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303

CYIL 7 ȍ2016Ȏ

THE UNITED NATIONS WAR CRIMES COMMISSION…

view; nevertheless, it constitutes a dark historical record on what happened in these

concentration camps and captures the Czechoslovak reaction thereto.

The Czechoslovak 1944 “Report on Conditions in the Concentration Camps of

Oswiecim and Birkenau” describes the inscription

Arbeit macht frei

over the entrance,

the inhuman working conditions, medical experiments and gas chambers, where

people “have to undress and are given a piece of soap and a towel as if they were going

to the baths”. Throughout the Report, it is demonstrated how the Nazis thoroughly

differentiated between the Jews and other victims even inside the concentration

camps: “On principle only Jews are put to death by gas, this is only done to Aryans

in exceptional cases. Aryans are shot with pistols…” A similar approach was applied

to the provision of food or in “the

Krankenbau

, the hut for the sick. The German

doctor divides sick persons into two groups: curable and seriously ill. The seriously

ill are disposed of by a phenol injection in the region of the heart. Among non-Jews

this is done only to those who are really seriously ill, while among the Jews 80 to 90

per cent of all those ill receive it.”

71

In this 1944 Report, Czechoslovakia included its suggestions,

inter alia

: “1) The

Allied Governments… should jointly address to the Germans and Hungarians

a threat of reprisals directed at the Germans in the hands of these Governments.

2) The crematoria… and watch towers should be bombed and so should the main

railway lines connecting Slovakia and Carpathian Ruthenia with Poland which are

also of military importance (especially the bridge at Čop)”.

72

It is not clear what

form of reprisals the Czechoslovak Government had in mind; nevertheless, the idea

of bombing the connecting railways seems reasonable and could possibly have saved

some of the Hungarian Jews. In spite of the pressure by the World Jewish Congress

and favorable position of Prime Minister Churchill, the bombing of Auschwitz had

unfortunately never happened - for various technical and strategic reasons described

elsewhere.

73

In addition to the above-mentioned Report, Czechoslovakia referred to other

pieces of evidence: to the charge submitted by the Polish War Crimes Office and to

the Soviet Union Communique of Extraordinary State Commission on Auschwitz

and Birkenau. Moreover, Czechoslovakia expressed its belief that “[t]here will be

a great deal more evidence in the near future”, as the “Soviet Union Communique

tells of 2,819 inmates of the Oswiecim camp rescued by the Red Army who could

be interrogated” and that it is “sure that among those witnesses will be at least some

Czechoslovak nationals.” At the same time, Czechoslovakia indicated its first witness,

Professor Berthold Epstein, Director of the Children’s Clinic attached to Prague

71

Ibid.

, Enclosure 6a, No. 4951/d/44, p. 1-3.

72

Ibid.

, p. 4.

73

See supra note 49, p. 248-252.