The treatment of the Jews within Germany was therefore as much of a plan for aggressive war as was the building of armaments and the conscription of manpower. It falls within the jurisdiction of this Tribunal as an integral part of the planning and preparation to wage a war of aggression.
It is obvious that the persecution and murder of Jews throughout the conquered territories of Europe following 1939 are War Crimes as defined by Article 6(b) of the Charter. It further violates Article 46 of the Regulations of the Hague Convention of 1907, to which Germany was a signatory. I quote Article 46 and ask the Court to take judicial notice thereof:
“Family honor and rights, the lives of persons, and private property, as well as religious convictions and practices, must be respected.”
I know of no crime in the history of mankind more horrible in its details than the treatment of the Jews. It is intended to establish that the Nazi Party precepts, later incorporated within the policies of the German State, often expressed by the defendants at bar, were to annihilate the Jewish people. I shall seek to avoid the temptation to editorialize or to draw inferences from the documents, however great the provocation; rather I shall let the documentary evidence speak for itself—its stark realism will be unvarnished. Blood lust may have played some part in these savage crimes, but the underlying purpose and objective to annihilate the Jewish race was one of the fundamental principles of the Nazi plan to prepare for and to wage aggressive war. I shall from this point limit my proof to the overt acts committed; but I dare to request the Court’s indulgence, if it is necessary in weaving the pattern of evidence, to make reference to certain documents and evidence previously submitted.
Now this ultimate objective, that is, the elimination and extermination of the Jews, could not be accomplished without preliminary steps and measures. The German State must first be seized by the Nazi Party, the force of world opinion must be faced, and even the regimented German people must be indoctrinated with hatred against the Jews.
The first clear-cut evidence of the Party policies concerning the Jews was expressed in the Party program in February 1920. I offer in evidence Document 1708-PS, “Program of the National Socialist Party,” Exhibit USA-255. With the Court’s permission, I would like to quote the relevant part of that program, Paragraph (4):
“Only a member of the race can be a citizen. A member of the race can only be one who is of German blood without consideration of confession. . . .”
THE TRIBUNAL (Mr. Biddle): May I interrupt a minute. It is a little hard to know where these exhibits are or what volume you are now quoting from.
MAJOR WALSH: This, Sir, is 1708-PS.
THE TRIBUNAL (Mr. Biddle): Volume 2?