“The Higher SS- and Police Leader is directly subordinated to the Reich Commissar. However, the Chief of Staff has the general right to secure information from him also. His official title is:‘The Reich Commissar for the Eastern Territory The Higher SS- and Police Leader.’“Great stress is to be placed on close cooperation between him, the Chief of Staff, and the other Main Department Heads of the office of the Reich Commissar, particularly with the one for Policies.” (1056-PS)
“The Higher SS- and Police Leader is directly subordinated to the Reich Commissar. However, the Chief of Staff has the general right to secure information from him also. His official title is:
‘The Reich Commissar for the Eastern Territory The Higher SS- and Police Leader.’
“Great stress is to be placed on close cooperation between him, the Chief of Staff, and the other Main Department Heads of the office of the Reich Commissar, particularly with the one for Policies.” (1056-PS)
The scope of Rosenberg’s control over the SS in the Occupied Eastern Territories is revealed in a decree signed by Rosenberg, dated 17 July 1941, and found in theVerordnungsblattof the Reich Minister for the Occupied East, 1942 #2, pages 7 and 8. This decree provides for the creation of summary courts-martial to punish crimes committed by non-Germans in the East, as determined by the Reich Commissar. The courts are to be presided over by a police officer or an SS leader, who have authority toorder the death sentence and confiscation of property, and whose decisions are not subject to appeal. The General Commissar is given the right to reject a summary Courts’ decision. Thus, the determination of the SS is subordinated to the authority of Rosenberg’s Ministry.
The position of the General Commissar is defined as follows in the organizational treatise:
“The General Commissar forms the administrative office of intermediate appeal. Within his jurisdiction he heads the administration according to the general directives of the Reich Minister for the Occupied Eastern Territories and the prescriptions of the Reich Commissar.”* * * * * *“The SS- andPolice Leaderassigned to the General Commissar is directly subordinated to him; however, the Chief of Staff has the general right of requiring information from him.” (1056-PS)
“The General Commissar forms the administrative office of intermediate appeal. Within his jurisdiction he heads the administration according to the general directives of the Reich Minister for the Occupied Eastern Territories and the prescriptions of the Reich Commissar.”
* * * * * *
“The SS- andPolice Leaderassigned to the General Commissar is directly subordinated to him; however, the Chief of Staff has the general right of requiring information from him.” (1056-PS)
Regional Commissars are described as follows:
“The Regional Commissar heads the entire administration of the lower administrative office in the Circuit District [Kreisgebiet] in accordance with the instructions of the General Commissar and the superior offices * * *. The leader of the police unit assigned to him is directly subordinated to him.” (1056-PS)
“The Regional Commissar heads the entire administration of the lower administrative office in the Circuit District [Kreisgebiet] in accordance with the instructions of the General Commissar and the superior offices * * *. The leader of the police unit assigned to him is directly subordinated to him.” (1056-PS)
Main Commissars are described in these terms:
“Upon recommendation by the Reich Commissar the Reich Minister for the Occupied Eastern Territories appoints Main Commissars for Main Districts formed by the consolidation of several Circuit Districts.” (1056-PS)
“Upon recommendation by the Reich Commissar the Reich Minister for the Occupied Eastern Territories appoints Main Commissars for Main Districts formed by the consolidation of several Circuit Districts.” (1056-PS)
The order of superiority in the service among these various officials is stated as follows:
“The Reich Minister for the Occupied Eastern Territories is the service superior of the Reich Commissar and the officials and the employees subordinate to them. The Reich Commissar is the superior of all officials and employees of his office and of the offices subordinate to him. The General Commissar is the superior of the officials and employees of his office and of the officials and employees of the offices of the Main and Regional Commissars. The Main Commissar and the Regional Commissar are the superior of the officials and employees of their offices.” (1056-PS)
“The Reich Minister for the Occupied Eastern Territories is the service superior of the Reich Commissar and the officials and the employees subordinate to them. The Reich Commissar is the superior of all officials and employees of his office and of the offices subordinate to him. The General Commissar is the superior of the officials and employees of his office and of the officials and employees of the offices of the Main and Regional Commissars. The Main Commissar and the Regional Commissar are the superior of the officials and employees of their offices.” (1056-PS)
Thus, there is a continuous chain of command and of accountability from the Reich Minister, Rosenberg, down through each subdivision of the Ministry.
Furthermore, Rosenberg had authority to legislate for the entire area, and the jurisdiction of his Ministry was exclusive, aside from that of the military. The organizational treatise states:
“The Reich Commissars, General Commissars, Main Commissars and Regional Commissars (City Commissars) are—aside from the military agencies—the only Reich authorities [Reichsbehoerden] in the Occupied Eastern Territories. Other Reich authorities may not be established alongside them. They handle all questions of administration of the area which is subordinate to their sovereignty and all affairs which concern the organization and activity of the administration including those of the Police in the supervision of the native [landeseigenen] agencies and organizations, and of the population.“The Reich Minister governs the occupied Eastern Territories by order of the Fuehrer. He can make the law for all the territories.” (1056-PS)
“The Reich Commissars, General Commissars, Main Commissars and Regional Commissars (City Commissars) are—aside from the military agencies—the only Reich authorities [Reichsbehoerden] in the Occupied Eastern Territories. Other Reich authorities may not be established alongside them. They handle all questions of administration of the area which is subordinate to their sovereignty and all affairs which concern the organization and activity of the administration including those of the Police in the supervision of the native [landeseigenen] agencies and organizations, and of the population.
“The Reich Minister governs the occupied Eastern Territories by order of the Fuehrer. He can make the law for all the territories.” (1056-PS)
The following passage shows that the economic exploitation of the territory was undertaken in fullest cooperation with the Commissioner of the Four-Year Plan:
“The Fuehrer has entrusted Reich Marshal Hermann Goering, as Commissioner for the Four Year Plan, with the supervision of the tasks of the war economy in the Occupied Eastern Territories. The economic inspectorates and economic commands are active there as his representatives [Organe] [see Green Folio]. These economic inspectorates and economic commands will be substantially absorbed in the agencies of the civil administration after the establishment of the civil administration.” (1056-PS)
“The Fuehrer has entrusted Reich Marshal Hermann Goering, as Commissioner for the Four Year Plan, with the supervision of the tasks of the war economy in the Occupied Eastern Territories. The economic inspectorates and economic commands are active there as his representatives [Organe] [see Green Folio]. These economic inspectorates and economic commands will be substantially absorbed in the agencies of the civil administration after the establishment of the civil administration.” (1056-PS)
Careful provision was made for channeling to Rosenberg complete and accurate information as to the situation throughout the territory governed by him:
“The Reich and General Commissars will determine the periods at which the subordinate agencies are to report regularly about the general situation without prejudice to the duty to provide individual reports and special delivery reports (at first, at short intervals which can be later lengthened). At first the Reich Commissars will give the Reich Minister for the Occupied Eastern Territories a comprehensive report on the situation in brief form twice a month, on the first and fifteenth of each month. The Reich Minister is to be given a report by the Reich Commissar immediately about incidents of an especially important nature. The General Commissars and Regional Commissars must reportdirectly to the Reich Minister for the Occupied Eastern Territories by the quickest means particularly important incidents, as, for example, widespread unrest, more important acts of sabotage and strikes, great natural catastrophes and the like, and at the same time report them to the next superior agency.” (1056-PS)
“The Reich and General Commissars will determine the periods at which the subordinate agencies are to report regularly about the general situation without prejudice to the duty to provide individual reports and special delivery reports (at first, at short intervals which can be later lengthened). At first the Reich Commissars will give the Reich Minister for the Occupied Eastern Territories a comprehensive report on the situation in brief form twice a month, on the first and fifteenth of each month. The Reich Minister is to be given a report by the Reich Commissar immediately about incidents of an especially important nature. The General Commissars and Regional Commissars must reportdirectly to the Reich Minister for the Occupied Eastern Territories by the quickest means particularly important incidents, as, for example, widespread unrest, more important acts of sabotage and strikes, great natural catastrophes and the like, and at the same time report them to the next superior agency.” (1056-PS)
The Second Section of this organizational treatise, entitled “Working directives for the Civil Administration,” contains this statement:
“* * * the Hague Rules of Land Warfare which deal with the administration of a country occupied by a foreign armed power are not valid.” (1056-PS;EC-347)
“* * * the Hague Rules of Land Warfare which deal with the administration of a country occupied by a foreign armed power are not valid.” (1056-PS;EC-347)
The document continues as follows:
“The handling of cases of sabotage is the concern of the Senior SS- and Police Leader, of the SS- and Police Leader and/or the police leaders of the lower echelon. Insofar, however, as collective measures against the population of a definite region appear appropriate, the decision about them rests with the competent Commissar on the proposal of the Police Leader. The calling of the population for the tasks of guarding can be ordered by the Regional Commissar.“The assessment of fines of money or goods, as well as the ordering of the seizure of hostages and the shooting of inhabitants of the territory in which the acts of sabotage have taken place, can only be by the General Commissar, insofar as the Reich Commissar himself does not intervene.”* * * * * *“The District Commissar is responsible for the supervision of all prisons, insofar as the Reich Commissar does not decree otherwise.” (1056-PS;EC-347)
“The handling of cases of sabotage is the concern of the Senior SS- and Police Leader, of the SS- and Police Leader and/or the police leaders of the lower echelon. Insofar, however, as collective measures against the population of a definite region appear appropriate, the decision about them rests with the competent Commissar on the proposal of the Police Leader. The calling of the population for the tasks of guarding can be ordered by the Regional Commissar.
“The assessment of fines of money or goods, as well as the ordering of the seizure of hostages and the shooting of inhabitants of the territory in which the acts of sabotage have taken place, can only be by the General Commissar, insofar as the Reich Commissar himself does not intervene.”
* * * * * *
“The District Commissar is responsible for the supervision of all prisons, insofar as the Reich Commissar does not decree otherwise.” (1056-PS;EC-347)
(b)Rosenberg’s Use of His Authority and Power for Criminal Purposes.The manner in which Rosenberg’s authority and power were wielded is illustrated in other sections of this volume, which show that in the Eastern Territories millions of Jews were exterminated; that millions of slave laborers were pressed into service under indescribable conditions; that the populace was degraded, starved, beaten, and murdered; and that the country was stripped of its resources. However, in order to illustrate the manner in which Rosenberg participated in the criminal activities conducted within his jurisdiction, four examples may be mentioned.
1. Seizure of Jewish Property.The first illustration is contained in the decree signed by Lohse, Reichscommissar for the Ostland, which is published in theVerordnungsblattofthe Reichscommissar for the Ostland, 1942, No. 38, pages 158 and 159. This decree provides for the seizure of the entire property of the Jewish population in the Ostland, including the claims of Jews against third parties. The seizure was made retroactive to the day of the occupation of the territory by the German troops. This sweeping decree was issued and published by Rosenberg’s immediate subordinate, and it must be assumed that Rosenberg knew of it and acquiesced in it. The power to enact such a decree, as previously outlined, arose by virtue of delegation of that power by Rosenberg to the Reichscommissar.2. Extermination of Jews.The second illustration is the report of the prison warden of Minsk that 516 German and Russian Jews had been killed. The warden called attention to the fact that valuable gold had been lost due to the failure to knock out the tooth-fillings of the victims before they were done away with (R-135).3. Deportations for Forced Labor.The third illustration is a letter which Rosenberg wrote to Sauckel on 21 December 1942 in the following terms:“I thank you very much for your report on the execution of the great task given to you, and I am glad to hear that in carrying out your mission you have always found the necessary support, even on the part of the civilian authorities in the occupied Eastern territories. For myself and the officials under my command this collaboration was and is self-evident, especially since both you and I have, with regard to the solution of the labor problem in the East, represented the same view-points from the beginning.” (018-PS)As late as 11 July 1944 the Rosenberg Ministry was actively concerned with the continuation of the forced labor program in spite of the retreat from the East. A letter from Alfred Meyer, Rosenberg’s deputy, addressed to Sauckel, dated 11 July 1944 shows that this time it is Rosenberg’s Ministry that is urging action:“1. * * * The war employment command [Kriegseinsatzkommando] formerly stationed in Minsk must continue under all circumstances the calling in of your white Ruthenian and Russian manpower for military employment in the Reich. In addition, the command has the mission to bring young boys of 10-14 years of age to the Reich.” (199-PS)4. Economic Exploitation.The final illustration of Rosenberg’s criminal responsibility is contained in a secret letter from Rosenberg to Bormann dated 17 October 1944 (327-PS). It furnishes a graphic account of Rosenberg’s activities in the economic exploitation of the Occupied East. The first paragraph reads:“In order not to delay the liquidation of companies under my supervision, I beg to point out that the companies concerned are not private firms but business enterprises of the Reich, so that also actions with regard to them, just as with regard to government offices, are reserved to the highest authorities of the Reich. I supervise the following companies * * *.” (327-PS)There follows a list of nine companies—a trading company, an agricultural development Company, a supply company, a pharmaceutical company, and five banking concerns. The mission of the trading company is stated to be:“Collection of all agricultural products as well as commercial marketing and transportation thereof. (Delivery to armed forces and the Reich.)” (327-PS)The letter continues as follows:“During this period, the Z.O. (Central Trading Corporation), together with its subsidiaries, has collected:“Grain9,200,000 tonsMeat and meat products622,000 tonsLinseed950,000 tonsButter208,000 tonsSugar400,000 tonsFodder2,500,000 tonsPotatoes3,200,000 tonsSeeds141,000 tonsOther agricultural products1,200,000 tonsand1,075,000,000 eggs“The following was required for transportation:“1,418,000 railroad box cars and 472,000 tons of boat shipping space.” (327-PS)
1. Seizure of Jewish Property.The first illustration is contained in the decree signed by Lohse, Reichscommissar for the Ostland, which is published in theVerordnungsblattofthe Reichscommissar for the Ostland, 1942, No. 38, pages 158 and 159. This decree provides for the seizure of the entire property of the Jewish population in the Ostland, including the claims of Jews against third parties. The seizure was made retroactive to the day of the occupation of the territory by the German troops. This sweeping decree was issued and published by Rosenberg’s immediate subordinate, and it must be assumed that Rosenberg knew of it and acquiesced in it. The power to enact such a decree, as previously outlined, arose by virtue of delegation of that power by Rosenberg to the Reichscommissar.
2. Extermination of Jews.The second illustration is the report of the prison warden of Minsk that 516 German and Russian Jews had been killed. The warden called attention to the fact that valuable gold had been lost due to the failure to knock out the tooth-fillings of the victims before they were done away with (R-135).
3. Deportations for Forced Labor.The third illustration is a letter which Rosenberg wrote to Sauckel on 21 December 1942 in the following terms:
“I thank you very much for your report on the execution of the great task given to you, and I am glad to hear that in carrying out your mission you have always found the necessary support, even on the part of the civilian authorities in the occupied Eastern territories. For myself and the officials under my command this collaboration was and is self-evident, especially since both you and I have, with regard to the solution of the labor problem in the East, represented the same view-points from the beginning.” (018-PS)
“I thank you very much for your report on the execution of the great task given to you, and I am glad to hear that in carrying out your mission you have always found the necessary support, even on the part of the civilian authorities in the occupied Eastern territories. For myself and the officials under my command this collaboration was and is self-evident, especially since both you and I have, with regard to the solution of the labor problem in the East, represented the same view-points from the beginning.” (018-PS)
As late as 11 July 1944 the Rosenberg Ministry was actively concerned with the continuation of the forced labor program in spite of the retreat from the East. A letter from Alfred Meyer, Rosenberg’s deputy, addressed to Sauckel, dated 11 July 1944 shows that this time it is Rosenberg’s Ministry that is urging action:
“1. * * * The war employment command [Kriegseinsatzkommando] formerly stationed in Minsk must continue under all circumstances the calling in of your white Ruthenian and Russian manpower for military employment in the Reich. In addition, the command has the mission to bring young boys of 10-14 years of age to the Reich.” (199-PS)
“1. * * * The war employment command [Kriegseinsatzkommando] formerly stationed in Minsk must continue under all circumstances the calling in of your white Ruthenian and Russian manpower for military employment in the Reich. In addition, the command has the mission to bring young boys of 10-14 years of age to the Reich.” (199-PS)
4. Economic Exploitation.The final illustration of Rosenberg’s criminal responsibility is contained in a secret letter from Rosenberg to Bormann dated 17 October 1944 (327-PS). It furnishes a graphic account of Rosenberg’s activities in the economic exploitation of the Occupied East. The first paragraph reads:
“In order not to delay the liquidation of companies under my supervision, I beg to point out that the companies concerned are not private firms but business enterprises of the Reich, so that also actions with regard to them, just as with regard to government offices, are reserved to the highest authorities of the Reich. I supervise the following companies * * *.” (327-PS)
“In order not to delay the liquidation of companies under my supervision, I beg to point out that the companies concerned are not private firms but business enterprises of the Reich, so that also actions with regard to them, just as with regard to government offices, are reserved to the highest authorities of the Reich. I supervise the following companies * * *.” (327-PS)
There follows a list of nine companies—a trading company, an agricultural development Company, a supply company, a pharmaceutical company, and five banking concerns. The mission of the trading company is stated to be:
“Collection of all agricultural products as well as commercial marketing and transportation thereof. (Delivery to armed forces and the Reich.)” (327-PS)
“Collection of all agricultural products as well as commercial marketing and transportation thereof. (Delivery to armed forces and the Reich.)” (327-PS)
The letter continues as follows:
“During this period, the Z.O. (Central Trading Corporation), together with its subsidiaries, has collected:“Grain9,200,000 tonsMeat and meat products622,000 tonsLinseed950,000 tonsButter208,000 tonsSugar400,000 tonsFodder2,500,000 tonsPotatoes3,200,000 tonsSeeds141,000 tonsOther agricultural products1,200,000 tonsand1,075,000,000 eggs“The following was required for transportation:“1,418,000 railroad box cars and 472,000 tons of boat shipping space.” (327-PS)
“During this period, the Z.O. (Central Trading Corporation), together with its subsidiaries, has collected:
“The following was required for transportation:
“1,418,000 railroad box cars and 472,000 tons of boat shipping space.” (327-PS)
Frank held the following positions in the NSDAP and the German Government:
(1) Member of NSDAP, 1928-1945.
(2) Member of the Reichstag, 1930-1945.
(3) Reich Minister Without Portfolio, 1934-1945.
(4) Reich Commissar for the Coordination of the State Administration of Justice and for Reformation of the Law (Reichskommisar fuer die Gleichschaltung der Justiz in der Landern und fuer Erneuerung der Rechtsordnung), April 1933-December 1934, in the Ministry of Justice.
(5) President, International Chamber of Law, 1941-42.
(6) President, Academy of German Law (Praesident der Akademie fuer Deutsches Recht), 1933-1942.
(7) Governor-General of the Occupied Polish Territories (General Gouverneur fuer die besetzten polnischen Gebiete), October 1939-1945.
(8) Bavarian State Minister of Justice, March 1933-December 1934.
(9) Reichsleiter of NSDAP, 1933-1942.
(10) Leader of the National Socialist Lawyers League (Bund Nationalsozialistischer deutscher Juristen), 1933-1942.
(11) Editor or author of the following between 1930 and 1942:
(a) “Deutsches Recht” (Magazine of National Socialist Jurist League)
(b) Magazine of the Academy of German Law.
(c) National Socialist Handbook for Law and Legislation. (2979-PS)
Frank himself described his role in the Nazi struggle for power in the following words in August 1942: