Hans Frank
May 23, 1900: Hans Michael Frank is born in Karlsruhe to lawyer Karl
Frank and his wife Magdalena Buchmaier.
1917 WW1:
: Frank joins the German Army.
From Hans Frank’s IMT (International Military Tribunal) Testimony:
In 1919 I finished my studies at the Gymnasium, and in 1926 I passed the
final state law examination, which completed my legal training. I had
several legal posts. I worked as a lawyer; as a member of the teaching
staff: of a technical college; and then I worked principally as legal
adviser to Adolf Hitler and the National Socialist German Workers Party. I
joined the German Labor Party, which was the forerunner of the National
Socialist German Workers Party, in 1919, but did not join the newly formed
National Socialist Workers Party at the time.
Note: The source for most items is the evidence presented to the
International Military Tribunal (IMT) at the first Nuremberg Trial, between
November 21, 1945 and October 1, 1946. As always, these excerpts from trial
testimony should not necessarily be mistaken for fact. It should be kept in
mind that they are the sometimes-desperate statements of hard-pressed
defendants seeking to avoid culpability and shift responsibility from
charges that, should they be found guilty, could possibly be punishable by
death.
February 24, 1920: The 25-point Program of the NSDAP is propagated.
[
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Point 19: We demand substitution of a German common law in place of
the Roman Law serving a materialistic world-order.
From Hans Frank’s IMT Testimony: The idea (regarding the concept
of a state controlled by a legal system) as far as I was concerned, was
contained in Point 19 of the Party program, which speaks of German common
law to be created. In the interest of accelerating the proceedings, I do not
wish to present my ideas in detail. My first endeavor was to save the core
of the German system of justice: the independent judiciary. My idea was that
even in a highly developed Fuehrer State, even under a dictatorship, the
danger to the community and to the legal rights of the individual is at
least lessened if judges who do not depend on the State Leadership can still
administer justice in the community. That means, to my mind, that the
question of a state ruled by law is to all intents and purposes identical
with the question of the existence of the independent administration of law.
Most of my struggles and discussions with Hitler, Himmler, and Bormann
during these years were more and more focused on this particular subject.
Only after the independent judiciary in the National Socialist Reich had
been definitely done away with did I give up my work and my efforts as
hopeless.
April 2, 1925: Frank weds his domineering 29-year-old secretary
Brigitte Herbst. She will later be known as the 'Queen of Poland'
(
Königin von Polen). The couple will have five children.
1926: Frank becomes a lawyer as he passes his final state law
examination. He is also the party's chief legal counsel and Hitler's
personal lawyer.
1927: Frank joins the Nazi Party.
From Hans Frank’s IMT Testimony: In 1923 I joined the Movement in
Munich as a member of the SA; and eventually, so to speak, I joined the
NSDAP for the first time in 1927. I have never been a member of the SS. I
never had the rank of an SS Obergruppenführer or SS General. No, not even
honorary. I was Obergruppenführer in the SA at the end, and this was an
honorary position. In 1929 I became the head of the legal department of the
Supreme Party Directorate of the NSDAP. In that capacity I was appointed
Reichsleiter of the NSDAP by Adolf Hitler in 1931. I held this position
until I was recalled in 1942. I was Bavarian State Minister of Justice, and
after the ministries of justice in the various states were dissolved I
became Reich Minister without portfolio. I was the Reich Leader of the
National Socialist Jurists Association, which was later on given the name of
Rechtswahrerbund. In 1933 and 1934 I was Reich Commissioner for
Justice, and in 1939 I became Governor General of the Government General in
Krakow. These are the principal offices I have held in the Party.
1930: Frank is elected to the Reichstag.
1931: Hitler appoints Frank NSDAP Reichsleiter.
1933: The Academy for German Law (
Akademie für deutsches
Recht) is founded. Frank is also appointed the Minister of Justice for
Bavaria, and the head of the National Socialist Jurists Association
(
Rechtswahrerbund).
From Hans Frank’s IMT Testimony: In 1933 I became the President of
the Academy of German Law, which I had founded. The Academy of German Law
was the meeting place of the most prominent legal minds in Germany in the
theoretical and practical fields. Right from the beginning I attached no
importance to the question whether the members were members of the Party or
not. Ninety percent of the members of the Academy of German Law were not
members of the Party. Their task was to prepare laws, and they worked
somewhat on the lines of an advisory committee in a well-organized
parliament. It was also my idea that the advisory committees of the Academy
should replace the legal committees of the German Reichstag, which was
gradually fading into the background in the Reich. In the main the Academy
helped to frame only laws of an economic or social nature, since owing to
the development of the totalitarian regime it became more and more
impossible to cooperate in other spheres.
March 22, 1933: The first of many Nazi Concentration Camps goes into
operation, at Dachau, in Bavaria.
From Hans Frank’s IMT Testimony: I learned that the Dachau
concentration camp was being established in connection with a report which
came to me from the Senior Public Prosecutor's Office in Munich on the
occasion of the killing of the Munich attorney, Dr. Strauss. This Public
Prosecutor's Office complained to me, after I had given them orders to
investigate the killing, that the SS had refused them admission to the
Dachau concentration camp. Thereupon I had Reich Governor, General Von Epp,
call a meeting where I produced the files regarding this killing and pointed
out the illegality of such an action on the part of the SS and stated that
so far representatives from the German Public Prosecutor's Office had always
been able to investigate any death which evoked a suspicion that a crime had
been committed and that I had not become aware so far of any departure from
this principle in the Reich.
After that I continued protesting against this method to Dr. Guertner, the
Reich Minister of Justice and at the same time Attorney General. I pointed
out that this meant the beginning of a development which threatened the
legal system in an alarming manner. At Heinrich Himmler's request Adolf
Hitler intervened personally in this matter, and he used his power to quash
any legal proceedings. The proceedings were ordered to be quashed I handed
in my resignation as Minister of Justice, but it was not accepted.
Concentration (camps) were entirely a matter for the police and had nothing
to do with the administration. Members of the civil administration were
officially prohibited from entering the camps. In 1935 I participated in a
visit to the Dachau concentration camp, which had been organized for the
Gauleiters. That was the only time that I have entered a concentration
camp.
1934: Frank becomes Reich Minister Without Portfolio.
From Hans Frank’s IMT Testimony: In my own sphere I did everything
that could possibly be expected of a man who believes in the greatness of
his people and who is filled with fanaticism for the greatness of his
country, in order to bring about the victory of Adolf Hitler and the
National Socialist movement. I never participated in far-reaching political
decisions, since I never belonged to the circle of the closest associates of
Adolf Hitler, neither was I consulted by Adolf Hitler on general political
questions, nor did I ever take part in conferences about such problems.
Proof of this is that throughout the period from 1933 to 1945 I was received
only six times by Adolf Hitler personally, to report to him about my sphere
of activities.
March 20, 1934:: From a radio address by Hans Frank:
The first task was that of uniting all Germans into one State. It was an
outstanding historical and legislative accomplishment on the part of our
Fuehrer that by boldly grasping historical development he eliminated the
sovereignty of the various German states. At last we have now, after 1,000
years, again a unified German State in every respect. It is no longer
possible for the world, based on the spirit of resistance inherent in small
states, which are set up on an egoistical scale and solely with a view to
their individual interest, to make calculations to the detriment of the
German people. That is a thing of the past for all times to come... The
second fundamental law of the Hitler Reich is racial legislation. The
National Socialists were the first in the entire history of human law to
elevate the concept of race to the status of a legal term. The German
Nation, unified racially and nationally, will in the future be legally
protected against any further disintegration of the German race stock...
The sixth fundamental law was the legal elimination of those political
organizations which within the State, during the period of the regeneration
of the people and the reconstruction of the Reich, were once able to place
their selfish aims ahead of the common good of the nation. This elimination
has taken place entirely legally. It is not the coming to the fore of
despotic tendencies, but it was the necessary legal consequence of a clear
political result of the 14 years' struggle of the NSDAP. In accordance with
these unified legal aims in all spheres, particular efforts have for months
now been made regarding the work of the great reform of the entire field of
German law. As the leader of the German jurists, I am convinced that,
together with all strata of the German people, we shall be able to construct
the legal state of Adolf Hitler in every respect and to such an extent that
no one in the world will at any time be able to dare to attack this
constitutional state as regards its laws.
July 11, 1934: The Academy for German Law (
Akademie für deutsches
Recht) becomes a public Reich corporation "To promote the reconstruction
of German legal life and to realize, in constant close collaboration with
the competent legislative organizations, the National Socialist program in
the entire sphere of law." Frank will be president of the Institute from
1933 to 1943.
March 16, 1935: Hitler illegally reintroduces mandatory military
service and raises troop levels from 100,000 to 555,000 soldiers. The
“Reichswehr” becomes the “Wehrmacht.”
From Hans Frank’s IMT Testimony: I was not Reich Minister of
Justice. The Reich Minister of Justice, Dr. Guertner, was, however, not
competent for the entire field of legislation but merely for those laws
which came within the scope of his ministry. Legislation in the Reich, in
accordance with the Enabling Act, was in the hands of the Fuehrer and Reich
Chancellor and the Reich Government as a body. Consequently my name appears
in the Reichsgesetzblatt at the bottom of one law only, and that is the law
regarding the Reintroduction of Compulsory Military Service. However, I am
proud that my name stands at the end of that law.
October 3, 1936: Frank speaks before the Congress of the Reich Group
of University Professors of the National Socialist Jurists' League:
It is so obvious that it hardly needs mentioning that any participation
whatsoever of the Jew in German law—be it in a creative, interpretative,
educational or critical capacity—is impossible. The elimination of the Jews
from German jurisprudence is in no way due to hatred or envy but to the
understanding that the influence of the Jew on German life is essentially a
pernicious and harmful one and that in the interests of the German people
and to protect its future an unequivocal boundary must be drawn between us
and the Jews.
From Hans Frank’s IMT Testimony: War is not a thing one wants. War
is terrible. We have lived through it; we did not want the war. We wanted a
great Germany and the restoration of the freedom and welfare, the health and
happiness of our people. It was my dream, and probably the dream of every
one of us, to bring about a revision of the Versailles Treaty by peaceful
means, which was provided for in that very treaty But as in the world of
treaties, between nations also, it is only the one who is strong who is
listened to; Germany had to become strong first before we could negotiate.
This is how I saw the development as a whole: the strengthening of the
Reich, reinstatement of its sovereignty in all spheres, and by these means
to free ourselves of the intolerable shackles which had been imposed upon
our people. I was happy, therefore, when Adolf Hitler, in a most wonderful
rise to power, unparalleled in the history of mankind, succeeded by the end
of 1938 in achieving most of these aims; and I was equally unhappy when in
1939, to my dismay, I realized more and more that Adolf Hitler appeared to
be departing from that course and to be following other methods.
September 1, 1939: Hitler invades Poland, beginning what will become
WW2. Himmler’s Einsatzgruppen begin their genocidal activities.
From Hans Frank’s IMT Testimony: On 24 August 1939, as an officer
in the reserve, I had to join my regiment in Postdate. I was busy training
my company; and on 17 September, or it may have been 16, I was making my
final preparations before going to the front when a telephone call came from
the Fuehrer's special train ordering me to go to the Fuehrer at once. The
following day I traveled to Upper Silesia where the Fuehrer's special train
was stationed at that time; and in a very short conversation, which lasted
less than ten minutes, he gave me the mission, as he put it, to take over
the functions of Civil Governor for the occupied Polish territories. At that
time the whole of the conquered Polish territories was under the
administrative supreme command of a military commander, General Von
Rundstedt. Toward the end of September I was attached to General Von
Rundstedt's staff as Chief of Administration, and my task was to do the
administrative work in the Military Government. In a short time, however, it
was found that this method did not work; and when the Polish territories
were divided into the part which was incorporated into the German Reich and
the part which then became the Government General, I was appointed Governor
General as from 26 October (Note: In fact, the 26th was day the directive
concerning the Governor General became effective). . . . .
Poland, which had been jointly conquered by Germany and the Soviet Union,
was divided first of all between the Soviet Union and the German Reich. Of
the 380,000 square kilometers, which is the approximate size of the Polish
State, approximately 200,000 square kilometers went to the Soviet Union and
approximately 170,000 to 180,000 square kilometers to the German Reich.
Please do not ask me for exact figures that was roughly the proportion. That
part of Poland which was taken over into Soviet Russian territory was
immediately treated as an integral part of the Soviet Union. The border
signs in the east of the Government General were the usual Reich border
signs of the Soviet Union, as from 1939. That part which came to Germany was
divided thus: 90,000 square kilometers were left to the Government General
and the remainder was incorporated into the German Reich. . . . .
During the first 10 minutes of the audience in his special train Adolf
Hitler instructed me to see to it that this territory, which had been
utterly devastated—all the bridges had been blown up; the railways no longer
functioned, and the population was in a complete turmoil-was put into order
somehow; and that I should see to it that this territory should become a
factor which would contribute to the improvement of the terribly difficult
economic and war situation of the German Reich.
All my complaints, everything I reported to him, were unfortunately dropped
into the wastepaper basket by him. I did not send in my resignation 14 times
for nothing. It was not for nothing that I tried to join my brave troops as
an officer. In his heart he was always opposed to lawyers, and that was one
of the most serious shortcomings of this outstandingly great man. He did not
want to admit formal responsibility, and that, unfortunately, applied to his
policy too, as I have found out now. Every lawyer to him was a disturbing
element working against his power. All I can say, therefore, is that, by
supporting Himmler's and Bormann's aims to the utmost, he permanently
jeopardized any attempt to find a form of government worthy of the German
name.
October 1939: Frank is appointed Governor General of occupied Poland
and assumes the rank of SS Obergruppenführer. An enthusiastic proponent of
Nazi racist ideology, Frank will order the execution of hundreds of
thousands of Poles, the enslavement of hundreds of thousands of Polish
workers, the wholesale confiscation of Polish property, and the herding of
most of Poland's Jews into ghettos as a prelude to their extermination.
From Hans Frank’s IMT Testimony: I was not informed about
anything. I heard about special action commandos of the SS here during this
trial. In connection with and immediately following my appointment, special
powers were given to Himmler, and my competence in many essential matters
was taken away from me. A number of Reich offices governed directly in
matters of economy, social policy, currency policy, food policy, and
therefore, all I could do was to lay upon myself the task of seeing to it
that amid the conflagration of this war, some sort of an order should be
built up which would enable men to live. The work I did out there,
therefore, cannot be judged in the light of the moment, but must be judged
in its entirety, and we shall have to come to that later. My aim was to
safeguard justice, without doing harm to our war effort.
The Higher SS and Police Leaders were in principle subordinate to the
Reichsführer SS Himmler. The AS did not come under my command, and any
orders or instructions which I might have given would not have been obeyed.
Witness Buehler will cover this question in detail.
The general arrangement was that the Higher SS and Police Leader was
formally attached to my office, but in fact, and by reason of his
activities, he was purely an agent of the Reichsführer SS Himmler. This
state of affairs, even as early as November 1939, was the cause of my first
offer to resign which I made to Adolf Hitler. It was a state of affairs
which made things extremely difficult as time went by. In spite of all my
attempts to gain control of these matters, the drift continued. An
administration without a police executive is powerless and there were many
proofs of this. The police officers, so far as discipline, organization,
pay, and orders were concerned, came exclusively under the German Reich
police system and were in no way connected with the administration of the
Government General. The officials of the SS and Police therefore did not
consider that they were attached to the Government General in matters
concerning their duty, neither was the police area called "Police Area,
Government General." Moreover the Higher SS and Police Leader did not call
himself "SS and Police Leader in the Government General" but "Higher SS and
Police Leader East." However, I do not propose to go into details at this
point.
From The Rise and Fall of the Third Reich by William L. Shirer:
Frank was a typical example of the Nazi intellectual gangster. He had joined
the party in 1927, soon after graduation from law school, and quickly made a
reputation as the legal light of the movement. Nimble-minded, energetic,
well read not only in the law but in general literature, devoted to the arts
and especially music, he became a power in the legal profession after the
Nazis assumed office, serving first as Bavarian Minister of Justice, then
Reichsminister without Portfolio and president of the Academy of Law and of
the German Bar Association. A dark, dapper, bouncy fellow, father of five
children, his intelligence and cultivation partly offset his primitive
fanaticism and...made him one of the least repulsive of the men around
Hitler. But behind the civilized veneer of the man lay the cold-blooded
killer. The forty-two volume journal he kept of his life and works, which
showed up at Nuremberg, was one of the most terrifying documents to come out
of the dark Nazi world, portraying the author as an icy, efficient,
ruthless, bloodthirsty man...it omitted none of his barbaric utterances.
From Hans Frank’s IMT Testimony: The universities in the
Government General were closed because of the war when we arrived. The
reopening of the universities was prohibited by order of Adolf Hitler. I
supplied the needs of the Polish and Ukrainian population by introducing
university courses of instruction for Polish and Ukrainian students-which
were actually on a university level-in such a way that the Reich Authorities
could not criticize it. The fact that there was an urgent need for native
university-trained men, particularly doctors, technicians, lawyers,
teachers, et cetera, was the best guarantee that the Poles and Ukrainians
would be allowed to continue university teaching to the extent which war
conditions would allow. My suggestion to reopen the Gymnasiums and secondary
schools was rejected by Adolf Hitler. We helped to solve the problem by
permitting secondary school education in a large number of private schools.
October 3, 1939: (
Document EC 344-16, Exhibit USA 297)
In the first interview which the chief of the Central Division and the
liaison officer between the Armament Department Upper East and the Chief
Administrative Officer (subsequently called Governor General) had with
Minister Frank on 3rd October, 1939, in Posen, Frank explained the directive
and the economic and political responsibilities which had been conferred
upon him by the Fuehrer and according to which he intended to administer
Poland. According to these directives, Poland can only be administered by
utilizing the country through means of ruthless exploitation; deportation of
all supplies, raw materials, machines, factory installations, etc., which
are important for the German war economy; availability of all workers for
work within Germany; reduction of the entire Polish economy to the absolute
minimum necessary for the bare existence of the population; and the closing
of all educational institutions, especially technical schools and colleges
in order to prevent the growth of the new Polish intelligentsia. Poland,
defendant Frank stated (and this is an exact quotation), 'Poland shall be
treated as a colony; the Poles shall be the slaves of the Greater German
World Empire.' . . . .
By destroying Polish industry, its subsequent reconstruction after the war
would become more difficult, if not impossible, so that Poland would be
reduced to its proper position as an agrarian country which would have to
depend upon Germany for the importation of industrial products.
October 7, 1939: (
Document 686-PS, Exhibit USA 305) From a secret decree
signed by Hitler, Goering, and Keitel:
The Reichsführer SS has the obligation in accordance with my directives:
1. To bring back for final return into the Reich all German nationals
and racial Germans in the foreign countries.
2. To eliminate the harmful influence of such alien groups of the
population as represent a danger to the Reich and the German folk community.
3. To form new German settlements by resettling and, in particular,
by settling returning German citizens and racial Germans from
abroad.
The Reichsführer SS is authorized to take all necessary general and
administrative measures for the execution of this obligation.
October 19, 1939: (
Document EC-410, USA 298) From a directive found among
the captured O.K.W. files, issued and signed by Goering:
In the meeting of 13th October, I have given detailed instructions for the
economical administration of the occupied territories. I will repeat them
here in short:
1. The task for the economic treatment of the various administrative
regions is different, depending on whether a country which will be
incorporated politically into the German Reich is involved, or whether we
are to deal with the Government General, which, in all probability, will not
be made a part of Germany.
In the first-mentioned territories the reconstruction and expansion of the
economy, the safeguarding of all their production facilities and supplies
must be aimed at, as well as a complete incorporation into the Greater
German economic system at the earliest possible time. On the other hand,
there must be removed from the territories of the Government General all raw
materials, scrap materials, machines, etc., which are of use for the German
war economy. Enterprises which are not absolutely necessary for the mere
maintenance of the naked existence of the population must be transferred to
Germany, unless such transfer would require an unreasonably long period of
time, and would make it more practical to exploit these enterprises by
giving them German orders to be executed at their present location.
November 7, 1939: The new Governor General arrives in Krakow.
From Hans Frank’s IMT Testimony: On 7 November 1939 I came to
Krakow. On 5 November 1939 before my arrival, the SS and the police, as I
found out later, called the Krakow professors to a meeting. They thereupon
arrested the men, among them dignified old professors, and took them to some
concentration camp. I believe it was Oranienburg. I found that report when I
arrived and against everything which may be found there in my diary, I want
to emphasize here under oath that I did not cease in my attempts to get
every one of the professors released whom I could reach, in March 1940. That
is all I have to say to this.
November 20, 1939: Deputy Fuehrer Rudolf Hess, from a captured O.K.W.
file:
I hear from Party members who came from the Government General that various
agencies, as, for instance, the Military Economic Staff, the Reich Ministry
for Labor, etc., intend to reconstruct certain industrial enterprises in
Warsaw. However, in accordance with a decision by Minister Dr. Frank, as
approved by the Fuehrer, Warsaw shall not be rebuilt nor is it the intention
of the Fuehrer to rebuild or reconstruct any industry in the Government
General.
December 27, 1939: From a speech by Hans Frank:
Today we are proud of having formulated our legal principles from the very
beginning in such a way that they need not be changed in the case of war.
For the maxim—that which serves the Nation is right, and that which harms it
is wrong, which stood at the beginning of our legal work and which
established this idea of the community, of the people as the only standard
of the law —this maxim shines out also in the social order of these
times.
From Hans Frank’s IMT Testimony: An accusation which is one that
touches my private life and affects me most deeply, is that I am supposed to
have enriched myself with the art treasures of the country entrusted to me.
I did not collect pictures and I did not find time during the war to
appropriate art treasures. I took care to see that all the art treasures of
the country entrusted to me were officially registered, and had that
official register incorporated in a document which was widely distributed;
and, above all, I saw to it that those art treasures remained in the country
right to the very end. In spite of that, art treasures were removed from the
Government General. A part was taken away before my administration was
established. Experience shows that one cannot talk of responsibility for an
administration until some time after it has been functioning, namely, when
the administration has been built up from the bottom. So that from the
outbreak of the war, 1 September 1939, until this point, which was about at
the end of 1939, I am sure that art treasures were stolen to an immeasurable
extent either as war booty or under some other pretext.
During the registration of the art treasures, Adolf Hitler gave the order
that the Veit Stoss altar should be removed from St. Mary's Church in
Krakow, and taken to the Reich. In September 1939 Mayor Liebel came from
Nuremberg to Krakow for that purpose with a group of SS men and removed this
altar. A third instance was the removal of the Duerer etchings in Lvov by a
special deputy before my administration was established there. In 1944,
shortly before the collapse, art treasures were removed to the Reich for
storage. In the Castle of Seichau, in Silesia, there was a collection of art
treasures which had been brought there by Professor Kneisl for this purpose.
One last group of art treasures was handed over to the Americans by me
personally. The largest and most valuable library which we found, the
Jagellon University Library in Krakow, which thank God was not destroyed,
was transferred to a new library building on my own personal orders; and the
entire collection, including the most ancient documents, was looked after
with great care.
February 25, 1940: From the 'diary' of Hans Frank:
Thereupon the Governor General spoke, and made the following statements: I
shall, therefore, again summarize all the points.
1. The Government General comprises that part of the occupied Polish
territory which is not an integral part of the German Reich...
2. This territory has primarily been designated by the Fuehrer as the
home of the Polish people. In Berlin the Fuehrer, as well as Field Marshal
Goering, emphasized to me again and again that this territory would not be
subjected to Germanization. It is to be set aside as the national territory
of the Polish people. In the name of the German people it is to be placed at
the disposal of the Polish nation as their reservation.
There is one thing I should like to tell you: The Fuehrer has urged me to
guarantee the self-administration of the Poles as far as possible. Under all
circumstances they must be granted the right to choose the Wojts and the
minor mayors and village magistrates from among the Poles, which would be to
our interest as well.
Note: The Frank Diary is not a diary in the traditional sense, but
rather an official journal, kept at Frank's direction, of the official texts
of speeches, transcripts of conferences, minutes of cabinet sessions, and
records of his administration in the General Government.
From Hans Frank’s IMT Testimony: The representation of the Polish
and Ukrainian population was on a regional basis, and I united the heads of
the bodies of representatives from the various districts in the so-called
subsidiary committees. There was a Polish and an Ukrainian subsidiary
committee. Count Ronikie was the head of the Polish committee for a number
of years, and at the head of the Ukrainian committee was Professor
Kubiowicz. I made it obligatory for all my offices to contact these
subsidiary committees on all questions of a general nature, and this they
did. I myself was in constant contact with both of them. Complaints were
brought to me there and we had free discussions. My complaints and memoranda
to the Fuehrer were mostly based on the reports from these subsidiary
committees. A second form in which the population participated in the
administration of the Government General was by means of the lowest
administrative units, which throughout the Government General were in the
hands of the native population. Every ten to twenty villages had as their
head a so-called Wojt. This Polish word Wojt is the same as the German word
"Vogt"-V-o-g-t. He was, so to speak, the lowest administrative unit.
A third form of participation by the population in the administration was
the employment of about 280,000 Poles and Ukrainians as government officials
or civil servants in the public services of the Government General,
including the postal and railway services. The proportion varied. The number
of German civil servants was very small. There were times when, in the whole
of the Government General, the area of which is 150,000 square
kilometers-that means half the size of Italy-there were not more than 40,000
German civil servants. That means to one German civil servant there were on
the average at least six non-German civil servants and employees.
March 8, 1940: From notes of a meeting of department heads of the
Government General:
One thing is certain. The authority of the Governor General as the
representative of the will of the Fuehrer and the will of the Reich in this
territory is certainly strong, and I have always emphasized that I would not
tolerate misuse of this authority. I have made this known anew at every
office in Berlin, especially after Herr Field Marshal Goering on 12-2-1940,
from Karin Hall, had forbidden all administrative of offices of the Reich,
including the Police and even the Wehrmacht, to interfere in administrative
matters of the Government General. There is no authority here in the
Government General which is higher as to rank, stronger in influence, and of
greater authority than that of the Governor General. Even the Wehrmacht has
no governmental or official functions here of any kind; it has only security
functions and general military duties - it has no political power
whatsoever. The same applies to the Police and the SS. There is here no
state within a state, but we are representatives of the Fuehrer and of the
Reich.
March 16, 1940: From the Frank Diary:
The Governor General remarks that he had long negotiations in Berlin the
representatives of the Reich Ministry for Finance and the Reich Ministry for
Food. Urgent demands have been made there that Polish farm workers should be
sent to the Reich in greater numbers. He has made the statement in Berlin
that he, if it is demanded from him, could of course exercise force in some
such manner: he could have the police surround a village and get the men and
women in question out by force, and then send them to Germany. But one can
also work differently, besides these police measures, by retaining the
unemployment compensation of these workers in question.
From Hans Frank’s IMT Testimony: Forced labor and compulsory labor
service were introduced by me in one of the first decrees; but it is quite
clear from all the decrees and their wording that I had in mind only a labor
service within the country for repairing the damage caused by the war, and
for carrying out work necessary for the country itself, as was of course
done by the labor service in the Reich.
April 12, 1940: From the Frank Diary:
Under pressure from the Reich, it had now been decreed that, since
sufficient labor did not present itself voluntarily for service in the
German Reich, compulsion could be used. This compulsion meant the
possibility of arresting male and female Poles. A certain amount of unrest
had been caused by this, which, according to some reports, had spread very
widely and which could lead to difficulties in all spheres. Field Marshal
Goering had once pointed out, in his big speech, the necessity for sending a
million workers to the Reich. One hundred and sixty thousand had been
delivered to date.... To arrest young Poles as they left church or the
cinema would lead to ever-increasing nervousness among the Poles.
Fundamentally Frank had no objections to removing people capable of work who
were lounging about in the streets. But the best way would be to organize a
round-up, and one was absolutely justified in stopping a Pole in the street
and asking him what work he did, where he was employed, et cetera.
April 15, 1941: (
Document R- 92, Exhibit USA 312) From a memo by Reich
Leader S.S., Commissioner for the Consolidation of German Nationhood:
"Instruction for internal use on the application of the law concerning
property of the Poles:
The conditions permitting seizure according to Section 2, Sub-section 2, are
always present if the property belongs to a Pole, for the Polish real estate
will be needed without exception for the consolidation of the German
nationhood.
May 10, 1940: From the Frank Diary:
Then the Governor General deals with the problem of the compulsory labor
service of the Poles. Upon the pressure from the Reich it has now been
decreed that compulsion may be exercised in view of the fact that sufficient
manpower was not voluntarily available for service inside the German Reich.
This compulsion means the possibility of arrest of male and female Poles.
Because of these measures a certain disquietude had developed which,
according to individual reports, was spreading very much and might produce
difficulties everywhere. General Field Marshal Goering some time ago pointed
out, in his long speech, the necessity to deport into the Reich a million
workers. The supply so far was 160,000.
However, great difficulties had to be overcome here. Therefore it would be
advisable to cooperate with the district and town chiefs in the execution of
the compulsion, so that one could be sure from the start that this action
would be reasonably expedient. The arrest of young Poles when leaving church
service or the cinema would bring about an ever increasing nervousness of
the Poles. Generally speaking, he had no objections at all to the rubbish,
capable of work yet often loitering about, being snatched from the streets.
The best method for this, however, would be the organization of a raid; and
it would be absolutely justifiable to stop a Pole in the street and to
question him as to what he was doing, where he was working.
May 30, 1940: From the Frank Diary, concerning the so-called "AB
Action: Extraordinary Pacification Action. "Any arbitrary actions must be
avoided; in all cases the safeguarding of the authority of the Fuehrer and
of the Reich has to be kept in the foreground—The action is timed for 15
June."
From Hans Frank’s IMT Testimony: I cannot say any more or any less
than what is contained in the diary. The situation was extremely tense.
Month after month attempted assassinations increased. The encouragement and
support given by the rest of the world to the resistance movement to
undermine all our efforts to pacify the country had succeeded to an alarming
degree, and this led to this general pacification action, not only in the
Government General, but also in other areas, and which I believe was ordered
by the Führer himself. My efforts were directed to limiting it as to extent
and method, and in this I was successful. Moreover I should like to point
out that I also made it clear that I intended to exercise the right of
reprieve in each individual case; for that purpose I wanted the police and
SS verdicts of death by shooting to be submitted to a reprieve committee
which I had formed in that connection. I believe that can be seen from the
diary also. Nevertheless, I would like to say that the method used at that
time was a tremendous mistake. When I received the first reports about it, I
complained in writing to Reich Minister Lammers about that peculiar
development of the law.
May 22, 1940: (
1352-PS, Exhibit USA 176) "Details of the Confiscation
in the Bielitz Region."
Some days ago the commandant of the concentration camp being built at
Auschwitz called on Staff Leader Muller and requested support for the
carrying out of his assignments. He said that it was absolutely necessary to
confiscate the agricultural enterprises within a certain area around the
concentration camp, since not only the fields but also the farmhouses of
these border directly on the camp. A local inspection held on the 21st of
this month revealed the following: there is no room for doubt that
agricultural enterprises bordering on the concentration camp must be
confiscated at once. In addition, the camp commandant requests that further
plots of farmland be placed at his disposal, so that he can keep the
prisoners busy. This too can be done without further delay since enough land
can be made available for the purpose. The owners of the plots are all
Poles.. . . .
I had the following discussion with the head of the labor office in Bielitz:
The lack of agricultural laborers still exists in the Old Reich. The
transfer of the previous owners of the confiscated enterprises, together
with their entire families, to the Reich, is possible without any further
consideration. It is only necessary for the labor office to receive the
lists of the persons in time in order to enable it to take the necessary
steps (collection of transportation, distribution over the various regions
in need of such labor). . . . .
The confiscation of these Polish enterprises in Alzen will also be carried
out within the next few days. The commandant of the concentration camp will
furnish S.S. men and a truck for the execution of the action. Should it not
yet be possible to take the Poles from Alzen to Auschwitz they should be
transferred to the empty castle at Zator. The liberated Polish property is
to be given to the needy racial German farmers for their use.
October 1941: 2,000 Soviet POW’s begin construction of the Majdanek
(KL Lublin) Concentration Camp on the outskirts of city of Lublin, Poland.
From Hans Frank’s IMT Testimony: I heard the name Majdanek for the
first time in 1944 from foreign reports. But for years there had been
contradictory rumors about the camp near Lublin, or in the Lublin District,
if I may express myself in such a general way. Governor Zoerner once told
me, I believe already in 1941, that the SS intended to build a large
concentration camp near Lublin and had applied for large quantities of
building materials, et cetera. At that time I instructed State Secretary
Buehler to investigate the matter immediately, and I was told, and I also
received a report in writing from Reichsführer SS Himmler, that he had to
build a large camp required by the Waffen-SS to manufacture clothes,
footwear, and underwear in large SS-owned workshops. This camp went under
the name of "SS Works," or something similar.
Now, I have to say I was in a position to get information, whereas the
witnesses who have testified so far have said under oath that in the circles
around the Fuehrer nothing was known about all these things. We out there
were more independent, and I heard quite a lot through enemy broadcasts and
enemy and neutral papers. In answer to my repeated questions as to what
happened to the Jews who were deported, I was always told they were to be
sent to the East, to be assembled, and put to work there. But, the stench
seemed to penetrate the walls, and therefore I persisted in my
investigations as to what was going on. Once a report came to me that there
was something going on near Belcec. I went to Belcec the next day.
Globocznik showed me an enormous ditch which he was having made as a
protective wall and on which many thousands of workers, apparently Jews,
were engaged. I spoke to some of them, asked them where they came from, how
long they had been there, and he told me, that is, Globocznik, "They are
working here now, and when they are through-they come from the Reich, or
somewhere from France-they will be sent further east." I did not make any
further inquiries in that same area.
The rumor, however, that the Jews were being killed in the manner which is
now known to the entire world would not be silenced. When I expressed the
wish to visit the SS workshop near Lublin, in order to get some idea of the
value of the work that was being done, I was told that special permission
from Heinrich Himmler was required.
I asked Heinrich Himmler for this special permission. He said that he would
urge me not to go to the camp. Again some time passed. On 7 February 1944 I
succeeded in being received by Adolf Hitler personally-I might add that
throughout the war he received me three times only. In the presence of
Bormann I put the question to him: "My Führer, rumors about the
extermination of the Jews will not be silenced. They are heard everywhere.
No one is allowed in anywhere. Once I paid a surprise visit to Auschwitz in
order to see the camp, but I was told that there was an epidemic in the camp
and my car was diverted before I got there. Tell me, My Fuehrer, is there
anything in it?" The Fuehrer said, "You can very well imagine that there are
executions going on-of insurgents. Apart from that I do not know anything.
Why don't you speak to Heinrich Himmler about it?" And I said. "Well,
Himmler made a speech to us in Krakow and declared in front of all the
people whom I had officially called to the meeting that these rumors about
the systematic extermination of the Jews were false; the Jews were merely
being brought to the East." Thereupon the Fuehrer said, "Then you must
believe that."
When in 1944 I got the first details from the foreign press about the things
which were going on, my first question was to the SS Obergruppenführer
Koppe, who had replaced Krueger. "Now we know," I said, "you cannot deny
that." And he said that nothing was known to him about these things, and
that apparently it was a matter directly between Heinrich Himmler and the
camp authorities. "But," I said, "already in 1941 I heard of such plans, and
I spoke about them." Then he said that was my business and he could not
worry about it.
The Majdanek Camp must have been run solely by the SS, in the way I have
mentioned, and apparently, in the same manner as stated by the witness
Hoess. That is the only explanation that I can give. . . . . Auschwitz was
not in the area of the Government General. I was never in Majdanek, nor in
Treblinka, nor in Auschwitz.
December 16, 1941: From closing address to a cabinet session by
Governor General Frank of occupied Poland:
As far as the Jews are concerned, I want to tell you quite frankly that they
must be done away with in one way or another. The Fuehrer said once: 'Should
united Jewry again succeed in provoking a world war, the blood of not only
the nations which have been forced into the war by them will be shed, but
the Jew will have found his end in Europe.' I know that many of the measures
carried out against the Jews in the Reich at present are being criticized.
It is being tried intentionally, as is obvious from the reports on the
morale, to talk about cruelty, harshness, etc. Before I continue, I would
beg you to agree with me on the following formula: We will principally have
pity on the German people only and nobody else in the whole world. The
others, too, had no pity on us. As an old National Socialist I must also
say: This war would be only a partial success if the whole lot of Jewry
would survive it, while we would have shed our best blood in order to save
Europe.
My attitude towards the Jews will therefore, be based only on the
expectation that they must disappear. They must be done away with. I have
entered negotiations to have them deported to the East. A large conference
concerning that question, to which I am going to delegate the State
Secretary Dr. Buehler, will take place in Berlin in January. That discussion
is to take place in the Reich Security Main Office with SS Lieutenant
General Heydrich. A great Jewish migration will begin, in any case. But what
should be done with the Jews? Do you think they will be settled down in the
'Ostland' in villages? This is what we were told in Berlin: Why all this
bother? We can do nothing with them either in the 'Ostland' or in the
'Reichskommissariat.' So liquidate them yourselves. Gentlemen, I must ask
you to arm yourselves against all feeling of pity. We must annihilate the
Jews, wherever we find them and wherever it is possible, in order to
maintain there the structure of the Reich as a whole. This will, naturally,
be achieved by other methods than those pointed out by Bureau Chief Dr.
Hummel. Nor can the judges of the Special Courts be made responsible for it
because of the limitations of the frame work of the legal procedure. Such
outdated views cannot be applied to such gigantic and unique events. We must
find at any rate a way which leads to the goal, and my thoughts are working
in that direction.
The Jews represent for us also extraordinarily malignant gluttons. We have
now approximately, 2,500,000 of them in the Government General, perhaps with
the Jewish mixtures and everything that goes with it, 3,500,000 Jews. We
cannot shoot or poison those 3,500,000 Jews; but we shall nevertheless be
able to take measures which will lead, somehow, to their annihilation, and
this in connection with the gigantic measures to be determined in
discussions with the Reich. The Government General must become free of Jews,
the same as the Reich. Where and how this is to be achieved is a matter for
the offices which we must appoint and create here. Their activities will be
brought to your attention in due course.
February 16, 1942: From Himmler’s "Polonised Germans" directive:
II. The re-Germanisation of the Polonised Germans presupposes their
complete separation from Polish surroundings. For that reason the persons
entered in Division 4 of the German Ethnical List are to be dealt with in
the following manner:
A. They are to be resettled in Old Reich territory. 1. The Superior
S.S. and Police Leaders are charged with evacuating and resettling them
according to instructions which will follow later.
2. Asocial persons and others who are of inferior hereditary quality
will not be included in the resettlement. Their names will be turned over at
once by the Higher S.S. and Police Führer (Inspectors of Security Police and
Security Service) to the competent State Police (Superior) Office. The
latter will arrange for their transfer to a concentration camp.
3. Persons with a particularly bad political record will not be
included in resettlement action. Their names will also be given by the
Higher S.S. and Police Fuehrer (Inspectors of Security Police and Security
Service) to the competent State Police (Superior) Office for transfer to a
concentration camp.
The wives and children of such persons are to be resettled in old Reich
territory and to be included in the Germanisation measures. Where the wife
also has a particularly bad political record and cannot be included in the
resettlement action, her name, too, is to be turned over to the competent
State Police (Superior) Office with a view to imprisoning her in a
concentration camp. In such cases the children are to be separated from
their parents and dealt with according to III, Paragraph 2 of this decree.
Persons are to be considered as having a particularly bad political record
who have offended the German nation to a very great degree - e.g., who
participated in persecutions of Germans or boycotts of Germans,
etc."
March 5, 1942:
From The Third Reich: A New History by Michael Burleigh: Frank was
summoned to Lammers' train to meet his accusers. Himmler acted as
prosecutor, censoriously enumerating the ten fur coats Frau Frank had
acquired at bargain-basement prices; the gold bracelets, pens and rings the
Franks had purloined from Jews; and the convoys of food - two hundred
thousand eggs, 150 pounds of beef, twenty geese, 25 pounds of salami and
dried fruit - and the sheets, angels and icons which Frank had shipped to
his estate as Shobernhof. For high and low, the Nazis practiced the
injunction enrichissez-vous ("enrich yourselves"). Corruption charges
were compounded by Frank's belated public subscription to the rule of law in
a series of lectures at German universities. His local difficulties with the
SS in Poland led him to say: 'I shall continue to assert, with all the force
at my command, that it would be bad if the Police State were to be presented
as the ideal of National Socialism. Nowadays many people say that humanity
is an out-of-date notion, something incompatible with the severity of the
period. That is not my opinion.'
March 18, 1942: From a conference of district political leaders at
Krakow:
Frank: Incidentally, the struggle for the achievement of our aims will be
pursued cold-bloodedly. You see how the state agencies work. You see that we
do not hesitate at anything, and stand dozens of people up against the wall.
This is necessary because a simple reflection tells me that it cannot be our
task at this period, when the best German blood is being sacrificed, to show
regard for the blood of another race; for out of this, one of the greatest
dangers may arise. One already hears today in Germany that prisoners of war,
for instance, in Bavaria or Thuringia, are administering large estates
entirely independently, while all the men in a village fit for service are
at the front. If this state of affairs continues, then a gradual
retrogression of Germanism will result. One should not underestimate this
danger. Therefore, everything revealing itself as a Polish power of
leadership must be destroyed again and again with ruthless energy. This does
not have to be shouted abroad; it will happen silently.
March 30, 1942: (
Document 910-PS, Exhibit USA 310) Department of the
Interior, Cracow:
The Reichsführer SS (Himmler) developed additional trains of ideas to the
effect that in the first Five Year Plan for resettlement after the war the
new German Eastern territories should first be filled; afterwards it is
intended to provide the Crimea and the Baltic countries with a German
upper-class at least. Into the Government General perhaps further German
Island Settlements should be newly transplanted from European nations, an
exact decision in this respect, however, has not been issued. In any case,
it is wished that at first a heavy colonization along the San and the Bug be
achieved so that these parts of Poland are encircled with alien population.
Hitherto, it has been always proved that this kind of resettlement leads
most quickly to the desired nationalization.
April 20, 1942: Hans Frank invites Archbishop Sapieha to a birthday
party for Adolf Hitler.
From Hans Frank’s IMT Testimony: I was in constant personal
contact with the Archbishop, now Cardinal, Sapieha in Krakow. He told me of
all his sufferings and worries, and they were not few. I myself had to
rescue the Bishop of Lublin from the hands of Herr (SS Gruppenführer)
Globocznik in order to save his life. . . . .
I may summarize the situation by quoting the letter which Archbishop Sapieha
sent to me in 1942, in which, to use his own words, he thanked me for my
tireless efforts to protect the life of the church. We reconstructed
seminaries for priests; and we investigated every case of arrest of a
priest, as far as that was humanly possible. The tragic incident when two
assistants of the Archbishop Sapieha were shot, which has been mentioned
here by the Prosecution, stirred my own emotions very deeply. I cannot say
any more. The churches were open; the seminaries were educating priests; the
priests were in no way prevented from carrying out their functions. The
monastery at Czestochowa was under my personal protection. The Krakow
monastery of the Camaldulians, which is a religious order, was also under my
personal protection. There were large posters around the monastery
indicating that these monasteries were protected by me personally.
May 7, 1942: By a decree of the Fuehrer, a State Secretariat for
Security in the Government General is created.
From Hans Frank’s IMT Testimony: The establishment of this State
Secretariat was one of the many attempts to solve the problem of the police
in the Government General. I was very happy about it at the time, because I
thought now we had found the way to solve the problem. I am certain it would
have worked if Himmler and Krueger had adhered to the principle of this
decree, which was co-operation and not working against each other. But
before long it transpired that this renewed attempt, too, was merely
camouflage; and the old conditions continued.
Wherever the SS is discussed here, the SS and the police are considered as
forming one body. It would not be right of me if I did not correct that
wrong conception. I have known during the course of these years so many
honest, clean, and upright soldiers among the SS, and especially among the
Waffen-SS and the police, that when judging here the problem of the SS in
regard to the criminal nature of their activities, one can draw the same
clear distinction as in the case of any of the other social groups. The SS,
as such, behaved no more criminally than any other social groups would
behave when taking part in political events. The dreadful thing was that the
responsible chief, and a number of other SS men who unfortunately had been
given considerable powers, were able to abuse the loyal attitude which is so
typical of the German soldier.
On the strength of this new decree I repeatedly gave orders. These orders
were supposedly communicated to Heinrich Himmler; and as his agreement was
necessary, these orders were never carried out. . . . .
The police were not subordinate to me, even by reason of that decree-only
the State Secretary for Security. It does not say here that the police are
subordinate to the Governor General, only the State Secretary for Security
is subordinate to him. If you read Paragraph 4, then you come to the
difficulties again. Adolf Hitler's decree was drawn up in my absence, of
course. I was not consulted by Hitler, otherwise I would have protested, but
in any case it was found impracticable. Paragraph 4 says that the
Reichsführer SS and Chief of the German Police gave direct instructions to
the State Secretary for Security in the field of security and for the
preservation of German nationality. If you compare the original agreement
with this, as contained in the diary, you will find that in one of the most
important fields the Fuehrer had changed his mind, that is, concerning the
Commissioner for the Preservation of German Nationality. This title embraces
the Jewish question and the question of colonization.
June/July 1942: (
Document 2915-PS, Exhibit USA 306) Himmler, in Deutsche
Arbeit: “It is not our task to Germanize the East in the old sense, that is,
to teach the people there the German language and German law, but to see to
it that only people of purely German, Germanic blood live in the East.”
From Hans Frank’s IMT Testimony: The Government General presented
the same picture as every occupied country We do not have to look far from
this court room to see what cultural life is like in an occupied country.
We had broadcasting in the Polish language under German supervision. We had
a Polish press which was supervised by Germans, and we had a Polish school
system, that is, elementary schools and high schools, in which at the end,
80,000 teachers taught in the service of the Government General. As far as
it was possible Polish theaters were reopened in the large cities, and where
German theaters were established we made sure that there was also a Polish
theater at the same time. After the proclamation of the so-called total war
in August 1944, the absurd situation arose in which the German theater in
Krak6w was closed, because all German theaters were closed at that time,
whereas the Polish theaters remained open. I myself selected composers and
virtuosos from a group of the most well known musicians of Poland I found
there in 1939 and founded the Philharmonic Orchestra of the Government
General. This was in being until the end, and played an important part in
the cultural life of Poland. I established a Chopin Museum in Krakow, and
from all over Europe I collected relics of Chopin. I believe that is
sufficient on this point. Culture cannot be exterminated. Any measures taken
with that intention would be sheer nonsense.
August 4, 1942: From the Frank Diary:
State Secretary Kruger then continues, saying that the Reichsführer's next
immediate plan until the end of the following year would be to settle the
following German racial groups in the two districts (Zamoscand Lublin)—1,000
peasant homes (1 homestead per family of about 6) for Bosnian Germans;—1,200
other kinds of homes;—1,000 homesteads for Bessarabian Germans;—200 for
Serbian Germans;—2,000 for Leningrad Germans;—4,000 for Baltic Germans;—500
for Wolhynia Germans; and—200 homes for Flemish, Danish, and Dutch Germans;
in all 10,000 homes for 50,000 to 60,000 persons...
Governor General Frank declares that "the resettlement plan is to be
discussed cooperatively by the competent authorities and he declares his
willingness to approve the final plan by the end of September after
satisfactory arrangements had been made concerning all the questions
appertaining thereto—in particular the guaranteeing of peace and order—so
that by the middle of November, as the most favorable time, the resettlement
can begin.
August 18, 1942: From the Frank Diary:
Anyone who passes through Krakow, Lvov, Warsaw, Radom, or Lublin today must
in all fairness admit that the efforts of the German administration have
been crowned with real success, as one now sees hardly any Jews.
August 24, 1942: From a cabinet meeting of the Government General,
Hans Frank:
Before the German people suffer starvation, the occupied territories and
their people shall be exposed to starvation. In this moment, therefore, we
here in the Government General must have the iron determination to help the
great German people, that is our fatherland. The Government General,
therefore, must do the following: The Government General has undertaken to
send 500,000 tons of bread grain to the fatherland in addition to the
foodstuffs already being delivered for the relief of Germany or consumed
here by troops of the Armed Forces, Police, or SS. If you compare this with
our contributions of last year you can see that this means a six-fold
increase over that of last year's contribution by the Government General.
The new demand will be fulfilled exclusively at the expense of the foreign
population. It must be done cold-bloodedly and without pity…
With all the difficulties which arise from the illness of workers, or the
breaking down of your co-operatives, you must always bear in mind that it is
much better if a Pole collapses than if the Germans are defeated. The fact
that we shall be condemning 1,200,000 Jews to death by starvation should be
mentioned incidentally. Of course, if the Jews do not die from starvation,
it is to be hoped that anti-Jewish measures will be expedited in the
future.
August 28, 1942: From the Frank Diary:
I have since 1920 continually dedicated my work to the NSDAP. As a National
Socialist I was a participant in the events of November 1923, for which I
received the Order of the Blood. After the resurrection of the movement in
the year 1925, my really greater activity in the movement began, which made
me, first gradually, later almost exclusively, the legal adviser of the
Fuehrer and of the Reich Party Directorate of the NSDAP. I was thus the
representative of the legal interests of the growing Third Reich in a
legal-ideological as well as in a practical way. The culmination of this
work I see in the Leipzig army trial, in which I succeeded in having the
Fuehrer admitted to the famous oath of legality, a circumstance which gave
the Movement legal grounds to expand on a large scale.
The Fuehrer, indeed, recognized this achievement and in 1926 made me leader
of the National Socialist Lawyers' League; in 1929, Reichsleiter of the
Reich Legal Office of the NSDAP; in March 1933, Bavarian Minister of
Justice; in the same year, Reich Commissioner for Justice; in 1934,
President of the Academy of German Law, founded by me; and in December 1934,
Reich Minister without Portfolio. And in 1939, I was finally appointed
Governor General for the occupied Polish territories. So I was, am, and will
remain the representative jurist of the struggle period of National
Socialism...I profess myself now and always, as a National Socialist and a
faithful follower of the Fuehrer, Adolf Hitler, whom I have now served since
1919.
December 14, 1942: From a statement by Frank made to the political
leaders of the NSDAP at Krakow:
I will endeavor to get out of the reservoir of this territory everything
that is yet to be had out of it. When you consider that it was possible for
me to deliver to the Reich 600,000 tons of bread grain and in addition
180,000 tons to the Armed Forces stationed here; further, an abundance
amounting to many thousands of tons of other commodities, such as seed,
fats, vegetables, besides the delivery to the Reich of 300 million eggs,
etcetera, you can estimate how important the work in this territory is for
the Reich. In order to make clear to you the significance of the consignment
from the Government General of 600,000 tons of bread grain, you are referred
to the fact that the Government General, by this achievement alone, covers
the raising of the bread ration in the Greater German Reich by two-thirds
for the present rationing period. This enormous achievement can rightfully
be claimed by us…You know that we have delivered more than 940,000 Polish
workers to the Reich. The Government General thereby stands absolutely and
relatively at the head of all European countries. This achievement is
enormous and has also been recognized as such by Gauleiter
Sauckel.
From Hans Frank’s IMT Testimony: First, I would like to emphasize
that the Government General had to start with a balance sheet which revealed
a frightful economic situation. The country had approximately twelve million
inhabitants. The area of the Government General was the least fertile part
of the former Poland. Moreover, the boundary between the Soviet Union, as
well as the boundary between the German Reich, had been drawn in such a way
that the most essential elements, indispensable for economy, were left
outside. The frontiers between the Soviet Union and the German Reich were
immediately closed; and so, right from the start, we had to make something
out of nothing.
Galicia, the most important area in the Republic of Poland from the
viewpoint of food supplies, was given to the Soviet Union. The province of
Posen belonged to the German Reich. The coal and industrial areas of Upper
Silesia were within the German Reich. The frontier with Germany was drawn in
such a way that the iron works in Czestochowa remained with the Government
General, whereas the iron-ore basins which were 10 kilometers from
Czestochowa were incorporated into the German Reich.
The town of Lodz, the textile center of Poland, came within the German
Reich. The city of Warsaw with a population of several millions became a
frontier town because the German border came as close as 15 kilometers to
Warsaw, and the result was that the entire agricultural hinterland was no
longer at the disposal of that city. A great many facts could be mentioned,
but that would probably take us too far. The first thing we had to do was to
set things going again somehow. During the first weeks the population of
Warsaw could only be fed with the aid of German equipment for mass feeding.
The German Reich at that time sent 600,000 tons of grain, as a loan of
course, and that created a heavy debt for me.
I started the financial economy with 20 million zlotys which had been
advanced to me by the Reich. We started zenith a completely impoverished
economy due to the devastation caused by the war, and by the first of
January 1944 the savings bank accounts of the native population had reached
the amount of 11,500 million zlotys, and we had succeeded by then in
improving the feeding of the population to a certain extent. Furthermore, at
that time the factories and industrial centers had been reconstructed, to
which reconstruction the Reich authorities had made outstanding
contributions; Reich Marshal Goering and Minister Speer especially deserve
great credit for the help given in reviving the industry of the country.
More than two million fully paid workers were employed; the harvest had
increased to 1.6 million tons in a year; the yearly budget had increased
from 20 million zlotys in the year 1939 to 1,700 million zlotys. All this is
only a sketch which I submit here to describe the general development.
January 25, 1943: From notes of a meeting at Warsaw between Frank and
Kruger: "
Kruger: We are removing those who constitute a burden in this new
colonization territory. Actually, they are the asocial and inferior
elements. They are being deported; first brought to a concentration camp and
then sent as labor to the Reich. From a Polish propaganda standpoint, this
entire first action has an unfavorable effect. For the Poles say: 'After the
Jews have been destroyed, then they will employ the same methods to get the
Poles out of this territory and liquidate them just like the Jews.
January 25, 1943: From an address by Frank at labor conference
meetings in the Government General:
We must remember that we who are gathered together here figure on Mr.
Roosevelt's list of war criminals. I have the honor of being Number One. We
have, so to speak, become accomplices in the world historic sense.
April 19 – May 16, 1943: The Warsaw Ghetto Uprising occurs.
From Hans Frank’s IMT Testimony: I was surprised when the American
Chief Prosecutor said in his opening speech, while submitting a document
here with pictures about the destruction of the Warsaw Ghetto, that that
report had been made to me. But that has been clarified in the meantime. The
report was never made for me, and was never sent to me in that form. And,
thank Heaven, during the last few days it has been made clear by several
witnesses and affidavits that this destruction of the Warsaw Ghetto was
carried out upon direct orders of Himmler, and over the head of all
competent authorities of the Government General. When in our meetings
anybody spoke about this Ghetto, it was always said that there had been a
revolt in the Warsaw Ghetto which we had had to quell with artillery;
reports that were made on it never seemed to me to be authentic.
May 31, 1943: By this date, the staggering total of 693,252
Polish-owned estates, comprising 6,097,525 hectares, had been seized, and
9,508 estates, comprising 270,446 hectares, had been confiscated by the
Estate Offices Danzig, West Prussia, Poznan, Zichenau, and Silesia.
June 19, 1943: From a report by Frank to Hitler:
In the course of time, a series of measures, or of consequences of the
German rule, have led to a substantial deterioration of the attitude of the
entire Polish people to the Government General. These measures have affected
either individual professions or the entire population and frequently
also—often with crushing severity—the fate of individuals. Among these are
in particular:
1. The entirely insufficient nourishment of the population, mainly of
the working classes in the cities, the majority of which are working for
German interests. Until the war of 1939 their food supplies, though not
varied, were sufficient and were generally assured owing to the agrarian
surplus of the former Polish State and in spite of the negligence on the
part of their former political leadership.
2. The confiscation of a great part of the Polish estates,
expropriation without compensation, and evacuation of Polish peasants from
maneuver areas and from German settlements.
3. Encroachments and confiscation's in the industries, in commerce
and trade, and in the field of other private property.
4. Mass arrests and shootings by the German Police who applied the
system of collective responsibility.
5. Extreme rigorous methods of recruiting workers.
6. The extensive paralyzing of cultural life.
7. The closing of high schools, colleges, and universities.
8. The limitation, indeed the complete elimination, of Polish
influence from all spheres of State administration.
9. Curtailment of the influence of the Catholic Church, limiting its
extensive influence-an undoubtedly necessary move - and, in addition, until
quite recently, often at the shortest notice, the closing and confiscation
of monasteries, schools, and charitable institutions.
From Hans Frank’s IMT Testimony: With reference to Majdanek we
were talking about the extermination of Jews. The extermination of Jews in
Majdanek became known to me during the summer of 1944. Up to now the word
"Majdanek" has always been mentioned in connection with extermination of
Jews.
From Kaputt by Curzio Malaparte: Before me sat Frank, on his high
stiff-backed chair in the old Polish royal palace of the Wawel in Cracow, as
if he were sitting on the throne of the Jagiellons and Sobieskis. He
appeared to be fully persuaded that the great Polish traditions of royalty
and chivalry were being revived in him. There was a light of innocent pride
on his face, with its pale, swollen cheeks and the hooked nose suggesting a
will both vainglorious and uncertain. His black glossy hair was brushed back
revealing a high ivory-white forehead. There was something at once childish
and senile in him: in his full pouting lips of an angry child, in his
prominent eyes with their thick, heavy eyelids that seemed to be too large
for his eyes, and in his habit of keeping his eyelid lowered - thus cutting
two deep, straight furrows across his temples. A slight film of sweat
covered his face, and by the light of the large Dutch lamps and the silver
candlesticks that ranged along the table and were reflected in the Bohemian
glass and Saxon china, his face shone as if it were wrapped in a cellophane
mask. 'My one ambition,' said Frank thrusting himself back against his chair
by propping his hands against the edge of the table, 'is to elevate the
Polish people to the honor of civilization.'
August 1, 1944: As the Soviet Army approaches Warsaw, the citizens
rise in revolt.
From Hans Frank’s IMT Testimony: That revolt broke out when the
Soviet Russian Army had advanced to within about 30 kilometers of Warsaw on
the eastern bank of the Vistula. It was a sort of combined operation; and,
as it seems to me, also a national Polish action, as the Poles at the last
moment wanted to carry out the liberation of their capital themselves and
did not want to owe it to the Soviet Russians. They probably were thinking
of how, in Paris, at the last moment the resistance movement, even before
the Allies had approached, had accomplished the liberation of the city.
The operation was a strictly military one. As Senior Commander of the German
troops used to quell the revolt, I believe, they appointed SS General Von
dem Bach-Zelewski. The civil administration, therefore, did not have any
part in the fighting. The part played by the civil administration began only
after the capitulation of General Bor, when the most atrocious orders for
vengeance came from the Reich.
A letter came to my desk one day in which Hitler demanded the deportation of
the entire population of Warsaw into German concentration camps. It took a
struggle of 3 weeks, from which I emerged victorious, to avert that act of
insanity and to succeed in having the fleeing population of Warsaw, which
had had no part in the revolt, distributed throughout the Government
General.
During that revolt. unfortunately, the city of Warsaw was very seriously
damaged. All that had taken years to rebuild was burned down in a few weeks.
October 14, 1943: (
L-70, Exhibit USA 308) From a speech by Hitler:
I consider that in dealing with members of a foreign country, especially of
some Slav nationality, we must not start from German points of view, we must
not endow these people with decent German thoughts and logical conclusions
of which they are not capable, but we must take them as they really are.
Obviously in such a mixture of peoples there will always be some racially
good types. Therefore I think that it is our duty to take their children
with us, to remove them from their environment, if necessary, by abducting
them. Either we win over any good blood that we can use for ourselves and
give it a place in our people, or we destroy that blood. . . . .
For us the end of this war will mean an open road to the East, the creation
of the Germanic Reich in this way or that . . . the bringing home of
30,000,000 human beings of our blood, so that during our lifetime we shall
be a people of 120,000,000 Germanic souls. That means that we shall be the
sole decisive power in Europe. That means that we shall then be able to
tackle the peace, during which we shall be willing for the first 2o years to
rebuild and spread out our villages and towns, and that we shall push the
borders of our German race 500 kilometers further to the East.
January 12, 1944: From a speech by Frank before German political
leaders at Krakow:
Once the war is won, then, for all I care, mincemeat can be made of the
Poles and the Ukrainians and all the others who run around here; it doesn't
matter what happens.
June 28, 1944: (
Exhibit Number USA-506) The Higher SS and Police Leader
East issues the following order: "The security situation in the Government
General has deteriorated so much during the recent months that the most
radical means and the most severe measures must now be employed against
these alien assassins and saboteurs. The Reichsführer SS in agreement with
the Governor General, has given order that in every case of assassination or
attempted assassination of Germans, not only the perpetrators shall be shot
when caught, but that in addition, all their male relatives shall also be
executed, and their female relatives above the age of sixteen put into a
concentration camp."
From Hans Frank’s IMT Testimony: As I have said that I was never
called upon by the Reichsführer SS Himmler to give my approval to such
orders, your question has already been answered. In this case, I was not
called upon either. The reason why this was not done was always the same. I
was told that as Poles were living not only in the Government General but
also in those territories which had been incorporated into the Reich, the
fight against the Polish resistance movement had to be carried on by unified
control from a central office, and this central office was Heinrich Himmler.
October 22, 1944: Churchill to FDR:
Major War Criminals. UJ (Churchill and FDR refer to Josef Stalin as Uncle
Joe, or UJ, in their correspondence) took an unexpectedly ultra-respectable
line. There must be no executions without trial otherwise the world would
say we were afraid to try them. I pointed out the difficulties in
international law but he replied if there were no trials there must be no
death sentences, but only life-long confinements.
October 22, 1944: FDR to Churchill:
Your statement of the present attitude of Uncle J. towards war criminals,
the future of Germany, and the Montreux Convention is most interesting. We
should discuss these matters, together with our Pacific war effort, at the
forthcoming three-party meeting.
April 13, 1945: Former US Attorney General and now Associate Justice
of the US Supreme Court, Justice Robert Jackson, speaks before the American
Society of International Law:
We have been a freedom-loving people. Our Constitution and our philosophy of
law have been characterized by a regard for the broadest possible liberty of
the individual. But the dullest mind must now see that our national society
cannot be so self-sufficient and so isolated that freedom, security, and
opportunity of our own citizens can be assured by good
domestic laws alone.
April 30, 1945: Adolf Hitler commits suicide in his Berlin bunker.
May 2, 1945: Executive Order of US President Truman:
Associate Justice Robert H. Jackson is hereby designated to act as the
Representative of the United States and as its Chief of Counsel in preparing
and prosecuting charges of atrocities and war crimes against such of the
leaders of the European Axis powers and their principal agents and
accessories as the United States may agree with any of the United Nations to
bring to trial before an international tribunal.
May 4, 1945: Frank is captured by American troops at Tegernsee near
Berchtesgaden. Upon his capture, and after a severe beating from two
American soldiers, he tries to cut his own throat. Two days later, he will
lacerate his left arm in a second unsuccessful suicide attempt. Note: Only
Streicher, of all the other defendants, will be similarly mistreated in
captivity.
From Hans Frank’s IMT Testimony: I bear the responsibility (for
the events of Poland after 1939); and when, on 30 April 1945, Adolf Hitler
ended his life, I resolved to reveal that responsibility of mine to the
world as clearly as possible. I did not destroy the 43 volumes of my diary,
which report on all these events and the share I had in them; but of my own
accord I handed them voluntarily to the officers of the American Army who
arrested me. I ask the Tribunal to decide upon the degree of my guilt at the
end of my case. I myself, speaking from the very depths of my feelings and
having lived through the 5 months of this trial, want to say that now after
I have gained a full insight into all the horrible atrocities which have
been committed, I am possessed by a deep sense of guilt.
May 18, 1945: The complete forty-three volume set of the Frank Diary
is found in Bavaria, at Neuhaus, near Schliersee, by the 7th American Army;
it is right where Frank told them it would be. It is taken to the 7th Army
document center at Heidelberg.
From Hans Frank’s IMT Testimony: One has to take the diary as a
whole. You can not go through 43 volumes and pick out single sentences and
separate them from their context. I would like to say here that I do not
want to argue or quibble about individual phrases. It was a wild and stormy
period filled with terrible passions, and when a whole country is on fire
and a life and death struggle is going on, such words may easily be used.
From The Devil's Disciples by Anthony Read: (The second defendant
to arrive at the Palace Hotel at Mondorf was) Hans Frank, who arrived in a
US army ambulance, 'a pitiful wreck of a man' still in a serious condition
after slashing his wrists and throat in a suicide attempt. Now forty-five
years old, with thinning dark hair...he had been responsible for
transforming Germany's legal system to serve National Socialism. In spite of
his culpability for countless cases of perverted justice, he might still
have escaped as a major war criminal had he not been appointed Governor
General of Poland in October 1939. Hitler's orders to Frank when he
appointed him as his viceroy were unequivocal: he was 'to assume the
administration of the conquered territories with the special order
ruthlessly to to exploit this region as a war zone and booty country, to
reduce it, as it were, to a heap of rubble in its economic, social, cultural
and political structure. Ruling like some oriental despot from the splendor
of Cracow Castle, Frank more than fulfilled his brief, turning his fiefdom
into the bloodiest of all occupied territories, with the possible exception
of the western Soviet Union under Alfred Rosenberg's tender care. Basically
insecure, and with his authority threatened by a constant power struggle
with the SS, Frank compensated for his weakness with exaggerated brutality.
He supervised the slaughter of the Polish intelligentsia, shipped hundreds
of slave laborers to the Reich, and provided the sites for several of the
most notorious death camps, including Auschwitz, Treblinka and Sobibor,
proclaiming his mission was 'to rid Poland of lice and Jews.'
July 16, 1945: Since May, the Allies have been collecting Nazis and
tossing the high-ranking ones into a former hotel in Mondorf, Luxemburg,
affectionately referred to as 'Ashcan.' On this day, Ashcan's commander,
Colonel Burton C. Andrus, takes representatives of the world's Press on a
tour of the facility to squash rumors that the prisoners are living the
high-life. "We stand for no mollycoddling here," Andrus proclaims. "We have
certain rules and the rules are obeyed.. ..they roll their own cigarettes."
(Tusa)
July 19, 1945: International Conference on Military Trials: From the
minutes of this days Conference Session:
Niktchenko: By our formula we should not give those who committed criminal
acts the possibility of considering themselves political criminals. If we
were to try to set forth in detail the various crimes committed by the
Nazis, we might very well make a mistake. It is quite impossible to give an
exhaustive list of the crimes. If, on the other hand, we should confine
ourselves to a few matters, that too would not be right. Therefore we should
work out a formula which would make it possible to bring to trial and punish
those who have committed all
the various
atrocities.
August 2, 1945: International Conference on Military Trials: During
this days Four Power conference session:
Lord Chancellor: I feel myself that speed in getting these trials going is
very important and I rather feel this, that, if there is unreasonable
delay—I hope and believe there won't be—but if there is delay, then, of
course, the various powers might have to resort to their rights under
article 6-that is, they might have to conduct their own trials. But I hope
and believe that there will
be no
delay.
August 12, 1945: Colonel Andrus and his 15 Ashcan prisoners are
loaded onto a US C-47 transport plane bound for Nuremberg. As they fly above
Germany, Goering continually points out various geographical features below,
such as the Rhine, telling Ribbentrop to take one last look as he is
unlikely to ever get the opportunity again. Streicher becomes air-sick.
(Tusa)
August 25, 1945: International Conference on Military Trials:
Representatives of the Big Four (Jackson, Fyfe, Gros, and Niktchenko), agree
on a list of 22 defendants, 21 of which are in custody. The 22nd, Martin
Bormann, is presumed to be in Soviet custody, but Niktchenko cannot confirm
it. The list is scheduled to be released to the press on August 28.
(Conot)
August 28, 1945: International Conference on Military Trials: Just in
time to delay the release of the names of the final 22, Niktchenko informs
the other three Allied representatives that, unfortunately, Bormann is not
in Soviet custody. However, he announces that the valiant Red Army has
captured two vile Nazis, Erich Raeder, and Hans Fritsche, and offers them up
for trial. Though neither man was on anyone's list of possible major
defendants, it emerges that their inclusion has become a matter of Soviet
pride; Raeder and Fritsche being the only two ranking Nazis unlucky enough
to have been caught in the grasp of the advancing Russian bear.
(Conot)
August 29, 1945: International Conference on Military Trials: With the
additions of Raeder and Fritsche, the final list of 24 defendants is
released to the press. Bormann, though not in custody (or even alive), is
still listed. (Conot, Taylor)
August 29, 1945: The
Manchester Guardian reacts to the release
of the list of defendants:
Grave precedents are being set. For the first time the leaders of a state
are being tried for starting a war and breaking treaties. We may expect
after this that at the end of any future war the victors—whether they have
justice on their side or not, as this time we firmly believe we have —will
try the vanquished.
August 30, 1945: The
Glasgow Herald reacts to the release of
the list of defendants:
Scanning this list, one cannot but be struck by the completeness of the Nazi
catastrophe. Of all these men, who but a year ago enjoyed wide influence or
supreme power, not one could find a refuge in a continent united in hate
against them.
September 4, 1945: From the letters of Thomas Dodd:
In the afternoon I talked with Helen Krassezyk, formerly secretary to Hans
Frank, the governor general of Poland - 'the bloody butcher.' She painted
Frank as a man who was forced to put these vicious measures into effect, and
forced to take all the steps he did take in Poland by Himmler and Hitler.
She insists he wanted to resign and Hitler refused to permit it. Well - the
same old song. It would be relieving to hear one of them admit some blame
for something. They blame everything on the dead and missing. I sometimes
believe they do not include Hitler only because they are not certain he is
dead."
September 17, 1945: From the letters of Thomas Dodd:
Yesterday, Jackson told the press that the US would be ready to start the
trial on November 1. By the way, the Russian representative (Niktchenko) had
been suddenly withdrawn. No explanations - mere notice that he will no
longer represent Russia in this matter. After weeks of negotiating, weeks of
work with him as chief counsel for Russia, he simply goes home and does not
come back. These Russians are impossible. What effect this will have on the
trial or the trial; date no one knows, but you can imagine the confusion
that may arise out of it.
September 20, 1945: The complete set of the Frank Diary is sent to
the Office of US Chief of Counsel at Nuremberg; 11,367 typed pages.
October 5, 1945: Andrus loses his first German prisoner to suicide;
Dr Leonard Conti, Hitler's 'Head of National Hygiene.'
October 6, 1945: To the Clerk or Recording Officer, International
Military Tribunal:
The representative of the United States has found it necessary to make
certain reservations as to the possible bearing of certain language in the
Indictment upon political questions which are considered to be irrelevant to
the proceedings before this Tribunal. However, it is considered appropriate
to disclose such reservations that they may not be unknown to the Tribunal
in the event they should at any time be considered relevant. For that
purpose, the foregoing copy is filed. Dear Sirs: In the Indictment of German
War Criminals signed today, reference is made to Estonia, Latvia, Lithuania,
and certain other territories as being within the area of the USSR. This
language is proposed by Russia and is accepted to avoid the delay which
would be occasioned by insistence on an alteration in the text. The
Indictment is signed subject to this reservation and understanding: I have
no authority either to admit or to challenge on behalf of the United States
of America, Soviet claims to sovereignty over such territories. Nothing,
therefore, in this Indictment is to be construed as a recognition by the
United States of such sovereignty or as indicating any attitude, either on
the part of the United States or on the part of the undersigned. toward any
claim to recognition of such sovereignty. Respectfully submitted, Robert H.
Jackson, Chief of Counsel for the United States.
October 8, 1945: Frank spots his diaries stacked on a table when
reports to interrogation, and remarks to his interrogator: "Here you have
the story of my life for five years. You are in the fortunate position of
knowing everything about me in writing and printing." (Conot)
October 19, 1945: British Major Airey Neave presents each defendant
in turn with a copy of the indictment. Gilbert, the Nuremberg psychologist,
asks the accused to write a few words on the documents margin indicating
their attitude toward the development. Frank: "I am awaiting the trial as
the world's judgment, ordained by God, to examine the terrible time of
suffering under Adolf Hitler, and bring it to an end." He then burst into
tears. (Heydecker)
October 25, 1945: Andrus loses yet another Nazi as Defendant
Dr. Robert Ley,
Hitler's head of the German Labor Front (
Deutsche Arbeitsfront, DAF),
commits suicide in his Nuremberg cell. Scorecard: There are now officially
23 indicted defendants; 22 of these are actually alive and in Allied
custody.
October 29, 1945: Only seven of the defendants have obtained counsel
by this date. Frank, a lawyer and former high-ranking jurist, is consulted
by more than a few defendants concerning counsel. Frank, Frick, Schirach and
Sauckel unsuccessfully apply for the services of a Munich lawyer named
Scanzoni. Frank will ultimately be represented by a much younger Munich
lawyer, Dr Alfred Seidl. Seidl, a member of the Nazi Party, will soon defend
Hess as well. Note: Eighteen of the forty-eight German lawyers who
eventually participate in the trial will have Nazi backgrounds. (Conot,
Maser)
October 31, 1945: During this days preliminary session, the Tribunal
rules that the defendants not be allowed to converse with each other prior
to the trial. Rosenberg requests that he be defended by fellow defendant
Hans Frank. The Tribunal discusses the notion: de Vabres: “If we admit that
Frank can be Rosenberg's lawyer, the result is that he can have
conversations with him." Birkett: "And we should also have to pay him 4,000
marks." The Tribunal rules against the idea. (Conot)
1945: Prior to the trial, the defendants are given an IQ test.
Administered by Dr. Gilbert, the Nuremberg Prison psychologist, and Dr.
Kelly, the psychiatrist, the test includes ink blots and the
Wechsler-Bellevue test. Frank scores 130. Note: After the testing, Gilbert
comes to the conclusion that all the defendants are 'intelligent enough to
have known better.' Andrus is not impressed by the results: "From what I've
seen of them as intellects and characters I wouldn't let one of these
supermen be a buck sergeant in my outfit." (Tusa)
November 19, 1945: After a last inspection by Andrus, the defendants
are escorted individually into the empty courtroom and given their assigned
seats. (Tusa)
November 19, 1945: The day before the opening of the trial, a motion
is filed on behalf of all defense counsel:
The Defense consider it their duty to point out at this juncture another
peculiarity of this Trial which departs from the commonly recognized
principles of modern jurisprudence. The Judges have been appointed
exclusively by States which were the one party in this war. This one party
to the proceeding is all in one: creator of the statute of the Tribunal and
of the rules of law, prosecutor and judge. It used to be until now the
common legal conception that this should
not be
so.
November 20, 1945: Nuremberg Tribunal: On day 1 of the historic
trial, the prosecutors take turns reading the
Indictment in court. Unfortunately, no one had given
any thought to the prisoners lunch break, so, for the first and only time
during 218 days of court, the defendants eat their midday meal in the
courtroom itself. This is the first opportunity for the entire group to
mingle, and though some know each other quite well, their are many who've
never met. (Tusa, Conot)
November 21, 1945: Nuremberg Tribunal: On day 2, the defendants enter
their pleas: "The President: I will now call upon the defendants to plead
guilty or not guilty to the charges against them. They will proceed in turn
to a point in the dock opposite to the microphone... Frank: "I declare
myself not guilty."
November 21, 1945: Nuremberg Tribunal: Immediately following the pleas
of the defendants, Justice Jackson delivers his opening statement:
Jackson: And the Defendant Hans Frank, a lawyer by profession, I say with
shame, summarized in his diary in 1944 the Nazi policy thus: 'The Jews are a
race which has to be eliminated; whenever we catch one, it is his end.' And
earlier, speaking of his function as Governor General of Poland, he confided
to his diary this sentiment: 'Of course I cannot eliminate all lice and Jews
in only a year's time.' I could multiply endlessly this kind of Nazi ranting
but I will leave it to the evidence and turn to the fruit of
this
perverted thinking.
November 21, 1945: Nuremberg Tribunal: The Tribunal rejects the
Defense motion of Nov 19 on the grounds that, in so far as it is an argument
against the jurisdiction of the Tribunal, it is in conflict with Article 3
of the
Charter.
November 21, 1945: Nuremberg Tribunal: On day 3, Major Frank Wallis,
Assistant Trial Counsel for the United States, presents the case known as
the Common Plan or Conspiracy:
Wallis: As a means of implementing their master race policy and as a means
of rallying otherwise discordant elements behind the Nazi banner, the
conspirators adopted and publicized a program of relentless persecution of
Jews. This program was contained in the official, unalterable 25 points of
the Nazi Party, of which 6 were devoted to the master race doctrine. The
Defendants Göring, Hess, Rosenberg, Frank, Frick, Streicher, Funk, Schirach,
Bormann, and others, all took prominent parts in publicizing this program.
Upon the Nazis coming into power, this Party program became the
official
State program.
November 29, 1945: The prosecution presents as evidence a film shot
by US troops as they were liberating various German concentration camps.
That evening in their cells, the defendants react to the horrific images.
Frank:
To think we lived like kings and believed in that beast! Don't let anybody
tell you they had no idea! Everybody sensed that there was something
horribly wrong with this system, even if we didn't know all the details.
They didn't want to know! It was too comfortable to live on the system, to
support our families in royal style, and to believe that it was all right.
May God have mercy on our souls. (Conot)
December 11, 1945: Nuremberg Tribunal: On the trial's 17th day, the
prosecution presents as evidence a four-hour movie, 'The Nazi Plan,'
compiled from various Nazi propaganda films and newsreels. The film opens
with Rosenberg, plump in his Party uniform, providing the pompous narration
for 'Triumph of the Will.' Far from viewing the film as another nail in
their coffins, the defendants enjoy it hugely. From the diary of Dr. Victor
von der Lippe: 'Göring was visibly delighted to see himself once more "in
the good times."' Ribbentrop spoke of the gripping force of Hitler's
personality, another defendant declared himself happy that the Tribunal
would see him at least once in full uniform, and with the dignity of his
office." (Taylor, Conot)
December 11, 1945: Nuremberg Tribunal: After the court views the film
The Nazi Plan, Dr. Thomas Dodd, Executive Trial Counsel for the United
States, begins presentation of the Case on Forced Labor:
Dodd: We shall also show in this presentation that the Defendant Göring, as
Plenipotentiary General for the Four Year Plan, is responsible for all of
the crimes involved in the Nazi slave labor program. Finally, we propose to
show that the Defendant Rosenberg, as Reich Minister for the Occupied
Eastern Territories, and the Defendant Frank, as Governor of the Government
General of Poland, and the Defendant Seyss-Inquart, as Reich Commissar for
the occupied Netherlands, and the Defendant Keitel, as Chief of the OKW,
share responsibility for the recruitment by
force and
terror.
December 12, 1945: Nuremberg Tribunal: On day 18, the subject of
Frank's Diary begins the morning session:
Dodd: May it please the Tribunal, I should like to report to the Tribunal
this morning with reference to the questions which arose yesterday afternoon
concerning three documents. After adjournment we found that Document 2220-PS
was in the defendants' information Center in photo static-form, and that the
two other documents, being respectively two entries from the Frank diary,
were also there but in a different form. The Frank diary consists of some
40-odd volumes which we, of course, were not able to Photostat, so we had
placed instead in the defendants' room the excerpts. As a matter of fact, we
had placed the entire document book there.
Dr. Alfred Seidl (Counsel for the Defendant Frank): Yesterday the
Prosecution submitted documents concerning the Defendant Frank...These are
not ordinary documents, but excerpts from the diary of Frank. Six weeks ago
I applied in writing to have this diary, which consists of 42 heavy, thick
volumes, submitted to me. I made this request for the first time on the 2d
of September, the second time on the 16th of November, the third time on the
18th of November, and the fourth time on the 3rd of December. Unfortunately,
I have not so far received this diary, and I should like to ask the Tribunal
that it be submitted to me as soon as possible, not least because this
material was surrendered by the Defendant Frank himself to the officers who
arrested him and was to be used as evidence for his defense. I am of course
not in a position to work through all this material in a few days, and I
should like to ask the Tribunal that this diary be put at my
disposal
without delay.
December 13, 1945: Nuremberg Tribunal: On day 19, Major William Walsh,
Assistant Trial Counsel for the United States, begins presentation of the
Case on Persecution of the Jews:
Major Walsh: It is difficult from this point to follow the thread of
chronological order or a topical outline. So numerous are the documents and
so appalling the contents that in this brief recital the Prosecution will
make no effort to itemize the criminal acts. Selected documents, however,
will unfold the crimes in full detail. Before launching a discussion of the
means utilized to accomplish the ultimate aim, that is the extermination of
the Jewish people, I now turn to that fertile source of evidence, the diary
of Hans Frank, then Governor General
of
occupied Poland.
December 14, 1945: Nuremberg Tribunal: On day 20, Major William Walsh,
Assistant Trial Counsel for the United States, continues presentation of the
Case on Persecution of the Jews:
Major Walsh: I would like first to discuss starvation. Policies were
designed and adopted to deprive the Jews of the most elemental necessities
of life. Again the Defendant Hans Frank, then Governor General of Poland,
wrote in his diary that hunger rations were introduced in the Warsaw ghetto;
and referring to the new food regulations in August 1942, he callously, and
perhaps casually, noted that by these food regulations he virtually
condemned more than 1 million
Jews to
death.
December 20, 1945: Nuremberg Tribunal: After this days session, the
trial adjourns for a Holiday break until Wednesday, the 2nd of
January.
January 8, 1946: Nuremberg Tribunal: On day 29, Colonel Leonard
Wheeler Jr., Assistant Trial Counsel for the United States, presents the
prosecutions case on the Suppression of Churches:
The repressive measures adopted by the Nazi conspirators in Poland against
the Christian Church were even more drastic and sweeping. The Vatican
documents now to be introduced describe persecutions of the Catholic Church
in Poland in three areas: First, the incorporated territories, especially
the Warthegau; second, the Government General; and third, the incorporated
Eastern territories. The Court will recall that the incorporated territories
comprised territories adjacent to the old Reich, chiefly the Reich District
Wartheland or Warthegau, which included particularly the cities of Poznan
and Lodz and the Reich district Danzig-West Prussia.
The occupied Polish territories which were organized into the Government
General comprised the remainder of Poland, seized by the German forces in
1939 and extending to the new boundary with the Soviets formed at that time.
This included Warsaw and Krakow. After the Nazis attacked the Union of
Soviet Socialist Republics in June 1941, the parts of old Poland lying
farther to the east and then overrun were included in the so-called Occupied
Eastern Territories. For the purpose of tying the defendants' responsibility
for the persecutions occurring in their respective areas, the Court will
bear in mind that the Defendant Frick was the official chiefly responsible
for the reorganization of the Eastern territories. The Defendant Frank was
head of
the Government General.
January 10, 1946: Nuremberg Tribunal: On day 31 of deliberations, the
prosecution presents its case against Frank:
The machinations of Frank divide themselves logically into two periods. In
the one, from 1920 to 1939, he was by his own admission the leading Nazi
jurist, although parenthetically the word 'jurist' loses its reputable
content when modified by the word 'Nazi.' In the other period, extending
from 10 October 1939 until the end of the war, he was Governor General of
occupied Poland. While he is most notorious for his persecutions and
carrying out of the conspiracy in the latter capacity, it is the opinion of
the United States Prosecution that the Defendant Frank's contributions to
the Nazi rise to power as the leading Nazi jurist should not
pass
without mention.
January 17, 1946: Nuremberg Tribunal: On day 36 of deliberations, M.
Francois de Menthon, the Chief Prosecutor for the French Republic, presents
France's case:
Menthon: The craving for justice of the tortured peoples is the basic
foundation of France's appearance before Your High Tribunal. It is not the
only one, nor perhaps the most important one. More than toward the past, our
eyes are turned toward the future. We believe that there can be no lasting
peace and no certain progress for humanity, which still today is torn
asunder, suffering, and anguished, except through the co-operation of an
peoples and through the progressive establishment of a real international
society. Technical procedures and diplomatic arrangements will not suffice.
There can be no well balanced and enduring nation without a common consent
in the essential rules of social living, without a general standard of
behavior before the claims of conscience, without the adherence of all
citizens to identical concepts of
good and
evil.
January 17, 1946: Nuremberg Tribunal: Frank's reaction to de Menthon's
speech: "Ah, that is stimulating! That is more like the European mentality.
It will be a pleasure to argue with that man. But, you know, it is ironic -
it was the Frenchman, de Gobineau, who started racial ideology."
(Tusa)
January 18, 1946: Nuremberg Tribunal: Inadvertently denying Frank the
'pleasure' of crossing swords, De Menthon steps down as Chief Prosecutor for
the French Republic and returns to his duties in France. He is replaced by
Champetier de Ribes. (Tusa)
January 28, 1946: From the diary of the British Alternate Judge, Mr.
Justice Birkett: "The evidence is building up a most terrible and convincing
case of complete horror and inhumanity in the concentration camps. But from
the point of view of this trial it is a complete waste of valuable time. The
case has been proved over and over again..."
February 8, 1946: Nuremberg Tribunal: On day 54, the Russian
prosecution presents its case:
Rudenko: I charge the defendants with having prepared and carried out a
perfidious attack on the peoples of my country and on all freedom-loving
nations. I accuse them of the fact that, having initiated a world war, they,
in violation of the fundamental rules of international law and of the
treaties to which they were signatories, turned war into an instrument of
extermination of peaceful citizens-an instrument of plunder, violence, and
pillage. I accuse the defendants of the fact that, having proclaimed
themselves to be the representatives of the 'master race,' a thing which
they have invented, they set up, wherever their domination spread, an
arbitrary regime of tyranny; a regime founded on the disregard' for the
elementary
principles of humanity.
February 8, 1946: Nuremberg Tribunal: The defendants react with scorn
to the speech of the Russian Prosecutor. Göring, who, along with Hess had
removed his earphones in disgust during Rudenko's presentation, declares
during the lunch break: 'I did not think that they (the Russians) would be
so shameless as to mention Poland.' And later: "You will see—this trial will
be a disgrace in 15 years." (Gilbert)
February 9, 1946: From the letters of Thomas Dodd:
Yesterday, Friday, opened the Russian case. General Rudenko made his
statement and the Russian photographers were all over the place. It lasted
most of the day and about 4 o'clock the Russkies began presenting evidence.
I conferred with the Justice about segregating Göring from the other
defendants for he is browbeating and threatening them - and particularly
those who might admit some guilt. He wants all to hang together - and to
prove that Roosevelt was the cause of the war! Well, we will take care of
that defense all right but I do not think he is entitled to go on
intimidating people as he has done for much of his life.
February 15, 1946: From the diary of Mr. Justice Birkett:
The presentation of the case dealing with crimes against the civilian
population of various countries overrun by the German armies has been most
detailed, and is contained for the most part in official documents which
purport to record judicial hearings of the evidence. The impression created
on my mind is that there has been a good deal of exaggeration, but I have no
means of checking this. But no doubt can remain in any dispassionate mind
that great horrors and cruelties were perpetrated. I think, also, that there
is a good deal of evidence to show that the Nazi hierarchy used calculated
cruelty and terror as their usual weapons. But it is impossible to convict
an army generally, and no doubt many of the terrible excesses were those of
a brutal and licentious soldiery, to quote Gibbon. The only importance of
the evidence is to convict the members of the Cabinet and the military
leaders of calculated cruelty as a policy.
February 15, 1946: Nuremberg Tribunal: Colonel Andrus tightens the
rules for the defendants by imposing strict solitary confinement. This is
part of a strategy designed to minimize Goering's influence among the
defendants. (Tusa)
February 22, 1946: Nuremberg Tribunal: In a further move to minimize
his influence, Goering is now required to eat alone during the courts daily
lunch break. The other defendants are split up into groups, with Frank now
sharing his mid-day meal with Keitel, Sauckel, and Syss-Inquart.
(Tusa)
March 5, 1946: Nuremberg Tribunal: Winston Churchill introduces the
phrase Iron Curtain into the English language (the term was originally
coined by Josef Goebbels) during his famous Cold War speech at Fulton,
Missouri. Speer recorded the defendants' reactions:
(The defendants showed) tremendous excitement. Hess suddenly stopped playing
the amnesiac and reminded us how often he had predicted a great turning
point that would put an end to the trial, rehabilitate all of us, and
restore us to our ranks and dignities. Göring, too, was beside himself; he
repeatedly slapped his thighs with his palms and boomed: 'History will not
be deceived. The Führer and I always prophesied it. This coalition had to
break up sooner or later.' (Speer II)
April 18, 1946: Nuremberg Tribunal: The day before Frank takes the
witness stand, Dr Gilbert visits him in his cell.
Frank: I will be first to admit my guilt.
Gilbert: In what way do you feel guilty?
Frank: Because I was an ardent Nazi and did not kill him (Hitler)."
(Maser)
From Justice at Nuremberg, by Robert E. Conot: On the surface,
there was a stark difference between Frank and the defendants who had
preceded him. He was the first of the accused to reject and denounce Hitler.
He had Goering's cunning and intelligence, and Hitler's ability to assess an
audience and play to it. While Keitel and Rosenberg had sat rigidly in the
witness box and Kaltenbrunner had crouched tensely, Frank seemed relaxed,
his keen black eyes scanning the entire room. Lawrence had made it clear
during Rosenberg's appearance, chiding prosecution and defense alike, that
the tribunal was tired of prolixity, repetition, and irrelevancies; so Frank
answered questions fairly succinctly. Beyond and beneath his sense of
theater, however, Frank was only marginally different from the others.
Forced into speaking the truth by the twelve thousand pages of his journal,
he nevertheless resorted to mendacity whenever he thought ho would not get
caught...Frank's testimony precipitated a storm of dissension among his
fellow defendants. 'According to your diary, you damned well knew what was
happening! It would have been more honorable to say so, and not try to hide
among the millions of our nation whom you are trying to burden with a
thousand years of guilt,' Fritsche accosted him when he returned from the
stand.
April 18, 1946: Nuremberg Tribunal: On day 111, Frank testifies:
Dr. Seidl: I am coming now to the next question. Did you ever have hostages
shot?
Frank: My diary contains the facts. I myself have never had hostages shot.
Dr. Seidl: Did you ever participate in the annihilation of Jews?
Frank: I say "yes;" and the reason why I say "yes" is because, having lived
through the 5 months of this trial, and particularly after having heard the
testimony of the witness Hoess, my conscience does not allow me to throw the
responsibility solely on these minor people. I myself have never installed
an extermination camp for Jews, or promoted the existence of such camps; but
if Adolf Hitler personally has laid that dreadful responsibility on his
people, then it is mine too, for we have fought against Jewry for years; and
we have indulged in the most horrible utterances-my own diary bears witness
against me. Therefore, it is no more than my duty to answer your question in
this connection with "yes." A thousand years will pass and still this guilt
of Germany will not have been erased. . . . .
Mr. Counselor Smirnov: While discussing the AB Action with the Police you
stated that the results of this action would not concern the reprieve
committee which was subordinated to you, is that right?
Frank: That sentence is contained in the diary. It is not, however, the
final result, but rather an intermediate stage.
Mr. Counselor Smirnov: Perhaps I can recall to you another sentence, in
order that you may judge the results of this action. Perhaps you can recall
this part which I will put to you. You stated the following: "We need not
bring these elements into German concentration camps, for in that case we
would only have difficulties and an unnecessary correspondence with their
families. We must simply liquidate matters in the country, and in the
simplest way." What you mean is that this would simply be a question of
liquidation in the simplest form, is that not so?
Frank: That is a terrible word. But, thank God, it did not take place in
this way.
Mr. Counselor Smirnov: Yes, but these persons were executed. What do you
mean by saying that this was not carried out? Obviously this was carried
out, for the persons were executed.
Frank: When they were sentenced they were killed, if the right to pardon
them was not exercised.
Mr. Counselor Smirnov: And they were condemned without application of the
right of pardon?
Frank: I do not believe so.
Mr. Counselor Smirnov: Unfortunately these people are no more, and therefore
obviously they; were executed.
Frank: Which people?
Mr. Counselor Smirnov: Those who were arrested under the AB Action. I will
remind you of another excerpt connected with this AB Action. If you did not
agree with the Police with regard to certain police actions it would be
difficult to explain the celebrations in connection with the departure of
Brigadeführer SS Streckenbach when he left for Berlin. Does this not mean
that you were at least on friendly terms with the Police?
Frank: In connection with political relations many words of praise are
spoken which are not in keeping with the truth. You know that as well as any
other person.
Mr. Counselor Smirnov: I will allow myself to remind you of only one passage
of your speech addressed to the Brigadeführer Streckenbach, one sentence
only. You said: "What you, Brigadeführer Streckenbach, and your people, have
done in the Government General must not be forgotten; and you need not be
ashamed of it." That testifies, does it not, to quite a different attitude
toward Streckenbach and his people?
Frank: And it was
not forgotten either.
April 19, 1946: From the letters of Thomas Dodd:
The court recessed yesterday at 4:30 PM after a day which saw Hans Frank
take the witness stand and make the most dramatic admissions of the trial.
He has become a Catholic and I guess it took. We expected him to be a most
ornery defendant - his record in Poland was wicked. Well, you no doubt know
from the press that he practically admitted his guilt. We saw little need
for cross-examination. I asked him only a few questions hoping to get even
more admissions from him. I got only one. He stung Goering on his theft of
art treasures. We also finished two of his witnesses and as a result we
moved nearer to the end.
April 23, 1946: Nuremberg Tribunal: On day 112, Frank's defense
witness Dr Joseph Buehler, former state secretary in the government of the
Government General, undergoes cross-examination:
Mr. Counselor Smirnov: Will you kindly inform me who, while Krueger was
still Chief of Police, issued instructions for the shooting of one male
inhabitant from each house which displayed a poster announcing a Polish
national holiday?
Buehler: That is unknown to me.
Mr. Counselor Smirnov: I ask to have the corresponding document submitted to
you. It is in the document book, on Page 1, Paragraph 7: 'The Governor
General received District Chief, Dr. Waechter, who reported on the
appearance in some districts of inflammatory posters on the occasion of the
11 November (the Polish Day of Liberation). The Governor General ordered
that from every house where a poster remains exhibited one male inhabitant
is to be shot. This order is to be carried out by the Chief of Police. Dr.
Waechter has taken 120 hostages in Krakow as a precautionary measure.' Do
you remember that? Who then introduced this criminal practice of taking
hostages?
Buehler: Are you trying to say that I was present during that conference?
Mr. Counselor Smirnov: I should like to ask you about something else.
Buehler: Please, will you answer my question? Was I there or was I not?
Mr. Counselor Smirnov: I am not obliged to answer your question. It is you,
Witness, who have
to answer mine.
From The Nuremberg Trial by Ann and John Tusa: Frank was not
charged on Count Two: his war crimes and crimes against humanity were the
main focus of the prosecution case. And in the witness box on 18 April,
Frank admitted his guilt in them all. He took only two hours and fifteen
minutes. One newspaper called it 'a record for brevity and candor.' He did
not behave with his usual groveling self-pity; he spoke in a loud and clear
voice, waved his hands, expressed himself with 'almost religious
fervor'...
Frank's witnesses added nothing significant: small details of criticism of
aspects of Nazi policy and that was all; certainly no suggestion that Frank
had opposed policies in principle. The defendants in the dock had listened
to Frank's testimony intently, leaning forward and following every word. At
lunch, Papen and Seyss-Inquart gave him some words of encouragement. But
most of the others had been horrified by what they heard. Fancy saying that
Germany had been disgraced! Frank, however, was delighted with his
testimony, proud that he had stood out from the other defendants who always
claimed ignorance of what was going on. 'I DID know what was going on. I
think that the judges are really impressed when one of us speaks from the
heart and doesn't try to dodge the responsibility.'
Schirach had certainly been impressed. Having wavered for so long he was now
inspired to make a clean breast of things himself; to declare that everyone
had been misled by Hitler on the racial question. As Schacht noticed,
Schirach's mood was the first sign that Goering had lost control over the
other defendants. Frank had damaged the united front. Schacht himself was
prepared to go further. He wanted to make accusations against fellow
defendants - Göring, Ribbentrop, Keitel and Raeder were his chosen targets.
'My people must be shown,' he declared 'how the Nazi leaders plunged them
into an unnecessary war.' So by mid-April the defendants were clearly
divided.
April 24, 1946: Nuremberg Tribunal: On day 113, Dr. Seidl presents
selected items from the Frank Diary for use by the defense:
Dr. Seidl: I now come to the last document which the Prosecution of the
United States has already submitted...an excerpt from the diary: 'Concluding
reflections on the events of the last three months.' In these reflections
Dr. Frank once more definitely states his attitude towards the concept of
the legal state, and I ask the Tribunal to take cognizance particularly of
his basic assumptions...Here, Dr. Frank again formulated the prerequisites
which he considered necessary for the existence of any legal state. I quote
only a few lines from Page 74:
1) No fellow German can be convicted without regular court procedure,
and only on the basis of a law in effect before the act was committed.
2) The proceedings must carry full guarantee that the accused will be
interrogated on all pertaining to the indictment, and that he will be able
to speak freely.
3) The accused must have the opportunity, at all stages of the trial,
to avail himself of the services of defense counsel acquainted with the law.
4) The defense counsel must have complete freedom of action and
independence in carrying out his office in order to strike an even balance
between the State prosecutor and the defendant.
5) The judge or the court must make his or its decision quite
independently-that is, the verdict must not be influenced by any irrelevant
factors-in logical consideration of the subject matter and in just
application of the purport of the law.
6) When the penalty imposed by the sentence has been paid, the act
has been expiated.
7) Measures for protective custody and security custody may not be
undertaken or carried out by police organs, nor may measures for the
punishment of concentration camp inmates, except from this aspect, that is,
after confirmation of the intended measures by regular, independent judges.
8) In the same manner, the administration of justice for fellow
Germans must guarantee full safeguarding of individual interests in all
relations pertaining to civil suits proper.'
The President: Dr. Seidl, are there any passages in these documents which
express the opinion that the same principles ought to be applied to others
than fellow Germans?
Dr. Seidl: In this last quotation the Defendant Dr. Frank dealt basically
with questions of law without making any difference here between Germans and
people of foreign nationality. However, in his capacity as Governor General
he also fundamentally objected at all times to the transfer of Poles,
Ukrainians, and Jews to concentration camps. This can be seen from a whole
series
of entries.
June 20, 1946: Nuremberg Tribunal: On day 159, Speer testifies on his
own behalf about his failed attempt to assassinate Hitler. Later, Frank
expresses the opinion that Speer has disgraced himself. He states that he
himself would 'rather be sitting here than before a German court on account
of treason.' (Tusa)
July 11, 1946: Nuremberg Tribunal: On day 176, Dr. Seidl presents his
final argument in Frank's defense:
Dr. Seidl: Adolf Hitler's attitude toward the conception of a State founded
on law, insofar as any doubt could still have been entertained about it, has
become perfectly clear through the evidence presented at this Trial. Hitler
was a revolutionary and a man of violence. He looked on law as an impeding
and disturbing factor in the realization of his plans in the realm of power
politics. Incidentally, he left no doubt about this attitude of his and
discussed the subject of the State founded on law in a number of speeches.
He was always very reserved in his dealings with lawyers, and for this
reason alone it was impossible from the outset that any close association
could have developed between him and the Defendant Frank. The Defendant
Frank considered it his life's work to see the conception of the State
founded
on law.
From The Anatomy of the Nuremberg Trials by Telford Taylor: Seidl
made only a passing reference to Versailles, was all business, and began
with a well-written and entirely convincing showing that before the war
Frank's official positions were entirely concerned with legal matters,
remote from the conspiracy charged against him in the Indictment. As a
practical matter, Frank's case involved only his activities as
Governor-General in Poland. Seidl's argument was essentially the same as
Frank's testimonial defense; police, labor recruitment, the treatment of the
Jews, and other important powers were not in the Governor-General's hands.
Most of the notorious 'Hans Frank Diary' had not been written by him. Frank
had attempted to prevent the atrocities spread by Himmler's men. Seidl's
presentation was well-organized and compact (it was completed in the morning
session) and was far more forceful than Frank's answers to questions and, of
course, Seidl was not cross-examined. However, his script owed a great deal
to its omissions. It was all very well to urge caution in using the diary,
but Seidl discussed none of the passages most harmful to his client. Seidl
handled his points skillfully, but there was too much evidence against Frank
to which there was no answer.
July 12, 1946: From the diary of Dr. Victor von der Lippe (assistant
defense attorney for Raeder):
From a court source...the rumor went round today that, irrespective of the
final pleas, the Tribunal was so far advanced with its findings that, as
things stood, death sentences must be reckoned with except for Schacht,
Papen and Fritzsche.
July 16, 1946: From the letters of Thomas Dodd:
The defendants reflect the ending of these proceedings. They seem to feel
that the days are definitely numbered. Even Goering, who has been positively
impish up to very recently, now is gray and crestfallen. Keitel wears the
mask of the doomed already. And so it goes through the entire dock. General
Jodl and Seyss-Inquart being exceptions to some extent and mostly because
they are more stable emotionally.
July 26, 1946: Nuremberg Tribunal: On day 187 and 188, US Justice
Jackson details Prosecutions closing arguments against Frank:
Jackson: The extent of the slaughter in Poland alone was indicated by Frank,
who reported, and I quote: "If I wanted to have a poster put up for every
seven Poles who were shot, the forests of Poland would not suffice for
producing the paper for such posters". Those who will enslave men cannot be
expected to refrain from plundering them. Boastful reports show how
thoroughly and scientifically the resources of occupied lands were sucked
into the German war economy, inflicting shortage, hunger, and inflation upon
the inhabitants...In the words of Defendant Frank: "A thousand years will
pass and this guilt of Germany will still not be erased." . . . .
Hitler, in announcing his plan to attack Poland, had already foreshadowed
the slave-labor program as one of its corollaries when he cryptically
pointed out to the Defendants Goering, Raeder, Keitel, and others that the
Polish population "will be available as a source of labor". This was part of
the plan made good by Frank, who as Governor General notified Goering that
he would supply "at least one million male and female agricultural and
industrial workers to the Reich", and by Sauckel, whose impressments
throughout occupied territory aggregated numbers equal to the total
population of some of the smaller nations of Europe...
The fanatical Frank, who solidified Nazi control by establishing the new
order of authority without law, so that the will of the Party was the only
test of legality, proceeded to export his lawlessness to Poland, which he
governed with the lash of Caesar and whose population he reduced to
sorrowing remnants. Frick, the ruthless organizer, helped the Party to seize
power, supervised the police agencies to insure that it stayed in power, and
chained the economy of Bohemia and Moravia to the German war
machine...
Hitler stated, at a conference with his commanders, that: "The main
objective in Poland is the destruction of the enemy and not the reaching of
a certain geographical line". Frank picked up the tune and suggested that
when their usefulness was exhausted, ". . . then, for all I care, mincemeat
can be made of the Poles and Ukrainians and all the others who run around
here—it does not
matter what happens.
July 26, 1946: Nuremberg Tribunal: On day 188, Sir Hartley Shawcross,
Chief Prosecutor for the United Kingdom, details Prosecutions closing
arguments:
Shawcross: I say legally guilty. That these defendants participated in and
are morally guilty of crimes so frightful that the imagination staggers and
reels back at their very contemplation is not in doubt. Let the words of the
Defendant Frank, which were repeated to you this morning, be well
remembered: "Thousands of years will pass and this guilt of Germany will not
be erased." Total and totalitarian war, waged in defiance of solemn
undertakings and in breach of treaties; great cities, from Coventry to
Stalingrad, reduced to rubble, the countryside laid waste, and now the
inevitable aftermath of war so fought—hunger and disease stalking through
the world; millions of people homeless, maimed, bereaved. And in their
graves, crying out, not for vengeance but that this shall not happen again:
10 million who might be living in peace and happiness at this hour,
soldiers, sailors, airmen, and civilians killed in battles that ought never
to
have been.
July 23, 1946: Nuremberg Tribunal: Frank reacts badly to Shawcross'
presentation, cursing 'that damned Englishman' while being escorted from the
courtroom. Göring turns to Ribbentrop and quips: "There, it is just as if we
hadn't made any defense at all." Ribbentrop will later tell Gilbert:
"Compared to him (Shawcross), even Jackson was downright chivalrous." (Tusa,
Taylor)
July 29, 1946: Nuremberg Tribunal: On day 189 of deliberations, M.
Charles Dubost, Deputy Chief Prosecutor for the French Republic, details
Prosecutions closing arguments:
Dubost: They stopped at nothing in order to achieve their end: Violation of
treaties, invasion, and enslavement in peacetime of weak and peaceful
neighbors, wars of aggression, and total warfare, with all the atrocities
which these words imply. Goering and Ribbentrop cynically admitted that they
took both a spiritual and a material part in it; and the generals and
admirals did their utmost to help matters forward. Speer exploited to the
point of exhaustion and death the manpower recruited for him by Sauckel,
Kaltenbrunner, the NSDAP Gauleiter, and the generals. Kaltenbrunner made use
of the gas chambers, the victims for which were furnished by Frick,
Schirach, Seyss-Inquart, Frank, Jodl, Keitel, and the rest. But the
existence of the gas chambers themselves was only made possible through the
development of a political ideology favorable to such things; there,
inextricably merged, we find the responsibility of all of them—Goering,
Hess, Rosenberg, Streicher, Frick, Frank, Fritsche, down to Schacht himself,
the pro-Jewish Schacht. Did he not say to Hirschfeld: "I want Germany to be
great; to accomplish this I am prepared to ally myself with the very devil."
He did enter into this alliance with the devil and with hell. We may include
Papen, who saw his secretaries and his friends killed around him and still
continued to accept official missions in Ankara and Vienna because he
thought he could appease Hitler
by
serving him.
July 29, 1946: Nuremberg Tribunal: On day 189 of deliberations,
General Rudenko, Chief Prosecutor for the Union of Soviet Socialist
Republics, details Prosecutions closing arguments:
Rudenko: The regime, established by Hans Frank throughout Poland during all
the stages of the temporary German domination in this country, was a regime
for the inhuman destruction of millions of people by varied, but invariably
criminal, methods. It is not merely incidental that the German fascist
assassins who annihilated 11,000 Polish prisoner-of-war officers in Katyn
forest should refer to the regime which Frank instituted in Poland as an
example for their own activities - as the Tribunal has been able to
ascertain not so
very long ago. (Note: This cynical (and criminal)
Soviet moment is arguably the low-point of the trial.)
August 30, 1946: Nuremberg Tribunal: On day 216 of deliberations, the
defendants make their final statements. The President: "I call upon the
Defendant Hans Frank."
Final Statement of Hans Frank: Your Honors: Adolf Hitler, the
chief defendant, left no final statement to the German people and the world.
Amid the deepest distress of his people he found no comforting word. He
became silent and did not discharge his office as a leader, but went down
into darkness, a suicide. Was it stubbornness, despair, or spite against God
and man? Perhaps as though he thought: "If I must perish, then let the
German people fall into the abyss also." Who will ever know? We—and if I now
use the term "we," then I mean myself and those National Socialists who will
agree with me in this confession, and not those fellow defendants on whose
behalf I am not entitled to speak—we do not wish to abandon the German
nation to its fate in the same way without a word; we do not wish to say
simply, "Now you will just have to see how you can get along with this
collapse which we have left you."
Even now, perhaps as never before, we still bear a tremendous spiritual
responsibility. At the beginning of our way we did not suspect that our
turning away from God could have such disastrous deadly consequences and
that we would necessarily become more and more deeply involved in guilt. At
that time we could not have known that so much loyalty and willingness to
sacrifice on the part of the German people could have been so badly directed
by us. Thus, by turning away from God, we were overthrown and had to perish.
It was not because of technical deficiencies and unfortunate circumstances
alone that we lost the war, nor was it misfortune and treason. Before all,
God pronounced and executed judgment on Hitler and the system which we
served with minds far from God. Therefore, may our people, too, be called
back from the road on which Hitler—and we with him—have led them. I beg of
our people not to continue in this direction, be it even a single step;
because Hitler's road was the way without God, the way of turning from
Christ, and, in the last analysis, the way of political foolishness, the way
of disaster, and the way of death. His path became more and more that of a
frightful adventurer without conscience or honesty, as I know today at the
end of this Trial.
We call upon the German people, whose rulers we were, to return from this
road which, according to the law and justice of God, had to lead us and our
system into disaster and which will lead everyone into disaster who tries to
walk on it, or continue on it, everywhere in the whole world. Over the
graves of the millions of dead of this frightful Second World War this state
trial was conducted, lasting for many months, as a central, legal' epilogue,
and the spirits passed accusingly through this room. I am grateful that I
was given the opportunity to prepare a defense and justification against the
accusations raised against me. In this connection I am thinking of all the
victims of the violence and horror of the dreadful events of war. Millions
had to perish unquestioned and unheard. I surrendered my war diary,
containing my statements and activities, in the hour when I lost my liberty.
If I was really ever severe, then it was above all toward myself, at this
moment when my actions in the war were made public.
I do not wish to leave any hidden guilt which I have not accounted for
behind me in this world. I assumed responsibility on the witness stand for
all those things for which I must answer. I have also acknowledged that
degree of guilt which attaches to me as a champion of Adolf Hitler, his
movement, and his Reich. I have nothing to add to the words of my defense
counsel. There is still one statement of mine which I must rectify. On the
witness stand I said that a thousand years would not suffice to erase the
guilt brought upon our people because of Hitler's conduct in this war. Every
possible guilt incurred by our nation has already been completely wiped out
today, not only by the conduct of our war-time enemies towards our nation
and its soldiers, which has been carefully kept out of this Trial, but also
by the tremendous mass crimes of the most frightful sort which—as I have now
learned—have been and still are being committed against Germans by Russians,
Poles, and Czechs, especially in East Prussia, Silesia, Pomerania, and
Sudetenland. Who shall ever judge these crimes against the German people?
I end my final statement in the sure hope that from all the horrors of the
war and all the threatening developments which are already appearing
everywhere, a peace may perhaps still arise in whose blessings even our
nation may be able to participate. But it is God's eternal justice in which
I hope our people will be secure and to, which alone I trustfully submit.
September 2, 1946: Nuremberg Tribunal: As the defendants await the
courts judgment, Colonel Andrus somewhat relaxes the conditions of
confinement, allowing those prisoners with wives or children limited
visitation. Frank spends the majority of this long period hurriedly
attempting to finish his memoirs (as if he'd not already committed quite
enough to paper). (Conot)
September 26, 1946: Nuremberg Tribunal: From the
Daily
Telegraph, byline by Rebecca West:
The judgment that is now about to be delivered has to answer a challenge
which has been thrown down not only by Germans but by many critics among the
Allies. It has to prove that victors can so rise above the ordinary
limitations of human nature as to be able to try fairly the foes they
vanquished, by submitting themselves to the restraints of law...The meeting
of the challenge will also warn all future war-mongers that law can at last
purue then into peace and thus give humanity a new defense against them.
Hence the judgment of the Nuremberg Tribunal may be one of the most
important events in the history of civilization.
September 29, 1946: Nuremberg Tribunal: From notes by Dr Pflücker,
Nuremberg Prison's German Doctor: "Yesterday, the defendants said farewell
to their relatives...Frank asks whether I am staying to the end and says
jokingly that I shall undoubtedly take his pulse on the very last day."
(Maser)
September 30, 1946: Nuremberg Tribunal: On day the penultimate day of
this historic trial, the final judgments are read in open court.
Final Judgment: Frank is indicted under Counts One, Three, and
Four. Frank joined the Nazi Party in 1927. He became a member of the
Reichstag in 1930, the Bavarian State Minister of Justice in March 1933, and
when this position was incorporated into the Reich Government in 1934, Reich
Minister without Portfolio. He was made a Reichsleiter of the Nazi Party in
charge of legal affairs in 1933, and in the same year President of the
Academy of German Law. Frank was also given the honorary rank of
Obergruppenführer in the SA. In 1942 Frank became involved in a temporary
dispute with Himmler as to the type of legal system which should be in
effect in Germany. During the same year he was dismissed as Reichsleiter of
the Nazi Party and as President of the Academy of German Law.
Crimes against Peace: The evidence has not satisfied the Tribunal
that Frank was sufficiently connected with the common plan to wage
aggressive war to allow the Tribunal to convict him on Count One.
War Crimes and Crimes against Humanity: Frank was appointed Chief
Civil Administration Officer for occupied Polish territory and, on 12
October 1939, was made Governor General of the occupied Polish territory. On
3 October 1939, he described the policy which he intended to put into effect
by stating: "Poland shall be treated like a colony; the Poles will become
the slaves of the Greater German World Empire." The evidence establishes
that this occupation policy was based on the complete destruction of Poland
as a national entity, and a ruthless exploitation of its human and economic
resources for the German war effort. All opposition was crushed with the
utmost harshness. A reign of terror was instituted, backed by summary police
courts which ordered such actions as the public shootings of groups of 20 to
200 Poles and the widespread shooting of hostages. The concentration camp
system was introduced in the Government General by the establishment of the
notorious Treblinka and Majdanek camps.
As early as 6 February 1940, Frank gave an indication of the extent of this
reign of terror by his cynical comment to a newspaper reporter on von
Neurath's poster announcing the execution of the Czech students: "If I
wished to order that one should hang up posters about every seven Poles
shot, there would not be enough forests in Poland with which to make the
paper for these posters." On 30 May 1940, Frank told a police conference
that he was taking advantage of the offensive in the West, which diverted
the attention of the world from Poland, to liquidate thousands of Poles who
would be likely to resist German domination of Poland, including "the
leading representatives of the Polish intelligentsia." Pursuant to these
instructions the brutal AB Action was begun, under which the Security Police
and SD carried out these exterminations which were only partially subjected
to the restraints of legal procedure.
On 2 October 1943, Frank issued a decree under which any non-German
hindering German construction in the Government General was to be tried by
summary courts of the Security Police and SD and sentenced to death. The
economic demands made on the Government General were far in excess of the
needs of the army of occupation and were out of all proportion to the
resources of the country. The food raised in Poland was shipped to Germany
on such a wide scale that the rations of the population of the occupied
territories were reduced to the starvation level, and epidemics were
widespread. Some steps were taken to provide for the feeding of the
agricultural workers who were used to raise the crops, but the requirements
of the rest of the population were disregarded. It is undoubtedly true, as
argued by counsel for the Defense, that some suffering in the Government
General was inevitable as a result of the ravages of war and the economic
confusion resulting therefrom. But the suffering was increased by a planned
policy of economic exploitation. Frank introduced the deportation of slave
laborers to Germany in the very early stages of his administration.
On 25 January 1940, he indicated his intention of deporting a million
laborers to Germany, suggesting on 10 May 1940 the use of police raids to
meet this quota. On 18 August 1942, Frank reported that he had already
supplied 800,000 workers for the Reich and expected to be able to supply
140,000 more before the end of the year. The persecution of the Jews was
immediately begun in the Government General. The area originally contained
from 2,500,000 to 3,500,000 Jews. They were forced into ghettos, subjected
to discriminatory laws, deprived of the food necessary to avoid starvation,
and finally systematically and brutally exterminated.
On 16 December 1941, Frank told the Cabinet of the Government General: "We
must annihilate the Jews wherever we find them and wherever it is possible
in order to maintain there the structure of the Reich as a whole." By 25
January 1944, Frank estimated that there were only 100,000 Jews left. At the
beginning of his testimony, Frank stated that he had a feeling of "terrible
guilt" for the atrocities committed in the occupied territories. But his
defense was largely devoted to an attempt to prove that he was not in fact
responsible; that he ordered only the necessary pacification measures; that
the excesses were due to the activities of the Police which were not under
his control; and that he never even knew of the activities of the
concentration camps. It has also been argued that the starvation was due to
the aftermath of the war and policies carried out under the Four Year Plan;
that the forced labor program was under the direction of Sauckel; and that
the extermination of the Jews was by the Police and SS under direct orders
from Himmler.
It is undoubtedly true that most of the criminal program charged against
Frank was put into, effect through the Police, that Frank had jurisdictional
difficulties with Himmler over the control of the Police, and that Hitler
resolved many of these disputes in favor of Himmler. It therefore may well
be true that some of the crimes committed in the Government General were
committed without the knowledge of Frank, and even occasionally despite his
opposition. It may also be true that some of the criminal policies put into
effect in the Government General did not originate with Frank but were
carried out pursuant to orders from Germany. But it is also true that Frank
was a willing and knowing participant in the use of terrorism in Poland; in
the economic exploitation of Poland in a way which led to the death by
starvation of a large number of people; in the deportation to Germany as
slave laborers of over a million Poles; and in a program involving the
murder of at least 3 million Jews.
Conclusion: The Tribunal finds that Frank is not guilty on Count One
but is guilty under Counts Three and Four.
From Nuremberg: A Nation on Trial by Werner Maser, translated by
Richard Barry: Some time before the members of the Tribunal had made up
their minds on the sentences, the thirty-two American journalists present
had made up theirs. On a blackboard in the foreign press room industrious
pollsters had chalked up the correspondents' forecasts in columns headed
'Guilty,' 'Not Guilty,' 'Death Sentence' and 'Prison.' The pressmen were
unanimous on the death sentence only for Göring, Ribbentrop and
Kaltenbrunner; as regards the rest, bets on the death sentence were: Keitel
and Sauckel 29, Hans Frank 27, Seyss-Inquart 26, Rosenberg 24, Hess 17,
Raeder 15, Dönitz and Streicher 14, Jodl 13, Frick 12, Speer 11, von
Schirach 9, von Papen 6, Schacht 4, von Neurath 3 and Fritsche 1.
(Justice) Jackson...had also made his 'calculation.' In a secret meeting
with his closest associates he had even proposed that, since the defendants
had so continuously incriminated each other during their period under
arrest, they should themselves vote on the guilt or innocence of each of
them. It may be regarded as fairly certain that, had this happened, none of
them would have escaped the gallows. The Tribunal, however, worked on other
hypotheses. The last stage now having been reached, most of the defendants
awaited the judgments with calm and composure, some of them even cheerfully.
The trial had revealed details and events against which no argument could
carry weight, yet it seems that, when the trial ended, none of the
defendants was really clear as to what sentence awaited him in Room 600 of
the Palace of Justice. After the reading of the Judgment, awaited with
impatience by the numerous press correspondents, the defendants were led
back to their cells, each handcuffed to a US soldier.
October 1, 1946: Nuremberg Tribunal: On the 218th and last day of the
trial, sentences are handed own: "Defendant Hans Frank, on the Counts of the
Indictment on which you have been convicted, the Tribunal sentences you to
death by hanging." Frank, who appears confused as he is led before the
judges, busts into sobs upon hearing the verdict. He bows to the judges
before being led out. (Conot)
From Justice at Nuremberg by Robert E. Conot: The eleven condemned
to death were no longer permitted to exercise in the yard. Whenever one
emerged from his cell, he was handcuffed to a guard. For a few minutes a
day, one at a time, they were marched up and down in the center of the cell
block in lock step with a military policeman. When they saw their attorneys
in the Palace of Justice, a GI sat with each of them like a Siamese twin
joined at the wrist...The Allied Control Council ordered the executions
carried out on the fifteenth day after sentencing. The condemned, however,
were not informed of the date...Frank, on the other hand, was almost serene.
Reading 'The Song of Bernadette,' he identified himself with the martyrs of
the Church...The British and French were so apprehensive about
demonstrations or a possible attempt to rescue the prisoners that they
insisted that no prior announcement of the executions be made.
October 5, 1946: Dr Pflücker, Nuremberg Prison's German Doctor,
visits all the condemned defendants and records their moods in his diary:
"During my rounds on October 5 I find all those sentenced in a calm frame of
mind...Frank is cheerful. We talk about Franz Werfel's book 'Von der
Heiligen von Lourdes,' of which he is very fond." (Maser)
October 13, 1946: Frank, along with Goering and Streicher, had
declared that they wished no appeals for clemency to be filed on their
behalf's. Seidl had ignored Franks wishes and filed an appeal requesting
that his sentence be reduced to life imprisonment. Colonel Andrus informs
the prisoners on this day that all appeals have been denied. (Tusa,
Maser)
October 13, 1946: Justice Jackson reports to President Truman:
In a world torn with hatreds and suspicions where passions are stirred by
the "frantic boast and foolish word," the Four Powers have given the example
of submitting their grievances against these men to a dispassionate inquiry
on legal evidence. The atmosphere of the Tribunal never failed to make a
strong and favorable impression on visitors from all parts of the world
because of its calmness and the patience and attentiveness of every Member
and Alternate on the Tribunal. The nations have given the example of leaving
punishment of individuals to the determination of independent judges, guided
by principles of law, after hearing all of the evidence for the defense as
well as the prosecution. It is not too much to hope that this example of
full and fair hearing, and tranquil and discriminating judgment will do
something toward strengthening the processes of justice
in many
countries.
October 13, 1946: From
Spandau Diary by Albert Speer: "A guard
goes from cell to cell. He asks whether we want to make use of our right to
a daily walk on the ground floor. The yard is still barred to us. I have to
get out; the cell is beginning to feel unbearably oppressive. So I ask to
go. But I shudder at the prospect of seeing the men on death row (Note: The
11 condemned men are housed in cells on the ground floor; the 7 sentenced to
prison time are being kept in an upper tier of cells). The guard holds out
the chrome handcuffs. Linked together, we have some difficulty descending
the winding staircase. In the silence, every step on the iron stairs sounds
like a thunderclap. On the ground floor I see eleven soldiers staring
attentively into eleven cells. The men inside are eleven of the surviving
leaders of the Third Reich...
And then there is Hans Frank, governor-general of Poland, whose own diary
revealed his ruthlessly brutal actions. But in Nuremberg he freely confessed
his crimes, abjured them, and became a devout Catholic; his capacity to
believe fervently and even fanatically had not deserted him. Gilbert
recently told me that Frank is working on his memoirs...
As the rules prescribe, most of them are lying on their backs, hands on the
blanket, heads turned toward the inside of the cell. A ghostly sight, all of
them in their immobility; it looks as though they have already been laid on
their biers. Only Frank is up, sitting at his table and writing away. He has
wound a damp towel around his neck; he used to tell Dr. Pflücker he did that
to keep his mind alert...I cannot stand it for long. Back in my cell, I
decide not to go back down again."
Note: German author Werner Maser, in
Nuremberg: A Nation on
Trial, comments critically on the above passage by Speer: "These and the
comments immediately following are typical of Speer's usual fanciful
descriptions. Since he was handcuffed to a guard, he could not have seen
what was going on in the cells. His remarks on his fellow-defendants speak
for themselves."
October 14, 1946: The condemned men, most of whom have become
convinced that the executions will be carried out on the 15th, spend this
day as if it were their last. Frank reads the poem 'Holy Night' by Thomas,
repeatedly leafs through the nine letters he has received, and pens two in
reply. (Heydecker)
October 16, 1946: From
Spandau Diary by Albert Speer: "At some
hour of the night I woke up. I could hear footsteps and indistinguishable
words in the lower hall. Then silence, broken by a name being called out:
'Ribbentrop!' A cell door is opened; then scraps of phrases, scraping of
boots, and reverberating footsteps slowly fading away. Scarcely able to
breathe, I sit upright on my cot, hearing my heart beat loudly, at the same
time aware that my hands are icy. Soon the footsteps come back and I hear
the next name: 'Keitel!' Once more a cell door opens, once more noises and
the reverberation of footsteps. Name after name is called..." (Speer II)
Frank: Simultaneously with the formation of the Government General and my
appointment as Governor General Hitler had signed a secret decree placing
Krüger, the SS and Police Leader for the Government General, together with
all SS and police forces in the area under Himmler's direct and exclusive
command; this decree was concealed from me to the very end and I only
discovered it during the course of the proceedings in Nuremberg. This was
sheer deceit on the part of Hitler, who outwardly had appointed me as his
representative but secretly handed the area over to the crazy tyranny of
Himmler and his minions. All my complaints to Hitler over their activities,
against which I was in effect powerless and which I frequently tried to
counter by the most desperate measures, were met with silence...
It has been totally forgotten under what inconceivable pressure anyone had
to work at this stage of the Hitler regime if he wanted to do so objectively
and justly and to have any effect at all...
Another matter which has been quietly ignored is that I was most cruelly
compelled by Hitler to continue as Governor General although I offered my
resignation fourteen times...
Hitler knew what he was doing to me...The post in Cracow was his revenge on
me...He knew what went on in Treblinka and other places. And he knew the
load of crime with which he was besmirching me and my name...
But apart from all this it is not for me to haggle or negotiate over my
'guilt' with a conclave of the victors. Moreover I feel myself generally
guilty as a participant in Hitler's overall enterprise; I therefore owe it
to my overburdened conscience, and consequently to God and mankind, to take
upon myself the blame for all that happened in Poland because, though
entangled in Hitler's overall system, I was frequently at fault both in word
and deed." -From Hans Frank's memoirs, quoted from Maser.
October 16, 1946: Frank's last words: "I am thankful for the kind
treatment during my captivity and I ask God to accept me with mercy."
From The Devil's Disciples by Anthony Read: (The defendant's
bodies) were photographed, wrapped in mattress covers, sealed in coffins
then driven off in army trucks with a military escort to a crematorium in
Munich, which had been told to expect the bodies of fourteen American
soldiers. The coffins were opened for inspection by American, British,
French and Soviet officials, before being loaded in the cremation ovens.
That same evening, a container holding all the ashes was driven away into
the Bavarian countryside, in the rain. It stopped in a quiet lane about an
hour later, and the ashes were poured into a muddy ditch...
From
The New York Times:
The
ashes of the innocent and the ashes of unspeakable criminals are composed of
the same elements, blown by the same winds, dissolved in the same waters.
And in the midst of our dark day we must now hope and pray for the growth of
a new world.
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Caution: As always, excerpts from
trial testimony should not necessarily be mistaken for fact. It should be
kept in mind that they are the sometimes-desperate statements of
hard-pressed defendants seeking to avoid culpability and shift
responsibility from charges that, should they be found guilty, can possibly
be punishable by death.
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