13 Dec. 45

debacle. Unification of the German people was essential to successful planning and waging of war, and the Nazi political premise must be established — "One race, one state, one Führer."

Free trade unions must be abolished, political parties (other than the National Socialist Party) must be outlawed, civil liberties must be suspended, and opposition of every kind must be swept away. Loyalty to God, church, and scientific truth was declared to be incompatible with the Nazi regime. The anti-Jewish policy was part of this plan for unification because it was the conviction of the Nazis that the Jews would not contribute to Germany's military program, but on the contrary would hamper it. The Jew must therefore be eliminated.

This view is clearly borne out by a statement contained in Document 1919-PS, Exhibit USA-170. This document is a transcript of a Himmler speech at a meeting of the SS major generals on 4 October 1943, and from Page 4, Paragraph 3, of the 'translation before the Court, I read a very short passage:

"We know how difficult we should have made it for ourselves if with the bombing raids, the burdens and deprivations of war, we still had Jews today in every town as secret saboteurs, agitators, and trouble mongers; we would now probably have reached the 1916-17 stage when the Jews were still in the German national body."
The treatment of the Jews within Germany was therefore as much of a plan for aggressive war as was the building of armaments and the conscription of manpower. It falls within the jurisdiction of this Tribunal as an integral part of the planning and preparation to wage a war of aggression.

It is obvious that the persecution and murder of Jews throughout the conquered territories of Europe following 1939 are War Crimes as defined by Article 6(b) of the Charter. It further violates Article 46 of the Regulations of the Hague Convention of 1907, to which Germany was a signatory. I quote Article 46 and ask the Court to take judicial notice thereof:
"Family honor and rights, the lives of persons, and private property, as well as religious convictions and practices, must be respected."
I know of no crime in the history of mankind more horrible in its details than the treatment of the Jews. It is intended to establish that the Nazi Party precepts, later incorporated within the policies of the German State, often expressed by the defendants at bar, were to annihilate the Jewish people. I shall seek to avoid the temptation to editorialize or to draw inferences from the documents, however great the provocation; rather I shall let the documentary evidence speak for itself — its stark realism will be unvarnished.