Raul Hilberg

Home > Other > Raul Hilberg > Page 11


  Schlegelberger

  (acting)

  Thierack

  Staatssekretär:

  Schlegelberger 1 Rothenberger 1 Klemm

  I

  Personnel and Organization

  Letz

  II

  Training

  Segelken

  Penal Code

  Schafer

  i111

  Criminal 1IV

  Criminal Law (Procedure)

  Engert

  lv

  Prisons

  Civil Law

  Altstötter

  [VI

  Deputy

  Hesse

  Civil

  Race Experts

  Rexroth, Meinhof

  VII

  Trade and International Law

  Quassowski

  l viii

  Pensions

  Schneller

  Courts

  Ordinary Courts

  Extraordinary Courts

  (Each court divided into

  (Prosecution of

  criminal and civil sections)

  political crimes)

  Reichsgericht

  Volksgerichtshof

  (People's Court)

  1

  Oberlandesgerichte

  Landgerichte

  Amtsgerichte

  Sondergerichte

  (Special Courts)

  note: Organization chart of Reich government (certified by Frick), PS-2905;

  organization chart of Division VI, February, 1944, NG-917; affidavit by Rothenberger,

  February 12,1947. NO-776- For titles of judges and prosecutors, see document NG-2252.

  definition is in no sense based on racial criteria, such as blood type,

  curvature of the nose, or other physical characteristics. Nazi commentators,

  for

  propagandistic

  reasons,

  called

  the

  decrees

  “racial

  laws”

  (Rassengesetze,)1 and non-German writers, adopting this language, 4

  4.

  For example, the commentary by Wilhelm Stuckart and Rolf Schiedermair, Raisin- und Erbpflege in der Gezetzgebung des Reiches, 5th ed. (Leipzig, 1944).

  67

  DEFINITION BY DECREE

  T A B L E 4-3

  THE REICH CHANCELLERY

  Chief of the Chancellery.............................................. Hans Heinrich Lammers

  Staatssekretär.................................................................................................Kritzinger A. Administration, Propaganda, Education, Public

  Health.................................................................................................... Meerwald

  B. Four-Year Plan, Reichsbank, Transport, Agriculture______________ Willuhn

  C. Finance, Budget, Labor, Audit,

  Civil Service Matters...................... Killy

  D. Foreign Affairs, Occupied Areas in Eastern Europe.. Stutterheim

  E. Interior, Police, Justice,

  Armed Forces, Party................................ Ficker

  note: Organization chart of the Reich Chancellery, NG-3811; affidavit by Dr. Otto

  Meissner (Chief, Prdsidialkanzlei) on role and power of Lammers, May 15, 1947,

  NG-1541; affidavit by Hans Heinrich Lammers on his career, April 26, 1947, NG-1364;

  affidavit by Friedrich Wilhelm Kritzinger on his career, April 25, 1947, NG-1363.

  have also referred to these definitions as “racial.”5 But it is important to

  understand that the sole criterion for categorization into the “Aryan” or

  “non-Aryan” group was religion, not the religion of the person involved but the religion of his ancestors. After all, the Nazis were not interested in the “Jewish nose.” They were concerned with the “Jewish

  influence.”

  The 1933 definition (known as the Arierparagraph) did give rise to

  difficulties. One problem arose from the use of the terms Aryan and

  non-Aryan, which had been chosen in order to lend to the decrees a

  racial flavor.* Foreign nations, notably Japan, were offended by the

  general

  implication

  that

  non-Aryans

  were

  inferior

  to

  Aryans.

  On

  November 15, 1934, representatives of the Interior Ministry and the

  Foreign Office, together with the chief of the party’s Race-Political

  Office, Dr. Gross, discussed the adverse effect of the Arierparagraph

  on Far Eastern policy. The conferees had no solution. The Foreign

  Office reported that its missions abroad had explained the German

  policy of distinguishing between the types of races, rather than the

  qualities

  of

  the

  races

  ( Verschiedenartigkeit

  der

  Rassen,

  rather

  than

  Verschiedenwertigkeit der Rassen). According to this view, each race

  produced its own social characteristics, but the characteristics of one

  race were not necessarily inferior to those of other races. In short,

  5. One Jewish historian went so far as to call the medieval practice of identifying

  new Christians as former Jews ‘‘racial." See Cecil Roth, “Marranos and racial Antisemitism—A Study in Parallels,” Jewish Social Studies, 2(1940): 239-48.

  6. Actually, the term Aryan, like Semitic, is not even a race designation. At best it is

  a term for a linguistic-ethnic group.

  DEFINITION BY DECREE

  racial “type" comprised physical and spiritual qualities, and German

  policy attempted no more than the promotion of conditions that would

  permit each race to develop in its own way. However, this explanation

  did not quite satisfy the Far Eastern states, who still felt that the

  catchall term non-Aryan placed them in the same category as Jews.’

  There was another difficulty that reached into the substance of the

  measure. The term non-Aryan had been defined in such a way as to

  include not only full Jews—that is to say, persons with four Jewish

  grandparents—but

  also

  three-quarter

  Jews,

  half-Jews,

  and

  one-quarter

  Jews. Such a definition was considered necessary in order to eliminate

  from official positions all persons who might have been carriers of the

  “Jewish influence” even in the slightest degree. Nevertheless, it was

  recognized that the term non-Aryan, aside from embracing the full

  Jews, included also a number of persons whose inclusion in subsequent, more drastic measures would result in difficulties. In order to narrow the application of subsequent decrees to exclude such persons,

  a definition of what was actually meant by the term Jew became necessary.

  At the beginning of 1935 the problem received some attention in

  party circles. One of the meetings was attended by Dr. Wagner, then

  Reichsärzteführer (chief medical officer of the party). Dr. Gross (head

  of the Race-Political Office), and Dr. Blome (at that time secretary of

  the

  medical

  association,

  later

  Deputy

  Reichsärzteführer).

  Dr.

  Blome

  spoke out against a special status for part-Jews. He did not want a

  “third race.” Consequently, he proposed that all quarter-Jews be considered Germans and that all half-Jews be considered Jews. Reason:

  “Among half-Jews, the Jewish genes are notorious
ly dominant.”7 8 This

  view later became party policy, but the party never succeeded in imposing that policy on the Interior Ministry, where the decisive decrees were written.

  On the occasion of the Nuremberg party rally. Hitler ordered, on

  September 13, 1935, that a decree be written—in two days—under the

  title “Law for the Protection of German Blood and Honor.” Two experts of the Interior Ministry, Ministerialrat Medicus and Ministerialrat Lösener,

  were

  thereupon

  summoned

  to

  Nuremberg

  by

  plane.

  When

  they arrived they found Staatssekretäre Pfundtner and Stuckart, Ministerialrat Seel (civil service expert of the Interior Ministry), Ministerialrat

  Sommer

  (a

  representative

  of

  the

  Führer's

  Deputy

  Hess),

  and

  several other gentlemen in the police headquarters, drafting a law.

  7. Circular letter by Pfundtner, February 9, 1935, NG-2292. Billow-Schwante

  (Foreign Office) to missions and consulates abroad. May 17, 1935, enclosing circular letter

  by the Interior Ministry, April 18, 1935, NG-3942.

  8. Affidavit by Dr. Kurt Blome, January 17, 1946. NO-1710.

  69

  DEFINITION BY DECREE

  Interior Minister Frick and Reichsärzteführer Wagner shuttled between

  Hitler’s quarters and the police station with drafts. In the midst of the

  commotion, to the accompaniment of music and marching feet and in a

  setting of flags, the new decree was hammered out. The law no longer

  dealt with “non-Aryans” but with “Jews.” It prohibited marriages and

  extramarital intercourse between Jews and citizens of “German or related blood,” the employment in Jewish households of female citizens of “German or related blood” under the age of forty-five, and the

  raising by Jews of the Reich flag.’ None of the terms used were defined

  in the decree.

  On the evening of September 14, Frick returned to his villa from a

  visit to Hitler and told the exhausted experts to get busy with a draft of

  a Reich citizenship law. The Staatssekretäre and Ministerialräte now

  went to work in the music room of Frick’s villa to write a citizenship

  law. Soon they ran out of paper and requisitioned old menu cards. By

  2:30 a.m. the citizenship law was finished. It provided that only persons of “German or related blood” could be citizens. Since “citizenship” in Nazi Germany implied nothing, no interest attaches to the drafting of this decree, except for a provision to the effect that “full

  Jews” could not be citizens. This implied a new categorization differentiating between Germans and part-Jews, on the one hand, and such persons regardless of religion who had four Jewish grandparents, on

  the other. Hitler saw this implication immediately and crossed out the

  provision.9 10 11

  The attitudes of the party and of the civil service toward part-Jews

  had not emerged quite clearly. The party “combatted” the part-Jew as a

  carrier of the “Jewish influence,” whereas the civil service wanted to

  protect

  in

  the

  part-Jew

  “that

  part

  which

  is

  German.”"

  The

  final

  definition was written in the Interior Ministry, and so it is not surprising

  that the party view did not prevail.

  The authors of the definition were Staatssekretär Dr. Stuckart and

  his expert in Jewish affairs, Dr. Lösener. Stuckart was then a young

  man of thirty-three. He was a Nazi, a believer in Hitler and Germany’s

  destiny. He was also regarded as a party man. There is a difference

  between these two concepts. Everyone was presumed to be, and was

  accepted as, a Nazi unless by his own conduct he insisted otherwise.

  But not everyone was regarded as a party man. Only those people were

  9. Law forlhe Protection of German Blood and Honor, September 15, 1935, RGBl

  1, 1146.

  10. The history of the two laws is taken from the affidavit by Dr. Bernhard Lösener,

  February 24, 1948, NG-1944-A. Final version of the Reich Citizenship Law, dated September 15, 1935, inRGBl 1,1146.

  11. See letter by Stuckart, March 16, 1942, NG-2586-1.

  70

  DEFINITION BY DECREE

  party men who held positions in the party, who owed their positions to

  the party, or who represented the party’s interests in disagreements

  between the party and other hierarchies. Stuckart was in the party (he

  had even joined the SS in an honorary capacity), he had risen to power

  more quickly than other people, and he knew what the party wanted.

  But Stuckart refused to go along with the party in the definition business.

  Stuckart’s

  expert

  on

  Jewish

  affairs,

  Dr.

  Bernhard

  Losener,

  had

  been transferred to the Interior Ministry after long service in the customs

  administration.

  Definitions

  and Jewish affairs were an entirely

  new experience to him. Yet he became an efficient "expert” in his new

  assignment. Ultimately he drafted, or helped draft, twenty-seven Jewish decrees.I! He is the prototype of other "experts” in Jewish matters, whom we shall meet in the Finance Ministry, in the Labor Ministry, in

  the Foreign Office, and in many other agencies.

  The two men had an urgent task to perform. The terms Jew and

  German had already been used in a decree that contained criminal

  sanctions. There was no time to be lost. The final text of the definition

  corresponds in substance to a memorandum written by Losener and

  dated November 1, 1935.1! Losener dealt in his memorandum with the

  critical problem of the half-Jews. He rejected the party’s proposal to

  equate half-Jews with full Jews. In the first place, Losener argued,

  such a categorization would strengthen the Jewish side. “In principle,

  the half-Jew should be regarded as a more serious enemy than the full

  Jew because,

  in addition to Jewish characteristics, he possesses so

  many Germanic ones which the full Jew lacks.” Second, the equation

  would result in an injustice. Half-Jews could not emigrate and could

  not compete with full Jews for jobs with Jewish employers. Third,

  there was the need of the armed forces, which would be deprived of a

  potential 45,000 men. Fourth, a boycott against half-Jews was impractical (the German people would not go along). Fifth, half-Jews had performed meritorious services (recital of names). Sixth, there were many marriages between Germans and half-Jews. Suppose, for example, that

  Mr. Schmidt finds out, after ten years of marriage, that his wife is half-

  Jewish—a fact that, presumably, all half-Jewish wives kept secret.

  In view of all these difficulties, Losener proposed that the half-

  Jews be sorted into two groups." There was no practical way of sorting

  half-Jews individually, according to their political convictions. But 12 13 14

  12. See list compiled by Losener in his affidavit of February 28, 1948, NG-1944-A.

  13. Stuckart to Foreign Minister von Neurath, November I, 1935, enclosing

  LOsener memorandum, NG-
3941.

  14. The nature of these arguments is quite interesting, since they could have been

  used equally well against all anti-Jewish measures.

  71

  DEFINITION BY DECREE

  there was an automatic way of dealing with that problem. Losener

  proposed that only those half-Jews be counted as Jews who belonged

  to the Jewish religion or who were married to a Jewish person.

  The Losener proposal was incorporated into the First Regulation

  to the Reich Citizenship Law, dated November 14, 1935.13 * 15 In its final

  form

  the

  automatic

  sorting

  method

  separated

  the

  “non-Aryans”

  into

  the following categories: Everyone was defined as a Jew who (1) descended from at least three Jewish grandparents (full Jews and three-quarter Jews) or (2) descended from two Jewish grandparents (half-

  Jews) and (a) belonged to the Jewish religious community on September 15, 1935, or joined the community on a subsequent date, or (b) was married to a Jewish person on September 15,1935, or married one on a

  subsequent date, or (c) was the offspring of a marriage contracted with

  a three-quarter or full Jew after the Law for the Protection of German

  Blood and Honor had come into force (September 15,1935), or(d) was

  the offspring of an extramarital relationship with a three-quarter or full

  Jew and was bom out of wedlock after July 31, 1936. For the determination of the status of the grandparents, the presumption remained that the grandparent was Jewish if he or she belonged to the Jewish religious community.16 17

  Defined not as a Jew but as an individual of “mixed Jewish blood”

  was (1) any person who descended from two Jewish grandparents (half-

  Jewish), but who (a) did not adhere (or adhered no longer) to the

  Jewish religion on September 15, 1935, and who did not join it at any

  subsequent time, and (b) was not married (or was married no longer) to

  a Jewish person on September 15, 1935, and who did not marry such a

  person at any subsequent time (such half-Jews were called Mischlinge

  of the first degree), and (2) any person descended from one Jewish

  grandparent

  (Mischling

  of

  the

  second

  degree).

  The

  designations

  "Mischling of the first degree” and "Mischling of the second degree”

  were not contained in the decree of November 14, 1935, but were

  added in a later ruling by the Interior Ministry.1’

  In practice, therefore, Losener had split the non-Aryans into two

  groups: Mischlinge and Jews. The Mischlinge were no longer subjected

 

‹ Prev