1935 Reichsverwaltungsblatt, Vol. 56, pp. 577-578, 20 July 1935. | IV | 1066 |
| 2348-PS | Affidavit of Rauff, Head of Amt II D, RSHA, 19 October 1945. (USA 485) | IV | 1068 |
| 2371-PS | Execution of ordinance for Security of people and state, 28 February 1933. 1933 Reichs Ministerialblatt, Part I, p. 543. | IV | 1102 |
| 2372-PS | Unified Designation of offices of Secret State Police in Reich. 1936 Reichs Ministerial Gazette, Part V, pp. 1344-5. | IV | 1105 |
| 2374-PS | Affidavit of Rudolf Mildner, 27 June 1945, concerning treatment of English-American commando groups. | V | 1 |
| 2375-PS | Affidavit of Rudolf Mildner, 16 November 1945, concerning activities of SIPO and SD. | V | 2 |
| 2376-PS | Affidavit of Rudolf Mildner, 16 November 1945, concerning treatment of Jews. | V | 3 |
| *2460-PS | Affidavit of Rudolf Diels. (USA 751) | V | 205 |
| *2477-PS | Affidavit of Willy Litzenberg, 4 November 1945. (USA 518) | V | 229 |
| 2478-PS | Affidavit of Willy Litzenberg, 4 November 1945. | V | 230 |
| 2479-PS | Affidavit of Dr. Rudolf Mildner, 4 November 1945. | V | 230 |
| *2499-PS | Original Protective Custody Order served on Dr. R. Kempner, 15 March 1935. (USA 232) | V | 236 |
| *2542-PS | Affidavit of Kurt Lindow, 30 September 1945. (USA 489) | V | 286 |
| *2605-PS | Affidavit of Dr. Rudolf Kastner, former President of the Hungarian Zionist Organization, 13 September 1945. (USA 242) | V | 313 |
| 2614-PS | Affidavit of Dr. Wilhelm Hoettl, 5 November 1945. (USA 918) | V | 337 |
| 2615-PS | Affidavit of Dr. Wilhelm Hoettl, 5 November 1945. | V | 338 |
| *2620-PS | Affidavit of Otto Ohlendorf, 5 November 1945. (USA 919) | V | 341 |
| 2622-PS | Affidavit of Otto Ohlendorf, 5 November 1945. | V | 343 |
| 2644-PS | Affidavit of Otto Ohlendorf, 5 November 1945. | V | 357 |
| 2645-PS | Affidavit of Gottfried Boley, 14 November 1945. | V | 357 |
| *2751-PS | Affidavit of Alfred Naujocks, 20 November 1945. (USA 482) | V | 390 |
| 2752-PS | Affidavit of Willy Litzenberg, 8 November 1945. | V | 392 |
| 2846-PS | Affidavit of Erwin Lahousen, 13 November 1945. | V | 507 |
| 2884-PS | Affidavit of Walter Warlimont, 14 November 1945. | V | 550 |
| 2890-PS | Extracts from Befehlsblatt of the SIPO and SD. | V | 557 |
| *2990-PS | Affidavit of Walter Schellenberg, 18 November 1945. (USA 526) | V | 694 |
| *2992-PS | Affidavits of Hermann Graebe. (USA 494) | V | 696 |
| *3012-PS | Order signed Christiansen, 19 March 1943, to all group leaders of Security Service, and record of telephone conversation signed by Stapj, 11 March 1943. (USA 190) | V | 731 |
| *3033-PS | Affidavit of Walter Schellenberg, 21 November 1945. (USA 488) | V | 741 |
| *3051-PS | Three teletype orders from Heydrich to all stations of State Police, 10 November 1938, on measures against Jews, and one order from Heydrich on termination of protest actions. (USA 240) | V | 797 |
| 3058-PS | Letter from Heydrich to Goering, 11 November 1938, reporting action against the Jews. (USA 508) | V | 854 |
| 3343-PS | Speech delivered at labor-meeting of Prussian State Council on 18 June 1934, from Speeches and Essays of Hermann Goering. | VI | 78 |
| 3344-PS | Extract from Befehlsblatt of the Chief of Security Police and SD, Berlin, 7 September 1942, No. 39, p. 249. | VI | 78 |
| *3360-PS | Teletype, 12 February 1944, relating to recaptured escaped Eastern laborers. (USA 499) | VI | 95 |
| 3363-PS | Special delivery letter, 21 September 1939, from Chief of Security Police to Chiefs of all detail groups concerning Jewish problem in Occupied zone. | VI | 97 |
| *3840-PS | Statement of Karl Kaleske, 24 February 1946, concerning the elimination of the Warsaw Ghetto. (USA 803) | VI | 775 |
| *3841-PS | Statement of SS and Polizeifuehrer Juergen Stroop, 24 February 1946, concerning elimination of the Warsaw Ghetto. (USA 804) | VI | 776 |
| *3868-PS | Affidavit of Rudolf Franz Ferdinand Hoess, 5 April 1946, concerning execution of 3,000,000 people at Auschwitz Extermination Center. (USA 819) | VI | 787 |
| D-46 | Order designating Herzogenbosch as concentration camp, 18 January 1943. | VI | 1025 |
| D-50 | Order establishing concentration camps at Lublin, 9 April 1943. | VI | 1027 |
| D-183 | Order of Gestapo Office, Darmstadt, 7 December 1938, concerning treatment of articles secured during protest action against Jews. | VI | 1075 |
| *D-569 | File of circulars from Reichsfuehrer SS, the OKW, Inspector of Concentration Camps, Chief of Security Police and SD, dating from 29 October 1941 through 22 February 1944, relative to procedure in cases of unnatural death of Soviet PW, execution of Soviet PW, etc. (GB 277) | VII | 74 |
| *D-762 | Order of Hitler, 30 July 1944, concerning combatting of “terrorists” and “saboteurs” in Occupied Territories. (GB 298) | VII | 221 |
| *D-763 | Circular of OKW, 18 August 1944, regarding penal jurisdiction of non-German civilians in Occupied Territories. (GB 300) | VII | 222 |
| *L-18 | Official report, Katzmann to General of Police Krueger, 30 June 1943, concerning “Solution of Jewish Question in Galicia”. (USA 277) | VII | 755 |
| *L-37 | Letter from Illmer, Chief of the SIPO and SD of Radom, to subordinates, 19 July 1944, concerning collective responsibility of members of families of assassins and saboteurs. (USA 506) | VII | 782 |
| *L-41 | Orders of Mueller, Chief of the Gestapo, 17 December 1942 and 23 March 1943, concerning transfer of workers to concentration camps. (USA 496) | VII | 784 |
| *L-51 | Affidavit of Adolf Zutter, 2 August 1945. (USA 521) | VII | 798 |
| L-53 | Order from Commandant of the SIPO and SD for the Radom District to Branch Office in Tomaschow, 21 July 1944, on clearance of prisons. (USA 291) | VII | 814 |
| *L-61 | Express letter from Sauckel to Presidents of Landes Employment Office, 26 November 1942, concerning employment of Jews and exchange of Jews in essential employment against Polish labor. (USA 177) | VII | 816 |
| *L-89 | Top secret letter issued by the Commandant of the SIPO and SD, District Radom, 24 February 1944, concerning intensified interrogations. (USA 507) | VII | 868 |
| *L-90 | Fuehrer decree, February 1942, concerning prosecution of offenses in Occupied Territory; “First Ordinance” signed by Keitel for execution of the directive; memorandum of 12 December 1941, signed by Keitel. (USA 503) | VII | 871 |
| L-152 | RSHA Order concerning fraternization of Jews and Aryans, 3 November 1941. | VII | 903 |
| L-167 | Orders of the Reichsminister of the Interior, 24 March 1942, concerning use of public transportation by Jews, and covering letters. | VII | 917 |
| *L-180 | Report by SS Brigade Commander Stahlecker to Himmler, “Action Group A”, 15 October 1941. (USA 276) | VII | 978 |
| *L-185 | Organization plan of the RSHA, 1 January 1941. (USA 484) | VII | 996 |
| *L-215 | File of orders and dossiers of 25 Luxembourgers committed to concentration camps at various times in 1944. (USA 243) | VII | 1045 |
| L-217 | Order of Secret State Police concerning camouflage of Jewish businesses, 20 November 1936. | VII | 1052 |
| *L-219 | Organization plan of the RSHA as of 1 October 1943. (USA 479) | VII | 1053 |
| L-297 | Law commissioning Secret State Police Bureau with supervision of duties of Political Police commanders in provinces, 20 September 1936. 1936 Reichs Ministerialblatt, p. 1343. | VII | 1099 |
| L-301 | New ruling on protective custody, from The Archive, April 1934, p. 31. | VII | 1099 |
| *L-316 | RSHA Order of 5 November 1942, signed by Streckenbach, concerning jurisdiction over Poles and Eastern Nationals. (USA 346) | VII | 1104 |
| *L-358 | Extract from register of arrests by Gestapo in Poland, 1943. (USA 495) | VII | 1107 |
| *L-361 | Three documents concerning the formation of the RSHA, Himmler, 27 September 1939; Heydrich, 23 and 27 September 1939. (USA 478) | VII | 1109 |
| *R-102 | Report on activities of The Task Forces of SIPO and SD in USSR, 1-31 October 1941. (USA 470) | VIII | 96 |
| *R-110 | Himmler order of 10 August 1943 to all Senior Executive SS and Police officers. (USA 333) | VIII | 107 |
| *R-135 | Letter to Rosenberg enclosing secret reports from Kube on German atrocities in the East, 18 June 1943, found in Himmler’s personal files. (USA 289) | VIII | 205 |
| *R-142 | Memoranda to Koblenz District Headquarters, 22 April 1938 and 7 May 1938, relating to the plebiscite of 10 April 1938. (USA 481) | VIII | 243 |
| R-145 | State Police Order, 28 May 1934, at Duesseldorf, signed Schmid, concerning sanction of denominational youth and professional associations and distribution of publications in churches. (USA 745) | VIII | 248 |
| Affidavit A | Affidavit of Erwin Lahousen, 21 January 1946, substantially the same as his testimony on direct examination before the International Military Tribunal at Nurnberg 30 November and 1 December 1945. | VIII | 587 |
| Affidavit B | Affidavit of Otto Ohlendorf, 20 November 1945, substantially the same as his testimony on direct examination before the International Military Tribunal at Nurnberg 3 January 1946. | VIII | 596 |
| Affidavit C | Affidavit of Dieter Wisliceny, 29 November 1945, substantially the same as his testimony on direct examination before the International Military Tribunal at Nurnberg, 3 January 1946. | VIII | 606 |
| Affidavit D | Affidavit of Walter Schellenberg, 23 January 1946, substantially the same as his testimony on direct examination before the International Military Tribunal at Nurnberg, 4 January 1946. | VIII | 622 |
| Statement IX | My Relationship to Adolf Hitler and to the Party, by Erich Raeder, Moscow, fall 1945. | VIII | 707 |
| *Chart No. 1 | National Socialist German Workers’ Party. (2903-PS; USA 2) | VIII | 770 |
| Chart No. 3 | Organization of the SS. (USA 445) | VIII | 772 |
| *Chart No. 4 | Report of Special Purpose Group “A” regarding Jews killed in the Baltic Countries, White Russia and Lithuania. (2273-PS; USA 487) | VIII | 773 |
| *Chart No. 5 | Position of Kaltenbrunner and the Gestapo and SD in the German Police System. (USA 493) | VIII | 774 |
| *Chart No. 16 | The Structure of the German Police. (1852-PS; USA 449) | End of VIII | |
| *Chart No. 19 | Organization of the Security Police (Gestapo and Kripo) and the SD 1943-1945. (USA 480) | End of VIII | |
7. THE GENERAL STAFF AND HIGH COMMAND OF THE ARMED FORCES
In one respect the General Staff and High Command of the German Armed Forces is to be distinguished from the other groups and organizations against which the prosecution seeks declaration of criminality. The Leadership Corps of the NSDAP, for example, was the instrument by which Hitlerism rose to full power in Germany. The SA and the SS were branches—large branches to be sure—of the Nazi Party. The German police had certain roots and antecedents which antedated Hitlerism, but was almost entirely a creature of the party and the SS. The Reichs Cabinet was, in essence, merely a committee or set of committees of Reichs Ministers, and when the Nazis came to power these ministerial positions were filled for the most part by Nazis. All those groups and organizations, accordingly, either owe their origin and development to Naziism, or automatically became nazified when Hitler came to full power.
That is not true of this group, the General Staff and High Command of the German Armed Forces. It is common knowledge that German armed might and the German military tradition antedate Hitlerism by many decades. The war of 1914-18, the Kaiser, and the “scrap of paper” are modern witnesses to this fact.
As a result of the German defeat in 1918 and the Treaty of Versailles, the size and activities of the German armed forces were severely restricted. The last few years have made it abundantly apparent that these restrictions did not destroy or even seriously undermine German militarism. The full flowering of German military strength came about through collaboration between the Nazis and the career leaders of the German Armed Forces—the professional soldiers, sailors, and airmen. When Hitler came to power in 1933, he did not find a vacuum in the field of military affairs; he found a small Reichswehr and a body of professional officers with a morale and outlook nourished by German military history.
The leaders of these professional officers constitute the group named in the Indictment—the General Staff and High Command of the German Armed Forces. This part of the case concerns that group of men. Needless to say, it is not the prosecution’s position that it is a crime to be a soldier or sailor, or to serve one’s country as a soldier or sailor in time of war. The profession of arms is an honorable one, and can be honorably practiced. But it is too clear for argument that a man who commits crimes cannot plead as a defense that he committed them in uniform.
It is not in the nature of things, and it is not the prosecution’s position, that all members of this group were wicked men, or that they were all equally culpable. But this group not only collaborated with Hitler and supported many Nazi objectives. They furnished one thing which was essential and basic to the success of the Nazi program for Germany—skill and experience in the development and use of armed might.
Why did this group support Hitler and the Nazis? The answer is simple. The answer is that they agreed with the basic objectives of Naziism, and that Hitler gave the generals the opportunity to play a major part in achieving those objectives. The generals, like Hitler, wanted Germany to aggrandize at the expense of neighboring countries, and to do so if necessary by force or threat of force. Force—armed might—was the keystone of the arch, the thing without which nothing else would have been possible.