Eichmann, Bureaucracy and the Holocaust (7 page)

Fourth Count

Nature of Offence: Crime against the Jewish People, an offence against Section 1(a)(1) of the Nazis and Nazi Collaborators (Punishment) Law, 5710-1950 and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence:

1. Commencing in the year 1942, the Accused, together with others, adopted measures calculated to prevent births amongst the Jews of Germany, and the occupied countries.
   
2. The adoption of these measures by the Accused in his official capacity as Head of the Department for Jewish Affairs in the Gestapo in Berlin was also intended to advance the "Final Solution of the Jewish Question."
   

Fifth Count

Nature of the Offence Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused committed acts, during the period between 1939 and 1945, in Germany and the other countries of the Axis, in the occupied territories and also in the areas which were in practice subject to their authority, which are to be defined as crimes against humanity, when, together with others, he caused the murder, extermination, enslavement, starvation and expulsion of the Jewish civilian population in those countries and areas. The Accused committed these acts in the course of fulfilling his functions as specified in the First Count.

Sixth Count

Nature of the Offence: Crime against humanity, an offence against section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused in committing the acts described in Counts 1 to 5 persecuted Jews on national, racial, religious and political grounds.

Seventh Count

Nature of the Offence: Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence:

During the period of Nazi rule in Germany and the other countries of the Axis, in the occupied countries, and also in the areas which were, in practice, subject to their authority, the Accused, together with others, caused the plunder of the property of millions of Jews who were residents of these countries, by means of inhuman coercion, robbery, terror and torture.

Eighth Count

Nature of the Offence: War crime, an offence against Section 1(a)(3) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950 and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused performed acts, during the period of the Second World War, in Germany and in the other countries of the Axis and also in the occupied territories, which are to be defined as war crimes, when, together with others, he caused the persecution, expulsion and murder of the Jewish population of the countries occupied by the Germans and the other countries of the Axis. The Accused committed these acts in the course of fulfilling his functions as specified in the First Count.

Ninth Count

Nature of the Offence: Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950 and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused, between the years 1940 and 1942 committed acts in Poland, which at that time was occupied by Germany, which are to be defined as crimes against humanity when, together with others, he caused the deportation of more than half-a-million Polish civilians from their places of residence, with the intention of settling German families in those places. The displaced Poles were transferred, some to Germany and the territories occupied by her for the purpose of employing them and holding them under conditions of servitude, coercion and terror; some were abandoned in other regions of Poland and the German areas of occupation in the East; some were concentrated in labor camps organized by the S.S. under inhumane conditions; and some were transferred to Germany and were destined for the purpose of "Germanization" (Rueckverdeutschung). The Accused: committed these acts of his by virtue of a special appointment in the month of December 1939, according to which he was empowered by the Chief of the Security Police in Berlin to act as the person responsible for the "evacuation" of the civilian population.

Tenth Count

Nature of the Offence: Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused committed acts in the year 1941 in Yugoslavia in parts then occupied by Germany, which are to be defined as crimes against humanity when, together with others, he caused the deportation of more than fourteen thousand Slovene civilians from their places of residence, with the intention of settling German families in their stead;

Eleventh Count

Nature of the Offence: Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: The Accused: committed acts during the period of the Second World War which are to be defined as crimes against humanity in Germany and the occupied territories when, together with others, he caused the deportation from their places of residence of tens of thousands of gypsies, their assembly in places of concentration, and their dispatch to extermination camps in the areas of the German occupation in the East, for the purpose of murdering them. The Accused committed these acts by virtue of his special appointment as mentioned in the Ninth Count.

Twelfth Count

Nature of the Offence: Crime against humanity, an offence against Section 1(a)(2) of the Nazis and Nazi Collaborators (Punishment) Law, 5710-1950, and Section 23 of the Criminal Law Ordinance, 1936.

Particulars of the Offence: In the year 1942 the Accused committed acts which are to be defined as crimes against humanity when, together with others, he caused the deportation of approximately 100 children, residents of the village of Lidice in Czechoslovakia, their transfer to Poland and their murder there. The Accused committed these acts in the course of fulfilling his functions in the Gestapo in Berlin.

Thirteenth Count

Nature of the Offence: Membership of a hostile organization, an offence against Section 3(a) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950.

Particulars of the Offence: The Accused, during the period of the Nazi rule in Germany, was a member of the organization known by the name of Schutzstaffeln der NSDAP (S.S.) and during the course of his service in this organization attained the rank of S.S. Obersturmbannfuehrer.

Fourteenth Count

Nature of the Offence: Membership of a hostile organization, an offence against Section 3(a) of the Nazis and Nazi Collaborators (Punishment) Law, 5710-1950.

Particulars of the Offence: During the period of Nazi rule in Germany, the Accused was a member of an organization known by the name Sicherheitsdienst des Reichsfuehrers S.S. (SD).

Fifteenth Count

Nature of the Offence: Membership of a hostile organization, an offence against Section 3(a) of the Nazis and Nazi Collaborators (Punishment) Law 5710-1950.

Particulars of the Offence: During the period of Nazi rule in Germany, the Accused was a member of the Secret State Police (Geheime Staatspolizei) known as the "Gestapo" and served therein as Head of the Department for Jewish Affairs.

N
isko formed part of the so-called General Government, the easternmost part of Poland not annexed to the Reich. As a means to create a semiautonomous reservation in which European Jews would be deposited, this was the first of two plans designed to provide a territorial solution to the 'Jewish Problem' following the exhaustion of all emigration possibilities. Evidence suggests that the Nisko Project was a joint venture between Eichmann and Stahlecker, the latter being Eichmann's superior during his time in Vienna and Prague. Heydrich's subsequent approval of the plan seems to have been an expedient, given that it coincided with instructions received from Göring in his directive of September 21st 1939. Deportations to the area began in late 1939 and continued until March 1940, whereupon they ceased altogether due to objections raised by the Governor General, Hans Frank, whose desire to render the region 'Judenrein' was supported by Göring. The need to re-settle incoming 'ethnic Germans' also contributed to the project's demise.

What sort of life the Jews could have expected can be deduced from Rajakowitsch's comments to those deported to the area: "There are no dwellings, there are no houses. If you build, there will be a roof over your heads. There is no water, the wells all carry disease; there is cholera, dysentery and typhoid. If you bore and find water, you will have water" (cited in Arendt, 1994, p.75)*. Despite this, Eichmann continually referred to the Nisko and Madagascar projects in the belief that this demonstrated his sympathy for the Zionist position, and proved that his only intention was to place "firm soil under the feet of the Jews".

Source: Arendt, 1994; Burrin, 1994

* Rajakowitsch was an S.S. officer and Eichmann's legal expert. Some commentators erroneously attribute these words to Eichmann himself (see Gilbert, 1987, p.94).

T
he second and last so-called territorial Final Solution, which strictly speaking pre-dates the Nazi era, having long been touted by Zionists as a possible home for the Jews. Eichmann acknowledged this but sought to take credit for being the first to view the French colony as a possible solution to the 'Jewish Problem'. However, the available evidence contradicts Eichmann's claim and identifies the true author as Franz Rademacher, head of section III (Jewish Affairs) of Abteilung Deutschland (Department Germany) attached to the German Foreign Office. It seems that Rademacher first suggested Madagascar in his June 1940 memorandum to Dr. Martin Luther. Heydrich obviously caught wind of the proposal because, in his letter to Luther dated 24 June, he suggests that the proposal should be developed in association with the RSHA, reflecting his concern that RSHA competency for Jewish emigration would otherwise be infringed. The outcome was that Eichmann was instructed to draft the RSHA's proposal, while Rademacher penned an alternative Foreign Office vision.

In its final form, the RSHA plan would have turned Madagascar into part military base and part Jewish reservation, home to some four million Jews under Himmler's direct control Some commentators suggest that the project served an ulterior purpose in view of the 'physical solution' adopted only a year later: many Jews would presumably die
en route
and many more due to the island's hostile environmental conditions. Regardless, the island undoubtedly lacks the resources to support a population of the magnitude suggested. Additionally, others suggest that Himmler believed that Jews concentrated on the island could be used as hostages to ensure the good conduct of their American "racial comrades"*.

These points aside, the plan was developed and approved during a period when victory seemed imminent for Germany. The fact that this turned out not to be the case explains the abandonment of the proposal: the necessary deportations required safe access to the Atlantic, which in turn required co-operation or peace with Britain given her naval supremacy. However, the plan remained official policy until Göring's directive ushered in the final Final Solution. Despite this, the logistical issues involved even in peacetime raise questions as regards the seriousness with which the project was viewed. Arendt†, for example, regards the entire project as nothing more than "psychological preparation" for the Final Solution that followed.

* See Burleigh, 2000, p. 590-3; Hilberg, 1961, p. 260-1
† Arendt, 1994, pp. 76-8

Additional sources: Browning, 1978; Browning, 1992; Arendt, 1994

Appendix 4: IVB4 Representatives Abroad

* Eichmann Special Commando (Sondereinsatzkommando). Formed March 19th 1944 and headed by Eichmann himself, though subordinate to the regional Higher S.S. and Police Leader (Höhere S.S. und Polizeiführer). Comprised of all IV-B-4 specialists, including Krumey, Hunsche, Wisliceny, Seidl, Novak, Dannecker, and Abromeit.