Night and Fog Decree

''Nacht und Nebel'' (German: ), meaning Night and Fog, was a directive issued by Adolf Hitler on 7 December 1941 targeting political activists and resistance "helpers" in the territories occupied by Nazi Germany during World War II, who were to be imprisoned, murdered, or made to disappear, while the family and the population remained uncertain as to the fate or whereabouts of the alleged offender against the Nazi occupation power. Victims who disappeared in these clandestine actions were never heard from again.

Name

The alliterative hendiadys ''Nacht und Nebel'' (German for "Night and Fog") is documented in German since the beginning of the 17th century. It was used by Wagner in ''Das Rheingold'' (1869) and has since been adopted into everyday German (e.g. it appears in Thomas Mann's '' Der Zauberberg,'' or "The Magic Mountain"). It is not clear whether the term ''Nacht-und-Nebel-Erlass'' ("Night and Fog directive") had been in wide circulation or used publicly before 1945. The designation "NN" was sometimes used, however, to refer to prisoners and deportees ("NN-Gefangener", "NN-Häftling", "NN-Sache") at the time. The abbreviation "NN" was otherwise well known in German to mean "nullus nomen" ("without name" for security reasons), similar to the English NN for "nomen nescio".

Background

Even before the Holocaust gained momentum, the Nazis had begun rounding up political prisoners from both Germany and occupied Europe. Most of the early prisoners were of two sorts: they were either political prisoners of personal conviction or belief whom the Nazis deemed in need of "re-education" to Nazi ideals, or resistance leaders in occupied western Europe.

Up until the time of the ''Nacht und Nebel'' decree, prisoners from Western Europe were handled by German soldiers in approximately the same way as by other countries: according to international agreements and procedures such as the Geneva Convention. Hitler and his upper-level staff, however, made a critical decision not to conform to what they considered unnecessary rules and in the process abandoned "all chivalry towards the opponent" and removed "every traditional restraint on warfare." During the Nuremberg Trial against the High Command of the Wehrmacht (OKW), the head of the legal department in the OKW, Ministerial Director and General, Dr. Rudolf Lehmann, testified that Hitler had literally demanded opponents of the regime, who could not be immediately given a short trial, should be brought across the border to Germany in the "Night and Fog" and remain isolated there.

On 7 December 1941, ''Reichsführer-SS'' Heinrich Himmler issued the following instructions to the Gestapo:

Armed Forces High Command Feldmarschall Wilhelm Keitel had also received a so-called "Führer's decree" from Hitler on 7 December 1941, and while this order was not documented in writing, Keitel immediately passed it on to the appropriate authorities in the form of "guidelines" and likewise issued a secret decree containing more detailed instructions for its implementation. Essentially, the decree was about how to more effectively combat the increasing resistance actions in the territories occupied by Germany in Western Europe after the beginning of the war against the Soviet Union; thereto, the "Night and Fog" decree originally concerned only nationals of France, Belgium, the Netherlands, Luxembourg and Norway. On 12 December, Keitel issued a directive explaining Hitler's orders:

Three months later Keitel further expanded on this principle in a February 1942 letter stating that any prisoners not executed within eight days were to be handed over to the Gestapo. and

Reinhard Heydrich's ''Sicherheitsdienst'' (Security Service; SD) was given responsibility for over-seeing and carrying out the ''Nacht und Nebel'' decree. The SD was mainly an information-gathering agency, while the Gestapo was the main executive agency of the political police system. The decree was meant to intimidate local populations into submission, by denying friends and families of seized persons any knowledge of their whereabouts or their fate. The prisoners were secretly transported to Germany, and vanished without a trace. In 1945, abandoned SD records were found to include merely names and the initials "NN" (''Nacht und Nebel''); even the sites of graves were unrecorded. The Nazis even coined a new term for those who "vanished" in accordance with this decree; they were ''vernebelt''—"transformed into mist". To this day, it is not known how many people disappeared as a result of this decree. The International Military Tribunal at Nuremberg held that the disappearances committed as part of the ''Nacht und Nebel'' program were war crimes which violated both the Hague Conventions and customary international law.

Himmler immediately communicated Keitel's directive to various SS stations and within six months, the decree was sent to concentration camp commanders by Richard Glücks. The ''Nacht und Nebel'' prisoners were mostly from France, Belgium, Luxembourg, Denmark, the Netherlands, and Norway. They were usually arrested in the middle of the night and quickly taken to prisons hundreds of kilometres away for questioning, eventually arriving at concentration camps such as Natzweiler, Esterwegen or Gross-Rosen, if they survived.

Natzweiler concentration camp in particular, became an isolation camp for political prisoners from northern and western Europe under the decree's mandate. Natzweiler was the most prominent concentration camp with NN prisoners and probably also the one in which most of them spent the longest time. When the concentration camps in the east and west of German-occupied Europe were dissolved in the face of the advancing Allied armies and their inmates evacuated, often on cruel death marches, centrally located camps such as Dachau and Mauthausen were filled with thousands of NN prisoners at the end of the war, whose special status was largely lost in the chaos of the last months before the liberation.

Up to 30 April 1944, at least 6,639 persons had been arrested under ''Nacht und Nebel'' orders. Some 340 of them may have been executed. The 1956 film ''Night and Fog'', directed by Alain Resnais, uses the term to illustrate one aspect of the concentration camp system as it was transformed into a system of labour and death camps.

Text of the decrees

Rationale

The reasons for ''Nacht und Nebel'' were many. The policy, enforced in Nazi-occupied countries, meant that whenever someone was arrested, the family would learn nothing about the person's fate. The people arrested, sometimes only suspected resisters, were secretly sent to Germany and perhaps to a concentration camp. Whether they lived or died, the Germans would give out no information to the families involved. This was done to keep the population in occupied countries quiet by promoting an atmosphere of mystery, fear and terror.

The program made it far more difficult for other governments or humanitarian organizations to accuse the German government of specific misconduct because it obscured whether or not internment or death had even occurred, let alone the cause of the person's disappearance. It thereby kept the Nazis from being held accountable. It allowed across-the-board, silent defiance of international treaties and conventions – one cannot apply the requirements for humane treatment in war if one cannot locate a victim or discern that victim's fate. Additionally, the policy lessened German subjects' moral qualms about the Nazi regime, as well as their desire to speak out against it, by keeping the general public ignorant of the regime's malfeasance and by creating extreme pressure for service members to remain silent.

Treatment of prisoners

The ''Nacht und Nebel'' prisoners' hair was shaved and the women were given a convict costume of a thin cotton dress, wooden sandals and a triangular black headcloth. According to historian Wolfgang Sofsky,

Prisoners of the ''Nacht und Nebel'' transports were marked by broad red bands; on their backs and both trouser legs was a cross, with the letters "NN" to its right. From these emblems, it was possible to recognize immediately what class a prisoner belonged to and how he or she was pigeonholed and evaluated by the SS.

The prisoners were often moved apparently at random from prison to prison such as Fresnes Prison in Paris, Waldheim near Dresden, Leipzig, Potsdam, Lübeck and Stettin. The deportees were sometimes herded 80 at a time with standing room only into slow moving, dirty cattle wagons with little or no food or water on journeys lasting up to five days to their next unknown destination.

At the camps, the prisoners were forced to stand for hours in freezing and wet conditions at 5:00 a.m. every morning, standing strictly to attention, before being sent to work a twelve-hour day with only a twenty-minute break for a scant meal. They were confined in cold and starving conditions; many had dysentery or other illnesses, and the weakest were often beaten to death, shot, guillotined, or hanged, while the others were subjected to torture by the Germans.Nichol, John and Rennell, Tony (2007). ''Escape from Nazi Europe'', Penguin Books.

When the inmates were totally exhausted or if they were too ill or too weak to work, they were then transferred to the Revier (''Krankenrevier'', sick barrack) or other places for extermination. If a camp did not have a gas chamber of its own, the so-called Muselmänner, or prisoners who were too sick to work, were often murdered or transferred to other concentration camps for extermination.

When the Allies liberated Paris and Brussels, the SS transported many of its remaining ''Nacht und Nebel'' prisoners to concentration camps deeper in Nazi-controlled territory, such as Ravensbrück concentration camp for women, Mauthausen-Gusen concentration camp, Buchenwald concentration camp, Schloss Hartheim, or Flossenbürg concentration camp.

Results

Early in the war, the program caused the mass execution of political prisoners, especially Soviet military prisoners, who in early 1942 outnumbered the Jews in number of deaths even at Auschwitz. As the transports grew and Hitler's troops moved across Europe, that ratio changed dramatically. The ''Nacht und Nebel'' decree was carried out surreptitiously, but it set the background for orders that would follow and established a "new dimension of fear". As the war continued, so did the openness of such decrees and orders.

It can be surmised from various writings that in the beginning the German public knew only a little of the plans Hitler had to enforce a "New European Order". As the years passed, despite the best attempts of Goebbels and the Propaganda Ministry with its formidable domestic information control, diaries and periodicals of the time show that information about the harshness and cruelty of the program became progressively known to the German public.

Soldiers brought back information, families on rare occasion heard from or about loved ones, and Allied news sources and the BBC
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