Both accused had, as their biographies show, subscribed early to
National Socialism, which preached the biological and intellectual superiority
of the nordic – embodied in German blood – “master race”, and tried to
make this reality.
This racial ideology formed the basis for
IV. The development of the Jewish Question in national socialist Germany
It created the historic and psychological background, before which the horrifying tragedy of the persecution of the Jews – and in its framework the bloody annihilation Aktionen of 8 to 12 May 1942 in the area of the RC Lida – could play itself out. Without understanding of this Jewish policy, executed by the goal-oriented men in power in the Third Reich, the hideous crimes committed during the Russian campaign behind the lines cannot be understood and judged. The criminal acts of which the accused are accused comprise only a tiny segment of the multitude of crimes committed behind the Russian front.
The following summary of the Jewish policies of the Third Reich is therefore indispensible for judging the crimes the accused are alleged to have committed both objectively and subjectively.
Under Hitler’s leadership the NSDAP set as its goal to exclude Jews from the life of the German people. The ideological foundation for this formed the party platform of the NSDAP from 24 February 1920, particularly points 4 and 5, which are quoted:
Point 4
“Only he who is a fellow ethnic [Volksgenosse] can be citizen, who is fellow ethnic can only be so if of German blood, without regard for religion. No Jew can therefore e a fellow citizen”. Helmut Krausnick, Anatomie des NS-Staates vol 2 p 308
Point 5
“Who is not citizen, should only be allowed to live in Germany as a guest, and must therefore be treated according to the laws for foreigners”
With Hitler’s coming to power (30 January 1933) and the Empowerment Law enacted soon after, the way was paved for turning the party platform into reality. The fulcrum of official Jewish policy to the year 1938 was on the one hand the so-called legal exclusion of Jews and on the other hand – corresponding to the growing power of the SS – a stepwise but systematic, relatively quiet, but therefore more effective, police/administrative practice of oppression and terrorism. Krausnick p 316
First a wave of laws excepting Jews deprived them of more and more rights, economic participation, excluded them from employment and defamed them personally.
Already a few months after the so-called take-over, Jews were removed from the civil service ( Law of 7 April 1933 RGB .I/ 175) and the scope of Jewish attorneys, doctors, and dentists restricted ( Law of 7 Apr 1933 with VO of 22 April and 2 June 1933 1933 RGB.I/ 188, 222, 350). Later Jews were completely prohibited from practicing as doctors or attorneys (VO of 25 July and 27 September 1938 RGB.I/696, 1403)
The measures stripping Jews of rights peaked in the so called Nuernberger Laws of 15 September 1935 (RGB.I/ 1146 with VO I/ 1333, 1524). With these laws Jews lost citizenship, therefore the right to vote and the ability to serve in civil service positions. Furthermore, the law to protect German blood and honor of 15 September 1935 (RGB.I/1146) prohibited, among other things, marriages between Jews and citizens of German and related blood, and punished them severely. Through these laws and further measaures (among others, stamping identity cards “Jew”), Jews were placed under different laws. There were to be pushed out of the civic, economic, political and cultural life of Germany and thereby forced to emigrate.
To reach these goals, in parallel to disenfranchising the Jews, a parallel boycott and campaign of hatred against the Jews was directed from above using every possible means of influencing public opinion. In film, in a veritable flood of antisemitic literature, and in particular through press, which was, soon after the take over “conformized” [a bit of Nazi speak meaning nothing opposed to or not clearly in favor of the party was allowed to be printed]. Jews were heralded as the embodiment of everything inferior and bad, and blamed for every misfortune in Germany’s recent history.
Thus everything was applied to tear open as widely as possible the deep cleft between Jews & “those of German blood” already created by law in the personal – psychic realm as well.
This systematic boycott and racist campaign against the Jews eventually led to “Kristallnacht” after the assassination attempt against the Legation Secretary vom Rath in Paris by the 17-year-old Jews Gruenspan. This pogrom carried out by members of the party was ordered and directed from above. Krausnick p 333
In a report of the highest party officials to Goering that has been
persevered, it says:
“The oral directions of the Reichs Propanda Director were well-understood
by all the party leaders present, that the party should not from the outside
appear to be the originator of the demonstration, but in reality was to
organize and direct it”. JMT, vol 32 p 20 ff, Doc Ps. 3063, Krausnick p
334
In all, on the so-called Kristallnacht, 267 Synagogues were set on fire and destroyed, 36 Jews murdered, numerous Jews humiliated and mistreated, over 7000 Jewish businesses destroyed and about 20,000 Jews arrested. JMT vol 32 p 1 & 2, Odc PS 3058, Krausnick p 334
The police, in accordance to an express telegraph from Heydrich that same night, did not interfere, so that it was clearly recognized by any decent thinking and judging person that this could not possibly have been a “spontaneous protest”. JMT vol 31 p 515, 519 Doc Ps 3051
Although Jews suffered significant losses through this “spontaneous protest”, they were fined a sum eventually totalling 1.25 Billion Reichmarks and restoration of the damages by state confiscation of insurance payments to them for the damages. (RGB1. 1938 I/ 1579, 1581, 1939, 2059) Krausnick p 334
Kristallnacht was followed by a number of discriminating measures against Jews. In addition to the prohibition against owning firearms, weapons that struck or stabbing weapons (VO of 11 November 1938. RGB1.I/1573), the closing of and, for all purposes, confiscation of all Jewish businesses and real estate in Jewish ownership, as well the prohibition against Jewish ownership of land (VO on the confiscation of Jewish assets of 3 December 1938 RGB1. I/1709 ff), the exclusion of Jews from German schools and universities, setting “Jewish banning”, the prohibition against going to theaters, museums, concerts, sports events, baths etc., as well as the revocation of driver’s licenses and the permits to drive trucks. Krausnick p 336.
Furthermore, by the edict of 16 November 1938 (RGB1 .I /1611) Jews were denied the right to wear the uniform of the old or new Wehrmacht. Jewish veterinarians and pharmacists were prohibitted the practice of their profession by the order of 17 January 1939 (RGB1 .I/ 47), and Jewish dentists could treat only Jewish patients. A special law about apartment leases to Jews was passed (Law of 30 April 1939 RGB1. I/ 864).
Furthermore, according to the order of 7 March 1939 (RGB1. I/ 425) Jews were not allowed to join or remain in the Wehrmacht or the Labor Corps.
The tenth order to the citizenship law of 4 July 1939 (RGB1. I/ 1057 ff) created the Reischvereinigung for Jews. This group was a forced organization and was under the control of the Reichs Security Administration, Division IV, and thereby under the Chief of the Security Police and the Security Service [SD] Heydrich. Its purpose was to “further” the emigration of Jews, that is, to push them out of Germany. Jews who emigrated were to be taxed (Reichfluchtssteuer = tax on fleeing the Reich) to finance the emigration of poor Jews. The above mentioned Reichsvereinigung was additionally responsible for Jewish education and for Jewish welfare services.
After the war began, Jews were subject to curfew and their radios confiscated. Krausnick p 337.
After the order of 15 November 1939, Jewish nannies and nurses could serve only in Jewish institutions or Jewish homes. In 1940, there followed the denial of clothing rations and a prohibition against telephone usage. Krausnick p 337
With the Police Order of 1 September 1941 (RGB1. I/547), Jews were prohibited from leaving their home localities without having a written permit from the local police, or from wearing organizational insignia or military medals. On the other hand, all Jews over 6 years old were required to wear the yellow star in public.
The employment conditions of Jews were peculiarly altered by the orders
regarding employment of Jews of 31 October 1941 (RGB1. I/681ff).
Jews were prohibited from using public telephone sites, public transit,
electrical appliances, bicycles, type writers, etc. In legal matters,
they were not allowed to submit defense arguments. Finally, through
the 13th order to the Reichs citizenship law of 1 July 1943 (RGB1. I/372),
it was decreed that penal matters involving Jews were no longer to go through
the courts, but would be handled directly by the police, and that after
the death of a Jew, his/her estate go directly to the state.
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