Eberstein was a witness at the
Nuremberg Trials. He was interviewed by
Horst Pelckmann, counsel for the SS, and
Major F Elwyn Jones, junior counsel for the United Kingdom. In his testimony, Eberstein gave organizational and historical information about the SS, the SA, their relationship with the German nobility, the Nazi Party, the SD (Security Service) and the Gestapo (Secret State Police). With regard to his personal place in the
chain of command, Eberstein stated that as a Police President, he had control over 1700 men in the
Schutzpolizei (Protection Police),
Ordnungspolizei (Order Police), and
Kriminalpolizei (Criminal Police). He claimed the "chiefs of police had nothing to do with the political police or the security service" (meaning the Gestapo, and the SD). It is unclear from this translation if he mentioned the
Sicherheitspolizei (Security Police) or SiPo. Eberstein also discussed his perspective on the
Night of the Long Knives and
Kristallnacht. In the latter, he claimed that he ordered his police to protect Jewish businesses, claiming, "We in the SS considered this action downright indecent", and blamed the events on a speech by
Joseph Goebbels. However, given the telegrams Eberstein sent on that night, his claims cannot be seen as carrying any weight. He also briefly discussed the treatment of downed enemy pilots, per the
Geneva Convention and Hague Rules on Land Warfare.
Denied involvement in Dachau concentration camp and the HSSPF The
Dachau concentration camp complex was only a few kilometers from Munich. The question arose in the trial as to Eberstein's knowledge of the camp, authority over it, and participation in its activities. Eberstein denied everything. He claimed that the
Allgemeine-SS did not establish concentration camps, instead claiming that the State established them. Also, he claimed that the
Higher SS and Police Leaders (HSSPF), and the leaders of the
Allgemeine-SS had nothing to do with concentration camps. He claimed the camps were under an independent chain of command, blaming the RSHA, the Economic and Administrative Main Office of the SS (
SS-WVHA), and its Amt D,
Inspectorate of Concentration Camps. Eberstein claimed to have given tours of Dachau concentration camp, on orders from Himmler, from 1936 onward. These tours included some Americans. Eberstein stated there was no reason to inspect the camps, and he had no right to do so; they appeared to be run sufficiently and during the war inmates looked "well fed". In Spring of 1944, Eberstein claimed he became aware of abhorrent medical experiments involving
Sigmund Rascher and had Rascher arrested; he complained to Himmler as to the matter. Eberstein stated that Rascher was kept under arrest until 1945, but that he had no power over Rascher. Eberstein stated that he had no authority over the camp commander, and didn't know about the numerous executions inside the camp. Eberstein claimed he had nothing to do with
Adolf Eichmann, never saw him, that the SS troops in Dachau were separate from the rest of the SS, and "we met them only occasionally". He did admit that some members of the
Allgemeine-SS became concentration camp guards. In the fall of 1944 Himmler transferred to the Higher SS and Police Leaders the responsibility for safeguarding prisoner-of-war camps against mass escapes and against attempts from the outside to liberate prisoners. For this purpose, the Higher SS and Police Leaders were made senior commanders of the prisoners of war in their defense areas. According to international regulations regarding prisoners of war, police could not be used to guard prisoners of war, so the Higher SS and Police Leaders were taken over into the
Waffen-SS and appointed generals of the Waffen-SS. - Eberstein's 1946 Nuremberg explanation for how he came to be in the Waffen-SS and to have some authority over POWs. Eberstein claimed he had a dispute with
Gauleiter Paul Giesler, after Giesler ordered him to kill prisoners should the Americans approach, and he refused. He stated the general SS mostly ceased to exist by the start of the war, and that the
Gauleiters and "Reich Defense Commissioners" under
Martin Bormann were to blame. He claimed to have no knowledge as to the
Einsatzgruppen,
Einsatzkommandos, and the
Auschwitz concentration and
extermination camp. Eberstein stated he was in Munich during the entire war, thought foreign newspaper reports of atrocities were "enemy propaganda", and said it was impossible to "penetrate into the secret sphere of these extermination camps". He blamed the mass deaths in the camps on typhus and Allied bombing of medicine factories. == Denazification ==