7. ADOPTION AND PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS

A. The official program of the NSDAP, proclaimed 24 February 1920 by Adolf Hitler at a public gathering in Munich.

Point 4: "None but members of the nation (volksgenosse) may be citizens. None but those of German blood, whatever their creed, may be members of the nation. No Jew, therefore, may be a member of the nation."

Point 5: "Anyone who is not a citizen may live in Germany only as a guest and must be regarded as being subject to legislation for foreigners."

Point 6: "The right to determine matters concerning government and legislation is to be enjoyed by the citizen alone. We demand therefore that all appointments to public office, of whatever kind, whether in the Reich, Land, or municipality, be filled only by citizens. * * *"

Point 7: "We demand that the state make it its first duty to promote the industry and livelihood of citizens. If it is not possible to nourish the entire population of the State, the members of foreign nations (non-citizens) are to be expelled from the Reich."

Point 8: "Any further immigration of non-Germans is to be prevented. We demand that all non-Germans who entered Germany subsequent to 2 August 1914, shall be forced immediately to leave the Reich."

Point 23: "We demand legal warfare against conscious political lies and their dissemination through the press. In order to make possible the creation of a German press we demand:

(a) that all editors and collaborators of newspapers published in the German language be members of the nation.

(b) non-German newspapers be requested to have express permission of the State to be published. They may not be printed in the German language.

(c) non-Germans be prohibited by law from financial participation in or influence on German newspapers, and that as penalty for contravention of the law such newspapers be suppressed and all non-Germans participating in it expelled from the Reich. * * *" (1708-PS)

B. Development of ideological basis for anti-Semitic measures.

Among the innumerable statements made by the leaders of the NSDAP are the following:

Rosenberg advocated in 1920 the adoption of the following program concerning the Jews:

"(1) The Jews are to be recognized as a (separate) nation living in Germany, irrespective of the religion they belong to.

(2) A Jew is he whose parents on either side are nationally Jews. Anyone who has a Jewish husband or wife is henceforth a Jew.

(3) Jews have no right to speak and write on or be active in German politics.

(4) Jews have no right to hold public offices, or to serve in the Army either as soldiers or as officers. However, their contribution of work may be considered.

(5) Jews have no right to be leaders of cultural institutions of the state and community (theaters, galleries, etc.) or to be professors and teachers in German schools and universities.

(6) Jews have no right to be active in state or municipal commissions for examinations, control, censorship, etc. Jews have no right to represent the German Reich in economic treaties; they have no right to be represented in the directorate of state banks or communal credit establishments.

(7) Foreign Jews have no right to settle in Germany permanently. Their admission into the German political community is to be forbidden under all circumstances.

(8) Zionism should be energetically supported in order to promote the departure of German Jews-in numbers to be determined annually-to Palestine or generally across the border." (2842-PS)

Rosenberg's "Zionism" was neither sincere nor consistent, for in 1921 he advocated breaking up Zionism, "which is involved in English-Jewish politics." (2432-PS). He advocated in 1921 the adoption by "all Germans" of the following slogans: "Get the Jews out of all parties. Institute measures for the repudiation of all citizenship rights of all Jews and half-Jews: banish all the Eastern Jews; exercise strictest vigilance over the native ones. * * *" (2432-PS)

Frick and other Nazis introduced a motion in the Reichstag on 27 May 1924, "to place all members of the Jewish race under special laws." (2840-PS). Frick also asked in the Reichstag, on 25 August 1924, for the realization of the Nazi program by "exclusion of all Jews from public office." (2893-PS)

C. Anti-Semitism was seized upon by the Nazi conspirators as a convenient instrument to unite groups and classes of divergent views and interests under one banner.

Adolf Hitler described racial anti-Semitism as "a new creed for the masses" and its spreading among the German people as "the most formidable task to be accomplished by our movement." (2881-PS). Rosenberg called for the Zusammenraffen aller Deutschen zu einer stahlharten, voelkischen Einheitsfront" (gathering of all Germans into a steel-hard racial united front) on the basis of anti-Semitic slogans (2432-PS). Gotfried Feder, official commentator of the Nazi Party program, stated: "Anti-Semitism is in a way the emotional foundation of our movement." (2844-PS)

There are innumerable admissions on the part of the Nazi leaders as to the part which their anti-Semitic propaganda played in their acquisition of control. The following statement concerning the purpose of racial propaganda was made by Dr. Walter Gross, director of the Office of Racial Policy of the Nazi Party:

"In the years of fight, the aim was to employ all means of propaganda which promised success in order to gather people who were ready to overthrow, together with the Party, the harmful post-war regime and put the power into the hand of the Fuehrer and his collaborators. * * * In these years of fight the aim was purely political: I meant the overthrow of the regime and acquisition of power. * * * Within this great general task the education in racial thinking necessarily played a decisive part, because herein lies basically the deepest revolutionary nature of the new spirit." (2845-PS)

In another official Nazi publication, recommended for circulation in all Party units and establishments, it is stated:

"The whole treatment of the Jewish problem in the years prior to our seizure of power is to be regarded essentially from the point of view of the political education of the German people." (To disregard this angle of the use made of anti-Semitism means) "to disregard the success and aim of the work toward racial education." (2427-PS)

D. After the acquisition of power the Nazi conspirators initiated a state policy of persecution of the Jews.

(1) The first organized act was the boycott of Jewish enterprises on 1 April 1933. The boycott action was approved by all the defendants who were members of the Reichsregierung (Reich Cabinet), and Streicher was charged with its execution. Presented as an alleged act of "self defense", the boycott action was intended to frighten Jewish public opinion abroad and force it, by the threat of collective responsibility to all Jews in Germany, to desist from warning against the Nazi danger. (2409-PS; 2410-PS)

The boycott was devised as a demonstration of the extent to which the Nazi Party controlled its members and the German masses; consequently, spontaneous action and physical violence were discouraged. Goebbels stated:

"The national-socialist leadership had declared: 'The boycott is legal', and the government demands that the people permit that the boycott be carried out legally. We expect iron discipline. This must be for the whole world a wonderful show of unity and manly training. To those abroad who believe that we could not manage it, we want to show that we have the people in our hand." (2431-PS)

(2) Laws eliminating Jews from various offices and functions.

The Nazi conspirators legislative program was gradual and, in the beginning, relatively "moderate." In the first period, which dates from 7 April 1933 until September 1935, the laws eliminated Jews from public office and limited their participation in schools, certain professions, and cultural establishments. The following are the major laws issued in this period:

Document No. Date Reichsgesetzblatt page Title and gist of law Signed by

1397-PS 7.4.33 I.175 Gesetz zur Wiederherstellung des Berufsbeamtentums (Law for the reestablishment of the professional civil service), removing Jews from Civil Service. Hitler Frick Schwerin V. Krosigk

7.4.33 I.188 Gesetz uber die Zulassung zur Rechtsanwaltschaft (Law relating to admission to the Bar) removing Jews from the Bar. Guertner

2868-PS 22.4.33 I.217 Gesetz betreffend die Zulassung zur Patentanwaltschaft (Law relating to the admission to the profession of patent agent and lawyer) excluding Jews from acting as patent attorneys. Hitler Guertner

2869-PS 6.5.33 I.257 Gesetz uber die Zulassung von Steuerberatern (Law relating to the admission of Tax Advisors) eliminating "non-Aryans" from the profession of tax consultants. Hitler Schwerin V. Krosigk

2084-PS 22.4.33 I.215 Gesetz uber die uberfullung deutscher Schullen (Law against the over-crowding of German schools and higher institutions) limiting drastically the number of Jewish students. Hitler Frick

2870-PS 26.7.33 I.538 Verordnung zur Durchfuehrung des Gesetzes uber den Widerruf von Einbuergerungen (Executing decree for the law about the Repeal of Naturalizations and the adjudication of German citizenship) defining Jews from Eastern Europe as "undesirable" and subject to denationalization. Pfundtner (Asst. to Frick)

2083-PS 4.10.33 I.713 Schriftleitergesetz (Editorial Law) barring "non-Aryans" and persons married to "non-Aryans" from the newspaper profession. Hitler Goebbels

2984-PS 21.5.35 I.608 Wehrgesetz (Law concerning Armed Forces) barring "non-Aryans" from military service.

V. Blomberg

On 10 September 1935, Minister of Education Rust issued a circular ordering the complete elimination of Jewish pupils from "Aryan" schools (2894-PS). This legislative activity, in addition to being the first step towards the elimination of the Jews, served an "educational" purpose and was a further test of the extent of control exerted by the Nazi Party and regime over the German masses.

Dr. Achim Gercke, racial expert of the Ministry of the Interior, stated:

"The laws are mainly educational and give direction. The aspect of the laws should not be underestimated. The entire nation is enlightened on the Jewish problem; it learns to understand that the national community is a blood community; it understands for the first time the racial idea, and is diverted from a too theoretical treatment of the Jewish problem and faced with the actual solution." (2904-PS)

It was clear, however, that the Nazi conspirators had a far more ambitious program in the Jewish problem and put off its realization for reasons of expediency. In the words of Dr. Gercke:

"Nevertheless the laws published thus far cannot bring a final solution of the Jewish problem, because the time has not yet come for it, although the decrees give the general direction and leave open the possibility of further developments.

"It would be in every respect premature now to work out and publicly discuss plans to achieve more than can be achieved for the time being. However, one must point out a few basic principles so that the ideas which one desires and must have ripened will contain no mistakes. * * *

"All suggestions aiming at a permanent situation, at a stabilization of the status of the Jews in Germany do not solve the Jewish problem, because they do not detach the Jews from Germany. * * *

"Plans and programs must contain an aim pointing to the future and not merely consisting of the regulation of a momentarily uncomfortable situation." (2904-PS)

(3) Deprivation of Jews of their rights as citizens. After a propaganda barrage, in which the speeches and writings of Streicher were most prominent, the Nazi conspirators initiated the second period of anti-Jewish legislation (15 September 1935 to September 1938). In this period the Jews were deprived of their full rights as citizens (First Nurnberg Law) and forbidden to marry "Aryans" (Second Nurnberg Law). Further steps were taken to eliminate Jews from certain professions, and the groundwork was laid for the subsequent expropriation of Jewish property. These laws were hailed as the fulfillment of the Nazi Party program.

The major laws issued in this period are listed below:

Document No. Date Reichsgesetzblatt page Title and gist of law Signed by

1416-PS 15.9.35 I 1145 Reichsbuergergesetz (Reich Citizenship Law), first Nurnberg Law, reserving citizenship for subjects of German blood. Hitler Frick

2000-PS 15.9.35 I 1146 Gesetz zum Schutze des deutschen Blutes, (Law for protection of German blood and German honor), forbidding marriages and extramarital relations between Jews and "Aryans". Hitler Frick Guertner Hess

1417-PS 14.11.35 I 1333 Erste Verordnung zum Reichsbuergergesetz (First regulation to Reich citizenship law), defining the terms "Jew" and "part-Jew". Jewish officials to be dismissed. Hitler Frick Hess

2871-PS 7.3.36 I 133 Gesetz ueber das Reichstagwahlrecht (Law governing elections to the Reichstag) barring Jews from Reichstag vote. Hitler Frick

1406-PS 26.4.38 I 414 Verordnung ueber die Ammeldung des Vermogens von Juden (Decree for reporting Jewish owned property), basis for subsequent expropriation. Goering Frick

2872-PS 25.7.38 I 969 Vierte Verordnung zum Reichsbuergergesctz. Fourth decree on the Citizenship Law, revoking licenses of Jewish physicians. Frick

2873-PS 17.8.38 I 1044 Zweite Verordnung zur Durchfuhrung des Gesetzes ueber die Aenderung von Familiennamen und Vornamen (Second decree on law concerning change of first and last names), forcing Jews to adopt the names "Israel" and "Sara". Frick

2874-PS 27.9.38 I 1403 Fuenfte Verordnung zum Reichsbuergergesetz. (Fifth decree to law relating to the Reich citizenship), revoking admission of Jewish lawyers.

(4) Program of 9 November 1938 and elimination of Jews from economic life.

In the autumn of 1938, within the framework of economic preparation for aggressive war and as an act of defiance to world opinion, the Nazi conspirators began to put into effect a program of complete elimination of the Jews. The measures taken were partly presented as retaliation against "world Jewry" in connection with the killing of a German embassy official in Paris. Unlike the boycott action in April, 1933, when care was taken to avoid violence, an allegedly "spontaneous" pogrom was staged and carried out all over Germany on orders of Heydrich.

The organized character of the pogrom is also obvious from the admission of Heydrich and others at a meeting presided over by Goering at the Air Ministry in Berlin. (1816-PS)

The legislative measures which followed were discussed and approved in their final form at a meeting on 12 November 1938 under the chairmanship of Goering, with the participation of Frick, Funk and others. The meeting was called following Hitler's orders "requesting that the Jewish questions be now, once and for all, coordinated and solved one way or another." The participants agreed on measures to be taken "for the elimination of the Jew from German economy." Other possibilities, such as the establishment of ghettos, stigmatization through special insignia, and "the main problem, namely to kick the Jew out of Germany", were also discussed. All these measures were later enacted as soon as conditions permitted. (1816-PS)

The laws issued in this period were signed mostly by Goering, in his capacity as Deputy for the Four Year Plan, and were thus connected with the consolidation of control over German economy in preparation for aggressive war.

The major laws issued in this period are listed below:

Document No. Date Reichsgesetzblatt page Title and gist of law Signed by

1412-PS 12.11.38 I 1579 Verordnung ueber eine Suhneleistung der Juden (Order concerning expiation contribution of Jews of German nationality), obligating all German Jews to pay a collective fine of 1.000.000.000 Reichsmark. Goering

2875-PS 12.11.38 I 1580 Verordnung zur Ausschaltung der Juden aus dem deutschen Wirtschaftsleben (Decree on elimination of Jews from German economic life), barring Jews from trade and crafts. Goering

1415-PS 28.11.38 I 1676 Polizeiverordnung ueber das Auftreten der Juden in der Queffentlichkeit (Police regulation of the appearance of Jews in public), limiting movement of Jews to certain localities and hours. Heydrich (assistant to Frick)

1409-PS 3.12.38 I 1709 Verordnung ueber den Einsatz. des Juedischen Vermoegens (Order concerning the Utilization of Jewish property), setting time limit for the sale or liquidation of Jewish enterprises; forcing Jews to deposit shares and securities held by them; forbidding sale or acquisition of gold and precious stones by Jews. Funk Frick

1419-PS 30.4.39 I 864 Gesetz ueber Mietverhaeltnisse mit Juden (Law concerning Jewish tenants) granting to landlords the right to give notice to Jewish tenants before legal expiration of lease. Hitler Guertner Krohn Hess Frick

2876-PS 4.7.39 I 1097 zehnte Verordnung zum Reichsbuergergesetz (Tenth decree relating to the Reich Citizenship Law), forcible congregation of Jews in the "Reichsvereinigung der Juden in Deutschland". Frick Rust Kerrl Hess

2877-PS 1.9.41 I 547 Polizeiverordnung ueber die Konnzeichnung der Juden (Police order concerning identification of Jews) forcing all Jews over 6 years of age to wear the Star of David. Heydrich

(5) Extermination of German Jews. Early in 1939 Hitler and the other Nazi conspirators decided to arrive at a "final solution of the Jewish problem." In connection with preparations for aggressive war, further consolidation of controls and removal of elements not belonging to the Volksgemeinschaft (racial community) were deemed necessary. The conspirators also anticipated the conquest of territories in Eastern Europe inhabitated by large numbers of Jews and the impossibility of forcing largescale emigration in war-time. Hence, other and more drastic measures became necessary. The emphasis in this period shifted from legislative acts to police measures.

On 24 January 1939 Heydrich was charged with the mission of "arriving at a solution of the Jewish problem." (710-PS)

On 15 January 1939 Rosenberg stated in a speech at Detmold:

"For Germany the Jewish problem will be solved only when the last Jew has left Germany."

On 7 February 1939, Rosenberg appealed to foreign nations to forget "ideological differences" and unite against the "real enemy," the Jew. He advocated the creation of a "reservation" where the Jews of all countries should be concentrated (2843-PS). In his Reichstag speech on 30 January 1939, Hitler made the following prophecy:

"The result [of war] will be * * * the annihilation of the Jewish race in Europe." (2663-PS)

Thus the direction was given for a policy which was carried out as soon as the conquest of foreign territories created the material conditions. (For the carrying out and results of the program of the Nazi conspirators against Jewry, see Chapter XII.)

In the final period of the anti-Jewish crusade very few legislative measures were passed. The Jews were delivered to the SS and various extermination staffs. The last law dealing with the Jews in Germany, signed by Frick, Bormann, Schwerin V. Krosigk, and Thierack, put them entirely outside the law and ordered the confiscation by the State of the property of dead Jews (1422-PS). This law was a weak reflection of a factual situation already in existence. Dr. Wilhelm Stuckart, assistant to Frick, stated at that time:

"The aim of the racial legislation may be regarded as already achieved and consequently the racial legislation as essentially closed. It led to the temporary solution of the Jewish problem and at the same time prepared the final solution. Many regulations will lose their practical importance as Germany approaches the achievement of the final goal in the Jewish problem." (Stuckart and Schiedermair: Rassen und Erbpflege in der Gesetzgebung des Reiches (The care for Race and Heredity in the Legislation of the Reich), Leipzig, 1943, p. 14.)

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ADOPTION AND PUBLICATION OF THE PROGRAM FOR PERSECUTION OF JEWS

Document Description Vol. Page

Charter of the International Military Tribunal, Article 6, especially 6 (a).....I 5

International Military Tribunal, Indictment Number 1, Section IV (D) 3 (d)......I 20

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.

*710-PS Letter from Goering to Heydrich, 31 July 1941, concerning solution of Jewish question. (USA 509)...III 525

1397-PS Law for the reestablishment of the Professional Civil Service, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 175...III 981

1401-PS Law regarding admission to the Bar, 7 April 1933. 1933 Reichsgesetzblatt, Part I, p. 188....III 989

1406-PS Decree for reporting of Jewish owned property, 26 April 1938. 1938 Reichsgesetzblatt, Part I, p. 414....III 1001

1406-PS Order concerning utilization of Jewish property, 3 December 1938. 1938 Reichsgesetzblatt, Part I, p. 1709...IV 1

1412-PS Decree relating to payment of fine by Jews of German nationality, 12 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1579....IV 6

1415-PS Police regulation concerning appearance of Jews in public, 28 November 1938. 1938 Reichsgesetzblatt, Part I, p. 1676....IV 6

1416-PS Reich Citizen Law of 15 September 1935. 1935 Reichsgesetzblatt, Part I, p. 1146....IV 7

*1417-PS First regulation to the Reichs Citizenship Law, 14 November 1935. 1935 Reichsgesetzblatt, Part I, p. 1333. (GB 258)....IV 8

1419-PS Law concerning Jewish tenants, 30 April 1939. 1939 Reichsgesetzblatt, Part I, p. 864.....IV 10

1422-PS Thirteenth regulation under Reich Citizenship Law, 1 July 1943. 1943 Reichsgesetzblatt, Part I, p. 372....IV 14

*1708-PS The Program of the NSDAP. National Socialistic Yearbook, 1941, p. 153. (USA 255, USA 324).....IV 208

*1816-PS Stenographic report of the meeting on The Jewish Question, under the Chairmanship of Fieldmarshal Goering, 12 November 1938. (USA 261)....IV 425

2000-PS Law for protection of German blood and German honor, 15 September 1935. 1935 Reichsgesetzblatt, Part I, No. 100, p. 1146...IV 636

2022-PS Law against overcrowding of German schools and Higher Institutions, 25 April 1933. 1933 Reichsgesetzblatt, Part I, p. 225....IV 651

2083-PS Editorial control law, 4 October 1933. 1933 Reichsgesetzblatt, Part I, p. 713....IV 709

2084-PS Law on formation of the Student Organization at Scientific Universities, 22 April 1933. 1933 Reichsgesetzblatt, Part I, p. 215....IV 718

*2409-PS Extracts from The Imperial House to the Reich Chancellery by Dr. Joseph Goebbels. (USA 262)....V 83

2410-PS Article by Julius Streicher on the "coming popular action" under banner headline "Beat the World Enemy", from Voelkischer Beobachter, South German Edition, 31 March 1933...V 85

2427-PS The Racial Awakening of German Nation by Dr. Rudolf Frercks, in National Political Enlightenment Pamphlets....V 92

2431-PS The Revolution of the Germans; 14 years of National Socialism, by Dr. Joseph Goebbels....V 92

2432-PS Extracts from Rosenberg's, Writings From The Years, 1921-1923....V 93

*2663-PS Hitler's speech to the Reichstag, 30 January 1939, quoted from Voelkischer Beobachter, Munich edition, 1 February 1939. (USA 268)....V 367

2840-PS Dr. Wilhelm Frick and his Ministry, 1937, p. 180-181....V 503

2841-PS Extract from the Care for Race and Heredity in the Legislation of the Reich, Leipzig, 1943, p. 14....V 504

2842-PS Extract from Writings of the years, 1917-21, by Alfred Rosenberg, published in Munich 1943, pp. 320-321....V 504

2843-PS Race Politics from Documents of German Politics, Vol. VII, pp. 728-729.....V 505

2844-PS The Program of the Nazi Party, by Gottfried Feder, August 1927, Munich, p. 17....V 506

2845-PS One Year of Racial Political Education by Dr. Gross in National Socialist Monthly No. 54, September 1934, pp. 833-834....V 506

2868-PS Law relating to admission of profession of Patent-Agent and Lawyer, 22 April 1933. 1933 Reichsgesetzblatt, Part II, No. 41, pp. 217-8....V 529

2869-PS Law relating to admission of Tax Advisors, 6 May 1933. 1933 Reichsgesetzblatt, Part I, No. 49, p. 257....V 530

2870-PS Executory decree for law about repeal of Naturalization and Adjudication of German Citizenship, 26 July 1933. 1933 Reichsgesetzblatt, Part I, p. 538....V 530

2871-PS Law governing elections to Reichstag, 7 March 1936. 1936 Reichsgesetzblatt, No. 19, p. 133....V 532

2872-PS Fourth decree relative to Reich Citizen Law of 25 July 1938. 1938 Reichsgesetzblatt, Part I, p. 969.....V 533

2873-PS Second decree allotting to Implementation of Law on change of first and family names, 17 August 1938. 1938 Reichsgesetzblatt, Part I, p. 1044....V 534

2874-PS Fifth decree to law relating to Reich Citizenship, 27 September 1938. 1938 Reichsgesetzblatt, Part I, No. 165, p. 1403...V 535

2875-PS Decree on exclusion of Jews from German economic life, 12 November 1938.....V 536

2876-PS Tenth decree relating to Reich Citizenship Law, 4 July 1939. 1939 Reichsgesetzblatt, Part I, p. 1097...V 537

2877-PS Police decree concerning "marking" of Jews, 1 September 1941. 1941 Reichsgesetzblatt, Part I, No. 100, p. 547....V 539

2881-PS Hitler's speech of 12 April 1922, quoted in Adolf Hitler's Speeches, published by Dr. Ernst Boepple, Munich, 1934, pp. 20-21, 72....V 548

2893-PS Article: "Dr. Frick and the Unity of the Reich" by Walter Koerber, published in Our Reich Cabinet, Berlin, 1936, p. 87....V 562

2894-PS General Decree of September 10, 1935 on establishment of separate Jewish schools published in Documents of German Politics, 1937, p. 152....V 562

2904-PS The Racial Problem and the New Reich, published in The National Socialist Monthly, No. 38, May 1933, pp. 196-7....V 570

2984-PS Law concerning armed forces, 21 May 1935. 1935 Reichsgesetzblatt, Part I....V 686

*3054-PS "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167)....V 801