Racial laws of the Third Reich. Legislation of Nazi Germany

From the first days of coming to power, Hitler began to implement his program, according to which Germany was to achieve new greatness. Its implementation was supposed to be carried out in two stages. At the first, the task was set to unite the Germans into a kind of “national community”; at the second, to turn it into a “combat community”.

To unite the Germans into a single community, it was necessary to cleanse the Aryan race of “foreign blood”, to overcome class, confessional, and ideological contradictions, which was achieved by eliminating political parties, except for the NSRPG, alien ideology, public organizations, except for the Nazi ones, loyal to the “Fuhrer and the Reich” , as well as by “unifying the state apparatus,” etc. Having done this “ internal work", Germany, according to Hitler's plan, could begin to work "externally", the most important task of which was to conquer living space, ousting the peoples living there, mainly the peoples of Eastern Europe, through a merciless, bloody war.

The change in Hitler's “stages” was directly reflected in legislation and changes in the mechanism of the fascist dictatorship. On March 24, 1933, the Reichstag adopted the Law “On Eliminating the Plight of the People and the State,” on the basis of which the government receives legislative rights, including on budget issues. It was also allowed that the norms of laws adopted by the government could directly deviate from the norms of the Constitution of 1919, which formally continued to be in force (with one clause that was soon abolished - “if they do not have as their object the Reichstag and the Reichsrat”). The law specifically emphasized that agreements with foreign states and their implementation do not require parliamentary approval. Formally, the law was adopted as temporary until April 1, 1937; in fact, it became the permanent fundamental law of the fascist state.

After the death of President Hindenburg on August 1, 1934, by government decree, the post of president was abolished, and all power was concentrated in the hands of Hitler - the “leader” and lifelong Reich Chancellor, who was given the right not only to appoint the imperial government, all senior officials of the empire, but also his successor. From that time on, Hitler began the systematic destruction of all possible paths of opposition, which was a direct embodiment of the Nazis’ programmatic guidelines and the main requirement they introduced - fanatical, blind submission to the will of the “Führer of the German people.” totalitarian regime fascist germany

Following the ban of the Communist Party in March 1933, all trade unions were dissolved in May of the same year, and the Social Democratic Party was outlawed in June 1933. Other parties that were active before Hitler came to power “dissolved themselves.” In July 1933, the existence of any political parties other than the fascist one and the organizations led by it was prohibited by law.

By pursuing an “integration policy between the state and the party,” the Nazis “unified” not only the parties, but also the press.

In December 1933, the Law “On Ensuring the Unity of the Party and State” was published, declaring the fascist party “the bearer of German state thought.”

In accordance with this law, Hitler personally formed the fascist Reichstag (on the basis of lists “approved” by the plebiscite), and only persons from the Nazi party elite were appointed to the posts of ministers and other positions. Moreover, it was subsequently prescribed that any appointment to a public office made without the consent of the appropriate body of the Fascist Party would be considered invalid.

In order to further concentrate power, or “unify the political regime in the empire and regions,” the Law of April 7, 1933 “On the merger of regions with the empire” began to appoint, as a rule, from the Gauleiters of the Nazi Party, governors (stadholders), vested with all powers of government. On January 30, 1935, a new Law “On Imperial Governors” was adopted.

The imperial governors, according to this law, were “representatives of the imperial government” in the territories under their jurisdiction, whose task was to “monitor the implementation of the political directives of the Fuhrer and the Reich Chancellor.”

In 1935, the regulation “On German Communities” eliminated the last remnants of local self-government. All city burgomasters began to be appointed by the Minister of the Interior for 12 years from candidates nominated by local Nazi party organizations. He was also entrusted with the right of supreme supervision over all communities.

The state apparatus was purged from “inappropriate persons”, from all those who began working in the apparatus after 1918, from persons of non-Aryan origin,” marriages of officials with “non-Aryan women” were prohibited, etc.

The functions of party and state bodies were closely intertwined. This interweaving, however, did not mean their complete merging.

An important link in the mechanism of the fascist dictatorship became the bodies carrying out large-scale ideological indoctrination of the German people. In March 1933, the Ministry of Public Education and Propaganda was created, led by Goebbels, to which the press, radio, book publishing houses, etc. were subordinate. The Ministry of Public Education and Propaganda was under the jurisdiction of the “imperial chamber of culture”, which controlled music, art, theater. The cultural policy of the “Third Reich” was aimed at creating “an ideologically homogeneous society in racial and ideological terms”, at turning literature and art “into military weapon party." At the same time, special supervision was established "over the spiritual and ideological training and education of party cadres," and for this purpose, even a special government department was created in 1934. The liberal and democratically minded best representatives of German culture, as well as " racially unworthy" persons, who later received the name "subhumans".

Particular attention in the country was paid to the indoctrination of young people in the spirit of militarism, chauvinism and racism, whose mentality was controlled by fascist youth organizations (Jungfolk, Hitler Youth, etc.). The leader of the Hitler Youth was officially called the “Youth Leader of the German Reich” and was personally responsible to Hitler as Führer and as Reich Chancellor.

The Nazis created a powerful terrorist apparatus, which began to take shape even before they came to power. In 1920, the first armed detachments arose - the “order service” of the fascists, which was assigned the role of guarding fascist gatherings. However, these detachments were used most often to create disorder at rallies of leftist forces, to attack workers' speakers, etc. In 1921, the “order service” received the name “assault detachments” (SA). The SA detachments attracted declassed elements, soldiers and officers dismissed from the army, and bankrupt shopkeepers who were impressed by Nazi propaganda.

The SS (Security Service) included "general detachments", including the leadership of the Nazi party, representatives of big capital, cadets, military personnel, the top of the fascist intelligentsia, as well as armed " special units", created to carry out the special tasks of the Fuhrer. They were based on a regiment of Hitler’s personal bodyguards and “death’s head” units carrying out various activities to suppress opponents of the fascist regime.

In April 1933, the secret state police (Gestapo) was created in Prussia, which in 1936 was merged with the criminal police (KRIPO) into the security police (ZIPO). The Security Police, together with the Order Police (ORPO), which included the Security Police and the Gendarmerie, as well as the Special Order Service (SD), were under the authority of Reichsführer SS Himmler.

In 1939, the Main Directorate of Reich Security was created, subordinate to Himmler as Reichführer of the SS, who, together with Interior Minister Flick, planned the implementation of terrorist actions both in his country and in the occupied territories. Thus, in the summer of 1940, Flick and Himmler issued a decree on the destruction of the mentally ill, crippled, and elderly “useless for military purposes.” In pursuance of it, the Imperial Society of Medical and Care Institutions was created, in which 275 thousand Germans were killed.

The German judicial system has also undergone significant changes. In their activities, fascist judges proceeded from the principle of complete denial of the personal rights of German citizens. Charges of high treason followed for any type of oppositional activity to the regime.

In addition to ordinary courts, in each judicial district, back in 1933, special courts were created to deal with opponents of the fascist regime. In 1934, another form of exclusive court emerged, the so-called People's Tribunal for High Treason, in which not even a mandatory preliminary investigation was required.

The tribunal's verdicts were not subject to appeal; the tribunal itself appointed defenders for the accused. Military courts operated in the army. In the ground forces alone, for example, in 1944, military courts handed down 10 thousand sentences every month.

The aggressive goals of establishing world domination required the concentration of all the country's material resources, which could only be achieved through direct intervention of the fascist state in the economy.

The Law “On Preparation for the Organic Construction of the National Economy” of February 27, 1934, which embodied the Nazi ideas of “Führerism” and “self-government” in industry (as in other areas of the economy), prescribed the formation of economic associations, which became the only representatives of the relevant sectors of the economy. All sectors of the economy were divided into “imperial groups”, the number of which was at first 12, and then reduced to 6: industry, banks, trade, insurance, energy, handicraft production.

In 1935, on the basis of the secret Law "On Imperial Defense", the Council of Imperial Defense and a special department - the Office of the Commissioner General for War Economy - were established.

In 1936, a department was created to implement a four-year plan to transfer the entire German economy to a war footing, headed by Goering. Central planning affected the distribution of resources, limited entrepreneurial freedom and the formation of new enterprises eliminated competition.

The fundamental principle of the draft of the new civil code, work on which began in 1938, was the formula: “law is what is useful to the people and the Reich.” In accordance with this, the concepts of “property” and “legal entity” were revised, and such a form as “limited liability company” was rejected as an indispensable condition for activity joint stock company became his party leadership and party control. In Art. 70 of the Law “On Joint-Stock Companies,” adopted in 1937, directly stated that the board of a joint-stock company “must be guided by a sense of responsibility to the common good of the people and the Reich.”

The Nazis' policy towards workers was also subordinated to the goals of preparing and waging war - the policy of total control over them. Immediately after seizing power, the fascists dispersed the workers' trade unions and created the "German Labor Front" as a single, officially declared organization of workers, adjacent to the National Socialist Party, to which the cash registers, newspapers, and premises of the former trade unions were transferred. Entrepreneurial unions were also included in it, and entrepreneurs were declared “leaders” of enterprises. Based on the Law “On the National Labor Procedure” of 1934 and other regulations, they were given the right to determine working conditions, dismissal, collect fines, etc. The role of an “impartial intermediary” between entrepreneurs and workers was assigned to the fascist Ministry of Labor. For certain economic regions, this ministry appointed “guardians of labor” from large entrepreneurs.

In 1934, forced recruitment was introduced work force and its transfer to military factories, if this was required by tasks of “special state-political significance.” And in 1938, local authorities were given the right to compulsorily involve the population in any type of work in their free time from their main work.

In order to further concentrate military power in his hands, Hitler abolished the War Ministry in 1938 as an intermediate authority between him and the army, turning it from a military-political department into his personal headquarters of the Supreme Command of the Armed Forces (OKW), the central body of which became the headquarters of the operational manuals.

The commanders-in-chief of the ground, air and naval forces with their general staffs were directly subordinate to the Supreme Commander-in-Chief.

In March 1938, the independent state of Austria was annexed to Germany. The next victim of fascist aggression was Czechoslovakia. As a result of the Munich Agreement, concluded in September 1938 by England, France and Nazi Germany, Czechoslovakia lost a significant part of its territory, annexed to the Reich. This was the defeat of an independent state without military action, which was followed in 1939 by the military occupation of the country. In September 1939, Poland was captured by the Nazis. In July 1940 German troops occupied Paris, then new victories of the aggressor followed. By the time of the attack on the USSR, Germany controlled vast territories of Central and Eastern, and most of Western and Northern Europe.

During the Second World War, in which 61 states participated, more than 50 million people were killed, 11 million were destroyed in fascist concentration camps, and 95 million became disabled. The main burden of the war was borne by the Soviet Union, which for 4 years fought the Great Patriotic War, costing about 30 million lives of its citizens. The Soviet Union plays a decisive role in the defeat of the fascist war machine, and with it one of the most reactionary and aggressive states laying claim to world domination in human history.

Aryan myth of the III Reich Vasilchenko Andrey Vyacheslavovich

Consequences of the Nuremberg Racial Laws

At first glance, it seemed that the Nuremberg Laws were too “general in nature” and their “instant effect” was not obvious, because some of what was legally legal had already existed in practice for a long time. For example, although before the adoption of the Citizenship Law, Jews were still formally considered citizens of Germany, their actual oppressed position corresponded only to the status of subjects, but not full imperial citizens. The political rights of Jews were infringed even earlier. They were removed from public and government positions before September 1935 by previous legislation of the Nazi government. The same can be said about the paragraph concerning the ban on mixed marriages. In Germany, marriages were registered by municipal authorities, and even before 1935, each consent to a mixed marriage was issued by the authorities in exceptional cases, with an indispensable explanation to the person who was going to enter into a marriage with a “racially inferior individual”, male or female, of the harmfulness of such a step in the political, economically and personally. For example, in July 1935, by decision of the Berlin authorities, the registration of mixed marriages between “Aryans” and Jews was generally prohibited in the city.

The same can be said about the economic aspects of the Nuremberg Laws. In comparison with the legislative acts of 1933–1935 that were already in force, they did not worsen the already discriminatory position of Jews in the economic life of the country. What did these laws actually establish for the Jewish and “non-Aryan” population of Germany? Analysis of these documents, as well as the practical scope of their application, suggests that they main meaning consisted not so much in the actual intensification of persecution against Jews, but in the fact that the racial and ideological principles of National Socialism became official

new norms of state law with all the ensuing consequences.

Thus, Nazi racial principles were now legally introduced into German law, which marked the triumph of Nazi ideology in the country. In addition, the Nazi elite had the opportunity to give legal justification to all their anti-Jewish actions in the future (which is why almost all subsequent anti-Jewish laws and regulations Reich were formalized as additions to the Nuremberg Laws). In other words, the Nuremberg Laws were designed for the future and meant that the legal basis was laid for the most radical policies towards the Jews of Germany (and in the future, not only Germany). True, at that time only the initiated knew about it...

Some of the formulations of the Nuremberg Laws contained many racist “highlights” that spoke for themselves. Thus, the ban on Jews hiring servants from persons of “German or similar blood” under 45 years of age (§ 3 of the “Law for the Protection of German Blood and German Honor”) was, according to Nazi ideologists, supposed to ensure the protection of the Aryan race from the encroachments of Jews who hired female German servants into their homes, because 45 years of age was considered the limit for childbearing. In fact, this was an additional ban on sexual relations between Jews and Germans, which was fully consistent with the racial tenets of Nazism. Let us quote the corresponding fragment from Hitler’s book “Mein Kampf”: “The black-haired young Jew is impudently hovering around our innocent girl, and on his impudent face one can read the satanic joy that he will be able to spoil the blood of this girl with impunity and thereby deprive our people of more one healthy German mother. The Jews are trying with all their might to destroy the racial foundations of the people who should be subject to their yoke. The Jews not only try to spoil as many of our women and girls as possible. No, they do not stop at helping other nations in this regard. Didn’t the Jews bring blacks to the banks of the Rhine with the same ulterior motive and the same vile purpose - through incest, to bring as much harm as possible to the hated white race, to overthrow this race from its political and cultural heights, and then to sit on its back.”

§ 4 of the above-mentioned law, which spoke of the right of Jews “to use the colors of Jewish symbols,” had a purely propaganda significance, because in the Third Reich this symbolism was never officially defined, except for a special sign - the yellow six-pointed “Star of David”, which in the years Jews suffered wars in ghettos and death camps.

It is curious that, in accordance with § 1 of the “Citizenship Law,” belonging to the latter was determined not only on racial grounds (the presence of “German or similar blood”), but also by a person’s political loyalty. This meant that Germans who were opposed to the Nazi regime (communists, members of Catholic, Masonic organizations, etc.), just like Jews, were deprived of civil and political rights.

Prepared hastily, carelessly and legally sloppily, the Nuremberg Laws themselves are of interest only as the quintessence of Nazi racial theory, as the first material embodiment of one of the main ideas of National Socialism - “riding Germany of Jewry.” The general jubilation of the Nazis over their adoption soon gave way to general confusion - the general vague wording of these laws gave rise to more questions than answers. SD and Gestapo documents eloquently testify to the confusion that reigned in the minds of high Nazi functionaries before the first clear amendments to the Nuremberg Laws were promulgated. In the archives of the SD there is a report from the chief referent on racial issues at the offices of the Gauleiter of Saxony, a certain Dr. Wellgut, sent on September 26, 1935 to the “Jewish” report of the security service:

“...The racial law was created during the NSDAP congress on the night from Saturday to Sunday under the personal leadership of the Fuhrer, who until the last minute discussed the amendments made by Streicher and Schacht. The law for the protection of German blood is based on the theory of the so-called “impregnation” of Streicher, according to which sexual intercourse German girl with a purebred Jew leads to desecration and corruption of German blood. The issue of sterilization of “half-breeds” was also discussed, since it has been proven that the mixing of racially alien blood leads to dementia. The special identification mark of all Jewish enterprises will be the name of the owner in large Hebrew font and the word “exploiter” on German. Every Aryan girl working as a servant in a Jewish family, if her German blood is desecrated by the owner of the house, must receive a lifetime allowance from the desecrator. Everyone except Jews would automatically receive German citizenship on October 1, 1935. The status of “half-breeds” will be determined by a special commission. It has been established that the following are currently living in Germany: 550,000 full-blooded Jews (this group also includes “three-quarter Jews”), 200,000 “half-Jews” and 100,000 “quarter-Jews.” The idea was expressed that “half-breeds” should be more intensely attracted to German blood. The Fuhrer was against them marrying each other. In the event of war, it is planned to sterilize all racially alien elements in the country."

The interdepartmental chaos did not last long. Already on September 30, 1935, the Gestapo Headquarters sent a circular directive to all police authorities, signed by the Reich Minister of the Interior. The haste was completely justified - the laws came into force from the moment of their publication, and local authorities were still in the dark about how to apply them. With regard to purebred Jews, everything was clear. What if a person is not entirely or even “just a little” Jewish? Before the amendments to the laws were issued - they were hastily prepared by the Ministry of Justice - this directive was intended to become practical guide for local authorities. It explained the content of some articles of the “Law for the Protection of German Blood and German Honor” as it relates to marriages between Jews, “half-breeds” and full-blooded citizens of the Reich. The fifth paragraph of the circular directive prescribed:

“Proof of origin is established on the basis of the birth certificates of the bride and groom, as well as the marriage certificates of their parents, provided by the persons intending to marry. If the documents presented are questionable, local authorities may require the presentation of additional evidence confirming the origin of the bride and groom.”

Amendments to the Nuremberg Laws (both in essence and in form - instructions for their application) were published two months after their adoption. Until this time, local municipal authorities acted in accordance with the directives of the Reich Ministry of the Interior. Control over their implementation was entrusted to local police authorities. Relevant recommendations were sent through the NSDAP right up to the party leaders of residential areas - the “blockführers”.

Already on November 14, 1935, the first amendment to the Citizenship Law was published, clarifying the legally unclear provisions of the new law. Of particular importance were paragraphs 4 and 5, concerning the position of Jews in the Reich. They sounded like this:

“…§ 4.(1) A Jew cannot be an imperial citizen. He has no right to vote on matters relating to politics. He cannot hold public office...

§ 5.(1) A Jew is considered to be one whose three parents were pure Jews.

(2) A person born in a mixed marriage, a citizen of the state, descended from two purebred Jews - the parents of his parents, is also considered a Jew if he:

a) at the time of the publication of the law belongs to the Jewish community or was admitted to it later;

b) at the time the law was issued, was married to a Jew or entered into such a marriage later;

c) comes from a mixed family described in subparagraph 1, registered after the Law on the Protection of German Blood and German Honor of September 1, 1935 was adopted;

d) is illegitimate child, one of whose parents was a Jew, as described in § 1."

The second definition of the concept of “Jew,” which remained in force until the fall of the Third Reich, did not indicate the position of persons who had one or two Jewish ancestors, the parents of their parents, and who did not express “solidarity” with Jewry by marriage with a Jew or his belonging to the Jewish community. An explanation from the Nazi authorities very quickly appeared on this matter. These individuals were divided into two categories:

those whose both parents were Jewish;

those who had only one grandfather or grandmother who was Jewish.

Both of these categories were considered entirely "non-Aryans" but were given most of the same rights as "real" Germans at the time, but few restrictions were placed on them. But when the time came for the “final solution to the Jewish question,” the “problem of mixed Jews” arose again, because from the standpoint of Nazi racial legislation, these people were still “defiled by Jewish blood.”

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In September 1935, Nazi Germany passed two separate pieces of legislation, collectively known as the Nuremberg Laws, the Reich Citizenship Law and the Law for the Protection of German Blood and German Honor. These laws embodied many of the racist theories underlying Nazi ideology. The Nuremberg Laws became the legal basis for the systematic persecution of Jews in Germany.

On September 15, 1935, Adolf Hitler came forward with the postulates underlying the Nuremberg Laws. German Parliament ( Reichstag), which consisted exclusively of Nazis, passed these bills. Anti-Semitism was at the core of the Nazis' beliefs, so Hitler called an emergency meeting of parliament at the annual Nazi Party meeting in the German city of Nuremberg.

REICH CITIZENSHIP LAW

The Nazis had long sought a legal definition that would identify Jews not on the basis of religion, but on the theory of racial anti-Semitism. Jews living in Germany were not easy to identify by appearance alone. Many of them abandoned the rituals and traditional Jewish appearance, integrating into mainstream society. Some Jews no longer practiced Judaism and even began to celebrate Christian holidays with their non-Jewish neighbors - especially Christmas. And even more Jews began to marry Christians or convert to Christianity.

According to the Reich Citizenship Law and numerous explanatory regulations on its implementation, only people of “German or related blood” had the right to be German citizens. The law determined who was (or was not) a German, and also who was (or was not) a Jew. The Nazis rejected traditional views according to which a person was considered a Jew if he was a member of the Jewish religious or cultural community. Instead, they argued that Jews were a race defined by birth and blood.

Despite the persistent statements of Nazi ideologists, there was no scientific basis for separating Jews into a separate race. Thus, to determine a person's race, Nazi legislators used their family genealogy as a basis. Individuals with three or more second-generation ancestors (grandparents) born into the Jewish religious community were legally considered Jews. Grandparents born into the Jewish religious community were considered to be part of the “Jewish race.” Their “racial status” was passed on to their children and grandchildren. In accordance with the law, Jews living in Germany were not citizens, but “subjects” of the country.

This legal definition of "Jew" in Germany included tens of thousands of people who did not consider themselves Jewish or had no religious or cultural ties to the Jewish community. For example, according to this definition, Jews were considered to be persons who converted from Judaism to Christianity. In addition, in this case, people whose parents or grandparents converted to Christianity were also recognized as Jews. By law, they were deprived of German citizenship and their basic rights.

To further complicate the situation, a number of people living in Germany were not classified by the Nuremberg Laws as either Germans or Jews - this applied to those people who only had one or two second-generation ancestors (grandparents) born in the Jewish religious community. These persons of "mixed racial origin" were called "half-breeds" (German: Mischlinge). They had the same rights as "racial" Germans, but their rights were continually curtailed as further laws were passed.

LAW FOR THE PROTECTION OF GERMAN BLOOD AND GERMAN HONOR

The Second Nuremberg Law, a law for the protection of German blood and German honor, prohibited marriages between Jews and German citizens. Sexual relations between these groups were also criminalized. Such relations were called "racial pollution" ( German Rassenchande).

In addition, this law prohibited Jews from hiring German women under 45 years of age as servants. This was done to prevent men from inducing servants to commit “racial pollution.” Thousands of people were accused of committing “racial pollution” or simply disappeared in concentration camps.

THE SIGNIFICANCE OF THE NUREMBERG LAWS

The Nuremberg Laws reversed the process of Jewish emancipation, during which Jews living in Germany became full members of society and full citizens of the country. More significantly, they laid the groundwork for further anti-Semitic measures by drawing a legal distinction between Germans and Jews. For the first time in history, Jews were persecuted not because of their beliefs, but because of their birth - theirs or their parents'. In Nazi Germany, nothing could make a Jew a German: neither profession, nor beliefs, nor actions, nor statements. As a result, many Germans who had never practiced Judaism or had not practiced it for many years fell victims to Nazi terror.

Although the Nuremberg Laws only mentioned Jews, they also applied to the black and gypsy populations of Germany. The status of racial outcasts for Jews, blacks and Roma gypsies contributed to the persecution of these categories of the population in Germany.

During World War II, many countries that entered into an alliance with Germany or found themselves dependent on it adopted laws similar to Nuremberg. By 1941, Italy, Hungary, Romania, Slovakia, Bulgaria, the Vichy regime in France, and Croatia had passed anti-Jewish legislation similar to the Nuremberg Laws of Nazi Germany.

Gestapo. Terror without borders Bem Yuri

Chapter 2 “Nuremberg Laws”

"Nuremberg Laws"

Jews in Germany were increasingly subjected to increased pressure. Through various regulations they were deprived of a number of rights. The “Law prohibiting Jews from occupying certain professions” was passed. Thus, “non-Aryan” notaries, doctors and dentists were disqualified and the activities of lawyers were severely limited. Already in September 1933, Jews were almost forced out of the cultural sphere, where their presence became possible only within narrow boundaries. An event just as scandalous as systematic bans on working in one’s specialty was the so-called “Aryanization,” when the possessions of Jews were transferred to “Aryans.” First, small enterprises were selected whose owners belonged to the middle class of the population. 100,000 of these enterprises were transferred “to the Aryans.” By 1938, 60 percent of all Jewish property had been “Aryanized.” Propaganda Minister Goebbels guaranteed these actions complete success, believing that they opened the way to limitless anti-Semitic policies.

While not many Jews left the country in 1934, in March and April next year their number has increased significantly. Subsequently, a continuous anti-Semitic boom began, and increasingly with obvious abuse of power. Then the Minister of the Interior, Frick, abolished a number of significant imperial rights for Jews by legislative means.

Anti-Semitic laws were aimed not only at pushing Jews out of the economy, but also at implementing a policy of “racial purity.” Sexual relations between Jews and Aryans began to be punished by law. A powerful anti-Semitic propaganda campaign was launched. Articles in the reactionary newspaper Stürmer, directed against Jews, led to the situation constantly leading to pogroms.

Terror of the Browns shock troops raged everywhere with unabated force.

The adoption of anti-Semitic laws in Germany took place especially intensively in the period from April to October 1933, after which there was some lull. The comparative instability of the new regime, friction between the SA and the army, economic difficulties, as well as the natural fading of the “revolutionary enthusiasm” characteristic of the first months after the victory - all this slowed down legislative activity. During 1934 the Nazis, and especially Hitler, tried different ways strengthen the regime, and the Jewish problem at this stage ceased to be paramount, of course, in a tactical sense, and not in a fundamentally ideological sense.

In addition, the Ministry of Economics and some German functionaries were concerned about this state of affairs, since all these anti-Semitic antics had a negative impact on the German economy. Economy Minister Hjalmar Schacht proposed to Interior Minister Wilhelm Frick, despite the restriction of Jewish activity in economic sphere, still establish control over unbridled terror. The “Jewish question,” in his opinion, should have been resolved not in such an obvious way, but on a certain legal basis. And by the end of August 1934, the anti-Semitic Sabbath began to gradually subside, as Frick eased the pressure on the Jews.

Some areas of German public life still remained accessible to Jews. They continued to be considered ordinary German citizens.

However, in 1935 the situation changed dramatically. The creation of the Gestapo, where Himmler and Heydrich persistently pursued their racial policies and strongly encouraged anti-Semitism, served as the basis for the emergence of new forms of activity against the Jews.

The initiators were local party organizations: for example, the Hitler Youth of the “land” of Bavaria independently organized anti-Semitic actions. In the spring and summer of 1935, Jews were arrested in the case of “race desecration”, accused of having intimate relations with Aryan women, which culminated in a pogrom on Berlin’s Kurfürstendamm square on July 15, 1935. The Gestapo felt the need to “show themselves in action.”

The expression of the new attack on the Jews was the so-called “Nuremberg Laws”: two legislative acts that contained provisions on Reich citizenship and determined the status of Jews in Germany. The laws were adopted by the Reichstag on September 15, 1935 and signed by Hitler at the party congress in Nuremberg. They were prepared in extreme haste - within two days.

So, “full of the consciousness that the purity of German blood is a prerequisite for the continued existence of the German people, and inspired by the unbending will to preserve the German nation for the future, the Reichstag unanimously adopted the following two laws:

I. LAW FOR THE PROTECTION OF GERMAN BLOOD AND GERMAN HONOR 1(1). Marriage between Jews and citizens of German or related blood is prohibited. Marriages concluded contrary to this are invalid, even if they are concluded abroad in violation of the law. (2). Cancellation of an already concluded marriage can occur only at the request of the prosecutor. 2. Intimate relations between Jews and subjects of the state of German or similar blood are not permitted. 3. Jews do not have the right to hire servants from state subjects of German or similar blood under 45 years of age. 4.1. Jews are prohibited from touching the flags of the Reich and the “Lands” and using the colors national flag. 4.2. Jews can use the colors of their symbols, and this right is protected by the state. 5.1. Violation of the prohibition referred to in paragraph 1 is punishable by imprisonment. 5.2. Violation of the prohibition referred to in paragraph 2 is punishable by arrest or imprisonment. 5.3. Violation of the prohibition referred to in paragraphs 3 and 4 is punishable by imprisonment for up to one year and a fine or one of these penalties. 6. The Minister of the Interior, in consultation with the Deputy Fuehrer and the Minister of Justice, is obliged to develop instructions for the implementation of this law. 7. The law comes into force from the date of its adoption, and paragraph 3 - from January 1, 1936. A. Hitler. W. Frick, F. Gürtner, R. Hess.

II. REICH CITIZENSHIP LAW 1 (1). A subject of the state is anyone who is under the shadow of the German Reich and is therefore especially obliged to its protection. (2). Nationality of the Reich is granted in accordance with the provisions of the Law on Nationality of the Reich and the State. 2 (1). A citizen of the Reich is only a subject of the state of German or similar blood, who has proven by his behavior that he is ready and worthy to faithfully serve the German people and the Reich. (2). The right of citizenship is conferred by the issuance of a certificate of Reich citizenship. (3). Only a Reich citizen has all political rights under the Law. 3. The Minister of the Interior, in agreement with the Fuehrer, issues administrative instructions for the implementation and execution of this law. A. Hitler, V. Frick.”

Analysis of the text of these laws shows that the main meaning that the authors put into them was to intensify persecution against Jews. Some of what was now legally legislated was already being put into practice. Before the adoption of the “Reich Citizenship Law,” Jews were still formally considered citizens of the Reich, but in fact their position was so powerless that declaring them, according to the Law, not citizens, but only subjects, did not come as a surprise to the Jews. They did not have political rights until September 1935, since they were expelled from all public posts by previous legislative acts. The same applied to the paragraph banning mixed marriages. Marriages in Germany were civil, performed with the consent of municipalities, and decisions on mixed marriages were issued by the authorities in exceptional cases. For example, already in October 1933, the mayor of Mainz ordered that every marriage between Aryans and Jews be reported to him personally. This information was transmitted from the mayor's office to the local branch of the National Socialist Party, and from there officials turned to the Aryan groom or bride, explaining to them what impact such a marriage could have on their personal life.

As for the economic situation of the Jews, in comparison with the discriminatory laws of 1933 - 1935, which have now received final legalization, the Nuremberg laws did not worsen it.

Then what was their special meaning? The fact is that:

a) the racial principle until that time had been exclusively ideological, and not of a state nature, but was now legally enshrined in German legislation;

b) it became possible to give legal grounds to all anti-Semitic actions of Nazism.

All subsequent laws against Jews and Reich regulations were already formalized as additions to the Nuremberg laws.

Since the “Law on Citizenship” seemed too “generalized” to its implementers, two months later, on November 14, 1935, the first amendment was published, clarifying some provisions of the new law. Of particular importance were paragraphs 4 and 5, concerning the position of Jews in the Reich:

4(1). A Jew cannot be a citizen of the Reich. He has no right to vote on matters relating to politics. And he cannot hold public positions.

5(1). A Jew is considered a citizen with an admixture of Jewish blood, who descended from two grandfathers or grandmothers - purebred Jews, in the following cases:

a) at the time of the publication of the law belonged to a religious Jewish community or was admitted to it later;

b) at the time of the publication of the Law, was married to a Jew or married a Jew later;

c) was born from a marriage with a Jew (according to clause 5–1), which was concluded by virtue of the Law for the Protection of German Blood and German Honor of September 15, 1935;

The second definition of the concept of “Jew,” which remained in force until Germany’s defeat in World War II, did not indicate the position of persons who had one or two Jewish ancestors, parents of their parents, and persons who did not express “solidarity” with Jewishness through marriage to a Jew or through commitment to the community.

A clarification on this issue quickly appeared. These persons were divided into two categories: the first included those who had two of their parents being Jews; to the second - those who only had one grandfather or grandmother who was Jewish.

Both categories were considered completely non-Aryan, but minor restrictions were placed on them. However, when the time came for the “Final Solution of the Jewish Question,” the question was again raised of what to do with “mixed” Jews, since they were considered “defiled” by Jewish blood.

Lawbreakers were even sent to concentration camps. Such cases were typical not only for villages and small towns. Berlin resident Margit Siebner recalled how an “Aryan” woman was driven around a large German city with a banner around her neck: “I’m a big pig, I slept with a Jew!”

As a curiosity, we note, however, that despite ideological prohibitions, there were also isolated cases when some of the “unclean” ones, for services rendered to the Nazi authorities, became honorary Aryans and were excluded by the authorities from the “black lists.” For example, in Holland in 1940, this title was received by the Director General of the Ministry of Economics, H.M. Hirschfeld, “for his great contribution to strengthening economic ties between the two countries, as well as for continuing activities to strengthen the Dutch economy” during its occupation by the Nazis.

After the Nuremberg Laws and the "legal amendment" were passed, legislative activity directed against Jews practically ceased. The fact is that in 1936 the Winter and Summer Olympic Games were to be held in Germany, and anti-Semitic policies were temporarily removed from the agenda. In addition, the Nazis themselves began to doubt the correctness of their chosen path. Should they accept Jews living in the Reich or not?

Hitler wrote in his comments on the Nuremberg Laws: “The legislation against the Jews, of course, infringed on their rights, turning these people into an oppressed national minority, but at the same time it laid the legal foundations for their residence in the Reich, giving them legal status.”

Therefore, in the mid-30s, legislative anti-Semitic activity was suspended: all decrees and instructions issued after this date were just an auxiliary means for solving the Jewish question in some other way.

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On September 15, 1935, at the Nazi party congress in Nuremberg (by that time only deputies from the NSDAP remained in the German parliament, so the Nazi party congresses were equivalent to meetings of the Reichstag), two racial laws were adopted: - “The Law for the Protection of German Blood and German Honor” ( appendix 3) and “Reich Citizenship Law”. (add. 2)

These laws became the apogee of anti-Jewish legislative activity. They regulated three main issues:

3) How to regulate interpersonal (sexual) relations between Jews, mestizos and Germans.

Back in the summer of 1935, radical anti-Semites held a campaign in support of the ban sexual relations between Jews and Germans. Nazi publications such as "The Expert on the Jews" (Der Judenkenner), "The Attack" (Der Angriff), Rosenberg's " World battle with Jewry" (Weltkampf) and Streicher's "Stormtrooper" (Der Sturmer) published cartoons and reports about the "atrocities of the Jews." In April 1935, the “stormtrooper” was full of screaming headlines: “Ritual murder in Lithuania!”, “Jewish doctors are sexual maniacs and murderers,” “Passover! An annual holiday in memory of the most ancient ritual murder! Throughout Germany, gangs of stormtroopers beat up people of “Jewish appearance.” In an article that appeared in April 1935 in the new SS weekly Das Schwarze Korps,

it was stated that it was possible to stop the notorious outrages of the stormtroopers only by making “racial treason” a criminal offense.

Although there were significant contradictions in German society itself. Sopade's 1935 reports characterized anti-Semites as "primitive beings" and noted that four-fifths of the German population condemned the campaign to denigrate the Jews. Even some party members continued to buy from Jews, often placing orders by telephone to avoid detection. In 1935, a small scandal erupted in Berlin - an alert bank clerk discovered a paid check issued by the mayor Heinrich Salm in the name of a Jewish tailor.



And there were disagreements within the party leadership itself. They lay in the ideological contradictions that arose between Streicher and Schacht. On the one hand there was the “theory of impergence”, of which Dinter and Streicher were adherents. It received literary form at the height of the First World War. In 1917, the best-selling novel Sin Against Blood appeared, written by Arthur Dinter, one of the co-founders of the NSDAP. It said that every Jewish woman, in the event of contact with a Jew, was forever “infected with Jewry,” so that even the children she later conceived from a non-Jewish man were also Jews. This magical “Jewish influence” was called “telegony” or “remote conception.” Julius Streicher, Gauleiter of Franconia and publisher of the anti-Semitic pogrom leaflet Stürmer, would later call it “impergence” or “penetrating infection.” However, this theory completely fell out of the theoretical paradigm modern biology heredity, which was based on the theory of germ plasm put forward by August Weismann, as well as on the rediscovered hereditary laws of Mendel, and thereby corresponded to the modern level of knowledge about the process of human conception. This socio-biological movement subsequently adopted the “Nordic idea” of Hans Günther.

At the party congress, a sharp conflict broke out between supporters of both anti-Semitic theories. The new law would have to cool intra-party ideological conflicts and balance social contradictions, while creating a legislative basis for further anti-Jewish actions and activities.

The Reich Citizenship Law made a clear distinction between state subjects and Reich citizens. According to Article Two, a citizen can only be one who has “German or related blood and who by his behavior proves the desire and ability to serve the German people and the Reich.” That is, imperial citizenship was not automatically granted to all Germans or bearers of Nordic blood. Everyone was required to be loyal and willing to serve the German people and the Reich. Before receiving citizenship, a person had to prove by his behavior that he had fulfilled these essential conditions. In principle, these conditions could be considered fulfilled unless there is evidence to the contrary. This formulation actually meant the deprivation of German citizenship, first of all, of Jews and politically “unreliable” citizens (socialists and communists, opponents of the Nazi regime and ideology).

Particular debates have flared up around the content of the concept “Jew”. Thus, supporters of the theory of “impergence” provided for the assignment of the status of “Jew” to a German or “German by blood” if they were married to a Jew, as a result of which their children automatically became Jews. Lawyers from the Ministry of the Interior objected to this, citing in their support the argument that administrative structures that needed stable criteria for identifying individuals would not be satisfied with such a vague concept of “Jew.” Moreover, this would be dangerous from the point of view of the biology of heredity, because thereby the state would give up 50% of the valuable German hereditary mass.

That's why new law made distinctions between Jews, mestizos and persons with German blood. A distinctive feature of the affiliation of these groups was the nationality of the grandparents. A person of German blood was considered to be the one in whose family there was not a single Jew. A Jew in Germany was now considered to be someone who descended from three purebred Jews - grandparents. It turns out that in order to become a Jew, you had to have a Jewish father or mother, both of whose parents were Jews. Quite strict and clear criteria. Covering either the Jewish population or the part of the German population most related to them. The concept of “half-breed” was introduced - a person with an admixture of Jewish blood, who in the third generation descends from one or two pure-blooded Jews. This means that a person who had a Jewish grandmother on his mother’s side and, for example, a Jewish grandfather on his father’s side became ½ a Jew. If he had only one Jewish grandfather or grandmother, then he was considered ¼ Jewish. Further, depending on the ancestors of the Jews found in family tree, could become 1/8 or 1/16 Jewish. Also, some more concessions were made for supporters of the theory of impergance. For example, in paragraph 5, paragraph 2 of the “first order to the Reich Citizenship Law” additional criteria are introduced for identifying a person as a Jew:

1) A Jew is considered to be someone who, when the law was issued, belonged to the Jewish religious community or was later accepted into it.

2) Anyone who was married to a Jew when the Law was issued or married a Jew later.

3) One who is born from a marriage with a Jew in the sense of paragraph 1, which was concluded after the entry into force of the “law for the protection of German blood and honor” of September 15, 1935.

4) One who is born of an extramarital affair with a Jew.

Also, the laws contained moments that had symbolic meaning. For example, paragraph 4 of the “law for the protection of German blood and German honor.” He forbade Jews from raising the flag of the Reich and the lands and using the colors of the state flag. At the same time, paragraph 2 stipulated that they were allowed to use the colors of Jewish symbols. Perhaps the purpose of this addition was to simplify the identification of persons Jewish nationality V Everyday life, a kind of “forerunner” of the Star of David. Also, in paragraph 3 of this law, Jews were not allowed to hire female domestic servants of German or related blood from among subjects under 45 years of age. In Germany, it was believed that the limit of childbearing age was 45 years. People older than this age cannot have children.

It is worth noting that people who are “half-breeds” are full citizens of the Reich and can enjoy all rights (Paragraph 1 paragraph 1, paragraph 2 paragraph 1 of the “first order to the Reich Citizenship Law”). But marriage relations between them were strictly regulated. The whole point can be expressed in the fact that the only restriction was to prevent an increase in the amount of Jewish blood. And such marriages were concluded only with the permission of “the Reich Minister of the Interior and the Deputy Fuhrer or the authorities established by him” (paragraph 3 paragraph 1 of the “first order for the implementation of the Law for the Protection of German Blood and German Honor”), which certainly gave the administrative structures another mechanism impact on society.

Thus, on the one hand, the laws corresponded to the ideas of both supporters of the theory of impergence, and supporters of the Minister of Finance Schacht and lawyers from the Ministry of the Interior. But there was one more thing. Not all Germans were anti-Semitic. The attitude towards anti-Jewish pogroms and actions carried out by members of the SA was ambiguous. And the future Olympic Games, which were to be held in Germany in 1936, should not have been disrupted. And the world community did not at all encourage the anti-Jewish actions of Nazism. This explains the general neutrality of the laws. In fact, their wording did not stipulate increased persecution of Jews. All the norms that are indicated there existed in German society even before the adoption of the Nuremberg laws, even in the form of job descriptions and orders.

For example, before the adoption of the citizenship law, Jews were formally considered citizens of the Reich, but in fact their position was so oppressed that declaring them, according to the law, not citizens, but only subjects, was not a sudden infringement of their rights. They did not have political rights until 1935, since they were removed from all public posts by previous legislative acts. The same applied to the paragraph banning mixed marriages: in Germany, marriages were civil and took place with the consent of municipal authorities. Thanks to the Law on Professional Officials, the representatives of these municipal authorities were mainly members of the NSDAP, who were not at all eager to enter into mixed marriages. If the marriage took place between representatives of the “Aryan race and the Jewish race,” then the municipal authorities considered it their duty to explain what impact such a marriage could have on his economic status and personal freedom. As early as the summer of 1935, Interior Minister Funk recommended that marriage applications submitted by mixed couples be shelved. However, apparently this ban could not be introduced immediately, or it did not give the results that were expected. Perhaps that is why in August 1935, Himmler’s deputy Heydrich complained: “Officials who act according to the dictates of their conscience and prohibit mixed marriages often fail in the courts,” and demanded prohibition laws.

Analysis of the text of these laws shows that the main meaning that the authors put into them was not the actual intensification of persecution against Jews. The adoption of these laws was of fundamental importance. The racial principle, until then ideological, was now introduced into German legislation, becoming a generally binding state ideology and legislative norm. No other piece of legislation could contradict the provisions of the Nuremberg laws. This was especially true for issues of purity of race and blood. Paragraph 6 of the “first order to the Reich Citizenship Law” states:

(1) If the laws of the Reich or the regulations of the National Socialist Workers' Party and its subdivisions impose requirements for the purity of blood that go beyond the scope of paragraph 5, they remain unaffected.

(2) Other requirements for purity of blood that go beyond the scope of paragraph 5 can only be made with the consent of the Reich Minister of the Interior and the Deputy Fuehrer. If demands of this kind already exist, they are abolished as of January 1, 1936, unless they have been approved by the Reich Minister of the Interior in consultation with the Deputy Fuehrer. Applications for admission must be submitted to the Reich Minister of the Interior.

This could not mean anything other than the triumph of national socialist ideology in the country. The Nazis also had the opportunity to give legal justification to all anti-Jewish actions of Nazism in the future.

Chapter 4.

FATAL YEAR.

1938 became a key year in the history of Nazism. Its name - “the fateful year” - is taken from a document of the German Foreign Office dated January 25, 1939, or more precisely, from a circular of the German Foreign Office on government policy towards the Jews in 1938: “The ultimate goal of German policy towards Jews - this is the emigration of all Jews living within the Reich...” One of the first phrases in this document reads:

“Apparently, it is no coincidence that 1938, a fateful year, not only better revealed the concept of a great Germany, but also, at the same time, brought the solution of the Jewish question closer. German policy towards the Jews was both a cause and a consequence of the events of 1938.”

It is important to note that this document is dated January 25, 1939 - that is, it was released just five days before Hitler's speech in the Reichstag in honor of the sixth anniversary of his coming to power. In this speech, Hitler sets out his political concept regarding the general situation in Europe, including talking about the possibility of an imminent war and about policy towards the Jews. In the “Jewish part” of his speech, the Fuhrer for the first time publicly expresses an open threat towards the Jews: “And today I will again be a prophet: if international Jewish financiers in Europe and beyond are able to once again drag the peoples into world war, then the result of the war will not be the Bolshevization of the world and, therefore, the triumph of Jewry, but the destruction of the Jewish race in Europe.”

A circular from the German Foreign Ministry, issued in January 1939, links anti-Semitic policy with the general course of events of that year and turns it into one of the factors of German foreign policy in 1938. Therefore, it would be logical to talk about the anti-Semitic policies of the Third Reich in the general context of the events of 1938.

Until 1938, the Nazis tried to avoid major anti-Jewish actions. Until 1935, this was explained by the youth of the new regime and the weakness of the German army and economy. The Nazis removed Jews from the sphere government controlled and public social life. In 1936, the country hosted the Olympic Games, and the Nazis had to create an image of a respectable and prosperous Germany, with which anti-Semitism did not fit in any way. But the situation changed dramatically with the entry of Wehrmacht troops into the demilitarized Rhineland on March 7, 1936 and the outbreak of the Spanish Civil War in July of the same year. By mid-1937, the Western powers continued to pursue a policy of non-interference in Spanish events, as if not noticing the Italian-German intervention in the conflict on the side of General F. Franco. Gradually, the policy of non-intervention transformed into a policy of appeasement of fascist dictators on the European continent. At the same time, the Nazis, having assessed the situation, decided to go on the offensive. On November 5, 1937, a meeting was held at the Imperial Chancellery in Berlin, which went down in history as the “Hosbach Meeting,” at which Hitler announced his desire to annex Austria and part of Czechoslovakia. On March 13, 1938, the territory of Austria was annexed by Germany. The Anschluss was the first extension of Nazi power beyond the borders of Germany. After the Anschluss, employees of the “Jewish” department of the Gestapo appeared in Vienna to implement the policy of forced emigration in relation to more than 200 thousand Austrian Jews. A document from the German Foreign Ministry states: “However, the need for a radical solution to the Jewish question also stemmed from foreign policy events that led to the addition of 200,000 professing the Jewish religion in Austria to the 500,000 Jews, residents of the former Reich...” The result of the annexation of Austria was a sharp aggravation of the Jewish question already in pan-European scale, leading to the emergence of Jewish refugees, or, as it is code-named, the “political refugee problem.”

The Nazi authorities' policies aimed at removing Jews from Germany and later from Austria forced tens of thousands of people to leave the countries where they were born and raised. However, the number of refugees grew and it became impossible to ignore them.

An international conference dedicated to the issues of Jewish refugees was held in the French resort town of Evian-les-Bains from July 5 to July 16, 1938. Roosevelt called on the leaders of democratic countries around the world to discuss the issue of providing asylum to political refugees. The Evian Conference was attended by representatives of the USA, Great Britain, France, Belgium, the Netherlands, Australia, New Zealand, and a number of countries Latin America. From a circular from the German Foreign Ministry: “American President Roosevelt, who, as you know, is surrounded by a number of “Jewish advisers,” already in 1938 called for the convening of an international conference to resolve the issue of refugees, which took place in Evian but did not bring real results... To the question , where Jewish emigration should be sent, there was also no answer at the Evian Conference, since each of the participating states, declaring its fundamental readiness to take part in solving the refugee problem, announced the impossibility of accepting a large number of Jewish migrants within its borders... Even emigration in the amount 100,000 Jews was enough for many countries to at least raise the issue of the Jewish danger."

The speeches of the participants showed a clear reluctance of the vast majority of countries to open their borders to persecuted Jews. Opening the conference, the US representative said that his country had already done everything possible, admitting 27,370 people in 1938, that is, having fully used the entry quota for refugees from Germany and Austria. A representative of the British government noted that the UK cannot accommodate refugees directly on its territory due to overpopulation and the large number of unemployed. True, then England announced that it was ready to accept a small number of refugees in its colonies in East Africa. At the same time, she categorically refused to revise the quota for the entry of Jews into Palestine, which was set at 75 thousand people over a five-year period. France said it had already accepted the maximum number of refugees. Belgium took the same position. The Netherlands was ready to become a transit point for refugees heading to other countries. Australia explained its refusal to let in refugees from Europe by saying that there are no conflicts on ethnic grounds in the country, and it does not want them to arise. Canada and a number of other Latin American countries have stated that due to the economic crisis and high unemployment they cannot accept refugees. Only one country, the Dominican Republic, has expressed its readiness to accept a large number of refugees, providing land for their accommodation.

Really, Western countries, despite their rhetoric aimed at protecting Jews, were by no means eager to “shelter” refugees in their country. Switzerland went the furthest. On June 24, 1938, the head of the Swiss Federal Police, Dr. Heinrich Rothmund, informed the German diplomatic mission in Bern that steps must be taken against the “dominance” of Viennese Jews in Switzerland. He assured the German minister that Switzerland did not need Jews any more than Germany did. On August 10, the Swiss ambassador to Germany called the Berlin office of the head of the political affairs department of the German Foreign Ministry. He reported that the number of Jews entering Switzerland had reached “extraordinary proportions,” that 47 Jews arrived in Basel in one day alone, and that the Swiss government was determined to prevent the “Jewification” of its country. At the same time, he demanded to stop the visa-free entry of Germans into Switzerland. However, there was one condition under which Switzerland agreed to waive this requirement: the Germans had to mark the passports of all their Jews so that they could be immediately identified. On September 29, Switzerland and Germany entered into a formal agreement in which Germany pledged to mark the passports of all its Jews. In the passports of all Jews, a large three-centimeter red letter “J” was placed next to their name. And a month and a half before that, on August 17, 1938, a decree was issued to change the names of Jews. Every Jewish man was required to add “Israel” to his name, and every Jewish woman was required to add “Sarah.” This was a legal means that singled out Jews and prevented them from hiding.

Thus, a twofold situation has developed in Europe. On the one hand there was Germany, which wanted to “expel” the Jews from the country by all means. On the other side was Western Europe and the USA. They criticized Hitler for his anti-Semitic policies, but they clearly did not intend to actually help German Jews, for example by providing them with “political” asylum. A situation arose when Nazi Germany received complete freedom of action, foreign policy, while European politicians of democratic states criticized, but did not provide any “active” opposition to the Nazis. This was most clearly demonstrated at the Munich Conference, held on September 28-29, 1938. The conference was attended by Germany, Great Britain, France, and Italy. It was decided to satisfy Germany's claims to the Sudetenland of Czechoslovakia. The conference was held without the participation of Czechoslovakia.

It is worth noting that Germany tried with all its might to provoke the international community and force Western countries to accept Jewish emigration flows. On June 18, 1938, Jewish shops in Berlin were picketed for the first time since 1933, and Hugh Wilson, reporting from the American embassy that an additional 3,000 Jews had arrived from the provinces in Berlin in recent months, warned that dissatisfaction had been expressed in the German press with low the pace of Jewish emigration from Germany.

Throughout 1938, numerous events were carried out aimed at emphasizing the opposition of Jews to Germans. On July 16, 1938, security personnel were prohibited from spending the night in Jewish hotels and boarding houses. On July 23, Jews were required to carry an identity card with them at all times. On July 27, a decision was made to rename streets named after Jews. On August 31, restrictions were introduced on postal items for Jews; the inscription “not for Jews” appeared on the back of postal items intended for Germans. On September 5, the letter “J” was removed from Jewish foreign passports. But even taken together, all these actions did not cause economic or physical harm to the Jews. They were designed primarily to exert psychological pressure on the world community. All with one goal - to expel the Jews from the country.

On October 15, 1938, the Polish government decided to implement the law of March 31 of the same year, according to which persons who remained outside Poland for several years could be deprived of citizenship. This meant that the 55 thousand Polish Jews supposedly living in Germany could choose to remain there forever. And October 29, 1938 became the deadline for renewing Polish passports. The Germans began deporting Jews to Poland.

On October 27, about 16,000 Jewish German subjects with Polish citizenship were expelled to Poland, to the area of ​​​​the border town of Zabunshin. The Poles refused to accept them, and the exiles rushed between the two sides of the border. Among them was the Grinshpan family. Herschel Grynszpan (Appendix 4), one of the sons, was not among them, since he lived in Paris. On November 3, 1938, he received a postcard from one of the sisters, in which she described the current situation. The message did not contain any particular complaints. But one way or another, Grunshpan acted as he saw fit. On the morning of November 7, 1938, he shot Ernst von Rath. Von Rath died two days later, on November 9, 1938. It so happened that this day, by an incredible coincidence, coincided with the anniversary of the Beer Hall Putsch in Munich.

The German leadership reacted instantly. It was Gershal Grünspan's shot that became the pretext for the all-German pogrom of Jews. Actually, in Germany everything was ready for such a pogrom so long ago that an “explosion” only needed a pretext, no matter whether it was an accident or a planned provocation. It is impossible to confidently judge whether the Germans themselves planned this provocation, or whether this event occurred by chance, but it was extremely beneficial to the Nazis. The only thing we can talk about for sure is the necessity and logic of what happened. Traces of Grünszpan himself were lost after 1942.

On the night of November 9-10, pogroms swept across all of Germany, annexed Austria and the Sudetenland of Czechoslovakia. Provoked mainly by the leaders of the Nazi Party, members of the SA and the Hitler Youth Organization. Kristallnacht got its name from the shards of glass that covered the streets of Germany and marked the beginning of the pogroms. These were fragments of broken windows of synagogues, houses, shops and private institutions that belonged to Jews, destroyed or looted. According to the official report sent to Goering on November 11, 1938: 174 people were arrested for robbery. 815 stores destroyed, 29 department stores set on fire or destroyed, 171 residences set on fire or destroyed. 191 synagogues were set on fire and another 76 were completely destroyed. 11 houses of Jewish communities, houses of worship, etc. were set on fire. and three more were completely destroyed. About 20,000 Jews, 7 Aryans and 3 foreigners were arrested. The latter were taken into custody to ensure their personal safety. There were reports of 36 deaths and also 36 cases of serious injury. All those killed or wounded were Jews. The authorities allowed the crowd to riot, which created a sense of spontaneous unrest. But this feeling was wrong. Even if you take a quick look at Heydrich’s special orders, the opposite becomes clear.

1) It is allowed to take only such measures that would not threaten the life and property of Germans (for example: burning synagogues is permitted only if there is no danger to surrounding houses)

2) Shops and houses of Jews are only allowed to be destroyed, but not robbed. The police are ordered to monitor the implementation of this order and arrest the looters.

3) In shopping areas, care should be taken to ensure that non-Jewish shops are protected from damage at all costs.

4) Foreign nationals - even Jews - should not be disturbed.

“Provided that the instructions of paragraph 1 are carried out, the police should not stop the ongoing demonstrations and at the same time monitor the implementation of the instructions.

The events of Kristallnacht became one of the most important turning points in National Socialist anti-Semitic policy. Historians note that after the pogrom, the implementation of anti-Jewish policies began to be intensively concentrated in the hands of the SS. The Nazi regime expanded and entrenched measures aimed at ousting Jews from economic and social life, gradually moving first towards a policy of forced emigration and ultimately to the implementation of the plan for a “Jew-free Germany”.

The demonstration was followed by a new round of anti-Jewish laws and regulations. Immediately after the demonstration, a decree “On the atonement of their guilt by Jews - German citizens” was issued on November 12, 1938. There are two notable points in it. The first of them is that an indemnity of 1 billion marks in favor of the German Empire is imposed on all German Jews. And the second point is the reason that explains the fact of collecting indemnities - “the hostile attitude of Jews towards the German people.” Goering’s phrase, uttered at the imperial ministry meeting dedicated to the events of Kristallnacht, helps shed light on the reason for such a decision: “I am now of the opinion that these economic measures should be supported by a number of political actions. It is necessary to carry out cultural events so that everything becomes clear. And the Jews will scatter from Germany all over the world this week.” As can be seen from this phrase, the pogrom was not the goal of the Nazis - rather a means by which psychological pressure could be exerted on countries that acted in defense of German Jews, but did not want to “accept” them as emigrants. One more interesting point should be taken into account. This is Heydrich's statement: “I would also like, from a purely police point of view, to make several proposals in favor of isolation. These proposals are valuable because of their psychological impact on public opinion. For example, indicate that every Jew, according to the spirit of the Nuremberg laws, is obliged to wear a certain distinctive sign in order to distinguish Jews. This step will make many other things easier for us – I don’t see any danger in excesses – and, in addition, it will also make our relations with foreign Jews easier.” Then he will add: “A distinctive sign. Thus, it would be possible to avoid the losses that are caused to foreign Jews due to the fact that they do not differ in appearance from our Jews.” Perhaps the reason for such rhetoric is the fact that “among the killed Jews there were one, and among the wounded, two Polish Jews.”

It is worth paying attention to the wording “foreign Jews”. The Nazis made a clear distinction between “German Jews” and “foreign Jews.” On the one hand, this may seem illogical, especially if we consider the issue from the point of view of the ideological canons of National Socialism. Nazi ideologists made no distinction between “German” and “foreign” Jews. But the transcript of the meeting shows the opposite. Perhaps the Nazis did not want to spoil their relations with the governments of other states. But one way or another, this is an indicator of the Nazis' policy towards the Jews. Politics of moral, and in the case of anti-Jewish pogroms, direct physical impact. Impact, the purpose of which was to provoke the flight of Jews from Germany. How can this position be explained? Perhaps the Nazi leaders became hostages to their own ideology. On the one hand, they were under pressure from the party masses and adherents of anti-Semitism in Germany. Whether Germany was a totalitarian state or not, any political regime needs supporters. And any extreme radical political movement, unable to adapt to political realities, is forced to rely on a certain, narrow layer of the population that supports these political views. By the time the Nazis came to power, Jews were considered a powerful political opponent, of course, in the context of their connection with the Social Democrats and Communists. But by 1935 they were ousted from almost all spheres of public life and government. The enemy was defeated. The only possible option could be either the physical extermination of the Jews, or a policy of relative appeasement towards the Jews, since the complete cessation of all anti-Semitic actions directed against the Jews was contrary to the ideological canons of Nazism. On the other side were Europe and the USA. The policies pursued by the Nazis regarding the Jews did not cause delight among the international community. The only motive that could explain the tolerant attitude towards the Nazis was “anti-communism”. Even within German society there were divisions based on anti-Semitism. The only possible option to rid Germany of Jews, and not completely ruin your reputation, is to evict the Jews from Germany. A document can be cited as proof of this. Goering’s order on “preparing the organizational, business and material and technical base for the extermination of the Jews.” There is the following passage: “In addition to the order already transmitted to you on November 24, 1939, the task is to carry out a solution to the Jewish question in the form of emigration or evacuation, most suitable for modern conditions...”.

There is another document that provides confirmation of this theory. This is the protocol of the Wannsee Conference. “By order of the Reich Marshal, in January 1939, the Reich Office for the Emigration of Jews was created, the leadership of which was entrusted to the head of the Security Police and SD. The department had a special task:

A) take all measures to prepare for increased emigration of Jews

B) direct the flow of emigrants

C) speed up emigration in each individual case.

The purpose of all of the above is to legally clear the German living space of Jews.”

The transcript of the “Imperial Ministerial Conference” mentions another fundamentally important point. These are the words of Heydrich: “All these measures will almost inevitably lead to the organization of a ghetto. I must say that today there is no need to build a ghetto. But with all these measures, the Jews will automatically be forced into the ghetto, in the form as intended.” This was followed by proposals to take away the rights of Jews and prohibit them from visiting healing waters and hospitals.

From all of the above, we can conclude that the Nazis did not intend to physically destroy German Jews until 1938. The already mentioned circular from the German Foreign Ministry states: “The ultimate goal of the German authorities in relation to the Jews is the emigration of all Jews living within the Reich...”. Most likely, understanding that not all residents of Germany, not to mention European countries, are anti-Semites, they wanted to disperse Jews around the world, counting on the fact that local residents would not be happy with such neighbors, especially considering the number. The Foreign Ministry circular says so: “German interest is to continue the dispersion of Jewry. Those considerations that anti-German centers will be formed in this way do not take into account the phenomenon that can already be seen in all parts of the world, when the flow of Jews causes resistance from the local population, which serves as the best propaganda of German policy towards the Jews. In Northern and South America, in France, in Holland, in Scandinavia and in Greece - wherever the flow of Jewish emigration rushed, a significant increase in anti-Semitism can already be noted today.” Based on this formulation, the behavior of Western European countries and the United States during the Evian Conference does not seem irrational. Even if we consider “Hitler’s First Political Essay” (01/16/1919), it becomes clear that the Nazis did not initially intend to exterminate the Jews: “Anti-Semitism, which is purely emotional in nature, is reflected in pogroms... But rational anti-Semitism must take the form of a legitimate struggle, the purpose of which will be the elimination of the privileges for Jews, which they enjoy in contrast to all foreigners living among us. But the ultimate goal of rational anti-Semitism must undoubtedly be the total deportation of Jews.” The solution to the Jewish question before the start of the World War was only possible through “peaceful” means. Deportation was a measure that allowed the Nazis to rid Germany of Jews without ruining their reputation by avoiding responsibility for the physical extermination of Jews.

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