Nuremberg and Other War Crimes — Part 3

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Nuremberg

 

and

 

Other War Crimes Trials:

 

a New Look

 

[Part 3]

 

by

Richard Harwood

 

1975

 

CONTENTS

 

Introduction ……………………………………….. 1

 

Facts & Figures …………………………………… 1

 

The Scene is Set …………………………………. 3

 

The Occupation …………………………………… 5

 

De-Nazification …………………………………… 7

The Role of the OSS ……………………………. 9

 

Belsen ………………………………………………….. 11

 

The International Military Tribunal … 11

 Jackson’s Speech ………………………………. 18

 Psychology of Defendants …………………. 19

 The Defendants ………………………………… 19

 The Witnesses …………………………………… 29

 The Sentences …………………………………… 34

 The Executions ………………………………….. 34

 The Imprisonments ……………………………. 34

 

The American Military Tribunal ……….. 35

 AMT4 …………………………………………………. 36

 AMT6 …………………………………………………. 37

 AMT7 …………………………………………………. 39

 AMT9 …………………………………………………. 40

 AMT10 ………………………………………………… 41

 The Prosecution …………………………………. 44

 

Trial of Manstein …………………………………. 45

 

Dachau Trials ………………………………………. 48

 

Trial of Eichmann ……………………………….. 51

 Eichmann the Zionist …………………………. 54

 

Recent German Trials ………………………… 55

 

Italian Trials ……………………………………….. 56

 

Criticism of the Trials …………….………….. 57

 The Charges ………………………………………. 57

 The Court ………………………………………….. 58

 The Defendants …………………………………. 58

 The Hidden Aspect …………………………….. 59

 

APPENDICES

A The Katyn Massacre ……………………….. 59

B Bombing of Civilians ……………………….. 61

C The ‘Repatriations………………………….. 64

D Palestine …………………………………………… 66

Bibliography …………………………………………. 69

 

 

Cover photo shows the funeral pyre set up in a Dresden street of some of the 135,000 civilian victims of Allied bombing of that German city.

© 1978

All Rights Reserved

Printed & published by Historical Review Press, Chapel Ascote, Ladbroke, Southam, – Warks., England

 


 

[NOTES: 

1. These notes and Version History (see below) do not appear in the original book. They are here to explain what is not original to the book and what is additional material. For example the layout is not original, the book is formatted with two columns, while this version has a standard “one column” format.

 

2. This version contains footnotes (the original did not) and additional images, indicated by [Add. Image] that did not appear in the original book.

 

3. Page numbers in square brackets, e.g.  [Page 3] refer to the original book. If a page number falls within a sentence in the original it has been moved to the end or beginning of the sentence, or paragraph.

 

4. The English spelling “Nuremberg” is used throughout the text here, while the original book uses the German spelling.

 

5.  …. ]

 

Version History

Ver 2: Aug 6, 2014 – Added additional images and footnotes to Setting the Scene.

Ver 1: Aug 3, 2014 – Added additional images and footnotes to Introduction and Facts & Figures.

 


 

 

INTRODUCTION

 

The execution in 1976 of British and American mercenaries in Angola for ‘war crimes’ has brought back to public attention this peculiar and disturbing subject. [1]

 

During the Angolan trial, the judges intervened at several points to restrain the defence counsel from putting its case too well. The court could not tolerate any evidence which might help the accused criminals, they said.

 

The British press whined hypocritically about this travesty of justice. Yet the simple-minded Angolans were only doing as their European mentors had taught them: the Angolan trial was virtually a carbon-copy of the International Military Tribunal at Nuremburg in 1946. All the ingredients were there: the pretence of justice, the restrictions on the defence, the presumption of guilt before the trial had even started, the supervision of an international tribunal, the hysterical accusations of prosecution witnesses etc., etc. It is easy for the press to complain about the standards of ‘justice’ in a backward and far-off land in darkest Africa. But it is not so easy for them to criticise a series of trials for which we were responsible, at least in part, and which have gone down in history and subsequent protocol agreements, as legal precedent.

 

We are subject to no such restrictions. In this short volume, we hope to examine as thoroughly and objectively as possible the vexed subject of the trials at Nuremburg, and in so doing make some contribution to a rational understanding of this aspect of recent history which has, along with other events, been grotesquely twisted by the enemies of truth. One such example is the allegation that six million Jews were gassed as part of an official extermination programme on the part of the German government of the Hitler era and which formed one of the major charges against the Nazi leaders at Nuremburg.

 

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[Add. Image] Aerial view of Nuremberg “Palace of Justice” in Winter 1945-46

 

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[Add. Image] 1945-46 The Court House – “Palace of Justice”.

 

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[Add. Image] On guard at the “Palace of Justice”.

 

Footnotes

[1] See PART 1

 

 

 

THE OCCUPATION

 

 

In the early days of the Allied occupation of Germany,  brutality was the order of the day. German prisoners in one PoW camp were deliberately kept on a starvation diet by the commandant. At another camp, Americans “used Nazi torture devices” to make prisoners confess misdeeds, according to Robert Murphy’s Diplomat Among Warriors (Doubleday, 1964). [1]

 

Constantine FitzGibbon’s book Denazification (Michael Joseph, 1969) [2] reveals that:

Being devoted to the free enterprise system, they looted individually. The kitbags of GIs who returned from occupation duty in Germany immediately after the war contained many curious items, and some American officers made small fortunes at this time. They also left a lot of half-American babies behind, for that is another form of loot. All this is quite normal post-war practice and perhaps taught the Germans one of the stern lessons that they had apparently failed to learn after the First World War, namely, that it is excessively foolish to fight a war and lose it.

 

A fairly senior Public Relations Officer attached to a very senior US headquarters informed me in mid-1946 that he had ‘liberated’ $180,000-worth of ‘Nazi’ property. With this loot he proposed to buy himself a TV station in the US.

 

In Brittany in 1944 a GI was arrested for rape, court-martialled and duly sentenced. It was generally agreed among the officers of the court that such behaviour was best postponed until the GIs had crossed the German border.

 

At Le Havre, in March of 1946, I watched my luggage being loaded onto the Liberty Ship that was transporting myself and other American officers home. The temporary longshoremen (dockers Ed.) were SS prisoners. In order to humiliate these arrogant racists, American negro soldiers had been detailed to guard them.

 

Such stories could be, and indeed have been,  endlessly multiplied.

 

(The hyper-race-consciousness of the Americans is rather curious in view of the fact that the war was supposedly fought against ‘racism’. This quote lends even more weight to Julius Streicher’s allegation that he was beaten up by negro American soldiers whilst in jail at Nuremburg.) [3]

 

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[Add. Image] Julius Streicher in the dock at Nuremburg

 

Efforts were of course made to prevent fraternisation between the American troops and the German civilians. In June, the military police arrested a thousand offenders and reported them for court martial. This stemmed from a United States directive (JCS 1067) of April 1945, which forbade fraternisation. [4] Most of the ideas in this directive, sent to General Eisenhower from Washington, came (yet again) from Morgenthau. A special study of the widespread infringement of the regulations was made by an officer of the Psychological Warfare Branch of the OSS, Saul K. Padover, an historian and psychologist. The study was later published as a book: Psychologist in Germany (Phoenix House, 1946) [5] , which FitzGibbon describes as,

 

highly emotional, with the standard left-wing views of intellectuals in those days: violently pro-Russian and anti-German.

 

The ordinary GIs could not fathom the logic of the order — or its nomenclature. For as one culprit remarked:

 

I never wanted to treat her like she was my brother.

 

On 12 June 1945, Field Marshal Montgomery partially rescinded the order as far as British troops were concerned, and three months later, when he raised the whole matter at the Allies’ Control Council, it was agreed that the policy should be scrapped in all zones.

 

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[Add. Image] General Sir Bernard Montgomery during a press briefing, Normandy, June 12th, 1944.

 

Although this aspect of Morgenthau’s directive ended in failure, most of the instructions were successfully carried out. The directive, which was kept highly secret for months, ordered that numerous categories of industrial plant should be uprooted and moved to Allied countries. What could not be moved was to be destroyed. All courts, schools and universities were to be closed down and not re-opened until their staffs were purged of all Nazi personnel. Persons holding responsible positions in industry, commerce, agriculture, finance, and the media were likewise to be arrested and “assumed to be Nazis in the absence of any evidence to the contrary.” The terms of the directive so shocked the advisers of General Lucius D. Clay, deputy commander in chief for military government, that one of them was despatched to Washington in an effort to get the directive modified. Unsuccessful, the aide finally resigned. When in October, the military government was permitted to make it known, General Clay, himself a hard-liner, flew to Washington to urge modification of its unworkable terms. This too ended in failure.

 

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[Add. Image] General Lucius D. Clay in Garmisch-Partenkirchen (1947)

 

At the Potsdam conference in July, 1945, President Truman denied that the controversial Morgenthau Plan for the pastoralisation of Germany was being put into effect. Yet the results of Potsdam were there for all to see. All industry, finance and scientific bodies were to be controlled by the victors. All external assets were to be seized. In addition to the industrial plants in their zone, the Soviets were to receive a bonus of 25% pillaged from the other three zones. In return, they would hand over foodstuffs and commodities looted from their zone. A wave of German suicides followed the Potsdam agreements, more than 2,500 persons taking their lives within four days.

 

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[Add. Image] Occupations zones in Germany 1945

 

When the occupation began,  the daily food ration in the American zone was 900 to 1,000 calories, although an extra 200 calorie allowance was made to “persecuted persons” (i.e. Jews). It was reported that more than half the babies born in Berlin in August died of starvation. In November, 1945, Washington decided that food would be sent to Germany to prevent starvation and disorder. The ration was raised to 1,550 calories, but it fell to 1,275 a few months later, but even that was greater than the ration in the British zone: a basic ration of 1,048 calories; just enough to keep an idle man alive. In the French zone, on 1 February 1946, the ration was, in theory, slightly higher at 1,075. The internees at Auschwitz received a higher daily ration than this until very near the end of the war. Despite the higher rations given to Jews in post-war Germany,  a US Senator pointed out that the Jews:

 

do not desire to work, but expect to be cared for, and complain when things are not as well done as they think they should be. It is doubtful that any country would want these people as immigrants.

 

The winter of 1946-47 was one of the coldest in history. Schools were closed down as were three-quarters of the remaining industries in the British and American zones. No coal had been delivered to Germans for heating since October, and Germans were reduced to following carts delivering coal in order to pick up any pieces that fell off. In Berlin two hundred people froze to death on a train.

 

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[Image] Emotive photograph of Dachau despatchees on train. When 200 Germans similarly froze to death on a train in 1947 no such photographs were published.

 

Hoover reported at the end of February 1947 that Germany had sunk to a level of existence not known in Europe in a hundred years. He proposed large shipments of potatoes and other foodstuffs in order to stave off famine. He also suggested that the dismantling of non-military factories should stop. The delusion that Germany could be reduced to a pastoral state had to be abandoned, despite Morgenthau. Europe could not recover without Germany. Hoover’s plan was eventually translated into the Marshall Aid plan, but not without opposition from Stout’s Society for the Prevention of World War III (still in existence in 1947) which laid on a national conference to attack the reconstruction plan. Mrs. Franklin D. Roosevelt, sponsor of many Communist-front organisations, lent her name to the project. Morgenthau himself participated in the conference, as did Albert Einstein and Sumner Welles.

 

Although the food programme got under way quite rapidly, it took a little longer for enthusiasm for the dismantling of German industry to wane. Even as Allied planes were flying bulldozers into Berlin during the Soviet blockade, German plants which could have made them were being destroyed. Britain and France sometimes openly aimed at eliminating competition. Soap factories were destroyed and Britain even blew up the Hamburg harbour installations, in order to hamper future German shipping rivalry. The French helped themselves to large parts of the Black Forest; the timber from this well-known tourist attraction being used for pit-props. The vandalisation of Germany did not stop until 1950.

 

But for more than a decade, up to 3,000,000 German soldiers were held in captivity to work in the mines and forests of Russia. It is estimated that more than one million died. The conditions under which they laboured in France were so harsh as to bring about United States intervention, but nothing could be done about their condition in the Soviet Union. General Clay reported that German prisoners returned by the Soviets needed from three to six months to become fit for work. The public health branch of the military government pointed out that such prisoners averaged sixteen pounds below the minimum for health, and that half were suffering from disease. In 1947, Britain was still using the labour of 350,000 Germans. France still held 300,000 out of the 440,000 who had been turned over to them by the Americans. The Americans had freed all their prisoners by August 1947, and in March, France,  yielding to American pressure, began sending prisoners home at the rate of 20,000 a month. Britain returned the last of its prisoners in July 1948. The Soviets claimed to have returned the last of their military prisoners in 1955. On 22 February 1949 the New York Times reported that of the 800,000 German civilians forcibly taken to the Soviet Union between 1944 and 1949, 400,000 had died and 180,000 were still in captivity.

 

Although the Allies are no longer pillaging Germany of war-loot, West Germany continues to this day to pay financial reparation to Jews and even the State of Israel itself,  which did not come into existence until 1948 — three years after the war ended. These reparations are based on the theory that six million Jews were exterminated by the Nazis — a theory which has been effectively demolished by the French writer Paul Rassinier, Professor A. R. Butz of Northwestern University, Illinois, and many others. East Germany has never paid a penny.

 

____________________________________

 

 

 

Footnotes

 

 

[1]  Robert Daniel Murphy (October 28, 1894 – January 9, 1978) was an American diplomat.

 

Born in Milwaukee, Wisconsin, Murphy had begun his diplomatic career in 1917 as a member of the American Legation in Bern, Switzerland. Among the several posts he held were Vice-Consul in Zurich and Munich, American Consul in Paris from 1930 to 1936, and chargé d’affaires to the Vichy government. He was also the one-time State Department specialist on France.

 

In February 1941, Murphy played an instrumental role in forging the Murphy-Weygand Agreement, which allowed the United States to export to French North Africa in spite of the British blockade and trade restrictions in place upon the Vichy-governed area.

 

In autumn of 1942, at President Roosevelt’s request, Murphy investigated conditions in French North Africa in preparation for the Allied landings – Operation Torch, the first major Allied ground offensive during World War II. He was appointed the President’s personal representative with the rank of Minister to French North Africa. Murphy made contact with various French army officers in Algiers and recruited them to support the Allies when the invasion of French North Africa came.[citation needed]

 

Prior to the November 8 invasion, Murphy, along with US General Mark Wayne Clark, had worked to gain the important blessing of the anti-British French General Henri Giraud for the attack. This blessing could be deployed if necessary against Governor François Darlan in order to gain his cooperation for the invasion. Darlan’s cooperation was formalised on November 22; the Governor of French North Africa was assassinated little more than a month later.

Source: http://en.wikipedia.org/wiki/Robert_Daniel_Murphy

 

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[2]  Constantine Fitzgibbon was born in the United States in 1919. His father, Commander Francis Lee-Dillon FitzGibbon, RN, was Irish, his mother, Georgette Folsom, from Lenox, Mass, USA. His parents divorced when he was very young. He was raised and educated in France before moving to England.  After leaving the college, Fitzgibbon became a Marxist sympathiser. Between 1958 and 1960 he resided at Sacombs Ash in Hertfordshire with the famous cookery writer Theodora Fitzgibbon. His good friend Michael Wharton wrote of their turbulent marriage in his books ‘The Missing Will‘ and ‘A Dubious Codicil’.

 

While translating the “Tear in the Ocean” trilogy by Manès Sperber, Fitzgibbon abandoned Communism and became a political conservative. He married his wife Marjorie (née Steele) in 1967. He had one daughter, named Oonagh, born 6 February 1968 for whom he wrote the book Teddy in the Tree in 1977. By a previous marriage to Marion (née Gutmann) he had a son, Francis, born 1961. He was half-brother of Louis Fitzgibbon, author of Katyn. The family resided in Killiney in south County Dublin.

 

Education

 

As a teenager, Fitzgibbon was educated at Wellington College, Berkshire which he detested. He also studied at the University of Munich and University of Paris. Fitzgibbon attended Exeter College, Oxford with a modern languages scholarship but left without a degree just before the outbreak of World War II in 1939.

 

Career

 

Fitzgibbon served in the British Army, in the Oxford and Bucks Light Infantry, from 1939 to 1942, before transferring to the United States Army as a staff officer in military intelligence from 1942-46. He worked as a schoolmaster for a short time in Bermuda from 1946–47,[3] at Saltus Grammar School, then as an independent writer. It was here he wrote his first two novels. He lived in Italy and spent many years in England before moving to Ireland in 1965.

 

Fitzgibbon wrote a number of books, including nine novels. One of the recurring subjects in his work was Nazi Germany.

 

Politically, Fitzgibbon identified himself as a strong anti-Communist. Fitzgibbon’s novel When the Kissing Had to Stop (1963) caused some controversy because of its “anti-CND theme”; the book depicted the Soviet domination of Britain after the country removed its nuclear weapons. An ITV adaptation of When the Kissing Had to Stop caused even more controversy, and one writer called Fitzgibbon a “fascist Hyena”. Fitzgibbon responded by writing a series of essays called Random Thoughts of a Fascist Hyena.

 

FitzGibbon said he was offered, but refused, a job with the Central Intelligence Agency (CIA) when it was created following World War II. His play, The Devil at Work was produced by the Abbey Theatre in 1971; it was poorly received.

 

FitzGibbon was a member of the Council of the Irish Academy of Letters and an honorary fellow of the Royal Society of Literature and a Guggenheim Fellow. He later became an Irish citizen and lived in County Dublin.

 

Source: http://en.wikipedia.org/wiki/Constantine_Fitzgibbon

 

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[3]  The Torture of Julius Streicher

 

Source: http://vho.org/GB/Journals/JHR/5/1/Stimely106-119.html

 

A DOCUMENTARY EXPOSE

 

This is Purim Fest 1946!” was Julius Streicher’s apt comment before he was sucked down into death via a gallows trap-door in the Nuremberg Prison gymnasium on 16 October 1946. He was the seventh of ten International Military Tribunal defendants hanged that day in fulfillment of the sentences imposed. (Hermann Göring had cheated the hangman the night before with a cyanide capsule, a final gesture of contempt.) It was certainly a travesty that any of the 22 original defendants should have been put on “trial” before, let alone condemned by, such a collection of raving Western idiots and cynical Soviet criminals as constituted the IMT. But the case of Julius Streicher, former National Socialist Gauleiter of Franconia, editor and publisher of Der Stürmer, was especially ludicrous. He was unique among the convicted defendants in that he was tried not for anything he was alleged to have done, or ordered, or acquiesced in, but for what he had thought and written. In his case the Allied prosecutors made few bones about it — there was no attempt to dress up the indictment by accusing him of actual participation in or even knowledge of any “crimes against peace” or “war crimes.” (They knew that this would have been rather difficult, given that Streicher had held no official post since February 1940, and had been out of favor and devoid of official influence since long before that time.) He was charged under Counts One and Four of the Indictment: “common plan or conspiracy to wage aggressive war,” and “crimes against humanity.” No real attempt was made to nail him on the first count, and he was acquitted. On the other count he was convicted and condemned to death. As Germany’s world-famed Jew-baiter numero uno, Streicher was to be made an example of on this Point — essentially on the point of being a vociferous anti-semite. The tribunal’s final judgement was that:

 

…. Streicher’s incitement of murder and extermination at the time when Jews in the East were being killed under the most horrible conditions clearly constitutes persecution on political and racial grounds in connection with war crimes as defined by the Charter, and constitutes a crime against humanity.

 

The attempts made during the proceedings to prove that Streicher has at least known about the alleged extermination program were not very successful, based as they were on the issue whether Streicher had read claims of extermination in foreign Jewish newspapers; Streicher did admit this — he was aware of foreign allegations. (It is instructive that the prosecution had to base its claim of Streicher’s “knowing” on such a thing, rather than on anything coming to him from the Reich government itself, or from anywhere within the Reich.) In the event, the final judgment against Streicher was not on the question of such “knowledge” of murder but purely on the question of alleged incitement to murder, via his pre-war speeches and his writings throughout the years in Der Stürmer. Not Göring, not Ribbentrop, not Rosenberg, nor Sauckel, Frank, Jodi, Keitel — not any of the other convicted defendants* were put on trial for merely their dissemination of views on a social-political issue. They were all in the dock because of things they had allegedly done or been directly involved in which the IMT determined to have been violations of its interpretation, as codified in its charter, of “International Law.” Streicher joined them in the dock and on the gallows because of what he thought, and because he said publicly what he thought. There was not even any real attempt to obscure this fact within legal mumbo-jumbo. Nor was the IMT concerned with the fact that Streicher’s “incitement” happened to violate no law — not in Germany nor, for that matter, in any of the Allied countries. This was some trial.

 

But Streicher’s case was unique in another way also. He was the only IMT defendant to have been systematically, physically tortured while under Allied custody awaiting trial. Some of the other defendants did have complaints about various aspects of their treatment since arrest (Hans Frank mentioned being beaten up once by American negroes), in particular the humiliating, pettily-harassing conditions of their cell-life — but none made a claim to having been treated as horrendously as Streicher described. These were after all the “Major War Criminals,” the “first string” Nazis upon whom the spotlight of world attention was to glare at Nuremberg; claims of torture would have been most embarrassing to the Allies, who were bragging about how just and fair and legally high-minded they were behaving toward their captives. When Streicher brought up during the IMT proceedings his claim of having been tortured, it was clear that the prosecution was surprised and at something of a loss. The claim was stricken from the official record; otherwise an investigation would have been required.

 

What Streicher had vainly tried to relate on the record were his experiences shortly after his arrest, before he had been brought to Mondorf in Luxembourg, the “holding center” for the IMT defendants before the trial began. His torture was not sanctioned by the IMT or, apparently, any high authorities. His reputation had preceded him: it was a simple case of low-level revenge and sadism.

 

Streicher and his wife were arrested on 22 May 1945 in the village of Weidring (Waidring), just southwest of Berchtesgaden. He was first taken to Berchiesgaden, then passed through Salzburg and Munich before winding up at Freising, northwest of Munich, where he stayed three days before being transferred to Wiesbaden. After one day there he was taken to Mondorf, where he remained until finally being taken to Nuremberg in late August. **

 

It was between Berchtesgaden and Wiesbaden, particularly in Freising, that Streicher was tortured in direct violation of the Geneva Convention. (At this time he was not even indicted or accused of a crime.) Historian Werner Maser devoted two pages to this in his 1977 book Nuremberg: Tribunal der Sieger (the 1979 American edition of which suffered a strange, toned-down metamorphosis in title: Nuremberg: A Nation on Trial). Maser’s source, which he quoted chillingly in full, was a manuscript account by Streicher describing the most unspeakable tortures and degradations inflicted upon him by U.S. Army negroes and Jews. The manuscript was written for Streicher’s lawyer, Dr. Hanns Marx, and is now in Maser’s possession. Maser accepted the truth of this account, commenting that:

 

. . . For two decades Streicher had reviled, slandered and insulted world Jewry, had offered them up to racial fanatics as vermin; so. eighteen months before his execution by hanging, he found himself with a personal account to square; the “holy wrath” of his victims led them to apply the Old Testament law of “an eye for an eye and a tooth for a tooth.

 

Streicher’s biographer William P. Varga, in his 1981 book The Number One Nazi Jew-Baiter (actually a fairly serious work, despite the comic-book title) mentions the allegation of torture at Freising:

 

[U.S. Army Intelligence Captain John) Dolibois later related that Streicher complained bitterly of his treatment at the hands of American soldiers before his transfer to Mondorf. Evidently his notoriety as a fanatic racial persecutor was known to the troops at Freising. Streicher claimed that he and his wife were forced by some black American soldiers to walk in public stripped of their clothes. These soldiers allegedly spat on them and extinguished cigarettes on their bare skin. At Mondorf, an unconfirmed report was circulated stating that some soldiers had taken photographs that showed Streicher dressed only in an open coat, with swollen testicles and a crown of thorns on his head with a sign draped over his neck with the words “Julius Streicher, King of the Jews.

 

However, Varga goes on to describe “most of Streicher’s complaints” of such treatment as “extremely questionable”; they were “apparently fabricated.” The only basis he presents for this skepticism is a letter written by Streicher at Mondorf in June 1945 to former Stürmer colleagues, in which are mentioned “only” his uncomfortable handcuffs, and his having been forced to stamp out cigarettes with bare feet. For biographer Varga, this constitutes evidence that Streicher “fabricated” other stories. He does not seem to have considered that in writing this particular letter, Streicher may have suffered under constraints as mundane as time or as special as censorship. His argument against Streicher’s veracity here is rather obviously a grasp at the only straw — and a very thin one — available. Varga in 1981 was apparently unaware of the lengthy, detailed Streicher statement published by Maser in 1977. (Maser’s book is not listed in his bibliography.) That Streicher made a point in this statement of mentioning who had treated him well in addition to who had treated him badly, delineating clearly between these types and their actions with details as to time, place, and names where he knew them, would seem to auger the truth of what it contains.

 

The acceptance of the statement as a genuine, honest record by Werner Maser — a respected historian hardly partial to National Socialism, much less to the Julius Streicher variety — is unquestionably well-founded.

 

It is not the only piece of evidence extant. In the Fall of 1982 another document surfaced which sheds more light on the torture of Julius Streicher. It is a seven-page, handwritten statement given by Streicher at Mondorf to an American officer, who requested it after hearing Streicher’s verbal complaints. In that officer’s hands for 37 years, never published or cited, the document was sold at auction by the Charles Hamilton Autograph Gallery in New York City in October 1982, for the price of $1,200. The Journal of Historical Review was able to obtain a copy of this historically significant document. It is published on the following pages for the first time, in English translation and followed by photographs of the handwritten original. Also reproduced is a letter from the officer to the auctioneer describing the circumstances under which he obtained the document.

 

A comparison of this document with that presented by Maser in his book shows the consistency in events described. Its publication at last adds to our knowledge of a particularly shameful postwar episode.

 

– Keith Stimely

 

*Hans Fritzsche, the National Socialist radio personality stuck into the Nuremberg proceedings as a poor man’s substitute for Joseph Goebbels, who was a corpse, was like Streicher basically accused of “incitement” to crimes. He was acquitted.

 

** It was at Mondorf that Streicher composed his autobiographical political testament, a manuscript of some 15,000 words. It was published as “Das Politische Testament,” edited and with a foreword by Jay. W. Baird, in Vierteljahrshefte fuer Zeitgeschichte (April 1978).

 

Translation

 

On 22 May [1945) I was arrested in Waidring (Tirol) and was brought into the jail at Salzburg. There my hands were put into handcuffs by a Jewish police-officer.

 

On 23 May, I was brought to Freising, via Toelz and Munich. During the 200 Kilometer trip in considerable cold, I was only dressed with shirt and pants, since my jacket was not given to me. My hands were handcuffed.

 

In Freising I was put in a cell, where there was no possibility of sitting or lying down. The window was removed and the cell was cold. During my three days stay in there (23 May afternoon to 26 May afternoon) I was subjected to the following treatment:

 

1) After being stripped of my clothes, two Negroes tore my shirt into two pieces. Dressed only with my underpants, and barefoot, I spent three days in the cold room. During the night and during a few hours in daytime, I was handed an old military coat. It was taken away immediately, whenever I tried to resist the tortures.

2) Two or three times daily I had to stand against a wall, with my handcuffed hands held above the head, whereupon a Negro or the police-officer kept hitting me on my genitalia, with a leather whip up to a minute long. Whenever I made a resisting move with my handcuffed hands, I received a hit with the foot in my testicles. My testicles and genitalia were badly swollen.

3) Two or three times daily I had to open my mouth, whereupon the white police-officer or the Negroes spat into it. If I kept my mouth closed, it was forcefully opened with a wooden stick.

4) When I refused to drink from the piss-bowl in the toilet, I was hit with the whip.

5) On each of his visits to my cell, the white police-officer pulled hair from my nipples and eyebrows.

6) During the three days I received no nourishment, and only once I was allowed to drink water in the toilet. When I refused to take and to eat partially decayed leftovers from a cardboard box, I was pushed to the ground, a heavy iron chain was put on my back and I was forced to kiss the feet of the Negroes.

7) At the end of each torture, I had to put out with my bare feet burning cigarette butts, thrown on the ground.

8) I was repeatedly photographed by people of the press, while wearing underpants and my genitalia were visible. The photographers were Jews.

9) On the last day, two hours before being transported to Wiesbaden, a Negro said: now comes “kill, kill” and made the corresponding gesture at the throat. He asked me what I wanted to eat or drink, I may wish. I asked for paper in order to write a letter to my wife.

10) Before being transported, a Negro called me into the toilet, then threw my civilian clothes in and ordered me to get dressed. This I had to do with handcuffed hands.

 

On 26 May, I was brought to Wiesbaden in handcuffs, where I arrived in the early hours of 27 May. Only in Wiesbaden, the handcuffs which I had on since 22 May (five days) day and night were removed from my greatly swollen hands and infected joints. Since then I am under medical care. The officer in charge of the jail in Wiesbaden (he said he was a Jew) acted correctly.

[signed]

Julius Streicher

16.6.45

 

Source: Reprinted from The Journal of Historical Review, vol. 5, no. 1, p. 106-119.

 

Nuremberg 016

 

 

[4] Directive to the Commander in Chief of the U.S. Occupation Forces (JCS 1067) (April 1945)

 

Directive JCS 1067 to the Commander in Chief of U.S. forces in Germany (April 1945) laid out the main features of American occupation policy in the postwar period. Its numerous tough regulations remained officially in force until the middle of 1947. According to this directive, Germany was to be treated as an enemy state – one that needed to be permanently prevented from becoming a renewed threat to peace. “Fraternization” between the American occupation forces and Germans was prohibited. Denazification was to be achieved through the dissolution of all Nazi organizations and the exclusion of their members from public life and higher positions in the economic sector. A new start to political life was only possible with American permission, and the reopening of educational institutions was to take place under strict control. Likewise, economic life was to be revived in accordance with strict directives. The economy was to be decentralized and controlled with the help of German agencies. The German economy was to produce only enough to provision the occupation troops and to provide a basic livelihood for the population. A more robust economic recovery was not desirable. The standard of living in the American zone was not to exceed that in neighboring countries.

 

Source: http://germanhistorydocs.ghi-dc.org/sub_document.cfm?document_id=2297

 

——————-

 

Directive to Commander-in-Chief of United States Forces of Occupation Regarding the Military Government of Germany; April 1945 (JCS 1067)

 

Source: http://usa.usembassy.de/etexts/ga3-450426.pdf

 

It is considered appropriate, at the time of the release to the American public of the following directive setting forth United States policy with reference to the military government of Germany, to preface the directive with a short statement of the circumstances surrounding the issuance of the directive to General Eisenhower.

 

The directive was issued originally in April 1945, and was intended to serve two purposes. It was to guide General Eisenhower in the military government of that portion of Germany occupied by United States forces. At the same time he was directed to urge the Control Council to adopt these policies for enforcement throughout Germany.

 

Before this directive was discussed in the Control Council, President Truman, Prime Minister Attlee, and Generalissimo Stalin met at Potsdam and issued a communiqué setting forth agreed policies for the control of Germany. This communiqué was made public on August 2, 1945. The directive, therefore, should be read in the light of the policies enumerated at Potsdam. In particular, its provisions regarding disarmament, economic and financial matters, and reparations should be read together with the similar provisions set out in the Potsdam agreement on the treatment of Germany in the initial control period and in the agreement on reparations contained in the Potsdam communiqué. Many of the policy statements contained in the directive have been in substance adopted by the Potsdam agreement. Some policy statements in the Potsdam agreement differ from the policy statements on the same subjects in the directive. In such cases, the policies of the Potsdam agreement are controlling. Where the Potsdam agreement is silent on matters of policy dealt with in the directive, the latter continues to guide General Eisenhower in his administration of the United States Zone in Germany.

 

Directive to Commander-in-Chief of United States Forces of Occupation Regarding the Military Government of Germany

 

 

1. The Purpose and Scope of this Directive:

 

This directive is issued to you as Commanding General of the United States forces of occupation in Germany. As such you will serve as United States member of the Control Council and will also be responsible for the administration of military government in the zone or zones assigned to the United States for purposes of occupation and administration. It outlines the basic policies which will guide you in those two capacities after the termination of the combined command of the Supreme Commander, Allied Expeditionary Force.

 

This directive sets forth policies relating to Germany in the initial post-defeat period. As such it is not intended to be an ultimate statement of policies of this Government concerning the treatment of Germany in the post-war world. It is therefore essential that, during the period covered by this directive, you assure that surveys are constantly maintained of economic, industrial financial, social and political conditions within your zone and that the results of such surveys and such other surveys as may be made in other zones are made available to your Government, through the Joint Chiefs of Staff. These surveys should be developed in such manner as to serve as a basis for determining changes in the measures of control set forth herein as well as for the progressive formulation and development of policies to promote the basic objectives of the United States. Supplemental directives will be issued to you by the Joint Chiefs of Staff as may be required.

 

As a member of the Control Council you will urge the adoption by the other occupying powers of the principles and policies set forth in this directive and, pending Control Council agreement, you will follow them in your zone. It is anticipated that substantially similar directives will be issued to the Commanders in Chief of the U.K., U.S.S.R. and French forces of occupation.

 

 

PART I General and Political

 

2. The Basis of Military Government:

a. The rights, power and status of the military government in Germany are based upon the unconditional surrender or total defeat of Germany.

b. Subject to the provisions of paragraph 3 below, you are, by virtue of your position, clothed with supreme legislative, executive, and judicial authority in the areas occupied by forces under your

command. This authority will be broadly construed and includes authority to take all measures deemed by you necessary, appropriate or desirable in relation to military exigencies and the objectives of a firm military government.

c. You will issue a proclamation continuing in force such proclamations, orders and instructions as may have heretofore been issued by Allied Commanders in your zone, subject to such changes as you may determine. Authorizations of action by the Supreme Commander, Allied Expeditionary Force, may be considered as applicable to you unless inconsistent with this or later directives.

 

 

3. The Control Council and Zones of Occupation:

a. The four Commanders-in-Chief, acting jointly, will constitute the Control Council in Germany which will be the supreme organ of control over Germany in accordance with the agreement on Control Machinery in Germany. For purposes of administration of military government, Germany has been divided into four zones of occupation.

b. The authority of the Control Council to formulate policy and procedures and administrative relationships with respect to matters affecting Germany as a whole will be paramount throughout Germany. You will carry out and support in your zone the policies agreed upon in the Control Council. In the absence of such agreed policies you- will act in accordance with this and other directives of the Joint Chiefs of Staff.

c. The administration of affairs in Germany shall be directed towards the decentralization of the political and administrative structure and the development of local responsibility. To this end you will encourage autonomy in regional, local and municipal agencies of German administration. The German economic structure shall also be decentralized. The Control Council may, however, to the minimum extent required for the fulfillment of purposes set forth herein, permit centralized administration or establish central control of:

(a) essential national public services such as railroads, communications and power,

(b) finance and foreign affairs, and

(c) production and distribution of essential commodities.

d. The Control Council should adopt procedures to effectuate, and you will facilitate in your zone, the equitable distribution of essential commodities between the zones. In the absence of a conflicting policy of the Control Council, you may deal directly with one or more zone commanders on matters of special concern to such zones.

e. Pending the formulation in the Control Council of uniform policies and procedures with respect to inter-zonal travel and movement of civilians, no civilians shall be permitted to leave or enter your zone without your authority, and no Germans within your zone shall be permitted to leave Germany except for specific purposes approved by you.

f. The military government personnel in each zone, including those dealing with regional and local branches of the departments of any central German administrative machinery, shall be selected by authority of the Commander of that zone except that liaison officers may be furnished by the Commanders of the other three zones. The respective Commanders-in-Chief shall have exclusive jurisdiction throughout the whole of Germany over the members of the armed forces under their command and over the civilians who accompany them.

g. The Control Council should be responsible for facilitating the severance of all governmental and administrative connections between Austria and Germany and the elimination of German economic influences in Austria. Every assistance should be given to the Allied Administration in Austria in its efforts to effectuate these purposes.

 

 

4. Basic Objectives of Military Government in Germany:

a. It should be brought home to the Germans that Germany’s ruthless warfare and the fanatical Nazi resistance have destroyed the German economy and made chaos and suffering inevitable and that the Germans cannot escape responsibility for what they have brought upon themselves.

b. Germany will not be occupied for the purpose of liberation but as a defeated enemy nation. Your aim is not oppression but to occupy Germany for the purpose of realizing certain important Allied objectives. In the conduct of your occupation and administration you should be just but firm and aloof. You will strongly discourage fraternization with the German officials and population.

c. The principal Allied objective is to prevent Germany from ever again becoming a threat to the peace of the world. Essential steps in the accomplishment of this objective are the elimination of

Nazism and militarism in all their forms, the immediate apprehension of war criminals for punishment, the industrial disarmament and demilitarization of Germany, with continuing control over Germany’s capacity to make war, and the preparation for an eventual reconstruction of German political life on a democratic basis.

d. Other Allied objectives are to enforce the program of reparations and restitution, to provide relief for the benefit of countries devastated by Nazi aggression, and to ensure that prisoners of war and displaced persons of the United Nations are cared for and repatriated.

 

5. Economic Controls:

a. As a member of the Control Council and as zone commander, you will be guided by the principle that controls upon the German economy may be imposed to the extent that such controls may be necessary to achieve the objectives enumerated in paragraph 4 above and also as they may be essential to protect the safety and meet the needs of the occupying forces and assure the production and maintenance of goods and services required to prevent starvation or such disease and unrest as would endanger these forces. No action will be taken in execution of the reparations program or otherwise which would tend to support basic living conditions in Germany or in your zone on a higher level than that existing in any one of the neighboring United Nations.

b. In the imposition and maintenance of such controls as may be prescribed by you or the Control Council, German authorities will to the fullest extent practicable be ordered to proclaim and assume administration of such controls. Thus it should be brought home to the German people that the responsibility for the administration of such controls and for any break-downs in those controls will rest with themselves and German authorities.

 

 

6. Denazification:

a. A Proclamation dissolving the Nazi Party, its formations, affiliated associations and supervised organizations, and all Nazi public institutions which were set up as instruments of Party domination, and prohibiting their revival in any form, should be promulgated by the Control Council. You will assure the prompt effectuation of that policy in your zone and will make every effort to prevent the reconstitution of any such organization in underground, disguised or secret form. Responsibility for continuing desirable non-political social services of dissolved Party organizations may be transferred by the Control Council to appropriate central agencies and by you to appropriate local agencies.

b. The laws purporting to establish the political structure of National Socialism and the basis of the Hitler regime and all laws, decrees and regulations which establish discriminations on grounds of race, nationality, creed or political opinions should be abrogated by the Control Council. You will render them inoperative in your zone.

c. All members of the Nazi party who have been more than nominal participants in its activities, all active supporters of Nazism or militarism and all other persons hostile to Allied purposes will be removed and excluded from public office and from positions of importance in quasi-public and private enterprises such as:

(1) civic, economic and labor organizations,

(2) corporations and other organizations in which the German government or subdivisions have a major financial interest,

(3) industry, commerce, agriculture, and finance,

(4) education, and

(5) the press, publishing houses and other agencies disseminating news and propaganda. Persons are to be treated as more than nominal participants in Party activities and as active supporters of Nazism or militarism when they have:

(1) held office or otherwise been active at any level from local to national in the party and its subordinate organizations, or in organizations which further militaristic doctrines,

(2) authorized or participated affirmatively in any Nazi crimes, racial persecutions or discriminations,

(3) been avowed believers in Nazism or racial and militaristic creeds, or

(4) voluntarily given substantial moral or material support or political assistance of any kind to the Nazi Party or Nazi officials and leaders. No such persons shall be retained in any of the categories of employment listed above because of administrative necessity, convenience or expediency.

d. Property, real and personal, owned or controlled by the Nazi party, its formations, affiliated associations and supervised organizations, and by all persons subject to arrest under the provisions of paragraph 8, and found within your zone, will be taken under your control pending a decision by the Control Council or higher authority as to its eventual disposition.

e. All archives, monuments and museums of Nazi inception, or which are devoted to the perpetuation of German militarism, will be taken under your control and their properties held pending decision as to their disposition by the Control Council.

f. You will make special efforts to preserve from destruction and take under your control records, plans, books, documents, papers, files, and scientific, industrial and other information and data belonging to or controlled by the following:

(1) The Central German Government and its subdivisions, German military organizations, organizations engaged in military research, and such other governmental agencies as may be deemed advisable;

(2) The Nazi Party, its formations, affiliated associations and supervised organizations;

(3) All police organizations, including security and political police;

(4) Important economic organizations and industrial establishments including those controlled by the Nazi Party or its personnel;

(5) Institutes and special bureaus devoting themselves to racial, political, militaristic or similar research or propaganda.

 

 

7. Demilitarization:

a. In your zone you will assure that all units of the German armed forces, including pare-military organizations, are dissolved as such, and that their personnel are promptly disarmed and controlled. Prior to their final disposition, you will arrest and hold all military personnel who are included under the provisions of paragraph 8.

b. The Control Council should proclaim, and in your zone you will effectuate, the total dissolution of all military and pare-military organizations, including the General Staff, the German Officers Corps, the Reserve Corps and military academies, together with all associations which might serve to keep alive the military tradition in Germany.

c. You will seize or destroy all arms, ammunition and implements of war and stop the production thereof.

d. You will take proper steps to destroy the German war potential, as set forth elsewhere in this directive.

 

8. Suspected War Criminals and Security Arrests:

a. You will search out, arrest, and hold, pending receipt by you of further instructions as to their disposition, Adolf Hitler, his chief Nazi associates, other war criminals and all persons who have participated in planning or carrying out Nazi enterprises involving or resulting in atrocities or war crimes.

b. All persons who, if permitted to remain at large would endanger the accomplishment of your objectives will also be arrested and held in custody until trial by an appropriate semi-judicial body to be established by you. The following is a partial list of the categories of persons to be arrested in order to carry out this policy:

[NOTE: There follows at this point in the directive a detailed list of categories of Nazi war criminals and others who are to be arrested. Some of these have not yet been found. It is considered that to publish the categories at this time would put the individuals concerned on notice and would interfere with their apprehension and punishment, where appropriate. The list of categories is, therefore, withheld from publication for the present.]

If in the light of conditions which you encounter in Germany, you believe that it is not immediately feasible to subject certain persons within these categories to this treatment, you should report your reasons and recommendations to your government through the Joint Chiefs of Staff. If you believe it desirable, you may postpone the arrest of those whose cases you have reported, pending a decision communicated to you by the J.C.S. In no event shall any differentiation be made between or special consideration be accorded to persons arrested, either as to manner of arrest or conditions of detention, upon the basis of wealth or political, industrial, or other rank or position. In your discretion you may make such exceptions as you deem advisable for intelligence or other military reasons.

 

 

9. Political Activities:

a. No political activities of any kind shall be countenanced unless authorized by you. You will assure that your military government does not become committed to any political group.

b. You will prohibit the propagation in any form of Nazi, militaristic or pan-German doctrines.

c. No German parades, military or political, civilian or sports, shall be permitted by you.

d. To the extent that military interests are not prejudiced and subject to the provisions of the three preceding subparagraphs and of paragraph 10, freedom of speech, press and religious worship will be permitted. Consistent with military necessity, all religious institutions will be respected.

 

 

10. Public Relations and Control of Public Information:

As a member of the Control Council, you will endeavor to obtain agreement for uniform or coordinated policies with respect to:

(a) control of public information media in Germany,

(b) accrediting of foreign correspondents,

(c) press censorship, and

(d) issuance of official news communiqués dealing with Control Council matters. United States policies in these matters will be sent to you separately and you will be guided by these in your negotiations on the Control Council.

 

 

11. German Courts:

a. All extraordinary courts, including the Volksgerichtshof (People’s Court) and the Sondergerichte (Special Courts), and all courts and tribunals of the Nazi Party and of its formations, affiliated associations and supervised organizations will be abolished immediately.

b. All ordinary criminal, civil and administrative courts, except those previously re-established by order of the military government, will be closed. After the elimination of all Nazi features and personnel you will permit those which are to exercise jurisdiction within the boundaries of your zone to resume operations under such regulations, supervision and control as you may consider appropriate. Courts which are to exercise jurisdiction over territory extending beyond the boundaries of your zone will be reopened only with the express authorization of the Control Council and under its regulation, supervision and control. The power to review and veto decisions of German courts shall be included within the power of supervision and control.

 

 

12. Police:

With the exception of the Reichshriminalpolizei (Criminal Police) all elements of the Sicherheitspolizei (Security Police), e.g., Geheimestaatspolizei (Gestapo), and the Sicherheitsdienst der S.S. will be abolished. Criminal and ordinary police will be purged of Nazi personnel and utilized under the control and supervision of the military government.

 

 

13. Political Prisoners:

Subject to military security and the interests of the individuals concerned, you will release all persons found within your zone who have been detained or placed in custody on grounds of race, nationality, creed or political opinions and treat them as displaced persons. You should make provision for the review of convictions of alleged criminal offenses about which there may be substantial suspicion of racial, religious or political persecution, and in which sentences of imprisonment have not been fully served by persons imprisoned within your zone.

 

 

14. Education:

a. All educational institutions within your zone except those previously re-established by Allied authority will be closed. The closure of Nazi educational institutions such as Adolf Hitler Schulen, Napolas and Ordensburgen and of Nazi organizations within other educational institutions will be permanent.

b. A coordinated system of control over German education and an affirmative program of reorientation will be established designed completely to eliminate Nazi and militaristic doctrines and to encourage the development of democratic ideas.

c. You will permit the reopening of elementary (Volksschulen), middle (Mittelschulen) and vocational (Berufsschulen) schools at the earliest possible date after Nazi personnel has been

eliminated. Textbooks and curricula which are not free of Nazi and militaristic doctrine shall not be used The Control Council should devise programs looking toward the reopening of secondary schools, universities and other institutions of higher learning. After Nazi features and personnel have been eliminated and pending the formulation of such programs by the Control Council, you may formulate and put into effect an interim program within your zone and in any case may permit the reopening of such institutions and departments which offer training which you consider immediately essential or useful in the administration of military government and the purposes of the occupation.

d. It is not intended that the military government will intervene in questions concerning denominational control of German schools, or in religious instruction in German schools, except insofar as may be necessary to insure that religious instruction and administration of such schools conform to such Allied regulations as are or may be established pertaining to purging of personnel and curricula.

 

 

15. Arts and Archives:

Subject to the provisions of paragraph 6 above, you will make all reasonable efforts to preserve historical archives, museums, libraries and works of art.

 

 

 

PART II Economic General Objectives and Methods of Control

 

16. You will assure that the German economy is administered and controlled in such a way as to accomplish the basic objectives set forth in paragraphs 4 and 5 of this Directive. Economic controls will be imposed only to the extent necessary to accomplish these objectives, provided that you will impose controls to the full extent necessary to achieve the industrial disarmament of Germany. Except as may be necessary to carry out these objectives, you will take no steps (a) looking toward the economic rehabilitation of Germany, or (b) designed to maintain or strengthen the German economy.

 

17. To the maximum extent possible without jeopardizing the successful execution of measures required to implement the objectives outlined in paragraphs 4 and 5 of this directive you will use German authorities and agencies and subject them to such supervision and punishment for non-compliance as is necessary to ensure that they carry out their tasks.

For this purpose you will give appropriate authority to any German agencies and administrative services you consider essential; provided, however, that you will at all times adhere strictly to the provisions of this directive regarding denazification and dissolution or elimination of Nazi organizations, institutions, principles, features, and practices.

To the extent necessary you will establish administrative machinery, not dependent upon German authorities and agencies, to execute or assure the execution of the provisions of paragraphs 19, 20, 30, 31, 32, 39 and 40 and any other measures necessary to an accomplishment of your industrial disarmament objectives.

 

18. In order to decentralize the structure and administration of the German economy to the maximum possible extent, you will:

a. ensure that the action required to maintain or restore essential public utilities and industrial and agricultural activities is taken as far as possible on a local and regional basis;

b. on no account propose or approve in the Control Council the establishment of centralized administration of controls over the German economy except where such centralization of administration is clearly essential to the fulfillment of the objectives listed in paragraphs 4 and 5 of this directive. Decentralization in administration should not be permitted to interfere with attainment of the largest practicable measure of agreement on economic policies in the Control Council

 

19. You will institute or assure the maintenance of such statistical records and reports as may be necessary in carrying out the objectives listed in paragraphs 4 and 5 of this directive.

 

20. You will initiate appropriate surveys which may assist you in achieving the objectives of the occupation. In particular you will promptly undertake surveys of supplies, equipment and resources in your zone. You will endeavor to obtain prompt agreement in the Control Council to the making of similar surveys in the other zones of occupation, and you will urge appropriate steps to coordinate the methods and results of these and other future surveys conducted in the various zones. You will keep the

Control Council, United States Representative on the Reparation Commission and other appropriate authorities, currently apprised of the information obtained by means of intermediate reports or otherwise.

 

 

German Standard of Living

 

21. You will estimate requirements of supplies necessary to prevent starvation or widespread disease or such civil unrest as would endanger the occupying forces. Such estimates will be based upon a program whereby the Germans are made responsible for providing for themselves, out of their own work and resources. You will take all practicable economic and police measures to assure that German resources are fully utilized and consumption held to the minimum in order that imports may be strictly limited and that surpluses may be made available for the occupying forces and displaced persons and United Nations prisoners of war, and for reparation. You will take no action that would tend to support basic living standards in Germany on a higher level than that existing in any one of the neighboring United Nations and you will take appropriate measures to ensure that basic living standards of the German people are not higher than those existing in any one of the neighboring United Nations when such measures will contribute to raising the standards of any such nation.

 

22. You will urge upon the Control Council that uniform ration scales be applied throughout Germany, that essential items be distributed equitably among the zones, that net surpluses be made available for export to Allied countries, and that imports be limited to the net deficits of Germany as a whole.

 

 

Labor, Health, and Social Insurance

 

23. You will permit the self-organization of employees along democratic lines, subject to such safeguards as may be necessary to prevent the perpetuation of Nazi or militarist influence under any guise or the continuation of any group hostile to the objectives and operations of the occupying forces.

 

24. You will permit free collective bargaining between employees and employers regarding wage, hour and working conditions and the establishment of machinery for the settlement of industrial disputes. Collective bargaining shall be subject to such wage, hour and other controls, if any, as may be instituted or revived by your direction.

 

25. Subject to the provisions of paragraph 48 of this directive you are authorized to direct German authorities to maintain or reestablish nondiscriminatory systems of social insurance and poor relief.

 

26. You are authorized to direct the German authorities to maintain or re-establish such health services and facilities as may be available to them.

 

 

Agriculture, Industry and Internal Commerce

 

27. You will require the Germans to use all means at their disposal to maximize agricultural output and to establish as rapidly as possible effective machinery for the collection and distribution of agricultural output.

 

28. You will direct the German authorities to utilize large-landed estates and public lands in a manner which will facilitate the accommodation and settlement of Germans and others or increase agricultural output.

 

29. You will protect from destruction by the Germans, and maintain for such disposition as is determined by this and other directives or by the Control Council, all plants, equipment, patents and other property, and all books and records of large German industrial companies and trade and research associations that have been essential to the German war effort or the German economy. You will pay particular attention to research and experimental establishments of such concerns.

 

30. In order to disarm Germany, the Control Council should:

a. prevent the production, acquisition by importation or otherwise, and development of all arms, ammunition and implements of war, as well as all types of aircraft, and all parts, components and ingredients specially designed or produced for incorporation therein;

b. prevent the production of merchant ships, synthetic rubber and oil, aluminum and magnesium and any other products and equipment on which you will subsequently receive instructions;

c. seize and safeguard all facilities used in the production of any of the items mentioned in this paragraph and dispose of them as follows:

(1) remove all those required for reparation;

(2) destroy all those not transferred for reparation if they are especially adapted to the production of the items specified in this paragraph and are not of a type generally used in industries permitted to the Germans (cases of doubt to be resolved in favor of destruction);

(3) hold the balance for disposal in accordance with instructions which will be sent to you.

Pending agreement in the Control Council you will take these measures in your own zone. You will not postpone enforcement of the prohibitions contained in subparagraphs a and b and the instructions in subparagraph c without specific approval of your government through the Joint Chiefs of Staff except that, in your discretion, you may permit the production of synthetic rubber and oil, aluminum and magnesium, to the minimum extent necessary to meet the purposes stated in paragraphs 4 and 5 of the directive pending action by the Joint Chiefs of Staff upon such recommendation for postponement as you may make.

 

31. As an additional measure of disarmament, the Control Council should:

a. prohibit initially all research activities and close all laboratories, research institutions and similar technical organizations except those considered necessary to the protection of public health;

b. abolish all those laboratories and related institutions whose-work has been connected with the building of the German war machine, safeguard initially such laboratories and detain such personnel as are of interest to your technological investigations, and thereafter remove or destroy their equipment;

c. permit the resumption of scientific research in specific cases, only after careful investigation has established that the contemplated research will in no way contribute to Germany’s future war potential and only under appropriate regulations which:

(1) define the specific types of research permitted,

(2) exclude from further research activity any persons who previously held key positions in German war research,

(3) provide for frequent inspection,

(4) require free disclosure of the results of the research and

(5) impose severe penalties, including permanent closing of the offending institution, whenever the regulations are violated.

Pending agreement in the Control Council you will adopt such measures in your own zone.

 

32. Pending final Allied agreements on reparation and on control or elimination of German industries that can be utilized for war production, the Control Council should:

a. prohibit and prevent production of iron and steel, chemicals, non-ferrous metals (excluding aluminum and magnesium), machine tools, radio and electrical equipment, automotive vehicles, heavy machinery and important parts thereof, except for the purposes stated in paragraphs 4 and 5 of this directive

b. prohibit and prevent rehabilitation of plant and equipment in such industries except for the purposes stated in paragraphs 4 and 5 of this directive; and

c. safeguard plant and equipment in such industries for transfer on reparation account.

Pending agreement in the Control Council, you will put such measures into effect in your own zone as soon as you have had an opportunity to review and determine production necessary for the purposes stated in paragraphs 4 and 5 of this directive.

 

33. The Control Council should adopt a policy permitting the conversion of facilities other than those mentioned in paragraphs 30 and 32 to the production of light consumer goods, provided that such conversion does not prejudice the subsequent removal of plant and equipment on reparation account and does not require any imports beyond those necessary for the purposes specified in paragraphs 4 and 5 of this directive. Pending agreement in the Control Council, you may permit such conversion in your zone.

 

34. Subject to the provisions of paragraphs 30 and 32, the Control Council should assure that all feasible measures are taken to facilitate, to the minimum extent necessary for the purposes outlined in paragraphs 4 and 5 of this directive.

a. repairs to and restoration of essential transportation services and public utilities;

b. emergency repair and construction of the minimum shelter required for the civilian population;

c. production of coal and any other goods and services (excluding goods specified in paragraphs 30 and 32 unless measures to facilitate production are specifically approved by this Government through the Joint Chiefs of Staff) required for the purposes outlined in paragraphs 4 and 5 of this directive.

You will assure that such measures are taken in your own zone pending agreement in the Control Council.

 

35. In your capacity as zone commander and as member of the Control Council you will take steps to provide for the equitable interzonal distribution and the movement of goods and services essential to the purposes set forth in paragraphs 4 and 5 of this directive.

 

36. You will prohibit all cartels or other private business arrangements and cartel-like organizations, including those of a public or quasi-public character such as the Wirtschaftsgruppen providing for the regulation of marketing conditions, including production, prices, exclusive exchange of technical information and processes, and allocation of sales territories. Such necessary public functions as have been discharged by these organizations shall be absorbed as rapidly as possible by approved public agencies.

 

37. It is the policy of your government to effect a dispersion of the ownership and control of German industry. To assist in carrying out this policy you will make a survey of combines and pools, mergers, holding companies and interlocking directorates and communicate the results, together with recommendations, to your government through the Joint Chiefs of Staff. You will endeavor to obtain agreement in the Control Council to the making of this survey in the other zones of occupation and you will urge the coordination of the methods and results of this survey in the various zones.

 

38. With due regard to paragraph 4 a, the Control Council should adopt such policies as are clearly necessary to prevent or restrain inflation of a character or dimension which would definitely endanger accomplishment of the objectives of the occupation. The Control Council, in particular, should direct and empower German authorities to maintain or establish controls over prices and wages and to take the fiscal and financial measures necessary to this end. Pending agreement in the Control Council you will assure that such measures as you consider necessary are taken in your own zone. Prevention or restraint of inflation shall not constitute an additional ground for the importation of supplies, nor shall it constitute an additional ground for limiting removal, destruction or curtailment of productive facilities in fulfillment of the program for reparation, demilitarization and industrial disarmament.

 

 

 

Power, Transportation, and Communications

 

39. Both as member of the Control Council and zone commander you will take appropriate steps to ensure that

a. power, transportation and communications facilities are directed in such a way as to carry out the objectives outlined in paragraphs 4 and 5 of this directive;

b. Germans ale prohibited and prevented from producing, maintaining or operating all types of aircraft.

You will determine the degree to which centralized control and administration of power, transportation and communications is clearly necessary for the objectives stated in paragraphs 4 and 5 and urge the establishment of this degree of centralized control and administration by the Control Council.

 

 

Foreign Trade and Reparation

 

40. The Control Council should establish centralized control over all trade in goods and services with foreign countries. Pending agreement in the Control Council you will impose appropriate controls in your own zone.

 

41. Both as member of the Control Council and as zone commander you will take appropriate steps to ensure that:

a. the foreign trade controls are designed to carry out the objectives stated in paragraphs 4 and 5 of this directive;

b. imports which are permitted and furnished to Germany are confined to those unavoidably necessary to the objectives stated in paragraphs 4 and 5;

c. exports to countries other than the United Nations are prohibited unless specifically authorized by the Allied governments.

 

42. Both as member of the Control Council and as zone commander you will adopt a policy which would forbid German firms to participate in international cartels or other restrictive contracts and arrangements and order the prompt termination of all existing German participations in such cartels, contracts and arrangements.

 

43. You will carry out in your zone such programs of reparation and restitution as are embodied in Allied agreements and you will seek agreement in the Control Council on any policies and measures which it may be necessary to apply throughout Germany in order to ensure the execution of such programs.

 

 

 

PART III Financial

 

44. You will make full application in the financial field of the principles stated elsewhere in this directive and you will endeavor to have the Control Council adopt uniform financial policies necessary to carry out the purposes stated in paragraphs 4 and 5 of this directive. You will take no steps designed to maintain, strengthen or operate the German financial structure except in so far as may be necessary for the purposes specified in this directive.

 

45. The Control Council should regulate and control to the extent required for the purposes set forth in paragraphs 4 and 5 the issue and volume of currency and the extension of credit in Germany and in accordance with the following principles:

a. United States forces and other Allied forces will use Allied Military marks and Reichsmark currency or coins in their possession. Allied Military marks and Reichsmark currency and coin now in circulation in Germany will be legal tender without distinction and will be interchangeable at the rate of one Allied Military mark for one Reichsmark. Reichskreditkassenscheine and other German military currency will not be legal tender in Germany.

b. The Reichsbank, the Rentenbank or any other bank or agency may be permitted or required to issue bank notes and currency which will be legal tender; without such authorization no German governmental or private bank or agency will be permitted to issue bank notes or currency.

c. The German authorities may be required to make available Reichsmark currency or credits free of cost and in amounts sufficient to meet all the expenses of the forces of occupation, including the cost of Allied Military Government and including to the extent that compensation is made therefor, the cost of such private property as may be requisitioned, seized, or otherwise acquired, by Allied authorities for reparations or restitution purposes.

Pending agreement in the Control Council you will follow these policies in your own zone.

You will receive separate instructions relative to the currency which you will use in the event that for any reason adequate supplies of Allied Military marks and Reichsmarks are not available, or if the use of such currency is found undesirable.

You will not announce or establish in your zone, until receipt of further instructions, any general rate of exchange between the Reichsmark on the one hand and the U. S. dollar and other currencies on the other. However, a rate of exchange to be used exclusively for pay of troops and military accounting purposes in your zone will be communicated separately to you.

 

46. Subject to any agreed policies of the Control Council, you are authorized to take the following steps and to put into effect such further financial measures as you may deem necessary to accomplish the purposes of your occupation:

a. To prohibit, or to prescribe regulations regarding transfer or other dealings in private or public securities or real estate or other property.

b. To close banks, but only for a period long enough for you to introduce satisfactory control, to remove Nazi and other undesirable personnel, and to issue instructions for the determination of accounts to be blocked under subparagraph 48 e below.

c. To close stock exchanges, insurance companies, and similar financial institutions for such periods as you deem appropriate.

d. To establish a general or limited moratorium or moratoria only to the extent clearly necessary to carry out the objectives stated in paragraphs 4 and 5 of this directive.

 

47. Resumption of partial or complete service on the internal public debt at the earliest feasible date is deemed desirable. The Control Council should decide the time and manner of such resumption.

 

48. Subject to any agreed policies of the Control Council,

a. You will prohibit:

(1) the payment of all military pensions, or emoluments or benefits, except compensation for physical disability limiting the recipient’s ability to work, at rates which are no higher than the lowest of those for comparable physical disability arising from non-military causes.

(2) the payment of all public or private pensions or other emoluments or benefits granted or conferred:

(a) by reason of membership in or services to the former Nazi party, its formations, affiliated associations or supervised organizations,

(b) to any person who has been removed from an office or position in accordance with paragraph 6, and,

(c) to any person arrested and detained in accordance with paragraph 8 during the term of his arrest, or permanently, in case of his subsequent conviction.

b. You will take such action as may be necessary to insure that all laws and practices relating to taxation or other fields of finance, which discriminate for or against any persons because of race, nationality, creed or political opinion, will be amended, suspended, or abrogated to the extent necessary to eliminate such discrimination.

c. You will hold the German authorities responsible for taking such measures in the field of taxation and other fields of public finance, including restoration of the tax system and maintenance of tax revenues, as will further the accomplishment of the objectives stated in paragraphs 4 and 5.

d. You will exercise general supervision over German public expenditures in order to ensure that they are consistent with the objectives stated in paragraphs 4 and 5.

e. You will impound or block all gold, silver, currencies, securities, accounts in financial institutions, credits, valuable papers, and all other assets falling within the following categories:

(1) Property owned or controlled directly or indirectly, in whole or in part, by any of the following:

(a) The German Reich, or any of the Lander, Gaue or provinces, any Kreis, Municipality or other similar local subdivision; or any agency or instrumentality of any of them including all utilities, undertakings, public corporations or monopolies under the control of any of the above;

(b) Governments, nationals or residents of other nations, including those of territories occupied by them, at war with any of the United Nations at any time since 1 September 1939;

(c) The Nazi Party, its formations, affiliated associations and supervised organizations, its officials, leading members and supporters;

(d) All organizations, clubs or other associations prohibited or dissolved by military government;

(e) Absentee owners, of non-German nationality including United Nations and neutral governments and Germans outside of Germany;

(f) Any institution dedicated to public worship, charity, education or the arts and sciences which has been used by the Nazi Party to further its interests or to cloak its activities;

(g) Persons subject to arrest under provisions of paragraph 8, and all other persons specified by military government by inclusion in lists or otherwise.

(2) Property which has been the subject of transfer under duress or wrongful acts of confiscation, disposition or spoliation, whether pursuant to legislation or by procedure purporting to follow forms of law or otherwise.

(3) Works of art or cultural material of value or importance, regardless of the ownership thereof.

You will take such action as will insure that any impounded or blocked assets will be dealt with only as permitted under licenses or other instructions which you may issue. In the case particularly of property blocked under (1) (a) above, you will proceed to adopt licensing measures which while maintaining such property under surveillance would permit its use in consonance with this directive. In the case of property blocked under (2) above, you will institute measures for prompt restitution, in conformity with the objectives stated in paragraphs 4 and 5 and subject to appropriate safeguards to prevent the cloaking of Nazi and militaristic influence.

 

49. All foreign exchange transactions, including those arising out of exports and imports, shall be controlled with the aim of preventing Germany from developing a war potential and of achieving the other objectives set forth in this directive. To effectuate these purposes the Control Council should:

a. Seek out and reduce to the possession and control of a special agency all German (public and private) foreign exchange and external assets of every kind and description located within or outside Germany.

b. Prohibit, except as authorized by regulation or license, all dealings in gold, silver, foreign exchange, and all foreign exchange transactions of any kind. Make available any foreign exchange proceeds of exports for payment of imports directly necessary to the accomplishment of the objectives stated in paragraphs 4 and 5 of this directive, and authorize no other outlay of foreign exchange assets except for purposes approved by the Control Council or other appropriate authority.

c. Establish effective controls with respect to all foreign exchange transactions, including:

(1) Transactions as to property between persons inside Germany and persons outside Germany;

(2) Transactions involving obligations owed by or to become due from any person in Germany to any person outside Germany; and

(3) Transactions involving the importation into or exportation from Germany of any foreign exchange asset or other form of property.

Pending agreement in the Control Council, you will take in your zone the action indicated in subparagraphs a, b and c above. Accordingly, you will in your zone reduce to the possession and control of a special agency established by you, within your Command, all German foreign exchange and external assets as provided in subparagraph a. You will endeavor to have similar agencies for the same purpose established in the other zones of occupation and to have them merged as soon as practicable in one agency for the entire occupied territory. In addition you will provide full reports to your government with respect to all German foreign exchange and external assets.

 

50. No extension of credit to Germany or Germans by any foreign person or Government shall be permitted except that the Control Council may in special emergencies grant permission for such extensions of credit.

 

51. It is not anticipated that you will make credits available to the Reichsbank or any other bank or to any public or private institution. If, in your opinion, such action becomes essential, you may take such emergency actions as you may deem proper, but in any event, you will report the facts to the Control Council.

 

52. You will main such accounts and records as may be necessary to reflect the financial operations of the military government in your zone and you will provide the Control Council with such information as it may require, including information in connection with the use of currency by your forces, any governmental settlements, occupation costs, and other expenditures arising out of operations or activities involving participation of your forces.

(Department of State: Foreign Relations of the United States, 1945, vol. 3, European Advisory Commission; Austria; Germany, p. 484)

______________________________

 

 

 

[5] Psychologist in Germany: The Story of an American Intelligence Officer — Hardcover – 1 Jan 1946, by Saul K Padover (Author) 400 pages.

 

Saul Kussiel Padover (April 13, 1905–February 22, 1981) (jewish) was an historian and political scientist at the New School for Social Research in New York City.

 

Padover was born in Vienna, Austria, and came to the United States at the age of fifteen in 1920, with his father, Keva Padover, an American citizen, and his mother, the former Frumet Goldmann. Padover earned his Bachelor of Arts degree from Wayne State University in Detroit., Michigan. From 1928-1929, he enrolled in graduate coursework at Yale University in New Haven, Connecticut. In 1930, he received a Master of Arts from and in 1932 a Ph.D. from the University of Chicago. Padover accepted research positions at the University of Chicago in 1932 and then a longer stint at the University of California at Berkeley. From 1938-1944, he worked in the United States Department of Interior during the long tenure of Secretary Harold L. Ickes. In 1944, Padover was a political analyst based in London for the Federal Communications Commission. He also served as an intelligence officer for the Office of Strategic Services, forerunner of the Central Intelligence Agency, and for the United States Army from 1944-1946.

Source: http://en.wikipedia.org/wiki/Saul_K._Padover

 

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 Nuremberg 014

 

 

 

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PDF of this post. Click to view or download (4.0 MB). >>Nuremberg and Other War Crimes a New Look – Part 3
 

Version History

 

Version 2: Dec 20, 2017 — Improved formatting.

 

Version 1: Published Oct 7, 2014
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