GREIFELT et al. so-called RuSHA-Trial US Military Tribunal Nuremberg, Judgment of 10 March 1948 Page numbers in braces refer to US Military Tribunal Nuremberg, judgment of 10 March 1948, in Trials of War Criminals Before the Nuremberg Military Tribunals Under Control Council Law No. 10 , Volume V 1 JUDGMENT.................................................................................................................4 KIDNAPING OF ALIEN CHILDREN........................................................................... 14 ABORTIONS ON EASTERN WORKERS .................................................................. 19 TAKING AWAY INFANTS OF EASTERN WORKERS .............................................. 21 PUNISHMENT FOR SEXUAL INTERCOURSE WITH GERMANS ........................... 25 HAMPERING THE REPRODUCTION OF ENEMY NATIONALS .............................. 28 FORCED EVACUATIONS AND RESETTLEMENT OF POPULATIONS; FORCED GERMANIZATION OF ENEMY NATIONALS; SLAVE LABOR.................................. 31 COMPULSORY CONSCRIPTION OF ENEMY NATIONALS INTO THE ARMED FORCES .................................................................................................................... 45 PLUNDER OF PUBLIC AND PRIVATE PROPERTY................................................. 48 PERSECUTION AND EXTERMINATION OF THE JEWS ......................................... 52 WAR CRIMES AND CRIMES AGAINST HUMANITY................................................ 52 COUNT THREE ......................................................................................................... 53 ULRICH GREIFELT ................................................................................................... 54 COUNT THREE ..................................................................................................... 54 RUDOLF CREUTZ..................................................................................................... 54 COUNT THREE ..................................................................................................... 54 KONRAD MEYER-HETLING ..................................................................................... 55 COUNT THREE ..................................................................................................... 55 OTTO SCHWARZENBERGER.................................................................................. 56 COUNT THREE ..................................................................................................... 56 HERBERT HUEBNER ............................................................................................... 56 COUNT THREE ..................................................................................................... 57 WERNER LORENZ ................................................................................................... 57 COUNT THREE ..................................................................................................... 57 HEINZ BRUECKNER................................................................................................. 58 COUNT THREE ..................................................................................................... 58 OTTO HOFMANN...................................................................................................... 58 COUNT THREE ..................................................................................................... 58 2 RICHARD HILDEBRANDT ........................................................................................ 59 COUNT THREE ..................................................................................................... 60 FRITZ SCHWALM ..................................................................................................... 60 COUNT THREE ..................................................................................................... 60 MAX SOLLMANN ...................................................................................................... 60 COUNT THREE ..................................................................................................... 61 GREGOR EBNER...................................................................................................... 61 COUNT THREE ..................................................................................................... 61 GUENTHER TESCH.................................................................................................. 62 COUNT THREE ..................................................................................................... 62 INGE VIERMETZ ....................................................................................................... 62 SENTENCES ............................................................................................................. 62 X. CONCURRING AND DISSENTING OPINION BY JUDGE DANIEL T. O'CONNELL66 3 JUDGMENT The constitution, powers, jurisdiction, and functions of this Tribunal are fully stated in the judgment of the International Military Tribunal and the following subsequent cases: The United States of America vs. Brandt, et al, Case No. 1; the United States of America vs. Altstoetter, et al, Case No. 3; and the United States of America vs. Pohl, et al, Case No. 4. We deem it sufficient to say that this case was submitted to this Tribunal, and the trial conducted, in accordance with the law and rules of procedure applicable to the Tribunal. When it is considered that the oral and documentary evidence in this case consists of approximately 10,000 pages, it becomes readily apparent that any effort to even summarize the evidence would be impracticable. We shall, in the main, therefore record here our findings. Those interested in the details of evidence must be referred to the record. During the course of the trial several witnesses, including some defendants who made affidavits that were offered as evidence by the prosecution, testified that they were threatened, and that duress of a very improper nature was practiced by an interrogator. The affidavits referred to were excluded from the evidence and have not been considered by the Tribunal. Considerable evidence on the part of the defense was adduced to the effect that certain functions, actions, and measures taken, were Party matters while others came under the competency of offices of the government. In our opinion this attempted differentiation of spheres of competency makes no difference. In practice the Nazi Party and the Government in Germany under Hitler were one and the same thing. In fact, the law in Germany under date of 1 December 1933 declared the unity of the Nazi Party and the German State. The indictment in this case is framed in three counts. The first and second counts charge the commission of crimes against humanity and war crimes, respectively. Count one alleges, in substance, that between September 1939 and April 1945, all of the defendants— "were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, persecutions on political, racial, and religious {88} grounds, and other inhumane and criminal acts against civilian populations, including German civilians and nationals of other countries, and against prisoners of war." Count one further alleges that these— "Acts, conduct, plans and enterprises * * * were carried out as part of a systematic program of genocide, aimed at the destruction of foreign nations and ethnic groups, in part by elimination and suppression of national characteristics. The object of this program was to strengthen the German nation and the so-called 'Aryan' race at the expense of such other nations and groups by imposing Nazi and German characteristics upon individuals selected therefrom * * * and by the extermination of 'undesirable' racial elements. This program was carried out in part by— (a) Kidnaping children. 4 (b) Abortions. (c) Taking away infants of Eastern workers. (d) Punishment for sexual intercourse with Germans. (e) Preventing marriages and hampering reproduction of enemy nationals. (f) Evacuating enemy populations from their native lands by force. (g) Forced Germanization of enemy nationals. (1) Slave labor. (h) Plunder. (i) Persecution of Jews." Count two, which charges the defendants with war crimes, alleges that all the defendants between September 1939 and April 1945— "Were principals in, accessories to, ordered, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with atrocities and offenses against persons and property constituting violations of the laws or customs of war, including but not limited to plunder of public property, murder, extermination, enslavement, deportation, imprisonment, torture, and ill treatment of and other inhumane acts against thousands of persons. These crimes embraced, but were not limited to 'the ten specifications made in count one,' and were committed against prisoners of war and civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by, Germany." The fourteen defendants in this case were, in various capacities, connected with four organizations, namely, Reich Commissioner for Strengthening of Germanism, Staff Main Office (commonly {89} known