He Who Holds The Devil

Laws of Death

Episode 3 – The Laws of Death

28th April 1961 in a television interview broadcast on the West German television network Dr. Hans Globke declares that he had only first heard of the “Nuremberg Laws” and listened with great surprise when the press and broadcasters announced them.

Earlier in the year in an interview with Die Zeit he had declared something similar  when he said “I had not even know that is was intended to pass these laws.”

Why, after twenty six years since the proclamation of the Nuremberg Race laws and sixteen years after the second world war in Europe was brought to a close was Dr. Hans Globke, the man responsible for the Name Change laws of the Third Reich that stole the names from the Jewish people of Germany and her conquered territories, speaking about the Nuremberg Laws for the first time in a very long time?

Its the 14th of July 1950, a balding gentleman disembarks from a ship that had departed Genoa almost a month earlier. He arrives on an international red cross visa that had been provided to him by a Bishop by the name of Alois Hudal. He wears large round glasses pushed high up on the bridge of his nose and his eyes dart around his new surroundings, the harbour of Buenos Aires. He wears a suit, fitting for the frame of a professor, and despite a month in the sea air his leather shoes gleam in the light. The mustachioed man presents his passport to the immigration guards who give it a cautious glance. They see that he was born in Bolzano in the Italian Tyrol he was born out of wedlock and only his mother, Anna, is listed on his passport. Also stamped into his passport is an entry visa, in the name of Richardo Klement. With all the papers in order, he is waved through.

First of all he makes his way to Tucuman province, and takes some low paying jobs, then in 1952 he moves back to Buenos Aires where he is joined by his family. After a few more low paying jobs his luck finally shows up. He starts a job at Mercedes-Benz, where he rises through the ranks quickly and becomes a department head.

In 1956 the daughter, Sylvia, of a half Jewish German by the name of Lothar Hermann who had emigrated in 1938 to escape the Nazis persecution starts to date a young man by the name of Klaus.

Klaus was boastful, a young man of a strong hard headed nature. He boasted of his father’s exploits as a Nazi, recanting tales with pride. Yet he lived with his uncle, in Buenos Aires. Sylvia told her father of the young man she was dating and the tales he was telling, and her father in turn told Fritz Bauer, a prominent prosecutor in Hesse in West Germany. Hermann had a feeling, that this uncle of Klaus was more than he appeared.

Hermann sent his daughter to investigate further a great risk for anyone in a country littered with Nazis in hiding, but especially for a girl with Jewish ancestry. She was to travel to the home of Klaus to meet with him in the hopes of discovering more of this mysterious uncle. Yet when she knocked up on the door it was not Klaus who opened but the bespectacled balding Richardo, the man who had disembarked from the ship with papers organised by Alois Hudal. Richardo invited her in, explaining that Klaus was not yet at home but she would be more than welcome to wait for him, and duly short while later Klaus arrived. However, upon his arrival Klaus addressed his uncle it as uncle but rather, father.

Hermann passed this information on to Fritz Bauer who intern passed it on to the director of Mossad Isser Harel. A team was dispatched and arrived in Buenos Aires on the 1st of March 1960. Surveillance of the man known as Ricardo Klement continued for seven weeks. For seven weeks they documented, followed, charted and observed the methodical life of Ricardo Klement.

After much planning and preparation an eight man team sprung into action on the 11 May 1960. As Ricardo Klement stepped from a bus after his working day, one of the team, Peter Malkin, approached and spoke to Ricardo in Spanish. The surprise appearance of this man shocked Ricardo, but there was little he could do. Two more people sprung from the dark and the three together wrestled Ricardo Klements him to the ground. He was then moved to the floor of a car where, under a blanket he was hidden.

11 days later Ricardo, who had been kept secret in a safe house, was flown drugged and dressed as a flight attendant via Senegal to Israel. At his final destination, a cap was placed upon his head. The capturing team and assembled politicians took a step back and looked at the man they had captured. The prime minister David Ben-Gurion then announced before the Knesset and the world, that Adolf Eichmann, had been captured.

[INTRO MUSIC] This is…[podcast name] episode 3 – The Laws of Death.

[AUDIO CLIP GÖRING  https://www.youtube.com/watch?v=I3D_SSTMcjE ]

That was the voice of Hermann Göring announcing to the press and the world of the creation of the Nuremberg laws, announced to and passed by the Reichstag on the 15th of September 1935 and published a day later. These Nuremberg Laws as they became known in reference from where they were announced by Hermann Göring were to lay the foundations for the frame work that would eventually lead to the holocaust.

Since Hitler’s early speeches in Munich, where he stood in the Bierkellers speaking before steadily growing crowds the NSDAP had made little secret of its hate of the Jewish people. In Mein Kampf, Hitler’s semi-autobiographical 1925 book, a book that he used to outline his political ideology and plans for Germany, written in his prison cell at Landsberg prison Hitler would write;

“Here [the Jew] stops at nothing, and in his vileness he becomes so gigantic that no one need be surprised if among our people the personification of the devil as the symbol of all evil assumes the living shape of the Jew. The ignorance of the broad masses about the inner nature of the Jew, the lack of instinct and narrow-mindedness of our upper classes, make the people an easy victim for this Jewish campaign of lies.”

Hitler and his Propaganda chief Dr. Joseph Goebbels would enact a campaign where the imagery of the Jewish people and the devil would be consistently juxtaposed. On propaganda Hitler would write;

“The function of propaganda does not lie in the scientific training of the individual, but in calling the masses’ attention to certain facts, processes, necessities, etc., whose significance is thus for the first time placed within their field of vision… All propaganda must be popular and its intellectual level must be adjusted to the most limited intelligence among those it is addressed to. The function of propaganda is not to weigh and ponder the rights of different people, but exclusively to emphasise the one right which it has set out to argue for. Its task is not to make an objective study of the truth, its task is to serve our own right, always and unflinchingly.”

As Hitler’s popularity grew in Bavaria, Dr Goebbels took to heart the task at hand. To spread the word of Hitler as far and wide as possible, to encompass the masses and “to call their attention to certain facts.” With Goebbel’s organisation Hitler would depart on a tour, making use of the air for its more direct efficiency than by rail. His speeches attracting large masses, where he, Hitler, would lay before the collected people that their problems and the problems Germany was facing were a result of the Jewish people.

Even after Hitler had obtained power and consolidated it shortly thereafter, the vile language and use of the Jewish people in his propaganda and the propaganda of Dr. Goebbels and the NSDAP continued. It resulted in the boycott of Jewish businesses of April 1st 1933 that I spoke of in episode 2. But there was a danger.

In the quote from Hitler he speaks that the “intellectual level must be adjusted to the most limited intelligence.” The issues was what was to be done about those who were intelligent or had the drive to learn, or even try to decipher the Nazis rhetoric.

Joseph Goebbels on Opernplatz [https://www.youtube.com/watch?v=orykna-4orw&t=33s]

Dear fellow students! German men and women! The age of exaggerated Jewish intellectualism has now come to an end, and the breakthrough of the German Revolution has cleared the German way again. and the coming German person will not only be a person of the book, but also a person of character. and we want to do that as an educator. Boys already have the courage to look into life’s merciless eyes to unlearn the fear before these gates, to find reverence at the gate again that is the task of this boy, And so you are well advised to entrust the spirit of the past to the flames at this midnight hour. This is a strong, great and (…) symbolic action, – an action that is supposed to document all over the world: here the spiritual basis of the November Republic sinks to the ground, but from this rubble the phoenix of a new one will rise victoriously

Joseph Goebbels spoke as books torn from the shelves of the libraries that surrounded the Opern Platz were thrown into the flames of a funerary prior erected at the centre of the platz. He spoke of the Jew and the German as separate entities, not one of the same. That the Jewish intellectualism had been holding Germany back and restricting the nation. He spoke to the crowds building his words creating an enemy within the state. It would be sooner or later a solution would have to be found. To separate the Jew and the German.

In a circular, The Ministerial circular of the Prussian ministry of the Interior dated 26th of July 1935 prepared and commentated on by Dr. Globke it is noted;

“The Reich Government intends to address the issue of marriage between Aryans and Non-Aryans within a short time to be generally regulated by law. So not before the conclusion of this regulation, I determine the following: The registrars have in all cases of marriage in which they are known or it can be proven that one person is full Aryan, the other full Jew, to postpone the marriage until further notice.”

In the commented collection of laws from judge Roland Freisler and Dr. Ludwig Grauert, Dr. Globke would comment “Legislation that introduces racial disparity as an obstacle to civil rights will soon be forthcoming. Until then, the registrars in the framework circumscribed by the Circular of 26th July 1935, have to refrain from participating in marriages endangering the racial unity of the German people.”

Laws were certainly in preparation, laws that were being fashioned with the help of Dr. Globke’s superior Dr Wilhelm Stuckart.

When Göring stood in Nuremberg on the 15th of September 1935 and proclaimed the Nuremberg laws he was proclaiming the creation of three laws. The first was the Reichsflaggengesetz, the law the once and for all defined the flag of the Reich, not as the black, red and gold, synonymous with the Weimar republic and its supporters, nor of the black, white and red flag of the German Empire that had been adopted again with Hitler’s assent into power, now the sole flag of the Nazi Reich was the Nazi party flag, the Hakenkreuz, or Swastika, emblazoned at its centre.

The second law was to have a far greater impact. The Reichsbürgergesetz.

The Reichsbürgergesetz defined who was the subject of the state and what rights they were entitled to. It stated that a Subject of the state is a person who enjoys the protection of the German Reich and who in consequence has specific obligations toward it. It also stated;

A Reich Citizen is a subject of the state who is of German or related blood, and proves by his conduct that he is willing and fit to faithfully serve the German people and Reich.

and sets out a condition

Reich Citizenship is acquired through the granting of a Reich citizenship certificate.

and that

The Reich citizen is the sole bearer of full political rights in accordance with the law.

The second of the race laws, Gesetz zum Schutze des deutschen Blutes und der deutschen Ehre, or the Protection of German Honour and German Blood, was to have much farther reaching consequences.

It opened, “Moved by the understanding that purity of German blood is the essential condition for the continued existence of the German people, and inspired by the inflexible determination to ensure the existence of the German nation for all time, the Reichstag has unanimously adopted the following law, which is promulgated herewith:”

The articles that followed forbade marriages between Jews and citizens of German or related blood, marriages that took place against this law were invalidated, even if they took place abroad. Even the extramarital relations between Jews and Germans were forbidden.

But who was responsible for the law? The third article of the Reichsbürgergesetz solved this issue. It was then the duty of the Reich Minister of the Interior, to issue the legal and administrative orders required to implement and complete this law.

So the law was incomplete and the definition of the Jew had been left specifically vague. How could a law that separated the Jew and the German racially be implemented if there was no specification as to who qualified as a Jew.

The first ordinances to try and clarify in the eyes of the law who constituted a Jew were published on the 14th of November later that same year, 1935. A law, that in the television interview of April 1961 Dr. Globke admitted helping to craft and create. The decree clarified that a Jewish half breed was someone who is descended from one or two full Jewish grandparents, a full Jewish grandparent being defined as someone who belonged to the Jewish religious community.

A full Jew is defined as being descended from three fully Jewish grandparents. However, if descended from just two Jewish grandparents, a person would be considered a full Jew if they; belonged to the Jewish Community upon the enactment of the law, were married to a Jew at the time of the adoption of the law or afterwards married one, and a child would be considered a full Jew if they were born out of wedlock after 31st July 1936 as a result of the extra marital relations with a Jew.

The law on marriage between a German and a Jew was extended, now Jews with only one Jewish grandparent couldn’t marry a “German or similar.” In explanation as to what constituted a Jewish household it was explained that a household was considered Jewish if a Jewish man was considered the household leader, or belonged to the household.

It was in the same Ordinance under section 4 which verbally and clearly stole the Jewish Germans rights from them. It said;

“A Jew can not be a Reich Citizen. He is not entitled to a vote in political issues, he can not hold public office.”

It was also this section that would force all Jewish people who held public office to retire at the end of the year.

(It is also important to note that in the time between the announcement of the Nuremberg Race Laws, and Dr. Globke’s circular of 14th of November 1935 he had also managed, according to Minister of the Interior Frick’s letter to Rudolph Hess, Deputy Führer, of 25th April 1938, to contribute to and help with the crafting of the Law for the protection of the hereditary health of the German People. A law that forbade marriage to those who carried a hereditary disease or a disease that could be passed to the other part. If one suffers from a mental disorder that seems undesirable to the people.)

Dr. Globke and the Reichs Ministry of the Interior crusade to subjugate and persecute the Jewish people within Germany was relentless. Later in the same year on the 21st December 1935 a second ordinance for the Reichsbürgergesetz was issued which clarified the meaning of public office.

Then in March 1936 Dr. Globke and Dr. Stuckart worked closely together to clarify their ideas further. Together they released Volume 1 of their comments on German racial legislation. It was this commentary that became the expanded basis for the interpretations of the Nuremberg Laws. So well regarded was their work that Judge Roland Freisler would state in the Journal “German Justice” dated 3rd April 1936 that “the commentary should not be in absence in any library of a Justice.”

The Beck’sche Publishers wrote, “It gets its special meaning in that it comes from two authors officially involved in the racial legislation of the state., Secretary of State Dr. Stuckart and his close associate, senior government councillor Globke. It will be interesting for every Volksgenossen, the Party authorities, courts, registry offices and health departments as a valuable and authoritative guide.”

In the Ministerial Blatt the significance of the work by Dr. Globke and Dr. Stuckart was recognised, and the impact it was to have started to become clear, as it reads “both authors were officially involved in the establishment of the racial law and are therefore primarily relied upon for their interpretations. The basic explanatory work will be shared by all Volksgenossen, the party authorities, authorities, courts, registry offices and Health departments and provide a valuable service.” The commentary was to go far and wide and shape the ideas of those within the state in regards to the Jews.

So what did their commentary actually say?

Within the introduction, they write that blood and race for both people and state is an essential component of the National Socialist world view. They continue to write under the title “The problem of the Jews and the mixed race,” that “Since Judaism is alien in its blood and innermost nature, according to Germanism, tensions between the two are a necessary consequence.” They continue to say that the so called Mischling is a danger to German blood, and therefore the security of the German people. That the two Nuremberg laws create a clear divorce between Germanism and Judaism.

They then use an interesting word. Modus Vivendi, a co-existence, that they say is fair to all. It is hard to imagine how either thought that the stripping of Jewish peoples rights, relinquishing them of their citizenship, forcing the Jewish public servants from their jobs and their heritage was to be fair to all. Especially when they finish the paragraph with “Their [the laws that is] basic meaning is that they prevent the penetration of further Jewish blood into the German national body for all future.” And later they state, “The Jewish problem is not just of racial biology, a solution is needed for the centuries in political, economic and sociological terms.”

Dr. Globke’s later claims made to West German television that he pushed for the most lenient or defused the application of the racial laws appear self protective, the laws and commentaries of his past speak otherwise. His laws were carefully considered to not allow for exceptions. If a full German marries a Jewish person and converts to join Judaism their grandchildren would be considered as fully Jewish, to which he writes “A rebuttal is not allowed.”

He would also argue over the internal struggle of the blood, stating if a first degree Mischling marries a Jew he prooves that the Jewish blood is stronger and they should be treated as a full Jew.

Sexual intercourse was redefined to as limit extramarital relations. Now sexual intercourse included verb-like actions.

Those who fell foul of the Racial Laws and their commentaries were treated with the greatest disdain and subject to horrifying  punishment. At the trial of Dr. Globke in 1963 the court heard the testimony of Witness Hüt. Hüt had been sent to the Sachsenhausen Concentration camp as an inmate under protective custody. Where he met seventy six inmates who were in the camp because of racial shame. They had to sew onto their shirts a black border, this meant that they were a race defiler, and over the subsequent days the inmates were hounded to death on the roll call grounds. 75 died within the week from beatings and mistreatment, one, who the SS guards had thought was dead survived long enough for the inmates to drag him to the hospital where he later died after a few days.

It would also appear that the later statements of Dr. Globke when he stated that he did his most to help those Jewish people in need would also appear to be a fabrication of the truth.

Gertrude Pfitzner wished to go to University, yet her mother was considered Jewish, despite the support of the local NSDAP leadership to allow her to attend, when a formal request was submitted to the Reichs Ministry of the Interior and passed across Dr. Globke’s desk it was declined, the initial wording of the denial “Das ich” or that I, was crossed out in favor of the more ambiguous “Der RMdI” meaning the Reichs Minister of the Interior.

It didn’t even matter that a Jewish person, Paul Veit had helped NSDAP party members escape Austria after the ban on the party in 1933, when it came to his request to be exempt from the marriage law as he wished to marry a non-jew. His fiance was forced to state that she had no intention of marrying him when she was threatened with her father losing his job as a headmaster. Upon appeal Dr. Globke would write “I have no reason to do anything in your marriage permit matter. Signed Dr. Globke.” Paul Veit would end up in Theresienstadt Concentration camp, which he was fortunate to survive.

The cases would stack up of Jewish people wishing to marry their loved ones, loved ones who they were equal with before the ascensions to power of the Nazis but who were now not even second class citizens, as to be a second class citizen you had to be a citizen of somewhere, which the laws that Globke helped to create and expand upon stole from them. Some were threatened to end their relationships altogether, some like Egon Schubert, a Jewish Mischling, stood tall before the supreme court of the DDR in 1963 at the trial of Dr Globke and recanted how Dr. Globke instructed the district president of Schneidmühl to give a negative decision in the request for Egon Schubert to marry his fiance. After fighting for the wehrmacht and receiving the Iron Cross second class he was told to end his relationship altogether or as the letter he received stated “expect the strictest of State Police measures.”

The court documents of 1963 speak of a witness R. whose husband had managed to flee but herself and her son, who was regarded as Jewish had not been successful. She sought the help of a Dr. Schütze her told her to request help from Dr. Globke. Dr. Globke asked is she had divorced her husband, which she answered no, he remarked, “Then you stick with the Jew. You should have thought better of that. Do not imagine that your son can still be saved by a divorce!”

As time progressed the laws got stricter and stricter, on the streets signs would be erected stating “Jüden Verboten,” in the Ministry of the Interior laws would be passed limiting the use of public facilities like spas and bathing facilities to the Jewish Population.

Still Dr. Globke continued on with his work and using his own initiative. He wished for ways to end the camouflaging of the Jewish people even further, finding ways to identify them with greater ease. In one case he telegrammed Bern on the 17th September 1938 suggesting that all German passports for Aryans have the words “valid for Switzerland” meaning those without those three words would be Jewish. However, someone else had already thought of an even crude solution, the passports of Jews were stamped with a large letter J in red across the information page. Visible identification was now becoming a priority.

It was on the basis of the Reich Citizenship Law and the Protection of German Honour and German Blood law that created the legal foundation and thus the legal persecution of the Jewish population of Germany and later of the territories occupied by the Third Reich. Dr. Globke’s commentary on the laws found its way across the German Reich, it was deposited in the libraries of not just lawmakers but ministries and departments.

On the 31st of January 1942 the laws of Dr. Globke also found themselves being referenced in a secret communique. The communique begins.

The evacuation of Jews to the East which has recently been carried out in individual areas, represents the beginning of the final solution of the Jewish question in the Old Reich, the Ostmark and the protectorate of Bohemia and Moravia.

It later states,

In the course of this evacuation campaign, all Jews in accordance with §5 of the 1st Ordinance to the Reich Citizenship Law of the 14th Novemeber 1935 can be recorded.

It ends,

On behalf of, Adolf Eichmann.

Episode 3

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