Official Transcript of the American Military Tribunals Case No. 2 in the matter of the United States of America against Erhard Milch, defendant, sitting at Nurnberg, Germany, on 20 December 1946, 1000-1020, Justice Toms, presiding.
THE MARSHAL: Military Tribunal No. 2 is now in session. God save the United States of America and this honorable Tribunal.
THE PRESIDENT: The Marshal will ascertain whether the defendant, Erhard Milch, is present in Court.
THE MARSHAL: May it please Your Honors, the defendant is present in Court.
THE PRESIDENT: Is counsel for the defendant, Dr. Bergold, also present?
THE MARSHAL: Dr. Bergold is also present in the Court Room.
THE PRESIDENT: Prosecution nay proceed with the arraignment by reading the indictment.
MR. DENNEY: If Your Honors please, Military Tribunals Case No. 2, the United States of America against Erhard Milch, defendant.
INDICTMENT "The United States of America, by the undersigned Telford Taylor, Chief of Counsel for War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges the defendant Erhard Milch with the commission of War Crimes and Crimes against Humanity, as defined in Control Council Law No. 10, duly enacted by the allied Control Council on 20 December 1945.
The defendant Milch between 1939 and 1945 was: Secretary of State in the Air Ministry, Inspector General of the Air Force, Deputy to the Commander in Chief of the Air Force, and Member of the Nazi Party. The Defendant Milch was also Field Marshal in the Luftwaffe 1940-1945, Aircraft Master General 1941-1944, Member of the Central Planning Board 1942-1945, and Chief of the Jaegerstab 1944-1945.
The War Crimes and Crimes against Humanity charged herein against the defendant Milch include deportation, enslavement and mistreatment of millions of persons, participation in criminal medical experiments upon human beings, and murders, brutalities, 1 a cruelties, tortures, atrocities, and other inhumane acts.
"1. Between September 1939 and May 1945 the defendant Milch unlawfully, willfully, and knowingly committed War Crimes as defined by Article II of Control Council Law No. 10, in that he was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving slave labor and deportation to slave labor of the civilian populations of Austria, Czechoslovakia, Italy, Hungary, and other countries and territories occupied by the German armed forces, in the course of which millions of persons were enslaved, deported, ill treated, terrorized.
"2. Between September 1939 and May 1945 the defendant Milch unlawfully, willfully, and knowingly committed Jar Crimes as defined by Article II of Control Council Law No. 10, in that he was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving the use of prisoners of war in war operations and work having a direct relation with war operations, including the manufacture and transportation of arms and munitions, in the course of which murders, cruelties, ill treatment, and other inhumane acts were committed against members of the armed forces of nations then at war with the German Reich and who were in custody of the German Reich in the exercise of belligerant control.
"3. In the execution of the plans and enterprises charged in Paragraphs 1 and 2 of this Count, millions of persons were unlawfully subjected to forced labor under cruel and inhumane conditions which resulted in widespread suffering. At least 5,000,000 workers were deported to Germany.
The conscription of labor was accomplished in many cases by drastic and violent methods. Workers destined for the Reich were sent under guard to Germany, often packed in trains without adequate heat, food, clothing or sanitary facilities, other inhabitants of occupied countries were conscripted and compelled to work in their own countries to assist the German war economy and on fortifications and military installations. The resources and needs of the occupied countries were completely disregarded in the execution of the said plans and enterprises. Prisoners 2 a of war were assigned to work directly related to war operations, including work in munitions factories, loading bombers, carrying ammunition, and manning anti-aircraft guns.
The treatment of slave laborers and prisoners of war was based on the principle that they should be fed, sheltered, and treated in such a way as to exploit them to the greatest possible extent at the lowest expenditure.
"4. The defendant Milch from 1942 to 1945 was a member of the Central Planning Board which had supreme authority for the scheduling of production and the allocation and development of raw materials in the German war economy. The Central Planning Board determined the labor requirements of industry, agriculture and all other phases of German war economy, and made requisitions for and allocations of such labor. The defendant Milch had full knowledge of the illegal manner in which foreign laborers were conscripted and prisoners of war utilized to meet such requisitions, and of the unlawful and inhumane conditions under which they were exploited. He attended the meetings of the Central Planning Board, participated in its decisions and in the formulation of basic policies with reference to the exploitation of such labor, advocated the increase use of forced labor and prisoners of war to expand war production, and urged that cruel and repressive measures be utilized to procure and exploit such labor.
"5. During the years 1939-1945 the defendant Milch, as Secretary of State in the Air Ministry, Inspector General of the Air Force, Deputy to the Commander in Chief of the Air Force, Field Marshal in the Luftwaffe, Aircraft Master General, and Chief of the Jaegerstab, had responsibility for the development and procurement of arms and munitions for the German Air Force. The defendant Milch exploited foreign laborers and prisoners of war in the arms, aircraft and minitions factories under his control, made requisitions for and allocations of such labor within the aircraft industry, and personally directed that cruel and repressive measures be adopted towards such labor.
3 a "6. Pursuant to the order of the defendant Milch, prisoners of war who had attempted escape were murdered on or about 15 February 1944.
"7. The said War Crimes constitute violations of international conventions, particularly of Articles 4,5,6,7,46 and 52 of the Hague Regulations, 1907, and of Articles 2,3, 4,6, and 31 of the Prisoner-of-war Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article II of Control Council Law No. 10.
"8. Between March 1942 and May 1943 the defendant Milch unlawfully, willfully, and knowingly committed war Crimes as defined in Article II of Control Council Law No. 10, in that he was a principal in, accessory to, ordered, abetted, took a consenting part in and was connected with plans and enterprises involving medical experiments without the subjects' consent, upon members of the armed forces and civilians of nations then at war with the German Reich and who were in the custody of the German Reich in the exercise of belligerent control, in the course of which experiments the defendant Milch, together with divers other persons, committed murders, brutalities, cruelties, tortures, and other inhumane acts, Such experiments included, but wore not limited top the following:
"(A) HIGH ALTITUDE EXPERIMENTS. From about March 1942 to about August 1942 experiments were conducted at the. Dachau concentration camp for the benefit of the German Air Force to investigate the limits of human endurance and existence at extremely high altitudes. The experiments were carried out in a low-pressure chamber in which the atmospheric conditions and pressures prevailing at high altitudes (up to 68,000 feet) could be duplicated.
The experimental subjects were placed in the low-pressure chamber and thereafter the simulated altitude therein was raised. Many victims died as a result of these experiments and others suffered grave injury, torture, and ill 4 a treatment.
"(B) FREEZING EXPERIMENTS. From about August 1942 to about May 1943 experiments were conducted at the Dachau concentration camp primarily for the benefit of the German Air Force to investigate the most effective means of treating persons who had been severely chilled or frozen. In one series of experiments the subjects were forced to remain in a tank of ice water for periods up to three hours. Extreme rigor developed in a short time. Numerous victims died in the course of the experiments. After the survivors were severely chilled, rewarming was attempted by various means. In another series of experiments, the subjects were kept naked outdoors for many hours at temperatures below freezing. The victims screamed with pain as parts of their bodies froze.
"9. The said War Crimes constitute violations of international conventions, particularly of Articles 4, 5, 6, 7, and 46 of the Hague regulations, 1907, and of Article II, III and IV of the Prisoner-of-War Convention (Geneva, 1929), the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article II of the Control Council Law No. 10.
"Between September 1939 and May 1945, the defendant Milch unlawfully, willfully, and knowingly committed Crimes against Humanity, as defined by Article II of Control Council Law No. 10 in that he was a principal in, assessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving slave labor and deportation to slave labor of German nationals and nationals of other countries in the course of which millions of persons were enslaved, deported, ill treated, terrorized, tortured, and murdered. The particulars of those crimes are set forth in Count One of this Indictment and are incorporated herein by reference.
"Between March 1942 and May 1943, the defendant Milch unlawfully, willfully, and knowingly committed Crimes against Humanity as defined in Article II of Control Council Law No. 10 in that he was a principal in, assessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving medical experiments without the subjects' consent, upon German nationals and nationals of other countries, in the course of which experiments the defendant Milch, together with divers other persons, committed murders, brutalities, cruelties, tortures, atrocities, and other inhumane acts. The particulars of such experiments arc set forth in Count Two of this Indictment and arc incorporated herein by reference.
"The said Crimes against Humanity constitute violations of international conventions, the laws and customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and Article II of Control Council Law No. 10.
"WHEREFORE, this Indictment is filed with the Secretary General of the Military Tribunals and the charges herein made against the above named defendant are hereby presented to the Military Tribunals.
"Telford Taylor, Brigadier General, United States Army, Chief of Counsel for War Crimes, Acting on Behalf of the United States of America, Nuremberg, 13 November 1946."
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THE PRESIDENT: The defendant will stand. You have heard the indictment just read?
ERHARD MILCH: Yes.
THE PRESIDENT: And it has been translated into the German language which you understand?
ERHARD MILCH: Yes.
THE PRESIDENT: For more than 30 days you have had in your possession a copy of this indictment translated into the German language?
ERHARD MILCH: Yes.
THE PRESIDENT: You have also had tho benefit of Dr. Bergold's counsel for at least 30 days?
ERHARD MILCH: Yes.
THE PRESIDENT: Now then to this indictment how do you plead, guilty or not guilty?
ERHARD MILCH: Not guilty.
THE PRESIDENT: The Secretary General will enter upon the records of tho Court tho defendant's plea of "Not Guilty", You may be seated.
The Tribunal has sot tho second day of January, Thursday, 1947 for the commencement of the trial of this action. Will the United States be ready on that date?
MR. DENNEY: The Government will be ready at that time, Your Honor.
THE PRESIDENT: Dr. Bergold, will you be ready to proceed with the trial on the second of January?
DR. BERGOLD: Yes.
THE PRESIDENT: In the absence of any intervening factors which may necessitate changing this date, tho Court orders the trial to proceed then upon the second of January, 1947, at 9:30 in the forenoon. The trial will be conducted in Room 581 of this building rather than this court room.
Are there any further details which the Government wishes to take up with the Tribunal at this time?
MR. DENNEY: None at this time, Your Honor.
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THE PRESIDENT: Dr. Bergold, is there any matter which you wish to take up with the Tribunal at this time - any other matter?
DR. BERGOLD: No.
THE PRESIDENT: Very well, the order having been entered for the commencement of the trial, this Tribunal will be in recess until that time.
(The Tribunal adjourned until 2 January 1947 at 0930 hours.)
Official Transcript of the American Military Tribunals, Court No. 2, in the matter of the Uni bed States of America against Erhard Milch, defendant, sitting at Nurnberg, Germany, on 2 January 1947, 0950, Justice Toms, presiding.
THE MARSHAL: Military Tribunal 2 is now in session. God save the United States of America and this Honorable Tribunal.
THE PRESIDENT: The record will show that the defendant and his counsel are present in Court. r. Denney, you may proceed to offer the prosecution.
MR. DENNEY: May it please Your Honors, this defendant is Erhard Milch, Field Marshal in the Luftwaffe, Inspector General of the Luftwaffe, State Secretary in the Air Ministry, General Luftzeugmeister, sole representative of the Wehrmacht on the Central Planning Board, Chief of the Jaegerstab, and member of the Nazi Party.
This man is accused of war crimes and crimes against humanity in that he took part in the program for the enslavement and ill-treatment of the civilian population of vast territories conquered by the Armed Forces of Germany and in the employment of prisoners of war in tasks forbidden by the laws and customs of war. He is also accused of the torture and murder of concentration camp inmates and prisoners of war who were made the unwilling subjects of savage and fatal medical experiments.
The life of Erhard Milch is a story of personal and professional betrayal. A man of high intelligence, of great executive ability, he misused these talents, to dedicate them to a scheme for conquest and a plan for the enslavement of the world. The ten years of military service of the defendant from the ages of 18 to 28 which took him through the First World War were a perfect preparation for the tasks to come. From 1915 to 1919, Milch was a scout, observer, adjutant and squadron chief in the German Air Force. At the very infancy of military aviation, the defendant began an association which was to last through his entire public career. It was at this time that he learned the needs and the problems of flying men, a knowledge which was to stand him in such good stead in his work as the founder of the Luftwaffe.
The defendant never dissociated himself from the aims and ideals of German militarism. He became one of the silent army of men who remembered, hated, and hoped, but unlike many others, this man did not sit idly by. He did not wait passively for Germany to rise again, he devoted his best efforts towards that end. In 1921, only one year after his discharge from the Army, we find him working as Chief of air operations in the new business of commercial aviation.
There is no necessity to fill out in detail the successive steps in the defendant's rise in civilian air transportation--a few broad strokes suffice. The next significant event in his career came in 1925 when he joined the state sponsored Lufthansa which within three years he was to form into the nucleus of a new air force. It is no emphemism that he was called the Father of German Air Transportation.
When Hitler came into power in 1933, Milch acceeded to the requests of both Goering and Hitler and assumed the additional duty of State Secretary in the Air Ministry. It was understood from the start and it was confirmed in 1937 that Milch would succeed Goering as Chief of the German Air Force in the event of the latter's death or withdrawal. By the time the new Luftwaffe had publicly emerged from such embryos as the Air Sport League, the Air Defense League and the Flying Hitler Youth, the defendant had become a Generalleutnant (the equivalent of the American Major General). The honors which followed: Field Marshal in the Luftwaffe in 1940, which was gained from two months' participation in the invasion of Norway; General Luftzeugmeister in 1941; member of the Central Planning Board in 1942; Chief of the Jaegerstab in 1944, were proof alike of the evil genius of Erhard Milch and of his complete compatibility with the Nazi ambitions and methods.
This defendant became a member of the Nazi Party in May 1933. His work in the party was important. He was indeed one of the little group of specialists of whom Mr. Justice Jackson, in his closing address before the International Military Tribunal, aptly said:
"It is doubtful whether the Nazi master plan could have succeeded without their specialized intelligence which they so willingly put at its command. They (speaking of Goering, Keitel, Jodl and the rest) did so with the knowledge of its announced was and methods and continued their services after practice had confirmed the direction in which they were tending. Their superiority to the average run of Nazi mediocrity is not their excuse. It is their condemnation."
Various Germans allowed themselves to be absorbed into tho Nazi Party for a variety of reasons. Depression, financial and business betterment, ambition, discouragement with the previous political situation and human weakness in the face of terrorism all played their part in the recruitment of the Nazi machine. There were few cases in which a man made as clear, as deliberate and as discreditable a choice of Naziism as did Milch.
The high esteem in which the defendant was held by Hitler and his position within the inner circle of Nazi militarists can be seen from the fact that he was one of a party of fourteen of Hitler's highest and most trusted officers who attended a conference in the new Reich Chancellory on May 23, 1939) at which Hitler made known to his military chiefs his plans and objectives.
All in all, two points stand out in even a quick survey of Milch's career: first, he never accepted the defeat of Germany in the First World War, his life between The wars was devoted to the work of placing Germany in a position to challenge the world in the matter of air supremacy; and second, he was a man who was unlikely to allow either difficulty or honor to stand in the way of the accomplishment, of his purpose--the objectives of the Nazi Party. If these characteristics are borne in mind, much of the defendant's fanaticism and the unbelievable savagery with which he adhered to the Nazi plan for conquest at the expense of all values of human decency, may be seen as the natural consequences of the acts of a man with his criminal philosophy.
We have then, at the outbreak of the war, this man, already within the inner circle, already devoted to the Nazi scheme of things and quite essential to their fulfillment, with a record of organization and with the work of preparation behind him--poised with his companions for the kill.
We see the air armadas, which were the labor of his love, helping to shatter Poland within 18 days, helping to reduce the Lowlands to smoking ruins within a few days' time, assisting in the subjugation of the French military machine and in driving the British from the continent in a period of a few weeks. We see the hordes of the Fatherland racing on and on with the air arm always overhead, preparing the way, until Germany had overrun a territory from the Normandy Coast to Moscow and from the Norwegian Sea to El Alemain.
Then began the occupation, the next step in the plan of the Third Reich--an empire which was to last a thousand years. Over an entire continent there spread the deadly rigor of a "Pax Germanica" in which there was to be one citizen class, one race of supermen, and the balance, one class of slaves. At first the occupation overlords maintained the appearance of legality. They gave receipts for the property they plundered, they offered inducements to the laborers they shanghaied, they went through the mockery of signing contracts which were both illusory and fraudulent. But even this sham disappeared as the war went on, and as early as 1942, the German occupation appeared in public as the ugly thing it was, complete with armed recruiters, military escorts on deportation trains and prison camps for the workers brought into Germany. Mr. Justice Jackson, in his opening address on behalf of the United States of America before the International Military Tribunal, vividly described the character and extent of the slave labor program in the following words:
"Perhaps the deportation to slave labor was the most horrible and extensive slaving operation in history. On few other subjects is our evidence so abundant and so damaging. A speech of the defendant Frank, Governor General of Poland, made on January 25, 1944 boasts, 'I have sent 1,300,000 Polish workers into the Reich.' The defendant Sauckel reported that 'out of the five million foreign workers who arrived in Germany, not even 200,000 came voluntarily.
' Children of 10 to 14 years were impressed into service. When enough slave labor was not forthcoming, prisoners of war were forced into war work in flagrant violation of international conventions. Slave labor came from France, Belgium, Holland, Italy, and the East. Methods of recruitment were violent. The treatment of these slave laborers was stated in general terms, not difficult to translate into concrete deprivations, in a letter to the defendant Rosenberg from the defendant Sauckel; it is stated:
'All the men (prisoners of war and foreign civilian workers) must be fed, sheltered and treated in such a way as to exploit them to the highest possible extent at the lowest conceivable degree of expenditure.'" Working as we do every day with crimes of unbelievable enormity, we are apt to become quite deadened to the hideous nature of specific crimes.
It is, therefore, well to stop and consider the particular offenses with which this man stands charged.
Crimes are best evaluated in terms of the rights they violate. The evil, slavery, which is the deprivation of another' liberty is best judged through a consideration of its opposite good, freedom. Freedom is, to an extent, properly regarded as the symbol of human progress, the measure of civilization. Much of man's history can be expressed in terms of his fight for freedom. Man's personal freedom is his most precious prerogative, the exercise of his free will is his distinctive function. The building of a legal structure to protect the freedom of the individual is the basic purpose of good government. Men have lived for freedom, worked for it, fought for it and died for it.
It is precisely because of their destructive effects on the freedom of the individual that governments such as the Nazi German State are so hatefully and essentially evil. The Nazi rise to power is a story of duress which ripened into slavery, first for the people within Germany and then for those in the lands she conquered. The enforced labor program was no expedient forced upon Germany by the exigencies of war. It Was a basic concept of the Nazi scheme and the permanent destiny of these who would come under the German yoke.
It is most natural, therefore, that Control Council Law No. 10 which was enacted for the guidance of this and other tribunals which are set up for the trial of the principals in the crime of Nazi Germany should deal in very severe terms with that most Nazi of all crimes - slavery. Article II, Paragraph 1 (section b) specifically names among the enumerated war crimes the ill-treatment or deportation to slave labor cf civilian populations from occupied territory and the murder or ill-treatment of prisoners of war.