WAR CRIMES and CRnms AGAINST HUiviANITY PART. III COMONPLAN AND CONSPIRACY IN THE EST.h.BLISKi~ENT OF CmWENTRhfJ.'ION CAliPS Prepared by 1st LT NICHOLAS R. DO~~N CAPTAIN EDGAR G. BOEDEKER ,::.­, PRESENTED BY SECTION IV F"...ARDY l(J. HOLLERS, , ·Co1on~1, J.A.G.D., Chief of·Section IV. \J!LLIMI.l F. VvALSH, Major, A.C., Deputy. \ TOPICAL INDEX. Common Plan and policy in ~stablish­ ment of Concen ration Camps References to Indictment. 1 B. Legal References.- 3 C. statement of Evidence. 7 10 The role of concentration camps 7 in the Nazi conspiracy to es- tablish complete domination in Germany. II. Establishmsnt of concentration 11 camps and authority for con­ finenent. III.Purposes of concentration camps 17 and types of inmates. 1. Political. 17 Racial. 20 3. Religious. 22 4. Criminal. 23 5. hntisocial. 24 6. Prisoners of ~ar. 24 Others 26 IV. Administration of concentration 27 canps. 1. Control over camps 27 Penal and disciplinary 28 regulations. V. Developments in the use of concen- 31 tration cacps in line with the change of policy of the German Government. 1. The use of concentration 31 camps in the interest of \ political domination. 2. The use of concentration 31 camps as a source of slave labor 3. The use of concentration 34 camps for extermination. 4. The use of concentration 38 camps to exterminate prisoners of war. D. Argument and Conclusion. 41 - i - APpendix. 1. Numerioal List of Documents. 43 2. Documents Fertaining ~o 51 Individual Defendants~. \ 3. Documents Fertaining to 52 Indi~idual organizatiqns. I- .. - .!:u- T. BLE OF ABBREVIATIONS. NSDAP • Nationalsozialistische Deutsche, Arbeiterpartei or National socialist German Workers' Party. SD • Sicherheitsdienst or security Service. GEST",U'0 ..• Geheime Staatspolizei or secret state Police. KRIPO • Reichs Kriminalpolizei or Criminal Police. SIPO '. sicherheitspAlizei or · security Police. (This w~s the name. given to the GESTAPO and the KRIPO considered jointly.) SIPO and SD Sicherheitsp~lizei and Sicherheitsdienst or security Police and Security service. (This was the name given to the SIPO and the SD considered jointly) • RSHA Reichssicherhoitshauptamt or Reich security Head Office. (This was the headquarters office of the GESTAIJO, KRIPO, and SD. This offico was also known as theoffice of the Chief of the security police and ,SD) . WVHA -, . wirtschaft and Verwaltungs­ . hauptamt, or Economic and dministrativo Main Office. , - ~_~.:i. A. References to Indictnent. COUNT ONE - THE C01ThJION PLAN OR CON/J'IRACY III Statenent of the Offense, on page 3. IV Particulars of the nature and developnent of the Co~on Plan or Conspiracy. (D) The Acquiring of Totalitarian Control of Gernany: Political (b ) on pat;e 5. (d) on page 6. (G)· War Crines and Crimes Against Humanity Cornnitted in the Course of Executing the Conspiracy for which the Conspirators are Responsible, 2 and 3 on page 10. / and COUNT THREE - UilR CRIHES VIII statecent of the Offense CA) ~1.irder and Illtreatnent of Civilian Populations of or in ocoupied Territory and on the HiGh Seas. Paragraphs 5 and 6 on page 12 (C) }~rder and Ill-Treatnent of Prisoners of War, and of other Menbers of the .~rned Forces of the Countries With 1ilhon Gernany was at '/ar and of Persons on the High Seas, ParaGraph 1 on pabe 17. and , X statenerJ.t of the 0ffeuf3e, 'PA.)"-:l.J'~-i::!:1 2 on page 25. (.I),.) l1,iurder, F.:xte~.·cjTI.'J..t7.0n, 1!:n8;.·:1~:·t'·~::)-~t. Du 'f;o~c t):1. t t :)l'i. ~.:n d. o·~ ".6r· _..~;.'"' 1\ ',~_: 'l~ c .~ c: +; t3 C,,)Ti':.l.l t.·~~c:;d ",~G·4.~_!"~3l~ C·:_ '/.1 ~L~i. ~~r!. j?·~;,ulc.:~:~ OJ.·S B~I'v"C8 aTJ0 :). .... ~-!~ ~ roc ,..,c:.~~... ,~ - 1 - (B) Persecution on Political, Racial and Religious Grounds in Execution of and in Connection with the Connon Plan Eentioned in Count One. Paragraph 2 on page 26. Paragraph 11 on page 2?~ \ I­ I B. LEGAL RSFJ:R3UCES. 1. Charter - Article 6 (a): HCRD'::ZS AGl:..I1nT :PEA.C3: naL'lely., planning, preparation, imtiation 0r waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foreeoinG. Ii 2. Charter - Article 6 (b): ;r;:,8. CRn:",=S: namely, violations of the le.ws or customs of war. Such violations shall in­ clude, but not be limited to, nurder, ill­ treatment or deportation to slave labor or ~or any other purpose of civilian population of or in occupied territory, murder or ill­ treatnent of prisoners of war or persons on the seas, killinG of hostabes, plunder of public or private property, wanton destruction of cities, towns or villaces, or devastation not justified by military necessity. II 3. Charter - Article 6 (c): 'lI~::n::=zs A'i-ADJST FillLuHTY : namely, nurder, extermination, enslavement, deportation, and other inhumane acts committed aGainst any civilian populations, before or durinG the war; or persecutions on political, racial or reliGious grounds in execution of or in connection with any crine within the jurisdiction of the Tribunal, whether or not in violation of domestic law of the country where perpetrated. n 4. Prear:lble to the 4th Eague convention, 18 Oct 1907: "Until a more complete c0de of the laws of war can be issued the hl~h contra0tJng parties deem it exped.ient to d8cla::'G that, in cases not inoludeJ under tb~ r~culations ~n6 n311i~er- adopted by them l populations ents renain under the prut.ec.t'1 CJt~ a'L~d rule of the law of nations: as they res'JJ t' from tho usages establishei between oivilized nations. \ from tho laws of hUl'1.ani ty an'1 th.=; public conscience. ;f 5. HaGue COl1vcn+'~0n Nr), 4 of ;.8 ~)[:t. l~:~)~': Articles 4. 3. 5, 7, ~ni4~~ ac l~Jt-l.~t·jCiJ.·) ~~ ~.- ?J'iS~·!.l;~':J:":) C·T~ 't''.'al~ 8.TC in the p::'v';G C ..... ~ ~l:···} :; ..... f:.;.~, ::. ~:_c ';.i"~ r.. :~~rL~·'~··fn:~:J : but not ,.~. t.,l. l : j~.':~.:-'.:.d;'·l..:.f' .-;1:' '~'vO:)::3 who capturo tL·:~:1'J. 'r.~.~.(:)- i...· I.I·-~~ " '~:'~ .;l '}[.. ~ .. !."l:.r~ 3 ..:....:v· treat8 d '\ f)..11 "t·L ':-; _:. ..... ·::--:.:··C :-3 ' :r~ 6. 1. b ,~ .. ). Cli. ;in~~s , exoept arms, hOIS0,3, - 8.::1.:J. r:li.LL7.ctry papers, remain their proporty.N - ~ - b. ",Article 5 - Prisoners of war may be interned in a'town, fortress, camp, or other place, and bound not to:;o beyond certain fixed limits; but they cannot bo confined except as an indispensable measure of safety and only while the circumstances which necossitate the measure continue to , exist." O'l "Artiole 6 - The state may utilize the labour of prisoners of war accordin3 to their rank and aptitUde, officers excepted. The tasks shall not be excessive and shall have no connection with tho operations of the war. Prisonors may bo authorizod to work for tho public sorvice, for private persons, or on their own account. 1.'lork done for the state is paid at the rates in force for work of a similar kind done by soldiers of the national army, or, if thore are none in force, at a rate acoordinG to the work executed, lfuen the work is for other branohes of tho pUblic service or for private persons the oonditions arc settled in aGreoment with the military authorities. The waGes of the prisoners shall bO towards improvinG their position, and the balanoe shall be paid thom on thoir release, after deductinG the cost of their maintenance." d. "Article 7 - tho Government into whose hands prisoners of war have fullen'is oharGed with their maintenance. In tho absence of a special agree­ mont between tho bolli3erents, prisoners of I, war shall be treated as reGards board, lodging, and clothinG on tho sane footinG as the troops of the Govornnent who capturod them. ,t o. "..i.rticlo 46 - Family honour cmd rights~ the lives of persons, and private property, as well as religious convictions and prectico, must be respected. Private property cannot be con­ fiscated." 6. Preamble to the 6th HaGue Convention, 1907: "It could not be intendod by the hiGh contract­ ing parties that the case not provided for should, for want of written provision, be left to the arbitrary judgoment of military com­ manders ." 7. Geneva (Prisoners of War) convention of 27 July 1929, Artioles 2, 3, 4, and 66: a. nArticlo 2 - Prisoners of war are in the power of the hostile Power, but not ,---" - 4 - I of tho individuals or corps who have captured them. They must at all times be humanely treated and protected, particularly against acts of violence~ insults and public curio­ sity. Measures of reprisal ugeinst them are prohibitod.~ b. ",Article 3 - Prisonors of war have the right to have their person und their honour respocted. ~{oroen shull be tre&ted with 0.11 tho regard due to their sex. Prisoners retain their full stutus (c i viI) •" c, "Article 4 - The Power detaining prisoners of war is bound to provide for thoir maintenance.• Difference in treatment among prisoners is lcwful only when it is based on the ~ilitary rcnk, state of physical or ~ento.l he~lth, professional quclifications or sex of those who profit thereby. t, d, "Article 66 - If the death penalty is pronounced oGainst a prispner of war, u comnunication settin~ forth in detuil the nnturo and circunstnnces of the offense shall be sent e.s soon cs possible to the representa­ tive of the protectin3 Power, for trc~smission to the Power in whose crnies the prisoner served.