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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..c2206f7 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #54917 (https://www.gutenberg.org/ebooks/54917) diff --git a/old/54917-0.txt b/old/54917-0.txt deleted file mode 100644 index 46107c5..0000000 --- a/old/54917-0.txt +++ /dev/null @@ -1,28761 +0,0 @@ -The Project Gutenberg EBook of Trial of the Major War Criminals Before the -International Military Tribunal, Volume V, by Various - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Trial of the Major War Criminals Before the International Military Tribunal, Volume V - Nuremburg 14 November 1945-1 October 1946 - -Author: Various - -Release Date: June 16, 2017 [EBook #54917] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK NUREMBERG TRIAL--MAJOR WAR CRIMINALS, VOL 5 *** - - - - -Produced by Larry Harrison, Cindy Beyer, and the online -Distributed Proofreaders Canada team at -http://www.pgdpcanada.net with images provided by The -Internet Archives-US. - - - - - - - [Cover Illustration] - - - - - TRIAL - OF - THE MAJOR WAR CRIMINALS - - BEFORE - - THE INTERNATIONAL - MILITARY TRIBUNAL - - N U R E M B E R G - 14 NOVEMBER 1945-1 OCTOBER 1946 - - [Illustration] - - - - P U B L I S H E D A T N U R E M B E R G , G E R M A N Y - 1 9 4 7 - - - - - This volume is published in accordance with the - direction of the International Military Tribunal by - the Secretariat of the Tribunal, under the jurisdiction - of the Allied Control Authority for Germany. - - - - - [Illustration: Nuremberg Seal] - - Editor’s Note - - In spite of the meticulous care given to this edition certain - inexactitudes may slip in, some originating with the speakers - themselves. In order to give a faithful rendering of the Record - we are avoiding alterations, but corrective notes will be - printed in the final volume. - - The General Secretary’s Office would be grateful if the reader - would draw to his attention any errors or omissions, so that - they may also be included in the list of corrections. - - _S. Paul A. Joosten_ - Deputy General Secretary. - -Address: -Lawrence Deems Egbert, Editor -International Military Tribunal Record -APO 696 A, United States Army. - - - - - VOLUME V - - - - O F F I C I A L T E X T - - I N T H E - - ENGLISH LANGUAGE - - - - P R O C E E D I N G S - - 9 January 1946 — 21 January 1946 - - - - - CONTENTS - - Thirtieth Day, Wednesday, 9 January 1946, - Morning Session 1 - Afternoon Session 31 - - Thirty-first Day, Thursday, 10 January 1946, - Morning Session 65 - Afternoon Session 100 - - Thirty-second Day, Friday, 11 January 1946, - Morning Session 131 - Afternoon Session 159 - - Thirty-third Day, Monday, 14 January 1946, - Morning Session 197 - - Thirty-fourth Day, Tuesday, 15 January 1946, - Morning Session 230 - Afternoon Session 260 - - Thirty-fifth Day, Wednesday, 16 January 1946, - Morning Session 296 - Afternoon Session 329 - - Thirty-sixth Day, Thursday, 17 January 1946, - Morning Session 368 - Afternoon Session 399 - - Thirty-seventh Day, Friday, 18 January 1946, - Morning Session 434 - Afternoon Session 459 - - Thirty-eighth Day, Saturday, 19 January 1946, - Morning Session 489 - - Thirty-ninth Day, Monday, 21 January 1946, - Morning Session 520 - Afternoon Session 547 - - - - - THIRTIETH DAY - Wednesday, 9 January 1946 - - - _Morning Session_ - -SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom): -If the Tribunal please, when the Tribunal adjourned I had just dealt -with the last of the two Norway documents, which I how put in as -Exhibits GB-140 and GB-141. Their numbers are 004-PS and D-629. - -My Lord, for convenience the first document, to which I shall refer in a -few minutes, will be Document Number 1871-PS. - -THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have that here. - -SIR DAVID MAXWELL-FYFE: My Lord, before I come to that, I just want to -say one word about the aggression against the Low Countries—Belgium, -the Netherlands, and Luxembourg. - -The facts as to the aggression against these countries, during the -period when this defendant was Foreign Minister, were stated in full by -my friend Mr. Roberts, and I think if I give the Tribunal the reference -to the transcript at Pages 1100 to 1125 (Volume III, Pages 289 to 307), -I do not need to detain the Tribunal on that part of the case. I only -remind the Tribunal that the action of this defendant as Foreign -Minister to which attention may be called is the making of a statement -on the 10th of May 1940 to representatives of the foreign press with -regard to the reasons for the German invasion of the Low Countries; and -these reasons were, in my respectful submission, demonstrated to be -false by the evidence called by Mr. Roberts, which appears in that part -of the transcript. - -My Lord, I then proceed to the aggression in southeastern Europe against -Greece and Yugoslavia, and the first moment of time in that regard is -the meeting at Salzburg in August 1939, at which the Defendant Von -Ribbentrop participated, when Hitler announced that the Axis had decided -to liquidate certain neutrals. That is Document 1871-PS, which I now put -in as Exhibit GB-142, and the passage to which I should like to refer -the Tribunal is on Page 2 of the English version, two-thirds down the -page in the middle of the fifth paragraph, six lines from the top. Your -Lordship will find the words “Generally speaking.” - -THE PRESIDENT: Yes. - -SIR DAVID MAXWELL-FYFE: I desire to quote from there: - - “Generally speaking, it would be best to liquidate the - pseudo-neutrals one after the other. This is fairly easily done - if one Axis partner protects the rear of the other, as the - latter finishes off one of the uncertain neutrals. Italy may - consider Yugoslavia such an uncertain neutral. At the visit of - Prince Regent Paul he (the Führer) suggested, particularly with - regard to Italy, that Prince Paul clarify his political attitude - towards the Axis by a gesture. He had thought of a closer - connection with the Axis and the withdrawal of Yugoslavia from - the League of Nations. Prince Paul agreed to the latter. - Recently the Prince Regent was in London and sought reassurance - from the Western Powers. The same thing was repeated that - happened in the case of Gafencu, who was also very reasonable - during his visit to Germany and who denied any interest in the - aims of the Western Democracies. Afterwards it was learned that - he had later assumed a contrary standpoint in England. Among the - Balkan countries the Axis can completely rely only on Bulgaria, - which is, in a sense, a natural ally of Italy and Germany.” - -Then missing a sentence: - - “At the moment of a turn for the worse for Germany and Italy, - however, Yugoslavia would join the other side openly, hoping - thereby to give matters a final turn to the disadvantage of the - Axis.” - -That demonstrates the policy with regard to uncertain neutrals. - -Then, as early as September 1940 this defendant reviewed the war -situation with Mussolini. This defendant emphasized the heavy revenge -bombing raids in England and the fact that London would soon be in -ruins. It was agreed between the parties that only Italian interests -were involved in Greece and Yugoslavia and that Italy could count on -German support. - -Then Von Ribbentrop went on further to explain to Mussolini the Spanish -plan for the attack on Gibraltar and Germany’s participation therein and -that he was expecting to sign the protocol with Spain, bringing the -latter country into the war, on his return to Berlin. - -This is Document 1842-PS, which is the next document in the book to the -one at which the Tribunal has just been looking, and the passage with -regard to Greece and Yugoslavia occurs in the middle of the first -page—if I might just read a very short extract: - - “With regard to Greece and Yugoslavia the Foreign Minister - stressed that it was exclusively a question of Italian - interests, the settling of which was a matter for Italy alone - and in which Italy would be certain of Germany’s sympathetic - assistance.” - -I don’t think I need trouble the Tribunal with the rest. - -THE TRIBUNAL (Mr. Francis Biddle, member for the United States): I think -you had better read the next paragraph. - - SIR DAVID MAXWELL-FYFE: “But it seemed to us to be better not to - touch on these problems for the time being, but instead to - concentrate on the destruction of England with all our forces. - Where Germany was concerned, she was interested in the northern - German districts (Norway, _et cetera_), and this was - acknowledged by the Duce.” - -I am very grateful to you, Your Honor. That I put in as Exhibit GB-143. - -A month or two later, in January 1941, at the meeting between Hitler and -Mussolini, in which this defendant participated, the Greek operation was -discussed. Hitler had stated that the German troops in Romania were for -use in the planned campaign against Greece. That document is C-134, -which was put in as Exhibit GB-119, and therefore I do not propose to -give it again but to give the Tribunal the reference to the points which -are mentioned at the foot of Page 3 of the English text. - -With regard to that meeting there is a cross-reference in Count Ciano’s -diary, Count Ciano having attended as Italian Foreign Minister, and he -recalls his impression of that meeting in the diary for the 20th and -21st of January by saying: - - “The Duce is pleased with the conversation on the whole. I am - less pleased. Above all, because Ribbentrop, who had always been - so boastful in the past, told me, when I asked him outright how - long the war would last, that he saw no possibility of its - ending before 1942.” - -Despite that somewhat pessimistic statement to Count Ciano, a short time -later, 3 weeks later, when it was a question of encouraging the -Japanese, this defendant took a more optimistic line. - -On the 13th of February 1941 he saw Ambassador Oshima, the Japanese -Ambassador, and that conversation appears in Document 1834-PS, which is -Exhibit USA-129. That was read previously, and again I simply give the -reference on Page 3 of the English version. - -The second from the last paragraph dealt with the optimistic account of -the military position and the position of Bulgaria and Turkey. I do not -think I need read it further, but I will give the Tribunal the -reference. - -Then after that, in March, this defendant put forth his efforts to get -Yugoslavia to join the Axis, and on the 25th of March the defendant, in -a note to the Prime Minister Cvetković—and this is Document 2450-PS, -which is Exhibit GB-123—gave the assurance: - - “The Axis-Power Governments, during this war, will not direct a - demand to Yugoslavia to permit the march or transportation of - troops through the Yugoslav state or territory.” - -After that, it is only fair to point out that there was the _coup -d’état_ in Yugoslavia. General Simovic took over the government; and two -days after the assurance which I just read, at the meeting of the 27th -of March 1941, at which this defendant was present, Hitler outlined the -military campaign against Yugoslavia and promised the destruction of -Yugoslavia and the demolition of Belgrade by the German Air Force. That -is contained in Document 1746-PS, which is Exhibit GB-120; and that was -read by my friend, Colonel Phillimore at an earlier stage so I do not -need to read it again. - -The final action of this defendant with regard to Yugoslavia was that -after the invasion of Yugoslavia Von Ribbentrop was one of the persons -directed by Hitler to draw up the boundaries for the partition and -division of Yugoslavia. The preliminary directive for that is Document -1195-PS, which I now put in as Exhibit GB-144. - -We now come to the aggression against the Soviet Union, and the -first. . . - -THE PRESIDENT: Has that been read, 1195? - -SIR DAVID MAXWELL-FYFE: No, it has not. I am much obliged, Your -Lordship. I will now read the relevant sentence with regard to this. - -On Page 2, Section 2, Your Lordship will see the words “the drawing up -of boundaries.” And in Paragraph 1 it says: - - “Insofar as the drawing up of boundaries has not been laid down - in the above Part I, it will be carried out by the Supreme - Command of the Armed Forces in agreement with the Foreign - Office,”—that is this defendant—“the Delegate for the Four - Year Plan,”—the Defendant Göring—“and the Reich Minister of - the Interior.” - -THE PRESIDENT: Who is the Reich Minister of the Interior? - -SIR DAVID MAXWELL-FYFE: I think the Defendant Frick. - -THE PRESIDENT: Yes, I think it is. - -SIR DAVID MAXWELL-FYFE: My Lord, I am grateful to Your Lordship. I had -forgotten that had not been read before. - -Now then, as I say, we come to the aggression against the Soviet Union; -and the first document which has not been put in so far, which I now put -in as Exhibit GB-145, is TC-25, the German-Soviet Non-aggression Pact. - -On 23 August 1939 this defendant had signed the German-Soviet -Non-aggression Pact. Now the first point at which this defendant seems -to have considered special problems of aggression against the Soviet -Union was just after the 20th of April 1941, when the Defendant -Rosenberg and this defendant met or communicated to consider the -problems which were expected to arise in Occupied Eastern Territory. -This defendant appointed his Counselor, Grosskopf, to be his liaison man -with Rosenberg and also assigned a consul general called Bräutigam, who -had many years experience in the U.S.S.R., as collaborator with -Rosenberg. That is shown in Document 1039-PS, which is already Exhibit -USA-146. I did not propose to read it again, as it had been read. But -the passage to which I have referred is the first paragraph on the top -of Page 2, beginning, “After notification to the Reich Foreign -Minister.” It is that paragraph which I have just mentioned. - -That was in April 1941. The following month, on 18 May 1941, the German -Foreign Office prepared a declaration setting forth operational zones in -the Arctic Ocean, the Baltic and the Black Seas, to be used by the -German Navy and the Air Force in the coming invasion of the Soviet -Union. That is the next document, C-77, which I now put in as Exhibit -GB-146, and it is very short. Therefore I think I should quote it; it -has not been read before: - - “The Foreign Office has prepared for the use in ‘Barbarossa’ the - attached draft of a declaration of operational zones. The - Foreign Office, however, has reserved the decision as to the - date when the declaration will be issued as well as the - discussion of particulars.” - -These last two documents show quite clearly that this defendant was -again implicated in the preparation for this act of aggression. Then, on -the 22d of June 1941, this defendant announced to the world that the -German armies were invading the U.S.S.R., as was seen by the Tribunal in -the film shown on the 11th of December. And how untrue were the reasons -given is shown by the report of his own Ambassador in Moscow who said -that everything was being done to avoid a conflict. The Tribunal will -find the reference to that in the speech of my learned friend, the -Attorney General, the transcript at Page 888 (Volume III, Page 143). - -We now come to the aggression which involved Japan and was directed -against the United States of America. And there the initial document is -2508-PS, which I now put in as Exhibit GB-147. That shows that on the -25th of November 1936, as a result of negotiations of this defendant as -Ambassador-at-large, Germany and Japan had signed the Anticomintern -Pact. I do not think that has been read, but if I might just read the -introduction, the recital that gives the purposes of the agreement: - - “The Government of the German Reich and the Imperial Japanese - Government, recognizing that the aim of the Communist - International, known as the Comintern, is to disintegrate and - subdue existing states by all the means at its command, - convinced that the toleration of interference by the Communist - International in the internal affairs of the nations not only - endangers their internal peace and social well-being but is also - a menace to the peace of the world, desirous of co-operating in - the defense against Communist subversive activities, have agreed - as follows. . . .” - -And then there follow the effective terms of the agreement under which -they will act together for 5 years. It is signed by this defendant. - -On the 27th of September 1940 this defendant, as Foreign Minister, -signed the Tripartite Pact with Japan and Italy, thereby bringing about -a full-scale military and economic alliance for the creation of a “New -Order” in Europe and East Asia. That is 2643-PS, Exhibit USA-149, and -has been read. - -Then, on the 13th of February of 1941—that is a month or two -later—this defendant was urging the Japanese to attack British -possessions in the Far East. And that is shown in Document 1834-PS, -which is Exhibit USA-129 and which has already been read by my friend, -Mr. Alderman. That was February. - -Then, in April of 1941, at a meeting between Hitler and Matsuoka, -representing Japan, at which this defendant was present, Hitler promised -that Germany would declare war on the United States in the event of war -occurring between Japan and the United States as a result of Japanese -aggression in the Pacific. That is shown in Document 1881-PS, Exhibit -USA-33, which has already been read and which I did not intend to read -again. - -Then the next document which reinforces that point is 1882-PS, which is -Exhibit USA-153. If I might trouble the Tribunal with just two short -paragraphs of that; it is interesting, showing the psychological -development of this defendant and his views at that time. They are the -first two paragraphs that are quoted, under the heading “Pages 2 and 3,” -where it begins “Matsuoka”; it is on the first page of the document: - - “Matsuoka then spoke of the general high morale in Germany, - referring to the happy faces he had seen everywhere among the - workers during his recent visit to the Borsig works. He - expressed his regret that developments in Japan were not yet as - far advanced as in Germany and that in his country the - intellectuals still exercised considerable influence. - - “The Reich Foreign Minister replied that at best a nation which - had realized its every ambition could afford the luxury of - intellectuals, some of whom are parasites, anyway.” - -THE PRESIDENT: It is “most,” according to my document. - -SIR DAVID MAXWELL-FYFE: Oh, “most”; I beg Your Lordship’s pardon, it is -completely my fault, it should be “most,” “most of whom are parasites, -anyway.” - - “A nation, however, which has to fight for a place in the sun - must give them up. The intellectuals ruined France; in Germany - they had already started their pernicious activities when - National Socialism put a stop to these doings; they will surely - be the cause of the downfall of Britain, which is to be expected - with certainty.” - -Then it continues on the usual lines. That last document was on the 5th -of April. - -Then, the next stage: Within a month after the German Armies invaded the -Soviet Union, the 22d of June 1941, Ribbentrop was urging his Ambassador -in Tokyo to do his utmost to cause the Japanese Government to attack the -Soviet in Siberia; and that is proved by two documents which have -already been put in—2896-PS, which is Exhibit USA-155, a telegram to -the German Ambassador, in Tokyo, one Ott; and 2897-PS, USA-156, which is -the reply from Ambassador Ott. Both of these were read by my friend, Mr. -Alderman, and I won’t trouble the Tribunal again. - -But the next document, which is D-656, is a new document which I put in -as GB-148. That was captured from the Japanese, and it is a -message—intercepted—which was sent by the Japanese Ambassador in -Berlin just before the attack on the United States. If I might just read -one short extract from this defendant’s speech; on the 29th of November -1941, that is roughly a week before Pearl Harbor, this defendant was -saying—it is in Paragraph 1, and I will read it all because it is new: - - “Ribbentrop opened our meeting by again inquiring whether I had - received any reports regarding the Japanese-United States - negotiations. I replied that I had received no official word. - - “Ribbentrop: ‘It is essential that Japan effect the New Order in - East Asia without losing this opportunity. There never has been - and probably never will be a time when closer co-operation under - the Tripartite Pact is so important. If Japan hesitates at this - time and Germany goes ahead and establishes her European New - Order, all the military might of Britain and the United States - will be concentrated against Japan. - - “‘As Führer Hitler said today, there are fundamental differences - in the very right to exist between Germany and Japan, and the - United States. We have received advice to the effect that there - is practically no hope of the Japanese-United States - negotiations being concluded successfully because of the fact - that the United States is putting up a stiff front. - - “‘If this is indeed the fact of the case and if Japan reaches a - decision to fight Britain and the United States, I am confident - that will not only be to the interest of Germany and Japan - jointly but would bring about favorable results for Japan - herself.’” - -Then the Ambassador replied: - - “‘I can make no definite statement as I am not aware of any - concrete intentions of Japan. Is Your Excellency indicating that - a state of actual war is to be established between Germany and - the United States?’” - -The Defendant Ribbentrop: - - “‘Roosevelt’s a fanatic, so it is impossible to tell what he - would do.’” - -Then: - - “Concerning this point, in view of the fact that Ribbentrop has - said in the past that the United States would undoubtedly try to - avoid meeting German troops, and from the tone of Hitler’s - recent speech as well as that of Ribbentrop’s, I feel that the - German attitude toward the United States is being considerably - stiffened. There are indications at present that Germany would - not refuse to fight the United States if necessary.” - -Then the next part, Section 2, is an extremely optimistic prognosis of -the war against the Soviet Union. I do not think, in view of the date in -which we are reading it, that I need trouble the Tribunal with that. - -There are then a few remarks about the intended landing operations -against England, which is also _vieux jeu_ at this time. - -If the Tribunal would go to Part 3, there again we get the international -attitude of mind of this defendant—at the foot of Page 2, Part 3; and I -am quoting: - - “‘In any event Germany has absolutely no intention of entering - into any peace with England. We are determined to remove all - British influence from Europe. Therefore, at the end of this - war, England will have no influence whatsoever in international - affairs. The island empire of Britain may remain, but all of her - other possessions throughout the world will probably be divided - three ways by Germany, the United States and Japan. In Africa, - Germany will be satisfied with, roughly, those parts which were - formerly German colonies. Italy will be given the greater share - of the African colonies. Germany desires, above all else, to - control European Russia.’” - -And after hearing this defendant, the Ambassador said; and I quote: - - “‘I am fully aware of the fact that Germany’s war campaign is - progressing according to schedule smoothly. However, suppose - that Germany is faced with the situation of having not only - Great Britain as an actual enemy but also all of those areas in - which Britain has influence, and those countries which have been - aiding Britain as actual enemies, as well. Under such - circumstances, the war area will undergo considerable expansion, - of course. What is your opinion of the outcome of the war under - such an eventuality?’” - -The Defendant Ribbentrop: - - “‘We would like to end this war during next year.’”—that is, - 1942—“‘However, under certain circumstances it is possible that - it will have to be continued into the following year. - - “‘Should Japan become engaged in a war against the United - States. . .’” - -THE PRESIDENT: You are going a little bit too fast. - -SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, I am sorry. I will go -back to the paragraph I have just finished. - -The Defendant Ribbentrop—and I am still quoting: - - “‘We would like to end this war during next year. However, under - certain circumstances it is possible that it will have to be - continued into the following year. - - “‘Should Japan become engaged in a war against the United - States, Germany, of course, would join the war immediately. - There is absolutely no possibility of Germany’s entering into a - separate peace with the United States under such circumstances. - The Führer is determined on that point.’” - -That document associates this defendant with the aggression by Japan -against the United States in the closest possible way. - -Another new document, which is also an intercepted Japanese diplomatic -message, is the next one, D-657, which I put in as Exhibit GB-149; and -if I might read the first two sentences that show what it is—and I -quote—the Japanese Ambassador says: - - “At 1:00 p. m. today”—the 8th of December—“I called on Foreign - Minister Ribbentrop and told him our wish was to have Germany - and Italy issue formal declarations of war on America at once. - Ribbentrop replied that Hitler was then in the midst of a - conference at general headquarters, discussing how the - formalities of declaring war could be carried out so as to make - a good impression on the German people, and that he would - transmit your wish to him at once and do whatever he could to - have it carried out promptly. At that time Ribbentrop told me - that on the morning of the 8th”—that is before the declaration - of war—“Hitler issued orders to the entire German Navy to - attack American ships whenever and wherever they might meet - them. - - “It goes without saying that this is only for your secret - information.” - -Then, as a matter of fact, as the Tribunal are aware, on the 11th of -December 1941 this Defendant Ribbentrop, in the name of the German -Government, announced a state of war between Germany and the United -States. - -The next stage concerns his attempt to get Japan to attack the Soviet -Union. - -In Ribbentrop’s conversations with Oshima, the Japanese Ambassador, in -July 1942 and in March and April 1943, he continued to urge Japanese -participation and aggression against the Soviet Union. This is shown in -Document 2911-PS, which has been put in as Exhibit USA-157 and already -read, and Document 2954-PS, which I now put in as GB-150. That is a new -document; and if I might just indicate the effect of it by a very short -quotation—it is a discussion between the Defendant Ribbentrop and -Ambassador Oshima. It begins: - - “Ambassador Oshima declared that he has received a telegram from - Tokyo; and he is to report, by order of his Government, to the - Reich Minister for Foreign Affairs the following: - - “The suggestion of the German Government to attack Russia was - the object of a common conference between the Japanese - Government and the Imperial headquarters, during which the - question was discussed in detail and investigated exactly. The - outcome is the following: The Japanese Government thoroughly - recognize the danger which threatens from Russia and completely - understand the desire of their German ally that Japan on her - part also enter the war against Russia. However, it is not - possible for the Japanese Government, considering the present - war situation, to enter the war. They are rather of the - conviction that it would be in the common interest not to start - the war against Russia now. On the other hand, the Japanese - Government will never lose sight of the Russian question.” - -And then, in the middle of the next paragraph, this defendant returns to -the attack. The third sentence—it begins on the fourth line—says: - - “However, it would be more correct that all powers allied in the - Three Power Pact, would combine their forces to strike together - at not only England and America, but also Russia. It is not good - if one part must fight alone.” - -Then the pressure on Japan to attack Russia is shown again in the next -document, 2929-PS, which was put in as Exhibit USA-159. And, if I might -just close this part of the case, if I might read that—it is very -short: - - “The Reich Minister for Foreign Affairs then stressed again that - without any doubt this year presented the most favorable - opportunity for Japan, if she felt strong enough and had - sufficient antitank weapons at her disposal to attack Russia, - which certainly would never again be as weak as at the - moment”—the moment being 18 April 1943. - -If the Tribunal please, that concludes my evidence on the second -allegation dealing with aggressive war; and I submit that that -allegation in the Indictment is more than amply proved. - -The third allegation is that the Defendant Ribbentrop authorized, -directed, and participated in War Crimes and Crimes against Humanity. - -Of course, I am considering this from the point of view of planning -these crimes only. The execution of the crimes will be dealt with by my -friends and Soviet colleagues, but it is relevant to show how this -defendant participated in the planning of such crimes. I deal, first, -with the killing of Allied aviators; secondly, with the destruction of -peoples in Europe; and thirdly, with the persecution of the Jews. - -First, the killing of Allied aviators: - -With the increasing air raids on German cities in 1944 by Allied Air -Forces, the German Government proposed to undertake a plan to deter -Anglo-American fliers from further raids on the Reich cities. In a -report of a meeting at which a definite policy was to be established, -there is stated what was the point of view that this Defendant -Ribbentrop had been urging. That is in Document 735-PS, which I now put -in as Exhibit GB-151. That is a discussion of a meeting at the Führer’s -headquarters on the 6th of June 1944. If I might read the first -paragraph: - - “Obergruppenführer Kaltenbrunner informed the Deputy Chief of - Operations Staff”—WFSt—“in Klessheim on the afternoon of the - 6th of June that a conference on this question had been held - shortly before by the Reich Marshal”—the Defendant Göring—“the - Reich Foreign Minister”—the Defendant Von Ribbentrop—“and the - Reichsführer SS.”—Himmler—“Contrary to the original suggestion - made by the Reich Foreign Minister, who wished to include every - type of terror attack on the German civilian population, - including bombing attacks on cities, it was agreed in the above - conference that merely those attacks carried out with aircraft - armament aimed directly at the civilian population and their - property should be taken as the standard for the evidence of a - criminal action in this sense. Lynch law would have to be the - rule, there was no mention of trial by court-martial or handing - over to the police.” - -That is, this defendant was pressing that even where there was an attack -on a German city, the airmen should be handed over to be lynched by the -crowd. The others were saying that that should be restricted to cases -where there were attacks by machine guns, and the like, on the civilian -population. - -I do not think we need trouble with Paragraph (a) of the statement of -the Deputy Chief of WFSt. The importance of (a) goes because -Kaltenbrunner says that there were no such cases as were mentioned. - -If you look at (b): - - “The Deputy Chief of the WFSt pointed out that, besides the - lynch law, a procedure must be worked out for segregating such - enemy aviators who are suspected of criminal action of this kind - by sending them to the reception camp for aviators at Oberursel - and, if the suspicion was confirmed, handing them over to the SD - for special treatment.” - -As I understand that, it is that if they were not lynched under the -first scheme, by the crowd, then they were to be kept from prisoners of -war, where they would, of course, be subject to the protecting power’s -intervention. And if the suspicion was confirmed, they would be handed -over to the SD to be killed. - -Then in Paragraph 3 we have what was decided to justify the lynch law. -Paragraph 3 says: - - “At a conference with Colonel Von Brauchitsch (Colonel of the - Air Force) on the 6th of June, it was settled that the following - actions are to be regarded as terror actions justifying lynch - law: - - “Low-level attacks with aircraft armament on the civilian - population, single persons as well as crowds. - - “Shooting in the air our own (German) men who had bailed out. - - “Attacks with aircraft armament on passenger trains in the - public service. - - “Attacks with aircraft armament on military hospitals, - hospitals, and hospital trains, which are clearly marked with - the red cross.” - -These were to be the subject of lynching and not, as this defendant had -suggested, a case where there was the bombing of a city. - -Then on the next page, the last page of this document, we have a -somewhat curious comment from the Defendant Keitel: - - “Remarks by the Chief of the OKW on the agenda dated 6 June - 1944.” - -The number is that of the document at which the Tribunal has just been -looking. - - “Most secret; Staff officers only. - - “If one allows the people to carry out lynch law, it is - difficult to enforce rules. - - “Ministerial Director Berndt got out and shot the enemy aviator - on the road. I am against legal procedure. It doesn’t work - out.”—Signed—“Keitel.” - -Then the Defendant Jodl’s comment appears: - - “This conference is insufficient. The following points must be - decided quite definitely in conjunction with the Foreign Office: - - “1. What do we consider as murder? Is the Foreign Office in - agreement with point 3b? - - “2. How should the procedure be carried out? a. By the people? - b. By the authorities? - - “3. How can we guarantee that the procedure will not be also - carried out against other enemy aviators? - - “4. Should some legal procedure be arranged or - not?”—Signed—“Jodl.” - -It is important, I respectfully submit, to note that this defendant and -the Foreign Office were fully in on these breaches of the laws and -usages of war, and indeed the clarity with which the Foreign Office -perceives that there were breaches of the laws and usages of war, is -shown by the next document, which is 728-PS, which I now put in as -GB-152. That is a document from the Foreign Office, approved of by the -Defendant Ribbentrop and transmitted by one of his officials called -Ritter; and the fact that it is approved by this defendant is -specifically stated in the next Document 740-PS, which I put in as -GB-153. I do not think this Document 728-PS has been read before, and -therefore, again, I would like to read just one or two passages in it. -It begins: - - “In spite of the obvious objections, based on international law - and foreign policy, the Foreign Office is basically in agreement - with the proposed measures. - - “In the examination of the individual cases a distinction must - be made between the cases of lynching and the cases of special - treatment by the SD. - - “I. In the cases of lynching, the precise establishment of the - facts involving punishment, according to points 1 through 4 of - the communication of 15 June, is not very essential. First, the - German authorities are not directly responsible, since the death - will have occurred before a German official becomes concerned - with the case. Furthermore, the accompanying circumstances will - be such, that it will not be difficult to represent the case in - an appropriate manner upon publication. Hence, in cases of - lynching it will be of primary importance correctly to handle - the individual case upon publication. - - “II. The suggested procedure for special treatment by the SD, - including subsequent publication, would be feasible only if - Germany would at the same time openly repudiate the commitments - of international law, at present in force and still recognized - by Germany. When an enemy aviator is seized by the Army or by - the Police and is delivered to the reception camp for aviators - at Oberursel, he has acquired by this very fact the legal status - of a prisoner of war. - - “The Prisoner-of-War Agreement of 27 July 1929 established - definite rules for the prosecution and sentencing of prisoners - of war and the execution of the death penalty, as for example in - Article 66: Death sentences may be carried out only 3 months - after the Protecting Power has been notified of the sentence. In - Article 63: A prisoner of war will be tried only by the same - courts and under the same procedure as members of the German - Armed Forces. These rules are so specific that it would be - futile to try to cover up any violation of them by clever - wording of the publication of an individual incident. On the - other hand, the Foreign Office cannot recommend on this occasion - a formal repudiation of the Prisoner-of-War Agreement. - - “An emergency solution would be to prevent suspected enemy - fliers from ever attaining a legal prisoner-of-war status, that - is, that immediately upon capture they be told that they are not - considered prisoners of war but criminals, that they would not - be turned over to the agencies having jurisdiction over - prisoners of war, hence not go to a prisoner-of-war camp, but - that they be delivered to the authorities in charge of the - prosecution of criminal acts, and that they be tried in summary - proceedings. If the evidence at the trial should reveal that the - special procedure is not applicable to a particular case, the - fliers concerned may subsequently be given the status of - prisoner of war by transfer to the reception camp for aviators - at Oberursel. - - “Naturally, not even this expedient will prevent the possibility - of Germany’s being accused of violation of existing treaties or - even the adoption of reprisals upon German prisoners of war. At - any rate this solution would enable us to follow a clearly - defined course, thus relieving us of the necessity of openly - having to renounce the present agreements or of the need of - having to use excuses which no one would believe, upon the - publication of each individual case.” - -I do not want to take this in detail, but I ask the Tribunal to look at -the first sentence of Section III: - - “It follows from the above that the main weight of the action - will have to be placed on lynchings. Should the campaign be - carried out to such an extent that the purpose, to wit: the - deterrence of enemy aviators, is actually achieved, which goal - is favored by the Foreign Office, then the strafing attacks by - enemy fliers directing the fire of their weapons upon the - civilian population must be stressed in a completely different - propagandist manner than heretofore.” - -I don’t think I need trouble the Tribunal, but that shows quite clearly -the defendant’s point of view. If the Tribunal would look at the next -document, it is stated at the beginning of the second paragraph: - - “Ambassador Ritter has advised us by telephone on 29 June that - the Minister for Foreign Affairs has approved this draft. . . .” - -That is the position as to the treatment of aviators, where there is, in -my suggestion, a completely cold-blooded and deliberate adoption of a -procedure evading international law. - -The second section is the destruction of the peoples in Europe. With -regard to Poland, again I want scrupulously to avoid going into details; -but I remind the Tribunal of the evidence of the Witness Lahousen, which -appears in the transcript, Pages 618 and 619 (Volume II, Pages 448-449) -on the 30th of November of last year, and on Pages 713 to 716 (Volume -III, Pages 20-25), when he was cross-examined on the 1st of December. - -Secondly, Bohemia and Moravia: On the 16th of March 1939 there was -promulgated the decree of the Führer and Reich Chancellor, signed by -Ribbentrop, concerning the Protectorate of Bohemia and Moravia. That is -already in as Exhibit GB-8, Document TC-51. The effect of that was to -place the Reich Protector in a remarkable position of supremacy under -the Führer. The only part which I would like the Tribunal to have in -mind is Article 5 and Subarticle 2: - - “2. The Reich Protector, as representative of the Führer and - Chancellor of the Reich and as Commissioner of the Reich - Government, is charged with the duty of seeing to the observance - of the political principles laid down by the Führer and - Chancellor of the Reich. - - “3. The members of the Government of the Protectorate shall be - confirmed by the Reich Protector. The confirmation may be - withdrawn. - - “4. The Reich Protector is entitled to inform himself of all - measures taken by the Government of the Protectorate and to give - advice. He can object to measures calculated to harm the Reich - and, in cases of danger, issue ordinances required for the - common interest. - - “5. The promulgation of laws, decrees, and other legal - provisions and the execution of administrative measures and - legal judgments shall be suspended if the Reich Protector enters - an objection.” - -As a result of this law, the two Reich Protectors of Bohemia and Moravia -and their various deputies were appointed; and then there were committed -the various crimes which will be detailed by my Soviet colleague. - -Similarly, with regard to the Netherlands on the 18th of May 1940, a -decree of the Führer was signed by Ribbentrop concerning the exercise of -governmental authority in the Netherlands, and that—Document 639-PS, -which I put in as Exhibit GB-154, Section 1—says: - - “The Occupied Netherlands Territories shall be administered by - the Reich Commissioner for the Occupied Netherlands Territories - . . . the Reich Commissioner is guardian of the interests of the - Reich and vested with supreme civil authority. - - “Dr. Arthur Seyss-Inquart is hereby appointed Reich Commissioner - for the Occupied Netherlands Territories.” - -On the basis of this decree, the Reich Commissioner—the Defendant -Seyss-Inquart—promulgated such orders as that of the 4th of July 1940, -dealing with the confiscation of property of those who had, or might -have, furthered activities hostile to the German Reich; and tentative -arrangements were made for the resettlement of the Dutch population. But -all this will also be dealt with fully by my French colleagues. - -I simply for the moment put in as a matter of reference the general -order of the Defendant Seyss-Inquart, which is GB-155, the document -being 2921-PS. I do not intend to read it. I have summarized the effect -of it and it will be dealt with more fully by my French colleagues. - -I want the Tribunal to appreciate, with regard to these two matters, -Bohemia and the Netherlands, that the charge against this defendant is -laying the basis and procuring the governmental structure under which -the War Crimes and Crimes against Humanity were directed. - -I should also put in formally Exhibit GB-156, the discussion on the -question of the Dutch population, which is contained in Document -1520-PS. Again I have explained it generally and I do not want to occupy -time by reading it in full now. - -Then coming to the Jews: In December 1938 the Defendant Ribbentrop, in a -conversation with M. Bonnet, who was then Foreign Minister of France, -expressed his opinion of the Jews. That was reported by the United -States Ambassador, Mr. Kennedy, to the State Department. The report of -Mr. Kennedy is Document L-205, which I now put in as Exhibit GB-157. If -I might read to the Tribunal the second paragraph, which concerns this -point: - - “During the day we had a telephone call from Berenger’s office - in Paris. We were told that the matter of refugees had been - raised by Bonnet in his conversation with Von Ribbentrop. The - result was very bad. Ribbentrop, when pressed, had said to - Bonnet that the Jews in Germany, without exception, were - pickpockets, murderers, and thieves. The property they possessed - had been acquired illegally. The German Government had therefore - decided to assimilate them with the criminal elements of the - population. The property which they had acquired illegally would - be taken from them. They would be forced to live in districts - frequented by the criminal classes. They would be under police - observation like other criminals. They would be forced to report - to the police as other criminals were obliged to do. The German - Government could not help it if some of these criminals escaped - to other countries which seemed so anxious to have them. It was - not, however, willing for them to take the property which had - resulted from illegal operations with them. There was in fact - nothing that it could or would do.” - -That succinct statement of this defendant’s views on Jews is elaborated -in a long document which he had sent out by the Foreign Office, which is -numbered 3358-PS, which I put in as Exhibit GB-158. I do not want to -read the whole of that document because it is excessively dreary; it is -also an excessively clear indication of the defendant’s views on the -treatment of Jews. But if the Tribunal would look at, first of all, Page -3—it is headed, “The Jewish Question as a Factor in German Foreign -Policy in the Year 1938”; after the four divisions the document goes on -to say: - - “It is certainly no coincidence that the fateful year 1938 has - brought nearer the solution of the Jewish question - simultaneously with the realization of the ‘idea of Greater - Germany,’ since the Jewish policy was both the basis and - consequence of the events of the year 1938.” - -That is elaborated. If the Tribunal will turn over to Page 4 at the -beginning of the second paragraph, they will see the first sentence: - - “The final goal of German Jewish policy is the emigration of all - the Jews living in Reich territory.” - -Then that is developed at great length through a large number of pages. -The conclusion which is—if the Tribunal would turn to the foot of Page -7 and examine it—it goes on this way: - - “These examples from reports from authorities abroad can, if - desired, be amplified. They confirm the correctness of the - expectation that criticism of the measures for excluding Jews - from German Lebensraum, which were misunderstood in many - countries for lack of evidence, would be only temporary and - would swing in the other direction the moment the population saw - with its own eyes and thus learned what the Jewish danger was to - them. The poorer and therefore the more burdensome the immigrant - Jew is to the country absorbing him, the stronger this country - will react and the more desirable is this effect in the interest - of German propaganda. The object of this German action is to be - a future international solution of the Jewish question, dictated - not by false compassion for the ‘United Religious Jewish - Minority’ but by the full consciousness of all peoples of the - danger which it represents to the racial composition of the - nations.” - -The Tribunal will appreciate that this document was circulated by the -defendant’s ministry, widely circulated to all senior Reich authorities -and to numerous people before the war, on the 25th of January 1939, just -after the statement to M. Bonnet. Apparently the anti-Semitism of the -defendant went from—I was going to say from strength to strength, if -that is the correct term, or at any rate from exaggeration to -exaggeration, for in June 1944 the Defendant Rosenberg made arrangements -for an international anti-Jewish congress to be held in Kraków on the -11th of July 1944. The honorary members were to be Von Ribbentrop, -Himmler, Goebbels, and Frank—I think the Defendant Frank. The Foreign -Office was to take over the mission of inviting prominent foreigners -from Italy, France, Hungary, Holland, Arabia, Iraq, Norway, et cetera, -in order to give an international aspect to the congress. However, the -military events of June 1944 prompted Hitler to call off the congress -which had lost its significance by virtue of the landings in Normandy. - -That is contained in Document 1752-PS, GB-159. At the foot of Page 1 the -Tribunal will see the following had been entered as honorary members: -Reich Foreign Minister Joachim von Ribbentrop. So that there is no doubt -that this defendant was behind the program against the Jews which -resulted in the placing of them in concentration camps with anyone else -who opposed the Nazi way of life; and it is submitted that he must, as a -minister in special touch with the head of the government, have known -what was going on in the country and in the camps. One who preached this -doctrine and was in a position of authority cannot, I submit to anyone -who has had any ministerial experience, suggest that he was ignorant of -how the policy was carried out. - -That is the evidence on the third allegation and it is submitted that by -the evidence which I have recapitulated to the Tribunal the three -allegations are proved. - -With regard to the second, Hitler’s own words were: - - “In the historic year of 1938 the Foreign Minister, Von - Ribbentrop, was of great help to me by virtue of his accurate - and audacious judgment and admirably clever treatment of all - problems of foreign policy.” - -During the course of the war this defendant was in close liaison with -the other Nazi conspirators. He advised them and made available to them, -in his embassies and legations abroad, information which was required -and at times participated, as I have shown, in the planning of War -Crimes and Crimes against Humanity. - -It is submitted that all the allegations which I read from Appendix A of -the Indictment are completely proved against this defendant. I want, if -the Tribunal will allow me, to add only one fact on behalf of the -British Delegation. In the preparation of these briefs we have received -great assistance from certain of our American colleagues; and I should -like to thank once, but nonetheless heartily, on behalf of us all, Dr. -Kempner’s staff: Captains Auchincloss, Claggett, and Stoll, Lieutenants -Felton and Heller, and Mr. Lachmann for the great help they have been to -us. - -THE PRESIDENT: We will adjourn now for 10 minutes. - - [_A recess was taken._] - -DR. ALFRED SEIDL (Counsel for the Defendant Frank): May it please the -Tribunal, I have a motion to make. - -THE PRESIDENT: On behalf of whom? - -DR. SEIDL: I want to make a motion which concerns the indictment of -Frank. - -The Charter of the Tribunal contains, in Part IV, regulations for a fair -trial, and Article 16 prescribes that for the purpose of safeguarding -the right of the defendants the following procedure shall be followed. -“The Indictment shall include full particulars specifying in detail the -charges against the defendant. A copy of the Indictment, and of all the -documents lodged with the Indictment, translated into a language which -he understands, shall be furnished to the defendant at a reasonable time -before the Trial.” - -At the beginning of the Trial the Defendant Frank was handed a copy of -the Indictment. This is the Indictment which was read on the first day. -This is, if I may say so, a general indictment. All actions are listed -therein which, according to the opinion of the Signatories of the London -Agreement, are regarded as Crimes against Peace, War Crimes, and Crimes -against Humanity. The Indictment does not contain in detail the criminal -actions of each defendant. I am now thinking about positive actions or -concrete actions or omissions. - -This morning I received a document. It has the title, “The Individual -Responsibility of the Defendant Hans Frank for Crimes against Peace, War -Crimes, and Crimes against Humanity”—or in German “Die persönliche -Verantwortlichkeit des Angeklagten Frank für Verbrechen gegen den -Frieden, für Kriegsverbrechen und Verbrechen gegen die Menschheit.” This -document is without any table of contents. It consists of 30 typewritten -pages. In addition to this document, or indictment, as I should like to -call it, another document book has been given to me, namely, “Document -Book Hans Frank.” The first document, as well as the second document is -not in German but in English. This first document is in reality what I -should call the indictment against Frank, because here in this document -of 30 pages for the first time those individual activities of Frank are -listed which are to be regarded as criminal actions. At least one ought -to say that this document is an essential part of the Indictment. . . - -THE PRESIDENT: Forgive me for interrupting you. The Tribunal has already -expressed its desire that a motion such as this should be made in -writing. The Tribunal considers that a motion of the sort which you are -now making orally is a waste of the Tribunal’s time and it therefore -desires you to put your motion in writing. It will then be considered. - -DR. SEIDL: I regret myself that I must make this motion now, but I was -not able to make this motion in writing before receiving this document -only two and a half hours ago. My motion is that the Prosecution should -submit these two documents to the Defendant Frank in the German -language. - -THE PRESIDENT: The Tribunal has not got the documents to which you are -referring. It is quite impossible for us to understand the motion you -are making unless you make it in writing and attach the documents or in -some other way describe or explain to us what the documents are. We have -not got the documents that you are referring to. - -DR. SEIDL: Then I shall make my motion in writing. - -THE PRESIDENT: Mr. Roberts, can you explain to me what the counsel who -has just spoken is complaining about? - -MR. G. D. ROBERTS (Leading Counsel for the United Kingdom): I gather he -was complaining that the trial brief and the document book which had -been served on his client, Frank, were in English and not in German. - -THE PRESIDENT: Who is dealing with the case against Frank? - -MR. ROBERTS: It is being dealt with by the United States. - -THE PRESIDENT: Perhaps I had better ask Colonel Storey then. - -COLONEL ROBERT G. STOREY (Executive Trial Counsel for the United -States): If the Tribunal please, I think what counsel is referring to is -the practice we have made of delivering in advance a copy of the -document book and a copy of the trial brief. In this particular instance -I happen to know that what counsel refers to is the trial address, which -is to be read over the microphone, and as a courtesy to counsel they -have been delivered in advance of the presentation, just like all the -other document books and briefs against the other individual defendants. -That’s what it is, as I understand it. - -THE PRESIDENT: The documents which will be presented against the -Defendant Frank will be all translated? - -COL. STOREY: I am sure they are; yes, Sir. I don’t know about the -individual case, but the instructions are that the documents will have -two photostats, each one in German, plus the English translation, for -counsel, and that is what has been delivered, plus the trial address, if -Your Honor pleases. We handed that to him in advance—what the attorney -will read over the microphone. - -THE PRESIDENT: Colonel Storey, I thought the Tribunal ordered, after -consulting the prosecutors as to the feasibility of the scheme, that -sufficient translators should be supplied to the defendants’ counsel so -that such documents as trial briefs, if in the English language, might -be translated to defendants’ counsel. You will remember it was suggested -that at least four translators, I think, should be supplied to the -defendants’ counsel. - -COL. STOREY: If the Tribunal will recall, I think this is what was -finally determined; that document books and briefs could be submitted in -English and the photostatic copies submitted to defendants’ counsel and -that if they wanted additional copies of the German, then they should -request them and they would be furnished. I think that is what the final -order was. - -THE PRESIDENT: There was, at any rate, a suggestion that translators -should be ordered to translate such documents as trial briefs. - -COL. STOREY: That is correct; yes, Sir, and whenever counsel wanted more -copies, then they would request them and they would be available for -them. The translators or translations or photostats would be available -if they requested them. - -Were there any other questions, Your Honor? - -THE PRESIDENT: Do you mean that translators have not been supplied to -defendants’ counsel? - -COL. STOREY: If Your Honor pleases, as I understand, the defendants’ -Information Center is now under the jurisdiction of the Tribunal, and my -information is—I would like to check it—that when they want extra -copies all they have to do is ask for them and they may obtain them and -sufficient translators are available to provide the extra copies if they -want them. That is my information. I have not checked it in the last few -days, but sufficient copies in English are furnished for all the -counsel; and these briefs and document books are furnished to them in -advance. In this case I am told that the document book and the briefs -were furnished. - -THE PRESIDENT: Yes. - -DR. FRITZ SAUTER (Counsel for Defendants Funk and Von Schirach): Your -Honor, you may be assured that we Defense Counsel do not like to take up -the time of the Tribunal for such discussions which we ourselves would -rather avoid. But the question just raised by a colleague of mine is -really very unpleasant for us Defense Counsel and makes our work -extremely difficult for us. - -You see, it does not help us if agreements are made or regulations are -issued and in actual practice it is entirely different. - -Last night, for example, we received a big volume of documents all of -which were in English. Now, in the evening in the prison we are supposed -to spend hours discussing with our clients the results of the -proceedings, a task which has now been rendered still more difficult by -the installation of wire screens in the consultation room. In addition -we are also required to talk over whole volumes of documents written in -English, and that is practically impossible. Time and again these -documents are not received until the evening before the day of the -proceedings; and it is not possible, even for one who knows English -well, to make the necessary preparation. - -The same thing is true of the individual trial briefs; and I do not know -whether the actual trial briefs, such as we receive for each defendant, -have also been submitted to the Tribunal. - -THE PRESIDENT: Nearly every document which has been referred to in this -branch of the case, which has been presented by Mr. Albrecht and by Sir -David Maxwell-Fyfe, are documents which have been referred to previously -in the Trial and which must have been before the defendants’ counsel for -many days—for weeks—and therefore there can be no lack of familiarity -with those documents. The documents which have been referred to, which -are fresh documents, are very few indeed and the passages in them which -are now being put in evidence are all read over the microphone and, -therefore, are heard by defendants’ counsel in German and can be studied -by German counsel tomorrow morning in the transcript of the shorthand -notes; and I do not see, therefore, what hardship is being imposed upon -German counsel by the method which is being adopted. - -You see, the Counsel for the Prosecution, out of courtesy to Counsel for -the Defense, have been giving them their trial briefs in English -beforehand. But there is no strict obligation to do that; and insofar as -the actual evidence is concerned, all of which is contained in -documents, as I have already pointed out to you, the vast majority of -those documents have already been put in many days ago and have been in -the hands of German counsel ever since, in the German language—and also -the documents which are now put in. - -DR. SAUTER: No, this is not true, Your Honor. This is the complaint -which we of the Defense Counsel, because we dislike to approach the -Tribunal with such complaints, have been discussing among ourselves—the -complaint that we do not receive German documents. You may be assured, -Mr. President, that if things were as you believe, none of us would -complain but we would all be very grateful; but in reality it is -different. - -THE PRESIDENT: But Dr. Sauter, surely when you have a reference to a -German document, that German document is available to you in the -Information Center; and as these documents have been put in evidence, -some of them as long ago as the 20th of November or shortly thereafter, -surely there must have been adequate time for defendants’ counsel to -study them. - -DR. SAUTER: Suppose, for instance, I receive this morning a volume on -Funk. I know, for instance, when Funk’s case comes on—perhaps tomorrow. -It is quite impossible for me to study this volume of English documents -upon my return from the prison at 10 o’clock in the evening. That simply -overtaxes the physical strength of a Defense Counsel. I could go through -it if it were in German, but even so, it is impossible for me after -finishing my visit to the prison at 9 or 10 o’clock in the evening to go -through such a volume. We absolutely cannot do it. - -THE PRESIDENT: You see, Dr. Sauter, it is not as though you had to -cross-examine witnesses immediately after the evidence is given. The -documents are put in and it is not for you then to get up and argue upon -the interpretation of those documents. You have, I regret to say, a -considerable time before you will have to get up and call your own -evidence and ultimately to argue upon the documents which are now being -put in. Therefore, it is not a question of hours, it is a question of -days and weeks before you will have to deal with these documents which -are now being put in. And I really do not see that there is any hardship -upon defendants’ counsel in the system which is being adopted. - -And you will not forget that the rule, which, in a sense, penalizes the -Prosecution, is that every document which is put in evidence and every -part of the document which is put in evidence, has to be read in open -court, in order that it should be translated over the earphones and then -shall get into the shorthand notes. I am told that the shorthand notes -are not available in German the next morning but are available only some -days afterwards. But they are ultimately available in German. And -therefore every defendant’s counsel must have a complete copy of the -shorthand notes, at any rate up to the recess; and that contains all the -evidence given against the defendants, and it contains it in German. - -DR. SAUTER: Yes, Mr. President, what we are most anxious to have done -and what we have been asking for many weeks is that the documents, or at -least those parts of the document which come into question, should be -given to us in German translation. It is very difficult for us, even if -we know English, to translate the documents in the time which is at our -disposal. It is practically impossible for any of us to do this. It is -for this reason that we regret that our wish to get the documents in -German is not being taken into consideration. We are conscious of the -difficulties and we are very grateful for any assistance given. We -assure you we are very sorry to have to make such requests, but the -conditions are really very difficult for us. The last word I wish to say -is that the conditions are really very difficult for us. - -THE PRESIDENT: Dr. Sauter, I am most anxious and the other members of -the Tribunal are most anxious that every reasonable facility should be -afforded to the defendants and their counsel. But, as I have pointed out -to you, it is not necessary for you, for any of you, at the present -moment, to get up and argue upon these documents which are now being put -in. By the time that you have to get up and argue upon the documents -which are now being put in, you will have had ample time in which to -consider them in German. - -DR. SAUTER: Thank you, Sir. - -HERR GEORG BOEHM (Counsel for the SA): I have repeatedly asked to -receive copies of everything presented in English. The accusation -against the SA was presented on the 19th or 18th of December, and at the -same time a document book was presented. Today I received a few -photostats, but I have not received the greater part of the photostats -or other pertinent translations. This shows that we do not receive the -German translations immediately after the presentation. Nor are we ever -able to read the transcript of the proceedings on the next day or on the -day after that. The minutes of the session. . . - -THE PRESIDENT: We are not dealing with the SA or the organizations at -the present moment. If you have any motion to make, you will kindly make -it in writing, and we will now proceed with the part of the Trial with -which we are dealing. - -HERR BOEHM: Mr. President, will you permit me one more remark? The -minutes of December 17 and 18, 1945 I have received today. - -THE PRESIDENT: Do you mean the transcript of it? - -HERR BOEHM: I received today the German transcript for the 18th and 19th -of December 1945. You see, it is not a fact that we receive the -transcript the day after or a few days after the session. I received it -weeks later, after I asked for it repeatedly. I have asked the -appropriate offices repeatedly to give me a copy of the document book in -German, and I have still not received it. - -THE PRESIDENT: Well, we will inquire into that. One moment. - -[_There was a pause in the proceedings while the Judges conferred._] - -THE PRESIDENT: Will the last counsel who was speaking stand up? - -I am told that the reason for the delay in the case you have mentioned -was that there had been an error in the paging and therefore the -transcripts of those shorthand notes had to be recopied. I understand -that the delay ordinarily is not anything like so long as that delay. - -HERR BOEHM: But I hardly believe that in the case of the translation of -the document book the delay is due to those reasons. But even if the -delay in this particular case should be justified, it means that week -after week I am hampered in my defense. I do not know the day before -what is going to be presented, and I do not know until weeks afterwards -what has been presented. I am therefore not in a position to study the -evidence from the standpoint of a Defense Counsel. I do not even know -what is contained in the document book. I am thus obviously handicapped -in my defense in every way. The Prosecution keeps saying that it will -furnish the documents on time. This is apparently not the case. - -THE PRESIDENT: Perhaps you will kindly make your complaint in writing -and give the particulars of it. Do you understand that? - -HERR BOEHM: Yes. - -THE PRESIDENT: Very well. - -MR. ROBERTS: May it please the Tribunal, it is my duty to present the -evidence against Keitel and also against the Defendant Jodl and I would -ask the Tribunal for permission, if it is thought right, that those two -cases should be presented together in the interest of saving time, a -matter which I know we all have at heart. - -The story with regard to Keitel and Jodl runs on parallel lines. For the -years in question they marched down the same road together. Most of the -documents affect them both, and in those circumstances, I submit, it -might result in a substantial saving of time if I were permitted to -present the cases against both of them together. - -THE PRESIDENT: Yes. - -MR. ROBERTS: Then I shall proceed, if I may, on that basis. - -My Lords, may I say that I fully recognize that the activities of both -these defendants have been referred to in detail many times and quite -recently by Colonel Telford Taylor, and my earnest desire is to avoid -repetition as far as I possibly can. And may I say I welcome any -suggestions, as I travel the road, which the Tribunal have to make, to -make my presentation still shorter. - -There is a substantial document book, Document Book Number 7, which is a -joint document book dealing with both the defendants. Practically all -the documents in that book have already been referred to. They nearly -all, of course, have a German origin. I propose to read passages from -only nine new documents and those nine documents, I think, are shown in -Your Lordship’s bundle and in the bundles of your colleagues. - -May I commence by referring, as shortly as may be, to the part of the -Indictment which deals with the two defendants. That will be found on -Page 33 (Volume I, Page 77) of the English translation. It begins with -“Keitel” in the middle of the page, and it says, “The Defendant Keitel -between 1938 and 1945” was the holder of various offices. I only want to -point out there that although the commencing date is 1938 the -Prosecution rely on certain activities of the Defendant Keitel before -1938, and we submit that we are entitled so to do because of the general -words appearing on Page 28 of the Indictment (Volume I, Page 68) at the -head of the appendix: - - “The statements hereinafter set forth following the name of each - individual defendant constitute matters upon which the - Prosecution will rely _inter alia_ as establishing the - individual responsibility. . . .” - -And then the Tribunal will see: - - “. . . Keitel used the foregoing positions, his personal - influence, and his intimate connection with the Führer in such a - manner that: He promoted the military preparations for war set - forth in Count One. . . .” - -If I may read it shortly—he participated in the planning and -preparation for wars of aggression and in violation of treaties, he -executed the plans for wars of aggression and wars in violation of -treaties, and he authorized and participated in War Crimes and Crimes -against Humanity. - -Then, “The Defendant Jodl between 1932 and 1945 was” the holder of -various positions. He “used the foregoing positions, his personal -influence, and his close connection with the Führer in such a -manner”—and this is not to be found in the text relating to -Keitel—“that: He promoted the accession to power of the Nazi -conspirators and the consolidation of their control over Germany. . . .” - -May I say, My Lords, here, that I know of no evidence at the moment to -support that allegation that he promoted the Nazi rise to power before -1933. There is plenty of evidence that he was a devoted, almost a -fanatical admirer of the Führer, but that, I apprehend, would not be -enough. - -And then it is alleged against Jodl that he promoted the preparations -for war, that he participated in the planning and preparation of the -war, and that he authorized and participated in War Crimes and Crimes -against Humanity. - -My Lords, with regard to the position of the Defendant Keitel, it is -well-known that in February of 1938 he became Chief of the OKW, Supreme -Commander of all the Armed Forces, and that Jodl became Chief of the -Operations Staff; and that is copiously proved in the shorthand notes -and in the documents. Perhaps I ought to refer to his position in 1935, -at the time when the reoccupation of the Rhineland was first envisaged. -Keitel was head of the Wehrmachtsamt in the Reich War Ministry, and that -is proved by a Document 3019-PS, which is to be found in _Das Archiv_; -and I ask the Court to take judicial notice of that. It is not in the -bundle. - -Jodl’s positions have been proved by his own statement, Document -2865-PS, which is also Exhibit USA-16; and in 1935 he held the rank of -lieutenant colonel, Chief of the Operations Department of the -Landesverteidigung. - -May I just refer to the pre-1938 period—that is, the pre-OKW period—to -two documents, one of which is new. The first document I desire to -mention without reading is EC-177. I do not want to read it. It is -Exhibit USA-390. My Lords, those are the minutes, shortly after the Nazi -rise to power, of the working committee of the Delegates for Reich -Defense. The date is the 22d of May 1933. Keitel presided at that -meeting. The minutes have been read. There is a long discussion as to -the preliminary steps for putting Germany on a war footing. Keitel -regarded the task as most urgent, as so little had been done in previous -years; and perhaps the Tribunal will remember the most striking passage -where Keitel impressed the need for secrecy: Documents must not be lost; -oral statements can be denied at Geneva. - -And I submit, if I may be allowed to make this short comment, it is -interesting to see in those very early days of 1933 that the heads of -the Armed Forces of Germany contemplated using lying as a weapon. - -My Lord, the next document I desire to refer to is a new one, and it is -EC-405, Exhibit GB-160. I desire to refer to this shortly because, in my -submission, it fixes Jodl with knowledge of, and complicity in, the plan -to reoccupy the Rhineland country, contrary to the Versailles Treaty. -The Tribunal will see that these are the minutes of the working -committee of the Reich Defense Council, dated the 26th of June 1935. - -The Court will see that, a quarter of the way down the page, -Subparagraph F, Lieutenant Colonel Jodl gives a dissertation on -mobilization preparation; and it is only the fourth and fifth paragraphs -on that same page, the last paragraph but one from the bottom, that I -desire to read: - - “The demilitarized zone requires special treatment. In his - speech of the 21st of May and other utterances, the Führer has - stated that the stipulations of the Versailles Treaty and the - Locarno Pact regarding the demilitarized zone are being - observed. To the _aide-mémoire_ of the French _chargé - d’affaires_ on recruiting offices in the demilitarized zone, the - Reich Government has replied that neither civilian recruiting - authorities nor other offices in the demilitarized zone have - been entrusted with mobilization tasks, such as the raising, - equipping, and arming of any kind of formations for the event of - war or in preparation therefor. - - “Since political complications abroad must be avoided at - present”—I stress the “at present”—“under all circumstances, - only those preparatory measures that are urgently necessary may - be carried out. The existence of such preparations or the - intention of making such preparations must be kept in strictest - secrecy in the zone itself as well as in the rest of the Reich.” - -My Lord, I need not read more. I submit that fixes Jodl clearly with -knowledge of the forthcoming breach of Versailles. - -My Lord, the day before the Rhineland was reoccupied on the 7th of March -1936, the Defendant Keitel issued the directive which has been read -before, Document C-194, Exhibit USA-55, ordering an air reconnaissance -and certain U-boat movements in case any other nation attempted to -interfere with that reoccupation. - -My Lords, I pass now to the 4th of February 1938, when the OKW was -formed. My Lords, shortly after its formation there was issued a -handbook, which is a new exhibit, from which I want to read short -passages. The number of the exhibit is L-211. It is Document GB-161. -Now, this is dated 19 April 1938; “top secret; Direction of War as a -Problem of Organization.” I read only from the appendix which is -entitled, “What is the War of the Future?”; and if the Court will kindly -turn over to the second page, I am going to read, 12 lines from the -bottom of the page, the line beginning “Surprise”: - - “Surprise as the requisite for quick initial success will often - require hostilities to begin before mobilization has been - completed or the armies are fully in position. - - “A declaration of war is no longer necessarily the first step at - the start of a war. - - “According to whether the application of the rules of warfare - create greater advantages or disadvantages for the warring - nations, will the latter consider themselves at war or not at - war with the neutral states.” - -It may, of course, be said that those were only theoretical words and -they might apply to any other nation which might be minded to make war -on Germany. The Court can use its judicial notice of the conditions of -things in Europe in 1938 and ask itself whether Germany had any -potential aggressor against her. - -But, My Lord, I emphasize that passage because I submit it so clearly -envisages exactly the way in which Germany did make war in 1939 and in -the subsequent years. - -My Lord, I now start to tread the road which has been trodden so many -times and which will be trodden so many times again, the road from 1938 -to 1941: the final act of aggression. My Lord, I believe that I can -treat this, so far as Keitel and Jodl are concerned, in a very few -sentences, because I submit that the documents which are already in, -which have been read and reread into the record, demonstrate quite -clearly that Keitel, as would only be expected, he being Chief of the -Supreme Command of all the Armed Forces, and Jodl, as only would be -expected also, he being Chief of the Operations Staff, were vitally and -intimately concerned with every single act of aggression which took -place successively against the various victims of Nazi aggression. - -My Lord, Your Lordship has in front of you the document book and perhaps -the trial brief in which those documents are set out under the heading. -If I might take first the aggression against Austria, Your Lordship will -remember, in Jodl’s diary on the 12th of February 1938, how Keitel, who -was something more than a mere soldier, put heavy pressure upon -Schuschnigg—that is Document 1780-PS, Jodl’s diary—how on the -following day Keitel writes to Hitler—Document 1775-PS, Exhibit -USA-75—suggesting the shamming of military action and the spreading of -false but quite credible news. - -Then the actual operation orders for “Operation Otto,” Exhibits USA-74, -75, and 77, all of the 11th of March 1938, are OKW orders for which -Keitel is responsible. - -THE PRESIDENT: What are the numbers of them? - -MR. ROBERTS: My Lord, Documents C-102, C-103, and C-182. One of them is -actually signed or initialed by Keitel, and two are initialed by Jodl. -Those are the operation orders for the advance into Austria, the -injunction, if the Tribunal remembers, to treat Czech soldiers as -hostile and to treat the Italians as friends. - -My Lord, that is the first milestone on the road, the occupation of -Austria. My Lord, the second is, is it not. . . - -THE PRESIDENT: Well, perhaps if you are going to pass on to another, we -had better adjourn now until 2 o’clock. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MR. ROBERTS: May it please the Tribunal, I had got to the commencement -of the alleged aggression against Czechoslovakia; and the Tribunal will -remember that the leading exhibit on that matter is the file 388-PS, -Exhibit Number USA-26, the “Fall Grün” file. My Lords, that file, in my -submission, contains copious evidence against both Keitel and Jodl, -showing that they were taking the natural part of the Chief of the -Supreme Command of the Armed Forces and the head of the Operations -Staff. - -May I remind the Tribunal of Item 2. I do not want to read any of these. -I might just refer to the notes of a meeting on the 21st of April 1938. -The important thing to notice is that Keitel and the Führer met alone, -showing the intimate connection between Keitel and the Führer. And it -was at that meeting that preliminary plans were discussed, including the -possibility of an incident, namely, the murder of the German Ambassador -at Prague. - -Item 5 in that file, dated the 20th of May 1938, shows the plans for the -political and the military campaign against Czechoslovakia, issued by -Keitel. - -Item 11, dated the 30th of May 1938, is the directive signed by Keitel -for the invasion of Czechoslovakia, with the date given as the 1st of -October 1938. - -There are many items which are initialed by Jodl—Item 14 and Item 17, -to mention only two. - -Perhaps, for the purpose of the note, I should mention the others: Items -24, 36, and 37. - -There is the directive, Items 31 and 32, dated the 27th of September -1938, signed by Keitel, enclosing orders for secret mobilization. - -Jodl’s diary, Document 1780-PS, contains many references to the -forthcoming aggression, particularly the 13th of May and the 8th of -September; and there is a very revealing entry on the 11th of September -in Jodl’s diary, 1780-PS, in which he says. . . - -THE PRESIDENT: Will you give us the date? - -MR. ROBERTS: I beg Your Lordship’s pardon; 11th of September 1938. - - “In the afternoon conference with Secretary of State Hahnke, - from the Ministry of Public Enlightenment and Propaganda, on the - imminent common tasks. The joint preparations for refutation of - our own violations of international law and the exploitation of - its violations by the enemy were considered particularly - important.” - -I emphasize those words, “our own violations of international law.” - -My Lords, as a result of that conference the Document C-2, which was -referred to by my learned leader, Sir David, was prepared, which the -Tribunal will remember has in parallel columns the possible breach of -international law and the excuse which is then going to be given for it. -It was referred to so recently that I need not refer to it again. - -My Lords, I respectfully submit on that branch of the case that there is -an overwhelming case that Keitel and Jodl played an important, indeed a -vital part, in the aggression against Czechoslovakia which led up to the -Pact of Munich. - -My Lords, after the Pact of Munich was signed, as has been pointed out -many times, the Nazi conspirators at once set about preparations for -annexing the remainder of Czechoslovakia. - -My Lords, at this point Jodl disappears from the scene for a time, -because he goes to do some regimental soldiering as artillery general in -Austria—artillery general of the 44th Division—and so it cannot be -said that there is any evidence against him from the Munich Pact until -the 23rd of August 1939, when he is recalled on the eve of the Polish -invasion to take up his duties once more as chief of the operational -staff of OKW. - -So far as Keitel is concerned, on the 21st of October 1938, less than a -month after the Munich Pact, he countersigned Hitler’s order to -liquidate the rest of Czechoslovakia and to occupy Memel—Document -C-136, Exhibit Number USA-104. - -On the 24th of November 1938, Document C-137, Exhibit Number GB-33, -Keitel issues a memorandum about the surprise occupation of Danzig. - -On the 17th of December 1938, Document C-138, Exhibit Number USA-105, he -signs an order to the lower formations: “Prepare for the liquidation of -the rest of Czechoslovakia.” Those preparations were made. - -On the 15th of March 1939 Keitel, who—I again repeat—was more than a -mere soldier, was present at the midnight conference between the Führer -and Hacha, President of Czechoslovakia, when, under a threat of bombing -Prague, Hacha surrendered the rest of his country to the Germans. I -refrain from referring to the contents of the minutes, which have been -read many times already. - -My Lords, so that milestone is past. And again I submit, in all that -aggression it is clear that Keitel was playing a vital part as Hitler’s -right-hand man, commanding all the armed forces under him. - -I now pass to the Polish aggression. Keitel was present at the meeting -at the chancellery on the 23rd of May 1939, Document L-79, Exhibit -Number USA-27, when it was said—just a few words so familiar: Danzig -was not the subject of the dispute; Poland was to be attacked at the -first suitable opportunity; Dutch and Belgian air bases must be -occupied; declarations of neutrality were to be ignored. - -The directive for “Fall Weiss”, the invasion of Poland, is Document -C-120(a), Exhibit GB-41. The date is the 3rd of April 1939. The Tribunal -will remember the plans were to be submitted to OKW by the 1st of May, -and the forces were to be ready for invasion by the 1st of September. -And that directive is signed by Keitel. - -Document C-126, Exhibit GB-45, is a follow-up of that previous -directive. It is dated the 22d of June 1939. The need for camouflage is -emphasized; and it is stated, “Do not disquiet the population.” That is -signed by Keitel. - -On the 17th of August 1939, Document 795-PS, Exhibit GB-54, Keitel has a -conference with Admiral Canaris about the supplying of Polish uniforms -to Heydrich; and it will be noticed in the last paragraph of the note -that Admiral Canaris is against the war, and Keitel argues in favor of -it. And Keitel made the prophecy that Great Britain would not enter the -war. - -I submit that Keitel’s vital part, again, in the preparation for the -aggression against Poland is clearly established beyond possibility of -dispute. - -Jodl, as I have said to the Tribunal, was recalled on the 23rd of -August, as seen in his diary entry, Document 1780-PS, where he says that -he is recalled to take charge of the Operations Staff. He says: - - “Received order from armed forces high command to proceed to - Berlin and take over position of Chief of Armed Forces Executive - Office.”—And then—“1100 hours to 1330 hours—discussion with - Chief of Armed Forces High Command. X-Day has been announced for - the 26th of August. Y-Time has been announced for 0430 hours.” - -And I submit that the Tribunal can infer the importance of Jodl to this -conspiracy from the fact that on the eve of the war he is recalled to -Berlin to take his place at the head of the operational staff of the -Supreme Command. - -So Poland was invaded, and before I pass to the next aggression may I -just point out that, according to the evidence of General Lahousen, if -the Tribunal accepts it on this point, Keitel and Jodl were in the field -with Hitler on the 10th of September 1939. That is in the shorthand -notes, Pages 617 and 618 (Volume II, Pages 447 and 448). I don’t suppose -there will be any dispute that the head of the High Command and the -Chief of his Operational Staff were in the field. - -My Lord, I pass now to Norway and Denmark. So far as both are concerned -we see from Document C-64, Exhibit GB-86, that on the 12th of December -1939 Keitel and Jodl were both present at Hitler’s conference with -Raeder when the invasion of Norway was discussed; and Keitel’s direct -responsibility to those operations is shown in my submission by Document -C-63, Exhibit GB-87, in which Keitel says that the operations against -Norway will be “under my direct and personal guidance.” And he sets up a -planning staff of OKW for the carrying out of those operations. - -Jodl’s knowledge and complicity, in my submission, are clearly shown -also from the entries in his own diary—Document 1809-PS. That is the -second part of his diary. And the Tribunal will remember the entry of -the 13th of March 1940, in which he records that the Führer was still -looking for an excuse for the “Weser” operations. That is the 13th of -March, My Lord, 1809-PS: - - “The Führer does not give the order yet for Weser. He is still - looking for an excuse.” - -And then, on the 14th of March, “Führer has not yet decided what reason -to give for Weser Exercise,” which, in my submission, if I may be -allowed to make a short comment, shows up in a lurid light the code of -honor of the military leaders of Germany—still looking for an excuse. - -My Lord, then, as we know, Norway was attacked unawares; and then -subsequently lying excuses were given. - -My Lord, the invasion of the Low Countries and Luxembourg equally, in my -submission, is clearly shown by the documents to have been controlled -and directed by Keitel with Jodl’s assistance. The Tribunal already have -a note of the conference in May of the lands to be occupied—Document -L-79. Document C-62, Exhibit GB-106, is a directive, signed “Hitler,” on -the 9th of October 1939 and another directive, signed “Keitel,” on the -15th of October. C-62 comprises two documents, the 9th of October and -15th of October—two directives, one signed “Hitler” and one signed -“Keitel”—both giving orders for the occupation of Holland and Belgium. - -My Lord, Document C-10, Exhibit GB-108, dated the 8th of November, is -Keitel’s operation orders for the 7th Parachute Division to make an -airborne landing in the middle of Holland. - -Document 440-PS, Exhibit GB-107, dated the 20th of November 1939, signed -“Keitel,” is a further directive for the invasion of Holland and -Belgium. - -Document C-72, Exhibit GB-109, 7th of November 1939, the 10th of May -1940, 18 letters—11 signed by Keitel, 7 signed by Jodl: “The Führer is -postponing A-Day because of the weather.” - -My Lord, Jodl’s diary is also eloquent on that subject. That is Document -1809-PS. Several entries—perhaps I need not refer to them -again—relating to these forthcoming operations, culminating with the -one on the 8th of May, which perhaps the Tribunal will remember, when -Jodl says, “Alarming information from Holland,” and he expresses -righteous indignation that the wicked Dutchmen should erect roadblocks -and make mobilization preparations. - -My Lord, and so those three neutral countries were invaded, and I submit -there is copious and overwhelming evidence that these men were in charge -of the military organizations which made those invasions possible. - -My Lord, I pass now to the planning for the aggression against Greece -and Yugoslavia. Document PS-1541, Exhibit GB-117, dated 13th of December -1940, Hitler’s order for “Marita,” the operation against Greece, signed -by Hitler, and a copy to Keitel, namely, OKW. - -Document 448-PS, Exhibit GB-118, 11th of January 1941: Keitel initialed -a Hitler order for the Greek operation. - -Document C-134, Exhibit GB-119, 20th of January 1941: Both Keitel and -Jodl are present at the conference with Hitler, Mussolini, and others -when the operations against Greece and Yugoslavia are discussed. - -Document C-59, Exhibit GB-121, 19th of February 1941: The dates of the -operations against Marita are filled in by Keitel. - -Document 1746-PS, Exhibit GB-120, 27th of March 1941: A conference with -Hitler, Keitel, and Jodl present; the decision to attack and destroy -Yugoslavia is announced, and the Führer said: “I am determined to -destroy Yugoslavia. I shall use unmerciful harshness to frighten other -neutrals”—and these two soldiers were present when that was said. - -My Lord, I submit that on that the complicity of these two men for that -aggression is amply proved. - -My Lord, I pass to Barbarossa—Document 446-PS, Exhibit USA-131, dated -18th of December 1940—Hitler’s order for the Barbarossa operation, -initialed by Keitel and Jodl. Hitler says, the Tribunal will remember, -that he intends to overthrow Russia in a single rapid campaign. - -Document 872-PS, Exhibit USA-134, 3rd of February 1941: A discussion -with Hitler, Keitel, and Jodl re: Barbarossa and “Sonnenblume”—North -African suggestions. Hitler said, “When Barbarossa commences, the world -will hold its breath and make no comments.” - -Then, Document 447-PS, Exhibit USA-135, dated 13th of March 1941: That -is an operation order signed by Keitel re: the administration of the -areas which were to be occupied; showing again that Keitel was more than -a mere soldier; this is civil administration. - -Document C-39, Exhibit USA-138, 6th of June 1941: Timetable for -Barbarossa, signed by Keitel, and Jodl gets a sixth copy. - -Document C-78, Exhibit USA-139, 9th of June 1941, is Hitler’s order to -Keitel and Jodl to attend the pre-Barbarossa conference on the 14th of -June 1941, 8 days before the operation. - -My Lord, on those facts and documents on the position of these two -defendants, again I respectfully submit their participation in this -aggression is overwhelmingly proved. - -My Lord, the last aggression is with regard to the provoked persuasion -of Japan to commit an aggression against the United States of America. -My Lord, there are two key documents; and both Keitel and Jodl are -implicated by both of them. My Lord, the first is Document C-75, Exhibit -USA-151, dated 5th of March 1941. It is an OKW order signed by Keitel, -copy to Jodl. “Japan must be induced to take positive action as soon as -possible” is a quotation from it. - -Document C-152, Exhibit GB-122, 18th of March 1941: The meeting between -Hitler, Raeder, Keitel, and Jodl—Japan to seize Singapore. That is the -relevant extract on that. - -My Lord, on those acts of aggression and those preparations for -aggression, I submit that the case against these two men is -overwhelming. It is clear, in my submission, that there could be no -defense open to them except that they were obeying the orders of a -superior. That defense is not open to them under this Charter. No doubt -all these wicked schemes germinated in the wicked brain of Hitler, but -he could not carry them out alone. He wanted men nearly as wicked and -nearly as unscrupulous as himself. - -My Lord, I now pass very rapidly to the question of War Crimes and -Crimes against Humanity. My Lord, it has already been proved that Keitel -signed the “Nacht und Nebel” decrees, committing persons to -incarceration in Germany where all trace of them was lost. That is -Document L-90, Exhibit USA-503. - -There is one fresh document that I desire to put in. Colonel Telford -Taylor put in Document C-50, Keitel’s order as to ruthless action in the -Barbarossa campaign. There is one complementary document to that, -Document C-51, which is Exhibit GB-162, Keitel’s order dated the 27th of -July 1941: - - “In accordance with the regulations concerning classified - material the following offices will destroy all copies of the - Führer’s decree of 13 May 1941”—that is C-50, the Barbarossa - decree—“in the communication mentioned above: - - “a) All offices up to the rank of ‘general commands’ - inclusive;”—My Lord, that means that corps commanders and - downwards should destroy copies—“b) group commands of the - armored troops”—that again means offices of the armed corps - below the rank of corps commanders should destroy the - copies—“c) army commands and offices of equal rank, if there is - an inevitable danger that they might fall into the hands of - unauthorized persons.” - -That is to say that even higher generals, if the war approaches closely -to them, should destroy these documents rather than risking any chance -of their being captured. - - “The validity of the decree is not affected by the destruction - of the copies. In accordance with Paragraph III, it remains the - personal responsibility of the commanding officers to see to it - that the offices and legal advisers are instructed in time and - that only these sentences are confirmed which correspond to the - political intentions of the Supreme Command.” - -That was with regard to German soldiers not being tried by court-martial -for offenses against Soviet troops: “This order will be destroyed -together with the copies of the Führer’s decree.” - -My Lord, I submit that the anxiety on the part of the OKW, presided over -by Keitel, to destroy that—I suggest an illegal order; a barbarous -order—is significant. - -My Lord, I desire now to put in another document which is almost the -last document in the bundle, UK-20. Your Lordship will find it flagged -at the end of the bundle. It is from the Führer’s headquarters, 26th of -May 1943. It says: - - “Re: Treatment of supporters of De Gaulle who fight for the - Russians. - - “French airmen serving in the Soviet forces have been shot down - on the Eastern Front for the first time. The Führer has ordered - that employment of French troops in the Soviet forces is to be - counteracted by the strongest means. - - “It is therefore ordered: - - “1) Supporters of De Gaulle who are taken prisoner on the - Eastern Front will be handed over to the French Government for - proceedings in accordance with OKW order. . . .” - -And then I read Paragraph 3: - - “Detailed investigations are to be made in appropriate cases - against relatives of Frenchmen who fight for the Russians, if - these relatives are resident in the occupied area of France. If - the investigation reveals that relatives have given assistance - to facilitate escape from France, then severe measures are to be - taken.” - -My Lord, I offer that as Exhibit GB-163. - -My Lord, there is a document which I feel I should put in, which is the -next document in the bundle. It is Document UK-57, Exhibit GB-164. This -is the last document, I think, in the bundle. My Lord, it is from the -Ausland Abwehr—I believe it is from the intelligence foreign -department. It is to the OKW and it is signed the 4th of January 1944. -My Lord, the heading is “Re: Counteraction to Kharkov ‘trial.’” -Paragraph 2 is all that I read: - - “The documents concerning ‘commandos’ have been asked for and - thoroughly investigated by the Reich Security Main Office. In - five cases members of the British Armed Forces were arrested as - participants. Thereupon they were shot in compliance with the - order from the Führer. It would be possible to attribute to them - breaches of international law and to have them posthumously - sentenced to death by a Tribunal. Up to the present no breaches - of international law could be proved against commando - participants.” - -My Lord, I read no more, and I submit that that is clearly an admission -of murder, not warfare at all. - -My Lord, Keitel’s comments are to be found in the top left-hand corner -of that document: - - “We want documents on the basis of which we can institute - similar proceedings. They are reprisals which have no connection - with battle actions. Legal justifications are superfluous.” - -THE PRESIDENT: Is that not at the top signed by Keitel? - -MR. ROBERTS: It is typewritten in the office copy which is the original. - -THE PRESIDENT: There is no actual signature? - -MR. ROBERTS: No. - -THE TRIBUNAL (Mr. Biddle): How does it connect with Keitel then? - -MR. ROBERTS: “Vermerk Chef OKW”—that is “note of the Chief of OKW.” - -Now, that is the first minute. My Lord, the second minute is on the same -subject, and it is dated the 6th of January 1944; and there is a large -red Keitel “K” initialed on the top of this letter, showing that he got -it. My Lord, the first paragraph deals with two officers who were then -at Eichstätt Camp in Bavaria. My Lord, there is no importance in that -paragraph, because those two officers are still alive. - -The second paragraph: - - “Attempted attacks on the battleship _Tirpitz_. - - “At the end of October ’42 a British commando that had come to - Norway in a cutter had orders to carry out an attack on the - battleship _Tirpitz_ in Drontheim Fjord by means of a two-man - torpedo. The action failed since both torpedoes which were - attached to the cutter were lost in the stormy sea. From the - crew consisting of six Englishmen and four Norwegians, a party - of three Englishmen and two Norwegians were challenged on the - Swedish border. However, only the British seaman Robert Paul - Evans, born 14 January ’22 at London, could be arrested . . . - the others escaped into Sweden. - - “Evans had a pistol pouch in his possession such as are used to - carry weapons under the armpit and also a knuckle-duster. - Violence, representing a breach of international law, could not - be proved. He has made extensive statements about the operation. - In accordance with the Führer’s order he was shot on 19 January - ’43.” - -Again I submit, that is murder. Violence representing a breach of -international law could not be proved. - -My Lord, then the third paragraph: - - “Blowing up of the Glomfjord power station. - - “On 16 September ’42, 10 Englishmen and two Norwegians landed on - the Norwegian coast dressed in the uniform of the British - Mountain Rifle Regiment, heavily armed and equipped with - explosives of every description. After negotiating difficult - mountain country they blew up important installations in the - power station Glomfjord on 21 September ’42. The German sentry - was shot dead on that occasion. Norwegian workmen were - threatened that they would be chloroformed should they resist. - For this purpose the Englishmen were equipped with morphia - syringes. Several of the participants have been arrested while - the others escaped into Sweden. - - “Those arrested are: Captain Graeme Black, born 9 May ’11 in - Dresden; Captain Joseph Houghton, born 13 June ’11 at - Bromborough; Sergeant-major Miller Smith, born 2 November ’15 at - Middlesborough; Corporal William Chudley, born 10 May ’22 at - Exeter; Rifleman Reginald Makeham, born 28 January ’14 at - Ipswich; Rifleman Cyril Abram, born 20 August ’22 in London; - Rifleman Eric Curtis, born 24 October ’21 in London. They were - shot on 30 October ’42.” - -Again there is no suggestion that there was any breach of international -law. They were British seamen and they were in uniform. - -Then Paragraph 4: - - “The sabotage attack against German ships off Bordeaux. - - “On 12 December ’42, a number of German ships off Bordeaux were - seriously damaged by explosives below water-level. The adhesive - mines had been fixed by five English sabotage gangs working from - canoes. Of the 10 participants the following were arrested after - a few days. . . .” - -Then there followed six names, six British names—one an Irishman; a -lieutenant, a petty officer, a sergeant, and three marines. - - “A seventh soldier named Moffett was found drowned; the - remainder apparently escaped into Spain. - - “The participants proceeded in pairs from a submarine in canoes - upstream into the mouth of the River Gironde. They were wearing - olive grey special uniforms. After effecting the explosions they - sank the boats, and attempted to escape into Spain in civilian - clothes, with the assistance of the French civilian population. - No special criminal actions during the flight have been - discovered. All the arrested, in accordance with orders, were - shot on 23 March 1943.” - -Keitel initialed that document. That document, read by my learned leader -Sir David Maxwell-Fyfe not so long ago, is Document Number 735-PS, -quoting Keitel as saying, “I am against legal procedure. It does not -work out.” - -THE PRESIDENT: Would you read the Page 5 which follows that? - -MR. ROBERTS: If it will please the Tribunal, that is what I shall do. -Page 5: - - “The Führer’s headquarters, 9 January 1944. The Chief of OKW has - handed the Deputy Chief”—that ought to be WFSt, that is - Jodl—“the enclosed letter with the following account: - - “It is of no importance to establish documentary proof of - breaches of international law. What is important, however, is - the collection of material suitable for a propaganda - presentation of a display trial. A display trial as such is - therefore not meant actually to take place but merely to be a - propaganda presentation of cases of breaches of international - law by enemy soldiers, who will be mentioned by name and who - have already either been punished with death or are awaiting the - death penalty. The Chief of the OKW asks the Chief of the - Foreign Department to bring with him pertinent documents for his - next visit to the Führer’s headquarters.” - -As the Tribunal heard from my learned friend, Sir David Maxwell-Fyfe, -when he read Document 735-PS earlier today, Keitel said, “I am against -legal procedure. It does not work out.” - -One can agree with Keitel after having read that record of what, in my -submission, is cold-blooded murder of brave men, brave soldiers and -sailors who were fighting for their country; and although this Trial has -a record of the death of brave men, of the murder of brave men, there -are few cases which are more poignant than those shown in the documents -to which I have just referred. - -I have finished my presentation of the case against Keitel and against -Jodl. So far as Jodl’s part in the War Crimes and Crimes against -Humanity is concerned, he figures much less than Keitel. Of course, he -had no power of giving orders or directives, but we see that he at any -rate signed and circulated an infamous order of the Führer saying that -commandos ought to be shot and are not to be treated as prisoners of war -at all. - -In my submission the evidence against these two men is overwhelming and -their conviction is demanded by the civilized world. - -Your Lordships, Mr. Walter W. Brudno of the American Delegation will -present the case against Alfred Rosenberg. - -MR. WALTER W. BRUDNO (Assistant Trial Counsel for the United States): -May it please the Tribunal, in connection with the case against the -Defendant Rosenberg, I wish to offer the document book designated as -United States Exhibit EE. This book contains the English translation of -all the documents which I will offer into evidence, as well as the -English translation of those documents previously offered to which I -will refer. The documents are arranged by series in the order of C, L, -R, PS, and EC, and they are arranged numerically within each series. - -Your Honors will note that on the first four pages of the document book -there appears a descriptive list of documents. This list is a tabulation -of all the documents directly implicating Rosenberg, including those -previously offered, and those which I will offer into evidence. Those -previously offered are keyed to the transcript page of the Record, and -to their exhibit numbers. The list is included in the document books. -The list is included in the document books made available to the -Defense. This list will gather together in one place all references to -the Defendant Rosenberg which are in the Record up to this point. In -order to avoid repetition, I will not refer to a great many of the -documents previously introduced. - -The Indictment at Page 29 (Volume I, Page 70) charges the Defendant -Rosenberg under all four Counts of the Indictment. In the presentation -which follows, I will show that as charged in Count One, Section IV, -Subparagraph D, Rosenberg played a particularly prominent role in -developing and promoting the doctrinal techniques of the conspiracy, in -developing and promoting beliefs and practices incompatible with -Christian teaching, in subverting the influence of the churches over the -German people, in pursuing the program of relentless persecution of the -Jews, and in reshaping the educational system in order to make the -German people amenable to the will of the conspirators and to prepare -the people psychologically for waging an aggressive war. - -I will also show that Rosenberg played an important role in preparing -Germany for the waging of aggressive war through the direction of -foreign trade, as charged in Count One, Subparagraph E, of the -Indictment, and that his activities in the field of foreign policy -contributed materially toward the preparation for the aggression charged -in Subparagraph F in the Indictment and the Crimes against Peace, as -charged in Count Two. - -Finally I will show that Rosenberg participated in the planning and -direction of the War Crimes and Crimes against Humanity, as specified in -Paragraph G of Count One of the Indictment. Particularly, he -participated in the planning and direction of the spoliation of art -treasures in the western countries and in the numerous crimes committed -in that part of the eastern countries formerly occupied by the U.S.S.R. - -The political career of the Defendant Rosenberg embraced the entire -history of National Socialism and permeated nearly every phase of the -conspiracy with which we are concerned. In order to obtain a full -conception of his influence upon and participation in the conspiracy, it -is necessary to review briefly his political history, and to consider -each of his political activities in their relation to the thread of the -conspiracy which stretches from the inception of the Party in 1919 to -the defeat of Germany in 1945. - -It is both interesting and revealing to note that for Rosenberg the 30th -of November 1918 marked the “beginning of political activities with a -lecture about the ‘Jewish Problem.’” That statement is found at Line 2 -of the translation of Document 2886-PS, which is an excerpt from a book -entitled, _The Work of Alfred Rosenberg_, a biography, and I offer this -book as Exhibit Number USA-591. - -From the Document 3557-PS, which has excerpts from an official pamphlet -entitled _Dates in the History of the NSDAP_, and which I offer as -Exhibit Number USA-592, we learn that Rosenberg was a member of the -German Labor Party, afterwards the National Socialist German Workers -Party, in January 1919 and that Hitler joined forces with Rosenberg and -his colleagues in October of the same year. Thus, Rosenberg was a member -of the National Socialist movement even before Hitler himself. - -Now I wish to offer Document 3530-PS, which is an extract from _Das -Deutsche Führer Lexikon_, the year of 1934-35, and I offer it as Exhibit -Number USA-593. In this document we obtain additional biographical data -on Rosenberg as follows: - - “From 1921 until the present he was editor of the _Völkische - Beobachter_; editor of the _N. S. Monatshefte_; in 1930, he - became member of the Reichstag and representative of the foreign - policies for the Party . . . since April 1933 he was leader of - the foreign political office of the NSDAP, then designated - Reichsleiter; in January 1934, deputized by the Führer for the - supervision of the ideological education of the NSDAP, the - German labor front, and all related organizations.” - -The Document 2886-PS, which I have just referred to, offered as Exhibit -Number USA-591, adds that in July 1941 Rosenberg was appointed Reich -Minister for the Occupied Eastern Territories. - -With this general background information in mind the first phase of -proof will deal with Rosenberg as official National Socialist -ideologist. The proof which I will present will show the nature and -scope of the ideological tenets he expounded, and the influence he -exerted upon the unification of German thought, a unification which was -an essential part of the conspirators’ program for the seizure of power -and preparation for aggressive war. - -Rosenberg wrote extensively on, and actively participated in, virtually -every aspect of the National Socialist program. His first publication -was the _Nature, Basic Principles, and Aims of the NSDAP_. This -publication appeared in 1922. Rosenberg spoke of this book in a speech -which we have seen and heard delivered in the motion picture previously -introduced as Exhibit Number USA-167. On Page 2, Part 1, of the -transcription of the speech, which is our Document Number 3054-PS, -Rosenberg stated as follows: - - “During this time”—that is, during the early phase of the - Party—“I wrote a short thesis which nevertheless is significant - in the history of the NSDAP.”—This is Rosenberg speaking.—“It - was always being asked what points of program the NSDAP had and - how they were to be interpreted. Therefore I wrote the _Nature, - Basic Principles, and Aims of the NSDAP_, and this writing made - the first permanent connection for Munich and local - organizations being created and friends within the Reich.” - -We thus see that the original draftsman of, and spokesman on, the Party -program was the Defendant Rosenberg. Without attempting to survey the -entire ideological program advanced by the Defendant Rosenberg in his -various writings and speeches, which are very numerous, I wish to offer -into evidence certain of his statements as an indication of the nature -and broad scope of the ideological program which he championed. It will -be seen that there was not a single basic tenet of the Nazi philosophy -which was not given authoritative expression by Rosenberg. Rosenberg -wrote the book entitled _Myth of the Twentieth Century_, published in -1930. This book has already been offered as Exhibit USA-352. At Page -479, which Your Honor will find on the second page of Document 3553-PS, -Rosenberg wrote on the race question as follows: - - “The essence of the contemporary world revolution lies in the - awakening of the racial type; not in Europe alone but on the - whole planet. This awakening is the organic counter movement - against the last chaotic remnants of the liberal economic - imperialism, whose objects of exploitation out of desperation - have fallen into the snare of Bolshevik Marxism, in order to - complete what democracy had begun, the extirpation of the racial - and national consciousness.” - -Rosenberg expounded the Lebensraum idea, which idea was the chief -motivation, the dynamic impulse behind Germany’s waging of aggressive -war. In his journal, the _National Socialist Monatshefte_, for May 1932, -which I wish to offer as Exhibit Number USA-594, our Document Number -2777-PS, he wrote at Page 199: - - “The understanding that the German nation, if it is not to - perish in the truest sense of the word, needs ground and soil - for itself and its future generations; and the second sober - perception that this soil can no more be conquered in Africa, - but in Europe and first of all in the East—these organically - determine the German foreign policy for centuries.” - -Rosenberg expressed his theory as to the place of religion in the -National Socialist State in his _Myth of the Twentieth Century_, -additional excerpts from which are cited in Document 2891-PS. At Page -215 of the “Myth” he wrote as follows: - - “We now realize that the central supreme values of the Roman and - the Protestant Churches being a negative Christianity do not - respond to our soul, that they hinder the organic powers of the - people designated as a Nordic race, that they must give way to - them, that they have to be remodelled to conform to a Germanic - Christianity. Therein lies the meaning of the present religious - search.” - -In the place of traditional Christianity, Rosenberg sought to implant -the neo-pagan myth of the blood. - -THE PRESIDENT: Do you want to break off here for a recess? - -MR. BRUDNO: Yes, Your Honor. - - [_A recess was taken._] - -THE PRESIDENT: I have an announcement to make to the defendants’ -counsel. In view of the applications which were made to the Tribunal -this morning, I immediately ordered on behalf of the Tribunal that an -investigation should be made of the complaints made by defendants’ -counsel about the delay in the delivery of the transcript of the -shorthand notes and such delay will be remedied at once. The -investigation shows that transcripts of the sessions up to and including -the 20th of December can be completed by this afternoon. The transcripts -for the sessions held since the resumption of the Trial will be -distributed, up to and including the 8th of January, by tomorrow -evening. Hereafter, the German transcripts will be regularly distributed -to the Defense Counsel within a period of 48 hours after the session. - -MR. BRUDNO: If Your Honors please, when the Court rose I had just read a -quotation of Rosenberg, in which he expressed his views on Christianity. - -In the place of traditional Christianity, Rosenberg sought to implant -the neo-pagan myth of the blood. At Page 114 in the _Myth of the -Twentieth Century_ he stated as follows: - - “Today, a new faith is awakening; the myth of the blood, the - belief that the divine being of mankind generally is to be - defended with the blood. The faith embodied by the fullest - realization that the Nordic blood constitutes that mystery which - has supplanted and overwhelmed the old sacraments.” - -Rosenberg’s attitudes on religion were accepted as the only philosophy -compatible with National Socialism. In 1940 the Defendant Bormann wrote -to Rosenberg in Document 098-PS, which has been previously introduced as -Exhibit Number USA-350; and I quote: - - “The churches cannot be conquered by a compromise between - National Socialism and Christian teachings but only through a - new ideology, whose coming you, yourself, have announced in your - writings.” - -Rosenberg actively participated in the program for elimination of church -influence. The Defendant Bormann frequently wrote Rosenberg in this -regard, furnishing him information as to proposed action to be -instituted against the churches; and, when necessary, requesting that -action be taken by Rosenberg’s department. I refer to documents -introduced in connection with the case against the Leadership Corps, -such documents as 070-PS, Exhibit Number USA-349, which deals with -abolition of religious services in the schools; Document 072-PS, Exhibit -Number USA-357, dealing with confiscation of religious property; -Document 064-PS, Exhibit Number USA-359, which deals with the inadequacy -of anti-religious material being circulated to the soldiers; Document -089-PS, Exhibit Number USA-360, dealing with curtailment of the -publication of Protestant periodicals; and Document 122-PS, which is -Exhibit Number USA-362, dealing with the closing of theological -faculties. - -Rosenberg was particularly avid in his pursuit of what he called the -“Jewish question.” On the 28th of March 1941, on the occasion of the -opening of the Institute for the Exploration of the Jewish Question, he -set the keynote for its activities and indicated the direction which the -exploration was to take. I would like to quote from Document 2889-PS, -which I offer as Exhibit Number USA-595. This is an excerpt from the -_Völkischer Beobachter_, 29th of March 1941. This is a statement made by -Rosenberg on the occasion of the opening of the institute. - - “For Germany the Jewish question is only then solved when the - last Jew has left the Greater German space. - - “Since Germany with its blood and its folkdom has now broken for - always this Jewish dictatorship for all Europe and has seen to - it that Europe as a whole will become free from the Jewish - parasitism once more, we may, I believe, also say for all - Europeans: For Europe the Jewish question is only then solved - when the last Jew has left the European continent.” - -It has already been seen that Rosenberg did not overlook any opportunity -to put these anti-Semitic beliefs into practice. Your Honors will recall -that in Document 001-PS, which was introduced as Exhibit Number USA-282 -in connection with the case on persecution of the Jews, Rosenberg -recommended that instead of executing 100 Frenchmen as retaliation for -attempts on lives of members of the Wehrmacht, there be executed 100 -Jewish bankers, lawyers, et cetera. The recommendation was made with the -avowed purpose of awakening the anti-Jewish sentiment. - -Document 752-PS, which was introduced this morning by Sir David -Maxwell-Fyfe as Exhibit GB-159, discloses that Rosenberg had called an -anti-Semitic congress in June 1944, although this congress was cancelled -due to military events. - -In the realm of foreign policy, in addition to demanding Lebensraum, -Rosenberg called for elimination of the Versailles Treaty and cast aside -any thought of revision of that treaty. In his book _The Nature, Basic -Principles, and Aims of the NSDAP_, written by Rosenberg in 1922, he -expressed his opinions regarding the Treaty of Versailles. Excerpts from -this book are translated in Document 2433-PS, and I offer the book as -Exhibit Number USA-596. He stated as follows: - - “The National Socialists reject the popular phrase of the - ‘Revision of the Peace of Versailles’ as such a revision might - perhaps bring a few numerical reductions in the so-called - ‘obligations’; but the entire German people would still be, just - as before, the slave of other nations.” - -Then he goes on to expound the second point of the Party: - - “We demand equality for the German people with other nations, - the cancellation of the peace treaties of Versailles and St. - Germain.” - -Rosenberg conceived of the spread of National Socialism throughout the -world and, as will be subsequently shown, took an active part in -promoting the infection of other nations with his creed. In the _Nature, -Basic Principles, and Aims of the NSDAP_ he states: - - “But National Socialism still believes that its principles and - ideology—though in individual methods of fight according to - various racial conditions—will be directives far beyond the - borders of Germany for the inevitable fights for power in other - countries of Europe and America. There too a clear line of - thought must be drawn, and the racial-nationalistic fight - against the everywhere-similar loan-capitalistic and - Marxist-internationalism must be taken up. National Socialism - believes that once the great world battle is concluded, after - the defeat of the present epoch, there will be a time when the - swastika will be woven into the different banners of the - Germanic peoples as the Aryan symbol of rejuvenation.” - -This statement was made in 1922. It is thus seen that the Defendant -Rosenberg gave authoritative expression to the basic tenets upon which -National Socialism was founded and through the exploitation of which the -conspiracy was crystallized in action. - -Rosenberg’s value to the conspiratorial program found official -recognition with his appointment in 1934 as the Führer’s delegate for -the entire spiritual and philosophical education and supervision of the -NSDAP. His activities in this capacity were vast and varied. - -I now offer in evidence the _National Socialist Year Book_ for the year -1938 as Exhibit Number USA-597. At Page 180 of this book, which is our -Document Number 3531-PS, the functions of Rosenberg’s office as the -Führer’s delegate are described as follows: - - “The sphere of activity of the Führer’s delegate for the entire - spiritual and ideological instruction and education of the - movement, its organizations, including the ‘Strength through - Joy,’ extends to the uniform execution of all the educational - work of the Party and of the affiliated organizations. The - office set up by Reichsleiter Rosenberg has the task of - preparing the ideological education material, of carrying out - the teaching program, and is responsible for the education of - those teachers suited to this educational and instructional - work.” - -As the Führer’s delegate, Rosenberg thus supervised all ideological -education and training within the Party. - -It was Rosenberg’s personal belief that upon the performance of his new -functions as ideological delegate depended the future of National -Socialism. I offer Document 3532-PS as Exhibit Number USA-598. This is -an excerpt from an article by Rosenberg appearing in the March 1934 -issue of _The Educational Letter_. At Page 9 of this publication -Rosenberg states: - - “The focus of all our educational work from now on is the - service for this ideology; and it depends on the result of these - efforts, whether National Socialism will die with our fighting - generation or whether, as we believe, it really represents the - beginning of a new era.” - -In his capacity as the Führer’s delegate for the spiritual and -ideological training, Rosenberg assisted in the preparation of the -curriculum for the Adolf Hitler schools. These schools, it will be -recalled, selected the most suitable candidates from the Hitler Jugend -and trained them for leadership within the Party. They were the elite -schools of National Socialism. The next document, entitled “Documents of -German Politics” is already in evidence as Exhibit Number USA-365. -Translations of excerpts from this document are found in 3529-PS, Page -389, and read as follows: - - “As stated by Dr. Ley, Reich Organization Leader, on 23 November - 1937 at Ordensburg Sonthofen, these Adolf Hitler Schools, as the - first step of the principle of selecting a special elite, form - an important branch in the educational system of the National - Socialist training of future leaders. . . . - - “‘The curriculum has been laid down by Reichsleiter Rosenberg, - together with the Reich Organization Leader and the Reich Youth - Leader.’” - -Rosenberg exercised further influence in the education of Party members -in the establishment of community schools for all organizations of the -Party. Document 3528-PS is a translation of Page 297 of the 1934 edition -of _Das Dritte Reich_, which I offer as Exhibit Number USA-599. It reads -as follows: - - “We support the request of the Führer’s delegate for the - supervision of the entire spiritual and ideological education - and instruction of the NSDAP, Party member Alfred Rosenberg, to - organize community schools of all organizations of the NSDAP - twice a year, in order to show by this common effort the - ideological and political unity of the NSDAP and the - steadfastness of the National Socialist will.” - -This program was endorsed by the Defendant Schirach as well as by -Himmler, Ley, and others. - -THE PRESIDENT: Aren’t you dealing with this rather in a cumulative way? -Isn’t it possible to summarize this evidence against Rosenberg more than -you are doing? - -MR. BRUDNO: I will try to, Your Honor. However, although the Indictment -charges, and there is already substantial proof to show that the -defendant conspirators used ideological training as an implement in -achieving their rise to power and in consolidating their control, there -seems to be little evidence as to Rosenberg’s position; and I am -introducing this evidence in order to show that he played a dominant -role in this connection. However, I will try to summarize these -documents if I can. - -THE PRESIDENT: Well, I’ve taken down about 20 documents that you have -alluded to, all of which deal with Rosenberg’s ideological theories. - -MR. BRUDNO: Yes, Your Honor. I was merely trying to show the scope of -his activities. - -THE PRESIDENT: Yes. - -MR. BRUDNO: Your Honors will recall that it was in his capacity as -Führer’s delegate that Rosenberg established the Institute for the -Exploration of the Jewish Question in Frankfurt. This institute, -commonly known as the “Hohe Schule,” has been referred to in connection -with the exposition of art plunders. Into its library there flowed -books, documents, and manuscripts which were looted from virtually every -country of occupied Europe. Further evidence on this score will be -introduced by the prosecutor of the Republic of France. - -Your Honors will also recall, and the Record shows at Pages 1671 to 1687 -(Volume IV, Pages 81 to 92), that it was as ideological delegate that -Rosenberg conducted the fabulous art looting activities of the -Einsatzstab Rosenberg, activities which extended to virtually every -country occupied by the Germans. I will not attempt to summarize the -extent of the plunder and merely refer the Tribunal to Document -1015(b)-PS, which has already been introduced as Exhibit Number USA-385, -and Document L-188, which has been introduced as Exhibit Number USA-386. -Document 1015(b)-PS details the looting of 21,000 objects of art; -Document L-188, the looting of the contents of over 71,000 Jewish homes -in the West. This subject, too, will be further developed by the French -Prosecutor. - -The importance of Rosenberg’s activities as official ideologist of the -Nazi Party was not overlooked. In Document 3559-PS, which I wish to -introduce as Exhibit Number USA-600—this document, incidentally, is the -Hart biography of Rosenberg, entitled _Alfred Rosenberg, The Man and His -Work_—it is stated that Rosenberg won the German National Prize in -1937. The creation of this prize, Your Honors will recall, was the -Nazis’ petulant reply to the award of the Nobel Prize to Karl von -Ossietzki, an inmate of a German concentration camp. The citation which -accompanied the award to Rosenberg reads as follows: - - “Alfred Rosenberg has helped with his publications to lay the - scientific and intuitive foundation and to strengthen the - ideology of National Socialism in the most excellent way. . . . - The National Socialist movement, and beyond that, the entire - German people will be deeply gratified that the Führer has - distinguished Alfred Rosenberg as one of his oldest and most - faithful fighting comrades by awarding him the German National - Prize.” - -The contribution which Rosenberg’s book, the _Myth of the Twentieth -Century_, the foundation of all his ideological propaganda, made in the -development of National Socialism, was appraised in a publication Bücher -Kunde in 1942. This publication is our Document Number 3554-PS, dated -November 1942. I offer it as Exhibit Number USA-601. The first page sets -forth an appraisal of the _Myth of the Twentieth Century_. - -THE PRESIDENT: Mr. Brudno, you referred us to the _Myth of the Twentieth -Century_ on several occasions. - -MR. BRUDNO: Yes, Your Honor. - -THE PRESIDENT: We really don’t want to hear any more about it. - -MR. BRUDNO: I wish to show that this book is regarded as being one of -the pillars of the movement and I wish to show also, Sir, that it had a -circulation of over a million copies. - -THE PRESIDENT: Well, I think it is absolutely clear from the evidence -which has already been given that Rosenberg was enunciating doctrines of -the ideology of the Nazi Party; and I don’t think that it is necessary -to go any further into details about it. - -MR. BRUDNO: Very well. If the Tribunal is satisfied that Rosenberg’s -ideas formed the foundation for the National Socialist ideological -movement, I will pass on. - -THE PRESIDENT: Well, you have already brought out the fact that he was -appointed the Führer’s deputy for that purpose; wasn’t he? - -MR. BRUDNO: Yes, Your Honor. I shall pass on from that point. I would -merely like to make reference, however, to Document 789-PS, which has -already been introduced as Exhibit Number USA-23. This document records -a meeting between Hitler and his supreme commanders, on which occasion -Hitler said, “The building up of our Armed Forces was possible only in -connection with the ideological education of the German people by the -Party.” - -We submit that the contribution which Rosenberg made through formulation -and dissemination of National Socialist ideology was fundamental to the -conspiracy. As the apostle of neo-paganism, the exponent of the drive -for Lebensraum, and the glorifier of the myth of Nordic superiority and -as one of the oldest and most energetic Nazi proponents of -anti-Semitism, he contributed materially to the unification of the -German people behind the swastika. He provided the impetus and the -inspiration for the National Socialist movement. His doctrines were -responsible for the sublimation of morality and the crystallization of -the Nordic dream in the minds of the German people, thereby making them -useful tools in the hands of the conspirators and willing collaborators -in the prosecution of their criminal plan. - -I now pass to the second phase of Rosenberg’s criminal activities—his -active contribution toward the preparation for aggressive war through -the international activities of the APA, the Foreign Policy Office of -the Party. - -As previously indicated in my quotation from _Das Führer Lexikon_, which -is Exhibit Number USA-593, Rosenberg became a Reichsleiter, the highest -level of rank in the Leadership Corps, and was made chief of the foreign -policy office of the Party in April 1933. The organization manual of the -Party, Document 2319-PS, which I offer as Exhibit Number USA-602, -describes the functions of the APA as including the influencing of -public opinion abroad so as to convince foreign nations that Germany -desired peace. The far-flung activities of the APA are indicated at Page -14 of the translation of this document and are stated as follows: - - “1. The APA is divided into three main offices: - - “A. Office for Foreign Areas with its main sections: a) England - and Far East; b) Near East; c) southeast; d) north; e) old - Orient; f) controls, personnel questions, _et cetera_. - - “B. Office of the German Academic Exchange Service. . . . - - “C. Office of Foreign Commerce. - - “2. Moreover, there is in the APA a main office for the press - service and an educational office.” - -The press activities of the APA were designed to influence world opinion -in such a manner as to conceal the conspirators’ true purposes and thus -facilitate the preparation for waging aggressive war. The activities -were carried on, on an ambitious scale. I offer into evidence Document -003-PS, which is entitled _A Short Report on the Activities of the APA -of the NSDAP_. It is Exhibit Number USA-603. The last paragraph on Page -5 of the translation describes the press activities as follows: - - “The Press Division of the APA is staffed by persons conversant - with all languages to be considered. They examine approximately - 300 newspapers daily and deliver to the Führer, the Führer’s - deputy, and all other interested offices the condensations of - the important trends of the entire world press. . . . The Press - Division furthermore maintains an exact record on the prestige - of the most important papers and journalists of the world. Many - embarrassments during conferences in Germany could have been - avoided had one consulted these archives. . . . Further, the - Press Division was able to arrange a host of interviews with me - as well as conducting a great number of unobjectionable foreign - journalists to the various official representatives of Germany.” - -And then: - - “Hearst then personally asked me to write often about the - position of German foreign policy in his papers. This year five - detailed articles have appeared under my name in Hearst papers - all over the world. Since these articles, as Hearst personally - let me know, presented well-founded arguments, he asked me to - write further articles for his paper.” - -Thus, Rosenberg used his foreign policy office to influence world -opinion on behalf of National Socialism. - -It is interesting to note in passing that Rosenberg states, at Page 4 of -this document, that the Romanian anti-Semitic leader, Cuza, followed his -suggestions as—in Rosenberg’s words—“he had recognized in me an -unyielding anti-Semite.” We will hear more of this affair shortly. - -The nature and extent of the activities of the APA are amply disclosed -in a single document. This is the principal document to which I will -refer in this phase of the case against Rosenberg. This document bears -our Number 007-PS and is entitled, “Report on the Activities of the -Foreign Affairs Bureau of the Party from 1933 to 1943.” It is signed by -Rosenberg. Portions of Annex 1, attached to the report, have already -been read into evidence as Exhibit GB-84. The body of the report and -Annex 2 have not been referred to heretofore. As will be seen the -document contains a recital of widespread activities in foreign -countries. These activities range from the promotion of economic -penetration to fomentation of anti-Semitism; from cultural and political -infiltration to the instigation of treason. Activities were carried on -throughout the world and extended to such widely separated points as the -Middle East and Brazil. - -Many of the APA’s achievements were brought about through the subtle -exploitation of personal relationships. Reading from the middle of the -first paragraph on Page 2 of the translation, which refers to activities -in Hungary, we learn that: - - “The first foreign state visit after the seizure of power took - place through the mediation of the foreign policy office. Julius - Gömbös, who in former years had himself pursued anti-Semitic and - racial tendencies and with whom the office maintained a personal - connection, had reached the Hungarian Premier’s chair. . . .” - -The APA endeavored to strengthen the war economy by shifting the source -of food imports to the Balkans, as stated in Paragraph 3 on Page 2 of -the translation: - - “Motivated by reasons of war economy, the office advocated the - transfer of raw material purchases from overseas to the areas - accessible by overland traffic routes.” - -Then he goes on to point out that they had successfully shifted the -source of food imports, particularly fruit and vegetable imports, to the -Balkans as a result of the activities of the offices. - -Activities in Belgium, Holland, and Luxembourg were confined, according -to the report, to “observation of existing conditions”—a phrase which -may have broad connotations—and “to the establishment of relations, -especially of a commercial nature.” - -In Iran the APA achieved a high degree of economic penetration, in -addition to promoting cultural relations. I quote from the middle of the -third paragraph on Page 3: - - “The office’s initiative in developing, with the help of - commercial circles, entirely new methods for the economic - penetration of Iran found expression, in an extraordinarily - favorable way, in reciprocal trade relations. Naturally, in - Germany, too, this initiative encountered a completely negative - attitude and resistance on the part of the competent State - authorities, an attitude that at first had to be overcome. In - the course of a few years, the volume of trade with Iran was - multiplied five-fold and in 1939 Iran’s trade turnover with - Germany had attained first place.” - -In the last sentence on Page 3. . . - -THE PRESIDENT: Well, now, Mr. Brudno, will you kindly explain to the -Tribunal how the paragraph that you just read bears upon the guilt of -Rosenberg in this Trial? - -MR. BRUDNO: If Your Honor pleases, we submit that the conspirators used, -as one of the tools of conspiracy, the economic penetration of those -countries which they deemed strategically necessary to have within the -Axis orbit. The activities of Rosenberg in the field of foreign trade -contributed materially, we submit, to the advancement of the conspiracy, -as charged in the Indictment. - -THE PRESIDENT: Are you suggesting that it is a crime to try and -stimulate trade in foreign countries? - -MR. BRUDNO: If Your Honor pleases, the expression of ideological -opinions or the advancement of foreign trade do not, in themselves, -constitute a crime, we agree. - -THE PRESIDENT: There is nothing here about ideological considerations. -It is simply a question of trade. - -MR. BRUDNO: Further on, Your Honor, he mentions the cultural activities. - -THE PRESIDENT: I was confining myself, in order to try to get on, to the -particular paragraph that you had just cited. - -MR. BRUDNO: I see, Your Honor; we are merely trying to show, Sir, that -the Germans used the foreign trade weapon as a material part of the -conspiratorial program. - -THE PRESIDENT: As I have said before, it is not possible for me or for -any member of this Tribunal to conduct the case of the Prosecution for -them. We can only tell them when we think they are being irrelevant and -cumulative and ask them to try to cut down their presentation. It is for -you to cut it down. - -MR. BRUDNO: Rosenberg goes on to state, if Your Honor please, at Page 3 -of the translation, that “Afghanistan’s neutral position today is -largely due to the office’s activity.” - -In connection with Arabia, he says: - - “The Arab question, too, became part of the work of the office. - In spite of England’s tutelage of Iraq, the office established a - series of connections to a number of leading personalities of - the Arab world, smoothing the way for strong bonds to Germany. - In this connection, the growing influence of the Reich in Iran - and Afghanistan did not fail to have repercussions in Arabia.” - -Rosenberg concluded his report with the statement that, with the -outbreak of war, he was entitled to consider his task as terminated, and -then he says, “The exploitation of the many personal connections in many -lands can be resumed under a different guise.” - -I now turn to Annex 2 of the report, which is found at Page 9 of the -translation. This annex deals with activities in Romania. Here the APA’s -intrigue was more insidious, its interference in the internal affairs of -a foreign nation more pronounced. After describing the failure of what -Rosenberg terms a “basically sound anti-Semitic tendency,” due to -dynastic squabbles and Party fights, Rosenberg describes the APA’s -influence in the unification of conflicting elements. I quote, beginning -with the ninth line of the translation: - - “What was lacking was the guiding leadership of a political - personality. After manifold groping trials the office believed - such a personality to have been found in the former Minister and - poet, Octavian Goga. It was not difficult to convince this poet, - pervaded by instinctive inspiration, that a greater Romania, - though it had to be created in opposition to Vienna, could be - maintained only together with Berlin. Nor was it difficult to - create in him the desire to link the fate of Romania with the - future of the National Socialist German Reich in good time. By - bringing continuing influence to bear, the office succeeded in - inducing Octavian Goga as well as Professor Cuza to amalgamate - the parties under their leadership on an anti-Semitic basis. - Thus they could carry on with united strength the struggle for - Romania’s renascence internally and her Anschluss with Germany - externally. Through the office’s initiative both parties, which - had heretofore been known by distinct names, were merged as the - National Christian Party, under Goga’s leadership and with Cuza - as Honorary President.” - -Rosenberg’s man, Goga, was supported by two splinter parties, which had -not joined the anti-Semitic trend, and Rosenberg states: “Through -intermediaries, the office maintained constant contact with both -tendencies.” - -Goga, the man supported by Rosenberg, was appointed Prime Minister by -the King in December 1937. The pernicious influence of Rosenberg’s -ideology had achieved a major triumph, for he states: - - “Thus a second government on racial and anti-Semitic foundations - had appeared in Europe, in a country in which such an event had - been considered completely impossible.” - -I will not deal at any length with the details of the political turmoil -that plagued Romania during the ensuing period. - -THE PRESIDENT: Mr. Brudno, I think the Tribunal are satisfied that -Rosenberg—I mean satisfied, subject to what Rosenberg himself or his -counsel may say—that Rosenberg tried to spread his ideology abroad, and -we don’t require any further detailed proof of that, and we are also -satisfied that we have heard enough of the activities of the APA. - -MR. BRUDNO: Certainly, Your Honor. We feel that if the Tribunal is -satisfied, we can pass on. - -THE PRESIDENT: Subject, as I said, to anything that Rosenberg may prove. - -MR. BRUDNO: Surely. I would merely like to conclude with the statement -that the activities of the APA were, as indicated in this Document -007-PS, primarily responsible for Romania’s joining the Axis. It was a -vital link in Germany’s chain of military strategy. - -I would further like to call to Your Honor’s attention the evidence -which has already been submitted on the activities of the APA in Norway, -activities which led to the treason of Quisling and Hagelin, for which -they have been condemned. - -I come now to the final phase of the case against the Defendant -Rosenberg. We have seen how he aided the Nazi rise to power and directed -the psychological preparation of the German people for waging of -aggressive war. I will now offer proof of his responsibility for the -planning and execution of War Crimes and Crimes against Humanity -committed in the vast areas of the occupied East, which he administered -for over 3 years. These areas included the Baltic States, White -Ruthenia, the Ukraine, and the eastern portion of Poland. - -I will not endeavor here to chronicle again the tale of mass murder, -spoliation, and brutality. We feel that that has already been -sufficiently evidenced, and further evidence on this point will be -presented by the Prosecution for the U.S.S.R. and for the Republic of -France. - -We anticipate, however, that Rosenberg will contend that some of these -crimes were committed against his wishes, and, indeed, there is some -evidence that he protested on occasion—not out of humanitarian reasons -but on grounds of political expediency. - -We also anticipate that Rosenberg will attempt to place the blame for -these crimes on other agencies and on other defendants. The evidence -will prove, however, that he himself formulated the harsh policies, in -the execution of which the crimes were committed; that the crimes were -committed for the most part by persons and agencies within his -jurisdiction and control; that any other agencies which participated in -the commission of these crimes were invited by Rosenberg to co-operate -in the administration of the East, although the brutal methods -customarily employed by them were common knowledge; and, finally, his -Ministry lent full co-operation to their activities, despite the -criminal methods that were employed. - -Rosenberg was actively participating in the affairs of the East as early -as 20 April 1941, 2 months prior to the German attack upon the Soviet -Union. On that date he was designated by Hitler as commissioner for the -central control of questions connected with the East European region. - -The Hitler order by virtue of which he received this appointment has -been read into the record in its entirety as Exhibit Number USA-143, our -Document Number 865-PS. - -The initial preparations undertaken by Rosenberg for fulfillment of his -task indicated the extent to which he co-operated in promoting the -military plans for aggression. They also show that he understood his -task at the inception as requiring the assistance of a multitude of -Reich agencies and that he invited their co-operation. - -Shortly after his appointment by Hitler, Rosenberg conducted a series of -conferences with representatives of various Reich agencies, conferences -which are summarized in Document 1039-PS, previously offered as Exhibit -Number USA-146. This document indicated the co-operation of the -following agencies. It indicated that the co-operation of these agencies -was both contemplated and solicited by Rosenberg. The agencies are as -follows: OKW, OKH, OKM, Ministry of Economics, Commissioner for the Four -Year Plan, the Ministry of the Interior, Reich Youth Leadership, the -German Labor Front, Ministry of Labor, the SS, the SA, and several -others. - -These arrangements, it should be noted, were made by Rosenberg in his -capacity as commissioner on Eastern questions, before the attack on the -Soviet Union, before he was appointed as Reich Minister for the occupied -East, in fact, before there was any occupied East for Germany to -administer. - -I would like to refer briefly to some of Rosenberg’s basic attitudes -regarding his new task and the directives which he knew he would be -expected to follow. - -Your Honor will recall that on 29 April 1941, in Document 1024-PS, -previously introduced as Exhibit Number USA-278, Rosenberg stated that: - - “A general treatment is required for the Jewish problem for - which a temporary solution will have to be determined (forced - labor for the Jews, creation of ghettos, _et cetera_).” - -On May 8, 1941 he prepared instructions for all Reich commissioners in -the Occupied Eastern Territories. These instructions are found in -Document 1030-PS, previously introduced as Exhibit Number USA-144. The -last paragraph, which has not been called to Your Honors’ attention, -reads as follows: - - “From the point of view of cultural policy, the German Reich is - in a position to promote and direct national culture and science - in many fields. It will be necessary that in some territories an - uprooting and resettlement of various racial stocks will have to - be effected.” - -In Document 1029-PS, which has been introduced as Exhibit Number -USA-145, Rosenberg directs that the Ostland be transformed into a part -of the Greater German Reich by germanizing racially possible elements, -colonizing Germanic races, and banishing undesirable elements. - -In a speech which Rosenberg made on 20 June 1941, Your Honors will -recall, he stated the job of feeding Germans was the top of Germany’s -claim on the East; that there was no obligation to feed the Russian -peoples; that this was a harsh necessity bare of any feelings; that a -very extensive evacuation will be necessary; and that the future will -hold many hard years in store for the Russians. This speech, Your -Honors, is in the record as Document 1058-PS, Exhibit Number USA-147. - -On July 4, 1941, still prior to Rosenberg’s appointment as Reich -Minister for the occupied East, a representative of Rosenberg’s office -attended a conference on the subject of utilization of labor, and -especially of the labor of Soviet prisoners of war. Document 1199-PS is -a memorandum of this conference, and I offer it into evidence as Exhibit -Number USA-604. It states that the participants were, among others, -representatives of the Commissioner for the Four Year Plan, of the Reich -Labor Ministry, of the Reich Food Ministry, and of the Rosenberg office. -The first sentence states, and I quote: - - “After an introduction by Lieutenant Colonel Dr. Krull, - Lieutenant Colonel Breyer of the PW Department explained that - actually there was a prohibition in effect by the Führer against - bringing Russian PW’s into the Reich for employment, but that - one might count on this prohibition being relaxed a little.” - -The last paragraph records that, and I quote: - - “The chairman summarized the results of the discussion as - indicating that all the bureaus concerned unqualifiedly - advocated and supported the demand for utilization of PW’s - because of manpower needs in the Reich.” - -On 16 July 1941, the day before Rosenberg’s appointment as Minister of -the occupied East, he attended a conference at the Führer’s -headquarters, the minutes of which have been introduced as Document -L-221, Exhibit Number USA-317. At that time Hitler stated, “The Crimea -has to be evacuated by all foreigners and to be settled by Germans -alone.” - -He further stated that Germany’s objectives in the East were three-fold: -first, to dominate it; second, to administer it; third, to exploit it. - -Thus, the character of the administration which was contemplated for the -occupied East was well established before Rosenberg took office as -Minister. He knew of these plans and was in accord with them. -Persecution of the Jews, forced labor of prisoners of war, Germanization -and exploitation, were all basic points of policy which Rosenberg knew -of at the time he assumed office. - -On July 17, 1941, Rosenberg was appointed Reich Minister for the -Occupied Eastern Territories. The decree by which he was appointed is in -evidence as Document 1997-PS, Exhibit Number USA-319. - -I would like now to examine the organizational structure and the chain -of responsibility which existed within the Ministry for the occupied -East. - -The organizational structure of the East was such as we will show that -Rosenberg was not merely a straw man. He was the supreme authority with -full control. - -Document 1056-PS is a mimeographed treatise entitled, “The Organization -of the Administration of the Occupied Eastern Territories.” It is -undated and unsigned, but we can obtain further information regarding it -by reference to EC-347, which is Göring’s Green Folder, already in -evidence as Exhibit Number USA-320. - -It is noted that Part II, Subsection A, of Document EC-347 is entitled, -and I quote: “Excerpts from the Directives of the Reich Minister for the -Occupied Eastern Territories and for the Civil Administration,” and then -in parenthesis, “Brown Folder, Part I, Pages 25 to 30.” - -The two paragraphs which follow are identical to two paragraphs found at -the top of Page 9 of the translation of Document 1056-PS. Thus Document -1056-PS is identified as being a mimeograph of Part I of the Brown -Folder which was mentioned in the Green Folder, and was issued by the -Reich Minister for the Occupied Eastern Territories. - -I now offer Document 1056-PS as Exhibit Number USA-605. I offer this -document for the purpose of proving, from the directives issued by the -Rosenberg Ministry itself, the extent of Rosenberg’s authority; that he -was the supreme civilian authority in the Eastern territories. The -document will show that there was a continuous chain of command from -Rosenberg down to the regional administrative officials, a chain of -command which extended even to the local prison warden. - -The document also will show the relationship which existed between the -Rosenberg Ministry and other German agencies, a relationship which -varied from full control by Rosenberg to full co-operation with them, -made mandatory by his directives and by Hitler’s orders. - -Finally, the document will show that the various subdivisions of the -Ministry were required to submit periodic reports of the situation -within their jurisdiction, so that the numerous reports of unspeakable -brutality which Rosenberg received, and which are already in the record, -were submitted to him pursuant to his orders. - -The first paragraph of this significant document states as follows: - - “The newly occupied Eastern territories are subordinated to the - Reich Minister for the Occupied Eastern Territories. By - direction of the Führer he establishes a civil administration - there, upon withdrawal of the military administration. He heads - and supervises the entire administration of this area and - represents the sovereignty of the Reich in the Occupied Eastern - Territories.” - -At the top of Page 2 of the translation is stated, and I quote: - - “To the Reich Ministry is assigned a deputy of the Reich Leader - SS and Chief of the German Police in the Reich Ministry of the - Interior.” - -Roman numeral III on Page 2 of the translation defines the -responsibility of the Reich commissioners as, and I quote: - - “In the Reich commissariats, Reich commissioners are responsible - for the entire civil administration under the supreme authority - of the Reich Ministry for the Occupied Eastern Territories. - According to the instructions of the Reich Minister for the - Occupied Eastern Territories, the Reich Commissioner, as a - functionary of the Reich, heads and supervises, within his - precincts, the entire civil administration. Within the scope of - these instructions he acts on his own responsibility.” - -And then the chain of command is outlined: Subordinate offices, general -commissariats, main commissariats, district commissariats, _et cetera_. - -In the second last paragraph on Page 3 of the translation it is stated -again: - - “The Higher SS and Police Leader is directly subordinated to the - Reich Commissioner. However, the Chief of Staff has the general - right to secure information from him also. . . . - - “Great stress is to be placed on close co-operation between him, - the Chief of Staff, and the other main department heads of the - office of the Reich Commissioner, particularly with the one for - policies.” - -To digress from this document a moment, I ask that the Court take -judicial notice of the decree signed by Rosenberg, dated July 17, 1941, -and found in the _Verordnungsblatt_ of the Reich Minister for the -occupied East, 1942, Number 2, Pages 7 and 8. - -This decree provides for the creation of summary courts for decisions on -crimes committed by non-Germans in the East. The courts are to be -presided over by a police officer or an SS leader, who have authority to -order the death sentence or confiscation of property, and those -decisions are not subject to appeal. The general commissar is given the -right to reject a decision. Thus, the determination of the SS, of these -summary courts, is made subordinate to the authority of a representative -of the Rosenberg Ministry. - -At Page 4 of the translation of Document 1056-PS, the position of the -Commissioner General is defined. It is stated here that: “The -Commissioner General forms the administrative office of intermediate -appeal.” - -Three paragraphs down it is stated, and I quote: - - “The SS and Police Leader assigned to the Commissioner General - is directly subordinated to him. However, the Chief of Staff has - the general right of requiring information from him.” - -The document goes on to describe the function of the various -subdivisions of the Ministry, concluding with regional commissioners who -preside over the local administrative districts. They, too, have police -units assigned to them and directly subordinated to them. - -THE PRESIDENT: Well, Mr. Brudno, surely that could have been stated in a -sentence without referring us to all these passages in this document. I -mean, Rosenberg was the Minister for the Eastern Territories. He had -under him Reich commissioners and SS units, who had the full -administration—civil administration—of the Eastern Territories. If you -had stated that, surely that would have been sufficient. - -MR. BRUDNO: Very well, Your Honor. - -I will proceed from that point, then, merely to point out that the -economic exploitation of the territory was undertaken in the fullest -co-operation with the Commissioner of the Four Year Plan, as shown by -Paragraph 2 of Page 7 of the translation. It is stated there that the -economic inspectorates of the Commissioner of the Four Year Plan will be -substantially absorbed in the agencies of the civil administration after -the establishment of the civil administration. - -I also wish to call Your Honors’ attention to the first paragraph on -Page 6, which reads as follows: - - The various commissioners, it says, “are, aside from the - military agencies, the only Reich authorities in the Occupied - Eastern Territories. Other Reich authorities may not be - established alongside them. They handle all questions of - administration of the area which is subordinate to their - sovereignty and all affairs which concern the organization and - activity of the administration, including those of the police, - in the supervision of the autonomous agencies and organizations - and of the population.” - -I now turn briefly to the second section of the document which is -entitled, “Working Directives for the Civil Administration.” The first -two paragraphs on Page 9 have been read into the record as part of -Document EC-347, Exhibit Number USA-320. I call particular attention to -the statement that the “Hague Rules of Land Warfare, which deal with the -administration of a country occupied by a foreign armed power, are not -valid.” - -I continue quoting at the last paragraph on Page 9: - - “The handling of cases of sabotage is a concern of the Higher SS - and Police Leader, of the SS and Police Leader, or of the Police - leaders of the lower echelon. Insofar as collective measures - against the population appear appropriate, the decision about - them rests with the competent commissar. - - “To inflict penalties in cash or kind, as well as to order the - seizure of hostages and the shooting of inhabitants of the - territory in which the acts of sabotage have taken place, rests - only with the Commissioner General, unless the Reich - Commissioner himself intervenes.” - -I conclude with this document by quoting the first sentence at the top -of Page 13: - - “The district commissioners are responsible for the supervision - of all prisons, unless the Reich commissioners intervene.” - -I will not take the time of the Tribunal, nor burden the Record, with a -detailed account of the manner in which Rosenberg’s plenary authority -and power were wielded. There is evidence in the Record, and there will -be additional evidence presented by the Soviet prosecutor, as to the -magnitude of the War Crimes and the Crimes against Humanity perpetrated -against the peoples of the occupied East. - -However, merely to illustrate the manner in which Rosenberg participated -in the criminal activities conducted within his jurisdiction, I would -like to refer briefly to a few examples. - -I call your attention to the document numbered R-135, which was -previously introduced as Exhibit Number USA-289. In this document the -prison warden of Minsk reports that 516 German and Russian Jews had been -killed, and called attention to the fact that valuable gold had been -lost due to the failure to knock out the fillings of the victims’ teeth -before they were done away with. - -These activities took place in the prison at Minsk, a prison which, Your -Honors will recall from Document 1056-PS, was directly under the -supervision of the Ministry for the occupied East. - -For my next illustration I wish to offer Document 018-PS. This document -has already been introduced as Exhibit Number USA-186. I would like to -read to the Tribunal the first paragraph of Document 018-PS, which has -not yet been read into the Record. The document reveals that Rosenberg -wrote Sauckel on 21 November 1942, in the following terms: - - “I thank you very much for your report on the execution of the - great task given to you; and I am glad to hear that in carrying - out your mission you have always found the necessary support, - even on the part of the civilian authorities in the Occupied - Eastern Territories. For myself and the officials under my - command, this collaboration was and is self-evident, especially - since both you and I have, with regard to the solution of the - labor problem in the East, represented the same points of view - from the beginning.” - -As late as 11 July 1944 the Rosenberg Ministry was actively concerned -with the continuation of the forced labor program, in spite of the -retreat from the East. - -THE TRIBUNAL (Mr. Biddle): After making this generality, Rosenberg goes -on to object, at the last here, to the methods used. You haven’t -mentioned that. - -MR. BRUDNO: Quite right, Your Honor. Those objections are already in the -record, Sir, and I was merely referring to this document to show that -Rosenberg favored recruitment from the East, that his civilian -administrators co-operated with the recruitment in spite of the methods -used, the methods which were known to Rosenberg as he reports in the -letter himself. - -DR. ALFRED THOMA (Counsel for Defendant Rosenberg): High Tribunal, in -this connection I must protest that the Prosecutor did not finish -reading this Paragraph 1 he has just quoted. For then comes the sentence -in which he states that an agreement existed between Sauckel and -Rosenberg regarding. . . - -THE PRESIDENT: I don’t think you can have heard that the United States -Member of the Tribunal has just made this very point, which you are now -making to Counsel for the United States, and has pointed out to him that -he ought to have read there, or drawn attention at any rate, to the -other paragraphs in this document which showed that Rosenberg was -objecting to the methods used. - -DR. THOMA: High Tribunal, I would like to point out that the prosecutor -quoted just the first two sentences of a specific paragraph. The same -paragraph ends, however, where it is stated that “there was an agreement -between Sauckel and me according to which workers were to be treated -well in Germany, and for this purpose welfare organizations were to be -created”. The presentation of the prosecutor creates the impression that -the Defendants Sauckel and Rosenberg had agreed only on the use of -forced labor without restraint and on the deportation of the workers -from the East. - -THE PRESIDENT: As Counsel for the United States pointed out, the other -passages in the document have already been read. And, naturally, the -whole document will be treated as being in evidence. - -The Tribunal fully realizes the point you are making, that it is not -fair to read one passage of a document when there are other passages in -the document which show that the passage read is not a full or proper -statement of the document. - -MR. BRUDNO: If Your Honor pleases, I was not attempting to delude the -Tribunal; it was merely in the interest of time that I did not read the -balance. The rest is in the Record. - -THE PRESIDENT: I realize that. - -We will adjourn now. - - [_The Tribunal adjourned until 10 January 1946 at 1000 hours._] - - - - - THIRTY-FIRST DAY - Thursday, 10 January 1946 - - - _Morning Session_ - -MR. BRUDNO: May it please the Tribunal, when the Tribunal rose yesterday -I had finished the submission of proof as to Rosenberg’s responsibility -and authority in the Occupied Eastern Territories and was about to -conclude my presentation with four brief examples as to the manner in -which his authority was exercised. I was in the middle of the third -example, which, Your Honors will recall, dealt with Rosenberg’s -participation in the forced labor program. I wish to conclude that -illustration with reference to Document 199-PS, which we offer as -Exhibit Number USA-606. This document is a letter from Alfred Meyer, -Rosenberg’s deputy, and is addressed to Sauckel, dated July 11, 1944. -This time, Your Honors will note, it is Rosenberg’s Ministry that is -urging action. I wish to quote Item Number 1 of this letter, which reads -as follows: - - “The War Effort Task Force Command formerly stationed in Minsk - must continue, under all circumstances, the calling up of young - White Ruthenian and Russian men for military employment in the - Reich. In addition the Command has the mission of bringing young - boys of 10-14 years of age into the Reich.” - -My third illustration deals with Rosenberg’s exercise of his legislative -powers, and I ask the Court to take judicial notice of the decree signed -by Lohse, who was Reich Commissar for Ostland. This decree is published -in the _Verordnungsblatt_ of the Reich Commissar for Ostland, 1942, -Number 38, Pages 158 and 159. It provides for the seizure of the entire -property of the Jewish population in the Ostland, including the claims -of Jews against third parties. The seizure is made retroactive to the -day of occupation of the territory by German troops. This sweeping -decree was issued and published by Rosenberg’s immediate subordinate, -and it must be assumed that Rosenberg knew of it and acquiesced in it. - -I now come to my final illustration. This illustration is derived from -Document 327-PS, which is already in evidence as Exhibit Number USA-338. - -It is a copy of a secret letter from Rosenberg to Bormann dated 17 -October 1944. It furnishes a graphic account of Rosenberg’s activities -in the economic exploitation of the occupied East. I wish to quote from -the first paragraph on Page 1, which has not been read into the Record. -I quote: - - “In order not to delay the liquidation of companies under my - supervision, I beg to point out that the companies concerned are - not private firms but business enterprises of the Reich, so that - directives with regard to them, just as with regard to - Government offices, are reserved to the highest authorities of - the Reich. I supervise the following companies. . . .” - -There follows a list of nine companies: A trading company, an -agricultural development company, a supply company, a pharmaceutical -company, and five banking concerns. On Page 3 of the translation at Item -1 (a) the mission of the trading company is stated to be, and I quote: - - “Seizure of all agricultural products as well as commercial - marketing and transportation thereof. (Delivery to Armed Forces - and the Reich).” - -I now call your attention to Item 5 of the same page. It describes the -activities of the companies as follows: - - “During this period, the Z.O.”—that is, the Central Trading - Corporation East—“together with its subsidiaries has seized: - - “Grain 9,200,000 tons, meat and meat products 622,000 tons, - linseed 950,000 tons, butter 208,000 tons, sugar 400,000 tons, - fodder 2,500,000 tons, potatoes 3,200,000 tons, seeds 141,000 - tons, other agricultural products 1,200,000 tons, and - 1,075,000,000 eggs. - - “The following was required for transportation: 1,418,000 - freight cars and 472,000 tons shipping space.” - -In conclusion we submit that the evidence has shown that the Defendant -Rosenberg played a leading role in the Nazi Party’s rise to power by -moulding German thought so as to promote the conspirators’ ambitions; -that he played a leading role in spreading propaganda and intrigue, and -in instigating treason in foreign countries, so as to pave the way for -the waging of wars of aggression; and that he bears full responsibility -for the War Crimes and Crimes against Humanity which were perpetrated in -the Occupied Eastern Territories and which will be further developed by -the prosecutor for the U.S.S.R. - -This completes the presentation of the case against the Defendant -Rosenberg. The next presentation will be that of the case against the -Defendant Frank, which will be presented by Lieutenant Colonel Baldwin. - -LIEUTENANT COLONEL WILLIAM H. BALDWIN (Assistant Trial Counsel for the -United States): May it please the Tribunal, we wish now to deal with the -individual responsibility of the Defendant Frank. In accordance with the -expressed desire of the Tribunal, this presentation has been strictly -limited; and, of course, I should welcome any direction from the -Tribunal as to length or method as I proceed. - -First, I must acknowledge my indebtedness to Miss Harriet Zetterberg, of -our legal staff, and to Dr. Pietrowski, of the Polish Delegation, for -their invaluable work—Dr. Pietrowski and the Polish Delegation, -naturally, having a special interest in the Defendant Frank. - -Aspects of the criminal complicity of the Defendant Hans Frank under -Count One of the Indictment have been placed before this Tribunal on -several occasions. There remain, however, certain matters for -discussion—either novel in presentation or in development—concerning -this defendant as an individual, before the United States’ portion of -the Prosecution’s case against him is completed. Our Soviet colleagues -will carry further the heavy complaint against the Defendant Frank in -their treatment of War Crimes and Crimes against Humanity in the East. -We wish here merely to touch upon that evidence which, we believe, -irrefutably discloses Frank to have been a tremendously important cog in -the machine which conceived, promoted, and executed the Nazi Common Plan -or Conspiracy. Documents relating to this point have been assembled in a -document book bearing the letters “FF.” I am informed that these books, -as well as explanatory briefs, have been distributed for the use of the -members of the Tribunal. - -Reference will be made in the course of this argument to the so-called -Frank diary, portions of which have already been brought to the -attention of the Tribunal. It seems appropriate that brief mention -should here be made of the content and source of this diary. It is a set -of some 38 volumes, most of which are on the table at the front of the -courtroom, detailing the activities of the Defendant Frank from 1939 to -the end of the war in his capacity as Governor General of Occupied -Poland. It is a record, in short, of each day’s business, hour by hour, -appointment by appointment, conference by conference, speech by speech, -and—in truth we believe—crime by crime. Each volume, excepting the -last few, is now handsomely bound; and in those volumes, which deal with -the conferences of Frank and his underlings in the Government General, -the name of each person attending the meeting is inscribed in his own -handwriting on a page preceding the minutes of the conference itself. It -is incredibly shocking to the normal conscience that such a neat history -of murder, starvation, and extermination should have been maintained by -the individual responsible for such deeds, but by now the Tribunal is -well aware that the Nazi leaders were sentimentally fond of elaborately -documenting their exploits, as witness the Rosenberg volumes displaying -the looted art treasures and the album reporting on the extermination of -Jews in the Warsaw ghetto. The complete set of the Frank diary was found -in Bavaria, at Neuhaus, near Schliersee, on 18 May 1945, by the 7th -American Army. It was taken to the 7th Army document center at -Heidelberg and on or about 20 September 1945 the collection was sent to -the Office of U.S. Chief of Counsel here at Nuremberg. It is here in -court in its entirety; and now its tones, we submit, are those of -accusation rather than boastful narration. - -That the Defendant Frank held a position of leadership in the Nazi Party -and in the German Government is undeniable. Even, presumably, it would -be unfair to the Defendant Frank to underestimate his importance in the -Nazi hierarchy and the Third Reich. Like the other defendants in this -case, he was a man of far-reaching influence and position; and his -office-holding record is already before this Court. It is an affidavit -signed by the Defendant Frank and identified as Exhibit Number USA-7. -This document contains a listing of 11 important positions held by Frank -in the Party and in the Government and supports the assertion of -influence and position which I have just made, especially since this -Tribunal has been fully apprised of the criminal activities of the Nazi -organizations and formations. - -The machinations of Frank divide themselves logically into two periods. -In the one, from 1920 to 1939, he was by his own admission the leading -Nazi jurist, although parenthetically the word “jurist” loses its -reputable content when modified by the word “Nazi”. In the other period, -extending from 10 October 1939 until the end of the war, he was Governor -General of occupied Poland. While he is most notorious for his -persecutions and carrying out of the conspiracy in the latter capacity, -it is the opinion of the United States Prosecution that the Defendant -Frank’s contributions to the Nazi rise to power as the leading Nazi -jurist should not pass without mention. It is with this aspect that I -shall first deal—the Defendant Frank’s furtherance of the realization -of the conspirators’ program in the field of law, his knowledge of the -criminal purpose of the program, and his active participation therein. - -The Defendant Frank, himself, described his role in the Nazi struggle -for power in the following words, which were remarks he ordered his -secretary to place in the Frank diary on 28 August 1942. The remarks -appear in the diary and are translated in our Document 2233(x)-PS, -which, if the Court please, is at Page 54 in the document book before -it. - -The numbers of the pages of the document book will be found in the upper -right-hand corner in colored pencil, either red or blue. The original of -this document I now offer in evidence as Exhibit Number USA-607. In the -German text these extracts appear in Part 3 of the 1942 diary volume on -Pages 968, 969, and 983. Frank says: - - “I have since 1920 continually dedicated my work to the NSDAP. - As a National Socialist I was a participant in the events of - November 1923, for which I received the Order of the Blood. - After the resurrection of the movement in the year 1925, my - really greater activity in the movement began, which made me, - first gradually, later almost exclusively, the legal adviser of - the Führer and of the Reich Party Directorate of the NSDAP. I - was thus the representative of the legal interests of the - growing Third Reich in a legal-ideological as well as in a - practical way.” - -He goes on to say: - - “The culmination of this work I see in the Leipzig army trial, - in which I succeeded in having the Führer admitted to the famous - oath of legality, a circumstance which gave the Movement legal - grounds to expand on a large scale. The Führer, indeed, - recognized this achievement and in 1926 made me leader of the - National Socialist Lawyers’ League; in 1929, Reichsleiter of the - Reich Legal Office of the NSDAP; in March 1933, Bavarian - Minister of Justice; in the same year, Reich Commissioner for - Justice; in 1934, President of the Academy of German Law, - founded by me; and in December 1934, Reich Minister without - Portfolio. And in 1939, I was finally appointed Governor General - for the occupied Polish territories. - - “So I was, am, and will remain the representative jurist of the - struggle period of National Socialism. . . . - - “I profess myself now and always, as a National Socialist and a - faithful follower of the Führer, Adolf Hitler, whom I have now - served since 1919. . . .” - -It is indeed significant and worth mentioning to the Court. . . - -THE PRESIDENT: Is this an extract from his diary? - -LT. COL. BALDWIN: Yes, Sir; it is. - -THE PRESIDENT: And are the words “Present: Dr. Hans Frank and others” -written by him in his diary? - -LT. COL. BALDWIN: Yes, Sir; they are. Before each of these excerpts, if -Your Honor pleases, if it was in conference it was indicated which -members of the Government General were present or who made the address. - -THE PRESIDENT: Yes. - -LT. COL. BALDWIN: It is indeed significant and worth mentioning to the -Court that the Defendant Frank assumes responsibility for the so-called -oath of legality at the Leipzig army trial. At that trial, in 1930, -three army officers were accused of—curiously enough—conspiracy to -high treason. The charge was that the defendants in that trial, in their -capacity as members of the German Army, tried to form National Socialist -cells in the German Army and to influence the German Army to such an -extent that, in the case of a Putsch by the National Socialists, the -army would not fire at the National Socialists, but would stand at ease -instead. All three of the officers were found guilty and sentenced to 18 -months’ confinement. At that trial, however, Hitler was a witness; and -during the course of the trial, testified under oath that the term -“revolution,” used by him, meant only spiritual revolution in Germany -and that the expression “heads would roll in the sand” meant only that -they would do so as a result of legal procedure through state tribunals, -if the National Socialists came to power. This, if the Court please, was -the so-called oath of legality, the lie that the Defendant Frank -provided his Führer as a facade for the conspiracy and which he, at -least in 1942, considered the culmination of his efforts. - -As the “representative jurist of the struggle period of National -Socialism” and in various juridical capacities listed in his affidavit -of positions held, Defendant Frank was, between 1933 and 1939, the most -prominent policy-maker in the field of German legal theory. For example, -Defendant Frank founded the Academy of German Law in 1934 and he was -president of this once potent body until 1942. The statute defining the -functions of this Academy conferred upon it wide power to initiate and -co-ordinate juridical policies. - -This statute appears in the translation at Page 5 in the document book -as our Document 1391-PS and appears in the 1934 _Reichsgesetzblatt_ at -Page 605. We ask the Court to take judicial notice of it. I now quote -briefly from the decree: - - “It is the task of the Academy for German Law to further the - reorganization of legal procedure in Germany. Closely connected - with the agencies competent for legislation, it shall further - the realization of the National Socialist program in the realm - of the law. This task shall be carried out by approved - scientific methods. - - “The Academy’s task shall cover primarily: - - “1. The formulation, initiation, judging, and preparing of - drafts of law; 2. collaboration in rejuvenating and unifying the - training in jurisprudence and political science; 3. the editing - and supporting of scientific publications; 4. financial - assistance for work and research in specific fields of law and - political economy.” - -THE TRIBUNAL (Mr. Biddle): Do you have to read all this? We will take -judicial notice of it. - -LT. COL. BALDWIN: Among the early tasks which Defendant Frank set for -himself, as policy-maker in the field of law, were the unification of -the German State, the promotion of racial legislation, and the -elimination of political organizations other than the Nazi Party. In a -radio address given on 20 March 1934 he announced success in these -matters. Our partial English translation of this speech appears as -Document 2536-PS, at Page 64 in the document book. The official text of -this speech appears in _Dokumente der Deutschen Politik_, Volume II -(first edition), Pages 294-298. In the German text the extracts which I -shall quote appear at Pages 296 and 298, and I will ask the Court to -take judicial notice of these passages: - - “The first task was that of uniting all Germans into one State. - It was an outstanding historical and legislative accomplishment - on the part of our Führer that by boldly grasping historical - development he eliminated the sovereignty of the various German - states. At last we have now, after 1,000 years, again a unified - German State in every respect. It is no longer possible for the - world, based on the spirit of resistance inherent in small - states, which are set up on an egoistical scale and solely with - a view to their individual interest, to make calculations to the - detriment of the German people. That is a thing of the past for - all times to come.” - -I pass on now to the second excerpt: - - “The second fundamental law of the Hitler Reich is racial - legislation. The National Socialists were the first in the - entire history of human law to elevate the concept of race to - the status of a legal term. The German Nation, unified racially - and nationally, will in the future be legally protected against - any further disintegration of the German race stock.” - -I pass now to the mention of the sixth law: - - “The sixth fundamental law was the legal elimination of those - political organizations which within the State, during the - period of the regeneration of the people and the reconstruction - of the Reich, were once able to place their selfish aims ahead - of the common good of the nation. This elimination has taken - place entirely legally. It is not the coming to the fore of - despotic tendencies, but it was the necessary legal consequence - of a clear political result of the 14 years’ struggle of the - NSDAP. - - “In accordance with these unified legal aims”—Frank - continues—“in all spheres, particular efforts have for months - now been made regarding the work of the great reform of the - entire field of German law. - - “As the leader of the German jurists, I am convinced that, - together with all strata of the German people, we shall be able - to construct the legal state of Adolf Hitler in every respect - and to such an extent that no one in the world will at any time - be able to dare to attack this constitutional state as regards - its laws.” - -In his speech on the occasion of the day of the Reich University -Professors of the National Socialist Lawyers’ League on 3 October 1936, -the Defendant Frank explained to the gathering of professors the -elimination of Jews from the legal field, in accordance with the Nazi -plan. Our partial translation of this speech appears as Document -2536-PS, at Page 62 of the document book. The official text appears -likewise in _Dokumente der Deutschen Politik_, in Volume IV, Pages 225 -to 230. I ask the Tribunal to take judicial notice of this. It deals, to -summarize. . . - -THE PRESIDENT: I do not think you need it because we have already had -documents of the same sort. - -LT. COL. BALDWIN: As the leading Nazi jurist, the Defendant Frank -accepted, condoned, and promoted the system of concentration camps and -of arrest without warrant. He apparently had no hesitancy in subverting -his professional ethics, if any he had, while subverting the legal -framework of the German State to Nazi ends. He explains the outrageous -departure from civilization that were concentration camps in an article -on “Legislation and Judiciary in the Third Reich,” published in 1936 in -the official journal of the Academy of German Law, of which, of course, -he was the editor. The partial translation of this article appears as -our Document 2533-PS, at Page 61 of the document book. The official -German text of the extract appears in _Zeitschrift der Akademie für -Deutsches Recht_, 1936, at Page 141, and I will ask the Tribunal to take -judicial notice of this. Since the extract is short, I will ask -permission to read it. Frank says: - - “Before the world we are blamed again and again because of the - concentration camps. We are asked: Why do you arrest without a - warrant of arrest? I say: Put yourselves into the position of - our nation. Don’t forget that the very great and still untouched - world of Bolshevism cannot forget that here on our German soil - we have made final victory for them impossible in Europe.” - -It can be seen, therefore, that just as other defendants mobilized the -military, economic, and diplomatic resources for aggressive war, the -Defendant Frank, in the field of legal policy, geared the German -juridical machine for a war of aggression, which war of aggression, as -he explained in 1942 to the NSDAP political leaders of Galicia at a mass -meeting in Lvov—and I now quote from the Frank diary, our Document -2233(s)-PS, at Page 50 in the document book, the original of which I -offer in evidence as Exhibit Number USA-607—had for its purpose, and I -quote: “. . . to expand the living space for our people in a natural -manner.” - -The distortions and warpings of German law, which Defendant Frank -engineered for the Party, gave him, if not the world, vast satisfaction. -He reported this to the powerful Academy for German Law in November -1939, 1 month after becoming Governor General of occupied Poland. This -speech is partially translated in our Document 3445-PS, at Page 73 in -the document book. The official text of the speech appears in _Deutsches -Recht_, 1939, Volume 2, the week of 23-30 December 1939, beginning at -Page 2121; and we ask the Court to take judicial notice of this, but -would ask permission to read the excerpt, as it is very short. Frank -stated: - - “Today we are proud of having formulated our legal principles - from the very beginning in such a way that they need not be - changed in the case of war. For the maxim—that which serves the - Nation is right, and that which harms it is wrong, which stood - at the beginning of our legal work and which established this - idea of the community of the people as the only standard of the - law—this maxim shines out also in the social order of these - times.” - -If this sentiment has a familiar ring to it, it is because it is a -restatement of a Party commandment tailored and furnished by the Party -lawyer to fit the Party’s concept of law. I allude, of course, to the -Party commandment, commented upon at Page 1608 (Volume IV, Page 38) of -the official English transcript of these proceedings in the treatment of -the Leadership Corps, which commandment stated and I quote, “Right is -that which serves the Movement and thus Germany.” - -It follows, I think, that the Prosecution conceives the Defendant Frank -to be jointly responsible for all those cruel and discriminatory -enabling acts and decrees through which the Nazis crushed minorities in -Germany and consolidated their control over the German State and -prepared it for its early entry upon aggression. It matters not, in our -view, that the signature of this lawyer does not appear at the foot of -every decree. Enough has been shown, in our submission, to indicate -culpability in this regard. There is sufficient, we believe, now in this -Record—and I refer to decrees cited by Major Walsh in his treatment of -the persecution of the Jews and by Colonel Storey in his treatment of -the Reich Cabinet—to demonstrate that type of enactment and the -consequences thereof, for which we hold the Defendant Frank liable. In -following this theory, may it please the Tribunal, we are only arriving -at conclusions already arrived at for us by the Defendant Frank himself. - -I now pass to that second and well-known phase of the Defendant Frank’s -official life, wherein he for 5 years, as chief Party and Government -agent, was bent upon the elimination of a whole people. He was appointed -Governor General of the occupied Polish territory by a decree signed by -his then Führer on 12 October 1939. The decree defined the scope of -Frank’s executive power and is contained in our Document 2537-PS, at -Page 66 in the document book. I shall ask the Tribunal to take judicial -notice of this, since it appears in _Reichsgesetzblatt_, 1939, Part I, -Page 2077. - -It merely states that Dr. Frank is appointed as Governor General of the -occupied Polish territory; that Dr. Seyss-Inquart is appointed as Deputy -Governor General, and that “the Governor General shall be directly -responsible to me”—meaning Hitler, he having signed the decree. - -While some of the outside world was prone in earlier days to wonder at -the apparent efficiency of Nazi administration, we now know that it was -often riddled with the petty jealousies of small men in positions of -some authority and with jurisdictional fractiousness. No such difficulty -existed with the Defendant Frank, however, for though he was not without -the threat of divided authority, he insisted upon, and was granted, the -favor of supreme command within the territorial confines of the -Government General. Only two references from his diary, one in 1940 and -one in 1942, are necessary to show the all-inclusiveness of his -direction and authority. - -At a meeting of department heads of the Government General on 8 March -1940 in the Bergakademie, the Defendant Frank clarified his status as -Governor General; and these remarks appear in the diary and in our -Document 2233(m)-PS, at Page 42 in the document book, the original of -which I offer into evidence as Exhibit Number USA-173. - -In the German text, the extracts appear in the meetings of department -heads, Volume 2 for 1939-1940, at Pages 5, 6, 7, and 8. Frank says: - - “One thing is certain. The authority of the Governor General as - the representative of the will of the Führer and the will of the - Reich in this territory is certainly strong, and I have always - emphasized that I would not tolerate misuse of this authority. I - have made this known anew at every office in Berlin, especially - after Herr Field Marshal Göring on 12. 2. 1940, from Karin Hall, - had forbidden all administrative offices of the Reich, including - the Police and even the Wehrmacht, to interfere in - administrative matters of the Government General. . . .” - -He goes on to say: - - “There is no authority here in the Government General which is - higher as to rank, stronger in influence, and of greater - authority than that of the Governor General. Even the Wehrmacht - has no governmental or official functions here of any kind; it - has only security functions and general military duties—it has - no political power whatsoever. The same applies to the Police - and the SS. There is here no state within a state, but we are - representatives of the Führer and of the Reich.” - -Later, in 1942, at a conference of the district political leaders of the -NSDAP in Kraków on 18 March, Defendant Frank further explained the -relationship between the administration and the Reichsführer SS Himmler. -These remarks appear in the diary and in our Document 2233(r)-PS and at -Page 48 of the document book, the original of which I offer into -evidence as Exhibit Number USA-608. In the German text, the extract to -be quoted appears at Pages 185 and 186 of diary Volume 18, 1942, Part I. -I quote: - - “As you know”—says Frank—“I am a fanatic as to unity in - administration. . . . It is therefore clear that the Higher SS - and Police Leader is subordinated to me, that the Police is a - component of the Government, that the SS and Police Leader in - the district is subordinated to the Governor, and that the - district chief has the authority of command over the gendarmerie - in his district. This the Reichsführer SS has recognized; in the - written agreement all these points are mentioned word for word - and signed. It is also self-evident that we cannot establish a - closed shop here which can be treated in the traditional manner - of small states.” - -THE TRIBUNAL (Mr. Biddle): Do you think all this has to be read? - -LT. COL. BALDWIN: It is considered important, Sir, by the United States -Prosecution, in view of the fact that this is the later extract from the -diary and indicates that 2 years later even Frank considered himself to -be the supreme authority in the Government General. This is a point -which we conceive to be of importance, Sir. May I proceed? - -THE PRESIDENT: Yes. - - LT. COL. BALDWIN: “It would, for instance, be ridiculous if we - would build up here a security policy of our own against our - Poles in the country, while knowing that the Poles in West - Prussia, in Posen, in Warthegau, and in Silesia have one and the - same movement of resistance. So the Reichsführer SS and Chief of - the German Police must be able to carry out, with his agencies, - his police measures concerning the interests of the Reich as a - whole. This, however, will be done in such a way that the - measures to be adopted will first be submitted to me and carried - out only when I give my consent. In the Government General the - Police are the armed forces. Consequently the leader of the - Police will be called by me into the Government of the - Government General; he is subordinate to me, or to my deputy, as - a state secretary for security.” - -At this juncture, it is appropriate to mention that the man who filled -the position of State Secretary for Security in the Government General -was Frank’s Higher SS and Police Leader, Krüger. - -THE PRESIDENT: Will you read the next page? - -LT. COL. BALDWIN: May it please the Tribunal; I shall come to that -excerpt later. - -THE PRESIDENT: In the same document? - -LT. COL. BALDWIN: Yes, Sir. It seems more appropriate at another point. - -The Tribunal may recall that the reports of the extermination of Jews in -the Warsaw ghetto were made in the spring of 1943 by SS Leader Stroop, -who immediately supervised the operation, to this same Krüger, who was -still at that time one of the two most influential members of Frank’s -Cabinet, as State Secretary for Security. - -It was inevitable that the grand conspiracy or common plan should have -as its component parts a host of small plans each dealing with a -particular sphere of activity. These plans, differing from the master -plan only in size, are the blueprints for a specific action drawn from -the broad policies. Occupied Poland was no exception to this rule. The -plan for the administration of Poland was contained in a top secret -memorandum of a conference between Hitler and the Chief of the OKW, -Defendant Keitel, entitled “Regarding Future Relations of Poland to -Germany” and dated 20 October 1939. This report was initialed by General -Warlimont. It is our Document 864-PS and may be found at Page 3 of the -document book, and I shall offer it into evidence as Exhibit Number -USA-609. - -I shall quote, if the Court please, only from Paragraphs 1, 3, 4, and 6: - - “1) The Armed Forces will welcome it if they can dispose of - administrative questions in Poland. On principle, there cannot - be two administrations. . . . - - “3) It is not the task of the administration to make Poland into - a model province or a model state of the German order or to put - her economically or financially on a sound basis. - - “The Polish intelligentsia must be prevented from forming a - ruling class. The standard of living in the country is to remain - low; we want only to draw labor forces from there. Poles are - also to be used for the administration of the country. However, - the forming of national political groups may not be allowed. - - “4) The administration has to work on its own responsibility and - must not be dependent on Berlin. We do not want to do there what - we do in the Reich. The responsibility does not rest with the - Berlin Ministries since there is no German administration unit - concerned. - - “The accomplishment of this task will involve a hard racial - struggle which will not allow any legal restrictions. The - methods will be incompatible with the principles otherwise - adhered to by us. - - “The Governor General is to give the Polish nation only bare - living conditions and is to maintain the basis for military - security. . . . - - “6). . . . Any tendencies towards the consolidation of - conditions in Poland are to be suppressed. The ‘Polish muddle’ - must be allowed to develop. The Government of the territory must - make it possible for us to purify the Reich territory from Jews - and Poles too. Collaboration with new Reich provinces (Posen and - West Prussia) only for resettlements (compare Himmler mission). - - “Purpose: Shrewdness and severity must be the maxims in this - racial struggle in order to spare us from going to battle on - account of this country again.” - -The Defendant Frank was the chosen executor of this program. He knew its -aims, approved of them, and actively carried out the scheme. The -Tribunal’s attention has already been invited to Exhibit Number USA-297 -wherein—this may be found at Page 1512 of the English text of the -official transcript—(Volume III, Pages 576, 577) the Defendant Frank -expounded the mission which his Führer assigned to him and according to -which he intended to administer in Poland. It contemplated, in brief, -ruthless exploitation, deportation of all supplies and workers, -reduction of the entire Polish economy to an absolute minimum necessary -for bare existence of the population, and the closing of all schools. No -more callous statement exists than the one Frank made in this report, -wherein he said, “Poland shall be treated as a colony; the Poles shall -be the slaves of the Greater German world empire.” - -In December 1940 Frank submitted to his department heads that the task -of administering Poland did truly involve a hard racial struggle which -would not allow any legal restrictions. I refer to our Document -2233(o)-PS, which may be found at Page 45 in the document book. It is -taken from the Frank diary, and I offer it in evidence as Exhibit Number -USA-173. In the German text the extract to be quoted appears in the -volume of the diary entitled, “Department Heads Meetings 1939-1940,” on -Pages 12 and 13. I now quote: - - “In this country the force of a determined leadership must rule. - The Pole must feel here that we are not building him a legal - state, but that for him there is only one duty, namely, to work - and to behave himself. It is clear that this leads sometimes to - difficulties; but you must, in your own interest, see that all - measures are ruthlessly carried out in order to become master of - the situation. You can rely on me absolutely in this.” - -As for the Poles and Ukrainians, Defendant Frank’s attitude was clear. -They were to be permitted to slave for the German economy as long as the -war emergency continued. Once the war was won, even this cynical -interest would cease. I refer to a speech before German political -leaders at Kraków on 12 January 1944. It appears in the Frank diary and -as our Document 2233(bb)-PS at Page 60 in the document book. It is the -first passage on that page. I offer it in evidence as Exhibit Number -USA-295. In the diary, the German text will be found in the loose-leaf -volume covering the period from 1 January to 28 February 1944, at the -entry for 14 January 1944, at Page 24. “Once the war is won” Frank tells -these leaders—and here we have, may it please the Court, the classic -example of the completely brutal statement: - - “Once the war is won, then, for all I care, mincemeat can be - made of the Poles and the Ukrainians and all the others who run - around here; it doesn’t matter what happens.” - -In accordance with the racial program of the Nazi conspirators, the -Defendant Frank makes it quite clear in his diary that the complete -annihilation of Jews was one of his cherished objectives. In Exhibit -Number USA-271, Frank stated in late 1940 in his diary that he could not -eliminate all lice and Jews in a year’s time. In Exhibit Number USA-281, -he notes in his diary in the year 1942 that a program of starvation -rations sentencing, in effect, 1,200,000 Jews to die of hunger, should -be noted only marginally. In Exhibit Number USA-295, he confided to a -secret press conference that in the year 1944—and this, too, is from -the diary—there were still in the Government General perhaps 100,000 -Jews. - -These facts, if the Tribunal please, are from the diary of the man -himself. We do no more here than to tabulate the results. The supreme -authority within a certain geographic area admits that in a period of 4 -years’ time up to 3,400,000 persons from that area have been annihilated -pursuant to an official policy and for no crime, but only because of -having been born a Jew. No words could possibly reveal the inferences of -death and suffering which must needs be drawn from these stark facts. - -It was a Nazi policy that the population of occupied countries should -endure terror, oppression, impoverishment, and starvation. The Defendant -Frank succeeded so well in this regard that he was forced to report to -his Führer in 1943 that, in effect, Poles did not regard the Government -General with affection. This report to Hitler was a summarization of the -first 3½ years of the Defendant Frank’s administration. It, better than -anything else, can show the conditions as they then existed as a result -of the conspiratorial efforts of the defendants. - -The report is contained in our Document 437-PS, at Page 2 of the -document book, and I now offer the original in evidence as Exhibit -Number USA-610. In the German text, the extract to be quoted appears at -Pages 10 and 11 of this report by Frank to Hitler dated 19 June 1943, -regarding the situation in Poland. I now quote. Frank says: - - “In the course of time, a series of measures, or of consequences - of the German rule, have led to a substantial deterioration of - the attitude of the entire Polish people to the Government - General. These measures have affected either individual - professions or the entire population and frequently also—often - with crushing severity—the fate of individuals.” - -He goes on: - - “Among these are in particular: - - “1. The entirely insufficient nourishment of the population, - mainly of the working classes in the cities, the majority of - which are working for German interests. - - “Until the war of 1939 their food supplies, though not varied, - were sufficient and were generally assured owing to the agrarian - surplus of the former Polish State and in spite of the - negligence on the part of their former political leadership. - - “2. The confiscation of a great part of the Polish estates, - expropriation without compensation, and evacuation of Polish - peasants from maneuver areas and from German settlements. - - “3. Encroachments and confiscations in the industries, in - commerce and trade, and in the field of other private property. - - “4. Mass arrests and shootings by the German Police who applied - the system of collective responsibility. - - “5. The rigorous methods of recruiting workers. - - “6. The extensive paralyzing of cultural life. - - “7. The closing of high schools, colleges, and universities. - - “8. The limitation, indeed the complete elimination, of Polish - influence from all spheres of State administration. - - “9. Curtailment of the influence of the Catholic Church, - limiting its extensive influence—an undoubtedly necessary - move—and, in addition, until quite recently, often at the - shortest notice, the closing and confiscation of monasteries, - schools, and charitable institutions.” - -Indeed, the Nazi plan for Poland succeeded all too well. - -THE PRESIDENT: This is only an extract here. Was he saying that these -measures were inevitable or that he justified them, or what was he -saying in the report? - -LT. COL. BALDWIN: He was saying, Sir, that the Polish people’s attitude -to the Government General had substantially deteriorated. The reasons -for that deterioration are the listings I gave to the Court. In other -words. . . - -THE PRESIDENT: Is that all he said? - -LT. COL. BALDWIN: No, Sir; that is just taken from Pages 10 and 11 of -the report. The report is an extremely long one. - -THE PRESIDENT: Well, I suppose you know what the general tenor of the -report was. - -LT. COL. BALDWIN: The general tenor of the report, Sir, was in the -nature of a complaint to Hitler, that he, Frank, was having an extremely -difficult time in the Government General because of these measures and -because of these happenings in the Government General. - -THE PRESIDENT: Very well. - -LT. COL. BALDWIN: In order to illustrate how completely the Defendant -Frank is identified with the policies. . . - -DR. SEIDL: [_Interposing._] As the Tribunal has already asked the -Prosecution what the purpose of this document is, I would like to point -out here that it concerns a document of 40 typewritten pages addressed -to Hitler and that Frank condemns the conditions which the Prosecution -has brought forward and that in this document he makes far-reaching -proposals to remedy the situation which he severely criticizes. - -I shall, when my turn comes, read the whole document. - -THE PRESIDENT: Exactly. You will have full opportunity, when it is your -turn, to explain this document; but it is not your turn at the moment. - -DR. SEIDL: I only mention it now because the Tribunal itself drew my -attention to this point. - -THE PRESIDENT: Now, Lieutenant Colonel Baldwin, I asked you what was the -whole content of the document from which you were reading this -paragraph. According to counsel for Frank, the document, which is a very -long document, shows that Frank was suggesting remedies for the -difficulties which he here sets out. Is that so? - -LT. COL. BALDWIN: That is so, Your Honor. - -THE PRESIDENT: Well, I think the. . . - -LT. COL. BALDWIN: May it please the Tribunal, I did not cite this -portion of that document, as I will later demonstrate, to show that -Frank did or did not suggest remedies for these conditions; but only to -explain that these conditions existed as of a certain period. - -THE PRESIDENT: Well, when you cite a small part of the document, you -should make sure that what you cite is not misleading as compared to the -rest of the document. - -LT. COL. BALDWIN: I see, Your Honor. I had not considered it to be such, -in view of the purpose for which I introduced it, which, as I suggested, -was only to indicate a set of conditions which existed at a certain -time. I naturally assumed that the Defense, as Dr. Seidl has indicated, -will carry on with the rest of the document as a matter of defense. - -THE PRESIDENT: Yes, of course, that is all very well, but the Defendant -Frank’s counsel will speak at some remote date; and it is not a complete -answer to say that he will have an opportunity of explaining the -document at some future date. It is for Counsel for the Prosecution to -make sure that no extracts which they read can reasonably make a -misleading impression upon the mind of the Tribunal. - -LT. COL. BALDWIN: I shall now state, then, that the extract which was -just read was read solely for the purpose of indicating that at a -certain period, namely, June 1943, those conditions existed in Poland, -as the result of statements by the Governor General of Poland. - -Would that be satisfactory to the Tribunal? - -THE TRIBUNAL (Mr. Biddle): Well, what is not satisfactory to the -Tribunal is that you did not give us the real purport of the document. - -LT. COL. BALDWIN: Well, Sir, I don’t have the complete document before -me now. Therefore, I can’t read all of it. - -THE PRESIDENT: What we would like, would be, if possible, that when an -extract is made from a document, counsel who are presenting that extract -should instruct themselves as to the general purport of the document so -as to make certain that the part that is read is not misleading. - -LT. COL. BALDWIN: Yes, Sir. - -In order to illustrate how completely the Defendant Frank is identified -with the policies, the execution of which is reported in this document, -and how thoroughly they were his own policies; and this, if the Tribunal -please, regardless of what remedies he may have had in 1943, it is -proposed in this last section to take passages from Frank’s own diary in -proof of his early espousal and execution of these self-same policies. - -As to the insufficient nourishment of the Polish population, there was -no need for the Defendant Frank to have waited until June 1943 to have -reported this fact to Hitler. In September 1941 Defendant Frank’s own -chief medical officer reported to him the appalling Polish health -conditions. This appears in Frank’s diary and in our Document -2233(p)-PS, at Page 46 in the document book, which I now offer in -evidence as Exhibit Number USA-611. The German text is to be found in -the 1941 diary volume at Page 830. I quote: - - “Chief Medical Adviser Dr. Walbaum expresses his opinion of the - health condition of the Polish population. Investigations which - were carried out by his department proved that the majority of - Poles had only about 600 calories allotted to them, whereas the - normal requirement for a human being was 2,200 calories. The - Polish population was weakened to such an extent that it would - fall an easy prey to spotted fever.”—Parenthetically, I think - we know that as typhus. - - “The number of diseased Poles has amounted to date to 40 - percent. During the last week alone, 1,000 new spotted fever - cases were officially recorded. That is so far the highest - figure. This health situation represents a serious danger for - the Reich and for the soldiers coming into the Government - General. A spreading of that pestilence into the Reich is very - possible. The increase in tuberculosis, too, is causing anxiety. - If the food rations were to be diminished again, an enormous - increase of the number of illnesses could be predicted.” - -While it was crystal-clear from this report that in September 1941 -disease affected 40 percent of the Polish population, nevertheless the -Defendant Frank approved, in August 1942, a new plan which called for a -much larger contribution of foodstuffs to Germany at the expense of the -non-German population of the Government General. Methods of meeting the -new quotas out of the grossly inadequate rations of the Government -General and the impact of the new quotas on the economy of the country -were discussed at a cabinet meeting of the Government General on 24 -August 1942 in terms which leave no possible doubt that not only was the -proposed requisition beyond the resources of the country, but its force -was to be distributed on a grossly discriminatory basis. This appears -from Frank’s diary and in our Document 2233(e)-PS, which is at Page 30 -in the document book, which I now offer in evidence as Exhibit Number -USA-283. The German text appears in the 1942 conference volume at the -conference entry for 24 August 1942. I quote the following extract: - - “Before the German people”—said Frank—“suffer starvation, the - occupied territories and their people shall be exposed to - starvation. In this moment, therefore, we here in the Government - General must have the iron determination to help the great - German people, that is our fatherland. - - “The Government General, therefore, must do the following: The - Government General has undertaken to send 500,000 tons of bread - grain to the fatherland in addition to the foodstuffs already - being delivered for the relief of Germany or consumed here by - troops of the Armed Forces, Police, or SS. If you compare this - with our contributions of last year you can see that this means - a six-fold increase over that of last year’s contribution by the - Government General. - - “The new demand will be fulfilled exclusively at the expense of - the foreign population. It must be done cold-bloodedly and - without pity.” - -Defendant Frank was not only responsible for reducing the Government -General to starvation level, but was proud of the contribution he -thereby made to the Reich. I refer to a statement made to the political -leaders of the NSDAP on 14 December 1942 at Kraków. It is contained in -the Frank diary and is our Document 2233(z)-PS, at Page 57 in the -document book; and I now offer it in evidence as Exhibit Number USA-612. -In the German text the extract appears in the 1942 diary volume, Part -IV, at Page 1331. Defendant Frank is speaking: - - “I will endeavor to get out of the reservoir of this territory - everything that is yet to be had out of it.” - -He continues: - - “When you consider that it was possible for me to deliver to the - Reich 600,000 tons of bread grain and in addition 180,000 tons - to the Armed Forces stationed here; further, an abundance - amounting to many thousands of tons of other commodities, such - as seed, fats, vegetables, besides the delivery to the Reich of - 300 million eggs, _et cetera_, you can estimate how important - the work in this territory is for the Reich. In order to make - clear to you the significance of the consignment from the - Government General of 600,000 tons of bread grain, you are - referred to the fact that the Government General, by this - achievement alone, covers the raising of the bread ration in the - Greater German Reich by two-thirds for the present rationing - period. This enormous achievement can rightfully be claimed by - us.” - -Now, as to the resettlement of Polish peasants which Defendant Frank -mentions secondly in the report to Hitler—although Himmler was given -general authority in connection with the conspirators’ project to -resettle various districts in the conquered Eastern territories with -racial Germans, the projects relating to resettling districts in the -Government General were submitted to and approved by the Defendant -Frank. The plan to resettle Zamosc and Lublin, for example, was reported -to him at a meeting to discuss special problems of the district Lublin -by his infamous State Secretary for Security, Higher SS and Police -Leader, Krüger, on 4 August 1942. It is contained in Frank’s diary and -in our Document 2233(t)-PS, at Page 51 in the document book, which I now -offer in evidence as Exhibit Number USA-607. The German text appears in -the 1942 volume of the diary, Part III, Pages 830, 831, and 832. - -I now quote from the report of the conference: - - “State Secretary Krüger then continues, saying that the - Reichsführer’s next immediate plan until the end of the - following year would be to settle the following German racial - groups in the two districts”—Zamosc and Lublin—“1,000 peasant - homes (1 homestead per family of about 6) for Bosnian Germans; - 1,200 other kinds of homes; 1,000 homesteads for Bessarabian - Germans; 200 for Serbian Germans; 2,000 for Leningrad Germans; - 4,000 for Baltic Germans; 500 for Wolhynia Germans; and 200 - homes for Flemish, Danish, and Dutch Germans; in all 10,000 - homes for 50,000 to 60,000 persons.” - -Upon hearing this, the Defendant Frank directed that—and I quote: - - “. . . the resettlement plan is to be discussed co-operatively - by the competent authorities and he declares his willingness to - approve the final plan by the end of September after - satisfactory arrangements had been made concerning all the - questions appertaining thereto—in particular the guaranteeing - of peace and order—so that by the middle of November, as the - most favorable time, the resettlement can begin.” - -THE PRESIDENT: The Tribunal will adjourn now for 10 minutes. - - [_A recess was taken._] - -LT. COL. BALDWIN: May it please the Tribunal, the way in which the -resettlement at Zamosc was carried out was described to Defendant Frank -by Krüger at a meeting at Warsaw on January 25, 1943. The report is -contained in the Frank diary and is our Document 2233(aa)-PS, and -appears at Page 58 in the document book. I offer the original of it in -evidence as Exhibit Number USA-613. The German text appears in the labor -conference volume for 1943, at Pages 16, 17, and 19. Krüger in this -excerpt reports that they had settled the first 4,000 in the Kreis -Zamosc shortly before Christmas; that, understandably, friends were not -made of the Poles in the resettlement program; and that the Poles had to -be chased out. He then stated to Frank, and I quote: - - “We are removing those who constitute a burden in this new - colonization territory. Actually, they are the asocial and - inferior elements. They are being deported; first brought to a - concentration camp and then sent as labor to the Reich. From a - Polish propaganda standpoint, this entire first action has an - unfavorable effect. For the Poles say: ‘After the Jews have been - destroyed, then they will employ the same methods to get the - Poles out of this territory and liquidate them just like the - Jews.’” - -Krüger went on to mention that there was a great deal of unrest in the -territory as a result; and Frank informed him, that is, Krüger, that -each individual case of resettlement would be discussed in the future -exactly as that one of Zamosc had been. - -Although the illegality of this dispossession of Poles to make room for -Germans was evident and although the fact that the Poles who were not -only being dispossessed but sent off to concentration camps became -increasingly difficult to handle, the resettlement projects continued in -the Government General. - -The third item mentioned by Frank—the encroachments and confiscations -of industry and private property—was again an early Frank policy. He -explained this to his department heads in December 1939. The report is -from his diary and is our Document 2233(k)-PS, and it appears at Page 40 -in the document book. I now offer it in evidence as Exhibit Number -USA-173. The German text appears in the department heads conference -volume for 1939-40 at the entry for 2 December 1939 at Pages 2 and 3. -Dr. Frank states: - - “Principally it can be said regarding the administration of the - Government General: This territory in its entirety is booty for - the German Reich, and thus it will not do for this territory to - be exploited in separate individual parts; but the territory in - its entirety shall be economically used and its entire economic - worth redound to the benefit of the German people.” - -Reference is made to Exhibit Number USA-297, if any further support of -an early policy of ruthless exploitation is deemed necessary by the -Tribunal. In addition, the decree permitting sequestration in the -Government General heretofore pointed out to the Tribunal -(_Verordnungsblatt für das Generalgouvernement_, Number 6, 27 January -1940, Page 23), which decree was signed by the Defendant Frank, -permitted and empowered the Nazi officials to engage in wholesale -seizure of property. This was made the easier by the undefined criteria -of the decree. The looting of the Government General under this and -other decrees has already been presented to the Tribunal on 14 December -1945, under the subject heading, “Germanization and spoliation of -occupied territories,” and the Tribunal is respectfully referred to that -portion of the record and in particular to that segment dealing with the -Government General. - -The Defendant Frank mentioned mass arrests and mass shooting and the -application of collective responsibility as the fourth reason for the -apparent deterioration of the attitude of the entire Polish people. In -this, too, he is to blame, for it was no part of Defendant Frank’s -policy that reprisal should be commensurate with the gravity of the -offense. He was, on the contrary, an advocate of the most drastic -measures. At a conference of district political leaders at Kraków, on 18 -March 1942, Frank stated his policy. This extract is from the diary and -is our Document 2233(r)-PS and will be found at Page 49 in the document -book. I offer it in evidence as Exhibit Number USA-608. The German text -may be found in the diary volume for 1942, Part I, Pages 195 and 196. I -quote Frank’s statement: - - “Incidentally, the struggle for the achievement of our aims will - be pursued cold-bloodedly. You see how the state agencies work. - You see that we do not hesitate at anything, and stand dozens of - people up against the wall. This is necessary because a simple - reflection tells me that it cannot be our task at this period, - when the best German blood is being sacrificed, to show regard - for the blood of another race; for out of this, one of the - greatest dangers may arise. One already hears today in Germany - that prisoners of war, for instance, in Bavaria or Thuringia, - are administering large estates entirely independently, while - all the men in a village fit for service are at the front. If - this state of affairs continues, then a gradual retrogression of - Germanism will result. One should not underestimate this danger. - Therefore, everything revealing itself as a Polish power of - leadership must be destroyed again and again with ruthless - energy. This does not have to be shouted abroad; it will happen - silently.” - -And on 15 January 1944 Defendant Frank assured the political leaders of -the NSDAP that reprisals would be made for German deaths. These remarks -are to be found in the Frank diary, in our Document 2233(bb)-PS at Page -60 in the document book, the second quote on that page, the original of -which I offer in evidence as Exhibit Number USA-295. The German text -appears in the loose-leaf volume of the diary covering the period from 1 -January 1944 to 28 February 1944, and appears at Page 13. Frank says -quite simply—“I have not hesitated to declare that when a German is -shot, up to 100 Poles shall be shot too.” - -The whole tragic history of slave-labor and recruitment of workers has -been placed before this Tribunal in great detail. When the Defendant -Frank refers to these methods as his fifth reason for disaffection in -Poland in his report to Hitler, he once more cites policies which he -executed. Force, violence, and economic duress were all supported by him -as means for recruiting laborers for deportation to slavery in Germany. -This was an announced policy, and I have already alluded to Exhibit -Number USA-297, which contains verification of this fact. - -While in the very beginning recruitment of laborers in the Government -General may have been voluntary, these methods soon proved inadequate. -In the spring of 1940 the question of utilizing force came up and the -matter was discussed at an official meeting at which the Defendant -Seyss-Inquart was also present. I refer to the Frank diary and our -Document 2233(n)-PS, which the Tribunal will find at Page 43 in the -document book. I offer the original in evidence as Exhibit Number -USA-614. The German text appears in the diary volume for 1940, Part II, -at Page 333. I quote the conference report: - - “The Governor General stated that all means in the form of - proclamations, _et cetera_, not having succeeded, one is led to - the conclusion that the Poles, out of malevolence and with the - intention of harming Germany by not putting themselves at its - disposal, refuse to enlist for labor service. Therefore, he asks - Dr. Frauendorfer if there are any other measures not as yet - employed to win the Poles on a voluntary basis. - - “Reichshauptamtsleiter Dr. Frauendorfer answered the question in - the negative. - - “The Governor General emphasized the fact that he will now be - asked to take a definite attitude towards this question. - Therefore, the question will arise whether any form of coercive - measures should now be employed. - - “The question put by the Governor General to SS Lieutenant - General Krüger as to whether he sees possibilities of calling - Polish workers by coercive means, is answered in the affirmative - by SS Lieutenant General Krüger.” - -In May 1940, at an official conference—and this record is already -before the Tribunal as Exhibit Number USA-173—Defendant Frank stated -that compulsion in recruitment of labor could be exercised, that Poles -could be snatched from the streets and that the best method would be -organized raids. - -As in the case of persecution of the Jews, the forced labor program in -the Government General is almost beyond belief. I refer to the Frank -diary and to our Document 2233(w)-PS, which will be found at Page 53 in -the document book, the original of which I offer into evidence as -Exhibit Number USA-607. This excerpt is a record, if the Court please, -of a discussion between the Defendant Sauckel and the Defendant Frank at -Kraków on 18 August 1942; and it appears in the diary volume for 1942, -Part III, at Pages 918 and 920. Dr. Frank speaks: - - “I am pleased to report to you officially, Party Comrade - Sauckel, that we have up to now supplied 800,000 workers for the - Reich. . . .” - -He continues: - - “Recently you have requested us to supply a further 140,000. I - have pleasure in informing you officially that in accordance - with our agreement of yesterday, 60 percent of the newly - requested workers will be supplied to the Reich by the end of - October and the balance of 40 percent by the end of the year.” - -Dr. Frank continues: - - “Beyond the present figure of 140,000 you can, however, next - year reckon upon a higher number of workers from the Government - General, for we shall employ the Police to conscript them.” - -How this recruitment was carried out—by wild and ruthless manhunts—is -clearly shown in Exhibit Number USA-178, which is in evidence before the -Tribunal. Starvation, violence, and death, which characterized the -entire slave-labor program of the conspirators, was thus faithfully -reflected in the administration of the Defendant Frank. - -There were, of course, other grounds for uneasiness in occupied Poland -which the Defendant Frank did not mention in his report to Hitler. He -does not mention the concentration camps, perhaps because as a -representative jurist of National Socialism, the Defendant Frank had -himself defended the system in Germany. As Governor General the -Defendant Frank, we feel, must be held responsible for all concentration -camps within the boundaries of the Government General. These include, -among others, the notorious camp at Maidanek and the one at Lublin and -at Treblinka outside of Warsaw. As indicated previously, the Defendant -Frank knew and approved that Poles were taken to concentration camps in -connection with resettlement projects. He had certain jurisdiction as -well in relation to the extermination camp Auschwitz, to which Poles -from the Government General were committed by his administration. In -February 1944 Embassy Counsellor Dr. Schumberg suggested a possible -amnesty of Poles who had been taken to Auschwitz for trivial offenses -and kept there for several months. This conference, if the Court please, -is reported in the Frank diary and is contained in our Document -2233(bb)-PS, at Page 60 in the document book. It is the third quote on -that page. I offer the original in evidence as Exhibit Number USA-295. - -THE PRESIDENT: You go too fast. Did you say Page 70? - -LT. COL. BALDWIN: Page 60, Sir. The German text appears in the -loose-leaf volume covering the period 1 January 1944 to 28 February -1944, at the conference on 8 February 1944, on Page 7. I quote: - - “The Governor General will take under consideration an amnesty - probably for 1 May of this year. Nevertheless, one must not lose - sight of the fact that the German leadership of the Government - General must not now show any sign of weakness.” - -This, then, was and is the conspirator Hans Frank. The evidence is by no -means exhausted, but it is our belief that sufficient proof has been -given to this Tribunal to establish his liability under Count One of the -Indictment. - -As legal adviser of Hitler and the Leadership Corps of the NSDAP, -Defendant Frank promoted the conspirators’ rise to power. In his various -juridical capacities, both in the NSDAP and in the German Government, -Defendant Frank certainly advocated and promoted the political monopoly -of the NSDAP, the racial program of the conspirators, and the terror -system of the concentration camps and of arrest without warrant. His -role, early in the Common Plan, was to realize “the National Socialist -program in the realm of the law” and to give the outward form of -legality to this program of terror, persecution, and oppression which -had as its ultimate purpose mobilization for aggressive war. - -As a loyal adherent of Hitler and the NSDAP, Defendant Frank was -appointed Governor General in 1939 of that area of Poland known as the -Government General. Defendant Frank had defined justice as that which -benefited the German nation. His 5 years’ administration of the -Government General illustrates the most extreme extension of that -principle. - -It has been shown that Defendant Frank took the office of Governor -General under a program which constituted in itself a criminal plan or -conspiracy, as Defendant Frank well knew and approved, to exploit the -territory ruthlessly for the benefit of Nazi Germany, to conscript its -nationals for labor in Germany, to close its schools and colleges, to -prevent the rise of a Polish intelligentsia, and to administer the -territory as a colonial possession of the Third Reich in total disregard -of the duties of an occupying power towards the inhabitants of occupied -territory. - -Under Defendant Frank’s administration this criminal plan was -consummated, but the execution went even beyond the plan. Food -contributions to Germany increased to the point where the bare -subsistence reserved for the Government General under the plan was -reduced to a level of mass starvation. The savage program of -exterminating Jews was relentlessly executed. Resettlement projects were -carried out with reckless disregard of the rights of the local -population and the terror of the concentration camp followed in the wake -of the Nazi invaders. - -This statement of evidence has been compiled in large part from -statements by the Defendant Frank himself, from the admission found in -his diary, official reports, reports of conferences with his colleagues -and subordinates, and his speeches. It is therefore appropriate that a -passage from his diary should be quoted in conclusion. It is our -Document 2233(aa)-PS. It appears at Page 59 in the document book. I -offer the original in evidence as Exhibit Number USA-613. The German -text appears in the 1943 volume of labor conference meetings at the 25 -January 1943 entry on Page 53. In his address Defendant Frank, -prophetically enough, told his colleagues in the Government General that -their task would grow more difficult. “Hitler”, he said, “could help -them only as a kind of ‘administrative pill box.’” They must depend on -themselves. - - “We are now duty bound to hold together”—and I quote Frank—“We - must remember that we who are gathered together here figure on - Mr. Roosevelt’s list of war criminals. I have the honor of being - Number One. We have, so to speak, become accomplices in the - world historic sense.” - -This concludes the presentation on the Defendant Frank. - -May it please the Tribunal, Lieutenant Colonel Griffith-Jones of the -British Delegation will now deal with the individual responsibility of -the Defendant Streicher. - -LIEUTENANT COLONEL M. C. GRIFFITH-JONES (Junior Counsel for the United -Kingdom): If the Tribunal please, it is my duty to present the case -against the Defendant Julius Streicher. - -Appendix A of the Indictment, that paragraph of the Appendix relating to -Streicher, sets out the positions which he held and which I shall prove. -It then goes on to allege that he used those positions and his personal -influence and his close connection with the Führer in such a manner that -he promoted the accession to power of the Nazi conspirators and the -consolidation of their control over Germany, as set forth in Count One -of the Indictment; that he authorized, directed, and participated in the -Crimes against Humanity, set forth in Count Four of the Indictment, -including particularly the incitement of the persecution of the Jews, -set forth in Count One and Count Four of the Indictment. - -My Lord, the case against this defendant can be, perhaps, described by -the unofficial title that he assumed for himself as “Jew-baiter Number -One.” It is the Prosecution’s case that for the course of some 25 years -this man educated the whole of the German people in hatred and that he -incited them to the persecution and to the extermination of the Jewish -race. He was an accessory to murder, perhaps on a scale never attained -before. - -With the Tribunal’s permission I propose to prove quite shortly the -position and influence that he held and then to refer the Tribunal to -several short extracts from his newspapers and from his speeches and -then to outline the part that he played in the particular persecutions -that occurred against the Jews between the years 1933 and 1945. - -My Lord, perhaps before I start, I might say that the document book -before the members of the Tribunal is arranged in the order in which I -intend to refer to the documents. They are paged and there is an index -at the beginning of the book and if the Tribunal have got what is called -the trial brief, it is in effect a note of the evidence to which I shall -refer and again in the order in which I shall refer to it, which may be -of some assistance. - -My Lord, this defendant was born in 1885. He became a school teacher in -Nuremberg and formed a party of his own, which he called the German -Socialist Party. The chief policy of that party, again, was -anti-Semitism. In 1922 he handed over his party to Hitler; and there is -a glowing account of his generosity which appears in Hitler’s _Mein -Kampf_, which I do not think it worth occupying the time of the Tribunal -in reading. It appears as Document M-3, and is the first document in the -Tribunal’s document book. The copy of _Mein Kampf_ is already before the -Tribunal as Exhibit GB-128. - -The appointments that he held in the Party and State were few. From 1921 -until 1945 he was a member of the Nazi Party. In 1925 he was appointed -Gauleiter of Franconia, and he remained as such until about February of -1940; and from the time that the Nazi Government came into power in 1933 -until 1945, he was a member of the Reichstag. In addition to that he -held the title of Obergruppenführer in the SA. All that information -appears in Document 2975-PS, which is already exhibited as Exhibit -Number USA-9, and is the affidavit that he made himself. - -The propaganda that he carried out throughout those years was chiefly -done through the medium of his newspapers. He was the editor and -publisher of the paper called Der Stürmer, which was a weekly journal, -from 1922 until 1933; and thereafter the publisher and owner of the -paper. - -In 1933 he also founded and thereafter, I think, published—certainly -was responsible for—the daily newspaper called the _Fränkische -Tageszeitung_. - -There were, in addition to that and particularly later, several others, -mostly local journals, that he published from Nuremberg. - -Those are the positions that he held; and now if I may, I shall quite -briefly trace the course of his incitement and propaganda more or less -in chronological order by referring the Tribunal to the short extracts. -I would say this: These extracts are really selected at random. They are -selected with a view to showing the Tribunal the various methods that he -employed to incite the people against the Jewish race; but his -newspapers are crowded with them, week after week, day after day. It is -impossible to pick up any copy without finding the same kind of stuff in -the headlines and in the articles. - -If I might quote from four speeches and articles showing his early -activities from 1922 until 1933—at Page 3 of the Tribunal’s document -book, Document M-11—that is an extract from a speech that he made in -1922 in Nuremberg, and—after abusing the Jews in the first paragraph—I -refer only to the last two lines: “We know that Germany will be free -when the Jew has been excluded from the life of the German people.” - -I pass to the next document, which is M-12, on Page 4. The first -document was Exhibit GB-165. That is the book, I understand, that is -being given that number, so that the next document, which is taken from -the same book, will be the same. Perhaps I might be allowed to read that -short extract. It is an extract from a speech: - - “I beg you and particularly those of you who carry the cross - throughout the land, to become somewhat more serious when I - speak of the enemy of the German people, namely, the Jew. Not - out of irresponsibility or for fun do I fight against the Jewish - enemy, but because I bear within me the knowledge that the whole - misfortune was brought to Germany by the Jews alone. - - “. . . I ask you once more, what is at stake today? The Jew - seeks domination not only among the German people but among all - peoples. The Communists pave the way for him. . . . Do you not - know that the God of the Old Testament ordered the Jews to - devour and enslave the peoples of the earth? . . . - - “The Government allows the Jew to do as he pleases. The people - expect action to be taken. . . . You may think about Adolf - Hitler as you please, but one thing you must admit. He possessed - the courage to attempt to free the German people from the Jew by - a national revolution. That was a great deed.” - -The next short extract appearing on the next page is taken from a speech -in April of 1925: - - “You must realize that the Jew wants our people to perish. . . . - That is why you must join us and leave those who have brought - you nothing but war and inflation and discord. For thousands of - years the Jew has been destroying the nations.” - -I ask the Tribunal to note now these last few words: - - “Let us start today, so that we can annihilate the Jews.” - -My Lord, so far as I have been able to find, that is the earliest -expression of annihilation of the Jewish race. Perhaps it gave birth to -what was 14 years later to become the official policy of the Nazi -Government. - -And one further passage from this period. This is in April 1932, -Document M-14, taken from the same book. He starts by saying, “For 13 -years I have fought against Jewry.” I quote the last paragraph only: - - “We know that the Jew, whether he is baptized as a Protestant or - as a Catholic, remains a Jew. Why can you not realize this, you - Protestant clergymen, you Catholic priests! You are blinded and - serve the God of the Jews who is not the God of love but the God - of hate. Why do you not listen to Christ, who said to the Jews, - ‘You are the children of the Devil.’” - -That, then, was the kind of performance he was putting up during those -early years. When the Nazi Party came to power, they officially started -their campaign against the Jews by the boycott of 1 April 1933. Now, of -that boycott the Tribunal have already had evidence; and I would do no -more now than to remind the Tribunal in a word what happened. - -The boycott was agreed on and approved of by the whole Government, as -was shown in a document which is already before you, Document 2409-PS, -Exhibit Number USA-262, which was Goebbels’ diary. - -Streicher was appointed the chairman of the central committee for the -organization of that boycott, which appears in Document 2156-PS, Exhibit -Number USA-263. It was then said that he started his work on Wednesday, -the 29th. - -On that same day the central committee issued a proclamation in which -they said that the boycott would start on Saturday at 10:00 a. m. sharp. -“Jewry will realize whom it has challenged.” That short quotation -appears in Document 3389-PS, which is USA-566, which is a volume—in -actual fact, it is a copy of _Der Stürmer_ which is already before the -Court. - -I would refer the Tribunal to one short passage from an article in the -_Nationalsozialistische Partei Korrespondenz_ which the defendant wrote -on the 30th of March, before the boycott was due to start. It is -Document 2153-PS and appears on Page 12 of the Tribunal’s book, which -becomes Exhibit GB-166. There he writes, under the title, “Defeat the -enemy of the world!—by Julius Streicher, official leader of the central -committee to combat the Jewish atrocity and boycott campaign.”: - - “Jewry wanted this battle. It shall have it until it realizes - that the Germany of the brown battalions is not a country of - cowardice and surrender. Jewry will have to fight until we have - won victory. - - “National Socialists! Defeat the enemy of the world. Even if the - world is full of devils, we shall succeed in the end.” - -As head of the central committee for that boycott, Streicher outlined in -detail the organization of the boycott in orders which the committee -published on the 31st of March 1933, which is the next document in the -book, Document 2154-PS, Exhibit GB-167. I can summarize those. - -The committee stressed that no violence is to be employed against the -Jews on the occasion of that boycott, but not perhaps for humane -reasons; it is because, if there is no violence employed, then Jewish -employers will have no grounds for discharging their employees without -notice; and they will have no ground for refusing to pay them any wages. - -The Jews were also reported apparently to be transferring businesses to -German figureheads in order to alleviate the results of this -persecution, and the committee laid it down that any property to be -transferred was to be considered as Jewish for the purpose of the -boycott. - -I do not think I need go into that any further. It does show that at -that date he was taking a leading part, and a leading part as appointed -by the Government, in the persecution of the Jews. - -I would now refer the Court again to a few further extracts to show the -form that this propaganda developed as the years went on. At Page 18 of -the document book, Document M-20, we have an article in the New Year’s -issue of a new paper that he had just founded. It was a semi-medical -paper called _German People’s Health Through Blood and Soil_, edited by -himself; and it is an example of the really remarkable lengths to which -he went in putting over this propaganda against the Jews. I quote: - - “For the initiated it is established for all time: ‘alien - albumen’ is the sperm of a man of alien race. The male sperm in - cohabitation is partially or completely absorbed by the female, - and thus enters her bloodstream. One single cohabitation of a - Jew with an Aryan woman is sufficient to poison her blood - forever. Together with the ‘alien albumen’ she has absorbed the - alien soul. Never again will she be able to bear purely Aryan - children, even when married to an Aryan. They will all be - bastards, with a dual soul and a body of a mixed breed. Their - children, too, will be crossbreeds; that means, ugly people of - unsteady character and with a tendency to illnesses. . . . - - “Now we know why the Jew uses every artifice of seduction in - order to ravish German girls at as early an age as possible; why - the Jewish doctor rapes his female patients while they are under - anaesthesia. . . . He wants the German girl and the German woman - to absorb the alien sperm of the Jew. She is never again to bear - German children! - - “But the blood products of all animal organisms right down to - bacteria, thus serum, lymph, extracts from internal organs, _et - cetera_, are also ‘alien albumen.’ They have a poisonous effect - if directly introduced into the bloodstream either by - vaccination or by injection. - - “The worst is that by these products of sick animals the blood - is defiled, the Aryan is impregnated with an alien species. - - “The author and abettor of such action is the Jew. He has been - aware of the secrets of the race question for centuries, and - therefore plans systematically the annihilation of the nations - which are superior to him. Science and ‘authorities’ are his - instruments for the enforcing of pseudoscience and the - concealment of truth.” - -That becomes, My Lord, Exhibit GB-168. - -The next document, also at the beginning of 1935, an extract from his -own paper _Der Stürmer_, is entitled “The Chosen People of the -Criminals”: - - “And all the same, or let us say, just because of this, the - history book of the Jews, which is usually called the Holy - Scriptures, impresses us as a horrible criminal romance, which - makes the 150 shilling-shockers of the British Jew, Edgar - Wallace, grow pale with envy. This ‘holy’ book abounds in - murder, incest, fraud, theft, and indecency.” - -On the 4th of October 1935—and the Tribunal will remember that that was -the month after the Nuremberg Decrees had been made—he made a speech -which is reported in the _Völkischer Beobachter_ and is entitled in that -newspaper, “Safeguard of German Blood and German Honor.” I read the -report in that article: “Gauleiter Streicher speaks at a German Labor -Front mass demonstration for the Nuremberg laws.” Then the first line of -the actual article says that he spoke for the second time within a few -weeks. I quote only the last two lines of that first large paragraph: -“. . . we have therefore to unmask the Jew, and that is what I have been -doing for the past 15 years.” That remark apparently was met with -tempestuous applause. That document, M-34, becomes Exhibit GB-169. - -And, My Lord, I think it unnecessary to quote from the next document in -the Tribunal’s book. It is very much the same type of thing. On Page 22 -of the document book, Document M-6, there is a leading article by -Streicher in his _Der Stürmer_ of which I would refer only to the last -half of the last paragraph where again he emphasizes the part that he -himself has taken in this campaign. - - “The _Stürmer’s_ 15 years of work of enlightenment has already - led an army of initiated—millions strong—to National - Socialism. The continued work of _Der Stürmer_ will help to - ensure that every German down to the last man will, with heart - and hand, join the ranks of those whose aim it is to crush the - head of the serpent Pan-Juda beneath their heels. He who helps - to bring this about helps to eliminate the devil, and this devil - is the Jew.” - -That document becomes Exhibit GB-170. - -The next document—I include it in the document book again only to show -the extraordinary length to which he went in his propaganda; and it -consists of a photograph of the burning hull of the airship _Hindenburg_ -when it went on fire in June 1937 in America. Underneath it the caption -includes the comment: - - “The first radio picture from the United States of America shows - quite clearly that a Jew stands behind the explosion of our - airship _Hindenburg_. Nature has depicted quite clearly and - quite correctly that devil in human guise.” - -And although it is not at all clear from that photograph, I think the -meaning of that comment is that the cloud of smoke in the air is in the -shape of a Jewish face. - -On the next page Document M-4 is a speech he made in September 1937 at -the opening of a bridge in Nuremberg. I will quote only the last -paragraph on Page 24. The bridge in question is called the Wilhelm -Gustloff bridge, and he says: - - “The man who murdered Wilhelm Gustloff must have come from the - Jewish people, because the Jewish textbooks teach that every Jew - has the right to kill a non-Jew; and indeed, that it is pleasing - to the Jewish God to kill as many non-Jews as possible. - - “Look at the road the Jewish people have been following for - thousands of years past; everywhere murder, everywhere mass - murder! Neither must we forget that behind present-day wars - there stands the Jewish financier who pursues his aims and - interests. The Jew always lives on the blood of other nations; - he needs such murder and such victims. For us who know, the - murder of Wilhelm Gustloff is the same as ritual murder.” - -And then on the next page: - - “It is our duty to tell the children at school and the bigger - ones what this memorial means. . . .” - -I go to the next paragraph: - - “The Jew no longer shows himself among us openly as he used to. - But it would be wrong to say that victory is ours. Full and - final victory will have been achieved only when the whole world - is rid of Jews.” - -That becomes Exhibit GB-171. - -Now the next two documents in your document books are simply extracts -from the correspondence columns of his _Der Stürmer_, showing again one -of the methods he employed in this propaganda. I do not need to read -them. The correspondence columns of all his issues are full of letters -coming in from Germans saying that some German has been buying her shoes -from a Jewish shop and so on, and in that way assisting in the general -boycott of the Jews. In other words, they really are a weekly column of -libels against the Jews all over Germany. - -I pass then to another and particular form of propaganda that he -employed and which he called “ritual murder.” The Tribunal may well -remember that some years ago—I think it started in 1934—this _Der -Stürmer_ began publishing accounts of Jewish ritual murder which -horrified the whole world to such an extent that even the Archbishop of -Canterbury eventually wrote to the _Times_ protesting, as indeed did -people from every country in the world, protesting that any Government -should allow matter like this to be published in their national -newspapers. - -He takes his ritual murder, I understand, from a medieval belief that -during their Eastertide celebrations the Jews were in the habit of -murdering Christian children; and he enlarges upon this and -misrepresents this belief, this medieval belief, to show that not only -did they do it in the Middle Ages, but that they are still doing it and -still want to do it. And if I might just quote one or two passages from -his newspapers and show one or two pictures which he published in -connection with his campaign of ritual murder, it will illustrate to the -Court the type of teaching and propaganda that he was putting up. On -Page 29 of the Tribunal’s document book, I will quote from the third but -last paragraph: - - “This the French front-line soldier should take with him to - France: The German people have taken a new lease on life. They - want peace, but if anybody should attack them, if anyone should - try to torture them again, to throw them back into the past, - then the world would witness another heroic epic; then may - Heaven decide where righteousness lies—here with us, or where - the Jew has the whiphand and where he instigates massacres, one - could almost say the biggest ritual murders of all times. If the - German people are to be slaughtered according to the Jewish - rites, the whole world will be thus slaughtered at the same - time.” - -And the last paragraph: - - “Just as you have drummed morning and evening prayers into your - children’s heads, so now drum this into their heads, so that the - German people may gain the spiritual power to convince the rest - of the world which the Jews desire to lead against us.” - -That Document is M-2, Exhibit GB-172. - -And on the following page of the document book there is a reproduction -of a photograph taken from _Der Stürmer_ of April 1937 which illustrates -three Jews ritually murdering a girl by cutting her throat and shows the -blood pouring out into a bucket on the ground. The caption underneath -that photograph is as follows: - - “Ritual Murder at Polna. Ritual murder of Agnes Hruza by the - Jews Hilsner, Erdmann, and Wassermann (taken from a contemporary - postcard.)” - -That is Exhibit Number USA-258. It is already in a copy of _Der -Stürmer_, which has been put in. - -There appears on the next page of the document book an extract from that -same _Der Stürmer_, April 1937. I will not read it now, because it has -been put in and has all been read to the Court. It describes what -happens when ritual murder takes place, and the blood is mixed with the -bread and drunk by the Jews having their feast. The Tribunal will -remember that during the feast the head of the family exclaims, “May all -gentiles perish—as the child whose blood is contained in the bread and -wine.” - -That is already Exhibit Number USA-258, and it has been read in the -transcript at Page 1437 (Volume III, Pages 522, 523). - -THE PRESIDENT: Would that be a good time to break off? - -LT. COL. GRIFFITH-JONES: If My Lordship pleases. - - [_A recess was taken until 1400 hours._] - - - - - _Afternoon Session_ - -LT. COL. GRIFFITH-JONES: May it please the Tribunal, if I might just -refer to two further copies of _Der Stürmer_ on the subject of “ritual -murder,” the first of which appears on Page 32 of the document book, -2700-PS. It is the copy in Exhibit USA-260. It is an article in _Der -Stürmer_ for July 1938: - - “Whoever has had the occasion to be an eyewitness to the - ritualistic slaughtering of animals or at least to see a - truthful film on this method of slaughtering will never forget - this gruesome experience. It is horrifying. And instinctively he - is reminded of the crimes which the Jews have committed for - centuries on human beings. He will be reminded of the ritual - murder. History offers hundreds of cases in which non-Jewish - children were tortured to death by Jews. They, too, received the - same gash in the throat as is found on ritualistically - slaughtered animals. They, too, were slowly bled to death while - fully conscious.” - -My Lord, on special occasions, or when he had some particular subject -matter to put before the world, he was in the habit of issuing special -editions of his newspaper _Der Stürmer_. Ritual murder was such a -special subject that he issued one of these special editions dealing -solely with it. The Tribunal will have a photostatic copy of the -complete issue for May 1939. - -Now I have not attempted to have translated all, or indeed any, of the -articles which appear in that edition. It is perhaps sufficient to look -at the pictures, the illustrations, and for me to read the captions -which appear underneath the photographs; and I regret the translations -of the captions have not been attached to the Tribunal’s copy but -perhaps I may be permitted to refer to the pictures and read the -captions for the Tribunal. - -The pages are marked in red pencil on the right-hand corner. On Page 1 I -see a picture of a child having knives stuck into its side, blood -spurting from it, and below the pedestal on which it stands are five -presumably dead children lying on the ground. The caption to that -picture is as follows: - - “In the year 1476 the Jews in Regensburg murdered six boys. They - drew their blood and tortured them to death. In an underground - vault which belonged to the Jew Josfol, the judges found the - bodies of the murdered boys. A bloodstained earthen bowl stood - on an altar.” - -On the next page there are two pictures, and the captions explain them. -The one at the top left-hand corner: - - “For the Jewish New Year celebrations in 1913, World Jewry - published this picture as a postcard. On the Jewish New Year and - on the Day of Atonement the Jews slaughter a so-called ‘kapores - cock,’ that is to say, dead cock, whose blood and death is - intended to purify the Jews. In 1913 the ‘kapores cock’ had the - head of the Russian Czar Nicholas II. By publishing this - postcard the Jews intended to say that Nicholas II would be - their next political purifying sacrifice. On the 16th of July - 1918 the Czar was murdered by the Jews Jurovsky and - Goloschtschekin.” - -The picture at the bottom of the page, again, has a Jew holding a -similar bird: - - “The ‘kapores cock’ has the head of the Führer. The Hebrew - script says that one day Jews will ‘kill all Hitlerites.’ Then - they, the Jews, will be delivered from all misfortunes. But in - due course the Jews will realize that they have reckoned without - an Adolf Hitler.” - -The next page of the newspaper contains reproductions of a lot of -previous articles on ritual murder, with a picture of the Defendant -Julius Streicher at the top. - -On the fourth page, a picture at the bottom of the right-hand corner has -the caption: - - “Jew at the Passover Meal. The wine and matzoth,”—unleavened - bread—“contain non-Jewish blood. The Jew ‘prays’ before the - meal. He ‘prays’ for death to all non-Jews.” - -On the fifth page are reproductions from some of the European and -American newspaper articles and letters which had been received by those -newspapers during the course of the last years in protest to this -propaganda on the subject of ritual murder, and in the center of it you -will see the letter from the Archbishop of Canterbury written to the -editor of the _Times_ in protest. - -On the next page, Page 6, is another ghastly picture of a man having his -throat cut—again the usual spurt of blood falling into a basin on the -floor—and the caption to that is as follows: - - “The Ritual Murder of the Boy Heinrich. In the year 1345 the - Jews in Munich slaughtered a non-Jewish boy. The martyr was - beatified by the Church.” - -On Page 7 appears a picture representing three ritual murders. On Page 8 -there is another photo-picture: - - “St. Gabriel. This boy was crucified and tortured to death by - the Jews in the year 1690. The blood was drawn from him.” - -I think we can pass Page 9 and Page 10. - -On Page 11 there is shown a piece of sculpture which appears on the wall -of the Wallfahrts Chapel in Wesel and it represents the ritual murder of -a boy, Werner. It is a somewhat disgusting picture of the boy strung up -by his feet and being murdered by two Jews. - -Page 12 reproduces another picture taken from the same place. The -caption is: - - “The Embalmed Body of ‘Simon of Trent’ Who Was Tortured to Death - by the Jews.” - -Page 13 has another picture—somebody else having a knife stuck into -him, more blood coming out into a basin. - -On Page 14 are two pictures. The one at the top is said to be the ritual -murder of the boy Andreas, and the one at the bottom is the picture of a -tombstone, the caption of which reads as follows: - - “The Tombstone of Hilsner. This is the memorial to a Jewish - ritual murderer, Leopold Hilsner. He was found guilty of two - ritual murders and was condemned in two trials to death by - hanging. The emperor was bribed and pardoned him. Masaryk, the - friend of the Jews, liberated him from penal servitude in 1918. - Even on his tombstone lying Jewry calls this two-fold murderer - an innocent victim.” - -The next page again reproduces the picture of a woman being murdered by -having her throat cut in the same way; and perhaps I might refer to Page -17, which reproduces a picture of the Archbishop of Canterbury and a -picture of an old Jewish man, and the caption says: - - “Dr. Lang, the Archbishop of Canterbury, the Highest Dignitary - of the English Church. His ally, a typical example of the Jewish - race.” - -The last page, Page 18, reproduces a picture called, “St. Simon of -Trent, Who Was Tortured to Death.” - -My Lord, it is my submission that that document is nothing but an -incitement to the people of Germany who read it, an incitement to -murder. It is filled with pictures of murder, murder alleged to be -against the German people, and is an encouragement to all who read it to -revenge themselves, and to revenge themselves in the same way. That -document, M-10, becomes Exhibit GB-173. - -DR. HANNS MARX (Counsel for Defendant Streicher): The Defendant Julius -Streicher has just called my attention to the fact that he has not been -given the opportunity to prove from where these pictures, which the -Prosecution referred to just now, were taken. It is, in the opinion of -the Defense, necessary that the origin of these pictures should be made -clear to the Tribunal; otherwise one might think that these pictures had -been especially borrowed for _Der Stürmer_ from some obscure source. The -Defendant Streicher, however, points out that these pictures came from -recognized historical sources. I should therefore like to suggest that -the Prosecution make this material also available. I think that the -articles of _Der Stürmer_ which have been referred to must show what the -sources are from which Streicher was supplied. - -THE PRESIDENT: Do the articles show the sources? Do the articles -themselves indicate the sources? - -DR. MARX: Yes. - -LT. COL. GRIFFITH-JONES: I should have said so. There wasn’t any -intention to misrepresent the matter, that these pictures are taken from -original pictures. These were not invented by the newspaper, and in some -cases the sources are shown in the caption. This is a collection of -medieval pictures and frescoes dealing with this matter. In actual fact -the papers show in almost all cases where they come from. - -DR. MARX: Thank you. - -THE PRESIDENT: You have already given us the dates of them, which -indicated they were medieval. - -LT. COL. GRIFFITH-JONES: That is so. My Lord, in January 1938—and it -will be remembered that in 1938 the persecution of the Jews became more -and more severe—in January 1938, for some reason or other, another -special issue of _Der Stürmer_ was published. If the Tribunal would look -at Page 34 of their document book I will quote a short passage from the -leading article in that paper—an article written by the defendant: - - “The supreme aim and highest task of the State is therefore to - preserve People, Blood, and Race. But if this is the supreme - task, any crime against this law must be punished with the - supreme penalty. _Der Stürmer_ takes therefore the view that - there are only two punishments for the crime of polluting the - race: 1. Long-term penal servitude for attempted race pollution. - 2. Death for the completed crime.” - -And again, indeed if it is now still necessary to show the type of paper -this was, if the Tribunal will turn over to the next page they will see -the headlines set out for some of the articles that are contained in -that edition: - - “Jewish Race Polluters at Work.” - - “Fifteen-Year-Old Non-Jewess Violated.” - - “A Dangerous Race Polluter. He regards German women as fair game - for himself.” - - “The Jewish Sanatorium. A Jewish institution for the cultivation - of race pollution.” - - “Rape of a Feeble-Minded Girl.” - - “The Jewish Butler. He steals from his Jewish masters and - commits race pollution.” - -The copy of that paper is already in as Exhibit USA-260. - -On the next page of the document book I will quote only the last two -lines. It is an article appearing in _Der Stürmer_; and it is true that -it is not an article actually written by the Defendant Streicher but by -his then editor, Karl Holz: - - “Revenge will break loose one day and will exterminate Jewry - from the face of the earth.” - -And again on Page 37, in September 1938, _Der Stürmer_ has written an -article in which the last two lines read as follows: - - “. . . a parasite, a mischief maker, an evil-doer, a - disseminator of disease, who must be destroyed in the interest - of mankind.” - -It is my submission to the Tribunal that this is no longer propaganda -for the persecution of the Jews; this is propaganda for the -extermination of Jews, for the murder not of one man but of millions. - -The next document in the document book, on Page 38, has already been put -in evidence and read to the Tribunal. It is Exhibit USA-260. It appears -in the document book and was read into the transcript at Page 1438 -(Volume III, Page 523). This is a short article appearing in December -1938, Number 50 of _Der Stürmer_. - -I would draw the Tribunal’s attention to the next document which is a -picture taken from that same copy. It shows the upper part of a girl’s -body being strangled by the arms of a man with his hands around her neck -and the shadow of the man’s face is shown against the background, quite -obviously with Jewish features. The caption under that picture is as -follows: - - “Castration for Race Polluters. Only heavy penalties will - preserve our womenfolk from a tighter grip from the loathsome - Jewish claws. The Jews are our misfortune.” - -I pause for the moment from _Der Stürmer_ to a particular incident that -occurred, in which the Defendant Streicher took a leading part. It will -be remembered that the organized demonstrations against the Jews took -place the 9th and 10th of November 1938. All this propaganda, as I say, -was becoming fiercer and more ferocious. In the autumn of that year the -Defendant Streicher organized the breaking up of the Nuremberg -synagogues on the occasion of a meeting of press representatives in -Nuremberg. That incident has in fact been referred to previously in this -case and the documents in connection with it are 1724-PS, which were put -in as Exhibit USA-266 and were referred to and read in the transcript at -Page 1443 (Volume III, Page 526). - -Gauleiter Julius Streicher was personally to set the crane in motion -with which the Jewish symbols were to be torn down from the synagogue. -From another document which also was put in, 2711-PS, which became -USA-267, and also was read in the transcript at Page 1443 (Volume III, -Page 526), I quote two lines: - - “. . . the Synagogue is demolished! Julius Streicher himself - inaugurates the work by a speech lasting an hour and a half. By - his order then—so to speak as a prelude of the demolition—the - tremendous Star of David came off the cupola.” - -The defendant, of course, took active part in the November -demonstrations of that year. I do not suggest that he was responsible -for the idea of them. The evidence against him is confined only to the -part that he took in his Gau in Franconia. - -On Page 43 of the document book, Document M-42 is an account of the -Nuremberg demonstrations as they were reported in the _Fränkische -Tageszeitung_, which of course was his paper, on the 11th of November. I -quote: - - “In Nuremberg and Fürth there were demonstrations by the crowd - against the Jewish murderers. These lasted until the early hours - of the morning. Long enough had one watched the doings of the - Jews in Germany.” - -And then I go to the last three lines of that paragraph: - - “After midnight the excitement of the populace reached its peak - and a large crowd marched to the synagogues in Nuremberg and - Fürth and burned these two Jewish buildings where the murder of - Germans had been preached. - - “The fire brigades, which had been notified immediately, saw to - it that the fire was confined to the original outbreak. The - windows of the Jewish shopkeepers, who still had not given up - hope of selling their rubbish to the stupid Gojim, were smashed. - Thanks to the disciplined behaviour of the SA-men and the - police, who rushed to the scene, there was no plundering.” - -That becomes Exhibit GB-174. - -The following document in the document book is the report of Streicher’s -speech on the 10th of November, the day of the demonstration. I will -quote from two paragraphs on that page—or rather, starting in the -middle of the first paragraph: - - “From the cradle the Jew is not taught, as we are, such texts as - ‘Thou shalt love thy neighbor as thyself’ or ‘Whosoever shall - smite thee on thy right cheek, turn to him the other also.’ No, - he is told ‘With the non-Jew you can do whatever you like.’ He - is even taught that the slaughtering of a non-Jew is an act - pleasing to God. For 20 years we have been writing about this in - _Der Stürmer_; for 20 years we have been preaching it throughout - the world, and we have made millions recognize the truth.” - -I go to the last paragraph: - - “The Jew slaughtered in one night 75,000 Persians; when he - emigrated from Egypt he killed all the first-born, that is, a - whole future generation of Egyptians. What would have happened - if the Jew had succeeded in driving the nations into war against - us, and if we had lost the war? The Jew, protected by foreign - bayonets, would have fallen on us and would have slaughtered and - murdered us. Never forget what history teaches.” - -My Lord, after the November demonstrations irregularities occurred in -the Gau of Franconia in connection with the organized Aryanization of -Jewish property. Aryanization of Jewish property was, of course, -regulated by the State; and under a decree it had been laid down that -the proceeds, or any proceeds that there might be, from taking over -Jewish properties and giving them to Aryans—all such proceeds were to -go to the State. What apparently happened in Franconia was that a good -deal of the proceeds never found their way as far as the State, and as a -result Göring set up a commission to investigate what had taken place. -We have the report of that commission, and I would refer the Tribunal to -certain short passages in it. On Page 45, we see from that report -exactly what had been taking place in this Defendant Streicher’s Gau. I -quote from the paragraph, opposite where it says “Page 13”. . . - -DR. MARX: As proof of the irregularities which occurred in connection -with the Aryanization in Nuremberg after the 9th of November, the -prosecutor intends to quote a report which the Deputy Gauleiter Holz -made when he was interrogated before the examining commission. I wish to -protest against making use of this report. Between Streicher and the -Deputy Gauleiter Holz there existed real tension if not enmity. The -Deputy Gauleiter Holz was the very person responsible for the measures -of Aryanization. It is not at all proved that Streicher had agreed to -these measures being undertaken. It is rather to be assumed that Holz, -in order to cover himself, made statements here which he himself could -not answer for if he were to appear here as witness today. Therefore, in -this report of Holz it is a question of statements made by a man who was -deeply involved in this matter, a man who participated in these deeds, -and a man who was an enemy of the Defendant Streicher. Holz incriminated -Streicher because Streicher did not protect him in front of the -commission and from the then Minister President Göring. Therefore I do -not think that this report should be used. - -THE PRESIDENT: Have you said what you wished to say? - -DR. MARX: Yes, Mr. President. - -THE PRESIDENT: The Tribunal considers that this document, being an -official document, is admissible under Article 21 and that the -objections which you have made to it are not objections which go to its -admissibility as evidence but go to its weight; and as to that, you will -have an opportunity to develop your objections at a later stage when you -come to speak. The Tribunal rules that the document is admissible. - -LT. COL. GRIFFITH-JONES: My Lord, I read from the center of that Page 45 -of the document book: - - “After the November demonstrations the Deputy Gauleiter Holz - took up the Jewish question. His reasons can be given here in - detail on the basis of his statement of 25th March 1939: - - “The 9th and 10th of November 1938. During the night of the 9th - to the 10th of November and on the 10th of November 1938, events - took place throughout Germany which I”—and I emphasize that - that is Holz speaking—“considered to be the signal for a - completely different treatment of the Jewish question in - Germany. Synagogues and Jewish schools were burnt down and - Jewish property was smashed both in shops and in private houses. - Besides this, a large number of prominent Jews were taken to - concentration camps by the police. Towards midday we discussed - these events in the Gauleiter’s house. All of us were of the - opinion that we now faced a completely new state of affairs on - the Jewish question. By the great action against the Jews - carried out in the night and morning of the 10th of November all - precedents and all laws on this subject had been made - meaningless. We were of the opinion (particularly I myself) that - we should now act on our own initiative in this respect. I - proposed to the Gauleiter that in view of the great existing - lack of housing the best thing would be to put the Jews into a - kind of internment camp. Then the houses would become free at - once; and the housing shortage would be relieved, at least in - part. Besides that, we should have the Jews under control and - supervision! I added ‘The same thing happened to our prisoners - of war and war internees.’ - - “The Gauleiter said that this suggestion was for the time being - unfeasible. Thereupon I made a new proposal to him. I said to - him that I considered it unthinkable that, after the Jews had - had their property smashed, they should still be able to own - houses and land. I proposed that these houses and this land - ought to be taken away from them, and declared myself ready to - carry through such an action. I declared that by the - Aryanization of Jewish land and houses a large sum could accrue - to the Gau out of the proceeds. I named some millions of marks. - I stated that, in my opinion, this Aryanization could be carried - out as legally as the Aryanization of shops. The Gauleiter’s - answer was something to this effect: ‘If you think you can carry - this out, do so. The sum gained will then be used to build a Gau - school.’” - -I go down now to where it says “Page 18”: - - “The Aryanization was accomplished by the alienation of - properties, the surrender of claims, especially mortgage claims, - and reductions in buying price. - - “The payment allowed the Jews was basically 10 percent of the - nominal value or nominal sum of the claim. As a justification - for these low prices, Holz claimed, at the Berlin meeting of the - 6th of February 1939, that the Jews had mostly bought their - property during the inflation period for less than a tenth of - its value. As has been shown by investigating a large number of - individual cases selected at random, this claim is not true.” - -My Lord, I would turn to Page 48 of the document book, which appears in -the second part of this report, and that part of the report is really -the part containing the findings of the commission. I quote from the top -of the page, Page 48 of the document book . . . - -THE PRESIDENT: Is this still part of the report? - -LT. COL. GRIFFITH-JONES: This is still part of the report. It is, in -fact, as I say, the findings of the commission. - - “Gauleiter Streicher likes to beat people with a riding whip but - only if he is in the company of several persons assisting him. - In most cases the beatings are carried out with sadistic - brutality. - - “The best known case is that of Steinruck, whom he beat in the - prison cell until the blood came, together with Deputy Gauleiter - Holz and SA Oberführer König. After returning from this scene to - the Deutscher Hof he said, ‘Now I am relieved. I needed that - again!’ Later he also stated several times that he needed - another Steinruck case in order to ‘relieve’ himself. - - “In August 1938 he beat the editor Burker at the Gauhaus - together with District Office Leader Schöller and his adjutant, - König.” - -To show the authority and power that he held in his Gau, I refer to the -last paragraph on that page: - - “According to reports of reliable witnesses, Gauleiter Streicher - is in the habit of pointing out on the most varied occasions - that he alone gives orders in the district of Franconia. For - instance, at a meeting in the Colosseum in Nuremberg in 1935 he - said that nobody could remove him from office. In a meeting at - Herkules Hall, where he described how he had beaten Professor - Steinruck, he emphasized that he would not let himself be beaten - by anybody, not even by an Adolf Hitler. . . . - - “For, this also must be stated here, in Franconia the Gau acts - first and then orders the absolutely powerless authorities to - approve.” - -My Lord, both of those volumes of that report, Document 1757-PS, will -become Exhibit GB-175. - -THE PRESIDENT: The Tribunal isn’t altogether satisfied that that has any -bearing on the case against Streicher. - -LT. COL. GRIFFITH-JONES: My Lord, it is the object of that document to -show the kind of treatment and persecution which the Jews were receiving -in the district or Gau over which this defendant ruled and, secondly, to -show the absolute authority with which this defendant acted in his -district. That is the purpose of that document. - -As a result either of that investigation or of some other matter the -defendant was relieved of his position as Gauleiter in February 1940, -but he did not cease from his propaganda or from the control of his -newspaper. I would only quote one further short extract from _Der -Stürmer_. An article written by him on the 4th of November 1943, which -appears in the document book on Page 53, is Document 1965-PS and becomes -Exhibit GB-176; and it is an extract of importance: - - “It is actually true that the Jews have so to speak disappeared - from Europe and that the Jewish ‘Reservoir of the East,’ from - which the Jewish pestilence has for centuries beset the peoples - of Europe, has ceased to exist. But the Führer of the German - people at the beginning of the war prophesied what has now come - to pass.” - -My Lord, that article was signed by Streicher, and it is my submission -that it shows that he had knowledge of what was going on in the East, of -which this Court has had such evidence. That was written November 1943. -In April ’43, the Tribunal will remember, the Warsaw ghetto was -destroyed. Between April 1942 and April 1944, 1,700,000-odd Jews were -killed in Auschwitz and Dachau—I quote now from the transcript—and -throughout the whole of that period millions of Jews were to die. It is -my submission that that article appearing on the 4th of November and -signed by him shows that he knew what was happening, perhaps not the -details, but that he knew that the Jews were being exterminated. - -I leave _Der Stürmer_ and I would draw the attention of the Tribunal -quite shortly to a matter which is perhaps as evil as any other aspect -of this man’s activity, and that is the particular attention that he -paid to the instruction—if you can call it that—or the perversion of -the children and the youth of Germany. He was not content with inciting -the German population. He seized the children as early as he could at -their schools, and he started to poison their minds at the earliest -possible date. Already in some of the extracts to which I have referred, -the Tribunal will remember that there are mentions of children and the -need for teaching them anti-Semitism. I refer now to Page 54 of the -document book, and I would quote four or five lines from the last -paragraph, starting in the middle of the last paragraph. It is a report -of a speech by Streicher as early as June 1925, when he says: - - “I repeat, we demand the transformation of the school into an - ethno-German institution of education. If German children are - taught by German teachers, then we shall have laid the - foundations for the ethno-German school. This ethno-German - school must teach racial doctrine.” - -I now go to the last line of the first paragraph on the following page: - - “We demand, therefore, the introduction of racial doctrine into - the school.” - -That is in a copy of _Der Stürmer_ which has already been put in. It is -Exhibit GB-165 (Document M-30). - -The following Document, M-43, is an extract from the _Fränkische -Tageszeitung_ of the 19th of March 1934, when he addressed the pupils at -a girls’ school at Preisslerstrasse after their finishing their -vocational course. He was continually holding children’s meetings and -attending children’s schools. I quote the third paragraph: - - “Then Julius Streicher spoke about his life and told them about - a girl who had at one time been a pupil of his and who had - fallen a victim to a Jew and was finished for the rest of her - life.” - -I need not read the rest. It is all in the same tone. That becomes -Exhibit GB-177. - -Every summer they celebrated in Nuremberg what they called their -solstice celebration, some pagan rite where the youth of Nuremberg -rallied—organized or at least encouraged by the Defendant Streicher. - -On Page 58 of the document book is a report taken from his paper, -_Fränkische Tageszeitung_, of his speech to the Hitler Youth on what -they called the “Holy Mountain” near Nuremberg, on the 22d of June 1935. - - “Boys and girls, look back a little more than 10 years ago. A - great war—the World War—had raged over the peoples of the - earth and had left in the end a heap of ruins. Only one people - remained victorious in that dreadful war, a people of whom - Christ said that its father is the Devil. That people had ruined - the German Nation in body and soul. At that time Adolf Hitler, - an unknown man, arose from among the people and became a voice - which proclaimed a holy war and struggle. He cried to the people - to take courage again and to rise and join in liberating the - German people from the Devil, so that mankind might again be - free from that race which has roamed the globe for centuries and - millennia, marked with the brand of Cain. - - “Boys and girls, even if it is said that the Jews were once the - chosen people do not believe it, but believe us when we say that - the Jews are not a chosen people. Because it cannot be that a - chosen people should act among the peoples as the Jews do - today.” - -And so on, with similar kind of propaganda. That Document, M-1, will be -Exhibit GB-178. - -The next Document, M-44, from which I will not read now, becomes Exhibit -GB-179. The Tribunal will see that it was a report of Streicher’s -address to 2,000 children at Nuremberg at Christmastime 1936. Underlined -it says: - - “‘_Do you know who the Devil is?_’ he asked his breathlessly - listening audience. ‘The Jew, the Jew,’ resounded from a - thousand children’s voices.” - -But he wasn’t content only with writing and talking. He actually issued -a book for teachers, a book which he published from his _Der Stürmer_ -offices, called _The Jewish Question and School Instruction_. - -I have not had the whole of that book translated. It is addressed to -school teachers. It is intended for their benefit, and it emphasizes the -necessity of anti-Semitic teaching in schools, and it suggests ways in -which the subject can be introduced and handled. - -On Page 60 of the document book, M-46, the Tribunal will see a few -extracts which have been taken from that book. The preface part of it is -as follows: - - “The National Socialist State has brought fundamental changes - into all spheres of life of the German people. - - “It has also presented the German teacher with new duties. The - National Socialist State demands that its teachers instruct - German children on racial questions. As far as the German people - is concerned the racial question is a Jewish question. Those who - want to teach the child about the Jew must themselves have a - thorough knowledge of the subject.” - -I will quote from the paragraph opposite “Page 5” in the margin. The -whole of the rest of the extracts are really suggestions for teachers as -to how to introduce the Jewish subject into their teaching, and at Page -5 of the introduction: - - “Racial and Jewish questions are the fundamental problems of the - National Socialist ideology. The solution of these problems will - secure the existence of National Socialism and with this the - existence of our nation for all time. The enormous significance - of the racial question is recognized almost without exception - today by all the German people. In order to come to this - realization, our people had to travel through a long road of - suffering.” - -DR. MARX: I should like to point out the following: The prosecutor -omitted in his presentation to state that the book he referred to was -not written by the Defendant Streicher but by the school inspector Fink. -If the prosecutor had read the next sentence, the Tribunal would have -known about this fact. My client has called my attention to this point. -I noticed it myself also because the next sentence reads as follows: - - “Schulrat Fritz Fink desires to help German teachers on the road - to information and knowledge with his book: _The Jewish Question - in the Schools_.” - -There can thus be no doubt that this School Inspector Fink is the author -of the book. It is, after all, an essential thing to know that Fink and -not Streicher was the author of this book. - -THE PRESIDENT: Have you finished what you wish to say? - -DR. MARX: Yes; that is what I wanted to say. - -THE PRESIDENT: I would point out to you that although the book does -appear to have been written by Fritz Fink, which is stated in the -paragraph at the top, it has a preface by Streicher, so we may presume -that Streicher authorized it; and it was published and printed by _Der -Stürmer_. - -DR. MARX: That is correct. I just wanted to point out to the Tribunal -that it did not appear to be understood, that just that particular -sentence was not read. One might have thought that an original work of -Streicher’s was concerned, in which case the question of whether -Streicher agreed with that work would appear of minor importance. - -THE PRESIDENT: But you see, Dr. Marx, counsel was reading actually from -the preface by Streicher. The last passage that he read, or almost the -last, was the preface by Streicher. The last passage I have got marked -is the passage on Page 60, which is headed “Preface” and is signed by -Julius Streicher, which says in terms that the book was written by -School Inspector Fritz Fink. - -Let us not take any further time about it. - -LT. COL. GRIFFITH-JONES: I think I have reached. . . - -THE PRESIDENT: Will you read the last words of that preface on Page 60 -there: “Those who take to heart . . .”? - -LT. COL. GRIFFITH-JONES: If Your Lordship pleases, I read towards the -end of the paragraph—the first paragraph of the preface: - - “Those who take to heart all that has been written with such - feeling by Fritz Fink, who for many years has been greatly - concerned about the German people, will be grateful to the - creator of this outwardly insignificant publication.”—Then it - is signed—“Julius Streicher, City of the Reich Party rallies, - Nuremberg, in the year 1937.” - -I omitted that last part only in the interest of time. - -THE PRESIDENT: Yes. - -LT. COL. GRIFFITH-JONES: That book is Exhibit GB-180. I would just read -the last two lines, which I was not able to read before Dr. Marx -interposed. The last three lines of the paragraph under “Introduction”: - - “No one should be allowed to grow up in the midst of our people - without this knowledge of the frightfulness and dangerousness of - the Jew.” - -I will not occupy the time of the Tribunal by reading further from that -book. The nature of the book I hope is clear. I would only refer to the -last three lines on the next page in the document book, taking another -extract from it: - - “One who has reached this stage of understanding will inevitably - remain an enemy of the Jews all his life and will instill this - hatred into his own children.” - -_Der Stürmer_ also published some children’s books, although I make it -quite clear that I am not alleging that the defendant himself wrote the -books. But they were published from his publishing business; and they -are, of course, on the same line as everything else that was published -and issued from that business. - -The first of them to which I would call attention was entitled in -English—or the English translation is—as follows: Don’t Trust the Fox -in the Green Meadow Nor the Jew on His Oath. It is a picture book for -children. There are pictures, all of them offensive pictures depicting -Jews, of which a variety of selections appears in the Tribunal’s book. -And opposite each picture there is a little story. - -On Page 62 of the document book the Tribunal will see the kind of thing -which appears opposite each picture. Opposite the picture in the -Tribunal’s document book appears the following: - - “Jesus Christ says, ‘The Jew is a murderer through and through.’ - And when Christ had to die the Lord didn’t know of any other - people that would torture him to death, so he chose the Jews. - That is why the Jews pride themselves on being the chosen - people.” - -The writing opposite the first picture, which depicts a very unpleasant -looking Jewish butcher cutting up meat, is as follows: - - “The Jewish butcher: He sells half-refuse instead of meat. A - piece of meat lies on the floor, the cat claws another. This - doesn’t worry the Jewish butcher since the meat increases in - weight. Besides, one mustn’t forget, he won’t have to eat it - himself.” - -Again in the interest of time, it is not worth quoting the contents of -that book any further. The Tribunal can see the type of book it is, the -type of teaching it was instilling into the minds of the children. The -pictures speak for themselves. - -The second picture is a rather beastly picture of a girl being led away -by a Jew. On the next page we see the defendant smiling benignly at a -children’s party, greeting the little children. The next picture depicts -copies of _Der Stürmer_ posted on a wall with children looking at them. - -The next picture perhaps requires a little explanation. It is a picture -of Jewish children being taken away from an Aryan school, led away by an -unpleasant looking father; and all the Aryan children shouting and -dancing and enjoying the fun very much. - -That book, Document M-32, becomes Exhibit GB-181. - -THE PRESIDENT: You won’t be able, will you, to finish in a short time? -Perhaps we’d better adjourn now. - -LT. COL. GRIFFITH-JONES: I have about another 20 minutes. - -THE PRESIDENT: Oh, yes; we will adjourn now. - - [_A recess was taken._] - -LT. COL. GRIFFITH-JONES: My Lord, I had finished describing that one -children’s book. There is a similar book called _The Poisonous Fungus_, -which has, in fact, been put in evidence already as Exhibit USA-257, but -it was not read to the Tribunal; and I would like to read one of the -short stories from that book because it shows, perhaps more strikingly, -I think, than any other extract to which we have referred, the revolting -way in which this man poisoned the minds of his listeners and readers. - -It is a book of pictures again with short stories, and Page 69 of the -document book shows one of the pictures, a girl sitting in a Jewish -doctor’s waiting room. - -My Lord, it is not a very pleasant story, but he is not a very pleasant -man; and it is only by reading these things that it becomes possible to -believe the kind of education that the German children have been -receiving during these years, led by this man. - -I quote from the story: - - “Inge”—that is the girl—“Inge sits in the reception room of - the Jew doctor. She has to wait a long time. She looks through - the journals which are on the table. But she is much too nervous - to read even a few sentences. Again and again she remembers the - talk with her mother. And again and again her mind reflects on - the warnings of her leader of the League of German Girls. A - German must not consult a Jew doctor. And particularly not a - German girl. Many a girl that went to a Jew doctor to be cured - met with disease and disgrace. - - “When Inge had entered the waiting room, she experienced an - extraordinary incident. From the doctor’s consulting room she - could hear the sound of crying. She heard the voice of a young - girl, ‘Doctor, doctor, leave me alone.’ - - “Then she heard the scornful laughter of a man. And then, all of - a sudden it became absolutely silent. Inge had listened - breathlessly. - - “‘What can be the meaning of all this?’ she asked herself, and - her heart was pounding. And again she thought of the warning of - her leader in the League of German Girls. - - “Inge had already been waiting for an hour. Again she takes the - journals in an endeavor to read. Then the door opens. Inge looks - up. The Jew appears. She screams. In terror she drops the paper. - Horrified she jumps up. Her eyes stare into the face of the - Jewish doctor. And this face is the face of the Devil. In the - middle of this devil’s face is a huge crooked nose. Behind the - spectacles gleam two criminal eyes. Around the thick lips plays - a grin, a grin that means, ‘Now I have you at last, you little - German girl!’ - - “And then the Jew approaches her. His fat fingers snatch at her. - But now Inge has got hold of herself. Before the Jew can grab - hold of her, she smacks the fat face of the Jew doctor with her - hand. One jump to the door. Breathlessly Inge runs down the - stairs. Breathlessly she escapes from the Jew house.” - -Comment is almost unnecessary on a story like that, read by children of -the age of those who are going to read the books you have seen. - -Another picture which I have included in the book is a picture, of -course of the defendant, and the script opposite that picture, which -appears on Page 70 of the document book, includes the words—and I quote -from the last but one paragraph: “Without a solution of the Jewish -question there will be no salvation for mankind.” - -The page itself contains an account of how some boys attended one of his -speeches: - - “That is what he shouted to us. We all understood him. And when, - at the end, he shouted, ‘Sieg-Heil for the Führer,’ we all - acclaimed him with tremendous enthusiasm. Streicher spoke for - two hours that time. To us it seemed to have been but a few - minutes.” - -One can begin to see the effect that all this was having from the -columns of _Der Stürmer_ itself. In April 1936 there appears only one -letter—many others appear in other copies from children of all ages—I -quote the third paragraph of this letter, the letter signed by the boys -and girls of the National Socialist Youth Hostel at Gross-Möllem: - - “Today we saw a play on how the Devil persuades the Jew to shoot - a conscientious National Socialist. In the course of the play - the Jew did it, too. We all heard the shot. We would have all - liked to jump up and arrest the Jew. But then the policeman came - and after a short struggle took the Jew along. You can imagine, - dear _Stürmer_, that we heartily cheered the policeman. In the - whole play not one name was mentioned, but we all knew that this - play represented the murder by the Jew Frankfurter. We were very - sad when we went to bed that night. None felt like talking to - the others. This play made it clear to us how the Jew sets to - work.” - -My Lord, that book is already in evidence as I have stated. It is -Exhibit GB-170 (Document M-25). - -To conclude, I would draw the attention of the Tribunal again only to -his authority as a Gauleiter. It appears in the _Organization Book of -the NSDAP_ for 1938—which is already in as Exhibit USA-430—in the -description of the duties and authority of Gauleiter: The Gauleiter -bears over-all responsibility to the Führer for the sector of -sovereignty entrusted to him. The rights, duties, and jurisdiction of -the Gauleiter result primarily from the mission assigned by the Führer -and, apart from that, from detailed direction. - -His association with the Führer and with the other defendants—or some -of the other defendants—can be seen from the newspapers. On the -occasion of his 50th birthday Hitler paid a visit to Nuremberg to -congratulate him. That was on the 13th of February 1935. The account of -that meeting is published in the _Völkischer Beobachter_ of that date, -and I quote as follows: - - “Adolf Hitler spoke to his old comrade in arms and the latter’s - followers in words which went straight to their hearts. By way - of introduction he remarked that it was a special pleasure for - him to spend, on this day of honor to Julius Streicher, a short - while in Nuremberg, the town of battle-steeled National - Socialist solidarity, within the circle of the veteran - standard-bearers of the National Socialist idea. - - “Just as they all, during the years of misery, had unshakeably - believed in the victory of the Movement, so his friend and - comrade in arms, Streicher, had stood faithfully at his side at - all times. It had been this unshakeable belief that had moved - mountains. - - “For Streicher it would surely be an inspiring thought that this - 50th anniversary meant to him not only the turn of a half - century, but also of a thousand years of German history. He had - in Streicher a comrade of whom he could say that here in - Nuremberg was a man who would never waver for a single second - and who would unflinchingly stand behind him in every - situation.” - -That is Document M-8 and becomes Exhibit GB-182. - -The next document (M-22) is a letter from Himmler published in _Der -Stürmer_ of April 1937. That edition is already Exhibit USA-258. - - “When in future years the history of the reawakening of the - German people is written and the next generation is already - unable to understand that the German people were once friendly - to the Jews, it will be recognized that Julius Streicher and his - weekly paper _Der Stürmer_ contributed a great deal toward the - enlightenment regarding the enemy of mankind.”—Signed—“The - Reichsführer SS, H. Himmler.” - -That is Exhibit USA-258. A number of these documents are already in -evidence in the bound volumes. - -Lastly, we have a letter from Baldur von Schirach, the Reich Youth -Leader, published in _Der Stürmer_ of March 1938 (Document M-45, Exhibit -USA-260): - - “It is the historical merit of _Der Stürmer_ to have enlightened - the broad masses of our people in a popular way as to the Jewish - world danger. _Der Stürmer_ is right in not carrying out its - task in a purely aesthetic manner, for Jewry has shown no regard - for the German people. We have, therefore, no reason for being - considerate toward our worst enemy. What we fail to do today, - the youth of tomorrow will have to suffer for bitterly.” - -My Lord, it may be that this defendant is less directly involved in the -physical commission of the crimes against Jews, of which this Tribunal -have heard, than some of his co-conspirators. The submission of the -Prosecution is that his crime is no less the worse for that reason. No -government in the world, before the Nazis came to power, could have -embarked upon and put into effect a policy of mass extermination in the -way in which they did, without having a people who would back them and -support them and without having a large number of people, men and women, -who were prepared to put their hands to their bloody murder. And not -even, perhaps, the German people of previous generations would have lent -themselves to the crimes about which this Tribunal has heard, the -killing of millions and millions of men and women. - -It was to the task of educating the people, of producing murderers, -educating and poisoning them with hate, that Streicher set himself; and -for 25 years he has continued unrelentingly the education—if you can -call it so—or the perversion of the people and of the youth of Germany. -And he has gone on and on as he saw the results of his work bearing -fruit. - -In the early days he was preaching persecution. As persecutions took -place he preached extermination and annihilation; and, as we have seen -in the ghettos of the East, as millions of Jews were being exterminated -and annihilated, he cried out for more and more. - -That is the crime that he has committed. It is the submission of the -Prosecution that he made these things possible—made these crimes -possible—which could never have happened had it not been for him and -for those like him. He led the propaganda and the education of the -German people in those ways. Without him the Kaltenbrunners, the -Himmlers, the General Stroops would have had nobody to carry out their -orders. And, as we have seen, he has concentrated upon the youth and the -childhood of Germany. In its extent his crime is probably greater and -more far-reaching than that of any of the other defendants. The misery -that they caused finished with their incarceration. The effects of this -man’s crime, of the poison that he has injected into the minds of -millions and millions of young boys and girls and young men and women -lives on. He leaves behind him a legacy of almost a whole people -poisoned with hate, sadism, and murder, and perverted by him. That -German people remains a problem and perhaps a menace to the rest of -civilization for generations to come. - -My Lord, I submit that the Prosecution’s case against this man as set -out in the Indictment is proved. - -My Lord, Lieutenant Brady Bryson, of the United States Delegation, will -present to the Court the case against Schacht. - -LIEUTENANT BRADY O. BRYSON (Assistant Trial Counsel for the United -States): May it please the Tribunal, a document book has been prepared -and filed and the appropriate number of copies has been delivered to the -defendants. - -We ask the Tribunal’s permission to file within the next few days a -trial brief which now is in the process of preparation. - -Our proof against the Defendant Schacht is confined to planning and -preparation of aggressive war. - -THE PRESIDENT: What was it you said about the trial brief? - -LT. BRYSON: We ask permission to file a trial brief within the next few -days, as our brief is not yet ready. - -THE PRESIDENT: I see. - -LT. BRYSON: Our proof against the Defendant Schacht is limited to -planning and preparation for aggressive war and to membership in a -conspiracy for aggressive war. - -The extent of Schacht’s criminal responsibility as a matter of law, -under the Charter of the Tribunal, will be developed in our brief. Only -a few of our 50-odd documents have been previously submitted in -evidence. We have taken special pains to avoid repetition and cumulative -proof; but for the sake of continuity we would like, in several -instances, simply to draw the Tribunal’s attention to evidence -previously received, with an appropriate reference to the transcript of -the Record. - -Before commencing our proof, we wish to state our understanding that the -Defendant Schacht’s control over the German economy was on the wane -after November 1937, and that by the time of the aggression on Poland -his official status had been reduced to that of Minister without -Portfolio and personal adviser to Hitler. We know too that he is -sometimes credited with opposition to certain of the more radical -elements of the Nazi Party; and I further understand that at the time of -capture by United States forces he was under German detention in a -prison camp, having been arrested by the Gestapo in July 1944. - -Be this as it may, our proof will show that at least up until the end of -1937 Schacht was the dominant figure in the rearming of Germany and in -the economic planning and preparation for war, that without his work the -Nazis would not have been able to wring from their depressed economy the -tremendous material requirements of armed aggression, and that Schacht -contributed his efforts with full knowledge of the aggressive purposes -which he was serving. - -The details of this proof will be presented in four parts: - -First, we will very briefly show that Schacht accepted the Nazi -philosophy prior to 1933 and supported Hitler’s rise to power. - -Second, proof of the contribution of Schacht to German rearmament and -preparation for war will be submitted. This evidence will also be brief, -since the facts in this respect are well-known and have already been -touched upon by Mr. Dodd in his presentation of the case on economic -preparation for war. - -Third, we will show that Schacht assisted the Nazi conspiracy purposely -and willingly with knowledge of, and sympathy for, its illegal ends. - -And last, we will prove that Schacht’s loss of power in the German -Government did not in any sense imply disagreement with the policy of -aggressive war. - -We turn now to our proof that Schacht helped Hitler to power. - -Schacht met Göring for the first time in December 1930, and Hitler early -in January 1931 at Göring’s house. His impression of Hitler was -favorable. I offer in evidence Exhibit USA-615 (Document 3725-PS), -consisting of an excerpt from a pre-trial interrogation of Schacht under -date of 20 July 1945, and quote two questions and answers related to -this meeting, near the middle of the first page of the interrogation. - -THE PRESIDENT: Are you going to give us the Exhibit number? You haven’t -given us the other number? - -LT. BRYSON: This is an interrogation, Sir, and it will not have two. - -THE PRESIDENT: Have you got a number for it? - -LT. BRYSON: You will find it in your document book in the back, labeled -“Schacht Interrogation of 20 July 1945.” I quote from the middle of the -first page: - - “Q: ‘What did he’”—that is, Hitler—“‘say?’ - - “A: ‘Oh, ideas he expressed before, but it was full of will and - spirit.’” - -And near the bottom of the page: - - “Q: ‘What was your impression at the end of that evening?’ - - “A: ‘I thought that Hitler was a man with whom one could - co-operate.’” - -After this meeting Schacht allied himself with Hitler; and at a crucial -political moment in November 1932, he lent the prestige of his name, -which was widely known in banking, financial, and business circles -throughout the world, to Hitler’s cause. I offer in evidence Exhibit -USA-616 (Document 3729-PS) consisting of excerpts from a pre-trial -interrogation of Schacht on 17 October 1945. I wish to quote, beginning -at the top of Page 36 of this interrogation. This is the interrogation -of 17 October 1945, at Page 36. I may say that when I refer to the page -numbers, I speak of the page of the document book: - - “Q: ‘Yes, and at that time’”—referring to January 1931—“‘you - became a supporter, I take it, of. . .’ - - “A: ‘In the course. . .’ - - “Q: ‘Of Hitler’s coming to power?’ - - “A: ‘Especially in the course of the years 1931 and 1932.’” - -And I quote further from the lower half of Page 37 of the same -interrogation: - - “Q: ‘But what I mean—to make it very brief—did you lend the - prestige of your name to help Hitler come to power?’ - - “A: ‘I have publicly stated that I expected Hitler to come to - power; for the first time, if I remember, in November ’32.’ - - “Q: ‘And you know, or perhaps you don’t, that Goebbels in his - diary records with great affection. . .’ - - “A: ‘Yes.’ - - “Q: ‘. . . the help that you gave him at the time?’ - - “A: ‘Yes, I know that.’ - - “Q: ‘November 1932?’ - - “A: ‘From the Kaiserhof to the Chancellery and back.’ - - “Q: ‘That’s right. You have read that?’ - - “A: ‘Yes.’ - - “Q: ‘And you don’t deny that Goebbels was right?’ - - “A: ‘I think his impression was that that was correct at that - time.’” - -I now refer the Tribunal to this statement of Goebbels, set forth in -2409(a)-PS. The entire diary of Goebbels is in evidence as Exhibit -Number USA-262. The entry I wish to read, which appears in 2409(a)-PS, -was made on 21 November 1932: - - “In a conversation with Dr. Schacht I assured myself that he - absolutely shares our point of view. He is one of the few who - stand immovable behind the Führer.” - -It is believed that Schacht joined the Party only in the sense that he -allied himself with the cause. Dr. Franz Reuter, whose biography of -Schacht was officially published in Germany in 1937, has stated that -Schacht refrained from formal membership in order to be of greater -assistance to the Party. I offer in evidence Document Number EC-460, -Exhibit Number USA-617, consisting of an excerpt from Reuter’s -biography, and I quote the last sentence of the excerpt: - - “By not doing so, he was able eventually to help more toward the - final victory than if he had become an enrolled Party member.” - -It was Schacht who organized the financial means for the decisive March -1933 election, at a meeting of Hitler with a group of German -industrialists in Berlin. Schacht acted as the sponsor or host of this -meeting, and a campaign fund of several million marks was collected. -Without reading therefrom, I offer in evidence Document Number EC-439, -Exhibit Number USA-618, an affidavit of Von Schnitzler under date of 10 -November 1945, and refer the Tribunal to the transcript for 23 November, -Pages 282-283 (Volume II, Pages 223, 224), where the text of the -affidavit already appears in the Record. - -Further evidence on this point is also contained in the excerpt from the -interrogation of Schacht on 20 July 1945, from which I read a part a -moment ago. Schacht lent his support to Hitler not only because he was -an opportunist, but also because he shared Hitler’s ideological -principles. Apart from the entry in Goebbels’ diary, this may be seen -from Schacht’s own letter to Hitler, under date of 29 August 1932, -pledging continued support to Hitler after the latter’s poor showing in -the July 1932 elections. I offer this letter in evidence as Document -Number EC-457, Exhibit Number USA-619, and quote from the middle of the -first paragraph and further from the next to the last paragraph: - - “But what you could perhaps do with in these days is a kind - word. Your movement is carried internally by so strong a truth - and necessity that victory in one form or another cannot elude - you for long.” - -And further down—and keep in mind that neither Hitler nor Schacht was -then in the German Government—Schacht says: - - “Wherever my work may take me in the near future, even if you - should see me one day behind stone walls, you can always count - on me as your reliable assistant.” - -THE PRESIDENT: What do those words mean at the top: “The President of -the Reichsbank in Retirement”? Are they on the letter? - -LT. BRYSON: Yes, they are, Sir. Dr. Schacht had previously been a -president of the Reichsbank. At this time he was in retirement. You will -remember, this is prior to Hitler’s accession to power. - -THE PRESIDENT: Yes, of course. - -LT. BRYSON: And then Hitler reinstated Dr. Schacht as President of the -Reichsbank after the Nazis had taken over. - -THE PRESIDENT: And he put that at the top of his letter, did he? - -LT. BRYSON: That I cannot say. - -I will also point out that Schacht signed this letter, “With a vigorous -Heil.” - -We turn now to the second part of our proof, relating to Schacht’s -contribution to preparation for war. - -The detailed chronology of Schacht’s official career in the Nazi -Government, as set forth in Document 3021-PS, has already been submitted -in evidence as Exhibit Number USA-11. However, it may be helpful at the -outset to remind the Tribunal that Schacht was recalled to the -Presidency of the Reichsbank by Hitler on 17 March 1933, which office he -continuously held until 20 January 1939; that he was Acting Minister and -then Minister of Economics from August 1934 until November 1937; and -that he was appointed Plenipotentiary General for War Economy in May -1935. He resigned as Minister of Economics and Plenipotentiary General -for War Economy in November 1937, when he accepted appointment as -Minister without Portfolio, which post he held until January 1943. His -position as virtual economic dictator of Germany in the 4 crucial years -from early 1933 to the end of 1936 is practically a matter of common -knowledge. - -Schacht was the guiding genius behind the Nazi expansion of the German -credit system for rearmament purposes. From the outset he recognized -that the plan for the German military supremacy required huge quantities -of public credit. To that end a series of measures was adopted which -subverted all credit institutions in Germany to the over-all aim of -supplying funds for the military machine. I will briefly mention some of -these measures. - -By Cabinet decree of 27 October 1933 the statutory reserve of 40 percent -in gold and foreign exchange required against circulating Reichsbank -notes was permanently abandoned. By the Credit Act of 1934 the -Government assumed jurisdiction of all credit institutions, and control -over the entire banking system was centralized in Schacht as Chairman of -the Supervisory Board for the Credit System and President of the -Reichsbank. This act not only enabled Schacht to control the quantity of -credit but also its use. On 29 March 1934 a system of forced corporate -lending to the Reich was imposed on German business. And on 19 February -1935 the Treasury was authorized to borrow funds in any amounts approved -by the Reich Chancellor, that is, by Hitler. - -On these points I ask the Tribunal to take judicial notice of the -_Reichsgesetzblatt_ 1933, Part II, Page 827; _Reichsgesetzblatt_ 1934, -Part I, Page 1203; _Reichsgesetzblatt_ 1934, Part I, Page 295; and -_Reichsgesetzblatt_ 1935, Part I, Page 198. - -THE PRESIDENT: Are they found here in the document book? - -LT. BRYSON: They’re not in the document book, Sir. - -I asked only that judicial notice be taken of them as published laws of -Germany. - -These measures enabled Schacht to embark upon what he himself has termed -a “daring credit policy,” including the secret financing of a vast -amount of armaments through the so-called ‘mefo’ bill, a description of -which appears in the transcript for 23 November at Page 295 (Volume II, -Page 232). I offer in evidence Document Number EC-436, Exhibit Number -USA-620, consisting of a statement, dated 2 November 1945, by Emil Puhl, -a director of the Reichsbank during Schacht’s presidency, and quote the -second paragraph thereof as follows: - - “In the early part of 1935 the need for financing an accelerated - rearmament program arose. Dr. Schacht, President of the - Reichsbank, after considering various techniques of financing, - proposed the use of mefo bills to provide a substantial portion - of the funds needed for the rearmament program. This method had - as one of its primary advantages the fact that secrecy would be - possible during the first years of the rearmament program; and - figures indicating the extent of rearmament, that would have - become public through the use of other methods, could be kept - secret through the use of mefo bills.” - -The extent of the credit expansion and the importance of mefo financing -may be seen from Document Number EC-419, which I now offer as Exhibit -Number USA-621 and which consists of a letter from Finance Minister Von -Krosigk to Hitler, under date of 1 September 1938. I quote the following -figures from the middle of the first page: - - “The Reich debt accumulated as follows: - - “As of 31 December 1932: Funded debt, 10,400 millions of - Reichsmark; short-term debt, 2,100 millions of Reichsmark; debt - not published in the budget (trade and mefo bills of exchange), - 0. - - “As of 30 June 1938: Funded debt, 19,000 million Reichsmark; - short-term debt, 3,500 million Reichsmark; and debt not - published in the budget (trade and mefo bills of exchange), - 13,300 million Reichsmark. - - “Total: as of 31 December 1932, 12,500 million Reichsmark; as of - 30 June 1938, 35,800 million Reichsmark.” - -The Reich debt thus tripled. . . - -THE PRESIDENT: Would you read the next section, beginning with the words -“Provisions were made to cover. . .”? - -LT. BRYSON: “Provisions were made to cover the armament expenditures for -the year 1938 (the same amount as in 1937) as follows: - - “Five thousand millions from the budget, that is, taxes; 4,000 - millions from loans; 2,000 millions from 6-month treasury notes, - which means postponement of payment until 1939; total: 11,000 - millions.” - -The Reich debt thus tripled under Schacht’s management. More than -one-third of the total was financed secretly and through the -instrumentality of the Reichsbank by mefo and trade bills. It is clear -that this amount of financing outside the normal public issues -represented armament debt. I read further from Document EC-436, at the -beginning of the last long paragraph: - - “These mefo bills were used exclusively for financing - rearmament; and when in March 1938 a new finance program - discontinuing the use of mefo bills was announced by Dr. - Schacht, there was a total volume outstanding of 12,000 million - marks of mefo bills which had been issued to finance - rearmament.” - -The character of Schacht’s credit policy and the fact that it was -ruthlessly dedicated to the creation of armaments plainly appear from -his own speech delivered on 29 November 1938. - -I offer it in evidence as Document Number EC-611, Exhibit Number -USA-622; and I quote from Page 6 at the beginning of the last paragraph: - - “It is possible that no bank of issue in peacetime carried on - such a daring credit policy as the Reichsbank since the seizure - of power by National Socialism. With the aid of this credit - policy, however, Germany created an armament second to none; and - this armament in turn made possible the results of our policy.” - -Beyond the field of finance Schacht assumed totalitarian control over -the German economy generally in order to marshal it behind the -rearmament program. - -He acquired great power over industry as a result of the Nazi -reorganization of German industry along military lines and in accordance -with the so-called Leadership Principle. On this point I refer the -Tribunal to the transcript for 23 November at Pages 287-290 (Volume II, -Pages 227-228); and to the _Reichsgesetzblatt_ 1934, Part I, Page 1194, -of which the Tribunal is asked to take judicial notice. - -Schacht also exercised broad powers as a member of the Reich Defense -Council, which was secretly established on 4 April 1933 and the function -of which was preparation for war. The Tribunal is referred to the -transcript for 23 November, Page 290 (Volume II, Pages 228-229). I also -offer in evidence as Document Number EC-128, Exhibit Number USA-623, a -report under date of 30 September 1934, showing the functions of the -Ministry of Economics in this respect. The report reveals concentration -upon all the familiar wartime economic problems, including stockpiling, -production of scarce goods, removal of industry to secure areas, fuel -and power supply for war production, machine tools, control of wartime -priorities, rationing, price control, civilian supply, and so on. I wish -to read into the Record merely an excerpt showing the jurisdiction of -the Ministry of Economics, beginning near the top of Page 2 of Document -Number EC-128: - - “With the establishment of the Reich Defense Council and its - permanent committee the Reich Ministry of Economics has been - given the task of making economic preparation for war. There - should really be no need to explain the tremendous importance of - this task. Everyone remembers vividly how terribly the lack of - any economic preparation for war hit us during the World War.” - -Finally, in 1934, Schacht acquired sweeping powers under legislation -which authorized him, as Minister of Economics, to take any measure -deemed necessary for the development of the German economy. In this -connection reference is made to the Reichsgesetzblatt, 1934, Part I, -Page 565, of which the Tribunal is asked to take judicial notice. - -The so-called “New Plan” devised by Schacht was announced in the fall of -1934 shortly after he became Minister of Economics. In this connection -the Tribunal is referred to the _Reichsgesetzblatt_, 1934, Part I, Page -816 and the _Reichsgesetzblatt_, 1935, Part I, Page 105, with the -request that judicial notice be taken thereof. The New Plan was -Schacht’s basic program for obtaining the necessary foreign-produced raw -materials and foreign exchange required to sustain the rearmament -program. - -With respect to the details of the New Plan, I offer in evidence -Document Number EC-437, Exhibit Number USA-624, consisting of an -affidavit of Emil Puhl, dated 7 November 1945. The entire text is -pertinent. Therefore, permission is requested to submit the affidavit -without reading therefrom, on condition that French and Russian -translations be prepared and filed. - -THE PRESIDENT: And German ones supplied, too. - -LT. BRYSON: We will supply copies. I wish to say that the original is in -English, but the affidavit has already been translated into German. - -THE PRESIDENT: Yes. - -LT. BRYSON: This affidavit by a co-worker of Schacht describes in detail -the many ingenious and often ruthless devices he used, including -negotiating “stand-still” agreements, forcing payment in Reichsmark of -interest and amortization on debts incurred in foreign currency, using -scrip and funding bonds for the same purpose, suspending service on -foreign-held debts, blocking foreign-held marks, freezing foreign claims -in Germany, eliminating unessential foreign expenditures, requisitioning -German-held foreign exchange, subsidizing exports, issuing restricted -marks, bartering under clearing agreements, licensing imports, and -controlling all foreign exchange transactions to the end of favoring raw -materials for armaments. - -The Tribunal is also asked to take judicial notice of -_Reichsgesetzblatt_, 1934, Page 997; _Reichsgesetzblatt_, 1933, Part I, -Page 349; and _Reichsgesetzblatt_, 1937, Part I, Page 600, relating to -the clearing bank, the conversion bank, and the maturity of foreign -loans, all of which decrees are mentioned in the affidavit. - -Schacht even went so far as to invest foreign-held Reichsmark on deposit -in German banks in rearmament notes, thus, as he put it, financing -rearmament with the assets of his political opponents. Without reading -therefrom, I refer your Honors to Document Number 1168-PS, Exhibit -USA-37, being a memorandum from Schacht to Hitler, dated 3 May 1935, -which already appears in the transcript on Pages 412 and 413 (Volume II, -Pages 312, 313). Moreover, Schacht even resorted to capital punishment -to prevent the loss of foreign exchange when frightened capital began to -flee from the country. In this connection reference is made to the Law -against Economic Sabotage, found in 1936 _Reichsgesetzblatt_, Part I, -Page 999, of which the Tribunal is asked to take judicial notice. - -Schacht took particular pride in the results which were accomplished -under the stringent controls which he instituted under his New Plan. I -refer the Tribunal to Document Number EC-611, in evidence as Exhibit -Number USA-622, consisting of Schacht’s speech in Berlin on 29 November -1938. I wish to read into the Record an excerpt from the top of Page 10: - - “If there is anything remarkable about the New Plan, it is again - only the fact that German organization under National Socialist - leadership succeeded in conjuring up in a very short time the - whole apparatus of supervision of imports, direction of exports, - and promotion of exports. The success of the New Plan can be - proved by means of a few figures. Calculated according to - quantity, the import of finished products was cut down by 63 - percent between 1934 and 1937. On the other hand, the import of - ores was increased by 132 percent, of petroleum by 116, of grain - by 102, and of rubber by 71 percent.” - -While President of the Reichsbank and Minister of Economics, Schacht -acquired still another key position, that of Plenipotentiary General for -War Economy. - -He received this appointment from Hitler pursuant to the unpublished -Reich Defense Law secretly enacted on 21 May 1935. This law is in -evidence as Document Number 2261-PS, Exhibit Number USA-24, consisting -of a letter from Von Blomberg dated 24 June 1935 to the chiefs of the -Army, Navy and Air Forces, together with copies of the Reich Defense Law -and the Cabinet’s memorandum relating thereto. Pertinent comments on and -excerpts from this document appear in the transcript for 23 November, at -Pages 278 and 292 (Volume II, Pages 220-229). I will simply state -therefore that by virtue of this appointment Schacht was put in complete -charge of economic planning and preparation for war in peacetime, except -for certain direct armament production under control of the War -Ministry. Upon the outbreak of war he was to be the economic czar of -Germany with complete control over the activities of a number of key -Reich ministries. - -Schacht appointed Wohlthat as his deputy and organized a staff to carry -out his directives. In this connection I offer in evidence excerpts from -a pre-trial interrogation of Schacht under date 17 October 1945. This -document is Exhibit Number USA-616 (Document 3729-PS). I wish to read -into the Record a question and answer found at the bottom of Page 40 of -the document book: - - “Q: ‘Let me ask you a general question then: Do you take the - responsibility as Plenipotentiary General for War Economy for - the writings that were made and the actions that were done by - Wohlthat and his assistants?’ - - “A: ‘I have to.’” - -I also offer in evidence Document Number EC-258, Exhibit Number USA-625, -consisting of a status report issued in December 1937 under the -signature of Schacht’s deputy, Wohlthat. The report is entitled, “The -Preparation of the Economic Mobilization by the Plenipotentiary General -for War Economy.” Schacht had withdrawn from office immediately prior to -the preparation of this report, and it plainly is a recapitulation of -his accomplishments while in office. Since the entire text is relevant, -we ask permission to submit the document without reading therefrom on -condition that translations into French and Russian be later filed with -the Tribunal. - -THE PRESIDENT: I do not think this is consistent with the rule laid down -by the Tribunal, which was that the translations in the French and -Russian languages should be submitted at the same time. You are now -suggesting that you can submit translations at a later stage. - -LT. BRYSON: Well, if Your Honor pleases, in any event I did not plan to -read from the document at this time and Defense Counsel do have the -German original. - -THE PRESIDENT: I was not speaking of the Defense Counsel so much as of -the members of the Tribunal. - -LT. BRYSON: We have the Russian translation in process now and it was -delayed and we were unable to get it here at this time, but the delay -will be very short and the document is of critical importance to our -case. - -THE PRESIDENT: How long will it be before it is ready? - -LT. BRYSON: I wouldn’t like to say precisely, Sir, but perhaps within 4 -or 5 days. - -THE PRESIDENT: What do you propose to do now, because it is a very -complicated and long document, is it not? - -LT. BRYSON: It is and it shows. . . - -THE PRESIDENT: Were you proposing to summarize it? - -LT. BRYSON: I was proposing to summarize it, Sir, now. - -THE PRESIDENT: The Tribunal thinks that if you would summarize it now -and only be permitted to put it in at the stage when you have the -translation ready, you may summarize it now. - -LT. BRYSON: I will summarize it now, Sir. - -THE PRESIDENT: Will it take long to summarize? - -LT. BRYSON: Not very long, Sir; no. - -THE PRESIDENT: You see, it is 5 o’clock. - -LT. BRYSON: I think there will be time to summarize it, and then we will -stop. - -This document discloses that before his resignation Schacht had worked -out in amazing detail his plans and preparations for the management of -the economy in the forthcoming war. For example, 180,000 industrial -plants in 300 industries had been surveyed with respect to usefulness -for war purposes; economic plans for the production of 200 basic -materials had been worked out; a system for the letting of war contracts -had been devised; allocations of coal, motor fuel, and power had been -determined; 248 million Reichsmark had been spent on storage facilities -alone; evacuation plans for war materials and skilled workers from -military zones had been worked out; 80 million wartime ration cards had -already been printed and distributed to local areas; and a card index on -the skills of some 22 million workers had been prepared. - -That concludes the summary, Your Honor. - -THE PRESIDENT: We will adjourn now. - - [_The Tribunal adjourned until 11 January 1946 at 1000 hours._] - - - - - THIRTY-SECOND DAY - Friday, 11 January 1946 - - - _Morning Session_ - -LT. BRYSON: If the Tribunal please, before picking up our line of proof -against the Defendant Schacht, I would like to supply a point of -information. - -Yesterday the President of the Tribunal inquired with respect to -Document Number EC-457, Exhibit Number USA-619. The question raised by -the Tribunal was with respect to the words “in retirement” in the -letterhead used by Schacht in writing to Hitler in 1932. This is the -letter in which Schacht expressed his belief in the truth of the Nazi -movement and in which he said that Hitler could always count upon him as -a reliable assistant. - -The letterhead has printed upon it “The President of the Reichsbank” and -after that phrase there is typed the letters “a. D.”, and I understand -that those letters are an abbreviation for a German phrase meaning “in -retirement” and that it is customary, or it was customary, in Germany -for retired officials to continue to use their titles with the letters -“a. D.” - -THE PRESIDENT: I see. - -LT. BRYSON: Yesterday we had just about completed our proof with respect -to the contribution of the Defendant Schacht to the preparation for war, -and I wish to submit one more document on this point. This is Document -Number EC-451, Exhibit Number USA-626. It consists of a statement by -George S. Messersmith, United States Consul General in Berlin, 1930 to -1934. I will quote therefrom, beginning with the second sentence of the -fourth paragraph: - - “It was his”—Schacht’s—“financial ability that enabled the - Nazi regime in the early days to find the financial basis for - the tremendous armament program and which made it possible to - carry it through. If it had not been for his efforts, and this - is not a personal observation of mine only but I believe was - shared and is shared by every observer at the time, the Nazi - regime would have been unable to maintain itself in power and to - establish its control over Germany, much less to create the - enormous war machine which was necessary for its objectives in - Europe and later throughout the world. - - “The increased industrial activity in Germany incident to - rearmament made great imports of raw materials necessary, while - at the same time exports were decreasing. Yet by Schacht’s - resourcefulness, his complete financial ruthlessness, and his - absolute cynicism, Schacht was able to maintain and to establish - the situation for the Nazis. Unquestionably, without this - complete lending of his capacities to the Nazi Government and - all of its ambitions, it would have been impossible for Hitler - and the Nazis to develop an armed force sufficient to permit - Germany to launch an aggressive war.” - -We turn now. . . - -THE PRESIDENT: Well, Lieutenant Bryson, I am not sure that that gives a -full or quite fair interpretation of the document. Don’t you think -perhaps you ought to read the paragraph before? - -LT. BRYSON: The preceding paragraph, Sir? - -THE PRESIDENT: Yes. - - LT. BRYSON: “Dr. Schacht always attempted to play both sides of - the fence. He told me, and I know he told both other American - representatives in Berlin and various British representatives, - that he disapproved of practically everything that the Nazis - were doing. I recall on several occasions his saying, after the - Nazi Party came into power, that if the Nazis were not stopped, - they were going to ruin Germany and the rest of the world with - it. I recall distinctly that he emphasized to me that the Nazis - were inevitably going to plunge Europe into war.” - -If the Court please, I would like to read also from the last paragraph: - - “In my opinion Schacht was in no sense a captive of the Nazis. - He was not compelled to devote his time and his capacities to - their interest. His situation was such that he would most likely - have been able either to work on much less restrained scale or - to abstain from activity entirely. He continued to lend his - services to the Nazi Government out of opportunism.” - -We turn now to the third part of our case against Schacht. The evidence -is clear that he willingly contributed his efforts to the Nazi -conspiracy, knowing full well its aggressive designs. The Tribunal will -recall our proof that Schacht was converted to the Nazi philosophy in -1931 and helped Hitler come to power in 1933. We will now prove, first, -that Schacht personally favored aggression and, second, that in any -event he knew Hitler’s aggressive intentions. - -There is ample evidence to justify the conclusion that Schacht rearmed -Germany in order to see fulfilled his strong belief in aggressive -expansion as an instrument of German national policy. Schacht had long -been a German nationalist and expansionist. He spoke against the Treaty -of Versailles at Stuttgart as early as 1927. I offer in evidence -Document EC-415, Exhibit Number USA-627, consisting of a collection of -excerpts from speeches by Schacht. I quote from the top of Page 2: “The -Versailles Dictate cannot be an eternal document, because not only its -economic but also its spiritual and moral premises are wrong.” - -It is common knowledge that he strongly favored acquisition of colonial -territory by Germany. However, he also favored acquisition of contiguous -territory in Europe. On 16 April 1929 at the Paris conference in -connection with reparations, he said. . . - -THE PRESIDENT: Are you going to read the passage that follows that at a -later stage? - -LT. BRYSON: At a later stage, if you please, Sir, in connection with -another point. - -THE PRESIDENT: Very well; go on. - -LT. BRYSON: On 16 April 1929, at the Paris conference in connection with -reparations, he said: - - “Germany can as a whole pay only if the Corridor and Upper - Silesia will be handed back to Germany from Polish possession - and if, besides, somewhere on the earth, colonial territory will - be made available to Germany.” - -THE TRIBUNAL (Mr. Biddle): What are you quoting from? - -LT. BRYSON: I offer in evidence Exhibit Number USA-628 (Document -3726-PS), consisting of excerpts from a pre-trial interrogation of -Schacht on 24 August 1945. You will find it in the document book at the -back, labelled “Interrogation of 24 August”. At the top of the first -page of the interrogation this statement was quoted to Schacht, and his -reply contains an admission of having made the statement. In his reply -he said: - - “That Germany could not pay at the time after I made the - statement has been proved, and that Germany will not be able to - pay after this war will be proved in the future.” - -I wish to point out that this is the very territory which was the -subject of the armed aggression in September 1939. - -In 1935 Schacht stated flatly that Germany would, if necessary, acquire -colonies by force. I offer in evidence Document EC-450, designated as -Exhibit Number USA-629. This document consists of an affidavit of S. R. -Fuller, Jr., together with a transcript of his conversation with Schacht -at the American Embassy in Berlin on 23 September 1935. I wish to read -from Page 6 of the document where there appears a statement by Schacht -in the lower half of the page. - -THE PRESIDENT: What is the date of the conversation? - -LT. BRYSON: The conversation occurred on 23 September 1935. The page -number of this document is at the bottom, and I quote from Page 6: - - “Schacht: ‘Colonies are necessary to Germany. We shall get them - through negotiation, if possible; but if not, we shall take - them.’” - -In July 1936, when the rearmament program was well under way, Schacht -again publicly spoke of the Versailles Treaty. This time his language -contained an explicit threat of war. I refer the Tribunal again to -Document EC-415, which I have previously introduced in evidence as -Exhibit Number USA-627, consisting of a collection of speeches by -Schacht. I wish to read from the paragraph beginning in the middle of -the first page: - - “But the memory of war weighs undiminished upon the peoples’ - mind. That is because, deeper than material wounds, moral wounds - are smarting, inflicted by the so-called peace treaties. - Material loss can be made up through labor, but the moral wrong - which has been inflicted upon the conquered peoples in the peace - dictates, leaves a burning scar on the peoples’ conscience. The - spirit of Versailles has perpetuated the fury of war; and there - will not be a true peace, progress, or reconstruction until the - world desists from this spirit. The German people will not tire - of pronouncing this warning.” - -Later in the same year Schacht publicly advocated the doctrine of -Lebensraum for the German people. I quote again from Document EC-415, -Exhibit Number USA-627, being an excerpt from Schacht’s speech at -Frankfurt on 9 December 1936, on the second page, the last paragraph: - - “Germany has too little living space for her population. She has - made every effort, and certainly greater efforts than any other - nation, to extract from her own existing small space whatever is - necessary for the securing of her livelihood. However, in spite - of all these efforts, the space does not suffice.” - -In January 1937 Schacht, in a conversation with Ambassador Davies, at -least by inference threatened a breach of the peace in demanding a -colonial cession. I offer in evidence Document L-111, being Exhibit -Number USA-630, and consisting of excerpts from a report under date of -20 January 1937, by Ambassador Davies to the Secretary of State. I wish -to read therefrom, beginning with the second sentence of the second -paragraph: - - “He”—meaning Schacht—“stated the following: - - “That the present condition of the German people was - intolerable, desperate, and unendurable; that he had been - authorized by his Government to submit proposals to France and - England which would: (1) Guarantee European peace, (2) secure - present European international boundaries, (3) reduce armaments, - (4) establish a new form of a workable league of nations, and - (5) abolish sanctions with new machinery for joint - administration; all based upon a colonial cession that would - provide for Germany an outlet for population, a source for - foodstuffs, fats, and raw materials.” - -In December 1937 Ambassador Dodd noted in his diary that Schacht would -be willing to risk war for the sake of new territory in Europe. I refer -the Tribunal to Document EC-461, consisting of excerpts from Ambassador -Dodd’s diary. - -THE PRESIDENT: The proposal contained in Document L-111 was for cession -of colonies, was it not? - -LT. BRYSON: It was, Sir. - -I turn now to Document EC-461, consisting of excerpts from Ambassador -Dodd’s diary. The entire diary has previously been received in evidence -as Exhibit Number USA-58. I quote some notes on a conversation with -Schacht on 21 December 1937, beginning near the bottom of the second -page of Document EC-461, in the last paragraph: - - “Schacht meant what the army chiefs of 1914 meant when they - invaded Belgium, expecting to conquer France in 6 weeks; that - is, domination and annexation of neighboring little countries, - especially north and east. Much as he dislikes Hitler’s - dictatorship, he, like most other eminent Germans, wishes - annexation without war if possible; with war if the United - States will keep hands off.” - -THE PRESIDENT: There is another passage in that book, that diary. I am -not sure; it probably is not the same date, but it is on the first page -of the exhibit, I think—the third paragraph. - -LT. BRYSON: The third paragraph. - -THE PRESIDENT: Is it at a different time? - -LT. BRYSON: It is a different time, Sir. - -THE PRESIDENT: September the 19th of what year? - -LT. BRYSON: We will check that in the complete volume here, and I think -in a minute I will be able to supply the date. In the meantime would you -like me to read it, Sir? - -THE PRESIDENT: Yes, I think you had better read it. - - LT. BRYSON: “He then acknowledged that the Hitler Party is - absolutely committed to war; and the people, too, are ready and - willing. Only a few government officials are aware of the - dangers and are opposed. He concluded, ‘But we shall postpone it - 10 years. Then it may be we can avoid war.’” - -THE PRESIDENT: Well, I think you should read the next paragraph, too. - - LT. BRYSON: “I reminded him of his Bad Eilsen speech some 2 - weeks ago and said, ‘I agree with you about commercial and - financial matters in the main. But why do you not, when you - speak before the public, tell the German people they must - abandon a war attitude?’ He replied, ‘I dare not say that. I can - speak only on my special subjects.’” - -THE PRESIDENT: And the next one. - -LT. BRYSON: And the next one: - - “How, then, can German people ever learn the real dangers of - war, if nobody ever presents that side of the question? He once - more emphasized his opposition to war and added that he had used - his influence with Hitler—‘a very great man’, he - interjected—to prevent war. I said, ‘The German papers printed - what I said at Bremen about commercial relations between our - countries, but not a word about the terrible effects and - barbarism of war.’ He acknowledged that and talked very - disapprovingly of the Propaganda Ministry which suppresses - everything it dislikes. He added, as I was leaving ‘You know a - party comes into office by propaganda and then cannot disavow it - or stop it.’” - -The date of his conversation was in September 1934. - -THE PRESIDENT: It is a pity that those years are not stated in the -document. It is rather misleading as it is. - -LT. BRYSON: If the Court please, the exhibit which is in evidence will -show the dates. - -THE PRESIDENT: Yes, I am not blaming you; but it is misleading, because -it looks like September the 19th and December the 21st, and as there -were 3 years’ interval between, it makes a difference. That is right, -isn’t it? - -LT. BRYSON: Yes, that is right. I am sorry the excerpt simply shows the -page numbers from the exhibit, and not the dates. - -Schacht admittedly strained all the resources of Germany to build up a -Wehrmacht which would provide Hitler with an instrument of realization -of his desire for Lebensraum. In this connection I offer in evidence -Document Number EC-369, Exhibit Number USA-631, consisting of a -memorandum from the Reichsbank Directorate, signed by Schacht, to -Hitler, dated 7 January 1939. I wish to read the last paragraph of the -first page: - - “From the beginning the Reichsbank has been aware of the fact - that a successful foreign policy can be attained only by the - reconstruction of the German Armed Forces. It—the - Reichsbank—therefore assumed to a very great extent the - responsibility of financing the rearmament in spite of the - inherent dangers to the currency. The justification thereof was - the necessity, which pushed all other considerations into the - background, to carry through the armament at once, out of - nothing and furthermore under camouflage, which made a - respect-commanding foreign policy possible.” - -It is clear that the “successful foreign policy” which Schacht thus -attributed to rearmament included the Austrian and Czechoslovakian -acquisitions. I offer in evidence Document EC-297(a), Exhibit Number -USA-632, being a speech of Schacht’s in Vienna after the Anschluss in -March 1938. I quote from the third page and the second full paragraph: - - “Thank God, these things could not after all hinder the great - German people on their way, for Adolf Hitler has created a - communion of German will and German thought. He bolstered it - with the newly strengthened Wehrmacht and finally gave the - external form to the internal union between Germany and - Austria.” - -With respect to the Sudetenland I refer the Tribunal to Document EC-611, -already in evidence as Exhibit Number USA-622, being a speech by -Schacht; EC-611—but I will not read it, Sir—being a speech by Schacht -on 29 November 1938, shortly after the Munich settlement. I have earlier -read the pertinent remark attributing Hitler’s success at that -conference to the rearmament made possible by Schacht’s financial and -economic measures. - -This line of proof shows that Schacht entertained an aggressive -philosophy with respect to territorial expansion and justifies the -conclusion that he allied himself with Hitler because of their common -viewpoint. - -We turn now to prove that, whether or not Schacht wanted war, he at -least knew Hitler planned military aggression for which he was creating -the means. He had numerous discussions with Hitler from 1933 to 1937. He -knew that Hitler was intent upon expansion to the east, which would mean -war, and that Hitler felt he must present the German people with a -military victory. I offer in evidence Exhibit Number USA-633 (Document -3727-PS), consisting of an excerpt from a pre-trial interrogation of -Schacht on 13 October 1945, and I read from the second page at the end -of the second question: - - “Q: ‘What was there in what he’”—meaning Hitler—“‘said that - led you to believe he was intending to move towards the east?’ - - “A: ‘That is in _Mein Kampf_. He never spoke to me about that, - but it was in _Mein Kampf_.’ - - “Q: ‘In other words, as a man who read it, you understood that - Hitler’s expansion policy was directed to the east?’ - - “A: ‘To the east.’ - - “Q: ‘And you thought that it would be better to try to divert - Hitler from any such intention and to urge upon him a colonial - policy instead?’ - - “A: ‘Quite.’” - -I also offer in evidence Document EC-458, Exhibit Number USA-634, -consisting of an affidavit of Major Edmund Tilley under date of 21 -November 1945, with respect to an interview of Schacht on 9 July 1945. I -read the second paragraph: - - “During the course of the discussion Schacht stated to me that - he had had numerous talks with Hitler from 1933 to 1937. Schacht - stated that from these talks he had formed the impression that - in order to make his hold and government secure, the Führer felt - that he must present the German people with a military victory.” - -As early as 1934, Schacht stated his belief that the Nazis would bring -war to Europe. I refer the Tribunal to Document EC-451, which I have -already submitted in evidence as Exhibit Number USA-626, consisting of -an affidavit under date of 15 November 1945 by Messersmith, American -Consul General in Berlin, 1930 to 1934. I wish to read from the first -page, third paragraph, last sentence. - -THE PRESIDENT: You have read it already. - -LT. BRYSON: If the Court please, there is a little more there which we -have not read, which I should like to read. - -THE PRESIDENT: You read the whole paragraph. At our invitation you read -from the third paragraph down to the bottom of the page. - -LT. BRYSON: I should like to read the first sentence of the fourth -paragraph on Page 1. - -THE PRESIDENT: All right. - - LT. BRYSON: “While making these protestations he nevertheless - showed by his acts that he was thoroughly an instrument of the - whole Nazi program and ambitions and that he was lending all his - extraordinary knowledge and resourcefulness toward the - accomplishment of that program.” - -THE PRESIDENT: Lieutenant Bryson, speaking for myself and for some other -members of the Tribunal, we think it is a far better way to deal with a -document, to deal with it, if possible, once and for all, and not to be -coming back to it. It not only wastes time by the fact that the Tribunal -have got to turn back and forth, back and forth, to the document; but -you get a much fairer idea of the document if it is dealt with once and -for all, although it may cover more than one subject. I say that -although it may be impossible for you to do that now in consonance with -the preparations that you have made; but those who follow you may be -able to alter their course. If it is possible, when you get a document -with a variety or a number of paragraphs in it which you want to quote, -you should quote them all at the same time. Do you follow what I mean? - -LT. BRYSON: I follow you, Your Honor. We have so organized our materials -that we have directed our evidence to specific points, and since the -points are separated, we had to separate our quotations. - -THE PRESIDENT: I realize that it may be difficult for you. - -LT. BRYSON: In September of 1934 Ambassador Dodd made a record in his -diary of a conversation with Sir Eric Phipps at the British Embassy in -Berlin. If the Court please, I will pass over this document, because in -response to a question from the Tribunal, I read an excerpt from the -document which covers the same point that I was about to direct myself -toward. - -I had just pointed out that Schacht has acknowledged to Ambassador Dodd -in September 1934 his knowledge of the war purposes of the Nazi Party; -and we had already shown that in 1935 Schacht had stated that Germany -would, if necessary, acquire colonies by force. He must then have known -to what length Hitler was prepared to go. - -After attending a meeting of the Reich ministers on 27 May 1936 in -Berlin, Schacht must have known that Hitler was contemplating war. Your -Honors may recall, as has been earlier shown, that at this meeting the -Defendant Göring, who was very close to Hitler, stated that all measures -are to be considered from the standpoint of an assured waging of war and -that waiting for new methods is no longer appropriate. I refer the -Tribunal to Document 1301-PS, from which I will not read, as the -quotation is already in evidence in Exhibit Number USA-123. - -On 31 August 1936 the War Minister, Von Blomberg, sent to Schacht a copy -of Von Blomberg’s letter to the Defendant Göring. I refer the Tribunal -again to 1301-PS, previously submitted in evidence as Exhibit Number -USA-123, and read from the middle of Page 19 of the document. The page -numbers, if the Court please, on this document are found in the upper -lefthand corner: - - “According to an order of the Führer the setting up of all Air - Force units is to be completed on 1 April 1937. Therefore - considerable expenditures have to be made in 1936, which at the - time when the budget for 1936 was made were planned for later - years only.” - -This intensification of the air force program certainly revealed to -Schacht the closeness to war which Hitler must have felt. - -I also offer in evidence Document EC-416, Exhibit USA-635, consisting of -minutes of the Cabinet meeting of 4 September 1936 which Schacht -attended. I read the statement by Göring found at the top of Page 2 of -this document: - - “The Führer and Reichskanzler has given a memorandum to the - Colonel General and the Reich War Minister which represents a - general instruction for the execution of this task. - - “It starts from the basic thought that the show-down with Russia - is inevitable.” - -Schacht thus knew that Hitler expected war with Russia. He also knew of -Hitler’s ambitions towards the east. It must have been plain to him, -therefore, that such a war would result from Russian opposition to -German military expansion in that direction; that is, Schacht must have -known that it would be a war of German aggression. - -In January 1937, the Tribunal will recall, Schacht stated to Ambassador -Davies in Berlin that he had “been authorized by his government” to -submit certain proposals to France and England which, in fact, amounted -to a bid for colonies under threat of war. If Schacht was acting under -instructions from Hitler, he was necessarily familiar with Hitler’s -aggressive intentions at that time. - -In November of 1937 Schacht knew Hitler was determined to acquire -Austria and at least autonomy for the Germans of Bohemia and that Hitler -also had designs on the Polish Corridor. I refer the Tribunal to -Document L-151, already in evidence as Exhibit Number USA-70, this being -a letter containing a memorandum of a conversation between Schacht and -Ambassador Bullitt, dated 23 November 1937. I quote the last paragraph -on Page 2: - - “Hitler was determined to have Austria eventually attached to - Germany and to obtain at least autonomy for the Germans of - Bohemia. At the present moment he was not vitally concerned - about the Polish Corridor, and in his”—Schacht’s—“opinion it - might be possible to maintain the Corridor, provided Danzig were - permitted to join East Prussia and provided some sort of a - bridge could be built across the Corridor uniting Danzig and - East Prussia with Germany.” - -To digress for just a moment, Schacht here was really speaking for -himself as well as for Hitler. We have seen from his speech of 29 March -1938 in Vienna his enthusiasm for the Anschluss after the event. He was -even working hard for its achievement. In this connection I refer the -Tribunal to Pages 506 and 507 of the transcript (Volume II, Page 373) -for evidence of Schacht’s having subsidized the Nazis’ preliminary -agitation in Austria. - -In addition to the foregoing direct evidence, the Tribunal is asked to -take into consideration the fact that to such a man as Schacht the -events of the period certainly bespoke Hitler’s intention. Schacht was a -close collaborator of Hitler and a member of the Cabinet during the -period of the Nazi agitation in Austria, the introduction of -conscription, the march into the Rhineland, the overthrow of the -Republican Government in Spain, the ultimate conquest of Austria, and -the acquisition of the Sudetenland by a show of force. During this -period the Reich’s debt tripled under the stress of mounting armaments, -the expenditures from 750,000,000 Reichsmarks in 1932 to 11,000,000,000 -Reichsmarks in 1937, and 14,000,000,000 Reichsmarks in 1938. During the -entire period 35,000,000,000 Reichsmarks were spent on armaments. It was -a period in which the burning European foreign policy issue was the -satisfaction of Germany’s repeated demands for additional territory. -Hitler, committed to a policy of expansion, was taking great risks in -foreign policy and laying the greatest stress upon utmost speed in -preparation for war. - -Certainly, in this setting Schacht did not proceed in ignorance of the -fact that he was assisting Hitler and Germany along the road toward -armed aggression. - -We turn now to our last line of proof with respect to Schacht’s loss of -power in the Hitler regime. In November 1937, Schacht resigned his -offices as Minister of Economics and General Plenipotentiary for the War -Economy. At that time he accepted appointment as Minister without -Portfolio and he also continued as President of the Reichsbank. - -Our evidence will show: (a) This change in position was no more than a -clash between two power-seeking personalities, Göring and Schacht, in -which Göring, being closer to Hitler, won out; (b) their policy -differences were concerned only with the method of rearming; and (c) -Schacht’s loss of power in no sense implies an unwillingness to assist -armed aggression. - -There was an issue of policy between Göring and Schacht, but it was -concerned only with the method and not the desirability of war -preparations. Schacht emphasized foreign trade as a necessary source of -rearmament material during the transitory period until Germany should be -ready to strike. Göring was a proponent of complete self-sufficiency. -Hitler supported Göring; and Schacht, his pride wounded and bitterly -resenting Göring’s intrusion in the economic field, finally stepped out. - -I refer the Tribunal to Document 1301-PS, previously submitted in -evidence as Exhibit Number USA-123, containing notes of a conversation -between Schacht and Thomas on 2 September 1936. These are found on Page -21 of the document, from which I quote: - - “President Schacht called me to him at 1300 hours today and - requested me to forward the following to the Minister of War: - Schacht returned from the Führer with the greatest anxiety, - since he could not agree to the economic program planned by the - Führer. - - “The Führer wants to speak at the Party convention about - economic policy and wants to emphasize there that we now want to - get free from foreign countries with all our energy by - production in Germany. - - “Schacht requests urgently that the Reich Minister of War warn - the Führer from this step.” - -And three paragraphs farther down: - - “If we now shout out abroad our decision to make ourselves - economically independent, then we cut our own throats, because - we can no longer survive the necessary transitory period.” - -Nevertheless, Hitler announced the Four Year Plan of self-sufficiency a -few days later in Nuremberg, and against Schacht’s wishes Göring was -named Plenipotentiary of the Four Year Plan. - -At this point I refer the Tribunal again to the interrogation of Schacht -on 16 October 1945, being Exhibit Number USA-636; and I wish to read -beginning near the bottom of Page 9 of the document: - - “Q: ‘And the Four Year Plan came in when?’ - - “A: ‘It was announced in September ’36, on the Party Day.’ - - “Q: ‘Do you say that from the time that the Four Year Plan came - in in September 1936, you were ready to rid yourself of your - economic duty?’ - - “A: ‘No. At that time I thought that I might maintain my - position even against Göring.’ - - “Q: ‘Yes, in what sense?’ - - “A: ‘That he would not interfere with affairs which I had to - manage in my ministry.’ - - “Q: ‘As a matter of fact, his appointment was not met with favor - by you?’ - - “A: ‘I would not have ever appointed a man like Göring who - didn’t understand a bit about all these things.’” - -Schacht and Göring immediately became embroiled in a conflict of -jurisdiction. On 26 November 1936 Göring issued a directive regarding -raw and synthetic material production. I offer in evidence Document -EC-243, Exhibit Number USA-637, consisting of a copy of this directive. -It shows that Göring’s Office for Raw and Synthetic Materials pre-empted -control over large economic areas previously in the hands of Schacht. As -an example, I will quote from Paragraph V of the directive on Page 4 of -the document: - - “The planning and determination of objectives, as well as the - control over the execution of the tasks which must be - accomplished within the framework of the Four Year Plan, are the - responsibility of the Office for German Raw and Synthetic - Materials, which supersedes the authorities which have - heretofore been in charge of these tasks.” - -On 11 December 1936 Schacht found it necessary to order all supervisory -offices in the Ministry of Economics to accept instructions from him -alone. I offer in evidence Document EC-376, Exhibit Number USA-638, -consisting of a circular letter from Schacht to all supervisory offices -under date of 11 December 1936, and I quote from the second paragraph: - - “The supervisory offices are obliged to accept instructions from - me alone. They must answer all official inquiries for any - information of the Office for German Raw and Synthetic Materials - in order to give any information at any time to the fullest - extent.” - -And a little further down: - - “. . . I herewith authorize the supervisory offices to take the - necessary measures for themselves. In case doubts should result - from requests of the above offices and these doubts cannot be - cleared by oral negotiations with the experts of these offices, - I should be informed immediately. I will then order in each case - the necessary steps to be taken.” - -The military sided with Schacht, who had rearmed them so well. I offer -in evidence Document EC-420, Exhibit Number USA-639, consisting of a -draft of a memorandum by the Military Economic Staff, dated 19 December -1936. I wish to read from Paragraph 1: - - “(1) The direction of war economy in the civilian sector in case - of war can be handled only by the person who in peacetime has - borne the sole responsibility for the preparations for war. - - “Upon recognizing this fact a year and a half ago Reichsbank - President Dr. Schacht was appointed Plenipotentiary General for - War Economy and an operations staff was attached to his office.” - -And then Paragraph Number 2: - - “(2) The Military Economy Staff does not deem it compatible with - the principle laid down in Number 1, Paragraph 1, if the - Plenipotentiary General for War Economy is now placed under the - Minister President General Göring’s command.” - -In January 1937 the _Military Weekly Gazette_ published an article -warmly praising Schacht’s achievements in rearmament. Without reading it -I offer in evidence Document EC-383, Exhibit Number USA-640, containing -this article, a pertinent quotation from which already appears in the -transcript for 23 November at Page 296 (Volume II, Page 233). - -Shortly thereafter Schacht attempted to force a show-down with Göring by -temporarily refusing to act in his capacity as Plenipotentiary. I offer -in evidence Document EC-244, Exhibit Number 641, consisting of a letter -from Von Blomberg, the Minister of War, to Hitler under date of February -22, 1937. I read the second paragraph of this letter as follows: - - “The President of the Reichsbank, Dr. Schacht, has notified me - that he is not acting in his capacity as Plenipotentiary for the - time being, since in his opinion there exist discrepancies - regarding the powers conferred upon him and those of Colonel - General Göring. Because of this the preparatory mobilization - steps in the economic field are delayed.” - -Schacht obviously was using his importance to the war preparations as a -lever. - -THE PRESIDENT: Lieutenant Bryson, does the Defendant Schacht admit in -his interrogation that the reason for his giving up his office was the -difference of opinion between him and the Defendant Göring? - -LT. BRYSON: He does, Sir, and the Defendant Göring so states in his -interrogation. - -THE PRESIDENT: Is it necessary to go into the details of their quarrel? - -LT. BRYSON: If the Court will be satisfied that this was the cause of -Schacht’s resignation. . . - -THE PRESIDENT: If they both say so. . . - -LT. BRYSON: . . . and that the cause was not his unwillingness to go -along with the aggressive intentions of the Nazis at that time, I shall -be perfectly satisfied to confine our evidence to the interrogations of -Schacht and Göring. - -THE PRESIDENT: Does he suggest that in his interrogation?—that that -might have been the reason? - -LT. BRYSON: I will find out, Sir, but our case against Schacht is -premised upon conspiracy. - -THE PRESIDENT: If the Defendant Schacht wants to set up such a case as -that, you could apply to be heard in rebuttal. - -LT. BRYSON: Well, we shall be satisfied then to eliminate a number of -our items of evidence, including the controversy between Göring and -Schacht, and satisfy ourselves with the interrogations. - -THE PRESIDENT: Yes. - -LT. BRYSON: If the Court please, we are almost at the time of the break. -Perhaps during the break we can arrange our evidence. - -THE PRESIDENT: Yes, we will adjourn now for 10 minutes. - - [_A recess was taken._] - -PROFESSOR DR. HERBERT KRAUS (Counsel for Defendant Schacht): We agree -that the question of the disagreement between the Defendants Göring and -Schacht need not be discussed further at this time. But we shall come -back to and deal in detail with the question as to how far these -disagreements had any bearing on the plan for an aggressive war. - -LT. BRYSON: If the Tribunal please, we have eliminated part of our -proof. I would simply like to put in a letter from Göring and an -interrogation of Schacht which will finish up the question of the -disagreement. - -Under date of 5 August 1937 Schacht wrote a critical letter to Göring, -who replied with a 24-page letter on 22 August 1937. Göring’s letter -reviews their many differences in detail. I offer it as Document EC-493, -Exhibit Number USA-642, and I wish to read simply one statement found in -the middle of Page 13: - - “In conclusion I should like to refer to remarks which you made - in a paragraph of your letter entitled ‘The Four Year Plan’ - about your general attitude toward my work in regard to the - economic policy. I know and I am pleased that at the beginning - of the Four Year Plan you promised me your most loyal support - and co-operation and that you repeatedly renewed this promise - even after the first differences of opinion had occurred and had - been removed in exhaustive discussions. I deplore all the more - having the impression recently, which is confirmed by your - letter, that you are increasingly antagonistic toward my work in - the Four Year Plan. This explains the fact that our - collaboration has gradually become less close. . . .” - -Schacht and Göring were reconciled by written agreement on 7 July 1937 -but subsequently again fell into disagreement, and Hitler finally -accepted Schacht’s resignation as Minister of Economics on 26 November -1937, simultaneously appointing him Minister without Portfolio, and -later Schacht’s resignation was extended to his position as -Plenipotentiary for War Economy. Without reading it, I offer in evidence -Document EC-494, Exhibit Number USA-643, as proof of this fact. - -Now, finally, I wish to refer the Tribunal to the interrogation of -Schacht, under date of 16 October 1945, Document 3728-PS, Exhibit Number -USA-636, and I wish to read from Page 12 of the document near the -bottom: - - “A: ‘It may amuse you if I tell you that the last - conversation’”—this is Schacht speaking—“‘that I had with - Göring on these topics was in November 1937, when Luther for 2 - months had endeavored to unite Göring and myself and to induce - me to co-operate further with Göring and maintain my position as - Minister of Economics. Then I had a last talk with Göring; and - at the end of this talk Göring said, “But I must have the right - to give orders to you.” Then I said, “Not to me, but to my - successor.” I have never taken orders from Göring; and I would - never have done it because he was a fool in economics, and I - knew something about it, at least.’ - - “Q: ‘Well, I gather that was a culminating, progressive personal - business between you and Göring. That seems perfectly obvious.’ - - “A: ‘Certainly.’” - -In all this abundant and consistent evidence there is not the slightest -suggestion that Schacht’s withdrawal from these two posts represented a -break with Hitler on the ground of contemplated military aggression. -Indeed, Hitler was gratified that Schacht would still be active in the -Government as President of the Reichsbank and as Minister without -Portfolio. I offer in evidence Document L-104, Exhibit Number USA-644, -consisting of a letter to the United States Secretary of State from -Ambassador Dodd, under date of 29 November 1937, enclosing a translation -of Hitler’s letter of 26 November 1937 to Schacht. I quote the last two -sentences of Hitler’s letter, found on Page 2 of the document: - - “If I accede to your wish it is with the expression of deepest - gratitude for your so excellent achievements and in the happy - consciousness that, as President of the Reichsbank Directorate - you will make available for the German people and me for many - years more your outstanding knowledge and ability and your - untiring energy. Delighted at the fact that in the future, also, - you are willing to be my personal adviser, I appoint you as of - today a Reich Minister.” - -Schacht did continue, obviously still in full agreement with Hitler’s -aggressive purpose. He was still President of the Reichsbank at the time -of the taking of Austria in March 1938. In fact, the Reichsbank took -over the Austrian National Bank. On this point I refer the Tribunal to -_Reichsgesetzblatt_ 1938, Part I, Page 254, and ask that judicial notice -be taken thereof. Further, Schacht even participated in the planning of -the absorption of Austria. In this connection I introduce into evidence -Document EC-421, Exhibit Number USA-645, consisting of excerpts from -minutes of a meeting of the staff of General Thomas on 11 March 1938 at -1500 hours. I quote therefrom as follows: - - “Lieutenant Colonel Hünerm reads directive of the Führer of 11 - March concerning the ‘Action Otto’ and informs us that ‘The - Economy War Service Law’ has been put in force. He then reads - Directives 1 and 2 and gives special orders to troops for - crossing the Austrian borders. According to that, at Schacht’s - suggestion, no requisitions should be made but everything ought - to be paid for at the rate of 2 schillings to 1 Reichsmark.” - -On the conversion of the Austrian schilling the Tribunal is asked also -to take judicial notice of _Reichsgesetzblatt_ 1938, Part I, Page 405. - -The Tribunal, of course, is already familiar with the public approval by -Schacht of the Anschluss in his Vienna speech of 21 March 1938, and Your -Honors will also recall Schacht’s pride in Hitler’s use of the rearmed -Wehrmacht at Munich, as expressed in his speech of 29 November 1938. -Both speeches were subsequent to his resignation in November 1937. - -We come now to the removal of Schacht from the presidency of the -Reichsbank in January 1939. The reason for this development is quite -clear. Schacht lost confidence in the credit capacity of the Reich and -was paralyzed, with the fear of a financial collapse. He felt that the -maximum level of production had been reached, so that an increase in -banknote circulation would only cheapen money and bring on inflation. In -this attitude he ceased to be useful to Hitler, who was about to strike -and wished to tap every ounce of available Government credit for -military purposes. - -I refer the Tribunal to Document EC-369, which I have previously -submitted in evidence as Exhibit Number USA-631. This document is a -memorandum from the Reichsbank directorate to Hitler, under date of 7 -January 1939, in which Schacht reviews in detail his fears of inflation. -The seriousness of the situation may be seen generally from the entire -text. I wish to quote several of the more crucial statements, one from -the last paragraph on Page 3, the second sentence: - - “We are, however, faced with the fact that approximately 3 - billion Reichsmark of such drafts cannot now be paid, though - they will be due in 1939.” - -I quote from the upper half of Page 4: - - “Exclusive of the Reichsbank there are approximately 6 billion - Reichsmark mefo drafts which can be discounted against cash - payment at any time at the Reichsbank, which fact represents a - continuous danger to the currency.” - -And I quote finally from the concluding paragraph of the memorandum: - - “We are convinced that the effects on the currency caused by the - policy of the last 10 months can be mended and that the danger - of inflation again can be eliminated by strict maintenance of a - balanced budget. The Führer and Reich Chancellor himself has - publicly rejected, again and again, an inflation as foolish and - fruitless. - - “We therefore ask for the following measures: - - “(1) The Reich as well as all the other public offices must not - incur expenditures or assume guaranties and obligations that - cannot be covered by taxes or by those funds which can be raised - through loans without disturbing the long-term investment - market. - - “(2) In order to carry out these measures effectively, full - financial control over all public expenditures must be restored - to the Reich Minister of Finance. - - “(3) The price and wage control must be rendered effective. The - existing mismanagement must be eliminated. - - “(4) The use of the money and investment market must be at the - sole discretion of the Reichsbank.” - -It is clear that Schacht’s fear was genuine and is a complete -explanation for his departure from the scene. He had good reason to be -afraid. In fact, the Finance Minister had already recognized the -situation in September 1938. I refer the Tribunal to Document EC-419, -Exhibit Number USA-621, which I have already submitted in evidence and -which consists of a letter under date of 1 September 1938 from Krosigk -to Hitler, in which Krosigk warns of an impending financial crisis. I -quote from the bottom of Page 2. - -THE PRESIDENT: Is that not really cumulative of what you have already -read? - -LT. BRYSON: We will be glad to skip it, Sir. It is cumulative. - -Schacht was not only afraid of a financial crisis, but he was afraid -that he personally would be held responsible for it. I offer in evidence -an affidavit of Emil Puhl, a director of the Reichsbank and co-worker of -Schacht, dated 8 November 1945, designated as Document EC-438, Exhibit -Number USA-646, and I read therefrom, beginning at the bottom of the -second page: - - “When Schacht saw that the risky situation which he had - sponsored was becoming insoluble, he was more and more eager to - get out. This desire to get out of a bad situation was for a - long time the ‘Leitmotiv’ of Schacht’s conversation with the - directors of the bank.” - -In the end Schacht escaped by deliberately stimulating his dismissal -from the Presidency of the Reichsbank. I offer in evidence Document -3731-PS, Exhibit Number USA-647, consisting of excerpts from an -interrogation of Von Krosigk under date of 24 September 1945, and I wish -to read several statements beginning at the very bottom of the second -page: - - “I asked Mr. Schacht to finance for the Reich for the ultimo of - the month the sum of 100 or 200 millions. It was this quite - customary procedure which we had used for years, and we used to - give back this money after a couple of days. Schacht this time - refused and said that he was not willing to finance a penny - because he wanted, as he said, that it should be made clear to - Hitler that the Reich was bankrupt. I tried to explain that this - was not the proper ground to discuss the whole question of - financing because the question of financing very small sums for - a few days during ultimo never would bring Hitler to the - conviction that the whole financing was impossible. As far as I - remember now, it was Funk who told Hitler something about this - conversation; then Hitler asked Schacht to call upon him. I do - not know what they said but the result certainly was the - dismissal of Schacht.” - -THE PRESIDENT: Just give me the reference again to that document that -you were reading from. - -LT. BRYSON: This is the interrogation of Von Krosigk under date of 24 -September 1945. I wish to read further, continuing on Page 3: - - “Q: ‘Now did Schacht ever say anything to you to the effect that - he wanted to resign because he was in opposition to the - continuance of the rearmament program?’ - - “A: ‘No, he never said it in this specific form, but in some - conversations he certainly spoke about it several times in his - own way when he had encounters with Göring . . . therefore I did - not take these things very seriously.’ - - “Q: ‘Well, let me put it this way, and please think carefully - about this. Did Schacht ever say that he wanted to resign - because he realized that the extent of the rearmament program - was such as to lead him to the conclusion that it was in - preparation for war rather than for defense?’ - - “A: ‘No, he never did.’ - - “Q: ‘Was Schacht ever quoted to you to this effect by any of - your colleagues or by anybody else?’ - - “A: ‘No.’ - - “Q: ‘Now, after Keitel took over the position of Chief of the - Wehrmacht were there still meetings between Schacht and yourself - with Keitel in place of Blomberg?’ - - “A: ‘Yes.’ - - “Q: ‘Did Schacht ever say anything at these meetings to indicate - that except for the technical question of the financing through - the Reichsbank directly he was opposed to a further program of - rearmament or opposed to the budget of the Wehrmacht?’ - - “A: ‘No, I do not think he ever did.’” - -The Defendant Göring has also confirmed this testimony. I refer the -Tribunal to the interrogation of Göring under date of 17 October 1945, -this being Document 3730-PS, Exhibit Number USA-648. I read from the -interrogation of Göring on 17 October 1945, from the lower half of the -third page: - - “Q: ‘I want to ask you this specifically. Was Schacht dismissed - from the Reichsbank by Hitler for refusing to participate any - further in the rearmament program?' - - “A: ‘No, because of his utterly impossible attitude in this - matter regarding this advance, which had no connection with the - rearmament program.’” - -Hitler dismissed Schacht from the Reichsbank on 20 January 1939. Without -reading, I offer in evidence Document EC-398, Exhibit Number USA-649, -consisting merely of a brief note from Hitler to Schacht announcing his -dismissal. - -From all of the foregoing it is clear that Schacht’s dismissal in no -sense reflected a parting of the ways with Hitler on account of proposed -aggression. This fact may also be seen from Document EC-397, Exhibit -Number USA-650, consisting of Hitler’s letter to Schacht under date of -19 January 1939, the text of which I wish to read: - - “At the occasion of your recall from office as President of the - Reichsbank Directorate I take the opportunity of expressing to - you my most sincere and warmest gratitude for the services which - you have rendered repeatedly to Germany and to me personally in - this capacity during long and difficult years. Your name, above - all, will always be connected with the first epoch of the - national rearmament. I am happy to be able to avail myself of - your services for the solution of new tasks in your position as - Reich Minister.” - -In fact, Schacht continued as Minister without Portfolio until January -1943. - -I wish to conclude by saying that the evidence shows: First, Schacht’s -work was indispensable to Hitler’s rise to power and to the rearmament -of Germany; second, Schacht personally was favorably disposed towards -aggression and knew Hitler intended to and would break the peace; and, -third, Schacht retired from the scene for reasons wholly unrelated to -the imminence of illegal aggression. - -As long as he remained in power, Schacht was working as eagerly for the -preparation of aggressive war as any of his colleagues. He was beyond -any doubt most effective and valuable in this connection. His assistance -in the earlier phase of the conspiracy made their later crimes possible. -His withdrawal from the scene reflected no moral feeling against the use -of aggressive warfare as an instrument of national policy. He personally -struggled to retain his position. By the time he lost it he had already -completed his task in the conspiracy, namely, to provide Hitler and his -colleagues with the physical means and economic planning necessary to -launch and maintain the aggression. We do not believe that, having -prepared the Wehrmacht for assault upon the world, he should now be -permitted to find refuge in his loss of power before the blow was -struck. - -This concludes our case against the Defendant Schacht, and Lieutenant -Meltzer follows me with the presentation of the American case against -the Defendant Funk. - -LIEUTENANT (j. g.) BERNHARD D. MELTZER (Assistant Trial Counsel for the -United States): May it please the Tribunal, the documents bearing upon -Defendant Funk’s responsibility have been assembled in a document book -marked “HH,” which has been filed with the Tribunal and has also been -made available to Defense Counsel. The same is true of the brief. The -documents have been arranged in the book in the order of their -presentation. Moreover, to facilitate reference, the pages of the -document book have been numbered consecutively in red. I wish to -acknowledge the invaluable collaboration of Mr. Sidney Jacoby, who sits -to my right, in the selection and analysis of these documents. - -We propose to submit evidence concerning five phases of Defendant Funk’s -participation in the conspiracy: - -First, his contribution to the Nazi seizure of power; second, his role -in the Propaganda Ministry and in the related agencies and his -responsibility for the activities of that ministry; third, his -responsibility for the unrelenting elimination of Jews, first from the -so-called cultural professions and then from the entire German economy; -fourth, his collaboration in the paramount Nazi task to which all other -tasks were subordinated—preparation for aggressive war; and finally, we -propose to mention briefly the evidence concerning his active -participation in the waging of aggressive war. - -We turn now to the evidence showing that Defendant Funk actively -promoted the conspirators’ accession to power and their consolidation of -control over Germany. Soon after he joined the Nazi Party in 1931 -Defendant Funk began to hold important positions, first within the Party -itself and then within the Nazi Government. Funk’s positions have, in -the main, been listed in Document Number 3533-PS, which is a statement -signed by both Defendant Funk and his counsel. This document has been -made available in the four working languages of these proceedings, and a -copy in the appropriate language should be available in each of Your -Honors’ document books. It is accordingly requested that this document, -which is Exhibit Number USA-651, be received into evidence without the -necessity of its being read in its entirety. - -Your Honors will observe that there are some deletions and reservations -after some of the items listed in Document Number 3533-PS. These were -inserted by Defendant Funk. The words which he wished deleted are -enclosed in parentheses. His comments are underscored and followed by -asterisks. - -We wished to avoid troubling the Tribunal with a detailed discussion of -all these contested points. Accordingly, we collected in Document -3563-PS relevant excerpts from certain German publications. This -document has also been made available in the four working languages. -Moreover, we submit that the Tribunal can properly take judicial notice -of the publications referred to in the document. However, in order to -facilitate reference, we request that it be received in evidence as -Exhibit Number USA-652. - -In connection with Item “b” on the top of Page 1 of Document Number -3533-PS—Your Honors will find that on Page 1 of the document—Your -Honors will observe that Defendant Funk has in effect denied that he was -Hitler’s personal economic adviser in the 1930’s. However, the excerpts -from the four German publications set forth on Pages 1 and 2 of Document -Number 3563-PS directly contradict this denial. - -We submit that it will be clear from the documents just referred to that -Defendant Funk, soon after he joined the Party, began to operate as one -of the Nazi inner circle. Moreover, as a Party economic theorist during -its critical days in 1932, he made a significant contribution to its -drive for mass support by drafting its economic slogans. In this -connection I would refer to Document 3505-PS, which is a biography -entitled, in the English translation, _Walter Funk—A Life for Economy_. -This biography was written by one Oestreich in German and published by -the Central Publishing House of the Nazi Party. I offer this document in -evidence as Exhibit Number USA-653. I wish to quote now from Page 1 of -the translation of this document, the center of the page. The -corresponding page of the German document is Page 81: - - “In 1931 he”—that is, Funk—“became a member of the Reichstag. - A document of his activity at the time is the ‘Economic - Construction Program of the NSDAP’ which was formulated by him - in the second half of the year 1932. It received the approval of - Adolf Hitler and was declared binding for all Gau leaders, - speakers on the subject, and Gau advisers on the subject and - others of the Party.” - -Thus Defendant Funk’s slogans became the economic gospel for the Party -organizers and spellbinders. - -Defendant Funk, however, was much more than one of the Nazi Party’s -economic theorists; he was also involved in the highly practical work of -soliciting campaign contributions for the Party. As liaison man between -the Party and the large German industrialists he helped place the -industrialists’ financial and political support behind Hitler. Defendant -Funk, in an interrogation conducted on 4 June 1945, admitted that he -helped finance the highly critical campaign of 1932. I offer in evidence -Document Number 2828-PS as Exhibit Number USA-654, and I quote from the -bottom of Page 43. . . - -THE PRESIDENT: Lieutenant Meltzer, isn’t this really all cumulative and -detailed evidence to support what the Defendant Funk has already agreed -with reference to his office? On Page 1 you have there the admission -that he was a member of the Nazi Party, chief of the division of the -Central Nazi Party, chairman of the committee of the Nazi Party on -economic policy, and then it goes on from A to U with views of the -various offices which he held and which he admits, he held. But surely -to go into the details of those positions is unnecessary. - -LT. MELTZER: If Your Honor pleases, the admission of the various -positions listed do not, in our judgment, indicate in any way Defendant -Funk’s participation in the fund-raising for the Nazi Party. - -THE PRESIDENT: The fund-raising? - -LT. MELTZER: The fund-raising. Now, it is a possible inference from -those positions that he did engage in the solicitation of campaign -contributions. However, it did seem to us relevant to mention most -briefly direct evidence of that aspect of his activity. - -THE PRESIDENT: Very well, if you say there is nothing in these offices -which covered the matter you are going to deal with; well and good. - -LT. MELTZER: Defendant Funk, in an interrogation conducted on 4 June -1945, admitted, as I said a minute ago, that he helped to finance this -highly critical campaign. - -THE PRESIDENT: You see, Lieutenant Meltzer, the heading that you have so -conveniently given to us is that he contributed to the seizure of power. -Well now, nearly every one of the headings A to U on Page 1, which he -admits, is evidence that he contributed to seizure of power. Is it your -object to propose that he also helped to raise funds? The contribution -to the seizure of power is not in itself a crime; it is only a step. - -LT. MELTZER: Very well, Your Honor. There is one aspect, however, of his -activity in that regard which I should like to mention; that is, in -connection with his fund-raising activities, he was present at a meeting -in Berlin early in 1933. - -I am referring to the document which records what went on in that -meeting in order to point out that in the course of the meeting Hitler -and Göring submitted an exposition of certain basic elements of the Nazi -program. The reference to this meeting is found in Document 2828-PS, -which Your Honors will find on Page 28 of the document book. I wish to -quote the following question and answer: - - “Q: ‘About 1933, we have been informed, certain industrialists - attended a meeting in the home of Göring before the election in - March. Do you know anything about this?’ - - “A: ‘I was at the meeting. Money was not demanded by Göring but - by Schacht. Hitler left the room, then Schacht made a speech - asking for money for the election. I was there as an impartial - observer, since I was friendly with the industrialists.’” - -The character and importance of Funk’s work with the large -industrialists is emphasized in the biography of Funk, which I referred -to earlier, and I will simply invite Your Honors’ attention to the -relevant pages of that book, which are 83 and 84. - -THE PRESIDENT: I don’t understand why you read that passage. If you -wanted to show that he was at the meeting, it would be merely sufficient -to say that he was at the meeting. I don’t think those two sentences -that you read help us in the very least. - -LT. MELTZER: If the Tribunal please, those two sentences do not refer to -the meeting. Those two sentences refer to the biography which sums up -the Defendant Funk’s general contribution to the Nazi accession to power -and I thought it might be of interest to the Tribunal to see the -attitude of a German writer on this aspect of the defendant’s career. - -THE PRESIDENT: It seems to me you referred to the meeting. - -LT. MELTZER: I was referring Your Honors to Pages 32 and 33 of the -document book, and to clarify this point may I read briefly from the -biography: - - “No less important than Funk’s accomplishments in the - programmatic field in the years 1931 and 1932 was his activity - at that time as the Führer’s liaison man to the leading men of - the German industry, trade, commerce, and finance. On the basis - of his past work his personal relations to the German economic - leaders were broad and far-reaching. He was now able to enlist - them in the service of Adolf Hitler and not only to answer their - questions authoritatively but to convince them and win their - backing for the Party. At that time that was terribly important - work; every success achieved meant a moral, political, and - economic strengthening of the vitality of the Party and - contributed toward destroying the prejudice that National - Socialism is merely a party of class hatred and class struggle.” - -THE PRESIDENT: Again, I don’t see that that has helped the Tribunal in -the least. - -LT. MELTZER: After Funk had helped Hitler become Chancellor, as Press -Chief of the German Government, he participated in the early Cabinet -meetings, in the course of which the conspirators planned the strategy -by which they would secure the passage of the Presidential Emergency -Decree, which was passed on 24 March 1933. Funk’s presence at these -meetings is revealed by Document 2962-PS which has already been received -in evidence and by Document Number 2963-PS, offered as Exhibit Number -USA-656. Your Honors will recall that this decree marked the real -seizure of political power in Germany. - -Soon after this the Defendant Funk assumed an important role in the -Ministry of Propaganda. The record shows that the Ministry became one of -the most important and vicious of Nazi institutions and that propaganda -was fundamental to the achievement of the Nazi program within Germany -and outside of Germany. We do not propose to review those matters to you -but rather to present evidence showing, as we have said, that the -Defendant Funk took a significant part in the propaganda operations. - -The Ministry was established on 13 March 1933, with Goebbels as Chief -and Defendant Funk as undersecretary, second in command. - -As undersecretary Defendant Funk was not only Goebbels’ chief aide but -was also the organizer of the large and complex propaganda machine. I -wish to offer in evidence Document Number 3501-PS, which will be found -on Page 47 of your document book as Exhibit Number USA-657. This -document is an affidavit signed on 19 December 1945 by Max Amann, who -held the position of Reich Leader of the Press and President of the -Reich Press Chamber. I should like to read the second sentence of the -first paragraph and the entire second paragraph: - - “In carrying out my duties and responsibilities I became - familiar with the operation and the organization of the Reich - Ministry of Propaganda and Enlightenment. Funk was the soul of - the Ministry, and without him Goebbels could not have built it - up. Goebbels once stated to me that Funk was his ‘most efficient - man.’ Funk exercised comprehensive control over all of the media - of expression in Germany; over the press, the theater, radio, - and music. As Press Chief of the Government and later as - undersecretary of the Ministry, Funk held daily meetings with - the Führer and a daily press conference in the course of which - he issued the directives governing the materials to be published - by the German press.” - -In addition to his position as undersecretary, Funk had many other -important jobs in the Propaganda Ministry and in its subordinate -agencies. These positions have already been listed in Document 3533-PS. -I wish, however, to refer in particular to Funk’s position as -vice-president of the Reich Chamber of Culture. This position was, of -course, related to his functions in the Propaganda Ministry. - -In his dual capacity he directly promoted two vital and related Nazi -policies. The first was the regimentation of all creative activities in -the interests of Nazi political and military objectives. The second was -the complete elimination of Jews and dissidents from the so-called -cultural professions. A full discussion of the methods by which these -policies were effectuated has been included in the brief which was -submitted as part of Document Book E. Accordingly, we will not go into -that matter now unless the Tribunal wishes us. - -In view of the Defendant Funk’s major role in the Propaganda Ministry, -it is natural to find Nazi writers stressing his responsibility for the -Nazi perversion of culture. In this connection, I will simply invite the -Tribunal’s attention to Pages 94 and 95 of Oestreich’s biography, which -has already been referred to. - -After Defendant Funk left the Ministry of Propaganda and became Minister -of Economics in 1938, he continued to advance the anti-Jewish program. -For example, on 14 June 1938 he signed a decree providing for the -registration of Jewish enterprises. This decree, which became the -foundation for the ruthless economic persecution which followed, is -found in the _Reichsgesetzblatt_, 1938, Part I, Page 627. It is -requested that the Tribunal take judicial notice of this reference to -the _Reichsgesetzblatt_ and all subsequent references. May I add that -the brief on Defendant Funk gives the document numbers of translations -of decrees and other German publications of which the Tribunal will be -requested to take judicial notice. - -THE PRESIDENT: Would that be a convenient time to break off? - -LT. MELTZER: Yes, Your Honor. - -THE PRESIDENT: Before we do so, Sir David Maxwell-Fyfe, I see that one -of the counsel, Colonel Phillimore, I think, is proposing to call -certain witnesses. The Tribunal would like to know who those witnesses -are and what subject their evidence is going to deal with. - -SIR DAVID MAXWELL-FYFE: Would the Tribunal like to know now? I would -like to let them know, if it is convenient. - -THE PRESIDENT: If you could, it would be convenient now. - -SIR DAVID MAXWELL-FYFE: Yes. The first witness is Korvettenkapitän -Moehle, who was a captain on Defendant Dönitz’ staff; and he will prove -the passing on the Dönitz order of 17 September 1942. I think that is -the main point that he deals with. I think he deals also with the -destruction of some rescue ships, but that is the main point. - -The second witness is Lieutenant Heisig. He will deal primarily with -lectures of the Defendant Dönitz in which he advocated the destruction -of the crews of merchant ships. That is the general effect of the -evidence. - -THE PRESIDENT: Thank you. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -THE PRESIDENT: Lieutenant Meltzer, are you intending to call any -witnesses this afternoon? - -LT. MELTZER: No, Sir. There is another member of the Prosecution, Sir, -who I believe is intending to call a witness—Mr. Dodd. - -THE PRESIDENT: In connection with the case against Funk? - -LT. MELTZER: No, Your Honor. - -THE PRESIDENT: Or in connection with the case against somebody else? - -LT. MELTZER: Yes, Sir. - -THE PRESIDENT: Who is it in connection with, Raeder? - -LT. MELTZER: I believe Mr. Dodd might offer. . . - -THE PRESIDENT: Raeder, is it? - -LT. MELTZER: No, Sir. Mr. Dodd might offer a better explanation than I -on the purpose of calling the witness. - -THE PRESIDENT: Mr. Dodd? - -MR. THOMAS J. DODD (Executive Trial Counsel for the United States): Yes, -Sir. Your Honor, the witness is offered in connection with the -Defendants Rosenberg, Funk, Frick, Sauckel, and Kaltenbrunner. - -THE PRESIDENT: I see. The evidence relates to concentration camps, does -it? - -MR. DODD: It does, Your Honor. - -THE PRESIDENT: I see. - -MR. DODD: This witness would have been called at the time that we -presented the other proof, except for the fact that he was before the -military court at Dachau at that time and was not available. - -THE PRESIDENT: I see; thank you. - -LT. MELTZER: May it please the Tribunal, before we adjourned we were -dealing with Defendant Funk’s role in the economic persecution of the -Jews. As Your Honors will recall, in November of 1938 the death of Vom -Rath in Paris was exploited by the Nazis as a pretext for intensifying -the persecution of the Jews. The new policy was directed at the complete -elimination of the Jews from the economic life of Germany. The evidence -we will offer will show that Defendant Funk took a significant part in -both the formulation and execution of that policy. In this connection I -would refer the Tribunal to Document Number 1816-PS which is already in -the Record. This document is a report of the meeting on the Jewish -question. It will be found, Your Honor, on Page 52 of the document book. -This meeting was held under Göring’s chairmanship on 12 November 1938. -In opening the meeting, Defendant Göring stated—and I quote now from -Page 1, Paragraph 1, of the translation; the corresponding page of the -German document is also Page 1: - - “. . . today’s meeting is of a decisive nature. I have received - a letter written by the chief of staff of the Führer’s Deputy, - Bormann, on the Führer’s orders directing that the Jewish - question be now, once and for all, co-ordinated and solved one - way or another.” - -Defendant Funk came to this meeting well prepared. He had a law already -drafted which he submitted with the following explanation—I quote again -from Document 1816-PS, Page 15: - - “I have prepared a law for this case which provides that as from - 1 January 1939 Jews shall be prohibited from operating retail - stores and mail-order establishments as well as independent - workshops. They shall be further prohibited from hiring - employees for that purpose or offering any goods on the market. - Wherever a Jewish shop is operated, it is to be closed by the - police. From 1 January 1939 a Jew can no longer operate a - business in the sense of the law for the regulation of national - labor of 20 January 1934.” - -I believe we may omit the rest. It is all in the same tenor. - -THE PRESIDENT: Yes. - -LT. MELTZER: The substance of Defendant Funk’s draft law promptly found -its way into the _Reichsgesetzblatt_. On 12 November 1938 Defendant -Göring signed a decree entitled, and I quote, “. . . for the Elimination -of Jews from German Economic Life,” and in Section 4 he authorized -Defendant Funk to implement the provisions of the decree by issuing the -necessary rules and regulations. An examination of the provisions of -this decree, which is set forth in the _Reichsgesetzblatt_ 1938, Part I, -Page 1580, will reveal how well it deserved its title “. . . for the -Elimination of the Jews from German Economic Life.” - -Soon after the passage of the decree of 12 November, Defendant Funk -delivered a speech on the Jewish question. He made it clear that the -program of economic persecution was part of the larger program of -extermination and he boasted of the fact that the new program insured -the complete elimination of Jews from the German economy. I offer into -evidence Document Number 3545-PS as Exhibit USA-659. This document, -which is found on Page 76 of the document book, is a certified -photostatic copy of Page 2 of the _Frankfurter Zeitung_ of 17 November -1938. I quote a very brief portion of that speech: - - “State and economy constitute a single unit. They must be - directed according to the same principles. The best proof of - this is given by the most recent development of the Jewish - problem in Germany. One cannot exclude the Jews from political - life and yet let them live and work in the economic sphere.” - -I shall omit the rest, with the request that the Tribunal take judicial -notice of this reprint from the German newspaper, the _Frankfurter -Zeitung_. - -I wish, however, to refer to only one more decree, signed by Defendant -Funk himself. On the 3rd of December 1938 he signed a decree which -imposed additional and drastic economic disabilities upon the Jews and -subjected their property to confiscation and forced liquidation. This -decree is set forth in the _Reichsgesetzblatt_ 1938, Part I, Page 1709. -Defendant Funk himself has admitted and deplored his responsibility for -the economic persecution of the Jews. I offer into evidence Document -Number 3544-PS, as Exhibit USA-660. This document, which is the last -document in connection with this phase of the case, is an interrogation -of Defendant Funk dated 22 October 1945. Your Honors will find it on -Pages 102 and 103 of the document book. I wish to quote from Pages 26 to -27 of the interrogation. The corresponding page of the German -translation is Page 21. Although I propose to quote enough to place -Defendant Funk’s statements in their proper context, I do not, of -course, intend to give any credence to his attempts at -self-justification: - - “Q: ‘All the decrees excluding the Jews from industry were - yours, were they not?’” - -Now, omitting the first nine lines of the reply: - - “A: ‘As far as my participation in this Jewish affair is - concerned, that was my responsibility, and I regretted later on - that I ever participated. The Party had always brought pressure - to bear on me to make me agree to the confiscation of Jewish - property, and I refused repeatedly. But later on, when the - anti-Jewish measures and the brutality against Jews were being - carried out with full force, something legal had to be done to - prevent the looting and confiscation of the whole of Jewish - property.’ - - “Q: ‘You knew that the looting and all that was done at the - instigation of the Party, didn’t you?’ - - “Here Defendant Funk wept and answered: - - “‘That is when I should have resigned, in 1938. I am guilty. I - am guilty. I admit that I am a guilty party here.’” - -In the Propaganda Ministry, Defendant Funk, as we have seen, helped -solidify the German people in favor of war. When he moved on to his -position as Minister of Economics, and to other positions which will -appear, he used his talents even more directly for the conspirators’ -main task: preparation for war. Immediately before Defendant Funk took -over the Ministry of Economics from Defendant Schacht in 1938, there was -a major reorganization of that ministry’s functions which integrated it -with the Four Year Plan as the supreme command of the German military -economy. This reorganization was effected by a decree, dated 4 February -1938, signed by Göring as Commissioner of the Four Year Plan. This -decree is set forth in an official monthly bulletin issued by Göring and -entitled, in the English translation, _The Four Year Plan_, Volume II, -1938, Page 105. It is requested that the Tribunal take judicial notice -of this publication. - -At this point I would simply note that that decree makes it clear that -Defendant Funk assumed a critical role in the task of economic -mobilization during a decisive period. Indeed, in 1938 he was directly -charged with the task of preparing the German economy for war. By a -secret decree he was made Plenipotentiary General for Economics and -assumed the duties which once had been discharged by Defendant Schacht. -In this connection I refer to Document 2194-PS, which has already been -placed in evidence. This document, which is found on Page 111 of Your -Honors’ document books, consists of a letter dated 6 September 1939, and -that letter transmitted a copy of the Reich Defense Law of 4 September -1938. It is this enclosure that we wish to deal with now. I wish to -quote from Page 4 of the translation, Paragraphs 2 to 4: - - “It is the task of the GBW”—that is the Plenipotentiary General - for Economics—“to put all economic forces into the service of - the Reich defense and to safeguard economically the life of the - German nation. To him are subordinated: the Reich Minister of - Economics, the Reich Minister of Food and Agriculture, the Reich - Minister of Labor. . .” and so on.—“He is furthermore - responsible for directing the financing of the Reich defense - within the realm of the Reich Finance Ministry and the - Reichsbank.” - -To quote one more paragraph: - - “The GBW must fulfill the demands of the OKW which are of - essential importance for the Armed Forces and must ensure the - economic conditions necessary for the production of the armament - industry directly managed by the OKW, according to the - requirements of the latter.” - -This law, in essence, re-enacted the provisions previously passed in the -Reich Defense Law of 1935, and I will not trouble the Tribunal with -further reading. I do wish to note, however, that the law was, at the -specific direction of Hitler, kept secret and that it was signed by -Defendant Funk, among others, as Plenipotentiary General for Economics. -Your Honors will find Defendant Funk’s signature on the next to the last -page of the document, and I invite your attention to the names of his -co-signers. - -Defendant Funk, in a speech which he delivered on 14 October 1939, -explained how, as Plenipotentiary General for Economics, he had for a -year and a half prior to the launching of the aggression against Poland, -advanced Germany’s economic preparations for war. I offer into evidence -Document Number 3324-PS as Exhibit USA-661. This document is a German -book by Berndt and Von Wedel entitled, in the English translation, -_Germany in the Fight_. That book reprints the defendant’s speech. I -quote now from Page 2 of the translation of Document Number 3324-PS, -which is found on Page 116 of the document book. The translation of this -speech is somewhat awkward, and with the Tribunal’s permission I would -rephrase it somewhat without changing its substance in the slightest. - - “Although all economic and financial departments were harnessed - to the task of the Four Year Plan under the leadership of - General Field Marshal Göring, Germany’s economic preparation for - war was also secretly advanced in another sector for well over a - year, namely, through the formation of a national guiding - apparatus for special war economy tasks which would have to be - accomplished the moment that war became a fact. For this work - all economic departments were combined into one administrative - authority, the Plenipotentiary General for Economics, to which - position the Führer appointed me one and a half years ago.” - -THE PRESIDENT: What was the date of that? - -LT. MELTZER: The date of that speech, Sir, is 14 October 1939. - -In his dual capacity as Plenipotentiary General for Economics and -Minister of Economics, Defendant Funk was naturally advised of the -requirements which the conspirators’ program of aggression imposed on -the German economy. In this connection I would invite the Tribunal’s -attention to Document Number 1301-PS, which is already in evidence. As -Your Honors will recall, this document is a top secret report of the -conference held in Defendant Göring’s office on 14 October 1938. Your -Honors will find it on Page 142 of the document book. I shall simply -summarize the relevant portions of this document. - -During the conference Göring referred to the world situation and to -Hitler’s directive to organize a gigantic armament program. He thereupon -directed the Ministry of Economics to increase exports in order to -obtain the foreign exchange necessary for stepping up armament. He -added, as Your Honors will recall, that the Luftwaffe must be increased -five-fold, that the Navy should arm more quickly, and that the Army -should accelerate the production of weapons for attack. Defendant -Göring’s words directed at Funk, among others, were the words of a man -already at war; and his emphasis on quintupling the Air Force and on -weapons for attack was that of a man waging aggressive war. - -After Schacht’s departure Funk was a key figure in the preparation of -plans to finance the war. This was natural, since Defendant Funk after -1939 occupied three positions crucial to war finance. Two we have -already named: Minister of Economics and Plenipotentiary General for -Economics. In addition, he was President of the Reichsbank. - -Funk’s role in war financing is illustrated by Document Number 3562-PS, -which I now offer in evidence as Exhibit USA-662. This document was -found in the captured files of the Reich Ministry of Economics. It -consists, in part, of a letter from the Plenipotentiary General for -Economics, signed on his behalf by Dr. Posse. The letter is dated 1 June -1939 and encloses the minutes of a conference concerning the financing -of the war which was held under the chairmanship of Funk’s -undersecretary in the Ministry of Economics, Dr. Landfried. A copy of -the document which I have offered into evidence bears a marginal note on -Page 1 in the bottom lefthand corner, dated 5 June, stating, and I -quote: “To be shown to the Minister,”—that is, Funk—“for his -information.” - -During the course of the meeting, which was attended by 12 officials, -five of whom were directly responsible to Defendant Funk in his various -capacities, the conferees discussed a memorandum regarding war finance -which had been prepared by the Plenipotentiary General for Economics on -May 9, 1939. I wish to quote briefly from Page 2 of the English -translation, which is found on Page 153 of Your Honors’ document book: - - “Then a report was made of the contents of the ‘Notes on the - question of Internal Financing of War’ of 9 May of this year, in - which the figures given to me by the Reich Minister of Finance - were also discussed. It was pointed out that the Plenipotentiary - General for Economics is primarily interested in introducing - into the legislation for war finance the idea of financing war - expenditures by future revenues to be expected after the war.” - -And, if I may quote another brief excerpt from this important -memorandum, which is found on Page 2 of the English translation, Page -153 of your document books: - - “State Secretary Neumann first submitted for discussion the - question of whether, in case of war, production would be able to - meet, to the extent supposed, the demands of the Armed Forces, - especially if the demands of the Armed Forces, as stated in the - above report, should increase to approximately 14,000 millions - in the first 3 months of war. He stated that if the production - potential of the present Reich territory is taken as a basis he - doubts the possibility of such an increase.” - -It is plain then that Defendant Funk exercised comprehensive authority -over large areas of the German economy whose proper organization and -direction were critical to effective war preparation. The once powerful -military machine which rested on the foundation of thorough economic -preparation was a tribute to the contribution which Defendant Funk had -made to Nazi aggression. - -And Funk made this contribution with full knowledge of the plans for -military aggression. A compelling inference of such knowledge would -arise from the combination of several factors: From Funk’s long and -intimate association with the Nazi inner circle; from the very nature of -his official functions; from the war-dominated setting of Nazi Germany; -from the fact that force and the threat of force had become the primary -and the open instruments of German foreign policy. And the final element -in weighing the question of Defendant Funk’s knowledge is, of course, -the fact that, at the same time that Defendant Funk was making economic -preparation, specific plans for aggression were being formulated—plans -which were carried out and plans which could be effectively carried out -only if they were synchronized with the complementary economic measures. - -The conclusion concerning Defendant Funk’s knowledge is reinforced -beyond any question by considering, in the light of the factors -described above, the more specific and direct evidence which has already -been placed into the Record. We have seen from Document 1760-PS that -Defendant Funk had told Mr. Messersmith that the absorption of Austria -by Germany was a political and economic necessity, and that it would be -achieved by whatever means were necessary. We have already referred to -Document Number 1301-PS, in which Defendant Göring laid down directives -which could be understood only as directives to prepare the economic -basis for aggression. And Document Number 3562-PS has revealed that -Defendant Funk was making detailed plans for financing the war, that is, -of course, a particular war, the war against Poland. In this connection -I wish to refer to another vital piece of evidence which has already -been introduced in the Record. It is the letter dated 25 August 1939 -which Defendant Funk wrote to Hitler. In that letter, as Your Honors -will recall, Defendant Funk expressed his gratitude at being able to -experience those world-shaking times and to contribute to those -tremendous events. And he thanked Hitler for approving his proposals -designed to prepare the German economy for the war. - -Moreover, the Record contains evidence showing that Defendant Funk, both -personally and through his representatives, participated in the economic -planning which preceded the military aggression against the Soviet -Union. I would refer the Tribunal to Document 1039-PS, which revealed -that in April of 1941 Defendant Rosenberg, who had been appointed deputy -for the centralized treatment of problems related to the occupation of -the Eastern territories, that is, the Soviet Union, discussed with -Defendant Funk the economic problems which would arise when the plans -for aggression in the East matured. And Document 1039-PS also reveals -that Defendant Funk appointed one Dr. Schlotterer as his deputy to -collaborate with Rosenberg in connection with the exploitation of the -Eastern territories and that Schlotterer met with Defendant Rosenberg -almost daily. - -It is clear, then, that Defendant Funk participated in every phase of -the conspirators’ program, from their seizure of power to their final -defeat. Throughout he worked effectively, if sometimes more quietly than -others, on behalf of the Nazi program, a program which from the very -beginning he knew contemplated the use of ruthless terror and force -within Germany and, if necessary, outside of Germany. He bears, we -submit, a special, a direct, and a heavy responsibility for the -commission of Crimes against Humanity, Crimes against Peace, and War -Crimes. The Record makes it clear, if we may summarize the evidence, -that by virtue of his activities in the Ministry of Propaganda and in -the Ministry of Economics he is responsible for stimulating and engaging -in the unrelenting persecution of the Jews and other minorities, for -psychologically mobilizing the German people for aggressive war, and for -weakening the willingness and capacity of the conspirators’ intended -victims to resist aggression. It is also clear, we submit, that -Defendant Funk, with full knowledge of the conspirators’ purposes, in -his capacity as Minister of Economics, President of the Reichsbank, and -Plenipotentiary General for Economics, actively participated in the -mobilization of the German economy for aggression. In these capacities -and as a member of the Ministerial Council for Defense and the Central -Planning Board he also participated in the waging of aggressive war. -Moreover, by virtue of his membership in the Central Planning Board, -which, as Your Honors will recall from Mr. Dodd’s presentation, -formulated and directed the program for the enslavement, the -exploitation, and degradation of millions of foreign workers, Defendant -Funk also shares special responsibility for the Nazi slave-labor -program. - -The French Prosecution, I am informed, will deal with this matter in -greater detail. Moreover, the French and Soviet Prosecution will submit -evidence showing that Defendant Funk actively participated in the -program for the criminal looting of the resources of occupied -territories. - -MR. DODD: May it please the Tribunal, we would like to call at this time -the witness, Dr. Franz Blaha. - -[_The witness, Blaha, took the stand._] - -THE PRESIDENT [_To the witness_]: Is your name Franz Blaha? - -DR. FRANZ BLAHA (Witness) [_In Czech._]: Dr. Franz Blaha. - -THE PRESIDENT: Will you repeat this oath: “I swear by God—the Almighty -and Omniscient—that I will speak the truth, the pure truth—and will -withhold and add nothing.” - -[_The witness repeated the oath._] - -THE PRESIDENT: You can sit down if you wish. - -MR. DODD: You are Dr. Franz Blaha, a native and a citizen of -Czechoslovakia, are you not? - -BLAHA: [_In Czech._] Yes. - -MR. DODD: I understand that you are able to speak German, and for -technical reasons I suggest that we conduct this examination in German, -although I know your native tongue is Czech; is that right? - -BLAHA: [_In Czech._] In the interest of the case I am willing to testify -in German for the following reasons: 1. For the past 7 years, which are -the subject of my testimony, I have lived exclusively in German -surroundings; 2. A large number of special and technical expressions -relating to life in and about the concentration camps are purely German -inventions, and no appropriate equivalent for them in any other language -can be found. - -MR. DODD: Dr. Blaha, by education and training and profession you are a -doctor of medicine? - -BLAHA: [_In German._] Yes. - -MR. DODD: And in 1939 you were the head of a hospital in Czechoslovakia? - -BLAHA: Yes. - -MR. DODD: You were arrested, were you not, by the Germans in 1939 after -they occupied Czechoslovakia? - -BLAHA: Yes. - -MR. DODD: And were you confined in various prisons between 1939 and -1941? - -BLAHA: Yes. - -MR. DODD: From 1941 to April of 1945 you were confined at Dachau -Concentration Camp? - -BLAHA: Yes, until the end. - -MR. DODD: When that camp was liberated by the Allied Forces? - -BLAHA: Yes. - -MR. DODD: You executed an affidavit in Nuremberg on the 9th day of -January of this year, did you not? - -BLAHA: Yes. - -MR. DODD: This affidavit, if it please the Tribunal, bears the Document -Number 3249-PS, and I wish to offer it at this time. It is Exhibit -USA-663. I feel that we can reduce the extent of this interrogation by -approximately three-fourths through the submission of this affidavit and -I should like to read it. It will take much less time to read this -affidavit than it would to go through it in question and answer form and -it covers a large part of what we expect to elicit from this witness. - -THE PRESIDENT: Very well. - -MR. DODD: I wouldn’t have read it if we had had time to have a Russian -and French translation, but unfortunately that wasn’t possible in the -few days we had. - - “I, Franz Blaha, being duly sworn, depose and state as follows: - - “1. I studied medicine in Prague, Vienna, Strasbourg, and Paris - and received my diploma in 1920. From 1920 to 1926 I was a - clinical assistant. In 1926 I became chief physician of the - Iglau Hospital in Moravia, Czechoslovakia. I held this position - until 1939 when the Germans entered Czechoslovakia and I was - seized as a hostage and held a prisoner for co-operating with - the Czech Government. I was sent as a prisoner to the Dachau - Concentration Camp in April 1941 and remained there until the - liberation of the camp in April 1945. Until July 1941 I worked - in a punishment company. After that I was sent to the hospital - and subjected to the experiments in typhoid being conducted by - Dr. Muermelstadt. After that I was to be made the subject of an - experimental operation and succeeded in avoiding this only by - admitting that I was a physician. If this had been known before, - I would have suffered, because intellectuals were treated very - harshly in the punishment company. In October 1941 I was sent to - work in the herb plantation and later in the laboratory for - processing herbs. In June 1942 I was taken into the hospital as - a surgeon. Shortly afterwards I was directed to perform a - stomach operation on 20 healthy prisoners. Because I would not - do this I was transferred to the autopsy room where I stayed - until April 1945. While there I performed approximately 7,000 - autopsies. In all, 12,000 autopsies were performed under my - direction. - - “2. From the middle of 1941 to the end of 1942 some 500 - operations on healthy prisoners were performed. These were for - the instructions of the SS medical students and doctors and - included operations on the stomach, gall bladder, and throat. - These were performed by students and doctors of only 2 years’ - training, although they were very dangerous and difficult. - Ordinarily they would not have been done except by surgeons with - at least 4 years’ surgical practice. Many prisoners died on the - operating table and many others from later complications. I - performed autopsies on all of these bodies. The doctors who - supervised these operations were Lang, Muermelstadt, Wolter, - Ramsauer, and Kahr. Standartenführer Dr. Lolling frequently - witnessed these operations. - - “3. During my time at Dachau I was familiar with many kinds of - medical experiments carried on there on human victims. These - persons were never volunteers but were forced to submit to such - acts. Malaria experiments on about 1,200 people were conducted - by Dr. Klaus Schilling between 1941 and 1945. Schilling was - personally ordered by Himmler to conduct these experiments. The - victims were either bitten by mosquitoes or given injections of - malaria sporozoites taken from mosquitoes. Different kinds of - treatment were applied including quinine, pyrifer, neosalvarsan, - antipyrin, pyramidon, and a drug called 2516 Behring. I - performed autopsies on the bodies of people who died from these - malaria experiments. Thirty to 40 died from the malaria itself. - Three hundred to four hundred died later from diseases which - were fatal because of the physical condition resulting from the - malaria attacks. In addition there were deaths resulting from - poisoning due to overdoses of neosalvarsan and pyramidon. Dr. - Schilling was present at my autopsies on the bodies of his - patients. - - “4. In 1942 and 1943 experiments on human beings were conducted - by Dr. Sigmund Rascher to determine the effects of changing air - pressure. As many as 25 persons were put at one time into a - specially constructed van in which pressure could be increased - or decreased as required. The purpose was to find out the - effects on human beings of high altitude and of rapid descents - by parachute. Through a window in the van I have seen the people - lying on the floor of the van. Most of the prisoners used died - from these experiments, from internal hemorrhage of the lungs or - brain. The survivors coughed blood when taken out. It was my job - to take the bodies out and as soon as they were found to be dead - to send the internal organs to Munich for study. About 400 to - 500 prisoners were experimented on. The survivors were sent to - invalid blocks and liquidated shortly afterwards. Only a few - escaped. - - “5. Rascher also conducted experiments on the effect of cold - water on human beings. This was done to find a way for reviving - airmen who had fallen into the ocean. The subject was placed in - ice-cold water and kept there until he was unconscious. Blood - was taken from his neck and tested each time his body - temperature dropped one degree. This drop was determined by a - rectal thermometer. Urine was also periodically tested. Some men - stood it as long as 24 to 36 hours. The lowest body temperature - reached was 19 degrees centigrade, but most men died at 25 or 26 - degrees. When the men were removed from the ice water attempts - were made to revive them by artificial sunshine, with hot water, - by electro-therapy, or by animal warmth. For this last - experiment prostitutes were used and the body of the unconscious - man was placed between the bodies of two women. Himmler was - present at one such experiment. I could see him from one of the - windows in the street between the blocks. I have personally been - present at some of these cold water experiments when Rascher was - absent, and I have seen notes and diagrams on them in Rascher’s - laboratory. About 300 persons were used in these experiments. - The majority died. Of those who survived, many became mentally - deranged. Those who did not die were sent to invalid blocks and - were killed just as were the victims of the air pressure - experiments. I know only two who survived, a Yugoslav and a - Pole, both of whom are mental cases. - - “6. Liver puncture experiments were performed by Dr. Brachtl on - healthy people and on people who had diseases of the stomach and - gall bladder. For this purpose a needle was jabbed into the - liver of a person and a small piece of the liver was extracted. - No anaesthetic was used. The experiment is very painful and - often had serious results, as the stomach or large blood vessels - were often punctured, resulting in hemorrhage. Many persons died - of these tests for which Polish, Russian, Czech, and German - prisoners were employed. Altogether about 175 people were - subjected to these experiments. - - “7. Phlegmone experiments were conducted by Dr. Schütz, Dr. - Babor, Dr. Kieselwetter and Professor Lauer. Forty healthy men - were used at a time, of which twenty were given intramuscular - and twenty intravenous injections of pus from diseased persons. - All treatment was forbidden for 3 days, by which time serious - inflammation and in many cases general blood poisoning had - occurred. Then each group was divided again into groups of 10. - Half were given chemical treatment with liquid and special pills - every 10 minutes for 24 hours. The remainder were treated with - sulfanamide and surgery. In some cases all the limbs were - amputated. My autopsy also showed that the chemical treatment - had been harmful and had even caused perforations of the stomach - wall. For these experiments Polish, Czech, and Dutch priests - were ordinarily used. Pain was intense in such experiments. Most - of the 600 to 800 persons who were used finally died. Most of - the others became permanent invalids and were later killed. - - “8. In the fall of 1944 there were 60 to 80 persons who were - subjected to salt water experiments. They were locked in a room - and for 5 days were given nothing for food but salt water. - During this time their urine, blood, and excrement were tested. - None of these prisoners died, possibly because they received - smuggled food from other prisoners. Hungarians and Gypsies were - used for these experiments. - - “9. It was common practice to remove the skin from dead - prisoners. I was commanded to do this on many occasions. Dr. - Rascher and Dr. Wolter in particular asked for this human skin - from human backs and chests. It was chemically treated and - placed in the sun to dry. After that it was cut into various - sizes for use as saddles, riding breeches, gloves, house - slippers, and ladies’ handbags. Tattooed skin was especially - valued by SS men. Russians, Poles, and other inmates were used - in this way, but it was forbidden to cut out the skin of a - German. This skin had to be from healthy prisoners and free from - defects. Sometimes we did not have enough bodies with good skin - and Rascher would say, ‘All right, you will get the bodies.’ The - next day we would receive 20 or 30 bodies of young people. They - would have been shot in the neck or struck on the head so that - the skin would be uninjured. Also we frequently got requests for - the skulls or skeletons of prisoners. In those cases we boiled - the skull or the body. Then the soft parts were removed and the - bones were bleached and dried and reassembled. In the case of - skulls it was important to have a good set of teeth. When we got - an order for skulls from Oranienburg the SS men would say, ‘We - will try to get you some with good teeth.’ So it was dangerous - to have good skin or good teeth. - - “10. Transports arrived frequently in Dachau from Struthof, - Belsen, Auschwitz, Mauthausen and other camps. Many of these - were 10 to 14 days on the way without water or food. On one - transport which arrived in November 1942 I found evidence of - cannibalism. The living persons had eaten the flesh from the - dead bodies. Another transport arrived from Compiègne in France. - Professor Limousin of Clermont-Ferrand who was later my - assistant told me that there had been 2,000 persons on this - transport when it started. There was food available but no - water. Eight hundred died on the way and were thrown out. When - it arrived after 12 days, more than 500 persons were dead on the - train. Of the remainder most died shortly after arrival. I - investigated this transport because the International Red Cross - complained, and the SS men wanted a report that the deaths had - been caused by fighting and rioting on the way. I dissected a - number of bodies and found that they had died from suffocation - and lack of water. It was mid-summer and 120 people had been - packed into each car. - - “11. In 1941 and 1942 we had in the camp what we called invalid - transports. These were made up of people who were sick or for - some reason incapable of working. We called them ‘Himmelfahrt - Commandos.’ About 100 or 120 were ordered each week to go to the - shower baths. There four people gave injections of phenol, - evipan, or benzine, which soon caused death. After 1943 these - invalids were sent to other camps for liquidation. I know that - they were killed, because I saw the records and they were marked - with a cross and the date that they left, which was the way that - deaths were ordinarily recorded. This was shown on both the card - index of the Camp Dachau and the records in the registry office - of Dachau. One thousand to two thousand went away every 3 - months, so there were about five thousand sent to death in this - way in 1943, and the same in 1944. In April 1945 a Jewish - transport was loaded at Dachau and was left standing on the - railroad siding. The station was destroyed by bombing, and they - could not leave. So they were just left there to die of - starvation. They were not allowed to get off. When the camp was - liberated they were all dead. - - “12. Many executions by gas or shooting or injections took place - right in the camp. The gas chamber was completed in 1944, and I - was called by Dr. Rascher to examine the first victims. Of the - eight or nine persons in the chamber there were three still - alive, and the remainder appeared to be dead. Their eyes were - red, and their faces were swollen. Many prisoners were later - killed in this way. Afterwards they were removed to the - crematorium where I had to examine their teeth for gold. Teeth - containing gold were extracted. Many prisoners who were sick - were killed by injections while in the hospital. Some prisoners - killed in the hospital came through to the autopsy room with no - name or number on the tag which was usually tied to their big - toe. Instead the tag said ‘Do not dissect’. I performed - autopsies on some of these and found that they were perfectly - healthy but had died from injections. Sometimes prisoners were - killed only because they had dysentery or vomited and gave the - nurses too much trouble. Mental patients were liquidated by - being led to the gas chamber and injected there or shot. - Shooting was a common method of execution. Prisoners could be - shot just outside the crematorium and carried in. I have seen - people pushed into the ovens while they were still breathing and - making sounds, although if they were too much alive they were - usually hit on the head first. - - “13. The principal executions about which I know from having - examined the victims or supervised such examinations are as - follows: - - “In 1942 there were 5,000 to 6,000 Russians held in a separate - camp inside Dachau. They were taken on foot to the military - rifle range near the camp in groups of 500 or 600 and shot. Such - groups left the camp about three times a week. At night we used - to go out to bring the bodies back in carts and then examine - them. In February 1944 about 40 Russian students arrived from - Moosburg. I knew a few of the boys in the hospital. I examined - their bodies after they were shot outside the crematory. In - September 1944 a group of 94 high-ranking Russian officers were - shot, including two military doctors who had been working with - me in the hospital. I examined their bodies. In April 1945, a - number of prominent people were shot who had been kept in the - bunker. They included two French generals, whose names I cannot - remember; but I recognized them from their uniform. I examined - them after they were shot. In 1944 and 1945 a number of women - were killed by hanging, shooting, and injections. I examined - them and found that in many cases they were pregnant. In 1945, - just before the camp was liberated, all ‘Nacht und Nebel’ - prisoners were executed. These were prisoners who were forbidden - to have any contact with the outside world. They were kept in a - special enclosure and were not allowed to send or receive any - mail. There were 30 or 40, many of whom were sick. These were - carried to the crematory on stretchers. I examined them and - found they had all been shot in the neck. - - “14. From 1941 on the camp was more and more overcrowded. In - 1943 the hospital for prisoners was already overcrowded. In 1944 - and in 1945 it was impossible to maintain any sort of sanitary - conditions. Rooms which held 300 or 400 persons in 1942 were - filled with 1,000 in 1943, and in the first quarter of 1945 with - 2,000 or more. The rooms could not be cleaned because they were - too crowded and there was no cleaning material. Baths were - available only once a month. Latrine facilities were completely - inadequate. Medicine was almost nonexistent. But I found after - the camp was liberated that there was plenty of medicine in the - SS hospital for all the camp, if it had been given to us for - use. New arrivals at the camp were lined up out of doors for - hours at a time. Sometimes they stood there from morning until - night. It did not matter whether this was in the winter or in - the summer. This occurred all through 1943, 1944, and the first - quarter of 1945. I could see these formations from the window of - the autopsy room. Many of the people who had to stand in the - cold in this way became ill with pneumonia and died. I had - several acquaintances who were killed in this manner during 1944 - and 1945. - - “In October 1944 a transport of Hungarians brought spotted fever - into the camp, and an epidemic began. I examined many of the - corpses from this transport and reported the situation to Dr. - Hintermayer but was forbidden, on penalty of being shot, to - mention that there was an epidemic in the camp. He said that it - was sabotage, and that I was trying to have the camp quarantined - so that the prisoners would not have to work in the armaments - industry. No preventive measures were taken at all. New healthy - arrivals were put into blocks where an epidemic was already - present. Also infected persons were put into these blocks. The - 30th block, for instance, died out completely three times. Only - at Christmas, when the epidemic spread into the SS camp, was a - quarantine established. Nevertheless, transports continued to - arrive. We had 200 to 300 new typhus cases a day and about 100 - deaths from typhus daily. In all we had 28,000 cases and 15,000 - deaths. Apart from those that died from the disease my autopsies - showed that many deaths were caused solely by malnutrition. Such - deaths occurred in all the years from 1941 to 1945. They were - mostly Italians, Russians, and Frenchmen. These people were just - starved to death. At the time of death they weighed 50 to 60 - pounds. Autopsies showed their internal organs had often shrunk - to one-third of their normal size. - - “The facts stated above are true. This declaration is made by me - voluntarily and without compulsion. After reading over the - statement I have signed and executed the same at Nuremberg, - Germany, this 9th day of January 1946.”[1] - - —Signed—“Dr. Franz Blaha. - - “Subscribed and sworn to before me this 9th day of January 1946 - at Nuremberg, Germany. 2d Lieutenant Daniel F. Margolies.” - -MR. DODD: [_Continuing the interrogation._] Dr. Blaha, will you state -whether or not visitors came to the camp of Dachau while you were there? - -BLAHA: Very many visitors came to our camp so that it sometimes seemed -to us that we were not confined in a camp but in an exhibition or a zoo. -At times there was a visit or an excursion almost every day from -schools, from different military, medical, and other institutions, and -also many members of the Police, the SS, and the Armed Forces; also. . . - -THE PRESIDENT: Will you pause so as to give the interpreter’s words time -to come through; do you understand? - -BLAHA: Yes. Also some State personalities came to the camp. Regular -inspections were made month by month by the Inspector General of -Concentration Camps, Obergruppenführer Pohl; also by SS Reichsführer -Professor Grawitz, Inspector of Experimental Stations; Standartenführer -Dr. Lolling; and other personalities. - -MR. DODD: The presiding Justice has suggested that you pause, and it -would be helpful if you paused in the making of your answers so that the -interpreters can complete their interpretation. - -BLAHA: Yes. - -MR. DODD: Are you able to state how long these visits lasted on an -average? - -BLAHA: That depended on the sort of visits being made. Some were inside -for half an hour to an hour, some for 3 or 4 hours. - -MR. DODD: Were there prominent Government people who visited the camp at -any time while you were there? - -BLAHA: While I was there many personalities came to our camp: -Reichsführer Himmler came to Dachau several times and also was present -at the experiments. I was present myself on these occasions. Other -personalities also were there. I myself have seen three ministers of -state, and from political prisoners who were Germans and therefore knew -these people I heard that several other personages visited the camp. I -also twice saw high-ranking Italian officers and once a Japanese -officer. - -MR. DODD: Do you remember the names of any of these prominent Government -people, or do you remember more particularly who any of them were? - -BLAHA: Besides Himmler there was Bormann; also Gauleiter Wagner; -Gauleiter Giesler; State Ministers Frick, Rosenberg, Funk, Sauckel; also -the General of Police Daluege; and others. - -MR. DODD: Did these people whom you have just named take tours around -the camp while you were there? - -BLAHA: Generally the tour through the camp was so arranged that the -visitors were first taken to the kitchen, then to the laundry, then to -the hospital, that is, usually to the surgical station, then to the -malaria station of Professor Schilling and the experimental station of -Dr. Rascher. Then they proceeded to a few “blocks,” particularly those -of the German prisoners and sometimes they also visited the chapel, -which, however, had been fitted up inside for German clergy only. -Sometimes, too, various personalities were presented and introduced to -the visitors. It was so arranged that always, first of all, a “green” -professional criminal was selected and introduced as a murderer; then -the Mayor of Vienna, Dr. Schmitz, was usually presented as the second -one; then a high-ranking Czech officer; then a homosexual; a Gypsy; a -Catholic bishop or other Polish priest of high rank; then a university -professor, in this order, so that the visitors always found it -entertaining. - -MR. DODD: Now did I understand you to name Kaltenbrunner as one of those -visitors there or not? - -BLAHA: Yes, Kaltenbrunner was also present. He was there together with -General Daluege. That was, I believe, in the year 1943. I was also -interested in General Daluege because it was he who, after Heydrich’s -death, had become Protector of Bohemia and Moravia, and I wanted to see -him. - -MR. DODD: Did you see Kaltenbrunner there yourself? - -BLAHA: Yes. He was pointed out to me. I had not seen him previously. - -MR. DODD: Did I understand you mentioned the name Frick as one of those -whom you saw there? - -BLAHA: Yes, it was in the year of 1944, the first half of 1944. - -MR. DODD: Where did you see him? Where in the camp did you see him? - -BLAHA: I saw him from the hospital window as he was entering with his -staff, with several people. - -MR. DODD: Do you see the man whom you saw there that day, by the name of -Frick, in this courtroom now? - -BLAHA: Yes, the fourth man from the right in the first row. - -MR. DODD: I understand you also named the name Rosenberg as one of those -whom you saw there? - -BLAHA: I can recall that it was shortly after my arrival in the -concentration camp at Dachau that there was a visit and it was then that -my German comrades pointed Rosenberg out to me. - -MR. DODD: Do you see that man in this courtroom now? - -BLAHA: Yes. He is the second farther to the left in the first row. - -MR. DODD: I also understood you to name Sauckel as one of those who were -present in the camp. - -BLAHA: Yes, but I did not see him personally; I merely heard that he had -also visited certain factories and armament plants; and that was in -1943, I believe. - -MR. DODD: Was it general knowledge in the camp at that time that a man -named Sauckel visited the camp, and particularly the munition plant? - -BLAHA: Yes, that was general knowledge in the camp. - -MR. DODD: I also understood you to name one of those who visited this -camp as Funk. - -BLAHA: Yes. He was also present at a visit, and I can remember that it -was on the occasion of a state conference of the Axis Powers in Salzburg -or Reichenhall. It was the custom on such occasions, when there was a -Party convention or a celebration in Munich, Berchtesgaden, or Salzburg, -for several personalities to come from the celebrations to Dachau for a -visit. That was also the case with Funk. - -MR. DODD: Did you personally see Funk there? - -BLAHA: No, I did not see Funk personally; I merely heard that he was -there. - -MR. DODD: Was that general knowledge in the camp at that time? - -BLAHA: Yes. We knew beforehand that he was to come. - -MR. DODD: Were there any visits after the end of the year 1944, or in -the months of 1945? - -BLAHA: There were some visits still, but very few, because there was a -typhus epidemic in the camp at that time and quarantine was imposed. - -MR. DODD: Doctor, you are now director of a hospital in Prague, are you -not? - -BLAHA: Yes. - -MR. DODD: I have no further questions to ask of the witness. - -THE PRESIDENT: Do any other counsel for the Prosecution wish to ask any -questions? Colonel Pokrovsky? [_Colonel Pokrovsky indicated assent._] We -will adjourn for a 10-minute recess. - ------ - -[1] The last paragraph of this affidavit appears in the English -translation signed by Dr. Blaha but not in the original German version. - - [_A recess was taken._] - -COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): I -would like permission to ask this witness several questions. - -[_Turning to the witness_]: Tell us, witness, do you know what was the -particular purpose of the concentration camp at Dachau; was it really, -so to speak, a concentration camp of extermination? - -BLAHA: Until the year 1943 it was really an extermination camp. After -1943 a good many factories and munition plants were established, also -inside the camp, particularly after the bombardments started, and then -it became more of a work camp. But as far as the results are concerned -there was no difference, because the prisoners had to work so hard while -going hungry that they died from hunger and exhaustion instead of from -beatings. - -COL. POKROVSKY: Must I understand you this way, that, in fact, both -before 1943 and after 1943 Dachau was a camp of extermination and that -there were different ways of extermination? - -BLAHA: That is so. - -COL. POKROVSKY: How many, according to your own observations, went -through this camp of extermination, Dachau; how many internees came -originally from the U.S.S.R., how many passed through the camp? - -BLAHA: I cannot state that exactly, only approximately. First, after -November 1941, there were exclusively Russian prisoners of war in -uniform. They had separate camps and were liquidated within a few -months. In the summer of 1942, those who remained of these—I believe -there were 12,000 prisoners of war—were transported to Mauthausen; and, -as I learned from the people who came from Mauthausen to Dachau, they -were liquidated in gas chambers. - -Then, after the Russian prisoners of war, Russian children were brought -to Dachau. There were, I believe, 2,000 boys, 6 to 17 years old. They -were kept in one or two special blocks. They were assigned to -particularly brutal people, the “greens,” who beat them at every step. -These young boys also. . . - -COL. POKROVSKY: What do you mean when you refer to the “greens”? - -BLAHA: Those were the so-called professional criminals. They beat these -young boys and gave them the hardest work. They worked particularly in -the plantations where they had to pull ploughs, sowing machines, and -street rollers instead of horses and motors being used. Also in all -transport Kommandos Russian children were used exclusively. At least 70 -percent of them died of tuberculosis, I believe, and those who remained -were then sent to a special camp in the Tyrol in 1943 or the beginning -of 1944. - -Then after the children, several thousand so-called Eastern Workers were -killed. These were civilians who were removed from the Eastern -territories to Germany and then because of so-called work-sabotage were -put into concentration camps. In addition there were many Russian -officers and intellectuals. - -COL. POKROVSKY: I would like to ask you to be more exact in your answers -in regard to those people whom you call “greens.” Did I correctly -understand you when you said that those criminals had the task of -supervising those internees arriving at the camp? - -BLAHA: Yes. - -COL. POKROVSKY: And these professional criminals were given complete -charge of the children, and they beat and ill-treated these children of -Soviet citizens and put them to work far beyond their strength, so that -they became tubercular? - -BLAHA: Yes. - -COL. POKROVSKY: What do you know about the executions of the citizens of -the U.S.S.R. which were carried out in this camp? - -BLAHA: I believe I am not far from the truth when I say that of all -those executed, at least 75 percent were Russians, and that women as -well as men were brought to Dachau from outside to be executed. - -COL. POKROVSKY: Can you give us more details in regard to the execution -of 94 high field and staff officers of the Red Army, which you already -spoke about in reply to the question of my colleague? Who were these -officers, and what rank did they hold? What were the reasons for their -execution? Do you know anything at all about it? - -BLAHA: In the summer or late spring of 1944 high-ranking Russian -officers—generals, colonels, and majors—were sent to Dachau. During -the following weeks they were examined by the political department; that -is to say, after each interrogation they were brought to the camp -hospital in a completely battered condition. I myself saw and knew well -some who for weeks had to lie on their bellies, and we had to remove by -surgical operation parts of their skin and muscles which had become -mortified. Many succumbed to these methods of investigation. The others, -94 people in number, were then brought to the crematory in the beginning -of September 1944 on orders from the RSHA in Berlin and there, while on -their knees, shot through the neck. - -In addition, in the winter and spring of 1945 several Russian officers -were brought from solitary confinement to the crematory and there either -hanged or shot. - -COL. POKROVSKY: I would like to ask you the same kind of question about -the execution of the 40 Russian students. It is possible for you to give -us a few details about the execution? - -BLAHA: Yes, those Russian students and intellectuals—I can recall that -a doctor was also among them—were brought from the Moosburg Camp to -Dachau, and after 1 month they were all executed. That was in March of -1944. - -COL. POKROVSKY: Do you happen to know what the reason was for their -execution? - -BLAHA: The order for it came from Berlin. We did not get to know the -reason, because I saw the bodies only after the execution and the reason -was read aloud before the execution took place. - -COL. POKROVSKY: This execution produced the impression that it was one -of the stages of the general plan for extermination of the people who -entered Dachau? - -BLAHA: Yes. It was easy to see that these executions, these transports -of invalids, and the way epidemics were dealt with, were all part of the -general plan for extermination; and particularly, and this I must -emphasize, it was the Russian prisoners who were always treated the -worst of all. - -COL. POKROVSKY: Would you be so kind as to say what is known to you in -regard to those internees who were in the “Nacht und Nebel” (night and -fog) category? Were there many of these internees? Do you know the -reason why they were sent to the concentration camp? - -BLAHA: Many so-called Nacht und Nebel prisoners came to the -concentration camp. The people so designated were mostly from the -western countries of Europe, particularly Frenchmen, Belgians, and -Dutchmen. The Russian people—and this was also the case with the Czechs -and also in my own case—frequently had the designation “return -undesirable.” This actually meant the same. Shortly before the -liberation many of these people were executed on the order of the camp -commander, that is, shot in front of the crematory. Many of these -people, particularly the French and Russians, were serious cases of -typhus and with a temperature of 40 degrees were carried on stretchers -to the rifle range. - -COL. POKROVSKY: It seems to me that you mentioned something about a -considerable number of prisoners who died of starvation. Could you tell -me how large that number was—the number of people who died of -starvation? - -BLAHA: I believe that two-thirds of the entire population of the camp -suffered from severe malnutrition and that at least 25 percent of the -dead had literally died of starvation. It was called in German -“Hungertyphus.” Apart from that, tuberculosis was the most widespread -disease in the camp and it spread also because of malnutrition. Most of -its victims were Russians. - -COL. POKROVSKY: It seems to me that you said, answering the question of -my colleague, that the majority of those who died of starvation and -exhaustion were French, Russians, and Italians. How do you account for -the fact that in just these categories of internees more people died -than in other categories? - -BLAHA: Yes. - -COL. POKROVSKY: How do you explain that especially Russians, French, and -Italians made up the largest number of those people who died from -starvation? Was there any difference in the feeding of internees of the -different nationalities, or was there some other reason? - -BLAHA: It was like this: The others, the Germans, Poles, and Czechs, who -had already been in the camp for some time, had had time, if I may say -so, to adjust themselves to camp conditions, physically I mean. The -Russian deteriorated rapidly. The same was true of the French and the -Italians. Moreover, these nationals for the most part arrived from other -camps suffering from malnutrition so that they then soon fell easy prey -to the other epidemics and diseases. Also, the Germans, Poles, and many -others who worked in the armaments industry had since the year 1943 been -able to get parcels from home. That, of course, was not the case with -citizens of Soviet Russia, France, or Italy. - -COL. POKROVSKY: Can you answer the question about what Rosenberg, -Kaltenbrunner, Sauckel, or Funk saw when they were in the Dachau -Concentration Camp? Do you know what they saw and what was shown them? - -BLAHA: I had no opportunity of seeing what happened during these visits. -Only on very rare occasions did one have the opportunity of seeing these -visitors from the window and observing where they went. I seldom had the -opportunity to be present as I was in the case of Himmler’s visits and -those of Obergruppenführer Pohl and once on the occasion of Gauleiter -Giesler’s visit, when they were shown the experiments or the patients in -the hospital. As to the others I do not know what they individually saw -and did in the camp. - -COL. POKROVSKY: Perhaps you had an opportunity of observing the length -of the visit of those people in the camp, whether the visit was -short—just for a few moments—or whether they stayed there a long time. -I have in mind Rosenberg, Kaltenbrunner, Sauckel, and Funk. - -BLAHA: That varied. Many visitors were there for half an hour, many, as -I said before, spent as many as 3 hours there. We were always able to -observe that quite well because at those times no work could be done, -nor was food distributed. We did not carry on our work in the hospital -and had to wait until the signal was given to us that the visitors had -left the camp. Apart from that I had no means of knowing how long these -visits in the camp lasted in the individual cases. - -COL. POKROVSKY: Can you recall the visit of Kaltenbrunner, Rosenberg, -Funk, and Sauckel? On the basis of what you said just now could you -state whether they were brief visits or whether those people stayed -there for several hours? Did you understand my question or not? - -BLAHA: Unfortunately, I cannot make a statement on that because, as I -said, the visits took place so frequently that I have difficulty, after -all these years, in recalling whether they lasted for a short or longer -time. Many visits, for instance, from schools—from the military and -police schools—lasted a whole day. - -COL. POKROVSKY: Thank you. I have no further questions of this witness -at this stage of the sitting. - -M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic): You -alluded to a convoy of deported French people who came from Compiègne, -of whom only 1,200 survivors arrived. Were there any other convoys? - -BLAHA: Yes. There were transports, particularly from Bordeaux, Lyon, and -Compiègne, all in the first half of 1944. - -M. DUBOST: Were all the transports carried out under the same -conditions? - -BLAHA: The conditions under which these transports were made were, if -not the same, at any rate very similar. - -M. DUBOST: Each time you were able to see on arrival that there were -numerous victims? - -BLAHA: Yes. - -M. DUBOST: What were the causes of death? - -BLAHA: The deaths were caused by the fact that too many people were -packed into the cars, which were then locked, and that they did not get -anything to eat or drink for several days. Usually they starved or -suffocated. Many of those who survived were brought to the camp -hospital, and of these a large number died from various complications -and diseases. - -M. DUBOST: Did you make autopsies on the people who died while en route? - -BLAHA: Yes, particularly for the transport from Compiègne my services -were demanded because the rumor was spread that the French Maquis and -Fascists had attacked and killed each other in the cars. I had to -inspect these corpses, but in no case did I find any signs of violence. -Moreover, I took 10 corpses as a test, dissected them thoroughly and -sent special reports on them to Berlin. All these people had died of -suffocation. I was also able to note during the autopsy that these were -prominent people of France. I could tell from their identity papers and -uniforms that they were high-ranking French officers, priests, deputies, -and well-nourished people who had been taken direct from civilian life -to the cars and sent to Dachau. - -M. DUBOST: After the reports which you sent to Berlin did the conditions -under which the transports were made remain the same? - -BLAHA: Nothing happened, as usual. Always long reports were written but -conditions did not improve at all. - -M. DUBOST: You indicated that some French generals had been put to death -shortly before the liberation of the camp. Do you know the names of -these generals? - -BLAHA: Unfortunately I have forgotten these names. I can remember only -what I was told by the prisoners who were kept in the bunkers with -them—that they were the prominent personalities from Germany and other -countries: Pastor Niemöller was there, also a French prince, Schuschnigg -was there too, and members of the French Government and many others. I -was told that one of the generals who had been shot was a close relative -of General De Gaulle. Unfortunately I have forgotten his name. - -M. DUBOST: If I understood you correctly, these generals were prisoners -of war who had been transported to this concentration camp? - -BLAHA: These two generals were not in the concentration camp. They were -kept, along with the other prominent personalities, in the so-called -“Kommandantur-Arrest,” that is, in the bunker separated from the camp. -On various occasions when they needed medical attention I came into -contact with them, but that was very seldom. Otherwise they did not come -into contact with the other prisoners at all. - -M. DUBOST: Did they belong to the category of deported people whose -“return was undesirable” or were they in the Nacht und Nebel category? - -BLAHA: I do not know. It was 2 days previously that all the others who -were kept in the bunker were sent by special transport to the Tyrol. -That was, I believe, a week or 8 days before the liberation. - -M. DUBOST: You indicated that numerous visitors, German military men, -students, political men, often toured the camp. Can you say if any -ordinary people, like workers or farmers, knew what was going on in this -camp? - -BLAHA: In my opinion, the people who lived in the neighborhood of Munich -must have known of all these things, because the prisoners went every -day to various factories in Munich and the neighborhood; and at work -they frequently came into contact with the civilian workers. Moreover, -the various suppliers and consumers often entered the fields and the -factories of the German armament works and they saw what was done to the -prisoners and what they looked like. - -M. DUBOST: Can you say in what way the French were treated? - -BLAHA: Well, if I said that the Russians were treated worst of all, the -French were the second in order. Of course, there were differences in -the treatment of individual persons. The Nacht und Nebel prisoners were -treated quite differently; likewise the prominent political -personalities and the intellectuals. That was so for all nationalities. -And the workers and peasants also were treated differently. - -M. DUBOST: If I understood correctly, the treatment reserved for the -French intellectuals was particularly rigorous. Do you remember the -treatment inflicted on some French intellectuals and can you tell us -their names? - -BLAHA: I had many comrades among the physicians and university -professors who worked with me in the hospital. Unfortunately a large -number of them died of typhus. Most of the French, in fact, died of -typhus. I remember best of all Professor Limousin. He arrived in very -poor condition with the transport from Compiègne. I took him into my -department as assistant pathologist. Then I also knew the Bishop of -Clermont-Ferrand. There were other physicians and university professors -whom I knew. I remember Professor Roche, Dr. Lemartin, and many -others—I have forgotten their names. - -M. DUBOST: In the course of the conversations which you had with Dr. -Rascher were you informed of the purpose of these experiments? - -BLAHA: I didn’t understand the question, excuse me please. . . - -M. DUBOST: Were you informed of the purpose of the medical and -biological experiments made by Dr. Rascher in the camp? - -BLAHA: Well, Dr. Rascher made exclusively so-called Air Force -experiments in the camp. He was a major in the Air Force and was -assigned to investigate the conditions to which parachutists were -subjected and, secondly, the conditions of those people who had to make -an emergency landing on the sea or had fallen into the sea. According to -scientific standards, insofar as I can judge, this was all to no -purpose. Like all the other experiments, it was simply useless murder; -and it is amazing that learned university professors and physicians, -particularly, were capable of carrying out these experiments according -to plan. These experiments were much worse than all the liquidations and -executions, because all the victims of these experiments simply had -their suffering prolonged, as various medicines such as vitamins, -hormones, tonics, and injections, which were not available for the -ordinary patients, were provided for these patients so that the -experiments might last longer and give those people more time to observe -their victims. - -M. DUBOST: I am speaking now of the experiments of Dr. Rascher only. Had -he received the order to make these experiments or did he make them on -his own initiative? - -BLAHA: These experiments were made on Himmler’s direct orders; also, Dr. -Rascher had close relations with Himmler and was like a relative of his. -He visited Himmler very often and Himmler visited Dr. Rascher several -times. - -M. DUBOST: Have you any information as to the kind of physicians who -were making these experiments? Were they always SS men or were they -members of medical faculties of universities who, however, did not -belong to the SS? - -BLAHA: That varied. For example, the malaria station was under the -direction of Professor Klaus Schilling of the Koch Institute in Berlin. -The Phlegmone station also had several university professors. The -surgical station was manned solely by SS doctors. In the Air Force -station there were exclusively SS and military doctors. It differed. Dr. -Bleibeck from Vienna conducted the experiments with sea water. - -M. DUBOST: Were the experiments for the Luftwaffe made on the order of -Himmler only? - -BLAHA: Himmler. - -M. DUBOST: Do you know—this is the last question—how many Frenchmen -passed through this camp? - -BLAHA: I believe at least eight or ten thousand people arrived at the -camp. Furthermore, I know very well that, particularly during the last -period, several thousand French prisoners marched on foot from the -western camps, especially from Natzweiler, Struthof, _et cetera_, and -that only very small remnants of these ever reached Dachau. - -M. DUBOST: Thank you. - -THE PRESIDENT: Can you tell us to what branches of the German service -those who were employed at the camp belonged? - -BLAHA: If I understood you correctly, the highest authority on -everything going on in the camp was the so-called Security Main Office -in Berlin. All demands and directives came from Berlin; also the -experimental stations received a definite quota of subjects for the -experiments and the numbers were fixed by Berlin. If the doctors making -the experiments needed a larger number, new requests had to be sent to -Berlin. - -THE PRESIDENT: Yes, but what I want to know is to what branch of the -service the men belonged who were employed in the camp. - -BLAHA: They were all SS men and most of them from the SD. During the -last days, at the very end, a few members of the Armed Forces were there -as guards but the men in charge were entirely SS men. - -THE PRESIDENT: Were there any of the Gestapo there? - -BLAHA: Yes, that was the so-called political department, which was -directed by the chief of the Munich Gestapo. It had control of all the -interrogations and regulations, and it proposed the executions, -transports, and transports of invalids. Also, all the people who were -provided for the experiments had to be approved by the political -department. - -THE PRESIDENT: Do any of the defendants’ counsel want to cross-examine -the witness? - -DR. SAUTER: Witness, you told us that at one time the Defendant Funk -also was at Dachau, and you informed us, if I understood you correctly, -that this happened on the occasion of some celebration or state -conference between the Axis Powers. Please think back a little and tell -us when that was approximately. Perhaps—just a moment—perhaps you -could tell us the year, maybe also the season, and perhaps you could -also state which political celebration it was. - -BLAHA: As far as Funk is concerned, I can remember that it was, I -believe, a conference of finance ministers. The papers had announced -that it would take place and we were informed beforehand that some of -the ministers would come to Dachau. Such a visit was actually made a few -days afterwards, and it was said that Minister Funk was among the -visitors. It was, I believe, during the first half of the year 1944. I -cannot say that with absolute certainty. - -DR. SAUTER: You mean to say: during the first half of 1944, on the -occasion of a conference of finance ministers? - -BLAHA: Yes. - -DR. SAUTER: Where did that conference take place? - -BLAHA: If I remember correctly—I didn’t write that down, of -course—that was either in Salzburg or Reichenhall or Berchtesgaden, -somewhere in the neighborhood of Munich, I believe. - -DR. SAUTER: From whom did you learn at that time that on the next day, -or the day after, high-ranking visitors would arrive? - -BLAHA: We always received an order to prepare for such a visit. -Elaborate preparations were always made; everything was cleaned up; -everything had to be in order, as you will understand; and those people -whose presence might be undesirable or those who, in a certain sense, -might be dangerous, had to disappear. Thus, whenever such high-ranking -visitors were announced we always received an order from the camp -headquarters 1 or 2 days beforehand; and, also these visitors were -always accompanied by the camp commander. - -DR. SAUTER: By the camp commander? Now, if you know that the Defendant -Funk was there and people talked about it, then I think they would have -mentioned also what other persons were present at this visit made by the -Defendant Funk. - -BLAHA: I cannot remember. There were always several important persons. - -DR. SAUTER: The rest do not interest me. I am interested only in knowing -whether or not at that particular visit, which was said to have been -made by Funk, word was passed around the camp that such and such -personalities were with him? - -BLAHA: I cannot remember that now. - -DR. SAUTER: You cannot remember. Can you remember afterwards, perhaps on -the next day or the day after, something was said perhaps by people who -had seen the visitors? - -BLAHA: Yes, we always discussed that, but now I can no longer remember -which personalities were mentioned. - -DR. SAUTER: Witness, I am not interested in any other visit, but in this -specific visit, as long as I do not say anything to the contrary. In -this case I should like to know whether or not anything at all was said -later on about the persons who were there with Funk. - -BLAHA: That I do not know; there were so many visits. For instance, -after one visit, the very next day already another visit would be -announced. - -DR. SAUTER: Now, you do also remember the visit that Funk made. Well, if -other finance ministers were there, one would think that you would -recall these other persons also. - -BLAHA: I cannot remember that. It may be that the people with whom I -talked did not know who these other persons were. - -DR. SAUTER: Do you know why, or to put it differently, which departments -of the camp were visited on the occasion when Funk was supposed to have -made this visit. At any rate he did not come to you. - -BLAHA: No; he did not come to the pathological department. - -DR. SAUTER: He did not. But you were also prepared? - -BLAHA: Yes. All departments had always to be prepared, even if no -visitors came. It also happened at times that a visit was announced, and -then, for one reason or another, nothing came of it. - -DR. SAUTER: Witness, as regards these observations of yours that you -have related to us today, have you been interrogated in regard to them -many times already? - -BLAHA: I was interrogated on these matters for the first time before the -military court at Dachau. - -DR. SAUTER: Did you also at that time say that Funk had been there? I -repeat, did you before the military court at Dachau say anything to the -effect that Funk had been present? - -BLAHA: Yes, I said the same thing before the court at Dachau. - -DR. SAUTER: About Funk? - -BLAHA: Also about Funk. - -DR. SAUTER: But is it true, Witness? I ask again whether it is really -true, because you are here as a witness under oath. - -BLAHA: Yes. - -DR. SAUTER: You were interrogated also the day before yesterday? - -BLAHA: Yes. - -DR. SAUTER: Did you, at that time, also make these statements about -Funk? - -BLAHA: I said the same thing at the interrogation conducted by the -Prosecution. - -DR. SAUTER: Is that also in the record which I believe you signed? - -BLAHA: I signed no record. - -DR. SAUTER: You signed no record? - -BLAHA: No; I simply signed what was read by the Prosecution. - -DR. SAUTER: Well, that is a record. - -BLAHA: Yes, but in that record there is no mention of these visits. - -DR. SAUTER: Why then didn’t you mention these visits the day before -yesterday? - -BLAHA: I was asked about it orally, and the prosecutor told me that -these matters would be taken up orally in the courtroom. - -DR. SAUTER: Were you then also told where the defendants sit in the -courtroom? - -BLAHA: No. Before the military court I was shown all the pictures. . . - -DR. SAUTER: Aha! - -BLAHA: And I was asked to identify to the court the various people. I -identified the three of whom I said today that I had seen them in -person. Funk and others I did not name. - -DR. SAUTER: You did not name Funk? - -BLAHA: I did not say that I had personally seen him or that I could -identify him. - -DR. SAUTER: But when the pictures were shown to you did you see the -defendants in the pictures? - -BLAHA: Yes. - -DR. SAUTER: Now, if I understand you correctly, you knew today where, -for instance, Funk or Frick or anyone else was sitting? - -BLAHA: Funk I do not know personally, because I did not see him at that -time. - -DR. SAUTER: Were you not told when the pictures were shown to you at -Dachau, “This is Funk; look at him; do you know him”? - -BLAHA: No; that was done quite differently. - -DR. SAUTER: How? - -BLAHA: All the pictures were shown to me and I was asked to say which of -these individuals I had seen at the Dachau camp. Of these people I named -these three. There was no further discussion whatsoever in regard to the -other pictures. - -DR. SAUTER: Well, Dr. Blaha, when your hearing started and you were -questioned by the President or by the prosecutor, you made a statement, -I believe, in the Czech language. - -BLAHA: No. - -DR. SAUTER: What then? - -BLAHA: In the German language. - -DR. SAUTER: No; everyone heard that that was not German, but it was -obviously Czech. - -BLAHA: The first sentence only. - -DR. SAUTER: The first sentences? Well, now, as it will in any case come -into the court transcript for practical purposes, I ask you to state and -to repeat quite literally, giving the true sense, that which you said -then, because we are interested in that from the point of view of the -Defense. - -BLAHA: I believe that it was included in the transcript because an -English translation was added to my statement. - -DR. SAUTER: No, I do not believe that Czech is being translated. But -anyhow please repeat it. We did not hear it. - -BLAHA: Yes. I said that I was ready, since it is technically impossible -to use my native Czech tongue in the hearing, to give my testimony in -German, because I have lived in German surroundings through all these -events which occurred during the last 7 years and which are now the -subject of this Trial. Moreover, the special and new expressions -referring to life in the camp can be found only in German, and in no -other dictionary can one find such suitable and expressive terms as in -the German language. - -DR. SAUTER: Then, Mr. President, I have no further questions. Thank you. - -DR. THOMA: Witness, were the inmates of the Concentration Camp Dachau -bound to secrecy? - -BLAHA: No. Of course, if someone was discharged from the camp by the -Gestapo—those cases were few and far between, particularly in the case -of the Germans, who were then drafted—one had to sign a so-called -pledge of secrecy. - -DR. THOMA: Could the inmates of the camp, those inside the camp, who -worked on farms, _et cetera_, talk to the other workers about conditions -in the camp? - -BLAHA: Yes, there were opportunities, because the people worked in the -same rooms and factories with other workers—civilian workers. That was -the case in the German armament industry, in the fields, and in all -factories in Munich and the surroundings. - -DR. THOMA: If I understood you correctly, you said previously that -visitors, people who delivered things, and customers, also had an -opportunity of observing these conditions in the camp without -difficulty. - -BLAHA: Yes. Many of these people had access everywhere, in the fields as -well as in the various factories, and could observe what life was like -in these places. - -DR. THOMA: And what did they see there in the way of atrocities and -ill-treatment, and so forth? - -BLAHA: I believe they saw how the people worked, what they looked like -and what was produced there. For instance, I can remember one example of -what they saw quite well. At that time I was working in the fields. We -were pulling a heavy street roller, 16 men, and a group of girls passed -who were on an excursion. When they passed, their leader said very -loudly, so that we all could hear it, “Look, those people are so lazy -that rather than harness up a team of horses they pull it themselves.” -That was supposed to be a joke. - -DR. THOMA: Witness, when did you first have occasion, after your -liberation from the concentration camp, to tell outside people about -those horrible atrocities which you related to us today? - -BLAHA: I did not understand that; please repeat. - -DR. THOMA: When did you first have an opportunity, after your discharge -or liberation from the concentration camp, of telling an outsider about -these horrible atrocities? - -BLAHA: Immediately after the liberation. I was at that time, as chief -physician of the concentration camp, interrogated by the American -investigating corps; and it was to this corps that I told this story for -the first time, and I also gave them various proofs—diagrams, and the -medical records which I had saved from being burnt. - -DR. THOMA: That prosecutor believed the information you gave without -further ado? - -BLAHA: Yes. - -DR. THOMA: Witness, you said that the Defendant Rosenberg was pointed -out to you in the Concentration Camp Dachau shortly after you arrived -there. - -BLAHA: Yes. - -DR. THOMA: When was that? - -BLAHA: In the year 1941; first half of 1941. - -DR. THOMA: First half? - -BLAHA: I believe so, yes. - -DR. THOMA: Can you perhaps remember the month? - -BLAHA: I cannot remember. I arrived in April; I believe it was between -April and July or something like that. - -DR. THOMA: From April to July 1941? - -BLAHA: I believe so. - -DR. THOMA: Was Rosenberg at that time in uniform? - -BLAHA: He was in uniform. - -DR. THOMA: In what uniform? - -BLAHA: I believe it was an SS uniform. - -DR. THOMA: SS uniform? - -BLAHA: It was a—I cannot say that very precisely—but he was in -uniform. - -DR. THOMA: All right, you remember _prima facie_ that it was an SS -uniform, that is, a black uniform? - -BLAHA: No, at that time the SS no longer wore the black uniform, because -after the beginning of the war they wore field uniforms and other -similar uniforms. - -DR. THOMA: Then, you assume it was a gray uniform? - -BLAHA: Something like that; whether it was gray or yellow or brown I -don’t remember any more. - -DR. THOMA: That is just the point: whether it was gray, brown, or -yellow. Was it a field uniform? - -BLAHA: I do not know because from 1939 I was in the concentration camp, -and I am not at all familiar with the various German uniforms, ranks, -and branches of the Army, and so forth. - -DR. THOMA: But you just said that during the war they changed the -uniform. - -BLAHA: Yes, the men in the Gestapo also changed theirs. When I was -arrested in 1939, all Gestapo personnel wore this black uniform. Then, -after the war broke out most of them wore either green or gray uniforms. - -DR. THOMA: May I ask you again: Did Rosenberg wear a wartime uniform or -a peacetime uniform? - -BLAHA: I believe it was a wartime uniform. - -DR. THOMA: Wartime uniform? The Defendant Rosenberg was pointed out to -you by another comrade, wasn’t he? - -BLAHA: Yes. - -DR. THOMA: At what distance? - -BLAHA: Well, he was just going down the camp street. That was perhaps 30 -or 40 degrees. - -DR. THOMA: Thirty or forty metres you mean? - -BLAHA: Well, 30 metres; 30 paces I wanted to say, 30 or 40 paces. - -DR. THOMA: And had you previously seen photographs of Rosenberg? Did you -already have an idea of what Rosenberg looked like? - -BLAHA: Yes. - -DR. THOMA: And when this comrade showed you Rosenberg, was it then -necessary for him to say, “This is Rosenberg”? Didn’t you recognize him -already from having seen him in the photographs which you had -previously. . . - -BLAHA: I cannot remember that. But when he showed him to me I remembered -that I knew him already from the various pictures in the newspapers. - -DR. THOMA: May I ask you to describe the incident precisely? How it -happened; where you were standing; where Rosenberg came from; and who -was in his company. - -BLAHA: Who was in his company? I knew only the camp commander. - -DR. THOMA: Who was the camp commander at that time? - -BLAHA: Pierkowski was camp commander, Sturmbannführer Pierkowski. - -DR. THOMA: Do you know whether he is still alive? - -BLAHA: No, I don’t. - -DR. THOMA: The camp commander? - -BLAHA: Pierkowski. Then the Lagerführer Ziel and Hoffmann, I knew them. - -DR. THOMA: Now were you in your room and looking out of the window? - -BLAHA: No, we were in one of the so-called “block” streets. This led -into another street along which the visitors passed. - -DR. THOMA: And what was said to you? - -BLAHA: “Look, there goes Rosenberg.” - -DR. THOMA: Was Rosenberg alone? - -BLAHA: No, he was with the other persons. - -DR. THOMA: That is to say, only with the camp commander? - -BLAHA: No, there were many other people with him. - -DR. THOMA: That is to say, he had an escort, a staff? - -BLAHA: Yes. - -DR. THOMA: Members of Rosenberg’s staff? - -BLAHA: I don’t know whether that was Rosenberg’s staff, but there were a -number of persons. - -DR. THOMA: A number of persons? Witness, the Defendant Rosenberg assures -me most definitely that he has never been to the concentration camp at -Dachau. Is it possible that there has been a mistake? - -BLAHA: I believe I am not mistaken. Besides the German in question knew -Rosenberg very well, I believe. - -DR. THOMA: How do you know that? - -BLAHA: Because he told me so definitely. Otherwise, I have no way of -knowing that. - -THE PRESIDENT: Dr. Thoma. - -DR. THOMA: Yes. - -THE PRESIDENT: You will forgive me if I point out to you that this is -intended to be an expeditious trial and that it is not right to take up -too much time upon small points like this. - -DR. THOMA: My Lord, I ask your permission to remark that the question of -whether or not Rosenberg was in the concentration camp is of decisive -importance. I thank you. - -DR. OTTO PANNENBECKER (Counsel for Defendant Frick): The Defendant Frick -states that he has never been in Dachau Camp. Therefore, in order to -clarify the facts I should like to ask the following questions: - -Witness, at what distance do you believe you saw Frick? - -BLAHA: I saw him from the window as he passed with a number of people. - -DR. PANNENBECKER: Did you know Frick before? - -BLAHA: Yes, from pictures. - -DR. PANNENBECKER: From pictures? Did you recognize him yourself or did -some friend tell you that it was Frick? - -BLAHA: A number of us saw him and I looked at him particularly, because -at that time he was already Protector of Bohemia and Moravia. For that -reason I had a personal interest in recognizing him. - -DR. PANNENBECKER: Did Frick wear a uniform? - -BLAHA: I do not believe so. - -DR. PANNENBECKER: Did you recognize anybody who was with him, anyone -from his staff or from the camp command? - -BLAHA: I did not know his staff. From the camp command there was Camp -Commander Weiter. Camp Commander Weiter, and his adjutant, Otto. - -DR. PANNENBECKER: Could you name anyone of your comrades who also -recognized him? - -BLAHA: There were many comrades of mine who at that time were standing -at the window. Unfortunately, I cannot say who they were, because, as -you will understand, life in the concentration camp was so full of -incidents that one could not record these things accurately in one’s -memory. One remembers only the more important events. - -DR. PANNENBECKER: Did you recognize him at once of your own accord when -he passed by, or had it been mentioned previously that Frick was -expected? - -BLAHA: No, it was not mentioned then. We simply heard that a -high-ranking visitor was expected, and we were waiting for this -high-ranking visitor. We were not told beforehand who it would be. - -DR. PANNENBECKER: Did you recognize Frick immediately when you came into -the courtroom, or did you know beforehand that he was sitting in the -fourth seat here? - -BLAHA: No, I recognized him easily, because I have already seen him many -times in various pictures, and because he is a well-known person in -Bohemia and Moravia. - -DR. PANNENBECKER: You believe then that there can be no question of any -error. - -BLAHA: I don’t think so. - -DR. PANNENBECKER: May I then ask the Court whether Frick himself may -take the stand to testify that he has never seen Dachau Camp? I want to -make this motion now so that, if necessary, the witness might be -confronted with Frick. - -THE PRESIDENT: Counsel for the defendants will understand that they will -have the opportunity, when it comes to their time to present their -cases, to call all the defendants, but they will not have an opportunity -of calling them now. They will have to wait until the case for the -Prosecution is over and they will then have an opportunity, each of -them, to call the defendant for whom they appear, if they wish to. - -DR. PANNENBECKER: I simply thought, that as the witness is available -now. . . - -[_Dr. Kubuschok approached the lectern._] - -THE PRESIDENT: It is now 5:00 o’clock and unless you are going to be -very short . . . are you going to be very short? - -DR. EGON KUBUSCHOK (Counsel for the Reich Cabinet): Yes, Sir. - -[_Turning to the witness._] Witness, you said that when prominent -visitors came to the camp, for instance, Reich ministers, extensive -preparations were made beforehand. You also said that undesirable -persons were removed. Maybe you could supplement that statement. I am -interested to know what the purpose of these preparations was. - -BLAHA: I meant that everything had to be in order. In our infirmary all -the patients had to lie in bed quietly, everything was washed and -prepared; the instruments were polished, as is usually the case for -high-ranking visitors. We were not allowed to do anything—no -operations; no bandages nor food were given out before the visit had -terminated. - -DR. KUBUSCHOK: Could you perhaps tell me which undesirable persons were -to be removed, as you said before? - -BLAHA: Well, the Russians especially were always kept strictly in their -blocks. It was said that they were afraid of possible demonstrations, -assassinations, _et cetera_. - -DR. KUBUSCHOK: Were prisoners kept out of sight because they showed -outward signs of ill-treatment? - -BLAHA: It goes without saying that before the visitors nobody was -struck, beaten, hanged, or executed. - -DR. KUBUSCHOK: To sum up, the purpose of these preparations was to -prevent the guests from seeing the concentration camp as it really was. - -BLAHA: From seeing the cruelties. - -DR. KUBUSCHOK: Thank you. - -THE PRESIDENT: The Court will not sit in open session tomorrow, -Saturday, and will only sit in the morning on Monday, because there is -work to be done in the closed session tomorrow and on Monday afternoon. -I thought it would be convenient for counsel to know that. - -The Court will now adjourn. - - [_The Tribunal adjourned until 14 January 1946 at 1000 hours._] - - - - - THIRTY-THIRD DAY - Monday, 14 January 1946 - - - _Morning Session_ - -THE PRESIDENT: Would you have the witness brought in? I think one of the -defendants’ counsel was about to cross-examine him. - -[_The witness, Blaha, took the stand._] - -HERR LUDWIG BABEL (Counsel for the SS and SD): I would like to put to -the witness a few practical questions which I think necessary both for a -better understanding of the earlier testimony of the witness and for my -own information. - -The witness was in the concentration camp from 1941 to 1945 and should -be well informed on conditions as they were. His memory, as is evident -from his previous statements, seems to be excellent. - -[_Turning to the witness._] - -Do you know how the proportion of political and criminal inmates changed -during the various periods? What were the approximate figures of -political and criminal inmates in Dachau? - -BLAHA: In Dachau it varied. There were political prisoners, professional -criminals, and the so-called black or asocial elements. I am, of course, -speaking only of the German prisoners; the inmates of other nations were -all political prisoners. Only the German inmates were divided into red, -green, and black prisoners. The great majority of Germans were political -prisoners. - -HERR BABEL: Can you indicate the approximate proportion? A quarter, a -half, or three-quarters? - -BLAHA: I am sorry, I didn’t hear you. - -HERR BABEL: Can you give figures? How many were political -prisoners—half, three-quarters, or how many? Can you give an -approximate number? - -BLAHA: I would say that of 5,000 German prisoners, 3,000 were political -and 2,000 were green and black prisoners. - -HERR BABEL: Was that the proportion during the whole 4- or 5-year -period? - -BLAHA: It changed; because many died, some Germans left, many were -drafted, and there were many new arrivals. In the last years there were -more and more political prisoners, because many of the green prisoners -were drafted to the front. - -HERR BABEL: What approximately was the total number in 1941, 1943, and -1945? - -BLAHA: Do you mean the total number of prisoners? - -HERR BABEL: Yes, the total number. - -BLAHA: We had 8,000 to 9,000 in 1941; in 1943 there were 15,000 to -20,000; and between the end of 1944 and the beginning of 1945 we had -more than 70,000 or 80,000. - -HERR BABEL: Another question: You mentioned that at first you worked in -the plantations. What did you mean by plantations? - -BLAHA: The plantations were a large estate of the SS, in which spices, -medical herbs, and things of that sort were raised. - -HERR BABEL: Was this plantation inside the camp? - -BLAHA: No, it was in the near vicinity of the camp, not a part of it. - -HERR BABEL: You also mentioned work in armament factories. I gathered -from your testimony that these armament factories were partially within -and partially outside the camp. Is that correct? - -BLAHA: Yes, at first these so-called German armament works were only -outside the camp. Then, as a result of the bombings, some sections were -moved into the interior of the concentration camp. - -HERR BABEL: What was the number of camp guards in 1941? - -BLAHA: For actual guard duty usually three SS companies were in the -camp, but at Dachau there were in addition a large garrison of SS and a -Kommandantur. Guards were taken from other SS formations from time to -time, when it was necessary. It varied and depended on how many guards -were needed. For regular duty there were usually three companies. - -HERR BABEL: Were the prisoners in the armament factories guarded during -working hours? - -BLAHA: Yes. Every labor detachment had a commander selected from the -guard companies and, in addition, these so-called guards, who went with -the detachment to their place of work and then brought the prisoners -back to the camp. - -HERR BABEL: While you were at the camp, did you witness any -ill-treatment on the part of these guards in the course of their daily -activities? - -BLAHA: Yes; a great deal. - -HERR BABEL: Often? - -BLAHA: Yes. - -HERR BABEL: For what reasons? - -BLAHA: The reasons varied, depending on the nature of the guards or the -commanders. - -HERR BABEL: But you said you were occupied, indeed according to your -statements, very much occupied. - -BLAHA: Yes. - -HERR BABEL: How then did you have an opportunity of observing such -ill-treatment? - -BLAHA: I performed many autopsies on people either shot or beaten to -death at their work, and made official reports on the cause of death. - -HERR BABEL: You said they were shot. Did you see such incidents -yourself? - -BLAHA: No. - -HERR BABEL: Then, how do you know that? - -BLAHA: The bodies were brought to me from the place of work, and it was -my duty to ascertain the cause of death; that the men had been beaten to -death, for example, that the skull or ribs had been fractured, that the -man had died of internal hemorrhage, or that he had been shot; I had to -make an official report on the cause of death. Sometimes, but this was -rare, when an investigation was conducted, I was called in as witness. - -HERR BABEL: Thank you. - -THE PRESIDENT: Mr. Dodd, do you wish to re-examine the witness? - -MR. DODD: I have no further questions to ask the witness at this time. - -THE PRESIDENT: Does any other member of the prosecuting staff want to -re-examine? Colonel Pokrovsky? - -COLONEL POKROVSKY: At this stage of the Trial I have no further -questions to ask the witness. - -THE PRESIDENT: Then the witness can go. - -[_The witness left the stand._] - -MR. DODD: I should like to ask the Tribunal at this time to take -judicial notice of the findings and the sentences imposed by the -Military Court at Dachau, Germany, on the 13th day of December 1945. The -findings were dated the 12th and the sentences on the 13th. I have here -a certified copy of the findings and the sentences, Document Number -3590-PS, which I should like to offer as Exhibit Number USA-664. - -THE PRESIDENT: Have copies of this been given to the defendants? - -MR. DODD: Yes. They have been sent to the defendants’ counsel -information room. - -THE PRESIDENT: Very well. - -MR. DODD: I have one other matter that I should like to take up very -briefly before the Tribunal this morning. It is concerned with a matter -that arose after I had left the courtroom to return to the United -States. - -On the 13th of December we offered in evidence Document Number 3421-PS, -and Exhibit Numbers USA-252 and 254. They were, respectively, the Court -will recall, sections of human skin taken from human bodies and -preserved; and a human head, the head of a human being, which had been -preserved. On the 14th day of December, according to the Record, counsel -for the Defendant Kaltenbrunner addressed the Tribunal and complained -that the affidavit, which was offered, of one Pfaffenberger, failed to -state that the camp commandant at Buchenwald, one Koch, along with his -wife, was condemned to death for having committed precisely these -atrocities, this business of tanning the skin and preserving the head. -And in the course of the discussion before the Tribunal the Record -reveals that counsel for the Defendant Bormann, in addressing the -Tribunal, stated that it was highly probable that the Prosecution knew -that the German authorities had objected to this camp commandant Koch -and, in fact, knew that he had been tried and sentenced for doing -precisely these things. And there was some intimation, we feel, that the -Prosecution, having this knowledge, withheld it from the Tribunal. Now, -I wish to say that we had no knowledge at all about this man Koch at the -time that we offered the proof; didn’t know anything about him except -that he had been the commandant, according to the affidavit. But, -subsequent to this objection we had an investigation made, and we have -found that he was tried in 1944, indeed, by an SS court, but not for -having tanned human skin nor having preserved a human head but for -having embezzled some money, for what—as the judge who tried him tells -us—was a charge of general corruption and for having murdered someone -with whom he had some personal difficulties. Indeed, the judge, a Dr. -Morgen, tells us that he saw the tattooed human skin and he saw a human -head in Commandant Koch’s office and that he saw a lampshade there made -out of human skin. But there were no charges at the time that he was -tried for having done these things. - -I would also point out to the Tribunal that, we say, the testimony of -Dr. Blaha sheds further light on whether or not these exhibits, Numbers -USA-252 and 254, were isolated instances of that atrocious kind of -conduct. We have not been able to locate the affiant. We have made an -effort to do so, but we have not been able to locate him thus far. - -THE PRESIDENT: Locate whom? - -MR. DODD: The affiant Pfaffenberger, the one whose affidavit was -offered. - -THE PRESIDENT: Very well, Mr. Dodd. - -DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): The statement -just made is undoubtedly significant, but it would be of importance to -have the documents which served to convict the commandant and his wife -at the time. Kaltenbrunner told me that it was known in the whole SS -that the commandant Koch and his wife had been taken to account also—I -emphasize “also”—on account of these things and that it was known in -the SS that one of the factors determining the severity of the sentences -imposed had been this proved inhuman behavior. - -THE PRESIDENT: Wait a minute. As you were the counsel who made the -allegation that the commandant Koch had been put to death for his -inhuman treatment, it would seem that you are the party to produce the -judgment. - -DR. KAUFFMANN: I never had the verdict in my hand. I depended on the -information which Kaltenbrunner gave me personally and orally. - -THE PRESIDENT: It was you who made the assertion. I don’t care where you -got it from. You made the assertion; therefore it is for you to produce -the document. - -DR. KAUFFMANN: Yes. - -COLONEL H. J. PHILLIMORE: (Junior Counsel for the United Kingdom): May -it please the Tribunal: Briefs and document books have been handed in. -The documents in the document book are in the order in which I shall -refer to them, and the references to them in the briefs are also in that -order. On the first page of the brief is set out the extract from -Appendix A of the Indictment, which deals with the criminality of this -defendant. - -THE PRESIDENT: Are you dealing first of all with Raeder or with Dönitz? - -COL. PHILLIMORE: With Dönitz. My learned friend, Major Elwyn Jones, will -deal with Raeder immediately after. Reading at Page 1 of the brief. . . - -THE PRESIDENT: The Tribunal will adjourn for 10 minutes. - - [_A recess was taken._] - -COL. PHILLIMORE: My Lord, may I proceed? - -THE PRESIDENT: Very well. - -COL. PHILLIMORE: Briefs and document books have been handed in. The -documents are in the document book in the order in which I shall refer -to them, and the references in the brief to the documents are in that -same order. On the first page of the brief is set out the extract from -the Indictment as Appendix A, which deals with the allegations against -this defendant. It sets out the positions he held and charges him, -first, with promoting the preparations for war, set forth in Count One; -second, with participating in the military planning and preparation for -wars of aggression and wars in violation of international treaties, -agreements, and assurances, set forth in Count One and Two of the -Indictment; and thirdly, with authorizing, directing, and participating -in the War Crimes set forth in Count Three of the Indictment, including -particularly the crimes against persons and property on the High Seas. - -Now, if at any place I appear to trespass on Count Three, it is with the -consent and courtesy of the Chief Prosecutor for the French Republic. - -My Lord, on the second page of the brief are set out first the positions -held by the Defendant Dönitz; and the document in question is the first -document in the document book, 2887-PS, which has already been put in as -Exhibit Number USA-12. The Tribunal will see that after his appointment -in 1935 as Commander of the Weddigen U-boat Flotilla—that was, in fact, -the first flotilla to be formed after the end of the World War in -1918—the defendant, who was in effect then Commander of U-boats, rose -steadily in rank as the U-boat arm expanded, until he became an admiral. -And then on the 30th of January 1943, he was appointed Grossadmiral and -succeeded the Defendant Raeder as Commander-in-Chief of the German Navy, -retaining his command of the U-boat arm. Then on the 1st of May 1945, he -succeeded Hitler as head of Germany. - -My Lord, as appears from a number of documents which I shall put in -evidence, the defendant was awarded the following decorations: On the -18th of September 1939 the Cluster of the Iron Cross, first class, for -the U-boat successes in the Baltic during the Polish campaign. This -award was followed on the 21st of April 1940 by the high award of the -Knight’s Cross to the Iron Cross, while on the 7th of April 1943 he -received personally from Hitler the Oak Leaf to the Knight’s Cross of -the Iron Cross, as the 223rd recipient, for his services in building up -the German Navy and, in particular, his services for the offensive -U-boat arm for the coming war, which were outstanding. And now I put in -the next document in the document book, D-436, which becomes Exhibit -GB-183. That is an extract from the official publication _Das Archiv_ on -the defendant’s promotion to vice admiral. It is dated the 27th of -September 1940, and I read the last two sentences: - - “In 4 years of untiring and, in the fullest sense of the word, - uninterrupted work of training, he succeeds in developing the - young U-boat armed personnel and material till it is a weapon of - a striking power unexpected even by the experts. More than 3 - million gross tons of enemy shipping sunk in only 1 year, - achieved with only a few boats, speak better than words of the - merits of this man.” - -The next document in the document book, 1463-PS, which I put in as -Exhibit GB-184, is an extract from the diary for the German Navy, 1944 -edition, and it serves to emphasize the contents of that last document. -My Lord, I won’t read from it. The relevant passage is on Page 2, and if -I might summarize that, it describes in detail the defendant’s work in -building up the U-boat arm, his ceaseless work in training night and day -to close the gap of 17 years during which no training had taken place, -his responsibility for new improvements, and for devising the “pack” -tactics which were later to become so famous. And then his position is -summarized further at the top of Page 3. If I might read the last two -sentences of the first paragraph on that page: - - “In spite of the fact that his duties took on immeasurable - proportions since the beginning of the huge U-boat construction - program, the chief was what he always was and always will be: - leader and inspiration to all the forces under him.” - -And then the last sentence of that paragraph: - - “In spite of all his duties, he never lost touch with his men; - and he showed a masterly understanding in adjusting himself to - the changing fortunes of war.” - -It was not, however, only his ability as a naval officer which won the -defendant these high honors: his promotion to succeed the Defendant -Raeder as Commander-in-Chief of the Navy, the personal position he -acquired as one of Hitler’s principal advisers, and finally, earlier -candidates, such as Göring, having betrayed Hitler’s trust or finding -the position less attractive than they had anticipated, the doubtful -honor of becoming Hitler’s successor. These he owed to his fanatical -adherence to Hitler and to the Party, to his belief in the Nazi ideology -with which he sought to indoctrinate the Navy and the German people, and -to his masterly understanding in adjusting himself to the changing -fortunes of war, referred to in the diary and which the Tribunal may -think, when I have referred them to the document, may be regarded as -synonymous with the capacity for utter ruthlessness. His attitude to the -Nazi Party and its creed is shown by his public utterances. - -I turn to the next document in the document book, D-443, which I put in -to become Exhibit GB-185. It is an extract from a speech made by the -defendant at a meeting of commanders of the Navy in Weimar on the 17th -of December 1943. It was subsequently circulated by the defendant as a -top secret document for senior officers only and by the hand of officers -only. My Lord, if I might read: - - “I am a firm adherent of the idea of ideological education. For - what is it in the main? Doing his duty is a matter of course for - the soldier. But the full value, the whole weight of duty done, - is only present when the heart and spiritual conviction have a - voice in the matter. Doing his duty is then quite different from - what it would be if I only carried out my task literally, - obediently, and faithfully. It is therefore necessary for the - soldier to support the execution of his duty with all his - mental, all his spiritual energy; and for this his conviction, - his ideology are indispensable. It is therefore necessary for us - to train the soldier uniformly, comprehensively, that he may be - adjusted ideologically to our Germany. Every dualism, every - dissension in this connection, or every divergence or - unpreparedness imply a weakness in all circumstances. He in whom - this grows and thrives in unison is superior to the other. Then - indeed the whole importance, the whole weight of his conviction - comes into play. It is also nonsense to say that the soldier or - the officer must have no politics. The soldier embodies the - state in which he lives, he is the representative, the - articulate exponent of his state. He must therefore stand with - his whole weight behind this state. - - “We must travel this road out of our deepest conviction. The - Russian travels along it. We can only maintain ourselves in this - war if we take part in it, with holy zeal, with all our - fanaticism. . . . - - “I alone cannot do this, but it can be done only with the aid of - the man who holds the production of Europe in his hand—with - Minister Speer. My ambition is to have as many warships for the - Navy as possible so as to be able to fight and to strike. It - does not matter to me who builds them.” - -My Lord, that last sentence is of importance in connection with a later -document. The Tribunal will see when I come to it that the defendant was -not above employing concentration camp labor for this purpose. - -I put in the next document in the document book, D-640, which becomes -Exhibit GB-186. It is an extract from a speech on the same subject by -the defendant as Commander-in-Chief of the Navy to the Commanders on the -15th of February 1944. My Lord, it is cumulative except that I think the -last two sentences add, if I might read them: - - “From the very start the whole of the officer corps must be so - indoctrinated that it feels itself co-responsible for the - National Socialist State in its entirety. The officer is the - exponent of the State, the idle chatter that the officer is - non-political is sheer nonsense.” - -Now, the next document is 2878-PS, which I put in to become Exhibit -GB-187. It consists of three extracts from speeches. The first is from a -speech made by the defendant to the German Navy and the German people on -Heroes’ Day, the 12th of March 1944. - - “German men and women! - - “. . . What would have become of our country today, if the - Führer had not united us under National Socialism! Split into - parties, beset with the spreading poison of Jewry and vulnerable - to it, and lacking, as a defense, our present uncompromising - ideology, we would long since have succumbed to the burdens of - this war and been subject to the merciless destruction of our - adversaries. . . .” - -My Lord, the next extract is from a speech to the Navy on the 21st of -July 1944. It again shows the defendant’s fanaticism. It is perhaps -worth reading the first sentence: - - “Men of the Navy! Holy wrath and unlimited anger fill our hearts - because of the criminal attempt which was to have cost the life - of our beloved Führer. Providence wished it otherwise, watched - over and protected our Führer, and did not abandon our German - fatherland in the fight for its destiny.” - -And then he goes on to deal with the fate which should be meted out to -these traitors. - -The third extract deals with the introduction of the German salute into -the Armed Forces. I don’t think I need read it, but as the members of -the Tribunal will see, it was the Defendant Keitel and this defendant -who were responsible for the alteration of the salute in the German -forces and the adoption of the Nazi salute—together with Göring. . . -Pardon, I should have said: the Defendants Göring, Keitel, and Dönitz. - -The next document is a monitored report of the speech made on the German -wireless by this defendant, announcing the death of Hitler and his own -succession. It is Document D-444. I put it in to become Exhibit GB-188, -and I read a portion of it. The time is 2226—marked on the document. I -read therefrom: - - “It has been reported from the Führer’s headquarters that our - Führer Adolf Hitler has died this afternoon in his battle - headquarters at the Reich Chancellery, fallen for Germany, - fighting to the last breath against Bolshevism. - - “On the 30th of April the Führer nominated Grossadmiral Dönitz - to be his successor. The Grossadmiral and Führer’s successor - will speak to the German nation.” - -And then, the first paragraph of the speech: - - “German men and women, soldiers of the German Armed Forces. Our - Führer Adolf Hitler is dead. The German people bow in deepest - sorrow and respect. Early he had recognized the terrible danger - of Bolshevism and had dedicated his life to the fight against - it. His fight having ended, he died a hero’s death in the - capital of the German Reich, after having led an unmistakably - straight and steady life.” - -Then, that document also contains an order of the day issued by the -defendant, which is very much to the same effect. - -Apart from his services in building up the U-boat arm, there is ample -evidence that the defendant as officer commanding U-boats took part in -the planning and execution of aggressive war against Poland, Norway, and -Denmark. The next document in the document book, C-126(c), has already -been put in as Exhibit GB-45. It is a memorandum by the Defendant -Raeder, dated the 16th of May 1939, and I will call the attention of the -Tribunal to the distribution. The sixth copy went to the Führer der -Unterseeboote, that is to say, to the Defendant Dönitz. The document is -a directive for the invasion of Poland, Fall Weiss, and I won’t read it. -It has already been read. - -The next document, C-126(e), on the second page of that same document, -has also been put in as Exhibit GB-45. It again is a memorandum from the -Defendant Raeder’s headquarters, dated the 2d of August 1939. It is -addressed to the fleet, and then Flag Officer U-boats—that is, of -course, the defendant . . . and it is merely a covering letter for -operational directions for the employment of U-boats which are to be -sent out into the Atlantic by way of precaution in the event the -intention of carrying out Fall Weiss should remain unchanged. The second -sentence is important: - - “Flag Officer U-boats is handing in his operation orders to - SKL”—that is the Seekriegsleitung, the German Admiralty—“by 12 - August. A decision on the sailings of U-boats for the Atlantic - will probably be made in the middle of August.” - -The next document, C-172, I put in as Exhibit GB-189. It consists of the -defendant’s own operational instructions to his U-boats for the -operation Fall Weiss. It is signed by him. It is not dated, but it is -clear from the subject matter that its date must be before the 16th of -July 1939. I don’t think the substance of the document adds. It is -purely an operational instruction, giving effect to the document already -put in, C-126(c), the directive by Raeder. - -My Lord, the next document, C-122, has already been put in as Exhibit -GB-82. It is an extract from the War Diary of the naval war staff of the -German Admiralty, dated the 3rd of October 1939, and records the fact -that the chief of the naval war staff has called for views on the -possibility of taking operational bases in Norway. It has already been -read and I would merely call the Tribunal’s attention to the passage in -brackets, in the paragraph marked “d”: - - “Flag Officer U-boats already considers such harbors extremely - useful as equipment and supply bases for Atlantic U-boats to - call at temporarily.” - -The next document, C-5, has already been put in as Exhibit GB-83. This -is from the defendant, as Flag Officer U-boats, addressed to the Supreme -Command of the Navy, the naval war staff. It is dated the 9th of October -1939, and it sets out the defendant’s view on the advantages of -Trondheim and Narvik as bases. The document proposes the establishment -of a base at Trondheim with Narvik as an alternative. - -Now the next document, C-151, has already been put in as Exhibit GB-91. -It is the defendant’s operation order to his U-boats for the occupation -of Denmark and Norway, and the operation order, which is top secret, -dated the 30th of March 1940, is termed “Hartmut.” The members of the -Tribunal will remember that the document, in the last paragraph, said: - - “The naval force will, as they enter the harbor, fly the British - flag until the troops have landed, except presumably at Narvik.” - -The preparations for war against England are perhaps best shown by the -disposition of the U-boats under his command on the 3rd of September -1939, when war broke out between Germany and the Western Allies. The -locations of the sinkings in the following week, including that of the -_Athenia_ which will be dealt with by my learned friend, Major Elwyn -Jones, provide corroboration. On that, I would put in two charts; I put -them in as Document D-652, and they become Exhibit GB-190. - -My Lord, I have copies here for the members of the Tribunal. They have -been prepared by the Admiralty. There are two charts. The first sets out -the disposition of the submarines on the 3rd of September 1939. There is -a certification attached to the chart, in the top left-hand corner, -which I should read: - - “This chart has been constructed from a study of the orders - issued by Dönitz between 21 August 1939 and 3 September 1939 and - subsequently captured. The chart shows the approximate - disposition of submarines ordered for the 3rd of September 1939 - but it cannot be guaranteed accurate in every detail as the - files of captured orders are clearly not complete and also some - of the submarines shown apparently had received orders at sea on - or about 3 September to move to new operational areas. The - documents from which this chart was constructed are held by the - British Admiralty in London.” - -My Lord, there are two points I would make on that first chart. First, -it will be apparent to members of the Tribunal that U-boats which were -in those positions on the 3rd of September 1939 had left Kiel some -considerable time before. The other point which I would make is -important in connection with my learned friend Major Elwyn Jones’ case -against the Defendant Raeder, and that is the location of the U-boat -U-30. The members of the Tribunal may care to bear it in mind while -looking at the charts now. - -The second chart sets out the sinkings during the first week of the war, -and the location of the sinking of the _Athenia_ will be noted. There is -a short certification in the left-hand corner of the Tribunal’s copies: - - “This chart has been constructed from the official records of - the British Admiralty in London. It shows the positions of the - sinkings of the British merchant vessels lost by enemy action in - the 7 days commencing the 3rd of September 1939.” - -My Lord, I turn to the defendant’s participation in War Crimes and -Crimes against Humanity. - -The course of the war waged against neutral and Allied merchant shipping -by the U-boats followed under the defendant’s direction a course of -consistently increasing ruthlessness. The defendant displayed his -masterly understanding in adjusting himself to the changing fortunes of -war. From the very early days, merchant ships, both Allied and neutral, -were sunk without warning; and when operational danger zones had been -announced by the German Admiralty, these sinkings continued to take -place both within and without those zones. With some exceptions in the -early days of the war, no regard was taken for the safety of the crews -or passengers of sunk merchant ships, and the announcement claiming a -total blockade of the British Isles merely served to confirm the -established situation under which U-boat warfare was being conducted -without regard to the established rules of international warfare or the -requirements of humanity. - -The course of the war at sea during the first 18 months is summarized by -two official British reports made at a time when those who compiled them -were ignorant of some of the actual orders issued which have since come -to hand. - -My Lord, I turn to the next document in the document book. It is -Document D-641(a), which I put in to become Exhibit GB-191. It is an -extract from an official report of the British Foreign Office concerning -German attacks on merchant shipping during the period 3 September 1939 -to September 1940, that is to say, the first year of the war, and it was -made shortly after September 1940. - -My Lord, if I might quote from the second paragraph on the first page: - - “During the first 12 months of the war, 2,081,062 tons of Allied - shipping comprising 508 ships have been lost by enemy action. In - addition, 769,213 tons of neutral shipping, comprising 253 - ships, have also been lost. Nearly all these merchant ships have - been sunk by submarine, mine, aircraft, or surface craft, and - the great majority of them were sunk while engaged on their - lawful trading voyages. 2,836 Allied merchant seamen have lost - their lives in these ships. . . . - - “In the last war the practice of the central powers was so - remote from the recognized procedure that it was thought - necessary to set forth once again the rules of warfare in - particular as applied to submarines. This was done in the Treaty - of London, 1930; and in 1936 Germany acceded to the rules. The - rules laid down: - - “(1) In action with regard to merchant ships, submarines must - conform to the rules of international law to which surface - vessels are subjected. - - “(2) In particular, except in the case of persistent refusal to - stop on being summoned or of active resistance to visit and - search, a warship, whether surface vessel or submarine, may not - sink or render incapable of navigation a merchant vessel without - having first placed passengers, crew, and ships’ papers in a - place of safety. For this purpose, the ship’s boats are not - regarded as a place of safety unless the safety of the - passengers and crew is assured in the existing sea and weather - conditions by the proximity of land or the presence of another - vessel which is in a position to take them on board.” - -Then, the next paragraph: - - “At the beginning of the present war, Germany issued a prize - ordinance for the regulation of sea warfare and the guidance of - her naval officers. Article 74 of this ordinance embodies the - submarine rules of the London Treaty. Article 72, however, - provides that captured enemy vessels may be destroyed if it - seems inexpedient or unsafe to bring them into port, and Article - 73 (i) and (ii) makes the same provision with regard to neutral - vessels which are captured for sailing under enemy convoy, for - forcible resistance, or for giving assistance to the enemy. - These provisions are certainly not in accordance with the - traditional British view but the important point is that, even - in these cases, the prize ordinance envisages the capture of the - merchantman before its destruction. In other words, if the - Germans adhered to the rules set out in their own prize - ordinance, we might have argued the rather fine legal point with - them, but we should have no quarrel with them, either on the - broader legal issue or on the humanitarian one. In the event, - however, it is only too clear that almost from the beginning of - the war the Germans abandoned their own principles and waged war - with steadily increasing disregard for international law, and - for what is, after all, the ultimate sanction of all law, the - protection of human life and property from arbitrary and - ruthless attacks.” - -I pass to the third paragraph on the next page which sets out two -instances: - - “On the 30th of September 1939 came the first sinking of a - neutral ship by a submarine without warning and with loss of - life. This was the Danish ship _Vendia_ bound for the Clyde in - ballast. The submarine fired two shots and shortly after - torpedoed the ship. The torpedo was fired when the master had - already signaled that he would submit to the submarine’s orders - and before there had been an opportunity to abandon ship. By - November submarines were beginning to sink neutral vessels - without warning as a regular thing. On the 12th November the - Norwegian _Arne Kjode_ was torpedoed in the North Sea without - any warning at all. This was a tanker bound from one neutral - port to another. The master and four of the crew lost their - lives and the remainder were picked up after many hours in open - boats. Henceforward, in addition to the failure to establish the - nature of the cargo, another element is noticeable, namely an - increasing recklessness as to the fate of the crew.” - -And then dealing with attacks on Allied merchant vessels, certain -figures are given: Ships sunk 241, recorded attacks 221, illegal attacks -112. At least 79 of these 112 ships were torpedoed without warning. - -THE TRIBUNAL (Mr. Biddle): Then they were not illegally sunk, however? - -COL. PHILLIMORE: Yes, Sir. - -THE TRIBUNAL (Mr. Biddle): According to this document, the Germans have -been given the benefit of the doubt. - -COL. PHILLIMORE: Oh, yes, I should have read that sentence; I am obliged -to Your Honor. - -I pass to the second report, Document D-641(b). It is part of the same -document and is put in as Exhibit GB-191. It is a report covering the -next 6 months from September 1, 1940. . . - -THE PRESIDENT: Are you not reading Page 3? - -COL. PHILLIMORE: If Your Lordship pleases, I have read a great deal of -the report and there are passages that I had not considered important. - -THE PRESIDENT: I haven’t myself read it, but I think. . . - -COL. PHILLIMORE: If I might read the first two paragraphs on Page 3: - - “By the middle of October submarines were sinking merchant - vessels without any regard to the safety of the crews. Yet 4 - months later the Germans were still officially claiming that - they were acting in accordance with their prize ordinance. Their - own semi-official commentators, however, had made the position - clear. As regards neutrals, Berlin officials had early in - February stated that any neutral ship that is either voluntarily - or under compulsion bound for an enemy port—including - contraband control harbors—thereby loses its neutrality and - must be considered hostile. At the end of February the cat was - let out of the bag by a statement that a neutral ship which - obtained a navicert from a British consul in order to avoid - putting into a British contraband control base was liable to be - sunk by German submarines, even if it was bound from one neutral - port to another. As regards Allied ships, in the middle of - November 1939 a Berlin warning was issued against the arming of - British vessels. By that date a score of British merchantmen had - been illegally attacked by gunfire or torpedo from submarines, - and after the date some 15 more unarmed Allied vessels were - torpedoed without warning. It is clear therefore that not only - was the arming fully justified as a defensive measure but also - that neither before nor after this German threat did the German - submarines discriminate between armed and unarmed vessels.” - -The last paragraph is merely a summing-up; it does not add. - -Turning to D-641(b), which is a similar report covering the next 6 -months, if I might read the first five paragraphs of Page 1: - - “On the 30th January 1941 Hitler proclaimed: ‘Every ship, with - or without convoy, which appears before our torpedo tubes is - going to be torpedoed. On the face of it, this announcement - appears to be uncompromising; and the only qualification - provided by the context is that the threats immediately - preceding it are specifically addressed to the peoples of the - American Continent. German commentators, however, subsequently - tried to water it down by contending that Hitler was referring - only to ships which attempted to enter the area within which the - German ‘total blockade’ is alleged to be in force. - - “From one point of view it probably matters little what exactly - was Hitler’s meaning, since the only conclusion that can be - reached after a study of the facts of enemy warfare on merchant - shipping is that enemy action in this field is never limited by - the principles which are proclaimed by enemy spokesmen, but - solely by the opportunities or lack of them which exist at any - given time.” - -THE PRESIDENT: Colonel Phillimore, isn’t this document you are now -reading really legal argument? - -COL. PHILLIMORE: My Lord, some of it is. The difficulty is to leave -those parts and take in the facts. - -THE PRESIDENT: Very well. - -COL. PHILLIMORE: The third paragraph, if I might leave the rest of the -second, is as follows: - - “The effect of the German ‘total blockade’ is to prohibit - neutral ships from entering an enormous stretch of sea round - Britain (the area extends to about 500 miles west of Ireland, - and from the latitude of Bordeaux to that of the Faroe Islands), - upon pain of having their ships sunk without warning and their - crews killed. As a matter of fact, at least 32 neutral ships, - exclusive of those sailing in British convoys, have been sunk by - enemy action since the declaration of the ‘total blockade.’” - -The last sentence in the following paragraph about the sinking of ships -without warning: - - “Yet though information is lacking in very many cases, details - are available to prove that, during the period under review, at - least 38 Allied merchant ships exclusive of those in convoys - have been torpedoed without warning in or near the ‘total - blockade’ area. - - “That the Germans themselves have no exaggerated regard for the - area is proved by the fact that of the 38 ships referred to at - least 16 were torpedoed outside the limits of the war zone.” - -My Lord, the next page deals with a specific case illustrating the -matter set out above. It is in the first paragraph of that page, the -third sentence: - - “The sinking of the _City of Benares_ on the 17th September 1940 - is a good example of this. The _City of Benares_ was an - 11,000-ton liner with 191 passengers on board, including nearly - 100 children. She was torpedoed without warning just outside the - ‘war zone,’ with the loss of 258 lives, including 77 children. - It was blowing a gale, with hail and rain squalls and a very - rough sea when the torpedo struck her at about 10 p. m. In the - darkness and owing to the prevailing weather conditions, at - least four of the 12 boats lowered were capsized. Others were - swamped and many people were washed right off. In one boat alone - 16 people, including 11 children, died from exposure; in another - 22 died, including 15 children; in a third 21 died. The point to - be emphasized is not the unusual brutality of this attack but - rather that such results are inevitable when a belligerent - disregards the rules of sea warfare as the Germans have done and - are doing.” - -I think the rest of that paragraph is not important. - -I turn to the next document, 641(c), which is part of Exhibit GB-191. - -THE PRESIDENT: It is clear, I suppose, from that statement of facts that -there was no warning whatever given? - -COL. PHILLIMORE: No, My Lord. - -THE PRESIDENT: We think that you should read the next paragraph too. - -COL. PHILLIMORE: If Your Lordship pleases. - - “There are hundreds of similar stories, stories of voyages for - days in open boats in Atlantic gales, of men in the water - clinging for hours to a raft and gradually dropping off one by - one, of crews being machine-gunned as they tried to lower their - boats or as they drifted away in them, of seamen being blown to - pieces by shells and torpedoes and bombs. The enemy must know - that such things are the inevitable result of the type of - warfare he has chosen to employ.” - -My Lord, the rest is very much to the same general effect. - -The document, 641(c), is merely a certificate giving the total sinkings -by U-boats during the war (1939 to 1945) as 2,775 British, Allied, and -neutral ships totalling 14,572,435 gross registered tons. - -My Lord, it is perhaps worth considering one example not quoted in the -above reports of the ruthless nature of the actions conducted by the -defendant’s U-boat commanders, particularly as both British and German -versions of the sinkings are available. I turn to the next document, -“The sinking of S. S. _Sheaf Mead_.” That is Document D-644, which I put -in as Exhibit GB-192. If I might read the opening paragraph: - - “The British S. S. _Sheaf Mead_ was torpedoed without warning on - 27 May 1940. . .” - -THE PRESIDENT: This is the German account, is it not? - -COL. PHILLIMORE: This is actually in the form of a British report. It -includes the German account in the shape of a complete extract from the -log. - -THE PRESIDENT: It bears the words, “top secret”? - -COL. PHILLIMORE: Yes, My Lord, this was at the time a top secret -document. That was some while ago. - - “The British S. S. _Sheaf Mead_ was torpedoed without warning on - 27 May 1940, with the loss of 31 of the crew. The commander of - the U-boat responsible is reported to have behaved in an - exceptionally callous manner towards the men clinging to - upturned boats and pieces of wood. It was thought that this man - was Kapitänleutnant Öhrn of _U-37_: The following extract from - his log for 27 May 1940 leaves no doubt on the matter and speaks - for itself as to his behaviour.” - -Again turning to the relevant extract from the log, on the second page, -the time is marked on the document as 1554. - - “Surface. Stern is underwater.”—referring to the ship which has - been torpedoed—“Stern is underwater. Bows rise higher. The - boats are now on the water. Lucky for them. A picture of - complete order. They lie at some distance. The bows rear up - quite high. Two men appear from somewhere in the forward part of - the ship. They leap and rush with great bounds along the deck - down the stern. The stern disappears. A boat capsizes. Then a - boiler explosion. Two men fly through the air, limbs - outstretched. Bursting and crushing. Then all is over. A large - heap of wreckage floats up. We approach it to identify the name. - The crew have saved themselves on wreckage and capsized boats. - We fish out a buoy. No name on it. I ask a man on the raft. He - says, hardly turning his head, ‘Nix Name.’ A young boy in the - water calls, ‘Help, help, please!’ The others are very composed. - They look damp and somewhat tired. An expression of cold hatred - is on their faces. On to the old course. After washing the paint - off the buoy, the name comes to light: Greatafield, Glasgow, - 5,006 gross registered tons.” - -“On to the old course” means merely that the U-boat makes off. - -Then the next page of that document contains an extract from the report -of the chief engineer of the _Sheaf Mead_. The relevant paragraphs are -the first and the last: - - “When I came to the surface I found myself on the port side, - that is, nearest to the submarine, which was only about 5 yards - away. The submarine captain asked the steward the name of the - ship, which he told him, and the enemy picked up one of our - lifebuoys, but this had the name Greatafield on it, as this was - the name of our ship before it was changed to _Sheaf Mead_ last - January.” - -In the last paragraph: - - “She had cut-away bows, but I did notice a net-cutter. Two men - stood at the side with boat-hooks to keep us off. - - “They cruised around for half an hour, taking photographs of us - in the water. Otherwise they just watched us, but said nothing. - Then she submerged and went off, without offering us any - assistance whatever.” - -THE PRESIDENT: Is there any suggestion in the German report that any -warning was given? - -COL. PHILLIMORE: No, My Lord. It is quite clear, indeed, that it was -not. - -Under the time 1414 there is a description of the sighting of the ship -and the difficulty in identifying; and then at the top of the page: - - “The distance apart is narrowing. The steamship draws in - quickly, but the position is still 40-50. I cannot see the stern - yet. Tube ready. Shall I or not? The gunnery crews are also - prepared. On the ship’s side a yellow cross in a small, square, - dark blue ground. Swedish? Presumably not. I raise the periscope - a little. Hurrah, a gun at the stern, an A/A gun or something - similar. Fire! It cannot miss. . .”—and then the sinking. - -Now that it is possible to examine some of the actual documents by which -the defendant and his fellow conspirators issued their orders in -disregard of international law, you may think the compilers of the above -reports understated the case. These orders cover not only the period -referred to in the reports, but also the subsequent course of the war. -It is interesting to note in them the steps by which the defendants -progressed. At first they were content with breaching the rules of -international law to the extent of sinking merchant ships, including -neutral ships, without warning where there was a reasonable prospect of -being able to do so without discovery. The facts already quoted show -that the question of whether ships were defensively armed or outside the -declared operational areas was in practice immaterial. - -I go to the next document in the document book, C-191, which I put in as -Exhibit GB-193. That is a memorandum by the German naval war staff, -dated 22 September 1939. It sets out: - - “Flag Officer U-boats intends to give permission to U-boats to - sink without warning any vessels sailing without lights.” - -Reading from the third sentence: - - “In practice there is no opportunity for attacking at night, as - the U-boat cannot identify a target which is a shadow in a way - that entirely obviates mistakes being made. If the political - situation is such that even possible mistakes must be ruled out, - U-boats must be forbidden to make any attacks at night in waters - where French and English naval forces or merchant ships may be - situated. On the other hand, in sea areas where only English - units are to be expected, the measures desired by Flag Officer - U-boats can be carried out; permission to take this step is not - to be given in writing, but need merely be based on the unspoken - approval of the Naval Operations Staff. - - “U-boat commanders should be informed by word of mouth, and the - sinking of a merchant ship must be justified in the War Diary as - due to possible confusion with a warship or an auxiliary - cruiser. In the meanwhile, U-boats in the English Channel have - received instructions to attack all vessels sailing without - lights.” - -Now I go to the next document, C-21, which I put in as Exhibit GB-194. -My Lord, this document consists of a series of extracts from the War -Diary of the German naval war staff of the German Admiralty. The second -extract, at Page 5, relates a conference with the head of the naval war -staff, report of the 2 January 1940, and then reading: - - “1) Report by Ia”—that is the Staff Officer Operations on the - naval war staff. . . - -THE PRESIDENT: Shouldn’t you read above that, Paragraph 1/b? - -COL. PHILLIMORE: Yes, if Your Lordship pleases. It is important. The -others are much to the same effect. If I might read it: - - “Report by Ia.”—This is one report by Ia on the directive of - Armed Forces High Command of 30 December. - - “According to this, the Führer, on report of Commander-in-Chief - of the Navy, has decided: (a) Greek merchant vessels are to be - treated as enemy vessels in the zone blockaded by U.S.A. and - Britain; (b) in the Bristol Channel all ships may be attacked - without warning. For external consumption these attacks should - be given out as hits by mines. Both measures may be taken with - immediate effect.” - -The next extract, a report by Ia, that is, the Staff Officer Operations -on the naval war staff on the directive of Armed Forces High Command, -dated 30 December: - - “Referring to intensified measures in naval and air warfare in - connection with ‘Fall Gelb’. - - “In consequence of this directive, the Navy is authorized, - simultaneously with the general intensification of the war, to - sink by U-boats, without any warning, all ships in those waters - near the enemy coasts in which mines can be employed. In this - case, for external consumption, pretence should be made that - mines are being used. The behaviour of, and use of weapons by, - U-boats should be adapted to this purpose.” - -And then the third extract, dated 6 January 1940: - - “. . . pursuant to the Führer’s consent on principle (see - minutes of report of Commander-in-Chief Navy of 30 December) to - authorize firing without warning while maintaining the pretence - of mine hits in certain parts of the American blockade - zone. . . .” - -Well, then the order is given to Flag Officer U-boats carrying out that -decision. - -The next extract, dated the 18th of January 1940, adds to some extent, -and if I may read it: - - “The High Command of the Armed Forces has issued the following - directive dated 17th of January, cancelling the previous order - concerning intensified measures of warfare against merchantmen. - - “The Navy is authorized, with immediate effect, to sink by - U-boats without warning all ships in those waters near the enemy - coasts in which the use of mines is possible.”—My Lord, that is - an extension of the area.—“U-boats must adapt their behavior - and employment of weapons to the pretence, which is to be - maintained in these cases, that the hits were caused by mines. - Ships of the United States, Italy, Japan, and Russia are - exempted from these attacks.” - -Well, then there is a note emphasizing the point about maintaining the -pretense of mine hits and the last extract is, I think, purely -cumulative. - -The next document, C-118, I put in as Exhibit GB-195. This is an extract -from the B.d.U. War Diary, that is to say the defendant’s war diary. It -is dated the 18th of July 1941, and it consists of a further extension -of that order by the cutting down of the protected categories. - - “Supplementary to the order forbidding, for the time being, - attacks on U.S. warships and merchant vessels in the operational - area of the North Atlantic, the Führer has ordered the - following: - - “1. Attacks on U.S. merchant vessels sailing in British or U.S. - convoys, or independently are authorized in the original - operational area which corresponds in its dimensions to the U.S. - blockade zone and which does not include the sea-route U.S. to - Iceland.” - -As the members of the Tribunal will have seen from these orders, at one -date the ships of a particular neutral under certain conditions could be -sunk while those of another could not. It would be easy to put before -the Tribunal a mass of orders and instances to show that the attitude to -be adopted toward ships of particular neutrals changed at various times. -The point is that the defendant conducted the U-boat war against -neutrals with complete cynicism and opportunism. It all depended on the -political relationship of Germany toward a particular country at a -particular time whether her ships were sunk or not. - -My Lord, I turn to the next document in the document book, D-642, which -I put in as Exhibit GB-196. My Lord, this is a series of orders; the -first, I should say, of a series of orders leading up to the issue of an -order which enjoined the U-boat commanders not merely to abstain from -rescuing crews, which is the purpose of this order, not merely to give -them no assistance but deliberately to annihilate them. - -My Lord, in the course of my proof of this matter, I shall call two -witnesses. The first witness will give the Court an account of a speech -made by the defendant at the time that he issued the order describing -the policy, or his policy toward the recovery of Allied troops: that it -must be stopped at all costs. - -The second witness is the officer who actually briefed crews on the -order. - -My Lord, this document is an extract from the standing orders of the -U-boat command, an extract from Standing Order Number 154, and it is -signed by the defendant: - - “Paragraph e) Do not pick up men or take them with you. Do not - worry about the merchant ship’s boats. Weather conditions and - distance from land play no part. Have a care only for your own - ship and strive only to attain your next success as soon as - possible. We must be harsh in this war. The enemy began the war - in order to destroy us, so nothing else matters.” - -THE PRESIDENT: What is the date of that? - -COL. PHILLIMORE: My Lord, that order, the copy we have, is not dated, -but a later order, Number 173, which was issued concurrently with an -operational order, is dated the 2d of May 1940. The Tribunal may take -it, it is earlier than the 2d of May 1940. My Lord, that is a secret -order. - -THE PRESIDENT: Earlier than May 1940? - -COL. PHILLIMORE: Earlier than May 1940. - -It was, however, in 1942, when the United States entered the war with -its enormous shipbuilding capacity, that the change thus brought about -necessitated a further adjustment in the methods adopted by the U-boats -and of the defendant; and the defendant was guilty of an order which -intended not merely the sinking of merchant ships, not merely the -abstention from rescue of the crews, but their deliberate extermination. - -My Lord, the next document in the document book shows the course of -events, Document D-423, and I put it in as Exhibit GB-197. It is a -record of a conversation between Hitler and the Japanese Ambassador -Oshima, in the presence of the Defendant Ribbentrop, on the 3 of January -1942. - - “The Führer, using a map, explains to the Japanese Ambassador - the present position of marine warfare in the Atlantic, - emphasizing that what he considers his most important task is to - get the U-boat warfare going in full swing. The U-boats are - being re-organized. Firstly, he had recalled all U-boats - operating in the Atlantic. As mentioned before, they would now - be posted outside United States ports. Later, they would be off - Freetown and the larger boats even as far down as Capetown.” - -And then, after further details: - - “After having given further explanations on the map, the Führer - pointed out that, however many ships the United States built, - one of their main problems would be the lack of personnel. For - that reason even merchant ships would be sunk without warning - with the intention of killing as many of the crew as possible. - Once it gets around that most of the seamen are lost in the - sinkings, the Americans would soon have difficulties in - enlisting new people. The training of sea-going personnel takes - a very long time. We are fighting for our existence and our - attitude cannot be ruled by any humane feelings. For this reason - he must give the order that in case foreign seamen could not be - taken prisoner, which is in most cases not possible on the sea, - U-boats were to surface after torpedoing and shoot up the - lifeboats. - - “Ambassador Oshima heartily agreed with the Führer’s comments, - and said that the Japanese, too, are forced to follow these - methods.” - -My Lord, the next document, D-446, I put in as Exhibit GB-198. I do not -propose to read it. It is an extract from B. d. U. War Diary of the 16th -of September 1942; and it is part of the story in the sense that it was -on the following day that the order I complain of was issued, and the -Defense will, no doubt, wish to rely on it. It records an attack on a -U-boat which was rescuing survivors, chiefly the Italian survivors of -the Allied liner _Laconia_, when it was attacked by an Allied aircraft. - -My Lord, the next document, D-630, I put in as Exhibit GB-199. It -contains four documents. The first is a top secret order, sent to all -commanding officers of U-boats from the defendant’s headquarters, dated -17th of September 1942: - - “1. No attempt of any kind must be made at rescuing members of - ships sunk; and this includes picking up persons in the water - and putting them in lifeboats, righting capsized lifeboats and - handing over food and water. Rescue runs counter to the - rudimentary demands of warfare for the destruction of enemy - ships and crews. - - “2. Orders for bringing in captains and chief engineers still - apply. - - “3. Rescue the shipwrecked only if their statements will be of - importance to your boat. - - “4. Be harsh, having in mind that the enemy takes no regard of - women and children in his bombing attacks on German cities.” - -Now, My Lord, that is, of course, a very carefully worded order. Its -intentions are made very clear by the next document on that same page, -which is an extract from the defendant’s war diary; and I should say -there, as appears from the copy handed in to the Court, the war diary is -personally signed by the Defendant Dönitz. It is the war diary entry for -the 17th of September 1942: - - “The attention of all commanding officers is again drawn”—and I - would draw the Tribunal’s attention to the word “again”—“to the - fact that all efforts to rescue members of the crews of ships - which have been sunk contradict the most primitive demands for - the conduct of warfare for annihilating enemy ships and their - crews. Orders concerning the bringing in of the captains and - chief engineers still stand.” - -The last two documents on that page consist of a telegram from the -commander of the U-boat _Schacht_ to the defendant’s headquarters and -the reply. _Schacht_ had been taking part in the rescue of survivors -from the _Laconia_. The telegram from _Schacht_, dated the 17th of -September 1942, reads: - - “163 Italians handed over to _Annamite_. Navigating officer of - _Laconia_ and another English officer on board.” - -And then it goes on setting out the position of English and Polish -survivors in boats. - -The reply sent on the 20th: - - “Action as in wireless telegram message of 17th of September was - wrong. Boat was detailed to rescue Italian allies and not for - the rescue of English and Poles.” - -It is a small point, but of course “detailed” means before the bombing -incident had ever occurred. - -And then as for the next document, D-663, that was issued later and may -not yet have been inserted in the Tribunal’s Document Book; D-663 I put -in as Exhibit GB-200. My Lord, this is an extract from an operation -order, “Operation Order Atlantic Number 56,” dated the 7th of October -1943, and the copy put in is part of sailing orders to a U-boat. As I -shall prove through the second witness, although the date of this order -is the 7th of October 1943, in fact it is only a reproduction of an -order issued very much earlier, in the autumn of 1942. - - “Rescue ships: A so-called rescue ship is generally attached to - every convoy, a special ship of up to 3,000 gross registered - tons, which is intended for the picking up of survivors after - U-boat attacks. These ships are for the most part equipped with - a shipborne aircraft and large motorboats, are strongly armed - with depth charge throwers, and are very maneuverable, so that - they are often taken for U-boat traps by the commander.” - -And then, the last sentence: - - “In view of the desired destruction of ships’ crews, their - sinking is of great value.” - -If I might just sum up those documents, it would appear from the War -Diary entry of the 17th of September that orders on the lines discussed -between Hitler and Oshima were, in fact, issued, but we have not -captured them. It may be they were issued orally and that the defendant -awaited a suitable opportunity before confirming them. The incident of -the bombing of the U-boats detailed to rescue the Italian survivors from -the _Laconia_ afforded the opportunity and the order to all commanders -was issued. Its intent is very clear when you consider it in the light -of the War Diary entry. The wording is, of course, extremely careful but -to any officer of experience its intention was obvious and he would know -that deliberate action to annihilate survivors would be approved under -that order. - -You will be told that this order, although perhaps unfortunately -phrased, was merely intended to stop a commander from jeopardizing his -ship by attempting a rescue, which had become increasingly dangerous, as -a result of the extended coverage of the ocean by Allied aircraft; and -that the notorious action of the U-boat Commander Eck in sinking the -Greek steamer _Peleus_ and then machine-gunning the crew on their rafts -in the water, was an exception; and that, although it may be true that a -copy of the order was on board, this action was taken solely, as he -himself swore, on his own initiative. - -I would make the point to the Tribunal that if the intention of this -order was to stop the rescue attempts in the interests of the -preservation of the U-boat, first of all it would have been done by -calling attention to Standing Order 154. - -Second, this very fact would have been prominently stated in the order. -Drastic orders of this nature are not drafted by experienced staff -officers without the greatest care and an eye to their possible capture -by the enemy. - -Third, if it was necessary to avoid the risks attendant on standing by -or surfacing, not only would this have been stated but there would have -been no question of taking any prisoners at all except possibly in -circumstances where virtually no risk in surfacing was to be -apprehended. - -Fourth, the final sentence of the first paragraph would have read very -differently. - -And fifth, if, in fact—and the Prosecution do not for one moment accept -it—the defendant did not mean to enjoin murder, his order was so worded -that he cannot escape the responsibility which attaches to such a -document. - -My Lord, I would call my first witness, Peter Heisig. - -[_The witness, Peter Josef Heisig, took the stand._] - -THE PRESIDENT: What is your name? - -PETER JOSEF HEISIG (Witness): My name is Peter Josef Heisig. - -THE PRESIDENT: Say this: “I swear by God—the Almighty and -Omniscient—that I will speak the pure truth—and will withhold nothing -and add nothing.” - -[_The witness repeated the oath in German._] - -COL. PHILLIMORE: Peter Josef Heisig, are you an Oberleutnant zur See in -Germany? - -HEISIG: I am Oberleutnant zur See in the German Navy. - -COL. PHILLIMORE: And were you captured on the 27th of December 1944, and -now held as a prisoner of war? - -HEISIG: Yes. - -COL. PHILLIMORE: Did you swear an affidavit on the 27th of November -1945? - -HEISIG: Yes. - -COL. PHILLIMORE: And is that your signature? [_Document D-566 was -submitted to the witness._] - -My Lord, that is the Document D-566. - -HEISIG: That is the document I signed. - -COL. PHILLIMORE: I put that in as Exhibit GB-201. - -[_Turning to the witness._] Will you take your mind back to the autumn -of 1942? What rank did you hold at that time? - -HEISIG: I was senior midshipman at the 2d U-boat Training Division. - -COL. PHILLIMORE: Were you attending a course there? - -HEISIG: I took part in the training course for U-boat officers of the -watch. - -COL. PHILLIMORE: Do you remember the last day of the course? - -HEISIG: On the last day of the course, Grossadmiral Dönitz, who was then -Commander-in-Chief of the U-boats, reviewed the 2d U-boat Training -Division. - -COL. PHILLIMORE: And what happened at the end of this tour? - -HEISIG: At the end of his visit—not at the end but rather during his -visit—Grossadmiral Dönitz made a speech before the officers of the 2d -U-boat Training Division. - -COL. PHILLIMORE: Can you fix the date of his visit? - -HEISIG: I remember the approximate date; it must have been at the end of -September or the beginning of October 1942. - -COL. PHILLIMORE: Now, will you give the Tribunal—speaking slowly—an -account of what Admiral Dönitz said in his speech? - -HEISIG: Grossadmiral Dönitz said in his speech that the successes of the -U-boats had declined. The strength of enemy air control was responsible -for that decline. New antiaircraft guns had been developed which would -in future make it possible for the U-boats to fight off enemy aircraft. -Hitler had personally given him the assurance that U-boats would be -equipped with these antiaircraft guns before all other branches of the -Armed Forces. It could be expected therefore that the successes of -former times would be reached again within a few months. After speaking -about his good relations with Hitler, Grossadmiral Dönitz discussed the -German armament program. - -A question by an officer regarding a newspaper article which stated that -the Allied countries were building more than a million tons of merchant -shipping every month, Admiral Dönitz answered by saying that he doubted -the credibility of this estimate and said it was based on an -announcement by President Roosevelt. He then spoke briefly about -President Roosevelt, about the American production program and armament -potential, and added that the Allies had great difficulty in manning -their ships. Allied seamen considered the route across the Atlantic -dangerous, because German U-boats were sinking Allied ships in great -numbers. Many of the Allied seamen had been torpedoed more than once; -these facts spread and make the seamen reluctant to go to sea again. -Some of them were even trying to shirk a crossing of the Atlantic, so -that the Allied authorities were compelled, if it became necessary, to -retain the men aboard by force of law. Such indications were favorable -to the Germans. From the facts that, firstly, the Allies were building -very many new merchant ships and, secondly, that the Allies were having -considerable difficulties in manning these newly built ships, Admiral -Dönitz concluded that the question of personnel was a very grave matter -for the Allies. The losses in men affected the Allies especially -seriously, because they had few reserves and also because. . . - -COL. PHILLIMORE: I don’t want to interrupt you, but did he say anything -about rescues at all? You have told us about the Allied losses and how -serious they were. - -HEISIG: Yes, he mentioned rescues, but I would like to speak about that -later. - -Grossadmiral Dönitz said that the losses of the Allies affected them -very seriously, because they had no reserves and also because the -training of new seamen required a very long time. He could not, -therefore, understand it, if submarines were still. . . - -THE PRESIDENT: Colonel Phillimore, just a moment. I don’t think we want -to hear the whole of Admiral Dönitz’ speech. We want to hear the -material part of it. - -COL. PHILLIMORE [_to the witness._]: Now, you have dealt with the -question of losses. Will you come to the crucial part of the speech, at -the end, and deal with that? What did the Grand Admiral go on to say? - -DR. THOMA: The testimony of the witness does not concern me directly, -but I have an objection to raise. According to German law and according -to the German Code of Criminal Procedure, the witness must say -everything he knows about a matter. If he is asked about a speech of -Grossadmiral Dönitz, he must not, at least according to German law, -relate only those parts which, in the opinion of the Prosecution, are -unfavorable to the defendant. I believe this principle should also apply -in these proceedings, whenever a witness is questioned. - -THE PRESIDENT: The Tribunal is not bound by German law. I have already -said that the Tribunal does not desire to hear from this witness all of -Admiral Dönitz’ speech. - -It will be open to any of the counsel for the defendants to -cross-examine this witness. Your intervention is therefore entirely -unnecessary. - -COL. PHILLIMORE [_to the witness._]: Now, will you deal with the crucial -parts of the Grand Admiral’s speech? - -HEISIG: Grossadmiral Dönitz continued, saying approximately that under -the circumstances he could not understand how German U-boats could still -rescue the crews of the merchant ships they had sunk, thereby -endangering their own ships. By doing that, they were working for the -enemy, since these rescued crews would sail again on new ships. - -The stage had now been reached in which total war had to be waged also -at sea. The crews of ships, like the ships themselves, were a target for -the U-boats; thus it would be impossible for the Allies to man their -newly-built ships; and moreover it could then be expected that in -America and the other Allied countries a strike would break out, for -already a part of the seamen did not want to go back to sea. - -These results could be expected if our tactics would render the war at -sea more vigorous. If any of us consider this war or these tactics harsh -we should also remember that our wives and our families at home are -being bombed. - -That, in its main points, was the speech of Grossadmiral Dönitz. - -COL. PHILLIMORE: Now, about how many officers were present and heard -that speech? - -HEISIG: I have no experience in fixing the number of people present at -large indoor gatherings. I can only give you a rough estimate: -approximately 120 officers. - -COL. PHILLIMORE: My Lord, the witness is available for -cross-examination. - -THE PRESIDENT: Does the United States prosecutor wish to ask any -question? - -[_There was no response._] - -The Soviet prosecutor? - -[_There was no response._] - -The French prosecutor? - -[_There was no response._] - -Now, any of the defendants’ counsel may cross-examine the witness. - -FLOTTENRICHTER OTTO KRANZBÜHLER (Counsel for Defendant Dönitz): I -represent Grossadmiral Dönitz. - -THE PRESIDENT: Counsel will understand that what I said to Dr. Thoma was -not intended to interfere with your cross-examination; it was only -intended to save time. The Tribunal did not desire to hear unimportant -passages in the Defendant Dönitz’ speech. Therefore, they did not want -to hear them from this witness. However, you are at liberty to ask any -questions that you please. - -FLOTTENRICHTER KRANZBÜHLER: Oberleutnant Heisig, did you yourself take -part in an action against the enemy? - -HEISIG: Yes. - -FLOTTENRICHTER KRANZBÜHLER: On which boat were you, and who was your -commander? - -HEISIG: I was on U-877, under Kapitänleutnant Finkeisen. - -FLOTTENRICHTER KRANZBÜHLER: Please repeat your answer. - -HEISIG: I served on U-877 in an action against the enemy, and the -commander was Kapitänleutnant Finkeisen. - -FLOTTENRICHTER KRANZBÜHLER: Were you successful in action against enemy -ships? - -HEISIG: The boat was sunk on its way to the area of operations. - -FLOTTENRICHTER KRANZBÜHLER: Before you were able to sink an enemy ship? - -HEISIG: Yes. - -FLOTTENRICHTER KRANZBÜHLER: How was the boat sunk? - -HEISIG: By depth charges. Two Canadian frigates sighted the U-boat and -destroyed it through depth charges. - -FLOTTENRICHTER KRANZBÜHLER: Your testimony today differs in an essential -point from the statement you made on the 27th of November. How did you -come to make this statement of the 27th of November? - -HEISIG: I made the statement in defense of my comrades who were put -before a military court in Hamburg and sentenced to death for the murder -of shipwrecked sailors. - -FLOTTENRICHTER KRANZBÜHLER: Your statement begins by saying that you had -received reports that German sailors were being accused of murder and -that you therefore considered it your duty to depose the following -affidavit. - -What reports had you received, and when? - -HEISIG: At the beginning of the Hamburg proceedings against -Kapitänleutnant Eck and his officers I was a prisoner of war in Great -Britain; there I heard on the radio and read in newspapers that these -officers were to be tried. Since I knew one of the accused officers, -Leutnant August Hoffmann, very well and had spoken with him on this -subject on two or three occasions, I considered it to be my duty to come -to his assistance and to his defense. - -FLOTTENRICHTER KRANZBÜHLER: Were you not told in your interrogation on -the 27th of November that the death sentence against Eck and Hoffmann -had already been confirmed? - -HEISIG: That—I don’t remember whether it was on the 27th of November, I -only remember that I was told here that the death sentence had been -carried out. I no longer remember the date, as I was interrogated -several times. - -FLOTTENRICHTER KRANZBÜHLER: Since you have knowledge of the -circumstances, do you maintain that the speech of Grossadmiral Dönitz -mentioned in any way that fire should be opened on shipwrecked sailors? - -HEISIG: No; we gathered that from his words; and from his reference to -the bombing war, we gathered that total war had now to be waged against -ships and crews. That is what we understood, and I talked about it to my -comrades on the way back to the Hansa. - -FLOTTENRICHTER KRANZBÜHLER: Speak slowly, please. - -HEISIG: We were convinced that Admiral Dönitz meant that. He did not -express it clearly. - -FLOTTENRICHTER KRANZBÜHLER: Did you speak about this point with any of -your superiors at the school? - -HEISIG: I left the school on the same day. But I can remember that one -of my superiors, whose name to my regret I do not recall—nor do I -recall the occasion—once spoke to us about this subject and advised us -that, if possible, only officers should be on the bridge ready to -annihilate shipwrecked sailors, should the possibility arise, or should -it be necessary. - -FLOTTENRICHTER KRANZBÜHLER: One of your superiors told you that? - -HEISIG: Yes, but I cannot remember in which connection and where. I -received a lot of advice from my superiors on many things. - -FLOTTENRICHTER KRANZBÜHLER: Was it at the school? - -HEISIG: No; I left the U-boat Training Division on the same day. - -FLOTTENRICHTER KRANZBÜHLER: Were you instructed at the school in the -standing orders of war? - -HEISIG: Yes; we were instructed in the standing orders of war. - -FLOTTENRICHTER KRANZBÜHLER: Did these standing orders mention anywhere -that shipwrecked sailors were to be fired on or their rescue apparatus -destroyed? - -HEISIG: The standing orders did not mention that. But—I think one can -assume this from an innuendo of Captain Rollmann, who was then officers’ -company commander—a short time before that, some teletype message had -arrived containing an order prohibiting rescue measures and demanding -that sea warfare should be fought with more radical, more drastic means. - -FLOTTENRICHTER KRANZBÜHLER: Do you think that the prohibition of rescue -measures is identical with the shooting of shipwrecked sailors? - -HEISIG: We came to this. . . - -FLOTTENRICHTER KRANZBÜHLER: Please, answer my question. Do you think -these two things are identical? - -HEISIG: No. - -FLOTTENRICHTER KRANZBÜHLER: Thank you. - -THE PRESIDENT: Dr. Thoma, I am afraid the Tribunal will have to adjourn -now; and I have an announcement to make. You may cross-examine tomorrow. - -DR. THOMA: Thank you. - -THE PRESIDENT: As I have already said, the Tribunal will not sit in open -session this afternoon. - -The announcement that I have to make is in connection with the -organizations which are alleged to be criminal under Article 9 of the -Charter, and this is the announcement: - -The Tribunal has been giving careful consideration to the duty imposed -upon it by Article 9 of the Charter. - -It is difficult to determine the manner in which the representatives of -the named organizations shall be permitted to appear in accordance with -Article 9, without considering the exact nature of the case presented -for the Prosecution. - -For this reason, the Tribunal has come to the conclusion that, at this -stage of the Trial, with many thousands of applications being made, the -case for the Prosecution should be defined with more precision than -appears in the Indictment. - -In these circumstances, therefore, it is the intention of the Tribunal -to invite argument from the Counsel for the Prosecution and for the -Defense, at the conclusion of the case by all prosecutors, in regard to -the questions hereinafter set forth. - -The questions which need further consideration are as follows: - -1. The Charter does not define a criminal organization, and it is -therefore necessary to examine the tests of criminality which must be -applied and to decide the nature of the evidence to be admitted. - -Many of the applicants who have made requests to be heard assert that -they were conscripted into the organization, or that they were ignorant -of the criminal purposes of the organization, or that they were innocent -of any unlawful acts. - -It will be necessary to decide whether such evidence ought to be -received to rebut the charge of the criminal character of the -organization, or whether such evidence ought more properly to be -received at the subsequent trials under Article 10 of the Charter, when -the organizations have been declared criminal, if the Tribunal so -decides. - -2. The question of the precise time within which the named organization -is said to have been criminal is vital to the decision of the Tribunal. - -The Tribunal desires to know from the Prosecution at this stage whether -it is intended to adhere to the limits of time set out in the -Indictment. - -3. The Tribunal desires to know whether, in the light of the evidence, -any class of persons included within the named organizations should be -excluded from the scope of the declaration, and which, if any. - -In the indictment of the Leadership Corps of the Nazi Party, the -Prosecution have reserved the right to request that Politische Leiter of -subordinate grades or ranks, or of other types or classes, be exempted -from further proceedings without prejudice to other proceedings or -actions against them. - -Is it the intention of the Prosecution to make any such request? If so, -it should be done now. - -4. The Tribunal would be glad if the Prosecution would also: - -(a) Summarize in respect of each named organization the elements which -in their opinion justify the charge of being a criminal organization. - -(b) Indicate what acts on the part of individual defendants, indicted in -this Trial—in the sense used in Article 9 of the Charter—justify -declaring the groups or organizations of which they are members to be -criminal organizations. - -(c) Submit in writing a summary of proposed findings of fact as to each -organization, with respect to which a finding of criminality is asked. - -The Tribunal hopes it is not necessary to say to the Prosecution that it -is not seeking to interfere with the undoubted right of the Prosecution -to present its case in its own way, in the light of the full knowledge -of all the documents and facts which it possesses, but the duty of the -Tribunal under Article 9 of the Charter makes it essential at this time -to have the case clearly and precisely defined. - -This announcement will be communicated to the Chief Prosecutors and to -Defense Counsel in writing. - -The Tribunal will adjourn until 10 o’clock tomorrow morning. - - [_The Tribunal adjourned until 15 January 1946 at 1000 hours._] - - - - - THIRTY-FOURTH DAY - Tuesday, 15 January 1946 - - - _Morning Session_ - -THE PRESIDENT: Do any of the other Counsel for the Defense wish to -cross-examine this witness? [_Referring to Peter Josef Heisig, -interrogated the previous day._] - -[_There was no response._] - -Then, Colonel Phillimore, do you wish to re-examine? - -COL. PHILLIMORE: No, My Lord; I have no further questions. - -THE PRESIDENT: Then the witness can go. - -[_The witness left the stand._] - -COL. PHILLIMORE: Before I call my second witness, Karl Heinz Moehle, an -affidavit by him is the next document in the document book. - -[_Karl Heinz Moehle took the stand._] - -THE PRESIDENT: What is your name? - -KARL HEINZ MOEHLE (Witness): Karl Heinz Moehle. - -THE PRESIDENT: Will you repeat this oath: “I swear by God—the Almighty -and Omniscient—that I will speak the pure truth—and will withhold and -add nothing.” - -[_The witness repeated the oath in German._] - -THE PRESIDENT: You can sit down, if you wish. - -COL. PHILLIMORE: Karl Heinz Moehle, you held the rank of -Korvettenkapitän in the German Navy? - -MOEHLE: Yes, Sir. - -COL. PHILLIMORE: You served in the German Navy since 1930? - -MOEHLE: Yes, Sir. - -COL. PHILLIMORE: Will you tell the Tribunal what decorations you hold? - -MOEHLE: I received the Submarine War Medal; the Iron Cross, Second -Class; the Iron Cross, First Class; the Knight’s Cross; the War Service -Cross, First and Second Class; and the German Cross in Silver. - -COL. PHILLIMORE: Did you swear to an affidavit covering a statement you -have made on the 21st of July 1945? - -MOEHLE: Yes, Sir; I made such a statement. - -COL. PHILLIMORE: I show you that document and ask you to say whether -that is your affidavit. - -[_Document 382-PS was submitted to the witness._] - -MOEHLE: Yes, this is my affidavit. - -COL. PHILLIMORE: I put that document in, which is 382-PS, and it becomes -Exhibit GB-202. - -[_Turning to the witness._] In the autumn of 1942 were you head of the -5th U-boat Flotilla? - -MOEHLE: Yes. - -COL. PHILLIMORE: Were you stationed at Kiel? - -MOEHLE: Yes, Sir. - -COL. PHILLIMORE: How long did you hold that appointment altogether? - -MOEHLE: For 4 years. - -COL. PHILLIMORE: Was that from June 1941 until the capitulation? - -MOEHLE: That is correct. - -COL. PHILLIMORE: What were your duties as commander of that flotilla? - -MOEHLE: My main duties as Flotilla Commander consisted of the fitting -out of U-boats which were to be sent to the front from home bases, and -giving them the orders of the U-boat command. - -COL. PHILLIMORE: Had you any special responsibility to U-boat commanders -in respect of the orders? - -MOEHLE? Yes, Sir; it was my responsibility to see that outgoing U-boats -were provided with the new orders of the U-boat command. - -COL. PHILLIMORE: Had you any responsibility in explaining the orders? - -MOEHLE: The orders of the U-boat command were always very clear and -unambiguous. If there were any ambiguities I used to have these -ambiguities cleared up myself at the Staff of the Commander-in-Chief of -U-boats. - -COL. PHILLIMORE: Did you personally see commanders before they went out -on patrol? - -MOEHLE: Yes, each commander before leaving for an operational cruise -went through a so-called commander’s briefing. - -COL. PHILLIMORE: I will go back, if I may, for two or three questions. -Did you personally see commanders before they went out on patrol? - -MOEHLE: Yes, each commander before sailing on a mission went through a -briefing session at my office. - -COL. PHILLIMORE: And what did that briefing session consist of? Were -there any questions on the orders? - -MOEHLE: Yes, Sir, all experiences of previous patrols and any questions -of the ship’s equipment were discussed with the commander at that -session. Also, the commanders had an opportunity at the briefing to -clarify any uncertainties, which might have existed in their minds, by -asking questions. - -COL. PHILLIMORE: Apart from your briefing sessions, did commanders also -go to Admiral Dönitz’ headquarters for briefing? - -MOEHLE: As far as that was possible it was done, especially from the -moment when the Commander-in-Chief of U-boats had transferred his office -from Paris to Berlin. - -COL. PHILLIMORE: Do you remember an order in the autumn of 1942 dealing -with lifeboats? - -MOEHLE: Yes. In September 1942 I received a wireless message addressed -to all commanders at sea, and it dealt with that question. - -COL. PHILLIMORE: I show you this document. - -My Lord, that is the exhibit I have already put in as GB-199. - -THE PRESIDENT: What other number has it? - -COL. PHILLIMORE: It is Document D-630. - -[_Turning to the witness._] Is that the order you are referring to? - -MOEHLE: Yes, that is the order. - -COL. PHILLIMORE: From the time when you were captured until last Friday -had you seen that order? - -MOEHLE: No, Sir. - -COL. PHILLIMORE: It follows, I think, that the account of the order in -your statement was given from recollection? - -MOEHLE: Yes, only from recollection. - -COL. PHILLIMORE: Now, after you got that order did you go to Admiral -Dönitz’ headquarters? - -MOEHLE: Yes, at my first visit to headquarters after receipt of the -order, I personally discussed it with Lieutenant Commander Kuppisch who -was a specialist on the staff of the U-boat command. - -COL. PHILLIMORE: Will you tell the Tribunal what was said at that -meeting? - -MOEHLE: At that meeting I asked Lieutenant Commander Kuppisch how the -ambiguity contained in that order—or I might say, lack of -clarity—should be understood. He explained the order by two -illustrations. - -The first example was that of a U-boat in the outer Bay of Biscay. It -was sailing on patrol when it sighted a rubber dinghy carrying survivors -of a British plane. The fact that it was on an outgoing mission, that -is, being fully equipped, made it impossible to take the crew of the -plane on board, although, especially at that time, it appeared -especially desirable to bring back specialists in navigation from -shot-down aircraft crews to get useful information from them. The -commander of the U-boat made a wide circle around this rubber boat and -continued on his mission. When he returned from his mission he reported -this case to the staff of the Commander-in-Chief of U-boats. The staff -officers reproached him, saying that, if he were unable to bring these -navigation specialists back with him, the right thing to do would have -been to attack that crew, for it was to be expected that, in less than -24 hours at the latest, the dinghy would be rescued by British -reconnaissance forces, and they. . . - -COL. PHILLIMORE: I don’t quite get what you said would have been the -correct action to take. You were saying the correct thing to do would -have been. . . - -MOEHLE: The right thing to do would have been to attack the air crew as -it was not possible to bring back the crew or these specialists, for it -could be expected that that crew would be found and rescued within a -short time by British reconnaissance forces, and in given circumstances -might again destroy one or two German U-boats. - -The second example. . . - -COL. PHILLIMORE: Did he give you any second example? - -MOEHLE: Yes, the second example I am going to recount now. - -Example 2. During the first month of the U-boat warfare against the -United States a great quantity of tonnage—I do not recollect the exact -figure—had been sunk in the shallow waters off the American coast. In -these sinkings the greater part of the crews were rescued, because of -the close proximity of land. That was exceedingly regrettable, as to -merchant shipping not only tonnage but also crews belong, and in the -meantime these crews were again able to man newly-built ships. - -COL. PHILLIMORE: You have told us about the ambiguity of the order. Are -you familiar with the way Admiral Dönitz worded his orders? - -MOEHLE: I do not quite understand the question. - -COL. PHILLIMORE: Are you familiar with the way Admiral Dönitz normally -worded his orders? - -MOEHLE: Yes. In my opinion, the order need only have read like this: It -is pointed out anew that rescue measures have to be discontinued for -reasons of safety for the submarines. This is how, I think, the order -should have been worded—if only rescue measures had been forbidden. -All. . . - -COL. PHILLIMORE: Are you saying that if it had been intended only to -prohibit rescue measures it would have been sufficient to refer to the -previous order? - -MOEHLE: Yes, Sir; that would have been enough. - -COL. PHILLIMORE: Was that previous order also marked “top secret”? - -MOEHLE: I do not remember that exactly. - -COL. PHILLIMORE: What was the propaganda at the time with regard to -crews? - -MOEHLE: The propaganda at that time was to the effect that the enemy was -having great difficulty in finding sufficient crews for his merchant -marine and. . . - -THE PRESIDENT: The question as to the propaganda at that time is too -general a question for him to answer. - -COL. PHILLIMORE: If Your Honor pleases, I don’t press it. - -[_Turning to the witness._] From your knowledge of the way orders were -worded, can you tell the Tribunal what you understood this order to -mean? - -MOEHLE: The order meant, in my own opinion, that although rescue -measures remained prohibited, on the other hand it was desirable in the -case of sinkings of merchantmen that there should be no survivors. - -COL. PHILLIMORE: And was it because you understood this to be the -meaning that you went to Admiral Dönitz’ headquarters? - -MOEHLE: I did not go to the headquarters of the U-boat command on -account of this order alone; these visits took place at frequent -intervals in order to discuss other questions also and to have the -opportunity of keeping constantly in touch with the views and opinions -of the U-boat command, as I had to transmit them to the commanders. - -COL. PHILLIMORE: How did you brief commanders on this order? - -MOEHLE: At these briefing sessions I read the wording of the wireless -message to the commanders without making any comment. In a very few -instances some commanders asked me about the meaning of the order. In -such cases I gave them the two examples that headquarters had given to -me. However, I added, “U-boat command cannot give you such an order -officially; everybody has to handle this according to his own -conscience.” - -COL. PHILLIMORE: Do you remember an order about rescue ships? - -MOEHLE: Yes, Sir. - -COL. PHILLIMORE: Can you say what the date of that order was? - -MOEHLE: I do not remember the exact date, but I think it must have been -about the same as the order of September 1942. - -COL. PHILLIMORE: May the witness see the Document D-663 which I put in -yesterday? - -THE PRESIDENT: Yes. - -COL. PHILLIMORE: It is the German copy of the document that I am showing -him; the original is being held. - -[_Document D-663 was submitted to the witness._] - -MOEHLE: Yes, Sir; I recognize that order. - -COL. PHILLIMORE: You will note that the date on that document is the 7th -of October 1943. - -MOEHLE: Yes, this order is laid down there in the general Operational -Order Atlantic Number 56. According to my recollection, this order was -already contained in the previous effective Operational Order Number 54, -that is in a wireless message containing practical experiences and -instructions. I cannot remember exactly. The date is October 1943. - -THE PRESIDENT: Colonel Phillimore, is that order in the index here? - -COL. PHILLIMORE: Yes, My Lord, that is the Document D-663, which I put -in yesterday as Exhibit GB-200. If it is omitted from the index, Your -Lordship will remember it is the document which, as I explained -yesterday, we just received. - -THE PRESIDENT: Where does it come in? - -COL. PHILLIMORE: It comes in after D-630. - -THE PRESIDENT: Oh yes. Thank you. - -COL. PHILLIMORE: Your Lordship will remember the order; it deals with -rescue ships attached to convoys, and it was on the last sentence that I -relied. - -THE PRESIDENT: Yes, I only wanted to get the words of it. - -COL. PHILLIMORE: Yes, Sir. My Lord, also I have the original here now -and if it is thought necessary the witness can see it, but he has seen a -copy. - -[_Turning to the witness._] Do you remember an order about entries in -logs? - -MOEHLE: Yes, Sir. At the time, the exact date I do not remember, it had -been ordered that sinkings and other acts which were in contradiction to -international conventions should not be entered in the log but should be -reported orally after return to the home port. - -COL. PHILLIMORE: Would you care to say why it is that you are giving -evidence in this case? - -MOEHLE: Yes, Sir; because when I was taken prisoner it was claimed that -I was the author of these orders, and I do not want to have this charge -connected with my name. - -COL. PHILLIMORE: My Lord, the witness is available for examination by my -colleagues and for cross-examination. - -THE PRESIDENT: Does any counsel for any defendant wish to ask the -witness any questions? - -FLOTTENRICHTER KRANZBÜHLER: Lieutenant Commander Moehle, since when have -you been in the U-boat arm? - -MOEHLE: Since the end of 1936. - -FLOTTENRICHTER KRANZBÜHLER: Do you know Grossadmiral Dönitz personally? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Since when? - -MOEHLE: Since October 1937. - -FLOTTENRICHTER KRANZBÜHLER: Do you see him here in this room? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Where? - -MOEHLE: To the left in the rear. - -FLOTTENRICHTER KRANZBÜHLER: Do you know Grossadmiral Dönitz as an -admiral to whom none of his flotilla chiefs and commanders could speak? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Or was the opposite the case? - -MOEHLE: He could be approached by everybody at any time. - -FLOTTENRICHTER KRANZBÜHLER: Have you yourself been a commander of a -U-boat? - -MOEHLE: Yes, on nine operations. - -FLOTTENRICHTER KRANZBÜHLER: For how long? - -MOEHLE: From the beginning of the war until April 1941. - -FLOTTENRICHTER KRANZBÜHLER: How many ships did you sink? - -MOEHLE: Twenty ships. - -FLOTTENRICHTER KRANZBÜHLER: After sinking ships, did you destroy the -rescue equipment or fire at the survivors? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Did you have an order to do that? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Had the danger passed for a U-boat after the -attack on a merchantman? - -MOEHLE: No; the danger to the U-boat does not end when the attack is -over. - -FLOTTENRICHTER KRANZBÜHLER: Why not? - -MOEHLE: Because in most instances when a ship is sunk, the ship is in a -position to send SOS messages and give its position, and thus bring -striking forces to attack the U-boat at the last minute. - -FLOTTENRICHTER KRANZBÜHLER: Is there a maxim in the U-boat arm that -fighting comes before rescuing? - -MOEHLE: I never heard of that rule put in that way. - -FLOTTENRICHTER KRANZBÜHLER: Prior to the order of September 1942 did you -know of any other orders by which rescue work was prohibited if it -entailed danger to the U-boat? - -MOEHLE: Yes, but I do not know when and where this order was laid down. -It had been ordered that, as a matter of principle, the safety of one’s -own boat takes precedence. - -FLOTTENRICHTER KRANZBÜHLER: Was this ordered only once, or in several -instances? - -MOEHLE: That I cannot say. - -FLOTTENRICHTER KRANZBÜHLER: Do you know that the order of September 1942 -was given in consequence of an incident in which German U-boats, -contrary to orders, had undertaken rescue measures? - -MOEHLE: Yes, Sir. - -FLOTTENRICHTER KRANZBÜHLER: And the U-boats were then attacked by Allied -aircraft? - -MOEHLE: Yes, Sir. - -FLOTTENRICHTER KRANZBÜHLER: A minute ago you classified the order of -September 1942 as ambiguous, did you not? - -MOEHLE: Yes, Sir. - -FLOTTENRICHTER KRANZBÜHLER: You interpreted it to the commanders in the -sense that the order should include the destruction of rescue facilities -and of the shipwrecked crew? - -MOEHLE: No, not quite; I gave the two examples to the commanders only if -they made an inquiry and I passed them on in the same way as I had -received them from the Commander-in-Chief Submarine Fleet and they -themselves could draw that conclusion from these two examples. - -FLOTTENRICHTER KRANZBÜHLER: In which sentence of the order do you see a -hidden invitation to kill survivors or to destroy the rescue facilities? - -MOEHLE: In the sentence. . . - -FLOTTENRICHTER KRANZBÜHLER: Just a second, I shall read to you each -sentence of the order separately. - -MOEHLE: Very well. - -FLOTTENRICHTER KRANZBÜHLER: I read from the Document D-630: - - “1. No attempt of any kind must be made at rescuing members of - ships sunk, and this includes picking up persons in the water - and putting them in lifeboats, righting capsized lifeboats, and - handing over food and water. These are absolutely forbidden.” - -Do you see it in this sentence? - -MOEHLE: No. - - FLOTTENRICHTER KRANZBÜHLER: “Rescue measures contradict the most - primitive demands of warfare that crews and ships should be - destroyed.” - -Do you see that in this sentence? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Does that sentence contain anything as to -the destruction of shipwrecked persons? - -MOEHLE: No, of crews. - -FLOTTENRICHTER KRANZBÜHLER: At the end of the order is the phrase “Be -harsh.” Did you hear that phrase there for the first time? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Was this phrase used by Commander-in-Chief -of U-boats to get the commanders to be severe themselves and to their -crews? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Did you discuss the order with Lieutenant -Commander Kuppisch? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Do you remember that exactly? - -MOEHLE: As far as I can rely upon my recollection after such a long -time. - -FLOTTENRICHTER KRANZBÜHLER: Where did that conversation take place? - -MOEHLE: At the staff headquarters of the U-boat command, probably in -Paris. - -FLOTTENRICHTER KRANZBÜHLER: What position did Lieutenant Commander -Kuppisch occupy at the time? - -MOEHLE: As far as I can remember, he was the man in charge of the Enemy -Convoys Department, but I could not say that with any certainty. - -FLOTTENRICHTER KRANZBÜHLER: Was the superior officer of Lieutenant -Commander Kuppisch, Commander Hessler? - -MOEHLE: Superior officer? I would not say so, because Commander Hessler -was on the same level as Kuppisch, a departmental chief. - -FLOTTENRICHTER KRANZBÜHLER: Was Lieutenant Commander Kuppisch’s superior -Admiral Goth? - -MOEHLE: Yes, in his capacity of Chief of Staff. - -FLOTTENRICHTER KRANZBÜHLER: Did you speak to Commander Hessler or -Admiral Goth or with the Grossadmiral himself with regard to the -interpretation to be given to the order of September? - -MOEHLE: Whether I spoke to Commander Hessler, I do not remember, but in -any case not to Admiral Goth or the Grossadmiral himself. - -FLOTTENRICHTER KRANZBÜHLER: You said Lieutenant Commander Kuppisch had -told you about the opinion which was prevalent in the staff of the -U-boat command. - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: With regard to the attitude towards the -aviators in the Bay of Biscay, did he tell you that it was the opinion -of the Grossadmiral himself? - -MOEHLE: I do not remember that. It is too far back. When explanations -were given at staff meetings of the U-boat command and an opinion was -expressed by a responsible departmental chief, we flotilla leaders -naturally took this to be the official opinion of the Commander-in-Chief -of the U-boat arm. Admiral Goth personally or the Commander-in-Chief of -the U-boat arm was only approached in cases where the departmental -chiefs refused to commit themselves definitely or to assume the -responsibility for an answer. - -FLOTTENRICHTER KRANZBÜHLER: Did you not get to know that the story of -the airmen who had been shot down in the Bay of Biscay was in actual -fact just the opposite. . . - -MOEHLE: I do not understand. - -FLOTTENRICHTER KRANZBÜHLER: I continue: That the commander was -reprimanded because he did not bring home these flyers even if it meant -breaking off his operation. - -MOEHLE: No, I do not know that. - -FLOTTENRICHTER KRANZBÜHLER: Did Lieutenant Commander Kuppisch tell you -in connection with that second example you mentioned, that the -shipwrecked or their rescue equipment off the American coast should have -been destroyed? - -MOEHLE: No; he only said it was regrettable that the crews had been -rescued. - -FLOTTENRICHTER KRANZBÜHLER: And you concluded from that that it was -desired to have the shipwrecked killed? - -MOEHLE: I did not draw any conclusions at all from that for I passed on -these examples without any commentary. - -FLOTTENRICHTER KRANZBÜHLER: Do you know the standing orders of the -U-boat command? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Do they contain the guiding principles of -U-boat warfare? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Is there any order in the standing orders -directing or advising the killing of shipwrecked persons or the -destruction of rescue facilities? - -MOEHLE: As far as I know, no. - -FLOTTENRICHTER KRANZBÜHLER: What grade of secrecy was attached to these -standing orders? - -MOEHLE: As far as I remember, top secret. - -FLOTTENRICHTER KRANZBÜHLER: Do you remember that in Standing Order 511 -the following was ordered. . . - -Mr. President, I read from an order which I shall submit in evidence -later on. I cannot do it now because I have not yet the original. - - “Standing Order of the U-boat Command Number 511; 20 May 1943; - taking on board of officers of sunken ships. - - “1. As far as accommodation facilities on board permit, captains - and chief engineers of sunken ships are to be brought in. The - enemy tries to thwart this intention and has issued the - following order: (a) masters are not allowed to identify - themselves when questioned, but should if possible use sailors - selected especially for this purpose; (b) crew has to state that - masters and chief engineers remained on board. - - “If in spite of energetic questioning it is not possible to find - the masters or the chief engineers, then other ships’ officers - should be taken aboard. - - “2. Masters and officers of neutral ships, which, according to - Standing Order Number 101, can be sunk (for instance, Swedish - ships outside Göteborg traffic), are not to be brought in - because internment of these officers would violate international - law. - - “3. In case ship officers cannot be taken prisoner, other white - members of the crew should be taken along as far as - accommodation facilities and further operations of the craft - permit, for the purpose of interrogation for military and - propaganda purposes. - - “4. In case of the sinking of a single cruising destroyer, - corvette, or escort vessel, try at all costs to take prisoners, - if that can be done without endangering the boat. Interrogation - of the prisoners at transit camps . . . can produce valuable - hints as to antisubmarine tactics, devices, and weapons used by - the enemy; the same applies to air crews of shot-down planes.” - -[_Turning to the witness._] Do you know that order? - -MOEHLE: Yes. The order seems familiar to me. - -FLOTTENRICHTER KRANZBÜHLER: Do you know the order 513? - - “Standing Order of U-boat Command; 1 June 1944; taking along of - prisoners. - - “1. Statements of prisoners are the safest and best source of - information regarding enemy tactics, weapons, location - appliances and methods. Prisoners from planes and destroyers may - be of the greatest importance to us; therefore, as far as - possible and without endangering the boat, the utmost is to be - done to take such prisoners. - - “2. As prisoners are extremely willing to talk when captured, - interrogate them at once on board. It is of special interest to - know the manner of locating U-boats by aircraft, whether by - radar or by passive location methods; for instance, by - ascertaining, through electricity or heat, the location of the - boat. Report prisoners taken as soon as possible in order to - hand them over to returning boats.” - -Do you know that order? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Did you not notice and try to clarify a -contradiction between these orders concerning the rescue of air crews in -every case and the story you passed on about the destruction of air -crews? - -MOEHLE: No; because in the order of September 1942 it also says that the -order about the bringing in of ships’ captains and chief engineers -remains in force. - -FLOTTENRICHTER KRANZBÜHLER: Did you hear of any instance where a U-boat -brought in captains and chief engineers but shot the rest of the crew? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Do you consider it at all possible that such -an order can be given—that is, that part of the crew should be rescued -and the rest of the crew should be killed? - -MOEHLE: No, Sir. One cannot make such an order. - -FLOTTENRICHTER KRANZBÜHLER: Did you ever hear of any case where a U-boat -commander, on the basis of your briefings, destroyed rescue equipment or -killed shipwrecked persons? - -MOEHLE: No. - -FLOTTENRICHTER KRANZBÜHLER: Was it permitted to attack neutral vessels -outside the fixed blockade zones? - -MOEHLE: Only in cases where they were not marked as neutrals according -to regulations. - -FLOTTENRICHTER KRANZBÜHLER: Was the Commander of the U-boat fleet -particularly severe in enforcing this order for the protection of -neutral ships? - -MOEHLE: As I know of no such cases, I cannot say anything on that -subject. - -FLOTTENRICHTER KRANZBÜHLER: Do you know that the commanders were -threatened with court-martial if they did not obey the orders given for -the protection of neutrals? - -MOEHLE: Yes; I remember one case which happened in the Caribbean Sea. - -FLOTTENRICHTER KRANZBÜHLER: Do you remember an order of 1944 directing -that neutral ships be stopped and searched? - -MOEHLE: Yes, it was ordered, but I do not remember the date, that -particular Spanish and Portuguese ships in the North Atlantic should be -stopped and searched. - -FLOTTENRICHTER KRANZBÜHLER: Did you pass on that order to the -commanders? - -MOEHLE: As far as I recollect, this order was given in writing and was -contained in one of the official sets of orders. I passed on orders to -commanders only when they were not contained in a set of orders. - -FLOTTENRICHTER KRANZBÜHLER: In passing that order on, did you make an -addition as to whether that order should be executed or not? - -MOEHLE: Yes, I remember that I said—when that order came by radio and -the commanders did not know of it yet—that they should be exceedingly -careful, when stopping neutrals, as there was always the danger that -also a neutral ship might disclose the position of the U-boat by radio. -Owing to the air superiority of the enemy in the North Atlantic, it -would always be safer or better not to be compelled to stop these ships. - -FLOTTENRICHTER KRANZBÜHLER: Had you orders from the Commander of the -U-boat fleet to make this additional remark? - -MOEHLE: As far as I remember, one of the departmental chiefs in the -U-boat command—I assume it was Commander Hessler—told me or took -particular care to point out that any stopping of ships, even neutrals, -involved considerable danger to the U-boat. - -FLOTTENRICHTER KRANZBÜHLER: Because of the air patrol? - -MOEHLE: Because of the air patrol. - -FLOTTENRICHTER KRANZBÜHLER: Your attention has been called to the order -concerning the so-called rescue ships. - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Do you remember that? - -MOEHLE: Yes. - -FLOTTENRICHTER KRANZBÜHLER: Were these “rescue ships” recognized under -international law as hospital ships, with appropriate markings? - -MOEHLE: As far as I know, they were not. - -FLOTTENRICHTER KRANZBÜHLER: What orders existed that hospital ships -should be protected? - -MOEHLE: Where these orders were laid down—whether in writing I do not -remember—I only know that the Commander of the U-boats fleet frequently -reminded the commanders of the absolute inviolability of hospital ships. - -FLOTTENRICHTER KRANZBÜHLER: Do you know of any case in which a hospital -ship was attacked by a U-boat? - -MOEHLE: No; I don’t know of such a case. - -FLOTTENRICHTER KRANZBÜHLER: If the Commander of the U-boat fleet had -been interested in destroying helpless human beings in violation of -international law, the destruction of hospital ships would have been an -excellent means, don’t you think? - -MOEHLE: Without any doubt. - -FLOTTENRICHTER KRANZBÜHLER: I have no further questions. - -THE PRESIDENT: Does any other Defense Counsel wish to cross-examine this -witness? - -[_No response._] - -THE TRIBUNAL (Mr. Biddle): Did you ever save any of the survivors of the -vessels that you torpedoed? - -MOEHLE: I have not been in a position to do that due to the military -situation. - -THE TRIBUNAL (Mr. Biddle): You mean to say it was dangerous to your boat -to do it? - -MOEHLE: Not only that. A great number of the ships which I sunk were in -a convoy or else there was a rough sea, so that it was impossible to -undertake any rescue measures owing to navigation conditions. - -THE TRIBUNAL (Mr. Biddle): That is all. - -THE PRESIDENT: Colonel Phillimore, do you want to re-examine? - -COL. PHILLIMORE: My Lord, I have about three questions. - -THE PRESIDENT: Very well. - -COL. PHILLIMORE: [_Turning to the witness._] When you were a U-boat -commander yourself, what was the order with regard to rescue? - -MOEHLE: At the beginning of the war we had been told that the safety of -one’s own boat was the decisive thing, and that the boat should not be -endangered by rescue measures. Whether these orders already existed in -writing at the outbreak of the war I do not remember. - -COL. PHILLIMORE: When you got this order of the 17th of September 1942, -did you take it merely as prohibiting rescue or as going further? - -MOEHLE: When I received that order I noticed that it was not entirely -clear, as orders of the B. d. U. normally were. One could see an -ambiguity in it. - -COL. PHILLIMORE: You have not answered my question. Did you take the -order to mean that a U-boat commander should merely abstain from rescue -measures, or as something further? - -MOEHLE: I took the order to mean that something further was implied, -only it was not actually ordered but was considered desirable. - -COL. PHILLIMORE: The instance you were given about the Bay of Biscay, -had you any knowledge of the facts of that incident? - -MOEHLE: No, the circumstances of that case are not known to me. - -COL. PHILLIMORE: What were the actual words you used when you passed -that order on to commanders? - -MOEHLE: I told the commanders in so many words: We are now approaching a -very delicate and difficult chapter; it is the question of the treatment -of lifeboats. The Commander of the U-boat fleet issued the following -radio message in September 1942—I then read the radio message of -September 1942 in full. For most of those present the chapter was -closed; no commander had any questions to ask. Explanations were not -given unless questions were asked. In some few instances the commanders -asked, “How should this order be interpreted?” Then as a means of -interpretation I gave the two examples which had been related to me at -the U-boat command and added, “Officially such a thing cannot be -ordered; everybody has to reconcile that with his own conscience.” - -COL. PHILLIMORE: Do you remember any comment being made by commanding -officers after you had read the order? - -MOEHLE: Yes, Sir. Several commanders, following the reading of this -radio message said, without making any further comment, “That is very -clear, but damned hard.” - -COL. PHILLIMORE: My Lord, I have no further questions. - -THE PRESIDENT: The Tribunal will adjourn for 10 minutes. - - [_A recess was taken._] - -COL. PHILLIMORE: My Lord, I would now put before the Tribunal two cases -where that order of the 17th of September 1942 was apparently put into -effect. The first case is set out at the next document in the document -book, which is D-645. My Lord, I put that document in and it becomes -Exhibit GB-203. It is a report of the sinking of a steam trawler, a -fishing trawler, the _Noreen Mary_, which was sunk by _U-247_ on the 5th -of July 1944. The first page of the document contains an extract from -the log of the U-boat. The time reference 1943 on the document is -followed by an account of the firing of two torpedoes which missed, and -then, at 2055 hours, the log reads: - - “Surfaced. Fishing Vessels. . . .”—bearings given of three - ships—“Engaged the nearest. She stops after 3 minutes.” - -Then there is an account of a shot fired as the trawler lay stopped, and -then, the final entry: - - “Sunk by flak, with shots into her side. Sank by the stern.” - -The Tribunal will notice there is no mention in the log of any action -against the torpedoed or the shipwrecked seamen. - -THE PRESIDENT: Why is it entered as 5. 7. 1943? - -COL. PHILLIMORE: It is a typing error. I should have pointed it out. - -My Lord, the next page of the document is a comment on the action by the -U-boat command, and the last line reads: - - “Recognized success: Fishing vessel _Noreen Mary_ sunk by flak.” - -And then there is an affidavit by James MacAlister, who was a deckhand -on board the _Noreen Mary_ at the time of the sinking. My Lord, reading -the last paragraph on the first page of the affidavit. He has dealt -earlier with having seen the torpedo tracks, which missed the trawler. -The last paragraph reads: - - “At 2110 hours, while we were still trawling, the submarine - surfaced on our starboard beam, about 50 yards to the northeast - of us, and without any warning immediately opened fire on the - ship with a machine gun. We were 18 miles west from Cape Wrath, - on a northwesterly course, making 3 knots. The weather was fine - and clear, sunny, with good visibility. The sea was smooth, with - light airs.” - -My Lord, then there is an account of the firing in the next, paragraph, -and then, if I might read from the second paragraph, on Page 2. - -THE PRESIDENT: Why not read the first? - -COL. PHILLIMORE: If Your Lordship pleases: - - “When the submarine surfaced I saw men climbing out of the - conning tower. The skipper thought at first the submarine was - British, but when she opened fire he immediately slackened the - brake to take the weight off gear”—that is, the trawl—“and - increased to full speed, which was about 10 knots. The submarine - chased us, firing her machine gun, and with the first rounds - killed two or three men, including the skipper, who were on deck - and had not had time to take cover. The submarine then started - using a heavier gun from her conning tower, the first shot from - which burst the boiler, enveloping everything in steam and - stopping the ship. - - “By now the crew had taken cover, but in spite of this all but - four were killed. The submarine then commenced to circle round - ahead of the vessel, and passed down her port side with both - guns firing continuously. We were listing slowly to port all the - time but did not catch fire. - - “The mate and I attempted to release the lifeboat, which was - aft, but the mate was killed whilst doing so, so I abandoned the - attempt. I then went below into the pantry, which was below the - waterline, for shelter. The ship was listing more and more port, - until finally at 2210 she rolled right over and sank, and the - only four men left alive on board were thrown into the sea. I do - not know where the other three men had taken cover during this - time, as I did not hear or see them until they were in the - water. - - “I swam around until I came across the broken bow of our - lifeboat which was upside down, and managed to scramble on top - of it. Even now the submarine did not submerge, but deliberately - steamed in my direction and when only 60 to 70 yards away fired - directly at me with a short burst from the machine gun. As their - intention was quite obvious, I fell into the water and remained - there until the submarine ceased firing and submerged, after - which I climbed back on to the bottom of the boat. The submarine - had been firing her guns for a full hour.” - -My Lord, then the affidavit goes on to describe the deponent and others -attempting to rescue themselves and to help each other, and then they -were picked up by another trawler. - -The last paragraph on that page: - - “Whilst on board the _Lady Madeleine_ the second engineer and I - had our wounds dressed. I learned later that the second engineer - had 48 shrapnel wounds, also a piece of steel wire 2½ inches - long embedded in his body.” - -And there is a sentence on which I don’t rely, and the last sentence: - - “I had 14 shrapnel wounds.” - -My Lord, and then the last two paragraphs of the affidavit: - - “This is my fourth wartime experience, having served in the - whalers _Sylvester_ (mined) and _New Seville_ (torpedoed), and - the trawler _Ocean Tide_, which ran ashore. - - “As a result of this attack by U-boat, the casualties were six - killed . . . two missing . . . two injured. . . .” - -My Lord, the next document, D-647, I put in as Exhibit GB-204. My Lord, -this is an extract from a statement given by the second officer of the -ship _Antonico_, torpedoed, set afire, and sunk, on the 28th of -September 1942, on the coast of French Guiana. The Tribunal will observe -that the date of the incident is some 11 days after the issue of the -order. My Lord, I would read from the words “that the witness saw the -dead,” slightly more than halfway down on the first page. An account has -been given of the attack on the ship, which by then was on fire: - - “. . . that the witness saw the dead on the deck of the - _Antonico_ as he and his crew tried to swing out their lifeboat; - that the attack was fulminant, lasting almost 20 minutes; and - that the witness already in the lifeboat tried to get away from - the side of the _Antonico_ in order to avoid being dragged down - by the same _Antonico_ and also because she was the aggressor’s - target; that the night was dark, and it was thus difficult to - see the submarine, but that the fire aboard the _Antonico_ lit - up the locality in which she was submerging, facilitating the - enemy to see the two lifeboats trying to get away; that the - enemy ruthlessly machine-gunned the defenseless sailors in - Number 2 lifeboat, in which the witness found himself, and - killed the Second Pilot Arnaldo de Andrade de Lima, and wounded - three of the crew; that the witness gave orders to his company - to throw themselves overboard to save themselves from the - bullets: in so doing, they were protected and out of sight - behind the lifeboat, which was already filled with water; even - so the lifeboat continued to be attacked. At that time the - witness and his companions were about 20 meters in distance from - the submarine. . . .” - -My Lord, I haven’t got the U-boat’s log in that case, but you may think -that, in view of the order with regard to entries in logs, namely that -anything compromising should not be put in, it would be no more helpful -than in the case of the previous incident. - -My Lord, the next Document, D-646(a), I put in as Exhibit GB-205. It is -a monitored account of a talk by a German naval war reporter on the long -wave propaganda service from Friesland. The broadcast was in English, -and the date is the 11th of March 1943. It is, if I may quote: - - “Santa Lucia, in the West Indies, was an ideal setting for - romance, but nowadays it was dangerous to sail in these - waters—dangerous for the British and Americans and for all the - colored people who were at their beck and call. Recently a - U-boat operating in these waters sighted an enemy windjammer. - Streams of tracer bullets were poured into the sails and most of - the Negro crew leaped overboard. Knowing that this might be a - decoy ship, the submarine steamed close, within 20 yards, when - hand grenades were hurled into the rigging. The remainder of the - Negroes then leaped into the sea. The windjammer sank. There - remained only wreckage, lifeboats packed with men, and sailors - swimming. The sharks in the distance licked their teeth in - expectation. Such was the fate of those who sailed for Britain - and America.” - -My Lord, the next page of the document I don’t propose to read. It is an -extract from the log of the U-boat believed to have sunk this ship. It -was, in fact, the _C. S. Flight_. - -My Lord, I read that because, in my submission, it shows that it was the -policy of the enemy at the start to seek to terrorize crews, and it is a -part with the order with regard to rescue ships and with the order on -the destruction of seamen. - -If I might say so, in view of the cross-examination, the Prosecution do -not complain of rescue ships being attacked. They are not entitled to -protection. The point of the order was that they were to be given -priority in attack, and the order, therefore, is closely allied with the -order of the 17th of September 1942. In view of the Allied building -program, it had become imperative to prevent the ships being manned. - -My Lord, I pass to the period after the defendant had succeeded the -Defendant Raeder. My Lord, the next document is 2098-PS. It has been -referred to but not, I think, put in. I put it in formally as Exhibit -GB-206. My Lord, I won’t read it. It merely sets out that the Defendant -Raeder should have the equivalent rank of a minister of the Reich, and I -ask the Tribunal to infer that on succeeding Raeder the Defendant Dönitz -would presumably have succeeded to that right. - -THE PRESIDENT: This is from 1938 onward? - -COL. PHILLIMORE: From 1938 onward. - -The next document, D-648, I put in as Exhibit GB-207. It is an affidavit -by an official, or rather it is an official report certified by an -official of the British Admiralty. The certificate is on the last page, -and it sets out the number of meetings, the dates of the meetings and -those present, on the occasion of meetings between the Defendant Dönitz -or his representative with Hitler from the time that he succeeded Raeder -until the end. The certificate states: - - “. . . I have compiled from them”—that is, from captured - documents—“the attached list of occasions on which Admiral - Dönitz attended conferences at Hitler’s headquarters. The list - of other senior officials who attended the same conferences is - added when this information was contained in the captured - documents concerned. I certify that the list is a true extract - from the collective documents which I have examined, and which - are in the possession of the British Admiralty, London.” - -My Lord, I won’t go through the list. I would merely call the Tribunal’s -attention to the fact that either Admiral Dönitz or his deputy, -Konteradmiral Voss, was present at each of these meetings; and that -amongst those who were also constantly there were the Defendants Speer, -Keitel, Jodl, Ribbentrop, and Göring, and also Himmler or his -lieutenants, Fegelein or Kaltenbrunner. - -My Lord, the inference which I ask the Tribunal to draw from the -document is that from the time that he succeeded Raeder, this defendant -was one of the rulers of the Reich and was undoubtedly aware of all -decisions, major decisions of policy. - -My Lord, I pass to the next document, C-178. That has already been put -in as Exhibit Number USA-544. It is an internal memorandum of the naval -war staff, written by the division dealing with international law to -another division, and the subject is the order with regard to the -shooting of Commandos, of the 18th of October 1942, with which the -Tribunal are, I think, familiar. - -The point of the document is that some doubt appeared to have arisen in -some quarters with regard to the understanding of the order, and in the -last sentence of the memorandum it is suggested: - - “As far as the Navy is concerned, it remains to be seen whether - or not this case should be used to make sure, after a conference - with the Commander-in-Chief of the Navy, that all departments - concerned have an entirely clear conception regarding the - treatment of members of Commando units.” - -My Lord, whether that conference took place or not I do not know. The -document is dated some 11 days after this defendant had taken over from -the Defendant Raeder. - -But the next document in the book, D-649, which I put in as Exhibit -GB-208, is an instance of the Navy in July of that year—July -1943—handing over to the SD for shooting Norwegian and British naval -personnel whom the Navy decided came under the terms of the order. My -Lord, it is an affidavit by a British barrister-at-law who served as -judge advocate at the trial of the members of the SD who executed the -order. - -Paragraph 1 sets out that the deponent was judge advocate at the trial -of 10 members of the SD by a military court held at the law courts, -Oslo, Norway, which sat on Thursday, 29 November 1945, and concluded its -sitting on Tuesday, 4 December 1945. - -My Lord, the next paragraph sets out who convened the court and the -names of the prosecuting and defending counsel, and the third paragraph -states: - - “The accused were charged with committing a war crime, in that - they at Ulven, Norway, in or about the month of July 1943, in - violation of the laws and usages of war, were concerned in the - killing of. . .” - -Then there follow the names of six personnel of the Norwegian Navy, -including one officer, and one leading telegraphist of the Royal Navy, -prisoners of war. I might read from Paragraph 4: - - “There was evidence before the court which was not challenged by - the Defense that Motor Torpedo Boat Number 345 set out from - Lerwick in the Shetlands on a naval operation for the purpose of - making torpedo attacks on German shipping off the Norwegian - coast, and for the purpose of laying mines in the same area. The - persons mentioned in the charge were all the crew of the torpedo - boat.” - -Paragraph 5: - - “The Defense did not challenge that each member of the crew was - wearing uniform at the time of capture, and there was abundant - evidence from many persons, several of whom were German, that - they were wearing uniform at all times after their capture.” - -Paragraph 6: - - “On 27th July 1943, the torpedo boat reached the island of Aspo - off the Norwegian coast, north of Bergen. On the following day - the whole of the crew were captured and were taken on board a - German naval vessel which was under the command of Admiral Von - Schrader, the admiral of the west coast. The crew were taken to - the Bergenhus where they had arrived by 11 p. m. on 28th July. - The crew were there interrogated by Lieutenant H. P. K. W. - Fanger, a naval lieutenant of the Reserve, on the orders of - Korvettenkapitän Egon Drascher, both of the German Naval - Intelligence Service. This interrogation was carried out upon - the orders of the staff of the admiral of the west coast. - Lieutenant Fanger reported to the officer in charge of the - intelligence branch at Bergen that in his opinion all the - members of the crew were entitled to be treated as prisoners of - war, and that officer in turn reported both orally and in - writing to the Sea Commander Bergen, and in writing to the - admiral of the west coast. - - “7. The interrogation by the naval intelligence branch was - concluded in the early hours of 29th July, and almost - immediately all the members of the crew were handed over on the - immediate orders of the Sea Commander Bergen, to - Obersturmbannführer of the SD Hans Wilhelm Blomberg, who was at - that time Kommandeur of the Sicherheitspolizei at Bergen. This - followed a meeting between Blomberg and Admiral Von Schrader, at - which a copy of the Führer Order of 18 October 1942 was shown to - Blomberg. This order dealt with the classes of persons who were - to be excluded from the protection of the Geneva Convention and - were not to be treated as prisoners of war, but when captured - were to be handed over to the SD. Admiral Von Schrader told - Blomberg that the crew of this torpedo boat were to be handed - over, in accordance with the Führer Order, to the SD. - - “9. The SD then conducted their own interrogation. . . .” - -THE PRESIDENT: You can summarize the rest, can’t you? - -COL. PHILLIMORE: If Your Lordship pleases. - -My Lord, Paragraph 9 described the interrogation by officials of the SD, -and that these officials took the same views as the naval intelligence -officers, that the crew were entitled to be treated as prisoners of war; -that despite this they were taken out and shot by an execution squad -composed of members of the SD. Then there is a description of the -disposal of the bodies. - -My Lord, the last paragraph is perhaps important in connection with the -case against the Defendant Keitel. - -THE PRESIDENT: Yes, read it. - - COL. PHILLIMORE: “11. It appeared from the evidence that in - March or April, 1945, an order from the Führer headquarters, - signed by Keitel, was transmitted to the German authorities in - Norway. The substance of the order was that members of the crew - of Commando raids who fell into German captivity were from that - date to be treated as ordinary prisoners of war. This order - referred specifically to the Führer Order referred to above.” - -The member of the Tribunal will of course have noted the date; it was -time to put their affairs in order. - -My Lord, the next document, C-158, I put in as Exhibit GB-209. It -consists of two extracts from minutes of conferences on the 19th and -20th of February 1945, conferences between the Defendant Dönitz and -Hitler. If I might read the first and last sentence from the first -paragraph of the first extract: - - “The Führer is considering whether or not Germany should - renounce the Geneva Convention.” - -That is of course the 1929 prisoners-of-war convention. And the last -sentence: - - “The Führer orders the Commander-in-Chief of the Navy to - consider the pros and cons of this step and to state his opinion - as soon as possible.” - -Then the second extract—the Defendant Dönitz states his opinion in the -presence of the Defendant Jodl and the representative of the Defendant -Ribbentrop. It is the last two sentences on which I rely: - - “. . . On the contrary, the disadvantages”—that is, the - disadvantages of renouncing the convention—“outweigh the - advantages. Even from a general standpoint it appears to the - Commander-in-Chief that this measure would bring no advantage. - It would be better to carry out the measures considered - necessary without warning, and at all costs to save face with - the outer world.” - -My Lord, it is no small matter, that document, when one reflects that it -was to that convention that we owe the fact that upwards of 165,000 -British and 65,000 to 70,000 American prisoners of war were duly -recovered at the end of the war. And to advocate breaching that -convention, preferably without saying so, is not a matter to be treated -lightly. - -My Lord, the next document, C-171; I put in as Exhibit GB-210. It is -another extract from the minutes of a meeting between the Defendant -Dönitz and Hitler, on the 1st of July 1944. The extract is signed by the -defendant: - - “Regarding the general strike in Copenhagen, the Führer says - that the only weapon to deal with terror is terror. - Court-martial proceedings create martyrs. History shows that the - names of such men are on everybody’s lips, whereas there is - silence with regard to the many thousands who have lost their - lives in similar circumstances without court-martial - proceedings.” - -My Lord, the next document, C-195, I put in as Exhibit GB-211. It is a -memorandum signed by the defendant, dated late in 1944. There is no -specific date on the document, but it is late in 1944—in December, I -think, of 1944. The distribution on the third page includes Hitler, -Keitel, Jodl, Speer, and the Supreme Command of the Air Force. - -My Lord, if I might read the second paragraph. He is dealing with the -review of German shipping losses: - - “Furthermore, I propose reinforcing the shipyard working parties - by prisoners from the concentration camps, and as a special - measure for relieving the present shortage of coppersmiths, - especially in U-boat construction, I propose to divert - coppersmiths from the reduced construction of locomotives to - shipbuilding.” - -Then he goes on to deal with sabotage, and the last two paragraphs on -that page are: - - “Since, elsewhere, measures for exacting atonement taken against - whole working parties amongst whom sabotage occurred, have - proved successful, and, for example, the shipyard sabotage in - France was completely suppressed, possibly similar measures for - the Scandinavian countries will come under consideration.” - -THE PRESIDENT: Do you need to read any more than that? - -COL. PHILLIMORE: My Lord, no. The last sentence of the document in the -next page is Item 2 of the summing-up: - - “12,000 concentration camp prisoners will be employed in the - shipyards as additional labor (Security Service agrees to - this)”—that is the SD. - -My Lord, this man was one of the rulers of Germany, and in my -submission, that document alone is sufficient to condemn him. It was not -for nothing that at these meetings Himmler and his lieutenants, Fegelein -and Kaltenbrunner, were present. - -My Lord, they were not there to discuss U-boats or the use of -battleships. It is clear, in my submission, from this document that this -defendant knew all about concentration camps and concentration camp -labor, and as one of the rulers of Germany he must bear his full share -of that responsibility. - -My Lord, I pass to the last document, D-650, which I put in as Exhibit -GB-212. - -My Lord, this contains the orders issued by the defendant in April. The -document, in my submission, shows the defendant’s fanatical adherence to -the Nazi creed, and his preparedness even at that stage to continue a -hopeless war at the expense of human life and with the certainty of -increased destruction and misery to the men, women, and children of his -country. I read the last paragraph on the second page: - - “I therefore demand of the commanding officers of the Navy: - . . . that they clearly and unambiguously follow the path of - military duty, whatever may happen. I demand of them that they - stamp out ruthlessly all signs and tendencies among the men - which endanger the following of this path.” - -Then he refers to an order. - - “I demand from senior commanders that they should take just as - ruthless action against any commander who does not do his - military duty. If a commander does not think he has the moral - strength to occupy his position as a leader in this sense, he - must report this immediately. He will then be used as a soldier - in this fateful struggle in some position in which he is not - burdened with any task as a leader.” - -And then the last paragraph on that page, from a further order of 19th -of April, he gives an example of the type of under-officer who should be -promoted. - - “An example: In a prison camp of the auxiliary cruiser - _Cormoran_, in Australia, a petty officer acting as camp senior - officer, had all communists who made themselves noticeable among - the inmates of the camp systematically done away with in such a - way that the guards did not notice this. This petty officer is - sure of my full recognition for his decision and his execution. - After his return, I shall promote him with all means, as he has - shown that he is fitted to be a leader.” - -My Lord, of course the point is not whether the facts were true or not, -but the type of order that he was issuing. My Lord, if I might just sum -up, the defendant was no plain sailor, playing the part of a service -officer, loyally obedient to the orders of the government of the day; he -was an extreme Nazi who did his utmost to indoctrinate the Navy and the -German people with the Nazi creed. It is no coincidence that it was he -who was chosen to succeed Hitler; not Göring, not Ribbentrop, not -Goebbels, not Himmler. He played a big part in fashioning the U-boat -fleet, one of the most deadly weapons of aggressive war. He helped to -plan and execute aggressive war, and we cannot doubt that he knew well -that these wars were in deliberate violation of treaties. He was ready -to stoop to any ruse where he thought he would not be found out: -Breaches of the Geneva Convention or of neutrality, where he might hope -to maintain that sinking was due to a mine. He was ready to order, and -did order, the murder of helpless survivors of sunken ships, an action -only paralleled by that of his Japanese ally. - -My Lord, there can be few countries where widows or parents do not mourn -for men of the merchant navies whose destruction was due to the callous -brutality with which, at the orders of this man, the German U-boats did -their work. - -My Lord, my learned friend, Major Elwyn Jones, now deals with the -Defendant Raeder. - -MAJOR F. ELWYN JONES (Junior Counsel for the United Kingdom): May it -please the Tribunal, it is my duty to present to the Tribunal the -evidence against the creator of the Nazi Navy, the Defendant Raeder. The -allegations against him are set out in Appendix A of the Indictment at -Pages 33 and 34 (Volume I, Page 78), and the Tribunal will see that the -Defendant Raeder is charged with promoting and participating in the -planning of the Nazi wars of aggression; with executing those plans; and -with authorizing, directing, and participating in Nazi War Crimes, -particularly war crimes arising out of sea warfare. - -At the outset the Tribunal may find it convenient to look at Document -2888-PS, which is already before the Tribunal as Exhibit Number USA-13, -which the Tribunal will find at Page 96 of the document book. That is a -document which sets out the offices and positions held by the Defendant -Raeder. The Tribunal will see that he was born in 1876 and joined the -German Navy in 1894. By 1918 he had become commander of the cruiser -_Köln_. In 1928 he became an admiral, chief of naval command, and head -of the German Navy. In 1935 he became Commander-in-Chief of the Navy. In -1936, on Hitler’s 47th birthday, he became general admiral, a creation -of Hitler’s. In 1937 he received the high Nazi honor of the Golden Badge -of Honor of the Nazi Party. In 1938 he became a member of the Secret -Cabinet Council. And in 1939 he reached the empyrean of Grossadmiral, a -rank created by Hitler, who presented Raeder with a marshal’s baton. In -1943 he became Admiral Inspector of the German Navy, which, as the -Tribunal will shortly see, was a kind of retirement into oblivion, -because from January 1943 on, as the Tribunal has heard, Dönitz was the -effective commander of the German Navy. - -In these eventful years of Raeder’s command of the German Navy from 1928 -to 1943 he played a vital role. I would like in the first instance to -draw the Tribunal’s attention to Raeder’s part in building up the German -Navy as an instrument of war to implement the Nazis’ general plan of -aggression. - -The Tribunal is by now familiar with the steps by which the small navy -permitted to Germany under the Treaty of Versailles was enormously -expanded under the guidance of Raeder. I will do no more than to remind -the Tribunal of some of the milestones upon Raeder’s road to Nazi -mastery of the seas, which mercifully he was unable to attain. - -With regard to the story of Germany’s secret rearmament in violation of -the Treaty of Versailles, I would refer the Court to the Document C-156, -which is already before the Court as Exhibit Number USA-41 and which the -Tribunal will find at Page 26 of the document book. That document, as -the Tribunal will remember, was _A History of the Fight of the German -Navy against Versailles, 1919 to 1935_, which was published secretly by -the German Admiralty in 1937. The Tribunal will remember that that -history shows that before the Nazis came to power the German Admiralty -was deceiving not only the governments of other countries, but its own -legislature and at one stage its own Government. Their secret measures -of rearmament ranged from experimental U-boat and S-boat building to the -creation of secret intelligence and finance organizations. I only -propose to trouble the Tribunal with a reference to the last paragraph -at Page 33 of the document book, which refers to the role of Raeder in -this development. It is an extract from Page 75 of this Document C-156, -and it reads: - - “The Commander-in-Chief of the Navy, Admiral . . . Raeder, had - received hereby a far-reaching independence in the building and - development of the Navy. This was only hampered insofar as the - previous concealment of rearmament had to be continued in - consideration of the Versailles Treaty.” - -As an illustration of Raeder’s concealment of rearmament, I would remind -the Tribunal of the Document C-141, Exhibit Number USA-47, which is at -Page 22 of the document book. In that document Raeder states that: - - “In view of Germany’s treaty obligations and the disarmament - conference, steps must be taken to prevent the first S-boat - half-flotilla—which in a few months will comprise new S-boats - of the same type—from appearing openly as a formation of - torpedo-carrying boats, as it was not intended to count these - S-boats against the number of torpedo-carrying boats allowed - us.” - -The next document, C-135, which will be Exhibit Number GB-213, and which -is at Page 20 of the document book, is of unusual interest because it -suggests that even in 1930 the intention ultimately to attack Poland was -already current in German military circles. This document is an extract -from the history of war organization and of the scheme for mobilization. -The German text of this document is headed “850/38,” which suggests that -the document was written in the year 1938. The extracts read: - - “Since under the Treaty of Versailles all preparations for - mobilization were forbidden, these were at first confined to a - very small body of collaborators and were at first only of a - theoretical nature. Nevertheless, there existed at that time - . . . an ‘Assembling Order,’ and ‘Instructions for Assembling,’ - the forerunners of the present-day scheme for mobilization, also - an assembling organization and adaptable instructions for - assembling which were drawn up for each ‘A-year’ (cover-name for - mobilization year). - - “As stated, the ‘Assembling Organization’ at that time was to be - judged purely theoretically, for they had no positive basis in - the form of men and materials. They provided nevertheless a - valuable foundation for the establishment of a war organization - as our ultimate aim.” - -Paragraph 2: - - “The crises between Germany and Poland, which were becoming - increasingly acute, compelled us, instead of making theoretical - preparation for war, to prepare in a practical manner for a - purely German-Polish conflict. - - “The strategic idea of a rapid forcing of the Polish base of - Gdynia was made a basis; and the fleet on active service was to - be reinforced by the auxiliary forces which would be - indispensable to attain this strategic end; and the essential - coastal and flak batteries, especially those in Pillau and - Swinemünde, were to be taken over. Thus in 1930 the - Reinforcement Plan was evolved.” - -If the Tribunal turns over the page to Paragraph 3, to the second -paragraph: - - “Hitler had made a clear political request to build up for him - in 5 years, that is to say, by the 1st of April 1938, armed - forces which he could place in the balance as an instrument of - political power.” - -Now that entry is a pointer to the fact that the Nazi seizure of power -in 1933 was a signal to Raeder to go full speed ahead on rearmament. The -detailed story of this development has already been told by my American -colleague, Mr. Alderman; and I would simply refer the Court in the first -place to the Document C-189, Exhibit Number USA-44, which is at Page 66 -of the document book. In that document Raeder tells Hitler, in June -1934, that the German Fleet must be developed to oppose England and that -therefore from 1936 on the big ships must be armed with big guns to -match the British _King George_ class of battleship. It further, in the -last paragraph, refers to Hitler’s demand that the construction of -U-boats should be kept completely secret, especially in view of the Saar -plebiscite. In November 1934 Raeder had a further talk with Hitler on -the financing of naval rearmament, and on that occasion Hitler told him -that in case of need he would get Doctor Ley to put 120 to 150 million -from the Labor Front at the disposal of the Navy. The reference to that -is the Document C-190, Exhibit Number USA-45, at Page 67 of the document -book. The Tribunal may think that that proposed fraud upon the German -working people was a characteristic Nazi manifestation. - -THE PRESIDENT: Would that be a convenient time to break off? - -MAJOR JONES: If Your Lordship pleases. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MAJOR JONES: May it please the Tribunal, the next document which I -desire to draw to the Tribunal’s attention is the Document C-23, Exhibit -Number USA-49, at Page 3 of the document book, which states that the -true displacement of certain German battleships exceeded by 20 percent -the displacement reported to the British. That, I submit, is typical of -Raeder’s use of deceit. - -The next document to which I wish to refer briefly is C-166, Exhibit -Number USA-48, Page 36 of the document book. It is another such -deceitful document, which orders that auxiliary cruisers, which were -being secretly constructed, should be referred to as “transport ships.” - -Then there is the Document C-29, Exhibit Number USA-46, at Page 8 of the -document book, which is signed by Raeder and deals with the support -given by the German Navy to the German armament industry, and, I submit, -is an illustration of Raeder’s concern with the broader aspects of Nazi -policy and of the close link between Nazi politicians, German service -chiefs, and German armament manufacturers. - -THE PRESIDENT: Has that been put in before? - -MAJOR JONES: That has been put in before, My Lord, as Exhibit Number -USA-46. - -A final commentary on the post-1939 naval rearmament is the Document -C-155, at Page 24 of the document book, which is a new document and will -be Exhibit GB-214 and is a letter from Raeder to the German Navy, dated -11 June 1940. The original, which is now submitted to the Tribunal, -shows the very wide distribution of this letter. There is provision in -the distribution list for 467 copies. This letter of Raeder’s is a -letter both of self-justification and of apology. The extracts read: - - “The most outstanding of the numerous subjects of discussion in - the Officers Corps are, for the time being, the torpedo - positions and the problem whether the naval building program, up - to autumn 1939, envisaged the possibility of the outbreak of war - as early as 1939, or whether the emphasis ought not to have been - laid, from the first, on the construction of U-boats. . . . - - “If the opinion is voiced in the Officers Corps that the entire - naval building program has been wrongly directed and if, from - the first, the emphasis should have been on the U-boat weapon - and after its consolidation on the large ships, I must emphasize - the following matters: - - “The building up of the fleet was directed according to the - political demands, which were decided by the Führer. The Führer - hoped, until the last moment, to be able to put off the - threatening conflict with England until 1944-45. At that time - the Navy would have had available a fleet with a powerful U-boat - superiority and a much more favorable ratio as regards strength - in all other types of ships, particularly those designed for - warfare on the High Seas. - - “The development of events forced the Navy, contrary to the - expectation even of the Führer, into a war which it had to - accept while still in the initial stage of its rearmament. The - result is that those who represent the opinion that the emphasis - should have been laid from the start on the building of the - U-boat arm appear to be right. I leave undiscussed how far this - development, quite apart from difficulties of personnel, - training, and dockyards, could have been appreciably improved in - any way in view of the political limits of the Anglo-German - Naval Treaty. I leave also undiscussed, how the early and - necessary creation of an effective air force slowed down the - desirable development of the other branches of the forces. I - indicate, however, with pride, the admirable and, in spite of - the political restraints in the years of the Weimar Republic, - far-reaching preparation for U-boat construction, which made the - immensely rapid construction of the U-boat arm, both as regards - equipment and personnel, possible immediately after the - assumption of power. . . .” - -There is here, the Tribunal sees, no trace of reluctance in co-operating -with the Nazi program. On the contrary, the evidence points to the fact -that Raeder welcomed and became one of the pillars of Nazi power. And it -will now be my purpose to develop the relationship between Raeder, the -Navy, and the Nazi Party. - -The Prosecution’s submission is that Raeder, more than anyone else, was -responsible for securing the unquestioned allegiance of the German Navy -to the Nazi movement, an allegiance which Dönitz was to make even more -firm and fanatical. - -Raeder’s approval of Hitler was shown particularly clearly on the 2d of -August 1934, the day of Hindenburg’s death, when he and all the men -under him swore a new oath of loyalty with considerable ceremony, this -time to Adolf Hitler and no longer to the fatherland. The oath is found -in the Document D-481 at Page 101 of the document book. That will be -Exhibit GB-215, and it may be of interest to the Court to see what the -new oath was. The last paragraph reads: - - “The service oath of the soldiers of the armed forces: - - “‘I swear this holy oath by God that I will implicitly obey the - Leader of the German Reich and people, Adolf Hitler, the Supreme - Commander of the Armed Forces and that, as a brave soldier, I - will be willing to stake my life at any time for this oath.’” - -The Tribunal will see that for his fatherland Raeder substituted a -Führer. - -I am not proposing to take the Tribunal’s time with reiterating the -steps by which the German Navy was progressively drawn into the closest -alliance with the Nazi Party. I would remind the Court of facts of -history, like the incorporation of the swastika into the ensign under -which the German Fleet sailed and the wearing of the swastika on the -uniform of naval officers and men, which are facts which speak for -themselves. - -The Nazis for their part, were not ungrateful for Raeder’s obeisance and -collaboration. His services in rebuilding the German Navy were widely -recognized by Nazi propagandists and by the Nazi press. On his 66th -birthday, the chief Party organ, the _Völkischer Beobachter_, published -a special article about him, to which I desire to draw the Tribunal’s -attention. It is at Page 100 of the document book; it is Document D-448, -Exhibit GB-216. It is a valuable summing-up of Raeder’s contribution to -Nazi development: - - “It was to Raeder’s credit”—writes the _Völkischer - Beobachter_—“to have already built up by that time a powerful - striking force from the numerically small fleet, despite the - fetters of Versailles. - - “With the assumption of power, National Socialism began the most - fruitful period in the reconstruction of the German fleet. - - “The Führer openly expressed his recognition of Raeder’s - faithful services and unstinted co-operation, by appointing him - Grossadmiral on the 20th of April 1936.” - -THE PRESIDENT: Do you think it necessary to read the entire document? - -MAJOR JONES: I was going to turn to the last paragraph but one, My Lord, -which I think is helpful. - - “As a soldier and a seaman, the Grossadmiral has proved himself - to be the Führer’s first and foremost naval collaborator.” - -This, in my submission, is a summing-up of his status and position in -Nazi Germany. - -I now propose to deal with Raeder’s personal part in the Nazi -conspiracy. The evidence indicates that Raeder, from the time of the -Nazi seizure of power, became increasingly involved in responsibility -for the general policies of the Nazi State. - -Long before he was promoted to General-Admiral in 1936, he had become a -member of the very secret Reich Defense Council, joining it when it was -founded on the 4th of April 1933. And thus, at an early date, he was -involved, both militarily and politically, in the Nazi conspiracy. The -relevant document upon that is Document EC-177, Exhibit Number USA-390, -at Page 68 of the document book, which I would remind the Tribunal -contains the classic Nazi directive: “Matters communicated orally cannot -be proven; they can be denied by us in Geneva.” - -On the 4th of February 1938 Raeder was appointed to be a member of a -newly-formed secret advisory council for foreign affairs; and the -authority for that statement is Document 2031-PS at Page 88 of the -document book, which will be Exhibit GB-217. - -Three weeks after this a decree of Hitler’s stated that, as well as -being equal in rank with a cabinet minister, Raeder was also to take -part in the sessions of the Cabinet. That has already been established -in Document 2098-PS, which was submitted as Exhibit GB-206. - -In my submission, therefore, it is thus clear that Raeder’s -responsibility for the political decisions of the Nazi State was -steadily developed from 1933 to 1938 and that in the course of time he -had become a member of all the main political advisory bodies. He was, -indeed, very much a member of the inner councils of the conspirators -and, I submit, must carry with them the responsibility for the acts that -led to the German invasion of Poland in 1939 and the outbreak of war. - -As an illustration, I would remind the Tribunal that Raeder was present -at two of the key meetings at which Hitler openly declared his intention -of attacking neighboring countries. I refer the Tribunal to Document -386-PS, which is Exhibit Number USA-25 and is found at Page 81 of the -document book, which the Tribunal will remember is the record of -Hitler’s conference at the Reich Chancellery on the 5th of November 1937 -about matters which were said to be too important to discuss in the -larger circle of the Reich Cabinet. The document, which Mr. Alderman -submitted, establishes conclusively that the Nazis premeditated their -Crimes against Peace. - -Then there was the other conference of Hitler’s on the 23rd of May 1939, -the minutes of which are found in the Document L-79, Exhibit Number -USA-27, at Page 74 of the document book. That, the Tribunal will -remember, was the conference at which Hitler confirmed his intention to -make a deliberate attack upon Poland at the first opportunity, well -knowing that this must cause widespread war in Europe. - -Now, those two were key conferences. At many, many others Raeder was -also present to place his knowledge and his professional skill at the -service of the Nazi war machine. - -His active promotion of the military planning and preparation for the -Polish campaign is by now well-known to the Tribunal, and I am not -proposing to reiterate that evidence again. Once the war did start, -however, the Defendant Raeder showed himself to be a master of the most -typical of the conspirators’ techniques, namely that of deceit on a -grand scale. There are few better examples of this allegation than that -of his handling of the case of the _Athenia_. - -The _Athenia_, as the Tribunal will be aware, was a passenger liner -which was sunk in the evening of the 3rd of September 1939, when she was -outward bound to America, about a hundred lives being lost. - -On the 23rd of October 1939 the Nazi Party paper, the _Völkischer -Beobachter_, published in screaming headlines the story, “Churchill Sank -the _Athenia_.” I would refer the Court to Document 3260-PS, at Page 97 -of the document book, which will be Exhibit GB-218. And I would like the -Tribunal to look for a moment at the copy of the _Völkischer Beobachter_ -here, and see the scale with which this deliberate lie was perpetrated. -I have a photostat of the relevant page of the _Völkischer Beobachter_ -for that day. That is the third page and the Tribunal will see on this -front page, with the big red underlining, there are the words, “Now We -Indict Churchill.” - -The extract from the _Völkischer Beobachter_, which is at Page 97 of the -document book, reads as follows: - - “Churchill Sank the _Athenia_. The above picture”—and the - Tribunal will see it is a fine picture of this fine ship—“shows - the proud _Athenia_, the ocean giant, which was sunk by - Churchill’s crime. One can clearly see the big radio equipment - on board the ship. But nowhere was an SOS heard from the ship. - Why was the _Athenia_ silent? Because her captain was not - allowed to tell the world anything. He very prudently refrained - from telling the world that Winston Churchill attempted to sink - the ship through the explosion of a time bomb. He knew it well, - but he had to keep silent. Nearly 1,500 people would have lost - their lives if Churchill’s original plan had resulted as the - criminal wanted. Yes, he longingly hoped that the 100 Americans - on board the ship would find death in the waves so that the - anger of the American people, who were deceived by him, should - be directed against Germany, as the presumed author of the deed. - It was fortunate that the majority escaped the fate intended for - them by Churchill. Our picture on the right shows two wounded - passengers. They were rescued by the freighter _City of Flint_, - and as can be seen here, turned over to the American coast guard - boat _Gibb_ for further medical treatment. They are an unspoken - accusation against the criminal Churchill. Both they and the - shades of those who lost their lives call him before the - tribunal of the world and ask the British people, ‘How long will - the office, one of the richest in tradition known to Great - Britain’s history, be held by a murderer?’” - -Now, in view of the maliciousness of this _Völkischer Beobachter_ -announcement and in fairness to the men of the British Merchant Navy, I -think it is proper that I should say, that contrary to the allegation in -this Nazi sheet, the _Athenia_ of course made repeated wireless distress -signals which were in fact intercepted and answered by His Majesty’s -ship _Electra_, in escort, as well as by the Norwegian steamship _Knut -Nelson_ and the yacht _Southern Cross_. - -I shall submit evidence to the Tribunal to establish that, in fact, the -_Athenia_ was sunk by the German U-boat _U-30_. So unjustifiable was the -torpedoing of the _Athenia_, however, that the German Navy embarked upon -a course of falsification of their records and on other dishonest -measures, in the hope of hiding this guilty secret. And for their part, -as the Tribunal has seen, the Nazi propagandists indulged in their -favorite falsehood of seeking to shift the responsibility to the -British. - -The captain of the _U-30_, Oberleutnant Lemp, was later killed in -action; but some of the original crew of the _U-30_ have survived to -tell the tale, and they are now prisoners of war. And so that the truth -of this episode may be placed beyond a peradventure, I submit to the -Tribunal an affidavit by a member of the crew of the _U-30_, as to the -sinking of the _Athenia_ and as to one aspect of the attempt to conceal -the true facts. - -I refer to Document C-654, Exhibit GB-219, at Page 106 of the document -book. The affidavit reads: - - “I, Adolf Schmidt, Official Number N 1043-33T, of the German - Navy and former member of the crew of the _U-30_, do solemnly - declare that: - - “1. I am now confined to Camp No. 133, Lethbridge, Alberta. - - “2. That on the first day of war, 3 September 1939, a ship of - approximately 10,000 tons was torpedoed in the late hours of the - evening by the _U-30_. - - “3. That after the ship was torpedoed and we surfaced again, - approximately half an hour after the explosion, the commandant - called me to the tower in order to show me the torpedoed ship. - - “4. That I have seen the ship with my very eyes, but that I do - not think that the ship could see our U-boat at that time on - account of the position of the moon. - - “5. That only a few members of the crew had an opportunity to go - to the tower in order to see the torpedoed ship. - - “6. That apart from myself, Oberleutnant Hinsch was in the tower - when I saw the steamer after the attack. - - “7. That I observed that the ship was listing. - - “8. That no warning shot was fired before the torpedo was - launched. - - “9. That I myself observed much commotion on board the torpedoed - ship. - - “10. That I believe that the ship had only one smoke stack. - - “11. That in the attack on this steamer one or two torpedoes - were fired which did not explode but that I myself heard the - explosion of the torpedo which hit the steamer. - - “12. That Oberleutnant Lemp waited until darkness before - surfacing. - - “13. That I was severely wounded by aircraft 14 September 1939. - - “14. That Oberleutnant Lemp, shortly before my disembarkation in - Reykjavik 19 September 1939, visited me in the forenoon in the - petty officers’ quarters where I was lying severely wounded. - - “15. That Oberleutnant Lemp then had the petty officers’ - quarters cleared in order to be alone with me. - - “16. That Oberleutnant Lemp then showed me a declaration under - oath according to which I had to bind myself to mention nothing - concerning the incidents of 3 September 1939 on board the - _U-30_. - - “17. That this declaration under oath had approximately the - following wording: - - “‘I, the undersigned, swear hereby that I shall shroud in - secrecy all happenings of 3 September 1939 on board the _U-30_, - regardless whether foe or friend, and that I shall erase from my - memory all happenings of this day.’ - - “18. That I have signed this declaration under oath, which was - drawn up by the commandant in his own handwriting, with my left - hand very illegibly. - - “19. That later on in Iceland when I heard about the sinking of - the _Athenia_ the idea came into my mind that the _U-30_ on the - 3 September 1939 might have sunk the _Athenia_, especially since - the captain caused me to sign the above-mentioned declaration. - - “20. That up to today I have never spoken to anyone concerning - these events. - - “21. That due to the termination of the war I consider myself - freed from my oath.” - -Dönitz’ part in the _Athenia_ episode is described in an affidavit which -he has sworn, which is Document D-638, Exhibit GB-220, at Page 102 of -the document book. The affidavit was sworn in English, and I invite the -Tribunal to look at it and observe the addition in Dönitz’ handwriting -of four words at the end of the affidavit, the significance of which -will be seen in a moment. - -The Defendant Dönitz states: - - “_U-30_ returned to harbor about mid-September. I met the - captain, Oberleutnant Lemp, on the lockside at Wilhelmshaven, as - the boat was entering harbor, and he asked permission to speak - to me in private. I noticed immediately that he was looking very - unhappy and he told me at once that he thought he was - responsible for the sinking of the _Athenia_ in the North - Channel area. In accordance with my previous instructions he had - been keeping a sharp lookout for possible armed merchant - cruisers in the approaches to the British Isles, and had - torpedoed a ship he afterwards identified as the _Athenia_ from - wireless broadcasts, under the impression that she was an armed - merchant cruiser on patrol. I had never specified in my - instructions any particular type of ship as armed merchant - cruiser nor mentioned any names of ships. I dispatched Lemp at - once by air to report to the SKL at Berlin; in the meantime, I - ordered complete secrecy as a provisional measure. Later in the - same day or early on the following day, I received a verbal - order from Kapitän zur See Fricke”—who was head of the - operations division of the naval war staff—“that: - - “Firstly, the affair was to be kept a total secret. - - “Secondly, the OKM considered that a court-martial was not - necessary as they were satisfied that the captain had acted in - good faith. - - “Thirdly, political explanations would be handled by the OKM. - - “I had had no part whatsoever in the political events in which - the Führer claimed that no U-boat had sunk the _Athenia_. - - “After Lemp returned to Wilhelmshaven from Berlin, I - interrogated him thoroughly on the sinking and formed the - impression that, although he had taken reasonable care, he had - still not taken sufficient precaution to establish fully the - identity of the ship before attacking. I had previously given - very strict orders that all merchant vessels and neutrals were - to be treated according to naval prize law before the occurrence - of this incident. I accordingly placed him under cabin arrest, - as I felt certain that a court-martial would only acquit him and - would entail unnecessary publicity”—and then Dönitz had added - the words “and loss of time.” - -It is right, I think, that I should add the Dönitz’ suggestion that the -captain of the _U-30_ sank the _Athenia_ in mistake for a merchant -cruiser must be considered in the light of a document which Colonel -Phillimore submitted—the Document C-191, Exhibit GB-193, dated the 22 -of September 1939—in this period, which contained Dönitz’ order that -“the sinking of a merchant ship must be justified in the War Diary as -due to possible confusion with a warship or an auxiliary cruiser.” - -Now, the _U-30_ returned to Wilhelmshaven on 27 September 1939. I submit -another fraudulent naval document, Document D-659, Page 110 of the -document book, which will be Exhibit GB-221, which is an extract from -the War Diary of the chief of U-boats, and it is an extract for the 27th -of September 1939. The Tribunal will see that it reads: - - “_U-30_ comes in. She had sunk: S. S. _Blairlogies_; S. S. - _Fanad Head_.” - -There is no reference at all, of course, to the sinking of the -_Athenia_. - -But perhaps the most elaborate forgery in connection with this episode -was the forgery of the log book of the _U-30_, which was responsible for -sinking the _Athenia_; and I now submit that original log book to the -Tribunal as Document D-662, which will be Exhibit GB-222, and an extract -from the first and relevant page of it is found at Page 111 of the -document book. I would like the Tribunal to examine the original, if you -will be good enough to do so, because the Prosecution’s submission is -that the first page of that log book is a forgery, but a forgery which -shows a curiously un-German carelessness about detail. The Tribunal will -see that the first page of the text is a clear substitute for pages that -have been removed. The dates in the first column of that page are in -Arabic numerals. On the second and more authentic looking page, and -throughout the other pages of the log book, they are in Roman numerals. - -The Tribunal will also see that all reference to the action of the -sinking of the _Athenia_ on the 3rd of September is omitted. The entries -are translated on Page 111 of the document book for the Court’s -assistance. - -The log book shows that the position at 1400 hours, of the _U-30_ on the -3rd of September, is given as AL 0278, which the Tribunal will notice is -one of the very few positions quoted at all upon that page, and which -was, in fact, some 200 miles west of the position where the _Athenia_ -was sunk. The course due south, which is recorded in the log book, and -the speed of 10 knots—those entries are obviously designed to suggest -that the _U-30_ was well clear of the _Athenia’s_ position on the 3rd of -September. - -Finally, and most curiously, the Tribunal will observe that Lemp’s own -signature upon the page dealing with the 3rd of September differs from -the other signatures in the text. Page 1 shows Lemp’s signature with a -Roman “p” as the final letter of his name. On the other signatures, -there is a script “p,” and the inference I submit is that either the -signature is a forgery or it was made up by Lemp at some other, and -probably considerably later date. - -Now, in my submission, the whole of this _Athenia_ story establishes -that the German Navy under Raeder embarked upon deliberate fraud. Even -before receiving Lemp’s reports, the German Admiralty had repeatedly -denied the possibility that a German U-boat could be in the area -concerned. The charts which showed the disposition of U-boats and the -position of sinking of the _Athenia_, which Colonel Phillimore -introduced, have shown the utter dishonesty of these announcements; and -my submission upon this matter is this: Raeder, as head of the German -Navy, knew all the facts. Censorship and information control in Nazi -Germany were so complete that Raeder, as head of the Navy, must have -been party to the falsification published in the _Völkischer -Beobachter_, which was a wholly dishonorable attempt by the Nazi -conspirators to save their faces with their own people and to uphold the -myth of an infallible Führer backed by an impeccable war machine. - -The Tribunal has seen that truth mattered little in Nazi propaganda, and -it would appear that Raeder’s camouflage was not confined to painting -his ships or sailing them under the British flag, as he did in attacking -Norway and Denmark. With regard to that last matter—the invasion of -Norway and Denmark—I think it is hardly necessary that I should remind -the Tribunal of Raeder’s leading part in that perfidious Nazi assault, -the evidence as to which has already been presented. I think I need only -add Raeder’s proud comment upon those brutal invasions, which is -contained in his letter in Document C-155 at Page 25 of the document -book, which is already before the Tribunal as Exhibit GB-214. That -document, which is a letter of Raeder’s to the Navy, part of which I -have already read, states: “The operations of the Navy in the occupation -of Norway will for all time remain the grand contribution of the Navy to -this war.” - -Now, with the occupation of Norway and of much of Western Europe safely -completed, the Tribunal has seen that Hitler turned his eyes towards -Russia. Now, in fairness to Raeder, it is right that I should say that -Raeder himself was against the attack on Russia and tried his best to -dissuade Hitler from embarking upon it. The documents show, however, -that Raeder approached the problem with complete cynicism. He did not -object to the aggressive war on Russia because of its illegality, its -immorality, its inhumanity. His only objection to it was its -untimeliness. He wanted to finish England first before going further -afield. - -The story of Raeder’s part in the deliberations upon the war against -Russia is told in the Document C-170, at Page 37 of the document book, -which has already been submitted as Exhibit Number USA-136. That -document consists of extracts from a German compilation of official -naval notes by the German naval war staff. - -The first entry, at Page 47 of the document book, which bore the date of -26 September 1940, which is at Page 11 of Document C-170, showed that -Raeder was advocating to Hitler an aggressive Mediterranean policy in -which, of course, the Navy would play a paramount role, as opposed to a -continental land policy. The entry reads: - - “Naval Supreme Commander with the Führer. Naval Supreme - Commander presents his opinion about the situation: The Suez - Canal must be captured with German assistance. From Suez, - advance through Palestine and Syria; then Turkey in our power. - The Russian problem will then assume a different appearance. - Russia is fundamentally frightened of Germany. It is - questionable whether action against Russia from the north will - then be still necessary.” - -The next entry at Page 48 of the document book, for the 14th of -November: - - “Naval Supreme Commander with the Führer. Führer is ‘still - inclined’ to instigate the conflict with Russia. Naval Supreme - Commander recommends putting it off until the time after the - victory over England, since there is heavy strain on German - forces and the end of warfare is not in sight.” - -Then there is the entry on Page 50 for 27 December 1940: - - “Naval Supreme Commander with the Führer. Naval Supreme - Commander emphasizes again that strict concentration of our - entire war effort against England as our main enemy is the most - urgent need of the hour. On the one hand, England has gained - strength by the unfortunate Italian conduct of the war in the - eastern Mediterranean and by the increasing American support. On - the other hand, however, she can be hit mortally by a - strangulation of her ocean traffic which is already taking - effect. What is being done for submarine and naval air force - construction is much too little. Our entire war potential must - work for the conduct of the war against England; thus for the - Navy and Air Force, every dispersion of strength prolongs the - war and endangers the final success. Naval Supreme Commander - voices serious objections against Russia campaign before the - defeat of England.” - -At Page 52 of the document book, on the 18th of February 1941, there is -the entry: - - “Chief of Naval Operations (SKL) insists on the occupation of - Malta even before Barbarossa.” - -On the next page, on the 23rd of February, there is this interesting -entry: - - “Instruction from Supreme Command, Armed Forces (OKW) that - seizure of Malta ‘is contemplated for the fall of 1941 after the - execution of Barbarossa’”—which the Tribunal may think is a - sublime example of wishful thinking. - -The next entry, for the 19th of March 1941, which is at Page 54 of the -document book, shows that by March of 1941 Raeder had begun to consider -what prospects of naval action the Russian aggression had to offer. -There is the entry: - - “In case of Barbarossa, Supreme Naval Commander describes the - occupation of Murmansk as an urgent request of the Navy; Chief - of Supreme Command Armed Forces considers compliance very - difficult. . . .” - -In the meantime, the entries in this document show that Mussolini, the -flunky of Nazism, was crying out for a more active Nazi Mediterranean -policy. I refer the Court to Page 57 of the document book, the entry for -the 30th of May. The word “Duce” is omitted from the first line, and the -entry should read: - - “Duce demands urgently decisive offensive Egypt-Suez for fall - 1941; 12 divisions needed for that. ‘This stroke would be more - deadly to the British Empire than the capture of London’; Chief, - Naval Operations, agrees completely. . . .” - -And then, finally, the entry for the 6th of June, indicating strategic -views of Raeder and the German Navy at this stage, reads as follows. It -is at Page 58 of the document book: - - “Supreme Naval Commander with the Führer. Memorandum of the - Chief, Naval Operations: ‘Observation of the strategic situation - in the eastern Mediterranean after the Balkan campaign and the - occupation of Crete and further conduct of the war.’” - -A few sentences below: - - “The memorandum points with impressive clarity to the decisive - aims of the war in the Near East. Their advancement has moved - into grasping distance by the successes in the Aegean area and - the memorandum emphasizes that the offensive utilization of the - present favorable situation must take place with the greatest - acceleration and energy, before England has again strengthened - her position in the Near East with help from the United States - of America. The memorandum realizes the unalterable fact that - the campaign against Russia would be opened very shortly; but - demands, however, that the undertaking Barbarossa ‘which, - because of the magnitude of its aims, naturally stands in the - foreground of the operational plans of the armed forces - leadership,’ must under no circumstances ‘lead to an - abandonment, diminishing, or delay of the conduct of the war in - the eastern Mediterranean.’” - -So that Raeder was, throughout, seeking an active role for his Navy in -the Nazi war plans. - -Now, once Hitler had decided to attack Russia, Raeder sought a role for -his Navy in the campaign against Russia; and the first naval operational -plan against Russia was a particularly perfidious one. I refer the -Tribunal to the Document C-170 which I have just been reading from, at -Page 59 of the document book. There the Tribunal will see an entry for -the 15th of June 1941: - - “On the proposal of Chief Naval Operations . . . use of arms - against Russian submarines south of the northern boundary of the - Öland warning area is permitted immediately; ruthless - destruction is to be aimed at.” - -The Defendant Keitel provided a characteristically dishonest pretext for -this action in his letter, the Document C-38, which is at Page 11 of the -document book and which will be Exhibit GB-223. The Tribunal sees that -Keitel’s letter is dated the 15th of June 1941: - - “Subject: Offensive action against enemy submarines in the - Baltic Sea. - - “To: High Command of the Navy—OKM (SKL). - - “Offensive action against submarines south of the line - Memel-southern tip of Öland is authorized if the boats cannot be - definitely identified as Swedish during the approach by German - naval forces. - - “The reason to be given up to B-day is that our naval forces - believed to be dealing with penetrating British submarines.” - -Now, that was on the 15th of June 1941, and the Tribunal will remember -that the Nazi attack on Russia did not take place until the 22d of June -of 1941. In the meantime Raeder was urging Hitler, as early as the 18th -of March 1941, to enlarge the scope of the world war by inducing Japan -to seize Singapore. The relevant document is C-152, Exhibit GB-122, at -Page 23 of the document book. There is just one paragraph which I would -like to be permitted to read. The document describes the audience of -Raeder with Hitler on the 18th of March and the entries in it, in fact, -represent Raeder’s own views: - - “Japan must take steps to seize Singapore as soon as possible, - since the opportunity will never again be as favorable (whole - English fleet contained; unpreparedness of U.S.A. for war - against Japan; inferiority of U.S. fleet _vis-à-vis_ the - Japanese). Japan is indeed making preparations for this action, - but according to all declarations made by Japanese officers she - will carry it out only if Germany proceeds to land in England. - Germany must therefore concentrate all her efforts on spurring - Japan to act immediately. If Japan has Singapore all other East - Asiatic questions regarding the U.S.A. and England are thereby - solved (Guam, Philippines, Borneo, Dutch East Indies). - - “Japan wishes, if possible, to avoid war against the U.S.A. She - can do so if she determinedly takes Singapore as soon as - possible.” - -The Japanese, of course, as events proved, had different ideas from -that. - -By the 20th of April 1941, the evidence is that Hitler had agreed with -this proposition of Raeder’s of inducing the Japanese to take offensive -action against Singapore. I refer the Tribunal again to the Document -C-170 and to an entry at Page 56 of the document book, for the 20th of -April 1941. A few sentences from that read: - - “Naval Supreme Commander with Führer. Navy Supreme Commander - asks about result of Matsuoka’s visit and evaluation of - Japanese-Russian pact. . . . Führer has informed Matsuoka ‘that - Russia will not be touched if she behaves in a friendly manner - according to the treaty. Otherwise, he reserves action for - himself.’ Japan-Russia pact has been concluded in agreement with - Germany and is to prevent Japan from advancing against - Vladivostok and to cause her to attack Singapore.” - -Now an interesting commentary upon this document is found in the -Document C-66, at Page 13 of the document book. The Document C-66 has -already been exhibited as GB-81. I would refer the Court to Paragraph 3 -at Page 13 of the document book. At that time the Führer was firmly -resolved on a surprise attack on Russia, regardless of what was the -Russian attitude to Germany. This, according to reports coming in, was -frequently changing; and there follows this interesting sentence: “The -communication to Matsuoka was designed entirely as a camouflage measure -and to ensure surprise.” - -The Axis partners were not even honest with each other, and this, I -submit, is typical of the kind of jungle diplomacy with which Raeder -associated himself. - -I now, with the Tribunal’s permission, turn from the field of diplomacy -to the final aspect of the case against Raeder, namely, to crimes at -sea. - -The Prosecution’s submission is that Raeder throughout his career showed -a complete disregard for any international rule or usage of war which -conflicted in the slightest with his intention of carrying through the -Nazi program of conquest. I propose to submit to the Tribunal only a few -examples of Raeder’s flouting of the laws and customs of civilized -states. - -Raeder has himself summarized his attitude in the most admirable fashion -in the Document UK-65, which the Tribunal will find at Page 98 of the -document book, and which will be Exhibit GB-224. Now that Document UK-65 -is a very long memorandum compiled by Raeder and the German naval war -staff on the 15th of October 1939—that is to say, only a few weeks -after the war started. And it is a memorandum on the subject of the -intensification of the war at sea, and I desire to draw the Tribunal’s -attention to the bottom paragraph at Page 98 of the document book. It is -headed, “Possibilities of Future Naval Warfare”: - - “I. Military requirements for the decisive struggle against - Great Britain: - - “Our naval strategy will have to employ all the military means - at our disposal as expeditiously as possible. Military success - can be most confidently expected if we attack British sea - communications wherever they are accessible to us, with the - greatest ruthlessness; the final aim of such attacks is to cut - off all imports into and exports from Britain. We should try to - consider the interests of neutrals in so far as this is possible - without detriment to military requirements. It is desirable to - base all military measures taken on existing international law; - however, measures which are considered necessary from a military - point of view, provided a decisive success can be expected from - them, will have to be carried out, even if they are not covered - by existing international law. In principle, therefore, any - means of warfare which is effective in breaking enemy resistance - should be based on some legal conception”—the nature of which - is not specified—“even if that entails the creation of a new - code of naval warfare. - - “The supreme war council . . . will have to decide what measures - of military and legal nature are to be taken. Once it has been - decided to conduct economic warfare in its most ruthless form, - in fulfillment of military requirements, this decision is to be - adhered to under all circumstances. Under no circumstances may - such a decision for the most ruthless form of economic warfare, - once it has been made, be dropped or released under political - pressure from neutral powers; that is what happened in the World - War to our own detriment. Every protest by neutral powers must - be turned down. Even threats of further countries, particularly - of the United States, coming into the war, which can be expected - with certainty should the war last a long time, must not lead to - a relaxation in the form of economic warfare once embarked upon. - The more ruthlessly economic warfare is waged, the earlier will - it show results and the sooner will the war come to an end. The - economic effect of such military measures on our own war economy - must be fully recognized and compensated through immediate - reorientation of German war economy and the re-drafting of the - respective agreements with neutral states; for”—these are the - final words—“for this, strong political and economic pressure - must be employed if necessary.” - -I submit that those comments are most revealing; and the general -submission of the Prosecution is that as an active member of the inner -council of the Nazi State right up to 1943, Raeder, holding such ideas -as these, must share responsibility for the many War Crimes committed by -his confederates and their underlings in the course of the war. - -But quite apart from this over-all responsibility of Raeder, there are -certain crimes which the Prosecution submits were essentially initiated -and passed down the naval chain of command by Raeder himself. - -I refer to the Document C-27, at Page 7 of the document book, which will -be Exhibit GB-225. Those are minutes of a meeting between Hitler and -Raeder on the 30th of December 1939. I will read with the Court’s -approval the second paragraph beginning: - - “The Chief of the Naval Operations Staff requests that full - power be given to the Naval Operations Staff in making any - intensification suited to the situation and to the means of war. - The Führer agrees in principle to the sinking without warning of - Greek ships in the American prohibited area and of neutral ships - in those sections of the American prohibited area in which the - fiction of mine danger can be upheld, e.g., the Bristol - Channel.” - -At this time, of course, as the Tribunal knows, Greek ships were also -neutral and I submit that this is yet another demonstration of the fact -that Raeder was a man without principle. - -This incitement to crime was, in my submission, a typical group effort, -because in the Document C-12, which is at Page 1 of the document book, -the Tribunal will see that a directive to the effect of those naval -views was issued on the 30th of December 1939 by the OKW, being signed -by the Defendant Jodl. And that Document C-12 will be Exhibit GB-226. It -is an interesting document. It is dated the 30th of December 1939, and -it reads: - - “On the 30th of December 1939, according to a report of the - Supreme Commander of the Navy, the Führer and Supreme Commander - of the Armed Forces decided that: - - “1) Greek merchant ships in the area declared by England and the - U.S.A. to be a barred zone are to be treated as enemy vessels. - - “2) In the Bristol Channel all shipping may be attacked without - warning—where the impression of a mining incident can be - created. - - “Both measures are authorized to come into effect immediately.” - -Another example of the callous attitude of the German Navy, when it was -under Raeder’s command, towards neutral shipping, is found in an entry -in Jodl’s diary. . . - -THE PRESIDENT: I think perhaps you should read the pencil note, oughtn’t -you? - -MAJOR JONES: The pencil note on the Document C-12 reads: - - “Add to 1): Attack must be carried out without being seen. The - denial of the sinking of these steamships, in case the expected - protests are made, must be possible.” - -As I was saying, My Lord, another example of the callous attitude of -Raeder’s Navy towards neutral shipping is found in an entry in Jodl’s -diary for the 16th of June 1942, at Page 112 of the document book, which -is Document 1807-PS, and will be Exhibit GB-227. This extract from -Jodl’s Diary is dated the 16th of June 1942 and it reads: - - “The Operational Staff of the Navy (SKL) applied on the 29th May - for permission to attack the Brazilian sea and air forces. The - SKL considers that a sudden blow against the Brazilian warships - and merchant ships is expedient at this juncture because defense - measures are still incomplete, because there is the possibility - of achieving surprise, and because Brazil is actually fighting - Germany at sea.” - -This, the Tribunal will see, was a plan for a kind of Brazilian “Pearl -Harbor” because the Tribunal will recollect that war did not in effect -break out between Germany and Brazil until the 22d of August 1942. - -Raeder himself also caused the Navy to participate in War Crimes ordered -by other conspirators, and I shall give one example only of that. - -On the 28th of October 1942, as the Document C-179, Exhibit USA-543, at -Page 63 of the document book shows, the head of the operations division -of the naval war staff promulgated to naval commands Hitler’s notorious -order of the 18th of October 1942 with regard to the shooting of -Commandos which in my submission amounted to denying the protection of -the Geneva Convention to captured Commandos. - -The Tribunal will remember the document is dated the 28th of October -1942, and it reads: - - “Enclosed please find a Führer order regarding annihilation of - terror and sabotage units. - - “This order must not be distributed in writing to officers below - the rank of a flotilla leader or a section commander. After - verbal notification to subordinate sections such officers must - hand this order over to the next higher section which is - responsible for its withdrawal and destruction.” - -What clearer indication could there be than the nature of these -instructions as to the naval command’s appreciation of the wrongfulness -of the murders Hitler ordered? - -THE PRESIDENT: Shall we adjourn now for 10 minutes? - - [_A recess was taken._] - -MAJOR JONES: I have drawn the Tribunal’s attention to the circulation of -Hitler’s order to shoot Commandos. I now draw the Tribunal’s attention -to an example of the execution of that order by the German Navy during -the period when Raeder was its commander. - -My learned friend Mr. Roberts has already given the Tribunal an account -of a Commando operation of December 1942, which had as its objective an -attack on shipping in Bordeaux harbor. The Tribunal will recollect that -the Wehrmacht account he quoted, Document UK-57, Exhibit GB-164, stated -that six of the 10 participants in that commando raid were arrested and -that all were shot on the 23 March 1943. In connection with that episode -the Prosecution has a further document throwing more light on this -Bordeaux incident and showing how much more expeditiously the Navy under -Raeder had implemented Hitler’s order on this particular occasion. I -draw the Court’s attention to Document C-176, at Page 61 of the document -book, Exhibit GB-228. - -That document consists of extracts from the war diary of Admiral -Bachmann, who was the German flag officer in charge of western France. -The first entry, at Page 61, is dated 10 December 1942 and reads: - - “About 1015. Telephone call from personal representative of the - Commander of the SD in Paris, SS Obersturmführer Dr. Schmidt, to - flag lieutenant, requesting postponement of the shooting, as - interrogation had not been concluded. . . . - - “After consultation with the Chief of Operations Staff, the SD - had been directed to get approval direct from headquarters. - - “1820. SD, Bordeaux, requested Superior SD Office at Führer’s - headquarters to postpone the shooting for 3 days. Interrogations - continued for the time being.” - -The next day, 11 December 1942: - - “Shooting of two English prisoners was carried out by a unit - (strength 1/16 men) attached to the harbor command, Bordeaux, in - the presence of an officer of the SD on order of the Führer.” - -Then there is a note in green pencil in the margin opposite this entry -which reads: - - “SD should have done this. Phone flag officer in charge in - future cases.” - -The Tribunal will therefore see from this Document C-176, that the first -two gallant men to be shot as a result of the Bordeaux operation were -actually put to death by a naval firing party on the 11th of December -1942. They were Sergeant Wallace and Marine Ewart, who had the -misfortune to be captured on the 8th of December in the preliminary -stages of the operation. - -Of interest is the comment of the naval war staff upon this shooting, -which is found in Document D-658. - -THE PRESIDENT: What do the last two lines in Document C-176 about the -operation being “particularly favored” mean? - -MAJOR JONES: “The operation was particularly favored by the weather -conditions and the dark night”—that presumably, My Lord, is a reference -to the operation of the marine Commandos in successfully blowing up a -number of German ships in Bordeaux harbor. Alternately, I am advised by -the naval officer who is assisting me, that it probably is a reference -to the conditions prevailing at the time of the shooting of the two men. - -THE PRESIDENT: I should have thought so. - -MAJOR JONES: I stand corrected by the representative of the British Navy -upon my interpretation of the matter. - -THE PRESIDENT: Doesn’t it indicate that naval men had done it? - -MAJOR JONES: The shooting was in fact, as the entry of 11 December -shows, carried out by a naval party—by units belonging to the naval -officer in charge of Bordeaux. - -THE PRESIDENT: Yes. - -MAJOR JONES: I was seeking to draw the Tribunal’s attention to the -comment of the naval war staff upon that shooting, which is in Document -D-658, at Page 109, Exhibit GB-229. It reads: - - “The Naval Commander, west France, reports that during the - course of the day explosives with magnets to stick on, mapping - material dealing with the mouth of the Gironde, aerial - photographs of the port installations at Bordeaux, camouflage - material, and food and water for several days were found. - Attempts to salvage the canoe were unsuccessful. The Naval - Commander west France has ordered that both soldiers be shot - immediately for attempted sabotage, if their interrogation, - which has begun, confirms what has so far been discovered; their - execution has, however, been postponed in order to obtain more - information. - - “According to a Wehrmacht report, both soldiers have meanwhile - been shot. The measure would be in accordance with the Führer’s - special order but is nevertheless something new in international - law, since the soldiers were in uniform.” - -I submit that that last sentence shows very clearly that the Naval High -Command under Raeder accepted allegiance to the Nazi conspiracy as of -greater importance than any question of moral principle or of -professional honor and integrity. This operation of the shooting of -those two Commandos was, as I submit, not an act of war, but a murder of -two gallant men; and it is upon this somber note that it is my duty to -summarize this part of the Prosecution’s case against the Defendant -Raeder. - -The Prosecution’s submission is that he was not just a military puppet -carrying out political orders. The Tribunal has seen that, before the -Nazis came, he had worked actively to rebuild the German Navy behind the -back of the Reichstag. When the Nazis seized power, he unreservedly -joined forces with them. He was the prime mover in transferring the -loyalty of the German Navy to the Nazi Party. He was as much a member of -the inner councils of the Nazis as possibly any other defendant. And he -was a member of their main political advisory bodies. - -He was well aware of their aggressive designs and I submit he assisted -in their realization not only as a military technician, but also as a -mendacious politician. And he furthered, as I have submitted, their -brutal methods of warfare. And yet of all these conspirators Raeder was -one of the first to fall from his high position. It is in fact true that -the extension of war beyond the boundaries of Poland came as a -disappointment to him. His vision of a Nazi armada mastering the -Atlantic reckoned without Ribbentrop’s diplomacy and Hitler’s ideas of -strategy. - -I would draw the Tribunal’s attention to Document C-161, at Page 35 of -the document book, which is an extract, Exhibit GB-230, from a -memorandum of Raeder, dated 10 January 1943, just before his retirement, -entitled, “The Importance of German Surface Forces for Conducting the -War by the Powers Signatory to the Three Power Pact.” The material entry -reads: - - “. . . it was planned by the leaders of the National Socialist - Reich to give the German Navy by 1944-45 such a strength that it - would be possible to strike at the British vital arteries in the - Atlantic with sufficient ships, fighting power, and range. - - “In 1939, the war having begun 5 years earlier, the construction - of these forces was still in its initial stages. . . .” - -The Tribunal will see from that document how completely Raeder was -cheated in his ambitious plans by miscalculation as to when his high -seas fleet would be required. The Tribunal has seen that Raeder made a -great effort to recover some of his lost glory with his attack on an -inoffensive Norway. He made many efforts to liven up the war at sea, -both at the expense of neutrals and also of the customs and laws of the -sea. But his further schemes, however, were disregarded by his fellow -conspirators, and in January 1943, Raeder retired, and thereafter he was -a leader in name only. - -I invite the Court’s attention to the Document D-655, at Page 108 of the -document book, Exhibit GB-231, which is a record in Raeder’s handwriting -of his interview with Hitler on the 6th of January 1943, which led to -Raeder’s retirement. I am only proposing to read the fifth paragraph, in -which Raeder records: - - “. . . if the Führer was anxious to demonstrate that the parting - was of the friendliest character and wished that the name Raeder - should continue to be associated with the Navy, particularly - abroad, it would perhaps be possible to make an appointment to - the Inspector General, giving appropriate publicity in the - press, _et cetera_. But a new Commander-in-Chief of the Navy - with full responsibility for this office must be appointed. The - position of Inspector General, or whatever it was decided to - call it, must be purely nominal. - - “The Führer”—the record reads—“accepted this suggestion with - alacrity. The Inspector General could perhaps carry out special - tasks for him, make tours of inspection, _et cetera_. The name - of Raeder was still to be associated with the Navy. After - Commander-in-Chief of the Navy had repeated his request, the - Führer definitely agreed to 30th January as his release date. He - would like to think over the details.” - -This was Raeder’s twilight, and indeed a very different occasion from -the period of his ascendancy in 1939, when on the 12th of March Raeder -spoke on the occasion of the German Heroes’ Day. I now refer the Court -to the final document on Raeder, an account of that speech in March -1939, which is at Page 103 of the document book, in the Document D-653, -Exhibit GB-232. The first paragraph reads: - - “Throughout Germany celebrations took place on the occasion of - Hero Commemoration Day. . . . These celebrations were combined - for the first time with the celebration of the freedom to - rearm. . . . The day’s chief event was the traditional ceremony - held in the Berlin State Opera House in Unter den Linden.” - -In the presence of Hitler and representatives of the Party and Armed -Forces, General-Admiral Raeder made a speech, extracts from which are -given below. - -I turn to Page 2 of the record, Page 104 of the document book, to about -the 15th line: - - “National Socialism”—says Raeder—“which originates from the - spirit of the German fighting soldier, has been chosen by the - German people as its ideology. The German people follow the - symbols of its regeneration with as much great love as fanatical - passion. The German people has had practical experience of - National Socialism and it has not been imposed, as so many - helpless critics abroad believe. The Führer has shown his people - that in the National Socialist solidarity of the people lies the - great and invincible source of strength, whose dynamic power - ensures not only peace at home but also enables us to release - all the Nation’s creative powers.” - -There follow eulogies of Hitler, and a few sentences below: - - “This is the reason for the clear and unsparing summons to fight - Bolshevism and international Jewry, the nation-destroying - activities of which our own people have sufficiently suffered. - Therefore, the alliance with all like-minded nations who, like - Germany, are not willing to allow their strength, dedicated to - construction and peaceful work at home, to be disrupted by alien - ideologies and by parasites of a foreign race.” - -Then a few sentences on: - - “If later on we instruct in the technical handling of weapons, - this task demands that the young soldier should also be taught - National Socialist ideology and the problems of life. This part - of the task, which becomes for us both a duty of honor and a - demand which cannot be refused, can and will be carried out if - we stand shoulder to shoulder and in sincere comradeship to the - Party and its organizations. . . .” - -The next sentence: - - “The Armed Forces and the Party thus became more and more united - in attitude and spirit.” - -And then just two sentences on the next page: - - “Germany is the protector of all Germans within and beyond our - frontiers. The shots fired at Almeria are proof of that.” - -That refers, of course, to the bombardment of the Spanish town of -Almeria, carried out by a German naval squadron on the 31 May 1937 -during the course of the Spanish Civil War. - -There are further references to the Führer and his leadership, and then -a final sentence of the first paragraph of Page 3: - - “They all planted into a younger generation the great tradition - of death for a holy cause, knowing that with their blood they - will lead the way towards the freedom of their dreams.” - -My submission is that that speech of Raeder’s is the final proof of his -deep personal involvement in the Nazi conspiracy. There is the mixture -of heroics and fatalism that led millions of Germans to slaughter. There -are boasts of violence used on the people of Almeria. There is the lip -service to peace by a man who planned conquest. “Armed Forces and the -Party have become more and more united in attitude and spirit”—there is -the authentic Nazi voice. There is the assertion of racialism. Finally, -there is the anti-Semitic gesture, Raeder’s contribution to the outlook -that produced Belsen. Imbued with these ideas he became an active -participant on both the political and military level in the Nazi -conspiracy to wage wars of aggression and to wage them ruthlessly. - -MR. RALPH G. ALBRECHT (Associate Trial Counsel for the United States): -May it please the Tribunal, the United States will continue with the -presentation, showing the individual responsibility of the Defendant Von -Schirach. It will be made by Captain Sprecher. - -CAPTAIN DREXEL A. SPRECHER (Assistant Trial Counsel for the United -States): May it please the Tribunal, it is my responsibility to present -the individual responsibility of the Defendant Schirach for Crimes -against the Peace, War Crimes, and Crimes against Humanity as they -concern directly the Common Plan or Conspiracy. - -The Prosecution contends that the Defendant Schirach is guilty of having -exercised a leading part in the Nazi conspiracy from 1925 until the Nazi -downfall. - -The conspiratorial acts and the criminality of the Defendant Schirach -may be grouped for purposes of convenience into three principal phases: -(1) His early support of the conspirators over the period 1925-1929; (2) -his leadership and direction of German youth over the period 1929-1945; -(3) his leadership of the Reichsgau Vienna as chief representative of -the Nazi Party and the Nazi State in Vienna for the period July 1940 to -1945. The presentation will take up each of these principal phases after -a brief listing of all the principal positions which Schirach held. - -In presenting first a listing of the positions held by Schirach, it is -not intended immediately to describe the functions of each of these -positions. Insofar as a description of the functions of any particular -position is still felt necessary at this stage of the Trial, it will be -given later during the discussion of Schirach’s conspiratorial acts as -Nazi Youth Leader and as Nazi official in Vienna. - -For the consideration of the Tribunal, we have submitted a brief on this -subject. The document book contains English translations of 29 -documents. Although we feel that we have reduced the number of documents -to the minimum, the document book is still large. But Schirach’s -subversion of German youth is a large subject, even apart from any of -his other acts. Most of these documents are from German publications, of -which the Tribunal can take judicial notice. Therefore, in most cases, -it is intended only to paraphrase these documents, unless the Tribunal -in particular instances will indicate that they like fuller treatment. - -Before passing to the proof I want to express my appreciation, -particularly to Major Hartley Murray, Lieutenant Fred Niebergall at my -right, and Mr. Norbert Heilpern for their assistance in research, -analysis, translation, and organization of these materials. - -Schirach agrees he held the following positions. They are found in two -affidavits, an affidavit of certificate and one affidavit of report -dated December 1945, which is Document 3302-PS, document book, Page 110. - -I want to offer that affidavit as Exhibit Number USA-665. The -certificate, which I will rely on for only one point, is Document -2973-PS. It is already in evidence as Exhibit Number USA-14. - -Turning first to Document 3302-PS: This affidavit shows that Schirach -was a member of the Party from 1925 to 1945; that he was a leader of the -National Socialist Student League from 1929 to 1931; that he was leader -of the Hitler Youth Organization from 1931 to 1940. In 1931 and 1932 -Schirach was Reich Youth Leader on the staff of the SA Supreme Command, -where at that time all Nazi youth organizations were centralized. Also, -Schirach was Reich Youth Leader of the NSDAP from 1931 to 1940. - -In 1932 Schirach became an independent Reich Leader (Reichsleiter), in -the Party. Upon acquiring this relatively independent position, he no -longer remained on the staff of the SA Supreme Command, since Nazi youth -affairs thereafter, with the creation of the Reich Youth Leadership, -were directly subordinate to Hitler with Schirach at the helm. We had -that kind of condition existing in the Party where, under the Leadership -Principle, at the pinnacle you had one man, Schirach, and you no longer -had the youth affairs underneath the SA. However, within the SA, -Schirach retained the rank and the title of a Gruppenführer throughout -the period from 1931 to 1941, and in that year, 1941, he was elevated to -the rank of an SA Obergruppenführer, a rank which Schirach continued to -hold in the SA until the collapse. - -Schirach was Reich Leader of Youth Education in the NSDAP from 1932 -until the collapse. In other words, from before the Nazis came to state -power until the final downfall, this defendant held the high position of -a Reichsleiter, a Reich Leader, inside the Party. - -Now, in addition to these positions in the Party, Schirach held the -following positions in the Nazi State: - -Reich Youth Leader, 1933 to 1940; Reich governor (Reichsstatthalter) of -the Reichsgau Vienna, 1940 to 1945; Reich Defense Commissioner of -Vienna, 1940 to 1945. - -Now, although Schirach gave up some of his positions with respect to the -leadership of German youth in 1940 when he accepted these positions in -Vienna, he still continued to hold after that time the Party position of -Reich Leader for Youth Education in the NSDAP. Moreover, he was given a -very special position: Deputy to the Führer for the Inspection of the -Hitler Youth, the organization which he, of course, had led until 1940. -He continued in these last two positions until the downfall. - -The certificate, Document 2973-PS, the only thing I rely on there in -this particular presentation, is to show that Schirach was a member of -the Reichstag from 1932 to 1945. - -We next take up acts showing that Schirach actively promoted the NSDAP -and its affiliated youth organizations before the Nazis seized power. -Schirach was an intimate and a servile follower of Hitler from the year -1925. In that year, when he was only 18 years old, Schirach joined the -Nazi conspirators by becoming a member of the Party. Upon special -request of Hitler, he went to Munich to study Party affairs. He became -active in converting students to National Socialism. I am paraphrasing -there, Your Honors, from Paragraph 2 of Schirach’s own affidavit, -Document 3302-PS, Exhibit Number USA-665, found at Page 110 of the -document book. - -Now, this was the start of conspiratorial activities which Schirach -thereafter continued for two decades in a spirit of unbending loyalty to -Hitler and to the principles of National Socialism. Hitler’s early -personal attentions to this defendant bore fruit for the conspirators, -and we find Schirach’s stature in the Party circles rapidly growing -through these early years. - -In 1929 Schirach was made national leader of the entire National -Socialist German Students League. He retained this position for 2 years -until 1931. Document 3464-PS, document book, Page 121, is an extract -from the 1936 edition of the Party manual, Exhibit Number USA-666, which -I would like to offer in evidence. This makes it clear that the purpose -of the Nazi Students League was the ideological and political conversion -of students in universities and technical schools to National Socialism. - -After 1931 Schirach devoted his full time to Party work. Schirach was -elected a Nazi member of the Reichstag in 1932, and therefore he played -his part in the unparliamentary conduct of the Nazi Reichstag members -during the last months of the existence of the Reichstag as an -independent instrument of government. - -Some of the best evidence concerning Schirach’s support of the -conspiracy in its early stages comes from Schirach’s own words in his -book _The Hitler Youth_. Excerpts from this book are found in Document -Number 1458-PS, document book, Page 1. It is offered in evidence as -Exhibit Number USA-667. Now, since this book, Your Honors, covers many -years and many topics, I shall be required to refer to it occasionally -later on. - -An example of Schirach’s servile loyalty to Hitler during the early -years is found at Page 17 of this book, Page 12 of your document book. -There he writes of his early years of Party activity as follows: - - “We were not yet able to account for our conception in detail. - We simply believed. And when Hitler’s book _Mein Kampf_ was - published, it was our bible, which we almost learned by heart in - order to answer the questions of the doubters and superior - critics. Almost everyone who today is leading youth in a - responsible position joined us in those years.” - -Before 1933 Schirach moved throughout Germany, leading demonstrations, -summoning German youth to membership in the Hitler Youth. When the -Hitler Youth and the wearing of its uniform were forbidden by law, -Schirach continued his activities by illegal means. Of this period he -himself writes, at Page 26 of his book on _The Hitler Youth_, Pages 16 -and 17 of your document book, as follows: - - “At this time the HJ (the Hitler Jugend) gained its best human - material. Whoever came to us during this illegal time, boy or - girl, risked everything. . . . With pistols in our pockets we - drove through the Ruhr district while stones came flying after - us. We jumped every time we heard a bell ring, because we lived - in constant fear of arrests and expected our houses to be - searched.” - -At Page 27 of the same book, Page 18 of Your Honors’ document book, -Schirach indicates that in the early intra-Party fight between Hitler -and Strasser, Schirach clung steadfastly to the Hitler clique, and then, -in discussing Strasser, he exchanged his confidence only with Hitler and -the Defendant Streicher. It is hardly necessary to argue that such an -intimate of the Führer, himself, was advised from the beginning of the -general purposes, plans, and methods of the conspiracy. - -As an interesting sidelight, I believe a number of those conferences, -you will note, took place in Schirach’s apartment in Munich, and that -Hitler used to come there occasionally. - -Schirach was the leading Nazi conspirator in destroying all independent -youth organizations and in building the Nazi youth movement. In -connection with this point, the attention of the Tribunal is invited to -the brief of the United States Chief of Counsel entitled “The Reshaping -of Education, Training of Youth,” which was written for the United -States Chief of Counsel by Major Hartley Murray, and to the documents -cited therein under the section headed “b.” “The Nazi conspirators -supplemented the school system by training youth through the Hitler -Jugend.” These documents were offered in evidence in Document Book D in -the earlier phase of this Trial. The attention of the Tribunal is also -called to the motion picture _The Nazi Plan_, which was shown before the -Tribunal on the 11th of December, insofar as that film involved the -Defendant Schirach and his Hitler Youth organization. Occasions when -Schirach’s activities are shown in this film are noted in Document -Number 3054-PS, the index and the guide to this film, which is already -in evidence as Exhibit Number USA-167. - -It was the task of Schirach to perpetuate the Nazi regime through -generations by poisoning the minds of youth with Nazi ideology and -preparing youth for aggressive war. This poisoning will long outlive the -defendant. Indeed, one of the principal purposes of this exposure must -be to bring to those German youths who survived the Nazi-created -catastrophe a true picture of this man whom Nazi propaganda presented as -a great youth hero; a man against whom the living breath of free -criticism and the truth itself could make no answer before German youth -or before the German people, for more than 10 years. - -Again, from Schirach’s own hand in his book, _The Hitler Youth_, we have -crystal-clear evidence concerning the methods and the tactics employed -by this defendant in his destruction of independent youth organizations -and their incorporation into the Hitler Youth. At Page 32, Pages 19 and -20 of Your Honors’ document book, Schirach states that in 1933 the new -Cabinet ministers were too overburdened to solve the youth question by -their own initiative; that therefore he, Schirach, then leader of the -Hitler Youth, commissioned one of his confederates to lead 50 members of -the Berlin Hitler Youth in a surprise raid on the Reich Committee of -German Youth Organizations. This raid resulted in destroying the Reich -Committee and its absorption within the Hitler Youth. This raid was -closely followed by a second surprise raid of like success upon the -Youth Hostels Organization, Page 33, _The Hitler Youth_, found at Pages -20 and 21 of the document book. - -Now, after these successful showings of force and terror, Schirach’s -star climbed higher. He was appointed Youth Leader of the German Reich -in June 1931 in a solemn ceremony before Hitler. Concerning his next -steps, Schirach writes at Pages 35 and 36 of his book, Page 22 of the -document book, as follows: - - “The first thing I did was to dissolve the Greater German - League. Since I headed all German youth organizations and I had - the right to decide on their leadership, I did not hesitate for - a moment to take this step which was for the Hitler Youth the - elimination of an unbearable state of affairs.” - -Schirach accomplished the dissolution and destruction of most youth -organizations by orders which he issued and signed as Youth Leader of -the German Reich. This is shown by the order contained in Document -Number 2229-PS, your document book, Page 65, which is offered in -evidence as Exhibit Number USA-668. - -By this one order of Schirach nine youth organizations were dissolved, -including the Boy Scout movement. - -The Protestant and Catholic youth organizations were the last to be -destroyed and absorbed by the Hitler Youth. Schirach accomplished the -absorption of the Protestant youth organization by agreement with the -Hitler-appointed Reich Bishop Ludwig Müller, Page 38 of _The Hitler -Youth_, Page 24 of the document book. Schirach’s objective in forcing -all German youth into the Hitler Youth was finally accomplished in -December 1936 by the basic law on the Hitler Youth. Document Number -1392-PS is a decree, 1936, _Reichsgesetzblatt_, Part I, Page 993, of -which, of course, the Tribunal may take judicial notice. This law -declared in part, and Your Honors, I read from this because it shows so -clearly the nature of what was to happen and what was already happening -to German youth under Schirach. - -THE PRESIDENT: Is it set out in the document book? - -CAPT. SPRECHER: Yes, Sir. - -THE PRESIDENT: What page? - -CAPT. SPRECHER: It is Document Number 1392-PS. It is at Page 6 of your -document book: - - “The future of the German nation depends on its youth, and - German youth will have to be prepared for its future - duties. . . . All of the German youth in the Reich is organized - within the Hitler Youth. . . . The German youth, besides being - reared within the family and school, shall be educated - physically, intellectually, and morally in the spirit of - National Socialism to serve the people and the community through - the Hitler Youth. . . . The task of educating the German youth - through the Hitler Youth is being entrusted to the Reich Leader - of German Youth in the NSDAP. . . .” - -The first executive order on this basic law concerning the Hitler Youth -was issued on the 25th of March 1939. If you refer to Page 40 of your -document book, this decree, 1939, _Reichsgesetzblatt_, Part I, Page 709, -among other points confirms the exclusive nature of Schirach’s -responsibility concerning German youth. I will quote only one sentence: - - “The Youth Leader of the German Reich is solely competent for - all missions of the physical, ideological, and moral education - of the entire German youth outside home and school.” - -THE PRESIDENT: Captain Sprecher, I think you have told us enough now to -satisfy us that Von Schirach was in charge, of the ideological education -of German youth and completely in charge of it. - -CAPT. SPRECHER: Yes, Sir. - -THE PRESIDENT: And we don’t desire to hear any more of it. - -CAPT. SPRECHER: I understand. - -In exercising his far-reaching control over German youth, Schirach -naturally relied on the common techniques of the Nazi conspirators, -including the Leadership Principle, the nature of which has already been -established before this Tribunal. The Tribunal will find a galling -glorification and explanation of the Leadership Principle as it was -applied to German youth, in Schirach’s book, _The Hitler Youth_, at Page -68, translated at Page 32 of the document book. I won’t read from that. - -In his affidavit, Document Number 3302-PS, Paragraph 5, Schirach states, -“It was my task to educate the youth in the aims, ideology, and -directives of the NSDAP, and beyond this to direct and to shape them.” - -Naturally, Schirach established and directed an elaborate propaganda -apparatus to accomplish a thorough-going poisoning of the minds of -German youth. Document Number 3349-PS, your document book Page 114, is -offered in evidence as Exhibit Number USA-666. - -This is an excerpt from Pages 452 and 453 of the 1936 edition of the -Party manual. This document will show that the Reich Youth Leadership -(Reichsjugendführung) of the NSDAP prepared and published numerous -periodicals ranging from a daily press service to monthly magazines. -This document also shows that the propaganda office of the Hitler Youth -maintained, through liaison agents, a political and ideological -connection with the propaganda office of the NSDAP and with the -Propaganda Ministry, both of which, of course, were headed by the -conspirator Goebbels. - -Schirach shares with the conspirator Dr. Robert Ley, Reich -Organizationsleiter of the NSDAP, the responsibility for the -establishment and general administration of the Adolf Hitler Schools. -This is shown by a joint statement of Ley and Schirach in the year 1937, -which is found in the document book at Page 100. It is our Document -2653-PS, offered in evidence as Exhibit Number USA-669. This document -shows that these Adolf Hitler Schools were open free of charge to -outstanding and proved members of the Young Folk, the junior section of -the Hitler Youth organization. It further shows that the object of these -schools was the building of youthful leadership for the Nazi Party and -the Nazi State apparatus. - -Schirach extended his education of German Youth into the field of law -and the legal profession even though these fields were principally under -the control of the Defendant Frank. Proof is found in Document Number -3459-PS, Page 120 of the document book. This is a one-page extract from -an account of the Congress of German Law in 1939. It is offered as -Exhibit Number USA-670. This document shows that beyond purely technical -education in law it was considered by the conspirators to be the task of -the Party to exercise influence upon the ideological conceptions of the -Young Law Guardians League. This league was a junior organization of the -National Socialist Law Guardians League, a Nazi-controlled organization -of lawyers. - -Now, at this Congress to which the document refers, an official of the -youth law guardians declared that ignorance of the simplest legal -principles could best be fought within the Hitler Youth and that, -therefore, the legal education program of the Hitler Youth was to -receive the broadest support. - -Obergebietsführer Arthur Axmann, the subordinate of Schirach at that -time and who in 1940 was to succeed him as leader of the Hitler Youth, -was at that time, namely, May 1939, appointed the chairman of a youth -legal committee for the establishment of the Youth Law. He was appointed -by the Defendant Frank. - -THE PRESIDENT: Captain Sprecher, I don’t think I made it quite clear -that the Tribunal is not really interested in these details by which the -Defendant Von Schirach acquired his power over the German Youth. You -have told us sufficient to establish in our minds, so far at any rate, -that he managed to get absolute command over the German youth. The only -thing that seems to me to be material, at the present stage, is whether -or not you can show us any direct evidence that the Defendant Schirach -was a party to the aggressive aims of the Reich leaders, or to any War -Crimes or to any Crimes against Humanity. Unless you can show us that, -your address to us is really not useful to us at this stage. - -CAPT. SPRECHER: I plan to take up directly, Your Honor, the question of -the militarization of youth. I did want to make one reference at this -point to the relation of the Hitler Youth to the League for Germans -Abroad, if that is satisfactory to Your Honor. - -THE PRESIDENT: Well, that may bear on the aggressive aims of the Reich -leaders. - -CAPT. SPRECHER: Schirach extended the influence of the Hitler Youth -beyond the borders of Germany by means of co-operation between the -Hitler Youth and the League for Germans Abroad, the VDA. This is proved -by an agreement made in 1933 between Schirach and leaders of the VDA -which is contained in Document L-360(h), document book Page 3. This is -offered in evidence as Exhibit Number USA-671. - -Now, Schirach discusses in his book, _The Hitler Youth_, under the -chapter heading, “Work Abroad”—that is Chapter 4 of the book, Pages 34 -to 38 of the document book—some of the connections of the Hitler Youth -with such Nazi ideas as Lebensraum, colonial policy as an ideological -weapon. - -I won’t read from that, since it also covers to a certain extent. . . - -THE PRESIDENT: Did it talk about Lebensraum? - -CAPT. SPRECHER: It actually used the word Lebensraum. At Page 36 of the -document book there is reference made to the Ostraum, space in the -East. . . - -THE PRESIDENT: I thought the document you were dealing with was L-360 on -Page 3. - -CAPT. SPRECHER: I am sorry. I had gone on from there, to speak about -Schirach’s book, Document 1458-PS, and I had mentioned that at Pages 34 -to 38 of the document book there were references concerning the Nazi -ideas of colonial policy and Lebensraum, and that this book by Schirach -indicated that the Hitler Youth was charged with spreading those ideas. - -He uses the word “Ostraum” in speaking of space in the East, and he -discusses German youth organizations abroad and the German schools in -these countries. And then I wish particularly to point out on Page 37 -the following sentence: - - “It will be taken into consideration concerning this schooling - that the guiding line of German population policy which aims at - the utilization of the space in the East will not be violated.” - -Now, the conspirators devoted a great deal of energy to the perpetuation -of their scheme of things by selecting and training successors for Nazi -leadership, selecting and training and acquiring active Nazis for the -rank and file of the NSDAP and its affiliated organizations, including -the SA and the SS which are alleged here to be criminal organizations. - -A number of orders issued by the Party Chancellery under the heading, -“Successor Problems,” show the dominant part assumed by Schirach and his -Hitler Youth in this field. Our Document Number 3348-PS, “Selections -from Volume I of the Decrees, Regulations, and Announcements of the -Party Chancellery,” already marked in evidence as Exhibit Number -USA-410, contains some of these orders, which I won’t take the time to -read. But they are all contained on one page, Page 113, of your document -book. - -Only Hitler Youth members who distinguished themselves were to be -admitted to the Party. Nazi leaders were directed to absorb full-time -Hitler Youth leaders into their staffs so as to offer them practical -experience and thus secure necessary successors for the Leadership Corps -which is also alleged as a criminal organization. This pivotal and -central function of the Hitler Youth in the domination of German life by -the Party is also shown at Pages 80 and 81 of the 1938 Party manual, -Exhibit Number USA-430, found at Page 74 of the document book. - -THE PRESIDENT: That last page, Page 113, does that refer to any of the -matters to which I drew your attention? It is simply the organization of -the youth; it has nothing to do with any criminal aims. - -CAPT. SPRECHER: Your Honor, it certainly is the contention of the -Prosecution that any man who took an active part in furnishing for these -criminal organizations young members committed a crime. - -THE PRESIDENT: I quite understand that, and that is why I told you that -we were satisfied that so far you had shown that he had acquired -absolute control over and was the leader of the German youth. The only -thing we want to hear about at this stage is whether he was a party to -the schemes for aggressive war, to War Crimes, or to Crimes against -Humanity. That is what we want to hear, and we don’t want to hear -anything else. - -CAPT. SPRECHER: Your Honors, may I pass, then, to the connection of -Hitler Youth to the SS. Document 2396-PS, which is found at Page 69 of -the document book and which is offered as Exhibit Number USA-673, has a -quotation in it concerning the Streifendienst of the Hitler Youth; the -Streifendienst being the patrol service, a type of self-police -organization of the Hitler Youth. The quotation which I intend to read -will indicate how this organization became the principal supplier of the -SS. - -Are Your Honors interested in having me read that quotation concerning -the Hitler Youth as the main source of the SS? - -THE PRESIDENT: Yes, perhaps; I haven’t read it. - -CAPT. SPRECHER: This document is an agreement between Schirach and -Himmler. It was concluded in October 1938. It bears, I think, partial -quoting: - - “Organization of the Streifendienst. - - “1. Since the Streifendienst in the Hitler Youth has to perform - tasks similar to those which the SS perform for the whole - movement, it is organized as a special unit for the purpose of - securing recruits for the General SS. However, as much as - possible, recruits for the SS Special Troops, for the SS Death’s - Head Units, and for the officer-candidate schools, should also - be taken from these formations.” - -I am skipping down now to 4a, which is underlined in red in your book: - - “The selection of Streifendienst members is made according to - the principles of racial selection of the Schutzstaffel. The - competent officials of the SS, primarily unit leaders, race - authorities, and SS physicians, will be consulted for the - admission tests.” - -Skipping to 5: - - “To insure from the beginning a good understanding between Reich - Youth Leadership and Reich SS leadership, a liaison officer will - be ordered from the Reich Youth Leadership to the SS Main Office - starting 1 October 1938. The appointment of other leaders to the - higher SS sections is a subject for a future agreement.” - -Then, going down to what I think is the most striking quotation, Your -Honor, 6: - - “After the organization is completed, the SS takes its - replacement primarily from these Streifendienst members. - Admission of youths of German blood who are not members of the - Hitler Youth is then possible only after information and advice - of the competent Bannführer.” - -Now, the Bannführer referred to there was the local leader of the Hitler -Jugend; and without his consent no one could go into the SS in the -future after that agreement was made, which was in October 1938. - -Now, the second agreement which Schirach made with Himmler was made in -December 1938. It is found in our document book, Number 2567-PS, Page -98. It is offered in evidence as Exhibit Number USA-674. It states that -the Farm Service of the Hitler Youth “is, according to education and -aim, particularly well suited as a recruiting agency for the SS, General -SS, and the armed section of the SS, SS Special Troops, and SS Death’s -Head battalions.” - -The agreement concludes by stating that Farm Service members of the -Hitler Youth who pass the SS admission tests will be taken over by the -SS immediately after leaving the Hitler Youth Farm Service. - -I might point out to Your Honors that this meant that after that time -any Hitler Youth member who was in the Farm Service was obliged to go -into the SS. - -And now, to come directly to the point you have been inquiring about, -Your Honor: - -Throughout the 6 years of Nazi political control over Germany before the -launching of aggressive war, Schirach was actively engaged in -militarizing German youth. From the beginning, the Hitler Youth was set -up along military lines with uniforms, ranks and titles. It was -regimented and led in military fashion under the Leadership Principle. - -If Your Honors will take any edition whatsoever of the _Organization -Book_, the Party manual, and turn to the tables, beginning with Table -54, and leaf through the book, you will see the very striking insignia -of the Hitler Youth and how much it compares to what the normal military -insignia were. You will further notice that one of the most prominent -insignia is an “S” of the same type that the Nazis used with respect to -the SS. You will notice that part of the uniform was a long knife. - -THE PRESIDENT: Isn’t that all a part of what they are pleased to call -the Nazi ideology? I mean, the Führer Principle, military training? - -CAPT. SPRECHER: There is a relation between all of these things, -perhaps, and the Leadership Principle, because the Leadership Principle -dominated absolutely every aspect of German life. However, Your Honors, -I suggest that showing to you, in this graphic means, the similarity -between the uniform of the Hitler Youth and military uniforms has some -bearing upon the preparation for aggressive wars, about which I am -further to speak in just a moment. - -Now, Document 2654-PS, found at Page 102 of your document book, is a -whole book given over to just this question of the organization and the -insignia of the Hitler Youth. - -The Tribunal will see how the Hitler Youth was divided into branches or -divisions which were very similar to military divisions. - -That document is offered as Exhibit Number USA-675. I will refer no -further to it. - -Now, in a speech in February 1938, when the conspirators had already -dropped some of the camouflage which surrounded their earlier military -preparations for the wars which we have recently suffered, Hitler -discussed the military training of the Hitler Youth in the _Völkischer -Beobachter_ of the 21st of February 1938. This is our Document 2454-PS, -found at Page 97 of the document book. It is offered as Exhibit Number -USA-676. - -Hitler there said that thousands of German boys had received specialized -training through the Hitler Youth in naval, aviation, and motorized -groups and that over 7,000 instructors had trained more than 1 million -Hitler Youth members in rifle shooting. That was February 1938, shortly -before the Anschluss. Note the progress of military training within the -Hitler Youth between then and August 1939, just 1 month before the -invasion of Poland. - -At that time the Defendant Schirach and the Defendant Keitel, as Chief -of the High Command, entered into another one of those informative -agreements, which many of these defendants liked to make among -themselves. It is Document Number 2398-PS, your document book Page 72. -It is offered as Exhibit Number USA-677. It is taken from _Das Archiv_ -which, in introducing the actual agreement, declared that this agreement -was “the result of close co-operation” between Schirach and Keitel. The -agreement itself states, in part: - - “While it is exclusively the task of the Hitler Youth to attend - to the training of their units in this direction, it is - suitable, in the sense of a uniformed training corresponding to - the demands of the Wehrmacht, to support the leadership of the - Hitler Youth for their responsible task as trainers and - educators in all fields of training for defense by special - courses.” - -And then, skipping down towards the end, you will note this quotation -within the agreement: “A great number of courses are in progress.” - -Your Honor, if I may take about 5 minutes, I can finish this one section -on the aggressive war phase. - -THE PRESIDENT: Very well. - -CAPT. SPRECHER: Whereas Hitler, in February 1938, mentioned that 7,000 -Hitler Youth leaders were engaged in training German youngsters in rifle -shooting, Schirach and Keitel, in their agreement of August 1939, note -the following: - - “. . . 30,000 Hitler Youth leaders are already being trained - annually in field service. The agreement with the Wehrmacht - gives the possibility of roughly doubling that number. The - billeting and messing of the Hitler Youth leaders is done, - according to the regulations for execution already published, in - the barracks, drill grounds, _et cetera_, of the Wehrmacht, at a - daily cost of 25 Pfennig.” - -Just as Schirach dealt with the head of the SS in obtaining zealous -recruits for organized banditry and the commission of atrocities, so -also he dealt with the head of the Wehrmacht in furnishing young men as -human grist for the mill of aggressive war. - -The training of German youths runs through the Nazi conspiracy as an -important central thread. It is one of the manifestations of Nazism -which has shocked the entire civilized world. The principal -responsibility for the planning and execution of the Nazi Youth policy -falls upon this defendant. - -I wish to take merely one sentence from his own affidavit, Paragraph 5, -Document Number 3302-PS, so that there can be no doubt before this -Tribunal or before the world, indeed, as to this defendant’s own feeling -of responsibility: “I feel myself responsible for the policy of the -youth movement in the Party and later within the Reich.” I underline the -phrase “_I feel myself responsible_.” - -Your Honor, that is a convenient breaking point before coming to a -discussion of Schirach’s connection to War Crimes and Crimes against -Humanity. - -THE PRESIDENT: Very well. - - [_The Tribunal adjourned until 16 January 1946 at 1000 hours._] - - - - - THIRTY-FIFTH DAY - Wednesday, 16 January 1946 - - - _Morning Session_ - -CAPT. SPRECHER: May it please the Tribunal, I now pass to activities -which involve Schirach in the commission of Crimes against Humanity as -they bear directly on Count One. The presentation of all specific acts -will deal with the Reichsgau Vienna; but first allow me to refer back to -two important points in the previous proof, which will show that -Schirach bears responsibility for War Crimes and Crimes against Humanity -which bring in the whole of Europe. Through his agreements with Himmler -he provided, through the Hitler Youth, many if not most of the SS men -who administered, in the main, the concentration camps and whose War -Crimes and Crimes against Humanity throughout Europe generally are -notorious. - -Nor should we pass to further specific acts of Schirach without -mentioning one more thing: that he cannot escape responsibility for -implanting in youth the Nazi ideology generally, with its tenets of a -master race, sub-human peoples, and Lebensraum and world domination. For -such notions were the psychological prerequisites for the instigation -and for the tolerance of the atrocities which zealous Nazis committed -throughout Germany and the occupied countries. - -To present Schirach’s responsibilities for crimes committed within the -Reichsgau Vienna, where Schirach was Gau leader and Reich governor from -July 1940 until the downfall, the general basic functions of these two -offices must be held in mind. - -The first document I refer to is Document Number 1893-PS. This is an -extract from the Party manual of 1943 and therefore catches Schirach in -midstream in his activities in the Reichsgau Vienna. That is Page 42 of -the document book, and Pages 70, 71, 75, 98, 136, and 140b of the Party -manual, extracts from each of those pages appearing in your document -book. - -The following highlights concerning the Gau leader’s functions will -appear, and I propose only to paraphrase. Since Your Honor may take -judicial notice of the Party manual, you may check at your leisure -unless you wish me to read from any one of these specific orders. These -orders make it appear that the Gau leader was the highest representative -of Hitler in his Gau, that he was the bearer of sovereignty—the top -Hoheitsträger—and that he had sovereign political rights. Beyond that, -he was responsible for the entire political situation in his Gau. He -could call—and we believe this is important—he could call upon SA and -SS leaders as “needed in the execution of a political mission.” Beyond -that he was obliged to meet at least once a month with the leaders of -the affiliated Party organizations within his Gau, and this, of course, -included the SS. - -Now, the position of the Reich Governor in Vienna is somewhat special. -After the Anschluss the State of Austria was abolished, and Austria was -divided into seven Reich Gaue. The most important of these Gaue was the -Reichsgau Vienna, of which Schirach was Governor. Reference to any -statistical manual of the Reich at this time will establish that at that -time Vienna had a population of over 2 million people. Therefore it was -certainly one of the principal cities of the Reich. The Tribunal is -asked to take judicial notice of the decree, 1939 _Reichsgesetzblatt_, -Part I, Page 777, our Document Number 3301-PS, found at Page 107 of the -document book. This is the basic law on the administrative -reorganization of Austria. It was enacted in April 1939, a little more -than a year before Schirach became Governor. This law shows that -Schirach, as Governor, was the lieutenant of the head of the German -State, Hitler; that he could issue decrees and orders within the -limitations set by the supreme Reich authorities; that he was especially -under the administrative supervision of the Defendant Frick, Reich -Minister of the Interior; and that he was also the first mayor of the -city of Vienna. For the same period that Schirach was Gau leader and -Reich Governor of Vienna, he was also Reich Defense Commissioner of -Vienna; and after 1940, of course, the Reich was engaged in war. - -Because of his far-reaching responsibilities and authority in these -positions, the Prosecution contends that Schirach must be held guilty, -specifically, of all the crimes of the Nazi conspirators in the -Reichsgau Vienna, on the ground that he either initiated, approved, -executed, or abetted these crimes. Specific examples follow which, in -fact, demonstrate that Schirach was actively and personally engaged in -Nazi crimes, and that, when he became boastful—a characteristic never -lacking in most of these defendants—he himself admitted his own -involvement in acts which are crimes within the competence of this -Tribunal. - -I come first to slave-labor. - -The slave-labor program naturally played its part in staffing the -industries of as large and important a city as Vienna. The general -nature of this program and the crimes flowing therefrom have been in -part set before you by Mr. Dodd. The Soviet prosecutors will present -further acts later on. Our Document Number 3352-PS, found at Page 116 of -your document book, which I would like to offer as Exhibit USA-206, -gives extracts from a number of orders of the Party chancellery. Each of -these orders from which the extracts have been taken bear on the Gau -leader’s responsibility for manpower placement and utilization. They -prove quite simply and in unmistakable language that the Gau leaders -under the direction of the experienced old Gau leader Sauckel, who was -plenipotentiary for manpower, became the supreme integrating and -co-ordinating agents of the Nazi conspirators in the entire manpower -program. At Page 116 of your document book—Page 508 of the original -volume of orders—the Defendant Göring is shown to have agreed, as -leader of the Four Year Plan, to Sauckel’s suggestion that the Gau -leaders be utilized to assure the highest efficiency in manpower. At -Page 117 of your document book—Page 511 of the orders of the Party -chancellery—Sauckel in July 1942 makes the Gau leaders his special -plenipotentiaries for manpower within their Gaue, with the duty of -establishing a harmonious co-operation of all interests concerned. In -effect the Gau leader became the supreme arbitrator for all the -conflicting interests that exist during wartime with respect to claims -upon manpower. Under this same order the regional labor offices and -their staffs were “directed to be at the disposal of the Gau leaders for -information and advice and to fulfill the suggestions and demands of the -Gau leader for the purpose of improvements in manpower. . . .” At Pages -118 and 119 of your document book—Page 567 of the Party chancellery -orders—the Defendant Sauckel ordered that his special -plenipotentiaries, the Gau leaders, familiarize themselves with the -general regulations on Eastern Workers. He stated that his immediate -objective was “to prevent politically inept factory heads giving too -much consideration to the care of Eastern Workers and thereby cause -justified annoyance among the German workers.” - -We submit to the Tribunal that if Schirach as Gau leader was required to -concern himself in such manpower details as concern over the alleged -annoyance of German workers for the consideration given Eastern Workers, -it is unnecessary to press further into the detailed workings of the -manpower program to establish Schirach’s connection with, and -responsibility for, the slave-labor program in the Reichsgau Vienna. - -I now pass to the persecution of the churches. - -The elimination of the religious youth organizations while Schirach was -chief Nazi youth leader has already been noted. In March 1941 two -letters, one from the Defendant Bormann, the other from the conspirator -Hans Lammers. . . - -THE PRESIDENT: Captain Sprecher, have you any other evidence which -connects Von Schirach with the problem of manpower? - -CAPT. SPRECHER: I had planned on presenting nothing further, Your Honor. -I felt that in view of the fact that our Soviet colleagues are going -further with the details of the manpower program, particularly in the -East, the main objective under Count One should merely be to show the -general responsibility of the Defendant Schirach for the slave-labor -program, and the question of specific acts will have to be taken from -the other proof in the Record, which will come, into the Record later. - -THE PRESIDENT: Very well. - -CAPT. SPRECHER: There is just one further point: When I come to the -treatment of the Jews in a few minutes, there will be one or two -specific examples. - -THE PRESIDENT: You are now going to deal with the persecution of -churches, is that right? - -CAPT. SPRECHER: Yes, Sir. - -Now, the Tribunal is referred to Document R-146, at Page 5 of the -document book. This is offered as Exhibit USA-678. - -I am a little in doubt, Your Honors, as to whether I should read all -this document, in view of our common anxiousness to pass rapidly on; but -perhaps I may paraphrase it, and if you are not satisfied I will read -it. - -These documents establish clearly that during a visit by Hitler to -Vienna, Schirach and two other officials brought a complaint before the -Führer that the confiscations of Church property in Austria, made on -various pretexts, should be made in favor of the Gaue rather than of the -Reich. Later the Führer decided the issue in favor of the position which -had been taken by Schirach, namely, in favor of the Gau. I use this -merely to connect Schirach with the persecution of the churches, -concerning which there has been a great deal of evidence before this -time. - -THE TRIBUNAL (Mr. Biddle): None of it is in evidence yet. You have not -put anything in evidence. We cannot take judicial notice of something -unless you ask us to. - -CAPT. SPRECHER: Your ruling is that this would not be in evidence unless -I read it? - -THE TRIBUNAL (Mr. Biddle): I am not making any ruling; I was merely -pointing out to you that we have nothing in evidence on the last -document. - -CAPT. SPRECHER: I think, under the circumstances, I had better read this -document: - - “Munich, 20 March 1941, Brown House, Personal-Secret. - - “To: All Gau leaders. Subject: Sequestration of Church - properties (Monastery property, _et cetera_). - - “Recently, valuable church properties have had to be sequestered - on a large scale, especially in Austria; according to reports of - the Gauleiter to the Führer, these sequestrations were often - because of violations of ordinances relating to war economy (for - example, hoarding of foodstuffs of various kinds, textiles, - leather goods, _et cetera_). In other cases they were for - violations of the law relating to subversive acts against the - State and in some cases because of illegal possession of arms. - Obviously no compensation is to be paid to the churches for - sequestrations made for the above-mentioned reasons. - - “With regard to further sequestrations, several Austrian Gau - leaders, on the occasion of the Führer’s last visit to Vienna, - attempted to clarify the question of who should acquire such - sequestered properties. Please take note of the Führer’s - decision, as contained in the letter written by Reich Minister - Dr. Lammers to the Reich Minister of the Interior, dated 14 - March 1941. I enclose copy of extracts of the - same.”—Signed—“M. Bormann.” - -I had offered that document as Exhibit USA-678. Do you still wish me to -read the enclosure that went with it? - -THE TRIBUNAL (Mr. Biddle): I don’t wish you to read anything; I was -simply pointing out that, as you had not read it, it was not in -evidence. - -CAPT. SPRECHER: In that event I will continue, Your Honor. The copy -reads as follows: - - “Berlin, 14 March 1941; The Reich Minister and Chief of the - Reich Chancellery. - - “To the Reich Minister of the Interior. Subject: Draft of an - ordinance supplementing the provisions on confiscation of - property of enemies of the People and State. - - “The Reichsstatthalter and Gauleiter Von Schirach, Dr. Jury and - Eigruber complained recently to the Führer that the Reich - Minister of Finance still maintains the point of view that - confiscation of property of enemies of the People and State - should be made in favor of the Reich and not in favor of the - Reich Gaue. Consequently the Führer has informed me that he - desires the confiscation of such properties to be effected in - favor of the Reich Gau in whose area the confiscated property is - situated, and not in favor of the Reich. . . .” - -THE PRESIDENT: You need not read any more of it. - -CAPT. SPRECHER: I pass over now to the Jewish persecution. - -The Prosecution submits, finally, that Schirach authorized, directed, -and participated in anti-Semitic measures. Of course, the whole ideology -and teaching of the Hitler Youth was predicated upon the Nazi racial -myth. Before the war, Schirach addressed a meeting of the National -Socialist German Students’ League, the organization he headed from 1929 -to 1931. Document 2441-PS is offered as Exhibit USA-679, an affidavit by -Gregor Ziemer. I wish to read merely from the bottom of Page 95 of the -document book to the end of the first paragraph at the top of Page 96 of -the document book. The deponent Ziemer is referring to a meeting at -Heidelberg, Germany, which he personally attended some time before the -war, at which Baldur von Schirach addressed the Students’ League, which -he himself had at one time led. . . . - -THE PRESIDENT: What is this document? - -CAPT. SPRECHER: It is an affidavit of Gregor Ziemer: - - “He”—meaning Schirach—“declared that the most important phase - of German university life in the Third Reich was the program of - the NSDSTB. He extolled various activities of the League. He - reminded the boys of the service they had rendered during the - Jewish purge. Dramatically he pointed across the river to the - old university town of Heidelberg where several burnt-out - synagogues were mute witnesses of the efficiency of Heidelberg - students. These skeleton buildings would remain there for - centuries as inspiration for future students, as warning to - enemies of the State.” - -To attempt to visualize the true extent of the fiendish treatment of -Jews under Schirach, we must look to his activities in the Reichsgau -Vienna and to the activities of his assistants, the SS and the Gestapo, -in Vienna. - -Document Number 1948, Page 63 of your document book, is offered as -Exhibit USA-680. You will note it is on the stationery of the last -Governor of Vienna. - -THE PRESIDENT: Captain Sprecher, I have been reading on in this Document -2441-PS, on Page 96 of the document book. It seems to me you ought to -read the next three paragraphs on Page 96 from the place where you left -off. - -CAPT. SPRECHER: Yes, Sir. - -THE PRESIDENT: The second, third, and fourth paragraphs. - - CAPT. SPRECHER: “Even as old Heidelberg Castle was evidence that - Old Germany had been too weak to resist the invading Frenchmen - who destroyed it, so the black remains of the synagogues would - be a perpetual monument reminding coming generations of the - strength of New Germany. - - “He reminded the students that there were still countries which - squandered their time and energy with books and wasteful - discussions about abstract topics of philosophy and metaphysics. - Those days were over. New Germany was a land of action. The - other countries were sound asleep. - - “But he was in favor of letting them sleep. The more soundly - they slumbered, the better opportunity for the men of the Third - Reich to prepare for more action. The day would come when German - students of Heidelberg would take their places side by side with - legions of other students to conquer the world for the ideology - of Nazism.” - -I was about to refer, Your Honors, to Document Number 1948-PS, which is -found at Page 63 of your document book, and which I offer as Exhibit -USA-680. This, you will note, is on the stationery of the Reich Governor -of Vienna, the Reichsstatthalter in Vienna. - - “. . . 7 November 1940. - - “Subject: Compulsory labor of able-bodied Jews. - - “1. Notice: On 5 November 1940 telephone conversation with - Colonel”—Standartenführer—“Huber of the Gestapo. The Gestapo - has received secret directions from the Reich Security Main - Office (RSHA) as to how able-bodied Jews should be drafted for - compulsory labor service. Investigations are being made at - present by the Gestapo to find out how many able-bodied Jews are - still available, in order to make plans for the contemplated - mass projects. It is assumed that there are not many more Jews - available. If some should still be available, however, the - Gestapo has no scruples to use the Jews even for clearing away - the destroyed synagogues. - - “SS Standartenführer Huber will make a report personally to the - Regierungspräsident in this matter. - - “I have reported to the Regierungspräsident accordingly. The - matter should be kept further in mind.” - -The signature is by Dr. Fischer. - -I want to call the Court’s attention to the significance of the title -Regierungspräsident. The SS Colonel, you will note, was to report to the -Regierungspräsident. If you will refer back again to the decree which -set up the Reichsgau Vienna, 1939 Reichsgesetzblatt, Part I, Page 777 -(Document 3301-PS), you will find that the Regierungspräsident was -Schirach’s personal representative within the governmental -administration of Vienna. - -Now, it seems to us that this Document Number 1948-PS, which was signed -by Fischer, concerning compulsory labor of able-bodied Jews, answers the -argument that persons of the rank of Gauleiter were ignorant of the -atrocities of the Gestapo and the SS in their own locality. It shows -further that even the assistants of the Gau leaders were informed of the -details of the persecution projects which were afoot at the time. - -Schirach also had concern for, and knowledge of, the housing shortage in -Vienna, which was alleviated for some members of the alleged master race -who succeeded to the houses of the luckless Jews who were moved into -oblivion in Poland. - -On December 3, 1940, the conspirator Lammers wrote a letter to Schirach. -It is our Document 1950-PS, Page 64 of your document book, and it is -offered in evidence as Exhibit USA-681. The letter is very short: - - December 1940. . .” - -the stationery of the Reich Minister and Chief of the Reich Chancellery, -and it is marked “secret”: - - “To the Reich Governor in Vienna, Gauleiter Von Schirach: - - “As Reichsleiter Bormann informs me, the Führer has decided, - after receipt of one of the reports made by you, that the 60,000 - Jews still residing in the Reichsgau Vienna will be deported - most rapidly”—that is, still during the war—“to the Government - General, because of the housing shortage prevalent in Vienna. I - have informed the Governor General in Kraków, as well as the - Reichsführer SS, about this decision of the Führer, and I - request you also to take cognizance of it.”—Signed—“Lammers.” - -As a last piece of illustrative evidence against this youngest member of -the defendants in the dock, I take something from his own lips, which -was published for all Vienna and, indeed, for all Germany and the world -to know, even at that time. It appears in the Vienna edition of the -_Völkischer Beobachter_, on the 15th of September 1942, Document -3048-PS, your document book, Page 106. It is already in evidence as -Exhibit USA-274. - -I would like to point out that these words were uttered before the -so-called European Youth League in Vienna in 1942. The Tribunal will -recall that Schirach was still Reich Leader for Youth Education in the -NSDAP at that time: - - “Every Jew who exerts influence in Europe is a danger to - European culture. If anyone reproaches me with having driven - from this city, which was once the European metropolis of Jewry, - tens of thousands upon tens of thousands of Jews into the ghetto - of the East, I feel myself compelled to reply, ‘I see in this an - action contributing to European culture.’” - -Although Schirach’s principal assistance to the conspiracy was made in -his commission of the German youth to the conspirators’ objectives, he -also stands guilty of heinous Crimes against Humanity as a Party and -governmental administrator of high standing, after the conspiracy had -reached its inevitable involvement in wars of aggression. - -This completes, Your Honors, the presentation on the individual -responsibility of the Defendant Schirach. - -The Prosecution will next take up the responsibility of the Defendant -Martin Bormann, and the presentation will be made by Lieutenant Lambert. - -DR. SAUTER: Mr. President, as to the various errors made in the case -against Schirach, I shall state my position when the Defense has its -turn. But I should like to take the opportunity now of pointing out an -error in translation in one of the documents. It is in Document 3352-PS. - -It is an order of the Reich Chancellery to the subordinate offices, and -this order mentions that the labor offices had to be at the disposal of -the Gauleiter under certain circumstances. In the German original of -this order it reads as follows: “Anregungen und Wünsche.” Now -“Anregungen und Wünsche,” that is. . . - -THE PRESIDENT: Which page of the document is it? - -DR. SAUTER: I think, Page 512 of Document 3352-PS, on Page 117 of the -document book. - -This German expression “Anregungen und Wünsche” has been translated by -“suggestions” (for “Anregungen”) and “demands” (for “Wünsche”). - -The first translation, the translation for “Anregungen,” we consider to -be correct; but the second translation, namely, “demands” for “Wünsche,” -we consider false, because, so far as we know, this word is “Befehle” or -“Forderungen” in German. We should consider it correct if the English -translation “demands” could be translated by another word, “wishes,” -which is an exact translation of the word “Wünsche.” I do not know -whether I have pronounced the word correctly in English. That is all I -have to say for the time being. Thank you very much. - -THE PRESIDENT (to Captain Sprecher): Do you wish to say anything about -that? - -CAPT. SPRECHER: I think that Dr. Sauter has made a very good point. I -have checked with the translator beside me, Your Honor, and the German -word “Wünsche” has been translated too strongly. - -THE PRESIDENT: Very well. - -LIEUTENANT THOMAS F. LAMBERT, JR. (Assistant Trial Counsel for the -United States): May it please the Tribunal, the Prosecution comes now to -deal with the Defendant Bormann and to present the proofs establishing -his responsibility for the crimes set forth in the Indictment. And, if -the Tribunal will allow, we should like to observe on the threshold that -because of the absence of the Defendant Bormann from the dock we believe -that we should make an extra effort to make a solid record in the case -against Bormann, out of fairness to Defense Counsel and for the -convenience of the Tribunal. - -I offer the document book supporting this trial address as U.S. Exhibit -JJ, together with the trial brief against the Defendant Bormann. - -The Defendant Bormann bears a major responsibility for promoting the -accession to power of the Nazi conspirators, the consolidation of their -total power over Germany, and the preparation for aggressive war set -forth in Count One of the Indictment. - -Upon the Record of this Trial the Nazi Party and its Leadership Corps -were the main vehicles of the conspiracy and the fountainhead of the -conspiracy. - -Now, following the flight of the Defendant Hess to Scotland in May 1941, -Bormann became executive chief of the Nazi Party. His official title was -Chief of the Party Chancellery. Before that date Bormann was chief of -staff to the Defendant Hess, the Deputy to the Führer. - -By virtue of these two powerful positions—Chief of the Party -Chancellery and Chief of Staff to the Deputy to the Führer—Bormann -stands revealed as a principal architect of the conspiracy. Subject -only—and we stress—subject only to the supreme authority of Hitler, -Bormann engineered and employed the vast powers of the Party, its -agencies, and formations, in furtherance of the Nazi conspiracy; and he -employed the Party to impose the will of the conspirators upon the -German people; and he then directed the powers of the Party in the drive -to dominate Europe. - -Accordingly, the Defendant Bormann is blameworthy for the multiple -crimes of the conspiracy, for the multiple crimes committed by the -Party, its agencies, and the German people, in furthering the -conspiracy. - -It might be helpful to give a very brief sketch of the career in -conspiracy of the Defendant Bormann. - -Bormann began his conspiratorial activities more than 20 years ago. In -1922, only 22 years of age, he joined the Organization Rossbach, one of -the illegal groups which continued the militaristic traditions of the -German Army and employed terror against the small struggling pacifist -minority in Germany. While he was district leader for this organization -in Mecklenburg, he was arrested and tried for his part in a political -assassination, which, we suggest, indicates his disposition to use -illegal methods to carry out purposes satisfactory to himself. On 15 May -1924 he was found guilty by the State Tribunal for the Protection of the -Republic and sentenced to 1 year in prison. - -Upon his release from prison in 1925 Bormann resumed his subversive -activities. He joined the militarist organization “Frontbann,” and in -the same year he joined the Nazi Party and began his ascent to a -prominent position in the conspiracy. In 1927 he became press chief for -the Party Gau of Thuringia. In other words, relating back to the case -against the Leadership Corps, he became an important staff officer of a -Gauleiter. On 1 April 1928 he was made District Leader (Bezirksleiter) -in Thuringia and business manager for the entire Gau. - -We come now to a particularly important point involving Bormann’s tie-up -with the SA. - -From 15 November 1928 to August 1930 he was on the staff of the Supreme -Command of the SA. - -Now the Tribunal has heard the demonstration of the criminality of the -SA and knows full well that this was a semi-military organization of -young men whose main mission was to get control of the streets and to -impose terror on oppositional elements of the conspiracy. - -Our submission at this stage is that, by virtue of Bormann’s position on -the staff of the Supreme Command of the SA, he shares responsibility for -the illegal activities of the SA in furtherance of the conspiracy. - -In August 1930 Bormann organized the Aid Fund (Hilfskasse) of the Nazi -Party, of which he became head. Through this fund he collected large -sums for the alleged purpose of aiding the families of Party members who -had been killed or injured while fighting for the Party. - -As the Tribunal knows, on 30 January 1933 the conspirators and their -Party took over the Government of Germany. Shortly thereafter, in July -1933, Bormann was given the number three position in the Party, that of -chief of staff to the Defendant Hess, the Deputy to the Führer. At the -same time he was made a Reichsleiter; and as the Tribunal knows, that -makes him a member of the top level of the alleged illegal organization, -the Leadership Corps of the Nazi Party. - -In November 1933 he was made a member of the Reichstag. - -I request the Tribunal to take judicial notice of the authoritative -German publication _The Greater German Reichstag_, edition of 1943. The -facts which I have recited in the foregoing sketch of Defendant -Bormann’s career are set forth on Page 167 of that publication, the -English translation of which appears in Document 2981-PS of the document -book now before the Tribunal. - -With respect to Bormann’s conviction for political murder, I offer in -evidence Document 3355-PS, Exhibit USA-682, which is the affidavit of -Dr. Robert M. W. Kempner, and I quote therefrom briefly as follows: - - “I, Robert M. W. Kempner, an expert consultant of the War - Department, appeared before the undersigned attesting officer - and, having been duly sworn, stated as follows: - - “In my capacity as Superior Government Counsellor and Chief - Legal Advisor of the pre-Hitler Prussian Police Administration, - I became officially acquainted with the criminal record of - Martin Bormann, identical with the Defendant Martin Bormann now - under indictment before the International Military Tribunal in - Nuremberg, Germany. - - “The official criminal record of Martin Bormann contained the - following entry: - - “Bormann, Martin, sentenced on May 15, 1924, by the State - Tribunal for the Protection of the Republic, in Leipzig, - Germany, to 1 year in prison, for having been an accomplice in - the commission of a political murder.”—Signed—“Robert M. W. - Kempner.”—End of quotation. - -THE PRESIDENT: Lieutenant Lambert, I don’t think it is necessary for -you, when dealing with a document of that sort, to read the formal -parts. If you state the nature of the document and read the material -part, you needn’t deal with the formal parts, for instance, “I, Robert -Kempner, an expert consultant,” and all that. Do you understand me? - -LT. LAMBERT: Thank you very much, Sir, for a very helpful suggestion. - -As Defendant Hess’ chief of staff, Bormann was responsible for receiving -and channelling up to the Defendant Hess the demands of the Party in all -fields of State action. These demands were then secured by the Defendant -Hess by virtue of his participation in the legislative process, his -power with respect to the appointment and promotion of government -officials, and by virtue of his position in the Reich Cabinet. - -I come now, as it seems to us, to an important point, which ties up the -Defendant Bormann with the SD and the Gestapo. As chief of staff of the -Defendant Hess, Bormann took measures to reinforce the grip of the -Gestapo and the SD over the German civil population. I request the -Tribunal to notice judicially a Bormann order of 14 February 1935, set -forth in the official publication _Decrees of the Deputy of the Führer_, -Edition 1937, Page 257. I quote merely the pertinent portions of that -decree, the English version of which is set forth in our Document -3237-PS, which reads as follows. That is our Document 3237-PS. - -THE PRESIDENT: If it is a document of which we can take judicial notice, -it is sufficient for you to summarize it without reading it. - -LT. LAMBERT: I appreciate that, Sir. This quotation is so succinct and -so brief that we perhaps could avoid summarization. - -THE PRESIDENT: Very well, go on. - - LT. LAMBERT: “The Deputy to the Führer expects that Party - offices will now abandon all distrust of the SD and will support - it wholeheartedly in the performance of the difficult tasks with - which it has been entrusted for the protection of the Movement - and our people. - - “Because the work of the SD is primarily to the benefit of the - work of the Party, it is inadmissable that its development be - upset by uncalled-for attacks when individuals fall short of - expectations. On the contrary, it must be wholeheartedly - assisted.”—Signed—“Bormann, Chief of Staff to the Deputy to - the Führer.” - -That is with respect to Bormann’s support of the SD. I deal now with -Bormann’s effort to support the work of the Gestapo. - -THE PRESIDENT: Lieutenant Lambert, wouldn’t it be sufficient to say that -document indicates the support Bormann promised to the SD? - -LT. LAMBERT: I was anxious merely on one point, Sir, that a document was -not in evidence unless it had been quoted. - -THE PRESIDENT: Well, you began by asking us to take judicial notice of -it. If we can take judicial notice of it, it need not be quoted. - -LT. LAMBERT: Then, with respect to Bormann’s efforts to reinforce the -grip of the Gestapo, I request the Tribunal to notice judicially a -Bormann order of 3 September 1935, calling on Party agencies to report -to the Gestapo all persons who criticize Nazi institutions or the Nazi -Party. This decree appears in the official Party publication _Decrees of -the Deputy of the Führer_, 1937, at Page 190. The English translation is -set forth in our Document 3239-PS. I shall summarize the effect of this -document shortly. In its first paragraph it refers to a law of 20 -December 1934. As the Tribunal will recall, this law gave the same -protection to Party institutions and Party uniforms as enjoyed by the -State; and in the first and second paragraphs of this decree it is -indicated that whenever a case came up involving malicious or slanderous -attack on Party members or the Nazi Party or its institutions, the Reich -Minister of Justice would consult with the Deputy of the Führer in order -to take joint action against the offenders. Then, in the third -paragraph, Bormann gives his orders to all Party agencies with respect -to reporting to the Gestapo individuals who criticized the Nazi Party or -its institutions. I quote merely the last paragraph. - -THE PRESIDENT: Well, I took down what you said in your first sentence, -which was that the document showed that he was ordering that a report -should be made to the Gestapo on anyone criticizing the Party. Well, -that is sufficient, it seems to me, and all that you said after is -cumulative. - -LT. LAMBERT: There is, however, one brief point, if I may be permitted, -which I should like to emphasize, about the last paragraph, because I -think it is helpful to the Prosecution’s case against the Leadership -Corps of the Nazi Party. - -The Tribunal will recall that it asked certain very material questions -with respect to whether the Prosecution’s evidence involved the rank and -file of the Leadership Corps. In the last paragraph of this decree -Bormann instructs the Ortsgruppenleiter—now that is way down in the -Leadership Corps hierarchy under Kreisleiter and Gauleiter—to report to -the Gestapo persons who criticize Nazi Party institutions. - -Now, an important point with respect to the tie-up between Bormann and -the SS. The Tribunal has already received the evidence establishing the -criminality of the SS. In this connection, I respectfully request the -Tribunal to notice judicially the July 1940 issue of _Das Archiv_, our -Document 3234-PS. On Page 399 of that publication, under date 21 July -1940, it is stated that the Führer promoted Defendant Bormann from major -general to lieutenant general in the SS. Accordingly, we respectfully -submit that Bormann is chargeable and jointly responsible for the -criminal activities of the SS. - -After the flight of the Defendant Hess to Scotland in May 1941, the -Defendant Bormann succeeded him as head of the Nazi Party under Hitler, -with the title Chief of the Party Chancellery. I request the Tribunal to -take judicial notice of a decree of 24 January 1942, 1942 -_Reichsgesetzblatt_, Part I, Page 35. In our conception this is an -extremely important decree, because by virtue of it the participation of -the Party in all legislation and in government appointments and -promotions had to be undertaken exclusively by Bormann. He was to take -part in the preparation—and we emphasize that—as well as the enactment -and promulgation of all Reich laws and enactments; and further, he had -to give his assent to all enactments of the Reich Länder—that is, the -states—as well as all decrees of the Reich governors. All -communications between state and Party officials had to pass through his -hands. And, as a result of this law, we respectfully submit, Bormann is -chargeable for every enactment issued in Germany after 24 January 1942 -which facilitates and furthers the conspiracy. - -It will be helpful, I believe, to point out and to request the Court to -take judicial notice of a decree of 29 May 1941, 1941 -_Reichsgesetzblatt_, Part I, Page 295 (Document 2099-PS); in this decree -Hitler ordered that Bormann should take over all powers and all offices -formerly held by the Defendant Hess. I request the Tribunal to take -judicial notice of another very important decree, that of the -Ministerial Council for Defense of the Reich, 16 November 1942 . . . - -THE PRESIDENT: Are these documents set out in the document book? - -LT. LAMBERT: Yes, Sir. - -THE PRESIDENT: You haven’t given us the reference. - -LT. LAMBERT: That is true, Sir. I recall from memory, although I do not -have it in my manuscript, that document, that important decree of 24 -January 1942, is our Document, I believe, 2100-PS. - -I now request the Tribunal to take judicial notice of the important -decree of the Ministerial Council for Defense of the Reich, dated 16 -November 1942, 1942 _Reichsgesetzblatt_, Part I, Page 649 (Document -JN-5). Under this decree all Gauleiter, who were under Bormann by virtue -of his position as Chief of the Party Chancellery, were appointed Reich -defense commissars and charged with the co-ordination, supervision, and -management of the aggressive Nazi war effort. - -From then on the Party, under Bormann, became the decisive force in -planning and conducting the aggressive Nazi war economy. - -On 12 April 1943, as is shown in the publication _The Greater German -Reichstag_, 1943 edition, Page 167, our Document 2981-PS, Bormann was -appointed Secretary of the Führer, and we submit that this fact -testifies to the intimacy and influence of the Defendant Bormann with -the Führer and enlarges his role in, and responsibility for, the -conspiracy. - -We now come to the important point of Bormann’s executive responsibility -for the acts of the Volkssturm. I request the Tribunal to notice -judicially a Führer order of 18 October 1944, which was published in the -official _Völkischer Beobachter_, 20 October 1944 edition, in which -Hitler appointed Bormann political and organizational leader of the -Volkssturm. This is set forth in our Document 3018-PS. In this decree -Himmler is made the military leader of the Volkssturm, but the -organizational and political leadership is entrusted to Bormann. The -Tribunal will know that the Volkssturm was an organization consisting of -all German males between 16 and 60. By virtue of his leadership of the -Volkssturm Bormann was instrumental in needlessly prolonging the war, -with a consequential destruction of the German and the European economy -and a loss of life and destruction of property. - -We come now to deal with the responsibility of the Defendant Bormann -with respect to persecution of the Church. The Defendant Bormann -authorized, directed, and participated in measures involving the -persecution of the Christian Church. The Tribunal, of course, has heard -much in this proceeding concerning the acts of the conspiracy involving -the persecution of the Church. We have no desire now to rehash that -evidence. We are interested in one thing alone, and that is nailing on -the Defendant Bormann his responsibility, his personal, individual -responsibility, for the persecution of the Church. - -I shall now present the proofs showing the responsibility of Bormann -with respect to such persecution of the Christian churches. - -Bormann was among the most relentless enemies of the Christian Church -and Christian clergy in Germany and in German-occupied Europe. I refer -the Tribunal, without quoting therefrom, to Document D-75, previously -introduced in evidence as Exhibit Number USA-348, which contains a copy -of the secret Bormann decree of 6 June 1941 entitled “The Relationship -of National Socialism to Christianity.” In this decree, as the Tribunal -will well recall, Bormann bluntly declared that National Socialism and -Christianity were incompatible, and he indicated that the ultimate aim -of the conspirators was to assure the elimination of Christianity -itself. - -I next refer the Tribunal, without quotation, to Document 098-PS, -previously put in as Exhibit Number USA-350. This is a letter from the -Defendant Bormann to the Defendant Rosenberg, dated 22 February 1940, in -which Bormann reaffirms the incompatibility of Christianity and National -Socialism. - -Now, in furtherance of the conspirators’ aim to undermine the Christian -churches, Bormann took measures to eliminate the influence of the -Christian Church from within the Nazi Party and its formations. I now -offer in evidence Document 113-PS, as Exhibit USA-683. This is an order -of the Defendant Bormann, dated 27 July 1938, issued as chief of staff -to the Deputy of the Führer, Hess, which prohibits clergymen from -holding Party offices. I shall not take the time of the Tribunal to -spread this quotation upon the Record. The point of it is, as indicated, -that Bormann issued an order forbidding the appointment of clergymen to -Party positions. - -THE PRESIDENT: Perhaps this would be a good time to break off for 10 -minutes. - - [_A recess was taken._] - -LT. LAMBERT: May it please the Tribunal, we are dealing with the efforts -of the Defendant Bormann to expel and exorcise from the Party all church -and religious influence. - -I offer in evidence Document 838-PS, as Exhibit USA-684. I shall not -burden the Record with extensive quotation from this exhibit, but merely -point out that this is a copy of a Bormann decree dated 3 June 1939, -which laid it down that followers of Christian Science should be -excluded from the Party. - -The attention of the Tribunal is next invited to Document 840-PS, -previously introduced in evidence as Exhibit USA-355. The Tribunal will -recall that this was a Bormann decree of 14 July 1939, referring with -approval to an earlier Bormann decree of 9 February 1937 in which the -Defendant Bormann ruled that in the future all Party members who entered -the clergy or who undertook the study of theology were to be expelled -from the Party. - -I next offer in evidence Document 107-PS, Exhibit USA-351. This is a -circular directive of the Defendant Bormann, dated 17 June 1938, -addressed to all Reichsleiter and Gauleiter—top leaders of the -Leadership Corps of the Nazi Party—transmitting a copy of directions -relating to the non-participation of the Reich Labor Service in -religious celebrations. The Reich Labor Service, the Tribunal will -recall, compulsorily incorporated all Germans within its organization. - -DR. FRIEDRICH BERGOLD (Counsel for Defendant Bormann): The member of the -Prosecution has just submitted a number of documents, in which he proves -that, on the suggestion of Bormann, members of the Christian religion -were to be excluded from the Party or from certain organizations. I beg -the High Tribunal to allow the member of the Prosecution to explain to -me how and why this activity, that is, the exclusion of Christians from -the Party, can be a War Crime. I cannot gather this evidence from the -trial brief. The Party is described as criminal—as a conspiracy. Is it -a crime to exclude certain people from membership in a criminal -conspiracy? Is that considered a crime? How and why is the exclusion of -certain members from the Party a crime? - -THE PRESIDENT: Counsel will answer you. - -LT. LAMBERT: If the Tribunal will willingly accommodate argument at this -stage, we find that the question. . . - -THE PRESIDENT: Only short argument. - -LT. LAMBERT: Yes, Sir. . . . admits of a short, and, as it seems to us, -an easy answer. - -The point we are now trying to prove—and evidence is abounding on -it—is that Bormann had a hatred and an enmity and took oppositional -measures towards the Christian Church. The Party was the repository of -political power in Germany. To have power one had to be in the Party or -subject to its favor. By his efforts, concerted, continuing, and -consistent, to exclude clergymen, theological students, or any persons -sympathetic to the Christian religion, Bormann could not have chosen a -clearer method of showing and demonstrating his hatred and his distrust -of the Christian religion and those who supported it. - -THE PRESIDENT: Counsel for Bormann can present his argument upon this -subject at a later stage. The documents appear to the Tribunal to be -relevant. - -LT. LAMBERT: With the Tribunal’s permission, I had just put in Document -107-PS and pointed out that it transmitted directions relating to the -non-participation of the Reich Labor Service in religious celebrations. -I quote merely the fourth and fifth paragraphs of Page 1 of the English -translation of Document 107-PS, which reads as follows: - - “All religious discussion is forbidden in the Reich Labor - Service because it disturbs the comrade-like union of all - working men and women. - - “For this reason also any participation of the Reich Labor - Service in church, that is, confessional, services and - celebrations is impossible.” - -The attention of the Tribunal is next invited to Document 070-PS, -previously put in as Exhibit USA-349. The Tribunal will recall that this -was a letter from Bormann’s office to the Defendant Rosenberg, dated 25 -April 1941, in which Bormann declared that he had achieved progressive -success in reducing and abolishing religious services in schools and in -replacing Christian prayers with National Socialist mottoes and rituals. -In this letter Bormann also proposed a Nazified morning service in the -schools in place of the existing confession and morning service. - -In his concerted efforts to undermine and subvert the Christian -churches, Bormann authorized, directed, and participated in measures -leading to the closing, reduction, and suppression of theological -schools, faculties, and institutions. The attention of the Tribunal is -invited to Document 116-PS, Exhibit Number USA-685, which I offer in -evidence. This is a letter from the Defendant Bormann to the Defendant -Rosenberg, dated 24 January 1939, enclosing for Rosenberg’s cognizance a -copy of Bormann’s letter to the Reich Minister for Science, Education, -and Popular Culture. In the enclosed letter Bormann informs the Minister -as to the Party’s position in favor of restricting and suppressing -theological faculties. Bormann states that, owing to war conditions, it -had become necessary to reorganize the German high schools and, in view -of this situation, he requested the Minister to restrict and suppress -certain theological faculties. - -I now quote from the first paragraph on Page 3 of the English -translation of Document 116-PS, which reads as follows: - - “I therefore should like to see you put the theological - faculties under substantial limitations, where, for the above - reasons, they cannot be entirely eliminated. This will apply not - only to the theological faculties at universities but also to - the various state institutions which, as seminaries having no - affiliation with any university, still exist in many places. - - “I request that no express explanations be given to churches or - other institutions and that public announcement of these - measures be avoided. Complaints and the like are to be answered - if at all, with the explanation that these measures are carried - out in the course of planned economy and that the same is - happening to other faculties. - - “I would be glad if the professorial chairs thus made vacant - could then be turned over especially to those fields of research - newly created in recent years, such as racial research, - archeology, _et cetera_, Martin Bormann.” - -In our submission, what this document comes to is a request from Bormann -to this effect: Please close down the religious faculties and substitute -in their place Nazi faculties and university chairs with the mission of -investigating racism, cultism, Nazi archeology. This sort of thing was -done in the Hohe Schule, as was so clearly demonstrated in the -Prosecution’s case against the plundering activities of the Einsatzstab -Rosenberg. - -The attention of the Tribunal is next invited to Document 122-PS, -previously put in as Exhibit Number USA-362. The Tribunal will recall -that 122-PS is a letter from the Defendant Bormann to the Defendant -Rosenberg, dated 17 April 1939, transmitting to Rosenberg a photostatic -copy of the plan of the Reich Minister of Science, Education, and -Popular Culture for the combining and dissolving of certain specified -theological faculties. In his letter of transmittal Bormann requested -Rosenberg to take “cognizance and prompt action” with respect to the -proposed suppression of religious institutions. - -I next offer in evidence Document 123-PS, Exhibit USA-686. This is a -confidential letter from the Defendant Bormann to the Minister of -Education, dated 23 June 1939, in which Bormann sets forth the Party’s -decision to order the suppression of numerous theological faculties and -religious institutions. The Tribunal will note that the letter lists 19 -separate religious institutions with respect to which Bormann ordered -dissolution or restriction. - -After directing the action to be taken by the Minister in connection -with the various theological faculties, Bormann stated as follows—and I -quote from the next to last paragraph of Page 3 of the English -translation of Document 123-PS: - - “In the above I have informed you of the Party’s wishes, after - thorough investigation of the matter with all Party offices. I - should be grateful if you would initiate the necessary measures - as quickly as possible. With regard to the great political - significance which every single case of such a consolidation - will have for the Gau concerned, I ask you to take these - measures and particularly to fix dates for them always in - agreement with me.” - -I next offer in evidence, without quotation, Document 131-PS as Exhibit -USA-687. In summary, without quotation therefrom, this is a letter from -the Defendant Bormann to the Defendant Rosenberg, dated 12 December -1939, relating to the suppression of seven professorships in the near-by -University of Munich. - -Now I deal briefly with the responsibility of Bormann for the -confiscation of religious property and cultural property. Bormann used -his paramount power and position to cause the confiscation of religious -property and to subject the Christian churches and clergy to a -discriminatory legal regime. - -I offer in evidence Document 099-PS, Exhibit USA-688. This is a copy of -a letter from Bormann to the Reich Minister for Finance, dated 19 -January 1940, in which Bormann demanded a great increase in the special -war tax imposed on the churches. I quote from the first two paragraphs -of Page 2 of the English translation of Document 099-PS, which read as -follows: - - “As it has been reported to me, the war contribution of the - churches for the 3-month period beginning 1 November 1939 has - been tentatively set at RM 1,800,000 per month, of which RM 1 - million are to be paid by the Protestant Church, and RM 800,000 - by the Catholic Church. - - “The fixing of such a low amount has surprised me. I see from - numerous reports that political communities are obliged to raise - such a large war contribution that the performance of their - tasks—some of them very important; for example, in the field of - public welfare—is endangered. In view of this, a higher quota - also from the churches appears to me to be absolutely - justified.” - -The question may arise: Of what criminal effect is it to demand larger -taxes from church institutions? As to this demand of Bormann’s taken by -itself, the Prosecution would not suggest that it had criminal effect, -but when viewed within the larger frame of Bormann’s demonstrated -hostility to the Christian Church and his efforts not merely to -circumscribe but to eliminate it, we suggest that this document has -probative value in showing Bormann’s hostility and his concrete measures -to effectuate that hostility against the Christian churches and clergy. - -I next refer the Tribunal to Document 089-PS, previously put in as -Exhibit Number USA-360. The Tribunal will recall that this was a letter -from Bormann to Reichsleiter Amann, dated 8 March 1940, in which Bormann -instructed Amann, Reichsleiter of the Press, to make a sharper -restriction in paper distribution against religious writings in favor of -publications more acceptable to the Nazi ideology. - -I next offer in evidence Document 066-PS, as Exhibit USA-689. This is a -letter from the Defendant Bormann to the Defendant Rosenberg, dated 24 -June 1940, transmitting a draft of a proposed discriminatory church law -for Danzig and West Prussia. This decree is a direct abridgment of -religious freedom, for in Paragraph 1—I do not quote, but briefly and -rapidly summarize—the approval of the Reich deputy for Danzig and West -Prussia is required as a condition for the legal competence of all -religious organizations. - -Paragraph 3 of the decree suspended all claims of religious -organizations and congregations to state or municipal subsidies and -prohibited religious organizations from exercising their right of -collecting dues without the approval of the Reich deputy. - -In Paragraph 5 of the decree the acquisition of property by religious -organizations was made subject to the approval of the Reich deputy. All -credit rights acquired by religious organizations prior to 1 January -1940 were required to be ratified by the Reich Deputy in order to become -actionable. - -I now offer in evidence Document 1600-PS, Exhibit USA-690. This -comprises correspondence of Bormann during 1940 and 1941 relating to the -confiscation of religious art treasures. I quote the text of the second -letter set forth on Page 1 of the English translation of Document -1600-PS, which is a letter from the Defendant Bormann to Dr. Posse of -the State Picture Gallery in Dresden, dated 16 January 1941, which reads -as follows, and I quote: - - “Dear Dr. Posse: - - “Enclosed herewith I am sending you the pictures of the altar - from the convent in Hohenfurth near Krumau. The convent and its - entire property will be confiscated in the immediate future - because of the subversive attitude of its inmates toward the - State. - - “It would be up to you to decide whether the pictures are to - remain in the convent at Hohenfurth or are to be transferred to - the museum at Linz after its completion. - - “I shall await your opinion in the matter. Bormann.” - -The Tribunal may know that, in what is described as Hitler’s last will -and testament, he makes a bequest of all the art treasures he had in the -museum at Linz, and from a legal point of view he uses the euphemism -“art treasures which I have bought.” This document, on its face, -suggests how at least certain of the properties, the art treasures in -the museum at Linz, were acquired. - -Finally, as the war drew increasing numbers of German youth into the -Armed Forces, the Defendant Bormann took measures to exclude and -exorcise all religious influence from the troops. The attention of the -Tribunal is invited to Document 101-PS, previously put in as Exhibit -Number USA-361. The Tribunal will recall that this is a letter from the -Defendant Bormann, dated 17 January 1940, in which Bormann pronounced -the Party’s opposition to the circulation of religious literature to the -members of the German Armed Forces. In this letter Bormann stated that -if the influence of the church upon the troops was to be effectively -fought, this could only be done by producing, in the shortest possible -time, a large amount of Nazi pamphlets and publications. - -I now offer in evidence Document 100-PS, as Exhibit Number USA-691. This -is a letter from the Defendant Bormann to Rosenberg, dated 18 January -1940, in which Bormann declares that the publication of Nazi literature -for army recruits as a counter measure to the circulation of religious -writings was the “most essential demand of the hour.” - -I forbear quoting from that document. Its substance is indicated. - -I now request the Tribunal to notice judicially the authoritative Nazi -publication entitled _Decrees of the Deputy of the Führer_, edition of -1937; and I quote from Page 235 of this volume the pertinent and -important decree issued by the Defendant Bormann to the Commissioner of -the Party Directorate, dated 7 January 1936, the English version of -which is set forth in the English translation of our Document 3246-PS. -In this one sentence Bormann aims and directs the terror of the Gestapo -against dissident church members who crossed the conspirators, and I -quote: - - “If parish priests or other subordinate Roman Catholic leaders - adopt an attitude of hostility toward the State or Party, it - shall be reported to the Secret State Police”—Gestapo—“through - official channels.”—Signed—“Bormann.” - -By leave of the Tribunal, I come now to deal with the responsibility of -the Defendant Bormann for the persecution of the Jews. - -Again, the Prosecution seeks not to rehash the copious evidence in the -Record on the persecution of the Jews but rather to limit itself to -evidence fastening on the Defendant Bormann his individual -responsibility for the persecution of the Jews. Bormann shares the deep -guilt of the Nazi conspirators for their odious program in the -persecution of the Jews. It was the Defendant Bormann, we would note, -who was charged by Hitler with the transmission and implementation of -the Führer’s orders for the liquidation of the so-called Jewish problem. - -Following the Party-planned and Party-directed program of 8 and 9 -November 1938, in the course of which a large number of Jews were killed -and harmed, Jewish shops pillaged and wrecked, and synagogues set ablaze -all over the Reich, the Defendant Bormann, on orders from Hitler, -instructed the Defendant Göring to proceed to the “final settlement of -the Jewish question” in Germany. - -The attention of the Tribunal is invited to Document 1816-PS, previously -put in as Exhibit USA-261. The Tribunal is well acquainted with this -document. It has frequently been referred to. The Tribunal knows that -Document 1816-PS is the minutes of a conference on the Jewish question, -held under the direction of Göring on the 12th of November 1938. 1 quote -only the first sentence of Document 1816-PS, which fastens the -responsibility upon Bormann and which reads as follows: - - “Göring: ‘Gentlemen, today’s meeting is of a decisive nature. I - have received a letter written on the Führer’s orders by the - Chief of Staff of the Führer’s Deputy, Bormann, requesting that - the Jewish question be now, once and for all, co-ordinated and - solved in one way or another.’” - -The Tribunal is well aware of the proposals, the discussions, and the -actions taken in this conference that constituted the so-called -“settlement of the Jewish question.” - -As a result of this conference a series of anti-Jewish decrees and -measures were issued and adopted by the Nazi conspirators. I offer in -evidence Document 069-PS, Exhibit USA-589. This is a decree of Bormann, -dated 17 January 1939, in which Bormann demands compliance with the new -anti-Jewish regulations stemming and flowing from the Göring conference -just referred to, under which Jews were denied access to housing, -travel, and other facilities of ordinary life. I quote the Bormann -order, which appears at Page 1 of the English translation of Document -069-PS, which reads as follows: - - “According to a report of General Field Marshal Göring, the - Führer has made some basic decisions regarding the Jewish - question. The decisions are brought to your attention in the - enclosure. Strict compliance with these directives is - requested.”—Signed—“Bormann.” - -In the interests of expediting the proceedings, I shall resist the -temptation to quote extensively from the enclosed order in Bormann’s -letter of transmittal. In effect, the crux of it is that Jews are denied -sleeping compartments in trains, the right to give their trade to -certain hotels in Berlin, Munich, Nuremberg, Augsburg, and the like. -They are banned and excluded from swimming pools, certain public -squares, resort towns, mineral baths, and the like. The stigma, the -degradation, and the inconvenience in the ordinary affairs of life -promoted by this decree are plain. - -I next request the Tribunal to notice judicially the decree of 12 -November 1938, 1938 _Reichsgesetzblatt_, Part I, Page 1580 (Document -JN-6), quite familiar to this Tribunal, for it was the decree which -excluded Jews from economic life. This decree forbade Jews to operate -retail shops, and it was a decree which went far to eliminate Jews from -economic life. - -Now Bormann also acted through other state agencies to wipe out the -economic existence of large sections of the Jewish population. In that -respect I request the Tribunal to notice judicially the authoritative -Nazi publication entitled _Decrees of the Deputy of the Führer_, edition -of 1937, our Document 3240-PS. At Page 383 of this publication there -appears a decree of the Defendant Bormann, dated 8 January 1937, -reproducing an order of the Defendant Frick, issued at Bormann’s -instigation, denying financial assistance to government employees who -employed the services of Jewish doctors, lawyers, pharmacists, -morticians, and other professional classes. I shall forbear from quoting -the text of that decree. Its substance is as given. - -If it please the Tribunal, for the benefit of the translators I shall -continue reading from Page 25 of the manuscript. - -After the outbreak of war the anti-Jewish measures increased in -intensity and brutality. Thus, the Defendant Bormann participated in the -arrangements for the deportation to Poland of 60,000 Jewish inhabitants -of Vienna, in co-operation with the SS and the Gestapo. I have no doubt -that the Tribunal received this document in connection with the case -against Von Schirach; it is our Document 1950-PS, and on its face it -points out, and Lammers says: Bormann has informed Von Schirach of your -proposal to bring about the deportations. I limit myself to pointing out -that single, solitary fact. - -When Bormann succeeded the Defendant Hess as Chief of the Party -Chancellery, he used his vast powers in such a way that he was a prime -mover in the program of starvation, degradation, spoliation, and -extermination of the Jews—and we use those terms advisedly—subject to -the Draconian rule of the conspirators. - -I request the Tribunal to notice judicially the decree of 31 May 1941, -1941 _Reichsgesetzblatt_, Part I, Page 297, which was signed by the -Defendant Bormann and which extends the discriminatory Nuremberg laws -into the annexed Eastern territories. I request the Tribunal to notice -judicially the 11th ordinance under the Reich citizenship law of 25 -November 1941, 1941 _Reichsgesetzblatt_, Part I, Page 722, signed by -Defendant Bormann, which ordered the confiscation of the property of all -Jews who had left Germany or who had been deported. - -I request the Tribunal to notice judicially an order of Bormann’s dated -23 October 1941. . . - -THE PRESIDENT: You have not given us the PS numbers of either the decree -of 31 of May 1941 or the one after that. - -LT. LAMBERT: I confess dereliction of duty there. These decrees, in -translated form, are all in the document book. I do not have, in my -manuscript, their PS citation. However, in the brief now filed with or -soon to be delivered to the Tribunal, these decrees are given with their -PS numbers opposite. - -THE PRESIDENT: 3354-PS and 3241-PS. - -LT. LAMBERT: That is very good of you, Sir. Thank you. - -I request the Tribunal to notice judicially an order of the Defendant -Bormann, dated 23 October 1942, Volume II of the publication _Decrees, -Regulations, Announcements_, Page 147. This is our document, I rejoice -to be able to say, 3243-PS, which announces a Ministry of Food decree, -issued at Bormann’s instigation, which deprived Jews of many essential -food items, all special sickness and pregnancy rations for expectant -mothers and ordered confiscation of food parcels sent to the beleaguered -Jews from the sympathetic outside world. - -I now request the Tribunal to notice judicially the 13th ordinance under -the Reich citizenship law of 1 July 1943, 1943 _Reichsgesetzblatt_, Part -I, Page 372, signed by the Defendant Bormann, under which all Jews were -completely withdrawn from the protection of the ordinary courts and -handed over to the exclusive jurisdiction of Himmler’s police. This is -our Document 1422-PS. - -With leave of the Tribunal, we respectfully request the opportunity to -underline the significance of that decree. In a society which desires to -live under the rule of law, men are judged only after appearance before, -and adjudication by, a court of law. The effect of this decree was to -remove all alleged Jewish offenders from the jurisdiction of the courts -of law and to turn them over to the police. The police were to have -jurisdiction over alleged Jewish offenders, not the tribunal of law. - -The result of this law was soon forthcoming, a result for which the -Defendant Bormann shares the responsibility. On July 3, 1943, Himmler -issued a decree, our Document 3085-PS, 1943 _Ministry of Interior -Gazette_, Page 1085. I respectfully request the Tribunal to take -judicial notice of this decree, which charged the Himmler police and -Gestapo with the execution of the foregoing ordinance closing the courts -to the Jews and entrusting them to Himmler’s police. - -Finally, with respect to Bormann’s responsibility for the persecution of -the Jews, I request the Tribunal to notice judicially a decree of -Bormann’s, dated 9 October 1942, Volume II, _Decrees, Regulations, -Announcements_, Pages 131, 132. It declared that the problem of -eliminating forever millions of Jews from Greater German territory could -no longer be solved by emigration merely, but only by the application of -ruthless force in special camps in the East. - -THE TRIBUNAL (Mr. Biddle): What are you referring to there? - -LT. LAMBERT: That, Sir, is Document 3244-PS. - -We had desired at the outset, Sir, to quote this decree in full as an -irrefutable answer to a question put by Defense Counsel some days ago in -cross-examination, as to whether or not anti-Semitic policies of the -conspirators were the policies merely of certain demented or deviational -members of the conspiracy and not the concerted, settled policy of the -conspiracy itself. Time does not permit the full quotation of this -decree, but with the indulgence of the Tribunal, if I may offer the -essence of this decree in a brief sentence or two. - -Bormann starts out in this decree by saying: Recently rumors have been -stimulated throughout the Reich as to “‘violent things’ we are doing -with respect to the Jews.” These rumors are being brought back to the -Reich by our returning soldiers who have eye-witnessed them in the East. -If we are to combat the effect of these rumors, then our attitude, as I -now outline it to you officially, must be communicated to the German -civil population. Bormann then reviews what he terms “the -two-thousand-year-old struggle against Judaism,” and he divides the -Party’s program into two spheres: the first, the effort of the Party and -the conspirators to excommunicate and expel the Jews from the economic -and social life of Germany. Then he adds: When we started rolling with -our war, this measure by itself was not enough; we had to resort to -forced emigration and set up our camps in the East. He then goes on to -say that: As our armies have advanced in the East, we have overrun the -lands to which we have sent the Jews, and now these emigration measures, -our second proposal, are no longer sufficient. - -Then he comes to the proposal, the considered proposal of himself and -the Party Chancellery: We must transport these Jews eastward and farther -eastward and place them in special camps for forced labor. I quote now -merely the last sentence of Bormann’s decree: - - “It lies in the very nature of the matter that these problems, - which in part are very difficult, can be solved only with - ruthless severity in the interest of the final security of our - people.”—Bormann. - -With leave of the Tribunal, I come now to deal. . . - -THE PRESIDENT: Is it signed by Bormann? It does not appear to be. I -thought you said, “Bormann.” - -LT. LAMBERT: That is what I said, true, Sir. - -If the Tribunal will refer, as it has, to Document 3244-PS, it is clear -that this is a Bormann decree, issued from the Office of the Deputy to -the Führer. It is true in this translation of the decree, Sir, Bormann’s -name is not affixed; but in the original volume it is very clear that -this is a decree of Bormann’s, issued from the Party Chancellery. The -Prosecution so assures the Tribunal and accepts responsibility for that -submission. - -With leave of the Tribunal, I now come to deal with the responsibility -of the Defendant Bormann for overt acts, for the commission and planning -of a wide variety of crimes in furtherance of the conspiracy. The -Tribunal knows the vast powers that Bormann possessed; that has already -been put in evidence. Our point is that he used these vast powers, -buttressed by his position as secretary to the Führer attending all the -conferences at the Führer’s headquarters, in the planning, the -authorization, and the participation in overt acts denominated War -Crimes and Crimes against Humanity. - -The attention of the Tribunal is invited to Document L-221, previously -put in as Exhibit USA-317. The Tribunal knows that this document is a -comprehensive report, dated 16 July 1941, made by the Defendant Bormann -just 3 weeks after the invasion of the territory of the Soviet Union by -Germany. It is a report of a 20-hour conference at Hitler’s field -headquarters with the Defendants Göring, Rosenberg, Keitel, and with -Reich Minister Lammers. This conference resulted in the adoption of -detailed plans and directives for the enslavement, depopulation, -Germanization, and annexation of extensive territories in the Soviet -Union and other countries of eastern Europe. - -In his report on this conference, set forth in Document L-221, Bormann -included numerous proposals of his own for the execution of these plans. - -Later the Defendant Bormann took a prominent part in implementing the -conspiratorial program. The attention of the Tribunal is invited to -Document 072-PS, previously put in as Exhibit USA-357. The Tribunal will -recall that this is a letter from the Defendant Bormann to the Defendant -Rosenberg, dated 19 April 1941, dealing with the confiscation of -cultural property in the East. I quote merely the last two paragraphs of -the English translation of Document 072-PS, which reads as follows: - - “The Führer emphasized that in the Balkans the use of your - experts”—I parenthetically insert that that is the experts of - the Einsatzstab Rosenberg organization, the plundering - organization—“the use of your experts would not be necessary, - since there were no art objects to be confiscated. In Belgrade, - only the collection of Prince Paul existed, which would be - returned to him completely. The remaining material of the - lodges, _et cetera_, would be seized by the men of SS - Gruppenführer Heydrich. - - “The libraries and art objects of the monasteries confiscated in - the Reich were to remain for the time being in these - monasteries, insofar as the Gauleiter had not determined - otherwise. After the war, a careful examination of the stock - could be undertaken. Under no circumstances, however, should a - centralization of all the libraries be undertaken - . . . .”—Signed—“Bormann.” - -I now offer in evidence Document 061-PS, Exhibit USA-692. This is a -secret letter from Bormann, dated 11 January 1944, in which Bormann -discloses—and we stress this, very important as it seems to us—the -existence of large-scale operations to drain off commodities from -German-occupied Europe for delivery to the bombed-out population in -Germany. The Tribunal knows that the Hague Regulations and the laws of -war permit the requisitioning of goods and services only for the use of -the Army of Occupation and for the needs of the administration of the -area. This proposal and this action represent the requisitioning of -materials in occupied areas for the use of the folk at home—of the home -front. - -I now quote the first two paragraphs of the English -translation—Bormann’s letter of 11 January 1944, set forth in the -English translation of our Document 061-PS, which reads as follows: - - “Since the supply of textiles and household goods for the bombed - population is becoming increasingly difficult, the proposition - was made repeatedly to effect purchases in the occupied - territories in greater proportions. Various Gauleiter proposed - to let these purchases be handled by suitable private merchants - who know these districts and have corresponding connections. - - “I have brought these proposals to the attention of the Reich - Minister of Economics and am quoting his reply of 16 December - 1943 on account of its fundamental importance: - - “‘I consider it an especially important task to make use of the - economic power of the occupied territories for the Reich. You - are aware of the fact that, since the occupation of the Western - territories, the buying out of these countries has been effected - to the greatest extent possible. Raw materials, semi-finished - products, and stocks in finished goods have been rolling into - Germany for months; valuable machines were sent to our armaments - industry. Everything was done at that time to increase our - armament potentialities. Later on, the shipments of these - important economic goods were replaced by the so-called transfer - of orders from industry to industry.’” - -I shall end the quotation there. The rest is not material to the point. - -In the course of the war—and this is of utmost importance in the view -of the Prosecution. . . - -THE PRESIDENT: Is it clear that that was confiscation? - -LT. LAMBERT: It was not suggested, Sir, that this was confiscation. Our -point was that the Hague regulations allow requisitions in return for -payment only for the needs of the army of occupation and for the needs -of administration of the occupied area. This represents, as it seems to -us, a requisitioning program for the needs of the home front. It is on -that point that we offer it. - -We come now to what the Prosecution considers a most important point -against the Defendant Bormann. In the course of the war Bormann issued a -series of orders establishing Party jurisdiction over the treatment of -prisoners of war, especially when employed as forced labor. - -The Tribunal knows that, under the Geneva Convention of 1929 relating to -prisoners of war, prisoners of war are the captives, not of the troops -who take them or even of the army which captures them, but of the -capturing power; and it is the capturing power which has jurisdiction -over and responsibility for them. - -By the series of decrees now to be put in, Bormann asserts and -establishes Nazi Party jurisdiction over Allied prisoners of war. In the -exercise of that Party jurisdiction he called for excessively harsh and -brutal treatment of Allied prisoners of war. - -I now offer in evidence Document 232-PS as Exhibit USA-693. This is a -decree of the Defendant Bormann, dated 13 September 1944, -addressed—will the Tribunal please note—to all Reichsleiter, -Gauleiter, and Kreisleiter, and leaders of the Nazi affiliated -organizations—numerous levels, that is, of the Leadership Corps of the -Nazi Party—a decree establishing Nazi Party jurisdiction over the use -of prisoners of war for forced labor. - -I quote the first three paragraphs of Bormann’s order, set forth on Page -1 of the English translation of Document 232-PS, which reads as follows: - - “The regulations valid until now on the treatment of prisoners - of war and the tasks of the guard units are no longer justified - in view of the demands of the total war effort.” - -The Prosecution would intrude to ask the question: Since when do the -exigencies of the war effort repeal or modify the provisions of -international law? - - “Therefore, the OKW, on my suggestion issued the regulation, a - copy of which is enclosed. - - “The following observations are made on its contents: - - “1. The understanding exists between the Chief of the Supreme - Command of the Armed Forces and myself that the co-operation of - the Party in the commitment of prisoners of war is inevitable. - Therefore, the officers assigned to the prisoner-of-war - organization have been instructed to co-operate most closely - with the Hoheitsträger. The commandants of the prisoner-of-war - camps have immediately to detail liaison officers to the - Kreisleiter. - - “Thus the opportunity will be afforded the Hoheitsträger to - alleviate existing difficulties locally, to exercise influence - on the behavior of guards units”—and this is the point we - underline—“and better to assimilate the commitment of prisoners - of war to the political and economic demands.” - -Will the Tribunal permit me to observe that on the face of this order, -addressed to Reichsleiter, Gauleiter, and Kreisleiter, and so to the -officials of the Leadership Corps, in the terms of the order itself -Hoheitsträger are referred to as co-operating media in this scheme. - -The Tribunal has graciously given me an opportunity to observe that this -decree is addressed to Reichsleiter, Gauleiter, Kreisleiter, and to the -leaders of the affiliated and controlled Nazi organizations. As the -Tribunal knows, within the Leadership Corps of the Nazi Party the -Kreisleiter is a pretty low level. That is a county leader. On the face -of the decree itself the co-operation of the Hoheitsträger is -directed—and the Tribunal knows, under the evidence presented against -the Leadership Corps, that Hoheitsträger range all the way from the -Reichsleiter on the top—down to and including the 500,000 or so -Blockleiter implicated. - -I next offer in evidence Document D-163 as Exhibit USA-694. This is a -letter of the Defendant Bormann, dated 5 November 1941, addressed—the -Tribunal will please note—to all Reichsleiter, Gauleiter, and -Kreisleiter (the last just mere county leaders), transmitting to these -officials of the Leadership Corps of the Nazi Party the instructions of -the Reich Minister of the Interior prohibiting decent burials with -religious ceremonies for Russian prisoners of war. I quote the pertinent -portions of these instructions, beginning with the next to the last -sentence of Page 1 of the English translation of D-163, which reads as -follows: - - “To save costs, service departments of the Army will generally - be contacted regarding transport of corpses (furnishing of - vehicles) whenever possible. No coffins will be indented for the - transfer and burial. The body will be completely enveloped with - strong paper (if possible, oil, tar, asphalt paper) or other - suitable material. Transfer and burial is to be carried out - unobtrusively. If a number of corpses have to be disposed of, - the burial will be carried out in a communal grave. In this - case, the bodies will be buried side by side (not on top of each - other) and in accordance with the local custom regarding depth - of graves. Where a graveyard is the place of burial a distant - part will be chosen. - - “No”—we repeat—“No burial ceremony or decoration of graves - will be allowed.” - -I now offer in evidence Document 228-PS, Exhibit USA-695. This is a -Bormann circular, dated 25 November 1943, issued from the headquarters -of the Führer, demanding harsher treatment of prisoners of war and the -increased exploitation of their manpower. I now quote the Bormann -circular which is set forth on Page 1 of the English translation of -Document 228-PS, which reads as follows: - - “Individual Gau administrations often refer in reports to a too - indulgent treatment of prisoners of war on the part of the guard - personnel. In many places, according to these reports, the - guarding authorities have even developed into protectors and - caretakers of the prisoners of war. - - “I informed the Supreme Command of the Armed Forces of these - reports, with the comment that the productive German working - population absolutely cannot understand it if, in a time when - the German people is fighting for existence or nonexistence, - prisoners of war—hence our enemies—are leading a better life - than the German working man and that it is an urgent duty of - every German who has to do with prisoners of war, to bring about - a complete utilization of their manpower. - - “The chief of prisoner-of-war affairs in the Supreme Command of - the Armed Forces has now given the unequivocal order, attached - hereto in copy form, to the commanders of prisoners of war in - the military districts. I request that this order be brought - orally to the attention of all Party office holders in the - appropriate manner. - - “In case that in the future, complaints about unsuitable - treatment of prisoners of war still come to light, they are to - be immediately communicated to the commanders of the prisoners - of war with a reference to the attached order.” - -The Tribunal will note, of course, that on the face of the decree -Bormann instructs that these orders be communicated orally to all Party -officials and that surely must include the members of the Leadership -Corps of the Nazi Party. - -THE PRESIDENT: Speaking for myself, I don’t see anything particularly -wrong in that communication. - -LT. LAMBERT: On that point, Sir, we submit that if you take a document -which says, “We wish to utilize all the labor power of prisoners of war -in our control possible and to get this result by suitable means,” -probably it tends to appear unexceptional. But viewing this document in -relation to the other evidence in, and to be presented, which show a -concerted and settled policy by Bormann and his co-conspirators to. . . - -THE PRESIDENT: Well, it isn’t necessary to argue it. - -LT. LAMBERT: Yes, Sir. Thank you, Sir. - -The attention of the Tribunal is invited to Document 656-PS, previously -put in as Exhibit USA-339. The Tribunal will recall that this is a -secret Bormann circular transmitting instructions of the Nazi High -Command of 29 January 1943, providing for the enforcement of labor -demands on Allied prisoners of war through the use of weapons and -corporal punishment. I quote a brief excerpt from these instructions, -beginning with the third sentence of the third numbered paragraph of -Page 2 of the English translation of Document 656-PS, which reads as -follows; and I quote: - - “Should the prisoner of war not fulfill his order, then he - has”—that is the guard unit, the guard personnel—“then he has, - in the case of very exceptional need and extreme danger, the - right to force obedience with weapons, if he has no other means. - He may use the weapon insofar as this is necessary to attain his - goal. If the assistant guard is not armed, then he is authorized - in forcing obedience by other appropriate means.” - -The Tribunal knows that, under the Geneva Prisoners-of-War Convention of -1929, when prisoners of war prove derelict and refuse to carry out -proper orders of the captive power or its forces, such prisoners of war -are subject to court-martial and military proceedings as if they were -serving under their own forces. Here is a decree which, on its face, -authorizes or attempts to authorize guard personnel to use the rifle or -other suitable means of violence; and of course Your Lordship will -understand it was this type of document we had in mind when we suggested -that the decree of Bormann should be considered in the light of his -other orders relating to the treatment of prisoners of war. - -THE PRESIDENT: The Tribunal will adjourn now. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -LT. LAMBERT: The Tribunal will recall that at the close of the morning -session I had been putting in a series of decrees of the Defendant -Bormann in which he called for increasingly harsh and severe treatment -of Allied prisoners of war. These instructions issued by the Defendant -Bormann culminated in his decree of 30 September 1944. The attention of -the Tribunal is invited to Document 058-PS, previously put in as Exhibit -Number USA-456. The Tribunal will recall that this decree of the -Defendant Bormann removed jurisdiction over all prisoners of war from -the Nazi High Command and transferred it to Himmler. The decree also -provided that all PW camp commanders should be under the orders of the -local SS commanders. By virtue of this order of the Defendant Bormann, -Hitler was enabled to proceed with his program of inhuman treatment and -even extermination of Allied prisoners of war. - -We now proceed to put in what the Prosecution conceive to be extremely -important and extremely incriminating evidence against Bormann and the -co-conspirators, that is, the responsibility of the Defendant Bormann -for the organized lynching of Allied airmen. I offer in evidence -Document 062-PS, Exhibit Number USA-696; and I very respectfully request -the Tribunal to turn to this document. On its face it is an order dated -13 March 1940 from the Defendant Hess addressed to Reichsleiter, -Gauleiter, and other Nazi officials and organizations. In this order -these Party officials are instructed by the Defendant Hess to instruct -the German civil population to arrest or liquidate all bailed-out Allied -fliers. I call the attention of the Tribunal to the third paragraph on -the first page of the English translation of Document 062-PS. In the -third paragraph Hess directs that these instructions, which I shall soon -read, are to be passed out only orally to all—will the Tribunal please -mark that—district leaders or Kreisleiter, Ortsgruppenleiter, cell -leaders, and even the block leaders; that is to say, this order must be -passed out by all the officials of the Leadership Corps to the -Hoheitsträger, ranging from Reichsleiter down to, and including, the -Blockleiter. - -Now turn to Document 062-PS, and the Tribunal will find the instructions -which Hess demanded be disseminated by the Leadership Corps orally: The -lynching of Allied fliers. These directions are headed: “About behavior -in case of landings of enemy planes or parachutists.” The first three -instructions I omit as not material to the basic point now being made. -Instruction 4 reads, and I quote: “Likewise enemy parachutists are -immediately to be arrested or liquidated.” - -It speaks for itself and requires no further comment from the -Prosecution. - -Now, in order to insure the success of this scheme ordered by the -Defendant Hess, Bormann issued a secret letter, dated 30 May 1944, to -the officials, if the Tribunal will please mark, of the Leadership Corps -of the Nazi Party, prohibiting any police measures or criminal -proceedings against German civilians who had lynched or murdered Allied -airmen. This document, our 057-PS, has been previously put in and -received by the Tribunal in connection with the Prosecution’s case -against the alleged criminal organization, the Leadership Corps of the -Nazi Party. - -Now, may it please the Tribunal, that such lynchings, organized, -authorized, and consented to by Defendant Bormann, actually took place -has since been fully and indisputably demonstrated by trials by American -military commissions which have resulted in the conviction of German -civilians for the murder of Allied fliers. I request the Tribunal to -take judicial notice of Military Commission Order Number 2, Headquarters -15th U. S. Army, dated 23 June 1945. This order is our Document 2559-PS. -This order imposed the sentence of death upon a German civilian for -violation of the laws and usages of war in murdering an American airman -who had bailed out and landed without any means of defense. - -The Tribunal will note from that order of the American Military -Commission the 15th of August 1944 as date of crime; Bormann’s order was -dated May 1944. - -I request the Tribunal to notice judicially Military Commission Order -Number 5, Headquarters 3rd U. S. Army and Eastern Military District, -dated 18 October 1945. This order is set forth in Document 2560-PS. This -order imposed a sentence of death upon a German national for violating -the laws and usages of war by murdering, on or about 12 December 1944, -an American airman who landed in German territory. - -We could cite further orders of American and other Allied military -commissions sentencing German civilians to death for the lynching and -murdering of Allied airmen who had bailed out and landed without means -of defense on German territory. We think our point is made by taking the -time of the Tribunal to cite those two orders. - -As previously mentioned in the trial address, on 20 October 1944, when -Nazi defeat in the war had become certain, Bormann assumed political and -organizational command of the newly-formed Volkssturm, the people’s -army. By virtue of ordering the continued resistance by the Volkssturm, -Bormann bears some responsibility for the resistance which prolonged the -aggressive war for months. - -I come now, if it please the Tribunal, to present the proofs showing -that Bormann authorized, directed, and participated in a wide variety of -Crimes against Humanity in aid of the conspiracy. Bormann played an -important role in the administration of the forced labor program. I -offer in evidence Document D-226, Exhibit Number USA-697. This is a -Speer circular, a circular of the Defendant Speer of 10 November 1944, -transmitting Himmler’s instructions that the Party and the Gestapo -should co-operate in securing a larger productivity from the millions of -impressed foreign workers in Germany. I quote the second numbered -paragraph of Page 2 of the English translation of Document D-226, which -reads as follows. I quote: - - “All men and women of the NSDAP, its subsidiaries and affiliated - bodies in the works”—meaning of course factories—“will, in - accordance with instructions from their Kreisleiter, be warned - by their local group leaders”—we intrude to say that means - Ortsgruppenleiter—“and be put under obligation to play their - part in keeping foreigners under the most careful observation. - They will report the least suspicion to the works foreman, which - he will pass on to the defense deputy or, where such a deputy - has not been appointed, to the police department concerned, - while at the same time reporting to the works manager and the - local group leader”—the Ortsgruppenleiter—“to exert untiringly - and continuously their influence on foreigners, both in word and - deed, in regard to the certainty of German victory and the - German will to resist, thus producing a further increase of - output in the works. - - “Party members, both men and women, and members of Party - organizations and affiliated bodies must be expected more than - ever before to conduct themselves in an exemplary manner.” - -Now, in a word, the significance of that decree: It is true it is a -circular of Speer’s reciting an arrangement between himself and Himmler, -but the effect of the arrangement is to impose the onus and the -continuous task of supplying foreign workers on Party members, a Party -which, as the Tribunal knows, Bormann headed as executive chief. - -Under the decree of 24 January 1942 no such directive could have been -issued without the participation of Bormann, both in its preparation and -its enactment. - -I now offer in evidence Document 025-PS as Exhibit Number USA-698. This -is a conference report dated 4 September 1942 which states that the -recruitment, importation, mobilization, and processing of 500,000 female -domestic workers from the east would be handled exclusively by the -Defendant Sauckel, Himmler, and the Defendant Bormann. I quote the first -two sentences of the third paragraph of the English translation of -Document 025-PS, which reads as follows: - - “The Führer has ordered the immediate importation of 400,000 to - 500,000 female domestic eastern workers from the Ukraine between - the ages of 15 and 35 and has charged the Plenipotentiary for - Allocation of Labor with the execution of this action which is - to end in about 3 months. In connection with this—this is also - approved by Reichsleiter Bormann—the illegal bringing of female - housekeepers into the Reich by members of the Armed Forces, or - various other agencies is to be allowed subsequently and, - furthermore, irrespective of the official recruiting, is not to - be prevented.” - -And I now quote from the first sentence of the last paragraph on Page 4 -of the English translation of Document Number 025-PS, and this is the -part that hooks in the Defendant Bormann with the scheme: - - “Generally one gathered from this conference that the questions - concerning the recruitment and mobilization, as well as the - treatment of female domestic workers from the east, are being - handled by the Plenipotentiary for Allocation of Labor, the - Reichsführer SS, and the Chief of the German Police and the - Party Chancellery, and that the Reich Ministry for the Occupied - Eastern Territories is in these questions considered as having - no, or only limited, competence.” - -The Party Chancellery is here mentioned in terms, and Bormann was the -leader of the Party Chancellery, as the Tribunal knows. - -Now the defendant imposed his will on the administration of the -German-occupied areas and insisted on the ruthless exploitation of the -inhabitants of the occupied East. The attention of the Tribunal is -respectfully invited to Document R-36, previously put in as Exhibit -Number USA-344. The Tribunal is well acquainted with this document, for -it has been referred to several times in these proceedings, and knows -that this is an official memorandum of the Ministry for Occupied Eastern -Territories, dated 19 August 1942, which states that the repressive -views of the Defendant Bormann with respect to the inhabitants of the -Eastern areas actually determined German occupational policies in the -East. The Tribunal recalls the now almost notorious quotation from this -Document R-36, which purports to paraphrase and constitute the essence -of Bormann’s views with respect to German occupational policy in the -East. So often has it been quoted that I shall resist the temptation to -repeat it, but in essence it comes to this. Bormann in effect says: - - “The Slavs are to work for us. In so far as we don’t need them, - they may die. They should not receive the benefits of the German - public health system. We do not care about their fertility. They - may practice abortion and use contraceptives; the more the - better. We don’t want them educated; it is enough if they can - count up to 100. Such stooges will be the more useful to us. - Religion we leave to them as a diversion. As to food, they will - not get any more than is absolutely necessary. We are the - masters; we come first.” - -We respectfully submit this as an accurate paraphrase and summary of the -text of that document, Document R-36. - -The attention of the Tribunal is next respectfully invited to Document -654-PS, previously put in as Exhibit Number USA-218. The Tribunal will -recall that this is a conference report, dated 18 November 1942, -embodying an agreement between the Minister of Justice and Himmler -entered into by Bormann’s suggestion under which all inhabitants of the -Eastern occupied areas are subjected to a brutal police regime in the -place of an ordinary judicial system. And the agreement refers all -disputes between the Party, Reich Minister for Justice, and Himmler to -Bormann for settlement. - -Now, because Bormann issued these and related orders, we submit that he -bears a large share of the responsibility for the discriminatory -treatment and the extermination of great numbers of persons in -German-occupied areas of the East. - -With the indulgence of the Tribunal, I put the substance of what I have -been privileged to present in a few words. We have shown that Bormann, -only 45 years old at the time of Germany’s defeat, contributed his -entire adult life to the furtherance of the conspiracy. His crucial -contribution to the conspiracy lay in his direction of the vast powers -of the Nazi Party in advancing the multiple objectives of the -conspiracy. First, as Chief of Staff to the Defendant Hess and then, as -leader, in his own name, of the Party Chancellery, subject only to -Hitler’s supreme authority, he applied and directed the total power of -the Party and its agencies to carry into execution the plans of the -conspirators. He used his great powers to persecute the Christian Church -and clergy and was an unrepentant foe of the fundamentals of the -Christianity with which he warred. - -He actively authorized and participated in measures designed to -persecute the Jews, and his was a strong hand in pressing down the crown -of thorns of misery on the brow of the Jewish people, both in Germany -and in German-occupied Europe. - -As Chief of the Party Chancellery and secretary to the Führer, Bormann -authorized, directed, and participated in a wide variety of War Crimes -and Crimes against Humanity, including, without limitation, the lynching -of Allied airmen, the enslavement and inhuman treatment of the -inhabitants of German-occupied Europe, the cruelty of impressed labor, -the breaking up of homes contrary to the clear provisions of the Hague -regulations, and the planned persecution and extermination of the civil -population of Eastern Europe. - -May it please this Tribunal, every schoolboy knows that Hitler was an -evil man. The point we respectfully emphasize is that without chieftains -like Bormann, Hitler would never have been able to seize and consolidate -total power in Germany, but he would have been left to walk the -wilderness alone. - -He was, in truth, an evil archangel to the Lucifer of Hitler; and, -although he may remain a fugitive from the justice of this Tribunal, -with an empty chair in the dock, Bormann cannot escape responsibility -for his illegal conduct. - -And we close with what seems to us an extremely important point. Bormann -may not be here, but under the last sentence of Article VI of the -Charter every defendant in this dock shown in our evidence to have been -a leader, an organizer, an inciter, and an accomplice of this conspiracy -is responsible for the acts of all persons in furtherance of the general -scope of the conspiracy. And resting squarely on this proposition we -submit, even though Bormann is not here, that every man in the dock -shares responsibility for his criminal acts. And with this we close. The -name of Bormann is not “written in water,” but will be remembered as -long as the Record of Your Honors’ Tribunal is preserved. - -I now have the privilege of introducing Lieutenant Henry Atherton, who -will present the case for the Prosecution against the individual -Defendant Seyss-Inquart. - -LIEUTENANT HENRY K. ATHERTON (Assistant Trial Counsel for the United -States): May it please the Tribunal, the Prosecution has prepared a -trial brief for the convenience of the Tribunal showing the individual -responsibility of the Defendant Seyss-Inquart. Copies of this brief are -now being handed to the Tribunal. At the same time the document books -which bear the letters “KK” and which contain translations of the -evidence referred to in the brief, or to be introduced in evidence at -this time, are also being handed to the Tribunal. At the outset I wish -to make clear my intention to deal at this time only with the individual -responsibility of Seyss-Inquart for the crimes charged in Counts One and -Two of the Indictment. Evidence to show his guilt as charged under -Counts Three and Four of the Indictment, that is, evidence specifically -directed thereunto, is to be introduced later by the prosecutors of the -French Republic and the Soviet Union. - -Seyss-Inquart has agreed that he held the following positions in State -and Party, and I am referring now to Document 2910-PS, which is Exhibit -Number USA-17. He was State Councillor of Austria from May 1937 to 12 -February 1938. He was Minister of [the] Interior and Security of Austria -from 16 February 1938 to 11 March 1938; Chancellor of Austria from 11 -March to 15 March 1938; Reich Governor of Austria from 15 March 1938 to -1 May 1939; Reich Minister without Portfolio from 1 May 1939 until -September of that year; member of the Reich Cabinet from 1 May 1939 -until the end of the war; Chief of the Civil Administration of South -Poland from the early part of September 1939 until 12 October 1939; -Deputy Governor General of Poland under the Defendant Frank from 12 -October 1939 until May 1940; and, finally, Reich Commissioner of the -Occupied Territories of the Netherlands from 29 May 1940 until the end -of the war. He has also agreed that he became a member of the National -Socialist Party on 13 March 1938 and that he was appointed a general in -the SS 2 days later. - -Now this list of positions which Seyss-Inquart has agreed that he held, -if the Tribunal please, shows the place which he held in the Nazi Common -Plan or Conspiracy. It shows his steady rise to greater influence and -power, and especially it emphasizes his particular talent, his skill in -effecting the enslavement of the smaller nations surrounding Germany for -the benefit of what he called the Greater German Reich. - -Now the Defendant Seyss-Inquart first became a member of the Nazi -conspiracy in connection with the Nazi assault on Austria. Mr. Alderman -has shown how the Nazis implemented their diplomatic and military -preparations for this event by intensive political preparations within -Austria. - -The ultimate purpose of these preparations was to secure the appointment -of Nazis, or persons known to be sympathetic to them, to key positions -in the Austrian Government, particularly that of Minister of the -Interior and Security, which controlled the police, thus permitting -quick suppression of all opposition to the Nazis when the time came. - -For this purpose Seyss-Inquart was a most effective tool, the first of -the so-called Quislings or traitors used by the Nazis to further their -aggressions and to fasten their hold on their victims. Seyss-Inquart has -admitted his membership in the Party only from 13 March 1938, but I want -to show that he was closely affiliated with them at a much earlier time. -For this purpose I now offer in evidence Document 3271-PS as Exhibit -Number USA-700. - -Reading from Page 9 of the translation, he says in this letter, which is -a letter to Himmler, dated 19 August 1939: - - “As far as my membership in the Party is concerned, I state that - I was never asked to join the Party but had asked Dr. Kier in - December 1931 to clarify my relationship with the Party, since I - regarded the Party as the basis for the solution of the Austrian - problem . . . I paid my membership fees and, as I believe, - directly to the Gau Vienna. These contributions also took place - after the period of suppression. Later on I had direct contact - with the Ortsgruppe in Dornbach. My wife paid these fees, but - the Blockwart”—and I believe that is another word for - Blockleiter—“was never in doubt, considering that this amount, - 40 shillings per month, was a share for my wife and myself, and - I was in every respect treated as a Party member.” - -Seyss-Inquart, in the last sentence of the paragraph says: - - “In every way, therefore, I felt as a Party member, considered - myself a Party member, thus, as stated, as far back as December - 1931.” - -Now, if the Tribunal please, and before I leave this letter, I want just -to refer to one or two sentences which the Tribunal will find in the -third paragraph on Page 7 of the translation. Referring to a meeting -which he had had with Hitler, Seyss-Inquart says: - - “I left this discussion a very upright man with the unspeakably - happy feeling of being permitted to be a tool of the Führer.” - -The truth of the matter is that Seyss-Inquart was an active supporter of -the Nazis at all times after 1931. But after the Nazi Party in Austria -was declared illegal in July 1934, he avoided too notorious a connection -with the Nazi organization, in order to safeguard what the Nazis called -his good legal position. By this device he was better able to use his -connections with Catholics and others in his work of infiltration for -his Nazi superiors. - -The Tribunal will remember, as Document 2219-PS, Exhibit Number USA-62, -a letter from Seyss-Inquart to Göring of 14 July 1939, in which -Seyss-Inquart makes this clear. It was in this letter also that he said: - - “Yet, I know that I cling with unconquerable tenacity to the - goal in which I believe; that is Greater Germany and the - Führer.” - -The evidence which Mr. Alderman introduced told in detail the manner in -which the Nazi conspirators carried out their assault on Austria. I do -not intend to attempt to review any part of this evidence. I merely wish -to refer the Tribunal to two documents which are particularly important -in showing the part played by this defendant. I refer to the Rainer -report to Gauleiter Bürckel, dated 6 July 1939, which relates the part -played by the Austrian Nazi Party, the Defendant Seyss-Inquart and -others between July 1934 and March 1938; and the astonishing record of -telephone calls between the Defendant Göring or his agents in Berlin and -Seyss-Inquart and others in Vienna on 11 March 1938. The Rainer report -is Document 812-PS, Exhibit Number USA-61, and was read into the Record -beginning at Page 502 (Volume II, Page 370) of the English version and -continuing for a number of pages thereafter. The transcript of the -telephone calls is Document 2949-PS, Exhibit Number USA-76, and was -introduced first at Page 566 (Volume II, Page 414) of the English -Record. - -Now, in order to supplement this and further to show that part played by -Seyss-Inquart, I wish now to introduce in evidence the voluntary -statement which Seyss-Inquart signed with advice of his counsel on 10 -December 1945. This is Document 3425-PS, and I offer it as Exhibit -Number USA-701. - -In this statement Seyss-Inquart explains, from his point of view, his -part in bringing about the Anschluss. I want to read first just a few -sentences from the second paragraph on the first page. It states, and I -quote: - - “In 1918 I became interested in the Anschluss of Austria with - Germany. From that year on I worked, planned, and collaborated - with others of a like mind to bring about a union of Austria - with Germany. It was my desire to effect this union of the two - countries in an evolutionary manner, and by legal means.” - -Skipping just a sentence or two: - - “I supported also the National Socialist Party as long as it was - legal, because it declared itself with particular determination - in favor of the Anschluss. From 1932 onwards I made financial - contributions to this Party, but I discontinued financial - support when it was declared illegal in 1934.” - -Then skipping down another couple of sentences: - - “From July 1936 onwards I endeavored to help the National - Socialists to regain their legal status and, finally, to - participate in the Austrian Government. During this time, - particularly after the Party was forbidden in July 1934, I knew - that the radical element of the Party was engaged in terroristic - activities, such as attacks on railroads, bridges, telephone - communications, et cetera. I knew that the governments of both - Chancellors, Dollfuss and Schuschnigg, although they held in - principle the same total German viewpoint were opposed to the - Anschluss then because of the National Socialist regime in the - Reich. I was sympathetic towards the efforts of the Austrian - Nazi Party to gain political power and corresponding influence, - because they were in favor of the Anschluss.” - -Now, briefly summarizing, the Tribunal will note that the defendant -tells how his appointment as State Councillor, in May 1937, was the -result of an agreement between Austria and Germany in July 1936, and -that was the agreement which Rainer agreed Seyss-Inquart had helped to -bring about; that his appointment as Minister of the Interior and -Security was one of the results of the agreement between Schuschnigg and -Hitler at Berchtesgaden, 12 February 1938. And he admits that after the -appointment and the agreement the Austrian National Socialists engaged -in more and more widespread demonstrations. He tells how immediately -after this appointment as Minister of the Interior and Security he went -directly to Berlin and talked with Himmler and Hitler; and then, -finally, he describes the events of that day, of the 11th of March 1938, -when with the full support of German military power he became -Chancellor. - -I don’t want to quote at length from that description, because the -Tribunal knows already what happened. Reading from the middle of Page 3, -he says: - - “At 10 o’clock in the morning Glaise-Horstenau and I went to the - office of the Bundeskanzler and conferred for about 2 hours with - Dr. Schuschnigg. We frankly told him all that we knew, - particularly about the possibility of disturbances and of - preparations by the Reich. - - “The Chancellor said that he would give his decision by 1400 - hours. While I was with Glaise-Horstenau and Dr. Schuschnigg, I - was repeatedly called to the telephone to speak to Göring.” - -THE PRESIDENT: Has this been read already? - -LT. ATHERTON: No, Sir; this document has not been in before. - -THE PRESIDENT: Very well. - - LT. ATHERTON: “He informed . . . me that the agreement of 12 - February had been cancelled and demanded Dr. Schuschnigg’s - resignation and my appointment as Chancellor.” - -The Tribunal has heard the other side of that story, the actual -telephone conversations. And then, finally, the next two paragraphs, he -tells how Keppler repeatedly urged him to send a telegram calling on -Germany to send troops, and that at first he refused but finally -acquiesced, and I now read from the next to the last paragraph: - - “As I am able to gather from the records available, I was - requested about 10 p. m. to give my sanction to another somewhat - altered telegram about which I informed President Miklas and Dr. - Schuschnigg. Finally President Miklas appointed me Chancellor, - and a little while later he approved my list of proposed - ministers.” - -If the Tribunal will recall, the telegram in question called on Hitler, -on behalf of the Provisional Austrian Government, to send German troops -as soon as possible in order to support it in its task and help it to -prevent bloodshed. The text of the telegram, as printed in Volume 6 of -the _Dokumente der Deutschen Politik_, appears as Document 2463-PS of -the document book. It is interesting to note that the text of this -telegram is substantially identical with that dictated by Göring over -the phone to Keppler on the evening of the 11th of March, which appears -on Page 575 (Volume II, Page 420) of the Record. - -Now, on the next morning, again referring to the statement of the -defendant, he admits that he telephoned Hitler. . . - -THE TRIBUNAL (Mr. Biddle): Are you reading? - -LT. ATHERTON: No, Sir; I am summarizing. - -THE TRIBUNAL (Mr. Biddle): If you don’t read it it is not in evidence. - -LT. ATHERTON: In that event I will read a little further. I read now the -last paragraph on Page 3: - - “During the morning of the 12th of March I had a telephone - conversation with Hitler in which I suggested that, while German - troops were entering Austria, Austrian troops, as a symbol, - should march into the Reich. Hitler agreed to this suggestion - and we agreed to meet in Linz, Upper Austria, later on that same - day. I then flew to Linz with Himmler, who had arrived in Vienna - from Berlin. I greeted Hitler on the balcony of the City Hall - and said that Article 88 of the Treaty of St. Germain was now - inoperative.” - -I have referred to the slavish manner in which, as the evidence has -shown, Seyss-Inquart carried out orders conveyed to him by telephone -from Göring on 11 March 1938 in his negotiations with Chancellor -Schuschnigg and President Miklas. This relationship had in fact existed -for some time. Early in January 1938, Seyss-Inquart, although he then -held an important position in the Austrian Government, had already -considered himself as holding a mandate from the Nazi conspirators in -Berlin in his negotiations with his own Government. As evidence of the -way in which this happened, I offer Document 3473-PS as Exhibit Number -USA-581. This is a letter from Keppler to Göring, dated 6 January 1938, -in which he states, and I quote: - - “My dear Colonel General: - - “Councillor of State, Dr. Seyss-Inquart, has sent a courier to - me with the report that his negotiations with the Federal - Chancellor, Dr. Schuschnigg, have run aground, so that he feels - compelled to return the mandate entrusted to him. Dr. - Seyss-Inquart desires to have a discussion with me regarding - this before he acts accordingly. - - “May I ask your advice, whether at this moment such a step, - entailing automatically also the resignation of the Federal - Minister Glaise von Horstenau, appears indicated or whether I - should put forth efforts to postpone such an action.” - -The letter is signed by Keppler. On top of the original is a brief note -apparently attached by the secretary of the Defendant Göring and dated -Karinhall, 6 January 1938, reading as follows: - - “Keppler should be told by telephone: - - “1) He should do everything to avoid the resignation of - Councillor of State Dr. Seyss-Inquart and State Minister Glaise - von Horstenau. If some difficulties should arise, Seyss-Inquart - should come to him first of all.” - -Now as a result of this directive, apparently telephoned to Keppler, -Keppler, on the 8th of January 1938, wrote a letter to Seyss-Inquart. I -now offer this letter, which is Document Number 3397-PS, in evidence as -Exhibit Number USA-702. Keppler writes, and the Tribunal will remember -that Keppler was, at that time, Secretary of State in charge of Austrian -affairs of the German Government: - - “Dear State Councillor: - - “The other day I had a visit from Mr. Pl. who gave us a report - of the state of affairs, and informed us that you are seriously - considering the question of whether or not you are forced to - hand back the mandate entrusted to you. - - “I informed General Göring of the situation in writing, and G. - just had me informed that I should try my utmost to prevent you, - or any one else, from taking this step. This is also in the same - vein as G.’s conversation with Dr. J. before Christmas; at any - rate, G. requests you to undertake nothing of this nature under - any circumstances before he himself has the opportunity of - speaking with you once more. - - “I can also inform you that G. is, furthermore, making an effort - to speak to Ll., in order that certain improper conditions be - eliminated by him.” - -Then the letter is signed by Keppler. - -The two letters together, if the Tribunal please, show clearly enough -the extent to which this defendant was a tool, the extent to which he -was being used at that time by the conspirators in their planning for -their assault on Austria. Now, once German troops were in Austria and -Seyss-Inquart had become Chancellor, he lost no time carrying out the -plan of his Nazi fellow conspirators. - -I next offer in evidence Document 3254-PS, which is a memorandum written -by the Defendant Seyss-Inquart entitled, “The Austrian Question.” It is -Exhibit Number USA-704. I offer it only because of the description which -he gives of the manner in which he secured the passage of an Austrian -act in annexing Austria to Germany. He said that on March 13 German -officials brought him a proposal for inviting Austria into Germany. They -reported that. . . - -THE PRESIDENT: Are you quoting? - -LT. ATHERTON: I now quote from the middle of Page 20 of the English -text: - - “I called a meeting of the Council of Ministers, after having - been told by Dr. Wolf that the Bundespräsident would make no - difficulties in regard to that realization; he would return to - his home in the meantime and would await me there. On my - proposal the Council of Ministers assembled in the meantime - adopted the draft bill to which my law section had made some - formal modifications. The vote on the 20th of April had been - planned already in the first draft. According to the provisions - of the Constitution of 1 May 1934, any fundamental modification - of the Constitution could be decided by the Council of Ministers - with the approbation of the Bundespräsident. A vote or a - confirmation by the nation was in no way provided for. In the - event that the Bundespräsident should, for any reason, either - resign his functions or be for some time unable to fulfill them, - his prerogatives were to go over to the Bundeskanzler. I went to - the Bundespräsident with Dr. Wolf. The President told me that he - did not know whether this development would be of benefit to the - Austrian nation but that he did not wish to interfere and - preferred to resign his functions, so that all constitutional - rights would come into my hands.” - -And then, skipping two or three sentences to the top of Page 21: - - “Thereafter I returned to Linz by car, where I arrived about - midnight and reported to the Führer the accomplishment of the - Anschluss law.” - -The same day Germany formally incorporated Austria into the Reich by a -decree and declared it to be a province of the German Reich, in -violation of Article 80 of the Treaty of Versailles. I ask the Court to -take judicial notice of Document Number 2307-PS, which is the decree to -this effect, published in 1938 _Reichsgesetzblatt_, Part I, Page 237. - -If the Defendant Seyss-Inquart seems unduly modest as to the part which -he played in undermining the Government to which he owed allegiance, his -fellow conspirators were quick to recognize the importance of his -contributions. In a speech on the 26th of March 1938, the Defendant -Göring said—and I am reading now from Document 3270-PS, Exhibit Number -USA-703, which is an extract from the _Dokumente der Deutschen Politik_, -Volume 6, Page 183: - - “A complete unanimity between the Führer and the National - Socialist confidants inside of Austria existed. . . . If the - National Socialists’ rising succeeded so quickly and thoroughly - and without bloodshed, it is first of all due to the calm, firm, - prudent, and decisive attitude of the present Reichsstatthalter - Seyss-Inquart and his confidants.” - -I want, before leaving the matter of the Anschluss, to stress this once -more, because this was a time of great importance, and it was -Seyss-Inquart who held the key position in this first open attack on -another country. Had it not been for his part, as has been shown, things -might have gone very differently, and if there were no other place where -he was connected with the conspirators’ plans for aggression, this would -be sufficient to rank him with the foremost of the conspirators. - -Now, passing on, Mr. Alderman has shown the way in which Seyss-Inquart -co-operated with the conspirators in integrating Austria as fully as -possible into the Reich, making its resources available to the -Reich—its resources of wealth and its resources of manpower. - -In furtherance of the conspirators’ plan, Reichsstatthalter -Seyss-Inquart for the first time demonstrated his talent for the -persecution of Jewish citizens. In an address in Vienna on the 26th of -March 1938, which will be found at Page 2326 (Volume IV, Page 552) of -the Record, he recalls that Göring expressly commissioned this -defendant, as Reichsstatthalter, to institute anti-Semitic measures. - -And the Tribunal will remember from previous evidence the kind of -wholesale larceny which this involved. So successfully did Seyss-Inquart -perform his task that at the meeting of the Air Ministry under the -chairmanship of the Defendant Göring on the 12th of November 1938, -Fischböck, a member of Seyss-Inquart’s official family, was able to -relate the efficiency with which the civil administration in Austria -dealt with the so-called “Jewish question.” I refer to Document Number -1816-PS, Exhibit Number USA-261, and I am reading first from Page 14 of -the English translation. The Tribunal will note that this is the third -full paragraph from the bottom of Page 14: - - “Your Excellency: In this matter we have already a very complete - plan for Austria. There are 12,000 Jewish artisans and 5,000 - Jewish retail shops in Vienna. Before the seizure of power we - had already a definite plan for tradesmen, regarding this total - of 17,000 stores. Of the shops of the 12,000 artisans about - 10,000 were to be closed definitely and 2,000 were to be kept - open; 4,000 of the 5,000 retail stores should be closed and - 1,000 should be kept open, that is, Aryanized. According to this - plan, between 3,000 and 3,500 of the total of 17,000 stores - would be kept open, all others closed. This was decided - following investigations in every single branch and according to - local needs, in agreement with all competent authorities, and is - ready for publication as soon as we receive the law which we - requested in September. This law shall empower us to withdraw - licenses from artisans quite independent of the Jewish - question.” - -Göring said: - - “I shall have this decree issued today.” - -Then, if the Tribunal please, I just wish to read one more sentence from -the middle of the next page, in which Fischböck says: - - “Out of 17,000 stores 12,000 or 14,000 would be closed and the - remainder Aryanized or handed over to the Bureau of Trustees - which is operated by the State.” - -And Göring replies: - - “I have to say that this proposal is grand. This way the whole - affair would be wound up in Vienna, one of the Jewish capitals, - so to speak, by Christmas or by the end of the year.” - -The Defendant Funk then says: - - “We can do the same thing over here.” - -In other words, Seyss-Inquart’s so-called solution was so highly -regarded that it was considered a model for the rest of the Reich. - -The task of integrating Austria into the Reich being substantially -complete, the Nazi conspirators were able to use Seyss-Inquart’s expert -services for the subjugation of other peoples. As an illustration I -refer the Tribunal to Document D-571, Exhibit Number USA-112, which has -already been read in evidence. The Tribunal will recall that from this -document it appeared that on the 21st of March 1939 an official of the -British Government reported from Prague to Viscount Halifax that a -little earlier, on the 11th of March 1939, Seyss-Inquart, Bürckel, and -five German generals attended a meeting of the Cabinet of the Slovak -Government and told them that they should proclaim the independence of -Slovakia, that Hitler had decided to settle the question of -Czechoslovakia definitely (this has been read in court today) and that, -unless they did as they were told, Hitler would disinterest himself in -their fate. It just gives an indication of the manner in which this man -continued to be busy in the aggressive plans of these Nazi conspirators. - -Now early in September 1939, after the opening of the attack against -Poland, Seyss-Inquart became Chief of the Civil Administration of south -Poland. A few weeks later, on 12 October 1939, Hitler promulgated a -decree providing that territories occupied by German troops, except -those incorporated within the German Reich, should be subject to the -authority of the Governor General of the occupied Polish territories and -he appointed the Defendant Frank as Governor General and the Defendant -Seyss-Inquart as Deputy Governor General. This decree will be found in -the 1939 _Reichsgesetzblatt_, Part I, Page 2077, and I ask the Tribunal -to take judicial notice of it. Shortly thereafter, on 26 October 1939, -Frank promulgated a decree establishing the administration of the -occupied Polish territories, of which he was Governor. This decree is -published in the _Dokumente der Deutschen Politik_ and appears in the -document book as 3468-PS. I am informed that this book, Volume 7, has -also received the Exhibit Number 705 and I offer it as such. - -Article 3 of the decree provided that the Chief of the Office of the -Governor General and the Higher SS and Police Leader are directly -subordinate to the Governor General and his Deputy. The Deputy, of -course, was the Defendant Seyss-Inquart. - -The significance of that provision is obvious in the light of the -evidence which the Tribunal has heard and will hear. I ask the Tribunal -to take judicial notice of it. - -As Deputy Governor General of the Polish occupied territories, -Seyss-Inquart seems to have had the job of setting up a German -administration throughout this territory; that is, he worked under the -Defendant Frank but did much of the work of interviewing the various -local leaders, telling them what they should do. As an illustration I -offer in evidence a report of a trip which Seyss-Inquart and his -consultants took between the 17th and 22d of February 1939. This is our -Document Number 2278-PS, and I offer it as Exhibit Number USA-706. If -the Tribunal please, I have misstated that date or period. It was the -17th to the 22d of November 1939, in other words, shortly after the -administration was set up. On the first page of the English -translation—and I now quote from the second full paragraph—the -following appears: - - “At 3:00 p. m. Reich Minister, Dr. Seyss-Inquart, addressed the - department heads of the district chief and stated among other - things that the chief guiding rule for carrying out German - administration in the Government General must be solely the - interests of the German Reich. A stern and inflexible - administration must make the area of use to German economy; and, - so that excessive clemency may be guarded against, the results - of the intrusion of the Polish race into German territory must - be brought to mind.” - -This report is too long, if the Tribunal please, to quote from at too -great length; but if the Tribunal will turn over to Page 7, I would like -to read in some extracts of what occurred while the defendant was in -Lublin. From the report it appears that the Defendant Seyss-Inquart -after meeting the various local German administrative officers “then -expounded the principles,” and I am now quoting from the top of Page 7, -“in accordance with which the administration in the ‘Government’ must be -conducted.” Then, skipping a sentence: - - “The resources and inhabitants of this country would have to be - made of service to the Reich, and only within these limits could - they prosper. Independent political thought should no longer be - allowed to develop. The Vistula area might perhaps be still more - important to German destiny than the Rhine. The Minister then - gave as a guiding theme to the district leaders: ‘We will - further everything which is of service to the Reich and will put - an end to everything which may harm the Reich.’ Dr. - Seyss-Inquart then added that the Governor General wished that - those men who were fulfilling a task for the Reich here should - receive a post with material benefits in keeping with their - responsibility and achievements.” - -Then, if the Tribunal will turn over two more pages, the reporter is -describing a sightseeing tour which was made to the village of Wlodawa, -Cycow, and I quote: - - “Cycow is a German village. . .”—skipping down a couple of - sentences—“Reich Minister Dr. Seyss-Inquart made a speech in - which he pointed out that the fidelity of these Germans to their - nationality now found its justification and reward through the - strength of Adolf Hitler.” - -And then the next sentence, apparently thrown in by the reporter: - - “This district with its very marshy character could, according - to District Chief Schmidt’s deliberations, serve as a - reservation for the Jews, a measure which might possibly lead to - heavy mortality among the Jews.” - -THE PRESIDENT: We might break off here for 10 minutes. - - [_A recess was taken._] - -LT. ATHERTON: If the Tribunal please, at the time the Tribunal rose, I -was in the process of considering the functions of the Defendant -Seyss-Inquart, his place as Deputy Governor General of Poland, between -1939 and 1940. - -Now the Tribunal has already heard evidence of the atrocities which were -perpetrated by the administration which Seyss-Inquart thus helped to -create. The prosecutors for the Soviet Union will present to the -Tribunal more evidence of such atrocities. For our present purposes, to -show the importance of the work which this man did to further the Nazi -plan for the Government General of Poland, it is enough to quote a few -words from the diary of the Defendant Frank. - -On the occasion of what was apparently a farewell lunch to -Seyss-Inquart, when he became Reich Commissioner of the Netherlands, -Frank said—and I now quote from Document 3465-PS, Pages 510 and 511 of -Volume 2, the 1940 volume of the diary, which is Exhibit Number USA-614: - - “I am extremely glad, Mr. Reich Commissioner and Reich Minister, - to assure you, in this hour of your departure, that the months - of our collaboration with you belong to the most precious - memories of my life and that your work in the Government General - will be remembered forever in the building of the coming world - empire of the German nation.” - -Skipping down a little, if the Tribunal please, Frank went on to say: - - “In the construction of the Government General your name will - forever take a place of honor as an originator of this - organization and this state system. . . . I express our thanks, - Mr. Reich Minister, for your collaboration and for your creative - energy.” - -Then reading the last two or three sentences: - - “During the hard times common work united us here in the East, - but it is at the same time the beginning point for a gigantic - power development of the German Reich. Its perfection will show - the development of the greatest energy unit which there ever was - in the history of the world. In this work you were placed by the - Führer, very effectively, in the most important position.” - -And to these remarks the Defendant Seyss-Inquart replied and I now quote -from the second page of the translation: - - “I learned here a lot, many things which I did not understand - before at all, and mainly on account of the initiative and firm - leadership as I saw them in my friend Dr. Frank.” - -Then, skipping a sentence: - - “I will now go to the West, and I want to be quite open with - you. With my whole heart I am present, because my whole attitude - is one directed toward the East. In the East we have a National - Socialist mission; over there, in the West, we have a function; - that may be the difference.” - -I submit, if the Tribunal please, that the sentences which I have just -read show clearly enough the conscious participation of the Defendant -Seyss-Inquart in the Polish phase of the conspiracy. - -Thus equipped with experience gained in Poland under the Defendant -Frank, Seyss-Inquart was ready to undertake his last and most ambitious -task, the enslavement of the Netherlands. The ruthless manner in which -he performed it marks his position in the Nazi Common Plan or -Conspiracy. - -I ask the Tribunal first to take judicial notice of a decree of Hitler -of 18 May 1940, which is found in 1940 _Reichsgesetzblatt_, Part I, Page -778. The translation will be found in the book as Document 1376-PS. By -Section 1 of this decree it is provided that: - - “The Reich Commissioner is protector of the interests of the - Reich and will represent the supreme power of the Government - within the civil sphere. He will be directly subordinated to me - and will receive directives and orders from me.” - -Section 3 provides that: - - “The Reich Commissioner may use German Police forces to carry - out his orders. The German Police forces are at the disposal of - the German military commander in the Netherlands insofar as - military necessities require this and if the missions of the - Reich Commissioner permit it.” - -Then by Paragraph or Section 5 of the law it is provided that the Reich -Commissioner may promulgate laws by decree, such orders to be published -in the _Verordnungsblatt_ for the occupied territory of the Netherlands, -a publication which I shall hereafter refer to merely as the -_Verordnungsblatt_. - -On the 29th of May 1940, acting within these powers, the defendant -promulgated an order covering the exercise of governmental authority in -the Netherlands and this appears as Document 3588-PS in the document -book. I ask the Tribunal to take judicial notice of its contents. - -That will contain two decrees. I am now referring to the first one. - -By Section 1 of this decree the defendant modestly purports to assume, -to the extent required for the fulfillment of his duties, “all powers, -privileges, and rights heretofore vested in the King and the Government, -in accordance with the constitution and the laws of the Netherlands.” -That is a direct quotation. - -And then Section 5 of the order entrusts the maintenance of public -peace, safety, and order to the Netherlands Police force unless the -Reich Commissioner calls on German SS or Police forces for the -enforcement of his orders. It further provides that the investigation -and combatting of all activities hostile to the Reich and Germanism -shall be the concern of the German Police force. - -On June 3, 1940, a further decree was promulgated concerning the -organization and establishment of the Office of the Reich Commissioner. -This decree is found in the _Verordnungsblatt_ for 1940, Issue 1, at -Page 11, and is the second decree under Document 3588-PS. This decree -provided for general commissioners on the staff of the Reich -Commissioner to head four enumerated sections, one of which, the -Superior SS and Police Chief, was to head the section for public safety. -It was provided by Section 5 of this decree that: - - “This official should command the units of the military SS and - German Police forces transferred to the occupied Netherlands - territories, supervise the Netherlands central and municipal - police forces and issue to them necessary orders.” - -Section 11 provided that the Reich Commissioner alone. . . - -THE PRESIDENT: Lieutenant Atherton, don’t you think that we can assume -that the Defendant Seyss-Inquart, who had been appointed to administer -the occupied territory of the Netherlands, had all these powers and that -you can turn your attention to what he did under those powers? - -LT. ATHERTON: Yes, Sir; I will do that but I wanted to make plain to the -Tribunal, because of the peculiar set-up of this German Police force, -the fact that he was granted the power to give orders to them, and not -only that, but that he customarily did. If that point is made clear, as -I believe it is, in these two decrees, I will pass on to the next -matter. - -THE PRESIDENT: I think the Tribunal has no doubt that an officer under -the Reich who had got the powers of the administrator of an occupied -territory could make use of the police forces. - -LT. ATHERTON: Yes, Sir. - -THE PRESIDENT: It is really a matter that we should be prepared to -assume until it is proved to the contrary. - -LT. ATHERTON: I agree, Sir. - -THE PRESIDENT: We would wish you to turn attention to show what he did, -under those powers, which constitute crimes. - -LT. ATHERTON: Yes, Sir. It is not our intention at this time to go into -the crimes against persons and property which the Defendant -Seyss-Inquart is responsible for in the Netherlands in any detail, -because evidence of Nazi barbarity in this country is to be presented by -our associates, the prosecutors for the French Republic. It is only our -purpose to show a few illustrations and to give some idea of the scope -of this defendant’s activities and his responsibilities as evidence of -his part in the execution of the Nazis’ Common Plan or Conspiracy, which -it is our part to prove. - -Now, in the first place, there will be much evidence to show that the -defendant was responsible for widespread spoliation of property. Merely -as an illustration of the way in which he was implicated in the smallest -parts of this, I offer in evidence Document 176-PS, as Exhibit Number -USA-707. - -This document is a report on the activities of the “Task Force -Netherlands,” a part of the Einsatzstab Rosenberg, on which the Tribunal -has already heard evidence. Quoting from the first page of this report, -the first sentence: - - “The Task Force Netherlands of the Einsatzstab Reichsleiter - Rosenberg began its work in agreement with the competent - representative of the Reich Commissioner during the first days - of September 1940.” - -The report then proceeds to detail the property taken from Masonic -lodges and similar institutions to a considerable extent. Reading -from—I believe it is Page 3 of this report, the very bottom: - - “An extremely precious library, containing invaluable works on - Sanskrit, was confiscated, when the ‘Theosophic Society’ in - Amsterdam was dissolved, and packed into 96 cases. - - “A number of smaller libraries belonging to the Spiritists, the - Esperanto movement, the Bellamy movement, the International - Bible Students, and various other minor international - organizations were packed into seven cases; texts belonging to - various minor Jewish organizations were packed into four cases; - and a library of the ‘Anthroposophic Society’ in Amsterdam into - three. - - “It is safe to say that the stocks of books confiscated, packed, - and so far sent to Germany by the task force are of - extraordinary scientific value and will contribute an integral - part of the library of the ‘Hohe Schule.’ - - “The money value of these libraries . . . can only be estimated - but must surely amount to from 30 million to 40 million - Reichsmark.” - -Then, quoting from the very end of the report: - - “The task force, in executing the aforementioned tasks, is bound - strictly to the pace set by the Reich Commissioner for the - handling of the Jewish questions and those of the international - organizations.” - -As Reich Commissioner it was one of the functions of the Defendant -Seyss-Inquart to supervise the execution of the conspirators’ program -for deportation of Dutch citizens to Germany for slave-labor. The -Tribunal will recall that Mr. Dodd read into evidence at Page 1372 -(Volume III, Page 477) a portion of a transcript of an interrogation of -the Defendant Sauckel, on 5 October 1945, in which it appeared that the -quotas for the workers for Holland were agreed upon and then the numbers -given to the Reich Commissioner Seyss-Inquart to fulfill; and after the -quota was given to Seyss-Inquart, it was his mission to fulfill it with -the aid of Sauckel’s representative. And then the Tribunal will recall -that at Page 1310 (Volume III, Page 433) of the Record Mr. Dodd, having -shown the Defendant Seyss-Inquart’s part in recruitment for slave-labor -in this fashion and his responsibility for it, read into the Record, -Page 1310 (Volume III, Page 433), some portions from Document 1726-PS, -Exhibit Number USA-195, which showed the numbers of Netherlands citizens -deported to the Reich at various times. Since that is all a matter of -record, I will not go into it again. - -In the Netherlands, as in Austria and elsewhere, Seyss-Inquart was -relentless in his treatment of Jewish Netherlanders. To illustrate his -attitude, I offer in evidence Document 3430-PS, which consists of -extracts from the defendant’s book _Four Years in the Netherlands_ -(Collected Speeches). It becomes Exhibit Number USA-708. In a speech in -Amsterdam on 13 March 1941—and I am now quoting from Page 57 of the -original book, the last extract on the translation, Seyss-Inquart said: - - “The Jews, for us, are not Dutch. They are those enemies with - whom we can come to neither an armistice nor to peace. This - applies here, if you wish, for the duration of the occupation. - Do not expect an order from me which stipulates this, except - regulations concerning police matters. We will beat the Jews - wherever we meet them, and those who join them must bear the - consequences. The Führer declared that the Jews have played - their final act in Europe, and therefore they have played their - final act.” - -Now, as promised, the Defendant Seyss-Inquart proceeded to promulgate -the long series of decrees which first threatened to deprive the Jewish -people in the Netherlands of their property, of their rights, and -degraded them to something lower than the lowest, which eventually -resulted in their deportation to Poland. These decrees, all signed by -Seyss-Inquart, are collected in our brief, Page 65. I ask the Court to -take judicial notice of them. By way of illustration, the first to which -I wish to refer appears in the document book as 3333-PS, and it is a -decree of 26 October 1940, requiring the registration of businesses -belonging to Jews as defined in the decree, including partnerships or -corporations in which Jews owned a substantial interest. You have seen -that this type of law was the inevitable prelude to mass confiscation of -the property of Jews under the Nazi administration. In a law found in -_Verordnungsblatt_, Volume Number 6, Page 99, 11 February 1941, Document -3325-PS, Dutch universities and colleges were limited in the -registration of Jewish students. This of itself does not seem important, -but it is a part of the program to take away from these people their -rights and degrade them. Document Number 3328-PS is a decree published -in _Verordnungsblatt_ Number 44 at Page 841, of 22 October 1941. This -prevented the Jews from exercising any profession or trade without -authorization from administrative authorities and permitted such -authorities to order the termination of any employment contract -concerning Jews. - -As a final illustration I refer in passing to Document 3336-PS, a decree -published in the _Verordnungsblatt_, Issue 13, Page 289, and dated 21 -May 1942. This decree required all Jews to make written declaration of -claims of any kind, under which they might be beneficiaries, at a -banking firm known as Lippmann-Rosenthal and Company, which was actually -an agency of the Reich at Amsterdam. The decree gave the bank, this -named bank, all rights to dispose of the claim and provided that payment -to the bank should be released in full. This type of Nazi decree was, of -course, a forerunner of ultimate deportation to the East and allowed the -Nazis to snatch the insurance. - -Evidence of the success of this defendant’s efforts to annihilate all -Jews in the Netherlands has already been read into the Record. The court -will find that Major Walsh—again reading from the report of the -Netherlands Government, Exhibit Number USA-195, at Page 1497 (Volume -III, Page 565)—showed that out of 140,000 Jewish Netherlanders, 117,000 -were deported, over 115,000 of them to Poland, over 80 percent. The -evidence has shown what was the probable fate of most of these people, -and I shan’t dwell on it further. - -Finally, I want to say a few words about the responsibility of this -defendant for the systematic terror practiced against the inhabitants of -the occupied territory by the Nazis throughout the occupation. Referring -again to the collected speeches in Document 3430-PS, on 29 January 1943, -the defendant left little doubt of his point of view. He said, and I -quote: - - “It is also clear, now more than ever, that every resistance - which is directed against this fight for existence must be - suppressed. Some time ago the representatives of the churches - had written to the Wehrmacht commander and to me, and they - presented their ideas in regard to the execution of death - sentences which the Wehrmacht commander announced in the - meantime. To this I can say only the following: At the moment in - which our men, fathers, and sons with iron determination look - towards their fate in the East and unflinchingly and steadfastly - perform their highest pledge, it is unbearable to tolerate - conspiracies whose goal is to weaken the rear of this eastern - front. Whoever dares this must be annihilated. We must be severe - and become even more severe against our opponents. This is the - command of a relentless sequence of events and for us, perhaps, - inhumanly hard but our holy duty. We remain human because we do - not torture our opponents. We must remain hard in annihilating - them.” - -I do not offer any evidence of the commission of these crimes, because -that is to be done by prosecutors of the French Republic. But the -position of the Defendant Seyss-Inquart as Reich Commissioner, the -control which he exercised, which has been shown, particularly over the -SS and Police, and the attitude of the man himself will make clear his -authorization and participation in the crimes to be proved and are a -further indication of his part in the common plan. - -Seyss-Inquart supported the Nazi Party as early as 1931. He was a -traitor to the government to which he owed allegiance and in which he -held high office. With full knowledge of the ultimate purposes of the -conspirators he bent every effort to integrate Austria into the Reich -and to make its resources and manpower, as well as its strategic -position, available for the Nazi war machine. He performed these tasks -with such ruthless efficiency that he was chosen thereafter for key -positions in the enslavement of Poland and the Netherlands—the -positions which he filled with such satisfaction to his superiors, that -ultimately he came to be one of the foremost and most detested leaders -in this common plan. As such, under Article 6 of the Charter, he is -responsible for all acts performed by any persons in the execution of -that plan. As such, he is guilty of the crimes charged to him under -Counts One and Two of the Indictment. - -I wish to introduce to the Tribunal at this time Dr. Robert M. W. -Kempner, who will represent the Prosecution in the next phase of the -case dealing with the Defendant Frick. - -DR. ROBERT M. W. KEMPNER (Assistant Trial Counsel for the United -States): May it please the Tribunal: There have been distributed to the -Tribunal and to all Defense Counsel, trial brief and documents relating -to the Defendant Frick. The trial brief prepared by my colleague, Karl -Lachmann, sets forth, in great detail, evidence, in the form of both -documents and decrees, against the Defendant Wilhelm Frick. English -translations of the evidentiary material referred to in the trial brief -are included in the document book prepared by my colleague Lieutenant -Felton. This book has been marked “LL.” - -Defendant Frick’s great contribution to the Nazi conspiracy was in the -field of governmental administration. He was the administrative brain -who devised the machinery of state for Nazism, who geared that machinery -for aggressive war. - -In the course of his active participation in the Nazi conspiracy, from -1923 to 1945, the Defendant Frick occupied a number of important -positions. Document 2978-PS, which has previously been introduced as -Exhibit Number USA-8, lists the positions in detail. The original was -signed by the Defendant Frick on 14 November 1945. I do not repeat these -positions; they are known to the Court. Frick’s past activity on behalf -of the Nazi conspirators was his participation in promoting their rise -to power. Frick betrayed, in his capacity as law enforcement official of -the Bavarian Government, his own Bavarian Government by participating in -the Munich Beer Hall Putsch of November 8, 1923. Frick was tried and -sentenced together with Hitler on a charge of complicity in treason. His -position in the Putsch is described in a record of the proceeding called -_The Hitler Trial before the People’s Court in Munich_, published in -Munich in 1924. - -I will ask this Tribunal to take judicial notice of this record of these -proceedings. Hitler’s appreciation of Frick’s assistance is evidenced by -the fact that he honored Frick by mentioning his name in _Mein Kampf_. -Only two other Defendants in this proceeding share this honor, namely, -Hess and Streicher. I ask the Tribunal to take judicial notice of the -favorable mentioning of Defendant Frick in _Mein Kampf_, German edition, -1933, Page 403. - -During the period after the Putsch, Frick made further contributions to -the Nazi conspiracy. I should like to refer briefly to Document 2513-PS, -an excerpt of Pages 36 and 38 from a report entitled, “The National -Socialist Workers Party as an Association Hostile to the State and to -the Republican Form of Government and Guilty of Treasonable Activity.” -This report has been previously introduced as Document 2513-PS, Exhibit -Number USA-235. It is an official report of the criminal activities of -Hitler, Frick, and other Nazis prepared by the Prussian Ministry of the -Interior in 1930. It states that Frick, next to Hitler, can be regarded -as the most influential representative of the Nazi Party at that time. -This document reported that at the 1927 Party Congress in Nuremberg -Frick said that the Reichstag would first be misused by the Nazi Party, -would then be abolished, and that its abolition would open the way for -racial dictatorship. The document also reported that Frick stated in a -speech in 1929 at Pyritz that this fateful struggle will first be taken -up with the ballot, but this cannot continue indefinitely, for history -has taught us that in battle blood must be shed and iron broken. - -Back in 1927 Frick’s prominent role in helping to bring the Nazis to -power was recognized when, on 23 January 1930, he was appointed Minister -of the Interior and Education in the State of Thuringia. - -THE PRESIDENT: Are you passing from that document now? I thought you -were reading from 2513. - -DR. KEMPNER: No, this is an introduction of the next document. - -THE PRESIDENT: I see, Dr. Kempner. - -DR. KEMPNER: I just started to refer to the fact that Adolf Hitler at -this time, when Frick was Minister of the Interior in the State of -Thuringia, was an undesirable alien, not a German citizen. In his -capacity as Minister of Thuringia the Defendant Frick began his -manipulations to provide Adolf Hitler, the undesirable alien, with -German citizenship, an essential step toward the realization of the Nazi -conspiracy. - -This lack of German citizenship was highly detrimental to the cause of -the Nazi Party because, as an alien, Hitler could not become candidate -for the Reich Presidency in Germany. - -It was the Defendant Frick who solved this problem by an administrative -maneuver. We now introduce in evidence Document 3564-PS, Exhibit Number -USA-709. This document is an affidavit by Otto Meissner of 27 December -1945. Meissner was former state secretary and chief of Hitler’s -Presidential Chancellery. The last two sentences of this affidavit read -as follows: - - “Frick also, in collaboration with Klagges, Minister of - Brunswick, succeeded in naturalizing Hitler as a German citizen - in 1932 by having him appointed a Brunswick government official - Regierungsrat. This was done in order to make it possible for - Hitler to run as a candidate for the office of President in the - Reich.” - -When Hitler came to power on 30 January 1933, Frick was duly awarded a -prominent post in the new regime as Reich Minister of the Interior. In -this capacity he became responsible for the establishment of -totalitarian control over Germany, an indispensable prerequisite for the -preparation of aggressive warfare. Frick assumed responsibility for the -realization of a large part of the Nazi Conspirators’ program both -through administration and legislation. - -I must explain very briefly the significance of the Ministry of the -Interior in the Nazi State to show the contribution made by Frick to the -conspiracy. I offer, as evidence of Frick’s extensive jurisdiction as -Minister of the Interior, Document 3475-PS, Exhibit Number USA-710, -which is part of the official German manual for administrative -officials, dated 1943. I ask the Tribunal to take judicial notice of -Frick’s jurisdiction mentioned in this document. The names of the men -who, according to this document, worked under Frick’s supervision, and I -stress this point “worked under Frick’s supervision,” are symbolic. They -are listed on Page 1 of the English translation. Here we find among the -subordinates of Frick: Reich Health Leader, Dr. Conti; Reichsführer SS -and Chief of the German Police, Heinrich Himmler; and Reich Labor -Service leader, Hierl. This document shows Frick as supreme commander of -three important pillars of the Nazi State: the Nazi health service, the -Nazi police system, and the Nazi labor service. - -The wide variety of Frick’s activities as Reich Minister of the Interior -can be judged from the following catalogue of his functions, enumerated -on the following pages of the manual. He had final authority over -constitutional questions, drafted legislation, had jurisdiction over -governmental administration and civil defense, and was final arbiter in -all questions concerning race and citizenship. The manual also lists -sections of the Ministry concerned with administrative problems for the -occupied territories and annexed territories, the “New Order” in the -Southeast, the Protectorate of Bohemia and Moravia, and the “New Order” -in the East. He also had full jurisdiction in the field of civil -service, including such matters as appointment, tenure, promotion, and -dismissal. - -The Defendant Frick used his wide powers as Reich Minister of the -Interior to advance the cause of the Nazi conspiracy. To accomplish this -purpose, he drafted and signed the laws and decrees which abolished the -autonomous state governments, the autonomous local governments, and the -political parties in Germany other than the Nazi Party. - -In 1933 and 1934, the first 2 years of the Nazi regime, Frick signed -about 235 laws or decrees, all of which are published in the -_Reichsgesetzblatt_. I should like to refer briefly to a few of the more -important laws and decrees, such as the law of 14 July 1933 outlawing -all political parties other than the Nazi Party, _Reichsgesetzblatt_, -1933, Part I, Page 479, Document 1388(a)-PS; then the law of 1 December -1933 securing the unity of Party and State, _Reichsgesetzblatt_, 1933, -Part I, Page 1016, Document 1395-PS; the law of 30 January 1934 -transferring the sovereignty of the German states to the Reich, -_Reichsgesetzblatt_, 1934, Part I, Page 75, Document 3068-PS; the German -Municipality Act of 30 January 1935, which gave Frick’s Ministry of the -Interior final authority to appoint and dismiss all mayors of -municipalities throughout Germany, _Reichsgesetzblatt_, 1935, Part I, -Page 49, Document 2008-PS; and, finally, the Nazi Civil Service Act of 7 -April 1933 which provided that all civil servants must be trustworthy as -defined by Nazi standards and also must meet the Nazi racial -requirements, published in _Reichsgesetzblatt_, 1933, Part I, Page 175, -Document 1397-PS. - -One category of Frick’s activities, however, deserves special notice; -that is, the crushing of opposition by legally camouflaged police -terror. This is shown by the book _Dr. Wilhelm Frick and His Ministry_, -our Document 3119-PS, which is in evidence as Exhibit Number USA-711, -written by Frick’s undersecretary and co-conspirator, Hans Pfundtner, -apparently written to establish Frick’s eternal contribution to the -creation of the Nazis’ thousand-year Reich. It states, and I quote -briefly from Page 4, paragraph 4, of the English translation: - - “While Marxism in Prussia was crushed by the hard fist of the - Prussian Prime Minister Hermann Göring and a gigantic wave of - propaganda was initiated for the Reichstag elections of 5 March - 1933, Dr. Frick prepared the complete seizure of power in all - states of the Reich. All at once the political opposition - disappeared. All at once the Main”—River—“line was eliminated; - from this time on only one will and one leadership reigned in - the German Reich.” - -How was this done? On February 28, 1933, the day after the Reichstag -fire, civil rights in Germany were abolished. This decree was published -in the _Reichsgesetzblatt_, 1933, Page 83; and an English translation of -it appears in the document book as 1390-PS. I refer to this decree at -this time because it carries the signature of the Reich Minister of the -Interior Frick. And now something important. It is stated at the -beginning of the decree, which was published on the morning after the -Reichstag fire, that the suspension of civil rights is decreed as a -defense measure against Communist acts of violence endangering the -State. At the time of publication of this decree, the Nazi Government -announced that a thorough investigation had proven that the Communists -had set fire to the Reichstag building. I do not intend to go into the -controversial issue of who set fire to the Reichstag, but I should like -to offer proof that the official Nazi statement that the Communists were -responsible for the fire was issued without any investigation and that -the preamble of the decree which had Frick’s signature was a mere -subterfuge. - -I offer in evidence a very short excerpt of an interrogation of -Defendant Göring, dated October 13, 1945, our Document 3593-PS, Exhibit -Number USA-712, and I should like to read the following brief portion, -beginning on Page 4: - - “My question to Göring: ‘How could you tell your press agent, 1 - hour after the Reichstag caught fire, that the Communists did - it, without investigation?’ - - “Göring’s answer: ‘Did the public relations officer say that at - that time?’ - - “My answer: ‘Yes. He said you said it.’ - - “Göring: ‘It is possible when I came to the Reichstag the Führer - and his gentlemen were there. I was doubtful at that time, but - it was their opinion that the Communists had started the fire.’ - - “My question: ‘But you were the highest law enforcement official - in a certain sense. Daluege was your subordinate. Looking back - at it now, and not in the excitement that was there once, wasn’t - it too early to say without any investigation that the - Communists had started the fire?’ - - “Göring: ‘Yes, that is possible, but the Führer wanted it this - way.’ - - “Question: ‘Why did the Führer want to issue at once a statement - that the Communists had started the fire?’ - - “Answer: ‘He was convinced of it.’ - - “Question: ‘It is right when I say he was convinced without - having any evidence or any proof of that at this moment?’ - - “Göring: ‘That is right, but you must take into account that at - that time the Communist activity was extremely strong, that our - new government as such was not very secure.’” - -THE PRESIDENT: Dr. Kempner, what has that got to do with Frick? - -DR. KEMPNER: He signed the decree, as I said before, abolishing civil -liberties on the morning after, pointing out that there was a Communist -danger. On the other side, this Communist danger was a mere subterfuge -and was one of the things which finally led to the second World War. - -The Defendant Frick not only abolished civil liberties within Germany, -but he also became the organizer of the huge police network of the Nazi -Reich. - -Parenthetically, I may state that before this time there was no unified -Reich police system; the individual German states had police forces of -their own. - -I ask the Tribunal to take judicial notice of the decree of June 17, -1936, signed by Frick and published in the _Reichsgesetzblatt_, 1936, -Page 487. An English translation of this decree is in the document book -under Document Number 2073-PS. - -Section 1 of this Frick decree reads as follows: - - “For the unification of police duties in the Reich, a Chief of - German Police is appointed in the Reich Ministry of the - Interior, to whom is assigned the direction and conduct of all - police affairs. . . .” - -And from Section 2 we learn that it was the Defendant Frick and Hitler, -the signers of the decree, who appointed Himmler as Chief of the German -Police. - -Paragraph 2 of Section 2 of the decree states that Himmler was, and I -quote, “subordinated individually and directly to the Reich and Prussian -Minister of the Interior.” And of course that is Frick. - -The official chart of the German Police system, Document 1852-PS, which -has already been introduced into evidence as Exhibit Number USA-449, -clearly shows the position of the Reich Minister of the Interior, Frick, -as the supreme commander of the entire German Police system, including -the notorious RSHA, of which the Defendant Kaltenbrunner became chief, -under Frick, in January 1943. - -The Defendant Frick used his authority over the newly centralized police -system for the promotion of the Nazi conspiracy. The Tribunal may take -judicial notice of Frick’s decree of September 20, 1936, published in -the _Ministerial Gazette of the Reich_ (_Ministerialblatt des -Reichs- und Preussischen Ministeriums des Innern_), 1936, Page 1343, -Document 2245-PS. - -In this decree Frick reserved for himself the authority to appoint -inspectors of the security police, subordinated them to his district -governors, the Oberpräsidenten, and ordered them to have a close -co-operation with the Party and the Armed Forces. - -Another example of the use of his activities in the police sphere is in -his ordinance of March 18, 1938, concerning the Austrian Anschluss, in -which Frick authorized the Reichsführer of the SS and Police, Himmler, -to take security measures in Austria without regard to previous legal -limitations. This decree is published in the _Reichsgesetzblatt_, 1938, -Page 262, and appears in the document book as Document Number 1437-PS. - -I shall not here repeat the evidence concerning the criminal activities -of the German police, over which the Defendant Frick had supreme -authority. I should simply like to refer the Tribunal to the -presentations already made on the subject of concentration camps and the -Gestapo, two of the police institutions under Frick’s jurisdiction. But -I should like to show that not only Himmler’s subordinate machine but -also Frick’s ministry itself was familiar with these institutions. -Therefore, I now offer into evidence Document 1643-PS, as Exhibit Number -USA-713. - -This document is a synopsis of correspondence between the Reich Ministry -of the Interior and its field offices, from November 1942 through August -1943, on the subject of the legal aspects of the confiscation of -property by the SS for the enlargement of the concentration camp at -Auschwitz. At the bottom of Page 1 and the top of Page 2 of the English -translation there appears a synopsis of the minutes of a meeting held on -December 17 and 18, 1942, concerning the confiscation of this property. -These minutes indicate that a further discussion was to be held on the -subject on 21 December 1942, between the representatives of the Reich -Minister of the Interior and the Reichsführer SS. On Page 2 there -appears also a summary of a teletype letter dated January 22, 1943 from -Dr. Hoffmann, representing the Reich Minister of the Interior, to the -District Governor in Katowice. - -The summary begins as follows, and I quote: - - “The territory of the Auschwitz Concentration Camp will be - changed into an independent estate”—which means an - administrative territory of itself. - -The fact that the Defendant Frick demonstrated personal interest in a -concentration camp became known through the testimony of Dr. Blaha, to -which I should like to refer the Tribunal, in which he testified that -Frick visited the Dachau Camp in 1943. - -The next aspect of the participation of the Defendant Frick in the Nazi -conspiracy concerns his promotion of racial persecution and racism, -involving the wiping out of the Jews. - -In addition to the many other responsibilities of Frick, this vast -administrative empire covered the entire area of the enactment and -administration of racial legislation. - -I refer again to Document 3475-PS, _The Manual for German Administrative -Officials_, previously introduced, and I refer to Pages 2 and 4, showing -that Frick was administrative and legislative guardian and protector of -the German race. - -In order to avoid any repetition, I shall not quote the various acts -drafted by Frick’s ministry against the Jews. The presentation -concerning persecution of the Jews made by Major Walsh before the -Christmas recess listed a number of decrees signed by Frick, including -the infamous Nuremberg Laws and the laws depriving Jews of their -property, their rights of citizenship and stigmatizing them with the -Yellow Star. - -But the activities of Frick’s ministry were not restricted to the -commission of such crimes, camouflaged in the form of legislation. The -police field offices, subordinate to Frick, participated in the -organization of such terroristic activities as the pogrom of November 9, -1938. - -I refer to a series of Heydrich’s orders and reports concerning the -organization of these pogroms or, as they were termed by Heydrich, -“spontaneous riots,” Documents 3051-PS and 3058-PS, which are already in -evidence as Exhibit Numbers USA-240 and 508. - -Three days after this pogrom of 9 November 1938 Frick, his -undersecretary Stuckart, and his subordinates, Heydrich and Daluege, -participated in a conference on the Jewish question under the -chairmanship of the Defendant Göring. At this meeting were discussed the -various measures which the individual governmental departments should -initiate against the Jews. A stenographic record of this meeting, -Document 1816-PS, is already in evidence as Exhibit Number USA-261. May -I briefly refer to the bottom of Page 23 of the English translation, -where we find Göring’s concluding remarks: - - “Also the Ministry of the Interior and the Police will have to - think over what measures have to be taken.” - -This remark shows that Göring regarded it as Frick’s duty to follow-up -by administrative devices the pogrom, organized by Frick’s own -subordinates. - -In the foregoing presentation we have shown that the Defendant Frick, as -a member of the conspiracy, devised the machinery of the State for -Nazism. In the following presentation we will show that Frick actively -supported the preparation of the Nazi State for war. - -May we begin this portion by showing that Frick was in sympathy with the -flagrant violations by Germany of her treaties of non-aggression. This -is clearly shown by the affidavit of Ambassador Messersmith, Document -2385-PS, previously introduced as Exhibit Number USA-68. I shall quote -only one sentence from this affidavit, Page 4, line 10. It reads as -follows: - - “High-ranking Nazis with whom I had to maintain official - contact, particularly men such as Göring, Goebbels, Ley, Frick, - Frank, Darré, and others repeatedly scoffed at my position as to - the binding character of treaties and openly stated to me that - Germany would observe her international undertakings only so - long as it suited Germany’s interests to do so.” - -In May 1935, by his appointment as Plenipotentiary General for the -administration of the Reich, Frick became one of the big three in charge -of preparing Germany for war. The other two members of the triumvirate -were the Chief of the OKW and the Plenipotentiary General for War -Economy, at that time the Defendant Schacht. Frick has admitted that he -held the position of Plenipotentiary General since 21 May 1935, the date -of the original secret Reich Defense Law. I refer to his statement of -positions, Document 2978-PS, Exhibit Number USA-8. - -His functions as Plenipotentiary General are outlined in the Reich -Defense Law of 4 September 1938, which was classified top military -secret and appears in our document book as 2194-PS, Exhibit Number -USA-36. Under this law of 1938, Paragraph 3, tremendous power was -concentrated in the hands of Frick as Plenipotentiary General for -Administration. In addition to the offices under his supervision as -Minister of the Interior, the law made the following offices subordinate -to Frick for the purpose of carrying out the directives of the law: -Reich Minister of Justice, Reich Minister of Education, Reich Minister -for Religious Matters, and the Reich Minister for Planning. - -Frick admitted the significant part he played in the preparations for -war as a member of the triumvirate in a speech made on 7 March 1940 at -the University of Freiburg. Excerpts appear in the document book as -Document Number 2608-PS, which I offer in evidence as Exhibit Number -USA-714. I think it would be helpful if the Tribunal would allow me to -read two short paragraphs, beginning at the top of Page 1 of the English -translation: - - “The organization of the non-military national defense fits - organically into the entire structure of the National Socialist - Government and administration. This state of affairs is not - exceptional, but a necessary and planned part of the National - Socialist order. Thus, the conversion of our administration and - economy to wartime conditions has been accomplished very quickly - and without any friction—avoiding the otherwise very dangerous - change of the entire structure of the State. - - “The planned preparation of the administration for the - possibility of a war has already been carried out during - peacetime. For this purpose the Führer appointed a - Plenipotentiary General for the Reich Administration and a - Plenipotentiary General for War Economy.” - -Many of Frick’s contributions to the preparation of the German State for -war are outlined in detail in the book _Dr. Wilhelm Frick and His -Ministry_, which is already in evidence as Document 3119-PS. May I quote -two short sentences from the top of Page 3 of the English translation: - - “Besides, the leading co-operation of the Reich Minister of the - Interior in the important field of ‘military legislation,’ and - thus in the establishment of our Armed Forces, has to be - particularly emphasized. After all, the Reich Minister of the - Interior is the civilian minister of the defense of the country, - who in this capacity, together with the Reich War Minister, not - only signed the military law of 21 May 1935 but, in his capacity - as Supreme Chief of the General and Inner Administration as well - as of the Police, has also received from the Führer and Reich - Chancellor important powers in the fields of the recruitment - system and of military supervision.” - -I have previously mentioned that as Minister of the Interior Frick was -responsible for the administrative policy in occupied and annexed -territories. It was his ministry which introduced the new German order -throughout the vast territory of Europe occupied by the German Armed -Forces, and the Defendant Frick exercised these powers. I request that -the Tribunal take judicial notice of three decrees signed by Frick, -introducing German law into Austria, the Sudetenland, and the Government -General of Poland respectively: - -Decree of 13 March 1938, _Reichsgesetzblatt_, 1938, Part I, Page 237, -Article 8, Document 2307-PS; decree of 1 October 1938, -_Reichsgesetzblatt_, 1938, Part I, Page 1331, Paragraph 8, Document -3073-PS; decree of 12 October 1939, _Reichsgesetzblatt_, 1939, Part I, -Page 2077, Paragraph 8 (1), Document 3079-PS. - -Frick’s ministry also arranged the selection and assignment of hundreds -of occupation officials for the Soviet territory even before the -invasion. This fact appears in a report by the Defendant Rosenberg of -April 1941 on preparations for the administration of occupied territory -in the East. May I refer to Page 2, Paragraph 2, of Document 1039-PS, -which has previously been introduced as Exhibit Number USA-146. - -One category of Frick’s contribution to the planning of, and preparation -for, aggressive war deserves special notice. This is the systematic -killing of persons regarded as useless to the German war machine, such -as the insane, the crippled, and aged, and foreign laborers who were no -longer able to work. These killings were carried out in nursing homes, -hospitals, and asylums. The Tribunal will recall that the Defendant -Frick, in his capacity as Reich Minister of the Interior, had -jurisdiction over public health and all institutions. May I refer again -briefly to the _Manual for German Administrative Officials_, Document -3475-PS, this time to Pages 3, 4, and 7 of the English partial -translation. There the following are mentioned as Frick’s jurisdictional -areas: “Health Administration,” “Social Hygiene,” “Racial Improvement -and Eugenics,” “Reich Plenipotentiary for Sanatoria and Nursing Homes.” - -As proof that Frick’s jurisdiction covered the death cases in these -institutions, I now offer in evidence Document 621-PS, Exhibit Number -USA-715. This is a letter of 2 October 1940 from the Chief of the Reich -Chancellery, Dr. Lammers, to the Reich Minister of Justice, informing -the latter that material concerning the death of inmates of nursing -homes had been transmitted to the Reich Minister of the Interior for -further action. In fact, the Defendant Frick not only had jurisdiction -of these establishments, but he was one of the originators of a secret -law organizing the murdering. - -I now offer Document 1556-PS, Exhibit Number USA-716. This is an -official report, dated December 1941, of the Czechoslovak War Crimes -Commission entitled, “Detailed Statement on the Murdering of Ill and -Aged People in Germany.” I should like to quote very brief excerpts from -this report. Paragraphs 1, 2, and 3 read as follows: - - “1) The murdering can be traced back to a secret law which was - released some time in the summer of 1940. - - “2) Besides the Chief Physician of the Reich, Dr. L. Conti, the - Reichsführer SS Himmler, the Reich Minister of the Interior Dr. - Frick, as well as other men, the following participated in the - introduction of this secret law:. . .”—Other names listed. - - “3) As I have already stated, there were—after careful - calculation—at least 200,000, mainly mentally deficient, - imbeciles, besides neurological cases and medically unfit - people—these were not only incurable cases—and at least 75,000 - aged people.” - -The most striking example of the continued killings in these -institutions, which were under Frick’s jurisdiction and operated under -the order of which Frick was a co-author, is the famous Hadamar case. - -Your Honor, may I ask you whether I may have 10 more minutes to end this -presentation, because the Chief Prosecutors agreed, as I understood, to -start tomorrow morning the case of the French, and I have just 10 more -minutes. - -THE PRESIDENT: Yes, very well. - -DR. KEMPNER: Thank you, Your Lordship. - -I refer to the Hadamar case. I now offer in evidence Document Number -615-PS, Exhibit Number USA-717. - -THE TRIBUNAL (Mr. Biddle): What is this last report that you spoke -about? Whose is it? - -DR. KEMPNER: The Czechoslovak War Crimes Commission report. After I have -shown the general scheme, of which Frick was a co-author, I would like -to show that Frick’s ministry was acquainted with the things that were -going on under his organizational authorship; and therefore I am quoting -now a letter to the fact that he was acquainted with these killings and -that these killings had even become public knowledge. For this reason I -offer in evidence Document 615-PS, Exhibit number USA-717. This document -is a letter from the Bishop of Limburg of 13 August 1941 to the Reich -Minister of Justice. Copies were sent to the Reich Minister of the -Interior—this means Frick—and to the Reich Minister for Church -Affairs. I quote: - - “About 8 kilometers from Limburg, in the little town of Hadamar, - on a hill overlooking the town, there is an institution which - had formerly served various purposes and of late had been used - as a nursing home; this institution was renovated and furnished - as a place in which, by consensus of opinion, the - above-mentioned euthanasia has been systematically practiced for - months, approximately since February 1941. The fact has become - known beyond the administrative district of Wiesbaden, because - death certificates from a Registry Hadamar-Moenchberg are sent - to the home communities. . . .” - -And I quote further: - - “Several times a week buses arrive in Hadamar with a - considerable number of such victims. School children of the - vicinity know this vehicle and say, ‘There comes the murder-box - again.’ After the arrival of the vehicle, the citizens of - Hadamar watch the smoke rise out of the chimney and are tortured - with the ever-present thought of the miserable victims, - especially when repulsive odors annoy them, depending on the - direction of the wind. - - “The effect of the principles at work here, are: Children call - each other names and say, ‘You’re crazy; you’ll be sent to the - baking oven in Hadamar.’ Those who do not want to marry or find - no opportunity say, ‘Marry, never! Bring children into the world - so they can be put into the bottling machine!’ You hear old - folks say, ‘Don’t send me to a state hospital! After the - feeble-minded have been finished off, the next useless eaters - whose turn will come are the old people.’ - - “. . . The population cannot grasp that systematic actions are - carried out which, in accordance with Paragraph 211 of the - German criminal code, are punishable with, death! . . . - - “Officials of the Secret State Police, it is said, are trying to - suppress discussion of the Hadamar occurrences by means of - severe threats. In the interest of public peace this may be well - intended. But the knowledge and the conviction and the - indignation of the population cannot be changed by it; the - conviction will be increased with the bitter realization that - discussion is prohibited with threats but that the actions - themselves are not prosecuted under penal law.” - -I quote the last paragraph of the letter, the postscript: - - “I am submitting copies of this letter to the Reich Minister for - Church Affairs.” Initialed by above. - -Nevertheless, the killings carried out in these institutions under the -secret law created by Defendants Frick, Himmler, and others continued -year after year. - -THE PRESIDENT: Was any answer made to that letter? - -DR. KEMPNER: No answer has been found. I have other letters which I am -not able to quote here today which have the remark, “Please don’t -answer.” - -THE PRESIDENT: “Please don’t answer”? - -DR. KEMPNER: That it should be unanswered. - -Nevertheless, the killings carried out in these institutions under the -secret law created by Defendants Frick, Himmler, and others continued -year after year. I offer in evidence Document 3592-PS, Exhibit Number -USA-718, which is a certified copy of the charge, specifications, -findings, and sentence of the U.S. Military Commission at Wiesbaden, -against the individuals who operated the Hadamar Sanatorium, where many -Russians and Poles were murdered. In this particular proceeding seven -defendants were charged with the murder in 1944 of 400 persons of Polish -and Russian nationality, and three of the defendants were sentenced to -be hanged; the other four were sentenced to confinement at hard labor. - -Now I come to the last page of my presentation, the final case of -Frick’s responsibility, which arises under his position as Reich -Protector of Bohemia and Moravia for the period from August 20, 1943, -until the end of the war. I think it is not necessary to say anything -about the functions of the Protector of Bohemia and Moravia; these broad -powers are known to the Court. - -THE PRESIDENT: Before you pass from 3592-PS, is it clear that that trial -relates to the killing of Polish and Russian nationals in nursing homes -or institutions of that sort? - -DR. KEMPNER: It is absolutely clear in this document, the sentence of -the Military Commission of Hadamar for Wiesbaden. - -THE PRESIDENT: Will you show me where that is? - -DR. KEMPNER: Document Number 3592-PS. I quote: - - “Specification: In that Alfons Klein, Adolf Wahlmann, Heinrich - Ruoff, Karl Willig, Adolf Merkle, Irmgard Huber, and Philipp - Blum, acting jointly and in pursuance of a common intent and - acting for and on behalf of the then German Reich, did, from or - about July 1, 1944, until about April 1, 1945, at Hadamar, - Germany, wilfully, deliberately, and wrongfully aid, abet, and - participate in the killing of human beings of Polish and Russian - nationality; their exact names and number being unknown, but - aggregating in excess of 400, and who were then and there - confined by the German Reich as an exercise of belligerent - control.” - -THE PRESIDENT: It doesn’t show that it came within the jurisdiction of -the Ministry of the Interior. - -DR. KEMPNER: Some time ago I referred to the manual of the German -administrative officials. This manual points out very clearly that -nursing homes, sanitaria, and similar establishments are under the -supervision of the Ministry of the Interior. - -THE PRESIDENT: I follow that, but this document does not refer to -nursing homes. That is what I was asking you. - -DR. KEMPNER: Yes, it says only Hadamar. It is, in fact, the Hadamar -Nursing Home. This portion wasn’t given by the Judge Advocate General, -but I am willing to give later a more extended document that Hadamar is -a common name for the so-called Hadamar killing mill, which is a nursing -home. - -Now I come to the last paragraph of my presentation. - -THE PRESIDENT: Wait a moment, Dr. Kempner. Counsel for the Defense -wishes to speak. There is a gentleman standing by your side. - -DR. PANNENBECKER: From Document 3592-PS, which was just read, I cannot -find that the Defendant Frick is connected with the document in any way. - -THE PRESIDENT: Surely it is not necessary for you to get up and repeat -what I have just said. - -DR. PANNENBECKER: I would like to add something else. - -THE PRESIDENT: I beg your pardon. - -DR. PANNENBECKER: I would like to add that the Defendant Frick since -August 1943 was not Minister of the Interior, and for that reason this -document cannot be used against him. - -THE PRESIDENT: And it does not give the date of the death of these -people. At any rate, until Dr. Kempner produces something to show that -this was a nursing home and in a time during which the Defendant Frick -was Minister of the Interior, the Tribunal will not treat it as being -evidence which implicates Frick. - -DR. KEMPNER: I quoted this killing in Hadamar for two reasons: First, -because the Ministry of the Interior has become acquainted, as I said -before, with the letter of the Bishop of Limburg, in 1941, when Frick -was Minister of the Interior and knew about these facts; and I quoted -the military decision for this reason, that these killings were still -going on in 1944 and 1945 under a law of which the Defendant Frick was -the co-author. - -The final phase of Frick’s responsibility arises under his position as -Reich Protector of Bohemia and Moravia for the period from 20 August -1943 until the end of the war. I have not to prove his function but I -shall mention one example, and I offer in evidence Document Number -3589-PS, Exhibit Number USA-720, which is a supplement to an official -Czechoslovak report on German crimes against Czechoslovakia. I would -like to quote only the following brief passage from this report: - - “During the tenure of office of Defendant Wilhelm Frick as Reich - Protector of Bohemia and Moravia from August 1943 until the - liberation of Czechoslovakia in 1945 many thousands of - Czechoslovak Jews were transported from the Terezin ghetto in - Czechoslovakia to the concentration camp at Oswieczim - (Auschwitz) in Poland and were there killed in the gas - chambers.” - -Brought from the territory over which Frick was Protector to the gas -chamber. - -Thus, we submit, it has been shown that the Defendant Frick was a key -conspirator from 1923 until the Allied armies crushed the resistance of -the Nazi Armed Forces. Frick’s guilt rests on his own record and on the -record of his co-defendants, for whom he is co-responsible under our -Charter. - -I would like to express my appreciation for the assistance rendered in -connection with the preparation of this case by my colleagues Mr. Karl -Lachmann, Lieutenant Frederick Felton, and Captain Seymour Krieger. - - [_The Tribunal adjourned until 17 January 1946 at 1000 hours._] - - - - - THIRTY-SIXTH DAY - Thursday, 17 January 1946 - - - _Morning Session_ - -THE PRESIDENT: I call upon the Counsel for France. - -M. FRANCOIS DE MENTHON (Chief Prosecutor for the French Republic): The -conscience of the peoples, who only yesterday were enslaved and tortured -both in soul and body, calls upon you to judge and to condemn the most -monstrous attempt at domination and barbarism of all times, both in the -persons of some of those who bear the chief responsibility and in the -collective groups and organizations which were the essential instruments -of their crimes. - -France, invaded twice in 30 years in the course of wars, both of which -were launched by German imperialism, bore almost alone in May and June -1940 the weight of armaments accumulated by Nazi Germany over a period -of years in a spirit of aggression. Although temporarily crushed by -superiority in numbers, material, and preparation, my country never gave -up the battle for freedom and was at no time absent from the field. The -engagements undertaken and the will for national independence would have -sufficed to keep France behind General De Gaulle in the camp of the -democratic nations. If, however, our fight for freedom slowly took the -shape of a popular uprising, at the call of the men of the Resistance, -belonging to all social classes, to all creeds and to all political -parties, it was because, while our soil and our souls were crushed by -the Nazi invader, our people refused not only to submit to wretchedness -and slavery, but even more they refused to accept the Hitlerian dogmas -which were in absolute contradiction to their traditions, their -aspirations, and their human calling. - -France, which was systematically plundered and ruined; France, so many -of whose sons were tortured and murdered in the jails of the Gestapo or -in concentration camps; France, which was subjected to the still more -horrible grip of demoralization and return to barbarism diabolically -imposed by Nazi Germany, asks you, above all in the name of the heroic -martyrs of the Resistance, who are among the greatest heroes of our -national legend, that justice be done. - -France, so often in history the spokesman and the champion of human -liberty, of human values, of human progress, through my voice today also -becomes the interpreter of the martyred peoples of western Europe, -Norway, Denmark, the Netherlands, Belgium, Luxembourg, peoples more than -all others devoted to peace, peoples who are among the noblest of -humanity by their aspirations and their worship of the values of -civilization, peoples who have shared our sufferings and have refused, -like us, to give up liberty and to sacrifice their souls before the -assault of Nazi barbarism. France here becomes their interpreter to -demand that real justice be done. - -The craving for justice of the tortured peoples is the basic foundation -of France’s appearance before Your High Tribunal. It is not the only -one, nor perhaps the most important one. More than toward the past, our -eyes are turned toward the future. - -We believe that there can be no lasting peace and no certain progress -for humanity, which still today is torn asunder, suffering, and -anguished, except through the co-operation of all peoples and through -the progressive establishment of a real international society. - -Technical procedures and diplomatic arrangements will not suffice. There -can be no well balanced and enduring nation without a common consent in -the essential rules of social living, without a general standard of -behavior before the claims of conscience, without the adherence of all -citizens to identical concepts of good and of evil. There is no domestic -law which, in defining and punishing criminal violations, is not founded -on criteria of a moral order which is accepted by all—in a word, -without a common morality. There can be no society of nations tomorrow -without an international morality, without a certain community of -spiritual civilization, without an identical hierarchy of values; -international law will be called upon to recognize and guarantee the -punishment of the gravest violations of the universally accepted moral -laws. This morality and this international criminal law, indispensable -for the final establishment of peaceful co-operation and of progress on -lasting foundations, are inconceivable to us today after the experience -of past centuries and more especially of these last years, after the -incredible and awesome sacrifices and the sufferings of men of all races -and of all nationalities, except as built on the respect of the human -person, of every human person whosoever he may be, as well as on the -limitation of the sovereignty of states. - -But in order that we may have the hope of founding progressively an -international society, through the free co-operation of all peoples, -founded on this morality and on this international law, it is necessary -that, after having premeditated, prepared, and launched a war of -aggression which has caused the death of millions of men and the ruin of -a great number of nations, after having thereupon piled up the most -odious crimes in the course of the war years, Nazi Germany shall be -declared guilty and her rulers and those chiefly responsible punished as -such. Without this sentence and without this punishment the people would -no longer have any faith in justice. When you have declared that crime -is always a crime, whether committed by one national entity against -another or by one individual against another, you will thereby have -affirmed that there is only one standard of morality, which applies to -international relations as well as to individual relations, and that on -this morality are built prescriptions of law recognized by the -international community; you will then have truly begun to establish an -international justice. - -This work of justice is equally indispensable for the future of the -German people. These people have been for many years intoxicated by -Nazism; certain of their eternal and deep seated aspirations, under this -regime, have found a monstrous expression; their entire responsibility -is involved, not only by their general acceptance but by the effective -participation of a great number of them in the crimes committed. Their -re-education is indispensable. This represents a difficult enterprise -and one of long duration. The efforts which the free peoples will have -to make in order to reintegrate Germany into an international community -cannot succeed in the end if this re-education is not carried out -effectively. The initial condemnation of Nazi Germany by your High -Tribunal will be a first lesson for these people and will constitute the -best starting point for the work of the revision of values and of -re-education which must be its great concern during the coming years. - -This is why France sees fit to ask the Tribunal to qualify juridically -as crimes, both the war of aggression itself and those acts in violation -of the morality and of the laws of all civilized countries which have -been committed by Germany in the conduct of the war, to condemn those -who are chiefly responsible, and to declare criminal the members of the -various groups and organizations which were the principal perpetrators -of the crimes of Nazi Germany. - -Your High Tribunal, established by the four nations signatory to the -agreement of 8 August 1945, acting in the interests of all the United -Nations, is qualified to mete out to Nazi Germany the justice of the -free peoples, the justice of liberated humanity. - -The establishment by our four governments of a Tribunal competent to -judge the crimes committed by those principally responsible in Nazi -Germany is based solidly on the principles and usage of international -law. As an eminent British jurist has recently reminded us: The practice -and the doctrine of international law have always given to belligerent -states the right to punish enemy war criminals who fall into their -power. It is an immutable rule of international law which no author has -ever contested. It is not a new doctrine. It was born with the birth of -international law. Francisco de Vittoria and Grotius laid its -foundations. The German authors of the 17th and 18th century developed -the doctrine. - -Thus Johann Jacob Moser, a positivist writer of the 18th century said: - - “Enemy soldiers who act in violation of international law, - should they fall into the hands of their adversaries, are not to - be treated as prisoners of war. They can suffer the same fate as - thieves or murderers.” - -The prosecutions which the United States, Great Britain, the Union of -Soviet Socialist Republics, and France are today carrying out against -the men and the organizations appearing before Your High Tribunal under -the Indictment read in Berlin on 18 October 1945, therefore have an -unimpeachable juridical foundation: The right, universally recognized by -international doctrine, of bringing war criminals before a punitive -jurisdiction. - -This right is strengthened by legal considerations that are perhaps even -more irrefutable. - -The principle of the territorial application of penal laws gives to -every state the right to punish crimes committed on its territory. The -application of the territorial principle covers the violations of -international law in territory subject to military occupation; these -violations are the chief source of war crimes. But the crimes committed -by the defendants were not directed against any given state, in any -given occupied territory. The National Socialist conspirators, against -whom we ask that justice be done, directed the policy of the Third -Reich. All the states which were occupied and temporarily enslaved by -their armed forces have been equally victims both of the illicit war -which they launched and of the methods used by them in the conduct of -this war. - -There is therefore no single state which could legitimately claim the -privilege of trying these criminals. Only an International Tribunal, -emanating from the combined United Nations, which were yesterday at war -with Germany, can rightly claim this privilege. This is why the -declaration on enemy atrocities made at the end of the Moscow Conference -in October 1943 had provided that the leaders of Nazi Germany would, -after the joint victory of the Allies, be brought before an -international jurisdiction. There is, therefore, nothing new from a -juridical point of view in the principle of justice which you are called -upon to render. Far from being merely an affirmation of power on the -part of the victors, your competence is founded on the recognition by -international law of the territorial jurisdiction of sovereign states. - -The transfer by these states of their juridical power to an -international court constitutes a notable progress in the setting up of -an inter-state punitive procedure. It does not constitute any innovation -in the legal foundation of the justice which you are called upon to -render. - -The penal qualification of the facts may seem more open to juridical -objections. This horrible accumulation and maze of Crimes against -Humanity both include and go beyond the two more precise juridical -notions of Crimes against Peace and War Crimes. But I think—and I will -revert later separately to Crimes against Peace and War Crimes—that -this body of Crimes against Humanity constitutes, in the last analysis, -nothing less than the perpetration for political ends and in a -systematic manner, of common law crimes such as theft, looting, ill -treatment, enslavement, murders, and assassinations, crimes that are -provided for and punishable under the penal laws of all civilized -states. - -No general objection of a juridical nature, therefore, appears to hamper -your task of justice. - -Moreover, the Nazis accused would have no ground to argue on alleged -lack of written texts to justify the penal qualification that you will -apply to their crimes. - -Has not the juridical doctrine of National Socialism admitted that in -domestic criminal law even the judge can and must supplement the law? -The written law no longer constituted the Magna Charta of the -delinquent. The judge could punish when, in the absence of a provision -for punishment, the National Socialist sense of justice was gravely -offended. - -How could a judge under the Nazi regime supplement the law? - -In his search for a semi-legal solution he acted in the manner of a -legislator. Proceeding from the firm basis of the National Socialist -program, he sought the rule which he would have proclaimed had he been a -legislator. The Defendant Frank, in his speech at the Juristentag in -1936, declared: - - “Say to yourself at each decision you have to make: How would - the Führer decide in my place? For every decision which you have - to make, ask yourself: Is this decision in accordance with the - National Socialist conscience of the German people? Thus you - will have a firm basis of conscience which will also bear for - all time, in your own sphere of decisions, the authority of the - Third Reich, based on the popular National Socialist unity and - on the recognition of the will of the Führer Adolf Hitler.” - -To those who tomorrow will render justice in the name of human -conscience, the Defendant Frank and his accomplices would be ill advised -to protest against a lack of written texts with appropriate sanctions, -especially since, in addition to various international conventions, -these texts, though they be not codified in an inter-state penal code, -exist in the penal code of every civilized country. - -Mr. Justice Jackson has given you the details of the various phases and -aspects of the National Socialist plot, its planning and its -development, from the first days of the conspiracy of Hitler and his -companions to rise to power, until the unleashing of innumerable crimes -in a Europe almost entirely at their mercy. - -Sir Hartley Shawcross then enumerated the various breaches of treaties, -of agreements, of promises which were the prelude to the many wars of -aggression of which Germany was guilty. - -I propose today to prove to you that all this organized and vast -criminality springs from what I may be allowed to call a crime against -the spirit, I mean a doctrine which, denying all spiritual, rational, or -moral values by which the nations have tried, for thousands of years, to -improve human conditions, aims to plunge humanity back into barbarism, -no longer the natural and spontaneous barbarism of primitive nations, -but into a diabolical barbarism, conscious of itself and utilizing for -its ends all material means put at the disposal of mankind by -contemporary science. This sin against the spirit is the original sin of -National Socialism from which all crimes spring. - -This monstrous doctrine is that of racialism: The German race, composed -in theory of Aryans, would be a fundamental and natural concept. Germans -as individuals do not exist and cannot justify their existence, except -insofar as they belong to the race or Volkstum, to the popular mass -which represents and amalgamates all Germans. Race is the matrix of the -German people; proceeding therefrom this people lives and develops as an -organism. The German may consider himself only as a healthy and vigorous -member of this body, fulfilling within the collectivity a definite -technical function; his activity and his usefulness are the exact gauge -and justification of his liberty. This national body must be “moulded” -to prepare it for a permanent struggle. - -The ideas and the bodily symbols of racialism form an integral part of -its political system. This is what is called authoritative or -dictatorial biology. - -The expression “blood” which appears so often in the writings of the -Nazi theorists denotes this stream of real life, of red sap which flows -through the circulatory system of every race and of all genuine culture -as it flows through the human body. To be Aryan is to feel this current -passing through oneself, this current which galvanizes and vivifies the -whole nation. Blood is this region of spontaneous and unconscious life -which reveals to each individual the tendencies of the race. The -intellectual life must never, in extolling itself, separate us from this -elemental basis of the sacred community. Let the individual go into -himself and he will receive by direct revelation “the commandments of -the blood.” Dreams, rites, and myths can lead to this revelation. In -other words the modern German can and must bear in himself the call of -the old Germany and find again its purity and its youthful -primitiveness. - -The body and soul unity (Leib Seele Einheit) of the individual must not -be disputed. One reads in the _Nationalsozialistische Monatshefte_ of -September 1938 that the body belongs to the State and the soul to the -Church and to God. It is no longer so. The whole of the individual, body -and soul, belongs to the Germanic nation and to the Germanic State. -National Socialism affirms, indeed, that the moral conscience is the -result of ortho-genetic evolution, the consequence of the most simple -physiological functions which characterize the individuality of the -body. Therefore, the moral conscience is also subject to heredity and -consequently subject to the postulate and to the demands of the race. - -True, this pseudo-religion does not repudiate the means of reason and of -technical activity, but subordinates them rigorously, brings them -infallibly to the racial myth. - -The individual has no value in himself and is important only as an -element of the race. This affirmation is logical if one admits that not -only physical and psychological characteristics, but also opinions and -tendencies are bound, not to the individual but to the nation. Anyone -whose opinions differ from the official doctrine is asocial or -unhealthy. He is unhealthy because in the Nazi doctrine the nation is -equivalent to the race. Now, the characteristics of the race are fixed. -An exception in the formation from the spiritual or moral point of view -constitutes a malformation in the same way as does a clubfoot or a -harelip. - -That is the totalitarian doctrine which reduces the individual to -nonexistence save by the race and for the race, without freedom of -action or any definite aim; totalitarian doctrine which excludes every -other concept, every other aspiration or requirement save those -connected with the race, totalitarian doctrine which eliminates from the -individual every other thought save that of the interest of the race. - -National Socialism ends in the absorption of the personality of the -citizen into that of the state and in the denial of any intrinsic value -of the human person. - -We are brought back, as can be seen, to the most primitive ideas of the -savage tribe. All the values of civilization accumulated in the course -of centuries are rejected, all traditional ideas of morality, justice, -and law give way to the primacy of race, its instincts, its needs and -interests. The individual, his liberty, his rights and aspirations, no -longer have any real existence of their own. - -In this conception of race it is easy to realize the gulf that separates -members of the German community from other men. The diversity of the -races becomes irreducible, and irreducible, too, the hierarchy which -sets apart the superior and the inferior races. The Hitler regime has -created a veritable chasm between the German nation, the sole keeper of -the racial treasure, and other nations. - -Between the Germanic community and the degenerate population of an -inferior variety of men there is no longer any common measure. Human -brotherhood is rejected, even more than all the other traditional moral -values. - -How can one explain how Germany, fertilized through the centuries by -classic antiquity and Christianity, by the ideals of liberty, equality, -and social justice, by the common heritage of western humanism to which -she had brought such noble and precious contributions, could have come -to this astonishing return to primitive barbarism? - -In order to understand it and to try to eradicate forever from the -Germany of tomorrow the evil by which our entire civilization came so -near to perishing, it must be recalled that National Socialism has deep -and remote origins. - -The mysticism of racial community was born of the spiritual and moral -crises which Germany underwent in the 19th century and which abruptly -broke out again in its economic and social structure through a -particularly rapid industrialization. National Socialism is in reality -one of the peaks of the moral and spiritual crisis of modern humanity, -convulsed by industrialization and technical progress. Germany -experienced this metamorphosis of economic and social life not only with -an extraordinary brutality but at a time when she did not yet possess -the political equilibrium and the cultural unity which the other -countries of western Europe had achieved. - -While the inner and spiritual life was weakening, a cruel uncertainty -dominated human minds, an uncertainty admirably defined by the term -“Ratlosigkeit,” which cannot be translated into French but which -corresponds to our popular expression, “One no longer knows in what -saint to believe.” This is the spiritual cruelty of the 19th century -which so many Germans have described with a tragic evocative power. A -gaping void opens before the human soul, disoriented by the search for -new values. - -The natural sciences and the sciences of the mind give birth to absolute -relativism; to a deep scepticism regarding the lasting quality of values -on which Western humanism has been nurtured for centuries. A vulgar -Darwinism prevails, bewilders, and befuddles the brain. The Germans -cease to see in human groups and races anything but isolated nuclei in -perpetual struggle with one another. - -It is in the name of decadence that the German spirit condemns humanism. -It sees in the value of humanism and in the elements that derive from it -only “maladies,” which it attributes to an excess of intellectualism and -abstraction of everything that restrains men’s passions by subjecting -them to common norms. From this point on, classic antiquity is no longer -considered in its aspects of ordered reason or of radiant beauty. In it -one sees only civilizations violently enamored of struggles and -rivalries, linked especially to Germany through their so-called Germanic -origin. - -Sacerdotal Judaism and Christianity in all its forms are condemned as -religions of honor and brotherhood, calculated to kill the virtues of -brutal force in man. - -A cry is raised against the democratic idealism of the modern era, and -then against all the internationals. - -Over a people in this state of spiritual crisis and of negations of -traditional values the culminating philosophy of Nietzsche was to -exercise a dominant influence. In taking the will to power as a point of -departure, Nietzsche preached, certainly not inhumanity but -superhumanity. If there is no final cause in the universe, man, whose -body is matter which is at once feeling and thinking, may mould the -world to his desire, choosing as his guide a militant biology. If the -supreme end of humanity is a feeling of victorious fullness which is -both material and spiritual, all that remains is to insure the selection -of physical specimens, who become the new aristocracy of masters. - -For Nietzsche the industrial evolution necessarily entails the rule of -the masses, the automatism and the shaping of the working multitudes. -The state endures only by virtue of an elite of vigorous personalities -who, by the methods so admirably defined by Machiavelli, which alone are -in accord with the laws of life, will lead men by force and by ruse -simultaneously, for men are and remain wicked and perverse. - -We see the modern barbarian arise. Superior by his intelligence and his -wilful energy, freed of all conventional ethics, he can enforce upon the -masses obedience and loyalty by making them believe in the dignity and -beauty of labor and by providing them with that mediocre well-being with -which they are so easily content. An identical force will, therefore, be -manifest in the leaders, by the harmony between their elementary -passions and the lucidity of their organizing reason, and in the masses, -whose dark or violent instincts will be balanced by a reasoned activity -imposed with implacable discipline. - -Without doubt, the late philosophy of Nietzsche cannot be identified -with the brutal simplicity of National Socialism. Nevertheless, National -Socialism was wont to glorify Nietzsche as one of its ancestors. And -justly so, for he was the first to formulate in a coherent manner -criticism of the traditional values of humanism; and also, because his -conception of the government of the masses by masters knowing no -restraint is a preview of the Nazi regime. Besides, Nietzsche believed -in the sovereign race and attributed primacy to Germany, whom he -considered endowed with a youthful soul and unquenchable resources. - -The myth of racial community which had arisen from the depths of the -German soul, unbalanced by the moral and spiritual crises endured by -modern humanity, allied itself with the traditional theses of -Pan-Germanism. - -Already Fichte’s speeches to the German nation exalting Germanism -clearly reveal one of the main ideas of Pan-Germanism, namely, that -Germany visualizes and organizes the world as it should be visualized -and organized. - -The apology for war is equally ancient. It dates back to Fichte and -Hegel, who had affirmed that war, through its classifying of peoples, -alone establishes justice among nations. For Hegel, in _Grundlinien der -Philosophie des Rechtes_, Page 433, states: “The moral health of nations -is maintained thanks to war, just as the passing breeze saves the sea -from stagnation.” - -The living space theory appears right at the beginning of the 19th -century. It is a well-known geographical and historical demonstration -which such people as Ratzel, Arthur Dix, and Lamprecht will take up -later on, comparing conflicts between peoples to a savage fight between -conceptions and realizations of space and declaring that all history is -moving towards German hegemony. - -State totalitarianism also has ancient roots in Germany. The absorption -of individuals by the State was hoped for by Hegel, who wrote: - - “Individuals disappear in the presence of the universal - substance”—that is the people or state idea—“and this - substance itself shapes the individuals in accordance with its - own ends.” - -Therefore, National Socialism appears in present-day Germany neither as -a spontaneous formation which might be due to the consequence of the -defeat in 1918, nor as a mere invention of a group of men determined -upon seizing power. National Socialism is the ultimate result of a long -evolution of doctrines; the exploitation by a group of men of one of the -most profound and most tragic aspects of the German soul. But the crime -committed by Hitler and his companions will be precisely that of -unleashing and exploiting to its extreme limit the latent force of -barbarity, which existed before him in the German people. - -The dictatorial regime instituted by Hitler and his companions carries -with it for all Germans the “soldier-life,” that is to say, a kind and a -system of life entirely different from that of the bourgeois West and -the proletarian East. It amounted to a permanent and complete -mobilization of individual and collective energies. This integral -militarization presupposed complete uniformity of thoughts and actions. -It is a militarization which conforms to the Prussian tradition of -discipline. - -Propaganda instils into the masses faith, drive, and a thirst for the -greatness of the community. Those consenting masses find an artificial -derivative for their moral anguish and their material cares in theories -of race and in a mystical exaltation held in common. Souls which -yesterday were wounded and rent asunder once more find themselves united -in a common mould. - -The Nazi educational system moulds new generations which show no trace -of traditional moral teachings, those being replaced by the cult of race -and of strength. - -The race myth tends to become a real national religion. Many writers -dream of substituting for the duality of religious confessions a -world-wide dogma of German conception, which would amount to being the -religion of the German race as a race. - -In the middle of the 20th century Germany goes back, of her own free -will, beyond Christianity and civilization to the primitive barbarity of -ancient Germany. She makes a deliberate break with all universal -conceptions of modern nations. The National Socialist doctrine, which -raised inhumanity to the level of a principle, constitutes, in fact, a -doctrine of disintegration of modern society. - -This doctrine necessarily brought Germany to a war of aggression and to -the systematic use of criminality in the waging of war. - -The absolute primacy of the German race, the negation of any -international law whatsoever, the cult of strength, the exacerbation of -community mysticism made Germany consider recourse to war, in the -interests of the German race, logical and justified. - -This race would have the incontestable right to grow at the expense of -nations considered decadent. Germany is about to resume even in the -middle of the 20th century the great invasions of the barbarians. -Moreover, most naturally and logically, she will wage her war in -barbarous fashion, not only because National Socialist ethics are -indifferent to the choice of means, but also because war must be total -in its means and in its ends. - -Whether we consider a Crime against Peace or War Crimes, we are -therefore not faced by an accidental or an occasional criminality which -events could explain without justifying it. We are, in fact, faced by -systematic criminality, which derives directly and of necessity from a -monstrous doctrine put into practice with deliberate intent by the -masters of Nazi Germany. - -From the National Socialist doctrine there arises directly the -immediately pursued perpetration of Crimes against Peace. As early as -February 1920, in the first program of the National Socialist Party, -Adolf Hitler had already outlined the future basis of German foreign -policy. But it was in 1924 in his Landsberg prison, while writing _Mein -Kampf_, that he gave a fuller development to his views. - -According to _Mein Kampf_ the foreign policy of the Reich must have as -its first objective to give back to Germany her “independence and her -effective sovereignty” which is clearly an allusion to the articles of -the Treaty of Versailles, referring to disarmament and the -demilitarization of the Rhineland. It would then endeavor to reconquer -the territories lost in 1919, and 15 years before the outbreak of the -second World War the question of Alsace and Lorraine is clearly raised. -It would also have to seek to extend German territories in Europe, the -frontiers of 1914 being “insufficient” and it would be indispensable to -extend them by including “all Germans” in the Reich, beginning with the -Germans of Austria. - -After having reconstituted Greater Germany, National Socialism will do -everything necessary to “insure the means of existence” on this planet -to the race forming the state, by means, of establishing a “healthy -relation” between the size of the population and the extent of the -territory. By “healthy relation” is meant a situation such that the -subsistence of the people will be assured by the resources of its own -territory. “A sufficient living space on this earth will alone insure to -a people its liberty of existence.” - -But so far that is but a stage. - - “When a people sees its subsistence guaranteed by the extent of - its territory, it is nevertheless necessary to think of insuring - the security of that territory”—because the power of a state - “arises directly out of the military value of its geographical - situation.” - -Those ends, Hitler adds, cannot be reached without war. It will be -impossible to obtain the re-establishment of the frontiers of 1914 -“without bloodshed.” How much more impossible it would be to acquire -living space if one did not prepare for a “clash of arms.” - - “It is in Eastern Europe, at the expense of Russia and the - neighboring countries that Germany must seek new territories. We - are stopping the eternal march of the Germans towards the South - and the West of Europe and are casting our eyes towards the - East.” - -But before anything, declares Hitler, it is necessary to crush France’s -tendency towards hegemony, and to have a “final settlement” with this -“mortal enemy.” “The annihilation of France will enable Germany to -acquire afterwards territories in the East.” The “settlement of -accounts” in the West is but a prelude. “It can be explained only as the -securing of our rear defenses in order to extend our living space in -Europe.” - -Henceforth, also, Germany will have to prevent the existence near her -territory of a “military power” which might become her rival and to -oppose “by all means” the formation of a state which possibly might -acquire sufficient strength to do so; and if that state exists already, -to “destroy” it is, for Germans, not only a right but a duty. “Never -permit”—recommends Hitler to his compatriots, in a passage which he -calls his political testament—“the formation in Europe of two -continental powers. In every attempt to set up a second military power -on Germany’s borders, even if it were in the shape of a state which -might possibly acquire that power, you must see an attack on Germany.” - -War to reconquer the territories lost in 1919, war to annihilate the -power of France, war to acquire living space in eastern Europe, war, -finally, against any state which would be or which might become a -counter-weight to the hegemony of the Reich, that is the plan of _Mein -Kampf_. - -In this way, from the inception of National Socialism, he does not -recoil from any of the certainties of war entailed by the application of -his doctrines. - -In fact, from the moment of his accession to power, Hitler and his -companions devoted themselves to the military and diplomatic preparation -of the wars of aggression which they had resolved to wage. - -It is true that, even before the accession to power of the National -Socialists, Germany had shown her determination to reconstruct her armed -forces, notably in 1932 when, on the occasion of the Disarmament -Conference, she demanded “equality of rights” as regards armament; and -Germany had already secretly violated the articles of the Treaty of -Versailles regarding disarmament. But after the arrival of Hitler to -power, German rearmament was to be carried out at a vastly different -rate. - -On 14 October 1933 the Reich left the Disarmament Conference and made -known 5 days later its decision to withdraw from the League of Nations -under the pretext that it was not granted equality of rights in the -matter of armament. France had, however, expressed her readiness to -accept equality of rights if Germany would first consent to an -international control which would enable the actual level of existing -armaments to be determined. Germany very obviously did not wish to agree -to this condition, for an international control would have revealed the -extent of the rearmament already carried out in secret by the Reich in -violation of the treaties. As a matter of fact, at a cabinet meeting -which took place on 13 October 1933, the minutes of which have been -found, Hitler had declared that he wished to “torpedo” the Disarmament -Conference. Under these conditions it is not surprising that the -attempts made to resume negotiations with Germany after her withdrawal -ended in failure. - -When 18 months later Hitler’s government decided to re-establish -conscription and to create immediately an army which would, on a peace -establishment, comprise 36 divisions, as well as to create a military -air force, it was breaking the engagements which Germany had undertaken -by the Treaty of Versailles. However, on 3 February 1935, France and -Great Britain had suggested to the Reich that it resume its place in the -League of Nations and prepare a general disarmament convention which -would have been substituted for the military Articles of the Treaty. At -the moment when Hitler was on the point of obtaining, by means of free -negotiation, the abolition of the “unilateral burden” which, as he said, -the Treaty of Versailles laid on Germany, he preferred to escape any -voluntary limitation and any control of armaments by a deliberate -violation of a treaty. - -When it decided on 7 March 1936 to denounce the Treaty of Locarno and to -reoccupy at once the demilitarized Rhineland area, thereby violating -Articles 42 and 43 of the Treaty of Versailles, the German government -alleged that in so doing it was replying to the pact concluded and -signed on 2 May 1935, between France and the U.S.S.R., and ratified on -27 February 1936 by the French Chamber of Deputies. It alleged that this -pact was contrary to the Treaty of Locarno. This was a mere pretext -which was taken seriously by nobody. The Nazi leaders wanted to start -building the Siegfried Line as soon as possible in the demilitarized -Rhineland area, in order to thwart a military intervention which France -might attempt in order to assist her Eastern allies. The decision of 7 -March 1936 was the prelude to the aggressions directed against Austria, -Czechoslovakia, and Poland. - -Internally, rearmament was achieved thanks to a plan of economic and -financial measures which affected every aspect of national life. The -entire economic system was directed towards the preparation of war. The -members of the government proclaimed priority of armaments manufacture -over all other branches of production. Policy took precedence over -economics. The Führer declared: - - “The people must be resigned for some time to having its butter, - fats, and meat rationed in order that rearmament may proceed at - the desired rate.” - -The German people did not protest against this order. The state -intervened to increase the production of substitute goods which would -help to relieve the insufficiency of raw materials and would enable the -Reich, in the event of war, to maintain the level of production -necessary for the Army and Air Force, even if imports were to become -difficult or impossible. The Defendant Göring, in September 1936, -inspired the drawing up and directed the application of the Four Year -Plan which put Germany’s economic system on a war footing. The expenses -entailed by this rearmament were assured thanks to the new system of -work treaties. The Defendant Schacht during the 3½ years he was at the -head of the Reich Ministry of Economics brought into being this -financial machinery and thereby played an outstanding role in military -preparations as he himself recalled, after he left the Ministry, in a -speech that he made in November 1938 at the Economic Council of the -German Academy. - -Germany thus succeeded in 3 years’ time in recreating a great army and -in creating on the technical plane an organization entirely devoted to -future war. On 5 November 1937, when expounding his plan for home policy -to his collaborators, Hitler stated that rearmament was practically -completed. - -THE PRESIDENT: Would that be a convenient time to break off? We will -adjourn, then, for 10 minutes. - - [_A recess was taken._] - -M. DE MENTHON: While Hitler’s government was giving to the Reich the -economic and financial means for a war of aggression he was carrying on -simultaneously the diplomatic preparation of that war by endeavoring to -reassure the threatened nations during the period which was -indispensable to him for rearmament and by endeavoring also to keep -apart his eventual adversaries one from the other. - -In a speech on 17 May 1933, Hitler, while asking for a revision of the -Treaty of Versailles, declared that he had no intention of obtaining it -by force. He stated that he admitted “the legitimate exigencies of all -peoples” and asserted that he did not want to “germanize those who are -not Germans.” He wished to “respect the rights of other nationalities.” - -The German-Polish Non-Aggression Pact, concluded on 26 January 1934, -which was to reassure for a time the Warsaw government and to lull it -into a state of false security, was principally intended to bar French -policy from any action. In a work published in 1939 entitled -_Deutschlands Aussenpolitik 1933-39_, an official writer, Professor Von -Freytagh-Loringhoven, wrote that the essential purpose of this pact was -to paralyze the action of the Franco-Polish alliance and to “overthrow -the entire French system.” - -On 26 May 1935, 10 days after denouncing the military clauses of the -Treaty of Versailles, Germany started negotiations with Great Britain -which were to result in the Naval Agreement of 18 June 1935, -negotiations which were intended to reassure British public opinion by -showing it that, while the Reich was desirous of becoming once more a -great military power, it was not thinking of reconstituting a powerful -fleet. - -Immediately following the plebiscite of 13 January 1935 which decided -the return of the Saar territory to the Reich, Hitler formally declared -“that he would make no further territorial demands whatsoever on -France.” - -He was to use the same tactics towards France until the end of 1938. On -6 December 1938 Ribbentrop came to Paris to sign the Franco-German -Declaration which recognized “the frontiers as definite” between the two -countries, and which stated that the two governments were resolved: - - “. . . under reservation of their particular relations with - third powers, to engage in mutual consultation in the event of - questions of common interests which might show a risk of leading - to international difficulties. . . .” - -He was then still hoping, to quote the French Ambassador in Berlin, to -“stabilize peace in the West in order to have a free hand in the East.” - -Did not Hitler make the same promises to Austria and Czechoslovakia? He -signed, on 11 July 1936, an agreement with the Viennese government -recognizing the independence of Austria, an independence which he was to -destroy 20 months later. By means of the Munich Agreement on 29 -September 1938, he promised subsequently to guarantee the integrity of -the Czech territory which he invaded less than 6 months later. - -Nevertheless, as early as 5 November 1937, in a secret conference held -at the Reich Chancellery, Hitler had made known to his collaborators -that the hour had come to resolve by force the problem of the living -space required by Germany. The diplomatic situation was favorable to -Germany. She had acquired superiority of armaments which ran the risk of -being only temporary. Action should be taken without further delay. - -Thereupon started the series of aggressions which have already been -detailed before this Court. It has also been shown to you that these -various aggressions have been made in violation of international -treaties and of the principles of international law. As a matter of -fact, German propaganda did not challenge this at the time. It merely -stated that those treaties and those principles “had lost any reality -whatever with the passage of time.” In other words, it simply denied the -value of the word once pledged and asserted that the principles which -formed the basis of international law had become obsolete. This is a -reasoning which is in line with the National Socialist doctrines which, -as we have seen, do not recognize any international law and state that -any means is justifiable if it is of a nature to serve the interests of -the German race. - -However, it is worth while examining the various arguments which German -propaganda made use of to justify the long-planned aggression. - -Germany set forth, first of all, her vital interests. Can she not be -excused for neglecting the rules of international law when she was -engaged in a struggle for the existence of her people? She needed -economic expansion. She had the right and the duty to protect the German -minorities abroad. She was obliged to ward off the encirclement which -the Western powers were directing against the Reich. - -Economic expansion was one of the reasons which Hitler put forward, even -to his direct associates, in the secret conferences he held in 1937 and -1939 in the Reich Chancellery. “Economic needs,” he said “are the basis -of the policy of expansion of Italy and of Japan. They also guide -Germany.” - -But would not Hitler’s Germany have been able to seek to satisfy these -needs by peaceful means? Did she think of obtaining new possibilities -for her foreign commerce through commercial negotiations? Hitler did not -stop at such solutions. To solve the German economic problems, he saw -only one way—the acquisition of agricultural territories—undoubtedly -because he was incapable of conceiving of these problems under any other -form than that of “war economy.” If he affirmed the necessity of -obtaining this “agricultural space”—to use his own words—it was -because he saw therein the means of obtaining for the German population -the food resources which would protect it against the consequences of a -blockade. - -The duty of protecting “the German minorities abroad” was the favorite -theme which Germany’s diplomacy made use of from 1937 to 1939. It could -obviously not serve as an excuse for the destruction of the -Czechoslovakian State or for the establishment of the “German -Protectorate of Bohemia-Moravia.” The fate of the “Sudeten Germans,” -that of the “Danzig Germans” was the Leitmotiv of the German press, of -the Führer’s speeches, and of the publications of Ribbentrop’s -propaganda. Thus, is it necessary to recall that in the secret -conference of 5 November 1937, in which Hitler draws up for his -associates the plan of action to be carried out against the -Czechoslovakian State, he does not say one word about the “Sudeten -Germans” and to recall that in the conference of 23 May 1939 he declares -that Danzig is not the “principal point” of the German-Polish -controversy? The “right of nationalities” was, therefore, in his mind -only a propaganda method intended to mask the real design, which was the -conquest of “living space.” - -The encirclement directed by the Western Powers against the Reich is the -argument which Hitler used when, on 28 April 1939, he denounced the -Naval Agreement which he had concluded in 1935 with Great Britain. This -thesis of encirclement occupied a great deal of space in the German -_White Book of 1939_, relative to the origins of the war; but is it -possible to speak of encirclement when Germany had, in May 1939, -obtained the alliance with Italy and when, on 23 August 1939, she -concluded the German-Russian Pact, and can we forget that the diplomatic -efforts of France and of Great Britain in respect to Greece, Romania, -Turkey, Poland, are subsequent both to the destruction of the -Czechoslovakian State and to the beginning of the German-Polish -diplomatic conflict. Had not the British Prime Minister declared on 23 -March 1939 before the House of Commons that British policy had only two -aims: To prevent Germany from dominating Europe and “to oppose a method -which, by the threat of force, obliged the weak states to renounce their -independence”? What Hitler Germany called “encirclement” was simply a -fence, belatedly built in an attempt to check measureless ambitions. - -But German propaganda did not limit itself to this. Did we not see one -of its spokesmen point to the contrast between the passivity of France -and Great Britain in September 1938 and the resistance which they showed -in 1939 to the Hitler policy, wherefrom it was concluded that the peace -would have been maintained if the Western Powers had exercised pressure -on Poland to bring it to accept the German demands, as they had -exercised pressure the previous year on Czechoslovakia? A strange -argument, which is equivalent to saying that Germany would have been -willing not to make war if all the Powers had yielded to her will! Is it -an excuse for the perpetrators of these violations that France and Great -Britain had for a long time opposed the violations of international law -by Germany merely by platonic protests? - -Public opinion in France and Great Britain, deceived by Hitler’s -declarations, may have believed that the designs of National Socialism -contemplated only settling the fate of German minorities; it may have -hoped that there was a limit to German ambitions; and, ignorant as they -were of the secret plans of which we have proof today, France and Great -Britain allowed Germany to rearm and reoccupy the Rhineland at the very -moment when, according to the testimony of Ribbentrop himself, a -military reaction on their part would, in March 1936, have placed the -Reich in a critical situation. They permitted the aggression of March -and September 1938, and it required the destruction of the -Czechoslovakian State to make the scope of the German plans clear to the -Allies. How can one be astonished that their attitude then changed and -they decided to resist the German plans? How could one still claim that -the peace could have been “bought” in August 1939 by concessions, since -the German secret documents prove that Hitler was determined to attack -Poland as early as May 1939, and that he would have been “deeply -disappointed” if she had yielded, and that he wished a general war? - -In reality, the war was implied by the coming to power of the National -Socialists. Their doctrine inevitably led to it. - -As Sir Hartley Shawcross forcefully brought out before Your High -Tribunal, a war of aggression is self-evidently a violation of -international law and, more particularly, a violation of the General -Treaty for the Renouncement of War of 27 August 1928, under the name of -the Paris Pact, or the Kellogg-Briand Pact, of which Germany is one of -the signatories. This pact continues to constitute a part of -international law. - -May I reread Article I of this Treaty? - - “The High Contracting Parties solemnly declare, in the name of - their respective peoples, that they condemn recourse to war for - the solution of international controversies and renounce it as - an instrument of national policy in their reciprocal relations.” - -War of aggression thus ceased to be lawful in 1928. - -Sir Hartley Shawcross told you, with eloquence, that the Paris Pact, a -new law of civilized nations, was the foundation of a better European -order. The Paris Pact, which remains the fundamental charter of the law -of war, indeed marks an essential step in the evolution of the relations -between states. The Hague Conventions had regulated the “law of the -conduct of war.” They had instituted the obligation of recourse to -arbitration as a preliminary to any conflict. They had, essentially, -established a distinction between acts of war to which international law -and custom allow recourse and those which it prohibits. The Hague -Convention did not even touch upon the principle of war which remained -outside the legal sphere. This is, in fact, what is brought into being -by the Paris Pact, which regulates “the right of declaration of war.” -Since 1928 the international law of war has emerged from its framework -of regulations. It has gone beyond the empiricism of the Hague -Convention to qualify the legal foundation of recourse to force. Every -war of aggression is illegal, and the men who bear the responsibility -for bringing it about place themselves by their own will beyond the law. - -What does this mean, if not that all acts committed as a consequence of -this aggression for the carrying on of the struggle thus undertaken will -cease to have the juridical character of acts of war? - -May I quote this well-known passage from Pascal? - - “Why do you kill me? Don’t you live on the other side of the - water? My friend, if you lived on this side, I would be an - assassin, and it would be unjust to kill you as I am doing, but - since you live on the other side, I am an honorable man, and - this is just.” - -Acts committed in the execution of a war are assaults on persons and -goods which are themselves prohibited but are sanctioned in all -legislations. The state of war could make them legitimate only if the -war itself was legitimate. Inasmuch as this is no longer the case, since -the Kellogg-Briand Pact, these acts become purely and simply common law -crimes. As Mr. Justice Jackson has already argued before you with -irrefutable logic, any recourse to war is a recourse to means which are -in themselves criminal. - -This is the whole spirit of the Kellogg-Briand Pact. It was intended to -deprive the states which accepted it of the right of having recourse, in -their national interests, to a series of acts directed against the -physical persons or against the properties of nationals of a foreign -power. Given this formal commitment, those who have ignored it have -given the order to commit acts prohibited by the common law of civilized -states, and there is here involved no special rule of international law -like that which existed previously and which left the said acts of war -untouched by any criminal qualifications. - -A war perpetrated in violation of international law no longer really -possesses the juridical character of a war. It is truly an act of -gangsterism, a systematically criminal undertaking. - -This war, or this would-be-war, is in itself not only a violation of -international law, but indeed a crime, since it signifies the launching -of this systematically criminal enterprise. - -Inasmuch as they could not legally have recourse to force, those who -dictated it, and who were the very organs of the state bound by -treaties, must be considered as the very source of the numerous assaults -upon life and property that are severely punished by all penal law. - -One cannot, of course, deduce from the preceding the individual -responsibility of all the perpetrators of acts of violence. It is -obvious that, in an organized modern state, responsibility is limited to -those who act directly for the state, they alone being in a position to -estimate the lawfulness of the orders given. They alone can be -prosecuted and they must be prosecuted. International law is -sufficiently powerful that the prestige of the sovereignty of states -cannot reduce it to impotence. It is not possible to maintain that -crimes against international law must escape repressive action because, -on the one hand, the state is an entity to which one cannot impute -criminal intention and upon which one cannot inflict punishment and, on -the other, no individual can be held responsible for the acts of the -state. - -On the other hand, it cannot be objected that, despite the illegality of -the principle of recourse to force by Germany, other states have -admitted that war existed and speak of the application of international -law in time of war. It must, in fact, be noted that, even in the case of -civil war, the parties have often invoked these rules which, to a -certain extent, canalize the use of force. This in no wise implies -acquiescence in the principle of its use. Moreover, when Great Britain -and France communicated to the League of Nations the fact that a state -of war existed between them and Germany as of 3 September 1939, they -also declared that in committing an act of aggression against Poland, -Germany had violated its obligations, assumed not only with regard to -Poland but also with regard to the other signatories of the Paris Pact. -From that moment on, Great Britain and France took cognizance, in some -way, of the launching of an illegal war by Germany. - -Recourse to war implies preparation and decision; it would be futile to -prohibit it, if one intended to inflict no chastisement upon those who -knowingly had recourse to it, though they had the power of choosing a -different path. They must, indeed, be considered the direct instigators -of the acts qualified as crimes. - -It seems to us that it is evident from all this that the Charter of 8 -August only established a jurisdiction to judge what was already an -international crime, not only before the conscience of humanity but also -according to international law, even before the Tribunal was -established. - -If it is not contested that a crime has really been committed, is it -possible to contest the competence of the International Tribunal to -judge it? - -There can, indeed, be no doubt that the states bound by the treaty of -1928 had assumed international responsibilities towards the -co-signatories, should they act contrary to the agreements undertaken. - -International responsibility normally involves the collective state, as -such, without in principle exposing the individuals who have been the -perpetrators of an illegal act. It is within the framework of the state, -with which an international responsibility rests, that as a general rule -the conduct of the men who are responsible for this violation of -international law may be appraised. They are subject, as the case may -be, to political responsibility or to penal responsibility before the -assemblies or the competent jurisdictions. - -The reason for this is that normally the framework of the state -comprises the nationals: The order of the state assumes the exercise of -justice over a given territory and with regard to the individuals whom -it includes, and the failure of the state in the exercise of this -essential mission is followed by the reaction and the protests of third -powers, notably when their own nationals are involved. - -But in the present situation there is no German State. - -Since the Surrender Declaration of 5 May 1945 and until the day when a -government shall have been established by the agreement of the four -occupying Powers, there will be no organ representing the German State. -Under these conditions, it cannot be considered that a German State -juridical order exists, which is capable of bringing the consequences -arising from a recognition of the responsibility of the Reich for the -violation of the Kellogg-Briand Pact to bear upon those individuals who -are, in fact, the perpetrators of this violation in their capacity as -organs of the Reich. - -Today supreme authority is being exercised over the whole German -territory, in regard to the entire German population, by the Four Powers -acting jointly. It must, therefore, be allowed that the states which -exercise supreme authority over the territory and population of Germany -can submit this guilt to a Court’s jurisdiction. Otherwise, the -proclamation that Germany has violated the solemn covenant which it has -undertaken, becomes meaningless. - -There is also involved a penal responsibility incurred for a series of -acts, qualified as crimes, which were committed against nationals of the -United Nations. These acts, which are not juridically acts of war but -which have been committed as such upon the instigation of those who bear -the responsibility for the launching of the so-called war, who have -committed aggression upon the lives and the property of nationals of the -United Nations, may, by virtue of the territorial principle as we have -shown above, be brought before a jurisdiction constituted for this -purpose by the United Nations, even as war crimes, properly speaking, -are now being brought before the tribunals of each country whose -nationals have been victims hereof. - -Crimes committed by the Nazis in the course of the war, like the war of -aggression itself, will be, as Mr. Justice Jackson has demonstrated to -you, the manifestation of a concerted and methodically executed plan. - -These crimes flow directly, like the war itself, from the National -Socialist doctrine. This doctrine is indifferent to the moral choice of -means to attain a final success, and for this doctrine the aim of war is -pillage, destruction, and extermination. - -Total war, totalitarian war in its methods and its aims, is dictated by -the primacy of the German race and the negation of any other value. The -Nazi conception maintains selection as a natural principle. The man who -does not belong to the superior race counts for nothing. Human life and -even less liberty, personality, the dignity of man, have no importance -when an adversary of the German community is involved. It is truly “the -return to barbarism” with all its consequences. Logically consistent, -National Socialism goes to the length of assuming the right, either to -exterminate totally races judged hostile or decadent, or to subjugate or -put to use individuals and groups capable of resistance, in the nations. -Does not the idea of totalitarian war imply the annihilation of any -eventual resistance? All those who, in any way, may be capable of -opposing the New Order and the German hegemony will be liquidated. It -will thus become possible to assure an absolute domination over a -neighboring people that has been reduced to impotence and to utilize, -for the benefit of the Reich, the resources and the human material of -those people reduced to slavery. - -All the moral conceptions which tended to make war more humane are -obviously outdated, and the more so, all international conventions which -had undertaken to bring some extenuation of the evils of war. - -The conquered peoples must concur, willingly or by force, in the German -victory by their material resources, as well as by their labor -potential. Means will be found to subject them. - -The treatment to which the occupied countries will be subjected is -likewise related to this war aim. One could read in _Deutsche -Volkskraft_ of 13 June 1935 that the totalitarian war will end in a -totalitarian victory. “Totalitarian” signifies the entire destruction of -the conquered nation and its complete and final disappearance from the -historic scene. - -Among the conquered peoples distinctions can be made according to -whether or not the National Socialists consider them as belonging to the -Master Race. For the former, an effort is made to integrate them into -the German Reich against their will. For the latter, there is applied a -policy of weakening them and bringing about their extinction by every -means, from that of appropriation of their property to that of -extermination of their persons. In regard to both groups, the Nazi -rulers assault not only the property and physical persons, but also the -spirits and souls. They seek to align the populations according to the -Nazi dogma and behavior, when they wish to integrate them in the German -community; they apply themselves at least to rooting out whatever -conceptions are irreconcilable with the Nazi universe; they aim to -reduce to a mentality and status of slaves, those men whose nationality -they wish to eradicate for the benefit of the German race. - -Inspired by these general conceptions as to the conduct to be observed -in occupied countries, the defendants gave special orders or general -directives or deliberately identified themselves with such. Their -responsibility is that of perpetrators, co-perpetrators, or accomplices -in the War Crimes systematically committed between 1 September 1939 and -8 May 1945 by Germany at war. They deliberately willed, premeditated, -and ordered these crimes, or knowingly associated themselves with this -policy of organized criminality. - -We shall expose the various aspects of this policy of criminality as it -was pursued in the occupied countries of Western Europe, by dealing -successively with Forced Labor, Economic Looting, Crimes against -Persons, and Crimes against Mankind. - -The conception of total war, which gave rise to all the crimes which -were to be perpetrated by the Nazi Germans in the occupied countries, -was the basis for the forced labor service. Through this institution, -Germany proposed to utilize to the maximum the labor potential of the -enslaved populations in order to maintain the German war production at -the necessary level. Moreover, there can be no doubt that this -institution was linked with the German plan of “extermination through -labor” of the populations adjoining Germany which she regarded as -dangerous or inferior. - -A document of the Supreme Command of the Armed Forces of Germany, dated -1 October 1938, provided for the forced employment of prisoners and -civilians for war labor. Hitler in his speech of 9 November 1941 “did -not doubt for a moment that, in the occupied territories which we -control at present, we shall make the last man work for us.” From 1942 -on, it is under the admitted responsibility of the Defendant Sauckel, -acting together with the Defendant Speer, under the control of the -Defendant Göring, General Plenipotentiary of the Four Year Plan, that -obligatory foreign labor, for the benefit of the war conducted by -Germany, was developed to the full. - -The most various methods of constraint were utilized simultaneously or -successively: - -First: Requisition of services under conditions incompatible with -Article 52 of the Hague Convention. - -Second: So-called voluntary labor, which consisted of bringing a worker -under pressure to sign a contract to work in Germany. - -Third: Conscription for obligatory labor. - -Fourth: The forcing of war prisoners to work for the German war -production and their transformation in certain cases into so-called free -workers. - -Fifth: The enrolling of certain foreign workers, notably French (from -Alsace or Lorraine) and Luxembourgers in the German Labor Front. - -All these procedures constitute crimes contrary to international law and -in violation of Article 52 of the Hague Convention. - -These service requisitions were made under threat of death. Voluntary -labor recruiting was accompanied by individual measures of constraint, -obliging the workers of occupied territories to sign contracts. The -duration of these pseudo-contracts was subsequently prolonged -unilaterally and illegally by the German authorities. - -The failure of these measures of requisition or the voluntary -recruitment of labor led the German authorities everywhere to have -recourse to conscription. Hitler declared on 19 August 1942 in a -conference on the Four Year Plan, which was reported by the Defendant -Speer, that Germany “had to proceed to forced recruiting if sufficient -labor was not obtained on a voluntary basis.” On 7 November 1943 the -Defendant Jodl declared in the course of a speech given in Munich before -the Gauleiter: - - “In my opinion the time has come to take vigorous, resolute, and - hard measures in Denmark, in Holland, in France, and in Belgium - in order to force thousands of idle men to carry out this most - important work of fortification.” - -Having accepted the principle of force, the Germans made use of two -complementary methods: Legal constraint, consisting of promulgating laws -regulating obligatory labor; and restraint in fact, consisting of taking -necessary measures to oblige workers under penalty of grave sanctions to -conform to the issued legislation. - -The basis of the legislation on forced labor is the decree of 22 August -1942 of the Defendant Sauckel, who formulated the charter of forced -recruiting in all the occupied countries. - -In France, Sauckel got the so-called Government of Vichy to publish the -law of 4 September 1942. This law effected the freezing of all manpower -in industries and anticipated the possibility of a requisition of all -Frenchmen who might be employed in any work useful to the enemy. All -Frenchmen from 18 to 50 years of age, who did not have a job which -occupied them more than 30 hours a week, had to prove that they were -usefully employed to meet the needs of the country. A decree of 19 -September 1942 and an enabling directive of 24 September regulated the -various provisions of this announcement. The law of 4 September 1942 had -been published by the so-called Government of Vichy, following strong -pressure exercised by the occupation authorities. Specifically, Dr. -Michel, Chief of the Administrative Staff of the German Military Command -in France, wrote on 26 August 1942 a threatening letter to the Delegate -General for Franco-German Economic Relations, requesting him that the -law be published. - -In 1943, Sauckel obtained from the _de facto_ authority a directive -under date of 2 February, stipulating a census of all male Frenchmen -born between 1 January 1912 and 31 December 1921. He also obtained the -passing of the law of 16 February, establishing the Bureau of Compulsory -Labor for all young men from 20 to 22 years of age. On 9 April 1943, -Gauleiter Sauckel requested the deportation of 120,000 workers for the -month of May and another 100,000 for the month of June. To accomplish -this, the so-called Government of Vichy proceeded to mobilize the entire -military conscription class of 1942. On 15 January 1944 Sauckel -requested the _de facto_ French authorities to deliver 1 million men for -the first 6 months of the year; and he caused the adoption of the -regulation designated as the law of 1 February 1944, which extended the -possibility of impressing all men from 16 to 60 years of age and women -from the age of 18 to 45 for forced labor. - -Similar measures were taken in all occupied countries. - -In Norway, the German authorities imposed on the so-called Government of -Quisling the publication of a law dated 3 February 1943, which -established the compulsory registration of Norwegian citizens and -prescribed their forced enrollment. In Belgium and in Holland, the -Bureau of Compulsory Labor was organized directly by ordinances of the -occupying power. In Belgium the ordinances were promulgated by the -military command, and in Holland by the Defendant Seyss-Inquart, who was -Reich Commissar for the occupied Netherland territories. In both of -these countries the development of a compulsory labor policy followed -the same pattern. Compulsory labor was at first required only within the -occupied territories. It was soon extended in order to permit the -deportation of workers to Germany. This was achieved, in the case of -Holland, by the ordinance of 28 February 1941 and in Belgium by the -ordinance of 6 March 1942 which established the principle of forced -labor. The principle of deportation was formulated in Belgium by means -of the ordinance of 6 October 1942, and in Holland by the ordinance of -23 March 1942. - -In order to ensure the efficiency of these legal provisions, brutal -compulsion was exercised in all countries; numerous round-ups in all -large cities. For example, 50,000 persons were arrested in Rotterdam on -10 and 11 November 1944. - -Even more serious than the forced labor of civilian population was the -incorporation of laborers from occupied countries in the labor service -of the Reich. This incorporation was not merely the conscription of -laborers but the application of German legislation to the nationals of -occupied countries. - -In the face of the patriotic resistance of the workers of the different -occupied countries, the important results which the German Labor Office -had anticipated were far from being fulfilled. However, a large number -of workers from the occupied countries were forced to work for the -German war effort. - -With regard to the Todt Organization, the laborers who were employed in -the West in the construction of the Atlantic Wall totalled 248,000 at -the end of March 1943. In the year 1942, 3,300,000 workers from occupied -countries worked for Germany in their own country; among others, 300,000 -of these were in Norway, 249,000 in Holland, 650,000 in France. The -number of workers deported to Germany and coming from the occupied -territories in the West increased in 1942 to the figure of 131,000 -Belgians, 135,000 Frenchmen, 154,000 Hollanders. On 30 April 1943, -1,293,000 workmen, of whom 269,000 were women, from the occupied -territories in the West were working for the German War Economy. - -On 7 July 1944, Sauckel stated that the number of workers deported to -Germany during these first 6 months of 1944 reached a total of 537,000, -of which 33,000 were Frenchmen. On the 1st of March 1944 he -acknowledged, during a conference held by the Central Office of the Four -Year Plan, that there were in Germany 5 million foreign workers, of whom -200,000 were actually volunteers. - -The report of the French Ministry for prisoners, deportees, and -refugees, gives the figure of 715,000 for the total number of men and -women who had been deported. - -It should be added that, contrary to international law, the workers who -were transported to Germany had to work under labor conditions and -living conditions that were incompatible with the most rudimentary -regard for human dignity. The Defendant Sauckel has himself stated that -foreign workers, who could achieve substantial production, should be fed -so that they could be exploited as completely as possible with the -minimum of expense, adding that they should receive less food the moment -their production began to decrease and that no concern should be given -to the fate of those whose production capacity no longer presented any -interest. Special reprisal camps were organized for those who sought to -avoid the compulsion imposed on them. An order of 21 December 1942 -stipulated that unwilling workers should be sent, without trial, to such -camps. In 1943 Sauckel, during an inter-ministerial conference, stated -that the co-operation of the SS was essential to him in order to fulfill -the task with which he had been entrusted. Thus, the crime of forced -labor and of deportation gave rise to a whole series of additional -crimes against persons. - -The work required of war prisoners did not remain within the legal -limits authorized by international law any more than did that of the -civilian laborers. National Socialist Germany obliged prisoners of war -to work for the German war production, in violation of Articles 31 and -32 of the Geneva Convention. - -National Socialist Germany, while exploiting to the fullest extent for -the war effort prisoners as well as workers from occupied territories -against all international conventions, was at the same time seizing, by -every possible means, the wealth of these countries. German authorities -applied systematic pillage in these countries. By economic pillage we -mean both the taking away of goods of every type and the exploitation, -on the spot, of the national resources for the benefit of Germany’s war. - -This pillage was methodically organized. - -The Germans began by making sure that they had in their possession, in -all countries, the necessary means for payment. Thus, they insured that -they could seize, with the appearance of legality, the wealth which they -coveted. After freezing the existing purchasing power, they required -enormous payments under the pretext of indemnity for the maintenance of -occupation troops. - -It should be recalled that, according to the terms of the Hague -Convention, occupied countries may be obliged to assume the burden of -the expenses caused by the maintenance of an army of occupation. But the -amounts that were exacted under this by the Germans were only remotely -related to the actual costs of occupation. - -Moreover, they forced the occupied countries to accept a clearing system -which operated practically for the exclusive profit of Germany. Imports -from Germany were almost nonexistent; the goods exported to Germany by -the occupied countries were subject to no regulation. - -In order to maintain for the purchasing balance thus created a -considerable purchasing power, the Germans endeavored everywhere to -achieve the stabilization of prices and imposed a severe rationing -system. This rationing system, which left the population with a quantity -of inferior goods which was less than the minimum indispensable for -their existence, afforded the additional advantage of preserving for the -benefit of the Germans the greatest possible portion of the production. - -Thus, the Germans seized a considerable part of the stocks and of the -production as a result of operations which had the appearance of -legality (requisitions, purchases made with German priority coupons, -individual purchase). These transactions were completed by other -operations of a clandestine character, which were carried out in -violation of the official regulations imposed, frequently by the Germans -themselves. Thus, the Germans had created a whole organization for black -market purchases. For example, one may read in a report of the German -Foreign Ministry of 4 September 1942 that the Defendant Göring had -ordered that purchases on the black market should henceforth extend to -goods which until then had not been included, such as household goods; -and he prescribed further that all goods which could be useful to -Germany should be collected, even if as a result certain signs of -inflation appeared in the occupied countries. - -While they were transporting to Germany the maximum quantity of goods of -every description, after requisitioning without payment or by paying -with bills which they had irregularly obtained by a simple entry in the -clearing account, the Nazi leaders were at the same time endeavoring to -impose the resumption of activity in industry for the benefit of -Germany’s war. - -German industrialists had received instructions ordering them to divide -among themselves the enterprises in the occupied areas which had engaged -in a production similar to their own. While having to carry out these -orders, these industrialists were required to place such industries in -occupied countries firmly under their control by means of different -types of financial combinations. - -The appearance of monetary legality or contractual legality could in no -way hide the fact that economic looting was systematically organized, -contrary to the stipulations of the International Convention of The -Hague. If, according to the stipulations of this Convention, Germany had -the right to seize whatever was indispensable for the maintenance of the -troops necessary for the occupation, all seizures in excess of these -requirements undoubtedly constitute a war crime, which brought about the -economic ruin of the occupied countries, a long-range weakening of their -economic potential and of their means of subsistence, as well as the -general undernourishment of the populations. - -Exact estimates of German transactions in the economic field cannot be -formulated at this time. It would be necessary for this purpose to study -in detail the activities of several countries over a period of more than -4 years. - -Nevertheless it has been possible to bring out precisely certain facts -and to give minimum estimates of German spoliations with respect to the -different occupied countries. - -In Denmark, which was the first country in western Europe to be invaded, -the value of German seizures was nearly 8,000 million crowns. In Norway, -Germany’s spoliations exceed a total value of 20,000 million crowns. - -In the Netherlands, German pillage was effected to such an extent that -although Holland is one of the richest countries in the world in -relation to its population, it is today almost completely ruined and the -financial charges imposed by the occupant exceed 20,000 million -guilders. - -In Belgium, through various schemes, notably the system of occupation -indemnity and clearing, the Germans seized far more than 130,000 million -Belgian francs of payment balances. The Grand Duchy of Luxembourg also -suffered important losses as a result of the action of the occupying -power. - -Finally in France the levying of taxes on means of payments reached a -total of 745,000 million francs. In this sum we have not included the -74,000 million francs, which represents the maximum figure which Germany -could legally demand for the maintenance of her army of occupation. -(Moreover, the seizure of 9,500 million in gold was calculated according -to the rate of 1939.) - -In addition to the goods settled for in the occupied countries by -Germany, by means of payment extorted from these countries, enormous -quantities of goods of every character were purely and simply -requisitioned without any indemnity, seized without any explanation, or -else stolen. The occupying authorities not only took all raw materials -and manufactured goods which could be useful to their war efforts, but -they extended their seizures to everything that might help to procure -them a credit balance in neutral countries, such as movables, jewels, -luxury goods, and objects of all kinds. Finally, the art treasures of -the countries of western Europe were likewise looted in the most -shameful manner. - -The considerable sums which Germany was able to obtain by abusing her -power, contrary to all the principles of international law, without -providing any compensation, enabled her to carry out with the appearance -of legality, the economic looting of France and of the other countries -of western Europe. The consequence for these countries, from the -economic viewpoint, is a loss of their strength which will take long to -repair. - -But the most serious consequence of these practices affected the -population itself. For more than 4 years the people of the occupied -countries were exposed to a regime of slow starvation, which resulted in -an increase in the death rate, a breaking down of the physical stamina -of the population and, above all, an alarming deficiency in the growth -of children and adolescents. - -Such practices perpetrated and consummated systematically by the German -leaders, contrary to international law and specifically contrary to the -Hague Convention, as well as contrary to the general principles of -criminal law in force in all civilized nations, constitute War Crimes -for which they must answer before Your High Tribunal. - -THE PRESIDENT: Would that be a convenient time to break off? - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -M. DE MENTHON: Crimes against the physical person—arbitrary -imprisonment, ill-treatment, deportations, murder committed by the -Germans in the occupied countries—reached proportions beyond -imagination, even in the course of a world conflict, and took the most -odious forms. - -These crimes spring directly from the Nazi doctrine and testify to the -Reich leaders’ absolute disregard for the human individual, to the -abolition of any sense of justice or even of pity, to a total -subordination of any and all human consideration on the part of the -German community. - -All these crimes are linked to a policy of terrorism. Such a policy -permits the subjugation of occupied countries without involving a large -deployment of troops and their submission to anything that might be -demanded of them. Many of these crimes are moreover tied up with the -will to exterminate. - -We shall examine in succession executions of hostages, police crimes, -deportations, crimes involving prisoners of war, terroristic activities -against the Resistance, and the massacre of civilian populations. - -A. The execution of hostages constitutes in all countries the first act -of terrorism on the part of German occupation troops. From 1940 on, the -German command, notably in France, carried out numerous executions as -reprisals for any crime against the German Army. - -These practices, contrary to Article 50 of the Hague Convention which -forbids collective sanctions, awaken everywhere a feeling of horror and -frequently produce a result contrary to the one sought, by arousing the -populations against the occupant. - -The occupying authorities then endeavored to legalize such criminal -practices, thus seeking to have them recognized by the populations as -“the right” of the occupying power. Veritable “codes for hostages” were -promulgated by the German military authorities. - -Following the general order issued by the Defendant Keitel on 16 -September 1941, Stülpnagel published in France his ordinance of 30 -September 1941. According to the terms of this ordinance, all Frenchmen -held by German authorities for any reason whatsoever were to be -considered as hostages, as well as all Frenchmen who were in the custody -of the French authorities on behalf of German organizations. The -ordinance of Stülpnagel specifies: - - “At the time of the burial of the bodies, burial in a common - grave of a rather large number of persons in a particular - cemetery must be avoided, since this would create a shrine for - pilgrims which now or later might become a center for the - stimulation of anti-German propaganda.” - -In carrying out this ordinance the most infamous executions of hostages -were committed. - -Following the murder of two German officers, one in Nantes on 2 October -1941 and the other at Bordeaux a few days thereafter, the German -authorities had 27 hostages shot at Châteaubriant and 21 at Nantes. - -On 15 August 1942, 96 hostages were shot at Mon-Valérien. - -In September 1942 an assault had been committed against German soldiers -in the Rex motion picture house in Paris. One hundred sixteen hostages -were shot. - -Forty-six hostages were taken from the hostage depot of the Fortress at -Romainville and 70 from Bordeaux. - -In reprisal for the murder of a German official of the labor front 50 -hostages were shot in Paris at the end of September 1943. - -Threats of reprisals on the families of the patriots of the Resistance -are related to the same odious policy of hostages. The Kommandantur -published the following notice in the _Pariser Zeitung_ of 16 July 1942: - - “Near male relatives, brothers-in-law, and cousins of the - ‘agitators’ above the age of 18 years will be shot. - - “All female family members of the same degree of relationship - shall be condemned to forced labor. - - “Children less than 18 years of age of all above-mentioned - persons shall be sent to a house of correction.” - -The executions of hostages continued everywhere until the liberation, -but in the last period they were no more than one additional feature in -the methods of German terrorism, then grown more sweeping. - -B. Among the crimes against persons of which the civilian populations of -the occupied countries of the West were victims, those committed by the -Nazi police organizations are the most revolting. The intervention of -the German police who, in spite of certain appearances, did not belong -to the armies of occupation, is in itself contrary to international law. -Their crimes, particularly hateful in the complete disregard for human -dignity that they imply, were multiplied during 4 years throughout all -the territories of the West occupied by the German forces. - -True, no definite order, no detailed directive emanating directly from -one of the defendants or from one of their immediate subordinates and -valid for all the German police or for the police of the occupied -territories of the West, has been found. But these crimes were committed -by a police that was a direct expression of the National Socialist -ideology and the undeniable instrument of National Socialist policy for -which all the defendants carry the full and entire responsibility. - -Before the considerable mass of acts, their similarity, their -simultaneousness, their generalization in time and place, no one would -be able to deny that these acts are not only the individual -responsibility of those who committed them here or there, but constitute -as well the execution of orders from above. - -The arrests took place without any of the elementary guarantees -recognized in all civilized countries. On a simple, unverified -denunciation, without previous investigation, and often on charges -brought by persons not qualified to bring them, masses of arbitrary -arrests took place in every occupied country. - -During the first period of the occupation, the Germans nevertheless -simulated a scrupulous respect for “legality” in the matter of arrests. -This legality was that introduced by Nazism in the interior of Germany -and did not respect any of the traditional guarantees to which the -individuals in civilized countries are entitled. But, rapidly, even this -pseudo-legality itself was abandoned and the arrests became absolutely -arbitrary. - -The worst treatments were applied to arrested persons even before the -guilt of the accused had been examined. The use of torture in the -interrogations was almost a general rule. The tortures usually applied -were beating, whipping, chaining for several days without a moment of -rest for nourishment or hygienic care, immersion in ice water, drowning -in a bathtub, charging the bathwater with electricity, electrification -of the most sensitive parts of the body, burns at certain places on the -body, and the pulling out of fingernails. But, in addition, those who -carried out these measures had every latitude for unleashing their -instinct of cruelty and of sadism towards their victims. All those -facts, which were of public knowledge in the occupied countries, never -led to any punishment whatsoever of their authors on the part of the -responsible authorities. It even seems that the torture was more severe -when an officer was present. - -It is undeniable that the actions of the German police towards the -prisoners were part and parcel of a long premeditated system of -criminality, ordered by the chiefs of the regime and executed by the -most faithful members of the National Socialist organizations. - -Aside from the general use of torture on prisoners, the German police -perpetrated a considerable number of murders. It is impossible to know -the conditions under which many of these murders were carried out. -Nevertheless, we have enough information to permit us to discover in -them a new expression of the general policy of the National Socialists -in the occupied countries. Often the deaths were only the result of the -tortures inflicted on the prisoners, but often the murder was -deliberately desired and carried out. - -C. The crime which will undoubtedly be remembered as the most horrible -among those committed by the Germans against the civilian populations of -the occupied countries was that of deportation and internment in the -concentration camps of Germany. - -These deportations had a double aim: To secure additional labor for the -benefit of the German war machine; to eliminate from the occupied -countries and progressively exterminate the elements most opposed to -Germanism. They served likewise to empty prisons overcrowded with -patriots and to remove the latter for all time. - -The deportations and the methods employed in the concentration camps -were a stupefying revelation for the civilized world. Nevertheless, they -also are only a natural consequence of the National Socialist doctrine, -according to which man, of himself, has no value except when he is of -service to the German race. - -It is not possible to give exact figures. It is probable that one would -make an understatement when speaking of 250,000 for France; 6,000 for -Luxembourg; 5,200 for Denmark; 5,400 for Norway; 120,000 for Holland; -and 37,000 for Belgium. - -The arrests are founded, now under a pretext of a political nature, now -on a pretext of a racial nature. In the beginning they were individual; -subsequently they took on a collective character, particularly in France -since the end of 1941. Sometimes the deportation did not come until -after long months of prison, but more often the arrest was made directly -with a view to deportation under the system of “protective custody.” -Everywhere imprisonment in the country of origin was accompanied by -brutality, often by tortures. Before being sent to Germany, the -deportees were, in general, concentrated in an assembly camp. The -formation of a convoy was often the first stage of extermination. The -deportees travelled in cattle cars, 80 to 120 per car, no matter what -the season. There were few convoys where no deaths occurred. In certain -transports the proportion of deaths was more than 25 percent. - -The deportees were sent to Germany, almost always to concentration -camps, but sometimes also to prisons. - -Admitted to the prisons were those deportees who had been condemned or -were awaiting trial. The prisoners there were crowded together under -inhumane conditions. Nevertheless, the prison regime was generally less -severe than conditions in the camps. The work there was less out of -proportion to the strength of the prisoners, and the prison wardens were -more humane than the SS in the concentration camps. - -It appears to have been the plan, followed by the Nazis in the -concentration camps, gradually to do away with the prisoners; but only -after their working strength had been used to the advantage of the -German war effort. - -The Tribunal has been told of the almost inconceivable treatment -inflicted by the SS on the prisoners. We shall take the liberty of going -into still further detail during the course of the statement of the -French Prosecution, for it must be fully known to what extent of horrors -the Germans, inspired by National Socialist doctrine, could stoop. - -The most terrible aspect was perhaps the desire to create moral -degradation and debasement in the prisoner until he lost, if possible, -all semblance of a human individual. - -The usual living conditions imposed on the deportees in the camps were -sufficient to ensure slow extermination through inadequate feeding, bad -sanitation, cruelty of the guards, severity of discipline, strain of -work out of proportion to the strength of the prisoner, and haphazard -medical service. Moreover, you already know that many did not die a -natural death, but were put to death by injections, gas chambers, or -inoculations of fatal diseases. But more speedy extermination was often -the case; it was often brought about by ill-treatment: communal ice-cold -showers in winter in the open air, prisoners left naked in the snow, -cudgelling, dog bites, hanging by the wrists. - -Some figures will illustrate the result of these various methods of -extermination. At Buchenwald, during the first 3 months of 1945, there -were 13,000 deaths out of 40,000 internees. At Dachau, 13,000 to 15,000 -died in the 3 months preceding the liberation. At Auschwitz, a camp of -systematic extermination, the number of murdered persons came to several -millions. - -As to the total number of those deported from France, the official -figure is as follows: Of 250,000 deported only 35,000 returned. - -The deportees served as guinea pigs for numerous medical, surgical, or -other experiments which generally led to their death. At Auschwitz, at -Struthof, in the prison at Cologne, at Ravensbrück, at Neuengamme, -numerous men, women, and children were sterilized. At Auschwitz the most -beautiful women were set apart, artificially fertilized, and then -gassed. At Struthof a special barrack, isolated from the others by -barbed wire, was used to inoculate men in groups of 40 with fatal -illnesses. In the same camp women were gassed while German doctors -observed their reactions through a peephole arranged for this purpose. -Extermination was often directly effected by means of individual or -collective executions. These were carried out by shooting, by hanging, -by injections, by gas vans, or gas chamber. - -I should not wish to stress further the facts, already so numerous, -submitted to Your High Tribunal during the preceding days by the -American Prosecution, but the representative of France, so many of his -people having died in these camps after horrible sufferings, could not -pass in silence over this tragic example of complete inhumanity. This -would have been inconceivable in the 20th century, if a doctrine of -return to barbarism had not been established in the very heart of -Europe. - -D. Crimes committed against prisoners of war, although less known, bear -ample testimony to the degree of inhumanity which Nazi Germany had -attained. - -To begin with, the violations of international conventions committed -against prisoners of war are numerous. Many were forced to travel on -foot, almost without food, for very long distances. Many camps had no -respect for even the most elementary rules of hygiene. Food was very -often insufficient; thus a report from the WFSt of the OKW dated 11 -April 1945 and annotated by the Defendant Keitel, shows that 82,000 -prisoners of war interned in Norway received the food strictly -indispensable to the maintenance of life on the assumption that they -were not working, whereas 30,000 of them were really employed on heavy -work. - -In agreement with the Defendant Keitel, acting at the request of the -Defendant Göring, camps for prisoners belonging to the British and -American Air Forces were established in towns which were exposed to air -raids. - -In violation of the text of the Geneva Convention, it was decided, at a -conference held at the Führer’s headquarters on 27 January 1945, in the -presence of the Defendant Göring, to punish by death all attempts to -escape made by prisoners of war when in convoy. - -Besides all these violations of the Geneva Convention, numerous crimes -were committed by the German authorities against prisoners of war: -Execution of captured allied airmen, murder of commando troops, -collective extermination of certain prisoners of war for no reason -whatsoever—for example the matter of 120 American soldiers at Malmédy -on 27 January 1945. Parallel with “Nacht und Nebel,” an expression for -the inhumane treatment inflicted on civilians, can be put down the -“Sonderbehandlung,” a “special treatment” of prisoners of war, in which -these disappeared in great numbers. - -E. The same barbarism is found in the terroristic activity carried out -by the German Army and Police against the Resistance. - -The order of the Defendant Keitel of 16 September 1941, which may be -considered as a basic document, certainly has as a purpose the fight -against the Communist movements; but it anticipates that resistance to -the army of occupation can come from other than Communist sources and -decides that every case of resistance is to be interpreted as having a -Communist origin. - -As a matter of fact, in carrying out this general order to annihilate -the Resistance by every possible means, the Germans arrested, tortured, -and massacred men of all ranks and all classes. To be sure, the members -of the Resistance rarely complied with the conditions laid down by the -Hague Conventions, which would qualify them to be considered as regular -combat forces; they could be sentenced to death as _francs-tireurs_ and -executed. But they were assassinated without trial in most cases, often -after having been terribly tortured. - -After the liberation, numerous charnel-houses were discovered and the -bodies examined by doctors: They bore obvious traces of extreme brutal -treatment, cranial tissue was pulled out, the spinal column had been -dislocated, the ribs had been so badly fractured that the chest had been -entirely crushed and the lungs perforated, hair and nails had been -pulled out. It is impossible to determine the total number of the -victims of German atrocities in the fight against the Resistance. It is -certainly very high. In the department of the Rhône alone, for example, -the bodies of 713 victims were discovered after the liberation. - -An order of 3 February 1944 of the Commander-in-Chief of the forces in -the West, signed “By order General Sperrle,” laid down for the fight -against the terrorists immediate reply by fire-arms and the immediate -burning down of all houses from which shots had come: - - “It is of little importance”—the text adds—“that innocent - people should suffer. It will be the fault of the terrorists. - All commanders of troops who show weakness in repressing the - terrorists will be severely punished. On the other hand, those - who go beyond the orders received and are too severe will incur - no penalty.” - -The war diary of Von Brodowski, commanding Liaison Headquarters Number -588, at Clermont-Ferrand, gives irrefutable examples of the barbarous -forms which the Germans gave to the struggle against the Resistance. The -resisters caught were almost all shot on the spot. Others were turned -over to the SD or the Gestapo to be subjected first to torture. The -diary of Brodowski mentions “the cleaning up of a hospital” or -“liquidation of an infirmary.” - -The struggle against the Resistance had the same atrocious character in -all the occupied territories of the West. - -F. The last months of the German occupation were characterized in France -by a strengthening of the policy of terrorism which multiplied the -crimes against the civilian population. The crimes which we are going to -consider were not isolated acts committed from time to time in this or -that locality, but were acts perpetrated in the course of extensive -operations, the high number of which can be explained only by general -orders. - -The perpetrators of these crimes were frequently members of the SS, but -the military command shares responsibility for them. In a directive -entitled “Fight against the Partisan Bands,” dated 6 May 1944, the -Defendant Jodl states that: - - “. . . the collective measures to be taken against the - inhabitants of entire villages (including the burning down of - these villages) are to be ordered exclusively by the division - commanders or the heads of the SS and of the police.” - -The war diary of Von Brodowski mentions the following: “It is understood -that the leadership of the Sipo and of the SD shall be subordinate to -me.” - -These operations are supposedly measures of reprisal which were caused -by the action of the Resistance. But the necessities of war have never -justified the plundering and heedless burning down of towns and villages -nor the blind massacres of innocent people. The Germans killed, -plundered, burned down, very often without any reason whatsoever, -whether in Ain, in Savoie, Lot, or Tarn-and-Garonne, in Vercors, -Corréze, in Dordogne. Entire villages were burned down at a time when -the nearest armed groups of the Resistance were tens of kilometers away -and the population of these villages had not made a single hostile -gesture towards the German troops. - -The two most typical examples are those of Maillé (in Indre-et-Loire) -where on 25 August 1944, 52 buildings out of 60 were destroyed and 124 -people were killed; and that of Oradour-sur-Glane (in the Haute-Vienne). -The war diary of Von Brodowski makes mention of the latter act in the -following manner: - - “All the male population of Oradour was shot. The women and - children took refuge in the church. The church caught fire. - Explosives were stored in the church. (This assertion has been - shown to be false.) Also women and children perished.” - -In the scale of criminal undertakings, perpetrated in the course of the -war by the leaders of National Socialist Germany, we finally meet a -category which we have called crimes against human status (_la condition -humaine_). - -First of all it is important that I should define clearly for the -Tribunal the meaning of this term. This classical French expression -belongs both to the technical vocabulary of law and to the language of -philosophy. It signifies all those faculties, the exercising and -developing of which rightly constitute the meaning of human life. Each -of these faculties finds its corresponding expression in the order of -man’s existence in society. His belonging to at least two social -groups—the nearest and the most extensive—is translated by the right -to family life and to nationality. His relations with the powers -constitute a system of obligations and guarantees. His material life, as -producer and consumer of goods, is expressed by the right to work in the -widest meaning of this term. Its spiritual aspect implies a combination -of possibilities to give out and to receive the expressions of thought, -whether in assemblies or associations, in religious practice, in -teachings given or received, by the many means which progress has put at -the disposal for the dissemination of intellectual value: Books, press, -radio, cinema. This is the right of spiritual liberty. - -Against this human status, against the status of public and civil rights -of the human beings in occupied territories, the German Nazis directed a -systematic policy of corruption and demoralization. We shall treat this -question last because it is this undertaking which presents a character -of the utmost gravity and which has assumed the most widespread -prevalence. Man is more attached to his physical integrity and to life -than to his property. But in all high conceptions of life, man is even -less attached to life than to that which makes for his dignity and -quality, according to the great Latin maxim, “_Et propter vitam, vivendi -perdere causas_.” On the other hand, if, in the territories occupied by -them, the Germans did not, in spite of the importance and extent of -their crimes, plunder all the property and goods and if they did not -kill all the people, there remains not a single man whose essential -rights they did not change or abolish and whose condition as a human -being they did not violate in some way. - -We can even say that in the entire world and as regards all people, even -those to whom they reserved the privileges belonging to the superior -race and even as regards themselves, their agents, and accomplices, the -Nazi leaders committed a major offense against the conscience which -mankind has today evolved from his status as a human being. The -execution of the enterprise was preceded by its plan. This is manifest -in the entire Nazi doctrine and we shall content ourselves by recalling -a few of its dominant features. The human status expresses itself, we -say, in major statutes, every one of which comprises a complex apparatus -of very different provisions. But these statutes are inspired in the -laws of civilized countries by a conception essential to the nature of -man. This conception is defined in two complementary ideas: The dignity -of the human being considered in each and every person individually, on -the one hand; and on the other hand, the permanence of the human being -considered within the whole of humanity. Every juridical organization of -the human being in a state of civilization proceeds from this essential, -two-fold conception of the individual, in each and in all, the -individual and the universal. - -Without doubt, to Occidentals this conception usually appears connected -with the Christian doctrine; but, if it is exact that Christianity is -bound up with its affirmation and diffusion, it would be a mistake to -see in it only the teachings of one or even of certain religions. It is -a general conception which imposes itself quite naturally on the spirit; -It was professed since ancient pre-Christian times; and, in more recent -times, the great German philosopher Kant expressed it in one of his most -forceful formulas, by saying that a human being should always be -considered as an end and never a means. - -The role, as we have already exposed, of the zealots of the Hitlerian -myth was to protest against the spontaneous affirmation of the genius of -mankind and to pretend to break at this point the continuous progress of -moral intelligence. The Tribunal is already acquainted with the abundant -literature of this sect. Without a doubt, nobody expressed himself more -clearly than the Defendant Rosenberg when he declared in the _Myth of -the 20th Century_, Page 539: - - “Peoples whose health is dependent on their blood do not know - individualism as a criterion of values any more than they - recognize universalism. Individualism and universalism in the - absolute sense and historically speaking, are the ideological - concepts of decadence.” - -Nazism professes, moreover, that: - - “The distance between the lowest human being still worthy of - this name, and our higher races, is greater than that between - the lowest type of mankind and the best educated monkey.” (_Die - Reden Hitlers_, Reichsparteitag 1933, Page 33). - -Thus, it is not only a question of abolishing the truly divine -conception which religion sets forth as regards man, but even of setting -aside all purely human conceptions and substituting for it an -animalistic conception. - -As a consequence of such a doctrine, the upsetting of the human status -appears not only to be a means to which one has recourse in the presence -of temporary opportunities, such as those arising from war, but also as -an aim both necessary and desirable. The Nazis propose to classify -mankind in three main categories: That of their adversaries, or persons -whom they consider inadaptable to their peculiar constructions—this -category can be bullied in all sorts of ways and even destroyed; that of -superior men which they claim is distinguishable by their blood or by -some arbitrary means; that of inferior men, who do not deserve -destruction and whose vital power should be used in a regime of slavery -for the well-being of the “overlords.” - -The Nazi leaders proposed to apply this conception everywhere they could -in territories more and more extended, to populations ever more -numerous; and in addition they demonstrated the frightful ambition to -succeed in imposing it on intelligent people, to convince their victims -and to demand from them, in addition to so many sacrifices, an act of -faith. The Nazi war is a war of fanatic religion in which one can -exterminate infidels and equally as well impose conversion upon them. It -should further be noted that the Nazis aggravated the excesses of those -horrible times, for in a religious war converted adversaries were -received like brothers, whereas the Nazis never gave their pitiable -victims the chance of saving themselves, even by the most complete -recantation. - -It is by virtue of these conceptions that the Germans undertook the -Germanization of occupied territories and had, without doubt, the -intention of undertaking to germanize the whole world. This -Germanization can be distinguished from the ancient theories of -Pan-Germanism insofar as it is both a Nazification and an actual return -to barbarism. - -Racialism classifies occupied nations into two main categories; -Germanization means for some a National Socialist assimilation, and for -others disappearance or slavery. For human beings of the so-called -“higher race,” the favored condition assigned to them comprises the -falling-in with the new concepts of the Germanic community. For human -beings of the so-called “inferior race” it was proposed either to -abolish all rights while waiting or preparing their physical -destruction, or to assign them to servitude. For both, racialism means -acceptance of the Nazi myths. - -This two-fold program of absolute Germanization was not carried out in -its entirety nor in all the occupied countries. The Germans had -conceived it as a lengthy piece of work which they intended to carry out -gradually, by a series of successive measures. This progressive approach -is always characteristic of the Nazi method. It fits in, apparently, -with the variety of obstacles encountered, with the hypocritical desire -of sparing public opinion, and with a horrid lust for experimenting and -scientific ostentation. - -When the countries were liberated, the state of the Germanization varied -a great deal according to the different countries, and in each country -according to such and such category of the population. At times the -method was driven on to its extreme consequences; elsewhere, one only -discovers signs of preparatory arrangements. But it is easy to note -everywhere the trend of the same evil, interrupted at different moments -in its development, but everywhere directed by the same inexorable -movement. - -As regards national status, the Germans proceeded to an annexation, pure -and simple, in Luxembourg, in the Belgian cantons of Eupen and of -Malmédy, and in the French departments of Alsace and of Lorraine. Here -the criminal undertaking consisted both in the abolition of the -sovereignty of the state, natural protector of its nationals, and in the -abolition for those nationals of the status they had as citizens of this -state, a status recognized by domestic and international law. - -The inhabitants of these territories thereby lost their original -nationality, ceasing to be Luxembourgers, Belgians, or French. They did -not acquire, however, full German nationality; they were admitted only -gradually to this singular favor, on the further condition that they -furnish certain justifications therefor. - -The Germans sought to efface in them even the memory of their former -country. In Alsace and in Moselle the French language was banned; names -of places and of people were germanized. - -New citizens or mere subjects were equally subjected to the obligations -relating to the Nazi regime: To forced labor, as a matter of course, and -soon to military conscription. In case of resistance to these unjust and -abominable orders, since it was a matter of arming the French against -their allies and in reality against their own country, sanctions were -brought to bear, not only against the parties concerned, but even -against the members of their families, following the theses of Nazi law, -which brush aside the fundamental principles of law against repression. - -Persons who appeared recalcitrant to Nazification, or even those who -seemed of little use to Nazi enterprises, became victims of large-scale -expulsions, driven from their homes in a few short hours with their most -scanty baggage, and despoiled of their property. - -Yet this inhuman evacuation of entire populations, which will remain one -of the horrors of our century, appears as favorable treatment when -compared to the deportations which were to fill the concentration camps, -in particular the Struthof Camp in Alsace. - -At the same time that they oppressed the population by force and in -contravention of all law, the Nazis undertook, according to their -method, to convince the people of the excellence of their regime. The -young people especially were to be educated in the spirit of National -Socialism. - -The Germans did not proceed to the annexation, properly speaking, of -other areas than those we have named. It is beyond doubt, however, and -confirmed by numerous indications, that they proposed to annex -territories much more important by applying to them the same regime, if -the war had ended in a German victory. But everywhere they prepared for -the abolition or the weakening of the national status by debarring or -damaging the sovereignty of the state involved and by forcing the -destruction of patriotic feelings. - -In all the occupied countries, whether or not there existed an apparent -governmental authority, the Germans systematically disregarded the laws -of occupation. They legislated, regulated, administered. Besides the -territories annexed outright, the other occupied territories also were -in a state that might be defined as a state of pre-annexation. - -This leads to a second aspect which is the attack on spiritual security. -Everywhere, although with variation in time and space, the Germans -applied themselves to abolishing the public freedoms, notably the -freedom of association, the freedom of the press; and they endeavored to -trammel the essential freedoms of the spirit. - -The German authorities subordinated the press to the strictest -censorship, even in matters devoid of military character; a press, many -of whose representatives, moreover, were inspired by them. Manifold -restrictions were imposed on industry and on the moving picture -business. Numerous works altogether without political character were -banned, even textbooks. Religious authorities themselves saw their -clerical realm invaded and words of truth could not be heard. After -having curtailed freedom of expression even beyond the degree that a -state of war and occupation justified, the Germans developed their -National Socialist propaganda systematically through the press, radio, -films, meetings, books, and posters. All these efforts achieved so -little result that one might attempt today to minimize their importance. -Nevertheless, the propaganda conducted by means most contrary to the -respect due human intelligence and on behalf of a criminal doctrine, -must go down in history as one of the disgraces of the National -Socialist regime. - -No less did the Germanization program compromise human rights in the -other broad aspects that we have defined: Right of the family, right of -professional and economic activity, juridical guarantees. These rights -were attacked; these guarantees were curtailed. The forced labor and the -deportations infringed the rights of the family, as well as the rights -of labor. The arbitrary arrests suppressed the most elementary legal -guarantees. In addition, the Germans tried to impose their own methods -on the administrative authorities of the occupied countries and -sometimes unfortunately succeeded in their attempts. - -It is also known that racial discriminations were provoked against -citizens of the occupied countries who were catalogued as Jews, measures -particularly hateful, damaging to their personal rights and to their -human dignity. - -All these criminal acts were committed in violation of the rules of -international law, and in particular the Hague Convention, which limits -the rights of armies occupying a territory. - -The fight of the Nazis against the human status completes the tragic and -monstrous totality of war criminality of Nazi Germany, by placing her -under the banner of the abasement of man, deliberately brought about by -the National Socialist doctrine. This gives it its true character of a -systematic undertaking of a return to barbarism. - -Such are the crimes which National Socialist Germany committed while -waging the war of aggression that she launched. The martyred peoples -appeal to the justice of civilized nations and request Your High -Tribunal to condemn the National Socialist Reich in the person of its -surviving chiefs. - -Let the defendants not be astonished at the charges brought against them -and let them not dispute at all this principle of retroactivity, the -permanence of which was guaranteed, against their wishes, by democratic -legislation. War Crimes are defined by international law and by the -national law of all modern civilizations. The defendants knew that acts -of violence against the persons and property and human status of enemy -nationals were crimes for which they would have to answer before -international justice. - -The Governments of the United Nations have addressed many a warning to -them since the beginning of the hostilities. - -On 25 October 1941 Franklin Roosevelt, President of the United States of -America, and Winston Churchill, Prime Minister of Great Britain, -announced that the war criminals would not escape just punishment: - - “The massacres of France”—said Churchill—“are an example of - what Hitler’s Nazis are doing in many other countries under - their yoke. The atrocities committed in Poland, Yugoslavia, - Norway, Holland, Belgium, and particularly behind the German - front in Russia, exceed anything that has been known since the - darkest and most bestial ages of humanity. The punishment of - these crimes should now be counted among the major goals of the - war.” - -During autumn 1941 the representatives of the governments of the -occupied countries met in London upon the initiative of the Polish and -Czech Governments. They worked out an inter-Allied declaration which was -signed on 13 January 1942. May I remind the Tribunal of its terms: - - “The undersigned, representing the Governments of Belgium, of - Czechoslovakia, the National Committee of Free France, the - Governments of Greece, of Luxembourg, of the Netherlands, of - Poland, and of Yugoslavia, - - “Whereas Germany, from the beginning of the present conflict, - which was provoked by her policy of aggression, set up in the - occupied countries a regime of terror characterized, among other - things, by imprisonment, mass expulsions, massacres, and - execution of hostages; - - “Whereas these acts of violence are committed equally by the - allies and associates of the Reich, and in certain countries by - citizens collaborating with the occupying power; - - “Whereas international solidarity is necessary in order to - prevent these deeds of violence from giving rise to acts of - individual or collective violence, and finally in order to - satisfy the spirit of justice in the civilized world; - - “Recalling to mind that international law and, in particular, - the Hague Convention signed in 1907, concerning the laws and - customs of land warfare, do not permit belligerents to commit - acts of violence against civilians in occupied countries, or to - violate laws which are in force or to overthrow national - institutions; - - “1. Affirming that acts of violence thus committed against - civilian populations have nothing in common with the conceptions - of an act of war or a political crime as this is understood by - civilized nations; - - “2. Taking note of the declarations made in this respect on 25 - October 1941, by the President of the United States of America - and the British Prime Minister; - - “3. Placing among their chief war aims, the punishment by means - of organized justice of those guilty of, or responsible for, - these crimes, whether they ordered, perpetrated, or shared in - them; - - “4. Having decided to see to it in a spirit of international - solidarity that: a) Those guilty or responsible, whatever their - responsibility, shall be sought out, brought to justice, and be - judged; b) that the sentences pronounced shall be executed. - - “In faith whereof, the undersigned, being duly authorized, to - this effect have signed this declaration.” - -The leaders of National Socialist Germany received other warnings. I -refer to the speech of General De Gaulle of 13 January 1942; that of -Churchill of 8 September 1942; the note of Molotov, Commissar of the -People for Foreign Affairs of the Soviet Union, of 14 October 1942; and -the second inter-Allied declaration of 17 December 1942. The latter was -made simultaneously in London, Moscow, and Washington after receipt of -information according to which the German authorities were engaged in -exterminating the Jewish minorities in Europe. In this declaration, the -Governments of Belgium, Czechoslovakia, Greece, Luxembourg, the -Netherlands, Norway, Poland, the United States of America, the United -Kingdom, the Soviet Union, Yugoslavia, and the French National Committee -which represented the continuation of France, solemnly reaffirmed their -will to punish the war criminals who are responsible for this -extermination. - -THE PRESIDENT: Would this be a convenient time to break off for 10 -minutes? - - [_A recess was taken._] - -M. DE MENTHON: The premises for a just punishment are thus fulfilled. -The defendants, at the time when they committed their crimes, knew the -will of the United Nations to bring about their punishment. The warnings -which were given to them contain a definition which precedes the -punishment. - -The defendants, moreover, could not be ignorant of the criminal nature -of their activities. The warnings of these Allied governments in effect -translated in a political form the fundamental principles of -international and of national law which permit the punishment of war -criminals to be established on positive precedents and positive rules. - -The founders of international law had a presentiment of the concept of -war crime, particularly Grotius who elucidated the criminal character of -needless acts of war. The Hague Conventions, after the lapse of several -centuries, established the first generally binding standards for laws of -war. They regulated the conduct of hostilities and occupation -procedures; they formulated positive rules in order to limit recourse to -force and to bring the necessities of war into agreement with the -requirements of human conscience. War Crimes thus received the first -definition under which they may be considered; they became a violation -of laws and customs of war as codified by the Hague Convention. - -Then came the war of 1914. Imperial Germany waged the first World War -with a brutality perhaps less systematic and frenzied than that of the -National Socialist Reich, but just as deliberate. The deportation of -workers, looting of public and private property, the taking and killing -of hostages, the demoralization of the occupied territories constituted, -in 1914 as in 1939, the political methods of German warfare. - -The Treaty of Versailles was based on the Hague Convention in order to -establish the suppression of War Crimes. Under the title “Sanctions” -Chapter VII of the Treaty of Versailles discusses criminal -responsibility incurred in the launching and waging of the conflict -which was then the Great War. Article 227 accused William of -Hohenzollern, previously Emperor of Germany, of a supreme offense -against international morality and against the sacred character of -treaties. Article 228 acknowledged the right of the Allied and -Associated Powers to bring persons guilty of acts contrary to the laws -and customs of war before military tribunals. Article 229 provided that -criminals whose acts were not of precise geographical location were to -be referred to inter-Allied jurisdiction. - -The provisions of the Treaty of Versailles were repeated in the -conventions which were signed in 1919 and 1920 with the powers allied -with Germany, in particular in the Treaty of Saint-Germain and in that -of Neuilly. That is how the idea of war crime was affirmed in -international law. The peace treaties of 1919 not only defined the -concept of infraction, they formulated the terms of its repression. The -defendants were aware of this, just as they were aware of the warnings -of the governments of the United Nations. They no doubt hoped that the -repetition of the factual circumstances, which hampered the punishment -of the criminals in 1914, would permit them to escape their just -punishment. Their presence before this Tribunal is the symbol of the -constant progress which international law is making in spite of all -obstacles. - -International law had given a still more precise definition of the term -“war crime.” This definition was formulated by the commission which the -preliminary peace conference appointed on 25 January 1919 to disentangle -the various responsibilities incurred in the course of the war. The -report of the Commission of Fifteen of 29 March 1919 constitutes the -historical basis of Articles 227 and following of the Treaty of -Versailles. The Commission of Fifteen based its investigation of -criminal responsibilities on an analysis of the crimes liable to involve -them. A material element enters into the juridical settlement of any -infraction. Its definition is, therefore, the more precise as it -includes an enumeration of the facts which it encompasses. That is why -the Commission of Fifteen set up a list of War Crimes. This list -includes 32 infractions. These are particularly: - -1. Murders, massacres, systematic terrorism; 2. killing of hostages; 3. -torture of civilians; 8. confinement of civilians in inhuman conditions; -9. forced labor of civilians in connection with military operations of -the enemy; 10. usurpation of sovereignty during the occupation of -occupied territories; 11. forced conscription of soldiers among the -inhabitants of the occupied territories; 12. attempts to denationalize -the inhabitants of occupied territories; 13. looting; 14. confiscation -of property; 17. imposition of collective fines; 18. wilful devastation -and destruction of property; 25. violation of other rules concerning the -Red Cross; 29. ill-treatment of wounded and prisoners of war; and 30. -use of prisoners of war for unauthorized work. - -This list, which already includes the grievances against the defendants -enumerated in the Indictment and from which we have just quoted a few -facts, is significant because the War Crimes which it encompasses all -present a composite character. They are crimes against both -international law and national law. Some of these crimes constitute -attacks on the fundamental liberties and constitutional rights of -peoples and of individuals; they consist in the violation of public -guarantees which are recognized by the constitutional Charter of the -Nations whose territories were occupied; violation of the principles of -liberty, equality, and fraternity which France proclaimed in 1789 and -which the civilized states guarantee in perpetuity. These War Crimes are -violations of public international law, since they represent a -systematic refusal of acknowledgment of all respective rights of both -occupying and occupied power; but they also may be analyzed as -violations of public national law, since they mean forcibly transforming -the constitutional institutions of the occupied territories and the -juridical statute of their inhabitants. - -More numerous are crimes which constitute attacks on the integrity of -the physical person and of property. They are allied with war law -regulations and include violations of international law and customs. - -But the international conventions, it should be noticed, determine the -elements constituting an infraction more than they actually establish -that infraction itself. The latter existed before in all national -legislatures; it was to some extent a part of the juridical inheritance -common to all nations; governments agreed to affirm its international -character and to define its contents. International penal law is thus -superimposed on national law, which preserves its repressive basis -because the war crime remains, after all, a crime of common law. -National penal law gives the definition of this. All the acts referred -to in Article 6 of the Charter of 8 August 1945, all the facts -encompassed by the third Count of the Indictment of 18 October 1945 -correspond to the infractions of common law provided for and punished by -national penal legislation. The killing of prisoners of war, of -hostages, and of inhabitants of occupied territories falls, in French -law, under Articles 295 and following of the Penal Code, which define -murder and assassination. The mistreatment to which the Indictment -refers would come under the heading of bodily injuries caused -intentionally or through negligence which are defined by Articles 309 -and following. Deportation is analyzed, independently of the murders -which accompany it, as arbitrary sequestration, which is defined by -Articles 341 and 344. Pillage of public and private property and -imposition of collective fines are penalized by Articles 221 and the -following of our Military Code of Justice. Article 434 of the Penal Code -punishes voluntary destruction, and the deportation of civilian workers -may be compared with the forced conscription provided for by Article 92. -The oath of allegiance is equivalent to the exaction of a false oath in -Article 366, and the Germanization of occupied territories may be -applied to a number of crimes, the most obvious of which is forced -incorporation in the Wehrmacht in violation of Article 92. The same -equivalents can be found in all modern legislative systems and -particularly in German law. - -The crimes against persons and property of which the defendants are -guilty are provided for by all national laws. They present an -international character because they were committed in several different -countries; from this there arises a problem of jurisdiction, which the -Charter of 8 August 1945 has solved, as we have previously explained; -but this leaves intact the rule of definition. - -A crime of common law, the war crime is, nevertheless, not an ordinary -infraction. It has a character peculiarly intrinsic—it is a crime -committed on the occasion or under the pretext of war. It must be -punished because, even in time of war, attacks on the integrity of the -physical person and or property are crimes if they are not justified by -the laws and customs of war. The soldier who on the battlefield kills an -enemy combatant commits a crime, but this crime is justified by the law -of war. International law therefore intervenes in the definition of a -war crime, not in order to give it essential qualification but in order -to fix its outer limits. In other words, every infraction committed on -the occasion or under the pretext of hostilities is criminal unless -justified by the laws and customs of war. International law here applies -the national theory of legitimate defense which is common to all codes -of criminal law. The combatant is engaged in legitimate defense on the -battlefield; his homicidal action is therefore covered by a justifying -fact. But if this justifying fact is taken away the infraction, whether -ordinary crime or war crime, remains in its entirety. To establish the -justifying fact, the criminal action must be necessary and proportional -to the threat to which it responds. The defendants, against whom justice -is demanded of you, can plead no such justification. - -Nor can they escape their responsibility by arguing that they were not -the physical authors of the crimes. The war crime involves two -responsibilities, distinct and complementary: that of the physical -author and that of the instigator. There is nothing heterodox in this -conception. It is the faithful representation of the criminal theory of -complicity through instructions. The responsibility of the accomplice, -whether independent or complementary to that of the principal author, is -incontestable. The defendants bear the entire responsibility for the -crimes which were committed upon their instructions or under their -control. - -Finally, these crimes cannot be justified by the pretext that an order -from above was given by Hitler to the defendants. The theory of the -justifying fact of an order from above has, in national law, definite -fixed limits; it does not cover the execution of orders whose illegality -is manifest. German law, moreover, assigns only a limited rule to the -concept of justification by orders from above. Article 47 of the German -Military Code of Justice of 1940, although maintaining in principle that -a criminal order from a superior removes the responsibility of the -agent, punishes the latter as an accomplice, when he exceeded the orders -received or when he acted with knowledge of the criminal character of -the act which had been ordered. Goebbels once made this juridical -concept the theme of his propaganda. On 28 May 1944 he wrote in an -article in the _Völkischer Beobachter_, which was submitted to you by -the American Prosecution, an article intended to justify the murder of -Allied pilots by German mobs: - - “The pilots cannot validly claim that as soldiers they obeyed - orders. No law of war provides that a soldier will remain - unpunished for a hateful crime by referring to the orders of his - superiors, if their orders are in striking opposition to all - human ethics, to all international customs in the conduct of - war.” - -Orders from a superior do not exonerate the agent of a manifest crime -from responsibility. Any other solution would, moreover, be -unacceptable, for it would testify to the impotence of all repressive -policy. - -All the more reason why orders from above cannot be the justifying fact -for the crimes of the defendants. Sir Hartley Shawcross told you with -eloquence that the accused cannot claim that the Crimes against Peace -were the doing of Hitler alone and that they limited themselves to -transmitting the general directives. War Crimes may be compared to the -will for aggression; they are the common work of the defendants; the -defendants bear a joint responsibility for the criminal policy which -resulted from the National Socialist doctrine. - -The responsibility, for German war criminality, because it constituted a -systematic policy, planned and prepared before the opening of -hostilities, and perpetrated without interruption from 1940 to 1945, -rests with all the defendants, political or military leaders, high -officials of National Socialist Germany, and leaders of the Nazi Party. - -Nevertheless, some among them appear more directly responsible for the -acts taken as a whole, particularly those facts connected with the -French charges, that is to say, crimes committed in the Western occupied -territories or against the nationals of those countries. We shall cite: - -The Defendant Göring as Director of the Four Year Plan and President of -the Cabinet of Ministers for Reich Defense; the Defendant Ribbentrop in -his capacity as Minister of Foreign Affairs in charge of the -administration of occupied countries; the Defendant Frick in his -capacity as Director of the Central Office for occupied territories; the -Defendant Funk in his capacity as Minister of Reich Economy; the -Defendant Keitel, inasmuch as he had command over the occupation armies; -the Defendant Jodl, associated in all the responsibilities of the -preceding defendant; the Defendant Seyss-Inquart in his capacity as -Reich Commissioner for the occupied Dutch territory from 13 May 1940 to -the end of the hostilities. - -We will examine more particularly among these defendants, or among -others, those responsible for each category of acts, it being understood -that this enumeration is in no wise restrictive. - -The Defendant Sauckel bears the chief responsibility for compulsory -labor in its various forms. As Plenipotentiary for Allocation of Labor, -he carried out the intensive recruiting of workers by every possible -means. He is in particular the signer of the decree of 22 August 1942, -which constitutes the charter for compulsory labor in all occupied -countries. He worked in liaison with the Defendant Speer, Chief of the -Todt Organization and Plenipotentiary General for Armament in the office -of the Four Year Plan; as well as with the Defendant Funk, Minister of -Reich Economy; and with the Defendant Göring, Chief of the Four Year -Plan. - -The Defendant Göring participated directly in economic looting in the -same capacity. He appears often to have sought and derived a personal -profit from it. - -The Defendant Ribbentrop in his capacity as Minister of Foreign Affairs -was no stranger to these acts. - -The Defendant Rosenberg, organizer and Chief of the Einsatzstab -Rosenberg, is particularly guilty of the looting of works of art in the -occupied countries. - -The chief responsibility for the murders of hostages lies with the -Defendant Keitel, the drafter notably of the general order of 16 -September 1941, with his assistant, the Defendant Jodl, and with the -Defendant Göring who agreed to the order in question. - -The Defendant Kaltenbrunner, Himmler’s direct associate and chief of all -the foreign police and security offices, is directly responsible for the -monstrous devices to which the Gestapo had recourse in all occupied -countries, devices which are only the continuation of the methods -originated in the Gestapo by its founder, in Prussia, the Defendant -Göring. The Defendant Kaltenbrunner is likewise directly responsible for -the crimes committed in deportation camps. Moreover, he visited these -camps of deportation, as will be proved by the French Delegation in the -case of the Mauthausen Camp. The Defendant Göring knew of and gave his -approval to the medical experiments made on prisoners. The Defendant -Sauckel forced prisoners by every possible means to work under -conditions, which were often inhuman, for the German war production. - -The Defendant Keitel and his assistant, the Defendant Jodl, are -responsible for treatment contrary to the laws of war inflicted upon war -prisoners, for murders and killings to which they were subjected, as -well as for handing over great numbers of them to the Gestapo. The -Defendant Göring shares their responsibility for the execution of Allied -aviators and soldiers belonging to the commando groups. The Defendant -Sauckel directed the work of war prisoners for the German war production -in violation of international law. - -The Defendant Keitel and the Defendant Kaltenbrunner both bear the chief -responsibility for the terrorist actions carried out jointly by the -German Army and the police forces in the various occupied countries and -notably in France against the Resistance, as well as for the -devastations and massacres carried out against the civilian population -of several French departments. The Defendant Jodl shares in this -responsibility, most particularly through his initial order, “Fight -against Partisan Bands,” dated 6 May 1944, which provides for -“collective measures against the inhabitants of entire villages.” These -blows against mankind are the result of racial theories of which the -Defendant Hess, the Defendant Rosenberg, and the Defendant Streicher are -among the instigators or propagandists. The Defendant Hess participated -notably in the elaboration of this subject, which is found in _Mein -Kampf_. - -The Defendant Rosenberg, one of the principal theorists of racial -doctrine, exercised the function of special delegate for the spiritual -and ideological training of the Nazi Party. The Defendant Streicher -showed himself to be one of the most violent anti-Semitic agitators. In -the execution of the policy of Germanization and Nazification -responsibility is shared between the Ministry of Foreign Affairs, that -is to say, the Defendant Ribbentrop; the General Staff, that is, the -Defendants Keitel and Jodl; the Central Office for all the occupied -territories, that is, the Defendant Frick. - -The major National Socialist culprits had their orders carried out in -the divers Nazi organizations, which we ask you to declare criminal, in -order that each of their members may be then apprehended and punished. - -The Reich Cabinet, the Leadership Corps of the Nazi Party, the General -Staff, the High Command of the German Armed Forces represent only a -small number of persons whose guilt and punishment must ultimately -result from the evidence, since they participated personally and -directly in the decisions, or ensured their execution through some -eminent person in the political or military hierarchy, and without being -able to ignore their criminal nature. - -The leaders of the Nazi Party are unquestionably in the forefront of -those who participated in the criminal enterprise, and around the -Defendants Keitel and Jodl the military High Command directed the Army -to the execution of hostages, to pillage, to wanton destruction, and to -massacres. - -But perhaps it will seem to you that the punishment of hundreds of -thousands of men who belonged to the SS, to the SD, to the Gestapo, to -the SA, will give rise to some objection. I should like to try, should -this be the case, to do away with that objection by showing you the -dreadful responsibilities of these men. Without the existence of these -organizations, without the spirit which animated them, one could not -understand how so many atrocities could have been perpetrated. The -systematic War Crimes could not have been carried out by Nazi Germany -without these organizations, without the men who composed them. It is -they who not only executed but willed this body of crimes on behalf of -Germany. - -It may have seemed impossible to you that the monstrous barbarity of the -National Socialist doctrine could have been imposed upon the German -people, the heir, as are our people, of the highest values of -civilization. The education by the Nazi Party of the young men who -formed the SS, the SD, and the Gestapo, explains the hold Nazism -exercised over all Germany. They incarnated National Socialism, and -permitted it to accomplish, thanks to the guilty passiveness of the -whole German population, a part of its purpose. This youth, those who -carried out the tenets of the regime, were trained in a veritable -doctrine of immoralism, which results from the ideology that inspired -the regime. The myth of the race removed from war in the eyes of these -disciples of Nazism its criminal character. - -If it is proved that a superior race is to annihilate races and peoples -that are considered inferior and decadent, incapable of living a life as -it should be lived, before what means of extermination will they recoil? -This is the ethics of immorality, the result of the most authentic -Nietzscheism, which considers that the destruction of all conventional -ethics is the supreme duty of man. The crime against race is punished -without pity. The crime on behalf of race is exalted without limit. The -regime truly creates a logic of crime which obeys its own laws, which -has no connection whatsoever with what we consider ethical. With such a -point of view, all horrors could have been justified and authorized. So -many acts which appear incomprehensible to us, so greatly do they clash -with our customary notions, were explained, were formulated in advance -in the name of the racial community. - -Add that these atrocities and these cruelties were perpetrated within -the rigid framework created by the “esprit de corps,” by the soldierly -solidarity which bound individuals and insured the legitimacy of the -crime an unlimited field of action. The individuals who committed them -would not only be covered by the regime itself, but spurred on by the -discipline and the “camaraderie” of these corps, imbued with Nazi -criminality. - -The Nazi youth was invited to go through an extraordinary adventure. -Having unlimited power at its disposal, thanks to the Party and its -massive grip, it was first of all called upon to implement the grandiose -dreams of National Socialist Pan-Germanism. - -The Party exercised a rigid selection of its youth, and neglected no -incentive. It solicited from its youth the desire to distinguish itself, -to accomplish exploits beyond the common order and beyond nature. The -young Nazis in the Gestapo and the SS knew that their acts, no matter -how cruel or how inhumane they might be, would always be judged -legitimate by the regime, in the name of the racial community, of its -needs, and of its triumphs. The Nazi Party, thanks to the young men of -the SS, of the SD, and of the Gestapo, had thus become capable of -accomplishing in the field of criminality what no other person or nation -could have committed. - -The members of these organizations became voluntarily the authors of -these innumerable crimes of all kinds, often executed with disconcerting -cynicism and with artful sadism in the concentration camps of Germany as -well as in the various occupied countries, and especially in those of -Western Europe. - -The crimes are monstrous. The crimes and the responsibility for them -have definitely been established. There is no possible doubt. -Nevertheless throughout these tranquil sessions of this Trial, -extraordinary in the history of the world, in view of the exceptional -nature of the justice which your High Tribunal is called upon to render -before the United Nations and the German people and before all mankind a -few objections may arise in our minds. - -It is our duty to discuss this exhaustively, even if it is only -sub-conscious in us, for soon a pseudo-patriotic propaganda may take -hold of Germany, and even may echo in some of our countries. - -“Who can say: I have a clean conscience, I am without fault? To use -different weights and measures is abhorred by God.” This text from the -Holy Scriptures (Proverbs XX, 9-10) has already been mentioned here and -there; it will serve tomorrow as a theme of propaganda, but above all, -it is profoundly written in our souls. Rising in the name of our -martyred people as accusers of Nazi Germany, we have never for a moment -repressed it as a distasteful reminder. - -Yes, no nation is without reproach in its history, just as no individual -is faultless in his life. Yes, every war in itself brings forth -iniquitous evils and entails almost necessarily individual and -collective crimes, because it easily unleashes in man the evil passions -which always slumber there. - -But we can examine our conscience fearlessly in the face of the Nazi -culprits; we find no common measure between them and ourselves. - -If this criminality had been accidental; if Germany had been forced into -war, if crimes had been committed only in the excitement of combat, we -might question ourselves in the light of the Scriptures. But the war was -prepared and deliberated upon long in advance, and upon the very last -day it would have been easy to avoid it without sacrificing any of the -legitimate interests of the German people. And the atrocities were -perpetrated during the war, not under the influence of a mad passion nor -of a war-like anger nor of an avenging resentment, but as a result of -cold calculation, of perfectly conscious methods, of a pre-existing -doctrine. - -The truly diabolical enterprise of Hitler and of his companions was to -assemble in a body of dogmas formed around the concept of race, all the -instincts of barbarism, repressed by centuries of civilization, but -always present in men’s innermost nature, all the negations of the -traditional values of humanity, on which nations, as well as -individuals, question their conscience in the troubled hours of their -development and of their life; to construct and to propagate a doctrine -which organizes, regulates, and aspires to command crime. - -The diabolical enterprise of Hitler and of his companions was also to -appeal to the forces of evil in order to establish his domination over -the German people and subsequently the domination of Germany over Europe -and perhaps over the world. It planned to incorporate organized -criminality into a system of government, into a system of international -relations, and into a system of warfare, by unleashing within a whole -nation the most savage passions. - -Nationalism and serving their people and their country will perhaps be -their explanation. Far from constituting an excuse, if any excuse were -possible in view of the enormity of their crime, these explanations -would make it still more serious. They have profaned the sacred idea of -the fatherland by linking it to a willed return to barbarism. In its -name they obtained—half by force, half by persuasion—the adherence of -a whole country, formerly among the greatest in the order of spiritual -values, and have lowered it to the lowest level. The moral confusion, -the economic difficulties, the obsession with the defeat of 1918 and -with the loss of might and the Pan-Germanic tradition are the basis of -the empire of Hitler and of his companions over a people thrown off its -balance; to abandon oneself to force, to renounce moral concern, to -satisfy a love of collectivity, to revel in lack of restraint are the -natural temptations strongly implanted in the German, which the Nazi -leaders exploited with cynicism. The intoxication of success and the -madness of greatness completed the picture and put practically all -Germans, some without doubt unconsciously, in the service of the -National Socialist doctrine by associating them with the diabolical -enterprise of their Führer and his companions. - -Opposing this enterprise men of various countries and different classes -rose, all of them animated by the common bond of their human lot. France -and Great Britain entered the war only to remain faithful to their given -word. The peoples of the occupied countries, tortured in body and soul, -never renounced their liberty nor their cultural values, and it was a -magnificent epic of clandestine opposition and of Resistance which -through a splendid heroism testifies to the spontaneous refusal of the -populations to accept the Nazi myths. Millions and millions of men of -the Soviet Union fell to defend not only the soil and independence of -their country, but also their humanitarian universalism. The millions of -British and American soldiers who landed on our unhappy continent -carried in their hearts the ideal of freeing from Nazi oppression both -the occupied countries and the peoples who willingly or by force had -become the satellites of the Axis and the German people. - -They were all of them together, whether in uniform or not, fighters for -the great hope which throughout the centuries has been nourished by the -suffering of the peoples, the great hope for a better future for -mankind. - -Sometimes this great hope expresses itself with difficulty or loses its -way or deceives itself or knows the dread return to barbarism, but it -persists always and finally constitutes the powerful lever which brings -about the progress of humanity despite everything. These aspirations -always reborn, these concerns constantly awakened, this anguish -unceasingly present, this perpetual combat against evil form in a -definitive manner the sublime grandeur of man. National Socialism only -yesterday imperiled all of this. - -After that gigantic struggle where two ideologies, two conceptions of -life were at grips, in the name of the people whom we represent here and -in the name of the great human hope for which they have so greatly -suffered, so greatly fought, we can without fear and with a clean -conscience rise as accusers of the leaders of Nazi Germany. - -As Mr. Justice Jackson said so eloquently at the opening of this Trial, -“Civilization could not survive if these crimes were to be committed -again,” and he added, “The true plaintiff in this Court is -civilization.” - -Civilization requires from you after this unleashing of barbarism a -verdict which will also be a sort of supreme warning at the hour when -humanity appears still at times to enter the path of the organization of -peace only with apprehension and hesitation. - -If we wish that on the morrow of the cataclysm of war the sufferings of -martyred countries, the sacrifices of victorious nations, and also the -expiation of guilty people will engender a better humanity, justice must -strike those guilty of the enterprise of barbarism from which we have -just escaped. The reign of justice is the most exact expression of the -great human hope. Your decision can mark a decisive stage in its -difficult pursuit. - -Undoubtedly even today, this justice and this punishment have become -possible only because, as a first condition, free peoples emerged -victorious from the conflict. This is actually the link between the -force of the victors and the guilt of the vanquished leaders who appear -before Your High Tribunal. - -But this link signifies nothing else but the revelation of the wisdom of -nations that justice, in order to impose itself effectively and -constantly upon individuals and upon nations, must have force at its -disposal. The common will to put force in the service of justice -inspires our nations and commands our whole civilization. - -This resolution is brilliantly confirmed today in a judicial case where -the facts are examined scrupulously in all their aspects, the penal -nature of the offense rigorously established, the competency of the -Tribunal incontestable, the rights of the defense intact, total -publicity insured. - -Your judgment pronounced under these conditions can serve as a -foundation for the moral uplift of the German people, first stage in its -integration into the community of free countries. Without your judgment, -history might incur the risk of repeating itself, crime would become -epic, and the National Socialist enterprise a last Wagnerian tragedy; -and new Pan-Germanists would soon say to the Germans: - - “Hitler and his companions were wrong because they finally - failed, but we must begin again some day, on other foundations, - the extraordinary adventure of Germanism.” - -After your judgment, if only we know how to enlighten this people and -watch over their first steps on the road to liberty, National Socialism -will be inscribed permanently in their history as the crime of crimes -which could lead it only to material and moral perdition, as the -doctrine which they should forever avoid with horror and scorn in order -to remain faithful or rather become once more faithful to the great -norms of common civilization. - -The eminent international jurist and noble European, Politis, in his -posthumous book entitled _International Ethics_ reminds us that, like -all ethical rules, those which should govern international relations -will never be definitely established unless all peoples succeed in -convincing themselves that there is definitely a greater profit to be -gained by observing them than by transgressing them. That is why your -judgment can contribute to the enlightenment of the German people and of -all peoples. - -Your judgment must be inscribed as a decisive act in the history of -international law in order to prepare the establishment of a true -international society excluding recourse to war and enlisting force -permanently in the service of the justice of nations; it will be one of -the foundations of this peaceful order to which nations aspire on the -morrow of this frightful torment. The need for justice of the martyred -peoples will be satisfied, and their sufferings will not have been -useless to the progress of mankind. - -THE PRESIDENT: M. De Menthon, would you prefer to continue the case on -behalf of France this afternoon, or would you prefer to adjourn? - -M. DE MENTHON: We are at the disposal of the Court. - -THE PRESIDENT: Well then, if that is so, then I think we better go on -until 5 o’clock. - -M. DE MENTHON: It might be preferable to adjourn, because M. Faure’s -brief which is going to be presented will last at least an hour. Perhaps -it is better to adjourn until tomorrow morning. However, we will remain -at the disposal of the Court. - -THE PRESIDENT: When you said that the proof which will now be presented -would take an hour, do you mean by that that it is an introductory -statement or is it a part of the main case which you are presenting? - -M. DE MENTHON: Your Honor, it is part of the general case. - -THE PRESIDENT: Would it not be possible then to go on until 5 o’clock? - -M. DE MENTHON: Yes, quite so. - -M. EDGAR FAURE (Deputy Chief Prosecutor for the French Republic): Mr. -President and Your Honor, I propose to submit to the Tribunal an -introduction dealing with the first and the second part of the French -case. - -The first part relates to forced labor; the second part to economic -looting. These two over-all questions are complementary to each other -and form a whole. Manpower on the one hand and material property on the -other constitute the two aspects of the riches of a country and the -living conditions in that country. Measures taken with regard to the one -necessarily react on the other, and it is understandable that in the -occupied countries German policy with regard to manpower and economic -property was inspired from the very beginning by common directing -principles. - -For this reason the French Prosecution has deemed it logical to submit -successively to the Tribunal those two briefs corresponding to the -letters “H” and “E” of the third Count of the Indictment. My present -purpose is to define these initial directives covering the German -procedure in regard to manpower and to material in the occupied -territories. - -When the Germans occupied the territories of Denmark, Norway, Holland, -Belgium, Luxembourg, and part of continental France, they thereby -assumed a material power of constraint with regard to the inhabitants -and a material power of acquisition with regard to its property. They -thus had in fact the possibility of utilizing these dual resources on -behalf of the war effort. - -On the other hand, legally they were confronted with precise rules of -international law relating to the occupation of territories by the -military forces of a belligerent state. These rules very strictly limit -the rights of the occupant, who may requisition property and services -solely for the needs of the army of occupation. I here allude to the -regulation annexed to the Convention concerning the Laws and Customs of -War signed at The Hague on 18 October 1907, Section III, and in -particular to the Articles 46, 47, 49, 52, and 53. If it please the -Tribunal, I shall merely cite the paragraph of Article 52 which defines -in a perfectly exact manner the lawful conditions of requisition of -persons and property: - - “Requisitions in kind and of services may be demanded of - communities or of inhabitants only for the needs of the army of - occupation. They will be proportionate to the resources of the - country and of such a nature that they do not imply for the - population the obligation of taking part in war operations - against their native country.” - -These various articles must, moreover, be considered in the general -spirit defined in the preamble of the Convention, from which I take the -liberty of reading the last paragraph to the Tribunal: - - “Until such time as a more complete code of the laws of war can - be enacted, the High Contracting Parties deem it opportune to - state that in cases not included in the regulations adopted by - them, populations and belligerents remain under the safeguard - and direction of the principles of the law of nations derived - from the established usages among civilized nations, the laws of - humanity, and the requirements of public conscience.” - -From this point of view it is very evident that the total exploitation -of the resources of occupied countries for the benefit of the enemy’s -war economy is absolutely contrary to the law of nations and to the -requirements of public conscience. - -Germany signed the Hague Convention and it must be pointed out that she -made no reservations at that time except with regard to Article 44, -which relates to the supply of information to the belligerents. She made -no reservation with regard to the articles which we have cited nor with -regard to the preamble. These articles and the preamble, moreover, -reiterate the corresponding text of the previous Hague Convention of 28 -July 1899. - -German official ratifications of the Conventions were given on 4 -September 1900 and 27 November 1909. I have purposely recalled these -well-known facts in order to emphasize that the Germans could not fail -to recognize the constant principles of international law to which they -subscribed on two occasions, long before their defeat in 1918 and -consequently outside the alleged pressure to which they referred in -regard to the Treaty of Versailles. - -While on this subject of juridical theory, may I point out that in the -arrangement signed at Versailles on 28 June 1919 in connection with the -military occupation of the territories of the Rhine, reference is made -in Article 6 to the Hague Convention in the following terms: - - “The right of requisition in kind and in services as formulated - by the Hague Convention of 1907 will be exercised by the allied - and associate armies of occupation.” - -Thus, the governing principles of the rights of requisition by the -occupiers is confirmed by a third international agreement subscribed to -by Germany, who in regard to the occupation of her own territory is here -the beneficiary of this limitation. - -What, then, will the conduct of the Germans be like, in view of this -factual situation, which involves power and temptation, and in view of -this legal situation which involves a limitation? - -The Tribunal is already aware, by virtue of the general presentation of -the American Prosecution, that the conduct of the Germans was to profit -by the fact and to ignore the law. - -The Germans systematically violated international rules and the law of -nations, as far as we are concerned, both by forced labor and by -spoliation. Detailed illustrations of these acts in the Western -countries will be laid before you in the briefs which will follow my -own. For my part I propose to concentrate for a moment on the actual -concepts which the Germans had from the outset. In this connection I -shall submit to the Tribunal three complementary propositions. - -First Proposition: From the very beginning of the occupation, the -Germans decided, in the interests of their war effort, to seize in any -way possible all the resources, both material and human, of the occupied -countries. Their plan was not to take any account of legal limitations. -It is not under the spur of occasional necessity that they subsequently -perpetrated their illicit acts, but in pursuance of a deliberate -intention. - -Second Proposition: However, the Germans took pains to mask their real -intentions; they did not make known that they rejected international -juridical rules. On the contrary, they gave assurance that they would -respect them. The reasons for this camouflage are easy to understand. -The Germans were anxious from the beginning to spare public opinion in -the occupied territory. Brutal proceedings would have aroused immediate -resistance which would have hampered their actions. They also wished to -deceive world opinion, and more particularly American public opinion, -since the United States of America had at that time not yet entered the -war. - -The third proposition which I lay before the Tribunal results from the -first two. As the Germans contemplated achieving their aims and masking -their intentions, they were of necessity bound to organize a system of -irregular means, while maintaining an appearance of legality. The -complexity and the technical character of the proceedings they used -enabled them easily to conceal the real state of affairs from the -uninitiated or the merely uninformed. These disguised means proved, in -fact, just as efficient and perhaps even more so than would have been -brutal seizure. They moreover enabled the Germans to have recourse to -such brutal action the day they deemed that this would yield them more -advantages than inconvenience. - -We are of the opinion that this analysis of the German intentions is of -interest to the Tribunal for, on the one hand, it demonstrates that the -illicit acts were premeditated and that their authors were aware of -their reprehensible character; and on the other hand, it enables one to -understand the scope and extent of these acts, despite the precautions -taken to mask them. - -The evidence which the Prosecution will submit to the Tribunal refers -chiefly to the second and third propositions, for as regards the first, -that is to say, the criminal intention and premeditation, it is -demonstrated by the discrepancy between the facade and reality. - -I say in the first place that the Germans at the time of the occupation -made a pretense of observing the rules of international law. Here is, by -way of example, a proclamation to the French population, signed by the -Commander-in-Chief of the German Army. This is a public document which -is reproduced in the _Official Journal_, containing the decrees issued -by the military governor for French occupied territories, Number 1 dated -4 July 1940. I submit to the Tribunal this document, which will bear -Number RF-1 of the French documentation; and from it I cite merely the -following sentence: - - “The troops have received the order to treat the population with - regard and to respect private property provided the population - remains calm.” - -The Germans proceeded in identical manner in all the occupied countries. -I also submit to the Tribunal the text of the same proclamation, dated -10 May 1940, which was published in the _Official Journal_ of the -Commander-in-Chief in Belgium and in the north of France, Number 1, Page -1, under the title “Proclamation to the Population of Belgium.” The -German text, as well as the Flemish text, bear the more complete title, -“Proclamation to the Population of Holland and Belgium.” In view of the -identical nature of these texts, this copy may be considered as Document -Number RF-1 (bis) of the French documentation. - -I now submit another proclamation entitled, “To the Inhabitants of -Occupied Countries!” dated 10 May 1940, and signed “The -Commander-in-Chief of the Army Group.” This is likewise published in the -_Official Journal_ of German ordinances. This will be Document Number -RF-2 of the French documentation. I will cite the first two paragraphs: - - “The Commander-in-Chief of the German Army has given me - authority to announce the following: - - “I. The German Army guarantees the inhabitants full personal - security and the safeguard of their property. Those who behave - peacefully and quietly have nothing to fear.” - -I also quote passages from Paragraphs V, VI, and VII: - - “V. The administrative authorities of the state, communities, - the police, and schools shall continue their activities. They - therefore remain at the service of their own population. . . . - - “VI. All enterprises, businesses, and banks will continue their - work in the interest of the population. . . . - - “VII. Producers of goods of prime necessity, as well as - merchants, shall continue their activities and place their goods - at the disposal of the public.” - -The passages which I have just quoted are not the literal reproduction -of international conventions, but they reflect their spirit. Repetition -of the terms, “at the service of the population,” “in the interest of -the population,” “at the disposal of the public” must necessarily be -construed as an especially firm assurance that the resources of the -country and its manpower will be preserved for that country and not -diverted in favor of the German war effort. - -We pass now Document under Number RF-2 (bis) to the next of the same -proclamations signed by the Commander-in-Chief of the Army Group and -published in the _Official Journal_ of the Commander-in-Chief in -Belgium, numbered as above, Page 3. - -Finally, on 22 June 1940, an armistice convention was signed between the -representatives of the German Government and the representatives of the -_de facto_ authority which was at that time assuming the Government of -France. This convention is likewise a public document. It will be -submitted to the Tribunal at a later stage as the first document of the -economic case. At this stage I merely wish to cite a sentence of -Paragraph 3, which reads as follows: “In the occupied districts of -France the German Reich exercises all the rights of an occupying power.” - -This constitutes then a very definite reference to international law. -Moreover, the German plenipotentiaries gave in this respect -complementary oral assurances. On this matter I submit to the Tribunal, -in the form of French Exhibit Number RF-3 (Document RF-3), an extract -from the deposition made by Ambassador Leon Noel in the course of -proceedings before the French High Court of Justice. This extract is -reproduced from a book entitled _Transcript in extenso of the Sessions -of the Trial of Marshal Pétain_, printed in Paris in 1945 at the -printing office of the official journals and constitutes a document -admissible as evidence in accordance with the Charter of the Tribunal, -Article 21. This is the statement of M. Leon Noel, which I desire to -cite to the Tribunal. M. Leon Noel was a member of the French Armistice -Delegation. - -THE PRESIDENT: Are you going to present this document to us? - -M. FAURE: This document is presented to the Tribunal. We have given to -the Tribunal the transcript of the proceedings, and in the book of -documents the Tribunal will find the excerpt I am now quoting. - -THE PRESIDENT: We are not in possession of it at present. I do not know -where it is. - -M. FAURE: I think that possibly this document was handed to the -Secretariat of the Tribunal rather late, but it will be here -immediately. May it please the Tribunal, I merely intend to read a short -extract from this document today. - -THE PRESIDENT: We will have it tomorrow, I hope? - -M. FAURE: Certainly, Mr. President. - - [_Quoting._] “I have also obtained a certain number of replies - from German generals which I believe could have been - subsequently used—from General Jodl, who in the month of May - last signed at Reims the unconditional surrender of Germany and - from General (subsequently Marshal) Keitel, who a few weeks - later was to sign in Berlin the ratification of this surrender. - In this way I led them to declare in the most categorical manner - that in no event would they interfere with administration, that - the rights which they claimed for themselves under the - convention were purely and simply those which in similar - circumstances international law and international usage concede - to occupation armies, that is to say, those indispensable for - the maintenance of security, transportation, and the food supply - needs of these armies.” - -These assertions and promises on the part of the Germans were therefore -formal. Now, even at that time, they were not sincere. Indeed, not only -did the Germans subsequently violate them, but from the very beginning -they organized a system whereby they were enabled to accomplish these -violations in the most efficacious manner and at the same time in a -manner which enabled them to some extent to mask them. - -As far as economy and labor are concerned, this German system comes from -a very simple idea. It consisted in supervising production at its -beginning and its end. On the one hand, the Germans embarked immediately -upon the general requisitioning of all raw materials and all goods in -the occupied countries. Thenceforth, it would depend upon them to -supply, or not to supply, raw material to the national industry. They -were thus in a position to develop one branch of production rather than -another, to favor certain undertakings, and, inversely, to oblige other -undertakings to close down. As events and opportunities demanded, they -organized this appropriation of raw materials, principally with a view -to facilitating their distribution in their own interest but the -principle was continuously maintained. They thus held, as it were, the -key of entrance to production. On the other hand, they also held the -exit key, that is to say, of finance. By securing the financial means in -the form of the money of an occupied country, the Germans were able to -purchase products and to acquire, under the pretense of legality, the -output of the economic activity of the country. In point of fact, the -Germans obtained for themselves from the outset such considerable -financial means that they were easily able to absorb the entire -productive capacity of each country. - -If the Tribunal finds it suitable, I will interrupt at this point. - - [_The Tribunal adjourned until 18 January 1946 at 1000 hours._] - - - - - THIRTY-SEVENTH DAY - Friday, 18 January 1946 - - - _Morning Session_ - -M. FAURE: Mr. President, Your Honors. At yesterday’s session I explained -to the Tribunal the principles of the provisions made by the Germans to -ensure the seizure of raw materials and the control of finance in the -occupied countries. - -These provisions will be demonstrated by numerous documents which will -be presented to the Tribunal in the course of the presentation of the -case on economic spoliation and forced labor. I shall not quote these -documents at this moment since, as I pointed out yesterday, the purpose -of my introduction is limited to the initial concepts of the Germans in -these matters. I shall cite only one document, which reveals the true -intentions of the Germans in the very first period. This document bears -our Document Number RF-3 (bis), and I offer it in evidence to the -Tribunal. - -It relates particularly to Norway. It consists of a photostatic copy, -certified, of a transcript of a conference held in Oslo, 21 November -1940, under the presidency of the Reich Commissioner. I would point out -to the Tribunal that we submit this document as being particularly -significant, because Norway is a country which was occupied at a very -early date by the Germans. The date of 21 November 1940, which you see, -refers to the very earliest period of the German occupation, and -moreover, in the text of the conference, allusion is made to the -situation of the 7 months preceding. - -You will find there the exact psychology of the occupation as it existed -in this period of April 1940 to November 1940, that is to say, at the -time, or even before, when the Germans, while invading other countries, -made the reassuring proclamations which I read to the Tribunal -yesterday. - -There were 40 personages present at the conference, of whom State -Secretary Dr. Landfried represented the Reich Ministry of Economics. -This is how the Reich Commissioner expresses himself: - - “Today’s conference is the continuation of a conference which - was held in Berlin. On this occasion I should like, first of - all, to stress and establish definitely that the collaboration - between the Wehrmacht and the Reich Commissioner is exemplary. I - must protest against the idea that the Wehrmacht carried out its - financial task here in a muddled and irresponsible manner. We - must also take into account the particular circumstances which - then prevailed in Norway and which still partially prevail. - - “Certain tasks were fixed by the Führer which were to be carried - out within a given time. - - “At the conference in Berlin the following points were settled, - which we can take as a basis of today’s conference. There is no - doubt that the country of Norway was utilized for the execution - of the tasks of the Wehrmacht during the last 7 months in such a - way that a further drain on the country without some - compensation is no longer possible in view of the future tasks - of the Wehrmacht. - - “I considered it from the beginning my obvious duty in my - capacity as Reich Commissioner to devote my activities to - mobilizing all the economic and material forces of the country - for the purposes of the Wehrmacht and not to call on the - resources of the Reich as long as I am in a position to organize - such resources in the country.” - -I will stop quoting the words of the Reich Commissioner at this point, -and now I shall cite the terms of the reply of Dr. Landfried, which you -will find a little lower down in the document: - - “I am very glad to be able to state that we have succeeded here - in Norway . . . in mobilizing the economic forces of Norway for - German needs to an extent which it has not been possible to - attain in all the other occupied countries. I must thank you - especially in the name of the Minister of Economics for having - succeeded in inducing the Norwegians to achieve the greatest - possible results.” - -I think the Tribunal will have observed the series of expressions which -are used in this document and which are quite characteristic. The Reich -Commissioner says that from the very beginning, his duty was to mobilize -all the economic and material forces of the country for the purposes of -the Wehrmacht, and Dr. Landfried answers that they succeeded in -mobilizing the economic forces to an extent which it has not been -possible to attain in all the other occupied territories. - -Thus we see that Dr. Landfried does not say that the Germans had, in -Norway, a particular concept of occupation and that in the other -countries they used a different procedure; he says that it was not -possible to do as well in the other countries. The only limitation he -recognizes is a limit of fact and opportunity, which will soon be -overcome, but in no wise a limitation of law. The idea of a legal -limitation never enters his mind, any more than it comes to the mind of -any of the 40 personages present. - -It is not here a question of an opinion or initiative of a regional -administrative authority, but rather of the official doctrine of the -Reich Cabinet and the High Command, since 40 high officials were present -at this conference, and especially the representative of the Minister -for Economy. - -I should like to stress at this point that this German doctrine and -these German methods for the mobilization of the resources of the -occupied countries necessarily extend to the labor of the inhabitants. - -I said yesterday that the Germans ensured for themselves from the very -beginning the two keys of production. By that very fact they had within -their power the working capital and the manpower. It depended on their -decision whether labor worked or did not work, whether there should or -should not be unemployment. This explains in a general way why the -Germans took such brutal measures as the displacement and the -mobilization of workers only after a certain time. - -In the first period, that is to say, as long as there existed in the -occupied countries stocks and raw materials, it was more in the -interests of the Germans to utilize labor locally, at least to a great -extent. This labor permitted them to produce for their benefit, with the -wealth of these countries, finished products which they seized. Thus, -besides the moral advantage of safeguarding appearances, they avoided -the initial transportation of raw materials. The consideration of -transport difficulties was always very important in the German war -economy. - -But when after a time, which was more or less long, the occupied -countries were impoverished in their raw materials and really ruined, -then the Germans no longer had any interest in permitting labor to work -on the spot. They would, indeed, have had to furnish the raw materials -themselves, and consequently that would involve double -transportation—that of raw material in one direction and that of the -finished products in the other direction. At that moment it became more -advantageous for them to export workmen. This consideration coincided, -moreover, with the needs resulting from the economic situation of -Germany at that time and with political considerations. - -On this question of the use of labor, I shall read to the Tribunal a few -sentences of a document which I offer under Document Number RF-4. It is -therefore the document following that from which I have just read. The -note which you will find in the document book reproduces the sentences -from an article which appeared in the newspaper _Pariser Zeitung_ on 17 -July 1942. - -I offer at the same time to the Tribunal a certified photostatic copy of -the page of the newspaper, which is from the collection of the -Bibliothèque Nationale. This article is signed by Dr. Michel, who was -the Chief of the Economic Administration in France. Its title is “Two -Years of Controlled Economy in France.” It is then an article written -for the purpose of German propaganda since it appeared in a German -newspaper which published one page in French in Paris. Naturally I wish -to point out to the Tribunal that we in no way accept all the ideas -which are presented in this article, but we should like to point out -several sentences of Dr. Michel’s as revealing the same sort of -procedure about which I was speaking just now, which consisted of -utilizing labor, first on the spot, as long as there was raw material, -and then deporting that labor to Germany: - - “In order to utilize the productive forces of French industry, - the Reich began by transferring to France its orders for - industrial articles for the war effort. - - “One single figure is sufficient to show the success of this - transfer of German orders: The value of the transactions to date - is expressed in a figure surpassing hundreds of thousands of - millions of francs. New blood is circulating in the veins of - French economy, which is working to the utmost of its - capacity. . . .” - -Some sentences in the original are omitted here, as they are of no -interest, and I would like to read the following sentence: - - “As the stocks of raw materials tended to diminish on account of - the length of the war, the recruitment of available French labor - began.” - -Dr. Michel uses here elegant ways of expressing himself, which cover the -reality, that is to say, the beginning of the transfer of workmen at the -moment when raw materials, which the Germans had appropriated from the -beginning, had begun to be exhausted. - -The conclusion which I would now like to give to my statement is the -following: That the Germans have always considered labor, human labor, -as a factor for their use. This attitude existed even before the -official institution of compulsory labor, of which we will speak to you -presently. - -For Germans the work of others has always been compulsory and for their -profit, and it was meant to remain so even after the end of the war. - -It is this last point that I should like to emphasize, for it shows the -extent and the gravity of the German conception and of the German -projects. I shall quote in relation to this a document which will bear -the Number RF-5 in our document book. Here is the document, which I -submit to the Tribunal. It is a work published in French in Berlin in -1943, by Dr. Friedrich Didier, entitled _Workers for Europe_. It was -issued by the central publishing house of the National Socialist Party. -It begins with a preface by the Defendant Sauckel, whose facsimile -signature is printed. - -I shall quote to the Tribunal a paragraph from this work, which is the -last page in my document book. It is Document Number RF-5 and this -sentence is found on Page 23. I quote: - - “A great percentage of foreign workers will remain, even after - victory, in our territory, in order to complete then—having - been trained in construction work—what the outbreak of war had - prevented, and to carry out those planned projects which up to - now had remained unrealized.” - -Thus, in a work of propaganda, consequently written with great prudence -and with intent to seduce, we nevertheless find this main admission by -the Germans, that they intended to keep, even after the war, the workers -of other countries in order to insure the greatness of Germany without -any limitation of aim or time. Hence it is a matter of a policy of -perpetual exploitation. - -If it please the Tribunal, my introduction having come to an end, M. -Herzog will present the brief relating to forced labor in France. - -M. JACQUES B. HERZOG (Assistant Prosecutor for the French Republic): Mr. -President and Your Honors. - -The National Socialist doctrine, by the pre-eminence which it gives to -the idea of the State, by the contempt in which it holds individuals and -personal rights, contains a conception of work which agrees with the -principles of its general philosophy. - -For it, work is not one of the forms of the manifestation of individual -personalities; it is a duty imposed by the community on its members. - -“The relationship of labor, according to National Socialist ideas,” a -German writer has said, “is not a simple judicial relationship between -the worker and his employer; it is a living phenomenon in which the -worker becomes a cog in the National Socialist machine for collective -production.” The conception of compulsory labor is thus, for National -Socialism, necessarily complementary to the conception of work itself. - -Compulsory labor service was first of all imposed on the German people. -German labor service was instituted by a law of 26 June 1935 which bears -Hitler’s signature and that of the Defendant Frick, Minister of the -Interior. This law was published in the _Reichsgesetzblatt_, Part I, -Page 769. I submit it to the Tribunal as Exhibit Number RF-6 (Document -Number 1389-PS). - -From 1939 the mobilization of workers was added to the compulsory labor -service. Decrees were promulgated to that effect by the Defendant Göring -in his capacity as Delegate for the Four Year Plan. I do not stress this -point; it arises from the conspiracy entered into by the accused to -commit their Crimes against Peace, and which my American colleagues have -already brought to the attention of the Tribunal. I merely point out -that the mobilization of workers was applicable to foreigners resident -in German territory, because I find in this fact the proof that the -principle of compulsory recruitment of foreign workers existed prior to -the war. Far from being the spontaneous result of the needs of German -war industry, the compulsory recruitment of foreign workers is the -putting into practice of a concerted policy. I lay before the Tribunal a -document which proves this. It is Document C-2 of the French -classification, which I offer as Exhibit Number RF-7. This is a -memorandum of the High Command of the German Armed Forces of 1 October -1938. This memorandum, drawn up in anticipation of the invasion of -Czechoslovakia, contains a classification of violations possible under -international law. In connection with each violation appears the -explanation which the High Command of the Armed Forces thinks it -possible to give. The document appears in the form of a list in four -columns. In the first is a statement of the violations of international -law; the second gives a concrete example; the third contains the point -of view of international law on the one hand and, on the other hand, the -conclusions which can be drawn from it; the fourth column is reserved -for the explanation of the Propaganda Ministry. - -I read the passage which deals with the forced labor of civilians and -prisoners of war, which is found on Page 6 of the German original, Page -7 of the French translation: - - “Use of prisoners of war and civilians for war work, - (construction of roads, digging trenches, making munitions, - employment in transport, _et cetera_).” - -Second column: - - “Captured Czech soldiers or Czech civilians are ordered to - construct roads or to load munitions.” - -The third column: - - “Article 31 of an agreement signed 27 July 1939 concerning the - treatment of prisoners of war forbids their use in tasks - directly related to war measures. Compulsion to do such work is - in every case contrary to international law. The use of - prisoners of war as well as civilians is allowed for road - construction but forbidden for the manufacture of munitions.” - -Last column: - - “The use of these measures may be based on war needs or on the - declaration that the enemy has acted in the same way first.” - -The compulsory recruitment of foreign workers is thus in accordance with -National Socialist doctrine, one of the elements of the policy of German -domination. Hitler himself recognized this on several occasions. I quote -in this connection his speech of 9 November 1941 which was printed in -the _Völkischer Beobachter_ of 10 November 1941, Number 314, Page 4, -which I submit to the Tribunal under Document Number RF-8. I read the -extract of this discourse, Columns 1 and 2, and the first paragraph -below, in the German original: - - “The territory which now works for us contains more than 250 - million men, but the territory in Europe which works indirectly - for this battle includes now more than 350 million. - - “As far as German territory is concerned, the territory occupied - by us and that which we have taken under our administration, - there is no doubt that we shall succeed in harnessing every man - for this work.” - -The recruitment of foreign workers thus proceeds in a systematic manner. -It constitutes the putting into practice of the political principles as -applied to the territories occupied by Germany. These principles, the -concrete development of which in other departments of German criminal -activity will be pointed out to you by my colleagues, are essentially of -two kinds: employment of all active forces of the occupied or dominated -territories; extermination of all their non-productive forces. - -These are the two reasons which the defendants gave in justification for -the establishment of the recruitment of foreign workers. There are many -documents to this effect; I confine myself to the most explicit. - -The justification for the recruitment of foreign workers, because of the -necessity of including the peoples of the enslaved states in the German -war effort, is primarily a result of the explanatory statement of the -decree of 21 March 1942, appointing the Defendant Sauckel as -Plenipotentiary for Allocation of Labor. The decree was published in the -_Reichsgesetzblatt_, 1942, Part I, Page 179. I submit it and will read -its complete text to the Tribunal, as Document Number RF-9. - - “The decree of the Führer concerning the creation of a - Plenipotentiary for Allocation of Labor, dated 21 March 1942. - - “The assurance of the required manpower for the whole war - economy, and in particular for the armament industry, - necessitates a uniform direction, meeting the needs of the war - economy, of all available labor, including hired foreigners and - prisoners of war, as well as the mobilization of all unused - labor still in the Greater German Reich, including the - Protectorate as well as the Government General and the occupied - territories. - - “This mission will be accomplished by Reichsstatthalter and - Gauleiter Fritz Sauckel in the capacity of Plenipotentiary - General for Allocation of Labor. In this capacity he is directly - responsible to the Delegate for the Four Year Plan.” - -I would like to point out here that the Defendant Sauckel developed the -same theme at the Congress of Gauleiter and Reichsleiter held 5 and 6 -February 1943 at Posen. He expressed himself in plain terms: He -justified compulsory recruitment on the basis of National Socialist -philosophy and on the basis of the necessity of drawing all the European -peoples into the struggle carried on by Germany. His speech constitutes -Document 1739-PS. I submit it under Exhibit Number RF-10, and I request -the Court to take judicial notice of it and to accept the following -passages in evidence against the Defendant Sauckel. First, Page 5 of the -German text, fourth paragraph—this is found on the first page of the -French translation: - - “The remarkable violence of the war forces me to mobilize, in - the name of the Führer, many millions of foreigners for labor - for the entire German war economy and to urge them to effect the - maximum production. The purpose of this utilization is to assure - in the field of labor the war material necessary in the struggle - for the preservation of the life and liberty, in the first - place, of our own people, and also for the preservation of our - Western culture for those peoples who, in contrast to the - parasitical Jews and plutocrats, possess the honest will and - strength to shape their life by their own work and effort. - - “This is the vast difference between the work which was exacted - through the Treaty of Versailles and the Dawes and Young Plans - at one time—which took the form of slavery and tribute to the - might and supremacy of Jewry—and the use of labor which I, as a - National Socialist, have the honor to prepare and to carry out - as a contribution by Germany in the fight for her liberty and - for that of her allies.” - -The compulsory recruitment of foreign workers did not have as its only -object the maintenance of the level of German industrial production. -There was also the conscious desire to weaken the human potential of the -occupied countries. - -The idea of extermination by work was familiar to the theorists of -National Socialism and to the leaders of Germany. It constituted one of -the bases of the policy of domination of the invaded territories. I lay -before the Court the proof that the National Socialist conspirators -envisaged the destruction by work of whole ethnical groups. A discussion -which took place on 14 September 1942 between Goebbels and Thierack is -significant. It constitutes Document 682-PS, which I submit to the -Tribunal under Exhibit Number RF-11, from which I take the following -passage: - - “Concerning the extermination of asocial elements, Doctor - Goebbels is of the opinion that the following groups must be - exterminated: All Jews and gypsies; Poles who have to serve 3 or - 4 years penal servitude; Czechoslovakians and Germans who have - been condemned to death or hard labor for life or placed in - protective custody. The idea of extermination by work is best.” - -The idea of extermination by work was not applied to ethnical groups -alone, the disappearance of which was desired by the defendants; it also -led to the employment of foreign labor in the German war industry up to -the extreme limit of each man’s strength. I will revert to this aspect -of the policy of forced labor when I lay before the Tribunal the -treatment of foreign workers in Germany: The cruelty to which they were -submitted sprang from this main conception of National Socialism, that -the human forces of the occupied countries must be employed with no -other limitation than that of their extermination, which is the final -goal. - -The defendants have not only admitted the principle of compulsory -recruitment of foreign workers; they have followed a consistent policy -of putting their principle into practice, applying it in the same -concrete manner in the various occupied territories. To do this they -resorted to identical methods of recruitment; they set up everywhere the -same recruitment organizations to which they gave the same orders. - -In the first place, it was a question of inducing foreign workers to -work in their own countries for the army of occupation and the services -connected with it. The German military and civil authorities organized -yards and workshops in order to carry out on the spot work useful to -their war policy. The yards and workshops of the Todt Organization, -which were under the direction of the Defendant Speer after the death of -their founder, and those of the Wehrmacht, Luftwaffe, Kriegsmarine, and -the NSKK organization, employed numerous foreign workers in all areas of -Western Europe. - -But the essential undertaking of the German labor offices was the -deportation of foreign workers to the munition factories of the Reich. -The most varied means were used to this end. They were built up into a -recruiting policy which can be analyzed as follows: - -In the beginning, this policy took on the cloak of legality. The use of -labor took the form of requisition as under the terms of Article 52 of -the appendix to the fourth Hague Convention; it was also effected by -means of the voluntary recruitment of workers, to whom the German -recruiting offices offered labor contracts. - -I shall provide the Tribunal with proof that the requisitions of labor -effected by the National Socialist authorities were a deliberate -misinterpretation of the letter and spirit of the international -convention by virtue of which they were carried out. I shall show that -the voluntary character of the recruitment of certain foreign workers -was entirely fictitious; in reality their work contracts were made under -the pressure which the occupation authorities brought to bear on their -will. - -The defendants lost no time in flinging aside their mask of legality. -They compelled prisoners of war to do work forbidden by international -conventions. I shall show how the work of prisoners of war was -incorporated in the general plan for the Allocation of Labor from the -occupied areas. - -After all, it is through force that the defendants brought their -recruitment plans to fruition. They did not hesitate to resort to -violent methods. Thus they established compulsory labor service in the -areas which they occupied. Sometimes they directly promulgated orders -bearing the signature of military commanders or Reich commissioners; -this is the case with Belgium and Holland. Sometimes they forced the -actual authorities to take legislative measures themselves; this is -particularly the case with France and Norway. Sometimes they simply took -direct action, that is, they transferred foreign workers to factories in -Germany without issuing regulations providing for such action; this -happened in Denmark. Finally in certain occupied areas where they had -carried out Germanization, the defendants incorporated the inhabitants -of those territories in the labor service of the Reich. It happened thus -in the French provinces of Haut-Rhin, Bas-Rhin, Moselle, and in -Luxembourg. - -The policy of compulsory labor was asserted and systematized from the -day when the Defendant Sauckel was appointed Plenipotentiary General for -Allocation of Labor. - -Member of the National Socialist Party since its formation, member of -the Diet of Thuringia, and member of the Reichstag, Obergruppenführer of -the criminal organizations SS and SA, the Defendant Sauckel was -Gauleiter and Reichsstatthalter of Thuringia. On 21 March 1942 he was -appointed Plenipotentiary General for Allocation of Labor by a decree of -the Führer. This decree is countersigned by Lammers in his capacity as -Reichsminister and Chief of the Chancellery and by the Defendant Keitel; -the responsibility of these latter is confirmed by this countersigning. -The Defendant Keitel has associated himself with the policy of -compulsory labor through the appointment of Sauckel, the principles and -methods of whom he approved. - -I have already read this decree to the Tribunal. I would remind you that -it placed Sauckel, in his capacity as Plenipotentiary General for -Allocation of Labour, under the immediate orders of the Delegate for the -Four Year Plan, the Defendant Göring. The latter bears a direct -responsibility in pursuing the plan of recruitment of compulsory labor. -I shall produce numerous proofs of this. I ask the Tribunal to authorize -me to produce as first proof the decree signed by the Defendant Göring -the day after the appointment of the Defendant Sauckel. This decree, -dated 27 March 1942, was published in the _Reichsgesetzblatt_, 1942, -Part I, Page 180. I submit it to the Tribunal under Exhibit Number RF-12 -(Document Number 1902-PS). Göring by this decree did away with all the -administrative offices of the Four Year Plan which had been charged with -the recruitment of labor; he transmitted their powers to Sauckel’s -department, thus confirming his appointment. - -The powers of Sauckel between 1942 and 1944 were considerably -strengthened by decrees of Hitler and Göring. These decrees gave full -significance to the Defendant Sauckel’s title of Plenipotentiary. They -gave him administrative autonomy and even legislative competency such as -he could not have aspired to had he confined himself to executive tasks. -The importance of the political part which he played during the last 2 -years of the war increases to this extent the weight of the -responsibility devolving upon him. - -I draw the attention of the Tribunal very especially to the decrees of -the Führer of 30 September 1942 and of 4 March 1943 and to the decree of -the Defendant Göring of 25 May 1942. I will not read these decrees, -which have been commented on by my American colleague, Mr. Dodd. I -submit them in support of my argument. - -I will first refer to the decree of the Defendant Göring of 25 May 1942. -It was published in the _Reichsgesetzblatt_, 1942, Part I, Page 347. He -delegated to Sauckel part of the powers relating to labor held by the -Minister of Labor. I submit it to the Tribunal under Exhibit Number -RF-13 (Document Number 1905-PS). - -Hitler’s decree of 30 September 1942 gave Sauckel considerable power -over the civil and military authorities of the territories occupied by -the German Armed Forces. It made it possible for the defendant to -introduce into the staffs of the occupying authorities personal -representatives to whom he gave his orders direct. The decree is -countersigned by Lammers and by the Defendant Keitel and appears in the -_Collection of the Decrees, Directives, and Notices of 1942_, second -volume, Page 510. I submit it under Exhibit Number RF-14 (Document -1903-PS). - -In the carrying out of this decree representatives of Sauckel’s -department were in fact introduced into the headquarters staffs of the -military commands. The interrogation of General Von Falkenhausen, -Military Governor of Belgium and Northern France, gives in this -connection a proof which I would ask the Tribunal to be good enough to -remember. General Von Falkenhausen was interrogated on 27 November 1945 -by the head of the Investigation Section of the French Delegation. I -submit his evidence to the Tribunal under Document Number RF-15. I read -the following extract—Page 3, the first paragraph, of the French text, -and Page 2, the fifth paragraph, of the German translation: - - “Q: ‘Can the witness tell us what was the line of demarcation - between his own powers and the powers of the Arbeitseinsatz?’ - - “A: ‘Up to a certain moment there existed in my department a - labor service which was engaged in the hiring of voluntary - workers. I no longer remember the exact date—perhaps autumn - 1942—when this labor service was placed under the order of - Sauckel, and the only thing I had to do was to carry out the - orders which came through this way. I don’t remember, but - Reeder, who is also in prison’”—Reeder was a civilian official - on the staff of General Von Falkenhausen—“‘is very well - informed about the dates and can undoubtedly give them better - than I can.’ - - “Q: ‘Before the question of labor was entirely entrusted to - Sauckel’s organization, did there exist in the General Staff or - in its services an officer who was in charge of this question? - Afterwards was there a delegate from Sauckel’s service in this - department?’ - - “A: ‘Until Sauckel came into power there was, in my service, - Reeder, who directed the Bureau of Labor in my office. This - labor office functioned as an employment office in Germany, that - is to say, it concerned itself with demands for labor which - would naturally be voluntary.’ - - “Q: ‘What took place when the change happened?’ - - “A: ‘After the change the office continued to exist, but the - orders were given directly by Sauckel to the Arbeitseinsatz and - passed through my office.’” - - [_A recess was taken._] - -M. HERZOG: I have just reminded the Tribunal of the legislative -framework through which the activity of the Defendant Sauckel was -exercised. This framework was strengthened by the varied decrees of the -defendant. The first document shows that Sauckel deliberately assumed -the responsibility of the general policy for the recruitment of foreign -workers. It is his decree of the 22d of August 1942, which appeared in -the _Reichsarbeitsblatt_, 1942, Part I, Page 382. This decree lays down -the principle of forced recruitment and makes the necessary provisions -for the whole human potential of the occupied territories to be placed -at the service of the German war machine. - -Sauckel forced the inhabitants of the invaded countries to participate -in the war of Germany against their own fatherland. It is not only a -violation of international law, it is a crime against the law of -nations. I submit the decree to the Tribunal under Document Number RF-17 -and I shall read it: - - “Decree Number 10 of the Plenipotentiary General for Allocation - of Labor, concerning the employment of labor in the occupied - territories, under date of 22 August 1942. - - “In order to mobilize the labor force of the occupied - territories under the new organization for the Allocation of - Labor within the European area, this force must be subjected to - a rigid and uniform control. The maximum production, as well as - the useful and rational distribution of this force, must be - assured in order to satisfy the labor requirements of the Reich - and the occupied territories. By virtue of the full powers which - are conferred upon me, I order: - - “1) By virtue of the decree of the Führer, under date of 21 - March 1942, concerning the Plenipotentiary General for - Allocation of Labor and by virtue of the ordinance of the - Delegate for the Four Year Plan, under date of 27 March 1942, - concerning the application of this decree, I likewise am - competent to employ, as may be necessary, the labor of occupied - territories, as well as to take all the measures necessary to - augment its efficiency. Those German offices competent for the - tasks of the Arbeitseinsatz and for the policy of wages, or my - commissioners, will carry out this Allocation of Labor and take - all measures necessary to increase efficiency, according to my - instructions. - - “2) This decree extends to all the territories occupied during - the war by the Wehrmacht, as far as they are under German - administration. - - “3) The labor available in the occupied territories must be - utilized in the first place to satisfy the primary war needs of - Germany herself. - - “This labor must be utilized in the occupied territories in the - following order: - - “a) For the needs of the army, the occupation services, and the - civilian services; b) for the needs of German armament; c) for - the tasks of food supply and agriculture; d) for industrial - needs other than those of armament, in which Germany is - interested; e) for the industrial needs concerning the - population of the territory in question.” - -A second document demonstrates the willingness of the Defendant Sauckel -to take the responsibility for the treatment of foreign workers. It is -an agreement concluded on 2 June 1943 with the Chief of the German Labor -Front. I shall not read this document to the Tribunal; it has been -discussed by Mr. Dodd. I point out that it was published in the -_Reichsarbeitsblatt_, 1943, Part I, Page 588. I submit it in support of -my statement under Exhibit Number RF-18 (Document Number 1913-PS). - -Designated by Hitler and by the Defendants Keitel and Göring in order to -pursue, under the control of the latter, the policy of recruitment of -compulsory labor, the Defendant Sauckel carried out his task by virtue -of the responsibilities which he had assumed. I request that the -Tribunal bear this in mind. - -I request the Tribunal, likewise, to note that the policy of recruitment -of foreign workers involves the responsibility of all German ministers -responsible for the economic and social life of the Reich. An -inter-ministerial office, or at any rate an inter-administrative office, -the Central Office for the Four Year Plan, proceeded to formulate the -program for the recruitment of foreign workers. - -All departments interested in the labor problem were represented at the -meetings of the Central Office. General Milch presided at the meetings, -in the name of the Defendant Göring. The Defendant Sauckel and the -Defendant Speer took part, in person, and I shall submit to the Tribunal -certain statements made by them. The Defendant Funk also took part; he -therefore knew of, and approved, the program for the deportation of -workers. He even collaborated in its formulation. As proof thereof I -produce two documents inculpating Funk. - -The first is a letter of 9 February 1944, in which Funk is summoned to a -meeting of the Central Office of the Plan. It is Document F-674 which I -submit to the Tribunal under Exhibit Number RF-19. I read: - - “Sir: In the name of the Central Office of the Plan, I invite - you to a meeting concerning the question of the Allocation of - Labor, to take place on Wednesday, 16 February 1944, at 10 - o’clock in the committee room of the Secretary of State at the - Ministry of Aviation, Leipziger Strasse, in Berlin. - - “In the enclosure I transmit to you some statistics on the - subject of the development of the Allocation of Labor. These - statistics will serve as a basis for discussion at the meeting.” - -Funk was unable personally to attend the meeting but he arranged to be -represented by Undersecretary of State Hayler. He received the minutes -of the meeting, and on 7 March 1944 he wrote to General Milch to excuse -himself for his frequent absences from the meetings of the Office. I -submit this document to the Tribunal. It is Document F-675, which I -submit under Exhibit Number RF-20. It is the account of the 53rd meeting -of the Central Office of the Plan. The Tribunal may see on Page 2 of the -French translation that Minister Funk received an account of this -meeting. He is mentioned on the second line of the distribution -list—Reich Minister Speer first and on the second line Reich Minister -Funk. - -I now produce under Exhibit Number RF-21 (Document Number F-676) the -letter by which Funk excuses himself to Marshal Milch because of his -inability to be present at the meetings: - - “Very honored and dear Field Marshal: - - “Unfortunately the meetings of the Central Office of the Plan - are always set for dates when I am already engaged by other - important meetings. So it is to my great regret that I shall be - unable to be present Saturday at the meeting of the Central - Office of the Plan, inasmuch as I have to speak on that day in - Vienna in the course of a great demonstration commemorating the - anniversary of the day of the Anschluss. - - “State Secretary Dr. Hayler will also be in Vienna on Friday and - Saturday, where at the same time there will be an important - southeast European conference, in which foreign delegates will - participate and at which I must likewise speak. - - “Under these circumstances I beg you to allow Ministerial - Director and General of Police, SS Brigadeführer Ohlendorf, who - is the permanent deputy of State Secretary Hayler, to - participate as my representative. . . .” - -THE PRESIDENT: Does this document tell us anything more than that the -Defendant Funk was unable to be present? - -M. HERZOG: This document, Mr. President, was given to me by my American -colleagues, who asked me to use it in the matter of compulsory labor, -because they have not had the necessary time to include it in their -charge against Funk. It is presented to the Tribunal to prove that Funk -followed the meetings of the Central Office of the Plan and that he had -permanent representatives there. He was represented at all meetings, and -by the minutes he received he was kept in touch with the work of the -Central Office of the Plan. That is why we present to the Tribunal this -document on Defendant Funk. - -I shall continue to quote: - - “Under these circumstances, I beg you to allow Ministerial - Director and General of Police, SS Brigadeführer Ohlendorf, who - is the permanent deputy of State Secretary Hayler, to - participate as my representative. Mr. Ohlendorf will have - Ministerial Director Dr. Koelfen as a consultant for questions - concerning goods for consumption and Counsellor of State Dr. - Janke, for questions concerning foreign trade.” - -The policy of the Central Office pursued by the Defendant Sauckel is -shown by the mass deportation of workers. The principle of this -deportation is a criminal one, but the manner of its execution was even -more criminal. I shall submit proof of this to the Tribunal and explain -in succession, the methods of compulsory recruitment, its results, and -the conditions of deportation. - -I wish here to thank the members of the French Delegation and of the -foreign delegations who have come to my aid in the preparation of my -work, in particular, my colleague M. Pierre Portal, attorney at the bar -of Lyons. - -The statement which I have the honor of presenting to the Tribunal will -be limited to the account of the recruiting of foreign labor in the -occupied territories of Western Europe, since the deportation of workers -coming from Eastern Europe will be dealt with by my Soviet colleagues. - -During the whole duration of the occupation the local field commanders -imposed conscription of labor on the populations of the occupied -territories. Fortification works considered necessary for the -furtherance of military operations and guard duties made necessary by -the need of maintaining the security of the occupation troops were -carried out by the inhabitants of the occupied areas. The labor -requisitions affected not only isolated individuals but entire groups. - -In France, for instance, they affected, in turn, groups of Indo-Chinese -workers, workers from North Africa, foreign workers, and _Chantiers de -Jeunesse_ (youth workyards). I produce in evidence an extract from the -report on forced labor and the deportation of workers drawn up by the -Institute of Statistics of the French Government. This report bears the -Document Number F-515 and I submit it to the Tribunal under Exhibit -Number RF-22. This document, because of its importance, has been taken -out of the document book. I quote first of all Page 17 of the French -text and 17, likewise, of the German translation, second paragraph -before the end: - - “Paragraph 6: The forced labor recruitment of constituted - groups: - - “Finally, a last procedure employed by the Germans on a number - of occasions during the whole course of the occupation, for - direct forced labor as well as for indirect forced labor: the - ‘requisition’ of constituted groups already trained and - disciplined and consequently an excellent contribution. - - “(a) Indo-Chinese labor (M.O.I.): This formation of colonial - workers had been intended from the beginning of hostilities to - satisfy the needs of French industry in unskilled labor. Under - the control of officers and noncommissioned officers of the - French Army, who became civilian officials after the month of - July 1940, Indo-Chinese labor was, from 1945 on, compelled to do - partial forced labor, directly as well as indirectly.” - -I skip the table on Page 18 and I read: - - “(b) North African labor: Between 17 August and 6 November 1942 - the home country received two contingents of workers from North - Africa; one composed of 5,560 Algerians, the other of 1,825 - Moroccans. These workers were immediately compelled to do direct - forced labor, which brought the number of North African workers - enrolled in the Todt Organization to 17,582. - - “(c) Foreign labor: The law of 11 July 1938, concerning the - organization of the nation in time of war, provided for the - cases of foreigners living in France, obliging them to render - service. Under French officers and noncommissioned officers who - by the law of 9 October 1940 had assumed the status of civil - servants, foreign labor was progressively subjected by the - Germans to direct forced labor.” - -I skip the table and I read: - - “(d) Youth workyards: On 29 January 1943 the labor staff of the - German Armistice Commission in Paris made known that the - Commander-in-Chief ‘West’ was examining whether and in what ways - the formations of French labor might be called upon for the - accomplishment of tasks important for both countries. There - followed partial recruiting and demands for young people from - the workyards for direct labor.” - -Similar requisitions took place in all the other territories of Western -Europe. These requisitions were illegal. They were carried out by virtue -of Article 52 of the Appendix to the fourth Hague Convention. In reality -they systematically violated the letter and the spirit of the text of -this international law. - -What does Article 52 of the Appendix to the fourth Hague Convention say? -It is worded as follows: - - “Requisitions in kind and services shall not be demanded from - municipalities or inhabitants except for the needs of the army - of occupation. They shall be in proportion to the resources of - the country and be of such a nature that they do not imply for - the populations the obligation to take part in war operations - against their country. Such requisitions and services shall be - demanded only on the authority of the commander of the area - occupied.” - -The terms in which Article 52 authorizes the requisition of services by -an army of occupation are expressly formulated. These terms are four in -number: - -1. The rendering of services can be demanded only for the needs of the -army of occupation. All requisitions made for the general economic needs -of the occupying power are thus forbidden. - -2. Services demanded by way of requisition must not entail an obligation -to take part in military operations against the country of those -rendering them. The rendering of any service exacted in the interests of -the war economy of the occupying power, all guard duties, or exercise of -military control are forbidden. - -3. Services rendered in a given area must be in proportion to its -economic resources, the development of which must not be hampered. It -follows that any requisitioning of labor is contrary to international -law if it results in the impeding or prevention of the normal -utilization of the riches of the occupied country. - -4. Finally, labor requisitions must, under the provisions of the second -paragraph of Article 52, be carried out in the area of the locality -under the administration of the occupation authority who has signed the -requisition order. The transfer of conscripted workers from one part of -the occupied area to another and, even more, their deportation to the -country of the occupied power, are prohibited. - -Labor requisitions exacted by German civilian and military authorities -in the occupied areas did not honor the spirit of Article 52. They were -carried out to satisfy either the needs of German economy or even the -needs of the military strategy of the enemy forces. They deliberately -refused to acknowledge the need of ensuring facilities for a reasonable -utilization of local resources. They finally took the form of migration -of workers. The case of those workers who were conscripted from all -countries of Western Europe and formed an integral part of the Todt -Organization, to help in building the system of fortifications known -under the name of the “Atlantic Wall,” may be taken as a typical -example. - -This violation of international agreements is a flagrant one; it called -forth repeated protests from General Doyen, Delegate of the French -authorities at the German Armistice Commission. I ask the Tribunal to -accept as evidence the letter of General Doyen, dated 25 May 1941. This -letter constitutes Document F-283 and it is placed before the Tribunal -as Exhibit Number RF-23, I read: - - “Wiesbaden, 25 May 1941. Général de Corps d’Armée Doyen, - President of the French Delegation at the German Armistice - Commission, to General of Artillery Vogl, President of the - German Armistice Commission. - - “On several occasions, and notably in my letters Numbers - 14,263/A E and 14,887/A E of 26 February and 8 March, I - protested to you against the use made of French labor within the - Todt Organization in the execution of military work on the coast - of Brittany. - - “I have today the duty of calling your attention to other cases - in which the occupation authorities have had recourse to - recruiting French civilians to carry out services of a strictly - military character, cases which are even more grave than those - which I have already called to your attention. - - “If, indeed, as concerns the workers engaged by the Todt - Organization, it may be argued that certain ones among them - accepted voluntarily an employment for which they are being - remunerated (although in practice most often they were not given - the possibility of refusing this employment), this argument can - by no means be invoked when the prefects themselves are obliged - at the expense of the departments and the communities, to set up - guard services at important points, such as bridges, tunnels, - works of art, telephone lines, munitions depots, and areas - surrounding aviation fields. - - “The accompanying note furnishes some examples of the guard - services which have thus been imposed upon Frenchmen, services - which before this were assumed by the German Army and which - normally fall to the latter, since it is a question of - participating in watches or of preserving the German Army from - risks arising from the state of war existing between Germany and - Great Britain.” - -The occupying authorities, in the face of the resistance which they -encountered, were anxious that their orders regarding the requisition of -labor should be obeyed. The measures which they took to this end are -just as illegal as the measures taken for the requisition itself. The -National Socialist authorities in occupied France proceeded by way of -legislation. They promulgated ordinances by which sentence of death -could be pronounced against persons disobeying requisition orders. - -I submit two of these ordinances to the Tribunal as evidence. The first -was given in the early months of the occupation, 10 October 1940. It was -published in the _Verordnungsblatt_ for the occupied territory of France -on 17 October 1940, Page 108. I submit it to the Tribunal under Document -Number RF-24, and I read it: - - “Ordinance concerning protection against acts of sabotage, 10 - October 1940. - - “By virtue of the powers which have been conferred upon me by - the Führer and Supreme Commander of the Armed Forces, I decree - the following: - - “I. Whoever intentionally does not fulfill or fulfills - inadequately the tasks of surveillance which are imposed upon - him by the Chief of the Military Administration in France, or by - an authority designated by the latter, shall be condemned to - death.” - -I skip Paragraph 2 and read Paragraph 3: - - “In less serious cases concerning infractions of Paragraphs 1 - and 2 of the present ordinance, and in case of negligence, - punishment by solitary confinement with hard labor or - imprisonment may be imposed.” - -The second ordinance of the Military Commander in France to which I -refer is dated 31 January 1942. It was published in the -_Verordnungsblatt_ of France of 3 February 1942, Page 338. I submit it -to the Tribunal under Document Number RF-25 and I read: - - “Ordinance of 31 January 1942 concerning the requisition of - service and goods. - - “By virtue of the plenary powers which have been conferred on me - by the Führer and Supreme Commander of the Armed Forces, I - decree the following: - - “1. Whoever fails to comply with these requisitions of service - or goods which are imposed upon him by the Military Commander in - France, or an authority designated by him, or who performs them - in such a manner as to imperil or make fail the purpose of the - services or requisitions, shall be punished by penal servitude, - imprisonment, or fine. A fine may be imposed in addition to - penal servitude or imprisonment. - - “2. In serious cases the penalty of death may be inflicted.” - -These ordinances were protested against by the French authorities. -General Doyen protested on several occasions against the first of these -without his protest having any effect. - -I refer again to his letter of 25 May 1941, which I have just submitted -to the Tribunal under Exhibit Number RF-23 (Document Number F-283), and -I read on Page 3 of the French text, Page 4 of the German translation: - - “I am instructed to lodge a formal protest with you against such - practices and to beg you to intervene so that an immediate end - may be put to this. - - “On 16 November, in letter Number 7,843/AE, I already protested - against the ordinance that was decreed on 10 October 1940, by - the Chief of the Military Administration in France, which - provided the death penalty for any person failing to carry out - or carrying out inadequately the tasks of surveillance imposed - by the occupation authorities. I protested then that this - demand, as well as the penalty, was contrary to the spirit of - the Armistice Convention, the object of which was to relieve the - French population from any participation in the hostilities. - - “I had limited myself to this protest in principle because at - the time no concrete case in which such a task of surveillance - might have been imposed had been called to my attention. But it - was not possible to accept as justification of the ordinance in - question the arguments which you gave me in your letter Number - 1361 of 6 March. - - “You did indeed point out there that Article 43 of the Hague - Convention gave the occupying power the authority to legislate, - but the power to which you refer in the said article is subject - to two qualifications: There can be legislation only to - establish and secure public order and life as far as it is - possible. On the other hand, the ordinances decreed must. . .” - -THE PRESIDENT: Isn’t it enough to show that General Doyen protested? It -is not necessary to read all the argument which was put forward on the -one side or the other. - -M. HERZOG: I shall then stop this quotation, Mr. President. - -The German ordinances which I have just read to the Tribunal thus -contained formal violations of the general principles of international -criminal legislation; they were decreed in contradiction to Article 52 -of the Annex to the fourth convention of The Hague and also in -contradiction to Article 43, on which they were supposed to be based. -They were, therefore, illegal and they were criminal, since they -provided death sentences which no international law or domestic law -justifies. - -The system of the requisition of service furnishes the first example of -the criminal character of the methods pursued by the defendants in the -execution of their plan of recruitment of foreign labor. - -The National Socialist authorities then had recourse to a second -procedure to give an appearance of legality to the recruiting of foreign -workers. They called upon workers who were so-called volunteers. From -1940 on, the occupation authorities opened recruiting offices in all the -large cities of the occupied territories. These offices were placed -under the control of a special service instituted for this purpose -within the general staff of the commanders-in-chief of occupation zones. - -The Tribunal knows that these services from 1940 to 1942 functioned -under the control of the generals. From 1942 on, and more precisely, -from the day when the Defendant Sauckel became the Plenipotentiary for -Allocation of Labor, they received their orders directly from the -latter. General Von Falkenhausen, Commander-in-Chief in Belgium and in -the north of France, declared in the testimony which I have just read to -the Tribunal that from the summer of 1942 he had become the simple -intermediary charged with transmitting the instructions given by Sauckel -to the Arbeitseinsatz. - -Thus, the policy of the German employment offices set up in the occupied -areas was carried out from 1942 under the sole responsibility of the -Defendant Sauckel and his direct chief, the Delegate for the Four Year -Plan, the Defendant Göring. I ask the Tribunal to take note of this. - -The task of the employment offices was to organize the recruiting of -workers for the factories and workshops set up in Europe by the Todt -Organization and by the Wehrmacht, Kriegsmarine, Luftwaffe, and other -German organizations. It was also their task to procure for the German -munition factories the amount of foreign labor needed. Workers recruited -in this way signed a labor contract; thus they had, theoretically, the -status of free workers and were apparently volunteers. - -The occupation authorities always made a point of the voluntary nature -of the recruiting carried out by the employment offices, but the line -followed by their propaganda systematically ignored what they were -actually doing. In fact, the voluntary character of this recruiting was -entirely fictitious; the workers of the occupied areas who agreed to -sign German labor contracts were subject to physical and moral pressure. -This pressure took several forms. It was sometimes collective and -sometimes individual. In all its forms it was heavy enough to deprive -the workers, who were its victims, of their freedom of choice. - -The nullity of contracts entered into under the sway of violence is a -fundamental principle of law common to all civilized nations. It is -found just as expressly stated in German law as in the laws of the -powers represented in the Court, or the states occupied by Germany. The -German employment offices forced on the foreign workers labor contracts -which had no legal significance because they were obtained with -violence. I assert this and I will try to provide the Court with proof -of my assertion. - -First of all, I will show proof of premeditation by the Germans. The -pressure under which the foreign workers suffered was not the result of -sporadic action on the part of subordinate authorities. It came from the -deliberate intent which the National Socialist leaders of Germany -formulated into precise instructions. - -I submit to the Tribunal Document 1183-PS, which is Exhibit Number -RF-26. This is a circular dated 29 January 1942, dealing with the -recruitment of foreign workers. This directive comes from a section of -the Arbeitseinsatz of the Delegate for the Four Year Plan. It bears the -signature of the section chief, Dr. Mansfeld, but it places the -executive responsibility directly on the Defendant Göring, Delegate for -the Four Year Plan. I read this circular: - - “Berlin (SW 11), 29 January 1942, Saarlandstrasse 96. - - “Subject: Increased mobilization of labor for the German Reich - from the occupied territories and preparations for mobilization - by force. - - “The labor shortage, aggravated on the one hand by drafts for - the Wehrmacht and on the other hand by the increased amount of - work for armaments in the Reich, renders it necessary for labor - for service in the Reich to be recruited from the occupied - territories to a much greater extent than heretofore, in order - to relieve the shortage. - - “Therefore, any and all methods must be adopted which make it - possible to transport, without exception and at once, for - employment in the Reich, manpower in the occupied territories - which is unemployed or which can be released . . . for use in - Germany after most careful screening.” - -I read further on Page 2 of the German text: - - “In the first place, this mobilization shall be carried out on a - voluntary basis as hitherto. For this reason recruitment for - employment in the German Reich must be intensified considerably. - If, however, satisfactory results are to be obtained, the German - authorities who are operating in the occupied territories must - be able to exert any pressure necessary to support the voluntary - recruitment of labor for employment in Germany. - - “Accordingly, as far as may be necessary, the regulations in - force in the occupied territories with regard to changing the - place of employment or . . . those refusing work, must be - tightened. Supplementary regulations concerning distribution of - labor must, above all, insure that older persons who are exempt - will be used to replace younger persons so that the latter may - be made available for the Reich. A far-reaching reduction in the - amount of relief granted by public welfare must also be effected - in order to induce laborers to accept employment in the Reich. - Unemployment relief must be set so low that the amount, in - comparison with the average wages in the Reich and the - possibilities there for sending remittances home, may serve as - an inducement to the workers to accept employment in Germany. - When refusal to accept work in the Reich is not justified, - relief must be reduced to an amount barely sufficient for - subsistence or even cancelled. In this case partial withdrawal - of ration cards and an assignment to particularly heavy - compulsory work may be considered.” - -I here end the quotation and I call to the Tribunal’s attention that -this circular is addressed to all the services responsible for labor in -the occupied areas. Its distribution in Western Europe was: The Reich -Commissioner for the occupied Norwegian territories, the Reich -Commissioner for the occupied Dutch territories, the Chief of the -Military Administration of Belgium and Northern France, the Chief of the -Military Administration of France, the Chief of the Civil Administration -of Luxembourg, the Chief of the Civil Administration at Metz, and the -Chief of the Civil Administration at Strasbourg. - -It is thus proved that a general common plan existed with a view to -compelling the workers of the occupied territories to work for Germany. - -I have now to show how this plan was put into practice in the different -occupation zones. The machinery of pressure which the National Socialist -authorities exerted on the foreign workers can be analyzed in the -following manner: German labor offices organized intense propaganda in -favor of the recruitment of foreign workers. This propaganda was -intended to deceive the workers of the occupied areas with regard to the -material advantages offered them by the German employment offices. It -was carried out by the press, the radio, and by every possible means of -publicity. This propaganda was also carried on as a side-line to -official administrative duties by secret organizations which had been -given the task of enticing foreign workers and subjecting them to a -veritable impressment. - -These measures proved to be insufficient. The occupation authorities -then intervened in the social life of the occupied countries. They -strove to produce artificial unemployment there and at the same time -they devoted their energies to making living conditions worse for the -workers and the unemployed. - -In spite of unemployment and the poverty with which they were -threatened, the foreign workers showed themselves unmoved by German -propaganda. This is why the German authorities finally resorted to -direct methods of pressure. They exercised pressure on the political -authorities of the occupied countries to make them give support to the -recruiting campaign. They compelled employers, especially the -organizational committees in France, to induce their workers to accept -the labor contracts of the German employment offices. Finally, they took -action by way of direct pressure on the workers and gradually passed -from so-called voluntary recruitment to conscription by force. - -The fiction of voluntary enrollment was dispelled by the sight of the -individual arrests and collective raids of which the workers of the -occupied areas rapidly became the victims. There are innumerable -documents providing proof of the facts which I relate. I shall submit -the most important of these to the Tribunal. - -The documents which show proof of the publicity campaigns made in France -by the German administration will be submitted to the Tribunal by M. -Edgar Faure in the course of his brief concerning Germanization and -Nazification. By way of example I wish to make use of a document which -in the French classification bears the Document Number F-516, which I -submit under Exhibit Number RF-27. - -This is a report of the Prefect of the Department of the North to the -Delegate of the Minister of the Interior in the General Delegation of -the French Government in the Occupied Territories. This report points -out that a German publicity car circulated through the community of -Lille in order to induce French workers to go to Germany. I quote the -report: - - “Lille, 25 March 1942. Prefect of the Region of the North, - Prefect of the Lille Region, to the Prefect, Delegate of the - Minister of the Interior with the General Delegation of the - French Government in the Occupied Territories. - - “Subject: German publicity car. - - “I have the honor to inform you that for some days a publicity - car covered with posters inviting French workers to enroll for - work in Germany has been circulating in the vicinity of Lille, - while a loud-speaker plays a whole repertoire of records of - French music, among which are featured the ‘Marche Lorraine’ and - the hymn ‘Maréchal, Here We Are.’” - -THE PRESIDENT: I think we will adjourn until 2 o’clock. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -M. HERZOG: Mr. President, Your Honors. I showed you this morning what -the official propaganda was which was conducted by the German offices in -France to persuade workers to enroll for work in Germany. The effect of -this official propaganda was reinforced by the clandestine recruitment -bureaus. Real dens for clandestine recruiting were organized by the -occupation authorities apart from the administrative services whose -activities they completed. These recruitment bureaus were directed by -German agents who often succeeded in securing local accomplices. In -France these bureaus extended their ramifications to the non-occupied -zone as well as the occupied zone. Several documents prove their -existence. The first among them is a report transmitted on 7 March 1942 -by the Vice President of the Council of Ministers of the _de facto_ -Government of Vichy, to the Delegate General for Franco-German Economic -Relations. It is Document F-654 of the French archives. - -This report is drawn up under the seal of Vice President of the Council, -Darlan. It bears the signature of an officer of the latter’s General -Staff, Commander Fontaine. I submit this report under Exhibit Number -RF-28 (Document F-654) and I read it: - - “Vichy, 7 March 1942. Your Honor, the Delegate General, I have - the honor of transmitting to you in this letter, for your - information, a report on the organization of recruitment in - France of workers for German industry.” - -I now go to Page 2. - - “26 of February 1942. Secret. Note on the organization of the - recruitment in France of workers for German industry. Source: - excellent. - - “I. Organization of the recruitment of workers in France. - - “One of the main organizations for the recruitment of workers in - France for Germany is to be Société de Mécanique de la Seine, - whose head office is in Puteaux, Seine, at 8 Quai National, and - which is also known as A. M. S. - - “This society is to operate under the secret control of the - Kommandantur, and of three engineers, one of which is to have - the rank of chief engineer and the other two are to be M. Meyer - and M. Schronner. - - “In addition to the work which it has to carry out, this society - is particularly entrusted with the re-education of workers - recruited in France and sent to Germany at the request of German - industrial firms on payment of premiums. - - “The A. M. S. is assisted in these operations in the Occupied - Zone by three centers of recruiting which operate in Paris and - are the Porte de Vincennes Center, the Courbevoie Center (200 - Boulevard St. Denis), and the Avenue des Tournelles Center. - These centers are also charged with co-ordinating the operations - of recruitment in the non-occupied zone. For this zone, the two - principal centers are in Marseilles and Toulouse. A third center - is to be at Tarbes. - - “a) The center at Marseilles is in charge of the recruitment in - the Mediterranean zone, under the direction of Mr. Meyer who is - mentioned above. The address of this engineer is not known, but - one can obtain information about him at 24 Avenue Kléber, Paris, - at the Military Commander’s. - - “In Marseilles the A. M. S. office is situated at 83 Rue de - Sylvabelle. In his task Mr. Meyer is assisted by M. Ringo, who - lives in Madrague-Ville, 5 bis Boulevard Bernabo, near the - slaughter house.” - -I stop this quotation here to submit to the Tribunal the correspondence -exchanged between the months of December 1941 and January 1942, between -the Prefect of the Alpes-Maritimes and the authorities of the Vichy -Government. This is Document F-518 which I submit to the Tribunal as -Exhibit Number RF-29. This correspondence emphasizes the activity of the -German agents in clandestine recruiting, and particularly that of Mr. -Meyer, to whom the report of Commander Fontaine, which I have just read, -applies. I quote first the letter of 10 December 1941, in which the -Prefect of the Alpes-Maritimes confirmed the reports which he had -previously made on this question. It is the letter which is on the sixth -page of the French text and the seventh page of the German text: - - “Nice, 10 December 1941. The State Counsellor, Prefect of the - Alpes-Maritimes, to His Honor, the State Secretary of the - Interior, Secretariat General of the Police, Directorate for - Home and Foreign Police. - - “Subject: The activity of foreign agents, aimed at enticing away - skilled workers. - - “Reference: Your telegrams 12,402 and 12,426 of 28 November - 1941; my reports 955 and 986 of 24 November 1941 and 6 December - 1941. - - “In my reports referred to I pointed out to you the activity of - recruiting agents who attempted to entice skilled workers on - behalf of Germany. - - “I have the honor of giving you below some additional - information gathered on this subject. - - “The German engineer Meyer and the French subject Bentz stopped - on 1 December 1941 at the Hotel Splendid in Nice, coming from - Marseilles.” - -Now, I go on to the third paragraph before the end: - - “I permit myself to draw your attention particularly to the fact - that in Paris they enrolled French workers for Germany.” - -Here I end the quotation. - -These documents attest to the activity which the clandestine recruiting -offices developed. But I am not satisfied merely to point out their -existence; I wish to show that these offices operated under the -initiative of official administrations and of the German office for -labor. - -The proof is furnished by a statement which the Defendant Sauckel made -on 1 March 1944, during the 54th conference of the Central Office for -the Four Year Plan. The stenographic report of these conferences has -been found. It forms Document R-124, to which my American colleagues -have already referred. I submit it again to the Tribunal under Exhibit -Number RF-30 and I shall read from an extract of the minutes of the -session of 1 March 1944. This is in Exhibit Number RF-30, in the French -text, Page 2, second paragraph; in the German text, Pages 1770 and 1771. -I quote the page numbers which are at the bottom and on the right of the -German original. I read the declaration made by the Defendant Sauckel: - - “The most abominable point against which I have to fight is the - claim that there is no organization in these districts properly - to recruit Frenchmen, Belgians, and Italians and to dispatch - them to work. So I have even proceeded to employ and train a - whole staff of French and Italian agents of both sexes who for - good pay, just as was done in olden times for ‘shanghaiing,’ go - hunting for men and dupe them, using liquor as well as - persuasion. . .” - -The propaganda of the official services and that of the clandestine -recruiting offices proved to be inefficacious. The National Socialist -authorities then had to resort to methods of economic pressure. They -tried to give to the workers who were to go to Germany the hope of -material advantages. I cite in respect to this an ordinance of the -Military Commander in Belgium and the North of France, which I submit to -the Tribunal. It is an ordinance of 20 July 1942 which appeared in the -_Verordnungsblatt_ of Belgium. It exempts from tax Belgian workers who -work in German factories. I submit it to the Tribunal under Document -Number RF-31. - -On the other hand, the occupation authorities sought to lower the living -standard of workers who remained in the occupied territories. I said -that they had made poverty a factor in their recruiting policy. I am -going to prove it by showing how they went about creating artificial -unemployment in the occupied zones and aggravating the material -situation of the unemployed. - -I remark as a reminder that the German authorities also practiced for -this purpose a policy of freezing salaries. This measure aided the -recruiting campaign for labor for Germany and had also an economic -bearing, and I would like to refer the Tribunal to the explanations -which will be given on this point by M. Gerthoffer. - -Unemployment was produced by two complementary measures: The first is -the regulating of the legal working hours; the second, the concentration -and, if need be, the closing of industrial enterprises. - -From 1940 the local field commandants were concerned with increasing the -duration of work in their administrative zones. In France steps taken by -the local authorities brought about reactions. The problem became -general and was solved on a national scale. Long negotiations were -imposed on the representatives of the pseudo-government of Vichy. - -Finally an ordinance of 22 April 1942, from the Military Command in -France, reserved for the occupation authorities the right of fixing the -duration of work in industrial enterprises. This ordinance appeared in -their _Verordnungsblatt Frankreich_, 1942. I submit it to the Tribunal -under Document Number RF-32 and I quote the first paragraph: - - “Paragraph I: For establishments and enterprises of all kinds a - minimum of working hours may be imposed. This minimum of working - hours will be decreed for an entire economic region, for - specified economic branches, or for individual enterprises.” - -In Belgium working hours were fixed by a decree and by an implementing -order of 6 October 1942, which appeared in the _Verordnungsblatt_ of -Belgium. I submit this ordinance to the Tribunal under Document Number -RF-33. - -The regulating of working hours did not release a sufficient number of -workers for the German factories; that is why the National Socialist -authorities used a second method. Under the pretext of rationalizing -production they brought about a concentration of industrial and -commercial enterprises, certain of which were closed at their -instigation. I cite in this relation the provisions which were made or -imposed by the Germans in France, in Belgium, and in Holland. - -In France I would like to refer to two texts. The first is the ordinance -of the Vichy Government of 17 December 1941, published in the _Journal -Officiel de L’État Français_, which I submit to the Tribunal under -Document Number RF-34. The second text to which I wish to draw the -attention of the Tribunal is the ordinance of 25 February 1942, issued -by the Military Commandant in France. This ordinance appeared in the -_Verordnungsblatt des Militärbefehlshabers in Frankreich_. I shall read -it to the Tribunal because it seems particularly important, as the -principle for the compulsory closing of certain French enterprises is -laid down by a decree by the occupying power. I shall read the first and -second paragraphs of Document Number RF-35: - - “Paragraph I: If the economic situation, especially as regards - the use of raw materials and industrial appliances, requires it, - establishments and economic enterprises may be partly or - completely closed. - - “Paragraph II: The closing of these enterprises will be - announced by field headquarters by means of a written - notification addressed to the establishment or to the industrial - enterprise.” - -In Belgium I refer to the ordinances of the Military Commandant, 30 -March and 3 October 1942, which appeared in the _Verordnungsblatt_ in -Belgium. I submit to the Tribunal the ordinance of 30 March under -Document Number RF-36. - -In Holland the regulating provisions of the occupying authorities were -more stringent than elsewhere. I present an ordinance of the Reich -Commissioner for the territory of occupied Holland, 15 March 1943. I -submit it to the Tribunal under Document Number RF-37. - -This ordinance presents a double interest. First, it offers precise -information which emphasizes the method with which the German services -executed their recruiting plan. It constitutes, on the other hand, the -first document I shall submit to the Tribunal accusing the Defendant -Seyss-Inquart. The policy of Sauckel was carried out in Holland with the -collaboration of Reich Commissioner Seyss-Inquart. The ordinances -regarding compulsory labor in Holland were all issued on the -responsibility of Seyss-Inquart, whether they bear his actual signature -or not. I ask the Tribunal to note this. - -The increase of the legal working hours and the closing of industrial -enterprises deprived thousands of workers of their jobs. The defendants -did not hesitate to use material constraint to incite the unemployed to -work for Germany. They threatened the unemployed that they would do away -with their unemployment compensation. This threat was made on several -occasions by the local field commandants in occupied France. I find -proof in the protest made by the French authorities to the German -Armistice Commission. The French document is F-282, which I submit to -the Tribunal under Exhibit Number RF-38. I read the first page, third -paragraph of the letter: - - “Moreover, the occupation authorities stipulate that the workers - who refuse the work offered to them will forfeit their right to - unemployment compensation and may be prosecuted by the war - tribunal for sabotage of Franco-German collaboration.” - -Far from disavowing the initiative of their local authorities, the -Central Office for Labor gave them instructions to continue this policy. -The proof is furnished by the circular of Dr. Mansfeld, dated 29 January -1942, which I have just submitted to the Tribunal under Exhibit Number -RF-26 (Document Number 1183-PS) in which instructions were given that -the stopping of unemployment compensation should be utilized as a means -of pressure on workers from foreign countries. The circular of Dr. -Mansfeld shows that the blackmail of the National Socialist leaders was -practiced not only in the granting of unemployment compensation, but -also in the issuing of ration cards. - -Moreover, the defendants tried to force the inhabitants of the occupied -territories to leave for Germany by increasing their food difficulties. -The proof of this intention is given in the report of the session of 1 -March 1944 of the Conference of the Four Year Plan. This document I -referred to a short time ago as Exhibit Number RF-30 (Document R-124). -This is a passage which has not yet been read, which the Tribunal will -please permit me to read. It is on Page 5 of the French translation, -Pages 1814 and 1815 of the German text. The page numbers are at the -bottom and on the right. I read on the top of Page 5 of the French text: - - “Milch: ‘Wouldn’t the following method be better than . . . to - protect the “S” factories, German administration should take - over the feeding of the Italians and say to them, “No one shall - receive food unless he works in a protected factory (S-Betrieb) - or leaves for Germany?’” - - “Sauckel: ‘It is true that the French workman in France is - better fed than the German workman in Germany. The Italian - workman, even if he does not work at all, is better fed in the - part of Italy which we occupy than if he worked in Germany.’” - -I have shown the Tribunal the economic and social measures which the -National Socialist authorities took to force workers in the occupied -territories to accept labor contracts offered by the German authorities. -This indirect coercion was reinforced by direct pressure which was -simultaneously put on the local governments, the employers, and on the -workers themselves. - -The National Socialist leaders knew that their recruiting policy could -be facilitated by the local authorities. That is why they tried to make -the pseudo-governments of the occupied territories guarantee or indorse -the fiction of voluntary enrollment. I submit to the Tribunal an example -of the pressure which the German services placed on the Vichy Government -to that purpose. They first arranged that the State Secretariat of Labor -should issue a circular to all prefects on 29 March 1941. The German -authorities were not satisfied with this circular. They were conscious -of the illegality of their recruiting methods and they wished to justify -them by an agreement with the _de facto_ government of France. - -They required that this agreement be made known by public statement. -Negotiations were carried out for this purpose in 1941 and 1942. The -violence of the German pressure is substantiated by the letters -addressed by Dr. Michel, chief of the administrative staff, to the -Delegate General for Franco-German Economic Relations. - -I refer especially to his letters of 3 March 1942 and 15 May 1942, which -constitute Exhibits Numbers RF-39 and 40 (Documents Numbers F-526 and -F-525). I read first to the Tribunal the letter of 15 May, which is -under Exhibit Number RF-39 (Document Number F-526): - - “Paris, 15 May 1942. - - “Subject: The Recruiting of French Labor for Germany. - - “As the result of the conversations of 24 January 1942, and - after repeated appeals, the first draft of the declaration of - the French Government concerning recruiting was presented 27 - February. On the German side it was accepted with slight - modifications and in written form on 3 March, on the condition - that at the time of its transmission to the organizational - committees, attention should be directed to the fact that the - French Government expressly approved of the acceptance of work - in Germany. - - “On 19 March attention was drawn to the fact that a draft for a - memorandum to the organizational committees should be submitted, - whereupon the draft was submitted on 27 March. On 30 March a - proposal for modification was delivered to M. Terray, who was to - take it up with M. Bichelonne.” - -I skip the two following paragraphs, and I will read the last paragraph: - - “Although no reason appears for the unusual and incomprehensible - delay, the draft has not been presented up to now. As more than - 2 months have passed since the first request for the submission - of the memorandum, it is requested that the new draft be - submitted by 19 May. - - “For the Military Commandant; for Chief of the Administrative - Staff. Signed, Dr. Michel.” - -The Tribunal undoubtedly has observed that Dr. Michel demanded not only -the circulation of a public declaration, but also insisted that the text -of this statement be officially transmitted to the organizational -committees. The pressure which occupation authorities put upon French -industrial enterprises to stimulate them to encourage the departure of -their workers to Germany was brought about, in fact, through the medium -of the organizational committees. The German offices for labor -collaborated directly with the organizational committees. They ordered -conferences in the course of which they dictated their will to the -leaders of these committees. They also insisted that the organizational -committees should be informed of all the measures which the French -authorities had to take. - -The committees could then be associated with these measures in the -interests of German policy. The correspondence of Dr. Michel offers -numerous examples of the constant efforts of the German authorities to -act upon the organizational committees. - -I have just offered an example of this to the Tribunal in the document -which I have read. I now offer another. - -In 1941 the Germans demanded that the circulars, especially the -directive of 29 March 1941 addressed to the prefects regarding the -recruiting of laborers for Germany, should be officially transmitted to -the organizational committees. The occupation authorities obtained -satisfaction through a circular of 25 April, which I submit to the -Tribunal under Exhibit Number RF-41 (Document Number F-521). But the -terms of this circular did not receive the approval of the German -authorities, and on 28 May 1941 Dr. Michel protested in violent terms to -the Delegate General for Franco-German Economic Relations. This protest -constitutes our Document F-522. I submit it to the Tribunal under -Exhibit Number RF-42, and read it: - - “Paris, 28 May 1941. - - “Subject: Recruiting of Workers for Germany. - - “Reference: Your letter Number 192 of 29 April 1941. - - “From your explanations I gather that even before my letter of - 23 April was received a circular for the organizational - committees had been drafted and sent on 25 April. - - “This circular, nevertheless, does not seem to me adequate to - support in an efficacious manner the recruiting of workers - carried out by Germany. That is why I consider that it is - necessary that, in a further directive, attention may be drawn - to the points which were particularly mentioned by me on 23 - April and I request you to submit to me as soon as possible the - appropriate draft. - - “On the German side an impressive contribution toward the - creating of a favorable atmosphere has been made by means of the - intended release of an additional large number of prisoners of - war, which was considered by you at the time of our conversation - of 24 March as a primary condition for the success of a - reinforced recruiting of workers for Germany. I am therefore - probably not wrong in expecting that you will send to the - economic organizations a communication so designed that the - attitude of expectation, maintained by French economy up until - now, will develop also in the field of the release of labor into - a constructive co-operation. I therefore expect that you will - submit to me your proposals with all possible speed.” - -And, finally, the German services placed direct pressure upon the -workers themselves. - -First, moral pressure. The _opération de la relève_ (prisoner exchange -plan) tried in France in the spring of 1942 is characteristic. The -occupation authorities promised to compensate for the sending of French -workers to Germany by liberating prisoners of war. The return of a -prisoner was to take place upon the departure of a worker. This promise -was fallacious, and reality was quite different. - -I quote in this connection the report on compulsory labor and the -deportation of workers, which I submitted this morning to the Tribunal -under Exhibit Number RF-22 (Document Number F-515). - -I quote Page 51, both in the French original and in the German -translation. In the French original it is the third paragraph of Page 51 -and in the German translation the first paragraph: - - “If the press, inspired by the occupying power, pretends in its - commentaries to applaud the replacement plan of one prisoner for - one worker, it is undoubtedly done to order and based on - calculation; and also it seems because until 20 June 1942, 2 - days before the speech cited before”—it was a speech of the - chief of the _de facto_ government of France—“it was, indeed, - this proportion which the Germans Michel and Ritter had - pretended to accept in their reports to the French - administrative services. - - “The proportion, in fact, of one to five, appears to have been a - last-minute surprise of which the press had never breathed a - word.” - -The pressure of which foreign workers were the victims was also a -material pressure. I said that the fiction of voluntary enrollment could -not be maintained in view of the arrests. I wish to submit a document to -the Tribunal which furnishes a characteristic example of the German -mentality and of the methods utilized by the National Socialist -administrations. This is a document which in the French archives is -Number 527, which I submit to the Tribunal under Exhibit Number RF-43. -This is a letter from the delegate of the Reich Labor Minister in the -French department of Pas de Calais. This official enjoins a young French -workman to depart for Germany as a free worker under threat of -unfavorable consequences. This is in Exhibit Number RF-43 (Document -Number F-527), third page: - - “Sir: - - “The 26th of March last, in Marquise, I ordered you to go to - work in Germany in your profession. You were to leave with the - convoy of the 1st of April for Germany. You paid no attention to - this summons. I warn you that you must present yourself, with - your baggage, next Monday, 28 April, before 19 hours, at 51 Rue - de la Pomme d’Or in Calais. I call your attention to the fact - that you leave for Germany as a free worker, that you will work - there under the same conditions, and earn the same wages as the - German workers. - - “In case you do not present yourself, I must tell you that - unfavorable consequences may very well follow. - - “Delegate for the Labor Ministry of the - Reich”—signed—“Hanneran.” - -The proof of the constraint which the German authorities exercised on -the workers of the occupied territories to bring about their allegedly -voluntary enrollment may be continued. The National Socialist -authorities did not merely impose labor contracts tainted with violence -on foreign workers, they themselves deliberately failed to honor these -contracts. - -I find proof of this in the fact that they unilaterally prolonged the -duration of the contracts signed by foreign workers. This proof is based -on several documents. Some ordinances were issued by the Defendant -Göring in his capacity as Delegate for the Four Year Plan; others by the -Defendant Sauckel. - -I now call the attention of the Tribunal to an order of Sauckel’s, dated -29 March 1943, which I submit to the Tribunal under Document Number -RF-44. It is an extract from _Verfügungen, Anordnungen, -Bekanntmachungen_, Volume 5, Page 203: - - “Extension of work contracts, fixed for a period of time, of - foreign workers, who during the time of their contract have, - absented themselves from their work without proper excuse. - - “The Plenipotentiary General for Allocation of Labor decrees: - - “The regular carrying out of the clauses of a contract for a - fixed period of time concluded by a foreign worker necessitates - that the worker should devote all his energy to the enterprise - for the whole duration of the contract. Nevertheless, it happens - that foreign workers as a result of idleness, delays in their - return to work from visits to their homes,”—I draw the - Tribunal’s attention to the following words—“serving terms of - prison, internment in a camp of correction, or for other - reasons, remain absent from their work . . . without just cause, - for a longer or shorter period of time. In such cases foreign - workers cannot be authorized to return to their country when the - period of time has elapsed for which they agreed to work - voluntarily in Germany. - - “Such procedure is not in keeping with the spirit of a work - contract for a fixed period of time, whose object is not only - the presence of the foreign worker, but also the work - accomplished by him.” - -Kept by force in the German factories which they had entered under -compulsion, the foreign workers were neither voluntary workers nor free -workers. The exposé of the methods of German recruiting will suffice to -show the Tribunal the fictitious character of the voluntary enrollment -on which it was supposed to be based. The foreign workers who agreed to -work in the factories of the National Socialist war industry did not act -through free will. Their number, however, remained limited. The workers -of the occupied territories had the physical and moral courage to resist -German pressure. This is proved in an admission by the Defendant -Sauckel, which I take from the minutes of the meeting of 3 March 1944 of -the Conference of the Four Year Plan. - -This is from an extract which has already been read by my American -colleague, Mr. Dodd, so I will not read it again to the Tribunal. I -merely wish to recall that the Defendant Sauckel admitted that out of 5 -million foreign workers who came to Germany, there were not even 200,000 -who came voluntarily. The resistance of the foreign workers surprised -the Defendant Sauckel as much as it irritated him. One day he expressed -his surprise to a German general who replied, “The difficulty comes from -the fact that you address yourself to patriots who do not share your -ideal.” - -Indeed, only force could constrain the patriots of the occupied -territories to work in behalf of the enemy. The National Socialist -authorities resorted to force. - -The Germans had, from the first, the possibility of imposing their -policy of force on that kind of labor whose particular status guaranteed -recruitment and apparent submission—the prisoners of war. From 1940 on, -the German military authorities organized labor task forces in prison -camps. They constantly increased the importance of these task forces, -which were put at the disposal of agricultural economy and the war -industry. - -The importance of the work required from war prisoners is substantiated -by the report on forced labor and the deportation of workers, which I -have submitted to the Tribunal under Exhibit Number RF-22 (Document -Number F-515). We find on Page 68 of the French and German texts the -following estimates: There were, at the end of 1942, 1,036,319 French -prisoners of war in Germany; 987,687 had been assigned to the work -groups and only the surplus, that is 48,632 prisoners, remained -unemployed. - -The utilization of prisoners of war in German factories does not -constitute a distinct phenomenon which can be dissociated from the -general plan for the recruiting of foreign workers; it is, on the -contrary, an integral part of this plan. - -The National Socialists have always considered that the obligation to -work applied just as much to war prisoners as to the civilian workers of -the occupied territories. They have on many occasions expressed this -conviction. I refer especially to three documents. - -The first is the decree of the appointment of the Defendant Sauckel, -which I submitted to the Tribunal at the beginning of my explanatory -remarks. - -The second document to which I wish to draw the attention of the -Tribunal is the 10th decree of Sauckel, which I submitted some time ago -under Document Number RF-17. This decree formulates the principle of the -obligation to work and applies to war prisoners, according to the terms -of its Article 8. - -Finally, Sauckel had, in another document, affirmed that the prisoners -of war were to be subject to work in the same manner as civilian -workers. This is found in the letter which he wrote to the Defendant -Rosenberg on 20 April 1942, some days after his appointment, to explain -his project to the latter. This is Document 016-PS, which my American -colleague, Mr. Dodd, has already submitted to the Tribunal. I present it -as Exhibit Number RF-45. I shall not read from it, but I point out that -on Page 20 of the German text the problem of compulsory labor is treated -in the general heading entitled, “Prisoners of war and foreign workers.” - -These documents bring a double proof to the Tribunal. First of all, they -reveal the willingness of the National Socialists to force prisoners to -work in behalf of the German war economy within the general frame of -their recruiting policy. In the second place, these documents establish -that the utilization of prisoners of war was not undertaken only by -military authorities; this utilization was ordered and systematized by a -civilian organization—that of the Arbeitseinsatz. As well as the -responsibility of the Defendant Keitel, it entails also that of the -German leaders who conducted the labor policy: the Defendant Sauckel, -the Defendant Speer, and the Defendant Göring. - -The Tribunal knows that international law regulates the conditions under -which prisoners of war may be forced to work. The Hague Convention -formulated rules which were closely defined by the Geneva Convention in -Articles 27, 31, and 32: - - “Article 27: Belligerents may use as workers healthy war - prisoners, according to their rank and their capabilities, with - the exception of officers and corresponding ranks. Nevertheless, - if officers, or those of similar rank, ask for suitable work, it - will be supplied for them as far as possible. Noncommissioned - officers, who are war prisoners, can be required to work only as - supervisors, if they do not expressly request remunerative - occupation. . . . - - “Article 31: The work furnished by the prisoners of war. . . .” - -THE PRESIDENT: We consider these documents as official and sufficiently -authentic. - -M. HERZOG: These rules of international law determine positively the -legal powers of the nation having prisoners of war in its custody. It is -legitimate to force prisoners of war to work during their captivity, but -this includes three legal limitations: - -1. It is forbidden to compel noncommissioned officers who are prisoners -to work, unless they have expressly requested to do so. - -2. War prisoners must not be used for dangerous work. - -3. Prisoners must not be associated with the enemy war effort. - -The National Socialist authorities systematically neglected these -imperative provisions. They exercised violent constraint on -noncommissioned officers held in captivity, to force them to join labor -crews. They included war prisoners as workers in their factories and in -the workyards, without considering the nature of the work imposed upon -them. The utilization of war prisoners by National Socialist Germany -took place under illegal and criminal conditions. This I affirm and I -will prove it to the Tribunal. - -THE PRESIDENT: We will take a recess for 10 minutes. - - [_A recess was taken._] - -M. HERZOG: Mr. President, Your Honors. From 1941, the Germans exercised -direct pressure on noncommissioned officers to force them to engage in -productive work for the Reich war economy. This pressure, after the -failure of propaganda methods, took the form of reprisals. Insubordinate -noncommissioned officers were subjected to ill-treatment; they were sent -to special camps, such as Coberczyn, where they were put under a -disciplinary regime. Some incurred penal sentences because of their -refusal to work. I submit, as proof, the report of the Ministry of -Prisoners, Deportees, and Refugees of the French Government, Document -UK-78(2), which is, in my document book, Exhibit Number RF-46. The -document is in a white file. I shall read from the bottom of Page 19 in -the French original, Page 10 of the German translation: - - “Work of noncommissioned officers. - - “On this subject the Geneva Convention was explicit: - Noncommissioned officers who are war prisoners can be subjected - to work only as supervisors, unless they make an express request - for a remunerative occupation. - - “In conformity with this article a certain number of - noncommissioned officers refused to work from the beginning of - their captivity. The number of imprisoned noncommissioned - officers was, at the end of 1940, about 130,000 and represented - later a very important source of labor for the Reich. Therefore, - the German authorities strove by every means to induce the - greatest possible number of objectors to work. To this effect, - during the last months of 1941, the noncommissioned officers who - did not volunteer for the work were, in most camps, subjected to - an alternating regime. For a few days they had to undergo - punishments such as the reduction of food rations, doing without - beds, compulsory physical exercises for a number of hours, and - particularly the _pelote_ (punishment drill). During another - period they were promised work according to their liking, and - other material advantages, for example, special regulations for - insurance, an extra number of letters, and higher wages. These - methods led a certain number of noncommissioned officers to - accept work. The noncommissioned officers who persisted in their - refusal to work were subjected to a very severe disciplinary - regime and to arduous physical exercises.” - -The National Socialist military authorities utilized the prisoners of -war for dangerous work. The French, British, Belgian, and Dutch -prisoners were used to transport munitions, to load bombs on planes, to -repair aviation camps, and to construct fortifications. The proof of the -use of prisoners of war for the transport of munitions and for the -loading of bombs on planes is furnished by the affidavits of repatriated -French prisoners of war. These affidavits have been assembled in the -report of the Ministry of Prisoners, which I have just quoted and which -I shall quote again. - -I now quote Page 27 of the French document, Page 14 of the German -translation. It is the same document from which I have just quoted, -Exhibit Number RF-46, Page 27: - - “(b) The requisition of prisoners for the construction of - fortifications and for the transport of munitions, very often in - the close vicinity of the firing line. - - “The war prisoners, Kommando 274 of Stalag II B, complain, - December 1944, of being employed on Sundays in the construction - of antitank trenches. - - “On 2 February 1945 the prisoners of Stalag II D, evacuated on - account of the advance of the Russian Army, worked, as soon as - they arrived at Sassnitz, at fortification works and antitank - works, in particular around the city. - - “After falling back from Stalag III B, the war prisoners were - engaged until the end of April in earthworks, digging trenches, - and in transporting aviation bombs. - - “Kommando 553 at Lebus was obliged to carry out work in the - front lines under the fire of Russian artillery. Numerous - comrades, drawn back to Fürstenwalde, were employed in loading - bombs on German bombers. In spite of their protests to the - International Committee of the Red Cross in Geneva and to the - colonel commanding Stalag III B, about billeting in barns, very - bad hygiene, and insufficient food, the latter answered that he - was obeying superior orders of the OKW, ordering the prisoners - to dig trenches.” - -The National Socialist leaders, for that matter, admitted that they used -French and British prisoners of war for military work on airdromes -exposed to Allied bombardment. - -I offer in proof two notes, the first addressed by the OKH to the War -Prisoners Section of the Wehrmacht, and the second by “Wilhelmstrasse” -to the German representative of the Reich Foreign Office at the -Wiesbaden Armistice Commission. - -The memorandum of the OKH, dated 7 October 1940, constitutes Document -F-549; I submit it to the Tribunal under Exhibit Number RF-47, and I -read it in full: - - “The demand of the French Delegation shall be considered - unfounded. The lodging of war prisoners in camps situated in the - vicinity of aviation fields is not in contradiction to the rules - of the rights of nations. - - “According to Article 9, Paragraph 4, of the Convention on the - Treatment of War Prisoners, of 27 July 1929, no prisoners of war - shall be exposed to the fire of the combat zone. Combat zone in - this sense is to be understood as the space in which normally a - battle between two armies is carried on, thus extending to a - depth of about 20 kilometers from the advance line. Places - exposed to possible aerial attacks, however, do not belong to - the combat zone. In this age of air warfare there no longer - exists any sure shelter. The fact of using war prisoners for the - construction of a camp and for the repairing of destroyed - runways does not seem to lend itself to any controversy. - - “According to Article 31 of the Convention quoted above, war - prisoners must not be used in works directly related to war - activity. The construction of shelters, houses, and camps is not - directly a war act. It is recognized that war prisoners may be - employed in the construction of roads. Accordingly their - utilization for the reconstruction of aviation camps that have - been destroyed is permissible. On the roads, trucks, tanks, - ammunition cars, _et cetera_, are driven, and on the aviation - fields there are planes. It is all the same. - - “On the other hand, it would be illegal to use war prisoners for - loading bombs, munitions, _et cetera_ on bombers. This would be - work directly related to war activity. - - “By reason of the legal position explained above, the OKH has - rejected the idea of withdrawing French prisoners of war - employed on work in the aviation camps.” - -I draw the attention of the Tribunal to this document. It emphasized the -bad faith of the leaders of National Socialist Germany, which was -two-fold: In the first place, the note of 7 October 1940, which I have -read, acknowledges that it is forbidden by international law to use -prisoners of war for the loading of bombs and ammunitions on bombers. -But I have just brought proof to the Tribunal that the French prisoners -of war were used for this purpose. In the second place, the note of the -OKH disputes the dangerous character of the work carried out on the -aviation fields. - -But the note of “Wilhelmstrasse,” to which I shall now refer, and which -I submit to the Tribunal under Exhibit Number RF-48 (Document Number -F-550), recognizes, on the contrary, that prisoners forced to work on an -aviation field incur grave danger because of the military purpose of -this work. - -I will read to the Tribunal a note of the German Foreign Office dated 14 -February 1941, Exhibit Number RF-48 (Document Number F-550): - - “Article 87 of the Agreement of 1929 on Prisoners of War - provides that, in case of difference of opinion on the subject - of the interpretation of the Agreement, the protecting powers - shall offer their services to settle the dispute. To accomplish - this, any protecting power may propose a meeting of - representatives of the belligerent powers. . . . France herself - assumes the responsibilities of a protecting power in questions - on prisoners of war.” - -I shall pass on from this quotation to Paragraph 2 of the same document: - - “As to the point in dispute, it is well to call attention to the - following: - - “The French conception, according to which prisoners of war may - not be quartered near airfields and may not be employed in - repairing runways, cannot be based on the exact content of - Articles 9 and 31; but, on the other hand, it is certain that - French prisoners of war quartered and employed under these - conditions are in a particularly dangerous situation, because - the airfields in occupied territories are used exclusively for - German military purposes and thus constitute a special objective - for enemy air attacks. - - “The American Embassy in Berlin has likewise made a protest - against a similar use of British prisoners of war in Germany. So - far no answer has been made, because a rejection of this protest - might result in German prisoners being employed in similar work - in England.” - -The utilization of war prisoners for the construction of fortifications -is substantiated by Document 828-PS, which I file with the Tribunal -under Exhibit Number RF-49. It is a letter of 29 September 1944, -addressed by the Chief of the German 1st Army Corps to the OKW, to give -an account of work on fortifications accomplished by 80 Belgian -prisoners of war. I quote: - - “According to the teletype referred to, it is reported that in - the territory of Stalag I A, Stablack Einsatzbereich 2-213, - Tilsit-Loten near Ragnit, there are 40 Belgian prisoners of war - and in Lindbach, near Neusiedel, 40 Belgian prisoners of war, - who are employed on fortification work.” - -There remains the task of proving that Allied prisoners, forced to work -in Reich armament factories, were associated with the enemy war effort. -To this end I first offer Document 1206-PS. This document is a -memorandum, dated 11 November 1941, concerning a report made 7 November -1941 by the Reich Marshal. The document, consequently, establishes the -direct responsibility of the Defendant Göring. The use of Russian war -prisoners is treated in a general way in this document, but it deals -also with the use of war prisoners of Western European countries. I -submit this document to the Tribunal as Exhibit Number RF-50, and I -read: - - “Berlin, 11 November 1941. - - “Notes on report made by the Reich Marshal at a meeting of 7 - November 1941 in the Reich Ministry for Air. - - “Subject: Employment of Russian labor in the war economy.” - -THE PRESIDENT: Has that already been put in by the United States? - -M. HERZOG: I think, Mr. President, that it was presented by the United -States Prosecution. I shall, therefore, simply quote an extract, the -fifth and sixth paragraphs of the first page, concerning the employment -of French and Belgian war prisoners on individual employment in the -economy of armament. This use of war prisoners in the Reich munitions -factories corresponded to a common plan. It is the result of a -systematic policy. The administrative offices for labor deliberately -assigned to armament factories all war prisoners who seemed capable of -carrying out skilled work. I quote, in this connection, Document -3005-PS, Exhibit RF-51. It is a circular addressed, in 1941, by the -Ministry of Labor to the heads of employment offices concerning the use -of French and Russian prisoners of war. This document has been submitted -and commented upon by my American colleague, Mr. Dodd. I shall, -therefore, not read it. I simply point out that this circular deals with -the employment of all French war prisoners in the armament factories of -the Reich. - -After the capitulation of Italy, Italian soldiers who had fallen into -the hands of the Germans—they were not called prisoners of war, but -rather “military internees”—were forced to work. I offer in this -connection, a directive of the Defendant Bormann, of 28 September 1943, -Document 657-PS, which I submit to the Tribunal under Exhibit Number -RF-52. - -The Italian military internees were in three categories; some asked to -continue the struggle on the side of the German army; others desired to -keep a neutral attitude; others turned their arms against their former -allies. The military internees of the second and third categories were, -in the terms of the circular, to be forced to work. I read: - - “Circular Number 55/43 G.R.S., top secret. Concerning the - treatment and employment of Italian military internees. - - “The OKW, in connection with the Plenipotentiary General for - Allocation of Labor, has regulated the treatment and the - employment of Italian military internees. The most important - directions of the ordinances of the OKW are the - following. . . .” - -I shall skip the rest of the first page and proceed to Page 2 of the -French translation: - - “The Italian internees who, when investigated, do not declare - themselves ready to continue the struggle under German command, - are put at the disposal of the Plenipotentiary General for - Allocation of Labor, who has already given the necessary - instructions for their employment to the heads of the regional - labor offices. - - “It is to be noted that Italian military internees must not be - employed together with the British and American prisoners of - war. . . .” - -The prisoners of war offered passive resistance to German force. The -National Socialist authorities intervened again and again to attempt to -increase their output. I refer to Document 233-PS, which I submit to the -Tribunal under Exhibit Number RF-53. It is a directive of the OKW of 17 -August 1944. The purpose is to indicate to the war prisoner bureaus -measures capable of increasing the production of the prisoners. I read -from the document: - - “Subject: Treatment of War Prisoners—Increase in Production. - - “The measures taken until now with regard to the treatment of - war prisoners and the increasing of their production have not - given the hoped-for results. The offices of the Party and those - of economy continually complain of the poor labor output of all - the war prisoners. The object of this circular is to make known - the directives for prisoners of war made in agreement with all - interested offices of the Party and State. Accordingly all guard - companies and their auxiliaries are to be given detailed - instructions. - - “1. Collaboration with the Hoheitsträger of the NSDAP. - - “The co-operation of all officers in charge of war prisoners - with the Hoheitsträger of the Party must be intensified to an - even greater extent. To this end the commanders of the - prisoners-of-war camps shall immediately detail, for all the - Kreise in their command, an energetic officer acquainted with - all questions concerning prisoners of war, to act as liaison - officer to the Kreisleiter. This officer shall have the duty of - settling in closest collaboration with the Kreisleiter, - according to the instructions of the camp commander, all - questions concerning prisoners of war which might be of public - interest. - - “The aim of this collaboration must be: (a) To increase the - labor output of war prisoners; (b) to solve all arising - difficulties quickly and on the spot; (c) to organize the - employment of war prisoners in the Kreise in such a way that it - meets with the political, military, and economic requirements. - - “The Chancellery of the Party will give the necessary orders to - the Gauleiter and the Kreisleiter. - - “2. Treatment of prisoners of war. The treatment of prisoners of - war shall be dictated, within limits compatible with security, - by the sole purpose of increasing the labor output to the utmost - extent. In addition to just treatment, providing the prisoners - with the food due them according to stipulations, and with - proper billets, supervision of the labor output is necessary to - achieve this highest possible production. - - “Available means must be employed with extreme rigor as regards - lazy and rebellious prisoners.” - -The resistance of war prisoners caused the German labor bureaus to use a -subterfuge to force them to work. I refer to the operation called the -transformation of war prisoners into free workers. It consisted in -transforming prisoners of war into so-called free workers, to whom a -labor contract was offered. The operation was perfected by the Defendant -Sauckel in the course of one of his trips to Paris on 9 April 1943. To -Germany it offered the advantage of permitting the use of transformed -prisoners in armament factories without directly violating the Geneva -Convention. For the prisoners it presented only an illusory advantage, -the decrease of the surveillance to which they were subjected. In -reality the length and the nature of the work imposed upon them was in -no way changed; their housing conditions and the quality of their -rations remained unchanged. Moreover, this operation, presented by -German propaganda as a special measure to war prisoners, brought about a -deterioration of their legal status. - -The prisoners of war were not fooled; in most cases they refused to -co-operate with this German maneuver. Some agreed to do it, but a number -of these took advantage of the first leave granted them because of their -change in status, and fled. The report of the Statistical Institute on -Forced Labor, which I submitted to the Tribunal this morning under -Exhibit Number RF-22, (Document Number F-515) gives in this connection -the following information. I quote it, Page 70 of the French text, Page -70 of the German translation. I shall read the second paragraph: - - “The transformation of prisoners into ‘free’ workers, which was - realized or carried out as the second Sauckel act and which - because of this fact must be counted in the present list as - dating from 25 April 1943, was decided by him, Sauckel, in the - course of a trip to Paris on 9 April 1943. It was to afford, - after the prisoner had signed his contract, leave to go to - France which was dependent on the return of the men who had gone - on leave before. Two attempts were made to carry out this plan. - As of 24 April 1943, out of 1,000 on leave, 43 did not return. - In the month of August following, out of 8,000 on leave, 2,000 - did not return. A last appeal directed to them was published in - the press of 17 August without result. There is no third - experiment, and the transformation in practice limited itself to - the removal of sentinels and of camp guards, but did not change - either the nature or the duration of the work or the housing - conditions or the rations. On the other hand, it entailed loss - of rights to receive packages from the International Red Cross - and loss of the diplomatic protection of prisoners of war.” - -The forced utilization of war prisoners did not permit the German -authorities to solve the labor problem of the war economy. That is why -they applied their policy of force to the civilian populations of the -occupied territories. - -The National Socialist authorities systemized their policy of force, -from 1942 on, by instituting compulsory labor in the different occupied -territories. From the end of 1941 it has been confirmed that neither the -recruiting of voluntary workers nor the utilization of prisoners led to -a solution of the problem of the labor required for the war economy. The -Germans then decided to proceed to the forced enrollment of civilian -workers. They decreed a veritable civilian mobilization, the execution -of which characterizes their criminal activity. - -I refer to a circular of 29 January 1942, issued by Dr. Mansfeld on the -responsibility of the Defendant Göring. I remind the Tribunal that I -have submitted this Document Number 1183-PS already under Exhibit Number -RF-26. I read the passage from the document where I stopped this -morning, Page 2, last paragraph of the French translation, Page 2; last -paragraph also of the German original: - - “In order to avoid effects detrimental to the armament industry, - all considerations must yield to the necessity of filling in - every case the gaps in the labor supply caused by extensive - drafting into the Wehrmacht. To this end the forced mobilization - of workers from the occupied territories must not be overlooked - if voluntary recruitment should not succeed. The mere - possibility of compulsory mobilization will, in many cases, - facilitate recruiting. - - “Therefore I ask you to take immediate steps in your district to - promote the employment of workers in the German Reich on a - voluntary basis. I herewith request you to prepare for - publication, regulations to render possible forced mobilization - of labor in your territory for Germany, so that they may be - decreed at once in case recruiting on a voluntary basis remains - without the success necessary to relieve labor in the Reich.” - -The appointment of the Defendant Sauckel may be considered as -preparatory measure for the establishment of compulsory labor. It was -necessary that a central authority be set up in order to co-ordinate the -activity of the different labor departments to proceed to the -mobilization of civilian workers. The terms explaining the motives of -the decree of appointment are explicit: The mission of the -Plenipotentiary for Allocation of Labor consists in satisfying the labor -needs of the German economy through the recruiting of foreign workers -and the utilization of war prisoners. The decree of Sauckel dated 22 -August 1942, which I have submitted to the Tribunal under Document -Number RF-17, expresses, moreover, the will of the defendant to set -about recruiting by means of coercion. - -The institution of compulsory labor represents deliberate violation of -international conventions. The deportation of workers is forbidden by -several stipulated regulations which have the value of actual law. I -shall quote, first of all, Article 52 of the Annex to the Fourth -Convention of the Hague. I have already given a commentary on it to the -Tribunal to demonstrate that the requisitioning of labor effected by the -occupation authorities was illegal. Much more, the institution of -compulsory labor was prohibited by Article 52. Compulsory labor was -imposed upon foreign workers in the interest of the German war economy. -It was carried out in armament factories of National Socialist Germany. -It deprived the occupied territories of labor necessary for the rational -exploitation of their wealth. It therefore is not within the framework -of that labor requisition which Article 52 of the Hague Convention -authorizes. - -The prohibition of forced labor is, moreover, affirmed by another -international convention. It is a question of the Convention of 25 -September 1926 on slavery, of which Germany is a signatory. This treaty -makes forced labor equivalent to slavery in its Article 5. I ask the -Tribunal to refer to it. - -Deportation of workers is the subject of a formal prohibition. Forced -labor in German war factories was, therefore, instituted in flagrant -violation of international law and of all pledges subscribed to by -Germany. The National Socialist authorities transgressed positive -international law; they likewise violated the law of nations. The latter -guarantees individual liberty, on which the principle of forced -recruitment is a characteristic attack. - -The violation of treaties and the contempt of the rights of individuals -are the tenets of National Socialist doctrine. Therefore, the defendants -proceeded not merely to the mobilization of foreign workers; they -proclaimed the necessity and the legitimacy of forced labor. I shall, -first of all, indicate to the Tribunal certain declarations made by the -defendants which amount to admissions. I shall thereupon indicate how -the occupation authorities introduced the service of compulsory work in -the different occupied territories. I shall demonstrate, finally, that -the Germans took measures of violent coercion in an attempt to assure -the execution of the civilian mobilization which had been decreed. - -The legitimacy of forced enrollment has been upheld by Hitler. The proof -of this can be found in the report of the Führer conferences held on 10, -11, and 12 August 1942. It is contained in Document R-124 which I -presented this morning under Exhibit Number RF-30. I shall not read it -to the Tribunal, because my American colleague, Mr. Dodd, has done so -during his presentation on forced labor. I point out that the document -to which I refer indicates that the Führer was in agreement with the -exercise of all the necessary compulsion in the East as well as in the -West, if the question of recruiting foreign workers could not be -regulated on a voluntary basis. - -The necessity of making use of compulsory labor was expressed in -identical terms by certain defendants. - -I shall not stress the numerous statements of the Defendant Sauckel to -which I have already drawn the attention of the Tribunal. The -explanatory statement of his decree of 22 August 1942, the program -included in his letter of 24 April 1942, and the policy advocated in his -speech at Posen in February 1943, reproduce faithfully the determination -of the defendant to justify the principle of forced recruiting. I shall -not revert to this. - -I present to the Tribunal the declaration of the Defendant Jodl. This -declaration is an extract from a long speech made by General Jodl, 7 -November 1943 at Munich before an audience of Gauleiter. This speech is -Document L-172. I offer it in evidence to the Tribunal under Exhibit -Number RF-54. I shall read Page 2 of the French translation, Pages 38 -and 39 of the German original: - - “The dilemma of manpower shortage has led to the idea of making - more thorough use of the manpower reserves in the territories - occupied by us. Here right and wrong conceptions are mixed - together. I believe that as far as labor is concerned, the - utmost has been done, but where this is not yet the case, it - would appear preferable from the political point of view to - abstain from compulsory measures and instead to aim at order and - economic effort. In my opinion, however, the time has now come - to take steps with remorseless vigor and resolution in Denmark, - Holland, France, and Belgium to compel thousands of idle persons - to carry out fortification work, which takes precedence over all - other tasks. The necessary orders for this have already been - given.” - -The German Labor Service had not waited for the appeal of General Jodl -to decree the mobilization of civilian foreign workers. I am going to -show the Tribunal how compulsory labor was instituted and organized in -France, Norway, Belgium, and Holland. - -I should like to remind the Tribunal that in Denmark there was never any -legal regulation for forced labor and that forced labor was carried out -as a simple _de facto_ measure. - -I also wish to remind the Tribunal that compulsory labor was introduced -in a special form in Luxembourg and in the French departments of Alsace -and Lorraine. The occupation authorities incorporated the citizens of -Luxembourg and the French citizens residing in the departments of -Bas-Rhin, Haut-Rhin, and Moselle, in the labor service of the Reich. -This incorporation was carried out by ordinances of Gauleiter Simon and -Gauleiter Wagner. The ordinances constitute an integral part of the -Germanization plan for territories of Luxembourg, Alsace, and Lorraine. -Their scope exceeds that of the measures of forced enrollment which were -taken in other occupied territories. That is why I refer the Tribunal, -on this point, to the explanation which will be given in the trial brief -of M. Edgar Faure. - -Two German texts of a general nature serve as a foundation for the -legislation on forced labor in the occupied territories of Western -Europe. - -The first is the decree of Sauckel of 22 August 1942, to which I have -drawn the attention of the Tribunal on several occasions. This decree -prescribes the mobilization of all civilian workers in the service of -the war economy. Article 2 prescribes that this decree is applicable to -occupied territories. This decree of 22 August 1942 thus constitutes the -legal charter of the civilian mobilization of foreign workers. This -mobilization was confirmed by an order of the Führer of 8 September -1942. It is Document 556(2)-PS, Exhibit Number RF-55, which I submit to -the Tribunal and from which I shall read: - - “The Führer and Supreme Commander of the Wehrmacht; General - Headquarters of the Führer: 8 September 1942. - - “The extensive coastal fortifications which I have ordered to be - erected in the area of Army Group West necessitate in the - occupied territory the utilization of all available workers to - the fullest extent and to their utmost capacity. The assignment - of indigenous workers, made up to now, is insufficient. In order - to increase it, I order the introduction of compulsory labor and - the prohibition of changing the place of employment without - permission of the authorities in the occupied territories. - - “Furthermore, in future, the distribution of food and clothing - ration cards to those subject to compulsory labor shall depend - on the possession of a certificate of employment. Refusal to - accept an assigned job, as well as leaving the place of work - without the consent of the authorities in charge, will result in - the withdrawal of the food and clothing ration cards. - - “The GBA”—that is, the office of the Defendant Sauckel—“in - agreement with the military commanders or the Reich - Commissioners, will issue the appropriate directives.” - -The forced enrollment of foreign workers was preceded by preliminary -measures to which the order of 8 September 1942 refers—which I have -just read. I am speaking of the freezing of labor. To carry out the -mobilization of workers it was necessary for the public services to -exercise strict control over their use in the industrial enterprises of -occupied territories. This control had a double purpose: It was to -facilitate the census of workers suitable for work in Germany and to -prevent workers from avoiding the German requisition by alleging a real -or fictitious employment. The National Socialist authorities exercised -this control by restricting the liberty of hiring and discharging, which -they had given to the authorities of the labor bureaus. - -In France, the freezing of labor was brought about by the law of 4 -September 1942. I shall shortly explain to the Tribunal the conditions -under which this law was formulated. I shall, for the moment, simply -submit it to the Tribunal under Document Number RF-56 and ask the -Tribunal to take judicial notice of it. - -In Belgium, the freezing of labor was carried out by the ordinance of -the military commanding officer of 6 October 1942. I submit Document -Number RF-57, of which I ask the Tribunal to take judicial notice. - -Finally, in Holland, where compulsory labor was instituted as early as -1941, an ordinance of the Reich Commissioner, dated 28 February 1941, -which I offer to the Tribunal under Document Number RF-58, organized the -freezing of labor. - -The immobilization of labor was brought about under an economic pretext -in all countries. In reality it constituted a preliminary measure for -the mobilization of workers, which the National Socialists immediately -proceeded to carry out. - -In France compulsory labor was established by the legislation of the -pseudo-government of Vichy, but this legislation was imposed upon the -_de facto_ French authorities by the defendants, and especially by -Sauckel. The action which Sauckel brought against the Government of -Vichy, to force it to favor the deportation of workers into Germany, was -exercised in four phases: I shall briefly review for the Tribunal the -history of these four Sauckel actions. - -The first Sauckel action was initiated in the spring of 1942, soon after -the appointment of the defendant as Plenipotentiary for Allocation of -Labor. The German armament industry had an urgent need of workers. The -service of the Arbeitseinsatz had decided to recruit 150,000 skilled -workers in France. Sauckel came to Paris in the month of June 1942. He -had several conversations with French ministers. Otto Abetz, German -ambassador in Paris, presided over these meetings. They brought about, -the following results: - -In view of the reluctance of French authorities to establish compulsory -labor, it was decided that the recruiting of 150,000 skilled workers -should be carried out by a pseudo-voluntary enrollment. This was the -beginning of the so-called exchange operation, to which I have already -drawn the attention of the Tribunal. - -But the Tribunal knows that the exchange operation was a failure and -that, despite an intensification of German propaganda, the number of -voluntary enrollments remained at a minimum. The German authorities then -put the Vichy Government under the necessity of proceeding to forced -enrollment. I offer in evidence the denunciatory letter of 26 August -1942, addressed by the German, Dr. Michel, Chief of the Administrative -Staff, to the Delegate General for Franco-German economic relations. -This is French Document F-530, which I shall submit to the Tribunal as -Exhibit Number RF-59: - - “Paris, 26 August 1942. - - “Military Commander in France, economic section; to M. Barnaud, - Delegate General for Franco-German Economic Relations; Paris. - - “President Laval promised Gauleiter Sauckel, Plenipotentiary - General for Allocation of Labor, to make every effort to send to - Germany, to help German armament economy, 350,000 workers, of - which 150,000 should be metal workers. - - “The French Government intended at first to solve this problem - by recruitment, especially of the _affectés spéciaux_. This - method has been abandoned and that of voluntary enrollment has - been attempted with a view to the liberation of prisoners. The - past months have shown that the end in view cannot be achieved - by means of voluntary recruitment. - - “In France, German armament orders have increased in volume and - urgency. Moreover, special tasks have been set, the - accomplishment of which depends upon the supply of a very - considerable number of workers. - - “In order to assure the realization of the tasks for which - France is responsible in the sphere of the Arbeitseinsatz, the - French Government must now be asked to put into execution the - following measures: - - “1) The publication of a decree, concerning change of place of - work. By virtue of this decree, leaving the place of employment - and engaging labor depends on the approval of certain specified - authorities. - - “2) The institution of compulsory registration of all persons - out of work, as well as of those who do not work full-time or - are not permanently employed. This compulsory registration is to - ensure the fullest recruitment possible of all the reserves - still available. - - “3) The publication of a decree for the mobilization of workers - for tasks important to the policy of state. This decree is to - ensure: (a) The necessary labor for Germany; (b) the workers - necessary in France for the carrying out of orders which have - been transferred there and the workers needed for special tasks. - - “4) Publication of a decree ensuring an adequate supply of - apprentices. This decree is to impose upon French enterprise the - duty of turning out, by means of apprenticeship and systematic - training, young workers possessing adequate qualifications. - - “For the Military Commander, the Chief of the Administrative - Staff.”—signed—“Dr. Michel.” - -Dr. Michel’s letter forms the basis for the law relative to the -utilization and the allocation of labor. It is the law of 4 September -1942, which I have submitted to the Tribunal under Document Number -RF-56. - -In application of the law, all Frenchmen between 18 and 50 who did not -have employment for more than 30 hours a week, were forced to state this -at their local town hall. A decree of 19 September 1942 and a directive -of 22 September provided regulations as to how this declaration had to -be made. - -Sauckel’s first action was achieved through a legislative plan; the -defendant had merely to dip into the labor resources which were -established by it. But the resistance of the French workers caused his -recruiting plan to fail. This is why Sauckel undertook his second -action, beginning in January 1943. - -The second Sauckel action is marked by the introduction of compulsory -labor, properly speaking. Until then workers had been the only victims -of the policy of force of the defendants. The latter understood the -demagogic argument which they could derive from this _de facto_ -situation. They explained that it was inadmissible that the working -classes of the occupied territory should be the only ones to participate -in the German war effort. They demanded that the basis of forced labor -be enlarged by the introduction of compulsory labor. - -This was established by two measures. A directive of 2 February 1943 -prescribed a general census of all French males born between 1 January -1912 and 1 January 1921. The census took place between 15 and 23 -February. It had just been put in force when the law and decree of 16 -February 1943 appeared. These regulations introduced compulsory labor -for all young men born between 1 January 1920 and 31 December 1922. I -submit them to the Tribunal under Documents Numbers RF-60 and 61, of -which I ask the Court to take judicial notice. - -The action carried out by the defendants to impose this exceptional -legislation is substantiated by numerous documents. I particularly draw -the attention of the Tribunal to four of these, which permit us to -retrace the activities of the Defendant Sauckel during the months of -January and February 1943. On 5 January 1943 Sauckel transmitted to the -different departments of his administration an order of the Führer, -which the Defendant Speer had communicated to him. This is Document -556(13)-PS, which I submit to the Tribunal under Exhibit Number RF-62. I -shall read its first paragraph: - - “On 4 January 1943, at 8 o’clock in the evening, Minister Speer - telephoned from the general headquarters of the Führer giving - the information that, by virtue of a decision of the Führer, it - was no longer necessary, when recruiting skilled and unskilled - labor in France, to have any particular regard for the French. - Recruitment could be carried on there with pressure and more - severe measures.” - -On 11 January 1943 the Defendant Sauckel was in Paris. He attended a -meeting which brought together at the Military Commander’s all -responsible officials of the labor service. He announced to them that -new measures of compulsion were to be taken in France. I refer you to -the minutes of the meeting which constitute Document 1342-PS, which I -submit to the Tribunal under Exhibit Number RF-63. I shall read from -Page 2 of the French translation; Page 1, fourth line, of the second -paragraph of the German original: - - “Gauleiter Sauckel likewise thanks the various services for the - successful carrying out of the first action. Immediately after - the beginning of the new year, he is obliged to announce further - severe measures. There is a great new need of labor for the - front as well as for the Reich armament industry.” - -I skip to the end of the paragraph. I shall read from the next -paragraph: - - “The situation at the front calls for 700,000 soldiers fit for - front-line service. The armament industry would have to lose - 200,000 key workers by the middle of March. I have received an - order from the Führer to find 200,000 foreign skilled workers as - replacements and I shall need for this purpose 150,000 French - skilled workmen, while the other 50,000 can be drawn from - Holland, Belgium, and other occupied countries. In addition, - 100,000 unskilled French workers are necessary for the Reich. - The second action of recruitment in France makes it necessary - that by the middle of March 150,000 skilled workers and 100,000 - unskilled workmen and women be transferred to Germany.” - -The Defendant Sauckel went back to Germany a few days later. On 16 -February he was in Berlin at the meeting of the Central Planning Board. -He gave a commentary on the law which was to appear that very day and -revealed that he was the instigator of it. I refer once more to the -minutes of the conferences of the Four Year Plan, included under -Document Number R-124, which I submitted this morning to the Tribunal -under Exhibit Number RF-30. I shall read an extract from this document, -which my American colleagues have not mentioned. It is Page 7 of the -French translation of the document, Page 2284 of the German original; -this is the situation in France: - - “My collaborators and I having succeeded, after difficult - discussions, in persuading Laval to introduce the law of - compulsory labor in France, this law has now been so - successfully extended, thanks to our pressure, that by yesterday - three French age-groups had already been called up. So we are - now legally qualified to recruit in France, with the assistance - of the French Government, workers of three age-groups whom we - shall be able to employ henceforth in French factories, but - among whom we shall also be able to choose some for our own - needs in the Reich and send them to Germany.” - -The Defendant Sauckel returned to France on 24 February. I offer in -evidence to the Tribunal the letter which he addressed to Hitler before -his departure, to inform him of his journey. It proves the continuity of -the action of Sauckel. The letter constitutes Document 556(25)-PS, which -I submit to the Tribunal under Exhibit Number RF-64, and I shall read -it: - - “Plenipotentiary General for Allocation of Labor, to the Führer; - general headquarters of the Führer. - - “My Führer: - - “I beg herewith to take leave of you before my intended journey - to France. The purpose of my journey is: - - “1) To put at the disposal of the Reich, within the given time, - skilled labor to replace German key workers being drafted into - the Wehrmacht. May I add that Field Marshal Keitel and General - Von Unruh received a communication from me yesterday to the - effect that half of these replacements for key men, that is - 125,000 French qualified skilled men, have already arrived in - the Reich on 1 January 1943 and that a corresponding number of - soldiers can be called to the colors. I shall now make sure in - France that the second half shall arrive in the Reich by the end - of March, or earlier if possible. The first French program was - executed by the end of December. - - “2) To assure the necessary labor for the French dockyards for - the carrying out of the programs drawn up by Grand Admiral - Dönitz and Gauleiter Kaufmann. - - “3) To assure the necessary labor for the programs of the - Luftwaffe. - - “4) To assure the necessary labor for the other German armament - programs which are in progress in France. - - “5) To make available supplementary labor in agreement with - State Secretary Backe, with a view to intensifying French - agricultural production. - - “6) To have discussions, if necessary, with the French - Government on the subject of the carrying out of the labor - service, the calling up of age-groups, and so forth, with a view - to activating the recruitment of labor for the benefit of the - German war economy.” - -THE PRESIDENT: I think that is a good time to break off. - - [_The Tribunal adjourned until 19 January 1946 at 1000 hours._] - - - - - THIRTY-EIGHTH DAY - Saturday, 19 January 1946 - - - _Morning Session_ - -M. HERZOG: Mr. President, Your Honors, at the end of yesterday’s session -I was expounding to the Tribunal the conditions under which the -compulsory labor service was progressively imposed in France. I reached -the second action of the Defendant Sauckel as set out in the laws and -decrees of 16 February 1943. Sauckel’s second action accelerated the -enforced enrollment of Frenchmen during the months of February and March -1943. Several tens of thousands of young men of the 1940 and 1942 -classes were deported to Germany by the application of the law of 16 -February. The tempo of these deportations slowed down in the month of -April, but the Arbeitseinsatz immediately formulated new requirements. -On 9 April 1943 the Defendant Sauckel asked the French authorities to -furnish him with 120,000 workers during the month of May and 100,000 -during the month of June. In June he made it known that he wished to -effect the transfer of 500,000 workers up to 31 December. - -Sauckel’s third action was about to begin. It was to be marked, on 3 -June 1943, by the total mobilization of the 1942 class. All exemptions -provided by the law of 16 February and subsequent texts were withdrawn, -and the young men of the 1942 class were tracked down throughout France. - -In reality, Sauckel’s third action was especially manifested by a -violent pressure on the part of the defendant, tending towards a mass -deportation by forced recruiting. I offer in evidence three documents -which testify to the action taken by Sauckel in the summer of 1943. - -The first document is a letter from Sauckel to Hitler, dated 27 June -1943. Drafted by the defendant upon his return from a trip to France, it -contains an outlined plan for the recruiting of French workers for the -second half of 1943. Its object was, on the one hand, to secure 1 -million workers to be assigned in France to French armament factories -and, on the other hand, 500,000 French workers to be deported to -Germany. This letter constitutes Document 556(39)-PS, which I submit to -the Tribunal as Exhibit Number RF-65. I quote: - - “Weimar, 27 June 1943. - - “My Führer: - - “Herewith I beg to report my return from my official trip to - France. - - “Inasmuch as the free labor reserves in the territories occupied - by the German Armed Forces have been, numerically, absorbed to - saturation point, I am now carefully examining the possibilities - of mobilizing additional labor reserves in the Reich and the - occupied territories to work on German war production. - - “In my reports of 20 April I was allowed to point out that - intensive and careful utilization must be made of European labor - forces in territories submitted to direct German influence. - - “It was the purpose of my recent stay in Paris to investigate - the possibilities still existing in France for the recruitment - of labor by extensive conferences and my own personal - inspection. On the basis of a carefully established balance - sheet I have come to the following decision: - - “1. Assuming that war economy measures are carried out in France - which would at least prove partially effective or approximately - approach, in efficacy, the measures carried out in Germany, a - further million workers, both men and women, could be assigned - to the French war and armament industries up to December 1943 - for work on German orders and assignments. In this case - additional German orders might be placed in France. - - “2. In consideration of these measures and given a careful study - of the subject together with the co-operation of our German - armament services and the German labor recruiting offices, it - should be possible to transfer a further 500,000 workers, both - men and women, from France to the Reich between now and the end - of the year. - - “The prerequisites for the realization of this program, drafted - by me are as follows: - - “1. Closest collaboration between all German offices especially - in dealing with the French services. - - “2. A constant check on French economy by joint commissions, as - already agreed upon by the Reich Minister of Armaments and War - Production Party Member Speer, and myself. - - “3. Constant, skillful, and successful propaganda against the - cliques of De Gaulle and Giraud. - - “4. The guarantee of adequate food supplies to the French - population working for Germany. - - “5. An emphatic insistence on this urgency before the French - Government, in particular before Marshal Pétain, who still - represents the main obstacle to the further recruiting of French - women for compulsory labor. - - “6. A pronounced increase in the program which I have already - introduced in France, for retraining workers to trades essential - to war production.” - -I skip the next and read the last paragraph: - - “I therefore beg you, my Führer, to approve my suggestion of - making available 1 million French men and women for German war - production in France proper in the second half of 1943 and, in - addition, of transferring 500,000 French men and women to the - Reich before the end of the current year. - - “Yours faithfully and obediently,”—Signed—“Fritz Sauckel.” - -The document to which I would now like to call the Tribunal’s attention -proves that the Führer gave his approval to Sauckel’s program. A note -drawn up on 28 July 1943 by Dr. Stothfang, under the letterhead of the -Plenipotentiary General for Allocation of Labor (Arbeitseinsatz), gives -a report on a discussion between Sauckel and the Führer. It is Document -556(41)-PS, which I submit to the Tribunal as Exhibit Number RF-66. I -shall limit myself to reading the last paragraph: - - “d) The transfer envisaged for the end of the year of 1 million - French workers to the war industries in France, and the intended - transportation of 500,000 other French workers to the interior - of the Reich has been approved by the Führer.” - -Finally a document establishes that the Defendant Sauckel, on the -strength of Hitler’s approval, attempted to realize his program by -working on the French authorities. This document is a letter from -Sauckel to Hitler. It is dated 13 August 1943, upon the defendant’s -return from a trip to France, Belgium, and Holland. It is Document -556(43)-PS. I shall read it to the Tribunal. It is Exhibit Number RF-67: - - “Weimar, 13 August 1943. - - “My Führer: - - “I beg to report my return from my official trip to France, - Belgium and Holland. In tough, difficult, and tedious - negotiations I have imposed upon the occupied Western - territories, for the last 5 months of 1943, the program set - forth below and have prepared very detailed measures for - realizing it: In France—with the military commander, the German - Embassy, and the French Government; in Belgium—with the - military commander; and in Holland with the offices of the Reich - Commissioner. - - “The program provides: - - “1. In France the transfer of 1 million French workers, both men - and women, from the civilian to the German war industries in - France. This measure will enable further considerable placing of - German orders in France. - - “2. Soliciting and recruiting of 500,000 French workers for work - in Germany. This figure should not be made known publicly. - - “3. In order to stalemate any passive resistance from large - groups of French officials, I have ordered, in agreement with - the military commander in France, the introduction of labor - recruiting commissions for each two French departments and - placed them under the supervision and direction of the German - Gau offices. Only in this manner can the complete recruitment of - the French labor potential and its intensive utilization be made - possible. The French Government has given its approval.” - -If the Tribunal will allow me, I shall quote the rest of this letter; -the following paragraphs concern Belgium and Holland. It will allow me -to refer to this document later without reading it again: - - “4. A program was secured in Belgium for the employment of - 150,000 workers in the Reich and, with the approval of the - military commander in Belgium, an organization for compulsory - labor corresponding to that in France was decided upon.” - -I skip and proceed to the fifth paragraph: - - “5. A program has likewise been prepared for Holland, providing - for the transfer of 150,000 workers to Germany and of 100,000 - workers, men and women, from Dutch civilian industries to German - war production.” - -Such was Sauckel’s program in 1943. His plan was partly thwarted by the -resistance of officials and patriotic workers. Proof of this is -furnished by an admission of the defendant. I am referring to the report -on a conference of the central office for the Four Year Plan held on 1 -March 1944. I submitted this document to the Tribunal yesterday as -Exhibit Number RF-30 (Document R-124). I shall read from the first page -of the French translation, second paragraph, German text, Page 1768: - - “Last autumn, as far as foreign manpower is concerned, the labor - recruiting program has been severely battered. I do not wish to - elaborate on the reasons here. They have been discussed at - length; all I have to say is: The program has been wrecked.” - -Sauckel, however, was not discouraged by the difficulties encountered in -1943. In 1944 he attempted to realize a new program by the trick of his -fourth action. - -The National Socialist authorities decided to secure, in 1944, the -transfer of 4 million foreign workers to Germany. This decision was made -on 4 January 1944 during a conference at the headquarters of the Führer -and in his presence. The report on this conference constitutes Document -1292-PS. I submit it herewith to the Tribunal as Exhibit Number RF-68, -and I read from Page 3 of the French translation, Page 6 of the German -original, last paragraph: - - “Final results of the conference: - - “1. The Plenipotentiary General for Allocation of Labor shall - procure at least 4 million new workers from the occupied - territories.” - -The details concerning the contingents demanded from each occupied -territory must have been determined on 16 February 1944, during a -conference of the central office for the Four Year Plan. I submitted the -report of this session at the outset of my explanations, under Exhibit -Number RF-20. I am quoting the conclusions today. They will be found in -Document Number F-675, first page of the translation, third page of the -German original. - - “Results of the 53rd session of the Central Planning Board. - Labor recruiting in 1944. - - “1. About 500,000 new workers might be mobilized from German - home reserves by extraordinary efforts. . . .” - -I skip the rest. - - “2. Recruiting of Italian labor to the number of 1,500,000; of - these—1 million at the rate of 250,000 per month from January - to April and 500,000 from May to December; - - “3. Recruiting of 1 million French workers at equal monthly - rates from 1 February to 31 December 1944 (approximately 91,000 - per month); - - “4. Recruiting of 250,000 workers from Belgium; - - “5. Recruiting of 250,000 workers from the Netherlands.” - -I abstain from quoting since the other paragraphs concern the Eastern -European countries. - -The Tribunal has seen that France was called upon to furnish a large -contingent of workers. After the 15th of January, Sauckel went to Paris -to dictate his demands to the French authorities. - -The fourth Sauckel action consisted of two distinct measures: The -adoption of the procedure known as the combing of industries, and the -publication of the law of 1 February 1944, which widened the sphere of -application of compulsory labor. The system of combing the industries -led the labor administration to carry out direct recruiting in the -industrial enterprises. Mixed Franco-German commissions were set up in -each country. They determined the percentage of workers to be deported. -They proceeded to requisition and transfer them. - -The practice of combing the industries represents the realization of the -projects elaborated by Defendant Sauckel as early as 1943. In the -documents which I have read to the Tribunal Sauckel announced, in fact, -his intention of creating mixed labor commissions. - -The law of 1 February 1944 marked the culminating point of Sauckel’s -actions in the field of legislation. It extends the scope of application -of the law of 4 September 1942. As from February 1944 all men between -the ages of 16 and 60 and all women between the ages of 18 and 45 were -subject to compulsory labor. I submit to the Tribunal the law of 1 -February 1944 under Exhibit Number RF-69 (Document RF-69) with the -request judicial notice be taken of it. - -The proof of the pressure that Sauckel exerted on the French authorities -in order to impose on them the publication of this law is furnished by a -report of the defendant to Hitler. This report is dated 25 January 1944. -It was, therefore, drafted during the negotiations which characterized -the fourth Sauckel action. It constitutes Document 556(55)-PS, which I -submit to the Tribunal under Exhibit Number RF-70. I shall read this -document: - - “My Führer: - - “On the 22d of January 1944 the French Government, together with - Marshal Pétain, accepted to a large degree my demands for - increasing the working week from 40 to 48 hours as well as for - extending the compulsory labor law in France and utilizing - French manpower in Germany. - - “The Marshal did not agree to the compulsory labor for French - women in the Reich; but he did agree to compulsory labor for - women inside France, limited to women between the ages of 26 and - 45. Women between 15 and 25 are to be employed only at their - place of residence. - - “Since this, nevertheless, represents appreciable progress in - comparison with the extremely difficult negotiations which I had - to conduct in Paris, I approved this law in order to save - further loss of time, on condition that the German demands were - energetically met and carried out. - - “The French Government has likewise accepted my demand that - French officials sabotaging the enforcement of the compulsory - labor law should be punished by severe penalties including the - death penalty. I have left no doubt that further and more rigid - measures will be adopted if the demands for the manpower - required are not fulfilled. - - “Your ever obedient and faithful, Fritz Sauckel.” - -I draw the attention of the Tribunal to the problem of compulsory labor -of women referred to in the two preceding documents. For a long time the -French authorities categorically opposed the introduction of female -labor. In return the Defendant Sauckel did not cease to exercise violent -pressure. - -On the 27th of June 1943, in a letter to Hitler, he suggested that an -energetic statement of German needs be made before the French -Government. I have already quoted this letter to the Tribunal, Exhibit -Number RF-65 (Document 556(39)-PS). I shall not revert to it, but I -emphasize the fact that the law of 1 February did not satisfy Sauckel -and did not in the least appease his demands at all. His dissatisfaction -and his determination to pursue his policy of compulsion become apparent -from a report of 26 April 1944, bearing his signature; that the report -has been forwarded is certified by Berk, one of his assistants. - -There actually were four reports submitted jointly under Document Number -1289-PS, Exhibit Number RF-71, and I quote from the second page: - - “1) France. The problem of women. - - “At the time of the promulgation of the French compulsory labor - law, the French authorities (Marshal Pétain in particular) have - urgently desired that women be exempted from performing - compulsory labor in Germany. In spite of serious objections the - G.B.A. approved of this exemption. The reservation was made, - however, that the approval was given on condition that the - contingents imposed were met; or else the G.B.A. would reserve - himself the right of taking further measures. Inasmuch as the - contingents are far from being met, the demand for extending the - compulsory labor service to women must also be addressed to the - French Government.” - -The fourth Sauckel action, therefore, was led in such a manner as to -utilize all of France’s manpower. The French resistance and the -development of the military operations hindered the execution of the -Sauckel plan. The defendant, in the meantime, had contemplated -extraordinary measures to be taken on the day the allied armies were to -land. I quote again Document 1289-PS, Exhibit Number RF-71; and I read -on Page 3: - - “Measures concerning compulsory labor in the case of invasion: - - “To some extent precautions already have been taken to evacuate - the population of those areas invaded and to protect valuable - manpower from being seized by our enemies. In view of the actual - situation of labor utilization in Germany, it is necessary to - induct efficient workers to the greatest extent possible into - efficacious employment within the Reich. Orders to this effect - on the part of the Wehrmacht are indispensable for carrying out - these measures. - - “The following text might be proposed for an order by the - Führer. . . .” - -I shall not read the text of the order proposed by Sauckel. - -The Allied victory, however, came so quickly that Sauckel did not have -the chance to realize fully his plan of mass deportation. All the same, -he started to carry it out, and deportations of workers went on up to -the day of liberation of the territory. Several hundred thousand French -workers were finally stationed in Germany as a result of the various -Sauckel actions. Will the Tribunal please bear this in mind. - -The compulsory labor service was introduced in Norway in the same manner -as in France. The defendants imposed upon the Norwegian authorities the -publication of a law instituting the compulsory registration of -Norwegian citizens, and prescribing their enrollment by force. I quote -in this respect the preliminary report on the crimes of Germany against -Norway, a report prepared by the Norwegian Government and submitted to -the Tribunal as Document Number UK-79. I now submit it as Exhibit Number -RF-72, and I quote from the first page, third paragraph: - - “The result of Sauckel’s order as to Norway was that on 3 - February 1943, a Quisling ‘law’ relating to compulsory - registration of Norwegian men and women for so-called ‘national - labor effort’ was promulgated. Terboven and Quisling openly - admitted that the law was promulgated in order that the - Norwegian people should use their manpower for the benefit of - the German war effort. In a speech on 2 February Terboven - stated, among other things, that he himself and the German Reich - stood behind this law; and he threatened to use force against - anyone who tried to prevent its execution.” - -In Belgium and in the Netherlands the German authorities used a direct -procedure. The compulsory labor service was organized by ordinances of -the occupying power. - -In Belgium these were ordinances of the military commander and in the -Netherlands ordinances of the Reich Commissioner. I remind the Tribunal -of the fact that the authority of the military commander in Belgium -extended to the north of France. - -An ordinance of 6 March 1942 established the principle of compulsory -labor in Belgium. It was published in the Belgian _Verordnungsblatt_ of -1942, Page 845. I submit it to the Tribunal as Document Number RF-73, -and I ask the Tribunal to take judicial notice of it. The ordinance of 6 -March excluded the possibility of forced deportation of workers to -Germany. However, such deportation was ordered by a decree of 6 October -1942, which was published in the Belgian _Verordnungsblatt_ of 1942, -Page 1060. I submitted it to the Tribunal as Document Number RF-57 in -the course of my explanations. - -These carryings-on in Belgium gave rise to interventions and protests by -leading Belgian personalities, among others the King of Belgium and -Cardinal Van Roay. - -The ordinances instituting compulsory labor in Belgium and the north of -France bore the signature of General Von Falkenhausen, but the latter -proclaimed his ordinance of 6 October on the order of Sauckel. I refer -once more to the testimony of General Von Falkenhausen, which I have -submitted to the Tribunal as Document Number RF-15. I ask your -permission to quote the following passages, first page, fifth paragraph: - - “Q: ‘On 6 October 1942 a decree was published which instituted - compulsory labor in Belgium and in the departments of northern - France for men between the ages of 18 and 50 years and for - single women from 21 to 25 years.’ - - “A: ‘I was Commander-in-Chief for northern France and Belgium.’ - - “Q: ‘Does the witness recall having promulgated this decree?’ - - “A: ‘I do not remember exactly the text of this decree because - it was issued following long arguments with the labor deputy - Sauckel.’ - - “Q: ‘Did you have any trouble with Sauckel?’ - - “A: ‘I was fundamentally opposed to the establishment of - compulsory labor, and consented to promulgating the decree only - after receiving orders.’ - - “Q: ‘Then this decree was not issued on the initiative of Von - Falkenhausen himself?’ - - “A: ‘On the contrary.’ - - “Q: ‘Who gave instruction in this matter?’ - - “A: ‘I suppose that at that time Sauckel was already responsible - for manpower and that at that time he gave me all instructions - on Hitler’s orders.’” - -I skip and take up the quotation again on Page 3 of the French -translation, fourth paragraph: - - “Q: ‘Since you were opposed to the idea of compulsory labor, - didn’t you protest when you received these instructions?’ - - “A: ‘There were unending quarrels between Sauckel and myself. In - the end this contributed greatly to my resignation.’” - -The violence of the pressure exerted by the Defendant Sauckel in Belgium -in order to impose his plan of recruitment by force is also demonstrated -by the document which I have just submitted to the Tribunal as Exhibit -Number RF-67 (Document Number 556(43)-PS). The Tribunal will remember -that it is the report addressed on 13 August 1943 by Sauckel to Hitler -on his return from France, Belgium, and Holland. - -Finally, I have to deal with the introduction of compulsory labor in the -Netherlands. I request the Tribunal to charge the Defendant -Seyss-Inquart as well as the Defendant Sauckel with the institution of -compulsory enrollment in the occupied Dutch territories. - -As a matter of fact, the deportation of the Dutch workers was organized -by ordinances of the Reich Commissioner. They established all the more -the responsibility of the defendant, who in his quality as Reich -Commissioner, derived his powers directly from the Führer. - -The Defendant Seyss-Inquart introduced the compulsory labor service in -the Netherlands by an ordinance of 28 February 1941, published in the -Dutch _Verordnungsblatt_ of 1941, Number 42. I have referred to this -ordinance as Document Number RF-58 in the course of my explanation and -asked the Tribunal to take judicial notice of it. - -As in Belgium the compulsory labor service could originally be enforced -in the interior of the occupied territories only; but just as in -Belgium, it was soon extended in order to permit the deportation of -workers to Germany. The extension was put into realization by an -ordinance of Seyss-Inquart of 23 March 1942, which appeared in Number 26 -of the _Verordnungsblatt_, 1942. I submit it to the Tribunal as Document -Number RF-74, and I ask the Tribunal to add it to the Record. - -The Defendant Seyss-Inquart has thus paved the way on which the -Defendant Sauckel was to be enabled to proceed to action. Sauckel -actually utilized all the human potential of the Netherlands. New -measures were soon necessary—measures which Seyss-Inquart adopted. - -An ordinance dated 6 May 1943, _Verordnungsblatt_, 1943, Page 173, -ordered the mobilization of all men from 18 to 35 years of age. I submit -this decree to the Tribunal as Document Number RF-75. - -Moreover, as soon as 19 February 1943 Seyss-Inquart had issued a -regulation which permitted his services to take all measures in the -utilization of labor which they considered to be opportune. - -This ordinance, which appeared in the _Verordnungsblatt_ of 1943, is -submitted to the Tribunal as Document Number RF-76. - -The extent of deportation from Holland in 1943 is attested to by a -letter of 16 June 1943 from Sauckel’s representative in the Netherlands. -This letter, which bears French Document Number F-664, is submitted to -the Tribunal as Exhibit Number RF-77. I quote: - - “In conformity with the census decree of 7 May 1943, the 1920 to - 1924 classes have been registered on filing cards. Although this - involved very much work it was nevertheless possible to send - 22,986 workers to the Reich, and in addition the prisoners of - war put at our disposal. During the month of June the deficiency - of the month of May will be made up. - - “These classes include, according to the Statistical Service of - the Kingdom of Holland, 80,000 each. It is from these classes - that transfers to the Reich have been made so far. Up to 1 June - 1943, 446,493 persons have been transferred to the Reich and a - number of them have returned from there. The figures as per - index are as follows: 1921 class, 43,331; 1922 class, 45,354; - 1923 class, 47,593; 1924 class, 45,232. - - “As up to 80 percent have been deferred, it is now imperative to - begin transporting entire classes to the Reich. The Reich - Commissioner has given his agreement to this action. The other - authorities involved—of economy, armament, agriculture, and the - Armed Forces—pressed by necessity, have given their approval.” - -At the end of the year 1944, the German authorities increased their -pressure on the Netherlands. During that period tens of thousands of -persons were arrested within 2 days in Rotterdam. Systematic raids took -place in all the larger cities of Holland, sometimes improvised, -sometimes after the population had been publicly summoned to appear in -designated places. I submit to the Tribunal various proclamations of -this kind. They form Document 1162-PS and have already been submitted to -the Tribunal by Mr. Dodd. I shall not read them again. I use them in -support of my argument and submit them as Exhibit Number RF-78. - -These documents do not reveal isolated facts; they show a systematic -policy which the defendants were to pursue up to 5 May 1945, when the -capitulation of Germany brought liberation to the Netherlands. - -I still owe the Tribunal a supplementary explanation. The defendants did -not stop at introducing compulsory labor service in the occupied -territories. I have said that they proceeded to criminal coercion in -order to ensure that the mobilization of foreign workers was carried -out. I am going to prove this fact. - -The measures taken by the National Socialist authorities to guarantee -the forced enlistment of foreign workers cannot be disassociated from -the procedures they applied to ensure the so-called voluntary -enlistment. The pressure was more violent, but it sprang from the same -spirit. The method was to deceive, and where this proved unsuccessful to -use coercion. The defendants very soon realized that no kind of -propaganda would lend the cloak of justice to compulsory labor in the -eyes of their victims. If they had any doubts in this respect, these -would have been dissipated by the reports of the occupation authorities. -The latter were unanimous in their reports of the political trouble -provoked by this compulsory enlistment and of the resistance encountered -by it. That is why the defendants once again used force in their attempt -to ensure that the civilian mobilization decreed by them was carried -out. - -First in line among the coercive measures to which the Germans took -recourse, I mention the withholding of the ration cards of the -recalcitrants. The Tribunal knows from the circular letter of Dr. -Mansfeld, submitted as Exhibit Number RF-26 (Document 1183-PS), that -this measure had been proposed ever since January 1942, and will recall -that by decree of the Führer of 8 September 1942, which I submitted as -Exhibit Number RF-55 (Document 556(2)-PS), this measure was put into -effect. This order provided that food and clothing ration cards were not -to be issued to persons incapable of proving that they were working, nor -to those who refused to do compulsory work. - -Hitler’s order was put into effect in all occupied territories. In -France circulars imposing decrees by the occupation authorities -prohibited the renewal of ration cards of those French people who had -eluded the census of 16 February 1943. In Belgium the forfeiture of -ration certificates was regulated by an order of the military commander. -It is the order of 5 March 1943, published in the _Verordnungsblatt_ for -Belgium, which I submit to the Tribunal as Document Number RF-79. - -General Von Falkenhausen, the signatory of this order, admitted its -grave significance during the interrogation, which I have submitted to -the Tribunal under Document Number RF-15 and to which I refer again. -General Von Falkenhausen declared that the Defendant Sauckel was the -originator of this order and that he had refused to grant an amnesty -proposed by his services. I quote, Page 4 of the French translation, -fifth paragraph: - - “Q: ‘Does the witness remember an order of 5 March 1943, by - which those refusing to enter the compulsory labor service had - their ration cards withdrawn?’ - - “A: ‘I do not remember. At the time when the order was issued - for men from 18 to 50 years old the implementing orders were not - given by myself but by my offices, and I am not conversant with - the details of the application of reprisals. I was not the - executive head of the administration. I was above it.’ - - “Q: ‘But at that time you were informed of the means of pressure - and manner of treatment which the authorities thought fit to - employ?’ - - “A: ‘I do not wish to deny my responsibility for all that - happened. After all, I was aware of many things. I remember in - particular the order regarding ration cards, because on various - occasions I proposed that an amnesty be declared for persons who - were obliged to live illegally and who did not have a ration - card.’ - - “Q: ‘To whom was this proposal made?’ - - “A: ‘To Sauckel, with the consent of President Revert.’ - - “Q: ‘What was the attitude taken by Sauckel at that time?’ - - “A: ‘He refused to grant such an amnesty.’” - -In Holland, likewise, the renewal of ration certificates which did not -bear the stamp of the labor office was prohibited. - -The defendants, however, used a method of coercion even more criminal -than the forfeiture of ration cards. I refer to the persecution directed -against the families of those who refused to do compulsory labor. I call -this method criminal, because it is based on the concept of family -responsibility which is contrary to the fundamental principles of the -penal law of civilized nations. It was, nevertheless, sanctioned by -several legislative texts issued or imposed by the National Socialists. - -In France, I quote the law of 11 June 1943, which I submit to the -Tribunal as Document Number RF-80 with the request that it take judicial -notice thereof. - -In Belgium, I refer to the order of the military commander of 30 April -1943, which appeared in the _Verordnungsblatt_ for Belgium of 6 May -1943, and particularly to Paragraphs 8 and 9. I submit this order to the -Tribunal as Document Number RF-81, with the request that it take -judicial notice thereof. - -Judicial action by the defendants was likewise directed against the -employers and against the officials of the employment bureaus. In France -the action was initiated by two laws of 1 February 1944. I emphasize -that these laws were issued on the same day as the compulsory labor law, -and I affirm that they were imposed at the same time. In support of my -statement, I submit the admission of the Defendant Sauckel, in his -letter of 25 January 1944, which I read a while ago to the Tribunal -under Exhibit Number RF-70 (Document 556(55)-PS). I submit to the -Tribunal the laws of 1 February 1944 as Document Number RF-82 with the -request that it be added to the Record. - -There were still other measures of coercion. One of these, for instance, -was the closing of the faculties and schools to defaulting students. It -was decreed in Belgium on 28 June 1943; in France, on 15 July 1943. In -Holland the students were victims of a systematic deportation in -February and March 1943. I quote in this connection a letter of 4 May -1943, which brings proof of the action carried out through Holland -towards a systematic deportation. This is Document F-665, which I submit -as Exhibit Number RF-83 of my book. - -THE PRESIDENT: Perhaps this is a good time to break off. - - [_A recess was taken._] - -M. HERZOG: Mr. President, Your Honors, at the suspension of the session -I was about to read to the Tribunal the letter of 4 May 1943, which -gives evidence of the action taken in Holland towards a systematic -deportation of the students. I quote: - - “Subject: Action against students. - - “The action will start on Thursday morning. As it is now too - late to have this published in the press today, an announcement - by the Higher SS and Police Leader will be made over the radio - beginning tomorrow at 7 o’clock; it will be published tomorrow - in the morning and the evening papers. Besides that, we will - follow the directives given in yesterday’s telegram.” - -Following is the text of the proclamation: - - “Ordinance on the registration of students.” - -I will skip the first paragraph and I quote: - - “1. All persons of the male sex who have attended a Dutch - university or academy during the years 1942-43 and have not yet - finished their studies according to the curriculum—referred to - below as ‘students’—are to report between 1000 and 1500 on 6 - May 1943 to the commander of the sector of the SS and the - Security Police competent for their respective residence for the - purpose of their induction into the compulsory labor service.” - -I now skip Paragraphs 2 and 3 and quote: - - “4. (1) Persons violating this ordinance or trying to circumvent - it, particularly such persons who do not comply with their duty - to register or either intentionally or through negligence state - any false data will be punished by imprisonment and/or unlimited - fine, unless other laws providing a more severe penalty are - applicable. . . . - - “(4) Those exercising paternal authority or guardianship over - the students are co-responsible for their reporting as - prescribed. They are subjected to the same penalties as the - offenders themselves. - - “5. This ordinance becomes effective on promulgation.” - - Signed—“The Higher SS and Police Leader with the Reich - Commissioner for the Occupied Dutch Territories.” - -Since no measures whatsoever succeeded in intimidating the workers in -the occupied territories, the defendants finally resorted to their -police forces to ensure the arrest of those workers destined for -deportation to Germany. This intervention by the police had been -demanded by the Defendant Sauckel. - -I submit two documents in evidence. The first consisted of the minutes -of a conference which took place on 4 January 1944 at the headquarters -of the Führer. I have just submitted this document to the Tribunal as -Exhibit Number RF-68 (Document 1292-PS). I quote, French translation, -Page 2, last paragraph; German original, middle of Page 4: - - “The Plenipotentiary General for Allocation of Labor (GBA) - Sauckel, declared that he would try with fanatical determination - to obtain this manpower. Up to now he had always kept his - promises regarding the number of workers to be provided; with - the best will in the world, however, he was not in a position to - make a definite promise for 1944. He would do anything possible - to provide the manpower required for 1944. The success would - depend mainly on the number of German police put at his - disposal. If he had to rely on the indigenous police his project - could not be carried out.” - -I refer now to the statements made by Sauckel at the conference of the -central office for the Four Year Plan on 1 March 1944. It is Exhibit -Number RF-30 (Document R-124), to which I repeatedly have called the -attention of the Tribunal. The passage which I am about to quote has not -yet been referred to before the Tribunal. Page 3 of the French -translation, German text, from Page 1775 on: - - “The term ‘S-factory’”—S-Betrieb—“in France is actually - nothing else but a protection against Sauckel’s grasp. That is - how the French look at it, and they certainly cannot be expected - to think differently. They are Frenchmen in the first place, who - are faced with a German point of view and German actions - different from theirs. It is not up to me to decide whether the - protected factories (Schutzbetriebe) are useful and necessary. I - have described the situation only from my point of view. - Nevertheless, I still hope to succeed eventually by using my old - organization of agents on the one hand and, on the other hand, - by those measures which I have fortunately been able to wrest - from the French Government. - - “In the course of negotiations lasting 5 to 6 hours I wrested - from M. Laval the concession that the death sentence may be - imposed on officials who sabotage the recruitment of labor and - other measures. Believe me, it was very difficult. I had to - fight hard to succeed, but I did succeed. And I am requesting, - especially of the Armed Forces that, in case the French - Government does not really put its mind to it, most drastic - action be taken now by the Germans in France. Please do not - resent my following remark: Several times, when in company of my - assistants, I have faced situations in France which caused me to - ask, ‘Is there no respect in France for the German lieutenant - and his 10 men?’ For months on end everything I said was - paralyzed by the reply, ‘What do you want, Mr. Gauleiter? Don’t - you know that we have no police forces at our disposal? We are - powerless in France.’ - - “This was the reply given over and over again. How, in the face - of these facts, am I to achieve labor recruitment in France? The - German authorities must co-operate; and if the French, despite - all their promises, do not remedy the situation, we Germans must - make an example of one case and, on the provisions of this law, - put some prefect or mayor against the wall if he does not - co-operate, else not a single Frenchman will go to Germany.” - -By such means the deportation of workers to Germany finally was -achieved, by arresting them, and by the threat of reprisals. It was a -logical consequence of the National Socialist system that the policy of -recruiting foreign workers was accomplished by police terror. - -I have told the Tribunal that the resistance offered by the prisoners of -war and by the workers of the occupied territories against the -activities of the defendants, which were in turn insidious and brutal, -wrecked the plan for the recruitment of foreign workers. The Defendant -Sauckel encountered the greatest difficulty in carrying out the programs -which he had persuaded Hitler and the Defendants Göring, Speer, and Funk -to accept. - -From this it does not follow that Nazi Germany did not succeed in -carrying out mass deportations of foreign workers. The number of native -workers from the occupied territories of Western Europe who were -deported into Germany is very high. More numerous still were those -workers compelled to work at home in factories and workyards under the -control of the occupation authorities. - -I shall give the Tribunal statistical information which will enable it -to verify my statements. These statistics are fragmentary. They are -excerpts from reports compiled by the governments of the occupied -countries after their liberation and from reports sent during the war by -the Arbeitseinsatz office to its superiors. - -The statistics of Allied origin are incomplete. The records on which -they are based have been partially destroyed. On the other hand, the -administrations of the occupied territories are in possession of -second-hand information only whenever the requisitions of workers were -made directly by the occupation authorities. As to the German -statistics, they are also incomplete since the Allied authorities have -not yet discovered all the records of the enemy. - -It is, however, possible to give to the Tribunal an exact evaluation of -the extent of the deportations effected by Germany. This evaluation will -furnish proof that the violations of international law committed by the -defendants did not remain in the tentative stage characterized by a -beginning only—though reprehensible as such; they brought about social -disorder such as, under penal law, constitutes the perpetration of the -crime. - -I shall first submit to the Tribunal the statistics furnished by the -official reports of the French Government. The French Government’s -report has been published by the Institute of Market Analysis. It -contains numerous statistical tables from which I quote the total -figures. The figures are as follows: 738,000 workers were pressed into -compulsory labor service in France; 875,952 French workers were deported -to German factories; 987,687 prisoners of war were utilized for the -Reich war economy. A total of 2,601,639 workers of French citizenship -thus were pressed into work serving the war effort of National Socialist -Germany. - -From the official report of the Belgian Government it appears that -150,000 persons were pressed into compulsory labor; and the report of -the Dutch Government gives a figure of 431,400 persons; but it should be -noted that this figure does not take into account the systematic raids -undertaken during November 1944, nor the deportations carried out in -1945. - -I am submitting to the Tribunal exact figures which cover all the stages -of the policy of recruiting foreign labor. These figures are taken from -the reports of the Defendant Sauckel himself or of various -administrative offices concerned with the deportation of labor. The -extent of labor utilized in the occupied territories is demonstrated by -the statistics concerning workers who were used in constructing -fortifications of the so-called Atlantic Wall as part of the -Organization Todt, which I recall was directed by the Defendant Speer -after the death of its founder. These statistics are to be found in a -teletype message sent to Hitler by the Defendant Sauckel on 17 May 1943. -It is Document 556(33)-PS, which I submit to the Tribunal as Exhibit -Number RF-84. I quote: - - “The Delegate for the Four Year Plan. The Plenipotentiary - General for Allocation of Labor, Berlin, to the Führer, - headquarters of the Führer. - - “My Führer! I beg to submit to you the following figures on the - manpower employed in the Todt Organization: - - “In addition to the manpower assigned to the entire German - industry by the Allocation of Labor since I took office, fresh - workers have also been constantly supplied to the Todt - Organization. The total figure of the workers employed by the - Todt Organization was as follows: End of March 1942, 270,969; - end of March 1943, 696,003. - - “It should be noted that the Allocation of Labor has with great - speed and energy assigned workers preferably to the Todt - Organization in the West for the purpose of completing the work - on the Atlantic Wall. This is all the more remarkable because in - France, Belgium, and Holland. . . .” - -I skip a few lines and quote from Page 2: - - “Despite the difficulties involved, the manpower strength of the - Todt Organization in the West was increased from 66,701 workers - at the end of March 1942 to 248,200 workers at the end of March - 1943.” - -The number of foreign workers deported to Germany by 30 September 1941 -is furnished by a report which was found in the archives of the OKW. It -is Document 1323-PS, which I submit as Exhibit Number RF-85. According -to this document, 1,228,686 foreign workers were employed in Germany on -30 September 1941. Of that number 483,842 came from the occupied Western -territories. I quote from this document the number of labor deportees by -country of origin. I shall confine myself to the columns of interest to -the Western states, since the statistics of workers deported from the -East of Europe come within the province of my Soviet colleagues: - - “Denmark, 63,309; Holland, 134,093; Belgium, 212,903; France, - 72,475; Italy, 238,557.” - -Finally, on 7 July 1944, Sauckel, in one of his last reports, informed -the National Socialist Government of the results of his campaign during -the first half of 1944. I quote the document, which bears the Number -208-PS and which I submit to the Tribunal as Exhibit Number RF-86. I -read from the second page: - - “C. The foreigners came from. . . . France except the north, - 33,000; Belgium, including the north of France, 16,000; - Netherlands, 15,000; Italy, 37,000.” - -This is the fresh manpower put at the disposal of German industry during -the period of 1 January to 30 June 1944. - -I have furnished the proof I owed to the Tribunal. The Tribunal will, -moreover, remember Sauckel’s admission at the 58th conference of the -Four Year Plan, which I have read to you previously. Sauckel admitted -that there were 5 million foreign workers in Germany, of whom 200,000 -were actually volunteers. - -The materiality of the crime exposed is at the same time established by -the circumstances of its perpetration and by the multitude of the -victims affected. To prove the gravity of its effect, I have but to -recall the treatment to which foreign workers were subjected in Germany. - -German propaganda always claimed that foreign workers deported to -Germany were treated on equal basis with German workers: the same living -conditions, the same labor contracts, and the same discipline. This -contention, as such, is not conclusive. My American colleagues have -furnished proof of the blows which the National Socialist conspirators -have dealt to the dignity and decency of the life of the German worker. -The reality is worse yet. Foreign workers did not enjoy the treatment in -Germany to which they were entitled as human beings. I affirm this and I -will prove it to the Tribunal. - -But before going into that I wish to call the Tribunal’s attention to -the significance of the new crime which I am denouncing. It does not -only make the crime of deportation complete but provides its true -meaning also. I said that the policy of the defendants in the occupied -territories could be summed up as follows: - -Utilization of the productive forces and extermination of the -unproductive forces. This is the principle representing one of the -favorite concepts of National Socialism, on the basis of which the -treatment inflicted on foreign workers by the defendants should be -judged. The Germans have exploited the human potential of the occupied -countries to the extreme limit of the strength of the individuals -concerned. They showed some consideration for foreign workers only -insofar as they wished to increase their output. But as soon as their -capacity for work decreased, the foreign workers shared the common lot -of deportees. - -I shall prove my argument by expounding to the Tribunal the working and -living conditions and rules of discipline which were imposed on foreign -workers deported to Germany. - -I request the Tribunal to charge the Defendant Sauckel with the facts I -am going to denounce. He was put in charge of the working conditions for -foreign workers, following an agreement to which he freely consented. -The text of this agreement, made with Ley, the Chief of the German Labor -Front, on 2 June 1943, was published in the _Reichsarbeitsblatt_, 1943, -Part I, Page 558. I submitted this to the Tribunal at the beginning of -my presentation as Exhibit Number RF-18. - -This agreement shows that the treatment of foreign workers was subject -to control by the inspection department of the Allocation of Labor -(Arbeitseinsatz). The Defendant Sauckel could therefore not ignore the -mistreatment to which foreigners were subjected. If not prescribed it -was tolerated by him. - -The working conditions of workers deported to Germany provided the first -evidence of the determination of the defendants to exploit the human -potential of the occupied territories to the extreme limit of its -strength. - -First I call the attention of the Tribunal to the working hours imposed -on foreign workers. The working hours were legally set at 54 hours per -week by Sauckel’s decree of 22 August 1942. Actually, most foreign -workers were subjected to still longer working hours. Rush work, which -necessitated overtime, was mostly assigned to foreigners. It was not -unusual for the latter to be forced to work 11 hours a day, that is, 66 -hours a week, provided they had one day off per week. - -For this purpose I quote the report of the Minister for Prisoners, -Deportees, and Refugees, Document UK-78(3), which I submit as Exhibit -Number RF-87. I quote Paragraph 2: - - “Working Hours: The average number of working hours was 11 and - sometimes 13 a day in certain factories, for example, - Maschinenfabrik, Berlin (31). In Berlin-Spandau, the Alkett - factory imposed 10¼ hours work on day shift and 12 hours on - night shift. At Königsberg the caterpillar-tread factory, Krupp, - imposed 12 hours a day.” - -The work of foreign workers was remunerated by wages identical with -those of the German workers. - -I call the attention of the Tribunal to the illusory character of this -equality. The policy of freezing wages was a permanent element of the -wage and price policy pursued by the National Socialist Government; -consequently, the wages of the workers employed in Germany remained -limited. They were, moreover, heavily burdened with impositions and -taxes. Finally and above all, they were encroached upon by fines which -the German employers had the right to impose upon their workers. These -fines could reach the amount of the weekly wage for slight breaches of -discipline. - -I submit in evidence Document D-182. These are two drafts of speeches to -foreign civilian workers. One of them is intended for Russian and Polish -workers. I leave this to be dealt with by my Soviet colleagues. I submit -the other to the Tribunal as Exhibit Number RF-88, and I quote: - - “Draft of an address to foreign civilian workers, ‘Maintenance - of Labor Discipline,’ January 1944. - - “I must inform you of the following: - - “The increasing lack of punctuality and absenteeism have caused - the competent authorities to issue stricter regulations to - ensure labor discipline whereby the competence of the employers - to impose penalties has been extended. Violations of labor - discipline, such as repeated tardiness, being absent without - cause or excuse, leaving a job without authorization, will in - the future be punished by fines up to the average daily wage. In - more serious cases, for example, for repeated absences without - cause or excuse, or insubordination, fines up to the average - weekly salary will be imposed. In such cases, moreover, the - additional ration cards may be taken away for a period up to 4 - weeks. . . .” - -The precariousness of wages which, after these various cuts, were -actually received by the foreign workers did not allow them to raise -their standard of living in the places to which they had been deported. -I maintain that this standard was insufficient and that the attitude of -the Arbeitseinsatz in this matter constitutes a characteristic violation -of the elementary principles of the rights of man. I will confirm this -by submitting to the Tribunal proof of the inadequacy of food, lodging, -and medical care to which the foreign workers were entitled. - -The German propaganda services issued, in France, illustrated pamphlets -in which the accommodations for foreign workers were represented as -being comfortable. It was quite different in reality. - -I will not dwell on this point. Mr. Dodd, my American colleague, has -already submitted and commented upon Document D-288, an affidavit by Dr. -Jäger, chief medical officer in charge of the work camps in the Krupp -factories. I will not reread this document to the Tribunal, but I would -like to repeat that in this document Dr. Jäger stated that French -workers—prisoners of war working in the Krupp factories—had been -billeted for more than half a year in kennels, urinals, unused ovens. -The kennels were 3 feet high, 9 feet long, and 6 feet wide, and the men -had to sleep there five in a kennel. I submit this document, which is to -support my argument, as Exhibit Number RF-89. - -To this unsanitary accommodation often inadequate food was added. In -this respect I wish to explain the following to the Tribunal: - -I do not claim that the foreign workers deported to Germany were -systematically exposed to starvation, but I do maintain that the leading -principle of National Socialism finds its expression in the food -regulations for foreign workers. They were decently fed only insofar as -the Allocation of Labor wished to maintain or to increase their capacity -for work. They were put on a starvation diet the moment when, for any -reason whatsoever, their industrial output diminished. They then entered -that category of unproductive forces, which National Socialism sought to -destroy. - -On 10 September 1942 the Defendant Sauckel declared to the First -Congress of the Labor Administration of Greater Germany: - - “Food and remuneration of foreign workers should be in - proportion to their output and their good will.” - -He developed this point of view in documents which I am offering in -evidence to the Tribunal. - -I refer, in the first place, to the letter from Sauckel to Rosenberg, -which is Document 016-PS and which I shall not read since it has already -been read to the Tribunal by my American colleagues. I wish, however, to -draw the Tribunal’s attention to the second paragraph, Page 20, of this -document, which concerns the food supply of prisoners of war and foreign -workers: - - “All these people must be fed, lodged, and treated in such a way - that they may be exploited to the maximum with a minimum of - expense.” - -I ask the Tribunal to remember this formula—the aim to exploit the -foreign labor to the maximum at a minimum of expense. It is the same -concept which I find in a letter of Sauckel of 14 March 1943 addressed -to all Gauleiter. It is Document 633-PS, which I submit to the Tribunal -as Exhibit Number RF-90: - - “Subject: Treatment and care of foreign labor. - - “Not only our honor and prestige and, still more than that, our - National Socialist ideology which is opposed to the methods of - plutocrats and Bolshevists, but also cool common sense in the - first place demand proper treatment of foreign labor, including - even Soviet-Russians. Slaves who are underfed, diseased, - resentful, despairing, and filled with hate, will never yield - that maximum of output which they might achieve under normal - conditions.” - -I skip now to the next to the last paragraph: - - “But since we will need foreign labor for many years and the - possibility of replacing them is very limited I cannot exploit - them on a short-term policy nor can I allow wasting of their - working capacity.” - -The criminal concept revealed by these documents is particularly -manifest in the establishment of the food sanctions which were inflicted -on the deported workers. I refer to Document D-182, which I have just -submitted as Exhibit Number RF-88, and I remind the Tribunal that it -provides the possibility of inflicting on recalcitrant workers the -penalty of a partial suppression of food rations. Moreover, the foreign -workers, who were all the more exposed to diseases and epidemics since -they were poorly lodged and fed, did not enjoy proper medical care. - -I submit in evidence a report made on 15 June 1944 by Dr. Février, head -of the health service of the French Delegation with the German Labor -Front. It is Document F-536. I submit it as Exhibit Number RF-91, and I -quote from the last paragraph at Page 15 of the French original, Page 13 -of the German translation: - - “At Auschwitz, in a very fine camp of 2,000 workers, we find - tubercular people who were recognized as such by the local - German doctor of the Arbeitsamt going about freely; but this - doctor neglects to repatriate them out of hostile indifference. - I am now taking steps to obtain their repatriation. - - “In Berlin, in a clean hospital, well lighted and ventilated, - where the chief doctor, a German, makes the rounds only once in - 3 weeks, and a female Russian doctor every morning distributes - uniformly the same calming drops to every patient, I have seen a - dozen consumptives, three of them released prisoners. All of - them except one have gone beyond the extreme limit at which - treatment might still have had some chance of proving - effective.” - -No statistics have been made of foreign workers who died during their -deportation. Professor Henri Dessaille, Medical Inspector General of the -Labor Ministry, estimates that 25,000 French workers died in Germany -during their deportation. But not all of them died of diseases. To slow -extermination was added swift extermination in concentration camps. - -The disciplinary regime over the foreign workers was, in fact, of a -severity contrary to the rights of man. I have already given some -example of penalties to which the deported workers were exposed. There -were still more. The workers who were deemed recalcitrant by their -supervisors were sent to special reprisal camps, the ‘Straflager’; some -disappeared in political concentration camps. - -I remind the Tribunal that I have already, indirectly, proved this fact. -In the course of my presentation I submitted under Exhibit Number RF-44, -the ordinance of Sauckel of 29 March 1943 which extends the term of the -labor contracts by the length of time which the workers spent in prison -or in internment camps. - -I will not dwell on this point. Mr. Dodd, my American colleague, has -submitted to the Tribunal the documents which prove the shipment of -labor deportees to concentration camps. For the rest, I take the liberty -of referring the Tribunal to the presentation which M. Dubost will -deliver to the Tribunal within a few days. - -I emphasize, however, the significance of this persecution of foreign -workers. It constitutes the completion of the crime of their deportation -and the proof of the coherence of the German policy of extermination. - -I have already reported to the Tribunal the events which marked the -civilian mobilization of foreign workers for the service of National -Socialist Germany. I have shown how the device of compulsory labor was -inserted into the general framework of the policy of German domination. -I have denounced the methods employed by the defendants to enforce the -recruitment of foreign labor. I have emphasized the importance of the -deportations undertaken by the Arbeitseinsatz, and I have recalled how -the deported workers were treated and ill-treated. - -The policy of compulsory labor includes all the infractions under the -jurisdiction of the Tribunal: Violation of international conventions, -violation of the rights of man, and crimes against common law. - -All the defendants bear functional responsibility for these infractions. -It was the Reich Cabinet which set up the principles of the policy of -enforced recruitment; the High Command of the German Armed Forces -carried them out in the workshops of the Wehrmacht, the Navy, and the -Air Force; the civilian administrations made use of it to support the -German war economy. - -I retain more particularly the guilt of certain of the defendants: -Göring, Plenipotentiary for the Four Year Plan, co-ordinated the -planning and the execution of the plans for the recruitment of foreign -workers. Keitel, Commander-in-Chief of the Armed Forces, -counter-signatory of Hitler’s decrees, integrated compulsory labor with -his manpower policy. Funk, Reich Minister of Economics, and Speer, -Minister for Armament and War Production, based their program of war -production on compulsory labor. Sauckel, finally, Plenipotentiary -General for Allocation of Labor, proved to be the resolute and fanatical -agent—to use his own words—of the policy of compulsory enrollment -which, in Holland, was promoted and carried out by Seyss-Inquart. - -The Tribunal will appreciate their respective responsibility. I request -the Tribunal to condemn the crime of mobilization of foreign workers. I -ask the Tribunal to restore the dignity of human labor which the -defendants have attempted to degrade. - -M. CHARLES GERTHOFFER (Assistant Prosecutor for the French Republic): -Mr. President, Your Honors, the French Prosecution is in charge of the -part of the Indictment concerning the deeds charged to the defendants -which were perpetrated in the countries of Western Europe, as provided -for by Article VI of the Charter of 8 August 1945. This text provides -for violations of the laws and customs of war which concern persons on -the one hand and private and public property on the other hand. - -The part of the Indictment concerning persons, that is, ill-treatment -inflicted on prisoners of war and on civilians, torture, murder, -deportation, as well as devastations not justified by military -exigencies, were presented to you and will be presented to you by my -colleagues. M. Delpech and I will have the honor to present to you the -pillage of private and public property. - -The Tribunal will have to be informed of the most arid part of the -presentation of the French prosecution. We shall strive to present it as -briefly as possible, to shorten the quotation of the numerous documents -submitted to the Tribunal, and to avoid, whenever possible, statistical -material in order to bring only the principal facts to light. -Nevertheless, sometimes we will go into detail in order that the -Tribunal may appreciate certain characteristic facts now charged to the -defendants, facts which are customarily designated as “economic -looting.” - -Before approaching this subject, I should like to ask the Tribunal’s -permission to express the gratitude of the Prosecutors of the Economic -Section of the French Delegation to their colleagues of the other Allied -delegations, and particularly to those of the American section of the -economic case who have been kind enough to put at our disposal a great -number of German documents discovered by the United States Army, and -important material means for their reproduction in a sufficient number -of copies. - -I shall have the honor of presenting in succession to the Tribunal: 1) -General remarks on the economic looting of the occupied countries of -Western Europe, 2) the special case of Denmark, 3) that of Norway, 4) -that of Holland. My colleague, M. Delpech, will present 5), the part -covering Belgium and the Grand Duchy of Luxembourg. I shall have the -honor of presenting to you 6), the part relating to France, and also the -conclusion. Finally, a special statement, 7), will be devoted to the -works of art. - -In the course of the presentation, we shall submit a certain number of -documents. We shall quote only the passages which seem to us the most -important, when the same document relates to several different -questions; we shall quote those excerpts concerning each question when -it is presented, indicating each time the reference in the document -book, since it is impossible to make known to you all the excerpts at -the same time because of the complexity of facts. - -In his speeches and in his writings, Hitler never concealed the economic -aims of the aggression of which Germany was to become guilty. The -theories of race and living space increased the envy of the Germans at -the same time as they stimulated their bellicose instincts. - -After having conquered Austria and Czechoslovakia without bloodshed, -they turned against Poland and prepared to attack the countries of -Western Europe, where they hoped to find what was lacking to assure -their domination. - -This fact is revealed in particular by Document EC-606, discovered by -the United States Army, which I submit to the Tribunal as Exhibit Number -RF-92. This is the minutes of a conference held by the Defendant Göring -on 30 January 1940, with Lieutenant Colonel Conrath and Director Lange -of the machine-constructing group attending. The following is the -principal passage of the minutes: - - “Field Marshal Göring told me at the beginning that he had to - inform me of the intentions of the Führer and of the economic - measures resulting therefrom. - - “He stated: The Führer is firmly convinced that he shall succeed - in bringing about a decisive conclusion of the war in 1940 by - making a great attack in the West. He assumes that Belgium, - Holland, and northern France will fall into our possession; he, - the Führer, forms his opinion on the calculation that the - industrial areas of Douai and Lens, of Luxembourg, of Longwy and - Briey might, as far as raw materials are concerned, replace the - deliveries from Sweden. - - “Therefore, the Führer has decided, in disregard for the future, - to stake fully our reserves of raw materials, at the expense of - possible later years of war. The soundness of this resolution is - supported with the Führer by the view that the best stocks are - not stocks of raw materials but stocks of finished war - materials. Moreover, when the aerial war begins, it must be - taken into account that our finishing factories may be - destroyed. The Führer is furthermore of the opinion that the - maximum output must be achieved in 1940 and consequently that - long-range production programs should be put aside in order to - accelerate those which can be terminated in 1940.” - -When the invasion began the countries of Western Europe were glutted -with products of every kind; but after 4 years of methodical looting and -enslavement of production, these countries are ruined, and their entire -population is physically weakened as the result of rigorous -restrictions. - -To achieve such results, the Germans used every method, particularly -violence, trickery, and blackmail. - -The purpose of the present statement will be to specify the main -spoliations ordered by the German leaders in the countries of Western -Europe and to show that they constitute, as far as they are concerned, -War Crimes which come under the jurisdiction of the International -Military Tribunal for major war criminals. - -It is not possible to draw an exact balance sheet of the German looting -and of the profit derived by them as the result of the enslavement of -production in the occupied countries. On one hand, we do not have enough -time; on the other hand, we find ourselves faced with actual impotence -resulting from the secret nature of certain operations and the -destruction of archives through acts of war or deliberate destruction at -the time of the German rout. - -Nevertheless, the documents now collected and the information gathered -make it possible to give a minimum estimate of the extent of spoliation. -However, I shall ask the Tribunal’s permission to make three preliminary -remarks: - -1) The numerous acts of individual looting committed by the Germans will -not be referred to by this presentation since they come under the -competence of a different jurisdiction. - -2) We shall only mention for the Record the incalculable, economic -results of German atrocities, for instance, the financial loss -experienced by the immediate relatives of breadwinners murdered, or the -loss suffered by certain victims of ill-treatment, who are totally or -partially, temporarily or permanently, incapacitated for work, or the -damage resulting from the destruction of localities or buildings for the -purpose of vengeance or intimidation. - -3) Finally, gentlemen, we shall not discuss the damage resulting from -purely military operations, which cannot be considered as economic -results of War Crimes. When damage caused by military operations is -referred to, some separate valuation will be necessary. - -With the permission of the Tribunal, I shall make a few general remarks -on the economic looting of Western European occupied territories. -Economic looting is to be understood as the removal of wealth of every -kind, as well as the enslavement of the production of the various -occupied countries. - -To reach such results in countries which were generally highly -industrialized and where numerous stocks of manufactured goods and -abundant reserves of agricultural products existed, the German venture -was faced with real difficulties. - -At first, although the Germans had used this procedure to its maximum -extent, requisitions were not adequate. In fact, they had to find the -opportunities for ferreting out all sorts of things, which were -sometimes hidden by the inhabitants, and on the other hand, they had to -maintain for their own profit the economic activity of these countries. - -The simplest way of becoming masters of the distribution of existing -products and of production was to take possession of almost all means of -payment and, if necessary, to impose by force their distribution in -exchange for products or services, at the same time combating the rise -of prices. - -Faced with starvation the populations were thus naturally forced to work -directly or indirectly for the benefit of Germany. - -The first part of this presentation will be divided into five chapters: -1) Seizure of currency by the Germans; 2) sequestering of the production -of the occupied territories; 3) individual purchases, which should not -be confused with individual acts of looting; 4) the black market, -organized by and for the profit of Germany; 5) examination of the -question of economic looting from the viewpoint of international law and -in particular of the Hague Convention. - -First chapter—seizure of currency by the Germans: - -To have at their disposal all means of payment, the Germans used almost -the same methods in the various occupied countries. First, they took two -principal measures. One was the issue of paper money, by ordinance of 9 -May 1940, published on Page 69 of the _Verordnungsblatt für die -besetzten französischen Gebiete_, official German gazette, which will -subsequently be referred to by its official abbreviation VOBIF, which I -submit to the Tribunal as Document Number RF-93. This ordinance -concerned Denmark and Norway; and on 19 May 1940 was rendered applicable -to the occupied territories of Belgium, Holland, Luxembourg, and France. -The Germans proceeded to issue bank notes of the Reichskreditkasse which -were legal tender only in the respective occupied countries. - -The Germans then took a second measure: The blocking of existing -currency within the occupied countries as a result of the ordinance of -10 May 1940, published in VOBIF, Page 58, which I submit as Document -Number RF-94. In regard to Holland these ordinances are those of 24 -June, 14 August, 16 August, and 18 September 1940, which are submitted -as Document Numbers RF-95, 96, 97, and 98. In regard to Belgium these -ordinances are those of 17 June and 22 July 1940, submitted as Document -Numbers RF-99 and 100. - -These measures, notably the issuing of paper money, left exclusively to -the whim of the Germans without any possible control on the part of the -financial administrations of the occupied countries, were to serve, as -we shall see, as powerful means of pressure to impose the payment of -enormous war tributes under the pretext of maintaining occupation troops -as well as alleged payment agreements known as “clearing,” which -functioned almost exclusively to the benefit of the occupying power. - -The Germans thus procured for themselves, under false pretenses, means -of payment from which they profited by realizing considerable sums for -their sole benefit. - -All agricultural and industrial products, raw materials, goods of every -kind, or services, for which Germany apparently made regular payment by -means of either notes of the Reichskreditkasse or by so-called clearing -agreements or by war tributes known as indemnities for the maintenance -of occupation troops, were exacted with full knowledge that no -redemption would be forthcoming. Thus, we can be sure that, as a rule, -such regulations were purely fictitious and were the most regularly used -fraudulent procedure to effect the economic looting of the occupied -countries of Western Europe. - -These questions will be examined in a more exact manner later on. I -shall limit myself for the moment to pointing out to the Tribunal that -to effect the economic looting of the occupied countries with their own -money, it was necessary that this money should preserve an appreciable -purchasing power. Therefore, the efforts of the Germans were directed -toward stabilization of prices. A severe regulation prohibiting rises in -prices was subsequently promulgated by several decrees—VOBIF, Pages 8, -60, and 535, submitted as Document Number RF-101. Nevertheless, the -application of such measures could not prevent economic laws from -playing their part. The payment of excessive tributes, considering the -resources of the invaded countries, could not but have as their primary -result a continuous rise of prices. The leaders of the Reich were -perfectly aware of the situation and watched very attentively the rise -in prices, which they were attempting to moderate. - -This we know principally from the secret reports of Hemmen, President of -the Armistice Commission for German Economic Questions, which we will -discuss when we examine the particular case of France. - -Chapter 2—Sequestering of the production of the occupied countries: - -When the Germans invaded the countries of Western Europe great disorder -was created as the result. The population fled before the advance of the -enemy. Industries were at a stand-still. German troops guarded the -factories and prevented anyone from entering. - -I am not able to give you a list of the enterprises affected by this -situation, since there was almost no exception. - -Nevertheless, as an example, we will present to the Tribunal the -original of one of the numerous posters exhibited in industrial plants -in France. I submit this poster as Document Number RF-102. It is dated -Paris, 28 June 1940. One text is in German, and the other is in French. -Here is the French text: - - “By order of General Field Marshal Göring of 28 June 1940, the - Generalluftzeugmeister took possession of this factory as - trustee. Only persons having special permits from the - Generalluftzeugmeister, Verbindungsstelle, Paris, may enter.” - -Hardly had the factories been occupied by the military when German -technicians, at the heel of the troops, proceeded methodically to remove -the best machines. - -It is revealed by a secret report of Colonel Hedler, dated December 1940 -and emanating from the Economic Section of the OKW, Pages 77 and 78, -that the removal of the best machines from the occupied territories was -to be organized, in spite of the terms of Article 53 of the Hague -Convention. - -This document is submitted as Exhibit Number RF-103 (Document EC-84). - -On the other hand, immediately after the invasion, the working -population, their resources being exhausted, naturally gravitated around -these factories in the hope of securing their means of subsistence. -Problems of an identical nature arose in all the occupied countries: to -stop the looting of machinery, which was taking place at an alarming -rate; and to keep the workers employed. - -The Germans for their part forced the factories to resume work under the -pretext of assuring subsistence to the population. The ordinance of 20 -May 1940, published in the VOBIF, Page 31, which we submit as Document -Number RF-104, applicable to the Netherlands, Belgium, Luxembourg, and -France, orders that work should be resumed in all enterprises and -industries of food supply and agriculture. The same text provided for -the appointment of temporary administrators in case of absence of the -directors or in other cases of emergency. - -THE PRESIDENT: Are there any objections to breaking off? - - [_The Tribunal adjourned until 21 January 1946 at 1000 hours._] - - - - - THIRTY-NINTH DAY - Monday, 21 January 1946 - - - _Morning Session_ - -M. GERTHOFFER: Mr. President, Your Honors, at the end of the last -session I had the honor of beginning the account of the French -Prosecution on the economic pillage. In the first chapter I had -indicated to you succinctly how the Germans had become masters of the -means of payment in the occupied countries by imposing war tributes -under the pretext of maintaining their army of occupation and by -imposing so-called clearing agreements, functioning to their benefit -almost exclusively. - -In a second chapter, entitled “Sequestering of Production in the -Occupied Territories,” I had the honor of expounding to you that, after -the invasion, the factories were under military guard and that German -technicians proceeded to transfer the best machines to the Reich; that -the working population, having come to the end of their resources, -grouped themselves around the factories to ask for subsidies; and, -finally, that the Germans had ordered the resumption of work and had -reserved for themselves the right to designate provisional -administrators to direct the enterprises. - -At the same time, the Germans exercised pressure over the rulers of the -occupied countries and over the industrialists to bring the factories -back to productivity. In certain cases they themselves placed -provisional German administrators in charge and insinuated that the -factories would be utilized for the needs of the occupied populations. - -On the whole, to avoid unemployment and to maintain their means of -production, the industrialists, little by little, resumed their work, -endeavoring to specialize in the manufacture of objects destined for the -civilian populations. Resorting to various means of pressure, the -Germans imposed the manufacture of defensive armaments and then -progressively of offensive armaments. They requisitioned certain -enterprises, shut down those which they did not consider essential, -distributed the raw materials themselves, and placed controllers in the -factories. - -The German control and seizure continually expanded in conformity with -secret directives given by the Defendant Göring himself, as can be seen -in a document dated 2 August 1940, discovered by the Army of the United -States, which bears the Document Number EC-137, and which I place before -the Tribunal as Exhibit Number RF-105. This is the essential passage of -the document: - - “The extension of the German influence over foreign enterprises - is an objective of German political economy. It is not yet - possible to determine whether and to what extent the peace - treaty will effect the surrender of shares. It is now, however, - that every opportunity should be used for German economy, in - time of war, to obtain access to material of interest to the - economy in occupied territories and to prevent removals that - might hinder the realization of the above-mentioned aim. . . .” - -I stop this quotation here. After having had knowledge of such a -document, there can be no further doubt about the intentions of the -German rulers. The proof of the putting into execution of such a plan is -shown in a document which will be read when the particular case of -France will be dealt with in the course of this exposé. - -The Tribunal will be informed about a study of a certain Michel, Chief -of the Administrative General Staff on Economic Questions, deputy to the -German commanding officer in France, which brings out the extent of the -dictatorship of the Reich over the occupied countries in economic -matters. The control of the enterprises in occupied countries was -assured by civil or military officials who were on the spot and also, -later on, by similar German enterprises, which had become their -“Paten-Firma.” - -To give an example of this economic domination, here are the orders -received by an important French company. This involves the -Thomson-Houston Company, and I present a letter to the Tribunal under -Document Number RF-106 in the French documentation, which is addressed -to this establishment. It is dated Paris, 8 October 1943. - - “Société des Procédés Thomson-Houston, 173 Boulevard Haussmann, - Paris. - - “You are fully responsible for the punctual, careful, and - reasonable filling of the German orders which are passed to you, - both as regards the giver of the order and my office, which is - the competent agency for all orders given to France. - - “To facilitate for you the execution of your obligations, the - firm of the Allgemeine Elektricitäts Gesellschaft, Berlin (NW - 40), Friederich-Karl-Ufer 2-4, is designated by me as the - ‘Paten-Firma.’ I attach the greatest importance to close - collaboration on technical matters with the above-mentioned - firm. The Paten-Firma will have the following functions: - - “1) To co-operate in the establishment of your production plan - to utilize your capacities; - - “2) To be at your disposal for all technical advice which you - may need, and to exchange information with you; - - “3) To serve as an intermediary, if need be, for negotiations - with German authorities; - - “4) To keep me informed as to anything that might occur which - might prevent or limit the fulfillment of your obligations. - - “In view of assuring these tasks, the Paten-Firma is authorized - to delegate a Firmenbeauftragter to your firm, and when - necessary, technical engineers from other German firms who may - have handed you important orders. - - “In order to permit the Paten-Firma to accomplish its task it - will be necessary to give the firm or its Firmenbeauftragter the - necessary information on everything that relates to the German - orders and to their execution: - - “1) By placing at its disposal your correspondence with your - supply houses and with your subcontractors; - - “2) By informing it now of the extent to which the capacities of - your factories are being utilized and permitting it to check on - the production; - - “3) By letting it take part in your conferences and see your - correspondence with the German authorities. - - “It is your duty to inform the Paten-Firma or their - Firmenbeauftragter immediately about any orders which you may - receive.” - -This is the end of the quotation. - -Almost all the important enterprises in the occupied territories were -thus placed under the control of German firms, with the double aim of -favoring the Reich’s war effort and of achieving by progressive -absorption an economic preponderance in Europe, even in case of a peace -by compromise. - -In the agricultural sphere the Germans used similar means of pressure. -They made wholesale requisitions of products, leaving the population -with quantities clearly insufficient to assure their subsistence. - -I now take up the third chapter devoted to individual purchases by the -German military or civilian forces in the occupied countries. - -If the present statement cannot take up individual acts of pillage or -the numerous thefts committed in the occupied countries, it is important -nevertheless to mention the individual purchases, these having been -organized methodically by the German rulers to benefit their own -nationals. - -At the beginning of the occupation the soldiers or civilians effected -purchases by means of vouchers of doubtful authenticity which had been -handed them by their superiors. Soon, however, the Germans had at their -disposal a sufficient quantity of money to allow them to purchase -without any kind of rationing, or by means of special vouchers, -considerable quantities of agricultural produce or of objects of all -kinds, notably textiles, shoes, furs, leather goods, _et cetera_. Thus, -for instance, certain shoe stores were obliged to sell every week, in -exchange for special German vouchers, 300 pairs of men’s, women’s, or -children’s shoes for town wear. - -This is indicated in an important report of the French economic control, -to which I will have occasion to refer several times in the course of -this presentation and which I submit to the Tribunal under Document -Number RF-107. - -The individual purchases which constitute a form of economic pillage -were, I repeat, not only authorized but organized by the German rulers. -In fact, when the Germans returned to their country they were encumbered -by voluminous baggage. A postal parcel service had been created by the -Germans for the benefit of their nationals living in the occupied -countries. The objects were wrapped in a special kind of paper and -provided with seals that enabled their entry, duty free, into Germany. - -In order to get an idea of the volume of individual purchases, it is -important to refer to the declarations of one Murdel, ex-director of the -Reichskreditkasse at present detained in Paris, who was heard before an -examining magistrate of the Cour de Justice de la Seine on 29 October -1945. This is the declaration made by Murdel on the subject of -individual purchases, and I submit it in evidence as Document Number -RF-108. - -The judge asked Murdel the following question: - - “What were the needs of the army of occupation? What purchases - did you have to make on its account?” - -Murdel answered: - - “It is impossible for me to answer the first part of the - question. I had tried during the occupation to obtain - information on this point, but it was objected that this was a - military secret which I had no right to know. What I can tell - you is that we settled the pay of the troops and that a private - earned from 50 to 60 marks, a noncommissioned officer 50 percent - more, and an officer considerably more, naturally. I have no - idea what forces the occupation army may have included, as these - forces were extremely variable.” - -I skip a few lines to make this shorter. Murdel adds: - - “Apart from this, every soldier on leave returning from Germany - had the right to bring back with him a certain number of marks - (50). The same was the case for any German soldier who was - stationed for the first time in France. We exchanged the marks - into French francs. I value the total of the sum that we paid - out each month in this way at 5,000 million francs.” - -One may thus estimate at about 250,000 million francs, at least, the -individual expense incurred in France by the Germans, of which amount -the greater part was used for the purchase of products and objects sent -to Germany, to the detriment of the French population. - -To show the size of these costs, I would add that the amount of 5,000 -million francs a month, in other words 60,000 million francs a year, is -greater than the budget receipts of the French State in 1938, for these -were only 54,000 million francs. - -After having viewed the individual purchases, I shall enter upon a -fourth chapter devoted to the organization of the black market by the -Germans in the occupied territories. The population of the occupied -countries had been subjected to a severe rationing of products of all -kinds. They had been left only obviously insufficient quantities for -their own vital needs. - -These regulations made available a large quantity of the stock -production which the Germans seized by means of operations that were, to -all appearances, regular: requisitions, purchases by official services, -individual purchases, or those in exchange for vouchers of German -priority. We have just seen that these purchases represented for France, -alone, an average of 5,000 million francs per month. - -But such regulations produced, as a corollary, a depletion of -merchandise and the concealment of products with the aim of keeping them -from the Germans. This state of affairs gave birth, in the occupied -countries, to what was called the black market, that is to say, -clandestine purchases made in violation of regulations on rationing. - -The Germans themselves were not slow in proceeding, to an ever greater -extent, to purchase on the black market, mostly through agents and -sub-agents, recruited among the most doubtful elements of the -population, whose work was to find out where these products could be -found. - -These agents, compromised by violations of the legislation on rationing -which they had committed, enjoyed absolute immunity; but they were -constantly under the threat of denunciation on the part of their German -employers in case they should slow up or stop their activity. Often -these agents also fulfilled functions for the Gestapo and were paid by -commissions, which they obtained in black market transactions. - -The different German organizations in the occupied countries fell into -the habit of making clandestine purchases that became increasingly -important in volume. Indeed, they began to compete among themselves for -this merchandise, the chief result of which was to increase the prices, -thus threatening to bring about inflation. The Germans, while they -continued to profit by the clandestine purchases, were anxious that the -money which they used should maintain as high a value as possible. - -To obviate such a situation, the rulers of the Reich decided in June -1942 to organize purchases on the black market methodically. Thus the -Defendant Göring, the Delegate of the Four Year Plan, gave to Colonel -Veltjens, on 13 June 1942, the mission of centralizing the structure of -the black market in the occupied countries. This fact emerges from -several documents discovered by the Army of the United States, of which -I submit the first to you as Document Number RF-109. It is the -nomination of Colonel Veltjens, signed by the Defendant Göring himself. -I do not want to take up the time of the Tribunal in giving a complete -reading of these documents. I think that they cannot be contested, but -if this should occur later, I will reserve for myself the privilege of -reading them later, unless the Tribunal would prefer me to read them -immediately. - -THE PRESIDENT: I am afraid we must adhere to our ruling. The documents -which we cannot take judicial notice of must be read if they are to be -put in evidence. You need only read the portions of the document which -you require to put in evidence—not necessarily the formal parts, but -the substantial parts which you require for the purpose of your proof. - -M. GERTHOFFER: This is the letter of 13 June 1942, signed by the -Defendant Göring. - - “Owing to the simultaneous purchases of goods by the different - branches of the Wehrmacht and other organizations on the - so-called black market, a situation has developed in some - occupied territories which hampers the methodical exploitation - of these countries for the needs of German war economy, is also - harmful to German prestige, and endangers the discipline - necessary in the military and civilian administration. This - deplorable state of things can no longer be tolerated. I - therefore charge you to regularize these commercial transactions - in agreement with the services that are involved and, - particularly, with the chiefs of the administration of the - occupied territories. In principle, commercial transactions in - the occupied territories that are made outside the framework of - the normal provisioning, or constituting a violation of price - regulations, must be limited to special cases and can be carried - out only with your previously given assent. I approve your - proposal that only to trading companies controlled by the Reich - should be assigned the handling of these goods, in the first - place the ‘Roges.’ - - “I beg you to submit, at the earliest possible date, a detailed - plan of operation for starting your activity in Holland, - Belgium, France, and Serbia. (In Serbia it is Consul General - Neuhausen who is to be in charge.) This plan must include the - seizure of port installations and machinery and tools of - enterprises to be closed down in the occupied territories. As to - the results of your work, I beg you to submit a report to me - every month through my representative; the first to be sent on 1 - July 1942. - - “If necessary, the Central Planning Board will decide as to the - distribution of merchandise thus purchased.”—Signed—“Göring.” - -Thereupon, on 4 September 1942, the Defendant Göring had given orders -for the complete collection of all merchandise of use, even if signs of -inflation should result from this act, in the occupied territories. This -is shown by a report signed “Wiehl,” concerning the utilization of funds -derived from occupation costs. I submit this to the Tribunal as Exhibit -Number RF-110 (Document Number 1766-PS). - -Shortly after, on 4 October 1942, the Defendant Göring made a speech on -the occasion of the Harvest Festival, a speech that is reported in _Das -Archiv_ of October 1942, Number 103, Page 645. In this speech the -Defendant Göring stated implicitly that he meant purchases on the black -market in the occupied countries to continue for the benefit of the -German population. I submit a copy of this article as Document Number -RF-111 and I quote from it the following passage: - - “I have examined with very special care the situation in the - occupied countries. I have seen how the people lived in Holland, - in Belgium, in France, in Norway, in Poland, and wherever else - we set foot. I have noticed that although very often their - propaganda speaks officially of the difficulty of their food - situation, in point of fact this is far from being the case. Of - course everywhere, even in France, the system of ration cards - has been introduced; but what is obtained on these ration cards - is but a supplement, and people live normally on illegal - commerce. - - “The recognition of this has caused me to make a firm decision, - creating a principle which must be rigidly adhered to. The - German people must be considered before all others in the battle - against hunger and in the problem of food supply. It is my - desire that the population of the territories which have been - conquered by us and taken under our protection shall not suffer - from hunger. If, however, through enemy measures difficulties of - food supply should arise, then all must know that if there is to - be hunger anywhere it shall in no case be in Germany. . . .” - -The United States Army has discovered a secret report, made on 15 -January 1943, by Colonel Veltjens, in which he gives an account of his -activity over a period of 6 months to the Defendant Göring. This is -Document Number 1765-PS, which I submit now to the Tribunal as Exhibit -Number RF-112. It is not possible for me to give a complete reading of -this report. I shall simply read certain passages of it. - -In the first part of his report Veltjens explains the reasons for the -rise of the black market in these terms: - - “1) The reduction in merchandise as a result of the regulations - and rationing. . . . - - “2) The impossibility of stabilizing prices. . . . - - “3) The impossibility of price control on German lines owing to - lack of personnel in the German control organizations. - - “4) The neglect of practical support for counter-measures on the - part of the local administrative authorities, especially in - France. - - “5) The half-hearted penal justice of the local judiciary - authorities. - - “6) The lack of discipline of the civilian population. . . .” - -Then under the same number 6), a little further, Veltjens indicates: - - “The activity of the German services on the black market grew - little by little to such an extent that more and more unbearable - situations arose. It was known that the black market operators - offered their merchandise to several bureaus at the same time - and that it was the one which gave the highest price who - obtained the merchandise. Thus, the different German formations - not only vied with each other in obtaining the merchandise, but - also they caused the prices to rise.” - -Further on in his report, Veltjens indicates that he has assumed the -direction of the service created by the Delegate for the Four Year Plan -in these terms: - - “Finally, in June 1942, in agreement with all the central - services, the delegates for the special missions (B. f. S.) were - charged with taking in hand the seizure and the central control - of the black market. Thus, for the first time, a necessary - preliminary condition was created for effectively dealing with - the problem of the black market.” - -In the second part of his report, Veltjens explains the advantages of -the organization in charge of which he was placed and he writes, among -other things: - - “It has been stated that purchases on the black market in their - present volume would become in the long run too much for the - budget of the Reich. In answer to this it must be pointed out - that the greater part of the purchases were made in France and - were financed by occupation costs. Out of a total of purchases - amounting to 1,107,792,819 RM, the sum of 929,100,000 RM was - charged to the French for occupation costs so that the Reich - budget was not involved for that amount.” - -After having indicated the inconveniences of the black market, Veltjens -concludes: - - “In recapitulating”—writes Veltjens—“it must be stated that, - in view of the supply situation in the Reich, now as before we - cannot do without black market purchases as long as there are - still hidden stocks which are important for carrying on the war. - To this vital interest all other considerations must be - subordinated.” - -In a third part of this same report, Veltjens deals with the technical -organization of his offices. Here are some interesting passages: - - “The general direction and supervision of the purchases is the - task assigned to the control services which have been newly - created for this purpose, as follows: - - “a) Supervisory service in France, with headquarters in Paris; - - “b) supervisory service in Belgium and the North of France, with - headquarters in Brussels; - - “c) supervisory service in Belgium and in the North of France, - auxiliary service Lille, with headquarters in Lille; - - “d) supervisory service in Holland with headquarters in The - Hague; - - “e) supervisory service in Serbia with headquarters in - Belgrade.” - -Then Veltjens tells us that purchases themselves were carried out by a -restricted number of licensed purchasing organizations, that is, 11 for -France, 6 for Belgium, 6 for Holland, 3 for Serbia. - - “So”—he writes—“all the purchases are subject to the central - control of the delegate for the special missions.” - -Further on Veltjens adds: - - “The financing of the purchases and the transport of merchandise - are to be carried out by the Reich-owned Roges m. b. H. The - merchandise is then to be distributed to the purchasers in the - Reich by Roges in accordance with instructions from the Central - Planning Board, or departments appointed by the Central Planning - Board and in order of urgency.” - -In the fourth section of his report Veltjens gives the volume of the -operations carried out up to the date of 30 November 1942, that is to -say, in less than 5 months, as his organization had not begun its -activity before 1 July 1942. Here are the figures that Veltjens gives: - - “The volume of purchases made (up to 30 November 1942): - - “(a) Since the inauguration of the purchases directed by the - German commanders or the Reich Commissioner, and of the directed - distribution of merchandise in the Reich, there has been - purchased a total of 1,107,792,818.64 Reichsmark: In France a - total amount of 929,100,000 Reichsmark; in Belgium 103,881,929 - Reichsmark; in Holland 73,685,162.64 Reichsmark; and in Serbia - 1,125,727 Reichsmark.” - -Veltjens adds: - - “The payment in France is made from the account of the - occupation costs, and in the other countries by means of - clearing.” - -Then Veltjens gives a table of merchandise purchased in this way over -the period of these 5 months. I shall simply give a summary to the -Tribunal: - - “1) Metals, 66,202 tons valued at 273,078,287 Reichsmark; 2) - textiles, a total value of 439,040,000 Reichsmark; 3) leather, - skins, and hides to a total value of 120,754,000 Reichsmark. - -Veltjens adds: - - “Further purchases comprised: Industrial oils and fats, edible - oils and fats, wool, household articles, mess articles, wines - and spirits, engineering equipment, medical articles, sacks, _et - cetera_.” - -Veltjens then gives a table of the increase in prices during these 5 -months. Then he states the principle that the black market must be -utilized solely to the benefit of Germany and be severely repressed when -it is utilized by the populations of the occupied countries. On this -subject he actually writes: - - “1. Extension of price control. As an increase of the personnel - of the German controlling offices may not be possible, or may be - possible only to a limited extent, it will be necessary to - obtain from the local administration authorities greater - activity in this respect. - - “2. Application of severe penalties, on German lines, for - violations of regulations. This is the only means of remedying - the lack of discipline among the civilian populations, arising - from their individual and liberal ideas. A check of the - sentences that have been passed by the local tribunals is to be - recommended. - - “3. The promise of rewards for denouncing violations of the - rationing regulations, equivalent to a high percentage of the - value of the goods seized on account of the denunciation. - - “4. The hiring of informers and of agents provocateurs. - - “Further to hinder illegal production: - - “5. Closing of all enterprises that are not working for the war - industry. - - “6. Closing or merging of enterprises whose capacity or - production is being only partly exploited. - - “7. Closer control of the productivity of factories. - - “8. Close examination of the quantity of raw materials allotted - for the German orders placed in France. - - “9. A policy of prices which affords the enterprises adequate - profit and thus guarantees their means of existence.” - -Examining the demands of the rulers of the occupied countries with -relation to the German purchases on the black market, Veltjens writes: - - “Moreover, lately the French and Belgian economic and government - circles, among others the Chief of the French Government - himself, have considered it necessary to complain about the - organized German buying. In response to remonstrations of this - kind, it should be pointed out—in addition to various other - arguments—that on the part of the Germans, too, there is - naturally the greatest interest in the disappearance of the - black market. But the chief responsibility for its existence - rests with the government authorities themselves for their - incompetence regarding price control and their negligence in - meting out just punishment, whereby lack of discipline among - their own population is encouraged.” - -The Tribunal will allow me to stress the value of the argument developed -by Veltjens by reminding it that the Germans were the principal -purchasers on the black market, and that their agents enjoyed absolute -immunity. - -Finally, speaking of the machinery in the factories, Veltjens writes in -his report: - - “Another order of the delegate for the special missions concerns - seizure of the machinery of closed factories. It is an - established fact that great capacities, particularly of machine - tools, are not being utilized at present, while at home they are - urgently needed for armament production. After an agreement by - the delegate of special missions, the military commander, and - the plenipotentiary for machine production, there has been - created in France, at the armament inspection office, an office - for the distribution of machines (Maschinenausgleichstelle). - - “The creation of Maschinenausgleichstellen in Belgium and - Holland is pending. One of the main difficulties, in this field, - is to overcome the resistance of the owners of the factories, as - well as that of the local government offices of the occupied - territories. - - “The occupation authorities will have to use every means to - break this resistance.” - -In conclusion, Veltjens alludes in his report to the Roges company, -which was a special organization for the transport to Germany of the -booty captured in the occupied countries, and more particularly, of -products acquired by operations on the black market. One of the -directors of this organization, called Ranis, was interrogated on 1 -November 1945, and declared in substance that the Roges company had -begun its activity in February 1941, succeeding another organization. On -the whole he confirms the facts that are reported in Veltjens’ report. I -shall therefore simply submit a copy of his interrogation to the -Tribunal under Document Number RF-113. - -The scope of the operations on the black market is thus established by -German documents which cannot be contested by the opposite side. I beg -to point out to you that these documents prove that within 5 months, in -three countries, these operations amount to the sum of 1,107,792,818 -Reichsmark. We shall come back to certain details when examining the -special situation of certain countries. However, it is necessary for me -to indicate the reasons why the Defendant Göring finally came to decide -that the black market operations should be suspended. - -Indeed, on 15 March 1943, under the pretext of avoiding the risk of -inflation in the occupied countries, Göring decided that black market -purchases be suspended. We have just seen that the Defendant Göring -worried little about the fate of the population of the occupied -countries, since he had decided that the black market purchases were to -continue even at the risk of inflation. - -The true reason is the following: While the official German -organizations were buying at prices which were strictly fixed by them, -the clandestine organizations were accepting much higher prices. The -merchandise was therefore always gravitating to the black market, to the -detriment of the official market; and clandestine production in the end -absorbed the normal production. - -Finally it must be added that the corruption resulting from such -practices in certain circles of the German Armed Forces became -disquieting to the German leaders. The black market was therefore -suppressed officially on 15 March 1943, but some purchasing bureaus -continued their clandestine activities until the time of liberation but -on a much smaller scale than before 15 March 1943. - -I cite a passage of the report of the French Economic Control which I -have just put into evidence as Document Number RF-107 and which gives an -idea of the disorder that was created by the German actions and which -shows the reasons why the Reich authorities officially suspended the -black market purchases—Page 21 of the French text: - - “That was the time when champagne, cognac, and benedictine were - handled by lots of 10,000 to 50,000 bottles and _pâte de foie - gras_ by the ton! From the very beginning the general corruption - had affected a great number of the Wehrmacht officers, attracted - by the sumptuous life which surrounded them. It penetrated so - far into the German military circles that, from the lower mess - sergeant up to the superior officer, each one was implicated - with the worst traffickers, demanding commissions on all the - deals. In a clandestine sale of wool thread the authorities - found themselves face to face with a general of the Air Force.” - -Around them soon flocked all the bad elements of France, swindlers and -other habitual criminals. Then came a crowd of all the customary trade -traffickers, brokers, and out-of-work agents, generally unimportant -middlemen. - -It is understood that in such a circle, composed of unknown and elusive -people, the black market deals which were transacted without invoices -and in cash, and without written receipts, except those of the German -offices, cannot today be easily disclosed and evaluated. - -I resume the quotation at Page 22: - - “Originating in the course of the year 1941, the commercial - agitation of these Parisian purchasing bureaus continued in this - manner for about 20 months. But, after having attained its peak - at the end of 1942, this activity came to an abrupt end in March - 1943, a victim of its own excesses. - - “Actually, during the entire occupation production prices were - strictly limited by the French authorities and even more so by - the German economic services which were systematically opposed - to any increase in prices and anxious, above all, to maintain - large purchasing power for the French money at their disposal. - - “But, since the supplies delivered to the enemy under contract - were being paid for at prices hardly better than the legal ones, - the clandestine purchasing agencies accepted at the same time - rates several times higher for the same products. - - “So the conveying of merchandise to the German black market - increased more and more, while the secret production of goods to - be forwarded through these dark channels increased. The disorder - became rapidly such that, in certain branches of industry, - deliveries according to contract could not be carried out except - with great delay, in spite of the menacing protests of the - German authorities. - - “Completely aghast, the French Ministry of Industrial Production - had to inform the German authorities that the national - production would soon no longer be able to meet its obligations. - - “This obvious situation, together with the necessity of putting - an end to the incredible corruption brought about by the black - market in the Wehrmacht, led the Reich Government, if not - totally to suppress the black market, at least to consider - closing the Paris purchasing bureaus. - - “This measure was made effective 13 March 1943 according to an - agreement between Bichelonne and General Michel. - - “However”—and this is very significant—“the German economic - services did not fail to ask in compensation for a considerable - rise in the quotas fixed under the agreements. Thus for the - Kehrl plan alone this rise amounted to 6,000 tons of textiles. - - “Only a few bureaus were able to carry on their activities until - the liberation, either by endeavoring to execute their purchases - through Roges (D’Humières, Economic Union, _et cetera_), or - collaborating with military authorities buying supplies and with - the bureaus of the German Air force and the Navy.” - -THE PRESIDENT: We will adjourn for 10 minutes. - - [_A recess was taken._] - -M. GERTHOFFER: In the course of my explanations I shall come back to the -case of each particular country, concerning the black market operations, -in order to show their extent. But I think that, just now, it is -established by the Veltjens report, as well as by the passages from the -French Economic Control report which I had the honor to read to the -Tribunal, that the black market was organized by the leaders of the -Reich, and especially by the Defendant Göring. - -And to finish the general observations concerning economic plundering, I -beg the Tribunal’s permission to give a few explanations from the legal -point of view. That is the subject of Chapter 5 of this first part. - -From a legal point of view it is not contestable that organized -plundering of the countries invaded by Germany is prohibited by the -International Hague Convention, signed by Germany and deliberately -violated by her, even though her leaders never failed to invoke this -Convention every time they tried to benefit by it. - -Section III of the Hague Convention, entitled “The Military Authority -over the Territories of the Enemy State,” relates to economic questions. -These clauses are very clear and need not be discussed. If the Tribunal -will allow me to recall them in reading, here is Section III of the -Hague Convention which I put into the document book as Document Number -RF-114, and which is entitled, “The Military Authority over the -Territories of the Enemy State”: - - “Article 42: A territory is considered occupied when it is - placed actually under the authority of the hostile army. The - occupation extends only to the territories where this authority - has been established and can be exercised. - - “Article 43: The authority of the legitimate power having in - fact passed into the hands of the occupant, the latter. . .” - -THE PRESIDENT: I think we can take judicial notice of these articles of -the Convention. - -M. GERTHOFFER: I shall therefore not read this article, since the -Tribunal knows the Convention, and shall simply limit myself to certain -juridical remarks. - -These texts of the Hague Convention show in a very clear way that the -Germans could seize in occupied countries only what was necessary for -the maintenance of troops indispensable in the occupation of the -territories. All items which were levied beyond these limits were in -violation of the texts which you know, and consequently these acts were -acts of plundering. - -Counsel for the Defense may contend that all these prescriptions must be -put aside, because Germany had set herself the goal of continuing the -war against Britain, the U.S.S.R., and the United States of America. The -Defense may claim that, because of this, Germany was in a state of need -and had to counter the prescriptions of the Hague Convention, trying to -interpret the Article 23 G as allowing destruction or seizure even of -private property. - -I shall immediately answer that this text does not lay down rules -relating to the conduct of the occupant in enemy territory. These last -prescriptions are contained, I repeat, in Articles 42 to 56, but they -referred to the conduct, which the belligerents must observe in the -course of the combat. - -The words “to seize” in the sentence, “. . . to seize enemy property -except in cases where . . . these seizures are absolutely demanded by -military necessity,” mean—and there can be no discussion as to -translation because actually the French text is binding—the words “to -seize” mean not to appropriate a thing, but to put it under the -protection of the law with a view to leaving it unused, in the state in -which it was found, and keeping it for its true owner or for whoever can -show right to it. Such a seizure permits the military authority, as long -as the action lasts, to prevent the owner from using the property -against its troops, but it does not authorize the military authority in -any case to appropriate it for itself. - -Acts of economic plunder are all contrary to the principles of -international law and furthermore are formally provided for by Article -6b of the Charter of the International Military Tribunal of August 1945. - -These constant violations of the Hague Convention had the result of -enriching Germany and permitted her to continue the war against Britain, -the Soviet Union, and the United States, while they ruined the invaded -countries, the populations of which, subjected to a regime of slow -famine, are now physically weakened and, but for the victory of the -Allies, would be on the road to progressive extermination. - -These inhuman deeds therefore constitute War Crimes which come within -the competency of the International Military Tribunal as far as the -leaders of the Reich are concerned. - -Before finishing this rapid summary of juridical questions, the Tribunal -will permit me to refute in advance an argument which will certainly be -presented by the Defense, especially as far as economic plunder is -concerned. They will claim that your high jurisdiction did not exist, -that international penal law had not yet been formulated in any text -when the defendants perpetrated the acts with which they are at present -charged, and that therefore they could not be condemned to any sentence -whatsoever by virtue of the principle of non-retroactivity of penal -laws. - -Why, Gentlemen, is this principle adopted by modern legislation? It is -indisputable that any person who is conscious of never having violated -any legal prescription could not be condemned because of acts which were -committed in such circumstances. - -For example, somebody issues a check without funds to cover it, before -his country had adopted a penalty for such an offense. But the case -which is submitted to you is quite different. The defendants cannot -maintain that they were not conscious of having violated legislation of -any kind. First of all, they violated international conventions: The -Hague Convention of 1907, the Kellogg-Briand Pact of 27 August 1938, and -then they violated all the penal laws of the invaded countries. - -How, in these proceedings, shall economic plunder be qualified? Theft, -swindling, blackmail, and even, I will add, murder—since, in order to -attain their aims, the Germans have premeditated and committed numerous -murders which enabled them to intimidate the population in order to -plunder them better. - -From the point of view of domestic law, these deeds certainly fall under -the application of Articles 295 and the following ones of the French -penal code, and especially of Article 303, which stipulates as guilty of -murder all offenders, of whatever category, who, to execute their -crimes, resort to torture or perpetrate barbarous acts. I will add that -the defendants violated even the German criminal code, in particular -under Articles 249 and following. - -Counsel for the Defense will certainly stress that some leaders of the -invaded countries were in agreement with the Reich Government as to the -economic collaboration, and that consequently the Reich Government -cannot be charged with acts which derive from these agreements. - -Such arguments must be refuted: - -1.) If, in all the invaded countries, patriots resisted with more or -less courage, it is true that some of them, out of inertia, fear, or -self interest, turned traitors to their country. They have been or will -be condemned. But the crimes committed by certain of them cannot be -exonerating or even extenuating circumstances in favor of the -defendants, especially since the latter had very often put these -traitors in to manage the occupied countries. The fact of having brought -individuals to turn traitor to their country only aggravates, on the -contrary, the heavy charges against the defendants. - -2.) These so-called agreements had all been obtained by pressure or by -threat. The concluded contracts show that they were solely in favor of -Germany, who, as a matter of fact, never brought any compensation or -illusory benefits—very often their burdensome nature is seen from the -mere reading of such contracts, as I will have the honor to show in -certain particular cases. - -With these explanations my general observations on the economic pillage -are concluded, and if the Tribunal is willing we can examine the -particular case of Denmark. - -When the Germans invaded Denmark, contrary to all the prescriptions of -the law of nations and to their engagements, they were not certain of -rapidly dominating Western Europe. At first they laid down the principle -that they would not take anything in the country, but after their -success of May 1940 their attitude changed; and little by little they -treated Denmark more or less like the other occupied countries. - -Nevertheless, they sought to achieve annexation pure and simple, and -took rigorous measures against the population only in the course of -1942, when they saw that they would not be able to win Denmark over. -From the economic point of view, and to assure their domination, they -tried to have at their disposal the majority of the Danish means of -payment, and they used to this effect two methods which to a great -extent were used by them in other countries: (1) The levying of a -veritable tribute of war, under the pretext of maintaining their army of -occupation; (2) the functioning of the so-called clearing agreement to -their almost exclusive benefit. These two methods should be studied in -Chapter I of this statement. - -Chapter I, German seizure of the means of payment; costs of occupation. - -Article 49 of the Hague Convention stipulates that if the occupant -levies a tax the money will only be for the army of occupation or for -the administration of the territory. - -The occupant can therefore levy a tax for the maintenance of its army, -but this tax must not exceed the sum strictly necessary. The needs of -the army of occupation mean, not the costs of armament and equipment, -but only the costs of billeting, food, and pay. I say normal expenses, -which exclude luxuries. - -Article 52 authorizes the occupying power to exact from the communes or -inhabitants, for the needs of the army, requisitions in kind and -services, with the express condition that they should be proportionate -with the resources of the country and of such a nature that they should -not imply for the population the obligation to take part in operations -against their own country. - -The same Article 52 stipulates that levies in kind shall be paid as far -as possible in cash; otherwise they are to be confirmed by receipts and -the sums due paid as soon as possible. - -In other words, the Hague Convention allows the occupying army to -requisition in occupied territories what is necessary for the -maintenance of the troops but under two conditions, apart from -contributions in kind: 1) That the requisitions and the services should -be proportionate to the resources of the country, that is to say, that -sufficient should be left over for the inhabitants, to enable them at -least to live; 2) that the levies should be paid as soon as possible. -This is not a question of fictitious payment made with funds extorted -from occupied countries, but actual payment, which implies supplying -real equivalents. - -Article 53 of the Convention of The Hague which permits the occupying -powers to seize everything which could be turned against them—and in -particular, cash, funds, and securities of all kinds belonging to the -state of the occupied country—does not authorize the occupying power to -appropriate them. - -According to information furnished by the Danish Government, when the -Germans entered Denmark they declared that they would not demand -anything from the country, but that supplies for the German Army would -come from the Reich. - -Nevertheless, instead of buying Danish crowns to permit their troops to -spend money in Denmark, as early as 9 May 1940 they imposed the -circulation of notes of the Reichskreditkasse, which is shown in Number -26 of the VOBIF, which I have already submitted under Document Number -RF-93. - -Upon the protestations of the National Danish Bank against the issuing -of foreign paper money, the Germans withdrew these notes from -circulation, but demanded the opening of an account at the National -Bank, promising to draw upon it only for sums which were essential for -the maintenance of their army in Denmark. - -But the Germans did not lose time in violating their promises and in -levying on their account, in spite of the Danish protests, sums -infinitely superior to the needs of the army of occupation. - -According to the information given by the Danish Government, the Germans -levied, per month, an average of 43 million crowns in 1940; 37 million -crowns in 1941; 39 million crowns in 1942; 83 million crowns in 1943; -157 million crowns in 1944; 187 million crowns in 1945. The total of -these levies amounts, according to the Danish Government, to 4,830 -million crowns. - -I submit, as Document Number RF-115, the financial report of the Danish -Government concerning this, a report to which I shall refer again in the -course of this statement. - -The indications of the Danish Government are corroborated by a German -document discovered by the United States Army, Document EC-86, Page 11, -which I submit to the Tribunal as Exhibit Number RF-116. - -This is a secret report of 10 October 1944, written by the Arbeitsstab -Ausland, and concerns the requisition of funds of the occupied -territories. - -On Page 11 the following is said: - - “Denmark is not considered as occupied territory, and therefore - does not pay occupation expenses. The means necessary for the - German troops are placed at the disposal of the central - administration of the Reichskreditkasse by the Central Danish - Bank, through channels of ordinary credit. In any case, for the - duration of the war uniform payment by Denmark is assured.” - -The writer of this report says that the levies to 31 March 1944, for -occupation expenses, amount to: 1940-1941, 531 million crowns; -1941-1942, 437 million crowns; 1942-1943, 612 million crowns; 1943-1944, -1,391 million crowns; which represents, up to 31 March 1944, levies -amounting to 2,971 million crowns. This corresponds to the information -given by the Danish Government for approximately the same period—2,723 -million crowns. - -The same German report shows that the rate of exchange for the mark, as -compared to the rate of exchange for the crown, had been fixed by the -occupying powers at 47.7, then at 53.1 marks per 100 crowns. - -Even though the Germans claim, against all evidence, that Denmark was -not an occupied territory, they levied in this country the total sum of -4,830 million crowns, an enormous sum in view of the number of -inhabitants and the resources of the country. In reality, this was -nothing other than a war tribute which Germany imposed under the pretext -of furnishing means of payment to her army stationed in Denmark. - -The maintenance of the army necessary for occupying Denmark did not -necessitate such large expenses. It is evident that the Germans used, as -in other countries, the majority of the funds extorted from Denmark to -finance their war effort. - -Chapter II, clearing. - -In 1931 Germany faced financial difficulties, which she used as a -pretext to declare a general moratorium on all her foreign obligations. -Nevertheless, to be able to continue, to a certain extent, her -commercial operations with foreign countries, she concluded with most of -the other nations agreements permitting the payment of her commercial -debts, and even of certain financial debts, on the basis of a system of -compensation called “clearing”. - -Ever since the beginning of the occupation, 9 April 1940, and for its -duration, the Danish authorities did everything they could, but in vain, -to counteract German activity in this direction. - -Under the pressure of occupying forces Denmark could not prevent her -credit in the clearing balance from constantly increasing, owing to the -German purchases which were made without the guarantee of any -equivalent. According to the Danish Government, the credit balance of -the account progressed in the following way: 31 December 1940, -388,800,000 crowns; 31 December 1941, 784,400,000 crowns; 31 December -1942, 1,062,200,000 crowns; 31 December 1943, 1,915,800,000 crowns; 31 -December 1944, 2,694,600,000 crowns; 30 April 1945, 2,900 million -crowns. - -These data are corroborated by those of the German report which I -submitted a few minutes ago under Exhibit Number RF-116 (Document Number -EC-86), and according to which, on 31 March 1944, the Germans had -procured for themselves means of payment, through clearing, amounting to -a total sum of 2,243 million crowns. - -It has not been possible to establish the use the occupants made of the -sum of 7,730 million crowns which they obtained fraudulently, to the -detriment of Denmark, with the help of the indemnity of occupation and -of clearing. - -The information which we have up to now does not enable us to estimate -the extent of the operations carried out by the Germans on the black -market. Nevertheless, the writer of the report of 10 October 1944, -presented previously, indicates; and I quote: - - “An estimate of the amounts spent on the black market must not - be made. Of course, one may assume that members of the Wehrmacht - are buying at top prices butter and other products in Denmark. - But it is impossible to fix these sums even approximately, for - the black market seems to be less widespread and less well - co-ordinated than in the other occupied territories of the West, - and is closer to the structure of the German black market with - its fluctuating prices. Nevertheless, the prices of the Danish - black market can generally be considered as much lower than the - German prices. It is, therefore, not possible to speak of an - average high price, as for instance in France, Belgium, and - Holland.” - -It is worth noting that the Germans, and especially members of the -Wehrmacht, used to operate on the black market and that payment was -effected with funds extorted from Denmark. - -Concerning the apparently regular requisitions, we also lack the -necessary information to be able to give precise details. Nevertheless, -according to a secret report of 15 October 1944, addressed by the German -officer of the Economic Staff for Denmark to his superiors in Frankfurt -an der Oder, a document discovered by the United States Army and which I -submit as Document Number RF-117, the following goods were requistioned -by his department: - - “From January to July 1943, 30,000 tons of turf; in May 1944, - 6,000 meters of wood. . . .” - -The writer adds that they tried to push this production to 10,000 cubic -meters per month. - - “. . . in September 1944, 5,785 cubic meters of cut timber, - 1,110 meters of uncut timber, 1,050 square meters of plywood, - 119 tons of paint for ships, and special wood for the navy.” - -Gentlemen, this is but an enumeration of the requisitions which just one -German section happened to make within a short time. - -Denmark had to furnish large quantities of cement. Germany furnished -her, in exchange, with the coal necessary for this manufacture. - -According to this report which I have mentioned, in August 1944 the -Germans bought in Denmark foodstuffs for over 8,312,278 crowns. These -figures are less than the truth. According to the last information we -have received from the Danish Government, the requisitions of -agricultural items alone amounted, on an average, to 70 million crowns -per month; which represents, for 60 months of occupation, requisitions -to a value of 4,200 million crowns. - -Chapter III, requisitions not followed by payment. - -Apart from that which they managed to buy with the help of crowns which -were deposited in their accounts under the pretext of the maintenance of -the army of occupation and of clearing, the Germans appropriated an -important quantity of things without having paid for them in any -seemingly regular manner. - -It was in this way that they appropriated supplies from the Danish Army -and Navy—lorries, horses, means of transport, furniture, clothing, the -amount of which to date has not been evaluated but might be estimated at -about 850 million crowns. Many requisitions and secret or even apparent -purchases have not yet been estimated exactly. - -The same report, submitted under Document Number RF-115, contains, on -the part of the Danish Government, an approximate and provisional -estimate of the damages sustained by Denmark and of the German plunder, -which amounts to 11,600 million crowns. - -The information which we have to date does not permit me to give any -more particulars concerning Denmark. I will, therefore, if the Tribunal -will permit me, begin with the particular case of Norway. - -The economic plundering of Norway. - -The German troops had only arrived in Norway when Hitler declared, on 18 -April 1940, that the economic exploitation of that country should be -proceeded with, and for that reason Norway must be considered as an -enemy state. - -The information which we have on the economic plundering of Norway is -rather brief; but it is, nevertheless, sufficient to estimate the German -activity in this country during the entire period of the occupation. - -Norway was subjected to a regime of most severe rationing. As soon as -they entered the country, the Germans tried—and this was contrary to -the most elementary principles of International Law—to draw from Norway -the maximum resources possible. - -In a document discovered by the United States Army, Document Number -ECH-34, which I submit as Exhibit Number RF-118, a document which -consists of the _Journal de Marche_ of the economy and armament service -in Norway, written in April 1940, we have excerpts of the directives -relative to administration and economy in the occupied territories. - -Here are some excerpts from this document: - - “Directive of Armament Economy: - - “Norwegian industry, to the extent to which it does not directly - supply the population, is, in its essential branches, of - particular importance for the German war industry. That is why - its production must be put, as soon as possible, at the disposal - of the German armament industry, if this has not already been - done. This production consists mainly of intermediate products, - which require a certain amount of time to be turned into useful - products, and of raw materials which—such as aluminum, for - example—can be used while we wait for our own factories, which - are being built, to be in a position to produce. - - “In this connection, above all, the following industrial - branches must be taken into consideration: - - “Mining plants for the production of copper, zinc, nickel, - titanium, wolfram, molybdenum, silver, pyrites. - - “Furnaces for the production of alumina, aluminum, copper, - nickel, zinc. - - “Chemical industries for the production of explosives, synthetic - nitrogen, calcium nitrate, superphosphate, calcium carbide, and - sodium products. - - “Armament industries, naval dockyards, power stations, - especially those which are supplying electric current to the - above-named industries. - - “The production capacities of these industries must be - maintained at the highest possible level for the duration of the - occupation. - - “A certain measure of assistance by the Reich will, at times, be - necessary to overcome industrial bottlenecks which are to be - expected on account of the cutting off of English and overseas - imports. - - “Of particular importance is the guaranteeing of raw material - industries which to a considerable part depend on overseas - imports. - - “For the moment it may be left undecided whether a future supply - of bauxite from the German stocks is necessary for utilizing the - capacities of the aluminum plants.” - -As soon as the troops entered Norway, Germany issued notes of the -Reichskreditkasse which were legal tender only in Norway and which could -not be used in Germany. As in the other occupied countries, this was a -means of pressure to obtain financial advantages, which were supposedly -freely given by the brutally enslaved countries. - -The Germans did their best to become masters of the means of payment and -of Norwegian credit by the two methods which have become classic: -Imposition of a veritable war tribute, on the pretext of the maintenance -of the army of occupation, and also the working of a system of clearing -to their profit. - -German seizure of the means of payment. - -First, indemnities for the maintenance of the army of occupation. - -At the beginning of the occupation, the Germans used for their purchases -notes of the Reichskreditkasse. The Norwegian holders of this paper -money used to change it at the Bank of Norway, but this financial -institution could not obtain from the Reichskreditkasse any real -equivalent. In July 1940 the Bank of Norway had to absorb 135 million -Reichsmark from the Reichskreditkasse. To avoid losing control over -monetary circulation, the Bank of Norway was obliged to put the -Norwegian notes at the disposal of the Germans, who drew checks on the -Reichskreditkasse which the Bank of Norway was obliged to discount. - -The debit account of the Bank of Norway, following the German levies, -amounted to: - -1,450 million crowns at the end of 1940; 3,000 million crowns at the end -of 1941; 6,300 million crowns at the end of 1942; 8,700 million crowns -at the end of 1943; 11,676 million crowns at the liberation of the -country. - -All the Norwegian protests were in vain in the face of German -extortions. The constant threat of the new issuing of notes of the -Reichskreditkasse as instruments of obligatory payment beside the -Norwegian currency obliged the local financial authorities to accept the -system of levies on account, without actual cover, which was less -dangerous than the issuing of paper money over the circulation of which -the Norwegian administration had no power of control. - -This may be seen in particular from a secret letter sent on 17 June 1941 -by General Von Falkenhorst, Commander-in-Chief in Norway, to the Reich -Commissioner, Reichsleiter Terbeven, a copy of which was found not long -ago in Norway and which I submit to the Tribunal as Document Number -RF-119. In this document, after having stated that one could not reduce -the expenses of the Wehrmacht in Norway, Von Falkenhorst writes: - - “I am, however, of the opinion that the problem cannot be solved - at all in this manner. The only remedy is to abandon completely - the actual monetary system by introducing Reich currency. But of - course this does not come into my domain. I regret, therefore, - that I am not able to propose any other remedies to you, - although I am fully conscious of the seriousness of the - situation in which you find yourself.” - -To the indemnities for the alleged maintenance of the army of occupation -must be added a sum of 3,600 million crowns paid by the Norwegian -Treasury for the billeting of German troops. This information comes to -us from a report from the Norwegian Government, which I submit as -Document Number RF-120. - -From the sum of approximately 12,000 million crowns levied for the -alleged maintenance of the occupation troops, a large part was used for -other purposes; for the police and propaganda, in particular, the -occupation spent 900 million crowns. This comes from a second report of -the Norwegian Government, which I submit as Document Number RF-121. - -Secondly, clearing. - -The clearing agreement of 1937 for the barter of goods between Norway -and Germany remained in force during the occupation but it was the Bank -of Norway which had to advance the necessary funds for the Norwegian -exporters. The Germans also concluded clearing agreements in the name of -Norway with other occupied countries, neutral countries, and with Italy. - -At the liberation, the credit balance of Norwegian clearing amounted to -90 million crowns but this balance does not show the actual situation. -In fact: - -1) The imports destined to the German military needs in Norway were -handled through clearing in a very improper manner; - -2) For certain goods especially (pelts, furs, and fish) the Germans had -demanded that exportation should be made to the Reich. Then they sold -these products again in other countries, especially Italy as far as fish -was concerned; - -3) The Germans, who controlled the fixing of prices, systematically -raised the price of all products imported into Norway which, moreover, -were used for the greater part for the military needs of the occupation. -On the other hand, they systematically lowered the prices of the -products exported from Norway. - -In spite of all their efforts and sacrifices, and owing to the -fraudulent operations of the occupiers, the Norwegian authorities could -not prevent a very dangerous inflation. - -From the report of the Norwegian Government, which I submitted under -Document Number RF-120 a few moments ago, it is seen that the paper -currency which in April 1940 amounted to 712 million crowns, rose -progressively to reach, on 7 May 1945, 3,039 million crowns. An -inflation of this extent, resulting from the activities of the -occupiers, enables us to measure the impoverishment of the country. The -same report indicates that the Germans did not manage to seize the gold -of the Norwegian Bank, as that had been hidden in good time. - -Let us now, Gentlemen, examine the levies in kind. - -The Germans proceeded, in Norway, to make numerous requisitions which -were or were not followed by so-called regular payments. According to -the report of the Norwegian Government, here is the list of -requisitioned goods: Meat, 30,000 tons; dairy products and eggs, 61,000 -tons; fish, 26,000 tons; fruit and vegetables, 68,000 tons; potatoes, -500,000 tons; beverages and vinegar, 112,000 tons; fats, 10,000 tons; -wheat and flour, 3,000 tons; other foodstuffs, 5,000 tons; hay and -straw, 300,000 tons; other fodder, 13,000 tons; soap, 8,000 tons. - -But this list which I have just read to the Tribunal includes only the -official purchases, which were made with Norwegian currency and paid for -through clearing; it does not include the illicit purchases. - -At present, it is not yet possible to make estimates. As an example, we -can say, however, that the export of fish, most of which went to -Germany, for 1 year only (1942) came to about 202,400 tons, whereas the -official requisitions during the whole occupation amounted only to -26,000 tons. - -As in other occupied territories, the Germans forced the continuation of -work under threat of arrest. - -Most of the Norwegian merchant fleet escaped from the Germans; -nevertheless, they requisitioned all the ships they could, especially -most of the fishing boats. - -Even if the occupier could not seize all railway rolling stock, trams, -as well as about 30,000 motor vehicles, were transported to Germany. - -If we refer to the report of 10 October 1944 of the German Economic -Service, which I submitted under Exhibit RF-116 (Document Number EC-86), -we will see that the writer of the report himself estimates that the -effort demanded from Norway was beyond her possibilities; and he writes: - - “. . . Norwegian economy is especially heavily burdened by the - demands of the occupation Forces. For this reason the cost of - occupation had to be limited to cover only a part of the - expenses of the Wehrmacht. . . .” - -After having mentioned that the cost of occupation which had been -collected up to January 1943 amounted to 7,535 million crowns, which -corroborates the data given by the Norwegian Government, the writer of -the German report says: - - “This sum of more than 5,000 million Reichsmark is, indeed, very - high for Norway. Much richer countries, as for example, Belgium, - pay hardly more, and Denmark does not even supply half of this - sum. These large payments can only be made possible by German - additions. It is, therefore, not surprising that the - German-Norwegian trade is in Germany’s favor—that is, it is - subsidized. Norway, owing to her very small population, can - hardly put labor at the disposal of the German war economy. She - is, therefore, one of the few countries which owe us certain - amounts in clearing.” - -Further on, the writer adds: - - “. . . If we deduct approximately 140 million Reichsmark from - the expenses of the occupation and the various credits - calculated above, we have Norwegian payments to the still - considerable amount of approximately 4,900 million Reichsmark.” - -THE PRESIDENT: Perhaps that would be a good time to break off. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -M. GERTHOFFER: I had the honor, this morning, of relating to you how the -occupiers were able to exact great quantities of the means of payment -from Norway. We shall now see, from the first data which have been given -us, the use to which the occupiers put these means of payment. - -The Germans seized, as in the other occupied countries, considerable -private property on some pretext or other—property belonging to Jews, -Freemasons, or Scout associations. It has been impossible, so far, to -make a very exact evaluation of this spoliation. We can therefore only -give some indication from memory. According to the report of the -Norwegian Government, submitted under Document Number RF-121, in 1941 -the Germans seized all the radio sets. . . - -THE PRESIDENT: Have you any evidence to support the facts you are -stating now? - -M. GERTHOFFER: This is based on information contained in the report of -the Norwegian Government which I have submitted under Document Number -RF-121. - -THE PRESIDENT: Yes. - -M. GERTHOFFER: According to that report, in 1941 the Germans seized -almost all the radio sets belonging to private individuals. The value of -these radio sets is approximately 120 million kroner. The Germans -imposed heavy fines on the Norwegian communities under the most varied -pretexts, notably Allied bombing raids and acts of sabotage. - -In the report presented under Document Number RF-121 the Norwegian -Government gives two or three examples of these collective fines: on 4 -March 1941, after a raid on Lofoten, the population of the small -community of Ostvagoy had to pay 100,000 kroner. Communities also had to -support German families and families of “Quislings.” - -On 25 September 1942, after a British raid on Oslo, one hundred citizens -were obliged to pay 3,500,000 kroner. In January 1941 Trondheim, -Stavanger, and Vest-Opland had to pay 60,000, 50,000, and 100,000 -kroner, respectively. In September 1941 the municipality of Stavanger -was obliged to pay 2 million kroner for an alleged sabotage of telegraph -lines. In August 1941 Rogaland had to pay 500,000 kroner, and Aalesund -had to pay 100,000 kroner. - -It can thus be stated in principle that, by various procedures which -differed hardly from those employed in other countries, the Germans -during the occupation of Norway not only exhausted all the financial -resources of that country but placed it considerably in debt. - -It has not been possible to furnish a detailed account of German -extortions, whether made after requisitions, followed or not by -indemnities, or by purchase, apparently conducted by mutual agreement -fictitiously settled with those very means of payment extorted from -Norway. - -In the report which I have submitted under Document Number RF-121, the -Norwegian Government tabulated the damages and losses suffered by its -country. I shall give a summary of this table to the Tribunal. - -The Norwegian Government estimates that the damages suffered by industry -and commerce amount to a total of 440 million kroner, of which the -Germans have paid, fictitiously of course, only 7 million kroner; -merchant vessels to the value of 1,733 million kroner, for which Germany -has made no settlement; damage to ports and installations amounts to 74 -million kroner, for which Germany has settled fictitiously only to the -extent of 1 million kroner; for railroads, canals, airports, and their -installations, the spoliation represents the sum of 947 million, for -which Germany has fictitiously paid 490 million kroner; roads and -bridges, 199 million kroner, for which the settlement amounts to 67 -million; spoliation of agriculture reached 242 million kroner, of which -only 46 million have been settled; personal property, 239 million, of -which nothing has been settled; various requisitions, not included in -the preceding categories, amount to 1,566 million kroner, for which the -occupier, fictitiously, has settled up to the amount of 1,154 million -kroner. The Norwegian Government estimates that the years of man-labor -applied to the German war effort represent a sum of 226 million kroner. -It estimates, on the other hand, that the years of man-labor lost to the -national economy by deportation to Germany and forced labor by the order -of Germany amounts to 3,122 million kroner. Forced payments to German -institutions amount to 11,054 million kroner, for which Germany has made -no settlement whatsoever. The grand total, according to the Norwegian -Government, is 21,086 million kroner, which represents 4,700 million -dollars. - -Norway suffered particularly during the German occupation. Indeed, -though her resources are considerable, notably timber from the forests, -minerals such as nickel, wolfram, molybdenum, zinc, copper, and -aluminum, nevertheless Norway must import indispensable food products -for feeding her population. - -As the Germans had absolute control over maritime traffic, nothing could -come into Norway without their consent. They could therefore, by -pressure, as they had to do in France by means of the line of -demarcation between the two zones, impose their demands more easily. The -rations, as fixed by the occupiers, were insufficient to insure the -subsistence of the Norwegian population. The continued undernourishment -over a period of years resulted in very serious consequences: Disease -multiplied, mortality likewise increased, and the future of the -population has been jeopardized by the physical deficiencies of its -younger element. - -These are the few observations which I had to make on the subject of -Norway. I shall, if the Tribunal will permit, now deal with the part -which relates to the Netherlands. - -Economic pillage of the Netherlands. - -In invading the Netherlands in contravention of all the principles of -the law of nations, the Germans installed themselves in a country -abundantly provided with the most varied wealth, in a country in which -the inhabitants were the best nourished of Europe and which, in -proportion to the population, was one of the wealthiest in the world. -The gold reserve of Holland exceeded the amount of bills in circulation. -Four years later when the Allies liberated that country, they found the -population afflicted by a veritable famine; and apart from the -destruction resulting from military operations, a country almost -entirely ruined by the spoliation of the occupation. - -The dishonest intentions of Germany appear in a secret report by -Seyss-Inquart on his governorship. This report, dating from 29 May to 19 -July 1940, was discovered by the United States Army. It has been -registered under the number Document 997-PS, and I submit it to the -Tribunal as Exhibit Number RF-122. These are the chief extracts from -this report: - - “It was clear that with the occupation of the Netherlands a - large number of economic and also police measures had to be - taken, the first ones of which were for the purpose of reducing - the consumption of the population in order to obtain supplies - for the Reich, on the one hand, and to secure a just - distribution of the remaining supplies, on the other hand. With - regard to the task assigned, endeavors had to be made for all - these measures to bear the signature of Dutchmen. The Reich - Commissioner therefore authorized the Secretaries General to - take all the necessary measures through legal channels. - - “In fact, to date, nearly all orders concerning the seizure of - supplies and their distribution to the population and all - decrees regarding restrictions on the moulding of public opinion - have been issued. But agreements concerning the transport of - extraordinarily large supplies to the Reich have also been made, - all of which bear the signatures of the Dutch Secretaries - General or the competent economic leaders, so that all of these - measures have the character of being voluntary. It should be - mentioned in this connection that the Secretaries General were - told in the first conference that loyal co-operation was - expected of them, but that they were entitled to resign if - something should be ordered which they felt they could not - endorse. Up to date none of the Secretaries General have made - use of this privilege, so that one may reasonably conclude that - they have complied with all requests of their own free will. - - “The seizure and distribution of food supplies and textiles have - been almost completed. At least all the appropriate orders have - been issued and are being executed. - - “A series of instructions concerning the reorientation of - agriculture have been issued and are being executed. The - essential point is to use the available fodder in such a way - that as large a stock as possible of horned cattle, about 80 - percent, will be carried over into the next farming season, at - the expense of the disproportionately high stock of chickens and - hogs. Rules and restrictions have been introduced in the - organization of traffic, and the rationing of gasoline was - applied on the same lines as in the Reich. - - “Restriction of the right to give notice at work, as well as to - cancel leases, has been issued in order to curb the liberal and - capitalistic habits of the Dutch employers and to avoid unrest. - In the same way the terms for repayment of debts have been - extended under certain circumstances. . . . - - “. . . the ordinance concerning registration and control of - enemy property, as well as confiscation of the property of - persons who show hostility to the Reich and to Germans, were - issued in the name of the Reich Commissioner. On the basis of - this ordinance an administrator has already been appointed for - the property of the royal family. - - “Stocks of raw materials have been seized and, with the consent - of the General Field Marshal, distributed in such a way that the - Dutch have enough raw materials to maintain their economy for - half a year, so that they receive the same allocation quotas as - obtain in the Reich. The same principle of equal treatment is - being used in the supply of food, et cetera. This enabled us to - secure considerable supplies of raw materials for the Reich, as - for instance 70,000 tons of industrial fats, which is about half - the amount which the Reich is lacking. Legislation concerning - exchange has been introduced on the same pattern as in the - Reich. - - “Finally we succeeded in causing the Dutch Government to supply - all the amounts which the Reich and the German administration in - the Netherlands need, so that these expenses do not burden the - Reich budget in any way. - - “Sums of guilders have been made available to redeem the - occupation marks to the amount of about 36 million; an - additional 100 million for the purposes of the occupation army, - especially for extension of the airports; 50 million for the - purchase of raw materials to be shipped to the Reich, so far as - they are not booty; and amounts to guarantee the unrestricted - transfer of the savings of the Dutch workers brought into the - Reich, to their families, _et cetera_. Finally, the rate of - exchange of the occupation marks, set at first by the Army High - Command in the proportion of 1 guilder to 1.50 Reichsmark, has - been reduced to the correct proportion of 1 guilder to 1.33 - Reichsmark. - - “Above all, however, it was possible to obtain the consent of - the President of the Bank of The Netherlands, Trip, to a measure - suggested by Commissioner General Fischböck and approved by the - General Field Marshal, namely the unrestricted mutual obligation - of accepting each other’s currency. That means that the Bank of - The Netherlands is bound to accept any amount of Reichsmark - offered to it by the Reich Bank and in return to supply Dutch - guilders at the rate of 1.33, that is, 1 Reichsmark equals 75 - cents. The Reich Bank alone has control in these matters, not - the Bank of The Netherlands, which will be notified only of - individual transactions. - - “This ruling goes far beyond all pertinent rulings hitherto made - with the political economies of neighboring countries, including - the Protectorate, and actually represents the first step towards - a currency union. In consideration of the significance of the - agreement, which already affects the independence of the Dutch - State, it is of special weight that the President of the Bank, - Trip, who is very well-known in western banking and financial - circles, signed this agreement of his own free will in the above - sense.” - -As you will see from the explanations which I shall have the honor of -submitting to you, it was chiefly in the Netherlands that the Germans -used all their ingenuity in extorting the means of payment. This -spoliation will form the subject of the first chapter. - -We shall then examine the use made by the occupiers of these means of -payment. In a second chapter we shall discuss the black market; in a -third, we shall consider the acquisition made in a manner only outwardly -regular; a fourth chapter will be devoted to various kinds of -spoliation. Finally, we shall touch upon the chief consequences to the -Netherlands of this economic pillage. - -Chapter 1, German seizure of means of payment. - -A.) Indemnity for occupation costs. - -I have already had the privilege, Gentlemen, of explaining under what -conditions and within what limit, by virtue of the Hague Convention, the -occupying power may raise contributions in money for the maintenance of -its army of occupation. - -I shall confine myself to reminding the Tribunal that these costs which -are charged to the occupied countries can include only the costs of -billeting, feeding, and possibly of paying those soldiers strictly -necessary for the occupation of territories. - -The Germans knowingly ignored these principles by imposing upon the -Netherlands the payment of an indemnity for the maintenance of their -troops which was far out of proportion to the needs of the latter. - -According to information furnished by the Netherlands Government, which -is contained in three reports (the reports of Trip, Hirschfeld, and the -Minister of Finance) which I submit as Document Number RF-123, the -following sums were exacted on the pretext of being indemnity for the -maintenance of occupation troops: 1940 (7 months), 477 million guilders; -1941, 1,124 million guilders; 1942, 1,181 million guilders; 1943, 1,328 -million guilders; 1944, 1,757 million guilders; 1945 (4 months only), -489 million guilders. That makes a total of 6,356 million guilders. - -A sum as considerable as this constitutes a veritable war tribute raised -on the pretext of the maintenance of an army of occupation. Germany thus -fraudulently circumvented the regulations of the Hague Convention to -seize a considerable amount of means of payment. - -B.) Clearing. - -In 1931 Germany, faced with economic and financial difficulties, -declared a general moratorium on her previous commitments. Nevertheless, -in order to be able to continue her foreign commercial operations, she -had concluded with most of the other countries, notably with the -Netherlands, agreements making possible the settling of commercial debts -and, to a certain extent, of financial debts, on the basis of the -exchange system called “clearing.” - -Before the war there existed on the Netherlands “clearing” an excess of -imports from Germany. But after the first months of occupation there -was, on the contrary, a considerable excess of exports to Germany, -whereas the receipts coming from that country dropped perceptibly. - -From the month of June 1940 onward the Germans exacted from the Dutch -declarations of foreign currency, gold, precious metals, securities, and -foreign credits, as can be seen from the Ordinance of 24 June 1940, -submitted as Document Number RF-95. Moreover, the Dutch could, by virtue -of the same ordinance, be obliged to sell their stocks to the Bank of -The Netherlands. - -The German Reich Commissioner, Seyss-Inquart, forced the Bank of The -Netherlands to make advances in guilders to maintain equilibrium in -clearing, since Germany could furnish no equivalent in merchandise. On -the other hand, it was decided that the clearing system should be -utilized for the delivery of merchandise as well as for the payment of -any debts. - -In fact the Germans could buy merchandise and transferable securities in -Holland without furnishing any equivalent. The credits in marks of the -Dutch sellers were blocked in the Bank of The Netherlands which, on its -part, had been obliged to make an equivalent advance on the clearing -exchange. - -To attempt to limit the fall of the Dutch account on the clearing -exchange, and to avoid the transfer by this means of guilders or of -transferable stock into Germany, on 8 October 1940, the Secretary -General of Netherlands Finance imposed a large tax on the marks that -were blocked on the clearing exchange. - -However, under date of 31 March 1941, the credit of the Netherlands -exceeded 400 million guilders, which in fact had been advanced by the -Netherlands Government. At this point the occupiers demanded: - -1) That a sum of 300 million guilders be withdrawn from the balance of -400 million and deposited in the German Treasury under the heading of -“Military Occupation Costs Incurred ‘Outside’ The Netherlands,” and this -was independent of payments already made by that country for the -occupation costs. - -2) By a decision of the Reich Commissioner, under date of 31 March 1941, -reported in the _Verordnungsblatt_ in France, Number 14, which I submit -to the Tribunal as Document Number RF-124, payment operations with the -Reich were no longer to pass through the clearing exchange but to be -operated directly from bank to bank, which would create direct credits -of the Netherlands banks on the German banks at the imposed exchange of -100 Reichsmark for 75.36 guilders. - -3) By a decree of the same date, 31 March 1941, which I submit as -Document Number RF-125, the tax on blocked marks, created on 8 October -1940 by the Netherlands authorities, was abolished. - -Faced with this situation, particularly dangerous to the Netherlands -treasury, Mr. Trip resigned his position as Secretary General for -Finance and President of The Netherlands Bank. - -The Reich Commissioner replaced him with Rost von Tonningen, a notorious -collaborator who complied with all the demands of the occupying power. - -As the private banks were unwilling to keep credits in marks at a rate -very disadvantageous to the real parity of 100 Reichsmark to 75.36 -guilders, they transferred their credits in marks to the Bank of The -Netherlands. The credit account of the Institute of Exports to Germany, -through operations with that country, rose considerably; while the -credit balance as of 1 April 1941 amounted to 235 million guilders, it -was to rise by 1 May 1945, to 4,488 million guilders. - -According to information given by the Netherlands Government, this -credit was accounted for by purchases of all kinds of merchandise made -by the Germans in Holland, of transferable stock or other valuable -papers, by payment of services imposed upon Dutch enterprises, the wages -of workers deported to Germany, and the liquidation debts incurred by -the occupiers. - -Apart from these two methods—indemnities for the occupation troops and -clearing—the Germans procured resources for themselves in another -way—by imposing collective fines, and this in violation of the -provisions of Article 50 of the Hague Convention. - -In the course of the occupation, under every pretext, the Germans -imposed, by way of reprisal or intimidation, considerable fines upon the -municipalities. These fines had to be paid by the inhabitants, with the -exception of persons of German nationality, members of pro-Nazi -associations (NSB, Waffen-SS, NSKK, Society for Technical Aid Services -of the Dutch-German cultural community), and persons working for the -Germans. According to information which has been obtained up to the -present, of only 62 municipalities the total fines thus imposed amounted -to a minimum of 20,243,024 guilders. This is based on testimony of the -Netherlands Government, which I submit as Document Number RF-126. - -From the same testimony, in the archives forgotten by the Germans at The -Hague, there have been discovered two copies of letters relative to -these collective fines. According to the first of these copies, which is -a letter of 8 March 1941, collective fines amounting to 18 million -guilders had been raised at the beginning of the year 1941. From the -second, we learn that Hitler had given the order to employ this sum for -National Socialist propaganda in the Netherlands. I quote: - - “Reich Commissioner, The Hague, 1808, 8 March 1941. - - “To Liaison Headquarters, Berlin, 1720 hours; to be submitted - immediately to Reichsleiter M. Bormann. - - “A sum of 18.5 million guilders representing contributions - exacted as reprisals from some Dutch cities, will arrive in the - next few days. The Reich Commissioner is inquiring whether the - Führer has earmarked this sum for a special purpose or if it is - to be used in the same way as the Führer has previously ordered - in the case of confiscated enemy property. At that time the - Führer stipulated that these sums should be spent in the - Netherlands for the needs of the community under the proper - political considerations. - - “Heil Hitler!”—Signed—“Schmidt, Münster, Commissioner - General.” - -This, then, is the translation of the answer, Document Number RF-126: - - “Obersalzberg, 19 March 1941, 1000; Number 4. - - “Reichsleiter M. Bormann. . . .” - -THE PRESIDENT: One moment! Some of the copies which you have just -submitted to us don’t seem to be accurate and the passage which you have -just been reading is omitted from some of them. - -[_Another copy of the document was presented to the President._] - -I now have another copy of the document from which you have read. The -two copies which have been handed up are not identical. - -M. GERTHOFFER: The document has possibly been improperly numbered. There -are two documents, Number RF-126, which should have been indicated as -RF-126(1), and RF-126(2). The representative of the Government of The -Netherlands certifies the accuracy of the translation of the first copy; -and in the second RF-126 document the same representative of the -Netherlands Government certifies the existence of the copy of the answer -from the headquarters of the Führer. - -THE PRESIDENT: The first document is the one you have just read out. The -second document begins with the words, “J’ai soumis aujourd’hui.” Is -that the second document to which you are referring? - -M. GERTHOFFER: It is the second document. - -THE PRESIDENT: Could we see the originals? They are two different -documents, are they? But they both begin in exactly the same way. - -M. GERTHOFFER: The two documents have been submitted by the Netherlands -Government. The representative of the Government of The Netherlands who -has delivered them certifies that these two documents were found in the -Netherlands among German papers. - -THE PRESIDENT: Yes. Go on. - -M. GERTHOFFER: The Dutch Government was obliged to make important -payments into the German account; and in the reports submitted as -Document Number RF-123, it is clearly stated that: - -1) The Germans required that a sum of 300 million guilders, which was -written to the credit of the Bank of The Netherlands, be used for the -needs of their army of occupation outside the Netherlands and that a sum -of 76 million guilders in gold be deposited for the same use. The total -which the Netherlands had to pay under this pretext, namely, the -maintenance of armies of occupation in other countries, was 376 million -guilders. - -2) From June 1941 on, the Netherlands was obliged to pay, as a -contribution to the expenses of the war against Russia, a monthly sum of -37 million guilders, of which a part was payable in gold. The total of -the sum that Germany raised under this heading is 1,696 million -guilders. - -3) The Bank of The Netherlands was obliged to undertake the redemption -of Reichskreditkasse notes to the sum of 133 million guilders. - -4) The costs of the civilian German government in Holland were charged -to that country and amounted to 173 million guilders. - -5) The Dutch Treasury was, moreover, obliged to pay 414 million guilders -to the Reich account, covering divers expenses, such as wages of Dutch -workers deported to Germany, the costs of evacuation of certain regions, -costs of the demolition of fortifications, so-called costs for guarding -railroads, funds placed at the disposal of the Reich Commissioner, and -for various industries utilized by the Germans. - -6) The Germans in July 1940 seized 816 bars of gold bullion belonging to -the Bank of The Netherlands, which were in the wreck of a Dutch ship -sunk at Rotterdam, which represented, including costs of recovery, 21 -million guilders. - -7) The Government of The Netherlands was obliged to bear annual expenses -of 1,713 million guilders to assure the financing of new administrative -services imposed on Holland by the occupying power. - -In this way, Holland lost 8,565 million guilders. Altogether, including -the raising of the gold from a ship sunk in the Meuse, the payments -actually made to Germany amount to 11,380 million guilders. If these -costs are added to the costs of occupation and clearing, the total of -the financial charges imposed on Holland during the occupation amounts -to the sum of 22,224 million guilders. - -These operations had serious consequences for the economy of the -Netherlands. Indeed, the gold supply, which on 1 April 1940 amounted to -1,236 million guilders, had, by 1 April 1945, fallen to 932 million -guilders, owing to German levies. - -The paper money in circulation, on the contrary, had risen from 1,127 -million guilders on 1 April 1940, to 5,468 million guilders on 1 April -1945. - -When the Germans occupied the Netherlands, a great portion of the gold -of the Bank of The Netherlands had been sent abroad. - -However, the Germans, under various pretexts, seized all the gold that -was found in the vaults of the bank. I recall that, under the heading of -indemnity for occupation, they collected 75 million gold guilders; and -for the forced contribution of the Netherlands in the war against -Russia, they demanded about 14.4 million gold guilders. - -Rost von Tonningen, Secretary General of Finance and President of the -Bank of The Netherlands, appointed by the Germans, wrote on 18 December -1943 to the Reich Commissioner that there had not been any gold in -Holland since the preceding March. The copy of this letter is submitted -as Document Number RF-127. - -A document discovered by the United States Army, listed under Number -ECR-174, which I submit as Exhibit Number RF-128, consists of a report -of the Commissioner of the Bank of The Netherlands of 12 June 1941. It, -too, states that the gold reserve of the Bank of The Netherlands -amounted, on 12 June 1941, to 1,021.8 million guilders, of which only -134.6 million guilders were in Holland, the rest being either in -England, South Africa, or the United States. The same report specifies -that all the gold in Holland had been removed. - -Not only did the Germans seize the gold of the Bank of The Netherlands, -but they also made requisitions of the gold and other means of foreign -payment in the possession of the population. The occupying power obliged -private individuals to deposit gold which was in their possession with -the Bank of The Netherlands, after which this gold was requisitioned and -handed over to the Reichsbank. A sum of approximately 71.3 million -guilders was paid in this way to the public in exchange for the -requisitioned gold. - -In the same way also the Germans bought from the public various foreign -stocks to a sum of 13,224,000 guilders, and Swedish Government -securities to a sum of 4,623,000 guilders. - -With important financial means which they had at their disposal, the -Germans proceeded to make large purchases in Holland. Such purchases, -made with funds extorted from the Netherlands, cannot be considered as -having been made in exchange for a real equivalent, but realized only by -fictitious payments. - -The Germans, in addition to numerous cases of requisitions which were -followed by no kind of settlement, proceeded to illicit purchases on the -black market and purchases outwardly regular. They thus procured a -quantity of things of all kinds, leaving to the population only a -minimum of products insufficient to insure their vital needs. - -In the second chapter of this presentation we shall examine the illicit -purchases on the black market; and in a third chapter, the purchases -that were carried out in seemingly regular ways. - -Chapter 2, the black market. - -As in all other occupied countries, in Holland the Germans seized -considerable quantities of merchandise on the black market, in violation -of the legislation on rationing which they themselves had imposed. - -It has not been possible, in view of the clandestine nature of the -operations, to determine even approximately the quantities of all kinds -of objects which the Germans seized by this dishonest means. However, -the secret report of the German Colonel Veltjens, which I had the honor -of submitting this morning under Exhibit Number RF-112 (Document Number -PS-1765) gives us for a period of 5 months, from July to the end of -November, some indications of the scope of the German purchases. I quote -a passage from the Veltjens report: - - “In the Netherlands, since the beginning of the action, the - following purchases were made and paid for by ordinary bank - remittances: Non-ferrous metals, 6,706,744 Reichsmark; textiles, - 55,285,568 Reichsmark; wool, 753,878 Reichsmark; leather, skins, - and hides, 4,723,130 Reichsmark; casks, 254,982 Reichsmark; - furniture, 272,990 Reichsmark; food and comestibles, 590,859 - Reichsmark; chemical and cosmetic products, 152,191 Reichsmark; - various iron and steel wares, 3,792,166 Reichsmark; rags, - 543,416 Reichsmark; motor oil, 52,284 Reichsmark; uncut - diamonds, 25,064 Reichsmark; sundries, 531,890 Reichsmark. - Total: 73,685,162 Reichsmark.” - -These purchases were paid for by checks on the banks. A large quantity -of other merchandise, the amount of which it has not been possible to -determine, was paid for by cash with guilders coming from the so-called -occupation indemnity. - -THE PRESIDENT: We will adjourn now for 10 minutes. - - [_A recess was taken._] - -M. GERTHOFFER: In Chapter 3, which deals with the economic plundering of -the Netherlands, we will treat the question of purchases of apparent -regularity from information provided for us by the Government of The -Netherlands. - -Industrial production. - -From testimony given by the representative of the Dutch Government, -which I submit as Document Number RF-129, it is clear that the Germans -utilized to their own profit the greater part of the industrial -potential of the Netherlands; all important stocks which were in the -factories were thus absorbed. The value of these stocks was not less -than 800 million guilders. Moreover, the occupants proceeded to the -removal of a large amount of machinery. In certain cases these -requisitions were not even followed by fictitious settlements. It has -not yet been possible to establish a balance sheet of these spoliations, -which often included all the machinery of an industry. - -As an example, we may indicate that on a requisition order of 4 March -1943, coming from the Reich Commissioner, all the machinery and -technical equipment, including the drawings and blueprints of all the -workshops and accessories of the blast furnaces of an important factory, -were removed without any indemnity and transported to the vicinity of -Brunswick for the Hermann Göring Works. This is shown in the document I -submit as Document Number RF-130. - -The Germans had set up in all the occupied countries a certain number of -organizations charged specially with the pillaging of machines. They had -given them the name of Machine Pool Office. These organizations, which -were under the armament inspection, received demands from German -industry for means of production and had to fulfill these demands by -requisitions on the occupied countries. - -Moreover, groups of technicians were charged with locating, dismantling, -and transporting the machinery to Germany. The organization of these -official groups of pillagers can be learned from German documents which -are to be brought to your attention when the special case of Belgium -will be outlined to you. - -We learn from the report of 1 March 1944, addressed to the military -commandant, that the Machine Pool Office of The Hague could satisfy only -a small proportion of the demands. Thus, under date of 1 January 1944, -these demands totalled 677 million Reichsmark, whereas in the month of -January only 61 million marks worth of machinery had been delivered as -against the new demands of 87 million which made a total demand for -machinery of 703 million Reichsmark at the end of January 1944. This is -shown in a document submitted as Document Number RF-131. - -Before leaving the Netherlands the Germans effected large-scale -destruction with a strategic aim, so they said, but above all with the -desire to do damage. When they demolished factories, they removed -beforehand and transported to Germany the machinery which they could -dismantle, as well as the raw materials. They acted in this manner -particularly with respect to the Phillips factories in Eindhoven, -Hilversum, and Bussum; the oil dumps of Amsterdam and Pernes; the -armament factories of Breda, Tilburg, Berg-op-Zoom, and Dordrecht. These -facts are dealt with in the report of the economic officer attached to -the German military commander in Holland, under date of 9 October 1944, -which I submit as Document Number RF-132. - -The same report gives some information on the organization of German -looters specialized in the removal of machinery. I give here some -extracts: - - “The Phillips Works at Eindhoven was the first and the most - important military objective to be dealt with.” - -A little farther on the writer continues: - - “Before the invasion by the enemy we succeeded in destroying - these important continental works for the manufacture of radio - valves, lamps, and radio apparatus. This was done after - Volunteer Commando 7”—Fwi.Kdo. 7—“had previously removed the - most valuable metals and special machines.” - -Farther on he writes: - - “Already on 7 September a commando unit transported in trucks to - the Reich most important non-ferrous metals (wolfram, manganese, - copper) and very valuable apparatus from the Phillips Works. - Volunteer Commando 7 continued to participate in the transfer of - finished and semi-finished products as well as machines from the - Phillips Works. Due to the enemy’s occupation of Eindhoven, the - removal came to a stop. Then the clearing out of the branch - factories of Phillips at Hilversum and Bussum took place. Here - it was possible to remove completely all stocks of non-ferrous - metal products, finished and semi-finished goods, machinery, and - blueprints and designs necessary for production. - - “At the same time removal commandos were detailed to the heads - of the various provincial branch offices under the - representative of the Reich Ministry of Armaments and War - Production in the Netherlands. - - “In agreement with the forementioned services and the competent - civil offices, these commandos carried through the removal of - important raw materials and products, as well as machinery. - Through the unswerving and commendable zeal of officers, - officials, Sonderführer, and enlisted men it was possible, - during the month of September, to remove to the Reich - considerable stocks of raw materials and products and to supply - the troops with useful material. This action was initiated and - directed in the western and southern districts of the - Netherlands by the officer in charge of volunteers in the - Netherlands.” - -Then the writer ends, by saying: - - “For the task of evacuation and for the preparation of the ARLZ - measures within the area of 15th Army Command, a squad under the - command of Captain Rieder was detached by Volunteer Commando 7 - which also had to act as liaison with the quartermaster staff of - the 15th Army Command. In this case, too, in close co-operation - with the civil officers and Department IVa of 15th Army Command, - good work was done by the removal of raw materials and scarce - goods as well as machinery. These actions commenced only at the - end of the month covered by this report.” - -Requisition of raw materials. - -Together with the removal of machinery the Government of The Netherlands -gives us exact figures on the stocks of raw materials and manufactured -articles. Apart from the stocks located in the factories, the Germans -acquired considerable quantities of raw materials and manufactured -articles amounting to not less than 1,000 million guilders. This -evaluation does not include the destruction resulting from military -operations, which ranges around 300 million guilders. - -Agriculture. - -The Germans proceeded to make requisitions and wholesale purchases of -agricultural produce and livestock. A final estimate of these -requisitions, amounting to a minimum of 300 million guilders, is as yet -impossible. To give an idea of their magnitude we point out that at the -end of the year of 1943 the Germans had seized 600,000 hogs, 275,000 -cows, and 30,000 tons of preserved meats, as is given in the testimony -of the representative of the Netherlands Government, which I submit as -Document Number RF-133. - -In passing, we point out—although this question will be taken up again -by my colleague in his presentation of war crimes against persons—that -on 17 April 1944, without any apparent strategic reason, 20 hectares of -cultivated lands were flooded at Wieringermeer. - -Transport and communications. - -The Germans made enormous requisitions of transport and communication -material. It is not yet possible to draw up an exact inventory of them. -Nevertheless, the information given by the Netherlands Government makes -it possible to form an idea of the magnitude of these spoliations. - -I submit as Document Number RF-134 information given by the -representative of the Netherlands Government concerning transport and -communication. This is a summary of it: - -(a) Railways—of 890 locomotives, 490 were requisitioned; of 30,000 -freight cars, 28,950 were requisitioned; of 1,750 passenger cars, 1,446 -were requisitioned; of 300 electric trains, 215 were requisitioned; of -37 Diesel-engine trains, 36 were requisitioned. In general, the little -material left by the Germans was badly damaged either by wear and tear, -by military operations, or by sabotage. In addition to rolling stock, -the Germans sent to the Reich considerable quantities of rails, signals, -cranes, turntables, repair cars, _et cetera_. - -(b) Tramways—the equipment was removed from The Hague and Rotterdam to -German cities. Thus, for example, some 50 tramcars with motors and 42 -trailers were sent to Bremen and Hamburg. A considerable amount of -rails, cables, and other accessories were removed and transported to -Germany. The motor buses of the tramway companies were likewise taken by -the occupying power. - -(c) The Germans seized the greater part of the motorcars, motorcycles, -and about 1 million bicycles. They left the population only those -machines which would not run. - -(d) Navigation—the Germans seized a considerable number of barges and -river boats, as well as a considerable part of the merchant fleet, -totalling about 1.5 million tons. - -(e) Postal equipment—the Germans seized a large quantity of telephone -and telegraph apparatus, cables, and other accessories, which has not -yet been computed; 600,000 radio sets were confiscated. - -I now come to Chapter 49, miscellaneous spoliation. - -Forced labor demanded by the occupier. - -From information given by the Netherlands Government, which I submit as -Document Number RF-135, a great number of Dutch workers were obliged to -work either in Holland or in Germany. About 550,000 were deported to the -Reich, which represents a considerable number of hours of work lost to -the national production of the Netherlands. - -Plunder of the royal palaces. - -The furniture, private archives, stable equipment and carriages, and -wine cellars of the royal house were plundered by the Germans. In -particular, the Palace of Noordeinde was completely looted of its -contents, including furniture, linen, silverware, paintings, tapestries, -art objects, and household utensils. A certain number of similar objects -were removed from the Palace of Het Loo and were to be used in a -convalescent home for German generals. - -The archives of the royal family likewise were stolen. This is shown by -a report given by the representative of the Netherlands Government, -which I submit as Document Number RF-136. - -Pillage of the city of Arnhem. - -Besides numerous cases of individual looting, which are not dealt with -in this present statement, there was a systematically organized pillage -of entire cities. In this manner the town of Arnhem was despoiled in -October and November 1944. The Germans brought in miners from Essen who, -under military orders, proceeded in specialized gangs to dismantle all -the removable furniture and send it and objects of all kinds to Germany. -This is shown in the testimony given by the representative of the -Netherlands Government, which I submit as Document Number RF-137. - -The consequences of economic plundering in the Netherlands are -considerable. We shall just mention that the enormous decrease of the -national capital will result in production being below the needs of the -country for many years yet to come. But the gravest consequence is that -affecting the public health, which is irreparable. - -The excessive rationing, over many years, of food, clothing, and fuel, -ordered by the occupiers to increase the amount of spoliation, has -brought about an enfeeblement of the population. The average calorie -consumption by the inhabitant, which varied between 2,800 and 3,000, -dropped in large proportions to about 1,800 calories, finally to fall -even to 400 calories in April 1945. - -Starting from the summer of 1944, the food situation became more and -more serious. The Reich Commissioner, Seyss-Inquart, forbade the -transport of foodstuffs between the western and northern zones of the -country. This measure, which was not justified by any military -operations, seems only to have been dictated by hatred for the -population, only to persecute and intimidate them, to weaken and -terrorize them. - -Not until about December 1944 was this inhuman measure lifted; but it -was too late. Famine had already become general. The death rate in the -cities of Amsterdam, Rotterdam, The Hague, Leyden, Delft and Gouda -increased considerably, rising from 198 to 260 percent. Diseases which -had almost been eliminated from these regions reappeared. Such a -situation will have irreparable consequences for the future of the -population. These facts are given in two reports which I submit as -Documents Numbers RF-139 and 140. - -By ordering such severe rationing measures in order to get for -themselves products which were indispensable to the existence of the -Netherlands, which is contrary to all principles of international law, I -may say that the German leaders committed one of their gravest crimes. - -My statements concerning Holland are concluded. My colleague, M. -Delpech, will now state the case for Belgium. - -M. HENRY DELPECH (Assistant Prosecutor for the French Republic): Mr. -President, Gentlemen, I have the honor of presenting to the Tribunal a -statement on the economic plundering of Belgium. - -As early as 1940 the National Socialist leaders intended to invade -Belgium, Holland, and northern France. They knew that they should find -there raw materials, equipment, and the factories which would enable -them to increase their war potential. - -As soon as Belgium had been occupied, the German military administration -did its best to reap the maximum benefit. To this end the German leaders -took a series of measures to block all existing resources and to seize -all means of payment. Important supplies built up during the years 1936 -to 1938 were the object of enormous requisitions. The machines and -equipment of numerous enterprises were dismantled and sent to Germany, -bringing about the closing down of numerous factories and in many -sectors an enforced consolidation. - -Given the highly industrial character of this country, the occupying -authorities imposed, under threats of various kinds, a very heavy -tribute upon Belgian industries. Nor was agriculture spared. - -The third part of the French economic exposé deals with a study of all -these measures. This will be the subject of four chapters. - -Chapter 1 deals with the German seizure of the means of payment. The -second chapter will be devoted to clandestine purchases and an account -of the black market. Chapter 3 will deal with purchases of apparent -regularity while the fourth chapter will concern impressment. - -In a fifth chapter the acquisition of Belgian investments in foreign -concerns will be presented to the Tribunal, before concluding and -emphasizing the effect of the German intrusion on the public health. -Finally, a few remarks will be presented concerning the conduct of the -Germans after they had annexed the Grand Duchy of Luxembourg. - -Chapter 1, German seizure of means of payment. - -To enslave the country from an economic point of view, the most simple -procedure was to secure the possession of the greater part of the means -of payment and to make impossible the export of currency and valuables -of all kinds. - -There is an ordinance of 17 June 1940 which forbids the export of -currency and valuables of all kinds. This ordinance was published in the -_Verordnungsblatt_ for Belgium, Northern France, and Luxembourg and will -hereafter be called by its usual abbreviated form VOBEL. This ordinance -was published in VOBEL, Number 3, and was submitted under Document -Number RF-99. In the VOBEL of the same day appeared a notice dated 9 May -1940, which regulated the issuing of Reichskreditkasse notes to provide -the occupation troops with legal tender. By this means the Germans made -possible the buying, without supplying any equivalent, all they desired -in a country abounding with products of all kinds, without the -inhabitants being able to protect their possessions against the invader. - -The occupier used, in addition, three other methods for securing the -greater part of the means of payment. These three methods were: The -creation of an issuing bank, the imposition of war tribute under the -pretext of maintaining occupation troops, and the working of a system of -clearing to their profit alone. These measures will be fully dealt with -in three sections which now follow. - -Establishment of an issuing bank. - -As soon as they arrived in Belgium the Germans established an office for -supervising banks, which was entrusted at the same time with the control -of the National Bank of Belgium. This was ordered on 14 June -1940—VOBEL, Number 2, which is submitted as Document Number RF-141. - -At this time the directorate of the National Bank of Belgium was outside -the occupied territories; but the amount of notes on hand would have -been insufficient to insure normal circulation, as a great number of -Belgians had fled before the invasion, taking with them a large quantity -of paper money. These are, at least, the reasons which the Germans put -forward for establishing an issuing bank by the ordinance of 27 June -1940, published in VOBEL, Numbers 4 and 5, which I submit as Document -Number RF-142. - -By virtue of this last ordinance, 27 June 1940, the new issuing bank -with a capital of 150 million Belgian francs, 20 percent of which had -been issued in coin, received the monopoly for issuing paper money in -Belgian francs. As a matter of fact, the National Bank of Belgium no -longer had the right to issue money. The cover of the issuing bank was -not represented by a gold balance but: 1) by credits from discount -operations and loans granted in conformity with Article 8 of the new -statutes; 2) monies owed to the National Bank of Belgium, as well as -coin which was in circulation for the account of the public treasury; 3) -finally, the third means of cover—foreign currency and francs, -particularly German money, including Reichskreditkasse notes as well as -assets at the Reichsbank, at the Office of Compensation for the Reich, -and the Reichskreditkasse. - -The German Commissioner who had been appointed by a decree of 26 June -1940 became the controller of the issuing bank—decree of 26 June 1940, -published in VOBEL, Number 3, Page 88, and submitted as Document Number -RF-143. - -After the return to Belgium of the directors of the National Bank, on 10 -July 1940, an agreement between this bank and the new issuing bank was -effected by the nomination of the head of the new issuing bank to the -position of director of the National Bank of Belgium. - -The issuing bank proceeded to put out a large amount of notes, so much -so that on 8 May 1940 the currency in circulation amounted to 29,800 -million Belgian francs. On 29 December 1943 it amounted to 83,200 -million Belgian francs, and on 31 August 1944 it was 100,200 million -Belgian francs, that is to say, an increase of 236 percent. - -The issuing bank functioned; but not without certain difficulties, -either with the military command, its own staff, or with the National -Bank of Belgium. Actually, besides its function of issuing, the new bank -had as a principal function operations relating to postal orders and to -currency, as well as operations with German authorities, notably as -concerned the occupation indemnity and, above all, clearing. - -The National Bank of Belgium lost its right to issue paper money but -resumed its traditional operations for private as well as state -accounts, particularly transactions on the open market. - -These data, Gentlemen, are corroborated by the final report of the -German military administration in Belgium, ninth part, dealing with -currency and finance. This final report of the German military -administration in Belgium was discovered by the United States Army, and -it is a document to which we shall refer many times. It is Document -Number ECH-5 and is submitted to the Tribunal as Exhibit Number RF-144. - -The ninth part, which is of interest here, was written by three chiefs -of the administration section of Brussels: Wetter, Hofrichter, and Jost. - -In spite of the establishment of the issuing bank, Reichskreditkasse -notes were valid in Belgium until August 1942; but it was the National -Bank of Belgium that was obliged to absorb these notes in September -1944, and on account of this, Belgian economy suffered a loss of 3,567 -million Belgian francs. This number is given by Wetter in the foregoing -report, Page 112, the excerpt of the report being submitted as Document -Number RF-145. - -Moreover, from information given by the Belgian Government, the issuing -bank had in hand at the moment of liberation of the territory a sum -totalling 644 million in Reichskreditkasse notes; and further, it had -assets in a transfer account of 12 million Reichsmark on the books of -the Reichskreditkasse, that is to say, a total loss of 656 million -Belgian francs—the figure given in a report of the Belgian Government, -which is submitted as Document Number RF-146. - -Occupation costs. - -Let us now take the occupation costs. Article 49 of the Hague Convention -stipulates that if the occupier makes a levy in money, it will be only -for the needs of the army of occupation or for the administration of the -territory. The occupier can, therefore, impose a tax for the maintenance -of his army; but this must not exceed the effective force strictly -necessary. On the other hand, the words “needs of the army of -occupation” do not mean the expenses of armament and equipment but -solely the costs of billeting, food, and normal pay, which excludes, in -all cases, luxury expenses. - -Moreover, Article 52 authorizes the occupying authority to exact, for -the use of its army, requisitions in kind and in service on the express -condition that they shall be proportionate to the resources of the -country and that they should not involve the population with the -obligation to take part in military operations against their own -country. The same Article 52 stipulates, moreover, that levies in kind -will be, as far as possible, paid in cash. - -Consequently the Germans exacted a monthly indemnity of 1,000 million up -to August 1941. On that date the indemnity was increased to 1,500 -million per month. By the end of August 1944, the payments under that -designation totaled 67,000 million Belgian francs. This number cannot be -contested by the Defense, since in the report quoted, Pages 103 and -following, the said Wetter wrote in June 1944 that the total sum of -Belgian francs paid for the army of occupation was 64,181 million—the -passage in the report is submitted as Document Number RF-147. - -But this sum of 64,000 million was completely disproportionate to the -needs of the occupying army. This is shown in the report of Wetter, in a -passage which is submitted as Exhibit Number RF-148. On Page 245 of this -report it is said that on 17 January 1941 the general who was -Commander-in-Chief in Belgium had asked the High Command of the Army if -the indemnity covered only the expenses of occupation. This point of -view was not accepted by the commanding general, who, by order of 29 -October 1941, specified that the indemnity of occupation was to be used -not only for the needs of the occupying army but also for those of the -operating armies. Moreover, on Page 11 of the original German text of -the same report it is written—and I shall read to the Tribunal an -excerpt which will be found in the document book under Document Number -RF-149, the second paragraph: - - “As the increase in the expenses of the Wehrmacht made it clear - that it would be impossible to manage with this amount, the - military administration demanded that the calculation of the - occupation costs should be straightened out by deducting all - expenses foreign to the occupation proper. This concerned - especially the larger purchases of all kinds which the military - services made in Belgium, such as horses, motor vehicles, - equipment, all of which was designated for other territories and - was written off as occupation costs. - - “By a decision of the Delegate for the Four Year Plan, dated 11 - June 1941, the financing of other than true occupation costs was - to be met by clearing. To comply with this decree, beginning in - July 1941, the administration of the military commander ordered - a monthly report to be rendered of all expenses other than those - required for the occupation but which so far had been paid under - the account of occupation costs, in order to have these expenses - refunded through clearing. Thanks to this, large sums could be - recovered and put into the account of occupation costs.” - -Before concluding the examination of this point concerning war tribute, -that tribute called occupation costs, it is necessary to point out that -the Germans had already demanded, by the decree of 17 December 1940, -submitted as Document Number RF-150, that the costs of billeting their -troops should be charged to Belgium. Owing to this, the country had to -meet expenses totalling 5,900 million francs, which went for billeting -German troops, costs of installation, supplies, and furniture. - -In his report Wetter writes on Page 104—the excerpt submitted as -Document Number RF-147—that at the end of June 1944 the Belgian -payments for billeting troops totalled 5,423 million francs. - -Clearing. - -We now come to the third part of German plundering—clearing. The -issuing of Reichskreditkasse notes and the war tribute, called -“occupation costs,” were not sufficient for Germany. Her leaders created -a system of clearing which enabled them to procure, unduly, means of -payment totalling 62,200 million Belgian francs. - -As soon as they arrived in Belgium, by the decrees of 10 July, 2 August, -and 5 December, 1940—which appear in the document book under the -Numbers RF-151, RF-152, and RF-153—the Germans specified: - -1) That all payments on debts of people resident in Belgium to their -creditors in Germany had to be paid into an account called the “Deutsche -Verrechnungskasse, Berlin.” This was an open account on the books of the -National Bank of Belgium in Brussels, an account kept in belgas in spite -of the prohibition on currency of 17 June 1940, the prohibition to which -I have already referred concerning the blocking of means of payment in -the country. - -By the decision of 4 August 1940, it was moreover prescribed that the -carrying out of clearing would henceforth no longer be entrusted to the -National Bank of Belgium but to the issuing bank in Brussels, which, as -I have already had the honor of pointing out, had been established by -the occupying power and was under their absolute control. - -2) The Germans laid down a second measure whereby all debtors resident -in the Reich should pay their Belgian creditors by way of the open -account at the issuing bank in Brussels, at the following rate of -exchange; 100 belgas to 40 marks, that is to say, 1 mark for 12.50 -Belgian francs. - -These arrangements, moreover, were extended to the countries occupied by -Germany with a view to facilitating their operations in those countries; -they were even extended to certain neutral countries by various similar -decrees appearing in the ordinance book. - -The mission of the issuing bank in Brussels consisted, therefore, on the -one hand, of receiving payments from all persons or agencies established -in Belgium which had foreign engagements and, on the other hand, to pay -those persons or agencies established in Belgium which had foreign -credit. - -In other words, every time an exporter delivered goods to an importer of -another country which belonged to the clearing system, it was the -issuing bank which settled the invoice and which entered as equivalent, -in the ledgers, a corresponding credit at the Deutsche Verrechnungskasse -in Berlin—the German Clearing Institute in Berlin. In the case of -imports, the inverse procedure was followed. - -In fact, under the German direction, this system functioned to the -detriment of the Belgian community which, at the moment of the -liberation, was creditor in clearing to the extent of 62,665 million -Belgian francs. It was the National Bank of Belgium which had been -forced to make advances to the issuing bank to balance the account of -the German Clearing Institute. - -A large number of operations made through clearing had no commercial -character whatever but were purely and simply military and political -expenses. - -From information given by the Belgian Government, the clearing -operations could be summarized in the following manner—and I take the -figures from a report of the Belgian Government previously cited, which -has been presented as Document Number RF-146: Of the total transactions, -93 percent were Belgium-German clearing operations; merchandise amounted -to 93 percent, and services 91 percent. - -If one considers the part taken respectively by merchandise, services, -or capital, one obtains a very significant picture. The entire clearing -transactions of Belgium with foreign countries totalled, on 2 September -1944, the sum of 61,636 million Belgian francs, of which 57,298 million -were for Belgium-German operations, 4,000 million only with France, -1,000 million with the Netherlands, and 929 million with other -countries. - -It is only in the sector of goods and services that the want of -equilibrium is apparent due in large measure to requisitions of property -and services made by Germany for her own account. It is known that the -so-called exports affected especially metals and metal products, -machines, and textile products, nine-tenths of which were seized by the -Reich, which made itself thereby guilty of real spoliation. - -As to the transfer of capital, during the first period of the occupation -it was particularly intense. It concerned the forced realization of -Belgian capital in foreign countries, as well as the forced cession to -German groups of Belgian assets blocked in Germany. No effective -compensation was given in exchange. The transfers made for services were -principally for payments for Belgian labor in foreign countries. - -The credit balance of these services on 2 September 1944 is as follows, -in Belgian francs: Total clearing operations dealing with services, -20,016 million—that is to say, for payment of labor 73 percent of the -total. For Germany alone, 18,227 million—that is, 72 percent of the -total amount. For France only 1,621 million Belgian francs—that is to -say, a very small part. - -Not content with requisitioning workers for forced labor in Germany or -in the occupied territories, the Germans compelled Belgium to bear the -financial burden and imposed it either through the liquidation of the -transferred savings in clearing or by the remittance of Belgian notes to -the Directorate of the Reich Bank in Berlin for payment of workers in -national currency. - -THE PRESIDENT: Do you think it is necessary to go into these clearing -operations again? In each case of the various countries which have been -dealt with, the same clearing operations have taken place, have they -not? Then perhaps it is really unnecessary to do it over again for -Belgium. - -M. DELPECH: Very well, Your Honor. At all events, the Germans recognized -the fact, and the figures taken from the report previously cited support -the conclusions of our statement. - -Before ending this chapter concerning German seizure of the means of -payment, it is fitting that the attention of the Tribunal be brought to -the order of 22 July 1940, by which the Germans fixed the rate of the -Belgian franc at 8 Reichspfennig, that is to say 12.50 francs per mark; -and in the forementioned report Wetter writes concerning this matter, on -Pages 37 and 38, a passage which I ask the Tribunal’s permission to read -and which is in the document book as Document Number RF-158. - - “The _de facto_ maintenance of the pre-war parity was moreover - of considerable political importance because a large group of - the population would have considered a sharp devaluation or a - repeated change of parity as a maneuver of exploitation.” - -The following observation in connection with this conception must be -made: The occupiers had no need in Belgium to decree, with the view of -promoting their economic exploitation, that the Belgian franc should -have a lesser value when, as a matter of fact—contrary to what occurred -in France—they had, at the moment they entered Belgium, instituted new -currency over which they had the control. - -Lastly, let us mention that Germany obliged the Vichy Government to -deliver 221,730 kilos of gold amounting, at the 1939 value, to 9,500 -million francs; but as France had returned this gold to the Bank of -Belgium, this question will be treated under the economic exploitation -of France. - -Recapitulation. - -To sum up, the means of payment seized by the army of occupation may be -seen from the following figures: - -Reichskreditkasse notes, 3,567 million; various bills and accounts on -the books of the Reichskreditkasse, 656 million; war tribute under the -pretext of occupation costs, 67,000 million; to which may be added the -credit balance of clearing 62,665 million; total (in Belgian francs), -133,888 million. - -The Germans thus seized no less than 130,000 million Belgian francs, -which they used for outwardly regular purchases, for payment of their -requisitions, and to make clandestine purchases on the black market. -These so-called purchases and requisitions will be treated in the -following chapters. - -Chapter 2, clandestine purchases, black market. - -As in all the other occupied territories, the Germans organized a black -market in Belgium as early as October 1941. - -According to a secret report on the black market, called “Final Report -of the Control Office of the Military Commander in Belgium and in the -North of France, Concerning the Legalized Emptying of the Black Market -in Belgium and in the North of France,” a report covering the period -from 13 March 1942 to 31 May 1943—Exhibit Number RF-159 (Document -Number ECH-7) in the document book—the reasons given by the Germans for -this organization of the black market are three in number: - -1) To check competition on the black market between various German -buyers; 2) to make the best use of the Belgian resources for the -purposes of German war economy; 3) to do away with the pressure -exercised on the general standard of prices and by this to avoid all -danger of inflation which would result in endangering German currency -itself. - -This same report tells us, Pages 3 and following, that an actual -administrative organization was set up by the Germans for carrying out -this policy. The bookkeeping was done by the Clearing Institute of the -Wehrmacht, which combined all the operations in its books. The direction -of purchases was regulated by a central organization, the name of which -changed as the years went by and which had a certain number of -organizations subordinate to it, particularly a whole series of -purchasing offices. - -The central organization was set up in accordance with the decree of the -military commander in Belgium, dated 20 February 1942. It was formed on -the 13th of the following March; and as soon as it was created it -received special directives from the delegate of the Reich Marshal, -Defendant Göring. This delegate was Lieutenant Colonel Veltjens, of whom -we spoke this morning. - -This organization was only established to co-ordinate the legalization -and direction of the black market, as had been determined upon, and -planned following conferences between the Commissioner General and the -Military Commander of Belgium with the Chief of the Armament Inspection. -According to the terms of that agreement, which reinforced a declaration -of 16 February 1942 emanating from the Reich Minister for Economics, the -aim was to drain the black market and in accordance with directives, in -a legal form, with the main idea of safeguarding the supply requirements -of the German Reich. - -This organization had its offices in Brussels. The purchases themselves -were regulated by a certain number of specialized offices, the list of -which is given on Page 5 of the forementioned report. These organisms -received their orders from the Rohstoffhandelsgesellschaft, which has -already been mentioned at the beginning of the statement on the economic -exploitation of Western Europe. - -The role of Roges was very important in the organization of the black -market. In effect it was four-fold: - -1) The purchasing directives, once the authorization had been given by -the central office in Brussels, were transmitted by Roges to the proper -purchasing office. - -2) The delivery of goods bought and marked for the Reich were made -through Roges which took charge of their distribution in Germany. Pg578 - -3) Roges financed the operations. - -4) It was Roges which was entrusted with paying the difference between -the rate of purchase—generally very high because of the black market -rate—and the fixed official rate of sale on the German domestic market. -The difference was covered by an equalizing fund, supplied from the -occupation costs account, to which the Reich Minister of Finance put -sums at the disposal of Roges through the channel of the Ministry of -Armament. - -The forementioned report furnishes a complete series of interesting -particulars on the functioning of the central organization itself. It is -interesting to note that the central office in Brussels was instructed -by order of the Military Commander in Belgium, dated 3 November 1942, to -have a branch at Lille set up for the north of France. At the same time, -the Brussels office was authorized to instruct its branch office at -Lille. In the document book, under Document Number RF-160, a final -report of the Lille office is mentioned. This report, drawn up on 20 May -1943, gives a whole series of interesting particulars on the functioning -of this organization. - -THE PRESIDENT: It is 5 o’clock now. M. Delpech, I think it would be the -wish of the Tribunal, if it were possible, for you to omit any parts of -this document which are on precisely the same principles with those -which have already been submitted to us in connection with the other -countries. If you could, I think that would be convenient for the -Tribunal. Of course, if there are any essential differences in the -treatment of Belgium then, no doubt, you would draw our attention to -them. - -M. DELPECH: Certainly, Your Honor. - - [_The Tribunal adjourned until 22 January 1946 at 1000 hours._] - - - - - TRANSCRIBER NOTES - -Punctuation and spelling have been maintained except where obvious -printer errors have occurred such as missing periods or commas for -periods. English and American spellings occur throughout the document; -however, American spellings are the rule, hence, ‘Defense’ versus -‘Defence’. Unlike prior Blue Series volumes I and II, all French, German -and eastern European names and terms include accents and umlauts: hence -Führer and Göring, etc. throughout. - -Although some sentences may appear to have incorrect spellings or verb -tenses, the original text has been maintained as it represents what the -tribunal read into the record and reflects the actual translations -between the German, English, Russian and French documents presented in -the trial. - -An attempt has been made to produce this eBook in a format as close as -possible to the original document's presentation and layout. - -[The end of _Trial of the Major War Criminals Before the International -Military Tribunal: Nuremberg 14 November 1945-1 October 1946 (Vol. 5)_, -by Various.] - - - - - -End of the Project Gutenberg EBook of Trial of the Major War Criminals -Before the International Militar, by Various - -*** END OF THIS PROJECT GUTENBERG EBOOK NUREMBERG TRIAL--MAJOR WAR CRIMINALS, VOL 5 *** - -***** This file should be named 54917-0.txt or 54917-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/9/1/54917/ - -Produced by Larry Harrison, Cindy Beyer, and the online -Distributed Proofreaders Canada team at -http://www.pgdpcanada.net with images provided by The -Internet Archives-US. - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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} - body { font-size:100%; } - </style> - </head> - <body> - - -<pre> - -The Project Gutenberg EBook of Trial of the Major War Criminals Before the -International Military Tribunal, Volume V, by Various - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Trial of the Major War Criminals Before the International Military Tribunal, Volume V - Nuremburg 14 November 1945-1 October 1946 - -Author: Various - -Release Date: June 16, 2017 [EBook #54917] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK NUREMBERG TRIAL--MAJOR WAR CRIMINALS, VOL 5 *** - - - - -Produced by Larry Harrison, Cindy Beyer, and the online -Project Gutenberg team at -http://www.pgdpcanada.net with images provided by The -Internet Archives-US. - - - - - - -</pre> - -<div class='figcenter'> -<img src='images/cover.jpg' alt='' id='iid-0000' style='width:380px;height:auto;'/> -</div> - -<hr class='pbk'/> - -<div class='lgc' style=''> <!-- rend=';' --> -<p class='line' style='margin-top:2em;font-size:1.5em;'>TRIAL</p> -<p class='line' style='margin-top:.2em;margin-bottom:.2em;font-size:.7em;'>OF</p> -<p class='line' style='font-size:1.5em;'>THE MAJOR WAR CRIMINALS</p> -<p class='line'> </p> -<p class='line' style='font-size:.7em;'>BEFORE</p> -<p class='line'> </p> -<p class='line' style='font-size:1.2em;'>THE INTERNATIONAL</p> -<p class='line' style='font-size:1.2em;'>MILITARY TRIBUNAL</p> -<p class='line'> </p> -<p class='line' style='font-size:.7em;'><span class='gesp'>NUREMBERG</span></p> -<p class='line' style='margin-top:.2em;font-size:.7em;'>14 NOVEMBER 1945-1 OCTOBER 1946</p> -<p class='line'> </p> -<div class='figcenter'> -<img src='images/title.jpg' alt='' id='iid-0001' style='width:80px;height:auto;'/> -</div> -<p class='line'> </p> -<p class='line'> </p> -<p class='line'> </p> -<p class='line' style='margin-top:4em;font-size:.7em;'><span class='gesp'>PUBLISHED AT NUREMBERG, GERMANY</span></p> -<p class='line' style='margin-top:.2em;font-size:.7em;'><span class='gesp'>1947</span></p> -</div> <!-- end rend --> - -<hr class='pbk'/> - -<div class='literal-container' style='margin-top:4em;margin-bottom:20em;'><div class='literal'> <!-- rend=';fs:.8em;' --> -<p class='line' style='font-size:.8em;'>This volume is published in accordance with the</p> -<p class='line' style='font-size:.8em;'>direction of the International Military Tribunal by</p> -<p class='line' style='font-size:.8em;'>the Secretariat of the Tribunal, under the jurisdiction</p> -<p class='line' style='font-size:.8em;'>of the Allied Control Authority for Germany.</p> -</div></div> <!-- end rend --> - -<hr class='pbk'/> - -<div class='figcenter'> -<img src='images/illo-3.jpg' alt='' id='iid-0002' style='width:380px;height:auto;'/> -</div> - -<hr class='pbk'/> - -<div class='lgc' style='margin-top:8em;margin-bottom:4em;'> <!-- rend=';' --> -<p class='line'>VOLUME V</p> -<p class='line'> </p> -<p class='line'> </p> -<hr class='tbk100'/> -<p class='line'> </p> -<p class='line' style='font-size:1.2em;'><span class='gesp'>OFFICIAL TEXT</span></p> -<p class='line'> </p> -<p class='line' style='font-size:.8em;'><span class='gesp'>IN THE</span></p> -<p class='line'> </p> -<p class='line' style='font-size:1.2em;'>ENGLISH LANGUAGE</p> -<p class='line'> </p> -<hr class='tbk101'/> -<p class='line'> </p> -<p class='line'> </p> -<p class='line' style='font-size:1.2em;'><span class='gesp'>PROCEEDINGS</span></p> -<p class='line'> </p> -<p class='line' style='font-size:.8em;'>9 January 1946 — 21 January 1946</p> -</div> <!-- end rend --> - -<hr class='pbk'/> - -<p class='line' style='text-align:center;margin-top:4em;margin-bottom:2em;font-size:1.5em;'>CONTENTS</p> - -<table id='tab1' summary='' class='center'> -<colgroup> -<col span='1' style='width: 6em;'/> -<col span='1' style='width: 17em;'/> -<col span='1' style='width: 2em;'/> -</colgroup> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirtieth Day, Wednesday, 9 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_1'>1</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_31'>31</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-first Day, Thursday, 10 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_65'>65</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_100'>100</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-second Day, Friday, 11 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_131'>131</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_159'>159</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-third Day, Monday, 14 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_197'>197</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-fourth Day, Tuesday, 15 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_230'>230</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_260'>260</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-fifth Day, Wednesday, 16 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_296'>296</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_329'>329</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-sixth Day, Thursday, 17 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_368'>368</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_399'>399</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-seventh Day, Friday, 18 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_434'>434</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_459'>459</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-eighth Day, Saturday, 19 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_489'>489</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'> </td><td class='tab1c3 tdStyle1'> </td></tr> -<tr><td class='tab1c1 tab1c1-col2 tdStyle0' colspan='2'>Thirty-ninth Day, Monday, 21 January 1946,</td><td class='tab1c3 tdStyle1'></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Morning Session</td><td class='tab1c3 tdStyle1'><a href='#Page_520'>520</a></td></tr> -<tr><td class='tab1c1 tdStyle0'></td><td class='tab1c2 tdStyle0'>Afternoon Session</td><td class='tab1c3 tdStyle1'><a href='#Page_547'>547</a></td></tr> -</table> - -<hr class='pbk'/> - -<div><span class='pageno' title='1' id='Page_1'></span><h1>THIRTIETH DAY<br/> <span style='font-size:smaller'>Wednesday, 9 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the -United Kingdom): If the Tribunal please, when the Tribunal -adjourned I had just dealt with the last of the two Norway documents, -which I how put in as Exhibits GB-140 and GB-141. Their -numbers are 004-PS and D-629.</p> - -<p class='pindent'>My Lord, for convenience the first document, to which I shall -refer in a few minutes, will be Document Number 1871-PS.</p> - -<p class='pindent'>THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have -that here.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: My Lord, before I come to that, -I just want to say one word about the aggression against the Low -Countries—Belgium, the Netherlands, and Luxembourg.</p> - -<p class='pindent'>The facts as to the aggression against these countries, during -the period when this defendant was Foreign Minister, were stated -in full by my friend Mr. Roberts, and I think if I give the Tribunal -the reference to the transcript at Pages 1100 to 1125 (Volume III, -Pages 289 to 307), I do not need to detain the Tribunal on that -part of the case. I only remind the Tribunal that the action of -this defendant as Foreign Minister to which attention may be -called is the making of a statement on the 10th of May 1940 to -representatives of the foreign press with regard to the reasons -for the German invasion of the Low Countries; and these reasons -were, in my respectful submission, demonstrated to be false by -the evidence called by Mr. Roberts, which appears in that part -of the transcript.</p> - -<p class='pindent'>My Lord, I then proceed to the aggression in southeastern -Europe against Greece and Yugoslavia, and the first moment of -time in that regard is the meeting at Salzburg in August 1939, -at which the Defendant Von Ribbentrop participated, when Hitler -announced that the Axis had decided to liquidate certain neutrals. -That is Document 1871-PS, which I now put in as Exhibit GB-142, -and the passage to which I should like to refer the Tribunal is -on Page 2 of the English version, two-thirds down the page in -the middle of the fifth paragraph, six lines from the top. Your -Lordship will find the words “Generally speaking.”</p> - -<p class='pindent'>THE PRESIDENT: Yes. -<span class='pageno' title='2' id='Page_2'></span></p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: I desire to quote from there:</p> - -<div class='blockquote'> - -<p class='noindent'>“Generally speaking, it would be best to liquidate the pseudo-neutrals -one after the other. This is fairly easily done if -one Axis partner protects the rear of the other, as the latter -finishes off one of the uncertain neutrals. Italy may consider -Yugoslavia such an uncertain neutral. At the visit of Prince -Regent Paul he (the Führer) suggested, particularly with -regard to Italy, that Prince Paul clarify his political attitude -towards the Axis by a gesture. He had thought of a closer -connection with the Axis and the withdrawal of Yugoslavia -from the League of Nations. Prince Paul agreed to the latter. -Recently the Prince Regent was in London and sought reassurance -from the Western Powers. The same thing was -repeated that happened in the case of Gafencu, who was -also very reasonable during his visit to Germany and who -denied any interest in the aims of the Western Democracies. -Afterwards it was learned that he had later assumed a -contrary standpoint in England. Among the Balkan countries -the Axis can completely rely only on Bulgaria, which is, in -a sense, a natural ally of Italy and Germany.”</p> - -</div> - -<p class='noindent'>Then missing a sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“At the moment of a turn for the worse for Germany and -Italy, however, Yugoslavia would join the other side openly, -hoping thereby to give matters a final turn to the disadvantage -of the Axis.”</p> - -</div> - -<p class='noindent'>That demonstrates the policy with regard to uncertain neutrals.</p> - -<p class='pindent'>Then, as early as September 1940 this defendant reviewed the -war situation with Mussolini. This defendant emphasized the -heavy revenge bombing raids in England and the fact that London -would soon be in ruins. It was agreed between the parties that -only Italian interests were involved in Greece and Yugoslavia and -that Italy could count on German support.</p> - -<p class='pindent'>Then Von Ribbentrop went on further to explain to Mussolini -the Spanish plan for the attack on Gibraltar and Germany’s participation -therein and that he was expecting to sign the protocol -with Spain, bringing the latter country into the war, on his return -to Berlin.</p> - -<p class='pindent'>This is Document 1842-PS, which is the next document in the -book to the one at which the Tribunal has just been looking, and -the passage with regard to Greece and Yugoslavia occurs in the -middle of the first page—if I might just read a very short extract:</p> - -<div class='blockquote'> - -<p class='noindent'>“With regard to Greece and Yugoslavia the Foreign Minister -stressed that it was exclusively a question of Italian interests, -the settling of which was a matter for Italy alone and -<span class='pageno' title='3' id='Page_3'></span> -in which Italy would be certain of Germany’s sympathetic -assistance.”</p> - -</div> - -<p class='noindent'>I don’t think I need trouble the Tribunal with the rest.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Francis Biddle, member for the United -States): I think you had better read the next paragraph.</p> - -<div class='blockquote'> - -<p class='noindent'>SIR DAVID MAXWELL-FYFE: “But it seemed to us to be -better not to touch on these problems for the time being, -but instead to concentrate on the destruction of England with -all our forces. Where Germany was concerned, she was -interested in the northern German districts (Norway, <span class='it'>et cetera</span>), -and this was acknowledged by the Duce.”</p> - -</div> - -<p class='noindent'>I am very grateful to you, Your Honor. That I put in as Exhibit -GB-143.</p> - -<p class='pindent'>A month or two later, in January 1941, at the meeting between -Hitler and Mussolini, in which this defendant participated, -the Greek operation was discussed. Hitler had stated that the -German troops in Romania were for use in the planned campaign -against Greece. That document is C-134, which was put in as -Exhibit GB-119, and therefore I do not propose to give it again -but to give the Tribunal the reference to the points which are -mentioned at the foot of Page 3 of the English text.</p> - -<p class='pindent'>With regard to that meeting there is a cross-reference in Count -Ciano’s diary, Count Ciano having attended as Italian Foreign -Minister, and he recalls his impression of that meeting in the -diary for the 20th and 21st of January by saying:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Duce is pleased with the conversation on the whole. -I am less pleased. Above all, because Ribbentrop, who had -always been so boastful in the past, told me, when I asked -him outright how long the war would last, that he saw no -possibility of its ending before 1942.”</p> - -</div> - -<p class='pindent'>Despite that somewhat pessimistic statement to Count Ciano, -a short time later, 3 weeks later, when it was a question of encouraging -the Japanese, this defendant took a more optimistic line.</p> - -<p class='pindent'>On the 13th of February 1941 he saw Ambassador Oshima, the -Japanese Ambassador, and that conversation appears in Document -1834-PS, which is Exhibit USA-129. That was read previously, -and again I simply give the reference on Page 3 of the English -version.</p> - -<p class='pindent'>The second from the last paragraph dealt with the optimistic -account of the military position and the position of Bulgaria and -Turkey. I do not think I need read it further, but I will give the -Tribunal the reference.</p> - -<p class='pindent'>Then after that, in March, this defendant put forth his efforts -to get Yugoslavia to join the Axis, and on the 25th of March the -<span class='pageno' title='4' id='Page_4'></span> -defendant, in a note to the Prime Minister Cvetković—and this is -Document 2450-PS, which is Exhibit GB-123—gave the assurance:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Axis-Power Governments, during this war, will not -direct a demand to Yugoslavia to permit the march or -transportation of troops through the Yugoslav state or territory.”</p> - -</div> - -<p class='pindent'>After that, it is only fair to point out that there was the <span class='it'>coup -d’état</span> in Yugoslavia. General Simovic took over the government; -and two days after the assurance which I just read, at the meeting -of the 27th of March 1941, at which this defendant was present, -Hitler outlined the military campaign against Yugoslavia and -promised the destruction of Yugoslavia and the demolition of -Belgrade by the German Air Force. That is contained in Document -1746-PS, which is Exhibit GB-120; and that was read by my friend, -Colonel Phillimore at an earlier stage so I do not need to read -it again.</p> - -<p class='pindent'>The final action of this defendant with regard to Yugoslavia -was that after the invasion of Yugoslavia Von Ribbentrop was one -of the persons directed by Hitler to draw up the boundaries for -the partition and division of Yugoslavia. The preliminary directive -for that is Document 1195-PS, which I now put in as Exhibit -GB-144.</p> - -<p class='pindent'>We now come to the aggression against the Soviet Union, and -the first. . .</p> - -<p class='pindent'>THE PRESIDENT: Has that been read, 1195?</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: No, it has not. I am much -obliged, Your Lordship. I will now read the relevant sentence with -regard to this.</p> - -<p class='pindent'>On Page 2, Section 2, Your Lordship will see the words “the -drawing up of boundaries.” And in Paragraph 1 it says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Insofar as the drawing up of boundaries has not been laid -down in the above Part I, it will be carried out by the -Supreme Command of the Armed Forces in agreement with -the Foreign Office,”—that is this defendant—“the Delegate -for the Four Year Plan,”—the Defendant Göring—“and the -Reich Minister of the Interior.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Who is the Reich Minister of the Interior?</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: I think the Defendant Frick.</p> - -<p class='pindent'>THE PRESIDENT: Yes, I think it is.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: My Lord, I am grateful to Your -Lordship. I had forgotten that had not been read before.</p> - -<p class='pindent'>Now then, as I say, we come to the aggression against the -Soviet Union; and the first document which has not been put in -<span class='pageno' title='5' id='Page_5'></span> -so far, which I now put in as Exhibit GB-145, is TC-25, the German-Soviet -Non-aggression Pact.</p> - -<p class='pindent'>On 23 August 1939 this defendant had signed the German-Soviet -Non-aggression Pact. Now the first point at which this -defendant seems to have considered special problems of aggression -against the Soviet Union was just after the 20th of April 1941, -when the Defendant Rosenberg and this defendant met or communicated -to consider the problems which were expected to arise -in Occupied Eastern Territory. This defendant appointed his -Counselor, Grosskopf, to be his liaison man with Rosenberg and -also assigned a consul general called Bräutigam, who had many -years experience in the U.S.S.R., as collaborator with Rosenberg. -That is shown in Document 1039-PS, which is already Exhibit -USA-146. I did not propose to read it again, as it had been read. -But the passage to which I have referred is the first paragraph -on the top of Page 2, beginning, “After notification to the Reich -Foreign Minister.” It is that paragraph which I have just mentioned.</p> - -<p class='pindent'>That was in April 1941. The following month, on 18 May 1941, -the German Foreign Office prepared a declaration setting forth -operational zones in the Arctic Ocean, the Baltic and the Black -Seas, to be used by the German Navy and the Air Force in the -coming invasion of the Soviet Union. That is the next document, -C-77, which I now put in as Exhibit GB-146, and it is very short. -Therefore I think I should quote it; it has not been read before:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Foreign Office has prepared for the use in ‘Barbarossa’ -the attached draft of a declaration of operational zones. The -Foreign Office, however, has reserved the decision as to the -date when the declaration will be issued as well as the discussion -of particulars.”</p> - -</div> - -<p class='pindent'>These last two documents show quite clearly that this defendant -was again implicated in the preparation for this act of aggression. -Then, on the 22d of June 1941, this defendant announced to the -world that the German armies were invading the U.S.S.R., as was -seen by the Tribunal in the film shown on the 11th of December. -And how untrue were the reasons given is shown by the report -of his own Ambassador in Moscow who said that everything was -being done to avoid a conflict. The Tribunal will find the reference -to that in the speech of my learned friend, the Attorney General, -the transcript at Page 888 (Volume III, Page 143).</p> - -<p class='pindent'>We now come to the aggression which involved Japan and was -directed against the United States of America. And there the -initial document is 2508-PS, which I now put in as Exhibit GB-147. -That shows that on the 25th of November 1936, as a result -of negotiations of this defendant as Ambassador-at-large, Germany -and Japan had signed the Anticomintern Pact. I do not think -<span class='pageno' title='6' id='Page_6'></span> -that has been read, but if I might just read the introduction, the -recital that gives the purposes of the agreement:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Government of the German Reich and the Imperial -Japanese Government, recognizing that the aim of the Communist -International, known as the Comintern, is to disintegrate -and subdue existing states by all the means at its -command, convinced that the toleration of interference by -the Communist International in the internal affairs of -the nations not only endangers their internal peace and -social well-being but is also a menace to the peace of the -world, desirous of co-operating in the defense against Communist -subversive activities, have agreed as follows. . . .”</p> - -</div> - -<p class='pindent'>And then there follow the effective terms of the agreement -under which they will act together for 5 years. It is signed by -this defendant.</p> - -<p class='pindent'>On the 27th of September 1940 this defendant, as Foreign -Minister, signed the Tripartite Pact with Japan and Italy, thereby -bringing about a full-scale military and economic alliance for the -creation of a “New Order” in Europe and East Asia. That is -2643-PS, Exhibit USA-149, and has been read.</p> - -<p class='pindent'>Then, on the 13th of February of 1941—that is a month or two -later—this defendant was urging the Japanese to attack British -possessions in the Far East. And that is shown in Document 1834-PS, -which is Exhibit USA-129 and which has already been read by -my friend, Mr. Alderman. That was February.</p> - -<p class='pindent'>Then, in April of 1941, at a meeting between Hitler and -Matsuoka, representing Japan, at which this defendant was present, -Hitler promised that Germany would declare war on the United -States in the event of war occurring between Japan and the United -States as a result of Japanese aggression in the Pacific. That is -shown in Document 1881-PS, Exhibit USA-33, which has already -been read and which I did not intend to read again.</p> - -<p class='pindent'>Then the next document which reinforces that point is 1882-PS, -which is Exhibit USA-153. If I might trouble the Tribunal with -just two short paragraphs of that; it is interesting, showing the -psychological development of this defendant and his views at that -time. They are the first two paragraphs that are quoted, under -the heading “Pages 2 and 3,” where it begins “Matsuoka”; it is -on the first page of the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“Matsuoka then spoke of the general high morale in Germany, -referring to the happy faces he had seen everywhere -among the workers during his recent visit to the Borsig -works. He expressed his regret that developments in Japan -were not yet as far advanced as in Germany and that in his -country the intellectuals still exercised considerable influence.</p> -<hr class='tbk102'/> -<p class='noindent'><span class='pageno' title='7' id='Page_7'></span> -“The Reich Foreign Minister replied that at best a nation -which had realized its every ambition could afford the luxury -of intellectuals, some of whom are parasites, anyway.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: It is “most,” according to my document.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: Oh, “most”; I beg Your Lordship’s -pardon, it is completely my fault, it should be “most,” “most -of whom are parasites, anyway.”</p> - -<div class='blockquote'> - -<p class='noindent'>“A nation, however, which has to fight for a place in the sun -must give them up. The intellectuals ruined France; in -Germany they had already started their pernicious activities -when National Socialism put a stop to these doings; they -will surely be the cause of the downfall of Britain, which -is to be expected with certainty.”</p> - -</div> - -<p class='pindent'>Then it continues on the usual lines. That last document was -on the 5th of April.</p> - -<p class='pindent'>Then, the next stage: Within a month after the German Armies -invaded the Soviet Union, the 22d of June 1941, Ribbentrop was -urging his Ambassador in Tokyo to do his utmost to cause the -Japanese Government to attack the Soviet in Siberia; and that is -proved by two documents which have already been put in—2896-PS, -which is Exhibit USA-155, a telegram to the German Ambassador, -in Tokyo, one Ott; and 2897-PS, USA-156, which is the reply from -Ambassador Ott. Both of these were read by my friend, Mr. Alderman, -and I won’t trouble the Tribunal again.</p> - -<p class='pindent'>But the next document, which is D-656, is a new document -which I put in as GB-148. That was captured from the Japanese, -and it is a message—intercepted—which was sent by the Japanese -Ambassador in Berlin just before the attack on the United States. -If I might just read one short extract from this defendant’s speech; -on the 29th of November 1941, that is roughly a week before Pearl -Harbor, this defendant was saying—it is in Paragraph 1, and I will -read it all because it is new:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ribbentrop opened our meeting by again inquiring whether -I had received any reports regarding the Japanese-United -States negotiations. I replied that I had received no official -word.</p> -<hr class='tbk103'/> -<p class='noindent'>“Ribbentrop: ‘It is essential that Japan effect the New Order -in East Asia without losing this opportunity. There never has -been and probably never will be a time when closer co-operation -under the Tripartite Pact is so important. If Japan -hesitates at this time and Germany goes ahead and establishes -her European New Order, all the military might of Britain -and the United States will be concentrated against Japan. -<span class='pageno' title='8' id='Page_8'></span></p> -<hr class='tbk104'/> -<p class='noindent'>“ ‘As Führer Hitler said today, there are fundamental differences -in the very right to exist between Germany and Japan, -and the United States. We have received advice to the effect -that there is practically no hope of the Japanese-United States -negotiations being concluded successfully because of the fact -that the United States is putting up a stiff front.</p> -<hr class='tbk105'/> -<p class='noindent'>“ ‘If this is indeed the fact of the case and if Japan reaches -a decision to fight Britain and the United States, I am confident -that will not only be to the interest of Germany -and Japan jointly but would bring about favorable results for -Japan herself.’ ”</p> - -</div> - -<p class='pindent'>Then the Ambassador replied:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘I can make no definite statement as I am not aware of any -concrete intentions of Japan. Is Your Excellency indicating -that a state of actual war is to be established between Germany -and the United States?’ ”</p> - -</div> - -<p class='pindent'>The Defendant Ribbentrop:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘Roosevelt’s a fanatic, so it is impossible to tell what he -would do.’ ”</p> - -</div> - -<p class='pindent'>Then:</p> - -<div class='blockquote'> - -<p class='noindent'>“Concerning this point, in view of the fact that Ribbentrop -has said in the past that the United States would undoubtedly -try to avoid meeting German troops, and from the tone of -Hitler’s recent speech as well as that of Ribbentrop’s, I feel -that the German attitude toward the United States is being -considerably stiffened. There are indications at present that -Germany would not refuse to fight the United States if -necessary.”</p> - -</div> - -<p class='pindent'>Then the next part, Section 2, is an extremely optimistic prognosis -of the war against the Soviet Union. I do not think, in view -of the date in which we are reading it, that I need trouble the -Tribunal with that.</p> - -<p class='pindent'>There are then a few remarks about the intended landing operations -against England, which is also <span class='it'>vieux jeu</span> at this time.</p> - -<p class='pindent'>If the Tribunal would go to Part 3, there again we get the international -attitude of mind of this defendant—at the foot of Page 2, -Part 3; and I am quoting:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘In any event Germany has absolutely no intention of -entering into any peace with England. We are determined to -remove all British influence from Europe. Therefore, at the -end of this war, England will have no influence whatsoever -in international affairs. The island empire of Britain may -remain, but all of her other possessions throughout the world -will probably be divided three ways by Germany, the United -<span class='pageno' title='9' id='Page_9'></span> -States and Japan. In Africa, Germany will be satisfied with, -roughly, those parts which were formerly German colonies. -Italy will be given the greater share of the African colonies. -Germany desires, above all else, to control European Russia.’ ”</p> - -</div> - -<p class='pindent'>And after hearing this defendant, the Ambassador said; and I -quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘I am fully aware of the fact that Germany’s war campaign -is progressing according to schedule smoothly. However, -suppose that Germany is faced with the situation of having -not only Great Britain as an actual enemy but also all of -those areas in which Britain has influence, and those countries -which have been aiding Britain as actual enemies, as well. -Under such circumstances, the war area will undergo considerable -expansion, of course. What is your opinion of the -outcome of the war under such an eventuality?’ ”</p> - -</div> - -<p class='pindent'>The Defendant Ribbentrop:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘We would like to end this war during next year.’ ”—that is, -1942—“ ‘However, under certain circumstances it is possible -that it will have to be continued into the following year.</p> -<hr class='tbk106'/> -<p class='noindent'>“ ‘Should Japan become engaged in a war against the United -States. . .’ ”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: You are going a little bit too fast.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, I am -sorry. I will go back to the paragraph I have just finished.</p> - -<p class='pindent'>The Defendant Ribbentrop—and I am still quoting:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘We would like to end this war during next year. However, -under certain circumstances it is possible that it will have to -be continued into the following year.</p> -<hr class='tbk107'/> -<p class='noindent'>“ ‘Should Japan become engaged in a war against the United -States, Germany, of course, would join the war immediately. -There is absolutely no possibility of Germany’s entering into -a separate peace with the United States under such circumstances. -The Führer is determined on that point.’ ”</p> - -</div> - -<p class='pindent'>That document associates this defendant with the aggression by -Japan against the United States in the closest possible way.</p> - -<p class='pindent'>Another new document, which is also an intercepted Japanese -diplomatic message, is the next one, D-657, which I put in as Exhibit -GB-149; and if I might read the first two sentences that show what -it is—and I quote—the Japanese Ambassador says:</p> - -<div class='blockquote'> - -<p class='noindent'>“At 1:00 p. m. today”—the 8th of December—“I called on -Foreign Minister Ribbentrop and told him our wish was to -have Germany and Italy issue formal declarations of war on -America at once. Ribbentrop replied that Hitler was then in -<span class='pageno' title='10' id='Page_10'></span> -the midst of a conference at general headquarters, discussing -how the formalities of declaring war could be carried out so -as to make a good impression on the German people, and that -he would transmit your wish to him at once and do whatever -he could to have it carried out promptly. At that time Ribbentrop -told me that on the morning of the 8th”—that is before -the declaration of war—“Hitler issued orders to the entire -German Navy to attack American ships whenever and wherever -they might meet them.</p> -<hr class='tbk108'/> -<p class='noindent'>“It goes without saying that this is only for your secret information.”</p> - -</div> - -<p class='pindent'>Then, as a matter of fact, as the Tribunal are aware, on the 11th -of December 1941 this Defendant Ribbentrop, in the name of the -German Government, announced a state of war between Germany -and the United States.</p> - -<p class='pindent'>The next stage concerns his attempt to get Japan to attack the -Soviet Union.</p> - -<p class='pindent'>In Ribbentrop’s conversations with Oshima, the Japanese Ambassador, -in July 1942 and in March and April 1943, he continued -to urge Japanese participation and aggression against the Soviet -Union. This is shown in Document 2911-PS, which has been put in -as Exhibit USA-157 and already read, and Document 2954-PS, which -I now put in as GB-150. That is a new document; and if I might -just indicate the effect of it by a very short quotation—it is a discussion -between the Defendant Ribbentrop and Ambassador Oshima. -It begins:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ambassador Oshima declared that he has received a telegram -from Tokyo; and he is to report, by order of his Government, -to the Reich Minister for Foreign Affairs the following:</p> -<hr class='tbk109'/> -<p class='noindent'>“The suggestion of the German Government to attack Russia -was the object of a common conference between the Japanese -Government and the Imperial headquarters, during which the -question was discussed in detail and investigated exactly. The -outcome is the following: The Japanese Government thoroughly -recognize the danger which threatens from Russia and completely -understand the desire of their German ally that Japan -on her part also enter the war against Russia. However, it is -not possible for the Japanese Government, considering the -present war situation, to enter the war. They are rather of -the conviction that it would be in the common interest not to -start the war against Russia now. On the other hand, the -Japanese Government will never lose sight of the Russian -question.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='11' id='Page_11'></span></p> - -<p class='pindent'>And then, in the middle of the next paragraph, this defendant -returns to the attack. The third sentence—it begins on the fourth -line—says:</p> - -<div class='blockquote'> - -<p class='noindent'>“However, it would be more correct that all powers allied in -the Three Power Pact, would combine their forces to strike -together at not only England and America, but also Russia. It -is not good if one part must fight alone.”</p> - -</div> - -<p class='pindent'>Then the pressure on Japan to attack Russia is shown again in -the next document, 2929-PS, which was put in as Exhibit USA-159. -And, if I might just close this part of the case, if I might read that—it -is very short:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Reich Minister for Foreign Affairs then stressed again -that without any doubt this year presented the most favorable -opportunity for Japan, if she felt strong enough and had -sufficient antitank weapons at her disposal to attack Russia, -which certainly would never again be as weak as at the -moment”—the moment being 18 April 1943.</p> - -</div> - -<p class='pindent'>If the Tribunal please, that concludes my evidence on the second -allegation dealing with aggressive war; and I submit that that allegation -in the Indictment is more than amply proved.</p> - -<p class='pindent'>The third allegation is that the Defendant Ribbentrop authorized, -directed, and participated in War Crimes and Crimes against -Humanity.</p> - -<p class='pindent'>Of course, I am considering this from the point of view of -planning these crimes only. The execution of the crimes will be -dealt with by my friends and Soviet colleagues, but it is relevant -to show how this defendant participated in the planning of such -crimes. I deal, first, with the killing of Allied aviators; secondly, -with the destruction of peoples in Europe; and thirdly, with the -persecution of the Jews.</p> - -<p class='pindent'>First, the killing of Allied aviators:</p> - -<p class='pindent'>With the increasing air raids on German cities in 1944 by Allied -Air Forces, the German Government proposed to undertake a plan -to deter Anglo-American fliers from further raids on the Reich cities. -In a report of a meeting at which a definite policy was to be established, -there is stated what was the point of view that this Defendant -Ribbentrop had been urging. That is in Document 735-PS, which -I now put in as Exhibit GB-151. That is a discussion of a meeting -at the Führer’s headquarters on the 6th of June 1944. If I might -read the first paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Obergruppenführer Kaltenbrunner informed the Deputy -Chief of Operations Staff”—WFSt—“in Klessheim on the -afternoon of the 6th of June that a conference on this question -had been held shortly before by the Reich Marshal”—the -<span class='pageno' title='12' id='Page_12'></span> -Defendant Göring—“the Reich Foreign Minister”—the Defendant -Von Ribbentrop—“and the Reichsführer SS.”—Himmler—“Contrary -to the original suggestion made by the Reich -Foreign Minister, who wished to include every type of terror -attack on the German civilian population, including bombing -attacks on cities, it was agreed in the above conference that -merely those attacks carried out with aircraft armament aimed -directly at the civilian population and their property should -be taken as the standard for the evidence of a criminal action -in this sense. Lynch law would have to be the rule, there was -no mention of trial by court-martial or handing over to the -police.”</p> - -</div> - -<p class='pindent'>That is, this defendant was pressing that even where there was -an attack on a German city, the airmen should be handed over to -be lynched by the crowd. The others were saying that that should -be restricted to cases where there were attacks by machine guns, -and the like, on the civilian population.</p> - -<p class='pindent'>I do not think we need trouble with Paragraph (a) of the statement -of the Deputy Chief of WFSt. The importance of (a) goes -because Kaltenbrunner says that there were no such cases as were -mentioned.</p> - -<p class='pindent'>If you look at (b):</p> - -<div class='blockquote'> - -<p class='noindent'>“The Deputy Chief of the WFSt pointed out that, besides the -lynch law, a procedure must be worked out for segregating -such enemy aviators who are suspected of criminal action of -this kind by sending them to the reception camp for aviators -at Oberursel and, if the suspicion was confirmed, handing -them over to the SD for special treatment.”</p> - -</div> - -<p class='pindent'>As I understand that, it is that if they were not lynched under -the first scheme, by the crowd, then they were to be kept from -prisoners of war, where they would, of course, be subject to the -protecting power’s intervention. And if the suspicion was confirmed, -they would be handed over to the SD to be killed.</p> - -<p class='pindent'>Then in Paragraph 3 we have what was decided to justify the -lynch law. Paragraph 3 says:</p> - -<div class='blockquote'> - -<p class='noindent'>“At a conference with Colonel Von Brauchitsch (Colonel of -the Air Force) on the 6th of June, it was settled that the -following actions are to be regarded as terror actions justifying -lynch law:</p> -<hr class='tbk110'/> -<p class='noindent'>“Low-level attacks with aircraft armament on the civilian -population, single persons as well as crowds.</p> -<hr class='tbk111'/> -<p class='noindent'>“Shooting in the air our own (German) men who had bailed out.</p> -<hr class='tbk112'/> -<p class='noindent'>“Attacks with aircraft armament on passenger trains in the -public service. -<span class='pageno' title='13' id='Page_13'></span></p> -<hr class='tbk113'/> -<p class='noindent'>“Attacks with aircraft armament on military hospitals, hospitals, -and hospital trains, which are clearly marked with the -red cross.”</p> - -</div> - -<p class='pindent'>These were to be the subject of lynching and not, as this defendant -had suggested, a case where there was the bombing of a city.</p> - -<p class='pindent'>Then on the next page, the last page of this document, we have -a somewhat curious comment from the Defendant Keitel:</p> - -<div class='blockquote'> - -<p class='noindent'>“Remarks by the Chief of the OKW on the agenda dated 6 -June 1944.”</p> - -</div> - -<p class='noindent'>The number is that of the document at which the Tribunal has just -been looking.</p> - -<div class='blockquote'> - -<p class='noindent'>“Most secret; Staff officers only.</p> -<hr class='tbk114'/> -<p class='noindent'>“If one allows the people to carry out lynch law, it is difficult -to enforce rules.</p> -<hr class='tbk115'/> -<p class='noindent'>“Ministerial Director Berndt got out and shot the enemy -aviator on the road. I am against legal procedure. It doesn’t -work out.”—Signed—“Keitel.”</p> - -</div> - -<p class='noindent'>Then the Defendant Jodl’s comment appears:</p> - -<div class='blockquote'> - -<p class='noindent'>“This conference is insufficient. The following points must be -decided quite definitely in conjunction with the Foreign Office:</p> -<hr class='tbk116'/> -<p class='noindent'>“1. What do we consider as murder? Is the Foreign Office in -agreement with point 3b?</p> -<hr class='tbk117'/> -<p class='noindent'>“2. How should the procedure be carried out? a. By the -people? b. By the authorities?</p> -<hr class='tbk118'/> -<p class='noindent'>“3. How can we guarantee that the procedure will not be also -carried out against other enemy aviators?</p> -<hr class='tbk119'/> -<p class='noindent'>“4. Should some legal procedure be arranged or not?”—Signed—“Jodl.”</p> - -</div> - -<p class='pindent'>It is important, I respectfully submit, to note that this defendant -and the Foreign Office were fully in on these breaches of the laws -and usages of war, and indeed the clarity with which the Foreign -Office perceives that there were breaches of the laws and usages of -war, is shown by the next document, which is 728-PS, which I now -put in as GB-152. That is a document from the Foreign Office, -approved of by the Defendant Ribbentrop and transmitted by one -of his officials called Ritter; and the fact that it is approved by this -defendant is specifically stated in the next Document 740-PS, which -I put in as GB-153. I do not think this Document 728-PS has been -read before, and therefore, again, I would like to read just one or -two passages in it. It begins:</p> - -<div class='blockquote'> - -<p class='noindent'>“In spite of the obvious objections, based on international law -and foreign policy, the Foreign Office is basically in agreement -with the proposed measures. -<span class='pageno' title='14' id='Page_14'></span></p> -<hr class='tbk120'/> -<p class='noindent'>“In the examination of the individual cases a distinction must -be made between the cases of lynching and the cases of special -treatment by the SD.</p> -<hr class='tbk121'/> -<p class='noindent'>“I. In the cases of lynching, the precise establishment of the -facts involving punishment, according to points 1 through 4 -of the communication of 15 June, is not very essential. First, -the German authorities are not directly responsible, since the -death will have occurred before a German official becomes -concerned with the case. Furthermore, the accompanying -circumstances will be such, that it will not be difficult to -represent the case in an appropriate manner upon publication. -Hence, in cases of lynching it will be of primary importance -correctly to handle the individual case upon publication.</p> -<hr class='tbk122'/> -<p class='noindent'>“II. The suggested procedure for special treatment by the SD, -including subsequent publication, would be feasible only if -Germany would at the same time openly repudiate the commitments -of international law, at present in force and still -recognized by Germany. When an enemy aviator is seized by -the Army or by the Police and is delivered to the reception -camp for aviators at Oberursel, he has acquired by this very -fact the legal status of a prisoner of war.</p> -<hr class='tbk123'/> -<p class='noindent'>“The Prisoner-of-War Agreement of 27 July 1929 established -definite rules for the prosecution and sentencing of prisoners -of war and the execution of the death penalty, as for example -in Article 66: Death sentences may be carried out only 3 -months after the Protecting Power has been notified of the -sentence. In Article 63: A prisoner of war will be tried only -by the same courts and under the same procedure as members -of the German Armed Forces. These rules are so specific that -it would be futile to try to cover up any violation of them by -clever wording of the publication of an individual incident. -On the other hand, the Foreign Office cannot recommend on -this occasion a formal repudiation of the Prisoner-of-War -Agreement.</p> -<hr class='tbk124'/> -<p class='noindent'>“An emergency solution would be to prevent suspected enemy -fliers from ever attaining a legal prisoner-of-war status, that -is, that immediately upon capture they be told that they are -not considered prisoners of war but criminals, that they -would not be turned over to the agencies having jurisdiction -over prisoners of war, hence not go to a prisoner-of-war camp, -but that they be delivered to the authorities in charge of the -prosecution of criminal acts, and that they be tried in summary -proceedings. If the evidence at the trial should reveal -that the special procedure is not applicable to a particular -case, the fliers concerned may subsequently be given the -<span class='pageno' title='15' id='Page_15'></span> -status of prisoner of war by transfer to the reception camp -for aviators at Oberursel.</p> -<hr class='tbk125'/> -<p class='noindent'>“Naturally, not even this expedient will prevent the possibility -of Germany’s being accused of violation of existing treaties or -even the adoption of reprisals upon German prisoners of war. -At any rate this solution would enable us to follow a clearly -defined course, thus relieving us of the necessity of openly -having to renounce the present agreements or of the need of -having to use excuses which no one would believe, upon the -publication of each individual case.”</p> - -</div> - -<p class='pindent'>I do not want to take this in detail, but I ask the Tribunal to -look at the first sentence of Section III:</p> - -<div class='blockquote'> - -<p class='noindent'>“It follows from the above that the main weight of the action -will have to be placed on lynchings. Should the campaign be -carried out to such an extent that the purpose, to wit: the -deterrence of enemy aviators, is actually achieved, which goal -is favored by the Foreign Office, then the strafing attacks by -enemy fliers directing the fire of their weapons upon the -civilian population must be stressed in a completely different -propagandist manner than heretofore.”</p> - -</div> - -<p class='pindent'>I don’t think I need trouble the Tribunal, but that shows quite -clearly the defendant’s point of view. If the Tribunal would look at -the next document, it is stated at the beginning of the second -paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ambassador Ritter has advised us by telephone on 29 June -that the Minister for Foreign Affairs has approved this -draft. . . .”</p> - -</div> - -<p class='pindent'>That is the position as to the treatment of aviators, where there -is, in my suggestion, a completely cold-blooded and deliberate -adoption of a procedure evading international law.</p> - -<p class='pindent'>The second section is the destruction of the peoples in Europe. -With regard to Poland, again I want scrupulously to avoid going -into details; but I remind the Tribunal of the evidence of the Witness -Lahousen, which appears in the transcript, Pages 618 and 619 (Volume -II, Pages 448-449) on the 30th of November of last year, and -on Pages 713 to 716 (Volume III, Pages 20-25), when he was cross-examined -on the 1st of December.</p> - -<p class='pindent'>Secondly, Bohemia and Moravia: On the 16th of March 1939 -there was promulgated the decree of the Führer and Reich Chancellor, -signed by Ribbentrop, concerning the Protectorate of Bohemia -and Moravia. That is already in as Exhibit GB-8, Document TC-51. -The effect of that was to place the Reich Protector in a remarkable -position of supremacy under the Führer. The only part which I -would like the Tribunal to have in mind is Article 5 and Subarticle 2: -<span class='pageno' title='16' id='Page_16'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“2. The Reich Protector, as representative of the Führer and -Chancellor of the Reich and as Commissioner of the Reich -Government, is charged with the duty of seeing to the observance -of the political principles laid down by the Führer -and Chancellor of the Reich.</p> -<hr class='tbk126'/> -<p class='noindent'>“3. The members of the Government of the Protectorate shall -be confirmed by the Reich Protector. The confirmation may -be withdrawn.</p> -<hr class='tbk127'/> -<p class='noindent'>“4. The Reich Protector is entitled to inform himself of all -measures taken by the Government of the Protectorate and to -give advice. He can object to measures calculated to harm -the Reich and, in cases of danger, issue ordinances required -for the common interest.</p> -<hr class='tbk128'/> -<p class='noindent'>“5. The promulgation of laws, decrees, and other legal provisions -and the execution of administrative measures and -legal judgments shall be suspended if the Reich Protector -enters an objection.”</p> - -</div> - -<p class='pindent'>As a result of this law, the two Reich Protectors of Bohemia and -Moravia and their various deputies were appointed; and then there -were committed the various crimes which will be detailed by my -Soviet colleague.</p> - -<p class='pindent'>Similarly, with regard to the Netherlands on the 18th of May -1940, a decree of the Führer was signed by Ribbentrop concerning -the exercise of governmental authority in the Netherlands, and that—Document -639-PS, which I put in as Exhibit GB-154, Section 1—says:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Occupied Netherlands Territories shall be administered -by the Reich Commissioner for the Occupied Netherlands -Territories . . . the Reich Commissioner is guardian of the -interests of the Reich and vested with supreme civil authority.</p> -<hr class='tbk129'/> -<p class='noindent'>“Dr. Arthur Seyss-Inquart is hereby appointed Reich Commissioner -for the Occupied Netherlands Territories.”</p> - -</div> - -<p class='pindent'>On the basis of this decree, the Reich Commissioner—the Defendant -Seyss-Inquart—promulgated such orders as that of the 4th of -July 1940, dealing with the confiscation of property of those who -had, or might have, furthered activities hostile to the German Reich; -and tentative arrangements were made for the resettlement of the -Dutch population. But all this will also be dealt with fully by my -French colleagues.</p> - -<p class='pindent'>I simply for the moment put in as a matter of reference the -general order of the Defendant Seyss-Inquart, which is GB-155, the -document being 2921-PS. I do not intend to read it. I have summarized -the effect of it and it will be dealt with more fully by my -French colleagues.</p> - -<p class='pindent'>I want the Tribunal to appreciate, with regard to these two -matters, Bohemia and the Netherlands, that the charge against this -<span class='pageno' title='17' id='Page_17'></span> -defendant is laying the basis and procuring the governmental structure -under which the War Crimes and Crimes against Humanity -were directed.</p> - -<p class='pindent'>I should also put in formally Exhibit GB-156, the discussion on -the question of the Dutch population, which is contained in Document -1520-PS. Again I have explained it generally and I do not -want to occupy time by reading it in full now.</p> - -<p class='pindent'>Then coming to the Jews: In December 1938 the Defendant -Ribbentrop, in a conversation with M. Bonnet, who was then Foreign -Minister of France, expressed his opinion of the Jews. That was -reported by the United States Ambassador, Mr. Kennedy, to the -State Department. The report of Mr. Kennedy is Document L-205, -which I now put in as Exhibit GB-157. If I might read to the Tribunal -the second paragraph, which concerns this point:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the day we had a telephone call from Berenger’s office -in Paris. We were told that the matter of refugees had been -raised by Bonnet in his conversation with Von Ribbentrop. -The result was very bad. Ribbentrop, when pressed, had said -to Bonnet that the Jews in Germany, without exception, were -pickpockets, murderers, and thieves. The property they -possessed had been acquired illegally. The German Government -had therefore decided to assimilate them with the -criminal elements of the population. The property which they -had acquired illegally would be taken from them. They would -be forced to live in districts frequented by the criminal classes. -They would be under police observation like other criminals. -They would be forced to report to the police as other criminals -were obliged to do. The German Government could not help -it if some of these criminals escaped to other countries which -seemed so anxious to have them. It was not, however, willing -for them to take the property which had resulted from illegal -operations with them. There was in fact nothing that it could -or would do.”</p> - -</div> - -<p class='pindent'>That succinct statement of this defendant’s views on Jews is -elaborated in a long document which he had sent out by the Foreign -Office, which is numbered 3358-PS, which I put in as Exhibit GB-158. -I do not want to read the whole of that document because it is -excessively dreary; it is also an excessively clear indication of the -defendant’s views on the treatment of Jews. But if the Tribunal -would look at, first of all, Page 3—it is headed, “The Jewish Question -as a Factor in German Foreign Policy in the Year 1938”; after the -four divisions the document goes on to say:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is certainly no coincidence that the fateful year 1938 has -brought nearer the solution of the Jewish question simultaneously -with the realization of the ‘idea of Greater Germany,’ -<span class='pageno' title='18' id='Page_18'></span> -since the Jewish policy was both the basis and consequence of -the events of the year 1938.”</p> - -</div> - -<p class='pindent'>That is elaborated. If the Tribunal will turn over to Page 4 at -the beginning of the second paragraph, they will see the first sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The final goal of German Jewish policy is the emigration of -all the Jews living in Reich territory.”</p> - -</div> - -<p class='pindent'>Then that is developed at great length through a large number -of pages. The conclusion which is—if the Tribunal would turn to -the foot of Page 7 and examine it—it goes on this way:</p> - -<div class='blockquote'> - -<p class='noindent'>“These examples from reports from authorities abroad can, if -desired, be amplified. They confirm the correctness of the -expectation that criticism of the measures for excluding Jews -from German Lebensraum, which were misunderstood in -many countries for lack of evidence, would be only temporary -and would swing in the other direction the moment the -population saw with its own eyes and thus learned what the -Jewish danger was to them. The poorer and therefore the -more burdensome the immigrant Jew is to the country absorbing -him, the stronger this country will react and the more -desirable is this effect in the interest of German propaganda. -The object of this German action is to be a future international -solution of the Jewish question, dictated not by false compassion -for the ‘United Religious Jewish Minority’ but by the -full consciousness of all peoples of the danger which it represents -to the racial composition of the nations.”</p> - -</div> - -<p class='pindent'>The Tribunal will appreciate that this document was circulated -by the defendant’s ministry, widely circulated to all senior Reich -authorities and to numerous people before the war, on the 25th of -January 1939, just after the statement to M. Bonnet. Apparently -the anti-Semitism of the defendant went from—I was going to say -from strength to strength, if that is the correct term, or at any rate -from exaggeration to exaggeration, for in June 1944 the Defendant -Rosenberg made arrangements for an international anti-Jewish congress -to be held in Kraków on the 11th of July 1944. The honorary -members were to be Von Ribbentrop, Himmler, Goebbels, and -Frank—I think the Defendant Frank. The Foreign Office was to -take over the mission of inviting prominent foreigners from Italy, -France, Hungary, Holland, Arabia, Iraq, Norway, et cetera, in order -to give an international aspect to the congress. However, the military -events of June 1944 prompted Hitler to call off the congress which -had lost its significance by virtue of the landings in Normandy.</p> - -<p class='pindent'>That is contained in Document 1752-PS, GB-159. At the foot of -Page 1 the Tribunal will see the following had been entered as -honorary members: Reich Foreign Minister Joachim von Ribbentrop. -<span class='pageno' title='19' id='Page_19'></span> -So that there is no doubt that this defendant was behind the program -against the Jews which resulted in the placing of them in -concentration camps with anyone else who opposed the Nazi way -of life; and it is submitted that he must, as a minister in special -touch with the head of the government, have known what was going -on in the country and in the camps. One who preached this doctrine -and was in a position of authority cannot, I submit to anyone who -has had any ministerial experience, suggest that he was ignorant of -how the policy was carried out.</p> - -<p class='pindent'>That is the evidence on the third allegation and it is submitted -that by the evidence which I have recapitulated to the Tribunal -the three allegations are proved.</p> - -<p class='pindent'>With regard to the second, Hitler’s own words were:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the historic year of 1938 the Foreign Minister, Von Ribbentrop, -was of great help to me by virtue of his accurate and -audacious judgment and admirably clever treatment of all -problems of foreign policy.”</p> - -</div> - -<p class='pindent'>During the course of the war this defendant was in close -liaison with the other Nazi conspirators. He advised them and made -available to them, in his embassies and legations abroad, information -which was required and at times participated, as I have -shown, in the planning of War Crimes and Crimes against Humanity.</p> - -<p class='pindent'>It is submitted that all the allegations which I read from Appendix -A of the Indictment are completely proved against this defendant. -I want, if the Tribunal will allow me, to add only one fact -on behalf of the British Delegation. In the preparation of these -briefs we have received great assistance from certain of our -American colleagues; and I should like to thank once, but nonetheless -heartily, on behalf of us all, Dr. Kempner’s staff: Captains -Auchincloss, Claggett, and Stoll, Lieutenants Felton and Heller, and -Mr. Lachmann for the great help they have been to us.</p> - -<p class='pindent'>THE PRESIDENT: We will adjourn now for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>DR. ALFRED SEIDL (Counsel for the Defendant Frank): May it -please the Tribunal, I have a motion to make.</p> - -<p class='pindent'>THE PRESIDENT: On behalf of whom?</p> - -<p class='pindent'>DR. SEIDL: I want to make a motion which concerns the indictment -of Frank.</p> - -<p class='pindent'>The Charter of the Tribunal contains, in Part IV, regulations -for a fair trial, and Article 16 prescribes that for the purpose of -safeguarding the right of the defendants the following procedure -shall be followed. “The Indictment shall include full particulars -<span class='pageno' title='20' id='Page_20'></span> -specifying in detail the charges against the defendant. A copy of -the Indictment, and of all the documents lodged with the Indictment, -translated into a language which he understands, shall be -furnished to the defendant at a reasonable time before the Trial.”</p> - -<p class='pindent'>At the beginning of the Trial the Defendant Frank was handed -a copy of the Indictment. This is the Indictment which was read -on the first day. This is, if I may say so, a general indictment. All -actions are listed therein which, according to the opinion of the -Signatories of the London Agreement, are regarded as Crimes -against Peace, War Crimes, and Crimes against Humanity. The -Indictment does not contain in detail the criminal actions of each -defendant. I am now thinking about positive actions or concrete -actions or omissions.</p> - -<p class='pindent'>This morning I received a document. It has the title, “The -Individual Responsibility of the Defendant Hans Frank for Crimes -against Peace, War Crimes, and Crimes against Humanity”—or in -German “Die persönliche Verantwortlichkeit des Angeklagten Frank -für Verbrechen gegen den Frieden, für Kriegsverbrechen und Verbrechen -gegen die Menschheit.” This document is without any table -of contents. It consists of 30 typewritten pages. In addition to this -document, or indictment, as I should like to call it, another document -book has been given to me, namely, “Document Book Hans -Frank.” The first document, as well as the second document is not -in German but in English. This first document is in reality what -I should call the indictment against Frank, because here in this -document of 30 pages for the first time those individual activities -of Frank are listed which are to be regarded as criminal actions. -At least one ought to say that this document is an essential part -of the Indictment. . .</p> - -<p class='pindent'>THE PRESIDENT: Forgive me for interrupting you. The -Tribunal has already expressed its desire that a motion such as -this should be made in writing. The Tribunal considers that a -motion of the sort which you are now making orally is a waste of -the Tribunal’s time and it therefore desires you to put your motion -in writing. It will then be considered.</p> - -<p class='pindent'>DR. SEIDL: I regret myself that I must make this motion now, -but I was not able to make this motion in writing before receiving -this document only two and a half hours ago. My motion is that -the Prosecution should submit these two documents to the Defendant -Frank in the German language.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal has not got the documents to -which you are referring. It is quite impossible for us to understand -the motion you are making unless you make it in writing and -attach the documents or in some other way describe or explain to -<span class='pageno' title='21' id='Page_21'></span> -us what the documents are. We have not got the documents that -you are referring to.</p> - -<p class='pindent'>DR. SEIDL: Then I shall make my motion in writing.</p> - -<p class='pindent'>THE PRESIDENT: Mr. Roberts, can you explain to me what -the counsel who has just spoken is complaining about?</p> - -<p class='pindent'>MR. G. D. ROBERTS (Leading Counsel for the United Kingdom): -I gather he was complaining that the trial brief and the document -book which had been served on his client, Frank, were in English -and not in German.</p> - -<p class='pindent'>THE PRESIDENT: Who is dealing with the case against Frank?</p> - -<p class='pindent'>MR. ROBERTS: It is being dealt with by the United States.</p> - -<p class='pindent'>THE PRESIDENT: Perhaps I had better ask Colonel Storey then.</p> - -<p class='pindent'>COLONEL ROBERT G. STOREY (Executive Trial Counsel for -the United States): If the Tribunal please, I think what counsel is -referring to is the practice we have made of delivering in advance -a copy of the document book and a copy of the trial brief. In this -particular instance I happen to know that what counsel refers to -is the trial address, which is to be read over the microphone, and -as a courtesy to counsel they have been delivered in advance of -the presentation, just like all the other document books and briefs -against the other individual defendants. That’s what it is, as I -understand it.</p> - -<p class='pindent'>THE PRESIDENT: The documents which will be presented -against the Defendant Frank will be all translated?</p> - -<p class='pindent'>COL. STOREY: I am sure they are; yes, Sir. I don’t know about -the individual case, but the instructions are that the documents will -have two photostats, each one in German, plus the English translation, -for counsel, and that is what has been delivered, plus the -trial address, if Your Honor pleases. We handed that to him in -advance—what the attorney will read over the microphone.</p> - -<p class='pindent'>THE PRESIDENT: Colonel Storey, I thought the Tribunal -ordered, after consulting the prosecutors as to the feasibility of -the scheme, that sufficient translators should be supplied to the -defendants’ counsel so that such documents as trial briefs, if in the -English language, might be translated to defendants’ counsel. You -will remember it was suggested that at least four translators, I -think, should be supplied to the defendants’ counsel.</p> - -<p class='pindent'>COL. STOREY: If the Tribunal will recall, I think this is what -was finally determined; that document books and briefs could be -submitted in English and the photostatic copies submitted to -defendants’ counsel and that if they wanted additional copies of -the German, then they should request them and they would be -furnished. I think that is what the final order was. -<span class='pageno' title='22' id='Page_22'></span></p> - -<p class='pindent'>THE PRESIDENT: There was, at any rate, a suggestion that -translators should be ordered to translate such documents as trial -briefs.</p> - -<p class='pindent'>COL. STOREY: That is correct; yes, Sir, and whenever counsel -wanted more copies, then they would request them and they would -be available for them. The translators or translations or photostats -would be available if they requested them.</p> - -<p class='pindent'>Were there any other questions, Your Honor?</p> - -<p class='pindent'>THE PRESIDENT: Do you mean that translators have not been -supplied to defendants’ counsel?</p> - -<p class='pindent'>COL. STOREY: If Your Honor pleases, as I understand, the -defendants’ Information Center is now under the jurisdiction of -the Tribunal, and my information is—I would like to check it—that -when they want extra copies all they have to do is ask for them -and they may obtain them and sufficient translators are available -to provide the extra copies if they want them. That is my information. -I have not checked it in the last few days, but sufficient -copies in English are furnished for all the counsel; and these -briefs and document books are furnished to them in advance. In -this case I am told that the document book and the briefs were -furnished.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>DR. FRITZ SAUTER (Counsel for Defendants Funk and Von -Schirach): Your Honor, you may be assured that we Defense -Counsel do not like to take up the time of the Tribunal for -such discussions which we ourselves would rather avoid. But the -question just raised by a colleague of mine is really very unpleasant -for us Defense Counsel and makes our work extremely difficult -for us.</p> - -<p class='pindent'>You see, it does not help us if agreements are made or regulations -are issued and in actual practice it is entirely different.</p> - -<p class='pindent'>Last night, for example, we received a big volume of documents -all of which were in English. Now, in the evening in the -prison we are supposed to spend hours discussing with our -clients the results of the proceedings, a task which has now been -rendered still more difficult by the installation of wire screens -in the consultation room. In addition we are also required to -talk over whole volumes of documents written in English, and that -is practically impossible. Time and again these documents are not -received until the evening before the day of the proceedings; and -it is not possible, even for one who knows English well, to make -the necessary preparation. -<span class='pageno' title='23' id='Page_23'></span></p> - -<p class='pindent'>The same thing is true of the individual trial briefs; and I do -not know whether the actual trial briefs, such as we receive for -each defendant, have also been submitted to the Tribunal.</p> - -<p class='pindent'>THE PRESIDENT: Nearly every document which has been -referred to in this branch of the case, which has been presented by -Mr. Albrecht and by Sir David Maxwell-Fyfe, are documents which -have been referred to previously in the Trial and which must -have been before the defendants’ counsel for many days—for -weeks—and therefore there can be no lack of familiarity with those -documents. The documents which have been referred to, which -are fresh documents, are very few indeed and the passages in them -which are now being put in evidence are all read over the -microphone and, therefore, are heard by defendants’ counsel in -German and can be studied by German counsel tomorrow morning -in the transcript of the shorthand notes; and I do not see, therefore, -what hardship is being imposed upon German counsel by the -method which is being adopted.</p> - -<p class='pindent'>You see, the Counsel for the Prosecution, out of courtesy to -Counsel for the Defense, have been giving them their trial briefs -in English beforehand. But there is no strict obligation to do -that; and insofar as the actual evidence is concerned, all of which -is contained in documents, as I have already pointed out to you, -the vast majority of those documents have already been put in -many days ago and have been in the hands of German counsel ever -since, in the German language—and also the documents which are -now put in.</p> - -<p class='pindent'>DR. SAUTER: No, this is not true, Your Honor. This is the -complaint which we of the Defense Counsel, because we dislike to -approach the Tribunal with such complaints, have been discussing -among ourselves—the complaint that we do not receive German -documents. You may be assured, Mr. President, that if things were -as you believe, none of us would complain but we would all be -very grateful; but in reality it is different.</p> - -<p class='pindent'>THE PRESIDENT: But Dr. Sauter, surely when you have a -reference to a German document, that German document is available -to you in the Information Center; and as these documents -have been put in evidence, some of them as long ago as the 20th -of November or shortly thereafter, surely there must have been -adequate time for defendants’ counsel to study them.</p> - -<p class='pindent'>DR. SAUTER: Suppose, for instance, I receive this morning a -volume on Funk. I know, for instance, when Funk’s case comes -on—perhaps tomorrow. It is quite impossible for me to study this -volume of English documents upon my return from the prison at -10 o’clock in the evening. That simply overtaxes the physical -<span class='pageno' title='24' id='Page_24'></span> -strength of a Defense Counsel. I could go through it if it were -in German, but even so, it is impossible for me after finishing my -visit to the prison at 9 or 10 o’clock in the evening to go through -such a volume. We absolutely cannot do it.</p> - -<p class='pindent'>THE PRESIDENT: You see, Dr. Sauter, it is not as though you -had to cross-examine witnesses immediately after the evidence -is given. The documents are put in and it is not for you then to -get up and argue upon the interpretation of those documents. You -have, I regret to say, a considerable time before you will have -to get up and call your own evidence and ultimately to argue -upon the documents which are now being put in. Therefore, it is -not a question of hours, it is a question of days and weeks before -you will have to deal with these documents which are now being -put in. And I really do not see that there is any hardship upon -defendants’ counsel in the system which is being adopted.</p> - -<p class='pindent'>And you will not forget that the rule, which, in a sense, penalizes -the Prosecution, is that every document which is put in evidence -and every part of the document which is put in evidence, has -to be read in open court, in order that it should be translated over -the earphones and then shall get into the shorthand notes. I am -told that the shorthand notes are not available in German the next -morning but are available only some days afterwards. But they -are ultimately available in German. And therefore every defendant’s -counsel must have a complete copy of the shorthand notes, -at any rate up to the recess; and that contains all the evidence -given against the defendants, and it contains it in German.</p> - -<p class='pindent'>DR. SAUTER: Yes, Mr. President, what we are most anxious -to have done and what we have been asking for many weeks is -that the documents, or at least those parts of the document which -come into question, should be given to us in German translation. -It is very difficult for us, even if we know English, to translate -the documents in the time which is at our disposal. It is practically -impossible for any of us to do this. It is for this reason -that we regret that our wish to get the documents in German is -not being taken into consideration. We are conscious of the difficulties -and we are very grateful for any assistance given. We -assure you we are very sorry to have to make such requests, but -the conditions are really very difficult for us. The last word I -wish to say is that the conditions are really very difficult for us.</p> - -<p class='pindent'>THE PRESIDENT: Dr. Sauter, I am most anxious and the other -members of the Tribunal are most anxious that every reasonable -facility should be afforded to the defendants and their counsel. -But, as I have pointed out to you, it is not necessary for you, for -any of you, at the present moment, to get up and argue upon these -documents which are now being put in. By the time that you have -<span class='pageno' title='25' id='Page_25'></span> -to get up and argue upon the documents which are now being put -in, you will have had ample time in which to consider them in -German.</p> - -<p class='pindent'>DR. SAUTER: Thank you, Sir.</p> - -<p class='pindent'>HERR GEORG BOEHM (Counsel for the SA): I have repeatedly -asked to receive copies of everything presented in English. The -accusation against the SA was presented on the 19th or 18th of -December, and at the same time a document book was presented. -Today I received a few photostats, but I have not received the -greater part of the photostats or other pertinent translations. This -shows that we do not receive the German translations immediately -after the presentation. Nor are we ever able to read the transcript -of the proceedings on the next day or on the day after that. The -minutes of the session. . .</p> - -<p class='pindent'>THE PRESIDENT: We are not dealing with the SA or the -organizations at the present moment. If you have any motion to -make, you will kindly make it in writing, and we will now proceed -with the part of the Trial with which we are dealing.</p> - -<p class='pindent'>HERR BOEHM: Mr. President, will you permit me one more -remark? The minutes of December 17 and 18, 1945 I have received -today.</p> - -<p class='pindent'>THE PRESIDENT: Do you mean the transcript of it?</p> - -<p class='pindent'>HERR BOEHM: I received today the German transcript for the -18th and 19th of December 1945. You see, it is not a fact that we -receive the transcript the day after or a few days after the session. -I received it weeks later, after I asked for it repeatedly. I have -asked the appropriate offices repeatedly to give me a copy of the -document book in German, and I have still not received it.</p> - -<p class='pindent'>THE PRESIDENT: Well, we will inquire into that. One moment.</p> - -<p class='pindent'>[<span class='it'>There was a pause in the proceedings while the Judges conferred.</span>]</p> - -<p class='pindent'>THE PRESIDENT: Will the last counsel who was speaking -stand up?</p> - -<p class='pindent'>I am told that the reason for the delay in the case you have -mentioned was that there had been an error in the paging and -therefore the transcripts of those shorthand notes had to be recopied. -I understand that the delay ordinarily is not anything like so long -as that delay.</p> - -<p class='pindent'>HERR BOEHM: But I hardly believe that in the case of the -translation of the document book the delay is due to those reasons. -But even if the delay in this particular case should be justified, -it means that week after week I am hampered in my defense. -I do not know the day before what is going to be presented, and -<span class='pageno' title='26' id='Page_26'></span> -I do not know until weeks afterwards what has been presented. -I am therefore not in a position to study the evidence from the -standpoint of a Defense Counsel. I do not even know what is contained -in the document book. I am thus obviously handicapped -in my defense in every way. The Prosecution keeps saying that -it will furnish the documents on time. This is apparently not -the case.</p> - -<p class='pindent'>THE PRESIDENT: Perhaps you will kindly make your complaint -in writing and give the particulars of it. Do you understand -that?</p> - -<p class='pindent'>HERR BOEHM: Yes.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>MR. ROBERTS: May it please the Tribunal, it is my duty to -present the evidence against Keitel and also against the Defendant -Jodl and I would ask the Tribunal for permission, if it is thought -right, that those two cases should be presented together in the -interest of saving time, a matter which I know we all have at -heart.</p> - -<p class='pindent'>The story with regard to Keitel and Jodl runs on parallel lines. -For the years in question they marched down the same road together. -Most of the documents affect them both, and in those circumstances, -I submit, it might result in a substantial saving of time -if I were permitted to present the cases against both of them -together.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>MR. ROBERTS: Then I shall proceed, if I may, on that basis.</p> - -<p class='pindent'>My Lords, may I say that I fully recognize that the activities -of both these defendants have been referred to in detail many -times and quite recently by Colonel Telford Taylor, and my -earnest desire is to avoid repetition as far as I possibly can. And -may I say I welcome any suggestions, as I travel the road, which -the Tribunal have to make, to make my presentation still shorter.</p> - -<p class='pindent'>There is a substantial document book, Document Book Number 7, -which is a joint document book dealing with both the defendants. -Practically all the documents in that book have already been referred -to. They nearly all, of course, have a German origin. I propose -to read passages from only nine new documents and those nine -documents, I think, are shown in Your Lordship’s bundle and in -the bundles of your colleagues.</p> - -<p class='pindent'>May I commence by referring, as shortly as may be, to the part -of the Indictment which deals with the two defendants. That will -be found on Page 33 (Volume I, Page 77) of the English translation. -It begins with “Keitel” in the middle of the page, and it -<span class='pageno' title='27' id='Page_27'></span> -says, “The Defendant Keitel between 1938 and 1945” was the holder -of various offices. I only want to point out there that although -the commencing date is 1938 the Prosecution rely on certain activities -of the Defendant Keitel before 1938, and we submit that -we are entitled so to do because of the general words appearing -on Page 28 of the Indictment (Volume I, Page 68) at the head of -the appendix:</p> - -<div class='blockquote'> - -<p class='noindent'>“The statements hereinafter set forth following the name of -each individual defendant constitute matters upon which the -Prosecution will rely <span class='it'>inter alia</span> as establishing the individual -responsibility. . . .”</p> - -</div> - -<p class='noindent'>And then the Tribunal will see:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . Keitel used the foregoing positions, his personal influence, -and his intimate connection with the Führer in such a manner -that: He promoted the military preparations for war set -forth in Count One. . . .”</p> - -</div> - -<p class='noindent'>If I may read it shortly—he participated in the planning and preparation -for wars of aggression and in violation of treaties, he -executed the plans for wars of aggression and wars in violation -of treaties, and he authorized and participated in War Crimes and -Crimes against Humanity.</p> - -<p class='pindent'>Then, “The Defendant Jodl between 1932 and 1945 was” the holder -of various positions. He “used the foregoing positions, his personal -influence, and his close connection with the Führer in such a -manner”—and this is not to be found in the text relating to -Keitel—“that: He promoted the accession to power of the Nazi -conspirators and the consolidation of their control over Germany. . . .”</p> - -<p class='pindent'>May I say, My Lords, here, that I know of no evidence at the -moment to support that allegation that he promoted the Nazi rise -to power before 1933. There is plenty of evidence that he was a -devoted, almost a fanatical admirer of the Führer, but that, I -apprehend, would not be enough.</p> - -<p class='pindent'>And then it is alleged against Jodl that he promoted the preparations -for war, that he participated in the planning and preparation -of the war, and that he authorized and participated in -War Crimes and Crimes against Humanity.</p> - -<p class='pindent'>My Lords, with regard to the position of the Defendant Keitel, -it is well-known that in February of 1938 he became Chief of the -OKW, Supreme Commander of all the Armed Forces, and that Jodl -became Chief of the Operations Staff; and that is copiously proved -in the shorthand notes and in the documents. Perhaps I ought to -refer to his position in 1935, at the time when the reoccupation of -the Rhineland was first envisaged. Keitel was head of the Wehrmachtsamt -in the Reich War Ministry, and that is proved by a -<span class='pageno' title='28' id='Page_28'></span> -Document 3019-PS, which is to be found in <span class='it'>Das Archiv</span>; and I ask -the Court to take judicial notice of that. It is not in the bundle.</p> - -<p class='pindent'>Jodl’s positions have been proved by his own statement, Document -2865-PS, which is also Exhibit USA-16; and in 1935 he held -the rank of lieutenant colonel, Chief of the Operations Department -of the Landesverteidigung.</p> - -<p class='pindent'>May I just refer to the pre-1938 period—that is, the pre-OKW -period—to two documents, one of which is new. The first document -I desire to mention without reading is EC-177. I do not want -to read it. It is Exhibit USA-390. My Lords, those are the minutes, -shortly after the Nazi rise to power, of the working committee of -the Delegates for Reich Defense. The date is the 22d of May 1933. -Keitel presided at that meeting. The minutes have been read. -There is a long discussion as to the preliminary steps for putting -Germany on a war footing. Keitel regarded the task as most urgent, -as so little had been done in previous years; and perhaps the -Tribunal will remember the most striking passage where Keitel -impressed the need for secrecy: Documents must not be lost; oral -statements can be denied at Geneva.</p> - -<p class='pindent'>And I submit, if I may be allowed to make this short comment, -it is interesting to see in those very early days of 1933 that the -heads of the Armed Forces of Germany contemplated using lying -as a weapon.</p> - -<p class='pindent'>My Lord, the next document I desire to refer to is a new one, -and it is EC-405, Exhibit GB-160. I desire to refer to this shortly -because, in my submission, it fixes Jodl with knowledge of, and -complicity in, the plan to reoccupy the Rhineland country, contrary -to the Versailles Treaty. The Tribunal will see that these are the -minutes of the working committee of the Reich Defense Council, -dated the 26th of June 1935.</p> - -<p class='pindent'>The Court will see that, a quarter of the way down the page, -Subparagraph F, Lieutenant Colonel Jodl gives a dissertation on -mobilization preparation; and it is only the fourth and fifth paragraphs -on that same page, the last paragraph but one from the -bottom, that I desire to read:</p> - -<div class='blockquote'> - -<p class='noindent'>“The demilitarized zone requires special treatment. In his -speech of the 21st of May and other utterances, the Führer -has stated that the stipulations of the Versailles Treaty and -the Locarno Pact regarding the demilitarized zone are being -observed. To the <span class='it'>aide-mémoire</span> of the French <span class='it'>chargé d’affaires</span> -on recruiting offices in the demilitarized zone, the Reich -Government has replied that neither civilian recruiting -authorities nor other offices in the demilitarized zone have -been entrusted with mobilization tasks, such as the raising, -<span class='pageno' title='29' id='Page_29'></span> -equipping, and arming of any kind of formations for the -event of war or in preparation therefor.</p> -<hr class='tbk130'/> -<p class='noindent'>“Since political complications abroad must be avoided at -present”—I stress the “at present”—“under all circumstances, -only those preparatory measures that are urgently necessary -may be carried out. The existence of such preparations or -the intention of making such preparations must be kept in -strictest secrecy in the zone itself as well as in the rest of -the Reich.”</p> - -</div> - -<p class='pindent'>My Lord, I need not read more. I submit that fixes Jodl clearly -with knowledge of the forthcoming breach of Versailles.</p> - -<p class='pindent'>My Lord, the day before the Rhineland was reoccupied on the -7th of March 1936, the Defendant Keitel issued the directive which -has been read before, Document C-194, Exhibit USA-55, ordering -an air reconnaissance and certain U-boat movements in case any -other nation attempted to interfere with that reoccupation.</p> - -<p class='pindent'>My Lords, I pass now to the 4th of February 1938, when the -OKW was formed. My Lords, shortly after its formation there was -issued a handbook, which is a new exhibit, from which I want to -read short passages. The number of the exhibit is L-211. It is -Document GB-161. Now, this is dated 19 April 1938; “top secret; -Direction of War as a Problem of Organization.” I read only from -the appendix which is entitled, “What is the War of the Future?”; -and if the Court will kindly turn over to the second page, I am -going to read, 12 lines from the bottom of the page, the line beginning -“Surprise”:</p> - -<div class='blockquote'> - -<p class='noindent'>“Surprise as the requisite for quick initial success will often -require hostilities to begin before mobilization has been completed -or the armies are fully in position.</p> -<hr class='tbk131'/> -<p class='noindent'>“A declaration of war is no longer necessarily the first step -at the start of a war.</p> -<hr class='tbk132'/> -<p class='noindent'>“According to whether the application of the rules of warfare -create greater advantages or disadvantages for the warring -nations, will the latter consider themselves at war or not at -war with the neutral states.”</p> - -</div> - -<p class='pindent'>It may, of course, be said that those were only theoretical words -and they might apply to any other nation which might be minded -to make war on Germany. The Court can use its judicial notice -of the conditions of things in Europe in 1938 and ask itself whether -Germany had any potential aggressor against her.</p> - -<p class='pindent'>But, My Lord, I emphasize that passage because I submit it so -clearly envisages exactly the way in which Germany did make -war in 1939 and in the subsequent years. -<span class='pageno' title='30' id='Page_30'></span></p> - -<p class='pindent'>My Lord, I now start to tread the road which has been trodden -so many times and which will be trodden so many times again, -the road from 1938 to 1941: the final act of aggression. My Lord, -I believe that I can treat this, so far as Keitel and Jodl are concerned, -in a very few sentences, because I submit that the documents -which are already in, which have been read and reread into the -record, demonstrate quite clearly that Keitel, as would only be -expected, he being Chief of the Supreme Command of all the -Armed Forces, and Jodl, as only would be expected also, he being -Chief of the Operations Staff, were vitally and intimately concerned -with every single act of aggression which took place successively -against the various victims of Nazi aggression.</p> - -<p class='pindent'>My Lord, Your Lordship has in front of you the document book -and perhaps the trial brief in which those documents are set out -under the heading. If I might take first the aggression against -Austria, Your Lordship will remember, in Jodl’s diary on the 12th -of February 1938, how Keitel, who was something more than a -mere soldier, put heavy pressure upon Schuschnigg—that is Document -1780-PS, Jodl’s diary—how on the following day Keitel writes -to Hitler—Document 1775-PS, Exhibit USA-75—suggesting the -shamming of military action and the spreading of false but quite -credible news.</p> - -<p class='pindent'>Then the actual operation orders for “Operation Otto,” Exhibits -USA-74, 75, and 77, all of the 11th of March 1938, are OKW orders -for which Keitel is responsible.</p> - -<p class='pindent'>THE PRESIDENT: What are the numbers of them?</p> - -<p class='pindent'>MR. ROBERTS: My Lord, Documents C-102, C-103, and C-182. -One of them is actually signed or initialed by Keitel, and two are -initialed by Jodl. Those are the operation orders for the advance -into Austria, the injunction, if the Tribunal remembers, to treat -Czech soldiers as hostile and to treat the Italians as friends.</p> - -<p class='pindent'>My Lord, that is the first milestone on the road, the occupation -of Austria. My Lord, the second is, is it not. . .</p> - -<p class='pindent'>THE PRESIDENT: Well, perhaps if you are going to pass on -to another, we had better adjourn now until 2 o’clock.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='31' id='Page_31'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>MR. ROBERTS: May it please the Tribunal, I had got to the -commencement of the alleged aggression against Czechoslovakia; -and the Tribunal will remember that the leading exhibit on that -matter is the file 388-PS, Exhibit Number USA-26, the “Fall Grün” -file. My Lords, that file, in my submission, contains copious evidence -against both Keitel and Jodl, showing that they were taking the -natural part of the Chief of the Supreme Command of the Armed -Forces and the head of the Operations Staff.</p> - -<p class='pindent'>May I remind the Tribunal of Item 2. I do not want to read any -of these. I might just refer to the notes of a meeting on the 21st of -April 1938. The important thing to notice is that Keitel and the -Führer met alone, showing the intimate connection between Keitel -and the Führer. And it was at that meeting that preliminary plans -were discussed, including the possibility of an incident, namely, the -murder of the German Ambassador at Prague.</p> - -<p class='pindent'>Item 5 in that file, dated the 20th of May 1938, shows the plans -for the political and the military campaign against Czechoslovakia, -issued by Keitel.</p> - -<p class='pindent'>Item 11, dated the 30th of May 1938, is the directive signed by -Keitel for the invasion of Czechoslovakia, with the date given as the -1st of October 1938.</p> - -<p class='pindent'>There are many items which are initialed by Jodl—Item 14 and -Item 17, to mention only two.</p> - -<p class='pindent'>Perhaps, for the purpose of the note, I should mention the others: -Items 24, 36, and 37.</p> - -<p class='pindent'>There is the directive, Items 31 and 32, dated the 27th of -September 1938, signed by Keitel, enclosing orders for secret mobilization.</p> - -<p class='pindent'>Jodl’s diary, Document 1780-PS, contains many references to the -forthcoming aggression, particularly the 13th of May and the 8th of -September; and there is a very revealing entry on the 11th of -September in Jodl’s diary, 1780-PS, in which he says. . .</p> - -<p class='pindent'>THE PRESIDENT: Will you give us the date?</p> - -<p class='pindent'>MR. ROBERTS: I beg Your Lordship’s pardon; 11th of September -1938.</p> - -<div class='blockquote'> - -<p class='noindent'>“In the afternoon conference with Secretary of State Hahnke, -from the Ministry of Public Enlightenment and Propaganda, -on the imminent common tasks. The joint preparations for -refutation of our own violations of international law and the -exploitation of its violations by the enemy were considered -particularly important.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='32' id='Page_32'></span></p> - -<p class='pindent'>I emphasize those words, “our own violations of international -law.”</p> - -<p class='pindent'>My Lords, as a result of that conference the Document C-2, -which was referred to by my learned leader, Sir David, was prepared, -which the Tribunal will remember has in parallel columns the -possible breach of international law and the excuse which is then -going to be given for it. It was referred to so recently that I need -not refer to it again.</p> - -<p class='pindent'>My Lords, I respectfully submit on that branch of the case that -there is an overwhelming case that Keitel and Jodl played an -important, indeed a vital part, in the aggression against Czechoslovakia -which led up to the Pact of Munich.</p> - -<p class='pindent'>My Lords, after the Pact of Munich was signed, as has been -pointed out many times, the Nazi conspirators at once set about -preparations for annexing the remainder of Czechoslovakia.</p> - -<p class='pindent'>My Lords, at this point Jodl disappears from the scene for a time, -because he goes to do some regimental soldiering as artillery general -in Austria—artillery general of the 44th Division—and so it cannot -be said that there is any evidence against him from the Munich Pact -until the 23rd of August 1939, when he is recalled on the eve of the -Polish invasion to take up his duties once more as chief of the -operational staff of OKW.</p> - -<p class='pindent'>So far as Keitel is concerned, on the 21st of October 1938, less -than a month after the Munich Pact, he countersigned Hitler’s order -to liquidate the rest of Czechoslovakia and to occupy Memel—Document -C-136, Exhibit Number USA-104.</p> - -<p class='pindent'>On the 24th of November 1938, Document C-137, Exhibit Number -GB-33, Keitel issues a memorandum about the surprise occupation -of Danzig.</p> - -<p class='pindent'>On the 17th of December 1938, Document C-138, Exhibit Number -USA-105, he signs an order to the lower formations: “Prepare for -the liquidation of the rest of Czechoslovakia.” Those preparations -were made.</p> - -<p class='pindent'>On the 15th of March 1939 Keitel, who—I again repeat—was -more than a mere soldier, was present at the midnight conference -between the Führer and Hacha, President of Czechoslovakia, when, -under a threat of bombing Prague, Hacha surrendered the rest of -his country to the Germans. I refrain from referring to the contents -of the minutes, which have been read many times already.</p> - -<p class='pindent'>My Lords, so that milestone is past. And again I submit, in all -that aggression it is clear that Keitel was playing a vital part as -Hitler’s right-hand man, commanding all the armed forces under him.</p> - -<p class='pindent'>I now pass to the Polish aggression. Keitel was present at the -meeting at the chancellery on the 23rd of May 1939, Document L-79, -<span class='pageno' title='33' id='Page_33'></span> -Exhibit Number USA-27, when it was said—just a few words so -familiar: Danzig was not the subject of the dispute; Poland was to -be attacked at the first suitable opportunity; Dutch and Belgian air -bases must be occupied; declarations of neutrality were to be ignored.</p> - -<p class='pindent'>The directive for “Fall Weiss”, the invasion of Poland, is Document -C-120(a), Exhibit GB-41. The date is the 3rd of April 1939. -The Tribunal will remember the plans were to be submitted to -OKW by the 1st of May, and the forces were to be ready for invasion -by the 1st of September. And that directive is signed by Keitel.</p> - -<p class='pindent'>Document C-126, Exhibit GB-45, is a follow-up of that previous -directive. It is dated the 22d of June 1939. The need for camouflage -is emphasized; and it is stated, “Do not disquiet the population.” -That is signed by Keitel.</p> - -<p class='pindent'>On the 17th of August 1939, Document 795-PS, Exhibit GB-54, -Keitel has a conference with Admiral Canaris about the supplying -of Polish uniforms to Heydrich; and it will be noticed in the last -paragraph of the note that Admiral Canaris is against the war, and -Keitel argues in favor of it. And Keitel made the prophecy that -Great Britain would not enter the war.</p> - -<p class='pindent'>I submit that Keitel’s vital part, again, in the preparation for -the aggression against Poland is clearly established beyond possibility -of dispute.</p> - -<p class='pindent'>Jodl, as I have said to the Tribunal, was recalled on the 23rd -of August, as seen in his diary entry, Document 1780-PS, where he -says that he is recalled to take charge of the Operations Staff. He -says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Received order from armed forces high command to proceed -to Berlin and take over position of Chief of Armed Forces -Executive Office.”—And then—“1100 hours to 1330 hours—discussion -with Chief of Armed Forces High Command. X-Day -has been announced for the 26th of August. Y-Time has been -announced for 0430 hours.”</p> - -</div> - -<p class='pindent'>And I submit that the Tribunal can infer the importance of Jodl -to this conspiracy from the fact that on the eve of the war he is -recalled to Berlin to take his place at the head of the operational -staff of the Supreme Command.</p> - -<p class='pindent'>So Poland was invaded, and before I pass to the next aggression -may I just point out that, according to the evidence of General -Lahousen, if the Tribunal accepts it on this point, Keitel and Jodl -were in the field with Hitler on the 10th of September 1939. That -is in the shorthand notes, Pages 617 and 618 (Volume II, Pages 447 -and 448). I don’t suppose there will be any dispute that the head -of the High Command and the Chief of his Operational Staff were -in the field. -<span class='pageno' title='34' id='Page_34'></span></p> - -<p class='pindent'>My Lord, I pass now to Norway and Denmark. So far as both -are concerned we see from Document C-64, Exhibit GB-86, that on -the 12th of December 1939 Keitel and Jodl were both present at -Hitler’s conference with Raeder when the invasion of Norway was -discussed; and Keitel’s direct responsibility to those operations is -shown in my submission by Document C-63, Exhibit GB-87, in which -Keitel says that the operations against Norway will be “under my -direct and personal guidance.” And he sets up a planning staff of -OKW for the carrying out of those operations.</p> - -<p class='pindent'>Jodl’s knowledge and complicity, in my submission, are clearly -shown also from the entries in his own diary—Document 1809-PS. -That is the second part of his diary. And the Tribunal will remember -the entry of the 13th of March 1940, in which he records that the -Führer was still looking for an excuse for the “Weser” operations. -That is the 13th of March, My Lord, 1809-PS:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer does not give the order yet for Weser. He is -still looking for an excuse.”</p> - -</div> - -<p class='pindent'>And then, on the 14th of March, “Führer has not yet decided -what reason to give for Weser Exercise,” which, in my submission, -if I may be allowed to make a short comment, shows up in a lurid -light the code of honor of the military leaders of Germany—still -looking for an excuse.</p> - -<p class='pindent'>My Lord, then, as we know, Norway was attacked unawares; and -then subsequently lying excuses were given.</p> - -<p class='pindent'>My Lord, the invasion of the Low Countries and Luxembourg -equally, in my submission, is clearly shown by the documents to -have been controlled and directed by Keitel with Jodl’s assistance. -The Tribunal already have a note of the conference in May of the -lands to be occupied—Document L-79. Document C-62, Exhibit -GB-106, is a directive, signed “Hitler,” on the 9th of October 1939 -and another directive, signed “Keitel,” on the 15th of October. C-62 -comprises two documents, the 9th of October and 15th of October—two -directives, one signed “Hitler” and one signed “Keitel”—both -giving orders for the occupation of Holland and Belgium.</p> - -<p class='pindent'>My Lord, Document C-10, Exhibit GB-108, dated the 8th of November, -is Keitel’s operation orders for the 7th Parachute Division -to make an airborne landing in the middle of Holland.</p> - -<p class='pindent'>Document 440-PS, Exhibit GB-107, dated the 20th of November -1939, signed “Keitel,” is a further directive for the invasion of -Holland and Belgium.</p> - -<p class='pindent'>Document C-72, Exhibit GB-109, 7th of November 1939, the 10th -of May 1940, 18 letters—11 signed by Keitel, 7 signed by Jodl: “The -Führer is postponing A-Day because of the weather.”</p> - -<p class='pindent'>My Lord, Jodl’s diary is also eloquent on that subject. That is -Document 1809-PS. Several entries—perhaps I need not refer to -<span class='pageno' title='35' id='Page_35'></span> -them again—relating to these forthcoming operations, culminating -with the one on the 8th of May, which perhaps the Tribunal will -remember, when Jodl says, “Alarming information from Holland,” -and he expresses righteous indignation that the wicked Dutchmen -should erect roadblocks and make mobilization preparations.</p> - -<p class='pindent'>My Lord, and so those three neutral countries were invaded, -and I submit there is copious and overwhelming evidence that these -men were in charge of the military organizations which made those -invasions possible.</p> - -<p class='pindent'>My Lord, I pass now to the planning for the aggression against -Greece and Yugoslavia. Document PS-1541, Exhibit GB-117, dated -13th of December 1940, Hitler’s order for “Marita,” the operation -against Greece, signed by Hitler, and a copy to Keitel, namely, OKW.</p> - -<p class='pindent'>Document 448-PS, Exhibit GB-118, 11th of January 1941: Keitel -initialed a Hitler order for the Greek operation.</p> - -<p class='pindent'>Document C-134, Exhibit GB-119, 20th of January 1941: Both -Keitel and Jodl are present at the conference with Hitler, Mussolini, -and others when the operations against Greece and Yugoslavia are -discussed.</p> - -<p class='pindent'>Document C-59, Exhibit GB-121, 19th of February 1941: The -dates of the operations against Marita are filled in by Keitel.</p> - -<p class='pindent'>Document 1746-PS, Exhibit GB-120, 27th of March 1941: A conference -with Hitler, Keitel, and Jodl present; the decision to attack -and destroy Yugoslavia is announced, and the Führer said: “I am -determined to destroy Yugoslavia. I shall use unmerciful harshness -to frighten other neutrals”—and these two soldiers were present -when that was said.</p> - -<p class='pindent'>My Lord, I submit that on that the complicity of these two men -for that aggression is amply proved.</p> - -<p class='pindent'>My Lord, I pass to Barbarossa—Document 446-PS, Exhibit USA-131, -dated 18th of December 1940—Hitler’s order for the Barbarossa -operation, initialed by Keitel and Jodl. Hitler says, the Tribunal -will remember, that he intends to overthrow Russia in a single rapid -campaign.</p> - -<p class='pindent'>Document 872-PS, Exhibit USA-134, 3rd of February 1941: A -discussion with Hitler, Keitel, and Jodl re: Barbarossa and “Sonnenblume”—North -African suggestions. Hitler said, “When Barbarossa -commences, the world will hold its breath and make no comments.”</p> - -<p class='pindent'>Then, Document 447-PS, Exhibit USA-135, dated 13th of March -1941: That is an operation order signed by Keitel re: the administration -of the areas which were to be occupied; showing again that -Keitel was more than a mere soldier; this is civil administration.</p> - -<p class='pindent'>Document C-39, Exhibit USA-138, 6th of June 1941: Timetable -for Barbarossa, signed by Keitel, and Jodl gets a sixth copy. -<span class='pageno' title='36' id='Page_36'></span></p> - -<p class='pindent'>Document C-78, Exhibit USA-139, 9th of June 1941, is Hitler’s -order to Keitel and Jodl to attend the pre-Barbarossa conference on -the 14th of June 1941, 8 days before the operation.</p> - -<p class='pindent'>My Lord, on those facts and documents on the position of these -two defendants, again I respectfully submit their participation in -this aggression is overwhelmingly proved.</p> - -<p class='pindent'>My Lord, the last aggression is with regard to the provoked persuasion -of Japan to commit an aggression against the United States -of America. My Lord, there are two key documents; and both Keitel -and Jodl are implicated by both of them. My Lord, the first is -Document C-75, Exhibit USA-151, dated 5th of March 1941. It is an -OKW order signed by Keitel, copy to Jodl. “Japan must be induced -to take positive action as soon as possible” is a quotation from it.</p> - -<p class='pindent'>Document C-152, Exhibit GB-122, 18th of March 1941: The -meeting between Hitler, Raeder, Keitel, and Jodl—Japan to seize -Singapore. That is the relevant extract on that.</p> - -<p class='pindent'>My Lord, on those acts of aggression and those preparations for -aggression, I submit that the case against these two men is overwhelming. -It is clear, in my submission, that there could be no -defense open to them except that they were obeying the orders of -a superior. That defense is not open to them under this Charter. -No doubt all these wicked schemes germinated in the wicked brain -of Hitler, but he could not carry them out alone. He wanted men -nearly as wicked and nearly as unscrupulous as himself.</p> - -<p class='pindent'>My Lord, I now pass very rapidly to the question of War Crimes -and Crimes against Humanity. My Lord, it has already been proved -that Keitel signed the “Nacht und Nebel” decrees, committing persons -to incarceration in Germany where all trace of them was lost. -That is Document L-90, Exhibit USA-503.</p> - -<p class='pindent'>There is one fresh document that I desire to put in. Colonel -Telford Taylor put in Document C-50, Keitel’s order as to ruthless -action in the Barbarossa campaign. There is one complementary -document to that, Document C-51, which is Exhibit GB-162, Keitel’s -order dated the 27th of July 1941:</p> - -<div class='blockquote'> - -<p class='noindent'>“In accordance with the regulations concerning classified -material the following offices will destroy all copies of the -Führer’s decree of 13 May 1941”—that is C-50, the Barbarossa -decree—“in the communication mentioned above:</p> -<hr class='tbk133'/> -<p class='noindent'>“a) All offices up to the rank of ‘general commands’ inclusive;”—My -Lord, that means that corps commanders and downwards -should destroy copies—“b) group commands of the -armored troops”—that again means offices of the armed corps -below the rank of corps commanders should destroy the -copies—“c) army commands and offices of equal rank, if there -<span class='pageno' title='37' id='Page_37'></span> -is an inevitable danger that they might fall into the hands of -unauthorized persons.”</p> - -</div> - -<p class='noindent'>That is to say that even higher generals, if the war approaches -closely to them, should destroy these documents rather than risking -any chance of their being captured.</p> - -<div class='blockquote'> - -<p class='noindent'>“The validity of the decree is not affected by the destruction -of the copies. In accordance with Paragraph III, it remains -the personal responsibility of the commanding officers to see -to it that the offices and legal advisers are instructed in time -and that only these sentences are confirmed which correspond -to the political intentions of the Supreme Command.”</p> - -</div> - -<p class='pindent'>That was with regard to German soldiers not being tried by court-martial -for offenses against Soviet troops: “This order will be -destroyed together with the copies of the Führer’s decree.”</p> - -<p class='pindent'>My Lord, I submit that the anxiety on the part of the OKW, -presided over by Keitel, to destroy that—I suggest an illegal order; -a barbarous order—is significant.</p> - -<p class='pindent'>My Lord, I desire now to put in another document which is -almost the last document in the bundle, UK-20. Your Lordship will -find it flagged at the end of the bundle. It is from the Führer’s -headquarters, 26th of May 1943. It says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Re: Treatment of supporters of De Gaulle who fight for the -Russians.</p> -<hr class='tbk134'/> -<p class='noindent'>“French airmen serving in the Soviet forces have been shot -down on the Eastern Front for the first time. The Führer has -ordered that employment of French troops in the Soviet -forces is to be counteracted by the strongest means.</p> -<hr class='tbk135'/> -<p class='noindent'>“It is therefore ordered:</p> -<hr class='tbk136'/> -<p class='noindent'>“1) Supporters of De Gaulle who are taken prisoner on the -Eastern Front will be handed over to the French Government -for proceedings in accordance with OKW order. . . .”</p> - -</div> - -<p class='pindent'>And then I read Paragraph 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“Detailed investigations are to be made in appropriate cases -against relatives of Frenchmen who fight for the Russians, if -these relatives are resident in the occupied area of France. If -the investigation reveals that relatives have given assistance -to facilitate escape from France, then severe measures are to -be taken.”</p> - -</div> - -<p class='pindent'>My Lord, I offer that as Exhibit GB-163.</p> - -<p class='pindent'>My Lord, there is a document which I feel I should put in, which -is the next document in the bundle. It is Document UK-57, Exhibit -GB-164. This is the last document, I think, in the bundle. My Lord, -it is from the Ausland Abwehr—I believe it is from the intelligence -foreign department. It is to the OKW and it is signed the 4th of -<span class='pageno' title='38' id='Page_38'></span> -January 1944. My Lord, the heading is “Re: Counteraction to -Kharkov ‘trial.’ ” Paragraph 2 is all that I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“The documents concerning ‘commandos’ have been asked for -and thoroughly investigated by the Reich Security Main Office. -In five cases members of the British Armed Forces were -arrested as participants. Thereupon they were shot in compliance -with the order from the Führer. It would be possible -to attribute to them breaches of international law and to have -them posthumously sentenced to death by a Tribunal. Up to -the present no breaches of international law could be proved -against commando participants.”</p> - -</div> - -<p class='pindent'>My Lord, I read no more, and I submit that that is clearly an -admission of murder, not warfare at all.</p> - -<p class='pindent'>My Lord, Keitel’s comments are to be found in the top left-hand -corner of that document:</p> - -<div class='blockquote'> - -<p class='noindent'>“We want documents on the basis of which we can institute -similar proceedings. They are reprisals which have no connection -with battle actions. Legal justifications are superfluous.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Is that not at the top signed by Keitel?</p> - -<p class='pindent'>MR. ROBERTS: It is typewritten in the office copy which is the -original.</p> - -<p class='pindent'>THE PRESIDENT: There is no actual signature?</p> - -<p class='pindent'>MR. ROBERTS: No.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): How does it connect with Keitel -then?</p> - -<p class='pindent'>MR. ROBERTS: “Vermerk Chef OKW”—that is “note of the -Chief of OKW.”</p> - -<p class='pindent'>Now, that is the first minute. My Lord, the second minute is on -the same subject, and it is dated the 6th of January 1944; and there -is a large red Keitel “K” initialed on the top of this letter, showing -that he got it. My Lord, the first paragraph deals with two officers -who were then at Eichstätt Camp in Bavaria. My Lord, there is no -importance in that paragraph, because those two officers are still -alive.</p> - -<p class='pindent'>The second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Attempted attacks on the battleship <span class='it'>Tirpitz</span>.</p> -<hr class='tbk137'/> -<p class='noindent'>“At the end of October ’42 a British commando that had come -to Norway in a cutter had orders to carry out an attack on -the battleship <span class='it'>Tirpitz</span> in Drontheim Fjord by means of a two-man -torpedo. The action failed since both torpedoes which -were attached to the cutter were lost in the stormy sea. From -the crew consisting of six Englishmen and four Norwegians, -<span class='pageno' title='39' id='Page_39'></span> -a party of three Englishmen and two Norwegians were challenged -on the Swedish border. However, only the British -seaman Robert Paul Evans, born 14 January ’22 at London, -could be arrested . . . the others escaped into Sweden.</p> -<hr class='tbk138'/> -<p class='noindent'>“Evans had a pistol pouch in his possession such as are used -to carry weapons under the armpit and also a knuckle-duster. -Violence, representing a breach of international law, could not -be proved. He has made extensive statements about the -operation. In accordance with the Führer’s order he was shot -on 19 January ’43.”</p> - -</div> - -<p class='pindent'>Again I submit, that is murder. Violence representing a breach -of international law could not be proved.</p> - -<p class='pindent'>My Lord, then the third paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Blowing up of the Glomfjord power station.</p> -<hr class='tbk139'/> -<p class='noindent'>“On 16 September ’42, 10 Englishmen and two Norwegians -landed on the Norwegian coast dressed in the uniform of the -British Mountain Rifle Regiment, heavily armed and equipped -with explosives of every description. After negotiating difficult -mountain country they blew up important installations in the -power station Glomfjord on 21 September ’42. The German -sentry was shot dead on that occasion. Norwegian workmen -were threatened that they would be chloroformed should they -resist. For this purpose the Englishmen were equipped with -morphia syringes. Several of the participants have been -arrested while the others escaped into Sweden.</p> -<hr class='tbk140'/> -<p class='noindent'>“Those arrested are: Captain Graeme Black, born 9 May ’11 -in Dresden; Captain Joseph Houghton, born 13 June ’11 at -Bromborough; Sergeant-major Miller Smith, born 2 November -’15 at Middlesborough; Corporal William Chudley, born 10 -May ’22 at Exeter; Rifleman Reginald Makeham, born 28 -January ’14 at Ipswich; Rifleman Cyril Abram, born 20 August -’22 in London; Rifleman Eric Curtis, born 24 October ’21 in -London. They were shot on 30 October ’42.”</p> - -</div> - -<p class='pindent'>Again there is no suggestion that there was any breach of international -law. They were British seamen and they were in uniform.</p> - -<p class='pindent'>Then Paragraph 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“The sabotage attack against German ships off Bordeaux.</p> -<hr class='tbk141'/> -<p class='noindent'>“On 12 December ’42, a number of German ships off Bordeaux -were seriously damaged by explosives below water-level. The -adhesive mines had been fixed by five English sabotage gangs -working from canoes. Of the 10 participants the following -were arrested after a few days. . . .”</p> - -</div> - -<p class='pindent'>Then there followed six names, six British names—one an Irishman; -a lieutenant, a petty officer, a sergeant, and three marines. -<span class='pageno' title='40' id='Page_40'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“A seventh soldier named Moffett was found drowned; the -remainder apparently escaped into Spain.</p> -<hr class='tbk142'/> -<p class='noindent'>“The participants proceeded in pairs from a submarine in -canoes upstream into the mouth of the River Gironde. They -were wearing olive grey special uniforms. After effecting the -explosions they sank the boats, and attempted to escape into -Spain in civilian clothes, with the assistance of the French -civilian population. No special criminal actions during the -flight have been discovered. All the arrested, in accordance -with orders, were shot on 23 March 1943.”</p> - -</div> - -<p class='pindent'>Keitel initialed that document. That document, read by my -learned leader Sir David Maxwell-Fyfe not so long ago, is Document -Number 735-PS, quoting Keitel as saying, “I am against legal procedure. -It does not work out.”</p> - -<p class='pindent'>THE PRESIDENT: Would you read the Page 5 which follows that?</p> - -<p class='pindent'>MR. ROBERTS: If it will please the Tribunal, that is what I -shall do. Page 5:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer’s headquarters, 9 January 1944. The Chief of -OKW has handed the Deputy Chief”—that ought to be WFSt, -that is Jodl—“the enclosed letter with the following account:</p> -<hr class='tbk143'/> -<p class='noindent'>“It is of no importance to establish documentary proof of -breaches of international law. What is important, however, is -the collection of material suitable for a propaganda presentation -of a display trial. A display trial as such is therefore not -meant actually to take place but merely to be a propaganda -presentation of cases of breaches of international law by -enemy soldiers, who will be mentioned by name and who -have already either been punished with death or are awaiting -the death penalty. The Chief of the OKW asks the Chief of -the Foreign Department to bring with him pertinent documents -for his next visit to the Führer’s headquarters.”</p> - -</div> - -<p class='pindent'>As the Tribunal heard from my learned friend, Sir David -Maxwell-Fyfe, when he read Document 735-PS earlier today, Keitel -said, “I am against legal procedure. It does not work out.”</p> - -<p class='pindent'>One can agree with Keitel after having read that record of what, -in my submission, is cold-blooded murder of brave men, brave soldiers -and sailors who were fighting for their country; and although -this Trial has a record of the death of brave men, of the murder of -brave men, there are few cases which are more poignant than those -shown in the documents to which I have just referred.</p> - -<p class='pindent'>I have finished my presentation of the case against Keitel and -against Jodl. So far as Jodl’s part in the War Crimes and Crimes -against Humanity is concerned, he figures much less than Keitel. -Of course, he had no power of giving orders or directives, but we -<span class='pageno' title='41' id='Page_41'></span> -see that he at any rate signed and circulated an infamous order of -the Führer saying that commandos ought to be shot and are not to -be treated as prisoners of war at all.</p> - -<p class='pindent'>In my submission the evidence against these two men is overwhelming -and their conviction is demanded by the civilized world.</p> - -<p class='pindent'>Your Lordships, Mr. Walter W. Brudno of the American Delegation -will present the case against Alfred Rosenberg.</p> - -<p class='pindent'>MR. WALTER W. BRUDNO (Assistant Trial Counsel for the -United States): May it please the Tribunal, in connection with the -case against the Defendant Rosenberg, I wish to offer the document -book designated as United States Exhibit EE. This book contains -the English translation of all the documents which I will offer into -evidence, as well as the English translation of those documents -previously offered to which I will refer. The documents are arranged -by series in the order of C, L, R, PS, and EC, and they are arranged -numerically within each series.</p> - -<p class='pindent'>Your Honors will note that on the first four pages of the document -book there appears a descriptive list of documents. This list -is a tabulation of all the documents directly implicating Rosenberg, -including those previously offered, and those which I will offer into -evidence. Those previously offered are keyed to the transcript page -of the Record, and to their exhibit numbers. The list is included in -the document books. The list is included in the document books -made available to the Defense. This list will gather together in -one place all references to the Defendant Rosenberg which are in -the Record up to this point. In order to avoid repetition, I will not -refer to a great many of the documents previously introduced.</p> - -<p class='pindent'>The Indictment at Page 29 (Volume I, Page 70) charges the -Defendant Rosenberg under all four Counts of the Indictment. In -the presentation which follows, I will show that as charged in Count -One, Section IV, Subparagraph D, Rosenberg played a particularly -prominent role in developing and promoting the doctrinal techniques -of the conspiracy, in developing and promoting beliefs and practices -incompatible with Christian teaching, in subverting the influence of -the churches over the German people, in pursuing the program of -relentless persecution of the Jews, and in reshaping the educational -system in order to make the German people amenable to the will of -the conspirators and to prepare the people psychologically for -waging an aggressive war.</p> - -<p class='pindent'>I will also show that Rosenberg played an important role in -preparing Germany for the waging of aggressive war through the -direction of foreign trade, as charged in Count One, Subparagraph E, -of the Indictment, and that his activities in the field of foreign -policy contributed materially toward the preparation for the -<span class='pageno' title='42' id='Page_42'></span> -aggression charged in Subparagraph F in the Indictment and the -Crimes against Peace, as charged in Count Two.</p> - -<p class='pindent'>Finally I will show that Rosenberg participated in the planning -and direction of the War Crimes and Crimes against Humanity, as -specified in Paragraph G of Count One of the Indictment. Particularly, -he participated in the planning and direction of the -spoliation of art treasures in the western countries and in the -numerous crimes committed in that part of the eastern countries -formerly occupied by the U.S.S.R.</p> - -<p class='pindent'>The political career of the Defendant Rosenberg embraced the -entire history of National Socialism and permeated nearly every -phase of the conspiracy with which we are concerned. In order to -obtain a full conception of his influence upon and participation in -the conspiracy, it is necessary to review briefly his political history, -and to consider each of his political activities in their relation to -the thread of the conspiracy which stretches from the inception of -the Party in 1919 to the defeat of Germany in 1945.</p> - -<p class='pindent'>It is both interesting and revealing to note that for Rosenberg -the 30th of November 1918 marked the “beginning of political -activities with a lecture about the ‘Jewish Problem.’ ” That statement -is found at Line 2 of the translation of Document 2886-PS, -which is an excerpt from a book entitled, <span class='it'>The Work of Alfred -Rosenberg</span>, a biography, and I offer this book as Exhibit Number -USA-591.</p> - -<p class='pindent'>From the Document 3557-PS, which has excerpts from an -official pamphlet entitled <span class='it'>Dates in the History of the NSDAP</span>, and -which I offer as Exhibit Number USA-592, we learn that Rosenberg -was a member of the German Labor Party, afterwards the National -Socialist German Workers Party, in January 1919 and that Hitler -joined forces with Rosenberg and his colleagues in October of the -same year. Thus, Rosenberg was a member of the National Socialist -movement even before Hitler himself.</p> - -<p class='pindent'>Now I wish to offer Document 3530-PS, which is an extract -from <span class='it'>Das Deutsche Führer Lexikon</span>, the year of 1934-35, and I -offer it as Exhibit Number USA-593. In this document we obtain -additional biographical data on Rosenberg as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“From 1921 until the present he was editor of the <span class='it'>Völkische -Beobachter</span>; editor of the <span class='it'>N. S. Monatshefte</span>; in 1930, he -became member of the Reichstag and representative of the -foreign policies for the Party . . . since April 1933 he was -leader of the foreign political office of the NSDAP, then -designated Reichsleiter; in January 1934, deputized by the -Führer for the supervision of the ideological education of -the NSDAP, the German labor front, and all related organizations.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='43' id='Page_43'></span></p> - -<p class='pindent'>The Document 2886-PS, which I have just referred to, offered -as Exhibit Number USA-591, adds that in July 1941 Rosenberg was -appointed Reich Minister for the Occupied Eastern Territories.</p> - -<p class='pindent'>With this general background information in mind the first -phase of proof will deal with Rosenberg as official National Socialist -ideologist. The proof which I will present will show the nature and -scope of the ideological tenets he expounded, and the influence he -exerted upon the unification of German thought, a unification -which was an essential part of the conspirators’ program for the -seizure of power and preparation for aggressive war.</p> - -<p class='pindent'>Rosenberg wrote extensively on, and actively participated in, -virtually every aspect of the National Socialist program. His first -publication was the <span class='it'>Nature, Basic Principles, and Aims of the -NSDAP</span>. This publication appeared in 1922. Rosenberg spoke of this -book in a speech which we have seen and heard delivered in the -motion picture previously introduced as Exhibit Number USA-167. -On Page 2, Part 1, of the transcription of the speech, which is -our Document Number 3054-PS, Rosenberg stated as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“During this time”—that is, during the early phase of the -Party—“I wrote a short thesis which nevertheless is significant -in the history of the NSDAP.”—This is Rosenberg -speaking.—“It was always being asked what points of program -the NSDAP had and how they were to be interpreted. Therefore -I wrote the <span class='it'>Nature, Basic Principles, and Aims of the -NSDAP</span>, and this writing made the first permanent connection -for Munich and local organizations being created -and friends within the Reich.”</p> - -</div> - -<p class='pindent'>We thus see that the original draftsman of, and spokesman on, -the Party program was the Defendant Rosenberg. Without attempting -to survey the entire ideological program advanced by -the Defendant Rosenberg in his various writings and speeches, -which are very numerous, I wish to offer into evidence certain of -his statements as an indication of the nature and broad scope of -the ideological program which he championed. It will be seen that -there was not a single basic tenet of the Nazi philosophy which -was not given authoritative expression by Rosenberg. Rosenberg -wrote the book entitled <span class='it'>Myth of the Twentieth Century</span>, published -in 1930. This book has already been offered as Exhibit USA-352. At -Page 479, which Your Honor will find on the second page of Document -3553-PS, Rosenberg wrote on the race question as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The essence of the contemporary world revolution lies in -the awakening of the racial type; not in Europe alone but -on the whole planet. This awakening is the organic counter -movement against the last chaotic remnants of the liberal -economic imperialism, whose objects of exploitation out of -<span class='pageno' title='44' id='Page_44'></span> -desperation have fallen into the snare of Bolshevik Marxism, -in order to complete what democracy had begun, the extirpation -of the racial and national consciousness.”</p> - -</div> - -<p class='pindent'>Rosenberg expounded the Lebensraum idea, which idea was -the chief motivation, the dynamic impulse behind Germany’s waging -of aggressive war. In his journal, the <span class='it'>National Socialist Monatshefte</span>, -for May 1932, which I wish to offer as Exhibit Number -USA-594, our Document Number 2777-PS, he wrote at Page 199:</p> - -<div class='blockquote'> - -<p class='noindent'>“The understanding that the German nation, if it is not -to perish in the truest sense of the word, needs ground and -soil for itself and its future generations; and the second sober -perception that this soil can no more be conquered in Africa, -but in Europe and first of all in the East—these organically -determine the German foreign policy for centuries.”</p> - -</div> - -<p class='pindent'>Rosenberg expressed his theory as to the place of religion in -the National Socialist State in his <span class='it'>Myth of the Twentieth Century</span>, -additional excerpts from which are cited in Document 2891-PS. -At Page 215 of the “Myth” he wrote as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“We now realize that the central supreme values of the -Roman and the Protestant Churches being a negative -Christianity do not respond to our soul, that they hinder the -organic powers of the people designated as a Nordic race, -that they must give way to them, that they have to be -remodelled to conform to a Germanic Christianity. Therein -lies the meaning of the present religious search.”</p> - -</div> - -<p class='pindent'>In the place of traditional Christianity, Rosenberg sought to -implant the neo-pagan myth of the blood.</p> - -<p class='pindent'>THE PRESIDENT: Do you want to break off here for a recess?</p> - -<p class='pindent'>MR. BRUDNO: Yes, Your Honor.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>THE PRESIDENT: I have an announcement to make to the -defendants’ counsel. In view of the applications which were made -to the Tribunal this morning, I immediately ordered on behalf of -the Tribunal that an investigation should be made of the complaints -made by defendants’ counsel about the delay in the delivery of -the transcript of the shorthand notes and such delay will be -remedied at once. The investigation shows that transcripts of the -sessions up to and including the 20th of December can be completed -by this afternoon. The transcripts for the sessions held since the -resumption of the Trial will be distributed, up to and including -the 8th of January, by tomorrow evening. Hereafter, the German -<span class='pageno' title='45' id='Page_45'></span> -transcripts will be regularly distributed to the Defense Counsel -within a period of 48 hours after the session.</p> - -<p class='pindent'>MR. BRUDNO: If Your Honors please, when the Court rose I had -just read a quotation of Rosenberg, in which he expressed his -views on Christianity.</p> - -<p class='pindent'>In the place of traditional Christianity, Rosenberg sought to -implant the neo-pagan myth of the blood. At Page 114 in the <span class='it'>Myth -of the Twentieth Century</span> he stated as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Today, a new faith is awakening; the myth of the blood, -the belief that the divine being of mankind generally is to -be defended with the blood. The faith embodied by the fullest -realization that the Nordic blood constitutes that mystery -which has supplanted and overwhelmed the old sacraments.”</p> - -</div> - -<p class='pindent'>Rosenberg’s attitudes on religion were accepted as the only -philosophy compatible with National Socialism. In 1940 the Defendant -Bormann wrote to Rosenberg in Document 098-PS, which has -been previously introduced as Exhibit Number USA-350; and I -quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The churches cannot be conquered by a compromise between -National Socialism and Christian teachings but only through -a new ideology, whose coming you, yourself, have announced -in your writings.”</p> - -</div> - -<p class='pindent'>Rosenberg actively participated in the program for elimination -of church influence. The Defendant Bormann frequently wrote -Rosenberg in this regard, furnishing him information as to proposed -action to be instituted against the churches; and, when necessary, -requesting that action be taken by Rosenberg’s department. -I refer to documents introduced in connection with the case against -the Leadership Corps, such documents as 070-PS, Exhibit Number -USA-349, which deals with abolition of religious services in the -schools; Document 072-PS, Exhibit Number USA-357, dealing with -confiscation of religious property; Document 064-PS, Exhibit -Number USA-359, which deals with the inadequacy of anti-religious -material being circulated to the soldiers; Document 089-PS, -Exhibit Number USA-360, dealing with curtailment of the publication -of Protestant periodicals; and Document 122-PS, which is -Exhibit Number USA-362, dealing with the closing of theological -faculties.</p> - -<p class='pindent'>Rosenberg was particularly avid in his pursuit of what he called -the “Jewish question.” On the 28th of March 1941, on the occasion -of the opening of the Institute for the Exploration of the Jewish -Question, he set the keynote for its activities and indicated the -direction which the exploration was to take. I would like to quote -from Document 2889-PS, which I offer as Exhibit Number USA-595. -<span class='pageno' title='46' id='Page_46'></span> -This is an excerpt from the <span class='it'>Völkischer Beobachter</span>, 29th of March -1941. This is a statement made by Rosenberg on the occasion of -the opening of the institute.</p> - -<div class='blockquote'> - -<p class='noindent'>“For Germany the Jewish question is only then solved when -the last Jew has left the Greater German space.</p> -<hr class='tbk144'/> -<p class='noindent'>“Since Germany with its blood and its folkdom has now -broken for always this Jewish dictatorship for all Europe -and has seen to it that Europe as a whole will become free -from the Jewish parasitism once more, we may, I believe, also -say for all Europeans: For Europe the Jewish question is -only then solved when the last Jew has left the European continent.”</p> - -</div> - -<p class='pindent'>It has already been seen that Rosenberg did not overlook any -opportunity to put these anti-Semitic beliefs into practice. Your -Honors will recall that in Document 001-PS, which was introduced -as Exhibit Number USA-282 in connection with the case on persecution -of the Jews, Rosenberg recommended that instead of -executing 100 Frenchmen as retaliation for attempts on lives of -members of the Wehrmacht, there be executed 100 Jewish bankers, -lawyers, et cetera. The recommendation was made with the avowed -purpose of awakening the anti-Jewish sentiment.</p> - -<p class='pindent'>Document 752-PS, which was introduced this morning by Sir -David Maxwell-Fyfe as Exhibit GB-159, discloses that Rosenberg -had called an anti-Semitic congress in June 1944, although this -congress was cancelled due to military events.</p> - -<p class='pindent'>In the realm of foreign policy, in addition to demanding Lebensraum, -Rosenberg called for elimination of the Versailles Treaty -and cast aside any thought of revision of that treaty. In his book -<span class='it'>The Nature, Basic Principles, and Aims of the NSDAP</span>, written by -Rosenberg in 1922, he expressed his opinions regarding the Treaty -of Versailles. Excerpts from this book are translated in Document -2433-PS, and I offer the book as Exhibit Number USA-596. He -stated as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The National Socialists reject the popular phrase of the ‘Revision -of the Peace of Versailles’ as such a revision might perhaps -bring a few numerical reductions in the so-called ‘obligations’; -but the entire German people would still be, just -as before, the slave of other nations.”</p> - -</div> - -<p class='pindent'>Then he goes on to expound the second point of the Party:</p> - -<div class='blockquote'> - -<p class='noindent'>“We demand equality for the German people with other -nations, the cancellation of the peace treaties of Versailles -and St. Germain.”</p> - -</div> - -<p class='pindent'>Rosenberg conceived of the spread of National Socialism throughout -the world and, as will be subsequently shown, took an active -<span class='pageno' title='47' id='Page_47'></span> -part in promoting the infection of other nations with his creed. -In the <span class='it'>Nature, Basic Principles, and Aims of the NSDAP</span> he states:</p> - -<div class='blockquote'> - -<p class='noindent'>“But National Socialism still believes that its principles and -ideology—though in individual methods of fight according to -various racial conditions—will be directives far beyond the -borders of Germany for the inevitable fights for power in -other countries of Europe and America. There too a clear -line of thought must be drawn, and the racial-nationalistic -fight against the everywhere-similar loan-capitalistic and -Marxist-internationalism must be taken up. National Socialism -believes that once the great world battle is concluded, after -the defeat of the present epoch, there will be a time when -the swastika will be woven into the different banners of the -Germanic peoples as the Aryan symbol of rejuvenation.”</p> - -</div> - -<p class='pindent'>This statement was made in 1922. It is thus seen that the Defendant -Rosenberg gave authoritative expression to the basic tenets -upon which National Socialism was founded and through the -exploitation of which the conspiracy was crystallized in action.</p> - -<p class='pindent'>Rosenberg’s value to the conspiratorial program found official -recognition with his appointment in 1934 as the Führer’s delegate -for the entire spiritual and philosophical education and supervision -of the NSDAP. His activities in this capacity were vast and varied.</p> - -<p class='pindent'>I now offer in evidence the <span class='it'>National Socialist Year Book</span> for -the year 1938 as Exhibit Number USA-597. At Page 180 of this -book, which is our Document Number 3531-PS, the functions of -Rosenberg’s office as the Führer’s delegate are described as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The sphere of activity of the Führer’s delegate for the -entire spiritual and ideological instruction and education of -the movement, its organizations, including the ‘Strength -through Joy,’ extends to the uniform execution of all the -educational work of the Party and of the affiliated organizations. -The office set up by Reichsleiter Rosenberg has the -task of preparing the ideological education material, of -carrying out the teaching program, and is responsible for -the education of those teachers suited to this educational and -instructional work.”</p> - -</div> - -<p class='pindent'>As the Führer’s delegate, Rosenberg thus supervised all ideological -education and training within the Party.</p> - -<p class='pindent'>It was Rosenberg’s personal belief that upon the performance -of his new functions as ideological delegate depended the future -of National Socialism. I offer Document 3532-PS as Exhibit Number -USA-598. This is an excerpt from an article by Rosenberg appearing -in the March 1934 issue of <span class='it'>The Educational Letter</span>. At Page 9 of -this publication Rosenberg states: -<span class='pageno' title='48' id='Page_48'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“The focus of all our educational work from now on is the -service for this ideology; and it depends on the result of -these efforts, whether National Socialism will die with our -fighting generation or whether, as we believe, it really -represents the beginning of a new era.”</p> - -</div> - -<p class='pindent'>In his capacity as the Führer’s delegate for the spiritual and -ideological training, Rosenberg assisted in the preparation of the -curriculum for the Adolf Hitler schools. These schools, it will be -recalled, selected the most suitable candidates from the Hitler -Jugend and trained them for leadership within the Party. They -were the elite schools of National Socialism. The next document, -entitled “Documents of German Politics” is already in evidence as -Exhibit Number USA-365. Translations of excerpts from this document -are found in 3529-PS, Page 389, and read as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“As stated by Dr. Ley, Reich Organization Leader, on 23 -November 1937 at Ordensburg Sonthofen, these Adolf Hitler -Schools, as the first step of the principle of selecting a special -elite, form an important branch in the educational system of -the National Socialist training of future leaders. . . .</p> -<hr class='tbk145'/> -<p class='noindent'>“ ‘The curriculum has been laid down by Reichsleiter Rosenberg, -together with the Reich Organization Leader and the -Reich Youth Leader.’ ”</p> - -</div> - -<p class='noindent'>Rosenberg exercised further influence in the education of Party -members in the establishment of community schools for all organizations -of the Party. Document 3528-PS is a translation of Page 297 -of the 1934 edition of <span class='it'>Das Dritte Reich</span>, which I offer as Exhibit -Number USA-599. It reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“We support the request of the Führer’s delegate for the -supervision of the entire spiritual and ideological education -and instruction of the NSDAP, Party member Alfred Rosenberg, -to organize community schools of all organizations of -the NSDAP twice a year, in order to show by this common -effort the ideological and political unity of the NSDAP and -the steadfastness of the National Socialist will.”</p> - -</div> - -<p class='noindent'>This program was endorsed by the Defendant Schirach as well -as by Himmler, Ley, and others.</p> - -<p class='noindent'>THE PRESIDENT: Aren’t you dealing with this rather in a -cumulative way? Isn’t it possible to summarize this evidence against -Rosenberg more than you are doing?</p> - -<p class='noindent'>MR. BRUDNO: I will try to, Your Honor. However, although the -Indictment charges, and there is already substantial proof to show -that the defendant conspirators used ideological training as an implement -in achieving their rise to power and in consolidating their -control, there seems to be little evidence as to Rosenberg’s position; -<span class='pageno' title='49' id='Page_49'></span> -and I am introducing this evidence in order to show that he played -a dominant role in this connection. However, I will try to summarize -these documents if I can.</p> - -<p class='noindent'>THE PRESIDENT: Well, I’ve taken down about 20 documents -that you have alluded to, all of which deal with Rosenberg’s ideological -theories.</p> - -<p class='noindent'>MR. BRUDNO: Yes, Your Honor. I was merely trying to show -the scope of his activities.</p> - -<p class='noindent'>THE PRESIDENT: Yes.</p> - -<p class='noindent'>MR. BRUDNO: Your Honors will recall that it was in his -capacity as Führer’s delegate that Rosenberg established the -Institute for the Exploration of the Jewish Question in Frankfurt. -This institute, commonly known as the “Hohe Schule,” has been -referred to in connection with the exposition of art plunders. Into -its library there flowed books, documents, and manuscripts which -were looted from virtually every country of occupied Europe. -Further evidence on this score will be introduced by the prosecutor -of the Republic of France.</p> - -<p class='noindent'>Your Honors will also recall, and the Record shows at Pages -1671 to 1687 (Volume IV, Pages 81 to 92), that it was as ideological -delegate that Rosenberg conducted the fabulous art looting activities -of the Einsatzstab Rosenberg, activities which extended to virtually -every country occupied by the Germans. I will not attempt -to summarize the extent of the plunder and merely refer the -Tribunal to Document 1015(b)-PS, which has already been introduced -as Exhibit Number USA-385, and Document L-188, which -has been introduced as Exhibit Number USA-386. Document -1015(b)-PS details the looting of 21,000 objects of art; Document -L-188, the looting of the contents of over 71,000 Jewish homes in -the West. This subject, too, will be further developed by the French -Prosecutor.</p> - -<p class='noindent'>The importance of Rosenberg’s activities as official ideologist -of the Nazi Party was not overlooked. In Document 3559-PS, which -I wish to introduce as Exhibit Number USA-600—this document, -incidentally, is the Hart biography of Rosenberg, entitled <span class='it'>Alfred -Rosenberg, The Man and His Work</span>—it is stated that Rosenberg won -the German National Prize in 1937. The creation of this prize, Your -Honors will recall, was the Nazis’ petulant reply to the award of -the Nobel Prize to Karl von Ossietzki, an inmate of a German -concentration camp. The citation which accompanied the award to -Rosenberg reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Alfred Rosenberg has helped with his publications to lay -the scientific and intuitive foundation and to strengthen the -ideology of National Socialism in the most excellent way. . . . -<span class='pageno' title='50' id='Page_50'></span> -The National Socialist movement, and beyond that, the entire -German people will be deeply gratified that the Führer has -distinguished Alfred Rosenberg as one of his oldest and most -faithful fighting comrades by awarding him the German -National Prize.”</p> - -</div> - -<p class='noindent'>The contribution which Rosenberg’s book, the <span class='it'>Myth of the -Twentieth Century</span>, the foundation of all his ideological propaganda, -made in the development of National Socialism, was appraised in -a publication Bücher Kunde in 1942. This publication is our Document -Number 3554-PS, dated November 1942. I offer it as Exhibit -Number USA-601. The first page sets forth an appraisal of the -<span class='it'>Myth of the Twentieth Century</span>.</p> - -<p class='noindent'>THE PRESIDENT: Mr. Brudno, you referred us to the <span class='it'>Myth of -the Twentieth Century</span> on several occasions.</p> - -<p class='noindent'>MR. BRUDNO: Yes, Your Honor.</p> - -<p class='noindent'>THE PRESIDENT: We really don’t want to hear any more -about it.</p> - -<p class='noindent'>MR. BRUDNO: I wish to show that this book is regarded as being -one of the pillars of the movement and I wish to show also, Sir, -that it had a circulation of over a million copies.</p> - -<p class='noindent'>THE PRESIDENT: Well, I think it is absolutely clear from the -evidence which has already been given that Rosenberg was -enunciating doctrines of the ideology of the Nazi Party; and I -don’t think that it is necessary to go any further into details about it.</p> - -<p class='noindent'>MR. BRUDNO: Very well. If the Tribunal is satisfied that Rosenberg’s -ideas formed the foundation for the National Socialist ideological -movement, I will pass on.</p> - -<p class='noindent'>THE PRESIDENT: Well, you have already brought out the fact -that he was appointed the Führer’s deputy for that purpose; wasn’t he?</p> - -<p class='noindent'>MR. BRUDNO: Yes, Your Honor. I shall pass on from that point. -I would merely like to make reference, however, to Document 789-PS, -which has already been introduced as Exhibit Number USA-23. This -document records a meeting between Hitler and his supreme commanders, -on which occasion Hitler said, “The building up of our -Armed Forces was possible only in connection with the ideological -education of the German people by the Party.”</p> - -<p class='noindent'>We submit that the contribution which Rosenberg made through -formulation and dissemination of National Socialist ideology was -fundamental to the conspiracy. As the apostle of neo-paganism, the -exponent of the drive for Lebensraum, and the glorifier of the myth -of Nordic superiority and as one of the oldest and most energetic -Nazi proponents of anti-Semitism, he contributed materially to the -unification of the German people behind the swastika. He provided -<span class='pageno' title='51' id='Page_51'></span> -the impetus and the inspiration for the National Socialist movement. -His doctrines were responsible for the sublimation of morality and -the crystallization of the Nordic dream in the minds of the German -people, thereby making them useful tools in the hands of the conspirators -and willing collaborators in the prosecution of their -criminal plan.</p> - -<p class='noindent'>I now pass to the second phase of Rosenberg’s criminal activities—his -active contribution toward the preparation for aggressive -war through the international activities of the APA, the Foreign -Policy Office of the Party.</p> - -<p class='noindent'>As previously indicated in my quotation from <span class='it'>Das Führer -Lexikon</span>, which is Exhibit Number USA-593, Rosenberg became a -Reichsleiter, the highest level of rank in the Leadership Corps, and -was made chief of the foreign policy office of the Party in April 1933. -The organization manual of the Party, Document 2319-PS, which I -offer as Exhibit Number USA-602, describes the functions of the -APA as including the influencing of public opinion abroad so as to -convince foreign nations that Germany desired peace. The far-flung -activities of the APA are indicated at Page 14 of the translation of -this document and are stated as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“1. The APA is divided into three main offices:</p> -<hr class='tbk146'/> -<p class='noindent'>“A. Office for Foreign Areas with its main sections: a) England -and Far East; b) Near East; c) southeast; d) north; e) old Orient; -f) controls, personnel questions, <span class='it'>et cetera</span>.</p> -<hr class='tbk147'/> -<p class='noindent'>“B. Office of the German Academic Exchange Service. . . .</p> -<hr class='tbk148'/> -<p class='noindent'>“C. Office of Foreign Commerce.</p> -<hr class='tbk149'/> -<p class='noindent'>“2. Moreover, there is in the APA a main office for the press -service and an educational office.”</p> - -</div> - -<p class='pindent'>The press activities of the APA were designed to influence world -opinion in such a manner as to conceal the conspirators’ true -purposes and thus facilitate the preparation for waging aggressive -war. The activities were carried on, on an ambitious scale. I offer -into evidence Document 003-PS, which is entitled <span class='it'>A Short Report -on the Activities of the APA of the NSDAP</span>. It is Exhibit Number -USA-603. The last paragraph on Page 5 of the translation describes -the press activities as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Press Division of the APA is staffed by persons conversant -with all languages to be considered. They examine -approximately 300 newspapers daily and deliver to the Führer, -the Führer’s deputy, and all other interested offices the condensations -of the important trends of the entire world press. -. . . The Press Division furthermore maintains an exact record -on the prestige of the most important papers and journalists -of the world. Many embarrassments during conferences in -<span class='pageno' title='52' id='Page_52'></span> -Germany could have been avoided had one consulted these -archives. . . . Further, the Press Division was able to arrange -a host of interviews with me as well as conducting a great -number of unobjectionable foreign journalists to the various -official representatives of Germany.”</p> - -</div> - -<p class='noindent'>And then:</p> - -<div class='blockquote'> - -<p class='noindent'>“Hearst then personally asked me to write often about the -position of German foreign policy in his papers. This year -five detailed articles have appeared under my name in Hearst -papers all over the world. Since these articles, as Hearst -personally let me know, presented well-founded arguments, -he asked me to write further articles for his paper.”</p> - -</div> - -<p class='pindent'>Thus, Rosenberg used his foreign policy office to influence world -opinion on behalf of National Socialism.</p> - -<p class='pindent'>It is interesting to note in passing that Rosenberg states, at -Page 4 of this document, that the Romanian anti-Semitic leader, -Cuza, followed his suggestions as—in Rosenberg’s words—“he had -recognized in me an unyielding anti-Semite.” We will hear more of -this affair shortly.</p> - -<p class='pindent'>The nature and extent of the activities of the APA are amply -disclosed in a single document. This is the principal document to -which I will refer in this phase of the case against Rosenberg. This -document bears our Number 007-PS and is entitled, “Report on the -Activities of the Foreign Affairs Bureau of the Party from 1933 to -1943.” It is signed by Rosenberg. Portions of Annex 1, attached to -the report, have already been read into evidence as Exhibit GB-84. -The body of the report and Annex 2 have not been referred to -heretofore. As will be seen the document contains a recital of -widespread activities in foreign countries. These activities range -from the promotion of economic penetration to fomentation of anti-Semitism; -from cultural and political infiltration to the instigation -of treason. Activities were carried on throughout the world and -extended to such widely separated points as the Middle East and -Brazil.</p> - -<p class='pindent'>Many of the APA’s achievements were brought about through -the subtle exploitation of personal relationships. Reading from the -middle of the first paragraph on Page 2 of the translation, which -refers to activities in Hungary, we learn that:</p> - -<div class='blockquote'> - -<p class='noindent'>“The first foreign state visit after the seizure of power took -place through the mediation of the foreign policy office. Julius -Gömbös, who in former years had himself pursued anti-Semitic -and racial tendencies and with whom the office maintained -a personal connection, had reached the Hungarian -Premier’s chair. . . .”</p> - -</div> - -<p class='pindent'><span class='pageno' title='53' id='Page_53'></span></p> - -<p class='pindent'>The APA endeavored to strengthen the war economy by shifting -the source of food imports to the Balkans, as stated in Paragraph 3 -on Page 2 of the translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Motivated by reasons of war economy, the office advocated -the transfer of raw material purchases from overseas to the -areas accessible by overland traffic routes.”</p> - -</div> - -<p class='pindent'>Then he goes on to point out that they had successfully shifted -the source of food imports, particularly fruit and vegetable imports, -to the Balkans as a result of the activities of the offices.</p> - -<p class='pindent'>Activities in Belgium, Holland, and Luxembourg were confined, -according to the report, to “observation of existing conditions”—a -phrase which may have broad connotations—and “to the establishment -of relations, especially of a commercial nature.”</p> - -<p class='pindent'>In Iran the APA achieved a high degree of economic penetration, -in addition to promoting cultural relations. I quote from the middle -of the third paragraph on Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“The office’s initiative in developing, with the help of commercial -circles, entirely new methods for the economic penetration -of Iran found expression, in an extraordinarily -favorable way, in reciprocal trade relations. Naturally, in -Germany, too, this initiative encountered a completely -negative attitude and resistance on the part of the competent -State authorities, an attitude that at first had to be overcome. -In the course of a few years, the volume of trade with Iran -was multiplied five-fold and in 1939 Iran’s trade turnover with -Germany had attained first place.”</p> - -</div> - -<p class='pindent'>In the last sentence on Page 3. . .</p> - -<p class='pindent'>THE PRESIDENT: Well, now, Mr. Brudno, will you kindly -explain to the Tribunal how the paragraph that you just read bears -upon the guilt of Rosenberg in this Trial?</p> - -<p class='pindent'>MR. BRUDNO: If Your Honor pleases, we submit that the -conspirators used, as one of the tools of conspiracy, the economic -penetration of those countries which they deemed strategically -necessary to have within the Axis orbit. The activities of Rosenberg -in the field of foreign trade contributed materially, we submit, to -the advancement of the conspiracy, as charged in the Indictment.</p> - -<p class='pindent'>THE PRESIDENT: Are you suggesting that it is a crime to try -and stimulate trade in foreign countries?</p> - -<p class='pindent'>MR. BRUDNO: If Your Honor pleases, the expression of ideological -opinions or the advancement of foreign trade do not, in themselves, -constitute a crime, we agree.</p> - -<p class='pindent'>THE PRESIDENT: There is nothing here about ideological -considerations. It is simply a question of trade. -<span class='pageno' title='54' id='Page_54'></span></p> - -<p class='pindent'>MR. BRUDNO: Further on, Your Honor, he mentions the cultural -activities.</p> - -<p class='pindent'>THE PRESIDENT: I was confining myself, in order to try to -get on, to the particular paragraph that you had just cited.</p> - -<p class='pindent'>MR. BRUDNO: I see, Your Honor; we are merely trying to show, -Sir, that the Germans used the foreign trade weapon as a material -part of the conspiratorial program.</p> - -<p class='pindent'>THE PRESIDENT: As I have said before, it is not possible for -me or for any member of this Tribunal to conduct the case of the -Prosecution for them. We can only tell them when we think they -are being irrelevant and cumulative and ask them to try to cut -down their presentation. It is for you to cut it down.</p> - -<p class='pindent'>MR. BRUDNO: Rosenberg goes on to state, if Your Honor please, -at Page 3 of the translation, that “Afghanistan’s neutral position -today is largely due to the office’s activity.”</p> - -<p class='pindent'>In connection with Arabia, he says:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Arab question, too, became part of the work of the office. -In spite of England’s tutelage of Iraq, the office established a -series of connections to a number of leading personalities of -the Arab world, smoothing the way for strong bonds to Germany. -In this connection, the growing influence of the Reich -in Iran and Afghanistan did not fail to have repercussions in -Arabia.”</p> - -</div> - -<p class='pindent'>Rosenberg concluded his report with the statement that, with the -outbreak of war, he was entitled to consider his task as terminated, -and then he says, “The exploitation of the many personal connections -in many lands can be resumed under a different guise.”</p> - -<p class='pindent'>I now turn to Annex 2 of the report, which is found at Page 9 -of the translation. This annex deals with activities in Romania. -Here the APA’s intrigue was more insidious, its interference in the -internal affairs of a foreign nation more pronounced. After describing -the failure of what Rosenberg terms a “basically sound anti-Semitic -tendency,” due to dynastic squabbles and Party fights, Rosenberg -describes the APA’s influence in the unification of conflicting -elements. I quote, beginning with the ninth line of the translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“What was lacking was the guiding leadership of a political -personality. After manifold groping trials the office believed -such a personality to have been found in the former Minister -and poet, Octavian Goga. It was not difficult to convince this -poet, pervaded by instinctive inspiration, that a greater Romania, -though it had to be created in opposition to Vienna, -could be maintained only together with Berlin. Nor was it -difficult to create in him the desire to link the fate of Romania -with the future of the National Socialist German Reich in -<span class='pageno' title='55' id='Page_55'></span> -good time. By bringing continuing influence to bear, the office -succeeded in inducing Octavian Goga as well as Professor -Cuza to amalgamate the parties under their leadership on an -anti-Semitic basis. Thus they could carry on with united -strength the struggle for Romania’s renascence internally and -her Anschluss with Germany externally. Through the office’s -initiative both parties, which had heretofore been known by -distinct names, were merged as the National Christian Party, -under Goga’s leadership and with Cuza as Honorary President.”</p> - -</div> - -<p class='pindent'>Rosenberg’s man, Goga, was supported by two splinter parties, -which had not joined the anti-Semitic trend, and Rosenberg states: -“Through intermediaries, the office maintained constant contact -with both tendencies.”</p> - -<p class='pindent'>Goga, the man supported by Rosenberg, was appointed Prime -Minister by the King in December 1937. The pernicious influence of -Rosenberg’s ideology had achieved a major triumph, for he states:</p> - -<div class='blockquote'> - -<p class='noindent'>“Thus a second government on racial and anti-Semitic -foundations had appeared in Europe, in a country in which -such an event had been considered completely impossible.”</p> - -</div> - -<p class='pindent'>I will not deal at any length with the details of the political turmoil -that plagued Romania during the ensuing period.</p> - -<p class='pindent'>THE PRESIDENT: Mr. Brudno, I think the Tribunal are satisfied -that Rosenberg—I mean satisfied, subject to what Rosenberg himself -or his counsel may say—that Rosenberg tried to spread his ideology -abroad, and we don’t require any further detailed proof of that, and -we are also satisfied that we have heard enough of the activities of -the APA.</p> - -<p class='pindent'>MR. BRUDNO: Certainly, Your Honor. We feel that if the Tribunal -is satisfied, we can pass on.</p> - -<p class='pindent'>THE PRESIDENT: Subject, as I said, to anything that Rosenberg -may prove.</p> - -<p class='pindent'>MR. BRUDNO: Surely. I would merely like to conclude with the -statement that the activities of the APA were, as indicated in this -Document 007-PS, primarily responsible for Romania’s joining the -Axis. It was a vital link in Germany’s chain of military strategy.</p> - -<p class='pindent'>I would further like to call to Your Honor’s attention the evidence -which has already been submitted on the activities of the APA in -Norway, activities which led to the treason of Quisling and Hagelin, -for which they have been condemned.</p> - -<p class='pindent'>I come now to the final phase of the case against the Defendant -Rosenberg. We have seen how he aided the Nazi rise to power and -directed the psychological preparation of the German people for -waging of aggressive war. I will now offer proof of his responsibility -for the planning and execution of War Crimes and Crimes against -<span class='pageno' title='56' id='Page_56'></span> -Humanity committed in the vast areas of the occupied East, which -he administered for over 3 years. These areas included the Baltic -States, White Ruthenia, the Ukraine, and the eastern portion of -Poland.</p> - -<p class='pindent'>I will not endeavor here to chronicle again the tale of mass -murder, spoliation, and brutality. We feel that that has already -been sufficiently evidenced, and further evidence on this point will -be presented by the Prosecution for the U.S.S.R. and for the Republic -of France.</p> - -<p class='pindent'>We anticipate, however, that Rosenberg will contend that some -of these crimes were committed against his wishes, and, indeed, -there is some evidence that he protested on occasion—not out of -humanitarian reasons but on grounds of political expediency.</p> - -<p class='pindent'>We also anticipate that Rosenberg will attempt to place the blame -for these crimes on other agencies and on other defendants. The -evidence will prove, however, that he himself formulated the harsh -policies, in the execution of which the crimes were committed; that -the crimes were committed for the most part by persons and -agencies within his jurisdiction and control; that any other agencies -which participated in the commission of these crimes were invited -by Rosenberg to co-operate in the administration of the East, -although the brutal methods customarily employed by them were -common knowledge; and, finally, his Ministry lent full co-operation -to their activities, despite the criminal methods that were employed.</p> - -<p class='pindent'>Rosenberg was actively participating in the affairs of the East as -early as 20 April 1941, 2 months prior to the German attack upon -the Soviet Union. On that date he was designated by Hitler as -commissioner for the central control of questions connected with the -East European region.</p> - -<p class='pindent'>The Hitler order by virtue of which he received this appointment -has been read into the record in its entirety as Exhibit Number -USA-143, our Document Number 865-PS.</p> - -<p class='pindent'>The initial preparations undertaken by Rosenberg for fulfillment -of his task indicated the extent to which he co-operated in promoting -the military plans for aggression. They also show that he understood -his task at the inception as requiring the assistance of a multitude -of Reich agencies and that he invited their co-operation.</p> - -<p class='pindent'>Shortly after his appointment by Hitler, Rosenberg conducted a -series of conferences with representatives of various Reich agencies, -conferences which are summarized in Document 1039-PS, previously -offered as Exhibit Number USA-146. This document indicated the -co-operation of the following agencies. It indicated that the co-operation -of these agencies was both contemplated and solicited by -Rosenberg. The agencies are as follows: OKW, OKH, OKM, Ministry -of Economics, Commissioner for the Four Year Plan, the Ministry of -<span class='pageno' title='57' id='Page_57'></span> -the Interior, Reich Youth Leadership, the German Labor Front, -Ministry of Labor, the SS, the SA, and several others.</p> - -<p class='pindent'>These arrangements, it should be noted, were made by Rosenberg -in his capacity as commissioner on Eastern questions, before the -attack on the Soviet Union, before he was appointed as Reich Minister -for the occupied East, in fact, before there was any occupied East -for Germany to administer.</p> - -<p class='pindent'>I would like to refer briefly to some of Rosenberg’s basic attitudes -regarding his new task and the directives which he knew he -would be expected to follow.</p> - -<p class='pindent'>Your Honor will recall that on 29 April 1941, in Document -1024-PS, previously introduced as Exhibit Number USA-278, Rosenberg -stated that:</p> - -<div class='blockquote'> - -<p class='noindent'>“A general treatment is required for the Jewish problem for -which a temporary solution will have to be determined (forced -labor for the Jews, creation of ghettos, <span class='it'>et cetera</span>).”</p> - -</div> - -<p class='pindent'>On May 8, 1941 he prepared instructions for all Reich commissioners -in the Occupied Eastern Territories. These instructions -are found in Document 1030-PS, previously introduced as Exhibit -Number USA-144. The last paragraph, which has not been called -to Your Honors’ attention, reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“From the point of view of cultural policy, the German Reich -is in a position to promote and direct national culture and -science in many fields. It will be necessary that in some -territories an uprooting and resettlement of various racial -stocks will have to be effected.”</p> - -</div> - -<p class='pindent'>In Document 1029-PS, which has been introduced as Exhibit -Number USA-145, Rosenberg directs that the Ostland be transformed -into a part of the Greater German Reich by germanizing racially -possible elements, colonizing Germanic races, and banishing undesirable -elements.</p> - -<p class='pindent'>In a speech which Rosenberg made on 20 June 1941, Your Honors -will recall, he stated the job of feeding Germans was the top of -Germany’s claim on the East; that there was no obligation to feed -the Russian peoples; that this was a harsh necessity bare of any -feelings; that a very extensive evacuation will be necessary; and -that the future will hold many hard years in store for the Russians. -This speech, Your Honors, is in the record as Document 1058-PS, -Exhibit Number USA-147.</p> - -<p class='pindent'>On July 4, 1941, still prior to Rosenberg’s appointment as Reich -Minister for the occupied East, a representative of Rosenberg’s office -attended a conference on the subject of utilization of labor, and -especially of the labor of Soviet prisoners of war. Document 1199-PS -is a memorandum of this conference, and I offer it into evidence as -<span class='pageno' title='58' id='Page_58'></span> -Exhibit Number USA-604. It states that the participants were, -among others, representatives of the Commissioner for the Four -Year Plan, of the Reich Labor Ministry, of the Reich Food Ministry, -and of the Rosenberg office. The first sentence states, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“After an introduction by Lieutenant Colonel Dr. Krull, -Lieutenant Colonel Breyer of the PW Department explained -that actually there was a prohibition in effect by the Führer -against bringing Russian PW’s into the Reich for employment, -but that one might count on this prohibition being relaxed a -little.”</p> - -</div> - -<p class='pindent'>The last paragraph records that, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The chairman summarized the results of the discussion as -indicating that all the bureaus concerned unqualifiedly advocated -and supported the demand for utilization of PW’s -because of manpower needs in the Reich.”</p> - -</div> - -<p class='pindent'>On 16 July 1941, the day before Rosenberg’s appointment as -Minister of the occupied East, he attended a conference at the -Führer’s headquarters, the minutes of which have been introduced -as Document L-221, Exhibit Number USA-317. At that time Hitler -stated, “The Crimea has to be evacuated by all foreigners and to be -settled by Germans alone.”</p> - -<p class='pindent'>He further stated that Germany’s objectives in the East were -three-fold: first, to dominate it; second, to administer it; third, to -exploit it.</p> - -<p class='pindent'>Thus, the character of the administration which was contemplated -for the occupied East was well established before Rosenberg -took office as Minister. He knew of these plans and was in accord -with them. Persecution of the Jews, forced labor of prisoners of -war, Germanization and exploitation, were all basic points of policy -which Rosenberg knew of at the time he assumed office.</p> - -<p class='pindent'>On July 17, 1941, Rosenberg was appointed Reich Minister for -the Occupied Eastern Territories. The decree by which he was -appointed is in evidence as Document 1997-PS, Exhibit Number -USA-319.</p> - -<p class='pindent'>I would like now to examine the organizational structure and -the chain of responsibility which existed within the Ministry for the -occupied East.</p> - -<p class='pindent'>The organizational structure of the East was such as we will -show that Rosenberg was not merely a straw man. He was the -supreme authority with full control.</p> - -<p class='pindent'>Document 1056-PS is a mimeographed treatise entitled, “The -Organization of the Administration of the Occupied Eastern Territories.” -It is undated and unsigned, but we can obtain further -information regarding it by reference to EC-347, which is Göring’s -Green Folder, already in evidence as Exhibit Number USA-320. -<span class='pageno' title='59' id='Page_59'></span></p> - -<p class='pindent'>It is noted that Part II, Subsection A, of Document EC-347 is -entitled, and I quote: “Excerpts from the Directives of the Reich -Minister for the Occupied Eastern Territories and for the Civil -Administration,” and then in parenthesis, “Brown Folder, Part I, -Pages 25 to 30.”</p> - -<p class='pindent'>The two paragraphs which follow are identical to two paragraphs -found at the top of Page 9 of the translation of Document 1056-PS. -Thus Document 1056-PS is identified as being a mimeograph of Part I -of the Brown Folder which was mentioned in the Green Folder, and -was issued by the Reich Minister for the Occupied Eastern Territories.</p> - -<p class='pindent'>I now offer Document 1056-PS as Exhibit Number USA-605. I -offer this document for the purpose of proving, from the directives -issued by the Rosenberg Ministry itself, the extent of Rosenberg’s -authority; that he was the supreme civilian authority in the Eastern -territories. The document will show that there was a continuous -chain of command from Rosenberg down to the regional administrative -officials, a chain of command which extended even to the -local prison warden.</p> - -<p class='pindent'>The document also will show the relationship which existed -between the Rosenberg Ministry and other German agencies, a -relationship which varied from full control by Rosenberg to full -co-operation with them, made mandatory by his directives and -by Hitler’s orders.</p> - -<p class='pindent'>Finally, the document will show that the various subdivisions -of the Ministry were required to submit periodic reports of the -situation within their jurisdiction, so that the numerous reports of -unspeakable brutality which Rosenberg received, and which are -already in the record, were submitted to him pursuant to his orders.</p> - -<p class='pindent'>The first paragraph of this significant document states as -follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The newly occupied Eastern territories are subordinated to -the Reich Minister for the Occupied Eastern Territories. By -direction of the Führer he establishes a civil administration -there, upon withdrawal of the military administration. He -heads and supervises the entire administration of this area -and represents the sovereignty of the Reich in the Occupied -Eastern Territories.”</p> - -</div> - -<p class='pindent'>At the top of Page 2 of the translation is stated, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“To the Reich Ministry is assigned a deputy of the Reich -Leader SS and Chief of the German Police in the Reich -Ministry of the Interior.”</p> - -</div> - -<p class='pindent'>Roman numeral III on Page 2 of the translation defines the -responsibility of the Reich commissioners as, and I quote: -<span class='pageno' title='60' id='Page_60'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“In the Reich commissariats, Reich commissioners are responsible -for the entire civil administration under the supreme -authority of the Reich Ministry for the Occupied Eastern -Territories. According to the instructions of the Reich -Minister for the Occupied Eastern Territories, the Reich -Commissioner, as a functionary of the Reich, heads and -supervises, within his precincts, the entire civil administration. -Within the scope of these instructions he acts on his -own responsibility.”</p> - -</div> - -<p class='pindent'>And then the chain of command is outlined: Subordinate -offices, general commissariats, main commissariats, district commissariats, -<span class='it'>et cetera</span>.</p> - -<p class='pindent'>In the second last paragraph on Page 3 of the translation it is -stated again:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Higher SS and Police Leader is directly subordinated -to the Reich Commissioner. However, the Chief of Staff has -the general right to secure information from him also. . . .</p> -<hr class='tbk150'/> -<p class='noindent'>“Great stress is to be placed on close co-operation between -him, the Chief of Staff, and the other main department heads -of the office of the Reich Commissioner, particularly with the -one for policies.”</p> - -</div> - -<p class='pindent'>To digress from this document a moment, I ask that the Court -take judicial notice of the decree signed by Rosenberg, dated -July 17, 1941, and found in the <span class='it'>Verordnungsblatt</span> of the Reich -Minister for the occupied East, 1942, Number 2, Pages 7 and 8.</p> - -<p class='pindent'>This decree provides for the creation of summary courts for -decisions on crimes committed by non-Germans in the East. The -courts are to be presided over by a police officer or an SS leader, -who have authority to order the death sentence or confiscation -of property, and those decisions are not subject to appeal. The -general commissar is given the right to reject a decision. Thus, -the determination of the SS, of these summary courts, is made -subordinate to the authority of a representative of the Rosenberg -Ministry.</p> - -<p class='pindent'>At Page 4 of the translation of Document 1056-PS, the position -of the Commissioner General is defined. It is stated here that: -“The Commissioner General forms the administrative office of -intermediate appeal.”</p> - -<p class='pindent'>Three paragraphs down it is stated, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The SS and Police Leader assigned to the Commissioner -General is directly subordinated to him. However, the Chief -of Staff has the general right of requiring information from -him.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='61' id='Page_61'></span></p> - -<p class='pindent'>The document goes on to describe the function of the various -subdivisions of the Ministry, concluding with regional commissioners -who preside over the local administrative districts. They, too, have -police units assigned to them and directly subordinated to them.</p> - -<p class='pindent'>THE PRESIDENT: Well, Mr. Brudno, surely that could have -been stated in a sentence without referring us to all these passages -in this document. I mean, Rosenberg was the Minister for the -Eastern Territories. He had under him Reich commissioners and -SS units, who had the full administration—civil administration—of -the Eastern Territories. If you had stated that, surely that -would have been sufficient.</p> - -<p class='pindent'>MR. BRUDNO: Very well, Your Honor.</p> - -<p class='pindent'>I will proceed from that point, then, merely to point out that -the economic exploitation of the territory was undertaken in the -fullest co-operation with the Commissioner of the Four Year Plan, -as shown by Paragraph 2 of Page 7 of the translation. It is stated -there that the economic inspectorates of the Commissioner of the -Four Year Plan will be substantially absorbed in the agencies of -the civil administration after the establishment of the civil administration.</p> - -<p class='pindent'>I also wish to call Your Honors’ attention to the first paragraph -on Page 6, which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>The various commissioners, it says, “are, aside from the -military agencies, the only Reich authorities in the Occupied -Eastern Territories. Other Reich authorities may not be -established alongside them. They handle all questions of -administration of the area which is subordinate to their -sovereignty and all affairs which concern the organization -and activity of the administration, including those of the -police, in the supervision of the autonomous agencies and -organizations and of the population.”</p> - -</div> - -<p class='pindent'>I now turn briefly to the second section of the document which -is entitled, “Working Directives for the Civil Administration.” -The first two paragraphs on Page 9 have been read into the record -as part of Document EC-347, Exhibit Number USA-320. I call -particular attention to the statement that the “Hague Rules of -Land Warfare, which deal with the administration of a country -occupied by a foreign armed power, are not valid.”</p> - -<p class='pindent'>I continue quoting at the last paragraph on Page 9:</p> - -<div class='blockquote'> - -<p class='noindent'>“The handling of cases of sabotage is a concern of the Higher -SS and Police Leader, of the SS and Police Leader, or of the -Police leaders of the lower echelon. Insofar as collective -measures against the population appear appropriate, the -decision about them rests with the competent commissar. -<span class='pageno' title='62' id='Page_62'></span></p> -<hr class='tbk151'/> -<p class='noindent'>“To inflict penalties in cash or kind, as well as to order the -seizure of hostages and the shooting of inhabitants of the -territory in which the acts of sabotage have taken place, -rests only with the Commissioner General, unless the Reich -Commissioner himself intervenes.”</p> - -</div> - -<p class='pindent'>I conclude with this document by quoting the first sentence -at the top of Page 13:</p> - -<div class='blockquote'> - -<p class='noindent'>“The district commissioners are responsible for the supervision -of all prisons, unless the Reich commissioners intervene.”</p> - -</div> - -<p class='pindent'>I will not take the time of the Tribunal, nor burden the Record, -with a detailed account of the manner in which Rosenberg’s plenary -authority and power were wielded. There is evidence in the Record, -and there will be additional evidence presented by the Soviet -prosecutor, as to the magnitude of the War Crimes and the Crimes -against Humanity perpetrated against the peoples of the occupied -East.</p> - -<p class='pindent'>However, merely to illustrate the manner in which Rosenberg -participated in the criminal activities conducted within his jurisdiction, -I would like to refer briefly to a few examples.</p> - -<p class='pindent'>I call your attention to the document numbered R-135, which -was previously introduced as Exhibit Number USA-289. In this -document the prison warden of Minsk reports that 516 German -and Russian Jews had been killed, and called attention to the fact -that valuable gold had been lost due to the failure to knock out -the fillings of the victims’ teeth before they were done away with.</p> - -<p class='pindent'>These activities took place in the prison at Minsk, a prison -which, Your Honors will recall from Document 1056-PS, was -directly under the supervision of the Ministry for the occupied East.</p> - -<p class='pindent'>For my next illustration I wish to offer Document 018-PS. This -document has already been introduced as Exhibit Number USA-186. -I would like to read to the Tribunal the first paragraph of Document -018-PS, which has not yet been read into the Record. The -document reveals that Rosenberg wrote Sauckel on 21 November -1942, in the following terms:</p> - -<div class='blockquote'> - -<p class='noindent'>“I thank you very much for your report on the execution of -the great task given to you; and I am glad to hear that in -carrying out your mission you have always found the -necessary support, even on the part of the civilian authorities -in the Occupied Eastern Territories. For myself and the -officials under my command, this collaboration was and is -self-evident, especially since both you and I have, with regard -<span class='pageno' title='63' id='Page_63'></span> -to the solution of the labor problem in the East, represented -the same points of view from the beginning.”</p> - -</div> - -<p class='pindent'>As late as 11 July 1944 the Rosenberg Ministry was actively -concerned with the continuation of the forced labor program, in -spite of the retreat from the East.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): After making this generality, -Rosenberg goes on to object, at the last here, to the methods used. -You haven’t mentioned that.</p> - -<p class='pindent'>MR. BRUDNO: Quite right, Your Honor. Those objections are -already in the record, Sir, and I was merely referring to this -document to show that Rosenberg favored recruitment from the -East, that his civilian administrators co-operated with the recruitment -in spite of the methods used, the methods which were known -to Rosenberg as he reports in the letter himself.</p> - -<p class='pindent'>DR. ALFRED THOMA (Counsel for Defendant Rosenberg): -High Tribunal, in this connection I must protest that the Prosecutor -did not finish reading this Paragraph 1 he has just quoted. For -then comes the sentence in which he states that an agreement -existed between Sauckel and Rosenberg regarding. . .</p> - -<p class='pindent'>THE PRESIDENT: I don’t think you can have heard that the -United States Member of the Tribunal has just made this very -point, which you are now making to Counsel for the United States, -and has pointed out to him that he ought to have read there, or -drawn attention at any rate, to the other paragraphs in this -document which showed that Rosenberg was objecting to the -methods used.</p> - -<p class='pindent'>DR. THOMA: High Tribunal, I would like to point out that -the prosecutor quoted just the first two sentences of a specific -paragraph. The same paragraph ends, however, where it is stated -that “there was an agreement between Sauckel and me according -to which workers were to be treated well in Germany, and for this -purpose welfare organizations were to be created”. The presentation -of the prosecutor creates the impression that the Defendants -Sauckel and Rosenberg had agreed only on the use of forced labor -without restraint and on the deportation of the workers from -the East.</p> - -<p class='pindent'>THE PRESIDENT: As Counsel for the United States pointed -out, the other passages in the document have already been read. -And, naturally, the whole document will be treated as being in -evidence.</p> - -<p class='pindent'>The Tribunal fully realizes the point you are making, that it -is not fair to read one passage of a document when there are other -passages in the document which show that the passage read is -not a full or proper statement of the document. -<span class='pageno' title='64' id='Page_64'></span></p> - -<p class='pindent'>MR. BRUDNO: If Your Honor pleases, I was not attempting to -delude the Tribunal; it was merely in the interest of time that I -did not read the balance. The rest is in the Record.</p> - -<p class='pindent'>THE PRESIDENT: I realize that.</p> - -<p class='pindent'>We will adjourn now.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 10 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='65' id='Page_65'></span><h1>THIRTY-FIRST DAY<br/> <span style='font-size:smaller'>Thursday, 10 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>MR. BRUDNO: May it please the Tribunal, when the Tribunal -rose yesterday I had finished the submission of proof as to Rosenberg’s -responsibility and authority in the Occupied Eastern Territories -and was about to conclude my presentation with four brief -examples as to the manner in which his authority was exercised. -I was in the middle of the third example, which, Your Honors will -recall, dealt with Rosenberg’s participation in the forced labor -program. I wish to conclude that illustration with reference to -Document 199-PS, which we offer as Exhibit Number USA-606. -This document is a letter from Alfred Meyer, Rosenberg’s deputy, -and is addressed to Sauckel, dated July 11, 1944. This time, Your -Honors will note, it is Rosenberg’s Ministry that is urging action. -I wish to quote Item Number 1 of this letter, which reads as -follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The War Effort Task Force Command formerly stationed -in Minsk must continue, under all circumstances, the calling -up of young White Ruthenian and Russian men for military -employment in the Reich. In addition the Command has the -mission of bringing young boys of 10-14 years of age into the -Reich.”</p> - -</div> - -<p class='pindent'>My third illustration deals with Rosenberg’s exercise of his -legislative powers, and I ask the Court to take judicial notice of -the decree signed by Lohse, who was Reich Commissar for Ostland. -This decree is published in the <span class='it'>Verordnungsblatt</span> of the Reich Commissar -for Ostland, 1942, Number 38, Pages 158 and 159. It provides -for the seizure of the entire property of the Jewish population in -the Ostland, including the claims of Jews against third parties. -The seizure is made retroactive to the day of occupation of the -territory by German troops. This sweeping decree was issued and -published by Rosenberg’s immediate subordinate, and it must be -assumed that Rosenberg knew of it and acquiesced in it.</p> - -<p class='pindent'>I now come to my final illustration. This illustration is derived -from Document 327-PS, which is already in evidence as Exhibit -Number USA-338.</p> - -<p class='pindent'>It is a copy of a secret letter from Rosenberg to Bormann dated -17 October 1944. It furnishes a graphic account of Rosenberg’s -<span class='pageno' title='66' id='Page_66'></span> -activities in the economic exploitation of the occupied East. I wish -to quote from the first paragraph on Page 1, which has not been -read into the Record. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“In order not to delay the liquidation of companies under my -supervision, I beg to point out that the companies concerned -are not private firms but business enterprises of the Reich, -so that directives with regard to them, just as with regard -to Government offices, are reserved to the highest authorities -of the Reich. I supervise the following companies. . . .”</p> - -</div> - -<p class='pindent'>There follows a list of nine companies: A trading company, an -agricultural development company, a supply company, a pharmaceutical -company, and five banking concerns. On Page 3 of the -translation at Item 1 (a) the mission of the trading company is -stated to be, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Seizure of all agricultural products as well as commercial -marketing and transportation thereof. (Delivery to Armed -Forces and the Reich).”</p> - -</div> - -<p class='pindent'>I now call your attention to Item 5 of the same page. It describes -the activities of the companies as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“During this period, the Z.O.”—that is, the Central Trading -Corporation East—“together with its subsidiaries has seized:</p> -<hr class='tbk152'/> -<p class='noindent'>“Grain 9,200,000 tons, meat and meat products 622,000 tons, -linseed 950,000 tons, butter 208,000 tons, sugar 400,000 tons, -fodder 2,500,000 tons, potatoes 3,200,000 tons, seeds 141,000 -tons, other agricultural products 1,200,000 tons, and -1,075,000,000 eggs.</p> -<hr class='tbk153'/> -<p class='noindent'>“The following was required for transportation: 1,418,000 -freight cars and 472,000 tons shipping space.”</p> - -</div> - -<p class='pindent'>In conclusion we submit that the evidence has shown that the -Defendant Rosenberg played a leading role in the Nazi Party’s -rise to power by moulding German thought so as to promote the -conspirators’ ambitions; that he played a leading role in spreading -propaganda and intrigue, and in instigating treason in foreign -countries, so as to pave the way for the waging of wars of aggression; -and that he bears full responsibility for the War Crimes and -Crimes against Humanity which were perpetrated in the Occupied -Eastern Territories and which will be further developed by the -prosecutor for the U.S.S.R.</p> - -<p class='pindent'>This completes the presentation of the case against the Defendant -Rosenberg. The next presentation will be that of the case -against the Defendant Frank, which will be presented by Lieutenant -Colonel Baldwin.</p> - -<p class='pindent'>LIEUTENANT COLONEL WILLIAM H. BALDWIN (Assistant -Trial Counsel for the United States): May it please the Tribunal, -<span class='pageno' title='67' id='Page_67'></span> -we wish now to deal with the individual responsibility of the -Defendant Frank. In accordance with the expressed desire of the -Tribunal, this presentation has been strictly limited; and, of -course, I should welcome any direction from the Tribunal as to -length or method as I proceed.</p> - -<p class='pindent'>First, I must acknowledge my indebtedness to Miss Harriet -Zetterberg, of our legal staff, and to Dr. Pietrowski, of the Polish -Delegation, for their invaluable work—Dr. Pietrowski and the -Polish Delegation, naturally, having a special interest in the Defendant -Frank.</p> - -<p class='pindent'>Aspects of the criminal complicity of the Defendant Hans Frank -under Count One of the Indictment have been placed before this -Tribunal on several occasions. There remain, however, certain -matters for discussion—either novel in presentation or in development—concerning -this defendant as an individual, before the -United States’ portion of the Prosecution’s case against him is -completed. Our Soviet colleagues will carry further the heavy -complaint against the Defendant Frank in their treatment of War -Crimes and Crimes against Humanity in the East. We wish here -merely to touch upon that evidence which, we believe, irrefutably -discloses Frank to have been a tremendously important cog in the -machine which conceived, promoted, and executed the Nazi Common -Plan or Conspiracy. Documents relating to this point have -been assembled in a document book bearing the letters “FF.” -I am informed that these books, as well as explanatory briefs, -have been distributed for the use of the members of the Tribunal.</p> - -<p class='pindent'>Reference will be made in the course of this argument to the -so-called Frank diary, portions of which have already been brought -to the attention of the Tribunal. It seems appropriate that brief -mention should here be made of the content and source of this -diary. It is a set of some 38 volumes, most of which are on the -table at the front of the courtroom, detailing the activities of the -Defendant Frank from 1939 to the end of the war in his capacity -as Governor General of Occupied Poland. It is a record, in short, -of each day’s business, hour by hour, appointment by appointment, -conference by conference, speech by speech, and—in truth we -believe—crime by crime. Each volume, excepting the last few, is -now handsomely bound; and in those volumes, which deal with the -conferences of Frank and his underlings in the Government General, -the name of each person attending the meeting is inscribed in his -own handwriting on a page preceding the minutes of the -conference itself. It is incredibly shocking to the normal conscience -that such a neat history of murder, starvation, and extermination -should have been maintained by the individual responsible for such -deeds, but by now the Tribunal is well aware that the Nazi leaders -<span class='pageno' title='68' id='Page_68'></span> -were sentimentally fond of elaborately documenting their exploits, -as witness the Rosenberg volumes displaying the looted art -treasures and the album reporting on the extermination of Jews -in the Warsaw ghetto. The complete set of the Frank diary was -found in Bavaria, at Neuhaus, near Schliersee, on 18 May 1945, by -the 7th American Army. It was taken to the 7th Army document -center at Heidelberg and on or about 20 September 1945 the -collection was sent to the Office of U.S. Chief of Counsel here at -Nuremberg. It is here in court in its entirety; and now its tones, -we submit, are those of accusation rather than boastful narration.</p> - -<p class='pindent'>That the Defendant Frank held a position of leadership in the -Nazi Party and in the German Government is undeniable. Even, -presumably, it would be unfair to the Defendant Frank to underestimate -his importance in the Nazi hierarchy and the Third Reich. -Like the other defendants in this case, he was a man of far-reaching -influence and position; and his office-holding record is -already before this Court. It is an affidavit signed by the Defendant -Frank and identified as Exhibit Number USA-7. This document -contains a listing of 11 important positions held by Frank in the -Party and in the Government and supports the assertion of -influence and position which I have just made, especially since this -Tribunal has been fully apprised of the criminal activities of the -Nazi organizations and formations.</p> - -<p class='pindent'>The machinations of Frank divide themselves logically into -two periods. In the one, from 1920 to 1939, he was by his own -admission the leading Nazi jurist, although parenthetically the -word “jurist” loses its reputable content when modified by the -word “Nazi”. In the other period, extending from 10 October 1939 -until the end of the war, he was Governor General of occupied -Poland. While he is most notorious for his persecutions and carrying -out of the conspiracy in the latter capacity, it is the opinion -of the United States Prosecution that the Defendant Frank’s contributions -to the Nazi rise to power as the leading Nazi jurist -should not pass without mention. It is with this aspect that I shall -first deal—the Defendant Frank’s furtherance of the realization of -the conspirators’ program in the field of law, his knowledge of the -criminal purpose of the program, and his active participation -therein.</p> - -<p class='pindent'>The Defendant Frank, himself, described his role in the Nazi -struggle for power in the following words, which were remarks -he ordered his secretary to place in the Frank diary on 28 August -1942. The remarks appear in the diary and are translated in our -Document 2233(x)-PS, which, if the Court please, is at Page 54 -in the document book before it.</p> - -<p class='pindent'>The numbers of the pages of the document book will be found -in the upper right-hand corner in colored pencil, either red or -<span class='pageno' title='69' id='Page_69'></span> -blue. The original of this document I now offer in evidence as -Exhibit Number USA-607. In the German text these extracts -appear in Part 3 of the 1942 diary volume on Pages 968, 969, and -983. Frank says:</p> - -<div class='blockquote'> - -<p class='noindent'>“I have since 1920 continually dedicated my work to the -NSDAP. As a National Socialist I was a participant in the -events of November 1923, for which I received the Order of -the Blood. After the resurrection of the movement in the -year 1925, my really greater activity in the movement began, -which made me, first gradually, later almost exclusively, the -legal adviser of the Führer and of the Reich Party Directorate -of the NSDAP. I was thus the representative of the -legal interests of the growing Third Reich in a legal-ideological -as well as in a practical way.”</p> - -</div> - -<p class='noindent'>He goes on to say:</p> - -<div class='blockquote'> - -<p class='noindent'>“The culmination of this work I see in the Leipzig army -trial, in which I succeeded in having the Führer admitted -to the famous oath of legality, a circumstance which gave -the Movement legal grounds to expand on a large scale. -The Führer, indeed, recognized this achievement and in 1926 -made me leader of the National Socialist Lawyers’ League; -in 1929, Reichsleiter of the Reich Legal Office of the NSDAP; -in March 1933, Bavarian Minister of Justice; in the same -year, Reich Commissioner for Justice; in 1934, President of -the Academy of German Law, founded by me; and in -December 1934, Reich Minister without Portfolio. And in -1939, I was finally appointed Governor General for the -occupied Polish territories.</p> -<hr class='tbk154'/> -<p class='noindent'>“So I was, am, and will remain the representative jurist -of the struggle period of National Socialism. . . .</p> -<hr class='tbk155'/> -<p class='noindent'>“I profess myself now and always, as a National Socialist -and a faithful follower of the Führer, Adolf Hitler, whom -I have now served since 1919. . . .”</p> - -</div> - -<p class='pindent'>It is indeed significant and worth mentioning to the Court. . .</p> - -<p class='pindent'>THE PRESIDENT: Is this an extract from his diary?</p> - -<p class='pindent'>LT. COL. BALDWIN: Yes, Sir; it is.</p> - -<p class='pindent'>THE PRESIDENT: And are the words “Present: Dr. Hans Frank -and others” written by him in his diary?</p> - -<p class='pindent'>LT. COL. BALDWIN: Yes, Sir; they are. Before each of these -excerpts, if Your Honor pleases, if it was in conference it was -indicated which members of the Government General were present -or who made the address.</p> - -<p class='pindent'>THE PRESIDENT: Yes. -<span class='pageno' title='70' id='Page_70'></span></p> - -<p class='pindent'>LT. COL. BALDWIN: It is indeed significant and worth mentioning -to the Court that the Defendant Frank assumes responsibility -for the so-called oath of legality at the Leipzig army trial. -At that trial, in 1930, three army officers were accused of—curiously -enough—conspiracy to high treason. The charge was that -the defendants in that trial, in their capacity as members of the -German Army, tried to form National Socialist cells in the German -Army and to influence the German Army to such an extent that, -in the case of a Putsch by the National Socialists, the army would -not fire at the National Socialists, but would stand at ease -instead. All three of the officers were found guilty and sentenced -to 18 months’ confinement. At that trial, however, Hitler was a -witness; and during the course of the trial, testified under oath that -the term “revolution,” used by him, meant only spiritual revolution -in Germany and that the expression “heads would roll in the sand” -meant only that they would do so as a result of legal procedure -through state tribunals, if the National Socialists came to power. -This, if the Court please, was the so-called oath of legality, the lie -that the Defendant Frank provided his Führer as a facade for the -conspiracy and which he, at least in 1942, considered the culmination -of his efforts.</p> - -<p class='pindent'>As the “representative jurist of the struggle period of National -Socialism” and in various juridical capacities listed in his affidavit -of positions held, Defendant Frank was, between 1933 and 1939, the -most prominent policy-maker in the field of German legal theory. -For example, Defendant Frank founded the Academy of German -Law in 1934 and he was president of this once potent body until -1942. The statute defining the functions of this Academy conferred -upon it wide power to initiate and co-ordinate juridical policies.</p> - -<p class='pindent'>This statute appears in the translation at Page 5 in the document -book as our Document 1391-PS and appears in the 1934 -<span class='it'>Reichsgesetzblatt</span> at Page 605. We ask the Court to take judicial -notice of it. I now quote briefly from the decree:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is the task of the Academy for German Law to -further the reorganization of legal procedure in Germany. -Closely connected with the agencies competent for legislation, -it shall further the realization of the National Socialist -program in the realm of the law. This task shall be carried -out by approved scientific methods.</p> -<hr class='tbk156'/> -<p class='noindent'>“The Academy’s task shall cover primarily:</p> -<hr class='tbk157'/> -<p class='noindent'>“1. The formulation, initiation, judging, and preparing of -drafts of law; 2. collaboration in rejuvenating and unifying -the training in jurisprudence and political science; 3. the -editing and supporting of scientific publications; 4. financial -<span class='pageno' title='71' id='Page_71'></span> -assistance for work and research in specific fields of law and -political economy.”</p> - -</div> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Do you have to read all this? We -will take judicial notice of it.</p> - -<p class='pindent'>LT. COL. BALDWIN: Among the early tasks which Defendant -Frank set for himself, as policy-maker in the field of law, were the -unification of the German State, the promotion of racial legislation, -and the elimination of political organizations other than the Nazi -Party. In a radio address given on 20 March 1934 he announced -success in these matters. Our partial English translation of this -speech appears as Document 2536-PS, at Page 64 in the document -book. The official text of this speech appears in <span class='it'>Dokumente der -Deutschen Politik</span>, Volume II (first edition), Pages 294-298. In the -German text the extracts which I shall quote appear at Pages 296 -and 298, and I will ask the Court to take judicial notice of these -passages:</p> - -<div class='blockquote'> - -<p class='noindent'>“The first task was that of uniting all Germans into one -State. It was an outstanding historical and legislative -accomplishment on the part of our Führer that by boldly -grasping historical development he eliminated the sovereignty -of the various German states. At last we have now, after -1,000 years, again a unified German State in every respect. It -is no longer possible for the world, based on the spirit of -resistance inherent in small states, which are set up on an -egoistical scale and solely with a view to their individual -interest, to make calculations to the detriment of the German -people. That is a thing of the past for all times to come.”</p> - -</div> - -<p class='pindent'>I pass on now to the second excerpt:</p> - -<div class='blockquote'> - -<p class='noindent'>“The second fundamental law of the Hitler Reich is racial -legislation. The National Socialists were the first in the -entire history of human law to elevate the concept of race to -the status of a legal term. The German Nation, unified -racially and nationally, will in the future be legally protected -against any further disintegration of the German race stock.”</p> - -</div> - -<p class='pindent'>I pass now to the mention of the sixth law:</p> - -<div class='blockquote'> - -<p class='noindent'>“The sixth fundamental law was the legal elimination of those -political organizations which within the State, during the -period of the regeneration of the people and the reconstruction -of the Reich, were once able to place their selfish aims -ahead of the common good of the nation. This elimination -has taken place entirely legally. It is not the coming to the -fore of despotic tendencies, but it was the necessary legal -consequence of a clear political result of the 14 years’ -struggle of the NSDAP. -<span class='pageno' title='72' id='Page_72'></span></p> -<hr class='tbk158'/> -<p class='noindent'>“In accordance with these unified legal aims”—Frank -continues—“in all spheres, particular efforts have for months -now been made regarding the work of the great reform of -the entire field of German law.</p> -<hr class='tbk159'/> -<p class='noindent'>“As the leader of the German jurists, I am convinced that, -together with all strata of the German people, we shall be -able to construct the legal state of Adolf Hitler in every -respect and to such an extent that no one in the world will -at any time be able to dare to attack this constitutional state -as regards its laws.”</p> - -</div> - -<p class='pindent'>In his speech on the occasion of the day of the Reich University -Professors of the National Socialist Lawyers’ League on 3 October -1936, the Defendant Frank explained to the gathering of professors -the elimination of Jews from the legal field, in accordance with the -Nazi plan. Our partial translation of this speech appears as -Document 2536-PS, at Page 62 of the document book. The official -text appears likewise in <span class='it'>Dokumente der Deutschen Politik</span>, in -Volume IV, Pages 225 to 230. I ask the Tribunal to take judicial -notice of this. It deals, to summarize. . .</p> - -<p class='pindent'>THE PRESIDENT: I do not think you need it because we have -already had documents of the same sort.</p> - -<p class='pindent'>LT. COL. BALDWIN: As the leading Nazi jurist, the Defendant -Frank accepted, condoned, and promoted the system of concentration -camps and of arrest without warrant. He apparently had no -hesitancy in subverting his professional ethics, if any he had, while -subverting the legal framework of the German State to Nazi ends. -He explains the outrageous departure from civilization that were -concentration camps in an article on “Legislation and Judiciary in -the Third Reich,” published in 1936 in the official journal of the -Academy of German Law, of which, of course, he was the editor. -The partial translation of this article appears as our Document -2533-PS, at Page 61 of the document book. The official German -text of the extract appears in <span class='it'>Zeitschrift der Akademie für Deutsches -Recht</span>, 1936, at Page 141, and I will ask the Tribunal to take -judicial notice of this. Since the extract is short, I will ask permission -to read it. Frank says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Before the world we are blamed again and again because of -the concentration camps. We are asked: Why do you arrest -without a warrant of arrest? I say: Put yourselves into the -position of our nation. Don’t forget that the very great and -still untouched world of Bolshevism cannot forget that here -on our German soil we have made final victory for them -impossible in Europe.”</p> - -</div> - -<p class='pindent'>It can be seen, therefore, that just as other defendants mobilized -the military, economic, and diplomatic resources for aggressive war, -<span class='pageno' title='73' id='Page_73'></span> -the Defendant Frank, in the field of legal policy, geared the German -juridical machine for a war of aggression, which war of aggression, -as he explained in 1942 to the NSDAP political leaders of Galicia -at a mass meeting in Lvov—and I now quote from the Frank diary, -our Document 2233(s)-PS, at Page 50 in the document book, the -original of which I offer in evidence as Exhibit Number USA-607—had -for its purpose, and I quote: “. . . to expand the living -space for our people in a natural manner.”</p> - -<p class='pindent'>The distortions and warpings of German law, which Defendant -Frank engineered for the Party, gave him, if not the world, vast -satisfaction. He reported this to the powerful Academy for German -Law in November 1939, 1 month after becoming Governor General -of occupied Poland. This speech is partially translated in our Document -3445-PS, at Page 73 in the document book. The official text -of the speech appears in <span class='it'>Deutsches Recht</span>, 1939, Volume 2, the week -of 23-30 December 1939, beginning at Page 2121; and we ask the -Court to take judicial notice of this, but would ask permission to -read the excerpt, as it is very short. Frank stated:</p> - -<div class='blockquote'> - -<p class='noindent'>“Today we are proud of having formulated our legal principles -from the very beginning in such a way that they need -not be changed in the case of war. For the maxim—that -which serves the Nation is right, and that which harms it is -wrong, which stood at the beginning of our legal work and -which established this idea of the community of the people -as the only standard of the law—this maxim shines out also -in the social order of these times.”</p> - -</div> - -<p class='pindent'>If this sentiment has a familiar ring to it, it is because it is a -restatement of a Party commandment tailored and furnished by the -Party lawyer to fit the Party’s concept of law. I allude, of course, -to the Party commandment, commented upon at Page 1608 -(Volume IV, Page 38) of the official English transcript of these -proceedings in the treatment of the Leadership Corps, which -commandment stated and I quote, “Right is that which serves the -Movement and thus Germany.”</p> - -<p class='pindent'>It follows, I think, that the Prosecution conceives the Defendant -Frank to be jointly responsible for all those cruel and discriminatory -enabling acts and decrees through which the Nazis crushed -minorities in Germany and consolidated their control over the -German State and prepared it for its early entry upon aggression. -It matters not, in our view, that the signature of this lawyer does -not appear at the foot of every decree. Enough has been shown, -in our submission, to indicate culpability in this regard. There is -sufficient, we believe, now in this Record—and I refer to decrees cited -by Major Walsh in his treatment of the persecution of the Jews and -by Colonel Storey in his treatment of the Reich Cabinet—to -<span class='pageno' title='74' id='Page_74'></span> -demonstrate that type of enactment and the consequences thereof, -for which we hold the Defendant Frank liable. In following this -theory, may it please the Tribunal, we are only arriving at conclusions -already arrived at for us by the Defendant Frank himself.</p> - -<p class='pindent'>I now pass to that second and well-known phase of the Defendant -Frank’s official life, wherein he for 5 years, as chief Party -and Government agent, was bent upon the elimination of a whole -people. He was appointed Governor General of the occupied Polish -territory by a decree signed by his then Führer on 12 October 1939. -The decree defined the scope of Frank’s executive power and is -contained in our Document 2537-PS, at Page 66 in the document -book. I shall ask the Tribunal to take judicial notice of this, since -it appears in <span class='it'>Reichsgesetzblatt</span>, 1939, Part I, Page 2077.</p> - -<p class='pindent'>It merely states that Dr. Frank is appointed as Governor General -of the occupied Polish territory; that Dr. Seyss-Inquart is appointed -as Deputy Governor General, and that “the Governor General shall -be directly responsible to me”—meaning Hitler, he having signed -the decree.</p> - -<p class='pindent'>While some of the outside world was prone in earlier days to -wonder at the apparent efficiency of Nazi administration, we now -know that it was often riddled with the petty jealousies of small men -in positions of some authority and with jurisdictional fractiousness. -No such difficulty existed with the Defendant Frank, however, for -though he was not without the threat of divided authority, he insisted -upon, and was granted, the favor of supreme command within -the territorial confines of the Government General. Only two references -from his diary, one in 1940 and one in 1942, are necessary to -show the all-inclusiveness of his direction and authority.</p> - -<p class='pindent'>At a meeting of department heads of the Government General -on 8 March 1940 in the Bergakademie, the Defendant Frank clarified -his status as Governor General; and these remarks appear in the -diary and in our Document 2233(m)-PS, at Page 42 in the document -book, the original of which I offer into evidence as Exhibit Number -USA-173.</p> - -<p class='pindent'>In the German text, the extracts appear in the meetings of -department heads, Volume 2 for 1939-1940, at Pages 5, 6, 7, and -8. Frank says:</p> - -<div class='blockquote'> - -<p class='noindent'>“One thing is certain. The authority of the Governor General -as the representative of the will of the Führer and the will -of the Reich in this territory is certainly strong, and I have -always emphasized that I would not tolerate misuse of this -authority. I have made this known anew at every office in -Berlin, especially after Herr Field Marshal Göring on 12. 2. -1940, from Karin Hall, had forbidden all administrative offices -of the Reich, including the Police and even the Wehrmacht, to -<span class='pageno' title='75' id='Page_75'></span> -interfere in administrative matters of the Government -General. . . .”</p> - -</div> - -<p class='noindent'>He goes on to say:</p> - -<div class='blockquote'> - -<p class='noindent'>“There is no authority here in the Government General which -is higher as to rank, stronger in influence, and of greater -authority than that of the Governor General. Even the Wehrmacht -has no governmental or official functions here of any -kind; it has only security functions and general military -duties—it has no political power whatsoever. The same applies -to the Police and the SS. There is here no state within -a state, but we are representatives of the Führer and of the -Reich.”</p> - -</div> - -<p class='pindent'>Later, in 1942, at a conference of the district political leaders of -the NSDAP in Kraków on 18 March, Defendant Frank further explained -the relationship between the administration and the Reichsführer -SS Himmler. These remarks appear in the diary and in our -Document 2233(r)-PS and at Page 48 of the document book, the -original of which I offer into evidence as Exhibit Number USA-608. -In the German text, the extract to be quoted appears at Pages 185 -and 186 of diary Volume 18, 1942, Part I. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“As you know”—says Frank—“I am a fanatic as to unity in -administration. . . . It is therefore clear that the Higher SS -and Police Leader is subordinated to me, that the Police is -a component of the Government, that the SS and Police -Leader in the district is subordinated to the Governor, and -that the district chief has the authority of command over the -gendarmerie in his district. This the Reichsführer SS has -recognized; in the written agreement all these points are -mentioned word for word and signed. It is also self-evident -that we cannot establish a closed shop here which can be -treated in the traditional manner of small states.”</p> - -</div> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Do you think all this has to -be read?</p> - -<p class='pindent'>LT. COL. BALDWIN: It is considered important, Sir, by the -United States Prosecution, in view of the fact that this is the later -extract from the diary and indicates that 2 years later even Frank -considered himself to be the supreme authority in the Government -General. This is a point which we conceive to be of importance, -Sir. May I proceed?</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. COL. BALDWIN: “It would, for instance, be ridiculous if -we would build up here a security policy of our own against -our Poles in the country, while knowing that the Poles in -<span class='pageno' title='76' id='Page_76'></span> -West Prussia, in Posen, in Warthegau, and in Silesia have -one and the same movement of resistance. So the Reichsführer -SS and Chief of the German Police must be able to carry out, -with his agencies, his police measures concerning the interests -of the Reich as a whole. This, however, will be done in such -a way that the measures to be adopted will first be submitted -to me and carried out only when I give my consent. In the -Government General the Police are the armed forces. Consequently -the leader of the Police will be called by me into the -Government of the Government General; he is subordinate to -me, or to my deputy, as a state secretary for security.”</p> - -</div> - -<p class='pindent'>At this juncture, it is appropriate to mention that the man who -filled the position of State Secretary for Security in the Government -General was Frank’s Higher SS and Police Leader, Krüger.</p> - -<p class='pindent'>THE PRESIDENT: Will you read the next page?</p> - -<p class='pindent'>LT. COL. BALDWIN: May it please the Tribunal; I shall come -to that excerpt later.</p> - -<p class='pindent'>THE PRESIDENT: In the same document?</p> - -<p class='pindent'>LT. COL. BALDWIN: Yes, Sir. It seems more appropriate at -another point.</p> - -<p class='pindent'>The Tribunal may recall that the reports of the extermination -of Jews in the Warsaw ghetto were made in the spring of 1943 by -SS Leader Stroop, who immediately supervised the operation, to -this same Krüger, who was still at that time one of the two most -influential members of Frank’s Cabinet, as State Secretary for -Security.</p> - -<p class='pindent'>It was inevitable that the grand conspiracy or common plan -should have as its component parts a host of small plans each dealing -with a particular sphere of activity. These plans, differing from -the master plan only in size, are the blueprints for a specific action -drawn from the broad policies. Occupied Poland was no exception -to this rule. The plan for the administration of Poland was contained -in a top secret memorandum of a conference between Hitler -and the Chief of the OKW, Defendant Keitel, entitled “Regarding -Future Relations of Poland to Germany” and dated 20 October 1939. -This report was initialed by General Warlimont. It is our Document -864-PS and may be found at Page 3 of the document book, and I -shall offer it into evidence as Exhibit Number USA-609.</p> - -<p class='pindent'>I shall quote, if the Court please, only from Paragraphs 1, 3, 4, -and 6:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) The Armed Forces will welcome it if they can dispose -of administrative questions in Poland. On principle, there -cannot be two administrations. . . . -<span class='pageno' title='77' id='Page_77'></span></p> -<hr class='tbk160'/> -<p class='noindent'>“3) It is not the task of the administration to make Poland -into a model province or a model state of the German order -or to put her economically or financially on a sound basis.</p> -<hr class='tbk161'/> -<p class='noindent'>“The Polish intelligentsia must be prevented from forming -a ruling class. The standard of living in the country is to -remain low; we want only to draw labor forces from there. -Poles are also to be used for the administration of the -country. However, the forming of national political groups -may not be allowed.</p> -<hr class='tbk162'/> -<p class='noindent'>“4) The administration has to work on its own responsibility -and must not be dependent on Berlin. We do not want to do -there what we do in the Reich. The responsibility does not -rest with the Berlin Ministries since there is no German -administration unit concerned.</p> -<hr class='tbk163'/> -<p class='noindent'>“The accomplishment of this task will involve a hard racial -struggle which will not allow any legal restrictions. The -methods will be incompatible with the principles otherwise -adhered to by us.</p> -<hr class='tbk164'/> -<p class='noindent'>“The Governor General is to give the Polish nation only bare -living conditions and is to maintain the basis for military -security. . . .</p> -<hr class='tbk165'/> -<p class='noindent'>“6). . . . Any tendencies towards the consolidation of conditions -in Poland are to be suppressed. The ‘Polish muddle’ -must be allowed to develop. The Government of the territory -must make it possible for us to purify the Reich territory -from Jews and Poles too. Collaboration with new Reich -provinces (Posen and West Prussia) only for resettlements -(compare Himmler mission).</p> -<hr class='tbk166'/> -<p class='noindent'>“Purpose: Shrewdness and severity must be the maxims in -this racial struggle in order to spare us from going to battle -on account of this country again.”</p> - -</div> - -<p class='pindent'>The Defendant Frank was the chosen executor of this program. -He knew its aims, approved of them, and actively carried out the -scheme. The Tribunal’s attention has already been invited to -Exhibit Number USA-297 wherein—this may be found at Page -1512 of the English text of the official transcript—(Volume III, -Pages 576, 577) the Defendant Frank expounded the mission which -his Führer assigned to him and according to which he intended to -administer in Poland. It contemplated, in brief, ruthless exploitation, -deportation of all supplies and workers, reduction of the -entire Polish economy to an absolute minimum necessary for bare -existence of the population, and the closing of all schools. No more -callous statement exists than the one Frank made in this report, -wherein he said, “Poland shall be treated as a colony; the Poles -shall be the slaves of the Greater German world empire.” -<span class='pageno' title='78' id='Page_78'></span></p> - -<p class='pindent'>In December 1940 Frank submitted to his department heads that -the task of administering Poland did truly involve a hard racial -struggle which would not allow any legal restrictions. I refer to -our Document 2233(o)-PS, which may be found at Page 45 in the -document book. It is taken from the Frank diary, and I offer it in -evidence as Exhibit Number USA-173. In the German text the -extract to be quoted appears in the volume of the diary entitled, -“Department Heads Meetings 1939-1940,” on Pages 12 and 13. -I now quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“In this country the force of a determined leadership must -rule. The Pole must feel here that we are not building him -a legal state, but that for him there is only one duty, namely, -to work and to behave himself. It is clear that this leads -sometimes to difficulties; but you must, in your own interest, -see that all measures are ruthlessly carried out in order to -become master of the situation. You can rely on me absolutely -in this.”</p> - -</div> - -<p class='pindent'>As for the Poles and Ukrainians, Defendant Frank’s attitude -was clear. They were to be permitted to slave for the German -economy as long as the war emergency continued. Once the war was -won, even this cynical interest would cease. I refer to a speech -before German political leaders at Kraków on 12 January 1944. -It appears in the Frank diary and as our Document 2233(bb)-PS at -Page 60 in the document book. It is the first passage on that page. -I offer it in evidence as Exhibit Number USA-295. In the diary, -the German text will be found in the loose-leaf volume covering -the period from 1 January to 28 February 1944, at the entry for -14 January 1944, at Page 24. “Once the war is won” Frank tells -these leaders—and here we have, may it please the Court, the -classic example of the completely brutal statement:</p> - -<div class='blockquote'> - -<p class='noindent'>“Once the war is won, then, for all I care, mincemeat can -be made of the Poles and the Ukrainians and all the others -who run around here; it doesn’t matter what happens.”</p> - -</div> - -<p class='pindent'>In accordance with the racial program of the Nazi conspirators, -the Defendant Frank makes it quite clear in his diary that the -complete annihilation of Jews was one of his cherished objectives. -In Exhibit Number USA-271, Frank stated in late 1940 in his diary -that he could not eliminate all lice and Jews in a year’s time. In -Exhibit Number USA-281, he notes in his diary in the year 1942 -that a program of starvation rations sentencing, in effect, 1,200,000 -Jews to die of hunger, should be noted only marginally. In -Exhibit Number USA-295, he confided to a secret press conference -that in the year 1944—and this, too, is from the diary—there were -still in the Government General perhaps 100,000 Jews. -<span class='pageno' title='79' id='Page_79'></span></p> - -<p class='pindent'>These facts, if the Tribunal please, are from the diary of the -man himself. We do no more here than to tabulate the results. The -supreme authority within a certain geographic area admits that in -a period of 4 years’ time up to 3,400,000 persons from that area -have been annihilated pursuant to an official policy and for no -crime, but only because of having been born a Jew. No words could -possibly reveal the inferences of death and suffering which must -needs be drawn from these stark facts.</p> - -<p class='pindent'>It was a Nazi policy that the population of occupied countries -should endure terror, oppression, impoverishment, and starvation. -The Defendant Frank succeeded so well in this regard that he was -forced to report to his Führer in 1943 that, in effect, Poles did not -regard the Government General with affection. This report to Hitler -was a summarization of the first 3½ years of the Defendant Frank’s -administration. It, better than anything else, can show the conditions -as they then existed as a result of the conspiratorial efforts -of the defendants.</p> - -<p class='pindent'>The report is contained in our Document 437-PS, at Page 2 of -the document book, and I now offer the original in evidence as -Exhibit Number USA-610. In the German text, the extract to be -quoted appears at Pages 10 and 11 of this report by Frank to Hitler -dated 19 June 1943, regarding the situation in Poland. I now quote. -Frank says:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the course of time, a series of measures, or of consequences -of the German rule, have led to a substantial deterioration -of the attitude of the entire Polish people to the -Government General. These measures have affected either -individual professions or the entire population and frequently -also—often with crushing severity—the fate of individuals.”</p> - -</div> - -<p class='pindent'>He goes on:</p> - -<div class='blockquote'> - -<p class='noindent'>“Among these are in particular:</p> -<hr class='tbk167'/> -<p class='noindent'>“1. The entirely insufficient nourishment of the population, -mainly of the working classes in the cities, the majority of -which are working for German interests.</p> -<hr class='tbk168'/> -<p class='noindent'>“Until the war of 1939 their food supplies, though not varied, -were sufficient and were generally assured owing to the -agrarian surplus of the former Polish State and in spite of -the negligence on the part of their former political leadership.</p> -<hr class='tbk169'/> -<p class='noindent'>“2. The confiscation of a great part of the Polish estates, -expropriation without compensation, and evacuation of Polish -peasants from maneuver areas and from German settlements.</p> -<hr class='tbk170'/> -<p class='noindent'>“3. Encroachments and confiscations in the industries, in commerce -and trade, and in the field of other private property. -<span class='pageno' title='80' id='Page_80'></span></p> -<hr class='tbk171'/> -<p class='noindent'>“4. Mass arrests and shootings by the German Police who -applied the system of collective responsibility.</p> -<hr class='tbk172'/> -<p class='noindent'>“5. The rigorous methods of recruiting workers.</p> -<hr class='tbk173'/> -<p class='noindent'>“6. The extensive paralyzing of cultural life.</p> -<hr class='tbk174'/> -<p class='noindent'>“7. The closing of high schools, colleges, and universities.</p> -<hr class='tbk175'/> -<p class='noindent'>“8. The limitation, indeed the complete elimination, of Polish -influence from all spheres of State administration.</p> -<hr class='tbk176'/> -<p class='noindent'>“9. Curtailment of the influence of the Catholic Church, -limiting its extensive influence—an undoubtedly necessary -move—and, in addition, until quite recently, often at the -shortest notice, the closing and confiscation of monasteries, -schools, and charitable institutions.”</p> - -</div> - -<p class='noindent'>Indeed, the Nazi plan for Poland succeeded all too well.</p> - -<p class='pindent'>THE PRESIDENT: This is only an extract here. Was he saying -that these measures were inevitable or that he justified them, or -what was he saying in the report?</p> - -<p class='pindent'>LT. COL. BALDWIN: He was saying, Sir, that the Polish -people’s attitude to the Government General had substantially -deteriorated. The reasons for that deterioration are the listings -I gave to the Court. In other words. . .</p> - -<p class='pindent'>THE PRESIDENT: Is that all he said?</p> - -<p class='pindent'>LT. COL. BALDWIN: No, Sir; that is just taken from Pages 10 -and 11 of the report. The report is an extremely long one.</p> - -<p class='pindent'>THE PRESIDENT: Well, I suppose you know what the general -tenor of the report was.</p> - -<p class='pindent'>LT. COL. BALDWIN: The general tenor of the report, Sir, was -in the nature of a complaint to Hitler, that he, Frank, was having -an extremely difficult time in the Government General because of -these measures and because of these happenings in the Government -General.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>LT. COL. BALDWIN: In order to illustrate how completely the -Defendant Frank is identified with the policies. . .</p> - -<p class='pindent'>DR. SEIDL: [<span class='it'>Interposing.</span>] As the Tribunal has already asked -the Prosecution what the purpose of this document is, I would like -to point out here that it concerns a document of 40 typewritten -pages addressed to Hitler and that Frank condemns the conditions -which the Prosecution has brought forward and that in this -document he makes far-reaching proposals to remedy the situation -which he severely criticizes.</p> - -<p class='pindent'>I shall, when my turn comes, read the whole document. -<span class='pageno' title='81' id='Page_81'></span></p> - -<p class='pindent'>THE PRESIDENT: Exactly. You will have full opportunity, -when it is your turn, to explain this document; but it is not your -turn at the moment.</p> - -<p class='pindent'>DR. SEIDL: I only mention it now because the Tribunal itself -drew my attention to this point.</p> - -<p class='pindent'>THE PRESIDENT: Now, Lieutenant Colonel Baldwin, I asked -you what was the whole content of the document from which you -were reading this paragraph. According to counsel for Frank, the -document, which is a very long document, shows that Frank was -suggesting remedies for the difficulties which he here sets out. Is -that so?</p> - -<p class='pindent'>LT. COL. BALDWIN: That is so, Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: Well, I think the. . .</p> - -<p class='pindent'>LT. COL. BALDWIN: May it please the Tribunal, I did not -cite this portion of that document, as I will later demonstrate, to -show that Frank did or did not suggest remedies for these conditions; -but only to explain that these conditions existed as of a -certain period.</p> - -<p class='pindent'>THE PRESIDENT: Well, when you cite a small part of the -document, you should make sure that what you cite is not misleading -as compared to the rest of the document.</p> - -<p class='pindent'>LT. COL. BALDWIN: I see, Your Honor. I had not considered -it to be such, in view of the purpose for which I introduced it, which, -as I suggested, was only to indicate a set of conditions which existed -at a certain time. I naturally assumed that the Defense, as Dr. Seidl -has indicated, will carry on with the rest of the document as a -matter of defense.</p> - -<p class='pindent'>THE PRESIDENT: Yes, of course, that is all very well, but the -Defendant Frank’s counsel will speak at some remote date; and it -is not a complete answer to say that he will have an opportunity of -explaining the document at some future date. It is for Counsel for -the Prosecution to make sure that no extracts which they read can -reasonably make a misleading impression upon the mind of the -Tribunal.</p> - -<p class='pindent'>LT. COL. BALDWIN: I shall now state, then, that the extract -which was just read was read solely for the purpose of indicating -that at a certain period, namely, June 1943, those conditions existed -in Poland, as the result of statements by the Governor General of -Poland.</p> - -<p class='pindent'>Would that be satisfactory to the Tribunal?</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Well, what is not satisfactory -to the Tribunal is that you did not give us the real purport of the -document. -<span class='pageno' title='82' id='Page_82'></span></p> - -<p class='pindent'>LT. COL. BALDWIN: Well, Sir, I don’t have the complete -document before me now. Therefore, I can’t read all of it.</p> - -<p class='pindent'>THE PRESIDENT: What we would like, would be, if possible, -that when an extract is made from a document, counsel who are -presenting that extract should instruct themselves as to the general -purport of the document so as to make certain that the part that is -read is not misleading.</p> - -<p class='pindent'>LT. COL. BALDWIN: Yes, Sir.</p> - -<p class='pindent'>In order to illustrate how completely the Defendant Frank is -identified with the policies, the execution of which is reported in -this document, and how thoroughly they were his own policies; and -this, if the Tribunal please, regardless of what remedies he may -have had in 1943, it is proposed in this last section to take passages -from Frank’s own diary in proof of his early espousal and execution -of these self-same policies.</p> - -<p class='pindent'>As to the insufficient nourishment of the Polish population, there -was no need for the Defendant Frank to have waited until June -1943 to have reported this fact to Hitler. In September 1941 Defendant -Frank’s own chief medical officer reported to him the appalling -Polish health conditions. This appears in Frank’s diary and in our -Document 2233(p)-PS, at Page 46 in the document book, which I -now offer in evidence as Exhibit Number USA-611. The German -text is to be found in the 1941 diary volume at Page 830. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Chief Medical Adviser Dr. Walbaum expresses his opinion -of the health condition of the Polish population. Investigations -which were carried out by his department proved that the -majority of Poles had only about 600 calories allotted to them, -whereas the normal requirement for a human being was -2,200 calories. The Polish population was weakened to such -an extent that it would fall an easy prey to spotted fever.”—Parenthetically, -I think we know that as typhus.</p> -<hr class='tbk177'/> -<p class='noindent'>“The number of diseased Poles has amounted to date to -40 percent. During the last week alone, 1,000 new spotted -fever cases were officially recorded. That is so far the highest -figure. This health situation represents a serious danger for -the Reich and for the soldiers coming into the Government -General. A spreading of that pestilence into the Reich is very -possible. The increase in tuberculosis, too, is causing anxiety. -If the food rations were to be diminished again, an enormous -increase of the number of illnesses could be predicted.”</p> - -</div> - -<p class='pindent'>While it was crystal-clear from this report that in September -1941 disease affected 40 percent of the Polish population, nevertheless -the Defendant Frank approved, in August 1942, a new plan -<span class='pageno' title='83' id='Page_83'></span> -which called for a much larger contribution of foodstuffs to Germany -at the expense of the non-German population of the Government -General. Methods of meeting the new quotas out of the -grossly inadequate rations of the Government General and the -impact of the new quotas on the economy of the country were -discussed at a cabinet meeting of the Government General on -24 August 1942 in terms which leave no possible doubt that not only -was the proposed requisition beyond the resources of the country, -but its force was to be distributed on a grossly discriminatory basis. -This appears from Frank’s diary and in our Document 2233(e)-PS, -which is at Page 30 in the document book, which I now offer in -evidence as Exhibit Number USA-283. The German text appears -in the 1942 conference volume at the conference entry for 24 August -1942. I quote the following extract:</p> - -<div class='blockquote'> - -<p class='noindent'>“Before the German people”—said Frank—“suffer starvation, -the occupied territories and their people shall be exposed to -starvation. In this moment, therefore, we here in the Government -General must have the iron determination to help -the great German people, that is our fatherland.</p> -<hr class='tbk178'/> -<p class='noindent'>“The Government General, therefore, must do the following: -The Government General has undertaken to send 500,000 tons -of bread grain to the fatherland in addition to the foodstuffs -already being delivered for the relief of Germany or consumed -here by troops of the Armed Forces, Police, or SS. If -you compare this with our contributions of last year you can -see that this means a six-fold increase over that of last year’s -contribution by the Government General.</p> -<hr class='tbk179'/> -<p class='noindent'>“The new demand will be fulfilled exclusively at the expense -of the foreign population. It must be done cold-bloodedly and -without pity.”</p> - -</div> - -<p class='pindent'>Defendant Frank was not only responsible for reducing the -Government General to starvation level, but was proud of the -contribution he thereby made to the Reich. I refer to a statement -made to the political leaders of the NSDAP on 14 December 1942 -at Kraków. It is contained in the Frank diary and is our Document -2233(z)-PS, at Page 57 in the document book; and I now offer it -in evidence as Exhibit Number USA-612. In the German text the -extract appears in the 1942 diary volume, Part IV, at Page 1331. -Defendant Frank is speaking:</p> - -<div class='blockquote'> - -<p class='noindent'>“I will endeavor to get out of the reservoir of this territory -everything that is yet to be had out of it.”</p> - -</div> - -<p class='noindent'>He continues:</p> - -<div class='blockquote'> - -<p class='noindent'>“When you consider that it was possible for me to deliver to -the Reich 600,000 tons of bread grain and in addition 180,000 -<span class='pageno' title='84' id='Page_84'></span> -tons to the Armed Forces stationed here; further, an abundance -amounting to many thousands of tons of other commodities, -such as seed, fats, vegetables, besides the delivery to -the Reich of 300 million eggs, <span class='it'>et cetera</span>, you can estimate how -important the work in this territory is for the Reich. In order -to make clear to you the significance of the consignment from -the Government General of 600,000 tons of bread grain, you -are referred to the fact that the Government General, by -this achievement alone, covers the raising of the bread ration -in the Greater German Reich by two-thirds for the present -rationing period. This enormous achievement can rightfully -be claimed by us.”</p> - -</div> - -<p class='pindent'>Now, as to the resettlement of Polish peasants which Defendant -Frank mentions secondly in the report to Hitler—although Himmler -was given general authority in connection with the conspirators’ -project to resettle various districts in the conquered Eastern territories -with racial Germans, the projects relating to resettling districts -in the Government General were submitted to and approved -by the Defendant Frank. The plan to resettle Zamosc and Lublin, -for example, was reported to him at a meeting to discuss special -problems of the district Lublin by his infamous State Secretary -for Security, Higher SS and Police Leader, Krüger, on 4 August 1942. -It is contained in Frank’s diary and in our Document 2233(t)-PS, -at Page 51 in the document book, which I now offer in evidence as -Exhibit Number USA-607. The German text appears in the 1942 -volume of the diary, Part III, Pages 830, 831, and 832.</p> - -<p class='pindent'>I now quote from the report of the conference:</p> - -<div class='blockquote'> - -<p class='noindent'>“State Secretary Krüger then continues, saying that the -Reichsführer’s next immediate plan until the end of the -following year would be to settle the following German racial -groups in the two districts”—Zamosc and Lublin—“1,000 -peasant homes (1 homestead per family of about 6) for Bosnian -Germans; 1,200 other kinds of homes; 1,000 homesteads -for Bessarabian Germans; 200 for Serbian Germans; 2,000 for -Leningrad Germans; 4,000 for Baltic Germans; 500 for Wolhynia -Germans; and 200 homes for Flemish, Danish, and -Dutch Germans; in all 10,000 homes for 50,000 to 60,000 -persons.”</p> - -</div> - -<p class='noindent'>Upon hearing this, the Defendant Frank directed that—and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . the resettlement plan is to be discussed co-operatively -by the competent authorities and he declares his willingness -to approve the final plan by the end of September after -satisfactory arrangements had been made concerning all the -<span class='pageno' title='85' id='Page_85'></span> -questions appertaining thereto—in particular the guaranteeing -of peace and order—so that by the middle of November, -as the most favorable time, the resettlement can begin.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: The Tribunal will adjourn now for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>LT. COL. BALDWIN: May it please the Tribunal, the way in -which the resettlement at Zamosc was carried out was described to -Defendant Frank by Krüger at a meeting at Warsaw on January 25, -1943. The report is contained in the Frank diary and is our Document -2233(aa)-PS, and appears at Page 58 in the document book. -I offer the original of it in evidence as Exhibit Number USA-613. -The German text appears in the labor conference volume for 1943, -at Pages 16, 17, and 19. Krüger in this excerpt reports that they -had settled the first 4,000 in the Kreis Zamosc shortly before Christmas; -that, understandably, friends were not made of the Poles in -the resettlement program; and that the Poles had to be chased out. -He then stated to Frank, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“We are removing those who constitute a burden in this -new colonization territory. Actually, they are the asocial and -inferior elements. They are being deported; first brought to -a concentration camp and then sent as labor to the Reich. -From a Polish propaganda standpoint, this entire first action -has an unfavorable effect. For the Poles say: ‘After the Jews -have been destroyed, then they will employ the same methods -to get the Poles out of this territory and liquidate them just -like the Jews.’ ”</p> - -</div> - -<p class='pindent'>Krüger went on to mention that there was a great deal of unrest -in the territory as a result; and Frank informed him, that is, -Krüger, that each individual case of resettlement would be discussed -in the future exactly as that one of Zamosc had been.</p> - -<p class='pindent'>Although the illegality of this dispossession of Poles to make -room for Germans was evident and although the fact that the Poles -who were not only being dispossessed but sent off to concentration -camps became increasingly difficult to handle, the resettlement -projects continued in the Government General.</p> - -<p class='pindent'>The third item mentioned by Frank—the encroachments and -confiscations of industry and private property—was again an early -Frank policy. He explained this to his department heads in December -1939. The report is from his diary and is our Document -2233(k)-PS, and it appears at Page 40 in the document book. I now -offer it in evidence as Exhibit Number USA-173. The German text -<span class='pageno' title='86' id='Page_86'></span> -appears in the department heads conference volume for 1939-40 at -the entry for 2 December 1939 at Pages 2 and 3. Dr. Frank states:</p> - -<div class='blockquote'> - -<p class='noindent'>“Principally it can be said regarding the administration of -the Government General: This territory in its entirety is -booty for the German Reich, and thus it will not do for this -territory to be exploited in separate individual parts; but the -territory in its entirety shall be economically used and its -entire economic worth redound to the benefit of the German -people.”</p> - -</div> - -<p class='pindent'>Reference is made to Exhibit Number USA-297, if any further -support of an early policy of ruthless exploitation is deemed necessary -by the Tribunal. In addition, the decree permitting sequestration -in the Government General heretofore pointed out to the -Tribunal (<span class='it'>Verordnungsblatt für das Generalgouvernement</span>, Number -6, 27 January 1940, Page 23), which decree was signed by the -Defendant Frank, permitted and empowered the Nazi officials to -engage in wholesale seizure of property. This was made the easier -by the undefined criteria of the decree. The looting of the Government -General under this and other decrees has already been -presented to the Tribunal on 14 December 1945, under the subject -heading, “Germanization and spoliation of occupied territories,” -and the Tribunal is respectfully referred to that portion of the -record and in particular to that segment dealing with the Government -General.</p> - -<p class='pindent'>The Defendant Frank mentioned mass arrests and mass shooting -and the application of collective responsibility as the fourth reason -for the apparent deterioration of the attitude of the entire Polish -people. In this, too, he is to blame, for it was no part of Defendant -Frank’s policy that reprisal should be commensurate with the -gravity of the offense. He was, on the contrary, an advocate of the -most drastic measures. At a conference of district political leaders at -Kraków, on 18 March 1942, Frank stated his policy. This extract is -from the diary and is our Document 2233(r)-PS and will be found -at Page 49 in the document book. I offer it in evidence as Exhibit -Number USA-608. The German text may be found in the diary -volume for 1942, Part I, Pages 195 and 196. I quote Frank’s statement:</p> - -<div class='blockquote'> - -<p class='noindent'>“Incidentally, the struggle for the achievement of our aims -will be pursued cold-bloodedly. You see how the state -agencies work. You see that we do not hesitate at anything, -and stand dozens of people up against the wall. This is necessary -because a simple reflection tells me that it cannot be -our task at this period, when the best German blood is being -sacrificed, to show regard for the blood of another race; for -out of this, one of the greatest dangers may arise. One -already hears today in Germany that prisoners of war, for -<span class='pageno' title='87' id='Page_87'></span> -instance, in Bavaria or Thuringia, are administering large -estates entirely independently, while all the men in a village -fit for service are at the front. If this state of affairs continues, -then a gradual retrogression of Germanism will result. -One should not underestimate this danger. Therefore, -everything revealing itself as a Polish power of leadership -must be destroyed again and again with ruthless energy. -This does not have to be shouted abroad; it will happen -silently.”</p> - -</div> - -<p class='pindent'>And on 15 January 1944 Defendant Frank assured the political -leaders of the NSDAP that reprisals would be made for German -deaths. These remarks are to be found in the Frank diary, in our -Document 2233(bb)-PS at Page 60 in the document book, the second -quote on that page, the original of which I offer in evidence as -Exhibit Number USA-295. The German text appears in the loose-leaf -volume of the diary covering the period from 1 January 1944 -to 28 February 1944, and appears at Page 13. Frank says quite -simply—“I have not hesitated to declare that when a German is -shot, up to 100 Poles shall be shot too.”</p> - -<p class='pindent'>The whole tragic history of slave-labor and recruitment of -workers has been placed before this Tribunal in great detail. When -the Defendant Frank refers to these methods as his fifth reason for -disaffection in Poland in his report to Hitler, he once more cites -policies which he executed. Force, violence, and economic duress -were all supported by him as means for recruiting laborers for -deportation to slavery in Germany. This was an announced policy, -and I have already alluded to Exhibit Number USA-297, which -contains verification of this fact.</p> - -<p class='pindent'>While in the very beginning recruitment of laborers in the -Government General may have been voluntary, these methods soon -proved inadequate. In the spring of 1940 the question of utilizing -force came up and the matter was discussed at an official meeting -at which the Defendant Seyss-Inquart was also present. I refer -to the Frank diary and our Document 2233(n)-PS, which the -Tribunal will find at Page 43 in the document book. I offer the -original in evidence as Exhibit Number USA-614. The German text -appears in the diary volume for 1940, Part II, at Page 333. I quote -the conference report:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Governor General stated that all means in the form of -proclamations, <span class='it'>et cetera</span>, not having succeeded, one is led to -the conclusion that the Poles, out of malevolence and with the -intention of harming Germany by not putting themselves at -its disposal, refuse to enlist for labor service. Therefore, he -asks Dr. Frauendorfer if there are any other measures not as -yet employed to win the Poles on a voluntary basis. -<span class='pageno' title='88' id='Page_88'></span></p> -<hr class='tbk180'/> -<p class='noindent'>“Reichshauptamtsleiter Dr. Frauendorfer answered the question -in the negative.</p> -<hr class='tbk181'/> -<p class='noindent'>“The Governor General emphasized the fact that he will now -be asked to take a definite attitude towards this question. -Therefore, the question will arise whether any form of -coercive measures should now be employed.</p> -<hr class='tbk182'/> -<p class='noindent'>“The question put by the Governor General to SS Lieutenant -General Krüger as to whether he sees possibilities of calling -Polish workers by coercive means, is answered in the affirmative -by SS Lieutenant General Krüger.”</p> - -</div> - -<p class='pindent'>In May 1940, at an official conference—and this record is already -before the Tribunal as Exhibit Number USA-173—Defendant Frank -stated that compulsion in recruitment of labor could be exercised, -that Poles could be snatched from the streets and that the best -method would be organized raids.</p> - -<p class='pindent'>As in the case of persecution of the Jews, the forced labor program -in the Government General is almost beyond belief. I refer to -the Frank diary and to our Document 2233(w)-PS, which will be -found at Page 53 in the document book, the original of which I offer -into evidence as Exhibit Number USA-607. This excerpt is a record, -if the Court please, of a discussion between the Defendant Sauckel -and the Defendant Frank at Kraków on 18 August 1942; and it -appears in the diary volume for 1942, Part III, at Pages 918 and 920. -Dr. Frank speaks:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am pleased to report to you officially, Party Comrade -Sauckel, that we have up to now supplied 800,000 workers -for the Reich. . . .”</p> - -</div> - -<p class='noindent'>He continues:</p> - -<div class='blockquote'> - -<p class='noindent'>“Recently you have requested us to supply a further 140,000. -I have pleasure in informing you officially that in accordance -with our agreement of yesterday, 60 percent of the newly -requested workers will be supplied to the Reich by the end of -October and the balance of 40 percent by the end of the year.”</p> - -</div> - -<p class='noindent'>Dr. Frank continues:</p> - -<div class='blockquote'> - -<p class='noindent'>“Beyond the present figure of 140,000 you can, however, next -year reckon upon a higher number of workers from the -Government General, for we shall employ the Police to conscript -them.”</p> - -</div> - -<p class='pindent'>How this recruitment was carried out—by wild and ruthless -manhunts—is clearly shown in Exhibit Number USA-178, which is -in evidence before the Tribunal. Starvation, violence, and death, -which characterized the entire slave-labor program of the conspirators, -was thus faithfully reflected in the administration of the -Defendant Frank. -<span class='pageno' title='89' id='Page_89'></span></p> - -<p class='pindent'>There were, of course, other grounds for uneasiness in occupied -Poland which the Defendant Frank did not mention in his report to -Hitler. He does not mention the concentration camps, perhaps -because as a representative jurist of National Socialism, the Defendant -Frank had himself defended the system in Germany. As -Governor General the Defendant Frank, we feel, must be held -responsible for all concentration camps within the boundaries of -the Government General. These include, among others, the notorious -camp at Maidanek and the one at Lublin and at Treblinka outside -of Warsaw. As indicated previously, the Defendant Frank knew and -approved that Poles were taken to concentration camps in connection -with resettlement projects. He had certain jurisdiction as -well in relation to the extermination camp Auschwitz, to which -Poles from the Government General were committed by his -administration. In February 1944 Embassy Counsellor Dr. Schumberg -suggested a possible amnesty of Poles who had been taken to -Auschwitz for trivial offenses and kept there for several months. -This conference, if the Court please, is reported in the Frank diary -and is contained in our Document 2233(bb)-PS, at Page 60 in the -document book. It is the third quote on that page. I offer the -original in evidence as Exhibit Number USA-295.</p> - -<p class='pindent'>THE PRESIDENT: You go too fast. Did you say Page 70?</p> - -<p class='pindent'>LT. COL. BALDWIN: Page 60, Sir. The German text appears -in the loose-leaf volume covering the period 1 January 1944 to -28 February 1944, at the conference on 8 February 1944, on Page -7. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Governor General will take under consideration an -amnesty probably for 1 May of this year. Nevertheless, one -must not lose sight of the fact that the German leadership -of the Government General must not now show any sign of -weakness.”</p> - -</div> - -<p class='pindent'>This, then, was and is the conspirator Hans Frank. The evidence -is by no means exhausted, but it is our belief that sufficient proof -has been given to this Tribunal to establish his liability under Count -One of the Indictment.</p> - -<p class='pindent'>As legal adviser of Hitler and the Leadership Corps of the -NSDAP, Defendant Frank promoted the conspirators’ rise to power. -In his various juridical capacities, both in the NSDAP and in the -German Government, Defendant Frank certainly advocated and -promoted the political monopoly of the NSDAP, the racial program -of the conspirators, and the terror system of the concentration camps -and of arrest without warrant. His role, early in the Common Plan, -was to realize “the National Socialist program in the realm of the -law” and to give the outward form of legality to this program of -<span class='pageno' title='90' id='Page_90'></span> -terror, persecution, and oppression which had as its ultimate purpose -mobilization for aggressive war.</p> - -<p class='pindent'>As a loyal adherent of Hitler and the NSDAP, Defendant Frank -was appointed Governor General in 1939 of that area of Poland -known as the Government General. Defendant Frank had defined -justice as that which benefited the German nation. His 5 years’ -administration of the Government General illustrates the most -extreme extension of that principle.</p> - -<p class='pindent'>It has been shown that Defendant Frank took the office of -Governor General under a program which constituted in itself a -criminal plan or conspiracy, as Defendant Frank well knew and -approved, to exploit the territory ruthlessly for the benefit of Nazi -Germany, to conscript its nationals for labor in Germany, to close -its schools and colleges, to prevent the rise of a Polish intelligentsia, -and to administer the territory as a colonial possession of the Third -Reich in total disregard of the duties of an occupying power towards -the inhabitants of occupied territory.</p> - -<p class='pindent'>Under Defendant Frank’s administration this criminal plan was -consummated, but the execution went even beyond the plan. Food -contributions to Germany increased to the point where the bare -subsistence reserved for the Government General under the plan -was reduced to a level of mass starvation. The savage program of -exterminating Jews was relentlessly executed. Resettlement projects -were carried out with reckless disregard of the rights of the local -population and the terror of the concentration camp followed in the -wake of the Nazi invaders.</p> - -<p class='pindent'>This statement of evidence has been compiled in large part from -statements by the Defendant Frank himself, from the admission -found in his diary, official reports, reports of conferences with his -colleagues and subordinates, and his speeches. It is therefore -appropriate that a passage from his diary should be quoted in conclusion. -It is our Document 2233(aa)-PS. It appears at Page 59 in -the document book. I offer the original in evidence as Exhibit -Number USA-613. The German text appears in the 1943 volume of -labor conference meetings at the 25 January 1943 entry on Page 53. -In his address Defendant Frank, prophetically enough, told his -colleagues in the Government General that their task would grow -more difficult. “Hitler”, he said, “could help them only as a kind of -‘administrative pill box.’ ” They must depend on themselves.</p> - -<div class='blockquote'> - -<p class='noindent'>“We are now duty bound to hold together”—and I quote -Frank—“We must remember that we who are gathered -together here figure on Mr. Roosevelt’s list of war criminals. -I have the honor of being Number One. We have, so to speak, -become accomplices in the world historic sense.”</p> - -</div> - -<p class='pindent'>This concludes the presentation on the Defendant Frank. -<span class='pageno' title='91' id='Page_91'></span></p> - -<p class='pindent'>May it please the Tribunal, Lieutenant Colonel Griffith-Jones of -the British Delegation will now deal with the individual responsibility -of the Defendant Streicher.</p> - -<p class='pindent'>LIEUTENANT COLONEL M. C. GRIFFITH-JONES (Junior Counsel -for the United Kingdom): If the Tribunal please, it is my duty to -present the case against the Defendant Julius Streicher.</p> - -<p class='pindent'>Appendix A of the Indictment, that paragraph of the Appendix -relating to Streicher, sets out the positions which he held and which -I shall prove. It then goes on to allege that he used those positions -and his personal influence and his close connection with the Führer -in such a manner that he promoted the accession to power of the -Nazi conspirators and the consolidation of their control over Germany, -as set forth in Count One of the Indictment; that he authorized, -directed, and participated in the Crimes against Humanity, -set forth in Count Four of the Indictment, including particularly -the incitement of the persecution of the Jews, set forth in Count One -and Count Four of the Indictment.</p> - -<p class='pindent'>My Lord, the case against this defendant can be, perhaps, -described by the unofficial title that he assumed for himself as -“Jew-baiter Number One.” It is the Prosecution’s case that for the -course of some 25 years this man educated the whole of the German -people in hatred and that he incited them to the persecution and -to the extermination of the Jewish race. He was an accessory to -murder, perhaps on a scale never attained before.</p> - -<p class='pindent'>With the Tribunal’s permission I propose to prove quite shortly -the position and influence that he held and then to refer the Tribunal -to several short extracts from his newspapers and from his -speeches and then to outline the part that he played in the particular -persecutions that occurred against the Jews between the -years 1933 and 1945.</p> - -<p class='pindent'>My Lord, perhaps before I start, I might say that the document -book before the members of the Tribunal is arranged in the order -in which I intend to refer to the documents. They are paged and -there is an index at the beginning of the book and if the Tribunal -have got what is called the trial brief, it is in effect a note of the -evidence to which I shall refer and again in the order in which I -shall refer to it, which may be of some assistance.</p> - -<p class='pindent'>My Lord, this defendant was born in 1885. He became a school -teacher in Nuremberg and formed a party of his own, which he -called the German Socialist Party. The chief policy of that party, -again, was anti-Semitism. In 1922 he handed over his party to -Hitler; and there is a glowing account of his generosity which -appears in Hitler’s <span class='it'>Mein Kampf</span>, which I do not think it worth -occupying the time of the Tribunal in reading. It appears as Document -M-3, and is the first document in the Tribunal’s document book. -<span class='pageno' title='92' id='Page_92'></span> -The copy of <span class='it'>Mein Kampf</span> is already before the Tribunal as Exhibit -GB-128.</p> - -<p class='pindent'>The appointments that he held in the Party and State were few. -From 1921 until 1945 he was a member of the Nazi Party. In 1925 -he was appointed Gauleiter of Franconia, and he remained as such -until about February of 1940; and from the time that the Nazi -Government came into power in 1933 until 1945, he was a member -of the Reichstag. In addition to that he held the title of Obergruppenführer -in the SA. All that information appears in Document 2975-PS, -which is already exhibited as Exhibit Number USA-9, and is -the affidavit that he made himself.</p> - -<p class='pindent'>The propaganda that he carried out throughout those years was -chiefly done through the medium of his newspapers. He was the -editor and publisher of the paper called Der Stürmer, which was a -weekly journal, from 1922 until 1933; and thereafter the publisher -and owner of the paper.</p> - -<p class='pindent'>In 1933 he also founded and thereafter, I think, published—certainly -was responsible for—the daily newspaper called the -<span class='it'>Fränkische Tageszeitung</span>.</p> - -<p class='pindent'>There were, in addition to that and particularly later, several -others, mostly local journals, that he published from Nuremberg.</p> - -<p class='pindent'>Those are the positions that he held; and now if I may, I shall -quite briefly trace the course of his incitement and propaganda more -or less in chronological order by referring the Tribunal to the short -extracts. I would say this: These extracts are really selected at -random. They are selected with a view to showing the Tribunal the -various methods that he employed to incite the people against the -Jewish race; but his newspapers are crowded with them, week after -week, day after day. It is impossible to pick up any copy without -finding the same kind of stuff in the headlines and in the articles.</p> - -<p class='pindent'>If I might quote from four speeches and articles showing his early -activities from 1922 until 1933—at Page 3 of the Tribunal’s document -book, Document M-11—that is an extract from a speech that he -made in 1922 in Nuremberg, and—after abusing the Jews in the -first paragraph—I refer only to the last two lines: “We know that -Germany will be free when the Jew has been excluded from the -life of the German people.”</p> - -<p class='pindent'>I pass to the next document, which is M-12, on Page 4. The first -document was Exhibit GB-165. That is the book, I understand, that -is being given that number, so that the next document, which is -taken from the same book, will be the same. Perhaps I might be -allowed to read that short extract. It is an extract from a speech:</p> - -<div class='blockquote'> - -<p class='noindent'>“I beg you and particularly those of you who carry the cross -throughout the land, to become somewhat more serious when -<span class='pageno' title='93' id='Page_93'></span> -I speak of the enemy of the German people, namely, the Jew. -Not out of irresponsibility or for fun do I fight against the -Jewish enemy, but because I bear within me the knowledge -that the whole misfortune was brought to Germany by the -Jews alone.</p> -<hr class='tbk183'/> -<p class='noindent'>“. . . I ask you once more, what is at stake today? The Jew -seeks domination not only among the German people but -among all peoples. The Communists pave the way for him. . . . -Do you not know that the God of the Old Testament ordered -the Jews to devour and enslave the peoples of the earth? . . .</p> -<hr class='tbk184'/> -<p class='noindent'>“The Government allows the Jew to do as he pleases. The -people expect action to be taken. . . . You may think about -Adolf Hitler as you please, but one thing you must admit. He -possessed the courage to attempt to free the German people -from the Jew by a national revolution. That was a great -deed.”</p> - -</div> - -<p class='pindent'>The next short extract appearing on the next page is taken from -a speech in April of 1925:</p> - -<div class='blockquote'> - -<p class='noindent'>“You must realize that the Jew wants our people to perish. . . . -That is why you must join us and leave those who have -brought you nothing but war and inflation and discord. For -thousands of years the Jew has been destroying the nations.”</p> - -</div> - -<p class='noindent'>I ask the Tribunal to note now these last few words:</p> - -<div class='blockquote'> - -<p class='noindent'>“Let us start today, so that we can annihilate the Jews.”</p> - -</div> - -<p class='pindent'>My Lord, so far as I have been able to find, that is the earliest -expression of annihilation of the Jewish race. Perhaps it gave birth -to what was 14 years later to become the official policy of the Nazi -Government.</p> - -<p class='pindent'>And one further passage from this period. This is in April 1932, -Document M-14, taken from the same book. He starts by saying, -“For 13 years I have fought against Jewry.” I quote the last paragraph -only:</p> - -<div class='blockquote'> - -<p class='noindent'>“We know that the Jew, whether he is baptized as a Protestant -or as a Catholic, remains a Jew. Why can you not realize this, -you Protestant clergymen, you Catholic priests! You are -blinded and serve the God of the Jews who is not the God of -love but the God of hate. Why do you not listen to Christ, -who said to the Jews, ‘You are the children of the Devil.’ ”</p> - -</div> - -<p class='pindent'>That, then, was the kind of performance he was putting up -during those early years. When the Nazi Party came to power, they -officially started their campaign against the Jews by the boycott -of 1 April 1933. Now, of that boycott the Tribunal have already had -evidence; and I would do no more now than to remind the Tribunal -in a word what happened. -<span class='pageno' title='94' id='Page_94'></span></p> - -<p class='pindent'>The boycott was agreed on and approved of by the whole Government, -as was shown in a document which is already before you, -Document 2409-PS, Exhibit Number USA-262, which was Goebbels’ -diary.</p> - -<p class='pindent'>Streicher was appointed the chairman of the central committee -for the organization of that boycott, which appears in Document -2156-PS, Exhibit Number USA-263. It was then said that he started -his work on Wednesday, the 29th.</p> - -<p class='pindent'>On that same day the central committee issued a proclamation -in which they said that the boycott would start on Saturday at 10:00 -a. m. sharp. “Jewry will realize whom it has challenged.” That short -quotation appears in Document 3389-PS, which is USA-566, which -is a volume—in actual fact, it is a copy of <span class='it'>Der Stürmer</span> which is -already before the Court.</p> - -<p class='pindent'>I would refer the Tribunal to one short passage from an article -in the <span class='it'>Nationalsozialistische Partei Korrespondenz</span> which the defendant -wrote on the 30th of March, before the boycott was due to start. -It is Document 2153-PS and appears on Page 12 of the Tribunal’s -book, which becomes Exhibit GB-166. There he writes, under the -title, “Defeat the enemy of the world!—by Julius Streicher, official -leader of the central committee to combat the Jewish atrocity and -boycott campaign.”:</p> - -<div class='blockquote'> - -<p class='noindent'>“Jewry wanted this battle. It shall have it until it realizes -that the Germany of the brown battalions is not a country of -cowardice and surrender. Jewry will have to fight until we -have won victory.</p> -<hr class='tbk185'/> -<p class='noindent'>“National Socialists! Defeat the enemy of the world. Even if -the world is full of devils, we shall succeed in the end.”</p> - -</div> - -<p class='pindent'>As head of the central committee for that boycott, Streicher -outlined in detail the organization of the boycott in orders which -the committee published on the 31st of March 1933, which is the -next document in the book, Document 2154-PS, Exhibit GB-167. -I can summarize those.</p> - -<p class='pindent'>The committee stressed that no violence is to be employed -against the Jews on the occasion of that boycott, but not perhaps -for humane reasons; it is because, if there is no violence employed, -then Jewish employers will have no grounds for discharging their -employees without notice; and they will have no ground for -refusing to pay them any wages.</p> - -<p class='pindent'>The Jews were also reported apparently to be transferring -businesses to German figureheads in order to alleviate the results -of this persecution, and the committee laid it down that any -<span class='pageno' title='95' id='Page_95'></span> -property to be transferred was to be considered as Jewish for the -purpose of the boycott.</p> - -<p class='pindent'>I do not think I need go into that any further. It does show that -at that date he was taking a leading part, and a leading part as -appointed by the Government, in the persecution of the Jews.</p> - -<p class='pindent'>I would now refer the Court again to a few further extracts to -show the form that this propaganda developed as the years went -on. At Page 18 of the document book, Document M-20, we have -an article in the New Year’s issue of a new paper that he had just -founded. It was a semi-medical paper called <span class='it'>German People’s Health -Through Blood and Soil</span>, edited by himself; and it is an example of -the really remarkable lengths to which he went in putting over -this propaganda against the Jews. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“For the initiated it is established for all time: ‘alien albumen’ -is the sperm of a man of alien race. The male sperm in -cohabitation is partially or completely absorbed by the female, -and thus enters her bloodstream. One single cohabitation of a -Jew with an Aryan woman is sufficient to poison her blood -forever. Together with the ‘alien albumen’ she has absorbed -the alien soul. Never again will she be able to bear purely -Aryan children, even when married to an Aryan. They will -all be bastards, with a dual soul and a body of a mixed breed. -Their children, too, will be crossbreeds; that means, ugly people -of unsteady character and with a tendency to illnesses. . . .</p> -<hr class='tbk186'/> -<p class='noindent'>“Now we know why the Jew uses every artifice of seduction -in order to ravish German girls at as early an age as possible; -why the Jewish doctor rapes his female patients while they -are under anaesthesia. . . . He wants the German girl and the -German woman to absorb the alien sperm of the Jew. She is -never again to bear German children!</p> -<hr class='tbk187'/> -<p class='noindent'>“But the blood products of all animal organisms right down -to bacteria, thus serum, lymph, extracts from internal organs, -<span class='it'>et cetera</span>, are also ‘alien albumen.’ They have a poisonous -effect if directly introduced into the bloodstream either by -vaccination or by injection.</p> -<hr class='tbk188'/> -<p class='noindent'>“The worst is that by these products of sick animals the blood -is defiled, the Aryan is impregnated with an alien species.</p> -<hr class='tbk189'/> -<p class='noindent'>“The author and abettor of such action is the Jew. He has -been aware of the secrets of the race question for centuries, -and therefore plans systematically the annihilation of the -nations which are superior to him. Science and ‘authorities’ -are his instruments for the enforcing of pseudoscience and the -concealment of truth.”</p> - -</div> - -<p class='noindent'>That becomes, My Lord, Exhibit GB-168. -<span class='pageno' title='96' id='Page_96'></span></p> - -<p class='pindent'>The next document, also at the beginning of 1935, an extract -from his own paper <span class='it'>Der Stürmer</span>, is entitled “The Chosen People -of the Criminals”:</p> - -<div class='blockquote'> - -<p class='noindent'>“And all the same, or let us say, just because of this, the -history book of the Jews, which is usually called the Holy -Scriptures, impresses us as a horrible criminal romance, which -makes the 150 shilling-shockers of the British Jew, Edgar -Wallace, grow pale with envy. This ‘holy’ book abounds in -murder, incest, fraud, theft, and indecency.”</p> - -</div> - -<p class='pindent'>On the 4th of October 1935—and the Tribunal will remember -that that was the month after the Nuremberg Decrees had been -made—he made a speech which is reported in the <span class='it'>Völkischer Beobachter</span> -and is entitled in that newspaper, “Safeguard of German -Blood and German Honor.” I read the report in that article: “Gauleiter -Streicher speaks at a German Labor Front mass demonstration -for the Nuremberg laws.” Then the first line of the actual article -says that he spoke for the second time within a few weeks. I quote -only the last two lines of that first large paragraph: “. . . we have -therefore to unmask the Jew, and that is what I have been doing -for the past 15 years.” That remark apparently was met with -tempestuous applause. That document, M-34, becomes Exhibit -GB-169.</p> - -<p class='pindent'>And, My Lord, I think it unnecessary to quote from the next -document in the Tribunal’s book. It is very much the same type of -thing. On Page 22 of the document book, Document M-6, there is -a leading article by Streicher in his <span class='it'>Der Stürmer</span> of which I would -refer only to the last half of the last paragraph where again he -emphasizes the part that he himself has taken in this campaign.</p> - -<div class='blockquote'> - -<p class='noindent'>“The <span class='it'>Stürmer’s</span> 15 years of work of enlightenment has already -led an army of initiated—millions strong—to National -Socialism. The continued work of <span class='it'>Der Stürmer</span> will help to -ensure that every German down to the last man will, with -heart and hand, join the ranks of those whose aim it is to -crush the head of the serpent Pan-Juda beneath their heels. -He who helps to bring this about helps to eliminate the devil, -and this devil is the Jew.”</p> - -</div> - -<p class='noindent'>That document becomes Exhibit GB-170.</p> - -<p class='pindent'>The next document—I include it in the document book again -only to show the extraordinary length to which he went in his -propaganda; and it consists of a photograph of the burning hull of -the airship <span class='it'>Hindenburg</span> when it went on fire in June 1937 in -America. Underneath it the caption includes the comment:</p> - -<div class='blockquote'> - -<p class='noindent'>“The first radio picture from the United States of America -shows quite clearly that a Jew stands behind the explosion of -<span class='pageno' title='97' id='Page_97'></span> -our airship <span class='it'>Hindenburg</span>. Nature has depicted quite clearly -and quite correctly that devil in human guise.”</p> - -</div> - -<p class='pindent'>And although it is not at all clear from that photograph, I think -the meaning of that comment is that the cloud of smoke in the air -is in the shape of a Jewish face.</p> - -<p class='pindent'>On the next page Document M-4 is a speech he made in September -1937 at the opening of a bridge in Nuremberg. I will quote -only the last paragraph on Page 24. The bridge in question is called -the Wilhelm Gustloff bridge, and he says:</p> - -<div class='blockquote'> - -<p class='noindent'>“The man who murdered Wilhelm Gustloff must have come -from the Jewish people, because the Jewish textbooks teach -that every Jew has the right to kill a non-Jew; and indeed, -that it is pleasing to the Jewish God to kill as many non-Jews -as possible.</p> -<hr class='tbk190'/> -<p class='noindent'>“Look at the road the Jewish people have been following for -thousands of years past; everywhere murder, everywhere -mass murder! Neither must we forget that behind present-day -wars there stands the Jewish financier who pursues his -aims and interests. The Jew always lives on the blood of -other nations; he needs such murder and such victims. For -us who know, the murder of Wilhelm Gustloff is the same as -ritual murder.”</p> - -</div> - -<p class='pindent'>And then on the next page:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is our duty to tell the children at school and the bigger -ones what this memorial means. . . .”</p> - -</div> - -<p class='pindent'>I go to the next paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Jew no longer shows himself among us openly as he used -to. But it would be wrong to say that victory is ours. Full -and final victory will have been achieved only when the whole -world is rid of Jews.”</p> - -</div> - -<p class='noindent'>That becomes Exhibit GB-171.</p> - -<p class='pindent'>Now the next two documents in your document books are simply -extracts from the correspondence columns of his <span class='it'>Der Stürmer</span>, -showing again one of the methods he employed in this propaganda. -I do not need to read them. The correspondence columns of all his -issues are full of letters coming in from Germans saying that some -German has been buying her shoes from a Jewish shop and so on, -and in that way assisting in the general boycott of the Jews. In -other words, they really are a weekly column of libels against the -Jews all over Germany.</p> - -<p class='pindent'>I pass then to another and particular form of propaganda that -he employed and which he called “ritual murder.” The Tribunal -may well remember that some years ago—I think it started in 1934—this -<span class='pageno' title='98' id='Page_98'></span> -<span class='it'>Der Stürmer</span> began publishing accounts of Jewish ritual murder -which horrified the whole world to such an extent that even the -Archbishop of Canterbury eventually wrote to the <span class='it'>Times</span> protesting, -as indeed did people from every country in the world, protesting -that any Government should allow matter like this to be published -in their national newspapers.</p> - -<p class='pindent'>He takes his ritual murder, I understand, from a medieval belief -that during their Eastertide celebrations the Jews were in the habit -of murdering Christian children; and he enlarges upon this and misrepresents -this belief, this medieval belief, to show that not only -did they do it in the Middle Ages, but that they are still doing it -and still want to do it. And if I might just quote one or two passages -from his newspapers and show one or two pictures which he -published in connection with his campaign of ritual murder, it will -illustrate to the Court the type of teaching and propaganda that he -was putting up. On Page 29 of the Tribunal’s document book, I will -quote from the third but last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“This the French front-line soldier should take with him to -France: The German people have taken a new lease on life. -They want peace, but if anybody should attack them, if anyone -should try to torture them again, to throw them back into the -past, then the world would witness another heroic epic; then -may Heaven decide where righteousness lies—here with us, -or where the Jew has the whiphand and where he instigates -massacres, one could almost say the biggest ritual murders of -all times. If the German people are to be slaughtered according -to the Jewish rites, the whole world will be thus -slaughtered at the same time.”</p> - -</div> - -<p class='pindent'>And the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Just as you have drummed morning and evening prayers -into your children’s heads, so now drum this into their heads, -so that the German people may gain the spiritual power to -convince the rest of the world which the Jews desire to lead -against us.”</p> - -</div> - -<p class='noindent'>That Document is M-2, Exhibit GB-172.</p> - -<p class='pindent'>And on the following page of the document book there is a -reproduction of a photograph taken from <span class='it'>Der Stürmer</span> of April 1937 -which illustrates three Jews ritually murdering a girl by cutting -her throat and shows the blood pouring out into a bucket on the -ground. The caption underneath that photograph is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ritual Murder at Polna. Ritual murder of Agnes Hruza by -the Jews Hilsner, Erdmann, and Wassermann (taken from a -contemporary postcard.)”</p> - -</div> - -<p class='pindent'>That is Exhibit Number USA-258. It is already in a copy of -<span class='it'>Der Stürmer</span>, which has been put in. -<span class='pageno' title='99' id='Page_99'></span></p> - -<p class='pindent'>There appears on the next page of the document book an extract -from that same <span class='it'>Der Stürmer</span>, April 1937. I will not read it now, -because it has been put in and has all been read to the Court. It -describes what happens when ritual murder takes place, and the -blood is mixed with the bread and drunk by the Jews having their -feast. The Tribunal will remember that during the feast the head -of the family exclaims, “May all gentiles perish—as the child whose -blood is contained in the bread and wine.”</p> - -<p class='pindent'>That is already Exhibit Number USA-258, and it has been read -in the transcript at Page 1437 (Volume III, Pages 522, 523).</p> - -<p class='pindent'>THE PRESIDENT: Would that be a good time to break off?</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: If My Lordship pleases.</p> - -<h3>[<span class='it'>A recess was taken until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='100' id='Page_100'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: May it please the Tribunal, if I -might just refer to two further copies of <span class='it'>Der Stürmer</span> on the subject -of “ritual murder,” the first of which appears on Page 32 of the -document book, 2700-PS. It is the copy in Exhibit USA-260. It is -an article in <span class='it'>Der Stürmer</span> for July 1938:</p> - -<div class='blockquote'> - -<p class='noindent'>“Whoever has had the occasion to be an eyewitness to the -ritualistic slaughtering of animals or at least to see a truthful -film on this method of slaughtering will never forget this -gruesome experience. It is horrifying. And instinctively he is -reminded of the crimes which the Jews have committed for -centuries on human beings. He will be reminded of the ritual -murder. History offers hundreds of cases in which non-Jewish -children were tortured to death by Jews. They, too, received -the same gash in the throat as is found on ritualistically -slaughtered animals. They, too, were slowly bled to death -while fully conscious.”</p> - -</div> - -<p class='pindent'>My Lord, on special occasions, or when he had some particular -subject matter to put before the world, he was in the habit of -issuing special editions of his newspaper <span class='it'>Der Stürmer</span>. Ritual murder -was such a special subject that he issued one of these special editions -dealing solely with it. The Tribunal will have a photostatic copy of -the complete issue for May 1939.</p> - -<p class='pindent'>Now I have not attempted to have translated all, or indeed any, -of the articles which appear in that edition. It is perhaps sufficient -to look at the pictures, the illustrations, and for me to read the -captions which appear underneath the photographs; and I regret -the translations of the captions have not been attached to the Tribunal’s -copy but perhaps I may be permitted to refer to the pictures -and read the captions for the Tribunal.</p> - -<p class='pindent'>The pages are marked in red pencil on the right-hand corner. -On Page 1 I see a picture of a child having knives stuck into its -side, blood spurting from it, and below the pedestal on which it -stands are five presumably dead children lying on the ground. The -caption to that picture is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the year 1476 the Jews in Regensburg murdered six boys. -They drew their blood and tortured them to death. In an -underground vault which belonged to the Jew Josfol, the -judges found the bodies of the murdered boys. A bloodstained -earthen bowl stood on an altar.”</p> - -</div> - -<p class='pindent'>On the next page there are two pictures, and the captions explain -them. The one at the top left-hand corner:</p> - -<div class='blockquote'> - -<p class='noindent'>“For the Jewish New Year celebrations in 1913, World -Jewry published this picture as a postcard. On the Jewish -<span class='pageno' title='101' id='Page_101'></span> -New Year and on the Day of Atonement the Jews slaughter -a so-called ‘kapores cock,’ that is to say, dead cock, whose -blood and death is intended to purify the Jews. In 1913 the -‘kapores cock’ had the head of the Russian Czar Nicholas II. -By publishing this postcard the Jews intended to say that -Nicholas II would be their next political purifying sacrifice. -On the 16th of July 1918 the Czar was murdered by the Jews -Jurovsky and Goloschtschekin.”</p> - -</div> - -<p class='pindent'>The picture at the bottom of the page, again, has a Jew holding -a similar bird:</p> - -<div class='blockquote'> - -<p class='noindent'>“The ‘kapores cock’ has the head of the Führer. The Hebrew -script says that one day Jews will ‘kill all Hitlerites.’ Then -they, the Jews, will be delivered from all misfortunes. But in -due course the Jews will realize that they have reckoned -without an Adolf Hitler.”</p> - -</div> - -<p class='pindent'>The next page of the newspaper contains reproductions of a lot -of previous articles on ritual murder, with a picture of the Defendant -Julius Streicher at the top.</p> - -<p class='pindent'>On the fourth page, a picture at the bottom of the right-hand -corner has the caption:</p> - -<div class='blockquote'> - -<p class='noindent'>“Jew at the Passover Meal. The wine and matzoth,”—unleavened -bread—“contain non-Jewish blood. The Jew -‘prays’ before the meal. He ‘prays’ for death to all non-Jews.”</p> - -</div> - -<p class='pindent'>On the fifth page are reproductions from some of the European -and American newspaper articles and letters which had been -received by those newspapers during the course of the last years -in protest to this propaganda on the subject of ritual murder, and -in the center of it you will see the letter from the Archbishop of -Canterbury written to the editor of the <span class='it'>Times</span> in protest.</p> - -<p class='pindent'>On the next page, Page 6, is another ghastly picture of a man -having his throat cut—again the usual spurt of blood falling into a -basin on the floor—and the caption to that is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Ritual Murder of the Boy Heinrich. In the year 1345 the -Jews in Munich slaughtered a non-Jewish boy. The martyr -was beatified by the Church.”</p> - -</div> - -<p class='pindent'>On Page 7 appears a picture representing three ritual murders. -On Page 8 there is another photo-picture:</p> - -<div class='blockquote'> - -<p class='noindent'>“St. Gabriel. This boy was crucified and tortured to death -by the Jews in the year 1690. The blood was drawn from -him.”</p> - -</div> - -<p class='pindent'>I think we can pass Page 9 and Page 10.</p> - -<p class='pindent'>On Page 11 there is shown a piece of sculpture which appears -on the wall of the Wallfahrts Chapel in Wesel and it represents -<span class='pageno' title='102' id='Page_102'></span> -the ritual murder of a boy, Werner. It is a somewhat disgusting -picture of the boy strung up by his feet and being murdered by -two Jews.</p> - -<p class='pindent'>Page 12 reproduces another picture taken from the same place. -The caption is:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Embalmed Body of ‘Simon of Trent’ Who Was Tortured -to Death by the Jews.”</p> - -</div> - -<p class='pindent'>Page 13 has another picture—somebody else having a knife stuck -into him, more blood coming out into a basin.</p> - -<p class='pindent'>On Page 14 are two pictures. The one at the top is said to be the -ritual murder of the boy Andreas, and the one at the bottom is the -picture of a tombstone, the caption of which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Tombstone of Hilsner. This is the memorial to a Jewish -ritual murderer, Leopold Hilsner. He was found guilty of two -ritual murders and was condemned in two trials to death by -hanging. The emperor was bribed and pardoned him. Masaryk, -the friend of the Jews, liberated him from penal servitude in -1918. Even on his tombstone lying Jewry calls this two-fold -murderer an innocent victim.”</p> - -</div> - -<p class='pindent'>The next page again reproduces the picture of a woman being -murdered by having her throat cut in the same way; and perhaps -I might refer to Page 17, which reproduces a picture of the Archbishop -of Canterbury and a picture of an old Jewish man, and the -caption says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Dr. Lang, the Archbishop of Canterbury, the Highest -Dignitary of the English Church. His ally, a typical example -of the Jewish race.”</p> - -</div> - -<p class='pindent'>The last page, Page 18, reproduces a picture called, “St. Simon -of Trent, Who Was Tortured to Death.”</p> - -<p class='pindent'>My Lord, it is my submission that that document is nothing -but an incitement to the people of Germany who read it, an -incitement to murder. It is filled with pictures of murder, murder -alleged to be against the German people, and is an encouragement -to all who read it to revenge themselves, and to revenge themselves -in the same way. That document, M-10, becomes Exhibit GB-173.</p> - -<p class='pindent'>DR. HANNS MARX (Counsel for Defendant Streicher): The -Defendant Julius Streicher has just called my attention to the fact -that he has not been given the opportunity to prove from where -these pictures, which the Prosecution referred to just now, were -taken. It is, in the opinion of the Defense, necessary that the origin -of these pictures should be made clear to the Tribunal; otherwise -one might think that these pictures had been especially borrowed -for <span class='it'>Der Stürmer</span> from some obscure source. The Defendant Streicher, -however, points out that these pictures came from recognized -<span class='pageno' title='103' id='Page_103'></span> -historical sources. I should therefore like to suggest that the Prosecution -make this material also available. I think that the articles -of <span class='it'>Der Stürmer</span> which have been referred to must show what the -sources are from which Streicher was supplied.</p> - -<p class='pindent'>THE PRESIDENT: Do the articles show the sources? Do the -articles themselves indicate the sources?</p> - -<p class='pindent'>DR. MARX: Yes.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: I should have said so. There -wasn’t any intention to misrepresent the matter, that these pictures -are taken from original pictures. These were not invented by the -newspaper, and in some cases the sources are shown in the caption. -This is a collection of medieval pictures and frescoes dealing with -this matter. In actual fact the papers show in almost all cases -where they come from.</p> - -<p class='pindent'>DR. MARX: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: You have already given us the dates of them, -which indicated they were medieval.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: That is so. My Lord, in January -1938—and it will be remembered that in 1938 the persecution of -the Jews became more and more severe—in January 1938, for some -reason or other, another special issue of <span class='it'>Der Stürmer</span> was published. -If the Tribunal would look at Page 34 of their document book I will -quote a short passage from the leading article in that paper—an -article written by the defendant:</p> - -<div class='blockquote'> - -<p class='noindent'>“The supreme aim and highest task of the State is therefore -to preserve People, Blood, and Race. But if this is the -supreme task, any crime against this law must be punished -with the supreme penalty. <span class='it'>Der Stürmer</span> takes therefore the -view that there are only two punishments for the crime of -polluting the race: 1. Long-term penal servitude for attempted -race pollution. 2. Death for the completed crime.”</p> - -</div> - -<p class='pindent'>And again, indeed if it is now still necessary to show the type -of paper this was, if the Tribunal will turn over to the next page -they will see the headlines set out for some of the articles that -are contained in that edition:</p> - -<div class='blockquote'> - -<p class='noindent'>“Jewish Race Polluters at Work.”</p> -<hr class='tbk191'/> -<p class='noindent'>“Fifteen-Year-Old Non-Jewess Violated.”</p> -<hr class='tbk192'/> -<p class='noindent'>“A Dangerous Race Polluter. He regards German women as -fair game for himself.”</p> -<hr class='tbk193'/> -<p class='noindent'>“The Jewish Sanatorium. A Jewish institution for the cultivation -of race pollution.”</p> -<hr class='tbk194'/> -<p class='noindent'>“Rape of a Feeble-Minded Girl.” -<span class='pageno' title='104' id='Page_104'></span></p> -<hr class='tbk195'/> -<p class='noindent'>“The Jewish Butler. He steals from his Jewish masters and -commits race pollution.”</p> - -</div> - -<p class='pindent'>The copy of that paper is already in as Exhibit USA-260.</p> - -<p class='pindent'>On the next page of the document book I will quote only the -last two lines. It is an article appearing in <span class='it'>Der Stürmer</span>; and it -is true that it is not an article actually written by the Defendant -Streicher but by his then editor, Karl Holz:</p> - -<div class='blockquote'> - -<p class='noindent'>“Revenge will break loose one day and will exterminate -Jewry from the face of the earth.”</p> - -</div> - -<p class='pindent'>And again on Page 37, in September 1938, <span class='it'>Der Stürmer</span> has -written an article in which the last two lines read as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . a parasite, a mischief maker, an evil-doer, a disseminator -of disease, who must be destroyed in the interest of mankind.”</p> - -</div> - -<p class='pindent'>It is my submission to the Tribunal that this is no longer propaganda -for the persecution of the Jews; this is propaganda for the -extermination of Jews, for the murder not of one man but of -millions.</p> - -<p class='pindent'>The next document in the document book, on Page 38, has -already been put in evidence and read to the Tribunal. It is -Exhibit USA-260. It appears in the document book and was read -into the transcript at Page 1438 (Volume III, Page 523). This is -a short article appearing in December 1938, Number 50 of <span class='it'>Der -Stürmer</span>.</p> - -<p class='pindent'>I would draw the Tribunal’s attention to the next document -which is a picture taken from that same copy. It shows the upper -part of a girl’s body being strangled by the arms of a man with -his hands around her neck and the shadow of the man’s face is -shown against the background, quite obviously with Jewish features. -The caption under that picture is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Castration for Race Polluters. Only heavy penalties will -preserve our womenfolk from a tighter grip from the loathsome -Jewish claws. The Jews are our misfortune.”</p> - -</div> - -<p class='pindent'>I pause for the moment from <span class='it'>Der Stürmer</span> to a particular -incident that occurred, in which the Defendant Streicher took a -leading part. It will be remembered that the organized demonstrations -against the Jews took place the 9th and 10th of November -1938. All this propaganda, as I say, was becoming fiercer and -more ferocious. In the autumn of that year the Defendant Streicher -organized the breaking up of the Nuremberg synagogues on the -occasion of a meeting of press representatives in Nuremberg. That -incident has in fact been referred to previously in this case and -the documents in connection with it are 1724-PS, which were put -in as Exhibit USA-266 and were referred to and read in the -transcript at Page 1443 (Volume III, Page 526). -<span class='pageno' title='105' id='Page_105'></span></p> - -<p class='pindent'>Gauleiter Julius Streicher was personally to set the crane -in motion with which the Jewish symbols were to be torn down -from the synagogue. From another document which also was put -in, 2711-PS, which became USA-267, and also was read in the -transcript at Page 1443 (Volume III, Page 526), I quote two lines:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . the Synagogue is demolished! Julius Streicher himself -inaugurates the work by a speech lasting an hour and a -half. By his order then—so to speak as a prelude of the -demolition—the tremendous Star of David came off the -cupola.”</p> - -</div> - -<p class='pindent'>The defendant, of course, took active part in the November -demonstrations of that year. I do not suggest that he was responsible -for the idea of them. The evidence against him is confined -only to the part that he took in his Gau in Franconia.</p> - -<p class='pindent'>On Page 43 of the document book, Document M-42 is an account -of the Nuremberg demonstrations as they were reported in the -<span class='it'>Fränkische Tageszeitung</span>, which of course was his paper, on the -11th of November. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“In Nuremberg and Fürth there were demonstrations by the -crowd against the Jewish murderers. These lasted until the -early hours of the morning. Long enough had one watched -the doings of the Jews in Germany.”</p> - -</div> - -<p class='noindent'>And then I go to the last three lines of that paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“After midnight the excitement of the populace reached its -peak and a large crowd marched to the synagogues in Nuremberg -and Fürth and burned these two Jewish buildings where -the murder of Germans had been preached.</p> -<hr class='tbk196'/> -<p class='noindent'>“The fire brigades, which had been notified immediately, saw -to it that the fire was confined to the original outbreak. -The windows of the Jewish shopkeepers, who still had not -given up hope of selling their rubbish to the stupid Gojim, -were smashed. Thanks to the disciplined behaviour of the -SA-men and the police, who rushed to the scene, there was -no plundering.”</p> - -</div> - -<p class='noindent'>That becomes Exhibit GB-174.</p> - -<p class='pindent'>The following document in the document book is the report of -Streicher’s speech on the 10th of November, the day of the demonstration. -I will quote from two paragraphs on that page—or rather, -starting in the middle of the first paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“From the cradle the Jew is not taught, as we are, such texts -as ‘Thou shalt love thy neighbor as thyself’ or ‘Whosoever -shall smite thee on thy right cheek, turn to him the other -also.’ No, he is told ‘With the non-Jew you can do whatever -<span class='pageno' title='106' id='Page_106'></span> -you like.’ He is even taught that the slaughtering of a non-Jew -is an act pleasing to God. For 20 years we have been -writing about this in <span class='it'>Der Stürmer</span>; for 20 years we have -been preaching it throughout the world, and we have made -millions recognize the truth.”</p> - -</div> - -<p class='pindent'>I go to the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Jew slaughtered in one night 75,000 Persians; when he -emigrated from Egypt he killed all the first-born, that is, a -whole future generation of Egyptians. What would have -happened if the Jew had succeeded in driving the nations -into war against us, and if we had lost the war? The Jew, -protected by foreign bayonets, would have fallen on us and -would have slaughtered and murdered us. Never forget -what history teaches.”</p> - -</div> - -<p class='pindent'>My Lord, after the November demonstrations irregularities -occurred in the Gau of Franconia in connection with the organized -Aryanization of Jewish property. Aryanization of Jewish property -was, of course, regulated by the State; and under a decree it had -been laid down that the proceeds, or any proceeds that there might -be, from taking over Jewish properties and giving them to -Aryans—all such proceeds were to go to the State. What apparently -happened in Franconia was that a good deal of the proceeds never -found their way as far as the State, and as a result Göring set up -a commission to investigate what had taken place. We have the report -of that commission, and I would refer the Tribunal to certain short -passages in it. On Page 45, we see from that report exactly what -had been taking place in this Defendant Streicher’s Gau. I quote -from the paragraph, opposite where it says “Page 13”. . .</p> - -<p class='pindent'>DR. MARX: As proof of the irregularities which occurred in -connection with the Aryanization in Nuremberg after the 9th of -November, the prosecutor intends to quote a report which the -Deputy Gauleiter Holz made when he was interrogated before -the examining commission. I wish to protest against making use -of this report. Between Streicher and the Deputy Gauleiter Holz -there existed real tension if not enmity. The Deputy Gauleiter Holz -was the very person responsible for the measures of Aryanization. -It is not at all proved that Streicher had agreed to these measures -being undertaken. It is rather to be assumed that Holz, in order -to cover himself, made statements here which he himself could not -answer for if he were to appear here as witness today. Therefore, -in this report of Holz it is a question of statements made by a man -who was deeply involved in this matter, a man who participated -in these deeds, and a man who was an enemy of the Defendant -Streicher. Holz incriminated Streicher because Streicher did not -protect him in front of the commission and from the then Minister -<span class='pageno' title='107' id='Page_107'></span> -President Göring. Therefore I do not think that this report should -be used.</p> - -<p class='pindent'>THE PRESIDENT: Have you said what you wished to say?</p> - -<p class='pindent'>DR. MARX: Yes, Mr. President.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal considers that this document, -being an official document, is admissible under Article 21 and that -the objections which you have made to it are not objections which -go to its admissibility as evidence but go to its weight; and as to -that, you will have an opportunity to develop your objections at a -later stage when you come to speak. The Tribunal rules that the -document is admissible.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: My Lord, I read from the center -of that Page 45 of the document book:</p> - -<div class='blockquote'> - -<p class='noindent'>“After the November demonstrations the Deputy Gauleiter -Holz took up the Jewish question. His reasons can be given -here in detail on the basis of his statement of 25th March 1939:</p> -<hr class='tbk197'/> -<p class='noindent'>“The 9th and 10th of November 1938. During the night of -the 9th to the 10th of November and on the 10th of November -1938, events took place throughout Germany which I”—and -I emphasize that that is Holz speaking—“considered to be the -signal for a completely different treatment of the Jewish -question in Germany. Synagogues and Jewish schools were -burnt down and Jewish property was smashed both in shops -and in private houses. Besides this, a large number of -prominent Jews were taken to concentration camps by the -police. Towards midday we discussed these events in the -Gauleiter’s house. All of us were of the opinion that we now -faced a completely new state of affairs on the Jewish question. -By the great action against the Jews carried out in the night -and morning of the 10th of November all precedents and -all laws on this subject had been made meaningless. We were -of the opinion (particularly I myself) that we should now -act on our own initiative in this respect. I proposed to the -Gauleiter that in view of the great existing lack of housing -the best thing would be to put the Jews into a kind of internment -camp. Then the houses would become free at once; and -the housing shortage would be relieved, at least in part. -Besides that, we should have the Jews under control and -supervision! I added ‘The same thing happened to our -prisoners of war and war internees.’</p> -<hr class='tbk198'/> -<p class='noindent'>“The Gauleiter said that this suggestion was for the time -being unfeasible. Thereupon I made a new proposal to him. -I said to him that I considered it unthinkable that, after the -Jews had had their property smashed, they should still be -<span class='pageno' title='108' id='Page_108'></span> -able to own houses and land. I proposed that these houses -and this land ought to be taken away from them, and -declared myself ready to carry through such an action. I -declared that by the Aryanization of Jewish land and houses -a large sum could accrue to the Gau out of the proceeds. -I named some millions of marks. I stated that, in my opinion, -this Aryanization could be carried out as legally as the -Aryanization of shops. The Gauleiter’s answer was something -to this effect: ‘If you think you can carry this out, do so. The -sum gained will then be used to build a Gau school.’ ”</p> - -</div> - -<p class='noindent'>I go down now to where it says “Page 18”:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Aryanization was accomplished by the alienation of -properties, the surrender of claims, especially mortgage -claims, and reductions in buying price.</p> -<hr class='tbk199'/> -<p class='noindent'>“The payment allowed the Jews was basically 10 percent of -the nominal value or nominal sum of the claim. As a justification -for these low prices, Holz claimed, at the Berlin meeting -of the 6th of February 1939, that the Jews had mostly bought -their property during the inflation period for less than a -tenth of its value. As has been shown by investigating a -large number of individual cases selected at random, this -claim is not true.”</p> - -</div> - -<p class='pindent'>My Lord, I would turn to Page 48 of the document book, which -appears in the second part of this report, and that part of the -report is really the part containing the findings of the commission. -I quote from the top of the page, Page 48 of the document book . . .</p> - -<p class='pindent'>THE PRESIDENT: Is this still part of the report?</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: This is still part of the report. It -is, in fact, as I say, the findings of the commission.</p> - -<div class='blockquote'> - -<p class='noindent'>“Gauleiter Streicher likes to beat people with a riding whip -but only if he is in the company of several persons assisting -him. In most cases the beatings are carried out with sadistic -brutality.</p> -<hr class='tbk200'/> -<p class='noindent'>“The best known case is that of Steinruck, whom he beat in -the prison cell until the blood came, together with Deputy -Gauleiter Holz and SA Oberführer König. After returning -from this scene to the Deutscher Hof he said, ‘Now I am -relieved. I needed that again!’ Later he also stated several -times that he needed another Steinruck case in order to -‘relieve’ himself.</p> -<hr class='tbk201'/> -<p class='noindent'>“In August 1938 he beat the editor Burker at the Gauhaus -together with District Office Leader Schöller and his adjutant, -König.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='109' id='Page_109'></span></p> - -<p class='pindent'>To show the authority and power that he held in his Gau, -I refer to the last paragraph on that page:</p> - -<div class='blockquote'> - -<p class='noindent'>“According to reports of reliable witnesses, Gauleiter Streicher -is in the habit of pointing out on the most varied occasions -that he alone gives orders in the district of Franconia. For -instance, at a meeting in the Colosseum in Nuremberg in -1935 he said that nobody could remove him from office. -In a meeting at Herkules Hall, where he described how he -had beaten Professor Steinruck, he emphasized that he would -not let himself be beaten by anybody, not even by an Adolf -Hitler. . . .</p> -<hr class='tbk202'/> -<p class='noindent'>“For, this also must be stated here, in Franconia the Gau -acts first and then orders the absolutely powerless authorities -to approve.”</p> - -</div> - -<p class='pindent'>My Lord, both of those volumes of that report, Document -1757-PS, will become Exhibit GB-175.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal isn’t altogether satisfied that -that has any bearing on the case against Streicher.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: My Lord, it is the object of that -document to show the kind of treatment and persecution which -the Jews were receiving in the district or Gau over which this -defendant ruled and, secondly, to show the absolute authority -with which this defendant acted in his district. That is the purpose -of that document.</p> - -<p class='pindent'>As a result either of that investigation or of some other matter -the defendant was relieved of his position as Gauleiter in February -1940, but he did not cease from his propaganda or from the control -of his newspaper. I would only quote one further short extract -from <span class='it'>Der Stürmer</span>. An article written by him on the 4th of November -1943, which appears in the document book on Page 53, is -Document 1965-PS and becomes Exhibit GB-176; and it is an extract -of importance:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is actually true that the Jews have so to speak disappeared -from Europe and that the Jewish ‘Reservoir of the East,’ -from which the Jewish pestilence has for centuries beset the -peoples of Europe, has ceased to exist. But the Führer of the -German people at the beginning of the war prophesied what -has now come to pass.”</p> - -</div> - -<p class='pindent'>My Lord, that article was signed by Streicher, and it is my submission -that it shows that he had knowledge of what was going -on in the East, of which this Court has had such evidence. That -was written November 1943. In April ’43, the Tribunal will remember, -the Warsaw ghetto was destroyed. Between April 1942 and -April 1944, 1,700,000-odd Jews were killed in Auschwitz and Dachau—I -<span class='pageno' title='110' id='Page_110'></span> -quote now from the transcript—and throughout the whole of -that period millions of Jews were to die. It is my submission that -that article appearing on the 4th of November and signed by him -shows that he knew what was happening, perhaps not the details, -but that he knew that the Jews were being exterminated.</p> - -<p class='pindent'>I leave <span class='it'>Der Stürmer</span> and I would draw the attention of the -Tribunal quite shortly to a matter which is perhaps as evil as any -other aspect of this man’s activity, and that is the particular attention -that he paid to the instruction—if you can call it that—or the -perversion of the children and the youth of Germany. He was not -content with inciting the German population. He seized the children -as early as he could at their schools, and he started to poison their -minds at the earliest possible date. Already in some of the extracts -to which I have referred, the Tribunal will remember that there are -mentions of children and the need for teaching them anti-Semitism. -I refer now to Page 54 of the document book, and I would quote -four or five lines from the last paragraph, starting in the middle of -the last paragraph. It is a report of a speech by Streicher as early -as June 1925, when he says:</p> - -<div class='blockquote'> - -<p class='noindent'>“I repeat, we demand the transformation of the school into an -ethno-German institution of education. If German children -are taught by German teachers, then we shall have laid the -foundations for the ethno-German school. This ethno-German -school must teach racial doctrine.”</p> - -</div> - -<p class='pindent'>I now go to the last line of the first paragraph on the following -page:</p> - -<div class='blockquote'> - -<p class='noindent'>“We demand, therefore, the introduction of racial doctrine -into the school.”</p> - -</div> - -<p class='pindent'>That is in a copy of <span class='it'>Der Stürmer</span> which has already been put in. -It is Exhibit GB-165 (Document M-30).</p> - -<p class='pindent'>The following Document, M-43, is an extract from the <span class='it'>Fränkische -Tageszeitung</span> of the 19th of March 1934, when he addressed the -pupils at a girls’ school at Preisslerstrasse after their finishing their -vocational course. He was continually holding children’s meetings -and attending children’s schools. I quote the third paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Then Julius Streicher spoke about his life and told them -about a girl who had at one time been a pupil of his and who -had fallen a victim to a Jew and was finished for the rest of -her life.”</p> - -</div> - -<p class='pindent'>I need not read the rest. It is all in the same tone. That becomes -Exhibit GB-177.</p> - -<p class='pindent'>Every summer they celebrated in Nuremberg what they called -their solstice celebration, some pagan rite where the youth of -Nuremberg rallied—organized or at least encouraged by the Defendant -Streicher. -<span class='pageno' title='111' id='Page_111'></span></p> - -<p class='pindent'>On Page 58 of the document book is a report taken from his -paper, <span class='it'>Fränkische Tageszeitung</span>, of his speech to the Hitler Youth -on what they called the “Holy Mountain” near Nuremberg, on the -22d of June 1935.</p> - -<div class='blockquote'> - -<p class='noindent'>“Boys and girls, look back a little more than 10 years ago. -A great war—the World War—had raged over the peoples of -the earth and had left in the end a heap of ruins. Only one -people remained victorious in that dreadful war, a people of -whom Christ said that its father is the Devil. That people -had ruined the German Nation in body and soul. At that time -Adolf Hitler, an unknown man, arose from among the people -and became a voice which proclaimed a holy war and -struggle. He cried to the people to take courage again and -to rise and join in liberating the German people from the -Devil, so that mankind might again be free from that race -which has roamed the globe for centuries and millennia, -marked with the brand of Cain.</p> -<hr class='tbk203'/> -<p class='noindent'>“Boys and girls, even if it is said that the Jews were once the -chosen people do not believe it, but believe us when we say -that the Jews are not a chosen people. Because it cannot be -that a chosen people should act among the peoples as the -Jews do today.”</p> - -</div> - -<p class='noindent'>And so on, with similar kind of propaganda. That Document, M-1, -will be Exhibit GB-178.</p> - -<p class='pindent'>The next Document, M-44, from which I will not read now, -becomes Exhibit GB-179. The Tribunal will see that it was a report -of Streicher’s address to 2,000 children at Nuremberg at Christmastime -1936. Underlined it says:</p> - -<div class='blockquote'> - -<p class='noindent'>“ ‘<span class='it'>Do you know who the Devil is?</span>’ he asked his breathlessly -listening audience. ‘The Jew, the Jew,’ resounded from a -thousand children’s voices.”</p> - -</div> - -<p class='pindent'>But he wasn’t content only with writing and talking. He actually -issued a book for teachers, a book which he published from his <span class='it'>Der -Stürmer</span> offices, called <span class='it'>The Jewish Question and School Instruction</span>.</p> - -<p class='pindent'>I have not had the whole of that book translated. It is addressed -to school teachers. It is intended for their benefit, and it emphasizes -the necessity of anti-Semitic teaching in schools, and it suggests -ways in which the subject can be introduced and handled.</p> - -<p class='pindent'>On Page 60 of the document book, M-46, the Tribunal will see -a few extracts which have been taken from that book. The preface -part of it is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The National Socialist State has brought fundamental changes -into all spheres of life of the German people. -<span class='pageno' title='112' id='Page_112'></span></p> -<hr class='tbk204'/> -<p class='noindent'>“It has also presented the German teacher with new duties. -The National Socialist State demands that its teachers instruct -German children on racial questions. As far as the German -people is concerned the racial question is a Jewish question. -Those who want to teach the child about the Jew must -themselves have a thorough knowledge of the subject.”</p> - -</div> - -<p class='pindent'>I will quote from the paragraph opposite “Page 5” in the margin. -The whole of the rest of the extracts are really suggestions for -teachers as to how to introduce the Jewish subject into their -teaching, and at Page 5 of the introduction:</p> - -<div class='blockquote'> - -<p class='noindent'>“Racial and Jewish questions are the fundamental problems -of the National Socialist ideology. The solution of these -problems will secure the existence of National Socialism and -with this the existence of our nation for all time. The -enormous significance of the racial question is recognized -almost without exception today by all the German people. In -order to come to this realization, our people had to travel -through a long road of suffering.”</p> - -</div> - -<p class='pindent'>DR. MARX: I should like to point out the following: The prosecutor -omitted in his presentation to state that the book he referred -to was not written by the Defendant Streicher but by the school -inspector Fink. If the prosecutor had read the next sentence, the -Tribunal would have known about this fact. My client has called -my attention to this point. I noticed it myself also because the next -sentence reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Schulrat Fritz Fink desires to help German teachers on the -road to information and knowledge with his book: <span class='it'>The Jewish -Question in the Schools</span>.”</p> - -</div> - -<p class='pindent'>There can thus be no doubt that this School Inspector Fink is the -author of the book. It is, after all, an essential thing to know that -Fink and not Streicher was the author of this book.</p> - -<p class='pindent'>THE PRESIDENT: Have you finished what you wish to say?</p> - -<p class='pindent'>DR. MARX: Yes; that is what I wanted to say.</p> - -<p class='pindent'>THE PRESIDENT: I would point out to you that although the -book does appear to have been written by Fritz Fink, which is -stated in the paragraph at the top, it has a preface by Streicher, so -we may presume that Streicher authorized it; and it was published -and printed by <span class='it'>Der Stürmer</span>.</p> - -<p class='pindent'>DR. MARX: That is correct. I just wanted to point out to the -Tribunal that it did not appear to be understood, that just that -particular sentence was not read. One might have thought that an -original work of Streicher’s was concerned, in which case the -question of whether Streicher agreed with that work would appear -of minor importance. -<span class='pageno' title='113' id='Page_113'></span></p> - -<p class='pindent'>THE PRESIDENT: But you see, Dr. Marx, counsel was reading -actually from the preface by Streicher. The last passage that he -read, or almost the last, was the preface by Streicher. The last -passage I have got marked is the passage on Page 60, which is -headed “Preface” and is signed by Julius Streicher, which says in -terms that the book was written by School Inspector Fritz Fink.</p> - -<p class='pindent'>Let us not take any further time about it.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: I think I have reached. . .</p> - -<p class='pindent'>THE PRESIDENT: Will you read the last words of that preface -on Page 60 there: “Those who take to heart . . .”?</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: If Your Lordship pleases, I read -towards the end of the paragraph—the first paragraph of the -preface:</p> - -<div class='blockquote'> - -<p class='noindent'>“Those who take to heart all that has been written with such -feeling by Fritz Fink, who for many years has been greatly -concerned about the German people, will be grateful to the -creator of this outwardly insignificant publication.”—Then it -is signed—“Julius Streicher, City of the Reich Party rallies, -Nuremberg, in the year 1937.”</p> - -</div> - -<p class='pindent'>I omitted that last part only in the interest of time.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: That book is Exhibit GB-180. I -would just read the last two lines, which I was not able to read -before Dr. Marx interposed. The last three lines of the paragraph -under “Introduction”:</p> - -<div class='blockquote'> - -<p class='noindent'>“No one should be allowed to grow up in the midst of our -people without this knowledge of the frightfulness and -dangerousness of the Jew.”</p> - -</div> - -<p class='pindent'>I will not occupy the time of the Tribunal by reading further -from that book. The nature of the book I hope is clear. I would -only refer to the last three lines on the next page in the document -book, taking another extract from it:</p> - -<div class='blockquote'> - -<p class='noindent'>“One who has reached this stage of understanding will inevitably -remain an enemy of the Jews all his life and will -instill this hatred into his own children.”</p> - -</div> - -<p class='pindent'><span class='it'>Der Stürmer</span> also published some children’s books, although I -make it quite clear that I am not alleging that the defendant himself -wrote the books. But they were published from his publishing -business; and they are, of course, on the same line as everything -else that was published and issued from that business.</p> - -<p class='pindent'>The first of them to which I would call attention was entitled in -English—or the English translation is—as follows: Don’t Trust the -Fox in the Green Meadow Nor the Jew on His Oath. It is a picture -<span class='pageno' title='114' id='Page_114'></span> -book for children. There are pictures, all of them offensive pictures -depicting Jews, of which a variety of selections appears in the -Tribunal’s book. And opposite each picture there is a little story.</p> - -<p class='pindent'>On Page 62 of the document book the Tribunal will see the kind -of thing which appears opposite each picture. Opposite the picture -in the Tribunal’s document book appears the following:</p> - -<div class='blockquote'> - -<p class='noindent'>“Jesus Christ says, ‘The Jew is a murderer through and -through.’ And when Christ had to die the Lord didn’t know -of any other people that would torture him to death, so he -chose the Jews. That is why the Jews pride themselves on -being the chosen people.”</p> - -</div> - -<p class='pindent'>The writing opposite the first picture, which depicts a very -unpleasant looking Jewish butcher cutting up meat, is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Jewish butcher: He sells half-refuse instead of meat. A -piece of meat lies on the floor, the cat claws another. This -doesn’t worry the Jewish butcher since the meat increases in -weight. Besides, one mustn’t forget, he won’t have to eat it -himself.”</p> - -</div> - -<p class='pindent'>Again in the interest of time, it is not worth quoting the contents -of that book any further. The Tribunal can see the type of book it -is, the type of teaching it was instilling into the minds of the -children. The pictures speak for themselves.</p> - -<p class='pindent'>The second picture is a rather beastly picture of a girl being led -away by a Jew. On the next page we see the defendant smiling -benignly at a children’s party, greeting the little children. The next -picture depicts copies of <span class='it'>Der Stürmer</span> posted on a wall with children -looking at them.</p> - -<p class='pindent'>The next picture perhaps requires a little explanation. It is a -picture of Jewish children being taken away from an Aryan school, -led away by an unpleasant looking father; and all the Aryan -children shouting and dancing and enjoying the fun very much.</p> - -<p class='pindent'>That book, Document M-32, becomes Exhibit GB-181.</p> - -<p class='pindent'>THE PRESIDENT: You won’t be able, will you, to finish in a -short time? Perhaps we’d better adjourn now.</p> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: I have about another 20 minutes.</p> - -<p class='pindent'>THE PRESIDENT: Oh, yes; we will adjourn now.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>LT. COL. GRIFFITH-JONES: My Lord, I had finished describing -that one children’s book. There is a similar book called <span class='it'>The -Poisonous Fungus</span>, which has, in fact, been put in evidence already -as Exhibit USA-257, but it was not read to the Tribunal; and I -would like to read one of the short stories from that book because -<span class='pageno' title='115' id='Page_115'></span> -it shows, perhaps more strikingly, I think, than any other extract -to which we have referred, the revolting way in which this man -poisoned the minds of his listeners and readers.</p> - -<p class='pindent'>It is a book of pictures again with short stories, and Page 69 of -the document book shows one of the pictures, a girl sitting in a -Jewish doctor’s waiting room.</p> - -<p class='pindent'>My Lord, it is not a very pleasant story, but he is not a very -pleasant man; and it is only by reading these things that it becomes -possible to believe the kind of education that the German children -have been receiving during these years, led by this man.</p> - -<p class='pindent'>I quote from the story:</p> - -<div class='blockquote'> - -<p class='noindent'>“Inge”—that is the girl—“Inge sits in the reception room of -the Jew doctor. She has to wait a long time. She looks -through the journals which are on the table. But she is much -too nervous to read even a few sentences. Again and again -she remembers the talk with her mother. And again and -again her mind reflects on the warnings of her leader of the -League of German Girls. A German must not consult a Jew -doctor. And particularly not a German girl. Many a girl that -went to a Jew doctor to be cured met with disease and disgrace.</p> -<hr class='tbk205'/> -<p class='noindent'>“When Inge had entered the waiting room, she experienced an -extraordinary incident. From the doctor’s consulting room -she could hear the sound of crying. She heard the voice of a -young girl, ‘Doctor, doctor, leave me alone.’</p> -<hr class='tbk206'/> -<p class='noindent'>“Then she heard the scornful laughter of a man. And then, -all of a sudden it became absolutely silent. Inge had listened -breathlessly.</p> -<hr class='tbk207'/> -<p class='noindent'>“ ‘What can be the meaning of all this?’ she asked herself, and -her heart was pounding. And again she thought of the -warning of her leader in the League of German Girls.</p> -<hr class='tbk208'/> -<p class='noindent'>“Inge had already been waiting for an hour. Again she takes -the journals in an endeavor to read. Then the door opens. -Inge looks up. The Jew appears. She screams. In terror she -drops the paper. Horrified she jumps up. Her eyes stare into -the face of the Jewish doctor. And this face is the face of the -Devil. In the middle of this devil’s face is a huge crooked -nose. Behind the spectacles gleam two criminal eyes. Around -the thick lips plays a grin, a grin that means, ‘Now I have -you at last, you little German girl!’</p> -<hr class='tbk209'/> -<p class='noindent'>“And then the Jew approaches her. His fat fingers snatch at -her. But now Inge has got hold of herself. Before the Jew -can grab hold of her, she smacks the fat face of the Jew -doctor with her hand. One jump to the door. Breathlessly -<span class='pageno' title='116' id='Page_116'></span> -Inge runs down the stairs. Breathlessly she escapes from the -Jew house.”</p> - -</div> - -<p class='pindent'>Comment is almost unnecessary on a story like that, read by -children of the age of those who are going to read the books you -have seen.</p> - -<p class='pindent'>Another picture which I have included in the book is a picture, -of course of the defendant, and the script opposite that picture, -which appears on Page 70 of the document book, includes the -words—and I quote from the last but one paragraph: “Without a -solution of the Jewish question there will be no salvation for -mankind.”</p> - -<p class='pindent'>The page itself contains an account of how some boys attended -one of his speeches:</p> - -<div class='blockquote'> - -<p class='noindent'>“That is what he shouted to us. We all understood him. And -when, at the end, he shouted, ‘Sieg-Heil for the Führer,’ we -all acclaimed him with tremendous enthusiasm. Streicher -spoke for two hours that time. To us it seemed to have been -but a few minutes.”</p> - -</div> - -<p class='pindent'>One can begin to see the effect that all this was having from the -columns of <span class='it'>Der Stürmer</span> itself. In April 1936 there appears only -one letter—many others appear in other copies from children of all -ages—I quote the third paragraph of this letter, the letter signed -by the boys and girls of the National Socialist Youth Hostel at -Gross-Möllem:</p> - -<div class='blockquote'> - -<p class='noindent'>“Today we saw a play on how the Devil persuades the Jew -to shoot a conscientious National Socialist. In the course of -the play the Jew did it, too. We all heard the shot. We would -have all liked to jump up and arrest the Jew. But then the -policeman came and after a short struggle took the Jew along. -You can imagine, dear <span class='it'>Stürmer</span>, that we heartily cheered the -policeman. In the whole play not one name was mentioned, -but we all knew that this play represented the murder by the -Jew Frankfurter. We were very sad when we went to bed -that night. None felt like talking to the others. This play -made it clear to us how the Jew sets to work.”</p> - -</div> - -<p class='noindent'>My Lord, that book is already in evidence as I have stated. It is -Exhibit GB-170 (Document M-25).</p> - -<p class='pindent'>To conclude, I would draw the attention of the Tribunal again -only to his authority as a Gauleiter. It appears in the <span class='it'>Organization -Book of the NSDAP</span> for 1938—which is already in as Exhibit -USA-430—in the description of the duties and authority of Gauleiter: -The Gauleiter bears over-all responsibility to the Führer for -the sector of sovereignty entrusted to him. The rights, duties, and -jurisdiction of the Gauleiter result primarily from the mission -assigned by the Führer and, apart from that, from detailed direction. -<span class='pageno' title='117' id='Page_117'></span></p> - -<p class='pindent'>His association with the Führer and with the other defendants—or -some of the other defendants—can be seen from the newspapers. -On the occasion of his 50th birthday Hitler paid a visit to Nuremberg -to congratulate him. That was on the 13th of February 1935. -The account of that meeting is published in the <span class='it'>Völkischer -Beobachter</span> of that date, and I quote as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Adolf Hitler spoke to his old comrade in arms and the -latter’s followers in words which went straight to their -hearts. By way of introduction he remarked that it was a -special pleasure for him to spend, on this day of honor to -Julius Streicher, a short while in Nuremberg, the town of -battle-steeled National Socialist solidarity, within the circle -of the veteran standard-bearers of the National Socialist idea.</p> -<hr class='tbk210'/> -<p class='noindent'>“Just as they all, during the years of misery, had unshakeably -believed in the victory of the Movement, so his friend and -comrade in arms, Streicher, had stood faithfully at his side -at all times. It had been this unshakeable belief that had -moved mountains.</p> -<hr class='tbk211'/> -<p class='noindent'>“For Streicher it would surely be an inspiring thought that -this 50th anniversary meant to him not only the turn of a -half century, but also of a thousand years of German -history. He had in Streicher a comrade of whom he could -say that here in Nuremberg was a man who would never -waver for a single second and who would unflinchingly stand -behind him in every situation.”</p> - -</div> - -<p class='pindent'>That is Document M-8 and becomes Exhibit GB-182.</p> - -<p class='pindent'>The next document (M-22) is a letter from Himmler published -in <span class='it'>Der Stürmer</span> of April 1937. That edition is already Exhibit -USA-258.</p> - -<div class='blockquote'> - -<p class='noindent'>“When in future years the history of the reawakening of the -German people is written and the next generation is already -unable to understand that the German people were once -friendly to the Jews, it will be recognized that Julius -Streicher and his weekly paper <span class='it'>Der Stürmer</span> contributed -a great deal toward the enlightenment regarding the enemy -of mankind.”—Signed—“The Reichsführer SS, H. Himmler.”</p> - -</div> - -<p class='pindent'>That is Exhibit USA-258. A number of these documents are -already in evidence in the bound volumes.</p> - -<p class='pindent'>Lastly, we have a letter from Baldur von Schirach, the Reich -Youth Leader, published in <span class='it'>Der Stürmer</span> of March 1938 (Document -M-45, Exhibit USA-260):</p> - -<div class='blockquote'> - -<p class='noindent'>“It is the historical merit of <span class='it'>Der Stürmer</span> to have enlightened -the broad masses of our people in a popular way as to -<span class='pageno' title='118' id='Page_118'></span> -the Jewish world danger. <span class='it'>Der Stürmer</span> is right in not carrying -out its task in a purely aesthetic manner, for Jewry -has shown no regard for the German people. We have, -therefore, no reason for being considerate toward our worst -enemy. What we fail to do today, the youth of tomorrow -will have to suffer for bitterly.”</p> - -</div> - -<p class='pindent'>My Lord, it may be that this defendant is less directly involved -in the physical commission of the crimes against Jews, of which -this Tribunal have heard, than some of his co-conspirators. The -submission of the Prosecution is that his crime is no less the worse -for that reason. No government in the world, before the Nazis -came to power, could have embarked upon and put into effect a -policy of mass extermination in the way in which they did, without -having a people who would back them and support them and -without having a large number of people, men and women, who -were prepared to put their hands to their bloody murder. And -not even, perhaps, the German people of previous generations -would have lent themselves to the crimes about which this Tribunal -has heard, the killing of millions and millions of men and women.</p> - -<p class='pindent'>It was to the task of educating the people, of producing murderers, -educating and poisoning them with hate, that Streicher -set himself; and for 25 years he has continued unrelentingly the -education—if you can call it so—or the perversion of the people -and of the youth of Germany. And he has gone on and on as -he saw the results of his work bearing fruit.</p> - -<p class='pindent'>In the early days he was preaching persecution. As persecutions -took place he preached extermination and annihilation; and, as -we have seen in the ghettos of the East, as millions of Jews were -being exterminated and annihilated, he cried out for more and -more.</p> - -<p class='pindent'>That is the crime that he has committed. It is the submission of -the Prosecution that he made these things possible—made these -crimes possible—which could never have happened had it not been -for him and for those like him. He led the propaganda and the -education of the German people in those ways. Without him the -Kaltenbrunners, the Himmlers, the General Stroops would have had -nobody to carry out their orders. And, as we have seen, he has concentrated -upon the youth and the childhood of Germany. In its -extent his crime is probably greater and more far-reaching than -that of any of the other defendants. The misery that they caused -finished with their incarceration. The effects of this man’s crime, of -the poison that he has injected into the minds of millions and -millions of young boys and girls and young men and women lives -on. He leaves behind him a legacy of almost a whole people -poisoned with hate, sadism, and murder, and perverted by him. -<span class='pageno' title='119' id='Page_119'></span> -That German people remains a problem and perhaps a menace to -the rest of civilization for generations to come.</p> - -<p class='pindent'>My Lord, I submit that the Prosecution’s case against this man -as set out in the Indictment is proved.</p> - -<p class='pindent'>My Lord, Lieutenant Brady Bryson, of the United States Delegation, -will present to the Court the case against Schacht.</p> - -<p class='pindent'>LIEUTENANT BRADY O. BRYSON (Assistant Trial Counsel for -the United States): May it please the Tribunal, a document book has -been prepared and filed and the appropriate number of copies has -been delivered to the defendants.</p> - -<p class='pindent'>We ask the Tribunal’s permission to file within the next few -days a trial brief which now is in the process of preparation.</p> - -<p class='pindent'>Our proof against the Defendant Schacht is confined to planning -and preparation of aggressive war.</p> - -<p class='pindent'>THE PRESIDENT: What was it you said about the trial brief?</p> - -<p class='pindent'>LT. BRYSON: We ask permission to file a trial brief within the -next few days, as our brief is not yet ready.</p> - -<p class='pindent'>THE PRESIDENT: I see.</p> - -<p class='pindent'>LT. BRYSON: Our proof against the Defendant Schacht is -limited to planning and preparation for aggressive war and to -membership in a conspiracy for aggressive war.</p> - -<p class='pindent'>The extent of Schacht’s criminal responsibility as a matter of -law, under the Charter of the Tribunal, will be developed in our -brief. Only a few of our 50-odd documents have been previously -submitted in evidence. We have taken special pains to avoid repetition -and cumulative proof; but for the sake of continuity we -would like, in several instances, simply to draw the Tribunal’s -attention to evidence previously received, with an appropriate reference -to the transcript of the Record.</p> - -<p class='pindent'>Before commencing our proof, we wish to state our understanding -that the Defendant Schacht’s control over the German -economy was on the wane after November 1937, and that by the -time of the aggression on Poland his official status had been -reduced to that of Minister without Portfolio and personal adviser -to Hitler. We know too that he is sometimes credited with opposition -to certain of the more radical elements of the Nazi Party; -and I further understand that at the time of capture by United -States forces he was under German detention in a prison camp, -having been arrested by the Gestapo in July 1944.</p> - -<p class='pindent'>Be this as it may, our proof will show that at least up until the -end of 1937 Schacht was the dominant figure in the rearming of -Germany and in the economic planning and preparation for war, that -without his work the Nazis would not have been able to wring from -<span class='pageno' title='120' id='Page_120'></span> -their depressed economy the tremendous material requirements of -armed aggression, and that Schacht contributed his efforts with full -knowledge of the aggressive purposes which he was serving.</p> - -<p class='pindent'>The details of this proof will be presented in four parts:</p> - -<p class='pindent'>First, we will very briefly show that Schacht accepted the Nazi -philosophy prior to 1933 and supported Hitler’s rise to power.</p> - -<p class='pindent'>Second, proof of the contribution of Schacht to German rearmament -and preparation for war will be submitted. This evidence will -also be brief, since the facts in this respect are well-known and -have already been touched upon by Mr. Dodd in his presentation of -the case on economic preparation for war.</p> - -<p class='pindent'>Third, we will show that Schacht assisted the Nazi conspiracy -purposely and willingly with knowledge of, and sympathy for, its -illegal ends.</p> - -<p class='pindent'>And last, we will prove that Schacht’s loss of power in the -German Government did not in any sense imply disagreement with -the policy of aggressive war.</p> - -<p class='pindent'>We turn now to our proof that Schacht helped Hitler to power.</p> - -<p class='pindent'>Schacht met Göring for the first time in December 1930, and -Hitler early in January 1931 at Göring’s house. His impression of -Hitler was favorable. I offer in evidence Exhibit USA-615 (Document -3725-PS), consisting of an excerpt from a pre-trial interrogation -of Schacht under date of 20 July 1945, and quote two questions -and answers related to this meeting, near the middle of the first -page of the interrogation.</p> - -<p class='pindent'>THE PRESIDENT: Are you going to give us the Exhibit -number? You haven’t given us the other number?</p> - -<p class='pindent'>LT. BRYSON: This is an interrogation, Sir, and it will not have -two.</p> - -<p class='pindent'>THE PRESIDENT: Have you got a number for it?</p> - -<p class='pindent'>LT. BRYSON: You will find it in your document book in the -back, labeled “Schacht Interrogation of 20 July 1945.” I quote from -the middle of the first page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘What did he’ ”—that is, Hitler—“ ‘say?’</p> -<hr class='tbk212'/> -<p class='noindent'>“A: ‘Oh, ideas he expressed before, but it was full of will -and spirit.’ ”</p> - -</div> - -<p class='noindent'>And near the bottom of the page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘What was your impression at the end of that evening?’</p> -<hr class='tbk213'/> -<p class='noindent'>“A: ‘I thought that Hitler was a man with whom one could -co-operate.’ ”</p> - -</div> - -<p class='pindent'>After this meeting Schacht allied himself with Hitler; and at a -crucial political moment in November 1932, he lent the prestige of -<span class='pageno' title='121' id='Page_121'></span> -his name, which was widely known in banking, financial, and business -circles throughout the world, to Hitler’s cause. I offer in -evidence Exhibit USA-616 (Document 3729-PS) consisting of -excerpts from a pre-trial interrogation of Schacht on 17 October -1945. I wish to quote, beginning at the top of Page 36 of this interrogation. -This is the interrogation of 17 October 1945, at Page 36. I -may say that when I refer to the page numbers, I speak of the -page of the document book:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Yes, and at that time’ ”—referring to January 1931—“ ‘you -became a supporter, I take it, of. . .’</p> -<hr class='tbk214'/> -<p class='noindent'>“A: ‘In the course. . .’</p> -<hr class='tbk215'/> -<p class='noindent'>“Q: ‘Of Hitler’s coming to power?’</p> -<hr class='tbk216'/> -<p class='noindent'>“A: ‘Especially in the course of the years 1931 and 1932.’ ”</p> - -</div> - -<p class='noindent'>And I quote further from the lower half of Page 37 of the same -interrogation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘But what I mean—to make it very brief—did you lend -the prestige of your name to help Hitler come to power?’</p> -<hr class='tbk217'/> -<p class='noindent'>“A: ‘I have publicly stated that I expected Hitler to come to -power; for the first time, if I remember, in November ’32.’</p> -<hr class='tbk218'/> -<p class='noindent'>“Q: ‘And you know, or perhaps you don’t, that Goebbels in -his diary records with great affection. . .’</p> -<hr class='tbk219'/> -<p class='noindent'>“A: ‘Yes.’</p> -<hr class='tbk220'/> -<p class='noindent'>“Q: ‘. . . the help that you gave him at the time?’</p> -<hr class='tbk221'/> -<p class='noindent'>“A: ‘Yes, I know that.’</p> -<hr class='tbk222'/> -<p class='noindent'>“Q: ‘November 1932?’</p> -<hr class='tbk223'/> -<p class='noindent'>“A: ‘From the Kaiserhof to the Chancellery and back.’</p> -<hr class='tbk224'/> -<p class='noindent'>“Q: ‘That’s right. You have read that?’</p> -<hr class='tbk225'/> -<p class='noindent'>“A: ‘Yes.’</p> -<hr class='tbk226'/> -<p class='noindent'>“Q: ‘And you don’t deny that Goebbels was right?’</p> -<hr class='tbk227'/> -<p class='noindent'>“A: ‘I think his impression was that that was correct at that -time.’ ”</p> - -</div> - -<p class='pindent'>I now refer the Tribunal to this statement of Goebbels, set forth -in 2409(a)-PS. The entire diary of Goebbels is in evidence as -Exhibit Number USA-262. The entry I wish to read, which appears -in 2409(a)-PS, was made on 21 November 1932:</p> - -<div class='blockquote'> - -<p class='noindent'>“In a conversation with Dr. Schacht I assured myself that he -absolutely shares our point of view. He is one of the few -who stand immovable behind the Führer.”</p> - -</div> - -<p class='pindent'>It is believed that Schacht joined the Party only in the sense that -he allied himself with the cause. Dr. Franz Reuter, whose biography -of Schacht was officially published in Germany in 1937, has -stated that Schacht refrained from formal membership in order to -<span class='pageno' title='122' id='Page_122'></span> -be of greater assistance to the Party. I offer in evidence Document -Number EC-460, Exhibit Number USA-617, consisting of an excerpt -from Reuter’s biography, and I quote the last sentence of the -excerpt:</p> - -<div class='blockquote'> - -<p class='noindent'>“By not doing so, he was able eventually to help more toward -the final victory than if he had become an enrolled Party -member.”</p> - -</div> - -<p class='pindent'>It was Schacht who organized the financial means for the decisive -March 1933 election, at a meeting of Hitler with a group of -German industrialists in Berlin. Schacht acted as the sponsor or -host of this meeting, and a campaign fund of several million marks -was collected. Without reading therefrom, I offer in evidence Document -Number EC-439, Exhibit Number USA-618, an affidavit of -Von Schnitzler under date of 10 November 1945, and refer the Tribunal -to the transcript for 23 November, Pages 282-283 (Volume II, -Pages 223, 224), where the text of the affidavit already appears in -the Record.</p> - -<p class='pindent'>Further evidence on this point is also contained in the excerpt -from the interrogation of Schacht on 20 July 1945, from which I -read a part a moment ago. Schacht lent his support to Hitler not -only because he was an opportunist, but also because he shared -Hitler’s ideological principles. Apart from the entry in Goebbels’ -diary, this may be seen from Schacht’s own letter to Hitler, under -date of 29 August 1932, pledging continued support to Hitler after -the latter’s poor showing in the July 1932 elections. I offer this -letter in evidence as Document Number EC-457, Exhibit Number -USA-619, and quote from the middle of the first paragraph and -further from the next to the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“But what you could perhaps do with in these days is a kind -word. Your movement is carried internally by so strong a -truth and necessity that victory in one form or another cannot -elude you for long.”</p> - -</div> - -<p class='pindent'>And further down—and keep in mind that neither Hitler nor -Schacht was then in the German Government—Schacht says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Wherever my work may take me in the near future, even if -you should see me one day behind stone walls, you can -always count on me as your reliable assistant.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: What do those words mean at the top: “The -President of the Reichsbank in Retirement”? Are they on the letter?</p> - -<p class='pindent'>LT. BRYSON: Yes, they are, Sir. Dr. Schacht had previously -been a president of the Reichsbank. At this time he was in retirement. -You will remember, this is prior to Hitler’s accession to power.</p> - -<p class='pindent'>THE PRESIDENT: Yes, of course. -<span class='pageno' title='123' id='Page_123'></span></p> - -<p class='pindent'>LT. BRYSON: And then Hitler reinstated Dr. Schacht as President -of the Reichsbank after the Nazis had taken over.</p> - -<p class='pindent'>THE PRESIDENT: And he put that at the top of his letter, did -he?</p> - -<p class='pindent'>LT. BRYSON: That I cannot say.</p> - -<p class='pindent'>I will also point out that Schacht signed this letter, “With a -vigorous Heil.”</p> - -<p class='pindent'>We turn now to the second part of our proof, relating to -Schacht’s contribution to preparation for war.</p> - -<p class='pindent'>The detailed chronology of Schacht’s official career in the Nazi -Government, as set forth in Document 3021-PS, has already been -submitted in evidence as Exhibit Number USA-11. However, it may -be helpful at the outset to remind the Tribunal that Schacht was -recalled to the Presidency of the Reichsbank by Hitler on 17 March -1933, which office he continuously held until 20 January 1939; that -he was Acting Minister and then Minister of Economics from -August 1934 until November 1937; and that he was appointed -Plenipotentiary General for War Economy in May 1935. He resigned -as Minister of Economics and Plenipotentiary General for War Economy -in November 1937, when he accepted appointment as Minister -without Portfolio, which post he held until January 1943. His position -as virtual economic dictator of Germany in the 4 crucial years -from early 1933 to the end of 1936 is practically a matter of -common knowledge.</p> - -<p class='pindent'>Schacht was the guiding genius behind the Nazi expansion of -the German credit system for rearmament purposes. From the -outset he recognized that the plan for the German military supremacy -required huge quantities of public credit. To that end a series -of measures was adopted which subverted all credit institutions in -Germany to the over-all aim of supplying funds for the military -machine. I will briefly mention some of these measures.</p> - -<p class='pindent'>By Cabinet decree of 27 October 1933 the statutory reserve of -40 percent in gold and foreign exchange required against circulating -Reichsbank notes was permanently abandoned. By the Credit Act of -1934 the Government assumed jurisdiction of all credit institutions, -and control over the entire banking system was centralized in -Schacht as Chairman of the Supervisory Board for the Credit -System and President of the Reichsbank. This act not only enabled -Schacht to control the quantity of credit but also its use. On -29 March 1934 a system of forced corporate lending to the Reich -was imposed on German business. And on 19 February 1935 the -Treasury was authorized to borrow funds in any amounts approved -by the Reich Chancellor, that is, by Hitler.</p> - -<p class='pindent'>On these points I ask the Tribunal to take judicial notice of the -<span class='it'>Reichsgesetzblatt</span> 1933, Part II, Page 827; <span class='it'>Reichsgesetzblatt</span> 1934, -<span class='pageno' title='124' id='Page_124'></span> -Part I, Page 1203; <span class='it'>Reichsgesetzblatt</span> 1934, Part I, Page 295; and -<span class='it'>Reichsgesetzblatt</span> 1935, Part I, Page 198.</p> - -<p class='pindent'>THE PRESIDENT: Are they found here in the document book?</p> - -<p class='pindent'>LT. BRYSON: They’re not in the document book, Sir.</p> - -<p class='pindent'>I asked only that judicial notice be taken of them as published -laws of Germany.</p> - -<p class='pindent'>These measures enabled Schacht to embark upon what he himself -has termed a “daring credit policy,” including the secret -financing of a vast amount of armaments through the so-called ‘mefo’ -bill, a description of which appears in the transcript for 23 November -at Page 295 (Volume II, Page 232). I offer in evidence Document -Number EC-436, Exhibit Number USA-620, consisting of a -statement, dated 2 November 1945, by Emil Puhl, a director of the -Reichsbank during Schacht’s presidency, and quote the second -paragraph thereof as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the early part of 1935 the need for financing an accelerated -rearmament program arose. Dr. Schacht, President of the -Reichsbank, after considering various techniques of financing, -proposed the use of mefo bills to provide a substantial portion -of the funds needed for the rearmament program. This -method had as one of its primary advantages the fact that -secrecy would be possible during the first years of the rearmament -program; and figures indicating the extent of -rearmament, that would have become public through the use -of other methods, could be kept secret through the use of -mefo bills.”</p> - -</div> - -<p class='pindent'>The extent of the credit expansion and the importance of mefo -financing may be seen from Document Number EC-419, which I -now offer as Exhibit Number USA-621 and which consists of a -letter from Finance Minister Von Krosigk to Hitler, under date of -1 September 1938. I quote the following figures from the middle -of the first page:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Reich debt accumulated as follows:</p> -<hr class='tbk228'/> -<p class='noindent'>“As of 31 December 1932: Funded debt, 10,400 millions of -Reichsmark; short-term debt, 2,100 millions of Reichsmark; -debt not published in the budget (trade and mefo bills of -exchange), 0.</p> -<hr class='tbk229'/> -<p class='noindent'>“As of 30 June 1938: Funded debt, 19,000 million Reichsmark; -short-term debt, 3,500 million Reichsmark; and debt not -published in the budget (trade and mefo bills of exchange), -13,300 million Reichsmark.</p> -<hr class='tbk230'/> -<p class='noindent'>“Total: as of 31 December 1932, 12,500 million Reichsmark; as -of 30 June 1938, 35,800 million Reichsmark.”</p> - -</div> - -<p class='noindent'>The Reich debt thus tripled. . . -<span class='pageno' title='125' id='Page_125'></span></p> - -<p class='pindent'>THE PRESIDENT: Would you read the next section, beginning -with the words “Provisions were made to cover. . .”?</p> - -<p class='pindent'>LT. BRYSON: “Provisions were made to cover the armament -expenditures for the year 1938 (the same amount as in 1937) as -follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Five thousand millions from the budget, that is, taxes; -4,000 millions from loans; 2,000 millions from 6-month -treasury notes, which means postponement of payment until -1939; total: 11,000 millions.”</p> - -</div> - -<p class='pindent'>The Reich debt thus tripled under Schacht’s management. More -than one-third of the total was financed secretly and through the -instrumentality of the Reichsbank by mefo and trade bills. It is clear -that this amount of financing outside the normal public issues -represented armament debt. I read further from Document EC-436, -at the beginning of the last long paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“These mefo bills were used exclusively for financing -rearmament; and when in March 1938 a new finance program -discontinuing the use of mefo bills was announced by -Dr. Schacht, there was a total volume outstanding of 12,000 -million marks of mefo bills which had been issued to finance -rearmament.”</p> - -</div> - -<p class='pindent'>The character of Schacht’s credit policy and the fact that it was -ruthlessly dedicated to the creation of armaments plainly appear -from his own speech delivered on 29 November 1938.</p> - -<p class='pindent'>I offer it in evidence as Document Number EC-611, Exhibit -Number USA-622; and I quote from Page 6 at the beginning of the -last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is possible that no bank of issue in peacetime carried on -such a daring credit policy as the Reichsbank since the seizure -of power by National Socialism. With the aid of this credit -policy, however, Germany created an armament second to -none; and this armament in turn made possible the results of -our policy.”</p> - -</div> - -<p class='pindent'>Beyond the field of finance Schacht assumed totalitarian control -over the German economy generally in order to marshal it behind -the rearmament program.</p> - -<p class='pindent'>He acquired great power over industry as a result of the Nazi -reorganization of German industry along military lines and in -accordance with the so-called Leadership Principle. On this point -I refer the Tribunal to the transcript for 23 November at Pages -287-290 (Volume II, Pages 227-228); and to the <span class='it'>Reichsgesetzblatt</span> -1934, Part I, Page 1194, of which the Tribunal is asked to take -judicial notice.</p> - -<p class='pindent'>Schacht also exercised broad powers as a member of the Reich -Defense Council, which was secretly established on 4 April 1933 and -<span class='pageno' title='126' id='Page_126'></span> -the function of which was preparation for war. The Tribunal is -referred to the transcript for 23 November, Page 290 (Volume II, -Pages 228-229). I also offer in evidence as Document Number -EC-128, Exhibit Number USA-623, a report under date of 30 September -1934, showing the functions of the Ministry of Economics -in this respect. The report reveals concentration upon all the -familiar wartime economic problems, including stockpiling, production -of scarce goods, removal of industry to secure areas, fuel and -power supply for war production, machine tools, control of wartime -priorities, rationing, price control, civilian supply, and so on. I -wish to read into the Record merely an excerpt showing the jurisdiction -of the Ministry of Economics, beginning near the top of -Page 2 of Document Number EC-128:</p> - -<div class='blockquote'> - -<p class='noindent'>“With the establishment of the Reich Defense Council and its -permanent committee the Reich Ministry of Economics has -been given the task of making economic preparation for war. -There should really be no need to explain the tremendous -importance of this task. Everyone remembers vividly how -terribly the lack of any economic preparation for war hit us -during the World War.”</p> - -</div> - -<p class='pindent'>Finally, in 1934, Schacht acquired sweeping powers under legislation -which authorized him, as Minister of Economics, to take any -measure deemed necessary for the development of the German -economy. In this connection reference is made to the Reichsgesetzblatt, -1934, Part I, Page 565, of which the Tribunal is asked to take -judicial notice.</p> - -<p class='pindent'>The so-called “New Plan” devised by Schacht was announced in -the fall of 1934 shortly after he became Minister of Economics. In -this connection the Tribunal is referred to the <span class='it'>Reichsgesetzblatt</span>, -1934, Part I, Page 816 and the <span class='it'>Reichsgesetzblatt</span>, 1935, Part I, Page -105, with the request that judicial notice be taken thereof. The New -Plan was Schacht’s basic program for obtaining the necessary -foreign-produced raw materials and foreign exchange required to -sustain the rearmament program.</p> - -<p class='pindent'>With respect to the details of the New Plan, I offer in evidence -Document Number EC-437, Exhibit Number USA-624, consisting of -an affidavit of Emil Puhl, dated 7 November 1945. The entire text -is pertinent. Therefore, permission is requested to submit the -affidavit without reading therefrom, on condition that French and -Russian translations be prepared and filed.</p> - -<p class='pindent'>THE PRESIDENT: And German ones supplied, too.</p> - -<p class='pindent'>LT. BRYSON: We will supply copies. I wish to say that the -original is in English, but the affidavit has already been translated -into German. -<span class='pageno' title='127' id='Page_127'></span></p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>LT. BRYSON: This affidavit by a co-worker of Schacht describes -in detail the many ingenious and often ruthless devices he used, -including negotiating “stand-still” agreements, forcing payment in -Reichsmark of interest and amortization on debts incurred in -foreign currency, using scrip and funding bonds for the same purpose, -suspending service on foreign-held debts, blocking foreign-held -marks, freezing foreign claims in Germany, eliminating unessential -foreign expenditures, requisitioning German-held foreign exchange, -subsidizing exports, issuing restricted marks, bartering under -clearing agreements, licensing imports, and controlling all foreign -exchange transactions to the end of favoring raw materials for -armaments.</p> - -<p class='pindent'>The Tribunal is also asked to take judicial notice of <span class='it'>Reichsgesetzblatt</span>, -1934, Page 997; <span class='it'>Reichsgesetzblatt</span>, 1933, Part I, Page 349; and -<span class='it'>Reichsgesetzblatt</span>, 1937, Part I, Page 600, relating to the clearing -bank, the conversion bank, and the maturity of foreign loans, all -of which decrees are mentioned in the affidavit.</p> - -<p class='pindent'>Schacht even went so far as to invest foreign-held Reichsmark -on deposit in German banks in rearmament notes, thus, as he put it, -financing rearmament with the assets of his political opponents. -Without reading therefrom, I refer your Honors to Document Number -1168-PS, Exhibit USA-37, being a memorandum from Schacht to -Hitler, dated 3 May 1935, which already appears in the transcript -on Pages 412 and 413 (Volume II, Pages 312, 313). Moreover, -Schacht even resorted to capital punishment to prevent the loss of -foreign exchange when frightened capital began to flee from the -country. In this connection reference is made to the Law against -Economic Sabotage, found in 1936 <span class='it'>Reichsgesetzblatt</span>, Part I, -Page 999, of which the Tribunal is asked to take judicial notice.</p> - -<p class='pindent'>Schacht took particular pride in the results which were accomplished -under the stringent controls which he instituted under his -New Plan. I refer the Tribunal to Document Number EC-611, in -evidence as Exhibit Number USA-622, consisting of Schacht’s speech -in Berlin on 29 November 1938. I wish to read into the Record an -excerpt from the top of Page 10:</p> - -<div class='blockquote'> - -<p class='noindent'>“If there is anything remarkable about the New Plan, it is -again only the fact that German organization under National -Socialist leadership succeeded in conjuring up in a very short -time the whole apparatus of supervision of imports, direction -of exports, and promotion of exports. The success of the New -Plan can be proved by means of a few figures. Calculated -according to quantity, the import of finished products was cut -down by 63 percent between 1934 and 1937. On the other -<span class='pageno' title='128' id='Page_128'></span> -hand, the import of ores was increased by 132 percent, of -petroleum by 116, of grain by 102, and of rubber by 71 -percent.”</p> - -</div> - -<p class='pindent'>While President of the Reichsbank and Minister of Economics, -Schacht acquired still another key position, that of Plenipotentiary -General for War Economy.</p> - -<p class='pindent'>He received this appointment from Hitler pursuant to the -unpublished Reich Defense Law secretly enacted on 21 May 1935. -This law is in evidence as Document Number 2261-PS, Exhibit -Number USA-24, consisting of a letter from Von Blomberg dated -24 June 1935 to the chiefs of the Army, Navy and Air Forces, -together with copies of the Reich Defense Law and the Cabinet’s -memorandum relating thereto. Pertinent comments on and excerpts -from this document appear in the transcript for 23 November, at -Pages 278 and 292 (Volume II, Pages 220-229). I will simply state -therefore that by virtue of this appointment Schacht was put in -complete charge of economic planning and preparation for war in -peacetime, except for certain direct armament production under -control of the War Ministry. Upon the outbreak of war he was to -be the economic czar of Germany with complete control over the -activities of a number of key Reich ministries.</p> - -<p class='pindent'>Schacht appointed Wohlthat as his deputy and organized a staff -to carry out his directives. In this connection I offer in evidence -excerpts from a pre-trial interrogation of Schacht under date -17 October 1945. This document is Exhibit Number USA-616 -(Document 3729-PS). I wish to read into the Record a question -and answer found at the bottom of Page 40 of the document book:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Let me ask you a general question then: Do you take -the responsibility as Plenipotentiary General for War Economy -for the writings that were made and the actions that were -done by Wohlthat and his assistants?’</p> -<hr class='tbk231'/> -<p class='noindent'>“A: ‘I have to.’ ”</p> - -</div> - -<p class='pindent'>I also offer in evidence Document Number EC-258, Exhibit -Number USA-625, consisting of a status report issued in December -1937 under the signature of Schacht’s deputy, Wohlthat. The report -is entitled, “The Preparation of the Economic Mobilization by -the Plenipotentiary General for War Economy.” Schacht had -withdrawn from office immediately prior to the preparation of -this report, and it plainly is a recapitulation of his accomplishments -while in office. Since the entire text is relevant, we ask permission -to submit the document without reading therefrom on condition -that translations into French and Russian be later filed with the -Tribunal. -<span class='pageno' title='129' id='Page_129'></span></p> - -<p class='pindent'>THE PRESIDENT: I do not think this is consistent with the -rule laid down by the Tribunal, which was that the translations -in the French and Russian languages should be submitted at the -same time. You are now suggesting that you can submit translations -at a later stage.</p> - -<p class='pindent'>LT. BRYSON: Well, if Your Honor pleases, in any event I did -not plan to read from the document at this time and Defense -Counsel do have the German original.</p> - -<p class='pindent'>THE PRESIDENT: I was not speaking of the Defense Counsel -so much as of the members of the Tribunal.</p> - -<p class='pindent'>LT. BRYSON: We have the Russian translation in process now -and it was delayed and we were unable to get it here at this -time, but the delay will be very short and the document is of -critical importance to our case.</p> - -<p class='pindent'>THE PRESIDENT: How long will it be before it is ready?</p> - -<p class='pindent'>LT. BRYSON: I wouldn’t like to say precisely, Sir, but perhaps -within 4 or 5 days.</p> - -<p class='pindent'>THE PRESIDENT: What do you propose to do now, because -it is a very complicated and long document, is it not?</p> - -<p class='pindent'>LT. BRYSON: It is and it shows. . .</p> - -<p class='pindent'>THE PRESIDENT: Were you proposing to summarize it?</p> - -<p class='pindent'>LT. BRYSON: I was proposing to summarize it, Sir, now.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal thinks that if you would -summarize it now and only be permitted to put it in at the stage -when you have the translation ready, you may summarize it now.</p> - -<p class='pindent'>LT. BRYSON: I will summarize it now, Sir.</p> - -<p class='pindent'>THE PRESIDENT: Will it take long to summarize?</p> - -<p class='pindent'>LT. BRYSON: Not very long, Sir; no.</p> - -<p class='pindent'>THE PRESIDENT: You see, it is 5 o’clock.</p> - -<p class='pindent'>LT. BRYSON: I think there will be time to summarize it, and -then we will stop.</p> - -<p class='pindent'>This document discloses that before his resignation Schacht had -worked out in amazing detail his plans and preparations for the -management of the economy in the forthcoming war. For example, -180,000 industrial plants in 300 industries had been surveyed with -respect to usefulness for war purposes; economic plans for the -production of 200 basic materials had been worked out; a system -for the letting of war contracts had been devised; allocations of -coal, motor fuel, and power had been determined; 248 million -Reichsmark had been spent on storage facilities alone; evacuation -<span class='pageno' title='130' id='Page_130'></span> -plans for war materials and skilled workers from military zones -had been worked out; 80 million wartime ration cards had already -been printed and distributed to local areas; and a card index -on the skills of some 22 million workers had been prepared.</p> - -<p class='pindent'>That concludes the summary, Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: We will adjourn now.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 11 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='131' id='Page_131'></span><h1>THIRTY-SECOND DAY<br/> <span style='font-size:smaller'>Friday, 11 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>LT. BRYSON: If the Tribunal please, before picking up our line -of proof against the Defendant Schacht, I would like to supply a -point of information.</p> - -<p class='pindent'>Yesterday the President of the Tribunal inquired with respect -to Document Number EC-457, Exhibit Number USA-619. The question -raised by the Tribunal was with respect to the words “in -retirement” in the letterhead used by Schacht in writing to Hitler -in 1932. This is the letter in which Schacht expressed his belief in -the truth of the Nazi movement and in which he said that Hitler -could always count upon him as a reliable assistant.</p> - -<p class='pindent'>The letterhead has printed upon it “The President of the Reichsbank” -and after that phrase there is typed the letters “a. D.”, and -I understand that those letters are an abbreviation for a German -phrase meaning “in retirement” and that it is customary, or it was -customary, in Germany for retired officials to continue to use their -titles with the letters “a. D.”</p> - -<p class='pindent'>THE PRESIDENT: I see.</p> - -<p class='pindent'>LT. BRYSON: Yesterday we had just about completed our proof -with respect to the contribution of the Defendant Schacht to the -preparation for war, and I wish to submit one more document on -this point. This is Document Number EC-451, Exhibit Number -USA-626. It consists of a statement by George S. Messersmith, -United States Consul General in Berlin, 1930 to 1934. I will quote -therefrom, beginning with the second sentence of the fourth -paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“It was his”—Schacht’s—“financial ability that enabled the -Nazi regime in the early days to find the financial basis for -the tremendous armament program and which made it possible -to carry it through. If it had not been for his efforts, -and this is not a personal observation of mine only but I -believe was shared and is shared by every observer at the -time, the Nazi regime would have been unable to maintain -itself in power and to establish its control over Germany, -much less to create the enormous war machine which was -<span class='pageno' title='132' id='Page_132'></span> -necessary for its objectives in Europe and later throughout -the world.</p> -<hr class='tbk232'/> -<p class='noindent'>“The increased industrial activity in Germany incident to -rearmament made great imports of raw materials necessary, -while at the same time exports were decreasing. Yet by -Schacht’s resourcefulness, his complete financial ruthlessness, -and his absolute cynicism, Schacht was able to maintain and -to establish the situation for the Nazis. Unquestionably, -without this complete lending of his capacities to the Nazi -Government and all of its ambitions, it would have been -impossible for Hitler and the Nazis to develop an armed force -sufficient to permit Germany to launch an aggressive war.”</p> - -</div> - -<p class='pindent'>We turn now. . .</p> - -<p class='pindent'>THE PRESIDENT: Well, Lieutenant Bryson, I am not sure that -that gives a full or quite fair interpretation of the document. Don’t -you think perhaps you ought to read the paragraph before?</p> - -<p class='pindent'>LT. BRYSON: The preceding paragraph, Sir?</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. BRYSON: “Dr. Schacht always attempted to play both -sides of the fence. He told me, and I know he told both other -American representatives in Berlin and various British -representatives, that he disapproved of practically everything -that the Nazis were doing. I recall on several occasions -his saying, after the Nazi Party came into power, that if the -Nazis were not stopped, they were going to ruin Germany -and the rest of the world with it. I recall distinctly that he -emphasized to me that the Nazis were inevitably going to -plunge Europe into war.”</p> - -</div> - -<p class='pindent'>If the Court please, I would like to read also from the last -paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“In my opinion Schacht was in no sense a captive of the Nazis. -He was not compelled to devote his time and his capacities -to their interest. His situation was such that he would most -likely have been able either to work on much less restrained -scale or to abstain from activity entirely. He continued to -lend his services to the Nazi Government out of opportunism.”</p> - -</div> - -<p class='pindent'>We turn now to the third part of our case against Schacht. The -evidence is clear that he willingly contributed his efforts to the -Nazi conspiracy, knowing full well its aggressive designs. The Tribunal -will recall our proof that Schacht was converted to the Nazi -philosophy in 1931 and helped Hitler come to power in 1933. We -will now prove, first, that Schacht personally favored aggression -and, second, that in any event he knew Hitler’s aggressive intentions. -<span class='pageno' title='133' id='Page_133'></span></p> - -<p class='pindent'>There is ample evidence to justify the conclusion that Schacht -rearmed Germany in order to see fulfilled his strong belief in -aggressive expansion as an instrument of German national policy. -Schacht had long been a German nationalist and expansionist. He -spoke against the Treaty of Versailles at Stuttgart as early as 1927. -I offer in evidence Document EC-415, Exhibit Number USA-627, -consisting of a collection of excerpts from speeches by Schacht. -I quote from the top of Page 2: “The Versailles Dictate cannot be -an eternal document, because not only its economic but also its -spiritual and moral premises are wrong.”</p> - -<p class='pindent'>It is common knowledge that he strongly favored acquisition of -colonial territory by Germany. However, he also favored acquisition -of contiguous territory in Europe. On 16 April 1929 at -the Paris conference in connection with reparations, he said. . .</p> - -<p class='pindent'>THE PRESIDENT: Are you going to read the passage that -follows that at a later stage?</p> - -<p class='pindent'>LT. BRYSON: At a later stage, if you please, Sir, in connection -with another point.</p> - -<p class='pindent'>THE PRESIDENT: Very well; go on.</p> - -<p class='pindent'>LT. BRYSON: On 16 April 1929, at the Paris conference in connection -with reparations, he said:</p> - -<div class='blockquote'> - -<p class='noindent'>“Germany can as a whole pay only if the Corridor and Upper -Silesia will be handed back to Germany from Polish possession -and if, besides, somewhere on the earth, colonial territory -will be made available to Germany.”</p> - -</div> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): What are you quoting from?</p> - -<p class='pindent'>LT. BRYSON: I offer in evidence Exhibit Number USA-628 -(Document 3726-PS), consisting of excerpts from a pre-trial interrogation -of Schacht on 24 August 1945. You will find it in the -document book at the back, labelled “Interrogation of 24 August”. -At the top of the first page of the interrogation this statement was -quoted to Schacht, and his reply contains an admission of having -made the statement. In his reply he said:</p> - -<div class='blockquote'> - -<p class='noindent'>“That Germany could not pay at the time after I made the -statement has been proved, and that Germany will not be -able to pay after this war will be proved in the future.”</p> - -</div> - -<p class='pindent'>I wish to point out that this is the very territory which was the -subject of the armed aggression in September 1939.</p> - -<p class='pindent'>In 1935 Schacht stated flatly that Germany would, if necessary, -acquire colonies by force. I offer in evidence Document EC-450, -designated as Exhibit Number USA-629. This document consists of -an affidavit of S. R. Fuller, Jr., together with a transcript of his -<span class='pageno' title='134' id='Page_134'></span> -conversation with Schacht at the American Embassy in Berlin on -23 September 1935. I wish to read from Page 6 of the document -where there appears a statement by Schacht in the lower half of -the page.</p> - -<p class='pindent'>THE PRESIDENT: What is the date of the conversation?</p> - -<p class='pindent'>LT. BRYSON: The conversation occurred on 23 September 1935. -The page number of this document is at the bottom, and I quote -from Page 6:</p> - -<div class='blockquote'> - -<p class='noindent'>“Schacht: ‘Colonies are necessary to Germany. We shall get -them through negotiation, if possible; but if not, we shall -take them.’ ”</p> - -</div> - -<p class='pindent'>In July 1936, when the rearmament program was well under -way, Schacht again publicly spoke of the Versailles Treaty. This -time his language contained an explicit threat of war. I refer the -Tribunal again to Document EC-415, which I have previously -introduced in evidence as Exhibit Number USA-627, consisting of -a collection of speeches by Schacht. I wish to read from the paragraph -beginning in the middle of the first page:</p> - -<div class='blockquote'> - -<p class='noindent'>“But the memory of war weighs undiminished upon the -peoples’ mind. That is because, deeper than material wounds, -moral wounds are smarting, inflicted by the so-called peace -treaties. Material loss can be made up through labor, but the -moral wrong which has been inflicted upon the conquered -peoples in the peace dictates, leaves a burning scar on the -peoples’ conscience. The spirit of Versailles has perpetuated -the fury of war; and there will not be a true peace, progress, -or reconstruction until the world desists from this spirit. The -German people will not tire of pronouncing this warning.”</p> - -</div> - -<p class='pindent'>Later in the same year Schacht publicly advocated the doctrine -of Lebensraum for the German people. I quote again from Document -EC-415, Exhibit Number USA-627, being an excerpt from -Schacht’s speech at Frankfurt on 9 December 1936, on the second -page, the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Germany has too little living space for her population. She -has made every effort, and certainly greater efforts than any -other nation, to extract from her own existing small space -whatever is necessary for the securing of her livelihood. -However, in spite of all these efforts, the space does not -suffice.”</p> - -</div> - -<p class='pindent'>In January 1937 Schacht, in a conversation with Ambassador -Davies, at least by inference threatened a breach of the peace in -demanding a colonial cession. I offer in evidence Document L-111, -being Exhibit Number USA-630, and consisting of excerpts from a -<span class='pageno' title='135' id='Page_135'></span> -report under date of 20 January 1937, by Ambassador Davies to -the Secretary of State. I wish to read therefrom, beginning with the -second sentence of the second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“He”—meaning Schacht—“stated the following:</p> -<hr class='tbk233'/> -<p class='noindent'>“That the present condition of the German people was intolerable, -desperate, and unendurable; that he had been authorized -by his Government to submit proposals to France and -England which would: (1) Guarantee European peace, (2) -secure present European international boundaries, (3) reduce -armaments, (4) establish a new form of a workable league -of nations, and (5) abolish sanctions with new machinery for -joint administration; all based upon a colonial cession that -would provide for Germany an outlet for population, a source -for foodstuffs, fats, and raw materials.”</p> - -</div> - -<p class='pindent'>In December 1937 Ambassador Dodd noted in his diary that -Schacht would be willing to risk war for the sake of new territory -in Europe. I refer the Tribunal to Document EC-461, consisting -of excerpts from Ambassador Dodd’s diary.</p> - -<p class='pindent'>THE PRESIDENT: The proposal contained in Document L-111 -was for cession of colonies, was it not?</p> - -<p class='pindent'>LT. BRYSON: It was, Sir.</p> - -<p class='pindent'>I turn now to Document EC-461, consisting of excerpts from -Ambassador Dodd’s diary. The entire diary has previously been -received in evidence as Exhibit Number USA-58. I quote some -notes on a conversation with Schacht on 21 December 1937, -beginning near the bottom of the second page of Document EC-461, -in the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Schacht meant what the army chiefs of 1914 meant when -they invaded Belgium, expecting to conquer France in -6 weeks; that is, domination and annexation of neighboring -little countries, especially north and east. Much as he dislikes -Hitler’s dictatorship, he, like most other eminent Germans, -wishes annexation without war if possible; with war if the -United States will keep hands off.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: There is another passage in that book, that -diary. I am not sure; it probably is not the same date, but it is -on the first page of the exhibit, I think—the third paragraph.</p> - -<p class='pindent'>LT. BRYSON: The third paragraph.</p> - -<p class='pindent'>THE PRESIDENT: Is it at a different time?</p> - -<p class='pindent'>LT. BRYSON: It is a different time, Sir.</p> - -<p class='pindent'>THE PRESIDENT: September the 19th of what year? -<span class='pageno' title='136' id='Page_136'></span></p> - -<p class='pindent'>LT. BRYSON: We will check that in the complete volume here, -and I think in a minute I will be able to supply the date. In the -meantime would you like me to read it, Sir?</p> - -<p class='pindent'>THE PRESIDENT: Yes, I think you had better read it.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. BRYSON: “He then acknowledged that the Hitler Party -is absolutely committed to war; and the people, too, are -ready and willing. Only a few government officials are aware -of the dangers and are opposed. He concluded, ‘But we shall -postpone it 10 years. Then it may be we can avoid war.’ ”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Well, I think you should read the next -paragraph, too.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. BRYSON: “I reminded him of his Bad Eilsen speech -some 2 weeks ago and said, ‘I agree with you about commercial -and financial matters in the main. But why do you -not, when you speak before the public, tell the German -people they must abandon a war attitude?’ He replied, ‘I -dare not say that. I can speak only on my special subjects.’ ”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: And the next one.</p> - -<p class='pindent'>LT. BRYSON: And the next one:</p> - -<div class='blockquote'> - -<p class='noindent'>“How, then, can German people ever learn the real dangers -of war, if nobody ever presents that side of the question? -He once more emphasized his opposition to war and added -that he had used his influence with Hitler—‘a very great -man’, he interjected—to prevent war. I said, ‘The German -papers printed what I said at Bremen about commercial -relations between our countries, but not a word about the -terrible effects and barbarism of war.’ He acknowledged that -and talked very disapprovingly of the Propaganda Ministry -which suppresses everything it dislikes. He added, as I was -leaving ‘You know a party comes into office by propaganda -and then cannot disavow it or stop it.’ ”</p> - -</div> - -<p class='noindent'>The date of his conversation was in September 1934.</p> - -<p class='pindent'>THE PRESIDENT: It is a pity that those years are not stated -in the document. It is rather misleading as it is.</p> - -<p class='pindent'>LT. BRYSON: If the Court please, the exhibit which is in -evidence will show the dates.</p> - -<p class='pindent'>THE PRESIDENT: Yes, I am not blaming you; but it is -misleading, because it looks like September the 19th and December -the 21st, and as there were 3 years’ interval between, it makes a -difference. That is right, isn’t it?</p> - -<p class='pindent'>LT. BRYSON: Yes, that is right. I am sorry the excerpt simply -shows the page numbers from the exhibit, and not the dates. -<span class='pageno' title='137' id='Page_137'></span></p> - -<p class='pindent'>Schacht admittedly strained all the resources of Germany to -build up a Wehrmacht which would provide Hitler with an -instrument of realization of his desire for Lebensraum. In this -connection I offer in evidence Document Number EC-369, Exhibit -Number USA-631, consisting of a memorandum from the Reichsbank -Directorate, signed by Schacht, to Hitler, dated 7 January -1939. I wish to read the last paragraph of the first page:</p> - -<div class='blockquote'> - -<p class='noindent'>“From the beginning the Reichsbank has been aware of the -fact that a successful foreign policy can be attained only by -the reconstruction of the German Armed Forces. It—the -Reichsbank—therefore assumed to a very great extent the -responsibility of financing the rearmament in spite of the -inherent dangers to the currency. The justification thereof -was the necessity, which pushed all other considerations into -the background, to carry through the armament at once, out -of nothing and furthermore under camouflage, which made -a respect-commanding foreign policy possible.”</p> - -</div> - -<p class='pindent'>It is clear that the “successful foreign policy” which Schacht -thus attributed to rearmament included the Austrian and Czechoslovakian -acquisitions. I offer in evidence Document EC-297(a), -Exhibit Number USA-632, being a speech of Schacht’s in Vienna -after the Anschluss in March 1938. I quote from the third page -and the second full paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Thank God, these things could not after all hinder the great -German people on their way, for Adolf Hitler has created a -communion of German will and German thought. He -bolstered it with the newly strengthened Wehrmacht and -finally gave the external form to the internal union between -Germany and Austria.”</p> - -</div> - -<p class='pindent'>With respect to the Sudetenland I refer the Tribunal to Document -EC-611, already in evidence as Exhibit Number USA-622, being -a speech by Schacht; EC-611—but I will not read it, Sir—being -a speech by Schacht on 29 November 1938, shortly after the -Munich settlement. I have earlier read the pertinent remark attributing -Hitler’s success at that conference to the rearmament made -possible by Schacht’s financial and economic measures.</p> - -<p class='pindent'>This line of proof shows that Schacht entertained an aggressive -philosophy with respect to territorial expansion and justifies the -conclusion that he allied himself with Hitler because of their -common viewpoint.</p> - -<p class='pindent'>We turn now to prove that, whether or not Schacht wanted war, -he at least knew Hitler planned military aggression for which -he was creating the means. He had numerous discussions with -Hitler from 1933 to 1937. He knew that Hitler was intent upon -expansion to the east, which would mean war, and that Hitler felt -<span class='pageno' title='138' id='Page_138'></span> -he must present the German people with a military victory. I offer -in evidence Exhibit Number USA-633 (Document 3727-PS), consisting -of an excerpt from a pre-trial interrogation of Schacht on -13 October 1945, and I read from the second page at the end of -the second question:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘What was there in what he’ ”—meaning Hitler—“ ‘said -that led you to believe he was intending to move towards -the east?’</p> -<hr class='tbk234'/> -<p class='noindent'>“A: ‘That is in <span class='it'>Mein Kampf</span>. He never spoke to me about -that, but it was in <span class='it'>Mein Kampf</span>.’</p> -<hr class='tbk235'/> -<p class='noindent'>“Q: ‘In other words, as a man who read it, you understood -that Hitler’s expansion policy was directed to the east?’</p> -<hr class='tbk236'/> -<p class='noindent'>“A: ‘To the east.’</p> -<hr class='tbk237'/> -<p class='noindent'>“Q: ‘And you thought that it would be better to try to divert -Hitler from any such intention and to urge upon him a -colonial policy instead?’</p> -<hr class='tbk238'/> -<p class='noindent'>“A: ‘Quite.’ ”</p> - -</div> - -<p class='pindent'>I also offer in evidence Document EC-458, Exhibit Number -USA-634, consisting of an affidavit of Major Edmund Tilley under -date of 21 November 1945, with respect to an interview of Schacht -on 9 July 1945. I read the second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the course of the discussion Schacht stated to me that -he had had numerous talks with Hitler from 1933 to 1937. -Schacht stated that from these talks he had formed the -impression that in order to make his hold and government -secure, the Führer felt that he must present the German -people with a military victory.”</p> - -</div> - -<p class='pindent'>As early as 1934, Schacht stated his belief that the Nazis would -bring war to Europe. I refer the Tribunal to Document EC-451, -which I have already submitted in evidence as Exhibit Number -USA-626, consisting of an affidavit under date of 15 November -1945 by Messersmith, American Consul General in Berlin, 1930 to -1934. I wish to read from the first page, third paragraph, last -sentence.</p> - -<p class='pindent'>THE PRESIDENT: You have read it already.</p> - -<p class='pindent'>LT. BRYSON: If the Court please, there is a little more there -which we have not read, which I should like to read.</p> - -<p class='pindent'>THE PRESIDENT: You read the whole paragraph. At our invitation -you read from the third paragraph down to the bottom of -the page.</p> - -<p class='pindent'>LT. BRYSON: I should like to read the first sentence of the -fourth paragraph on Page 1. -<span class='pageno' title='139' id='Page_139'></span></p> - -<p class='pindent'>THE PRESIDENT: All right.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. BRYSON: “While making these protestations he nevertheless -showed by his acts that he was thoroughly an -instrument of the whole Nazi program and ambitions and -that he was lending all his extraordinary knowledge and -resourcefulness toward the accomplishment of that program.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Lieutenant Bryson, speaking for myself -and for some other members of the Tribunal, we think it is a far -better way to deal with a document, to deal with it, if possible, -once and for all, and not to be coming back to it. It not only -wastes time by the fact that the Tribunal have got to turn back -and forth, back and forth, to the document; but you get a much -fairer idea of the document if it is dealt with once and for all, -although it may cover more than one subject. I say that although -it may be impossible for you to do that now in consonance with -the preparations that you have made; but those who follow you -may be able to alter their course. If it is possible, when you get -a document with a variety or a number of paragraphs in it which -you want to quote, you should quote them all at the same time. -Do you follow what I mean?</p> - -<p class='pindent'>LT. BRYSON: I follow you, Your Honor. We have so organized -our materials that we have directed our evidence to specific points, -and since the points are separated, we had to separate our -quotations.</p> - -<p class='pindent'>THE PRESIDENT: I realize that it may be difficult for you.</p> - -<p class='pindent'>LT. BRYSON: In September of 1934 Ambassador Dodd made -a record in his diary of a conversation with Sir Eric Phipps at the -British Embassy in Berlin. If the Court please, I will pass over -this document, because in response to a question from the Tribunal, -I read an excerpt from the document which covers the same point -that I was about to direct myself toward.</p> - -<p class='pindent'>I had just pointed out that Schacht has acknowledged to -Ambassador Dodd in September 1934 his knowledge of the war -purposes of the Nazi Party; and we had already shown that in -1935 Schacht had stated that Germany would, if necessary, acquire -colonies by force. He must then have known to what length -Hitler was prepared to go.</p> - -<p class='pindent'>After attending a meeting of the Reich ministers on 27 May -1936 in Berlin, Schacht must have known that Hitler was contemplating -war. Your Honors may recall, as has been earlier -shown, that at this meeting the Defendant Göring, who was very -close to Hitler, stated that all measures are to be considered from -the standpoint of an assured waging of war and that waiting for -<span class='pageno' title='140' id='Page_140'></span> -new methods is no longer appropriate. I refer the Tribunal to -Document 1301-PS, from which I will not read, as the quotation -is already in evidence in Exhibit Number USA-123.</p> - -<p class='pindent'>On 31 August 1936 the War Minister, Von Blomberg, sent to -Schacht a copy of Von Blomberg’s letter to the Defendant Göring. I -refer the Tribunal again to 1301-PS, previously submitted in evidence -as Exhibit Number USA-123, and read from the middle of Page -19 of the document. The page numbers, if the Court please, on -this document are found in the upper lefthand corner:</p> - -<div class='blockquote'> - -<p class='noindent'>“According to an order of the Führer the setting up of all -Air Force units is to be completed on 1 April 1937. Therefore -considerable expenditures have to be made in 1936, -which at the time when the budget for 1936 was made were -planned for later years only.”</p> - -</div> - -<p class='pindent'>This intensification of the air force program certainly revealed -to Schacht the closeness to war which Hitler must have felt.</p> - -<p class='pindent'>I also offer in evidence Document EC-416, Exhibit USA-635, -consisting of minutes of the Cabinet meeting of 4 September 1936 -which Schacht attended. I read the statement by Göring found -at the top of Page 2 of this document:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer and Reichskanzler has given a memorandum -to the Colonel General and the Reich War Minister which -represents a general instruction for the execution of this -task.</p> -<hr class='tbk239'/> -<p class='noindent'>“It starts from the basic thought that the show-down with -Russia is inevitable.”</p> - -</div> - -<p class='pindent'>Schacht thus knew that Hitler expected war with Russia. He -also knew of Hitler’s ambitions towards the east. It must have been -plain to him, therefore, that such a war would result from Russian -opposition to German military expansion in that direction; that -is, Schacht must have known that it would be a war of German -aggression.</p> - -<p class='pindent'>In January 1937, the Tribunal will recall, Schacht stated to -Ambassador Davies in Berlin that he had “been authorized by his -government” to submit certain proposals to France and England -which, in fact, amounted to a bid for colonies under threat of -war. If Schacht was acting under instructions from Hitler, he was -necessarily familiar with Hitler’s aggressive intentions at that -time.</p> - -<p class='pindent'>In November of 1937 Schacht knew Hitler was determined to -acquire Austria and at least autonomy for the Germans of -Bohemia and that Hitler also had designs on the Polish Corridor. -I refer the Tribunal to Document L-151, already in evidence as -<span class='pageno' title='141' id='Page_141'></span> -Exhibit Number USA-70, this being a letter containing a memorandum -of a conversation between Schacht and Ambassador Bullitt, -dated 23 November 1937. I quote the last paragraph on Page 2:</p> - -<div class='blockquote'> - -<p class='noindent'>“Hitler was determined to have Austria eventually attached -to Germany and to obtain at least autonomy for the Germans -of Bohemia. At the present moment he was not vitally -concerned about the Polish Corridor, and in his”—Schacht’s—“opinion -it might be possible to maintain the Corridor, -provided Danzig were permitted to join East Prussia and -provided some sort of a bridge could be built across the -Corridor uniting Danzig and East Prussia with Germany.”</p> - -</div> - -<p class='pindent'>To digress for just a moment, Schacht here was really speaking -for himself as well as for Hitler. We have seen from his speech -of 29 March 1938 in Vienna his enthusiasm for the Anschluss after -the event. He was even working hard for its achievement. In -this connection I refer the Tribunal to Pages 506 and 507 of the -transcript (Volume II, Page 373) for evidence of Schacht’s having -subsidized the Nazis’ preliminary agitation in Austria.</p> - -<p class='pindent'>In addition to the foregoing direct evidence, the Tribunal is -asked to take into consideration the fact that to such a man as -Schacht the events of the period certainly bespoke Hitler’s -intention. Schacht was a close collaborator of Hitler and a member -of the Cabinet during the period of the Nazi agitation in Austria, -the introduction of conscription, the march into the Rhineland, the -overthrow of the Republican Government in Spain, the ultimate -conquest of Austria, and the acquisition of the Sudetenland by a -show of force. During this period the Reich’s debt tripled under -the stress of mounting armaments, the expenditures from -750,000,000 Reichsmarks in 1932 to 11,000,000,000 Reichsmarks in -1937, and 14,000,000,000 Reichsmarks in 1938. During the entire -period 35,000,000,000 Reichsmarks were spent on armaments. It -was a period in which the burning European foreign policy issue -was the satisfaction of Germany’s repeated demands for additional -territory. Hitler, committed to a policy of expansion, was taking -great risks in foreign policy and laying the greatest stress upon -utmost speed in preparation for war.</p> - -<p class='pindent'>Certainly, in this setting Schacht did not proceed in ignorance -of the fact that he was assisting Hitler and Germany along the -road toward armed aggression.</p> - -<p class='pindent'>We turn now to our last line of proof with respect to Schacht’s -loss of power in the Hitler regime. In November 1937, Schacht -resigned his offices as Minister of Economics and General Plenipotentiary -for the War Economy. At that time he accepted -appointment as Minister without Portfolio and he also continued -as President of the Reichsbank. -<span class='pageno' title='142' id='Page_142'></span></p> - -<p class='pindent'>Our evidence will show: (a) This change in position was no -more than a clash between two power-seeking personalities, -Göring and Schacht, in which Göring, being closer to Hitler, won -out; (b) their policy differences were concerned only with the -method of rearming; and (c) Schacht’s loss of power in no sense -implies an unwillingness to assist armed aggression.</p> - -<p class='pindent'>There was an issue of policy between Göring and Schacht, but -it was concerned only with the method and not the desirability -of war preparations. Schacht emphasized foreign trade as a -necessary source of rearmament material during the transitory -period until Germany should be ready to strike. Göring was a -proponent of complete self-sufficiency. Hitler supported Göring; -and Schacht, his pride wounded and bitterly resenting Göring’s -intrusion in the economic field, finally stepped out.</p> - -<p class='pindent'>I refer the Tribunal to Document 1301-PS, previously submitted -in evidence as Exhibit Number USA-123, containing notes of a -conversation between Schacht and Thomas on 2 September 1936. -These are found on Page 21 of the document, from which I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“President Schacht called me to him at 1300 hours today and -requested me to forward the following to the Minister of -War: Schacht returned from the Führer with the greatest -anxiety, since he could not agree to the economic program -planned by the Führer.</p> -<hr class='tbk240'/> -<p class='noindent'>“The Führer wants to speak at the Party convention about -economic policy and wants to emphasize there that we now -want to get free from foreign countries with all our energy -by production in Germany.</p> -<hr class='tbk241'/> -<p class='noindent'>“Schacht requests urgently that the Reich Minister of War -warn the Führer from this step.”</p> - -</div> - -<p class='pindent'>And three paragraphs farther down:</p> - -<div class='blockquote'> - -<p class='noindent'>“If we now shout out abroad our decision to make ourselves -economically independent, then we cut our own throats, -because we can no longer survive the necessary transitory -period.”</p> - -</div> - -<p class='pindent'>Nevertheless, Hitler announced the Four Year Plan of self-sufficiency -a few days later in Nuremberg, and against Schacht’s wishes -Göring was named Plenipotentiary of the Four Year Plan.</p> - -<p class='pindent'>At this point I refer the Tribunal again to the interrogation of -Schacht on 16 October 1945, being Exhibit Number USA-636; and -I wish to read beginning near the bottom of Page 9 of the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘And the Four Year Plan came in when?’</p> -<hr class='tbk242'/> -<p class='noindent'>“A: ‘It was announced in September ’36, on the Party Day.’ -<span class='pageno' title='143' id='Page_143'></span></p> -<hr class='tbk243'/> -<p class='noindent'>“Q: ‘Do you say that from the time that the Four Year Plan -came in in September 1936, you were ready to rid yourself of -your economic duty?’</p> -<hr class='tbk244'/> -<p class='noindent'>“A: ‘No. At that time I thought that I might maintain my -position even against Göring.’</p> -<hr class='tbk245'/> -<p class='noindent'>“Q: ‘Yes, in what sense?’</p> -<hr class='tbk246'/> -<p class='noindent'>“A: ‘That he would not interfere with affairs which I had to -manage in my ministry.’</p> -<hr class='tbk247'/> -<p class='noindent'>“Q: ‘As a matter of fact, his appointment was not met with -favor by you?’</p> -<hr class='tbk248'/> -<p class='noindent'>“A: ‘I would not have ever appointed a man like Göring -who didn’t understand a bit about all these things.’ ”</p> - -</div> - -<p class='pindent'>Schacht and Göring immediately became embroiled in a conflict -of jurisdiction. On 26 November 1936 Göring issued a directive -regarding raw and synthetic material production. I offer in evidence -Document EC-243, Exhibit Number USA-637, consisting of a copy -of this directive. It shows that Göring’s Office for Raw and Synthetic -Materials pre-empted control over large economic areas -previously in the hands of Schacht. As an example, I will quote -from Paragraph V of the directive on Page 4 of the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“The planning and determination of objectives, as well as -the control over the execution of the tasks which must be -accomplished within the framework of the Four Year Plan, -are the responsibility of the Office for German Raw and -Synthetic Materials, which supersedes the authorities which -have heretofore been in charge of these tasks.”</p> - -</div> - -<p class='pindent'>On 11 December 1936 Schacht found it necessary to order all -supervisory offices in the Ministry of Economics to accept instructions -from him alone. I offer in evidence Document EC-376, Exhibit -Number USA-638, consisting of a circular letter from Schacht to -all supervisory offices under date of 11 December 1936, and I quote -from the second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The supervisory offices are obliged to accept instructions -from me alone. They must answer all official inquiries for -any information of the Office for German Raw and Synthetic -Materials in order to give any information at any time to -the fullest extent.”</p> - -</div> - -<p class='noindent'>And a little further down:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . I herewith authorize the supervisory offices to take the -necessary measures for themselves. In case doubts should -result from requests of the above offices and these doubts -cannot be cleared by oral negotiations with the experts of -these offices, I should be informed immediately. I will then -order in each case the necessary steps to be taken.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='144' id='Page_144'></span></p> - -<p class='pindent'>The military sided with Schacht, who had rearmed them so -well. I offer in evidence Document EC-420, Exhibit Number USA-639, -consisting of a draft of a memorandum by the Military Economic -Staff, dated 19 December 1936. I wish to read from Paragraph 1:</p> - -<div class='blockquote'> - -<p class='noindent'>“(1) The direction of war economy in the civilian sector in -case of war can be handled only by the person who in -peacetime has borne the sole responsibility for the preparations -for war.</p> -<hr class='tbk249'/> -<p class='noindent'>“Upon recognizing this fact a year and a half ago Reichsbank -President Dr. Schacht was appointed Plenipotentiary -General for War Economy and an operations staff was attached -to his office.”</p> - -</div> - -<p class='pindent'>And then Paragraph Number 2:</p> - -<div class='blockquote'> - -<p class='noindent'>“(2) The Military Economy Staff does not deem it compatible -with the principle laid down in Number 1, Paragraph 1, if -the Plenipotentiary General for War Economy is now placed -under the Minister President General Göring’s command.”</p> - -</div> - -<p class='pindent'>In January 1937 the <span class='it'>Military Weekly Gazette</span> published an -article warmly praising Schacht’s achievements in rearmament. -Without reading it I offer in evidence Document EC-383, Exhibit -Number USA-640, containing this article, a pertinent quotation from -which already appears in the transcript for 23 November at Page 296 -(Volume II, Page 233).</p> - -<p class='pindent'>Shortly thereafter Schacht attempted to force a show-down with -Göring by temporarily refusing to act in his capacity as Plenipotentiary. -I offer in evidence Document EC-244, Exhibit Number -641, consisting of a letter from Von Blomberg, the Minister of -War, to Hitler under date of February 22, 1937. I read the second -paragraph of this letter as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The President of the Reichsbank, Dr. Schacht, has notified -me that he is not acting in his capacity as Plenipotentiary -for the time being, since in his opinion there exist discrepancies -regarding the powers conferred upon him and those of -Colonel General Göring. Because of this the preparatory -mobilization steps in the economic field are delayed.”</p> - -</div> - -<p class='pindent'>Schacht obviously was using his importance to the war preparations -as a lever.</p> - -<p class='pindent'>THE PRESIDENT: Lieutenant Bryson, does the Defendant -Schacht admit in his interrogation that the reason for his giving up -his office was the difference of opinion between him and the -Defendant Göring?</p> - -<p class='pindent'>LT. BRYSON: He does, Sir, and the Defendant Göring so -states in his interrogation. -<span class='pageno' title='145' id='Page_145'></span></p> - -<p class='pindent'>THE PRESIDENT: Is it necessary to go into the details of their -quarrel?</p> - -<p class='pindent'>LT. BRYSON: If the Court will be satisfied that this was the -cause of Schacht’s resignation. . .</p> - -<p class='pindent'>THE PRESIDENT: If they both say so. . .</p> - -<p class='pindent'>LT. BRYSON: . . . and that the cause was not his unwillingness -to go along with the aggressive intentions of the Nazis at that time, -I shall be perfectly satisfied to confine our evidence to the interrogations -of Schacht and Göring.</p> - -<p class='pindent'>THE PRESIDENT: Does he suggest that in his interrogation?—that -that might have been the reason?</p> - -<p class='pindent'>LT. BRYSON: I will find out, Sir, but our case against Schacht -is premised upon conspiracy.</p> - -<p class='pindent'>THE PRESIDENT: If the Defendant Schacht wants to set up -such a case as that, you could apply to be heard in rebuttal.</p> - -<p class='pindent'>LT. BRYSON: Well, we shall be satisfied then to eliminate a -number of our items of evidence, including the controversy between -Göring and Schacht, and satisfy ourselves with the interrogations.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>LT. BRYSON: If the Court please, we are almost at the time -of the break. Perhaps during the break we can arrange our evidence.</p> - -<p class='pindent'>THE PRESIDENT: Yes, we will adjourn now for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>PROFESSOR DR. HERBERT KRAUS (Counsel for Defendant -Schacht): We agree that the question of the disagreement between -the Defendants Göring and Schacht need not be discussed further -at this time. But we shall come back to and deal in detail with the -question as to how far these disagreements had any bearing on the -plan for an aggressive war.</p> - -<p class='pindent'>LT. BRYSON: If the Tribunal please, we have eliminated part -of our proof. I would simply like to put in a letter from Göring and -an interrogation of Schacht which will finish up the question of the -disagreement.</p> - -<p class='pindent'>Under date of 5 August 1937 Schacht wrote a critical letter to -Göring, who replied with a 24-page letter on 22 August 1937. -Göring’s letter reviews their many differences in detail. I offer it -as Document EC-493, Exhibit Number USA-642, and I wish to read -simply one statement found in the middle of Page 13:</p> - -<div class='blockquote'> - -<p class='noindent'>“In conclusion I should like to refer to remarks which you -made in a paragraph of your letter entitled ‘The Four -<span class='pageno' title='146' id='Page_146'></span> -Year Plan’ about your general attitude toward my work in -regard to the economic policy. I know and I am pleased -that at the beginning of the Four Year Plan you promised -me your most loyal support and co-operation and that you -repeatedly renewed this promise even after the first differences -of opinion had occurred and had been removed in -exhaustive discussions. I deplore all the more having the -impression recently, which is confirmed by your letter, that -you are increasingly antagonistic toward my work in the -Four Year Plan. This explains the fact that our collaboration -has gradually become less close. . . .”</p> - -</div> - -<p class='pindent'>Schacht and Göring were reconciled by written agreement on -7 July 1937 but subsequently again fell into disagreement, and -Hitler finally accepted Schacht’s resignation as Minister of Economics -on 26 November 1937, simultaneously appointing him -Minister without Portfolio, and later Schacht’s resignation was -extended to his position as Plenipotentiary for War Economy. -Without reading it, I offer in evidence Document EC-494, Exhibit -Number USA-643, as proof of this fact.</p> - -<p class='pindent'>Now, finally, I wish to refer the Tribunal to the interrogation -of Schacht, under date of 16 October 1945, Document 3728-PS, -Exhibit Number USA-636, and I wish to read from Page 12 of the -document near the bottom:</p> - -<div class='blockquote'> - -<p class='noindent'>“A: ‘It may amuse you if I tell you that the last conversation’ ”—this -is Schacht speaking—“ ‘that I had with Göring -on these topics was in November 1937, when Luther for 2 -months had endeavored to unite Göring and myself and -to induce me to co-operate further with Göring and maintain -my position as Minister of Economics. Then I had a last talk -with Göring; and at the end of this talk Göring said, “But -I must have the right to give orders to you.” Then I said, -“Not to me, but to my successor.” I have never taken orders -from Göring; and I would never have done it because he -was a fool in economics, and I knew something about it, -at least.’</p> -<hr class='tbk250'/> -<p class='noindent'>“Q: ‘Well, I gather that was a culminating, progressive -personal business between you and Göring. That seems -perfectly obvious.’</p> -<hr class='tbk251'/> -<p class='noindent'>“A: ‘Certainly.’ ”</p> - -</div> - -<p class='pindent'>In all this abundant and consistent evidence there is not the -slightest suggestion that Schacht’s withdrawal from these two posts -represented a break with Hitler on the ground of contemplated -military aggression. Indeed, Hitler was gratified that Schacht would -still be active in the Government as President of the Reichsbank -<span class='pageno' title='147' id='Page_147'></span> -and as Minister without Portfolio. I offer in evidence Document -L-104, Exhibit Number USA-644, consisting of a letter to the -United States Secretary of State from Ambassador Dodd, under -date of 29 November 1937, enclosing a translation of Hitler’s letter -of 26 November 1937 to Schacht. I quote the last two sentences of -Hitler’s letter, found on Page 2 of the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“If I accede to your wish it is with the expression of deepest -gratitude for your so excellent achievements and in the happy -consciousness that, as President of the Reichsbank Directorate -you will make available for the German people and me -for many years more your outstanding knowledge and ability -and your untiring energy. Delighted at the fact that in the -future, also, you are willing to be my personal adviser, I -appoint you as of today a Reich Minister.”</p> - -</div> - -<p class='pindent'>Schacht did continue, obviously still in full agreement with -Hitler’s aggressive purpose. He was still President of the Reichsbank -at the time of the taking of Austria in March 1938. In fact, -the Reichsbank took over the Austrian National Bank. On this -point I refer the Tribunal to <span class='it'>Reichsgesetzblatt</span> 1938, Part I, Page -254, and ask that judicial notice be taken thereof. Further, Schacht -even participated in the planning of the absorption of Austria. In -this connection I introduce into evidence Document EC-421, Exhibit -Number USA-645, consisting of excerpts from minutes of a meeting -of the staff of General Thomas on 11 March 1938 at 1500 hours. -I quote therefrom as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Lieutenant Colonel Hünerm reads directive of the Führer -of 11 March concerning the ‘Action Otto’ and informs us -that ‘The Economy War Service Law’ has been put in force. -He then reads Directives 1 and 2 and gives special orders to -troops for crossing the Austrian borders. According to that, -at Schacht’s suggestion, no requisitions should be made but -everything ought to be paid for at the rate of 2 schillings -to 1 Reichsmark.”</p> - -</div> - -<p class='pindent'>On the conversion of the Austrian schilling the Tribunal is -asked also to take judicial notice of <span class='it'>Reichsgesetzblatt</span> 1938, Part I, -Page 405.</p> - -<p class='pindent'>The Tribunal, of course, is already familiar with the public -approval by Schacht of the Anschluss in his Vienna speech of -21 March 1938, and Your Honors will also recall Schacht’s pride -in Hitler’s use of the rearmed Wehrmacht at Munich, as expressed -in his speech of 29 November 1938. Both speeches were subsequent -to his resignation in November 1937.</p> - -<p class='pindent'>We come now to the removal of Schacht from the presidency -of the Reichsbank in January 1939. The reason for this development -is quite clear. Schacht lost confidence in the credit capacity -<span class='pageno' title='148' id='Page_148'></span> -of the Reich and was paralyzed, with the fear of a financial collapse. -He felt that the maximum level of production had been -reached, so that an increase in banknote circulation would only -cheapen money and bring on inflation. In this attitude he ceased -to be useful to Hitler, who was about to strike and wished to tap -every ounce of available Government credit for military purposes.</p> - -<p class='pindent'>I refer the Tribunal to Document EC-369, which I have previously -submitted in evidence as Exhibit Number USA-631. This document -is a memorandum from the Reichsbank directorate to Hitler, -under date of 7 January 1939, in which Schacht reviews in detail -his fears of inflation. The seriousness of the situation may be -seen generally from the entire text. I wish to quote several of -the more crucial statements, one from the last paragraph on -Page 3, the second sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“We are, however, faced with the fact that approximately -3 billion Reichsmark of such drafts cannot now be paid, -though they will be due in 1939.”</p> - -</div> - -<p class='pindent'>I quote from the upper half of Page 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“Exclusive of the Reichsbank there are approximately 6 -billion Reichsmark mefo drafts which can be discounted -against cash payment at any time at the Reichsbank, which -fact represents a continuous danger to the currency.”</p> - -</div> - -<p class='pindent'>And I quote finally from the concluding paragraph of the -memorandum:</p> - -<div class='blockquote'> - -<p class='noindent'>“We are convinced that the effects on the currency caused -by the policy of the last 10 months can be mended and that -the danger of inflation again can be eliminated by strict -maintenance of a balanced budget. The Führer and Reich -Chancellor himself has publicly rejected, again and again, an -inflation as foolish and fruitless.</p> -<hr class='tbk252'/> -<p class='noindent'>“We therefore ask for the following measures:</p> -<hr class='tbk253'/> -<p class='noindent'>“(1) The Reich as well as all the other public offices must -not incur expenditures or assume guaranties and obligations -that cannot be covered by taxes or by those funds which -can be raised through loans without disturbing the long-term -investment market.</p> -<hr class='tbk254'/> -<p class='noindent'>“(2) In order to carry out these measures effectively, full -financial control over all public expenditures must be restored -to the Reich Minister of Finance.</p> -<hr class='tbk255'/> -<p class='noindent'>“(3) The price and wage control must be rendered effective. -The existing mismanagement must be eliminated.</p> -<hr class='tbk256'/> -<p class='noindent'>“(4) The use of the money and investment market must be -at the sole discretion of the Reichsbank.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='149' id='Page_149'></span></p> - -<p class='pindent'>It is clear that Schacht’s fear was genuine and is a complete -explanation for his departure from the scene. He had good reason -to be afraid. In fact, the Finance Minister had already recognized -the situation in September 1938. I refer the Tribunal to Document -EC-419, Exhibit Number USA-621, which I have already -submitted in evidence and which consists of a letter under date -of 1 September 1938 from Krosigk to Hitler, in which Krosigk -warns of an impending financial crisis. I quote from the bottom -of Page 2.</p> - -<p class='pindent'>THE PRESIDENT: Is that not really cumulative of what you -have already read?</p> - -<p class='pindent'>LT. BRYSON: We will be glad to skip it, Sir. It is cumulative.</p> - -<p class='pindent'>Schacht was not only afraid of a financial crisis, but he was -afraid that he personally would be held responsible for it. I offer -in evidence an affidavit of Emil Puhl, a director of the Reichsbank -and co-worker of Schacht, dated 8 November 1945, designated as -Document EC-438, Exhibit Number USA-646, and I read therefrom, -beginning at the bottom of the second page:</p> - -<div class='blockquote'> - -<p class='noindent'>“When Schacht saw that the risky situation which he had -sponsored was becoming insoluble, he was more and more -eager to get out. This desire to get out of a bad situation -was for a long time the ‘Leitmotiv’ of Schacht’s conversation -with the directors of the bank.”</p> - -</div> - -<p class='pindent'>In the end Schacht escaped by deliberately stimulating his dismissal -from the Presidency of the Reichsbank. I offer in evidence -Document 3731-PS, Exhibit Number USA-647, consisting of excerpts -from an interrogation of Von Krosigk under date of 24 September -1945, and I wish to read several statements beginning at the very -bottom of the second page:</p> - -<div class='blockquote'> - -<p class='noindent'>“I asked Mr. Schacht to finance for the Reich for the ultimo -of the month the sum of 100 or 200 millions. It was this -quite customary procedure which we had used for years, and -we used to give back this money after a couple of days. -Schacht this time refused and said that he was not willing to -finance a penny because he wanted, as he said, that it should -be made clear to Hitler that the Reich was bankrupt. I tried -to explain that this was not the proper ground to discuss the -whole question of financing because the question of financing -very small sums for a few days during ultimo never would -bring Hitler to the conviction that the whole financing was -impossible. As far as I remember now, it was Funk who -told Hitler something about this conversation; then Hitler -asked Schacht to call upon him. I do not know what they -said but the result certainly was the dismissal of Schacht.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='150' id='Page_150'></span></p> - -<p class='pindent'>THE PRESIDENT: Just give me the reference again to that -document that you were reading from.</p> - -<p class='pindent'>LT. BRYSON: This is the interrogation of Von Krosigk under -date of 24 September 1945. I wish to read further, continuing on -Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Now did Schacht ever say anything to you to the effect -that he wanted to resign because he was in opposition to the -continuance of the rearmament program?’</p> -<hr class='tbk257'/> -<p class='noindent'>“A: ‘No, he never said it in this specific form, but in some -conversations he certainly spoke about it several times in his -own way when he had encounters with Göring . . . therefore -I did not take these things very seriously.’</p> -<hr class='tbk258'/> -<p class='noindent'>“Q: ‘Well, let me put it this way, and please think carefully -about this. Did Schacht ever say that he wanted to resign -because he realized that the extent of the rearmament program -was such as to lead him to the conclusion that it was in -preparation for war rather than for defense?’</p> -<hr class='tbk259'/> -<p class='noindent'>“A: ‘No, he never did.’</p> -<hr class='tbk260'/> -<p class='noindent'>“Q: ‘Was Schacht ever quoted to you to this effect by any -of your colleagues or by anybody else?’</p> -<hr class='tbk261'/> -<p class='noindent'>“A: ‘No.’</p> -<hr class='tbk262'/> -<p class='noindent'>“Q: ‘Now, after Keitel took over the position of Chief of -the Wehrmacht were there still meetings between Schacht -and yourself with Keitel in place of Blomberg?’</p> -<hr class='tbk263'/> -<p class='noindent'>“A: ‘Yes.’</p> -<hr class='tbk264'/> -<p class='noindent'>“Q: ‘Did Schacht ever say anything at these meetings to indicate -that except for the technical question of the financing -through the Reichsbank directly he was opposed to a further -program of rearmament or opposed to the budget of the -Wehrmacht?’</p> -<hr class='tbk265'/> -<p class='noindent'>“A: ‘No, I do not think he ever did.’ ”</p> - -</div> - -<p class='pindent'>The Defendant Göring has also confirmed this testimony. I -refer the Tribunal to the interrogation of Göring under date of -17 October 1945, this being Document 3730-PS, Exhibit Number -USA-648. I read from the interrogation of Göring on 17 October -1945, from the lower half of the third page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘I want to ask you this specifically. Was Schacht dismissed -from the Reichsbank by Hitler for refusing to participate -any further in the rearmament program?'</p> -<hr class='tbk266'/> -<p class='noindent'>“A: ‘No, because of his utterly impossible attitude in this -matter regarding this advance, which had no connection with -the rearmament program.’ ”</p> - -</div> - -<p class='pindent'><span class='pageno' title='151' id='Page_151'></span></p> - -<p class='pindent'>Hitler dismissed Schacht from the Reichsbank on 20 January -1939. Without reading, I offer in evidence Document EC-398, Exhibit -Number USA-649, consisting merely of a brief note from -Hitler to Schacht announcing his dismissal.</p> - -<p class='pindent'>From all of the foregoing it is clear that Schacht’s dismissal in -no sense reflected a parting of the ways with Hitler on account of -proposed aggression. This fact may also be seen from Document -EC-397, Exhibit Number USA-650, consisting of Hitler’s letter to -Schacht under date of 19 January 1939, the text of which I wish to -read:</p> - -<div class='blockquote'> - -<p class='noindent'>“At the occasion of your recall from office as President of -the Reichsbank Directorate I take the opportunity of expressing -to you my most sincere and warmest gratitude for the -services which you have rendered repeatedly to Germany -and to me personally in this capacity during long and difficult -years. Your name, above all, will always be connected with -the first epoch of the national rearmament. I am happy to -be able to avail myself of your services for the solution of -new tasks in your position as Reich Minister.”</p> - -</div> - -<p class='pindent'>In fact, Schacht continued as Minister without Portfolio until -January 1943.</p> - -<p class='pindent'>I wish to conclude by saying that the evidence shows: First, -Schacht’s work was indispensable to Hitler’s rise to power and -to the rearmament of Germany; second, Schacht personally was -favorably disposed towards aggression and knew Hitler intended to -and would break the peace; and, third, Schacht retired from the -scene for reasons wholly unrelated to the imminence of illegal -aggression.</p> - -<p class='pindent'>As long as he remained in power, Schacht was working as -eagerly for the preparation of aggressive war as any of his -colleagues. He was beyond any doubt most effective and valuable -in this connection. His assistance in the earlier phase of the conspiracy -made their later crimes possible. His withdrawal from the -scene reflected no moral feeling against the use of aggressive -warfare as an instrument of national policy. He personally -struggled to retain his position. By the time he lost it he had -already completed his task in the conspiracy, namely, to provide -Hitler and his colleagues with the physical means and economic -planning necessary to launch and maintain the aggression. We do -not believe that, having prepared the Wehrmacht for assault upon -the world, he should now be permitted to find refuge in his loss -of power before the blow was struck.</p> - -<p class='pindent'>This concludes our case against the Defendant Schacht, and -Lieutenant Meltzer follows me with the presentation of the American -case against the Defendant Funk. -<span class='pageno' title='152' id='Page_152'></span></p> - -<p class='pindent'>LIEUTENANT (j. g.) BERNHARD D. MELTZER (Assistant -Trial Counsel for the United States): May it please the Tribunal, -the documents bearing upon Defendant Funk’s responsibility have -been assembled in a document book marked “HH,” which has been -filed with the Tribunal and has also been made available to Defense -Counsel. The same is true of the brief. The documents have been -arranged in the book in the order of their presentation. Moreover, -to facilitate reference, the pages of the document book have been -numbered consecutively in red. I wish to acknowledge the -invaluable collaboration of Mr. Sidney Jacoby, who sits to my right, -in the selection and analysis of these documents.</p> - -<p class='pindent'>We propose to submit evidence concerning five phases of Defendant -Funk’s participation in the conspiracy:</p> - -<p class='pindent'>First, his contribution to the Nazi seizure of power; second, his -role in the Propaganda Ministry and in the related agencies and -his responsibility for the activities of that ministry; third, his responsibility -for the unrelenting elimination of Jews, first from the -so-called cultural professions and then from the entire German -economy; fourth, his collaboration in the paramount Nazi task to -which all other tasks were subordinated—preparation for aggressive -war; and finally, we propose to mention briefly the evidence -concerning his active participation in the waging of aggressive war.</p> - -<p class='pindent'>We turn now to the evidence showing that Defendant Funk -actively promoted the conspirators’ accession to power and their -consolidation of control over Germany. Soon after he joined the -Nazi Party in 1931 Defendant Funk began to hold important positions, -first within the Party itself and then within the Nazi -Government. Funk’s positions have, in the main, been listed in -Document Number 3533-PS, which is a statement signed by both -Defendant Funk and his counsel. This document has been made -available in the four working languages of these proceedings, and -a copy in the appropriate language should be available in each of -Your Honors’ document books. It is accordingly requested that this -document, which is Exhibit Number USA-651, be received into -evidence without the necessity of its being read in its entirety.</p> - -<p class='pindent'>Your Honors will observe that there are some deletions and -reservations after some of the items listed in Document Number -3533-PS. These were inserted by Defendant Funk. The words which -he wished deleted are enclosed in parentheses. His comments are -underscored and followed by asterisks.</p> - -<p class='pindent'>We wished to avoid troubling the Tribunal with a detailed discussion -of all these contested points. Accordingly, we collected in -Document 3563-PS relevant excerpts from certain German publications. -This document has also been made available in the four -working languages. Moreover, we submit that the Tribunal can -<span class='pageno' title='153' id='Page_153'></span> -properly take judicial notice of the publications referred to in the -document. However, in order to facilitate reference, we request that -it be received in evidence as Exhibit Number USA-652.</p> - -<p class='pindent'>In connection with Item “b” on the top of Page 1 of Document -Number 3533-PS—Your Honors will find that on Page 1 of the -document—Your Honors will observe that Defendant Funk has in -effect denied that he was Hitler’s personal economic adviser in the -1930’s. However, the excerpts from the four German publications -set forth on Pages 1 and 2 of Document Number 3563-PS directly -contradict this denial.</p> - -<p class='pindent'>We submit that it will be clear from the documents just referred -to that Defendant Funk, soon after he joined the Party, began to -operate as one of the Nazi inner circle. Moreover, as a Party -economic theorist during its critical days in 1932, he made a significant -contribution to its drive for mass support by drafting its -economic slogans. In this connection I would refer to Document -3505-PS, which is a biography entitled, in the English translation, -<span class='it'>Walter Funk—A Life for Economy</span>. This biography was written -by one Oestreich in German and published by the Central Publishing -House of the Nazi Party. I offer this document in evidence as -Exhibit Number USA-653. I wish to quote now from Page 1 of the -translation of this document, the center of the page. The corresponding -page of the German document is Page 81:</p> - -<div class='blockquote'> - -<p class='noindent'>“In 1931 he”—that is, Funk—“became a member of the -Reichstag. A document of his activity at the time is the -‘Economic Construction Program of the NSDAP’ which was -formulated by him in the second half of the year 1932. It -received the approval of Adolf Hitler and was declared binding -for all Gau leaders, speakers on the subject, and Gau -advisers on the subject and others of the Party.”</p> - -</div> - -<p class='pindent'>Thus Defendant Funk’s slogans became the economic gospel for -the Party organizers and spellbinders.</p> - -<p class='pindent'>Defendant Funk, however, was much more than one of the Nazi -Party’s economic theorists; he was also involved in the highly -practical work of soliciting campaign contributions for the Party. -As liaison man between the Party and the large German industrialists -he helped place the industrialists’ financial and political -support behind Hitler. Defendant Funk, in an interrogation conducted -on 4 June 1945, admitted that he helped finance the highly -critical campaign of 1932. I offer in evidence Document Number -2828-PS as Exhibit Number USA-654, and I quote from the bottom -of Page 43. . .</p> - -<p class='pindent'>THE PRESIDENT: Lieutenant Meltzer, isn’t this really all -cumulative and detailed evidence to support what the Defendant -<span class='pageno' title='154' id='Page_154'></span> -Funk has already agreed with reference to his office? On Page 1 -you have there the admission that he was a member of the Nazi -Party, chief of the division of the Central Nazi Party, chairman of -the committee of the Nazi Party on economic policy, and then it -goes on from A to U with views of the various offices which he -held and which he admits, he held. But surely to go into the details -of those positions is unnecessary.</p> - -<p class='pindent'>LT. MELTZER: If Your Honor pleases, the admission of the -various positions listed do not, in our judgment, indicate in any -way Defendant Funk’s participation in the fund-raising for the -Nazi Party.</p> - -<p class='pindent'>THE PRESIDENT: The fund-raising?</p> - -<p class='pindent'>LT. MELTZER: The fund-raising. Now, it is a possible inference -from those positions that he did engage in the solicitation of -campaign contributions. However, it did seem to us relevant to -mention most briefly direct evidence of that aspect of his activity.</p> - -<p class='pindent'>THE PRESIDENT: Very well, if you say there is nothing in -these offices which covered the matter you are going to deal with; -well and good.</p> - -<p class='pindent'>LT. MELTZER: Defendant Funk, in an interrogation conducted -on 4 June 1945, admitted, as I said a minute ago, that he helped to -finance this highly critical campaign.</p> - -<p class='pindent'>THE PRESIDENT: You see, Lieutenant Meltzer, the heading -that you have so conveniently given to us is that he contributed to -the seizure of power. Well now, nearly every one of the headings -A to U on Page 1, which he admits, is evidence that he contributed -to seizure of power. Is it your object to propose that he also helped -to raise funds? The contribution to the seizure of power is not in -itself a crime; it is only a step.</p> - -<p class='pindent'>LT. MELTZER: Very well, Your Honor. There is one aspect, -however, of his activity in that regard which I should like to -mention; that is, in connection with his fund-raising activities, he -was present at a meeting in Berlin early in 1933.</p> - -<p class='pindent'>I am referring to the document which records what went on -in that meeting in order to point out that in the course of the -meeting Hitler and Göring submitted an exposition of certain basic -elements of the Nazi program. The reference to this meeting is -found in Document 2828-PS, which Your Honors will find on Page 28 -of the document book. I wish to quote the following question and -answer:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘About 1933, we have been informed, certain industrialists -attended a meeting in the home of Göring before the election -in March. Do you know anything about this?’ -<span class='pageno' title='155' id='Page_155'></span></p> -<hr class='tbk267'/> -<p class='noindent'>“A: ‘I was at the meeting. Money was not demanded by -Göring but by Schacht. Hitler left the room, then Schacht -made a speech asking for money for the election. I was there -as an impartial observer, since I was friendly with the -industrialists.’ ”</p> - -</div> - -<p class='pindent'>The character and importance of Funk’s work with the large -industrialists is emphasized in the biography of Funk, which I -referred to earlier, and I will simply invite Your Honors’ attention -to the relevant pages of that book, which are 83 and 84.</p> - -<p class='pindent'>THE PRESIDENT: I don’t understand why you read that -passage. If you wanted to show that he was at the meeting, it would -be merely sufficient to say that he was at the meeting. I don’t think -those two sentences that you read help us in the very least.</p> - -<p class='pindent'>LT. MELTZER: If the Tribunal please, those two sentences do -not refer to the meeting. Those two sentences refer to the biography -which sums up the Defendant Funk’s general contribution -to the Nazi accession to power and I thought it might be of interest -to the Tribunal to see the attitude of a German writer on this aspect -of the defendant’s career.</p> - -<p class='pindent'>THE PRESIDENT: It seems to me you referred to the meeting.</p> - -<p class='pindent'>LT. MELTZER: I was referring Your Honors to Pages 32 and 33 -of the document book, and to clarify this point may I read briefly -from the biography:</p> - -<div class='blockquote'> - -<p class='noindent'>“No less important than Funk’s accomplishments in the programmatic -field in the years 1931 and 1932 was his activity -at that time as the Führer’s liaison man to the leading men -of the German industry, trade, commerce, and finance. On the -basis of his past work his personal relations to the German -economic leaders were broad and far-reaching. He was now -able to enlist them in the service of Adolf Hitler and not only -to answer their questions authoritatively but to convince -them and win their backing for the Party. At that time that -was terribly important work; every success achieved meant -a moral, political, and economic strengthening of the vitality -of the Party and contributed toward destroying the prejudice -that National Socialism is merely a party of class hatred -and class struggle.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Again, I don’t see that that has helped the -Tribunal in the least.</p> - -<p class='pindent'>LT. MELTZER: After Funk had helped Hitler become Chancellor, -as Press Chief of the German Government, he participated in -the early Cabinet meetings, in the course of which the conspirators -<span class='pageno' title='156' id='Page_156'></span> -planned the strategy by which they would secure the passage -of the Presidential Emergency Decree, which was passed on 24 March -1933. Funk’s presence at these meetings is revealed by Document -2962-PS which has already been received in evidence and by Document -Number 2963-PS, offered as Exhibit Number USA-656. Your -Honors will recall that this decree marked the real seizure of -political power in Germany.</p> - -<p class='pindent'>Soon after this the Defendant Funk assumed an important role -in the Ministry of Propaganda. The record shows that the Ministry -became one of the most important and vicious of Nazi institutions -and that propaganda was fundamental to the achievement of the -Nazi program within Germany and outside of Germany. We do not -propose to review those matters to you but rather to present -evidence showing, as we have said, that the Defendant Funk took -a significant part in the propaganda operations.</p> - -<p class='pindent'>The Ministry was established on 13 March 1933, with Goebbels -as Chief and Defendant Funk as undersecretary, second in command.</p> - -<p class='pindent'>As undersecretary Defendant Funk was not only Goebbels’ chief -aide but was also the organizer of the large and complex propaganda -machine. I wish to offer in evidence Document Number -3501-PS, which will be found on Page 47 of your document book as -Exhibit Number USA-657. This document is an affidavit signed on -19 December 1945 by Max Amann, who held the position of Reich -Leader of the Press and President of the Reich Press Chamber. I -should like to read the second sentence of the first paragraph and -the entire second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“In carrying out my duties and responsibilities I became -familiar with the operation and the organization of the Reich -Ministry of Propaganda and Enlightenment. Funk was the -soul of the Ministry, and without him Goebbels could not -have built it up. Goebbels once stated to me that Funk was -his ‘most efficient man.’ Funk exercised comprehensive control -over all of the media of expression in Germany; over the -press, the theater, radio, and music. As Press Chief of the -Government and later as undersecretary of the Ministry, -Funk held daily meetings with the Führer and a daily press -conference in the course of which he issued the directives -governing the materials to be published by the German press.”</p> - -</div> - -<p class='pindent'>In addition to his position as undersecretary, Funk had many -other important jobs in the Propaganda Ministry and in its subordinate -agencies. These positions have already been listed in -Document 3533-PS. I wish, however, to refer in particular to Funk’s -position as vice-president of the Reich Chamber of Culture. This -<span class='pageno' title='157' id='Page_157'></span> -position was, of course, related to his functions in the Propaganda -Ministry.</p> - -<p class='pindent'>In his dual capacity he directly promoted two vital and related -Nazi policies. The first was the regimentation of all creative activities -in the interests of Nazi political and military objectives. The -second was the complete elimination of Jews and dissidents from -the so-called cultural professions. A full discussion of the methods -by which these policies were effectuated has been included in the -brief which was submitted as part of Document Book E. Accordingly, -we will not go into that matter now unless the Tribunal wishes us.</p> - -<p class='pindent'>In view of the Defendant Funk’s major role in the Propaganda -Ministry, it is natural to find Nazi writers stressing his responsibility -for the Nazi perversion of culture. In this connection, I will -simply invite the Tribunal’s attention to Pages 94 and 95 of Oestreich’s -biography, which has already been referred to.</p> - -<p class='pindent'>After Defendant Funk left the Ministry of Propaganda and -became Minister of Economics in 1938, he continued to advance the -anti-Jewish program. For example, on 14 June 1938 he signed a -decree providing for the registration of Jewish enterprises. This -decree, which became the foundation for the ruthless economic persecution -which followed, is found in the <span class='it'>Reichsgesetzblatt</span>, 1938, -Part I, Page 627. It is requested that the Tribunal take judicial -notice of this reference to the <span class='it'>Reichsgesetzblatt</span> and all subsequent -references. May I add that the brief on Defendant Funk gives the -document numbers of translations of decrees and other German -publications of which the Tribunal will be requested to take judicial -notice.</p> - -<p class='pindent'>THE PRESIDENT: Would that be a convenient time to break off?</p> - -<p class='pindent'>LT. MELTZER: Yes, Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: Before we do so, Sir David Maxwell-Fyfe, I -see that one of the counsel, Colonel Phillimore, I think, is proposing -to call certain witnesses. The Tribunal would like to know who -those witnesses are and what subject their evidence is going to -deal with.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: Would the Tribunal like to -know now? I would like to let them know, if it is convenient.</p> - -<p class='pindent'>THE PRESIDENT: If you could, it would be convenient now.</p> - -<p class='pindent'>SIR DAVID MAXWELL-FYFE: Yes. The first witness is Korvettenkapitän -Moehle, who was a captain on Defendant Dönitz’ -staff; and he will prove the passing on the Dönitz order of 17 September -1942. I think that is the main point that he deals with. I -<span class='pageno' title='158' id='Page_158'></span> -think he deals also with the destruction of some rescue ships, but -that is the main point.</p> - -<p class='pindent'>The second witness is Lieutenant Heisig. He will deal primarily -with lectures of the Defendant Dönitz in which he advocated the -destruction of the crews of merchant ships. That is the general -effect of the evidence.</p> - -<p class='pindent'>THE PRESIDENT: Thank you.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='159' id='Page_159'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>THE PRESIDENT: Lieutenant Meltzer, are you intending to call -any witnesses this afternoon?</p> - -<p class='pindent'>LT. MELTZER: No, Sir. There is another member of the Prosecution, -Sir, who I believe is intending to call a witness—Mr. Dodd.</p> - -<p class='pindent'>THE PRESIDENT: In connection with the case against Funk?</p> - -<p class='pindent'>LT. MELTZER: No, Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: Or in connection with the case against somebody -else?</p> - -<p class='pindent'>LT. MELTZER: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: Who is it in connection with, Raeder?</p> - -<p class='pindent'>LT. MELTZER: I believe Mr. Dodd might offer. . .</p> - -<p class='pindent'>THE PRESIDENT: Raeder, is it?</p> - -<p class='pindent'>LT. MELTZER: No, Sir. Mr. Dodd might offer a better explanation -than I on the purpose of calling the witness.</p> - -<p class='pindent'>THE PRESIDENT: Mr. Dodd?</p> - -<p class='pindent'>MR. THOMAS J. DODD (Executive Trial Counsel for the United -States): Yes, Sir. Your Honor, the witness is offered in connection -with the Defendants Rosenberg, Funk, Frick, Sauckel, and Kaltenbrunner.</p> - -<p class='pindent'>THE PRESIDENT: I see. The evidence relates to concentration -camps, does it?</p> - -<p class='pindent'>MR. DODD: It does, Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: I see.</p> - -<p class='pindent'>MR. DODD: This witness would have been called at the time -that we presented the other proof, except for the fact that he was -before the military court at Dachau at that time and was not -available.</p> - -<p class='pindent'>THE PRESIDENT: I see; thank you.</p> - -<p class='pindent'>LT. MELTZER: May it please the Tribunal, before we adjourned -we were dealing with Defendant Funk’s role in the economic persecution -of the Jews. As Your Honors will recall, in November of -1938 the death of Vom Rath in Paris was exploited by the Nazis -as a pretext for intensifying the persecution of the Jews. The new -policy was directed at the complete elimination of the Jews from -the economic life of Germany. The evidence we will offer will -show that Defendant Funk took a significant part in both the -formulation and execution of that policy. In this connection I would -refer the Tribunal to Document Number 1816-PS which is already -in the Record. This document is a report of the meeting on the -<span class='pageno' title='160' id='Page_160'></span> -Jewish question. It will be found, Your Honor, on Page 52 of the -document book. This meeting was held under Göring’s chairmanship -on 12 November 1938. In opening the meeting, Defendant -Göring stated—and I quote now from Page 1, Paragraph 1, of the -translation; the corresponding page of the German document is also -Page 1:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . today’s meeting is of a decisive nature. I have received -a letter written by the chief of staff of the Führer’s Deputy, -Bormann, on the Führer’s orders directing that the Jewish -question be now, once and for all, co-ordinated and solved -one way or another.”</p> - -</div> - -<p class='pindent'>Defendant Funk came to this meeting well prepared. He had -a law already drafted which he submitted with the following -explanation—I quote again from Document 1816-PS, Page 15:</p> - -<div class='blockquote'> - -<p class='noindent'>“I have prepared a law for this case which provides that as -from 1 January 1939 Jews shall be prohibited from operating -retail stores and mail-order establishments as well as independent -workshops. They shall be further prohibited from -hiring employees for that purpose or offering any goods on -the market. Wherever a Jewish shop is operated, it is to be -closed by the police. From 1 January 1939 a Jew can no -longer operate a business in the sense of the law for the -regulation of national labor of 20 January 1934.”</p> - -</div> - -<p class='pindent'>I believe we may omit the rest. It is all in the same tenor.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>LT. MELTZER: The substance of Defendant Funk’s draft law -promptly found its way into the <span class='it'>Reichsgesetzblatt</span>. On 12 November -1938 Defendant Göring signed a decree entitled, and I quote, -“. . . for the Elimination of Jews from German Economic Life,” and -in Section 4 he authorized Defendant Funk to implement the provisions -of the decree by issuing the necessary rules and regulations. -An examination of the provisions of this decree, which is set forth -in the <span class='it'>Reichsgesetzblatt</span> 1938, Part I, Page 1580, will reveal how -well it deserved its title “. . . for the Elimination of the Jews from -German Economic Life.”</p> - -<p class='pindent'>Soon after the passage of the decree of 12 November, Defendant -Funk delivered a speech on the Jewish question. He made it clear -that the program of economic persecution was part of the larger -program of extermination and he boasted of the fact that the new -program insured the complete elimination of Jews from the German -economy. I offer into evidence Document Number 3545-PS as -Exhibit USA-659. This document, which is found on Page 76 of -the document book, is a certified photostatic copy of Page 2 of -the <span class='it'>Frankfurter Zeitung</span> of 17 November 1938. I quote a very brief -portion of that speech: -<span class='pageno' title='161' id='Page_161'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“State and economy constitute a single unit. They must be -directed according to the same principles. The best proof of -this is given by the most recent development of the Jewish -problem in Germany. One cannot exclude the Jews from -political life and yet let them live and work in the economic -sphere.”</p> - -</div> - -<p class='pindent'>I shall omit the rest, with the request that the Tribunal take -judicial notice of this reprint from the German newspaper, the -<span class='it'>Frankfurter Zeitung</span>.</p> - -<p class='pindent'>I wish, however, to refer to only one more decree, signed by -Defendant Funk himself. On the 3rd of December 1938 he signed -a decree which imposed additional and drastic economic disabilities -upon the Jews and subjected their property to confiscation and -forced liquidation. This decree is set forth in the <span class='it'>Reichsgesetzblatt</span> -1938, Part I, Page 1709. Defendant Funk himself has admitted and -deplored his responsibility for the economic persecution of the -Jews. I offer into evidence Document Number 3544-PS, as Exhibit -USA-660. This document, which is the last document in connection -with this phase of the case, is an interrogation of Defendant Funk -dated 22 October 1945. Your Honors will find it on Pages 102 and -103 of the document book. I wish to quote from Pages 26 to 27 -of the interrogation. The corresponding page of the German translation -is Page 21. Although I propose to quote enough to place -Defendant Funk’s statements in their proper context, I do not, of -course, intend to give any credence to his attempts at self-justification:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘All the decrees excluding the Jews from industry were -yours, were they not?’ ”</p> - -</div> - -<p class='noindent'>Now, omitting the first nine lines of the reply:</p> - -<div class='blockquote'> - -<p class='noindent'>“A: ‘As far as my participation in this Jewish affair is concerned, -that was my responsibility, and I regretted later on -that I ever participated. The Party had always brought -pressure to bear on me to make me agree to the confiscation -of Jewish property, and I refused repeatedly. But later on, -when the anti-Jewish measures and the brutality against -Jews were being carried out with full force, something legal -had to be done to prevent the looting and confiscation of the -whole of Jewish property.’</p> -<hr class='tbk268'/> -<p class='noindent'>“Q: ‘You knew that the looting and all that was done at the -instigation of the Party, didn’t you?’</p> -<hr class='tbk269'/> -<p class='noindent'>“Here Defendant Funk wept and answered:</p> -<hr class='tbk270'/> -<p class='noindent'>“ ‘That is when I should have resigned, in 1938. I am guilty. -I am guilty. I admit that I am a guilty party here.’ ”</p> - -</div> - -<p class='pindent'>In the Propaganda Ministry, Defendant Funk, as we have seen, -helped solidify the German people in favor of war. When he -<span class='pageno' title='162' id='Page_162'></span> -moved on to his position as Minister of Economics, and to other -positions which will appear, he used his talents even more directly -for the conspirators’ main task: preparation for war. Immediately -before Defendant Funk took over the Ministry of Economics from -Defendant Schacht in 1938, there was a major reorganization of that -ministry’s functions which integrated it with the Four Year Plan -as the supreme command of the German military economy. This -reorganization was effected by a decree, dated 4 February 1938, -signed by Göring as Commissioner of the Four Year Plan. This -decree is set forth in an official monthly bulletin issued by Göring -and entitled, in the English translation, <span class='it'>The Four Year Plan</span>, -Volume II, 1938, Page 105. It is requested that the Tribunal take -judicial notice of this publication.</p> - -<p class='pindent'>At this point I would simply note that that decree makes it -clear that Defendant Funk assumed a critical role in the task of -economic mobilization during a decisive period. Indeed, in 1938 -he was directly charged with the task of preparing the German -economy for war. By a secret decree he was made Plenipotentiary -General for Economics and assumed the duties which once had -been discharged by Defendant Schacht. In this connection I refer -to Document 2194-PS, which has already been placed in evidence. -This document, which is found on Page 111 of Your Honors’ document -books, consists of a letter dated 6 September 1939, and that -letter transmitted a copy of the Reich Defense Law of 4 September -1938. It is this enclosure that we wish to deal with now. I wish -to quote from Page 4 of the translation, Paragraphs 2 to 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is the task of the GBW”—that is the Plenipotentiary -General for Economics—“to put all economic forces into the -service of the Reich defense and to safeguard economically -the life of the German nation. To him are subordinated: the -Reich Minister of Economics, the Reich Minister of Food and -Agriculture, the Reich Minister of Labor. . .” and so on.—“He -is furthermore responsible for directing the financing of -the Reich defense within the realm of the Reich Finance -Ministry and the Reichsbank.”</p> - -</div> - -<p class='pindent'>To quote one more paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The GBW must fulfill the demands of the OKW which are -of essential importance for the Armed Forces and must -ensure the economic conditions necessary for the production -of the armament industry directly managed by the OKW, -according to the requirements of the latter.”</p> - -</div> - -<p class='pindent'>This law, in essence, re-enacted the provisions previously passed -in the Reich Defense Law of 1935, and I will not trouble the -Tribunal with further reading. I do wish to note, however, that -the law was, at the specific direction of Hitler, kept secret and that -<span class='pageno' title='163' id='Page_163'></span> -it was signed by Defendant Funk, among others, as Plenipotentiary -General for Economics. Your Honors will find Defendant Funk’s -signature on the next to the last page of the document, and I invite -your attention to the names of his co-signers.</p> - -<p class='pindent'>Defendant Funk, in a speech which he delivered on 14 October -1939, explained how, as Plenipotentiary General for Economics, he -had for a year and a half prior to the launching of the aggression -against Poland, advanced Germany’s economic preparations for -war. I offer into evidence Document Number 3324-PS as Exhibit -USA-661. This document is a German book by Berndt and Von -Wedel entitled, in the English translation, <span class='it'>Germany in the Fight</span>. -That book reprints the defendant’s speech. I quote now from Page 2 -of the translation of Document Number 3324-PS, which is found -on Page 116 of the document book. The translation of this speech -is somewhat awkward, and with the Tribunal’s permission I would -rephrase it somewhat without changing its substance in the -slightest.</p> - -<div class='blockquote'> - -<p class='noindent'>“Although all economic and financial departments were -harnessed to the task of the Four Year Plan under the -leadership of General Field Marshal Göring, Germany’s -economic preparation for war was also secretly advanced in -another sector for well over a year, namely, through the -formation of a national guiding apparatus for special war -economy tasks which would have to be accomplished the -moment that war became a fact. For this work all economic -departments were combined into one administrative authority, -the Plenipotentiary General for Economics, to which -position the Führer appointed me one and a half years ago.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: What was the date of that?</p> - -<p class='pindent'>LT. MELTZER: The date of that speech, Sir, is 14 October 1939.</p> - -<p class='pindent'>In his dual capacity as Plenipotentiary General for Economics -and Minister of Economics, Defendant Funk was naturally advised -of the requirements which the conspirators’ program of aggression -imposed on the German economy. In this connection I would invite -the Tribunal’s attention to Document Number 1301-PS, which is -already in evidence. As Your Honors will recall, this document -is a top secret report of the conference held in Defendant Göring’s -office on 14 October 1938. Your Honors will find it on Page 142 -of the document book. I shall simply summarize the relevant -portions of this document.</p> - -<p class='pindent'>During the conference Göring referred to the world situation -and to Hitler’s directive to organize a gigantic armament program. -He thereupon directed the Ministry of Economics to increase exports -in order to obtain the foreign exchange necessary for stepping up -<span class='pageno' title='164' id='Page_164'></span> -armament. He added, as Your Honors will recall, that the Luftwaffe -must be increased five-fold, that the Navy should arm more -quickly, and that the Army should accelerate the production of -weapons for attack. Defendant Göring’s words directed at Funk, -among others, were the words of a man already at war; and his -emphasis on quintupling the Air Force and on weapons for attack -was that of a man waging aggressive war.</p> - -<p class='pindent'>After Schacht’s departure Funk was a key figure in the preparation -of plans to finance the war. This was natural, since -Defendant Funk after 1939 occupied three positions crucial to war -finance. Two we have already named: Minister of Economics and -Plenipotentiary General for Economics. In addition, he was -President of the Reichsbank.</p> - -<p class='pindent'>Funk’s role in war financing is illustrated by Document Number -3562-PS, which I now offer in evidence as Exhibit USA-662. This -document was found in the captured files of the Reich Ministry of -Economics. It consists, in part, of a letter from the Plenipotentiary -General for Economics, signed on his behalf by Dr. Posse. The -letter is dated 1 June 1939 and encloses the minutes of a conference -concerning the financing of the war which was held under the -chairmanship of Funk’s undersecretary in the Ministry of Economics, -Dr. Landfried. A copy of the document which I have offered -into evidence bears a marginal note on Page 1 in the bottom lefthand -corner, dated 5 June, stating, and I quote: “To be shown to -the Minister,”—that is, Funk—“for his information.”</p> - -<p class='pindent'>During the course of the meeting, which was attended by -12 officials, five of whom were directly responsible to Defendant -Funk in his various capacities, the conferees discussed a -memorandum regarding war finance which had been prepared by -the Plenipotentiary General for Economics on May 9, 1939. I wish -to quote briefly from Page 2 of the English translation, which is -found on Page 153 of Your Honors’ document book:</p> - -<div class='blockquote'> - -<p class='noindent'>“Then a report was made of the contents of the ‘Notes on -the question of Internal Financing of War’ of 9 May of this -year, in which the figures given to me by the Reich Minister -of Finance were also discussed. It was pointed out that the -Plenipotentiary General for Economics is primarily interested -in introducing into the legislation for war finance the idea -of financing war expenditures by future revenues to be -expected after the war.”</p> - -</div> - -<p class='pindent'>And, if I may quote another brief excerpt from this important -memorandum, which is found on Page 2 of the English translation, -Page 153 of your document books:</p> - -<div class='blockquote'> - -<p class='noindent'>“State Secretary Neumann first submitted for discussion -the question of whether, in case of war, production would -<span class='pageno' title='165' id='Page_165'></span> -be able to meet, to the extent supposed, the demands of -the Armed Forces, especially if the demands of the Armed -Forces, as stated in the above report, should increase to -approximately 14,000 millions in the first 3 months of war. -He stated that if the production potential of the present Reich -territory is taken as a basis he doubts the possibility of such -an increase.”</p> - -</div> - -<p class='pindent'>It is plain then that Defendant Funk exercised comprehensive -authority over large areas of the German economy whose proper -organization and direction were critical to effective war preparation. -The once powerful military machine which rested on the foundation -of thorough economic preparation was a tribute to the contribution -which Defendant Funk had made to Nazi aggression.</p> - -<p class='pindent'>And Funk made this contribution with full knowledge of the -plans for military aggression. A compelling inference of such -knowledge would arise from the combination of several factors: -From Funk’s long and intimate association with the Nazi inner -circle; from the very nature of his official functions; from the war-dominated -setting of Nazi Germany; from the fact that force and the -threat of force had become the primary and the open instruments -of German foreign policy. And the final element in weighing the -question of Defendant Funk’s knowledge is, of course, the fact -that, at the same time that Defendant Funk was making economic -preparation, specific plans for aggression were being formulated—plans -which were carried out and plans which could be effectively -carried out only if they were synchronized with the complementary -economic measures.</p> - -<p class='pindent'>The conclusion concerning Defendant Funk’s knowledge is reinforced -beyond any question by considering, in the light of the factors -described above, the more specific and direct evidence which has -already been placed into the Record. We have seen from Document -1760-PS that Defendant Funk had told Mr. Messersmith that -the absorption of Austria by Germany was a political and economic -necessity, and that it would be achieved by whatever means were -necessary. We have already referred to Document Number 1301-PS, -in which Defendant Göring laid down directives which could be -understood only as directives to prepare the economic basis for -aggression. And Document Number 3562-PS has revealed that -Defendant Funk was making detailed plans for financing the war, -that is, of course, a particular war, the war against Poland. In -this connection I wish to refer to another vital piece of evidence -which has already been introduced in the Record. It is the letter -dated 25 August 1939 which Defendant Funk wrote to Hitler. In -that letter, as Your Honors will recall, Defendant Funk expressed -his gratitude at being able to experience those world-shaking times -<span class='pageno' title='166' id='Page_166'></span> -and to contribute to those tremendous events. And he thanked -Hitler for approving his proposals designed to prepare the German -economy for the war.</p> - -<p class='pindent'>Moreover, the Record contains evidence showing that Defendant -Funk, both personally and through his representatives, participated -in the economic planning which preceded the military aggression -against the Soviet Union. I would refer the Tribunal to Document -1039-PS, which revealed that in April of 1941 Defendant Rosenberg, -who had been appointed deputy for the centralized treatment -of problems related to the occupation of the Eastern territories, -that is, the Soviet Union, discussed with Defendant Funk the -economic problems which would arise when the plans for aggression -in the East matured. And Document 1039-PS also reveals that -Defendant Funk appointed one Dr. Schlotterer as his deputy to -collaborate with Rosenberg in connection with the exploitation of -the Eastern territories and that Schlotterer met with Defendant -Rosenberg almost daily.</p> - -<p class='pindent'>It is clear, then, that Defendant Funk participated in every -phase of the conspirators’ program, from their seizure of power -to their final defeat. Throughout he worked effectively, if sometimes -more quietly than others, on behalf of the Nazi program, -a program which from the very beginning he knew contemplated -the use of ruthless terror and force within Germany and, if necessary, -outside of Germany. He bears, we submit, a special, a direct, -and a heavy responsibility for the commission of Crimes against -Humanity, Crimes against Peace, and War Crimes. The Record -makes it clear, if we may summarize the evidence, that by virtue -of his activities in the Ministry of Propaganda and in the Ministry -of Economics he is responsible for stimulating and engaging in -the unrelenting persecution of the Jews and other minorities, for -psychologically mobilizing the German people for aggressive war, -and for weakening the willingness and capacity of the conspirators’ -intended victims to resist aggression. It is also clear, we submit, -that Defendant Funk, with full knowledge of the conspirators’ -purposes, in his capacity as Minister of Economics, President of -the Reichsbank, and Plenipotentiary General for Economics, actively -participated in the mobilization of the German economy for -aggression. In these capacities and as a member of the Ministerial -Council for Defense and the Central Planning Board he also participated -in the waging of aggressive war. Moreover, by virtue of -his membership in the Central Planning Board, which, as Your -Honors will recall from Mr. Dodd’s presentation, formulated and -directed the program for the enslavement, the exploitation, and -degradation of millions of foreign workers, Defendant Funk also -shares special responsibility for the Nazi slave-labor program. -<span class='pageno' title='167' id='Page_167'></span></p> - -<p class='pindent'>The French Prosecution, I am informed, will deal with this -matter in greater detail. Moreover, the French and Soviet Prosecution -will submit evidence showing that Defendant Funk actively -participated in the program for the criminal looting of the -resources of occupied territories.</p> - -<p class='pindent'>MR. DODD: May it please the Tribunal, we would like to call -at this time the witness, Dr. Franz Blaha.</p> - -<p class='pindent'>[<span class='it'>The witness, Blaha, took the stand.</span>]</p> - -<p class='pindent'>THE PRESIDENT [<span class='it'>To the witness</span>]: Is your name Franz Blaha?</p> - -<p class='pindent'>DR. FRANZ BLAHA (Witness) [<span class='it'>In Czech.</span>]: Dr. Franz Blaha.</p> - -<p class='pindent'>THE PRESIDENT: Will you repeat this oath: “I swear by God—the -Almighty and Omniscient—that I will speak the truth, the -pure truth—and will withhold and add nothing.”</p> - -<p class='pindent'>[<span class='it'>The witness repeated the oath.</span>]</p> - -<p class='pindent'>THE PRESIDENT: You can sit down if you wish.</p> - -<p class='pindent'>MR. DODD: You are Dr. Franz Blaha, a native and a citizen -of Czechoslovakia, are you not?</p> - -<p class='pindent'>BLAHA: [<span class='it'>In Czech.</span>] Yes.</p> - -<p class='pindent'>MR. DODD: I understand that you are able to speak German, -and for technical reasons I suggest that we conduct this examination -in German, although I know your native tongue is Czech; -is that right?</p> - -<p class='pindent'>BLAHA: [<span class='it'>In Czech.</span>] In the interest of the case I am willing -to testify in German for the following reasons: 1. For the past -7 years, which are the subject of my testimony, I have lived -exclusively in German surroundings; 2. A large number of special -and technical expressions relating to life in and about the concentration -camps are purely German inventions, and no appropriate -equivalent for them in any other language can be found.</p> - -<p class='pindent'>MR. DODD: Dr. Blaha, by education and training and profession -you are a doctor of medicine?</p> - -<p class='pindent'>BLAHA: [<span class='it'>In German.</span>] Yes.</p> - -<p class='pindent'>MR. DODD: And in 1939 you were the head of a hospital in -Czechoslovakia?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: You were arrested, were you not, by the Germans -in 1939 after they occupied Czechoslovakia?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: And were you confined in various prisons between -1939 and 1941?</p> - -<p class='pindent'>BLAHA: Yes. -<span class='pageno' title='168' id='Page_168'></span></p> - -<p class='pindent'>MR. DODD: From 1941 to April of 1945 you were confined at -Dachau Concentration Camp?</p> - -<p class='pindent'>BLAHA: Yes, until the end.</p> - -<p class='pindent'>MR. DODD: When that camp was liberated by the Allied Forces?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: You executed an affidavit in Nuremberg on the -9th day of January of this year, did you not?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: This affidavit, if it please the Tribunal, bears the -Document Number 3249-PS, and I wish to offer it at this time. -It is Exhibit USA-663. I feel that we can reduce the extent of -this interrogation by approximately three-fourths through the submission -of this affidavit and I should like to read it. It will take -much less time to read this affidavit than it would to go through -it in question and answer form and it covers a large part of what -we expect to elicit from this witness.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>MR. DODD: I wouldn’t have read it if we had had time to -have a Russian and French translation, but unfortunately that -wasn’t possible in the few days we had.</p> - -<div class='blockquote'> - -<p class='noindent'>“I, Franz Blaha, being duly sworn, depose and state as -follows:</p> -<hr class='tbk271'/> -<p class='noindent'>“1. I studied medicine in Prague, Vienna, Strasbourg, and -Paris and received my diploma in 1920. From 1920 to 1926 -I was a clinical assistant. In 1926 I became chief physician -of the Iglau Hospital in Moravia, Czechoslovakia. I held -this position until 1939 when the Germans entered Czechoslovakia -and I was seized as a hostage and held a prisoner -for co-operating with the Czech Government. I was sent as -a prisoner to the Dachau Concentration Camp in April 1941 -and remained there until the liberation of the camp in -April 1945. Until July 1941 I worked in a punishment -company. After that I was sent to the hospital and subjected -to the experiments in typhoid being conducted by Dr. Muermelstadt. -After that I was to be made the subject of an experimental -operation and succeeded in avoiding this only by -admitting that I was a physician. If this had been known -before, I would have suffered, because intellectuals were -treated very harshly in the punishment company. In October -1941 I was sent to work in the herb plantation and later in -the laboratory for processing herbs. In June 1942 I was -taken into the hospital as a surgeon. Shortly afterwards I was -directed to perform a stomach operation on 20 healthy -<span class='pageno' title='169' id='Page_169'></span> -prisoners. Because I would not do this I was transferred to -the autopsy room where I stayed until April 1945. While -there I performed approximately 7,000 autopsies. In all, -12,000 autopsies were performed under my direction.</p> -<hr class='tbk272'/> -<p class='noindent'>“2. From the middle of 1941 to the end of 1942 some 500 -operations on healthy prisoners were performed. These -were for the instructions of the SS medical students and -doctors and included operations on the stomach, gall bladder, -and throat. These were performed by students and doctors -of only 2 years’ training, although they were very dangerous -and difficult. Ordinarily they would not have been done -except by surgeons with at least 4 years’ surgical practice. -Many prisoners died on the operating table and many others -from later complications. I performed autopsies on all of -these bodies. The doctors who supervised these operations -were Lang, Muermelstadt, Wolter, Ramsauer, and Kahr. -Standartenführer Dr. Lolling frequently witnessed these -operations.</p> -<hr class='tbk273'/> -<p class='noindent'>“3. During my time at Dachau I was familiar with many -kinds of medical experiments carried on there on human -victims. These persons were never volunteers but were -forced to submit to such acts. Malaria experiments on about -1,200 people were conducted by Dr. Klaus Schilling between -1941 and 1945. Schilling was personally ordered by Himmler -to conduct these experiments. The victims were either -bitten by mosquitoes or given injections of malaria sporozoites -taken from mosquitoes. Different kinds of treatment -were applied including quinine, pyrifer, neosalvarsan, -antipyrin, pyramidon, and a drug called 2516 Behring. -I performed autopsies on the bodies of people who died -from these malaria experiments. Thirty to 40 died from -the malaria itself. Three hundred to four hundred died later -from diseases which were fatal because of the physical -condition resulting from the malaria attacks. In addition -there were deaths resulting from poisoning due to overdoses -of neosalvarsan and pyramidon. Dr. Schilling was -present at my autopsies on the bodies of his patients.</p> -<hr class='tbk274'/> -<p class='noindent'>“4. In 1942 and 1943 experiments on human beings were -conducted by Dr. Sigmund Rascher to determine the effects -of changing air pressure. As many as 25 persons were put -at one time into a specially constructed van in which pressure -could be increased or decreased as required. The purpose -was to find out the effects on human beings of high altitude -and of rapid descents by parachute. Through a window in the -van I have seen the people lying on the floor of the van. -<span class='pageno' title='170' id='Page_170'></span> -Most of the prisoners used died from these experiments, from -internal hemorrhage of the lungs or brain. The survivors -coughed blood when taken out. It was my job to take the -bodies out and as soon as they were found to be dead to -send the internal organs to Munich for study. About 400 to -500 prisoners were experimented on. The survivors were -sent to invalid blocks and liquidated shortly afterwards. -Only a few escaped.</p> -<hr class='tbk275'/> -<p class='noindent'>“5. Rascher also conducted experiments on the effect of cold -water on human beings. This was done to find a way for -reviving airmen who had fallen into the ocean. The subject -was placed in ice-cold water and kept there until he was -unconscious. Blood was taken from his neck and tested each -time his body temperature dropped one degree. This drop -was determined by a rectal thermometer. Urine was also -periodically tested. Some men stood it as long as 24 to -36 hours. The lowest body temperature reached was 19 -degrees centigrade, but most men died at 25 or 26 degrees. -When the men were removed from the ice water attempts -were made to revive them by artificial sunshine, with hot -water, by electro-therapy, or by animal warmth. For this -last experiment prostitutes were used and the body of the -unconscious man was placed between the bodies of two -women. Himmler was present at one such experiment. -I could see him from one of the windows in the street -between the blocks. I have personally been present at some -of these cold water experiments when Rascher was absent, -and I have seen notes and diagrams on them in Rascher’s -laboratory. About 300 persons were used in these experiments. -The majority died. Of those who survived, many -became mentally deranged. Those who did not die were -sent to invalid blocks and were killed just as were the -victims of the air pressure experiments. I know only two -who survived, a Yugoslav and a Pole, both of whom are -mental cases.</p> -<hr class='tbk276'/> -<p class='noindent'>“6. Liver puncture experiments were performed by Dr. -Brachtl on healthy people and on people who had diseases -of the stomach and gall bladder. For this purpose a needle -was jabbed into the liver of a person and a small piece of -the liver was extracted. No anaesthetic was used. The -experiment is very painful and often had serious results, -as the stomach or large blood vessels were often punctured, -resulting in hemorrhage. Many persons died of these tests -for which Polish, Russian, Czech, and German prisoners -were employed. Altogether about 175 people were subjected -to these experiments. -<span class='pageno' title='171' id='Page_171'></span></p> -<hr class='tbk277'/> -<p class='noindent'>“7. Phlegmone experiments were conducted by Dr. Schütz, -Dr. Babor, Dr. Kieselwetter and Professor Lauer. Forty -healthy men were used at a time, of which twenty were -given intramuscular and twenty intravenous injections of -pus from diseased persons. All treatment was forbidden for -3 days, by which time serious inflammation and in many -cases general blood poisoning had occurred. Then each group -was divided again into groups of 10. Half were given -chemical treatment with liquid and special pills every -10 minutes for 24 hours. The remainder were treated with -sulfanamide and surgery. In some cases all the limbs were -amputated. My autopsy also showed that the chemical -treatment had been harmful and had even caused perforations -of the stomach wall. For these experiments Polish, -Czech, and Dutch priests were ordinarily used. Pain was -intense in such experiments. Most of the 600 to 800 persons -who were used finally died. Most of the others became -permanent invalids and were later killed.</p> -<hr class='tbk278'/> -<p class='noindent'>“8. In the fall of 1944 there were 60 to 80 persons who were -subjected to salt water experiments. They were locked in a -room and for 5 days were given nothing for food but salt -water. During this time their urine, blood, and excrement -were tested. None of these prisoners died, possibly because -they received smuggled food from other prisoners. Hungarians -and Gypsies were used for these experiments.</p> -<hr class='tbk279'/> -<p class='noindent'>“9. It was common practice to remove the skin from dead -prisoners. I was commanded to do this on many occasions. -Dr. Rascher and Dr. Wolter in particular asked for this human -skin from human backs and chests. It was chemically treated -and placed in the sun to dry. After that it was cut into various -sizes for use as saddles, riding breeches, gloves, house slippers, -and ladies’ handbags. Tattooed skin was especially valued -by SS men. Russians, Poles, and other inmates were used in -this way, but it was forbidden to cut out the skin of a German. -This skin had to be from healthy prisoners and free from -defects. Sometimes we did not have enough bodies with good -skin and Rascher would say, ‘All right, you will get the -bodies.’ The next day we would receive 20 or 30 bodies of -young people. They would have been shot in the neck or -struck on the head so that the skin would be uninjured. Also -we frequently got requests for the skulls or skeletons of -prisoners. In those cases we boiled the skull or the body. -Then the soft parts were removed and the bones were -bleached and dried and reassembled. In the case of skulls it -was important to have a good set of teeth. When we got an -<span class='pageno' title='172' id='Page_172'></span> -order for skulls from Oranienburg the SS men would say, -‘We will try to get you some with good teeth.’ So it was -dangerous to have good skin or good teeth.</p> -<hr class='tbk280'/> -<p class='noindent'>“10. Transports arrived frequently in Dachau from Struthof, -Belsen, Auschwitz, Mauthausen and other camps. Many of -these were 10 to 14 days on the way without water or food. -On one transport which arrived in November 1942 I found -evidence of cannibalism. The living persons had eaten the -flesh from the dead bodies. Another transport arrived -from Compiègne in France. Professor Limousin of Clermont-Ferrand -who was later my assistant told me that there had -been 2,000 persons on this transport when it started. There -was food available but no water. Eight hundred died on the -way and were thrown out. When it arrived after 12 days, -more than 500 persons were dead on the train. Of the remainder -most died shortly after arrival. I investigated this -transport because the International Red Cross complained, -and the SS men wanted a report that the deaths had been -caused by fighting and rioting on the way. I dissected a -number of bodies and found that they had died from suffocation -and lack of water. It was mid-summer and 120 people -had been packed into each car.</p> -<hr class='tbk281'/> -<p class='noindent'>“11. In 1941 and 1942 we had in the camp what we called -invalid transports. These were made up of people who were -sick or for some reason incapable of working. We called -them ‘Himmelfahrt Commandos.’ About 100 or 120 were -ordered each week to go to the shower baths. There four -people gave injections of phenol, evipan, or benzine, which -soon caused death. After 1943 these invalids were sent to -other camps for liquidation. I know that they were killed, -because I saw the records and they were marked with a -cross and the date that they left, which was the way that -deaths were ordinarily recorded. This was shown on both the -card index of the Camp Dachau and the records in the registry -office of Dachau. One thousand to two thousand went away -every 3 months, so there were about five thousand sent to -death in this way in 1943, and the same in 1944. In April -1945 a Jewish transport was loaded at Dachau and was left -standing on the railroad siding. The station was destroyed -by bombing, and they could not leave. So they were just -left there to die of starvation. They were not allowed to get -off. When the camp was liberated they were all dead.</p> -<hr class='tbk282'/> -<p class='noindent'>“12. Many executions by gas or shooting or injections took -place right in the camp. The gas chamber was completed in -1944, and I was called by Dr. Rascher to examine the first -<span class='pageno' title='173' id='Page_173'></span> -victims. Of the eight or nine persons in the chamber there -were three still alive, and the remainder appeared to be -dead. Their eyes were red, and their faces were swollen. -Many prisoners were later killed in this way. Afterwards -they were removed to the crematorium where I had to -examine their teeth for gold. Teeth containing gold were -extracted. Many prisoners who were sick were killed by -injections while in the hospital. Some prisoners killed in the -hospital came through to the autopsy room with no name or -number on the tag which was usually tied to their big toe. -Instead the tag said ‘Do not dissect’. I performed autopsies on -some of these and found that they were perfectly healthy but -had died from injections. Sometimes prisoners were killed -only because they had dysentery or vomited and gave the -nurses too much trouble. Mental patients were liquidated by -being led to the gas chamber and injected there or shot. -Shooting was a common method of execution. Prisoners could -be shot just outside the crematorium and carried in. I have -seen people pushed into the ovens while they were still -breathing and making sounds, although if they were too -much alive they were usually hit on the head first.</p> -<hr class='tbk283'/> -<p class='noindent'>“13. The principal executions about which I know from having -examined the victims or supervised such examinations are -as follows:</p> -<hr class='tbk284'/> -<p class='noindent'>“In 1942 there were 5,000 to 6,000 Russians held in a separate -camp inside Dachau. They were taken on foot to the military -rifle range near the camp in groups of 500 or 600 and shot. -Such groups left the camp about three times a week. At night -we used to go out to bring the bodies back in carts and then -examine them. In February 1944 about 40 Russian students -arrived from Moosburg. I knew a few of the boys in the -hospital. I examined their bodies after they were shot outside -the crematory. In September 1944 a group of 94 high-ranking -Russian officers were shot, including two military doctors -who had been working with me in the hospital. I examined -their bodies. In April 1945, a number of prominent people -were shot who had been kept in the bunker. They included -two French generals, whose names I cannot remember; but -I recognized them from their uniform. I examined them after -they were shot. In 1944 and 1945 a number of women were -killed by hanging, shooting, and injections. I examined them -and found that in many cases they were pregnant. In 1945, -just before the camp was liberated, all ‘Nacht und Nebel’ -prisoners were executed. These were prisoners who were -forbidden to have any contact with the outside world. They -<span class='pageno' title='174' id='Page_174'></span> -were kept in a special enclosure and were not allowed to -send or receive any mail. There were 30 or 40, many of -whom were sick. These were carried to the crematory on -stretchers. I examined them and found they had all been shot -in the neck.</p> -<hr class='tbk285'/> -<p class='noindent'>“14. From 1941 on the camp was more and more overcrowded. -In 1943 the hospital for prisoners was already overcrowded. -In 1944 and in 1945 it was impossible to maintain any sort -of sanitary conditions. Rooms which held 300 or 400 persons -in 1942 were filled with 1,000 in 1943, and in the first quarter -of 1945 with 2,000 or more. The rooms could not be cleaned -because they were too crowded and there was no cleaning -material. Baths were available only once a month. Latrine -facilities were completely inadequate. Medicine was almost -nonexistent. But I found after the camp was liberated that -there was plenty of medicine in the SS hospital for all the -camp, if it had been given to us for use. New arrivals at the -camp were lined up out of doors for hours at a time. Sometimes -they stood there from morning until night. It did not -matter whether this was in the winter or in the summer. -This occurred all through 1943, 1944, and the first quarter of -1945. I could see these formations from the window of the -autopsy room. Many of the people who had to stand in the -cold in this way became ill with pneumonia and died. I had -several acquaintances who were killed in this manner during -1944 and 1945.</p> -<hr class='tbk286'/> -<p class='noindent'>“In October 1944 a transport of Hungarians brought spotted -fever into the camp, and an epidemic began. I examined -many of the corpses from this transport and reported the -situation to Dr. Hintermayer but was forbidden, on penalty -of being shot, to mention that there was an epidemic in the -camp. He said that it was sabotage, and that I was trying to -have the camp quarantined so that the prisoners would not -have to work in the armaments industry. No preventive -measures were taken at all. New healthy arrivals were put -into blocks where an epidemic was already present. Also -infected persons were put into these blocks. The 30th block, -for instance, died out completely three times. Only at Christmas, -when the epidemic spread into the SS camp, was a -quarantine established. Nevertheless, transports continued to -arrive. We had 200 to 300 new typhus cases a day and about -100 deaths from typhus daily. In all we had 28,000 cases and -15,000 deaths. Apart from those that died from the disease -my autopsies showed that many deaths were caused solely -by malnutrition. Such deaths occurred in all the years from -<span class='pageno' title='175' id='Page_175'></span> -1941 to 1945. They were mostly Italians, Russians, and -Frenchmen. These people were just starved to death. At the -time of death they weighed 50 to 60 pounds. Autopsies showed -their internal organs had often shrunk to one-third of their -normal size.</p> -<hr class='tbk287'/> -<p class='noindent'>“The facts stated above are true. This declaration is made -by me voluntarily and without compulsion. After reading -over the statement I have signed and executed the same -at Nuremberg, Germany, this 9th day of January 1946.”<a id='r1'/><a href='#f1' style='text-decoration:none'><sup><span style='font-size:0.9em'>[1]</span></sup></a></p> -<hr class='tbk288'/> -<p class='noindent'>—Signed—“Dr. Franz Blaha.</p> -<hr class='tbk289'/> -<p class='noindent'>“Subscribed and sworn to before me this 9th day of January -1946 at Nuremberg, Germany. 2d Lieutenant Daniel F. Margolies.”</p> - -</div> - -<p class='pindent'>MR. DODD: [<span class='it'>Continuing the interrogation.</span>] Dr. Blaha, will you -state whether or not visitors came to the camp of Dachau while -you were there?</p> - -<p class='pindent'>BLAHA: Very many visitors came to our camp so that it sometimes -seemed to us that we were not confined in a camp but in an -exhibition or a zoo. At times there was a visit or an excursion -almost every day from schools, from different military, medical, and -other institutions, and also many members of the Police, the SS, -and the Armed Forces; also. . .</p> - -<p class='pindent'>THE PRESIDENT: Will you pause so as to give the interpreter’s -words time to come through; do you understand?</p> - -<p class='pindent'>BLAHA: Yes. Also some State personalities came to the camp. -Regular inspections were made month by month by the Inspector -General of Concentration Camps, Obergruppenführer Pohl; also by -SS Reichsführer Professor Grawitz, Inspector of Experimental Stations; -Standartenführer Dr. Lolling; and other personalities.</p> - -<p class='pindent'>MR. DODD: The presiding Justice has suggested that you pause, -and it would be helpful if you paused in the making of your answers -so that the interpreters can complete their interpretation.</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: Are you able to state how long these visits lasted -on an average?</p> - -<p class='pindent'>BLAHA: That depended on the sort of visits being made. Some -were inside for half an hour to an hour, some for 3 or 4 hours.</p> - -<p class='pindent'>MR. DODD: Were there prominent Government people who -visited the camp at any time while you were there?</p> - -<p class='pindent'><span class='pageno' title='176' id='Page_176'></span></p> - -<p class='pindent'>BLAHA: While I was there many personalities came to our -camp: Reichsführer Himmler came to Dachau several times and -also was present at the experiments. I was present myself on these -occasions. Other personalities also were there. I myself have seen -three ministers of state, and from political prisoners who were -Germans and therefore knew these people I heard that several other -personages visited the camp. I also twice saw high-ranking Italian -officers and once a Japanese officer.</p> - -<p class='pindent'>MR. DODD: Do you remember the names of any of these prominent -Government people, or do you remember more particularly -who any of them were?</p> - -<p class='pindent'>BLAHA: Besides Himmler there was Bormann; also Gauleiter -Wagner; Gauleiter Giesler; State Ministers Frick, Rosenberg, Funk, -Sauckel; also the General of Police Daluege; and others.</p> - -<p class='pindent'>MR. DODD: Did these people whom you have just named take -tours around the camp while you were there?</p> - -<p class='pindent'>BLAHA: Generally the tour through the camp was so arranged -that the visitors were first taken to the kitchen, then to the laundry, -then to the hospital, that is, usually to the surgical station, then to -the malaria station of Professor Schilling and the experimental -station of Dr. Rascher. Then they proceeded to a few “blocks,” -particularly those of the German prisoners and sometimes they also -visited the chapel, which, however, had been fitted up inside for -German clergy only. Sometimes, too, various personalities were -presented and introduced to the visitors. It was so arranged that -always, first of all, a “green” professional criminal was selected and -introduced as a murderer; then the Mayor of Vienna, Dr. Schmitz, -was usually presented as the second one; then a high-ranking Czech -officer; then a homosexual; a Gypsy; a Catholic bishop or other -Polish priest of high rank; then a university professor, in this order, -so that the visitors always found it entertaining.</p> - -<p class='pindent'>MR. DODD: Now did I understand you to name Kaltenbrunner -as one of those visitors there or not?</p> - -<p class='pindent'>BLAHA: Yes, Kaltenbrunner was also present. He was there -together with General Daluege. That was, I believe, in the year 1943. -I was also interested in General Daluege because it was he who, -after Heydrich’s death, had become Protector of Bohemia and -Moravia, and I wanted to see him.</p> - -<p class='pindent'>MR. DODD: Did you see Kaltenbrunner there yourself?</p> - -<p class='pindent'>BLAHA: Yes. He was pointed out to me. I had not seen him -previously.</p> - -<p class='pindent'>MR. DODD: Did I understand you mentioned the name Frick as -one of those whom you saw there? -<span class='pageno' title='177' id='Page_177'></span></p> - -<p class='pindent'>BLAHA: Yes, it was in the year of 1944, the first half of 1944.</p> - -<p class='pindent'>MR. DODD: Where did you see him? Where in the camp did -you see him?</p> - -<p class='pindent'>BLAHA: I saw him from the hospital window as he was entering -with his staff, with several people.</p> - -<p class='pindent'>MR. DODD: Do you see the man whom you saw there that day, -by the name of Frick, in this courtroom now?</p> - -<p class='pindent'>BLAHA: Yes, the fourth man from the right in the first row.</p> - -<p class='pindent'>MR. DODD: I understand you also named the name Rosenberg -as one of those whom you saw there?</p> - -<p class='pindent'>BLAHA: I can recall that it was shortly after my arrival in the -concentration camp at Dachau that there was a visit and it was -then that my German comrades pointed Rosenberg out to me.</p> - -<p class='pindent'>MR. DODD: Do you see that man in this courtroom now?</p> - -<p class='pindent'>BLAHA: Yes. He is the second farther to the left in the first row.</p> - -<p class='pindent'>MR. DODD: I also understood you to name Sauckel as one of -those who were present in the camp.</p> - -<p class='pindent'>BLAHA: Yes, but I did not see him personally; I merely heard -that he had also visited certain factories and armament plants; and -that was in 1943, I believe.</p> - -<p class='pindent'>MR. DODD: Was it general knowledge in the camp at that time -that a man named Sauckel visited the camp, and particularly the -munition plant?</p> - -<p class='pindent'>BLAHA: Yes, that was general knowledge in the camp.</p> - -<p class='pindent'>MR. DODD: I also understood you to name one of those who -visited this camp as Funk.</p> - -<p class='pindent'>BLAHA: Yes. He was also present at a visit, and I can -remember that it was on the occasion of a state conference of the -Axis Powers in Salzburg or Reichenhall. It was the custom on -such occasions, when there was a Party convention or a celebration -in Munich, Berchtesgaden, or Salzburg, for several personalities to -come from the celebrations to Dachau for a visit. That was also -the case with Funk.</p> - -<p class='pindent'>MR. DODD: Did you personally see Funk there?</p> - -<p class='pindent'>BLAHA: No, I did not see Funk personally; I merely heard -that he was there.</p> - -<p class='pindent'>MR. DODD: Was that general knowledge in the camp at that -time?</p> - -<p class='pindent'>BLAHA: Yes. We knew beforehand that he was to come. -<span class='pageno' title='178' id='Page_178'></span></p> - -<p class='pindent'>MR. DODD: Were there any visits after the end of the year -1944, or in the months of 1945?</p> - -<p class='pindent'>BLAHA: There were some visits still, but very few, because -there was a typhus epidemic in the camp at that time and quarantine -was imposed.</p> - -<p class='pindent'>MR. DODD: Doctor, you are now director of a hospital in -Prague, are you not?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>MR. DODD: I have no further questions to ask of the witness.</p> - -<p class='pindent'>THE PRESIDENT: Do any other counsel for the Prosecution -wish to ask any questions? Colonel Pokrovsky? [<span class='it'>Colonel -Pokrovsky indicated assent.</span>] We will adjourn for a 10-minute -recess.</p> - -<hr class='footnotemark'/> - -<div class='footnote'> -<p class='footnote'> -<span class='footnote-id' id='f1'><a href='#r1'>[1]</a></span> - -The last paragraph of this affidavit appears in the English translation signed by Dr. Blaha but -not in the original German version.</p> - -</div> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for -the U.S.S.R.): I would like permission to ask this witness several -questions.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness</span>]: Tell us, witness, do you know what -was the particular purpose of the concentration camp at Dachau; -was it really, so to speak, a concentration camp of extermination?</p> - -<p class='pindent'>BLAHA: Until the year 1943 it was really an extermination -camp. After 1943 a good many factories and munition plants were -established, also inside the camp, particularly after the bombardments -started, and then it became more of a work camp. But as -far as the results are concerned there was no difference, because -the prisoners had to work so hard while going hungry that they -died from hunger and exhaustion instead of from beatings.</p> - -<p class='pindent'>COL. POKROVSKY: Must I understand you this way, that, in -fact, both before 1943 and after 1943 Dachau was a camp of extermination -and that there were different ways of extermination?</p> - -<p class='pindent'>BLAHA: That is so.</p> - -<p class='pindent'>COL. POKROVSKY: How many, according to your own -observations, went through this camp of extermination, Dachau; -how many internees came originally from the U.S.S.R., how many -passed through the camp?</p> - -<p class='pindent'>BLAHA: I cannot state that exactly, only approximately. First, -after November 1941, there were exclusively Russian prisoners of -war in uniform. They had separate camps and were liquidated -within a few months. In the summer of 1942, those who remained -of these—I believe there were 12,000 prisoners of war—were -<span class='pageno' title='179' id='Page_179'></span> -transported to Mauthausen; and, as I learned from the people who -came from Mauthausen to Dachau, they were liquidated in gas -chambers.</p> - -<p class='pindent'>Then, after the Russian prisoners of war, Russian children were -brought to Dachau. There were, I believe, 2,000 boys, 6 to 17 years -old. They were kept in one or two special blocks. They were -assigned to particularly brutal people, the “greens,” who beat them -at every step. These young boys also. . .</p> - -<p class='pindent'>COL. POKROVSKY: What do you mean when you refer to the -“greens”?</p> - -<p class='pindent'>BLAHA: Those were the so-called professional criminals. They -beat these young boys and gave them the hardest work. They -worked particularly in the plantations where they had to pull -ploughs, sowing machines, and street rollers instead of horses and -motors being used. Also in all transport Kommandos Russian -children were used exclusively. At least 70 percent of them died -of tuberculosis, I believe, and those who remained were then sent -to a special camp in the Tyrol in 1943 or the beginning of 1944.</p> - -<p class='pindent'>Then after the children, several thousand so-called Eastern -Workers were killed. These were civilians who were removed from -the Eastern territories to Germany and then because of so-called -work-sabotage were put into concentration camps. In addition -there were many Russian officers and intellectuals.</p> - -<p class='pindent'>COL. POKROVSKY: I would like to ask you to be more exact -in your answers in regard to those people whom you call “greens.” -Did I correctly understand you when you said that those criminals -had the task of supervising those internees arriving at the camp?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>COL. POKROVSKY: And these professional criminals were -given complete charge of the children, and they beat and ill-treated -these children of Soviet citizens and put them to work far beyond -their strength, so that they became tubercular?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>COL. POKROVSKY: What do you know about the executions of -the citizens of the U.S.S.R. which were carried out in this camp?</p> - -<p class='pindent'>BLAHA: I believe I am not far from the truth when I say that -of all those executed, at least 75 percent were Russians, and that -women as well as men were brought to Dachau from outside to be -executed.</p> - -<p class='pindent'>COL. POKROVSKY: Can you give us more details in regard to -the execution of 94 high field and staff officers of the Red Army, -which you already spoke about in reply to the question of my -<span class='pageno' title='180' id='Page_180'></span> -colleague? Who were these officers, and what rank did they hold? -What were the reasons for their execution? Do you know anything -at all about it?</p> - -<p class='pindent'>BLAHA: In the summer or late spring of 1944 high-ranking -Russian officers—generals, colonels, and majors—were sent to -Dachau. During the following weeks they were examined by the -political department; that is to say, after each interrogation they -were brought to the camp hospital in a completely battered condition. -I myself saw and knew well some who for weeks had to lie on -their bellies, and we had to remove by surgical operation parts of -their skin and muscles which had become mortified. Many succumbed -to these methods of investigation. The others, 94 people in -number, were then brought to the crematory in the beginning of -September 1944 on orders from the RSHA in Berlin and there, -while on their knees, shot through the neck.</p> - -<p class='pindent'>In addition, in the winter and spring of 1945 several Russian -officers were brought from solitary confinement to the crematory -and there either hanged or shot.</p> - -<p class='pindent'>COL. POKROVSKY: I would like to ask you the same kind of -question about the execution of the 40 Russian students. It is -possible for you to give us a few details about the execution?</p> - -<p class='pindent'>BLAHA: Yes, those Russian students and intellectuals—I can -recall that a doctor was also among them—were brought from the -Moosburg Camp to Dachau, and after 1 month they were all executed. -That was in March of 1944.</p> - -<p class='pindent'>COL. POKROVSKY: Do you happen to know what the reason -was for their execution?</p> - -<p class='pindent'>BLAHA: The order for it came from Berlin. We did not get to -know the reason, because I saw the bodies only after the execution -and the reason was read aloud before the execution took place.</p> - -<p class='pindent'>COL. POKROVSKY: This execution produced the impression -that it was one of the stages of the general plan for extermination -of the people who entered Dachau?</p> - -<p class='pindent'>BLAHA: Yes. It was easy to see that these executions, these -transports of invalids, and the way epidemics were dealt with, -were all part of the general plan for extermination; and particularly, -and this I must emphasize, it was the Russian prisoners who -were always treated the worst of all.</p> - -<p class='pindent'>COL. POKROVSKY: Would you be so kind as to say what is -known to you in regard to those internees who were in the “Nacht -und Nebel” (night and fog) category? Were there many of these -internees? Do you know the reason why they were sent to the -concentration camp? -<span class='pageno' title='181' id='Page_181'></span></p> - -<p class='pindent'>BLAHA: Many so-called Nacht und Nebel prisoners came to the -concentration camp. The people so designated were mostly from -the western countries of Europe, particularly Frenchmen, Belgians, -and Dutchmen. The Russian people—and this was also the case with -the Czechs and also in my own case—frequently had the designation -“return undesirable.” This actually meant the same. Shortly before -the liberation many of these people were executed on the order of -the camp commander, that is, shot in front of the crematory. Many -of these people, particularly the French and Russians, were serious -cases of typhus and with a temperature of 40 degrees were carried -on stretchers to the rifle range.</p> - -<p class='pindent'>COL. POKROVSKY: It seems to me that you mentioned something -about a considerable number of prisoners who died of -starvation. Could you tell me how large that number was—the -number of people who died of starvation?</p> - -<p class='pindent'>BLAHA: I believe that two-thirds of the entire population of -the camp suffered from severe malnutrition and that at least -25 percent of the dead had literally died of starvation. It was called -in German “Hungertyphus.” Apart from that, tuberculosis was the -most widespread disease in the camp and it spread also because of -malnutrition. Most of its victims were Russians.</p> - -<p class='pindent'>COL. POKROVSKY: It seems to me that you said, answering the -question of my colleague, that the majority of those who died of -starvation and exhaustion were French, Russians, and Italians. How -do you account for the fact that in just these categories of internees -more people died than in other categories?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>COL. POKROVSKY: How do you explain that especially Russians, -French, and Italians made up the largest number of those people -who died from starvation? Was there any difference in the feeding -of internees of the different nationalities, or was there some other -reason?</p> - -<p class='pindent'>BLAHA: It was like this: The others, the Germans, Poles, and -Czechs, who had already been in the camp for some time, had had -time, if I may say so, to adjust themselves to camp conditions, -physically I mean. The Russian deteriorated rapidly. The same -was true of the French and the Italians. Moreover, these nationals -for the most part arrived from other camps suffering from malnutrition -so that they then soon fell easy prey to the other epidemics -and diseases. Also, the Germans, Poles, and many others who -worked in the armaments industry had since the year 1943 been -able to get parcels from home. That, of course, was not the case -with citizens of Soviet Russia, France, or Italy.</p> - -<p class='pindent'>COL. POKROVSKY: Can you answer the question about what -Rosenberg, Kaltenbrunner, Sauckel, or Funk saw when they were in -<span class='pageno' title='182' id='Page_182'></span> -the Dachau Concentration Camp? Do you know what they saw and -what was shown them?</p> - -<p class='pindent'>BLAHA: I had no opportunity of seeing what happened during -these visits. Only on very rare occasions did one have the opportunity -of seeing these visitors from the window and observing -where they went. I seldom had the opportunity to be present as -I was in the case of Himmler’s visits and those of Obergruppenführer -Pohl and once on the occasion of Gauleiter Giesler’s visit, -when they were shown the experiments or the patients in the -hospital. As to the others I do not know what they individually -saw and did in the camp.</p> - -<p class='pindent'>COL. POKROVSKY: Perhaps you had an opportunity of observing -the length of the visit of those people in the camp, whether -the visit was short—just for a few moments—or whether they -stayed there a long time. I have in mind Rosenberg, Kaltenbrunner, -Sauckel, and Funk.</p> - -<p class='pindent'>BLAHA: That varied. Many visitors were there for half an -hour, many, as I said before, spent as many as 3 hours there. We -were always able to observe that quite well because at those times -no work could be done, nor was food distributed. We did not -carry on our work in the hospital and had to wait until the signal -was given to us that the visitors had left the camp. Apart from -that I had no means of knowing how long these visits in the camp -lasted in the individual cases.</p> - -<p class='pindent'>COL. POKROVSKY: Can you recall the visit of Kaltenbrunner, -Rosenberg, Funk, and Sauckel? On the basis of what you said -just now could you state whether they were brief visits or whether -those people stayed there for several hours? Did you understand -my question or not?</p> - -<p class='pindent'>BLAHA: Unfortunately, I cannot make a statement on that -because, as I said, the visits took place so frequently that I have -difficulty, after all these years, in recalling whether they lasted for -a short or longer time. Many visits, for instance, from schools—from -the military and police schools—lasted a whole day.</p> - -<p class='pindent'>COL. POKROVSKY: Thank you. I have no further questions of -this witness at this stage of the sitting.</p> - -<p class='pindent'>M. CHARLES DUBOST (Deputy Chief Prosecutor for the French -Republic): You alluded to a convoy of deported French people who -came from Compiègne, of whom only 1,200 survivors arrived. Were -there any other convoys?</p> - -<p class='pindent'>BLAHA: Yes. There were transports, particularly from Bordeaux, -Lyon, and Compiègne, all in the first half of 1944.</p> - -<p class='pindent'>M. DUBOST: Were all the transports carried out under the same -conditions? -<span class='pageno' title='183' id='Page_183'></span></p> - -<p class='pindent'>BLAHA: The conditions under which these transports were made -were, if not the same, at any rate very similar.</p> - -<p class='pindent'>M. DUBOST: Each time you were able to see on arrival that -there were numerous victims?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>M. DUBOST: What were the causes of death?</p> - -<p class='pindent'>BLAHA: The deaths were caused by the fact that too many -people were packed into the cars, which were then locked, and that -they did not get anything to eat or drink for several days. Usually -they starved or suffocated. Many of those who survived were -brought to the camp hospital, and of these a large number died -from various complications and diseases.</p> - -<p class='pindent'>M. DUBOST: Did you make autopsies on the people who died -while en route?</p> - -<p class='pindent'>BLAHA: Yes, particularly for the transport from Compiègne my -services were demanded because the rumor was spread that the -French Maquis and Fascists had attacked and killed each other in -the cars. I had to inspect these corpses, but in no case did I find -any signs of violence. Moreover, I took 10 corpses as a test, dissected -them thoroughly and sent special reports on them to Berlin. All -these people had died of suffocation. I was also able to note during -the autopsy that these were prominent people of France. I could -tell from their identity papers and uniforms that they were high-ranking -French officers, priests, deputies, and well-nourished people -who had been taken direct from civilian life to the cars and sent -to Dachau.</p> - -<p class='pindent'>M. DUBOST: After the reports which you sent to Berlin did the -conditions under which the transports were made remain the same?</p> - -<p class='pindent'>BLAHA: Nothing happened, as usual. Always long reports were -written but conditions did not improve at all.</p> - -<p class='pindent'>M. DUBOST: You indicated that some French generals had been -put to death shortly before the liberation of the camp. Do you -know the names of these generals?</p> - -<p class='pindent'>BLAHA: Unfortunately I have forgotten these names. I can -remember only what I was told by the prisoners who were kept -in the bunkers with them—that they were the prominent personalities -from Germany and other countries: Pastor Niemöller was -there, also a French prince, Schuschnigg was there too, and members -of the French Government and many others. I was told that one -of the generals who had been shot was a close relative of General -De Gaulle. Unfortunately I have forgotten his name. -<span class='pageno' title='184' id='Page_184'></span></p> - -<p class='pindent'>M. DUBOST: If I understood you correctly, these generals were -prisoners of war who had been transported to this concentration -camp?</p> - -<p class='pindent'>BLAHA: These two generals were not in the concentration -camp. They were kept, along with the other prominent personalities, -in the so-called “Kommandantur-Arrest,” that is, in the bunker -separated from the camp. On various occasions when they needed -medical attention I came into contact with them, but that was very -seldom. Otherwise they did not come into contact with the other -prisoners at all.</p> - -<p class='pindent'>M. DUBOST: Did they belong to the category of deported -people whose “return was undesirable” or were they in the Nacht -und Nebel category?</p> - -<p class='pindent'>BLAHA: I do not know. It was 2 days previously that all the -others who were kept in the bunker were sent by special transport -to the Tyrol. That was, I believe, a week or 8 days before the -liberation.</p> - -<p class='pindent'>M. DUBOST: You indicated that numerous visitors, German -military men, students, political men, often toured the camp. Can -you say if any ordinary people, like workers or farmers, knew -what was going on in this camp?</p> - -<p class='pindent'>BLAHA: In my opinion, the people who lived in the neighborhood -of Munich must have known of all these things, because the -prisoners went every day to various factories in Munich and the -neighborhood; and at work they frequently came into contact with -the civilian workers. Moreover, the various suppliers and consumers -often entered the fields and the factories of the German -armament works and they saw what was done to the prisoners and -what they looked like.</p> - -<p class='pindent'>M. DUBOST: Can you say in what way the French were treated?</p> - -<p class='pindent'>BLAHA: Well, if I said that the Russians were treated worst of -all, the French were the second in order. Of course, there were -differences in the treatment of individual persons. The Nacht und -Nebel prisoners were treated quite differently; likewise the -prominent political personalities and the intellectuals. That was so -for all nationalities. And the workers and peasants also were -treated differently.</p> - -<p class='pindent'>M. DUBOST: If I understood correctly, the treatment reserved -for the French intellectuals was particularly rigorous. Do you -remember the treatment inflicted on some French intellectuals and -can you tell us their names?</p> - -<p class='pindent'>BLAHA: I had many comrades among the physicians and -university professors who worked with me in the hospital. Unfortunately -a large number of them died of typhus. Most of the -<span class='pageno' title='185' id='Page_185'></span> -French, in fact, died of typhus. I remember best of all Professor -Limousin. He arrived in very poor condition with the transport -from Compiègne. I took him into my department as assistant -pathologist. Then I also knew the Bishop of Clermont-Ferrand. -There were other physicians and university professors whom I -knew. I remember Professor Roche, Dr. Lemartin, and many others—I -have forgotten their names.</p> - -<p class='pindent'>M. DUBOST: In the course of the conversations which you had -with Dr. Rascher were you informed of the purpose of these -experiments?</p> - -<p class='pindent'>BLAHA: I didn’t understand the question, excuse me please. . .</p> - -<p class='pindent'>M. DUBOST: Were you informed of the purpose of the medical -and biological experiments made by Dr. Rascher in the camp?</p> - -<p class='pindent'>BLAHA: Well, Dr. Rascher made exclusively so-called Air Force -experiments in the camp. He was a major in the Air Force and -was assigned to investigate the conditions to which parachutists -were subjected and, secondly, the conditions of those people who -had to make an emergency landing on the sea or had fallen into -the sea. According to scientific standards, insofar as I can judge, -this was all to no purpose. Like all the other experiments, it was -simply useless murder; and it is amazing that learned university -professors and physicians, particularly, were capable of carrying -out these experiments according to plan. These experiments were -much worse than all the liquidations and executions, because all -the victims of these experiments simply had their suffering prolonged, -as various medicines such as vitamins, hormones, tonics, -and injections, which were not available for the ordinary patients, -were provided for these patients so that the experiments might -last longer and give those people more time to observe their -victims.</p> - -<p class='pindent'>M. DUBOST: I am speaking now of the experiments of Dr. -Rascher only. Had he received the order to make these experiments -or did he make them on his own initiative?</p> - -<p class='pindent'>BLAHA: These experiments were made on Himmler’s direct -orders; also, Dr. Rascher had close relations with Himmler and was -like a relative of his. He visited Himmler very often and Himmler -visited Dr. Rascher several times.</p> - -<p class='pindent'>M. DUBOST: Have you any information as to the kind of physicians -who were making these experiments? Were they always SS -men or were they members of medical faculties of universities who, -however, did not belong to the SS?</p> - -<p class='pindent'>BLAHA: That varied. For example, the malaria station was -under the direction of Professor Klaus Schilling of the Koch -<span class='pageno' title='186' id='Page_186'></span> -Institute in Berlin. The Phlegmone station also had several -university professors. The surgical station was manned solely by -SS doctors. In the Air Force station there were exclusively SS and -military doctors. It differed. Dr. Bleibeck from Vienna conducted -the experiments with sea water.</p> - -<p class='pindent'>M. DUBOST: Were the experiments for the Luftwaffe made on -the order of Himmler only?</p> - -<p class='pindent'>BLAHA: Himmler.</p> - -<p class='pindent'>M. DUBOST: Do you know—this is the last question—how -many Frenchmen passed through this camp?</p> - -<p class='pindent'>BLAHA: I believe at least eight or ten thousand people arrived -at the camp. Furthermore, I know very well that, particularly -during the last period, several thousand French prisoners marched -on foot from the western camps, especially from Natzweiler, Struthof, -<span class='it'>et cetera</span>, and that only very small remnants of these ever -reached Dachau.</p> - -<p class='pindent'>M. DUBOST: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: Can you tell us to what branches of the -German service those who were employed at the camp belonged?</p> - -<p class='pindent'>BLAHA: If I understood you correctly, the highest authority on -everything going on in the camp was the so-called Security Main -Office in Berlin. All demands and directives came from Berlin; -also the experimental stations received a definite quota of subjects -for the experiments and the numbers were fixed by Berlin. If the -doctors making the experiments needed a larger number, new -requests had to be sent to Berlin.</p> - -<p class='pindent'>THE PRESIDENT: Yes, but what I want to know is to what -branch of the service the men belonged who were employed in the -camp.</p> - -<p class='pindent'>BLAHA: They were all SS men and most of them from the SD. -During the last days, at the very end, a few members of the Armed -Forces were there as guards but the men in charge were entirely -SS men.</p> - -<p class='pindent'>THE PRESIDENT: Were there any of the Gestapo there?</p> - -<p class='pindent'>BLAHA: Yes, that was the so-called political department, which -was directed by the chief of the Munich Gestapo. It had control of -all the interrogations and regulations, and it proposed the executions, -transports, and transports of invalids. Also, all the people who were -provided for the experiments had to be approved by the political -department.</p> - -<p class='pindent'>THE PRESIDENT: Do any of the defendants’ counsel want to -cross-examine the witness? -<span class='pageno' title='187' id='Page_187'></span></p> - -<p class='pindent'>DR. SAUTER: Witness, you told us that at one time the Defendant -Funk also was at Dachau, and you informed us, if I understood -you correctly, that this happened on the occasion of some celebration -or state conference between the Axis Powers. Please think back a little -and tell us when that was approximately. Perhaps—just a moment—perhaps -you could tell us the year, maybe also the season, and -perhaps you could also state which political celebration it was.</p> - -<p class='pindent'>BLAHA: As far as Funk is concerned, I can remember that it -was, I believe, a conference of finance ministers. The papers had -announced that it would take place and we were informed beforehand -that some of the ministers would come to Dachau. Such a visit was -actually made a few days afterwards, and it was said that Minister -Funk was among the visitors. It was, I believe, during the first half -of the year 1944. I cannot say that with absolute certainty.</p> - -<p class='pindent'>DR. SAUTER: You mean to say: during the first half of 1944, on -the occasion of a conference of finance ministers?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. SAUTER: Where did that conference take place?</p> - -<p class='pindent'>BLAHA: If I remember correctly—I didn’t write that down, of -course—that was either in Salzburg or Reichenhall or Berchtesgaden, -somewhere in the neighborhood of Munich, I believe.</p> - -<p class='pindent'>DR. SAUTER: From whom did you learn at that time that on -the next day, or the day after, high-ranking visitors would arrive?</p> - -<p class='pindent'>BLAHA: We always received an order to prepare for such a -visit. Elaborate preparations were always made; everything was -cleaned up; everything had to be in order, as you will understand; -and those people whose presence might be undesirable or those who, -in a certain sense, might be dangerous, had to disappear. Thus, -whenever such high-ranking visitors were announced we always -received an order from the camp headquarters 1 or 2 days beforehand; -and, also these visitors were always accompanied by the -camp commander.</p> - -<p class='pindent'>DR. SAUTER: By the camp commander? Now, if you know that -the Defendant Funk was there and people talked about it, then I -think they would have mentioned also what other persons were -present at this visit made by the Defendant Funk.</p> - -<p class='pindent'>BLAHA: I cannot remember. There were always several important -persons.</p> - -<p class='pindent'>DR. SAUTER: The rest do not interest me. I am interested only -in knowing whether or not at that particular visit, which was said -to have been made by Funk, word was passed around the camp -that such and such personalities were with him?</p> - -<p class='pindent'>BLAHA: I cannot remember that now. -<span class='pageno' title='188' id='Page_188'></span></p> - -<p class='pindent'>DR. SAUTER: You cannot remember. Can you remember afterwards, -perhaps on the next day or the day after, something was -said perhaps by people who had seen the visitors?</p> - -<p class='pindent'>BLAHA: Yes, we always discussed that, but now I can no longer -remember which personalities were mentioned.</p> - -<p class='pindent'>DR. SAUTER: Witness, I am not interested in any other visit, -but in this specific visit, as long as I do not say anything to the -contrary. In this case I should like to know whether or not anything -at all was said later on about the persons who were there with -Funk.</p> - -<p class='pindent'>BLAHA: That I do not know; there were so many visits. For -instance, after one visit, the very next day already another visit -would be announced.</p> - -<p class='pindent'>DR. SAUTER: Now, you do also remember the visit that Funk -made. Well, if other finance ministers were there, one would think -that you would recall these other persons also.</p> - -<p class='pindent'>BLAHA: I cannot remember that. It may be that the people with -whom I talked did not know who these other persons were.</p> - -<p class='pindent'>DR. SAUTER: Do you know why, or to put it differently, which -departments of the camp were visited on the occasion when Funk -was supposed to have made this visit. At any rate he did not come -to you.</p> - -<p class='pindent'>BLAHA: No; he did not come to the pathological department.</p> - -<p class='pindent'>DR. SAUTER: He did not. But you were also prepared?</p> - -<p class='pindent'>BLAHA: Yes. All departments had always to be prepared, even -if no visitors came. It also happened at times that a visit was -announced, and then, for one reason or another, nothing came of it.</p> - -<p class='pindent'>DR. SAUTER: Witness, as regards these observations of yours -that you have related to us today, have you been interrogated in -regard to them many times already?</p> - -<p class='pindent'>BLAHA: I was interrogated on these matters for the first time -before the military court at Dachau.</p> - -<p class='pindent'>DR. SAUTER: Did you also at that time say that Funk had -been there? I repeat, did you before the military court at Dachau -say anything to the effect that Funk had been present?</p> - -<p class='pindent'>BLAHA: Yes, I said the same thing before the court at Dachau.</p> - -<p class='pindent'>DR. SAUTER: About Funk?</p> - -<p class='pindent'>BLAHA: Also about Funk.</p> - -<p class='pindent'>DR. SAUTER: But is it true, Witness? I ask again whether it is -really true, because you are here as a witness under oath.</p> - -<p class='pindent'>BLAHA: Yes. -<span class='pageno' title='189' id='Page_189'></span></p> - -<p class='pindent'>DR. SAUTER: You were interrogated also the day before yesterday?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. SAUTER: Did you, at that time, also make these statements -about Funk?</p> - -<p class='pindent'>BLAHA: I said the same thing at the interrogation conducted -by the Prosecution.</p> - -<p class='pindent'>DR. SAUTER: Is that also in the record which I believe you -signed?</p> - -<p class='pindent'>BLAHA: I signed no record.</p> - -<p class='pindent'>DR. SAUTER: You signed no record?</p> - -<p class='pindent'>BLAHA: No; I simply signed what was read by the Prosecution.</p> - -<p class='pindent'>DR. SAUTER: Well, that is a record.</p> - -<p class='pindent'>BLAHA: Yes, but in that record there is no mention of these -visits.</p> - -<p class='pindent'>DR. SAUTER: Why then didn’t you mention these visits the day -before yesterday?</p> - -<p class='pindent'>BLAHA: I was asked about it orally, and the prosecutor told -me that these matters would be taken up orally in the courtroom.</p> - -<p class='pindent'>DR. SAUTER: Were you then also told where the defendants -sit in the courtroom?</p> - -<p class='pindent'>BLAHA: No. Before the military court I was shown all the -pictures. . .</p> - -<p class='pindent'>DR. SAUTER: Aha!</p> - -<p class='pindent'>BLAHA: And I was asked to identify to the court the various -people. I identified the three of whom I said today that I had seen -them in person. Funk and others I did not name.</p> - -<p class='pindent'>DR. SAUTER: You did not name Funk?</p> - -<p class='pindent'>BLAHA: I did not say that I had personally seen him or that -I could identify him.</p> - -<p class='pindent'>DR. SAUTER: But when the pictures were shown to you did -you see the defendants in the pictures?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. SAUTER: Now, if I understand you correctly, you knew -today where, for instance, Funk or Frick or anyone else was sitting?</p> - -<p class='pindent'>BLAHA: Funk I do not know personally, because I did not -see him at that time.</p> - -<p class='pindent'>DR. SAUTER: Were you not told when the pictures were shown -to you at Dachau, “This is Funk; look at him; do you know him”? -<span class='pageno' title='190' id='Page_190'></span></p> - -<p class='pindent'>BLAHA: No; that was done quite differently.</p> - -<p class='pindent'>DR. SAUTER: How?</p> - -<p class='pindent'>BLAHA: All the pictures were shown to me and I was asked -to say which of these individuals I had seen at the Dachau camp. -Of these people I named these three. There was no further discussion -whatsoever in regard to the other pictures.</p> - -<p class='pindent'>DR. SAUTER: Well, Dr. Blaha, when your hearing started and -you were questioned by the President or by the prosecutor, you -made a statement, I believe, in the Czech language.</p> - -<p class='pindent'>BLAHA: No.</p> - -<p class='pindent'>DR. SAUTER: What then?</p> - -<p class='pindent'>BLAHA: In the German language.</p> - -<p class='pindent'>DR. SAUTER: No; everyone heard that that was not German, -but it was obviously Czech.</p> - -<p class='pindent'>BLAHA: The first sentence only.</p> - -<p class='pindent'>DR. SAUTER: The first sentences? Well, now, as it will in any -case come into the court transcript for practical purposes, I ask you -to state and to repeat quite literally, giving the true sense, that -which you said then, because we are interested in that from the -point of view of the Defense.</p> - -<p class='pindent'>BLAHA: I believe that it was included in the transcript because -an English translation was added to my statement.</p> - -<p class='pindent'>DR. SAUTER: No, I do not believe that Czech is being translated. -But anyhow please repeat it. We did not hear it.</p> - -<p class='pindent'>BLAHA: Yes. I said that I was ready, since it is technically -impossible to use my native Czech tongue in the hearing, to give -my testimony in German, because I have lived in German surroundings -through all these events which occurred during the last 7 years -and which are now the subject of this Trial. Moreover, the special -and new expressions referring to life in the camp can be found -only in German, and in no other dictionary can one find such -suitable and expressive terms as in the German language.</p> - -<p class='pindent'>DR. SAUTER: Then, Mr. President, I have no further questions. -Thank you.</p> - -<p class='pindent'>DR. THOMA: Witness, were the inmates of the Concentration -Camp Dachau bound to secrecy?</p> - -<p class='pindent'>BLAHA: No. Of course, if someone was discharged from the -camp by the Gestapo—those cases were few and far between, -particularly in the case of the Germans, who were then drafted—one -had to sign a so-called pledge of secrecy. -<span class='pageno' title='191' id='Page_191'></span></p> - -<p class='pindent'>DR. THOMA: Could the inmates of the camp, those inside the -camp, who worked on farms, <span class='it'>et cetera</span>, talk to the other workers -about conditions in the camp?</p> - -<p class='pindent'>BLAHA: Yes, there were opportunities, because the people -worked in the same rooms and factories with other workers—civilian -workers. That was the case in the German armament industry, in -the fields, and in all factories in Munich and the surroundings.</p> - -<p class='pindent'>DR. THOMA: If I understood you correctly, you said previously -that visitors, people who delivered things, and customers, also had -an opportunity of observing these conditions in the camp without -difficulty.</p> - -<p class='pindent'>BLAHA: Yes. Many of these people had access everywhere, in the -fields as well as in the various factories, and could observe what life -was like in these places.</p> - -<p class='pindent'>DR. THOMA: And what did they see there in the way of -atrocities and ill-treatment, and so forth?</p> - -<p class='pindent'>BLAHA: I believe they saw how the people worked, what they -looked like and what was produced there. For instance, I can -remember one example of what they saw quite well. At that time -I was working in the fields. We were pulling a heavy street roller, -16 men, and a group of girls passed who were on an excursion. -When they passed, their leader said very loudly, so that we all could -hear it, “Look, those people are so lazy that rather than harness -up a team of horses they pull it themselves.” That was supposed to be -a joke.</p> - -<p class='pindent'>DR. THOMA: Witness, when did you first have occasion, after -your liberation from the concentration camp, to tell outside people -about those horrible atrocities which you related to us today?</p> - -<p class='pindent'>BLAHA: I did not understand that; please repeat.</p> - -<p class='pindent'>DR. THOMA: When did you first have an opportunity, after -your discharge or liberation from the concentration camp, of telling -an outsider about these horrible atrocities?</p> - -<p class='pindent'>BLAHA: Immediately after the liberation. I was at that time, -as chief physician of the concentration camp, interrogated by the -American investigating corps; and it was to this corps that I told -this story for the first time, and I also gave them various proofs—diagrams, -and the medical records which I had saved from being -burnt.</p> - -<p class='pindent'>DR. THOMA: That prosecutor believed the information you gave -without further ado?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. THOMA: Witness, you said that the Defendant Rosenberg -was pointed out to you in the Concentration Camp Dachau shortly -after you arrived there. -<span class='pageno' title='192' id='Page_192'></span></p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. THOMA: When was that?</p> - -<p class='pindent'>BLAHA: In the year 1941; first half of 1941.</p> - -<p class='pindent'>DR. THOMA: First half?</p> - -<p class='pindent'>BLAHA: I believe so, yes.</p> - -<p class='pindent'>DR. THOMA: Can you perhaps remember the month?</p> - -<p class='pindent'>BLAHA: I cannot remember. I arrived in April; I believe it -was between April and July or something like that.</p> - -<p class='pindent'>DR. THOMA: From April to July 1941?</p> - -<p class='pindent'>BLAHA: I believe so.</p> - -<p class='pindent'>DR. THOMA: Was Rosenberg at that time in uniform?</p> - -<p class='pindent'>BLAHA: He was in uniform.</p> - -<p class='pindent'>DR. THOMA: In what uniform?</p> - -<p class='pindent'>BLAHA: I believe it was an SS uniform.</p> - -<p class='pindent'>DR. THOMA: SS uniform?</p> - -<p class='pindent'>BLAHA: It was a—I cannot say that very precisely—but he was -in uniform.</p> - -<p class='pindent'>DR. THOMA: All right, you remember <span class='it'>prima facie</span> that it was -an SS uniform, that is, a black uniform?</p> - -<p class='pindent'>BLAHA: No, at that time the SS no longer wore the black -uniform, because after the beginning of the war they wore field -uniforms and other similar uniforms.</p> - -<p class='pindent'>DR. THOMA: Then, you assume it was a gray uniform?</p> - -<p class='pindent'>BLAHA: Something like that; whether it was gray or yellow or -brown I don’t remember any more.</p> - -<p class='pindent'>DR. THOMA: That is just the point: whether it was gray, brown, -or yellow. Was it a field uniform?</p> - -<p class='pindent'>BLAHA: I do not know because from 1939 I was in the concentration -camp, and I am not at all familiar with the various German -uniforms, ranks, and branches of the Army, and so forth.</p> - -<p class='pindent'>DR. THOMA: But you just said that during the war they changed -the uniform.</p> - -<p class='pindent'>BLAHA: Yes, the men in the Gestapo also changed theirs. When -I was arrested in 1939, all Gestapo personnel wore this black -uniform. Then, after the war broke out most of them wore either -green or gray uniforms.</p> - -<p class='pindent'>DR. THOMA: May I ask you again: Did Rosenberg wear a wartime -uniform or a peacetime uniform? -<span class='pageno' title='193' id='Page_193'></span></p> - -<p class='pindent'>BLAHA: I believe it was a wartime uniform.</p> - -<p class='pindent'>DR. THOMA: Wartime uniform? The Defendant Rosenberg was -pointed out to you by another comrade, wasn’t he?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. THOMA: At what distance?</p> - -<p class='pindent'>BLAHA: Well, he was just going down the camp street. That -was perhaps 30 or 40 degrees.</p> - -<p class='pindent'>DR. THOMA: Thirty or forty metres you mean?</p> - -<p class='pindent'>BLAHA: Well, 30 metres; 30 paces I wanted to say, 30 or 40 paces.</p> - -<p class='pindent'>DR. THOMA: And had you previously seen photographs of -Rosenberg? Did you already have an idea of what Rosenberg -looked like?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. THOMA: And when this comrade showed you Rosenberg, -was it then necessary for him to say, “This is Rosenberg”? Didn’t -you recognize him already from having seen him in the photographs -which you had previously. . .</p> - -<p class='pindent'>BLAHA: I cannot remember that. But when he showed him to -me I remembered that I knew him already from the various -pictures in the newspapers.</p> - -<p class='pindent'>DR. THOMA: May I ask you to describe the incident precisely? -How it happened; where you were standing; where Rosenberg came -from; and who was in his company.</p> - -<p class='pindent'>BLAHA: Who was in his company? I knew only the camp -commander.</p> - -<p class='pindent'>DR. THOMA: Who was the camp commander at that time?</p> - -<p class='pindent'>BLAHA: Pierkowski was camp commander, Sturmbannführer -Pierkowski.</p> - -<p class='pindent'>DR. THOMA: Do you know whether he is still alive?</p> - -<p class='pindent'>BLAHA: No, I don’t.</p> - -<p class='pindent'>DR. THOMA: The camp commander?</p> - -<p class='pindent'>BLAHA: Pierkowski. Then the Lagerführer Ziel and Hoffmann, -I knew them.</p> - -<p class='pindent'>DR. THOMA: Now were you in your room and looking out of -the window?</p> - -<p class='pindent'>BLAHA: No, we were in one of the so-called “block” streets. -This led into another street along which the visitors passed.</p> - -<p class='pindent'>DR. THOMA: And what was said to you?</p> - -<p class='pindent'>BLAHA: “Look, there goes Rosenberg.” -<span class='pageno' title='194' id='Page_194'></span></p> - -<p class='pindent'>DR. THOMA: Was Rosenberg alone?</p> - -<p class='pindent'>BLAHA: No, he was with the other persons.</p> - -<p class='pindent'>DR. THOMA: That is to say, only with the camp commander?</p> - -<p class='pindent'>BLAHA: No, there were many other people with him.</p> - -<p class='pindent'>DR. THOMA: That is to say, he had an escort, a staff?</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>DR. THOMA: Members of Rosenberg’s staff?</p> - -<p class='pindent'>BLAHA: I don’t know whether that was Rosenberg’s staff, but -there were a number of persons.</p> - -<p class='pindent'>DR. THOMA: A number of persons? Witness, the Defendant -Rosenberg assures me most definitely that he has never been to the -concentration camp at Dachau. Is it possible that there has been -a mistake?</p> - -<p class='pindent'>BLAHA: I believe I am not mistaken. Besides the German in -question knew Rosenberg very well, I believe.</p> - -<p class='pindent'>DR. THOMA: How do you know that?</p> - -<p class='pindent'>BLAHA: Because he told me so definitely. Otherwise, I have -no way of knowing that.</p> - -<p class='pindent'>THE PRESIDENT: Dr. Thoma.</p> - -<p class='pindent'>DR. THOMA: Yes.</p> - -<p class='pindent'>THE PRESIDENT: You will forgive me if I point out to you -that this is intended to be an expeditious trial and that it is not -right to take up too much time upon small points like this.</p> - -<p class='pindent'>DR. THOMA: My Lord, I ask your permission to remark that -the question of whether or not Rosenberg was in the concentration -camp is of decisive importance. I thank you.</p> - -<p class='pindent'>DR. OTTO PANNENBECKER (Counsel for Defendant Frick): The -Defendant Frick states that he has never been in Dachau Camp. -Therefore, in order to clarify the facts I should like to ask the -following questions:</p> - -<p class='pindent'>Witness, at what distance do you believe you saw Frick?</p> - -<p class='pindent'>BLAHA: I saw him from the window as he passed with a -number of people.</p> - -<p class='pindent'>DR. PANNENBECKER: Did you know Frick before?</p> - -<p class='pindent'>BLAHA: Yes, from pictures.</p> - -<p class='pindent'>DR. PANNENBECKER: From pictures? Did you recognize him -yourself or did some friend tell you that it was Frick?</p> - -<p class='pindent'>BLAHA: A number of us saw him and I looked at him particularly, -because at that time he was already Protector of Bohemia -<span class='pageno' title='195' id='Page_195'></span> -and Moravia. For that reason I had a personal interest in -recognizing him.</p> - -<p class='pindent'>DR. PANNENBECKER: Did Frick wear a uniform?</p> - -<p class='pindent'>BLAHA: I do not believe so.</p> - -<p class='pindent'>DR. PANNENBECKER: Did you recognize anybody who was -with him, anyone from his staff or from the camp command?</p> - -<p class='pindent'>BLAHA: I did not know his staff. From the camp command -there was Camp Commander Weiter. Camp Commander Weiter, -and his adjutant, Otto.</p> - -<p class='pindent'>DR. PANNENBECKER: Could you name anyone of your comrades -who also recognized him?</p> - -<p class='pindent'>BLAHA: There were many comrades of mine who at that time -were standing at the window. Unfortunately, I cannot say who -they were, because, as you will understand, life in the concentration -camp was so full of incidents that one could not record these things -accurately in one’s memory. One remembers only the more -important events.</p> - -<p class='pindent'>DR. PANNENBECKER: Did you recognize him at once of your -own accord when he passed by, or had it been mentioned previously -that Frick was expected?</p> - -<p class='pindent'>BLAHA: No, it was not mentioned then. We simply heard that -a high-ranking visitor was expected, and we were waiting for this -high-ranking visitor. We were not told beforehand who it would be.</p> - -<p class='pindent'>DR. PANNENBECKER: Did you recognize Frick immediately -when you came into the courtroom, or did you know beforehand -that he was sitting in the fourth seat here?</p> - -<p class='pindent'>BLAHA: No, I recognized him easily, because I have already -seen him many times in various pictures, and because he is a well-known -person in Bohemia and Moravia.</p> - -<p class='pindent'>DR. PANNENBECKER: You believe then that there can be no -question of any error.</p> - -<p class='pindent'>BLAHA: I don’t think so.</p> - -<p class='pindent'>DR. PANNENBECKER: May I then ask the Court whether Frick -himself may take the stand to testify that he has never seen Dachau -Camp? I want to make this motion now so that, if necessary, the -witness might be confronted with Frick.</p> - -<p class='pindent'>THE PRESIDENT: Counsel for the defendants will understand -that they will have the opportunity, when it comes to their time -to present their cases, to call all the defendants, but they will not -have an opportunity of calling them now. They will have to wait -until the case for the Prosecution is over and they will then have -<span class='pageno' title='196' id='Page_196'></span> -an opportunity, each of them, to call the defendant for whom they -appear, if they wish to.</p> - -<p class='pindent'>DR. PANNENBECKER: I simply thought, that as the witness is -available now. . .</p> - -<p class='pindent'>[<span class='it'>Dr. Kubuschok approached the lectern.</span>]</p> - -<p class='pindent'>THE PRESIDENT: It is now 5:00 o’clock and unless you are -going to be very short . . . are you going to be very short?</p> - -<p class='pindent'>DR. EGON KUBUSCHOK (Counsel for the Reich Cabinet): -Yes, Sir.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] Witness, you said that when prominent -visitors came to the camp, for instance, Reich ministers, extensive -preparations were made beforehand. You also said that undesirable -persons were removed. Maybe you could supplement that statement. -I am interested to know what the purpose of these preparations -was.</p> - -<p class='pindent'>BLAHA: I meant that everything had to be in order. In our -infirmary all the patients had to lie in bed quietly, everything was -washed and prepared; the instruments were polished, as is usually -the case for high-ranking visitors. We were not allowed to do -anything—no operations; no bandages nor food were given out -before the visit had terminated.</p> - -<p class='pindent'>DR. KUBUSCHOK: Could you perhaps tell me which undesirable -persons were to be removed, as you said before?</p> - -<p class='pindent'>BLAHA: Well, the Russians especially were always kept strictly -in their blocks. It was said that they were afraid of possible -demonstrations, assassinations, <span class='it'>et cetera</span>.</p> - -<p class='pindent'>DR. KUBUSCHOK: Were prisoners kept out of sight because -they showed outward signs of ill-treatment?</p> - -<p class='pindent'>BLAHA: It goes without saying that before the visitors nobody -was struck, beaten, hanged, or executed.</p> - -<p class='pindent'>DR. KUBUSCHOK: To sum up, the purpose of these preparations -was to prevent the guests from seeing the concentration camp -as it really was.</p> - -<p class='pindent'>BLAHA: From seeing the cruelties.</p> - -<p class='pindent'>DR. KUBUSCHOK: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: The Court will not sit in open session tomorrow, -Saturday, and will only sit in the morning on Monday, because -there is work to be done in the closed session tomorrow and on -Monday afternoon. I thought it would be convenient for counsel -to know that.</p> - -<p class='pindent'>The Court will now adjourn.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 14 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='197' id='Page_197'></span><h1>THIRTY-THIRD DAY<br/> <span style='font-size:smaller'>Monday, 14 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>THE PRESIDENT: Would you have the witness brought in? -I think one of the defendants’ counsel was about to cross-examine -him.</p> - -<p class='pindent'>[<span class='it'>The witness, Blaha, took the stand.</span>]</p> - -<p class='pindent'>HERR LUDWIG BABEL (Counsel for the SS and SD): I would -like to put to the witness a few practical questions which I think -necessary both for a better understanding of the earlier testimony -of the witness and for my own information.</p> - -<p class='pindent'>The witness was in the concentration camp from 1941 to 1945 and -should be well informed on conditions as they were. His memory, -as is evident from his previous statements, seems to be excellent.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>]</p> - -<p class='pindent'>Do you know how the proportion of political and criminal inmates -changed during the various periods? What were the approximate -figures of political and criminal inmates in Dachau?</p> - -<p class='pindent'>BLAHA: In Dachau it varied. There were political prisoners, -professional criminals, and the so-called black or asocial elements. -I am, of course, speaking only of the German prisoners; the inmates -of other nations were all political prisoners. Only the German -inmates were divided into red, green, and black prisoners. The great -majority of Germans were political prisoners.</p> - -<p class='pindent'>HERR BABEL: Can you indicate the approximate proportion? -A quarter, a half, or three-quarters?</p> - -<p class='pindent'>BLAHA: I am sorry, I didn’t hear you.</p> - -<p class='pindent'>HERR BABEL: Can you give figures? How many were political -prisoners—half, three-quarters, or how many? Can you give an -approximate number?</p> - -<p class='pindent'>BLAHA: I would say that of 5,000 German prisoners, 3,000 were -political and 2,000 were green and black prisoners.</p> - -<p class='pindent'>HERR BABEL: Was that the proportion during the whole 4- or 5-year -period?</p> - -<p class='pindent'>BLAHA: It changed; because many died, some Germans left, -many were drafted, and there were many new arrivals. In the last -<span class='pageno' title='198' id='Page_198'></span> -years there were more and more political prisoners, because many -of the green prisoners were drafted to the front.</p> - -<p class='pindent'>HERR BABEL: What approximately was the total number in -1941, 1943, and 1945?</p> - -<p class='pindent'>BLAHA: Do you mean the total number of prisoners?</p> - -<p class='pindent'>HERR BABEL: Yes, the total number.</p> - -<p class='pindent'>BLAHA: We had 8,000 to 9,000 in 1941; in 1943 there were 15,000 to -20,000; and between the end of 1944 and the beginning of 1945 we -had more than 70,000 or 80,000.</p> - -<p class='pindent'>HERR BABEL: Another question: You mentioned that at first -you worked in the plantations. What did you mean by plantations?</p> - -<p class='pindent'>BLAHA: The plantations were a large estate of the SS, in which -spices, medical herbs, and things of that sort were raised.</p> - -<p class='pindent'>HERR BABEL: Was this plantation inside the camp?</p> - -<p class='pindent'>BLAHA: No, it was in the near vicinity of the camp, not a part -of it.</p> - -<p class='pindent'>HERR BABEL: You also mentioned work in armament factories. -I gathered from your testimony that these armament factories were -partially within and partially outside the camp. Is that correct?</p> - -<p class='pindent'>BLAHA: Yes, at first these so-called German armament works -were only outside the camp. Then, as a result of the bombings, some -sections were moved into the interior of the concentration camp.</p> - -<p class='pindent'>HERR BABEL: What was the number of camp guards in 1941?</p> - -<p class='pindent'>BLAHA: For actual guard duty usually three SS companies were -in the camp, but at Dachau there were in addition a large garrison of -SS and a Kommandantur. Guards were taken from other SS formations -from time to time, when it was necessary. It varied and -depended on how many guards were needed. For regular duty -there were usually three companies.</p> - -<p class='pindent'>HERR BABEL: Were the prisoners in the armament factories -guarded during working hours?</p> - -<p class='pindent'>BLAHA: Yes. Every labor detachment had a commander selected -from the guard companies and, in addition, these so-called guards, -who went with the detachment to their place of work and then -brought the prisoners back to the camp.</p> - -<p class='pindent'>HERR BABEL: While you were at the camp, did you witness any -ill-treatment on the part of these guards in the course of their daily -activities?</p> - -<p class='pindent'>BLAHA: Yes; a great deal.</p> - -<p class='pindent'>HERR BABEL: Often?</p> - -<p class='pindent'>BLAHA: Yes. -<span class='pageno' title='199' id='Page_199'></span></p> - -<p class='pindent'>HERR BABEL: For what reasons?</p> - -<p class='pindent'>BLAHA: The reasons varied, depending on the nature of the -guards or the commanders.</p> - -<p class='pindent'>HERR BABEL: But you said you were occupied, indeed according -to your statements, very much occupied.</p> - -<p class='pindent'>BLAHA: Yes.</p> - -<p class='pindent'>HERR BABEL: How then did you have an opportunity of -observing such ill-treatment?</p> - -<p class='pindent'>BLAHA: I performed many autopsies on people either shot or -beaten to death at their work, and made official reports on the cause -of death.</p> - -<p class='pindent'>HERR BABEL: You said they were shot. Did you see such -incidents yourself?</p> - -<p class='pindent'>BLAHA: No.</p> - -<p class='pindent'>HERR BABEL: Then, how do you know that?</p> - -<p class='pindent'>BLAHA: The bodies were brought to me from the place of work, -and it was my duty to ascertain the cause of death; that the men -had been beaten to death, for example, that the skull or ribs had -been fractured, that the man had died of internal hemorrhage, or that -he had been shot; I had to make an official report on the cause of -death. Sometimes, but this was rare, when an investigation was -conducted, I was called in as witness.</p> - -<p class='pindent'>HERR BABEL: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: Mr. Dodd, do you wish to re-examine the -witness?</p> - -<p class='pindent'>MR. DODD: I have no further questions to ask the witness at -this time.</p> - -<p class='pindent'>THE PRESIDENT: Does any other member of the prosecuting -staff want to re-examine? Colonel Pokrovsky?</p> - -<p class='pindent'>COLONEL POKROVSKY: At this stage of the Trial I have no -further questions to ask the witness.</p> - -<p class='pindent'>THE PRESIDENT: Then the witness can go.</p> - -<p class='pindent'>[<span class='it'>The witness left the stand.</span>]</p> - -<p class='pindent'>MR. DODD: I should like to ask the Tribunal at this time to take -judicial notice of the findings and the sentences imposed by the -Military Court at Dachau, Germany, on the 13th day of December -1945. The findings were dated the 12th and the sentences on the -13th. I have here a certified copy of the findings and the sentences, -Document Number 3590-PS, which I should like to offer as Exhibit -Number USA-664. -<span class='pageno' title='200' id='Page_200'></span></p> - -<p class='pindent'>THE PRESIDENT: Have copies of this been given to the -defendants?</p> - -<p class='pindent'>MR. DODD: Yes. They have been sent to the defendants’ -counsel information room.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>MR. DODD: I have one other matter that I should like to take -up very briefly before the Tribunal this morning. It is concerned -with a matter that arose after I had left the courtroom to return to -the United States.</p> - -<p class='pindent'>On the 13th of December we offered in evidence Document -Number 3421-PS, and Exhibit Numbers USA-252 and 254. They were, -respectively, the Court will recall, sections of human -skin taken from human bodies and preserved; and a human -head, the head of a human being, which had been preserved. -On the 14th day of December, according to the Record, counsel -for the Defendant Kaltenbrunner addressed the Tribunal -and complained that the affidavit, which was offered, of one -Pfaffenberger, failed to state that the camp commandant at Buchenwald, -one Koch, along with his wife, was condemned to death for -having committed precisely these atrocities, this business of tanning -the skin and preserving the head. And in the course of -the discussion before the Tribunal the Record reveals that counsel for -the Defendant Bormann, in addressing the Tribunal, stated that it -was highly probable that the Prosecution knew that the German -authorities had objected to this camp commandant Koch and, in fact, -knew that he had been tried and sentenced for doing precisely these -things. And there was some intimation, we feel, that the Prosecution, -having this knowledge, withheld it from the Tribunal. Now, -I wish to say that we had no knowledge at all about this man Koch -at the time that we offered the proof; didn’t know anything about -him except that he had been the commandant, according to the -affidavit. But, subsequent to this objection we had an investigation -made, and we have found that he was tried in 1944, indeed, by an SS -court, but not for having tanned human skin nor having preserved -a human head but for having embezzled some money, for what—as -the judge who tried him tells us—was a charge of general corruption -and for having murdered someone with whom he had some personal -difficulties. Indeed, the judge, a Dr. Morgen, tells us that he saw the -tattooed human skin and he saw a human head in Commandant -Koch’s office and that he saw a lampshade there made out of -human skin. But there were no charges at the time that he was -tried for having done these things.</p> - -<p class='pindent'>I would also point out to the Tribunal that, we say, the testimony -of Dr. Blaha sheds further light on whether or not these exhibits, -Numbers USA-252 and 254, were isolated instances of that atrocious -<span class='pageno' title='201' id='Page_201'></span> -kind of conduct. We have not been able to locate the affiant. We -have made an effort to do so, but we have not been able to locate -him thus far.</p> - -<p class='pindent'>THE PRESIDENT: Locate whom?</p> - -<p class='pindent'>MR. DODD: The affiant Pfaffenberger, the one whose affidavit -was offered.</p> - -<p class='pindent'>THE PRESIDENT: Very well, Mr. Dodd.</p> - -<p class='pindent'>DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): -The statement just made is undoubtedly significant, but it -would be of importance to have the documents which served to -convict the commandant and his wife at the time. Kaltenbrunner -told me that it was known in the whole SS that the commandant -Koch and his wife had been taken to account also—I emphasize -“also”—on account of these things and that it was known in the SS -that one of the factors determining the severity of the sentences -imposed had been this proved inhuman behavior.</p> - -<p class='pindent'>THE PRESIDENT: Wait a minute. As you were the counsel who -made the allegation that the commandant Koch had been put to -death for his inhuman treatment, it would seem that you are the -party to produce the judgment.</p> - -<p class='pindent'>DR. KAUFFMANN: I never had the verdict in my hand. I -depended on the information which Kaltenbrunner gave me personally -and orally.</p> - -<p class='pindent'>THE PRESIDENT: It was you who made the assertion. I don’t -care where you got it from. You made the assertion; therefore it -is for you to produce the document.</p> - -<p class='pindent'>DR. KAUFFMANN: Yes.</p> - -<p class='pindent'>COLONEL H. J. PHILLIMORE: (Junior Counsel for the United -Kingdom): May it please the Tribunal: Briefs and document books -have been handed in. The documents in the document book are in -the order in which I shall refer to them, and the references to them -in the briefs are also in that order. On the first page of the brief -is set out the extract from Appendix A of the Indictment, which -deals with the criminality of this defendant.</p> - -<p class='pindent'>THE PRESIDENT: Are you dealing first of all with Raeder or -with Dönitz?</p> - -<p class='pindent'>COL. PHILLIMORE: With Dönitz. My learned friend, Major -Elwyn Jones, will deal with Raeder immediately after. Reading at -Page 1 of the brief. . .</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal will adjourn for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>COL. PHILLIMORE: My Lord, may I proceed?</p> - -<p class='pindent'>THE PRESIDENT: Very well. -<span class='pageno' title='202' id='Page_202'></span></p> - -<p class='pindent'>COL. PHILLIMORE: Briefs and document books have been -handed in. The documents are in the document book in the order -in which I shall refer to them, and the references in the brief to the -documents are in that same order. On the first page of the brief is -set out the extract from the Indictment as Appendix A, which deals -with the allegations against this defendant. It sets out the positions -he held and charges him, first, with promoting the preparations for -war, set forth in Count One; second, with participating in the military -planning and preparation for wars of aggression and wars in -violation of international treaties, agreements, and assurances, set -forth in Count One and Two of the Indictment; and thirdly, with -authorizing, directing, and participating in the War Crimes set forth -in Count Three of the Indictment, including particularly the crimes -against persons and property on the High Seas.</p> - -<p class='pindent'>Now, if at any place I appear to trespass on Count Three, it is -with the consent and courtesy of the Chief Prosecutor for the French -Republic.</p> - -<p class='pindent'>My Lord, on the second page of the brief are set out first the -positions held by the Defendant Dönitz; and the document in -question is the first document in the document book, 2887-PS, which -has already been put in as Exhibit Number USA-12. The Tribunal -will see that after his appointment in 1935 as Commander of the -Weddigen U-boat Flotilla—that was, in fact, the first flotilla to be -formed after the end of the World War in 1918—the defendant, who -was in effect then Commander of U-boats, rose steadily in rank as -the U-boat arm expanded, until he became an admiral. And then -on the 30th of January 1943, he was appointed Grossadmiral and -succeeded the Defendant Raeder as Commander-in-Chief of the -German Navy, retaining his command of the U-boat arm. Then on -the 1st of May 1945, he succeeded Hitler as head of Germany.</p> - -<p class='pindent'>My Lord, as appears from a number of documents which I shall -put in evidence, the defendant was awarded the following decorations: -On the 18th of September 1939 the Cluster of the Iron Cross, -first class, for the U-boat successes in the Baltic during the Polish -campaign. This award was followed on the 21st of April 1940 by the -high award of the Knight’s Cross to the Iron Cross, while on the -7th of April 1943 he received personally from Hitler the Oak Leaf -to the Knight’s Cross of the Iron Cross, as the 223rd recipient, for -his services in building up the German Navy and, in particular, his -services for the offensive U-boat arm for the coming war, which -were outstanding. And now I put in the next document in the document -book, D-436, which becomes Exhibit GB-183. That is an extract -from the official publication <span class='it'>Das Archiv</span> on the defendant’s promotion -to vice admiral. It is dated the 27th of September 1940, and I -read the last two sentences: -<span class='pageno' title='203' id='Page_203'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“In 4 years of untiring and, in the fullest sense of the word, -uninterrupted work of training, he succeeds in developing the -young U-boat armed personnel and material till it is a weapon -of a striking power unexpected even by the experts. More -than 3 million gross tons of enemy shipping sunk in only 1 -year, achieved with only a few boats, speak better than words -of the merits of this man.”</p> - -</div> - -<p class='pindent'>The next document in the document book, 1463-PS, which I put in -as Exhibit GB-184, is an extract from the diary for the German -Navy, 1944 edition, and it serves to emphasize the contents of that -last document. My Lord, I won’t read from it. The relevant passage -is on Page 2, and if I might summarize that, it describes in detail the -defendant’s work in building up the U-boat arm, his ceaseless work -in training night and day to close the gap of 17 years during which -no training had taken place, his responsibility for new improvements, -and for devising the “pack” tactics which were later to become -so famous. And then his position is summarized further at the top -of Page 3. If I might read the last two sentences of the first paragraph -on that page:</p> - -<div class='blockquote'> - -<p class='noindent'>“In spite of the fact that his duties took on immeasurable proportions -since the beginning of the huge U-boat construction -program, the chief was what he always was and always will -be: leader and inspiration to all the forces under him.”</p> - -</div> - -<p class='noindent'>And then the last sentence of that paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“In spite of all his duties, he never lost touch with his men; and -he showed a masterly understanding in adjusting himself to -the changing fortunes of war.”</p> - -</div> - -<p class='pindent'>It was not, however, only his ability as a naval officer which won -the defendant these high honors: his promotion to succeed the -Defendant Raeder as Commander-in-Chief of the Navy, the personal -position he acquired as one of Hitler’s principal advisers, and finally, -earlier candidates, such as Göring, having betrayed Hitler’s trust -or finding the position less attractive than they had anticipated, the -doubtful honor of becoming Hitler’s successor. These he owed to -his fanatical adherence to Hitler and to the Party, to his belief in -the Nazi ideology with which he sought to indoctrinate the Navy and -the German people, and to his masterly understanding in adjusting -himself to the changing fortunes of war, referred to in the diary and -which the Tribunal may think, when I have referred them to the -document, may be regarded as synonymous with the capacity for -utter ruthlessness. His attitude to the Nazi Party and its creed is -shown by his public utterances.</p> - -<p class='pindent'>I turn to the next document in the document book, D-443, which -I put in to become Exhibit GB-185. It is an extract from a speech -<span class='pageno' title='204' id='Page_204'></span> -made by the defendant at a meeting of commanders of the Navy -in Weimar on the 17th of December 1943. It was subsequently -circulated by the defendant as a top secret document for senior -officers only and by the hand of officers only. My Lord, if I might -read:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am a firm adherent of the idea of ideological education. For -what is it in the main? Doing his duty is a matter of course -for the soldier. But the full value, the whole weight of duty -done, is only present when the heart and spiritual conviction -have a voice in the matter. Doing his duty is then quite -different from what it would be if I only carried out my task -literally, obediently, and faithfully. It is therefore necessary -for the soldier to support the execution of his duty with all -his mental, all his spiritual energy; and for this his conviction, -his ideology are indispensable. It is therefore necessary for -us to train the soldier uniformly, comprehensively, that he -may be adjusted ideologically to our Germany. Every dualism, -every dissension in this connection, or every divergence or -unpreparedness imply a weakness in all circumstances. He in -whom this grows and thrives in unison is superior to the other. -Then indeed the whole importance, the whole weight of his -conviction comes into play. It is also nonsense to say that the -soldier or the officer must have no politics. The soldier -embodies the state in which he lives, he is the representative, -the articulate exponent of his state. He must therefore stand -with his whole weight behind this state.</p> -<hr class='tbk290'/> -<p class='noindent'>“We must travel this road out of our deepest conviction. The -Russian travels along it. We can only maintain ourselves in -this war if we take part in it, with holy zeal, with all our -fanaticism. . . .</p> -<hr class='tbk291'/> -<p class='noindent'>“I alone cannot do this, but it can be done only with the aid -of the man who holds the production of Europe in his hand—with -Minister Speer. My ambition is to have as many warships -for the Navy as possible so as to be able to fight and to strike. -It does not matter to me who builds them.”</p> - -</div> - -<p class='pindent'>My Lord, that last sentence is of importance in connection with -a later document. The Tribunal will see when I come to it that the -defendant was not above employing concentration camp labor for -this purpose.</p> - -<p class='pindent'>I put in the next document in the document book, D-640, which -becomes Exhibit GB-186. It is an extract from a speech on the -same subject by the defendant as Commander-in-Chief of the Navy -to the Commanders on the 15th of February 1944. My Lord, it is -cumulative except that I think the last two sentences add, if I might -read them: -<span class='pageno' title='205' id='Page_205'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“From the very start the whole of the officer corps must be -so indoctrinated that it feels itself co-responsible for the -National Socialist State in its entirety. The officer is the -exponent of the State, the idle chatter that the officer is non-political -is sheer nonsense.”</p> - -</div> - -<p class='pindent'>Now, the next document is 2878-PS, which I put in to become -Exhibit GB-187. It consists of three extracts from speeches. The first -is from a speech made by the defendant to the German Navy and -the German people on Heroes’ Day, the 12th of March 1944.</p> - -<div class='blockquote'> - -<p class='noindent'>“German men and women!</p> -<hr class='tbk292'/> -<p class='noindent'>“. . . What would have become of our country today, if the -Führer had not united us under National Socialism! Split into -parties, beset with the spreading poison of Jewry and vulnerable -to it, and lacking, as a defense, our present uncompromising -ideology, we would long since have succumbed to the -burdens of this war and been subject to the merciless -destruction of our adversaries. . . .”</p> - -</div> - -<p class='pindent'>My Lord, the next extract is from a speech to the Navy on the -21st of July 1944. It again shows the defendant’s fanaticism. It is -perhaps worth reading the first sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“Men of the Navy! Holy wrath and unlimited anger fill our -hearts because of the criminal attempt which was to have cost -the life of our beloved Führer. Providence wished it otherwise, -watched over and protected our Führer, and did not abandon -our German fatherland in the fight for its destiny.”</p> - -</div> - -<p class='pindent'>And then he goes on to deal with the fate which should be meted -out to these traitors.</p> - -<p class='pindent'>The third extract deals with the introduction of the German -salute into the Armed Forces. I don’t think I need read it, but as -the members of the Tribunal will see, it was the Defendant Keitel -and this defendant who were responsible for the alteration of the -salute in the German forces and the adoption of the Nazi salute—together -with Göring. . . Pardon, I should have said: the Defendants -Göring, Keitel, and Dönitz.</p> - -<p class='pindent'>The next document is a monitored report of the speech made on -the German wireless by this defendant, announcing the death of -Hitler and his own succession. It is Document D-444. I put it in to -become Exhibit GB-188, and I read a portion of it. The time is -2226—marked on the document. I read therefrom:</p> - -<div class='blockquote'> - -<p class='noindent'>“It has been reported from the Führer’s headquarters that our -Führer Adolf Hitler has died this afternoon in his battle headquarters -at the Reich Chancellery, fallen for Germany, fighting -to the last breath against Bolshevism. -<span class='pageno' title='206' id='Page_206'></span></p> -<hr class='tbk293'/> -<p class='noindent'>“On the 30th of April the Führer nominated Grossadmiral -Dönitz to be his successor. The Grossadmiral and Führer’s -successor will speak to the German nation.”</p> - -</div> - -<p class='pindent'>And then, the first paragraph of the speech:</p> - -<div class='blockquote'> - -<p class='noindent'>“German men and women, soldiers of the German Armed -Forces. Our Führer Adolf Hitler is dead. The German people -bow in deepest sorrow and respect. Early he had recognized -the terrible danger of Bolshevism and had dedicated his life -to the fight against it. His fight having ended, he died a hero’s -death in the capital of the German Reich, after having led an -unmistakably straight and steady life.”</p> - -</div> - -<p class='pindent'>Then, that document also contains an order of the day issued by -the defendant, which is very much to the same effect.</p> - -<p class='pindent'>Apart from his services in building up the U-boat arm, there is -ample evidence that the defendant as officer commanding U-boats -took part in the planning and execution of aggressive war against -Poland, Norway, and Denmark. The next document in the document -book, C-126(c), has already been put in as Exhibit GB-45. It is a -memorandum by the Defendant Raeder, dated the 16th of May 1939, -and I will call the attention of the Tribunal to the distribution. The -sixth copy went to the Führer der Unterseeboote, that is to say, to -the Defendant Dönitz. The document is a directive for the invasion -of Poland, Fall Weiss, and I won’t read it. It has already been read.</p> - -<p class='pindent'>The next document, C-126(e), on the second page of that same -document, has also been put in as Exhibit GB-45. It again is a -memorandum from the Defendant Raeder’s headquarters, dated the -2d of August 1939. It is addressed to the fleet, and then Flag Officer -U-boats—that is, of course, the defendant . . . and it is merely a -covering letter for operational directions for the employment of -U-boats which are to be sent out into the Atlantic by way of precaution -in the event the intention of carrying out Fall Weiss should -remain unchanged. The second sentence is important:</p> - -<div class='blockquote'> - -<p class='noindent'>“Flag Officer U-boats is handing in his operation orders to -SKL”—that is the Seekriegsleitung, the German Admiralty—“by -12 August. A decision on the sailings of U-boats for the -Atlantic will probably be made in the middle of August.”</p> - -</div> - -<p class='pindent'>The next document, C-172, I put in as Exhibit GB-189. It consists -of the defendant’s own operational instructions to his U-boats for -the operation Fall Weiss. It is signed by him. It is not dated, but it -is clear from the subject matter that its date must be before the -16th of July 1939. I don’t think the substance of the document adds. -It is purely an operational instruction, giving effect to the document -already put in, C-126(c), the directive by Raeder.</p> - -<p class='pindent'>My Lord, the next document, C-122, has already been put in as -Exhibit GB-82. It is an extract from the War Diary of the naval -<span class='pageno' title='207' id='Page_207'></span> -war staff of the German Admiralty, dated the 3rd of October 1939, -and records the fact that the chief of the naval war staff has called -for views on the possibility of taking operational bases in Norway. -It has already been read and I would merely call the Tribunal’s -attention to the passage in brackets, in the paragraph marked “d”:</p> - -<div class='blockquote'> - -<p class='noindent'>“Flag Officer U-boats already considers such harbors extremely -useful as equipment and supply bases for Atlantic U-boats to -call at temporarily.”</p> - -</div> - -<p class='pindent'>The next document, C-5, has already been put in as Exhibit -GB-83. This is from the defendant, as Flag Officer U-boats, -addressed to the Supreme Command of the Navy, the naval war -staff. It is dated the 9th of October 1939, and it sets out the -defendant’s view on the advantages of Trondheim and Narvik as -bases. The document proposes the establishment of a base at Trondheim -with Narvik as an alternative.</p> - -<p class='pindent'>Now the next document, C-151, has already been put in as -Exhibit GB-91. It is the defendant’s operation order to his U-boats -for the occupation of Denmark and Norway, and the operation order, -which is top secret, dated the 30th of March 1940, is termed “Hartmut.” -The members of the Tribunal will remember that the document, -in the last paragraph, said:</p> - -<div class='blockquote'> - -<p class='noindent'>“The naval force will, as they enter the harbor, fly the British -flag until the troops have landed, except presumably at -Narvik.”</p> - -</div> - -<p class='pindent'>The preparations for war against England are perhaps best -shown by the disposition of the U-boats under his command on the -3rd of September 1939, when war broke out between Germany and -the Western Allies. The locations of the sinkings in the following -week, including that of the <span class='it'>Athenia</span> which will be dealt with by my -learned friend, Major Elwyn Jones, provide corroboration. On that, -I would put in two charts; I put them in as Document D-652, and -they become Exhibit GB-190.</p> - -<p class='pindent'>My Lord, I have copies here for the members of the Tribunal. -They have been prepared by the Admiralty. There are two charts. -The first sets out the disposition of the submarines on the 3rd of -September 1939. There is a certification attached to the chart, in the -top left-hand corner, which I should read:</p> - -<div class='blockquote'> - -<p class='noindent'>“This chart has been constructed from a study of the orders -issued by Dönitz between 21 August 1939 and 3 September -1939 and subsequently captured. The chart shows the approximate -disposition of submarines ordered for the 3rd of September -1939 but it cannot be guaranteed accurate in every -detail as the files of captured orders are clearly not complete -and also some of the submarines shown apparently had -<span class='pageno' title='208' id='Page_208'></span> -received orders at sea on or about 3 September to move to -new operational areas. The documents from which this chart -was constructed are held by the British Admiralty in London.”</p> - -</div> - -<p class='pindent'>My Lord, there are two points I would make on that first chart. -First, it will be apparent to members of the Tribunal that U-boats -which were in those positions on the 3rd of September 1939 had left -Kiel some considerable time before. The other point which I would -make is important in connection with my learned friend Major -Elwyn Jones’ case against the Defendant Raeder, and that is the -location of the U-boat U-30. The members of the Tribunal may care -to bear it in mind while looking at the charts now.</p> - -<p class='pindent'>The second chart sets out the sinkings during the first week of -the war, and the location of the sinking of the <span class='it'>Athenia</span> will be noted. -There is a short certification in the left-hand corner of the Tribunal’s -copies:</p> - -<div class='blockquote'> - -<p class='noindent'>“This chart has been constructed from the official records of -the British Admiralty in London. It shows the positions of -the sinkings of the British merchant vessels lost by enemy -action in the 7 days commencing the 3rd of September 1939.”</p> - -</div> - -<p class='pindent'>My Lord, I turn to the defendant’s participation in War Crimes -and Crimes against Humanity.</p> - -<p class='pindent'>The course of the war waged against neutral and Allied merchant -shipping by the U-boats followed under the defendant’s direction -a course of consistently increasing ruthlessness. The defendant -displayed his masterly understanding in adjusting himself to the -changing fortunes of war. From the very early days, merchant -ships, both Allied and neutral, were sunk without warning; and -when operational danger zones had been announced by the German -Admiralty, these sinkings continued to take place both within and -without those zones. With some exceptions in the early days of the -war, no regard was taken for the safety of the crews or passengers -of sunk merchant ships, and the announcement claiming a total -blockade of the British Isles merely served to confirm the established -situation under which U-boat warfare was being conducted without -regard to the established rules of international warfare or the -requirements of humanity.</p> - -<p class='pindent'>The course of the war at sea during the first 18 months is -summarized by two official British reports made at a time when -those who compiled them were ignorant of some of the actual -orders issued which have since come to hand.</p> - -<p class='pindent'>My Lord, I turn to the next document in the document book. It -is Document D-641(a), which I put in to become Exhibit GB-191. It -is an extract from an official report of the British Foreign Office -concerning German attacks on merchant shipping during the period -<span class='pageno' title='209' id='Page_209'></span> -3 September 1939 to September 1940, that is to say, the first year -of the war, and it was made shortly after September 1940.</p> - -<p class='pindent'>My Lord, if I might quote from the second paragraph on the -first page:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the first 12 months of the war, 2,081,062 tons of -Allied shipping comprising 508 ships have been lost by -enemy action. In addition, 769,213 tons of neutral shipping, -comprising 253 ships, have also been lost. Nearly all these -merchant ships have been sunk by submarine, mine, aircraft, -or surface craft, and the great majority of them were sunk -while engaged on their lawful trading voyages. 2,836 Allied -merchant seamen have lost their lives in these ships. . . .</p> -<hr class='tbk294'/> -<p class='noindent'>“In the last war the practice of the central powers was so -remote from the recognized procedure that it was thought -necessary to set forth once again the rules of warfare in -particular as applied to submarines. This was done in the -Treaty of London, 1930; and in 1936 Germany acceded to -the rules. The rules laid down:</p> -<hr class='tbk295'/> -<p class='noindent'>“(1) In action with regard to merchant ships, submarines -must conform to the rules of international law to which -surface vessels are subjected.</p> -<hr class='tbk296'/> -<p class='noindent'>“(2) In particular, except in the case of persistent refusal to stop -on being summoned or of active resistance to visit and search, -a warship, whether surface vessel or submarine, may not -sink or render incapable of navigation a merchant vessel -without having first placed passengers, crew, and ships’ papers -in a place of safety. For this purpose, the ship’s boats are -not regarded as a place of safety unless the safety of the -passengers and crew is assured in the existing sea and -weather conditions by the proximity of land or the presence -of another vessel which is in a position to take them on -board.”</p> - -</div> - -<p class='pindent'>Then, the next paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“At the beginning of the present war, Germany issued a -prize ordinance for the regulation of sea warfare and the -guidance of her naval officers. Article 74 of this ordinance -embodies the submarine rules of the London Treaty. -Article 72, however, provides that captured enemy vessels -may be destroyed if it seems inexpedient or unsafe to bring -them into port, and Article 73 (i) and (ii) makes the same -provision with regard to neutral vessels which are captured -for sailing under enemy convoy, for forcible resistance, or for -giving assistance to the enemy. These provisions are certainly -not in accordance with the traditional British view but the -important point is that, even in these cases, the prize -<span class='pageno' title='210' id='Page_210'></span> -ordinance envisages the capture of the merchantman before -its destruction. In other words, if the Germans adhered to -the rules set out in their own prize ordinance, we might have -argued the rather fine legal point with them, but we should -have no quarrel with them, either on the broader legal issue -or on the humanitarian one. In the event, however, it is only -too clear that almost from the beginning of the war the -Germans abandoned their own principles and waged war -with steadily increasing disregard for international law, and -for what is, after all, the ultimate sanction of all law, the -protection of human life and property from arbitrary and -ruthless attacks.”</p> - -</div> - -<p class='pindent'>I pass to the third paragraph on the next page which sets out -two instances:</p> - -<div class='blockquote'> - -<p class='noindent'>“On the 30th of September 1939 came the first sinking of a -neutral ship by a submarine without warning and with loss -of life. This was the Danish ship <span class='it'>Vendia</span> bound for the Clyde -in ballast. The submarine fired two shots and shortly after -torpedoed the ship. The torpedo was fired when the master -had already signaled that he would submit to the submarine’s -orders and before there had been an opportunity to abandon -ship. By November submarines were beginning to sink neutral -vessels without warning as a regular thing. On the 12th -November the Norwegian <span class='it'>Arne Kjode</span> was torpedoed in the -North Sea without any warning at all. This was a tanker -bound from one neutral port to another. The master and four -of the crew lost their lives and the remainder were picked -up after many hours in open boats. Henceforward, in addition -to the failure to establish the nature of the cargo, another -element is noticeable, namely an increasing recklessness as to -the fate of the crew.”</p> - -</div> - -<p class='pindent'>And then dealing with attacks on Allied merchant vessels, -certain figures are given: Ships sunk 241, recorded attacks 221, -illegal attacks 112. At least 79 of these 112 ships were torpedoed -without warning.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Then they were not illegally -sunk, however?</p> - -<p class='pindent'>COL. PHILLIMORE: Yes, Sir.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): According to this document, the -Germans have been given the benefit of the doubt.</p> - -<p class='pindent'>COL. PHILLIMORE: Oh, yes, I should have read that sentence; -I am obliged to Your Honor.</p> - -<p class='pindent'>I pass to the second report, Document D-641(b). It is part of the -same document and is put in as Exhibit GB-191. It is a report -covering the next 6 months from September 1, 1940. . . -<span class='pageno' title='211' id='Page_211'></span></p> - -<p class='pindent'>THE PRESIDENT: Are you not reading Page 3?</p> - -<p class='pindent'>COL. PHILLIMORE: If Your Lordship pleases, I have read a -great deal of the report and there are passages that I had not -considered important.</p> - -<p class='pindent'>THE PRESIDENT: I haven’t myself read it, but I think. . .</p> - -<p class='pindent'>COL. PHILLIMORE: If I might read the first two paragraphs -on Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“By the middle of October submarines were sinking merchant -vessels without any regard to the safety of the crews. Yet -4 months later the Germans were still officially claiming that -they were acting in accordance with their prize ordinance. -Their own semi-official commentators, however, had made -the position clear. As regards neutrals, Berlin officials had -early in February stated that any neutral ship that is either -voluntarily or under compulsion bound for an enemy port—including -contraband control harbors—thereby loses its -neutrality and must be considered hostile. At the end of -February the cat was let out of the bag by a statement that -a neutral ship which obtained a navicert from a British consul -in order to avoid putting into a British contraband control -base was liable to be sunk by German submarines, even if -it was bound from one neutral port to another. As regards -Allied ships, in the middle of November 1939 a Berlin warning -was issued against the arming of British vessels. By that -date a score of British merchantmen had been illegally -attacked by gunfire or torpedo from submarines, and after -the date some 15 more unarmed Allied vessels were torpedoed -without warning. It is clear therefore that not only -was the arming fully justified as a defensive measure but -also that neither before nor after this German threat did the -German submarines discriminate between armed and unarmed -vessels.”</p> - -</div> - -<p class='noindent'>The last paragraph is merely a summing-up; it does not add.</p> - -<p class='pindent'>Turning to D-641(b), which is a similar report covering the next -6 months, if I might read the first five paragraphs of Page 1:</p> - -<div class='blockquote'> - -<p class='noindent'>“On the 30th January 1941 Hitler proclaimed: ‘Every ship, -with or without convoy, which appears before our torpedo -tubes is going to be torpedoed. On the face of it, this -announcement appears to be uncompromising; and the only -qualification provided by the context is that the threats -immediately preceding it are specifically addressed to the -peoples of the American Continent. German commentators, -however, subsequently tried to water it down by contending -that Hitler was referring only to ships which attempted to -<span class='pageno' title='212' id='Page_212'></span> -enter the area within which the German ‘total blockade’ is -alleged to be in force.</p> -<hr class='tbk297'/> -<p class='noindent'>“From one point of view it probably matters little what -exactly was Hitler’s meaning, since the only conclusion that -can be reached after a study of the facts of enemy warfare -on merchant shipping is that enemy action in this field is -never limited by the principles which are proclaimed by -enemy spokesmen, but solely by the opportunities or lack of -them which exist at any given time.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Colonel Phillimore, isn’t this document you -are now reading really legal argument?</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, some of it is. The difficulty is -to leave those parts and take in the facts.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>COL. PHILLIMORE: The third paragraph, if I might leave the -rest of the second, is as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The effect of the German ‘total blockade’ is to prohibit -neutral ships from entering an enormous stretch of sea round -Britain (the area extends to about 500 miles west of Ireland, -and from the latitude of Bordeaux to that of the Faroe -Islands), upon pain of having their ships sunk without warning -and their crews killed. As a matter of fact, at least -32 neutral ships, exclusive of those sailing in British convoys, -have been sunk by enemy action since the declaration of the -‘total blockade.’ ”</p> - -</div> - -<p class='pindent'>The last sentence in the following paragraph about the sinking -of ships without warning:</p> - -<div class='blockquote'> - -<p class='noindent'>“Yet though information is lacking in very many cases, -details are available to prove that, during the period under -review, at least 38 Allied merchant ships exclusive of those -in convoys have been torpedoed without warning in or near -the ‘total blockade’ area.</p> -<hr class='tbk298'/> -<p class='noindent'>“That the Germans themselves have no exaggerated regard -for the area is proved by the fact that of the 38 ships referred -to at least 16 were torpedoed outside the limits of the war -zone.”</p> - -</div> - -<p class='pindent'>My Lord, the next page deals with a specific case illustrating the -matter set out above. It is in the first paragraph of that page, the -third sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The sinking of the <span class='it'>City of Benares</span> on the 17th September -1940 is a good example of this. The <span class='it'>City of Benares</span> was an -11,000-ton liner with 191 passengers on board, including -nearly 100 children. She was torpedoed without warning just -outside the ‘war zone,’ with the loss of 258 lives, including -<span class='pageno' title='213' id='Page_213'></span> -77 children. It was blowing a gale, with hail and rain squalls -and a very rough sea when the torpedo struck her at about -10 p. m. In the darkness and owing to the prevailing weather -conditions, at least four of the 12 boats lowered were -capsized. Others were swamped and many people were -washed right off. In one boat alone 16 people, including -11 children, died from exposure; in another 22 died, including -15 children; in a third 21 died. The point to be emphasized -is not the unusual brutality of this attack but rather that -such results are inevitable when a belligerent disregards the -rules of sea warfare as the Germans have done and are doing.”</p> - -</div> - -<p class='noindent'>I think the rest of that paragraph is not important.</p> - -<p class='pindent'>I turn to the next document, 641(c), which is part of Exhibit -GB-191.</p> - -<p class='pindent'>THE PRESIDENT: It is clear, I suppose, from that statement of -facts that there was no warning whatever given?</p> - -<p class='pindent'>COL. PHILLIMORE: No, My Lord.</p> - -<p class='pindent'>THE PRESIDENT: We think that you should read the next -paragraph too.</p> - -<p class='pindent'>COL. PHILLIMORE: If Your Lordship pleases.</p> - -<div class='blockquote'> - -<p class='noindent'>“There are hundreds of similar stories, stories of voyages for -days in open boats in Atlantic gales, of men in the water -clinging for hours to a raft and gradually dropping off one -by one, of crews being machine-gunned as they tried to -lower their boats or as they drifted away in them, of seamen -being blown to pieces by shells and torpedoes and bombs. -The enemy must know that such things are the inevitable -result of the type of warfare he has chosen to employ.”</p> - -</div> - -<p class='noindent'>My Lord, the rest is very much to the same general effect.</p> - -<p class='pindent'>The document, 641(c), is merely a certificate giving the total -sinkings by U-boats during the war (1939 to 1945) as 2,775 British, -Allied, and neutral ships totalling 14,572,435 gross registered tons.</p> - -<p class='pindent'>My Lord, it is perhaps worth considering one example not -quoted in the above reports of the ruthless nature of the actions -conducted by the defendant’s U-boat commanders, particularly as -both British and German versions of the sinkings are available. -I turn to the next document, “The sinking of S. S. <span class='it'>Sheaf Mead</span>.” -That is Document D-644, which I put in as Exhibit GB-192. If I -might read the opening paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The British S. S. <span class='it'>Sheaf Mead</span> was torpedoed without -warning on 27 May 1940. . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: This is the German account, is it not? -<span class='pageno' title='214' id='Page_214'></span></p> - -<p class='pindent'>COL. PHILLIMORE: This is actually in the form of a British -report. It includes the German account in the shape of a complete -extract from the log.</p> - -<p class='pindent'>THE PRESIDENT: It bears the words, “top secret”?</p> - -<p class='pindent'>COL. PHILLIMORE: Yes, My Lord, this was at the time a top secret -document. That was some while ago.</p> - -<div class='blockquote'> - -<p class='noindent'>“The British S. S. <span class='it'>Sheaf Mead</span> was torpedoed without warning -on 27 May 1940, with the loss of 31 of the crew. The -commander of the U-boat responsible is reported to have -behaved in an exceptionally callous manner towards the men -clinging to upturned boats and pieces of wood. It was thought -that this man was Kapitänleutnant Öhrn of <span class='it'>U-37</span>: The -following extract from his log for 27 May 1940 leaves no -doubt on the matter and speaks for itself as to his behaviour.”</p> - -</div> - -<p class='pindent'>Again turning to the relevant extract from the log, on the second -page, the time is marked on the document as 1554.</p> - -<div class='blockquote'> - -<p class='noindent'>“Surface. Stern is underwater.”—referring to the ship which -has been torpedoed—“Stern is underwater. Bows rise -higher. The boats are now on the water. Lucky for them. -A picture of complete order. They lie at some distance. The -bows rear up quite high. Two men appear from somewhere -in the forward part of the ship. They leap and rush with -great bounds along the deck down the stern. The stern -disappears. A boat capsizes. Then a boiler explosion. Two -men fly through the air, limbs outstretched. Bursting and -crushing. Then all is over. A large heap of wreckage floats -up. We approach it to identify the name. The crew have -saved themselves on wreckage and capsized boats. We fish -out a buoy. No name on it. I ask a man on the raft. He says, -hardly turning his head, ‘Nix Name.’ A young boy in the -water calls, ‘Help, help, please!’ The others are very composed. -They look damp and somewhat tired. An expression -of cold hatred is on their faces. On to the old course. After -washing the paint off the buoy, the name comes to light: -Greatafield, Glasgow, 5,006 gross registered tons.”</p> - -</div> - -<p class='noindent'>“On to the old course” means merely that the U-boat makes off.</p> - -<p class='pindent'>Then the next page of that document contains an extract from -the report of the chief engineer of the <span class='it'>Sheaf Mead</span>. The relevant -paragraphs are the first and the last:</p> - -<div class='blockquote'> - -<p class='noindent'>“When I came to the surface I found myself on the port side, -that is, nearest to the submarine, which was only about -5 yards away. The submarine captain asked the steward -the name of the ship, which he told him, and the enemy -picked up one of our lifebuoys, but this had the name -<span class='pageno' title='215' id='Page_215'></span> -Greatafield on it, as this was the name of our ship before it -was changed to <span class='it'>Sheaf Mead</span> last January.”</p> - -</div> - -<p class='pindent'>In the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“She had cut-away bows, but I did notice a net-cutter. Two -men stood at the side with boat-hooks to keep us off.</p> -<hr class='tbk299'/> -<p class='noindent'>“They cruised around for half an hour, taking photographs -of us in the water. Otherwise they just watched us, but said -nothing. Then she submerged and went off, without offering -us any assistance whatever.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Is there any suggestion in the German report -that any warning was given?</p> - -<p class='pindent'>COL. PHILLIMORE: No, My Lord. It is quite clear, indeed, that -it was not.</p> - -<p class='pindent'>Under the time 1414 there is a description of the sighting -of the ship and the difficulty in identifying; and then at the top -of the page:</p> - -<div class='blockquote'> - -<p class='noindent'>“The distance apart is narrowing. The steamship draws in -quickly, but the position is still 40-50. I cannot see the stern -yet. Tube ready. Shall I or not? The gunnery crews are also -prepared. On the ship’s side a yellow cross in a small, -square, dark blue ground. Swedish? Presumably not. I raise -the periscope a little. Hurrah, a gun at the stern, an A/A gun -or something similar. Fire! It cannot miss. . .”—and then -the sinking.</p> - -</div> - -<p class='pindent'>Now that it is possible to examine some of the actual documents -by which the defendant and his fellow conspirators issued their -orders in disregard of international law, you may think the -compilers of the above reports understated the case. These orders -cover not only the period referred to in the reports, but also the -subsequent course of the war. It is interesting to note in them -the steps by which the defendants progressed. At first they were -content with breaching the rules of international law to the extent -of sinking merchant ships, including neutral ships, without warning -where there was a reasonable prospect of being able to do so without -discovery. The facts already quoted show that the question of -whether ships were defensively armed or outside the declared -operational areas was in practice immaterial.</p> - -<p class='pindent'>I go to the next document in the document book, C-191, which -I put in as Exhibit GB-193. That is a memorandum by the German -naval war staff, dated 22 September 1939. It sets out:</p> - -<div class='blockquote'> - -<p class='noindent'>“Flag Officer U-boats intends to give permission to U-boats to -sink without warning any vessels sailing without lights.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='216' id='Page_216'></span></p> - -<p class='noindent'>Reading from the third sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“In practice there is no opportunity for attacking at night, -as the U-boat cannot identify a target which is a shadow in -a way that entirely obviates mistakes being made. If the -political situation is such that even possible mistakes must be -ruled out, U-boats must be forbidden to make any attacks at -night in waters where French and English naval forces or -merchant ships may be situated. On the other hand, in sea -areas where only English units are to be expected, the -measures desired by Flag Officer U-boats can be carried -out; permission to take this step is not to be given in writing, -but need merely be based on the unspoken approval of the -Naval Operations Staff.</p> -<hr class='tbk300'/> -<p class='noindent'>“U-boat commanders should be informed by word of mouth, -and the sinking of a merchant ship must be justified in the -War Diary as due to possible confusion with a warship or an -auxiliary cruiser. In the meanwhile, U-boats in the English -Channel have received instructions to attack all vessels -sailing without lights.”</p> - -</div> - -<p class='pindent'>Now I go to the next document, C-21, which I put in as Exhibit -GB-194. My Lord, this document consists of a series of extracts -from the War Diary of the German naval war staff of the German -Admiralty. The second extract, at Page 5, relates a conference -with the head of the naval war staff, report of the 2 January 1940, -and then reading:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) Report by Ia”—that is the Staff Officer Operations on the -naval war staff. . .</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Shouldn’t you read above that, Paragraph 1/b?</p> - -<p class='pindent'>COL. PHILLIMORE: Yes, if Your Lordship pleases. It is important. -The others are much to the same effect. If I might read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Report by Ia.”—This is one report by Ia on the directive of -Armed Forces High Command of 30 December.</p> -<hr class='tbk301'/> -<p class='noindent'>“According to this, the Führer, on report of Commander-in-Chief -of the Navy, has decided: (a) Greek merchant vessels -are to be treated as enemy vessels in the zone blockaded by -U.S.A. and Britain; (b) in the Bristol Channel all ships may -be attacked without warning. For external consumption -these attacks should be given out as hits by mines. Both -measures may be taken with immediate effect.”</p> - -</div> - -<p class='pindent'>The next extract, a report by Ia, that is, the Staff Officer -Operations on the naval war staff on the directive of Armed Forces -High Command, dated 30 December:</p> - -<div class='blockquote'> - -<p class='noindent'>“Referring to intensified measures in naval and air warfare -in connection with ‘Fall Gelb’. -<span class='pageno' title='217' id='Page_217'></span></p> -<hr class='tbk302'/> -<p class='noindent'>“In consequence of this directive, the Navy is authorized, -simultaneously with the general intensification of the war, -to sink by U-boats, without any warning, all ships in those -waters near the enemy coasts in which mines can be -employed. In this case, for external consumption, pretence -should be made that mines are being used. The behaviour -of, and use of weapons by, U-boats should be adapted to -this purpose.”</p> - -</div> - -<p class='pindent'>And then the third extract, dated 6 January 1940:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . pursuant to the Führer’s consent on principle (see -minutes of report of Commander-in-Chief Navy of 30 December) -to authorize firing without warning while maintaining -the pretence of mine hits in certain parts of the -American blockade zone. . . .”</p> - -</div> - -<p class='pindent'>Well, then the order is given to Flag Officer U-boats carrying -out that decision.</p> - -<p class='pindent'>The next extract, dated the 18th of January 1940, adds to some -extent, and if I may read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“The High Command of the Armed Forces has issued the -following directive dated 17th of January, cancelling the -previous order concerning intensified measures of warfare -against merchantmen.</p> -<hr class='tbk303'/> -<p class='noindent'>“The Navy is authorized, with immediate effect, to sink by -U-boats without warning all ships in those waters near the -enemy coasts in which the use of mines is possible.”—My -Lord, that is an extension of the area.—“U-boats must adapt -their behavior and employment of weapons to the pretence, -which is to be maintained in these cases, that the hits were -caused by mines. Ships of the United States, Italy, Japan, -and Russia are exempted from these attacks.”</p> - -</div> - -<p class='noindent'>Well, then there is a note emphasizing the point about maintaining -the pretense of mine hits and the last extract is, I think, purely -cumulative.</p> - -<p class='pindent'>The next document, C-118, I put in as Exhibit GB-195. This is -an extract from the B.d.U. War Diary, that is to say the defendant’s -war diary. It is dated the 18th of July 1941, and it consists of a -further extension of that order by the cutting down of the -protected categories.</p> - -<div class='blockquote'> - -<p class='noindent'>“Supplementary to the order forbidding, for the time being, -attacks on U.S. warships and merchant vessels in the operational -area of the North Atlantic, the Führer has ordered the -following:</p> -<hr class='tbk304'/> -<p class='noindent'>“1. Attacks on U.S. merchant vessels sailing in British or U.S. -convoys, or independently are authorized in the original -<span class='pageno' title='218' id='Page_218'></span> -operational area which corresponds in its dimensions to the -U.S. blockade zone and which does not include the sea-route -U.S. to Iceland.”</p> - -</div> - -<p class='pindent'>As the members of the Tribunal will have seen from these -orders, at one date the ships of a particular neutral under certain -conditions could be sunk while those of another could not. It would -be easy to put before the Tribunal a mass of orders and instances -to show that the attitude to be adopted toward ships of particular -neutrals changed at various times. The point is that the defendant -conducted the U-boat war against neutrals with complete cynicism -and opportunism. It all depended on the political relationship of -Germany toward a particular country at a particular time whether -her ships were sunk or not.</p> - -<p class='pindent'>My Lord, I turn to the next document in the document book, -D-642, which I put in as Exhibit GB-196. My Lord, this is a series -of orders; the first, I should say, of a series of orders leading up to -the issue of an order which enjoined the U-boat commanders not -merely to abstain from rescuing crews, which is the purpose of this -order, not merely to give them no assistance but deliberately to -annihilate them.</p> - -<p class='pindent'>My Lord, in the course of my proof of this matter, I shall call -two witnesses. The first witness will give the Court an account of a -speech made by the defendant at the time that he issued the order -describing the policy, or his policy toward the recovery of Allied -troops: that it must be stopped at all costs.</p> - -<p class='pindent'>The second witness is the officer who actually briefed crews on -the order.</p> - -<p class='pindent'>My Lord, this document is an extract from the standing orders of -the U-boat command, an extract from Standing Order Number 154, -and it is signed by the defendant:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paragraph e) Do not pick up men or take them with you. Do -not worry about the merchant ship’s boats. Weather conditions -and distance from land play no part. Have a care only for -your own ship and strive only to attain your next success as -soon as possible. We must be harsh in this war. The enemy -began the war in order to destroy us, so nothing else matters.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: What is the date of that?</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, that order, the copy we have, is -not dated, but a later order, Number 173, which was issued concurrently -with an operational order, is dated the 2d of May 1940. -The Tribunal may take it, it is earlier than the 2d of May 1940. -My Lord, that is a secret order.</p> - -<p class='pindent'>THE PRESIDENT: Earlier than May 1940?</p> - -<p class='pindent'>COL. PHILLIMORE: Earlier than May 1940. -<span class='pageno' title='219' id='Page_219'></span></p> - -<p class='pindent'>It was, however, in 1942, when the United States entered the war -with its enormous shipbuilding capacity, that the change thus -brought about necessitated a further adjustment in the methods -adopted by the U-boats and of the defendant; and the defendant was -guilty of an order which intended not merely the sinking of merchant -ships, not merely the abstention from rescue of the crews, but their -deliberate extermination.</p> - -<p class='pindent'>My Lord, the next document in the document book shows the -course of events, Document D-423, and I put it in as Exhibit GB-197. -It is a record of a conversation between Hitler and the Japanese -Ambassador Oshima, in the presence of the Defendant Ribbentrop, -on the 3 of January 1942.</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer, using a map, explains to the Japanese Ambassador -the present position of marine warfare in the Atlantic, -emphasizing that what he considers his most important task -is to get the U-boat warfare going in full swing. The U-boats -are being re-organized. Firstly, he had recalled all U-boats -operating in the Atlantic. As mentioned before, they would -now be posted outside United States ports. Later, they would -be off Freetown and the larger boats even as far down as -Capetown.”</p> - -</div> - -<p class='pindent'>And then, after further details:</p> - -<div class='blockquote'> - -<p class='noindent'>“After having given further explanations on the map, the -Führer pointed out that, however many ships the United -States built, one of their main problems would be the lack -of personnel. For that reason even merchant ships would be -sunk without warning with the intention of killing as many -of the crew as possible. Once it gets around that most of the -seamen are lost in the sinkings, the Americans would soon -have difficulties in enlisting new people. The training of -sea-going personnel takes a very long time. We are fighting -for our existence and our attitude cannot be ruled by any -humane feelings. For this reason he must give the order that -in case foreign seamen could not be taken prisoner, which is -in most cases not possible on the sea, U-boats were to surface -after torpedoing and shoot up the lifeboats.</p> -<hr class='tbk305'/> -<p class='noindent'>“Ambassador Oshima heartily agreed with the Führer’s -comments, and said that the Japanese, too, are forced to -follow these methods.”</p> - -</div> - -<p class='pindent'>My Lord, the next document, D-446, I put in as Exhibit GB-198. -I do not propose to read it. It is an extract from B. d. U. War -Diary of the 16th of September 1942; and it is part of the story in -the sense that it was on the following day that the order I complain -of was issued, and the Defense will, no doubt, wish to rely on it. It -records an attack on a U-boat which was rescuing survivors, chiefly -<span class='pageno' title='220' id='Page_220'></span> -the Italian survivors of the Allied liner <span class='it'>Laconia</span>, when it was -attacked by an Allied aircraft.</p> - -<p class='pindent'>My Lord, the next document, D-630, I put in as Exhibit GB-199. -It contains four documents. The first is a top secret order, sent -to all commanding officers of U-boats from the defendant’s -headquarters, dated 17th of September 1942:</p> - -<div class='blockquote'> - -<p class='noindent'>“1. No attempt of any kind must be made at rescuing -members of ships sunk; and this includes picking up persons -in the water and putting them in lifeboats, righting capsized -lifeboats and handing over food and water. Rescue runs -counter to the rudimentary demands of warfare for the destruction -of enemy ships and crews.</p> -<hr class='tbk306'/> -<p class='noindent'>“2. Orders for bringing in captains and chief engineers still -apply.</p> -<hr class='tbk307'/> -<p class='noindent'>“3. Rescue the shipwrecked only if their statements will be of -importance to your boat.</p> -<hr class='tbk308'/> -<p class='noindent'>“4. Be harsh, having in mind that the enemy takes no regard -of women and children in his bombing attacks on German -cities.”</p> - -</div> - -<p class='pindent'>Now, My Lord, that is, of course, a very carefully worded order. -Its intentions are made very clear by the next document on that -same page, which is an extract from the defendant’s war diary; -and I should say there, as appears from the copy handed in to the -Court, the war diary is personally signed by the Defendant Dönitz. -It is the war diary entry for the 17th of September 1942:</p> - -<div class='blockquote'> - -<p class='noindent'>“The attention of all commanding officers is again drawn”—and -I would draw the Tribunal’s attention to the word -“again”—“to the fact that all efforts to rescue members of the -crews of ships which have been sunk contradict the most -primitive demands for the conduct of warfare for annihilating -enemy ships and their crews. Orders concerning the bringing -in of the captains and chief engineers still stand.”</p> - -</div> - -<p class='pindent'>The last two documents on that page consist of a telegram from -the commander of the U-boat <span class='it'>Schacht</span> to the defendant’s headquarters -and the reply. <span class='it'>Schacht</span> had been taking part in the -rescue of survivors from the <span class='it'>Laconia</span>. The telegram from <span class='it'>Schacht</span>, -dated the 17th of September 1942, reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“163 Italians handed over to <span class='it'>Annamite</span>. Navigating officer -of <span class='it'>Laconia</span> and another English officer on board.”</p> - -</div> - -<p class='noindent'>And then it goes on setting out the position of English and Polish -survivors in boats.</p> - -<p class='pindent'>The reply sent on the 20th:</p> - -<div class='blockquote'> - -<p class='noindent'>“Action as in wireless telegram message of 17th of September -was wrong. Boat was detailed to rescue Italian allies and -not for the rescue of English and Poles.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='221' id='Page_221'></span></p> - -<p class='pindent'>It is a small point, but of course “detailed” means before the -bombing incident had ever occurred.</p> - -<p class='pindent'>And then as for the next document, D-663, that was issued later -and may not yet have been inserted in the Tribunal’s Document -Book; D-663 I put in as Exhibit GB-200. My Lord, this is an -extract from an operation order, “Operation Order Atlantic -Number 56,” dated the 7th of October 1943, and the copy put in -is part of sailing orders to a U-boat. As I shall prove through the -second witness, although the date of this order is the 7th of October -1943, in fact it is only a reproduction of an order issued very much -earlier, in the autumn of 1942.</p> - -<div class='blockquote'> - -<p class='noindent'>“Rescue ships: A so-called rescue ship is generally attached to -every convoy, a special ship of up to 3,000 gross registered -tons, which is intended for the picking up of survivors after -U-boat attacks. These ships are for the most part equipped -with a shipborne aircraft and large motorboats, are strongly -armed with depth charge throwers, and are very maneuverable, -so that they are often taken for U-boat traps by the -commander.”</p> - -</div> - -<p class='noindent'>And then, the last sentence:</p> - -<div class='blockquote'> - -<p class='pindent'>“In view of the desired destruction of ships’ crews, their -sinking is of great value.”</p> - -</div> - -<p class='pindent'>If I might just sum up those documents, it would appear from -the War Diary entry of the 17th of September that orders on the -lines discussed between Hitler and Oshima were, in fact, issued, but -we have not captured them. It may be they were issued orally -and that the defendant awaited a suitable opportunity before confirming -them. The incident of the bombing of the U-boats detailed -to rescue the Italian survivors from the <span class='it'>Laconia</span> afforded the -opportunity and the order to all commanders was issued. Its intent -is very clear when you consider it in the light of the War Diary -entry. The wording is, of course, extremely careful but to any -officer of experience its intention was obvious and he would know -that deliberate action to annihilate survivors would be approved -under that order.</p> - -<p class='pindent'>You will be told that this order, although perhaps unfortunately -phrased, was merely intended to stop a commander from jeopardizing -his ship by attempting a rescue, which had become -increasingly dangerous, as a result of the extended coverage of the -ocean by Allied aircraft; and that the notorious action of the U-boat -Commander Eck in sinking the Greek steamer <span class='it'>Peleus</span> and then -machine-gunning the crew on their rafts in the water, was an -exception; and that, although it may be true that a copy of the -order was on board, this action was taken solely, as he himself -swore, on his own initiative. -<span class='pageno' title='222' id='Page_222'></span></p> - -<p class='pindent'>I would make the point to the Tribunal that if the intention of -this order was to stop the rescue attempts in the interests of the -preservation of the U-boat, first of all it would have been done by -calling attention to Standing Order 154.</p> - -<p class='pindent'>Second, this very fact would have been prominently stated in -the order. Drastic orders of this nature are not drafted by experienced -staff officers without the greatest care and an eye to their possible -capture by the enemy.</p> - -<p class='pindent'>Third, if it was necessary to avoid the risks attendant on -standing by or surfacing, not only would this have been stated but -there would have been no question of taking any prisoners at all -except possibly in circumstances where virtually no risk in -surfacing was to be apprehended.</p> - -<p class='pindent'>Fourth, the final sentence of the first paragraph would have read -very differently.</p> - -<p class='pindent'>And fifth, if, in fact—and the Prosecution do not for one moment -accept it—the defendant did not mean to enjoin murder, his order -was so worded that he cannot escape the responsibility which -attaches to such a document.</p> - -<p class='pindent'>My Lord, I would call my first witness, Peter Heisig.</p> - -<p class='pindent'>[<span class='it'>The witness, Peter Josef Heisig, took the stand.</span>]</p> - -<p class='pindent'>THE PRESIDENT: What is your name?</p> - -<p class='pindent'>PETER JOSEF HEISIG (Witness): My name is Peter Josef -Heisig.</p> - -<p class='pindent'>THE PRESIDENT: Say this: “I swear by God—the Almighty -and Omniscient—that I will speak the pure truth—and will withhold -nothing and add nothing.”</p> - -<p class='pindent'>[<span class='it'>The witness repeated the oath in German.</span>]</p> - -<p class='pindent'>COL. PHILLIMORE: Peter Josef Heisig, are you an Oberleutnant -zur See in Germany?</p> - -<p class='pindent'>HEISIG: I am Oberleutnant zur See in the German Navy.</p> - -<p class='pindent'>COL. PHILLIMORE: And were you captured on the 27th of -December 1944, and now held as a prisoner of war?</p> - -<p class='pindent'>HEISIG: Yes.</p> - -<p class='pindent'>COL. PHILLIMORE: Did you swear an affidavit on the 27th of -November 1945?</p> - -<p class='pindent'>HEISIG: Yes.</p> - -<p class='pindent'>COL. PHILLIMORE: And is that your signature? [<span class='it'>Document -D-566 was submitted to the witness.</span>]</p> - -<p class='pindent'>My Lord, that is the Document D-566.</p> - -<p class='pindent'>HEISIG: That is the document I signed. -<span class='pageno' title='223' id='Page_223'></span></p> - -<p class='pindent'>COL. PHILLIMORE: I put that in as Exhibit GB-201.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] Will you take your mind back to the -autumn of 1942? What rank did you hold at that time?</p> - -<p class='pindent'>HEISIG: I was senior midshipman at the 2d U-boat Training -Division.</p> - -<p class='pindent'>COL. PHILLIMORE: Were you attending a course there?</p> - -<p class='pindent'>HEISIG: I took part in the training course for U-boat officers -of the watch.</p> - -<p class='pindent'>COL. PHILLIMORE: Do you remember the last day of the -course?</p> - -<p class='pindent'>HEISIG: On the last day of the course, Grossadmiral Dönitz, -who was then Commander-in-Chief of the U-boats, reviewed the -2d U-boat Training Division.</p> - -<p class='pindent'>COL. PHILLIMORE: And what happened at the end of this -tour?</p> - -<p class='pindent'>HEISIG: At the end of his visit—not at the end but rather -during his visit—Grossadmiral Dönitz made a speech before the -officers of the 2d U-boat Training Division.</p> - -<p class='pindent'>COL. PHILLIMORE: Can you fix the date of his visit?</p> - -<p class='pindent'>HEISIG: I remember the approximate date; it must have been -at the end of September or the beginning of October 1942.</p> - -<p class='pindent'>COL. PHILLIMORE: Now, will you give the Tribunal—speaking -slowly—an account of what Admiral Dönitz said in his speech?</p> - -<p class='pindent'>HEISIG: Grossadmiral Dönitz said in his speech that the -successes of the U-boats had declined. The strength of enemy air -control was responsible for that decline. New antiaircraft guns had -been developed which would in future make it possible for the -U-boats to fight off enemy aircraft. Hitler had personally given him -the assurance that U-boats would be equipped with these antiaircraft -guns before all other branches of the Armed Forces. It could be -expected therefore that the successes of former times would be -reached again within a few months. After speaking about his good -relations with Hitler, Grossadmiral Dönitz discussed the German -armament program.</p> - -<p class='pindent'>A question by an officer regarding a newspaper article which stated -that the Allied countries were building more than a million tons of -merchant shipping every month, Admiral Dönitz answered by -saying that he doubted the credibility of this estimate and said it -was based on an announcement by President Roosevelt. He then -spoke briefly about President Roosevelt, about the American production -program and armament potential, and added that the Allies -had great difficulty in manning their ships. Allied seamen considered -the route across the Atlantic dangerous, because German -<span class='pageno' title='224' id='Page_224'></span> -U-boats were sinking Allied ships in great numbers. Many of the -Allied seamen had been torpedoed more than once; these facts -spread and make the seamen reluctant to go to sea again. Some of -them were even trying to shirk a crossing of the Atlantic, so that -the Allied authorities were compelled, if it became necessary, to -retain the men aboard by force of law. Such indications were -favorable to the Germans. From the facts that, firstly, the Allies were -building very many new merchant ships and, secondly, that the -Allies were having considerable difficulties in manning these newly -built ships, Admiral Dönitz concluded that the question of personnel -was a very grave matter for the Allies. The losses in men affected -the Allies especially seriously, because they had few reserves and -also because. . .</p> - -<p class='pindent'>COL. PHILLIMORE: I don’t want to interrupt you, but did he -say anything about rescues at all? You have told us about the -Allied losses and how serious they were.</p> - -<p class='pindent'>HEISIG: Yes, he mentioned rescues, but I would like to speak -about that later.</p> - -<p class='pindent'>Grossadmiral Dönitz said that the losses of the Allies affected -them very seriously, because they had no reserves and also because -the training of new seamen required a very long time. He could -not, therefore, understand it, if submarines were still. . .</p> - -<p class='pindent'>THE PRESIDENT: Colonel Phillimore, just a moment. I don’t -think we want to hear the whole of Admiral Dönitz’ speech. We -want to hear the material part of it.</p> - -<p class='pindent'>COL. PHILLIMORE [<span class='it'>to the witness.</span>]: Now, you have dealt with -the question of losses. Will you come to the crucial part of the -speech, at the end, and deal with that? What did the Grand Admiral -go on to say?</p> - -<p class='pindent'>DR. THOMA: The testimony of the witness does not concern me -directly, but I have an objection to raise. According to German law -and according to the German Code of Criminal Procedure, the -witness must say everything he knows about a matter. If he is -asked about a speech of Grossadmiral Dönitz, he must not, at least -according to German law, relate only those parts which, in the -opinion of the Prosecution, are unfavorable to the defendant. I -believe this principle should also apply in these proceedings, -whenever a witness is questioned.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal is not bound by German law. -I have already said that the Tribunal does not desire to hear from -this witness all of Admiral Dönitz’ speech.</p> - -<p class='pindent'>It will be open to any of the counsel for the defendants to -cross-examine this witness. Your intervention is therefore entirely -unnecessary. -<span class='pageno' title='225' id='Page_225'></span></p> - -<p class='pindent'>COL. PHILLIMORE [<span class='it'>to the witness.</span>]: Now, will you deal with -the crucial parts of the Grand Admiral’s speech?</p> - -<p class='pindent'>HEISIG: Grossadmiral Dönitz continued, saying approximately -that under the circumstances he could not understand how German -U-boats could still rescue the crews of the merchant ships they had -sunk, thereby endangering their own ships. By doing that, they -were working for the enemy, since these rescued crews would sail -again on new ships.</p> - -<p class='pindent'>The stage had now been reached in which total war had to be -waged also at sea. The crews of ships, like the ships themselves, -were a target for the U-boats; thus it would be impossible for the -Allies to man their newly-built ships; and moreover it could then -be expected that in America and the other Allied countries a -strike would break out, for already a part of the seamen did not -want to go back to sea.</p> - -<p class='pindent'>These results could be expected if our tactics would render the -war at sea more vigorous. If any of us consider this war or these -tactics harsh we should also remember that our wives and our -families at home are being bombed.</p> - -<p class='pindent'>That, in its main points, was the speech of Grossadmiral Dönitz.</p> - -<p class='pindent'>COL. PHILLIMORE: Now, about how many officers were -present and heard that speech?</p> - -<p class='pindent'>HEISIG: I have no experience in fixing the number of people -present at large indoor gatherings. I can only give you a rough -estimate: approximately 120 officers.</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, the witness is available for -cross-examination.</p> - -<p class='pindent'>THE PRESIDENT: Does the United States prosecutor wish to ask -any question?</p> - -<p class='pindent'>[<span class='it'>There was no response.</span>]</p> - -<p class='pindent'>The Soviet prosecutor?</p> - -<p class='pindent'>[<span class='it'>There was no response.</span>]</p> - -<p class='pindent'>The French prosecutor?</p> - -<p class='pindent'>[<span class='it'>There was no response.</span>]</p> - -<p class='pindent'>Now, any of the defendants’ counsel may cross-examine the -witness.</p> - -<p class='pindent'>FLOTTENRICHTER OTTO KRANZBÜHLER (Counsel for -Defendant Dönitz): I represent Grossadmiral Dönitz.</p> - -<p class='pindent'>THE PRESIDENT: Counsel will understand that what I said to -Dr. Thoma was not intended to interfere with your cross-examination; -it was only intended to save time. The Tribunal did -not desire to hear unimportant passages in the Defendant Dönitz’ -<span class='pageno' title='226' id='Page_226'></span> -speech. Therefore, they did not want to hear them from this -witness. However, you are at liberty to ask any questions that you -please.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Oberleutnant Heisig, did -you yourself take part in an action against the enemy?</p> - -<p class='pindent'>HEISIG: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: On which boat were you, -and who was your commander?</p> - -<p class='pindent'>HEISIG: I was on U-877, under Kapitänleutnant Finkeisen.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Please repeat your answer.</p> - -<p class='pindent'>HEISIG: I served on U-877 in an action against the enemy, and -the commander was Kapitänleutnant Finkeisen.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Were you successful in -action against enemy ships?</p> - -<p class='pindent'>HEISIG: The boat was sunk on its way to the area of operations.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Before you were able -to sink an enemy ship?</p> - -<p class='pindent'>HEISIG: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: How was the boat sunk?</p> - -<p class='pindent'>HEISIG: By depth charges. Two Canadian frigates sighted the -U-boat and destroyed it through depth charges.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Your testimony today -differs in an essential point from the statement you made on the -27th of November. How did you come to make this statement of -the 27th of November?</p> - -<p class='pindent'>HEISIG: I made the statement in defense of my comrades who -were put before a military court in Hamburg and sentenced to -death for the murder of shipwrecked sailors.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Your statement begins -by saying that you had received reports that German sailors were -being accused of murder and that you therefore considered it your -duty to depose the following affidavit.</p> - -<p class='pindent'>What reports had you received, and when?</p> - -<p class='pindent'>HEISIG: At the beginning of the Hamburg proceedings against -Kapitänleutnant Eck and his officers I was a prisoner of war in -Great Britain; there I heard on the radio and read in newspapers -that these officers were to be tried. Since I knew one of the -accused officers, Leutnant August Hoffmann, very well and had -spoken with him on this subject on two or three occasions, I considered -it to be my duty to come to his assistance and to his defense. -<span class='pageno' title='227' id='Page_227'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Were you not told in -your interrogation on the 27th of November that the death sentence -against Eck and Hoffmann had already been confirmed?</p> - -<p class='pindent'>HEISIG: That—I don’t remember whether it was on the 27th of -November, I only remember that I was told here that the death -sentence had been carried out. I no longer remember the date, as -I was interrogated several times.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Since you have knowledge -of the circumstances, do you maintain that the speech of -Grossadmiral Dönitz mentioned in any way that fire should be -opened on shipwrecked sailors?</p> - -<p class='pindent'>HEISIG: No; we gathered that from his words; and from his -reference to the bombing war, we gathered that total war had now -to be waged against ships and crews. That is what we understood, -and I talked about it to my comrades on the way back to the Hansa.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Speak slowly, please.</p> - -<p class='pindent'>HEISIG: We were convinced that Admiral Dönitz meant that. -He did not express it clearly.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you speak about -this point with any of your superiors at the school?</p> - -<p class='pindent'>HEISIG: I left the school on the same day. But I can remember -that one of my superiors, whose name to my regret I do not -recall—nor do I recall the occasion—once spoke to us about this -subject and advised us that, if possible, only officers should be on -the bridge ready to annihilate shipwrecked sailors, should the -possibility arise, or should it be necessary.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: One of your superiors -told you that?</p> - -<p class='pindent'>HEISIG: Yes, but I cannot remember in which connection and -where. I received a lot of advice from my superiors on many -things.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was it at the school?</p> - -<p class='pindent'>HEISIG: No; I left the U-boat Training Division on the same -day.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Were you instructed at -the school in the standing orders of war?</p> - -<p class='pindent'>HEISIG: Yes; we were instructed in the standing orders of war.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did these standing orders -mention anywhere that shipwrecked sailors were to be fired -on or their rescue apparatus destroyed?</p> - -<p class='pindent'>HEISIG: The standing orders did not mention that. But—I think -one can assume this from an innuendo of Captain Rollmann, who -was then officers’ company commander—a short time before that, -<span class='pageno' title='228' id='Page_228'></span> -some teletype message had arrived containing an order prohibiting -rescue measures and demanding that sea warfare should be fought -with more radical, more drastic means.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you think that the -prohibition of rescue measures is identical with the shooting of -shipwrecked sailors?</p> - -<p class='pindent'>HEISIG: We came to this. . .</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Please, answer my question. -Do you think these two things are identical?</p> - -<p class='pindent'>HEISIG: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: Dr. Thoma, I am afraid the Tribunal will -have to adjourn now; and I have an announcement to make. You -may cross-examine tomorrow.</p> - -<p class='pindent'>DR. THOMA: Thank you.</p> - -<p class='pindent'>THE PRESIDENT: As I have already said, the Tribunal will -not sit in open session this afternoon.</p> - -<p class='pindent'>The announcement that I have to make is in connection with -the organizations which are alleged to be criminal under Article 9 -of the Charter, and this is the announcement:</p> - -<p class='pindent'>The Tribunal has been giving careful consideration to the duty -imposed upon it by Article 9 of the Charter.</p> - -<p class='pindent'>It is difficult to determine the manner in which the representatives -of the named organizations shall be permitted to appear in -accordance with Article 9, without considering the exact nature of -the case presented for the Prosecution.</p> - -<p class='pindent'>For this reason, the Tribunal has come to the conclusion that, at -this stage of the Trial, with many thousands of applications being -made, the case for the Prosecution should be defined with more -precision than appears in the Indictment.</p> - -<p class='pindent'>In these circumstances, therefore, it is the intention of the -Tribunal to invite argument from the Counsel for the Prosecution -and for the Defense, at the conclusion of the case by all prosecutors, -in regard to the questions hereinafter set forth.</p> - -<p class='pindent'>The questions which need further consideration are as follows:</p> - -<p class='pindent'>1. The Charter does not define a criminal organization, and it is -therefore necessary to examine the tests of criminality which must -be applied and to decide the nature of the evidence to be admitted.</p> - -<p class='pindent'>Many of the applicants who have made requests to be heard -assert that they were conscripted into the organization, or that -they were ignorant of the criminal purposes of the organization, -or that they were innocent of any unlawful acts.</p> - -<p class='pindent'>It will be necessary to decide whether such evidence ought to -be received to rebut the charge of the criminal character of the -<span class='pageno' title='229' id='Page_229'></span> -organization, or whether such evidence ought more properly to be -received at the subsequent trials under Article 10 of the Charter, -when the organizations have been declared criminal, if the Tribunal -so decides.</p> - -<p class='pindent'>2. The question of the precise time within which the named -organization is said to have been criminal is vital to the decision -of the Tribunal.</p> - -<p class='pindent'>The Tribunal desires to know from the Prosecution at this -stage whether it is intended to adhere to the limits of time set -out in the Indictment.</p> - -<p class='pindent'>3. The Tribunal desires to know whether, in the light of the -evidence, any class of persons included within the named organizations -should be excluded from the scope of the declaration, and -which, if any.</p> - -<p class='pindent'>In the indictment of the Leadership Corps of the Nazi Party, -the Prosecution have reserved the right to request that Politische -Leiter of subordinate grades or ranks, or of other types or classes, -be exempted from further proceedings without prejudice to other -proceedings or actions against them.</p> - -<p class='pindent'>Is it the intention of the Prosecution to make any such request? -If so, it should be done now.</p> - -<p class='pindent'>4. The Tribunal would be glad if the Prosecution would also:</p> - -<p class='pindent'>(a) Summarize in respect of each named organization the -elements which in their opinion justify the charge of being a -criminal organization.</p> - -<p class='pindent'>(b) Indicate what acts on the part of individual defendants, -indicted in this Trial—in the sense used in Article 9 of the -Charter—justify declaring the groups or organizations of which -they are members to be criminal organizations.</p> - -<p class='pindent'>(c) Submit in writing a summary of proposed findings of fact -as to each organization, with respect to which a finding of criminality -is asked.</p> - -<p class='pindent'>The Tribunal hopes it is not necessary to say to the Prosecution -that it is not seeking to interfere with the undoubted -right of the Prosecution to present its case in its own way, in the -light of the full knowledge of all the documents and facts which -it possesses, but the duty of the Tribunal under Article 9 of the -Charter makes it essential at this time to have the case clearly -and precisely defined.</p> - -<p class='pindent'>This announcement will be communicated to the Chief Prosecutors -and to Defense Counsel in writing.</p> - -<p class='pindent'>The Tribunal will adjourn until 10 o’clock tomorrow morning.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 15 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='230' id='Page_230'></span><h1>THIRTY-FOURTH DAY<br/> <span style='font-size:smaller'>Tuesday, 15 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>THE PRESIDENT: Do any of the other Counsel for the -Defense wish to cross-examine this witness? [<span class='it'>Referring to Peter -Josef Heisig, interrogated the previous day.</span>]</p> - -<p class='pindent'>[<span class='it'>There was no response.</span>]</p> - -<p class='pindent'>Then, Colonel Phillimore, do you wish to re-examine?</p> - -<p class='pindent'>COL. PHILLIMORE: No, My Lord; I have no further questions.</p> - -<p class='pindent'>THE PRESIDENT: Then the witness can go.</p> - -<p class='pindent'>[<span class='it'>The witness left the stand.</span>]</p> - -<p class='pindent'>COL. PHILLIMORE: Before I call my second witness, Karl Heinz -Moehle, an affidavit by him is the next document in the document -book.</p> - -<p class='pindent'>[<span class='it'>Karl Heinz Moehle took the stand.</span>]</p> - -<p class='pindent'>THE PRESIDENT: What is your name?</p> - -<p class='pindent'>KARL HEINZ MOEHLE (Witness): Karl Heinz Moehle.</p> - -<p class='pindent'>THE PRESIDENT: Will you repeat this oath: “I swear by -God—the Almighty and Omniscient—that I will speak the pure -truth—and will withhold and add nothing.”</p> - -<p class='pindent'>[<span class='it'>The witness repeated the oath in German.</span>]</p> - -<p class='pindent'>THE PRESIDENT: You can sit down, if you wish.</p> - -<p class='pindent'>COL. PHILLIMORE: Karl Heinz Moehle, you held the rank of -Korvettenkapitän in the German Navy?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>COL. PHILLIMORE: You served in the German Navy since 1930?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>COL. PHILLIMORE: Will you tell the Tribunal what decorations -you hold?</p> - -<p class='pindent'>MOEHLE: I received the Submarine War Medal; the Iron -Cross, Second Class; the Iron Cross, First Class; the Knight’s -Cross; the War Service Cross, First and Second Class; and the -German Cross in Silver.</p> - -<p class='pindent'>COL. PHILLIMORE: Did you swear to an affidavit covering a -statement you have made on the 21st of July 1945? -<span class='pageno' title='231' id='Page_231'></span></p> - -<p class='pindent'>MOEHLE: Yes, Sir; I made such a statement.</p> - -<p class='pindent'>COL. PHILLIMORE: I show you that document and ask you -to say whether that is your affidavit.</p> - -<p class='pindent'>[<span class='it'>Document 382-PS was submitted to the witness.</span>]</p> - -<p class='pindent'>MOEHLE: Yes, this is my affidavit.</p> - -<p class='pindent'>COL. PHILLIMORE: I put that document in, which is 382-PS, -and it becomes Exhibit GB-202.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] In the autumn of 1942 were you head -of the 5th U-boat Flotilla?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>COL. PHILLIMORE: Were you stationed at Kiel?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>COL. PHILLIMORE: How long did you hold that appointment -altogether?</p> - -<p class='pindent'>MOEHLE: For 4 years.</p> - -<p class='pindent'>COL. PHILLIMORE: Was that from June 1941 until the capitulation?</p> - -<p class='pindent'>MOEHLE: That is correct.</p> - -<p class='pindent'>COL. PHILLIMORE: What were your duties as commander of -that flotilla?</p> - -<p class='pindent'>MOEHLE: My main duties as Flotilla Commander consisted of -the fitting out of U-boats which were to be sent to the front from -home bases, and giving them the orders of the U-boat command.</p> - -<p class='pindent'>COL. PHILLIMORE: Had you any special responsibility to -U-boat commanders in respect of the orders?</p> - -<p class='pindent'>MOEHLE? Yes, Sir; it was my responsibility to see that outgoing -U-boats were provided with the new orders of the U-boat -command.</p> - -<p class='pindent'>COL. PHILLIMORE: Had you any responsibility in explaining -the orders?</p> - -<p class='pindent'>MOEHLE: The orders of the U-boat command were always very -clear and unambiguous. If there were any ambiguities I used to -have these ambiguities cleared up myself at the Staff of the -Commander-in-Chief of U-boats.</p> - -<p class='pindent'>COL. PHILLIMORE: Did you personally see commanders before -they went out on patrol?</p> - -<p class='pindent'>MOEHLE: Yes, each commander before leaving for an operational -cruise went through a so-called commander’s briefing.</p> - -<p class='pindent'>COL. PHILLIMORE: I will go back, if I may, for two or three -questions. Did you personally see commanders before they went -out on patrol? -<span class='pageno' title='232' id='Page_232'></span></p> - -<p class='pindent'>MOEHLE: Yes, each commander before sailing on a mission -went through a briefing session at my office.</p> - -<p class='pindent'>COL. PHILLIMORE: And what did that briefing session consist -of? Were there any questions on the orders?</p> - -<p class='pindent'>MOEHLE: Yes, Sir, all experiences of previous patrols and any -questions of the ship’s equipment were discussed with the commander -at that session. Also, the commanders had an opportunity -at the briefing to clarify any uncertainties, which might have existed -in their minds, by asking questions.</p> - -<p class='pindent'>COL. PHILLIMORE: Apart from your briefing sessions, did -commanders also go to Admiral Dönitz’ headquarters for briefing?</p> - -<p class='pindent'>MOEHLE: As far as that was possible it was done, especially -from the moment when the Commander-in-Chief of U-boats had -transferred his office from Paris to Berlin.</p> - -<p class='pindent'>COL. PHILLIMORE: Do you remember an order in the autumn -of 1942 dealing with lifeboats?</p> - -<p class='pindent'>MOEHLE: Yes. In September 1942 I received a wireless message -addressed to all commanders at sea, and it dealt with that question.</p> - -<p class='pindent'>COL. PHILLIMORE: I show you this document.</p> - -<p class='pindent'>My Lord, that is the exhibit I have already put in as GB-199.</p> - -<p class='pindent'>THE PRESIDENT: What other number has it?</p> - -<p class='pindent'>COL. PHILLIMORE: It is Document D-630.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] Is that the order you are referring to?</p> - -<p class='pindent'>MOEHLE: Yes, that is the order.</p> - -<p class='pindent'>COL. PHILLIMORE: From the time when you were captured -until last Friday had you seen that order?</p> - -<p class='pindent'>MOEHLE: No, Sir.</p> - -<p class='pindent'>COL. PHILLIMORE: It follows, I think, that the account of the -order in your statement was given from recollection?</p> - -<p class='pindent'>MOEHLE: Yes, only from recollection.</p> - -<p class='pindent'>COL. PHILLIMORE: Now, after you got that order did you go -to Admiral Dönitz’ headquarters?</p> - -<p class='pindent'>MOEHLE: Yes, at my first visit to headquarters after receipt -of the order, I personally discussed it with Lieutenant Commander -Kuppisch who was a specialist on the staff of the U-boat command.</p> - -<p class='pindent'>COL. PHILLIMORE: Will you tell the Tribunal what was said -at that meeting?</p> - -<p class='pindent'>MOEHLE: At that meeting I asked Lieutenant Commander -Kuppisch how the ambiguity contained in that order—or I might -<span class='pageno' title='233' id='Page_233'></span> -say, lack of clarity—should be understood. He explained the order -by two illustrations.</p> - -<p class='pindent'>The first example was that of a U-boat in the outer Bay of -Biscay. It was sailing on patrol when it sighted a rubber dinghy -carrying survivors of a British plane. The fact that it was on an -outgoing mission, that is, being fully equipped, made it impossible -to take the crew of the plane on board, although, especially at that -time, it appeared especially desirable to bring back specialists in -navigation from shot-down aircraft crews to get useful information -from them. The commander of the U-boat made a wide circle -around this rubber boat and continued on his mission. When -he returned from his mission he reported this case to the staff of -the Commander-in-Chief of U-boats. The staff officers reproached -him, saying that, if he were unable to bring these navigation -specialists back with him, the right thing to do would have been -to attack that crew, for it was to be expected that, in less than -24 hours at the latest, the dinghy would be rescued by British -reconnaissance forces, and they. . .</p> - -<p class='pindent'>COL. PHILLIMORE: I don’t quite get what you said would -have been the correct action to take. You were saying the correct -thing to do would have been. . .</p> - -<p class='pindent'>MOEHLE: The right thing to do would have been to attack -the air crew as it was not possible to bring back the crew or -these specialists, for it could be expected that that crew would be -found and rescued within a short time by British reconnaissance -forces, and in given circumstances might again destroy one or two -German U-boats.</p> - -<p class='pindent'>The second example. . .</p> - -<p class='pindent'>COL. PHILLIMORE: Did he give you any second example?</p> - -<p class='pindent'>MOEHLE: Yes, the second example I am going to recount now.</p> - -<p class='pindent'>Example 2. During the first month of the U-boat warfare -against the United States a great quantity of tonnage—I do not -recollect the exact figure—had been sunk in the shallow waters off -the American coast. In these sinkings the greater part of the -crews were rescued, because of the close proximity of land. That -was exceedingly regrettable, as to merchant shipping not only -tonnage but also crews belong, and in the meantime these crews -were again able to man newly-built ships.</p> - -<p class='pindent'>COL. PHILLIMORE: You have told us about the ambiguity of -the order. Are you familiar with the way Admiral Dönitz worded -his orders?</p> - -<p class='pindent'>MOEHLE: I do not quite understand the question.</p> - -<p class='pindent'>COL. PHILLIMORE: Are you familiar with the way Admiral -Dönitz normally worded his orders? -<span class='pageno' title='234' id='Page_234'></span></p> - -<p class='pindent'>MOEHLE: Yes. In my opinion, the order need only have read -like this: It is pointed out anew that rescue measures have to be -discontinued for reasons of safety for the submarines. This is how, -I think, the order should have been worded—if only rescue -measures had been forbidden. All. . .</p> - -<p class='pindent'>COL. PHILLIMORE: Are you saying that if it had been intended -only to prohibit rescue measures it would have been sufficient to -refer to the previous order?</p> - -<p class='pindent'>MOEHLE: Yes, Sir; that would have been enough.</p> - -<p class='pindent'>COL. PHILLIMORE: Was that previous order also marked -“top secret”?</p> - -<p class='pindent'>MOEHLE: I do not remember that exactly.</p> - -<p class='pindent'>COL. PHILLIMORE: What was the propaganda at the time with -regard to crews?</p> - -<p class='pindent'>MOEHLE: The propaganda at that time was to the effect that -the enemy was having great difficulty in finding sufficient crews -for his merchant marine and. . .</p> - -<p class='pindent'>THE PRESIDENT: The question as to the propaganda at that -time is too general a question for him to answer.</p> - -<p class='pindent'>COL. PHILLIMORE: If Your Honor pleases, I don’t press it.</p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] From your knowledge of the way -orders were worded, can you tell the Tribunal what you understood -this order to mean?</p> - -<p class='pindent'>MOEHLE: The order meant, in my own opinion, that although -rescue measures remained prohibited, on the other hand it was -desirable in the case of sinkings of merchantmen that there should -be no survivors.</p> - -<p class='pindent'>COL. PHILLIMORE: And was it because you understood this -to be the meaning that you went to Admiral Dönitz’ headquarters?</p> - -<p class='pindent'>MOEHLE: I did not go to the headquarters of the U-boat command -on account of this order alone; these visits took place at -frequent intervals in order to discuss other questions also and to -have the opportunity of keeping constantly in touch with the -views and opinions of the U-boat command, as I had to transmit -them to the commanders.</p> - -<p class='pindent'>COL. PHILLIMORE: How did you brief commanders on this -order?</p> - -<p class='pindent'>MOEHLE: At these briefing sessions I read the wording of the -wireless message to the commanders without making any comment. -In a very few instances some commanders asked me about the -meaning of the order. In such cases I gave them the two examples -that headquarters had given to me. However, I added, “U-boat -<span class='pageno' title='235' id='Page_235'></span> -command cannot give you such an order officially; everybody has -to handle this according to his own conscience.”</p> - -<p class='pindent'>COL. PHILLIMORE: Do you remember an order about rescue -ships?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>COL. PHILLIMORE: Can you say what the date of that order -was?</p> - -<p class='pindent'>MOEHLE: I do not remember the exact date, but I think it must -have been about the same as the order of September 1942.</p> - -<p class='pindent'>COL. PHILLIMORE: May the witness see the Document D-663 -which I put in yesterday?</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>COL. PHILLIMORE: It is the German copy of the document -that I am showing him; the original is being held.</p> - -<p class='pindent'>[<span class='it'>Document D-663 was submitted to the witness.</span>]</p> - -<p class='pindent'>MOEHLE: Yes, Sir; I recognize that order.</p> - -<p class='pindent'>COL. PHILLIMORE: You will note that the date on that document -is the 7th of October 1943.</p> - -<p class='pindent'>MOEHLE: Yes, this order is laid down there in the general -Operational Order Atlantic Number 56. According to my recollection, -this order was already contained in the previous effective -Operational Order Number 54, that is in a wireless message containing -practical experiences and instructions. I cannot remember -exactly. The date is October 1943.</p> - -<p class='pindent'>THE PRESIDENT: Colonel Phillimore, is that order in the -index here?</p> - -<p class='pindent'>COL. PHILLIMORE: Yes, My Lord, that is the Document D-663, -which I put in yesterday as Exhibit GB-200. If it is omitted from -the index, Your Lordship will remember it is the document which, -as I explained yesterday, we just received.</p> - -<p class='pindent'>THE PRESIDENT: Where does it come in?</p> - -<p class='pindent'>COL. PHILLIMORE: It comes in after D-630.</p> - -<p class='pindent'>THE PRESIDENT: Oh yes. Thank you.</p> - -<p class='pindent'>COL. PHILLIMORE: Your Lordship will remember the order; it -deals with rescue ships attached to convoys, and it was on the last -sentence that I relied.</p> - -<p class='pindent'>THE PRESIDENT: Yes, I only wanted to get the words of it.</p> - -<p class='pindent'>COL. PHILLIMORE: Yes, Sir. My Lord, also I have the original -here now and if it is thought necessary the witness can see it, but -he has seen a copy. -<span class='pageno' title='236' id='Page_236'></span></p> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] Do you remember an order about -entries in logs?</p> - -<p class='pindent'>MOEHLE: Yes, Sir. At the time, the exact date I do not -remember, it had been ordered that sinkings and other acts which -were in contradiction to international conventions should not be -entered in the log but should be reported orally after return to -the home port.</p> - -<p class='pindent'>COL. PHILLIMORE: Would you care to say why it is that you -are giving evidence in this case?</p> - -<p class='pindent'>MOEHLE: Yes, Sir; because when I was taken prisoner it was -claimed that I was the author of these orders, and I do not want -to have this charge connected with my name.</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, the witness is available for -examination by my colleagues and for cross-examination.</p> - -<p class='pindent'>THE PRESIDENT: Does any counsel for any defendant wish -to ask the witness any questions?</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Lieutenant Commander -Moehle, since when have you been in the U-boat arm?</p> - -<p class='pindent'>MOEHLE: Since the end of 1936.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know Grossadmiral -Dönitz personally?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Since when?</p> - -<p class='pindent'>MOEHLE: Since October 1937.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you see him here in -this room?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Where?</p> - -<p class='pindent'>MOEHLE: To the left in the rear.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know Grossadmiral -Dönitz as an admiral to whom none of his flotilla chiefs -and commanders could speak?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Or was the opposite the -case?</p> - -<p class='pindent'>MOEHLE: He could be approached by everybody at any time.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Have you yourself been -a commander of a U-boat?</p> - -<p class='pindent'>MOEHLE: Yes, on nine operations. -<span class='pageno' title='237' id='Page_237'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: For how long?</p> - -<p class='pindent'>MOEHLE: From the beginning of the war until April 1941.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: How many ships did -you sink?</p> - -<p class='pindent'>MOEHLE: Twenty ships.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: After sinking ships, did -you destroy the rescue equipment or fire at the survivors?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you have an order -to do that?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Had the danger passed -for a U-boat after the attack on a merchantman?</p> - -<p class='pindent'>MOEHLE: No; the danger to the U-boat does not end when -the attack is over.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Why not?</p> - -<p class='pindent'>MOEHLE: Because in most instances when a ship is sunk, the -ship is in a position to send SOS messages and give its position, -and thus bring striking forces to attack the U-boat at the last -minute.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Is there a maxim in the -U-boat arm that fighting comes before rescuing?</p> - -<p class='pindent'>MOEHLE: I never heard of that rule put in that way.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Prior to the order of -September 1942 did you know of any other orders by which rescue -work was prohibited if it entailed danger to the U-boat?</p> - -<p class='pindent'>MOEHLE: Yes, but I do not know when and where this order -was laid down. It had been ordered that, as a matter of principle, -the safety of one’s own boat takes precedence.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was this ordered only -once, or in several instances?</p> - -<p class='pindent'>MOEHLE: That I cannot say.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know that the -order of September 1942 was given in consequence of an incident -in which German U-boats, contrary to orders, had undertaken rescue -measures?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: And the U-boats were -then attacked by Allied aircraft? -<span class='pageno' title='238' id='Page_238'></span></p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: A minute ago you classified -the order of September 1942 as ambiguous, did you not?</p> - -<p class='pindent'>MOEHLE: Yes, Sir.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: You interpreted it to the -commanders in the sense that the order should include the destruction -of rescue facilities and of the shipwrecked crew?</p> - -<p class='pindent'>MOEHLE: No, not quite; I gave the two examples to the commanders -only if they made an inquiry and I passed them on in -the same way as I had received them from the Commander-in-Chief -Submarine Fleet and they themselves could draw that conclusion -from these two examples.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: In which sentence of the -order do you see a hidden invitation to kill survivors or to destroy -the rescue facilities?</p> - -<p class='pindent'>MOEHLE: In the sentence. . .</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Just a second, I shall -read to you each sentence of the order separately.</p> - -<p class='pindent'>MOEHLE: Very well.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: I read from the Document -D-630:</p> - -<div class='blockquote'> - -<p class='noindent'>“1. No attempt of any kind must be made at rescuing members -of ships sunk, and this includes picking up persons in the -water and putting them in lifeboats, righting capsized -lifeboats, and handing over food and water. These are absolutely -forbidden.”</p> - -</div> - -<p class='noindent'>Do you see it in this sentence?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<div class='blockquote'> - -<p class='noindent'>FLOTTENRICHTER KRANZBÜHLER: “Rescue measures contradict -the most primitive demands of warfare that crews -and ships should be destroyed.”</p> - -</div> - -<p class='noindent'>Do you see that in this sentence?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Does that sentence contain -anything as to the destruction of shipwrecked persons?</p> - -<p class='pindent'>MOEHLE: No, of crews.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: At the end of the order -is the phrase “Be harsh.” Did you hear that phrase there for the -first time?</p> - -<p class='pindent'>MOEHLE: No. -<span class='pageno' title='239' id='Page_239'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was this phrase used by -Commander-in-Chief of U-boats to get the commanders to be -severe themselves and to their crews?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you discuss the -order with Lieutenant Commander Kuppisch?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you remember that -exactly?</p> - -<p class='pindent'>MOEHLE: As far as I can rely upon my recollection after -such a long time.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Where did that conversation -take place?</p> - -<p class='pindent'>MOEHLE: At the staff headquarters of the U-boat command, -probably in Paris.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: What position did Lieutenant -Commander Kuppisch occupy at the time?</p> - -<p class='pindent'>MOEHLE: As far as I can remember, he was the man in charge -of the Enemy Convoys Department, but I could not say that with -any certainty.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was the superior officer -of Lieutenant Commander Kuppisch, Commander Hessler?</p> - -<p class='pindent'>MOEHLE: Superior officer? I would not say so, because Commander -Hessler was on the same level as Kuppisch, a departmental -chief.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was Lieutenant Commander -Kuppisch’s superior Admiral Goth?</p> - -<p class='pindent'>MOEHLE: Yes, in his capacity of Chief of Staff.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you speak to Commander -Hessler or Admiral Goth or with the Grossadmiral himself -with regard to the interpretation to be given to the order of -September?</p> - -<p class='pindent'>MOEHLE: Whether I spoke to Commander Hessler, I do not -remember, but in any case not to Admiral Goth or the Grossadmiral -himself.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: You said Lieutenant -Commander Kuppisch had told you about the opinion which was -prevalent in the staff of the U-boat command.</p> - -<p class='pindent'>MOEHLE: Yes. -<span class='pageno' title='240' id='Page_240'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: With regard to the attitude -towards the aviators in the Bay of Biscay, did he tell you -that it was the opinion of the Grossadmiral himself?</p> - -<p class='pindent'>MOEHLE: I do not remember that. It is too far back. When -explanations were given at staff meetings of the U-boat command -and an opinion was expressed by a responsible departmental chief, -we flotilla leaders naturally took this to be the official opinion of -the Commander-in-Chief of the U-boat arm. Admiral Goth personally -or the Commander-in-Chief of the U-boat arm was only -approached in cases where the departmental chiefs refused to -commit themselves definitely or to assume the responsibility for an -answer.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you not get to know -that the story of the airmen who had been shot down in the -Bay of Biscay was in actual fact just the opposite. . .</p> - -<p class='pindent'>MOEHLE: I do not understand.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: I continue: That the commander -was reprimanded because he did not bring home these -flyers even if it meant breaking off his operation.</p> - -<p class='pindent'>MOEHLE: No, I do not know that.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did Lieutenant Commander -Kuppisch tell you in connection with that second example you -mentioned, that the shipwrecked or their rescue equipment off the -American coast should have been destroyed?</p> - -<p class='pindent'>MOEHLE: No; he only said it was regrettable that the crews -had been rescued.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: And you concluded from -that that it was desired to have the shipwrecked killed?</p> - -<p class='pindent'>MOEHLE: I did not draw any conclusions at all from that for I -passed on these examples without any commentary.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know the standing -orders of the U-boat command?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do they contain the -guiding principles of U-boat warfare?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Is there any order in -the standing orders directing or advising the killing of shipwrecked -persons or the destruction of rescue facilities?</p> - -<p class='pindent'>MOEHLE: As far as I know, no. -<span class='pageno' title='241' id='Page_241'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: What grade of secrecy -was attached to these standing orders?</p> - -<p class='pindent'>MOEHLE: As far as I remember, top secret.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you remember that -in Standing Order 511 the following was ordered. . .</p> - -<p class='pindent'>Mr. President, I read from an order which I shall submit in -evidence later on. I cannot do it now because I have not yet the -original.</p> - -<div class='blockquote'> - -<p class='noindent'>“Standing Order of the U-boat Command Number 511; -20 May 1943; taking on board of officers of sunken ships.</p> -<hr class='tbk309'/> -<p class='noindent'>“1. As far as accommodation facilities on board permit, -captains and chief engineers of sunken ships are to be -brought in. The enemy tries to thwart this intention and -has issued the following order: (a) masters are not allowed -to identify themselves when questioned, but should if possible -use sailors selected especially for this purpose; (b) crew has -to state that masters and chief engineers remained on board.</p> -<hr class='tbk310'/> -<p class='noindent'>“If in spite of energetic questioning it is not possible to find -the masters or the chief engineers, then other ships’ officers -should be taken aboard.</p> -<hr class='tbk311'/> -<p class='noindent'>“2. Masters and officers of neutral ships, which, according to -Standing Order Number 101, can be sunk (for instance, -Swedish ships outside Göteborg traffic), are not to be brought -in because internment of these officers would violate international -law.</p> -<hr class='tbk312'/> -<p class='noindent'>“3. In case ship officers cannot be taken prisoner, other white -members of the crew should be taken along as far as accommodation -facilities and further operations of the craft permit, -for the purpose of interrogation for military and propaganda -purposes.</p> -<hr class='tbk313'/> -<p class='noindent'>“4. In case of the sinking of a single cruising destroyer, corvette, -or escort vessel, try at all costs to take prisoners, if -that can be done without endangering the boat. Interrogation -of the prisoners at transit camps . . . can produce valuable -hints as to antisubmarine tactics, devices, and weapons used -by the enemy; the same applies to air crews of shot-down -planes.”</p> - -</div> - -<p class='pindent'>[<span class='it'>Turning to the witness.</span>] Do you know that order?</p> - -<p class='pindent'>MOEHLE: Yes. The order seems familiar to me.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know the order 513?</p> - -<div class='blockquote'> - -<p class='noindent'>“Standing Order of U-boat Command; 1 June 1944; taking -along of prisoners.</p> -<hr class='tbk314'/> -<p class='noindent'>“1. Statements of prisoners are the safest and best source of -information regarding enemy tactics, weapons, location -<span class='pageno' title='242' id='Page_242'></span> -appliances and methods. Prisoners from planes and destroyers -may be of the greatest importance to us; therefore, as -far as possible and without endangering the boat, the utmost -is to be done to take such prisoners.</p> -<hr class='tbk315'/> -<p class='noindent'>“2. As prisoners are extremely willing to talk when captured, -interrogate them at once on board. It is of special interest -to know the manner of locating U-boats by aircraft, whether -by radar or by passive location methods; for instance, by -ascertaining, through electricity or heat, the location of the -boat. Report prisoners taken as soon as possible in order to -hand them over to returning boats.”</p> - -</div> - -<p class='pindent'>Do you know that order?</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you not notice and -try to clarify a contradiction between these orders concerning the -rescue of air crews in every case and the story you passed on -about the destruction of air crews?</p> - -<p class='pindent'>MOEHLE: No; because in the order of September 1942 it also -says that the order about the bringing in of ships’ captains and -chief engineers remains in force.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you hear of any -instance where a U-boat brought in captains and chief engineers but -shot the rest of the crew?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you consider it at all -possible that such an order can be given—that is, that part of the -crew should be rescued and the rest of the crew should be killed?</p> - -<p class='pindent'>MOEHLE: No, Sir. One cannot make such an order.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you ever hear of -any case where a U-boat commander, on the basis of your briefings, -destroyed rescue equipment or killed shipwrecked persons?</p> - -<p class='pindent'>MOEHLE: No.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was it permitted to attack -neutral vessels outside the fixed blockade zones?</p> - -<p class='pindent'>MOEHLE: Only in cases where they were not marked as -neutrals according to regulations.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Was the Commander of -the U-boat fleet particularly severe in enforcing this order for the -protection of neutral ships?</p> - -<p class='pindent'>MOEHLE: As I know of no such cases, I cannot say anything on -that subject. -<span class='pageno' title='243' id='Page_243'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know that the -commanders were threatened with court-martial if they did not -obey the orders given for the protection of neutrals?</p> - -<p class='pindent'>MOEHLE: Yes; I remember one case which happened in the -Caribbean Sea.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you remember an -order of 1944 directing that neutral ships be stopped and searched?</p> - -<p class='pindent'>MOEHLE: Yes, it was ordered, but I do not remember the date, -that particular Spanish and Portuguese ships in the North Atlantic -should be stopped and searched.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Did you pass on that -order to the commanders?</p> - -<p class='pindent'>MOEHLE: As far as I recollect, this order was given in writing -and was contained in one of the official sets of orders. I passed on -orders to commanders only when they were not contained in a set -of orders.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: In passing that order -on, did you make an addition as to whether that order should be -executed or not?</p> - -<p class='pindent'>MOEHLE: Yes, I remember that I said—when that order came -by radio and the commanders did not know of it yet—that they -should be exceedingly careful, when stopping neutrals, as there -was always the danger that also a neutral ship might disclose the -position of the U-boat by radio. Owing to the air superiority of -the enemy in the North Atlantic, it would always be safer or better -not to be compelled to stop these ships.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Had you orders from -the Commander of the U-boat fleet to make this additional remark?</p> - -<p class='pindent'>MOEHLE: As far as I remember, one of the departmental chiefs -in the U-boat command—I assume it was Commander Hessler—told -me or took particular care to point out that any stopping of ships, -even neutrals, involved considerable danger to the U-boat.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Because of the air patrol?</p> - -<p class='pindent'>MOEHLE: Because of the air patrol.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Your attention has been -called to the order concerning the so-called rescue ships.</p> - -<p class='pindent'>MOEHLE: Yes.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you remember that?</p> - -<p class='pindent'>MOEHLE: Yes. -<span class='pageno' title='244' id='Page_244'></span></p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Were these “rescue ships” -recognized under international law as hospital ships, with appropriate -markings?</p> - -<p class='pindent'>MOEHLE: As far as I know, they were not.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: What orders existed that -hospital ships should be protected?</p> - -<p class='pindent'>MOEHLE: Where these orders were laid down—whether in -writing I do not remember—I only know that the Commander of -the U-boats fleet frequently reminded the commanders of the -absolute inviolability of hospital ships.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: Do you know of any -case in which a hospital ship was attacked by a U-boat?</p> - -<p class='pindent'>MOEHLE: No; I don’t know of such a case.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: If the Commander of -the U-boat fleet had been interested in destroying helpless human -beings in violation of international law, the destruction of hospital -ships would have been an excellent means, don’t you think?</p> - -<p class='pindent'>MOEHLE: Without any doubt.</p> - -<p class='pindent'>FLOTTENRICHTER KRANZBÜHLER: I have no further questions.</p> - -<p class='pindent'>THE PRESIDENT: Does any other Defense Counsel wish to -cross-examine this witness?</p> - -<p class='pindent'>[<span class='it'>No response.</span>]</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Did you ever save any of the -survivors of the vessels that you torpedoed?</p> - -<p class='pindent'>MOEHLE: I have not been in a position to do that due to the -military situation.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): You mean to say it was dangerous -to your boat to do it?</p> - -<p class='pindent'>MOEHLE: Not only that. A great number of the ships which -I sunk were in a convoy or else there was a rough sea, so that it was -impossible to undertake any rescue measures owing to navigation -conditions.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): That is all.</p> - -<p class='pindent'>THE PRESIDENT: Colonel Phillimore, do you want to re-examine?</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, I have about three questions.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>COL. PHILLIMORE: [<span class='it'>Turning to the witness.</span>] When you were -a U-boat commander yourself, what was the order with regard to -rescue? -<span class='pageno' title='245' id='Page_245'></span></p> - -<p class='pindent'>MOEHLE: At the beginning of the war we had been told that -the safety of one’s own boat was the decisive thing, and that the -boat should not be endangered by rescue measures. Whether these -orders already existed in writing at the outbreak of the war I do -not remember.</p> - -<p class='pindent'>COL. PHILLIMORE: When you got this order of the 17th of -September 1942, did you take it merely as prohibiting rescue or -as going further?</p> - -<p class='pindent'>MOEHLE: When I received that order I noticed that it was not -entirely clear, as orders of the B. d. U. normally were. One could -see an ambiguity in it.</p> - -<p class='pindent'>COL. PHILLIMORE: You have not answered my question. Did -you take the order to mean that a U-boat commander should -merely abstain from rescue measures, or as something further?</p> - -<p class='pindent'>MOEHLE: I took the order to mean that something further was -implied, only it was not actually ordered but was considered -desirable.</p> - -<p class='pindent'>COL. PHILLIMORE: The instance you were given about the -Bay of Biscay, had you any knowledge of the facts of that incident?</p> - -<p class='pindent'>MOEHLE: No, the circumstances of that case are not known to me.</p> - -<p class='pindent'>COL. PHILLIMORE: What were the actual words you used -when you passed that order on to commanders?</p> - -<p class='pindent'>MOEHLE: I told the commanders in so many words: We are -now approaching a very delicate and difficult chapter; it is the -question of the treatment of lifeboats. The Commander of the -U-boat fleet issued the following radio message in September -1942—I then read the radio message of September 1942 in full. For -most of those present the chapter was closed; no commander had -any questions to ask. Explanations were not given unless questions -were asked. In some few instances the commanders asked, “How -should this order be interpreted?” Then as a means of interpretation -I gave the two examples which had been related to me at -the U-boat command and added, “Officially such a thing cannot be -ordered; everybody has to reconcile that with his own conscience.”</p> - -<p class='pindent'>COL. PHILLIMORE: Do you remember any comment being -made by commanding officers after you had read the order?</p> - -<p class='pindent'>MOEHLE: Yes, Sir. Several commanders, following the reading -of this radio message said, without making any further comment, -“That is very clear, but damned hard.”</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, I have no further questions.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal will adjourn for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> -<p class='pindent'><span class='pageno' title='246' id='Page_246'></span></p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, I would now put before the -Tribunal two cases where that order of the 17th of September 1942 -was apparently put into effect. The first case is set out at the next -document in the document book, which is D-645. My Lord, I put -that document in and it becomes Exhibit GB-203. It is a report -of the sinking of a steam trawler, a fishing trawler, the <span class='it'>Noreen -Mary</span>, which was sunk by <span class='it'>U-247</span> on the 5th of July 1944. The first -page of the document contains an extract from the log of the -U-boat. The time reference 1943 on the document is followed by an -account of the firing of two torpedoes which missed, and then, at -2055 hours, the log reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Surfaced. Fishing Vessels. . . .”—bearings given of three -ships—“Engaged the nearest. She stops after 3 minutes.”</p> - -</div> - -<p class='noindent'>Then there is an account of a shot fired as the trawler lay stopped, -and then, the final entry:</p> - -<div class='blockquote'> - -<p class='noindent'>“Sunk by flak, with shots into her side. Sank by the stern.”</p> - -</div> - -<p class='noindent'>The Tribunal will notice there is no mention in the log of any -action against the torpedoed or the shipwrecked seamen.</p> - -<p class='pindent'>THE PRESIDENT: Why is it entered as 5. 7. 1943?</p> - -<p class='pindent'>COL. PHILLIMORE: It is a typing error. I should have pointed -it out.</p> - -<p class='pindent'>My Lord, the next page of the document is a comment on the -action by the U-boat command, and the last line reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Recognized success: Fishing vessel <span class='it'>Noreen Mary</span> sunk by -flak.”</p> - -</div> - -<p class='pindent'>And then there is an affidavit by James MacAlister, who was a -deckhand on board the <span class='it'>Noreen Mary</span> at the time of the sinking. -My Lord, reading the last paragraph on the first page of the -affidavit. He has dealt earlier with having seen the torpedo tracks, -which missed the trawler. The last paragraph reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“At 2110 hours, while we were still trawling, the submarine -surfaced on our starboard beam, about 50 yards to the -northeast of us, and without any warning immediately -opened fire on the ship with a machine gun. We were 18 -miles west from Cape Wrath, on a northwesterly course, -making 3 knots. The weather was fine and clear, sunny, with -good visibility. The sea was smooth, with light airs.”</p> - -</div> - -<p class='pindent'>My Lord, then there is an account of the firing in the next, -paragraph, and then, if I might read from the second paragraph, -on Page 2.</p> - -<p class='pindent'>THE PRESIDENT: Why not read the first?</p> - -<p class='pindent'>COL. PHILLIMORE: If Your Lordship pleases:</p> - -<div class='blockquote'> - -<p class='noindent'>“When the submarine surfaced I saw men climbing out of the -conning tower. The skipper thought at first the submarine -<span class='pageno' title='247' id='Page_247'></span> -was British, but when she opened fire he immediately -slackened the brake to take the weight off gear”—that is, the -trawl—“and increased to full speed, which was about 10 -knots. The submarine chased us, firing her machine gun, -and with the first rounds killed two or three men, including -the skipper, who were on deck and had not had time to take -cover. The submarine then started using a heavier gun from -her conning tower, the first shot from which burst the boiler, -enveloping everything in steam and stopping the ship.</p> -<hr class='tbk316'/> -<p class='noindent'>“By now the crew had taken cover, but in spite of this all -but four were killed. The submarine then commenced to -circle round ahead of the vessel, and passed down her port -side with both guns firing continuously. We were listing -slowly to port all the time but did not catch fire.</p> -<hr class='tbk317'/> -<p class='noindent'>“The mate and I attempted to release the lifeboat, which was -aft, but the mate was killed whilst doing so, so I abandoned -the attempt. I then went below into the pantry, which was -below the waterline, for shelter. The ship was listing more -and more port, until finally at 2210 she rolled right over and -sank, and the only four men left alive on board were thrown -into the sea. I do not know where the other three men had -taken cover during this time, as I did not hear or see them -until they were in the water.</p> -<hr class='tbk318'/> -<p class='noindent'>“I swam around until I came across the broken bow of our -lifeboat which was upside down, and managed to scramble -on top of it. Even now the submarine did not submerge, but -deliberately steamed in my direction and when only 60 to -70 yards away fired directly at me with a short burst from -the machine gun. As their intention was quite obvious, I fell -into the water and remained there until the submarine -ceased firing and submerged, after which I climbed back on -to the bottom of the boat. The submarine had been firing -her guns for a full hour.”</p> - -</div> - -<p class='pindent'>My Lord, then the affidavit goes on to describe the deponent -and others attempting to rescue themselves and to help each other, -and then they were picked up by another trawler.</p> - -<p class='pindent'>The last paragraph on that page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Whilst on board the <span class='it'>Lady Madeleine</span> the second engineer -and I had our wounds dressed. I learned later that the -second engineer had 48 shrapnel wounds, also a piece of steel -wire 2½ inches long embedded in his body.”</p> - -</div> - -<p class='noindent'>And there is a sentence on which I don’t rely, and the last -sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“I had 14 shrapnel wounds.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='248' id='Page_248'></span></p> - -<p class='pindent'>My Lord, and then the last two paragraphs of the affidavit:</p> - -<div class='blockquote'> - -<p class='noindent'>“This is my fourth wartime experience, having served in the -whalers <span class='it'>Sylvester</span> (mined) and <span class='it'>New Seville</span> (torpedoed), and -the trawler <span class='it'>Ocean Tide</span>, which ran ashore.</p> -<hr class='tbk319'/> -<p class='noindent'>“As a result of this attack by U-boat, the casualties were six -killed . . . two missing . . . two injured. . . .”</p> - -</div> - -<p class='pindent'>My Lord, the next document, D-647, I put in as Exhibit GB-204. -My Lord, this is an extract from a statement given by the second -officer of the ship <span class='it'>Antonico</span>, torpedoed, set afire, and sunk, on the -28th of September 1942, on the coast of French Guiana. The Tribunal -will observe that the date of the incident is some 11 days after -the issue of the order. My Lord, I would read from the words -“that the witness saw the dead,” slightly more than halfway down -on the first page. An account has been given of the attack on the -ship, which by then was on fire:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . that the witness saw the dead on the deck of the -<span class='it'>Antonico</span> as he and his crew tried to swing out their lifeboat; -that the attack was fulminant, lasting almost 20 minutes; -and that the witness already in the lifeboat tried to get away -from the side of the <span class='it'>Antonico</span> in order to avoid being dragged -down by the same <span class='it'>Antonico</span> and also because she was the -aggressor’s target; that the night was dark, and it was thus -difficult to see the submarine, but that the fire aboard the -<span class='it'>Antonico</span> lit up the locality in which she was submerging, -facilitating the enemy to see the two lifeboats trying to get -away; that the enemy ruthlessly machine-gunned the defenseless -sailors in Number 2 lifeboat, in which the witness found -himself, and killed the Second Pilot Arnaldo de Andrade de -Lima, and wounded three of the crew; that the witness gave -orders to his company to throw themselves overboard to -save themselves from the bullets: in so doing, they were -protected and out of sight behind the lifeboat, which was -already filled with water; even so the lifeboat continued to -be attacked. At that time the witness and his companions -were about 20 meters in distance from the submarine. . . .”</p> - -</div> - -<p class='pindent'>My Lord, I haven’t got the U-boat’s log in that case, but you -may think that, in view of the order with regard to entries in logs, -namely that anything compromising should not be put in, it would -be no more helpful than in the case of the previous incident.</p> - -<p class='pindent'>My Lord, the next Document, D-646(a), I put in as Exhibit -GB-205. It is a monitored account of a talk by a German naval -war reporter on the long wave propaganda service from Friesland. -The broadcast was in English, and the date is the 11th of March -1943. It is, if I may quote: -<span class='pageno' title='249' id='Page_249'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Santa Lucia, in the West Indies, was an ideal setting for -romance, but nowadays it was dangerous to sail in these -waters—dangerous for the British and Americans and for all -the colored people who were at their beck and call. Recently -a U-boat operating in these waters sighted an enemy windjammer. -Streams of tracer bullets were poured into the -sails and most of the Negro crew leaped overboard. Knowing -that this might be a decoy ship, the submarine steamed -close, within 20 yards, when hand grenades were hurled into -the rigging. The remainder of the Negroes then leaped into -the sea. The windjammer sank. There remained only -wreckage, lifeboats packed with men, and sailors swimming. -The sharks in the distance licked their teeth in expectation. -Such was the fate of those who sailed for Britain and -America.”</p> - -</div> - -<p class='pindent'>My Lord, the next page of the document I don’t propose to read. -It is an extract from the log of the U-boat believed to have sunk -this ship. It was, in fact, the <span class='it'>C. S. Flight</span>.</p> - -<p class='pindent'>My Lord, I read that because, in my submission, it shows that it -was the policy of the enemy at the start to seek to terrorize crews, -and it is a part with the order with regard to rescue ships and -with the order on the destruction of seamen.</p> - -<p class='pindent'>If I might say so, in view of the cross-examination, the Prosecution -do not complain of rescue ships being attacked. They are -not entitled to protection. The point of the order was that they -were to be given priority in attack, and the order, therefore, is -closely allied with the order of the 17th of September 1942. In -view of the Allied building program, it had become imperative -to prevent the ships being manned.</p> - -<p class='pindent'>My Lord, I pass to the period after the defendant had succeeded -the Defendant Raeder. My Lord, the next document is 2098-PS. -It has been referred to but not, I think, put in. I put it in formally -as Exhibit GB-206. My Lord, I won’t read it. It merely sets out -that the Defendant Raeder should have the equivalent rank of a -minister of the Reich, and I ask the Tribunal to infer that on -succeeding Raeder the Defendant Dönitz would presumably have -succeeded to that right.</p> - -<p class='pindent'>THE PRESIDENT: This is from 1938 onward?</p> - -<p class='pindent'>COL. PHILLIMORE: From 1938 onward.</p> - -<p class='pindent'>The next document, D-648, I put in as Exhibit GB-207. It is an -affidavit by an official, or rather it is an official report certified by -an official of the British Admiralty. The certificate is on the last -page, and it sets out the number of meetings, the dates of the -meetings and those present, on the occasion of meetings between -<span class='pageno' title='250' id='Page_250'></span> -the Defendant Dönitz or his representative with Hitler from the -time that he succeeded Raeder until the end. The certificate states:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . I have compiled from them”—that is, from captured -documents—“the attached list of occasions on which Admiral -Dönitz attended conferences at Hitler’s headquarters. The -list of other senior officials who attended the same conferences -is added when this information was contained in the captured -documents concerned. I certify that the list is a true extract -from the collective documents which I have examined, and -which are in the possession of the British Admiralty, London.”</p> - -</div> - -<p class='pindent'>My Lord, I won’t go through the list. I would merely call the -Tribunal’s attention to the fact that either Admiral Dönitz or his -deputy, Konteradmiral Voss, was present at each of these meetings; -and that amongst those who were also constantly there were the -Defendants Speer, Keitel, Jodl, Ribbentrop, and Göring, and also -Himmler or his lieutenants, Fegelein or Kaltenbrunner.</p> - -<p class='pindent'>My Lord, the inference which I ask the Tribunal to draw from -the document is that from the time that he succeeded Raeder, this -defendant was one of the rulers of the Reich and was undoubtedly -aware of all decisions, major decisions of policy.</p> - -<p class='pindent'>My Lord, I pass to the next document, C-178. That has already -been put in as Exhibit Number USA-544. It is an internal memorandum -of the naval war staff, written by the division dealing -with international law to another division, and the subject is the -order with regard to the shooting of Commandos, of the 18th of -October 1942, with which the Tribunal are, I think, familiar.</p> - -<p class='pindent'>The point of the document is that some doubt appeared to have -arisen in some quarters with regard to the understanding of the -order, and in the last sentence of the memorandum it is suggested:</p> - -<div class='blockquote'> - -<p class='noindent'>“As far as the Navy is concerned, it remains to be seen -whether or not this case should be used to make sure, after -a conference with the Commander-in-Chief of the Navy, that -all departments concerned have an entirely clear conception -regarding the treatment of members of Commando units.”</p> - -</div> - -<p class='pindent'>My Lord, whether that conference took place or not I do not -know. The document is dated some 11 days after this defendant -had taken over from the Defendant Raeder.</p> - -<p class='pindent'>But the next document in the book, D-649, which I put in as -Exhibit GB-208, is an instance of the Navy in July of that year—July -1943—handing over to the SD for shooting Norwegian and -British naval personnel whom the Navy decided came under the -terms of the order. My Lord, it is an affidavit by a British barrister-at-law -who served as judge advocate at the trial of the members -of the SD who executed the order. -<span class='pageno' title='251' id='Page_251'></span></p> - -<p class='pindent'>Paragraph 1 sets out that the deponent was judge advocate at -the trial of 10 members of the SD by a military court held at the -law courts, Oslo, Norway, which sat on Thursday, 29 November 1945, -and concluded its sitting on Tuesday, 4 December 1945.</p> - -<p class='pindent'>My Lord, the next paragraph sets out who convened the court -and the names of the prosecuting and defending counsel, and the -third paragraph states:</p> - -<div class='blockquote'> - -<p class='noindent'>“The accused were charged with committing a war crime, in -that they at Ulven, Norway, in or about the month of July -1943, in violation of the laws and usages of war, were concerned -in the killing of. . .”</p> - -</div> - -<p class='noindent'>Then there follow the names of six personnel of the Norwegian -Navy, including one officer, and one leading telegraphist of the -Royal Navy, prisoners of war. I might read from Paragraph 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“There was evidence before the court which was not challenged -by the Defense that Motor Torpedo Boat Number 345 set -out from Lerwick in the Shetlands on a naval operation for -the purpose of making torpedo attacks on German shipping -off the Norwegian coast, and for the purpose of laying mines -in the same area. The persons mentioned in the charge were -all the crew of the torpedo boat.”</p> - -</div> - -<p class='pindent'>Paragraph 5:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Defense did not challenge that each member of the crew -was wearing uniform at the time of capture, and there was -abundant evidence from many persons, several of whom were -German, that they were wearing uniform at all times after -their capture.”</p> - -</div> - -<p class='pindent'>Paragraph 6:</p> - -<div class='blockquote'> - -<p class='noindent'>“On 27th July 1943, the torpedo boat reached the island of -Aspo off the Norwegian coast, north of Bergen. On the following -day the whole of the crew were captured and were -taken on board a German naval vessel which was under the -command of Admiral Von Schrader, the admiral of the west -coast. The crew were taken to the Bergenhus where they had -arrived by 11 p. m. on 28th July. The crew were there interrogated -by Lieutenant H. P. K. W. Fanger, a naval lieutenant -of the Reserve, on the orders of Korvettenkapitän Egon Drascher, -both of the German Naval Intelligence Service. This -interrogation was carried out upon the orders of the staff of -the admiral of the west coast. Lieutenant Fanger reported to -the officer in charge of the intelligence branch at Bergen that -in his opinion all the members of the crew were entitled -to be treated as prisoners of war, and that officer in turn -<span class='pageno' title='252' id='Page_252'></span> -reported both orally and in writing to the Sea Commander -Bergen, and in writing to the admiral of the west coast.</p> -<hr class='tbk320'/> -<p class='noindent'>“7. The interrogation by the naval intelligence branch was -concluded in the early hours of 29th July, and almost immediately -all the members of the crew were handed over on the -immediate orders of the Sea Commander Bergen, to Obersturmbannführer -of the SD Hans Wilhelm Blomberg, who -was at that time Kommandeur of the Sicherheitspolizei at -Bergen. This followed a meeting between Blomberg and -Admiral Von Schrader, at which a copy of the Führer Order -of 18 October 1942 was shown to Blomberg. This order dealt -with the classes of persons who were to be excluded from -the protection of the Geneva Convention and were not to -be treated as prisoners of war, but when captured were to -be handed over to the SD. Admiral Von Schrader told Blomberg -that the crew of this torpedo boat were to be handed -over, in accordance with the Führer Order, to the SD.</p> -<hr class='tbk321'/> -<p class='noindent'>“9. The SD then conducted their own interrogation. . . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: You can summarize the rest, can’t you?</p> - -<p class='pindent'>COL. PHILLIMORE: If Your Lordship pleases.</p> - -<p class='pindent'>My Lord, Paragraph 9 described the interrogation by officials of -the SD, and that these officials took the same views as the naval -intelligence officers, that the crew were entitled to be treated as -prisoners of war; that despite this they were taken out and shot -by an execution squad composed of members of the SD. Then there -is a description of the disposal of the bodies.</p> - -<p class='pindent'>My Lord, the last paragraph is perhaps important in connection -with the case against the Defendant Keitel.</p> - -<p class='pindent'>THE PRESIDENT: Yes, read it.</p> - -<div class='blockquote'> - -<p class='noindent'>COL. PHILLIMORE: “11. It appeared from the evidence that -in March or April, 1945, an order from the Führer headquarters, -signed by Keitel, was transmitted to the German -authorities in Norway. The substance of the order was that -members of the crew of Commando raids who fell into German -captivity were from that date to be treated as ordinary -prisoners of war. This order referred specifically to the Führer -Order referred to above.”</p> - -</div> - -<p class='noindent'>The member of the Tribunal will of course have noted the date; it -was time to put their affairs in order.</p> - -<p class='pindent'>My Lord, the next document, C-158, I put in as Exhibit GB-209. -It consists of two extracts from minutes of conferences on the 19th -and 20th of February 1945, conferences between the Defendant -<span class='pageno' title='253' id='Page_253'></span> -Dönitz and Hitler. If I might read the first and last sentence from -the first paragraph of the first extract:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer is considering whether or not Germany should -renounce the Geneva Convention.”</p> - -</div> - -<p class='noindent'>That is of course the 1929 prisoners-of-war convention. And the -last sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer orders the Commander-in-Chief of the Navy to -consider the pros and cons of this step and to state his opinion -as soon as possible.”</p> - -</div> - -<p class='pindent'>Then the second extract—the Defendant Dönitz states his opinion -in the presence of the Defendant Jodl and the representative of the -Defendant Ribbentrop. It is the last two sentences on which I rely:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . On the contrary, the disadvantages”—that is, the disadvantages -of renouncing the convention—“outweigh the -advantages. Even from a general standpoint it appears to the -Commander-in-Chief that this measure would bring no -advantage. It would be better to carry out the measures -considered necessary without warning, and at all costs to -save face with the outer world.”</p> - -</div> - -<p class='pindent'>My Lord, it is no small matter, that document, when one reflects -that it was to that convention that we owe the fact that upwards -of 165,000 British and 65,000 to 70,000 American prisoners of war -were duly recovered at the end of the war. And to advocate -breaching that convention, preferably without saying so, is not a -matter to be treated lightly.</p> - -<p class='pindent'>My Lord, the next document, C-171; I put in as Exhibit GB-210. -It is another extract from the minutes of a meeting between the -Defendant Dönitz and Hitler, on the 1st of July 1944. The extract -is signed by the defendant:</p> - -<div class='blockquote'> - -<p class='noindent'>“Regarding the general strike in Copenhagen, the Führer says -that the only weapon to deal with terror is terror. Court-martial -proceedings create martyrs. History shows that the -names of such men are on everybody’s lips, whereas there is -silence with regard to the many thousands who have lost -their lives in similar circumstances without court-martial -proceedings.”</p> - -</div> - -<p class='pindent'>My Lord, the next document, C-195, I put in as Exhibit GB-211. -It is a memorandum signed by the defendant, dated late in 1944. -There is no specific date on the document, but it is late in 1944—in -December, I think, of 1944. The distribution on the third page -includes Hitler, Keitel, Jodl, Speer, and the Supreme Command of -the Air Force. -<span class='pageno' title='254' id='Page_254'></span></p> - -<p class='pindent'>My Lord, if I might read the second paragraph. He is dealing -with the review of German shipping losses:</p> - -<div class='blockquote'> - -<p class='noindent'>“Furthermore, I propose reinforcing the shipyard working -parties by prisoners from the concentration camps, and as a -special measure for relieving the present shortage of coppersmiths, -especially in U-boat construction, I propose to divert -coppersmiths from the reduced construction of locomotives -to shipbuilding.”</p> - -</div> - -<p class='pindent'>Then he goes on to deal with sabotage, and the last two paragraphs -on that page are:</p> - -<div class='blockquote'> - -<p class='noindent'>“Since, elsewhere, measures for exacting atonement taken -against whole working parties amongst whom sabotage -occurred, have proved successful, and, for example, the -shipyard sabotage in France was completely suppressed, -possibly similar measures for the Scandinavian countries will -come under consideration.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Do you need to read any more than that?</p> - -<p class='pindent'>COL. PHILLIMORE: My Lord, no. The last sentence of the -document in the next page is Item 2 of the summing-up:</p> - -<div class='blockquote'> - -<p class='noindent'>“12,000 concentration camp prisoners will be employed in the -shipyards as additional labor (Security Service agrees to this)”—that -is the SD.</p> - -</div> - -<p class='pindent'>My Lord, this man was one of the rulers of Germany, and in -my submission, that document alone is sufficient to condemn him. -It was not for nothing that at these meetings Himmler and his -lieutenants, Fegelein and Kaltenbrunner, were present.</p> - -<p class='pindent'>My Lord, they were not there to discuss U-boats or the use of -battleships. It is clear, in my submission, from this document that -this defendant knew all about concentration camps and concentration -camp labor, and as one of the rulers of Germany he must -bear his full share of that responsibility.</p> - -<p class='pindent'>My Lord, I pass to the last document, D-650, which I put in as -Exhibit GB-212.</p> - -<p class='pindent'>My Lord, this contains the orders issued by the defendant in -April. The document, in my submission, shows the defendant’s -fanatical adherence to the Nazi creed, and his preparedness even -at that stage to continue a hopeless war at the expense of human -life and with the certainty of increased destruction and misery to -the men, women, and children of his country. I read the last paragraph -on the second page:</p> - -<div class='blockquote'> - -<p class='noindent'>“I therefore demand of the commanding officers of the -Navy: . . . that they clearly and unambiguously follow the -path of military duty, whatever may happen. I demand of -<span class='pageno' title='255' id='Page_255'></span> -them that they stamp out ruthlessly all signs and tendencies -among the men which endanger the following of this path.”</p> - -</div> - -<p class='noindent'>Then he refers to an order.</p> - -<div class='blockquote'> - -<p class='noindent'>“I demand from senior commanders that they should take -just as ruthless action against any commander who does not -do his military duty. If a commander does not think he has -the moral strength to occupy his position as a leader in this -sense, he must report this immediately. He will then be used -as a soldier in this fateful struggle in some position in which -he is not burdened with any task as a leader.”</p> - -</div> - -<p class='pindent'>And then the last paragraph on that page, from a further order -of 19th of April, he gives an example of the type of under-officer -who should be promoted.</p> - -<div class='blockquote'> - -<p class='noindent'>“An example: In a prison camp of the auxiliary cruiser <span class='it'>Cormoran</span>, -in Australia, a petty officer acting as camp senior -officer, had all communists who made themselves noticeable -among the inmates of the camp systematically done away -with in such a way that the guards did not notice this. This -petty officer is sure of my full recognition for his decision and -his execution. After his return, I shall promote him with all -means, as he has shown that he is fitted to be a leader.”</p> - -</div> - -<p class='pindent'>My Lord, of course the point is not whether the facts were true -or not, but the type of order that he was issuing. My Lord, if I -might just sum up, the defendant was no plain sailor, playing the -part of a service officer, loyally obedient to the orders of the -government of the day; he was an extreme Nazi who did his -utmost to indoctrinate the Navy and the German people with the -Nazi creed. It is no coincidence that it was he who was chosen to -succeed Hitler; not Göring, not Ribbentrop, not Goebbels, not -Himmler. He played a big part in fashioning the U-boat fleet, one -of the most deadly weapons of aggressive war. He helped to plan -and execute aggressive war, and we cannot doubt that he knew -well that these wars were in deliberate violation of treaties. He -was ready to stoop to any ruse where he thought he would not be -found out: Breaches of the Geneva Convention or of neutrality, -where he might hope to maintain that sinking was due to a mine. -He was ready to order, and did order, the murder of helpless -survivors of sunken ships, an action only paralleled by that of his -Japanese ally.</p> - -<p class='pindent'>My Lord, there can be few countries where widows or parents -do not mourn for men of the merchant navies whose destruction -was due to the callous brutality with which, at the orders of this -man, the German U-boats did their work. -<span class='pageno' title='256' id='Page_256'></span></p> - -<p class='pindent'>My Lord, my learned friend, Major Elwyn Jones, now deals with -the Defendant Raeder.</p> - -<p class='pindent'>MAJOR F. ELWYN JONES (Junior Counsel for the United -Kingdom): May it please the Tribunal, it is my duty to present to -the Tribunal the evidence against the creator of the Nazi Navy, the -Defendant Raeder. The allegations against him are set out in Appendix -A of the Indictment at Pages 33 and 34 (Volume I, Page 78), and -the Tribunal will see that the Defendant Raeder is charged with -promoting and participating in the planning of the Nazi wars of -aggression; with executing those plans; and with authorizing, -directing, and participating in Nazi War Crimes, particularly war -crimes arising out of sea warfare.</p> - -<p class='pindent'>At the outset the Tribunal may find it convenient to look at -Document 2888-PS, which is already before the Tribunal as Exhibit -Number USA-13, which the Tribunal will find at Page 96 of the -document book. That is a document which sets out the offices and -positions held by the Defendant Raeder. The Tribunal will see that -he was born in 1876 and joined the German Navy in 1894. By 1918 -he had become commander of the cruiser <span class='it'>Köln</span>. In 1928 he became -an admiral, chief of naval command, and head of the German Navy. -In 1935 he became Commander-in-Chief of the Navy. In 1936, on -Hitler’s 47th birthday, he became general admiral, a creation of -Hitler’s. In 1937 he received the high Nazi honor of the Golden -Badge of Honor of the Nazi Party. In 1938 he became a member of -the Secret Cabinet Council. And in 1939 he reached the empyrean -of Grossadmiral, a rank created by Hitler, who presented Raeder -with a marshal’s baton. In 1943 he became Admiral Inspector of -the German Navy, which, as the Tribunal will shortly see, was a -kind of retirement into oblivion, because from January 1943 on, as -the Tribunal has heard, Dönitz was the effective commander of the -German Navy.</p> - -<p class='pindent'>In these eventful years of Raeder’s command of the German -Navy from 1928 to 1943 he played a vital role. I would like in the -first instance to draw the Tribunal’s attention to Raeder’s part in -building up the German Navy as an instrument of war to implement -the Nazis’ general plan of aggression.</p> - -<p class='pindent'>The Tribunal is by now familiar with the steps by which the -small navy permitted to Germany under the Treaty of Versailles -was enormously expanded under the guidance of Raeder. I will do -no more than to remind the Tribunal of some of the milestones -upon Raeder’s road to Nazi mastery of the seas, which mercifully -he was unable to attain.</p> - -<p class='pindent'>With regard to the story of Germany’s secret rearmament in -violation of the Treaty of Versailles, I would refer the Court to the -<span class='pageno' title='257' id='Page_257'></span> -Document C-156, which is already before the Court as Exhibit -Number USA-41 and which the Tribunal will find at Page 26 of -the document book. That document, as the Tribunal will remember, -was <span class='it'>A History of the Fight of the German Navy against Versailles, -1919 to 1935</span>, which was published secretly by the German Admiralty -in 1937. The Tribunal will remember that that history shows that -before the Nazis came to power the German Admiralty was deceiving -not only the governments of other countries, but its own legislature -and at one stage its own Government. Their secret measures -of rearmament ranged from experimental U-boat and S-boat building -to the creation of secret intelligence and finance organizations. -I only propose to trouble the Tribunal with a reference to the last -paragraph at Page 33 of the document book, which refers to the -role of Raeder in this development. It is an extract from Page 75 -of this Document C-156, and it reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Commander-in-Chief of the Navy, Admiral . . . Raeder, -had received hereby a far-reaching independence in the -building and development of the Navy. This was only hampered -insofar as the previous concealment of rearmament -had to be continued in consideration of the Versailles Treaty.”</p> - -</div> - -<p class='pindent'>As an illustration of Raeder’s concealment of rearmament, I -would remind the Tribunal of the Document C-141, Exhibit Number -USA-47, which is at Page 22 of the document book. In that document -Raeder states that:</p> - -<div class='blockquote'> - -<p class='noindent'>“In view of Germany’s treaty obligations and the disarmament -conference, steps must be taken to prevent the first S-boat -half-flotilla—which in a few months will comprise new -S-boats of the same type—from appearing openly as a formation -of torpedo-carrying boats, as it was not intended to -count these S-boats against the number of torpedo-carrying -boats allowed us.”</p> - -</div> - -<p class='pindent'>The next document, C-135, which will be Exhibit Number -GB-213, and which is at Page 20 of the document book, is of unusual -interest because it suggests that even in 1930 the intention ultimately -to attack Poland was already current in German military -circles. This document is an extract from the history of war -organization and of the scheme for mobilization. The German text -of this document is headed “850/38,” which suggests that the document -was written in the year 1938. The extracts read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Since under the Treaty of Versailles all preparations for -mobilization were forbidden, these were at first confined to -a very small body of collaborators and were at first only of a -theoretical nature. Nevertheless, there existed at that time . . . -<span class='pageno' title='258' id='Page_258'></span> -an ‘Assembling Order,’ and ‘Instructions for Assembling,’ the -forerunners of the present-day scheme for mobilization, also -an assembling organization and adaptable instructions for -assembling which were drawn up for each ‘A-year’ (cover-name -for mobilization year).</p> -<hr class='tbk322'/> -<p class='noindent'>“As stated, the ‘Assembling Organization’ at that time was -to be judged purely theoretically, for they had no positive -basis in the form of men and materials. They provided nevertheless -a valuable foundation for the establishment of a war -organization as our ultimate aim.”</p> - -</div> - -<p class='pindent'>Paragraph 2:</p> - -<div class='blockquote'> - -<p class='noindent'>“The crises between Germany and Poland, which were becoming -increasingly acute, compelled us, instead of making -theoretical preparation for war, to prepare in a practical -manner for a purely German-Polish conflict.</p> -<hr class='tbk323'/> -<p class='noindent'>“The strategic idea of a rapid forcing of the Polish base of -Gdynia was made a basis; and the fleet on active service was -to be reinforced by the auxiliary forces which would be indispensable -to attain this strategic end; and the essential coastal -and flak batteries, especially those in Pillau and Swinemünde, -were to be taken over. Thus in 1930 the Reinforcement -Plan was evolved.”</p> - -</div> - -<p class='pindent'>If the Tribunal turns over the page to Paragraph 3, to the second -paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Hitler had made a clear political request to build up for him -in 5 years, that is to say, by the 1st of April 1938, armed -forces which he could place in the balance as an instrument -of political power.”</p> - -</div> - -<p class='pindent'>Now that entry is a pointer to the fact that the Nazi seizure of -power in 1933 was a signal to Raeder to go full speed ahead on -rearmament. The detailed story of this development has already -been told by my American colleague, Mr. Alderman; and I would -simply refer the Court in the first place to the Document C-189, -Exhibit Number USA-44, which is at Page 66 of the document book. -In that document Raeder tells Hitler, in June 1934, that the German -Fleet must be developed to oppose England and that therefore from -1936 on the big ships must be armed with big guns to match the -British <span class='it'>King George</span> class of battleship. It further, in the last paragraph, -refers to Hitler’s demand that the construction of U-boats -should be kept completely secret, especially in view of the Saar -plebiscite. In November 1934 Raeder had a further talk with Hitler -on the financing of naval rearmament, and on that occasion Hitler -<span class='pageno' title='259' id='Page_259'></span> -told him that in case of need he would get Doctor Ley to put 120 -to 150 million from the Labor Front at the disposal of the Navy. -The reference to that is the Document C-190, Exhibit Number -USA-45, at Page 67 of the document book. The Tribunal may think -that that proposed fraud upon the German working people was a -characteristic Nazi manifestation.</p> - -<p class='pindent'>THE PRESIDENT: Would that be a convenient time to break off?</p> - -<p class='pindent'>MAJOR JONES: If Your Lordship pleases.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='260' id='Page_260'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>MAJOR JONES: May it please the Tribunal, the next document -which I desire to draw to the Tribunal’s attention is the Document -C-23, Exhibit Number USA-49, at Page 3 of the document book, -which states that the true displacement of certain German battleships -exceeded by 20 percent the displacement reported to the -British. That, I submit, is typical of Raeder’s use of deceit.</p> - -<p class='pindent'>The next document to which I wish to refer briefly is C-166, -Exhibit Number USA-48, Page 36 of the document book. It is -another such deceitful document, which orders that auxiliary -cruisers, which were being secretly constructed, should be referred -to as “transport ships.”</p> - -<p class='pindent'>Then there is the Document C-29, Exhibit Number USA-46, at -Page 8 of the document book, which is signed by Raeder and deals -with the support given by the German Navy to the German armament -industry, and, I submit, is an illustration of Raeder’s concern -with the broader aspects of Nazi policy and of the close link -between Nazi politicians, German service chiefs, and German armament -manufacturers.</p> - -<p class='pindent'>THE PRESIDENT: Has that been put in before?</p> - -<p class='pindent'>MAJOR JONES: That has been put in before, My Lord, as -Exhibit Number USA-46.</p> - -<p class='pindent'>A final commentary on the post-1939 naval rearmament is the -Document C-155, at Page 24 of the document book, which is a new -document and will be Exhibit GB-214 and is a letter from Raeder to -the German Navy, dated 11 June 1940. The original, which is now -submitted to the Tribunal, shows the very wide distribution of this -letter. There is provision in the distribution list for 467 copies. This -letter of Raeder’s is a letter both of self-justification and of apology. -The extracts read:</p> - -<div class='blockquote'> - -<p class='noindent'>“The most outstanding of the numerous subjects of discussion -in the Officers Corps are, for the time being, the torpedo -positions and the problem whether the naval building program, -up to autumn 1939, envisaged the possibility of the -outbreak of war as early as 1939, or whether the emphasis -ought not to have been laid, from the first, on the construction -of U-boats. . . .</p> -<hr class='tbk324'/> -<p class='noindent'>“If the opinion is voiced in the Officers Corps that the entire -naval building program has been wrongly directed and if, -from the first, the emphasis should have been on the U-boat -weapon and after its consolidation on the large ships, I must -emphasize the following matters: -<span class='pageno' title='261' id='Page_261'></span></p> -<hr class='tbk325'/> -<p class='noindent'>“The building up of the fleet was directed according to the -political demands, which were decided by the Führer. The -Führer hoped, until the last moment, to be able to put off the -threatening conflict with England until 1944-45. At that time -the Navy would have had available a fleet with a powerful -U-boat superiority and a much more favorable ratio as regards -strength in all other types of ships, particularly those designed -for warfare on the High Seas.</p> -<hr class='tbk326'/> -<p class='noindent'>“The development of events forced the Navy, contrary to the -expectation even of the Führer, into a war which it had to -accept while still in the initial stage of its rearmament. The -result is that those who represent the opinion that the emphasis -should have been laid from the start on the building of -the U-boat arm appear to be right. I leave undiscussed how -far this development, quite apart from difficulties of personnel, -training, and dockyards, could have been appreciably -improved in any way in view of the political limits of the -Anglo-German Naval Treaty. I leave also undiscussed, how -the early and necessary creation of an effective air force -slowed down the desirable development of the other branches -of the forces. I indicate, however, with pride, the admirable -and, in spite of the political restraints in the years of the -Weimar Republic, far-reaching preparation for U-boat construction, -which made the immensely rapid construction of the -U-boat arm, both as regards equipment and personnel, possible -immediately after the assumption of power. . . .”</p> - -</div> - -<p class='pindent'>There is here, the Tribunal sees, no trace of reluctance in co-operating -with the Nazi program. On the contrary, the evidence -points to the fact that Raeder welcomed and became one of the -pillars of Nazi power. And it will now be my purpose to develop -the relationship between Raeder, the Navy, and the Nazi Party.</p> - -<p class='pindent'>The Prosecution’s submission is that Raeder, more than anyone -else, was responsible for securing the unquestioned allegiance of -the German Navy to the Nazi movement, an allegiance which -Dönitz was to make even more firm and fanatical.</p> - -<p class='pindent'>Raeder’s approval of Hitler was shown particularly clearly on -the 2d of August 1934, the day of Hindenburg’s death, when he -and all the men under him swore a new oath of loyalty with -considerable ceremony, this time to Adolf Hitler and no longer to -the fatherland. The oath is found in the Document D-481 at -Page 101 of the document book. That will be Exhibit GB-215, and -it may be of interest to the Court to see what the new oath was. -The last paragraph reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“The service oath of the soldiers of the armed forces: -<span class='pageno' title='262' id='Page_262'></span></p> -<hr class='tbk327'/> -<p class='noindent'>“ ‘I swear this holy oath by God that I will implicitly obey -the Leader of the German Reich and people, Adolf Hitler, -the Supreme Commander of the Armed Forces and that, as -a brave soldier, I will be willing to stake my life at any -time for this oath.’ ”</p> - -</div> - -<p class='noindent'>The Tribunal will see that for his fatherland Raeder substituted -a Führer.</p> - -<p class='pindent'>I am not proposing to take the Tribunal’s time with reiterating -the steps by which the German Navy was progressively drawn -into the closest alliance with the Nazi Party. I would remind the -Court of facts of history, like the incorporation of the swastika into -the ensign under which the German Fleet sailed and the wearing -of the swastika on the uniform of naval officers and men, which -are facts which speak for themselves.</p> - -<p class='pindent'>The Nazis for their part, were not ungrateful for Raeder’s -obeisance and collaboration. His services in rebuilding the German -Navy were widely recognized by Nazi propagandists and by the -Nazi press. On his 66th birthday, the chief Party organ, the -<span class='it'>Völkischer Beobachter</span>, published a special article about him, to -which I desire to draw the Tribunal’s attention. It is at Page 100 -of the document book; it is Document D-448, Exhibit GB-216. It -is a valuable summing-up of Raeder’s contribution to Nazi -development:</p> - -<div class='blockquote'> - -<p class='noindent'>“It was to Raeder’s credit”—writes the <span class='it'>Völkischer Beobachter</span>—“to -have already built up by that time a powerful striking -force from the numerically small fleet, despite the fetters of -Versailles.</p> -<hr class='tbk328'/> -<p class='noindent'>“With the assumption of power, National Socialism began the -most fruitful period in the reconstruction of the German -fleet.</p> -<hr class='tbk329'/> -<p class='noindent'>“The Führer openly expressed his recognition of Raeder’s -faithful services and unstinted co-operation, by appointing -him Grossadmiral on the 20th of April 1936.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Do you think it necessary to read the entire -document?</p> - -<p class='pindent'>MAJOR JONES: I was going to turn to the last paragraph but -one, My Lord, which I think is helpful.</p> - -<div class='blockquote'> - -<p class='noindent'>“As a soldier and a seaman, the Grossadmiral has proved -himself to be the Führer’s first and foremost naval -collaborator.”</p> - -</div> - -<p class='pindent'>This, in my submission, is a summing-up of his status and -position in Nazi Germany.</p> - -<p class='pindent'>I now propose to deal with Raeder’s personal part in the Nazi -conspiracy. The evidence indicates that Raeder, from the time of -<span class='pageno' title='263' id='Page_263'></span> -the Nazi seizure of power, became increasingly involved in -responsibility for the general policies of the Nazi State.</p> - -<p class='pindent'>Long before he was promoted to General-Admiral in 1936, he -had become a member of the very secret Reich Defense Council, -joining it when it was founded on the 4th of April 1933. And thus, -at an early date, he was involved, both militarily and politically, -in the Nazi conspiracy. The relevant document upon that is Document -EC-177, Exhibit Number USA-390, at Page 68 of the document -book, which I would remind the Tribunal contains the classic Nazi -directive: “Matters communicated orally cannot be proven; they -can be denied by us in Geneva.”</p> - -<p class='pindent'>On the 4th of February 1938 Raeder was appointed to be a -member of a newly-formed secret advisory council for foreign -affairs; and the authority for that statement is Document 2031-PS -at Page 88 of the document book, which will be Exhibit GB-217.</p> - -<p class='pindent'>Three weeks after this a decree of Hitler’s stated that, as well -as being equal in rank with a cabinet minister, Raeder was also -to take part in the sessions of the Cabinet. That has already been -established in Document 2098-PS, which was submitted as Exhibit -GB-206.</p> - -<p class='pindent'>In my submission, therefore, it is thus clear that Raeder’s -responsibility for the political decisions of the Nazi State was -steadily developed from 1933 to 1938 and that in the course of time -he had become a member of all the main political advisory bodies. -He was, indeed, very much a member of the inner councils of the -conspirators and, I submit, must carry with them the responsibility -for the acts that led to the German invasion of Poland in 1939 -and the outbreak of war.</p> - -<p class='pindent'>As an illustration, I would remind the Tribunal that Raeder -was present at two of the key meetings at which Hitler openly -declared his intention of attacking neighboring countries. I refer -the Tribunal to Document 386-PS, which is Exhibit Number USA-25 -and is found at Page 81 of the document book, which the Tribunal -will remember is the record of Hitler’s conference at the Reich -Chancellery on the 5th of November 1937 about matters which -were said to be too important to discuss in the larger circle of -the Reich Cabinet. The document, which Mr. Alderman submitted, -establishes conclusively that the Nazis premeditated their Crimes -against Peace.</p> - -<p class='pindent'>Then there was the other conference of Hitler’s on the 23rd -of May 1939, the minutes of which are found in the Document L-79, -Exhibit Number USA-27, at Page 74 of the document book. That, -the Tribunal will remember, was the conference at which Hitler -<span class='pageno' title='264' id='Page_264'></span> -confirmed his intention to make a deliberate attack upon Poland -at the first opportunity, well knowing that this must cause widespread -war in Europe.</p> - -<p class='pindent'>Now, those two were key conferences. At many, many others -Raeder was also present to place his knowledge and his professional -skill at the service of the Nazi war machine.</p> - -<p class='pindent'>His active promotion of the military planning and preparation -for the Polish campaign is by now well-known to the Tribunal, and -I am not proposing to reiterate that evidence again. Once the war -did start, however, the Defendant Raeder showed himself to be -a master of the most typical of the conspirators’ techniques, namely -that of deceit on a grand scale. There are few better examples -of this allegation than that of his handling of the case of the -<span class='it'>Athenia</span>.</p> - -<p class='pindent'>The <span class='it'>Athenia</span>, as the Tribunal will be aware, was a passenger liner -which was sunk in the evening of the 3rd of September 1939, when -she was outward bound to America, about a hundred lives -being lost.</p> - -<p class='pindent'>On the 23rd of October 1939 the Nazi Party paper, the <span class='it'>Völkischer -Beobachter</span>, published in screaming headlines the story, “Churchill -Sank the <span class='it'>Athenia</span>.” I would refer the Court to Document 3260-PS, -at Page 97 of the document book, which will be Exhibit GB-218. -And I would like the Tribunal to look for a moment at the copy -of the <span class='it'>Völkischer Beobachter</span> here, and see the scale with which -this deliberate lie was perpetrated. I have a photostat of the -relevant page of the <span class='it'>Völkischer Beobachter</span> for that day. That is -the third page and the Tribunal will see on this front page, with -the big red underlining, there are the words, “Now We Indict -Churchill.”</p> - -<p class='pindent'>The extract from the <span class='it'>Völkischer Beobachter</span>, which is at Page 97 -of the document book, reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Churchill Sank the <span class='it'>Athenia</span>. The above picture”—and the -Tribunal will see it is a fine picture of this fine ship—“shows -the proud <span class='it'>Athenia</span>, the ocean giant, which was sunk by -Churchill’s crime. One can clearly see the big radio equipment -on board the ship. But nowhere was an SOS heard -from the ship. Why was the <span class='it'>Athenia</span> silent? Because her -captain was not allowed to tell the world anything. He very -prudently refrained from telling the world that Winston -Churchill attempted to sink the ship through the explosion -of a time bomb. He knew it well, but he had to keep silent. -Nearly 1,500 people would have lost their lives if Churchill’s -original plan had resulted as the criminal wanted. Yes, he -longingly hoped that the 100 Americans on board the ship -would find death in the waves so that the anger of the -<span class='pageno' title='265' id='Page_265'></span> -American people, who were deceived by him, should be -directed against Germany, as the presumed author of the -deed. It was fortunate that the majority escaped the fate -intended for them by Churchill. Our picture on the right -shows two wounded passengers. They were rescued by the -freighter <span class='it'>City of Flint</span>, and as can be seen here, turned over -to the American coast guard boat <span class='it'>Gibb</span> for further medical -treatment. They are an unspoken accusation against the -criminal Churchill. Both they and the shades of those who -lost their lives call him before the tribunal of the world -and ask the British people, ‘How long will the office, one of -the richest in tradition known to Great Britain’s history, be -held by a murderer?’ ”</p> - -</div> - -<p class='pindent'>Now, in view of the maliciousness of this <span class='it'>Völkischer Beobachter</span> -announcement and in fairness to the men of the British Merchant -Navy, I think it is proper that I should say, that contrary to the -allegation in this Nazi sheet, the <span class='it'>Athenia</span> of course made repeated -wireless distress signals which were in fact intercepted and -answered by His Majesty’s ship <span class='it'>Electra</span>, in escort, as well as by -the Norwegian steamship <span class='it'>Knut Nelson</span> and the yacht <span class='it'>Southern -Cross</span>.</p> - -<p class='pindent'>I shall submit evidence to the Tribunal to establish that, in -fact, the <span class='it'>Athenia</span> was sunk by the German U-boat <span class='it'>U-30</span>. So unjustifiable -was the torpedoing of the <span class='it'>Athenia</span>, however, that the -German Navy embarked upon a course of falsification of their -records and on other dishonest measures, in the hope of hiding this -guilty secret. And for their part, as the Tribunal has seen, the -Nazi propagandists indulged in their favorite falsehood of seeking -to shift the responsibility to the British.</p> - -<p class='pindent'>The captain of the <span class='it'>U-30</span>, Oberleutnant Lemp, was later killed -in action; but some of the original crew of the <span class='it'>U-30</span> have survived -to tell the tale, and they are now prisoners of war. And so that -the truth of this episode may be placed beyond a peradventure, -I submit to the Tribunal an affidavit by a member of the crew -of the <span class='it'>U-30</span>, as to the sinking of the <span class='it'>Athenia</span> and as to one aspect -of the attempt to conceal the true facts.</p> - -<p class='pindent'>I refer to Document C-654, Exhibit GB-219, at Page 106 of the -document book. The affidavit reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“I, Adolf Schmidt, Official Number N 1043-33T, of the -German Navy and former member of the crew of the -<span class='it'>U-30</span>, do solemnly declare that:</p> -<hr class='tbk330'/> -<p class='noindent'>“1. I am now confined to Camp No. 133, Lethbridge, Alberta.</p> -<hr class='tbk331'/> -<p class='noindent'>“2. That on the first day of war, 3 September 1939, a ship -of approximately 10,000 tons was torpedoed in the late hours -of the evening by the <span class='it'>U-30</span>. -<span class='pageno' title='266' id='Page_266'></span></p> -<hr class='tbk332'/> -<p class='noindent'>“3. That after the ship was torpedoed and we surfaced -again, approximately half an hour after the explosion, the -commandant called me to the tower in order to show me the -torpedoed ship.</p> -<hr class='tbk333'/> -<p class='noindent'>“4. That I have seen the ship with my very eyes, but that -I do not think that the ship could see our U-boat at that -time on account of the position of the moon.</p> -<hr class='tbk334'/> -<p class='noindent'>“5. That only a few members of the crew had an opportunity -to go to the tower in order to see the torpedoed ship.</p> -<hr class='tbk335'/> -<p class='noindent'>“6. That apart from myself, Oberleutnant Hinsch was in the -tower when I saw the steamer after the attack.</p> -<hr class='tbk336'/> -<p class='noindent'>“7. That I observed that the ship was listing.</p> -<hr class='tbk337'/> -<p class='noindent'>“8. That no warning shot was fired before the torpedo was -launched.</p> -<hr class='tbk338'/> -<p class='noindent'>“9. That I myself observed much commotion on board the -torpedoed ship.</p> -<hr class='tbk339'/> -<p class='noindent'>“10. That I believe that the ship had only one smoke stack.</p> -<hr class='tbk340'/> -<p class='noindent'>“11. That in the attack on this steamer one or two torpedoes -were fired which did not explode but that I myself heard -the explosion of the torpedo which hit the steamer.</p> -<hr class='tbk341'/> -<p class='noindent'>“12. That Oberleutnant Lemp waited until darkness before -surfacing.</p> -<hr class='tbk342'/> -<p class='noindent'>“13. That I was severely wounded by aircraft 14 September -1939.</p> -<hr class='tbk343'/> -<p class='noindent'>“14. That Oberleutnant Lemp, shortly before my disembarkation -in Reykjavik 19 September 1939, visited me in the -forenoon in the petty officers’ quarters where I was lying -severely wounded.</p> -<hr class='tbk344'/> -<p class='noindent'>“15. That Oberleutnant Lemp then had the petty officers’ -quarters cleared in order to be alone with me.</p> -<hr class='tbk345'/> -<p class='noindent'>“16. That Oberleutnant Lemp then showed me a declaration -under oath according to which I had to bind myself to -mention nothing concerning the incidents of 3 September -1939 on board the <span class='it'>U-30</span>.</p> -<hr class='tbk346'/> -<p class='noindent'>“17. That this declaration under oath had approximately the -following wording:</p> -<hr class='tbk347'/> -<p class='noindent'>“ ‘I, the undersigned, swear hereby that I shall shroud in -secrecy all happenings of 3 September 1939 on board the -<span class='it'>U-30</span>, regardless whether foe or friend, and that I shall erase -from my memory all happenings of this day.’</p> -<hr class='tbk348'/> -<p class='noindent'>“18. That I have signed this declaration under oath, which -was drawn up by the commandant in his own handwriting, -with my left hand very illegibly. -<span class='pageno' title='267' id='Page_267'></span></p> -<hr class='tbk349'/> -<p class='noindent'>“19. That later on in Iceland when I heard about the sinking -of the <span class='it'>Athenia</span> the idea came into my mind that the <span class='it'>U-30</span> -on the 3 September 1939 might have sunk the <span class='it'>Athenia</span>, -especially since the captain caused me to sign the above-mentioned -declaration.</p> -<hr class='tbk350'/> -<p class='noindent'>“20. That up to today I have never spoken to anyone concerning -these events.</p> -<hr class='tbk351'/> -<p class='noindent'>“21. That due to the termination of the war I consider myself -freed from my oath.”</p> - -</div> - -<p class='pindent'>Dönitz’ part in the <span class='it'>Athenia</span> episode is described in an affidavit -which he has sworn, which is Document D-638, Exhibit GB-220, -at Page 102 of the document book. The affidavit was sworn in -English, and I invite the Tribunal to look at it and observe the -addition in Dönitz’ handwriting of four words at the end of the -affidavit, the significance of which will be seen in a moment.</p> - -<p class='pindent'>The Defendant Dönitz states:</p> - -<div class='blockquote'> - -<p class='noindent'>“<span class='it'>U-30</span> returned to harbor about mid-September. I met the -captain, Oberleutnant Lemp, on the lockside at Wilhelmshaven, -as the boat was entering harbor, and he asked permission -to speak to me in private. I noticed immediately -that he was looking very unhappy and he told me at once -that he thought he was responsible for the sinking of the -<span class='it'>Athenia</span> in the North Channel area. In accordance with my -previous instructions he had been keeping a sharp lookout -for possible armed merchant cruisers in the approaches to the -British Isles, and had torpedoed a ship he afterwards -identified as the <span class='it'>Athenia</span> from wireless broadcasts, under the -impression that she was an armed merchant cruiser on patrol. -I had never specified in my instructions any particular type -of ship as armed merchant cruiser nor mentioned any names -of ships. I dispatched Lemp at once by air to report to the -SKL at Berlin; in the meantime, I ordered complete secrecy -as a provisional measure. Later in the same day or early -on the following day, I received a verbal order from Kapitän -zur See Fricke”—who was head of the operations division -of the naval war staff—“that:</p> -<hr class='tbk352'/> -<p class='noindent'>“Firstly, the affair was to be kept a total secret.</p> -<hr class='tbk353'/> -<p class='noindent'>“Secondly, the OKM considered that a court-martial was not -necessary as they were satisfied that the captain had acted -in good faith.</p> -<hr class='tbk354'/> -<p class='noindent'>“Thirdly, political explanations would be handled by the -OKM.</p> -<hr class='tbk355'/> -<p class='noindent'>“I had had no part whatsoever in the political events in -which the Führer claimed that no U-boat had sunk the -<span class='it'>Athenia</span>. -<span class='pageno' title='268' id='Page_268'></span></p> -<hr class='tbk356'/> -<p class='noindent'>“After Lemp returned to Wilhelmshaven from Berlin, I interrogated -him thoroughly on the sinking and formed the -impression that, although he had taken reasonable care, he -had still not taken sufficient precaution to establish fully the -identity of the ship before attacking. I had previously given -very strict orders that all merchant vessels and neutrals were -to be treated according to naval prize law before the occurrence -of this incident. I accordingly placed him under cabin -arrest, as I felt certain that a court-martial would only acquit -him and would entail unnecessary publicity”—and then -Dönitz had added the words “and loss of time.”</p> - -</div> - -<p class='pindent'>It is right, I think, that I should add the Dönitz’ suggestion -that the captain of the <span class='it'>U-30</span> sank the <span class='it'>Athenia</span> in mistake for a -merchant cruiser must be considered in the light of a document -which Colonel Phillimore submitted—the Document C-191, Exhibit -GB-193, dated the 22 of September 1939—in this period, which -contained Dönitz’ order that “the sinking of a merchant ship must -be justified in the War Diary as due to possible confusion with a -warship or an auxiliary cruiser.”</p> - -<p class='pindent'>Now, the <span class='it'>U-30</span> returned to Wilhelmshaven on 27 September -1939. I submit another fraudulent naval document, Document -D-659, Page 110 of the document book, which will be Exhibit -GB-221, which is an extract from the War Diary of the chief of -U-boats, and it is an extract for the 27th of September 1939. The -Tribunal will see that it reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“<span class='it'>U-30</span> comes in. She had sunk: S. S. <span class='it'>Blairlogies</span>; S. S. <span class='it'>Fanad -Head</span>.”</p> - -</div> - -<p class='pindent'>There is no reference at all, of course, to the sinking of the -<span class='it'>Athenia</span>.</p> - -<p class='pindent'>But perhaps the most elaborate forgery in connection with this -episode was the forgery of the log book of the <span class='it'>U-30</span>, which was -responsible for sinking the <span class='it'>Athenia</span>; and I now submit that original -log book to the Tribunal as Document D-662, which will be Exhibit -GB-222, and an extract from the first and relevant page of it is -found at Page 111 of the document book. I would like the Tribunal -to examine the original, if you will be good enough to do so, -because the Prosecution’s submission is that the first page of that -log book is a forgery, but a forgery which shows a curiously -un-German carelessness about detail. The Tribunal will see that -the first page of the text is a clear substitute for pages that have -been removed. The dates in the first column of that page are in -Arabic numerals. On the second and more authentic looking page, -and throughout the other pages of the log book, they are in Roman -numerals. -<span class='pageno' title='269' id='Page_269'></span></p> - -<p class='pindent'>The Tribunal will also see that all reference to the action of -the sinking of the <span class='it'>Athenia</span> on the 3rd of September is omitted. The -entries are translated on Page 111 of the document book for the -Court’s assistance.</p> - -<p class='pindent'>The log book shows that the position at 1400 hours, of the <span class='it'>U-30</span> -on the 3rd of September, is given as AL 0278, which the Tribunal -will notice is one of the very few positions quoted at all upon that -page, and which was, in fact, some 200 miles west of the position -where the <span class='it'>Athenia</span> was sunk. The course due south, which is -recorded in the log book, and the speed of 10 knots—those entries -are obviously designed to suggest that the <span class='it'>U-30</span> was well clear of -the <span class='it'>Athenia’s</span> position on the 3rd of September.</p> - -<p class='pindent'>Finally, and most curiously, the Tribunal will observe that -Lemp’s own signature upon the page dealing with the 3rd of -September differs from the other signatures in the text. Page 1 -shows Lemp’s signature with a Roman “p” as the final letter of -his name. On the other signatures, there is a script “p,” and the -inference I submit is that either the signature is a forgery or it -was made up by Lemp at some other, and probably considerably -later date.</p> - -<p class='pindent'>Now, in my submission, the whole of this <span class='it'>Athenia</span> story -establishes that the German Navy under Raeder embarked upon -deliberate fraud. Even before receiving Lemp’s reports, the -German Admiralty had repeatedly denied the possibility that a -German U-boat could be in the area concerned. The charts which -showed the disposition of U-boats and the position of sinking of -the <span class='it'>Athenia</span>, which Colonel Phillimore introduced, have shown the -utter dishonesty of these announcements; and my submission upon -this matter is this: Raeder, as head of the German Navy, knew all -the facts. Censorship and information control in Nazi Germany -were so complete that Raeder, as head of the Navy, must have been -party to the falsification published in the <span class='it'>Völkischer Beobachter</span>, -which was a wholly dishonorable attempt by the Nazi conspirators -to save their faces with their own people and to uphold the myth -of an infallible Führer backed by an impeccable war machine.</p> - -<p class='pindent'>The Tribunal has seen that truth mattered little in Nazi propaganda, -and it would appear that Raeder’s camouflage was not -confined to painting his ships or sailing them under the British -flag, as he did in attacking Norway and Denmark. With regard -to that last matter—the invasion of Norway and Denmark—I think -it is hardly necessary that I should remind the Tribunal of -Raeder’s leading part in that perfidious Nazi assault, the evidence -as to which has already been presented. I think I need only add -Raeder’s proud comment upon those brutal invasions, which is -<span class='pageno' title='270' id='Page_270'></span> -contained in his letter in Document C-155 at Page 25 of the document -book, which is already before the Tribunal as Exhibit GB-214. -That document, which is a letter of Raeder’s to the Navy, part -of which I have already read, states: “The operations of the Navy -in the occupation of Norway will for all time remain the grand -contribution of the Navy to this war.”</p> - -<p class='pindent'>Now, with the occupation of Norway and of much of Western -Europe safely completed, the Tribunal has seen that Hitler turned -his eyes towards Russia. Now, in fairness to Raeder, it is right -that I should say that Raeder himself was against the attack on -Russia and tried his best to dissuade Hitler from embarking upon -it. The documents show, however, that Raeder approached the -problem with complete cynicism. He did not object to the aggressive -war on Russia because of its illegality, its immorality, its -inhumanity. His only objection to it was its untimeliness. He -wanted to finish England first before going further afield.</p> - -<p class='pindent'>The story of Raeder’s part in the deliberations upon the war -against Russia is told in the Document C-170, at Page 37 of the -document book, which has already been submitted as Exhibit -Number USA-136. That document consists of extracts from a -German compilation of official naval notes by the German naval -war staff.</p> - -<p class='pindent'>The first entry, at Page 47 of the document book, which bore -the date of 26 September 1940, which is at Page 11 of Document -C-170, showed that Raeder was advocating to Hitler an aggressive -Mediterranean policy in which, of course, the Navy would play a -paramount role, as opposed to a continental land policy. The entry -reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Naval Supreme Commander with the Führer. Naval -Supreme Commander presents his opinion about the -situation: The Suez Canal must be captured with German -assistance. From Suez, advance through Palestine and Syria; -then Turkey in our power. The Russian problem will then -assume a different appearance. Russia is fundamentally -frightened of Germany. It is questionable whether action -against Russia from the north will then be still necessary.”</p> - -</div> - -<p class='pindent'>The next entry at Page 48 of the document book, for the 14th -of November:</p> - -<div class='blockquote'> - -<p class='noindent'>“Naval Supreme Commander with the Führer. Führer is -‘still inclined’ to instigate the conflict with Russia. Naval -Supreme Commander recommends putting it off until the -time after the victory over England, since there is heavy -strain on German forces and the end of warfare is not in -sight.”</p> - -</div> - -<p class='pindent'>Then there is the entry on Page 50 for 27 December 1940: -<span class='pageno' title='271' id='Page_271'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Naval Supreme Commander with the Führer. Naval Supreme -Commander emphasizes again that strict concentration of our -entire war effort against England as our main enemy is the -most urgent need of the hour. On the one hand, England -has gained strength by the unfortunate Italian conduct of -the war in the eastern Mediterranean and by the increasing -American support. On the other hand, however, she can be -hit mortally by a strangulation of her ocean traffic which is -already taking effect. What is being done for submarine -and naval air force construction is much too little. Our entire -war potential must work for the conduct of the war against -England; thus for the Navy and Air Force, every dispersion -of strength prolongs the war and endangers the final success. -Naval Supreme Commander voices serious objections against -Russia campaign before the defeat of England.”</p> - -</div> - -<p class='pindent'>At Page 52 of the document book, on the 18th of February 1941, -there is the entry:</p> - -<div class='blockquote'> - -<p class='noindent'>“Chief of Naval Operations (SKL) insists on the occupation -of Malta even before Barbarossa.”</p> - -</div> - -<p class='pindent'>On the next page, on the 23rd of February, there is this interesting -entry:</p> - -<div class='blockquote'> - -<p class='noindent'>“Instruction from Supreme Command, Armed Forces (OKW) -that seizure of Malta ‘is contemplated for the fall of 1941 -after the execution of Barbarossa’ ”—which the Tribunal -may think is a sublime example of wishful thinking.</p> - -</div> - -<p class='pindent'>The next entry, for the 19th of March 1941, which is at Page 54 -of the document book, shows that by March of 1941 Raeder had -begun to consider what prospects of naval action the Russian -aggression had to offer. There is the entry:</p> - -<div class='blockquote'> - -<p class='noindent'>“In case of Barbarossa, Supreme Naval Commander describes -the occupation of Murmansk as an urgent request of the -Navy; Chief of Supreme Command Armed Forces considers -compliance very difficult. . . .”</p> - -</div> - -<p class='pindent'>In the meantime, the entries in this document show that Mussolini, -the flunky of Nazism, was crying out for a more active Nazi -Mediterranean policy. I refer the Court to Page 57 of the document -book, the entry for the 30th of May. The word “Duce” is omitted -from the first line, and the entry should read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Duce demands urgently decisive offensive Egypt-Suez for -fall 1941; 12 divisions needed for that. ‘This stroke would -be more deadly to the British Empire than the capture of -London’; Chief, Naval Operations, agrees completely. . . .”</p> - -</div> - -<p class='pindent'>And then, finally, the entry for the 6th of June, indicating -strategic views of Raeder and the German Navy at this stage, -reads as follows. It is at Page 58 of the document book: -<span class='pageno' title='272' id='Page_272'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Supreme Naval Commander with the Führer. Memorandum -of the Chief, Naval Operations: ‘Observation of the strategic -situation in the eastern Mediterranean after the Balkan -campaign and the occupation of Crete and further conduct -of the war.’ ”</p> - -</div> - -<p class='noindent'>A few sentences below:</p> - -<div class='blockquote'> - -<p class='noindent'>“The memorandum points with impressive clarity to the -decisive aims of the war in the Near East. Their advancement -has moved into grasping distance by the successes in -the Aegean area and the memorandum emphasizes that the -offensive utilization of the present favorable situation must -take place with the greatest acceleration and energy, before -England has again strengthened her position in the Near -East with help from the United States of America. The -memorandum realizes the unalterable fact that the campaign -against Russia would be opened very shortly; but demands, -however, that the undertaking Barbarossa ‘which, because -of the magnitude of its aims, naturally stands in the foreground -of the operational plans of the armed forces leadership,’ -must under no circumstances ‘lead to an abandonment, -diminishing, or delay of the conduct of the war in the eastern -Mediterranean.’ ”</p> - -</div> - -<p class='pindent'>So that Raeder was, throughout, seeking an active role for his -Navy in the Nazi war plans.</p> - -<p class='pindent'>Now, once Hitler had decided to attack Russia, Raeder sought a -role for his Navy in the campaign against Russia; and the first -naval operational plan against Russia was a particularly perfidious -one. I refer the Tribunal to the Document C-170 which I have just -been reading from, at Page 59 of the document book. There the -Tribunal will see an entry for the 15th of June 1941:</p> - -<div class='blockquote'> - -<p class='noindent'>“On the proposal of Chief Naval Operations . . . use of arms -against Russian submarines south of the northern boundary -of the Öland warning area is permitted immediately; ruthless -destruction is to be aimed at.”</p> - -</div> - -<p class='pindent'>The Defendant Keitel provided a characteristically dishonest -pretext for this action in his letter, the Document C-38, which is -at Page 11 of the document book and which will be Exhibit GB-223. -The Tribunal sees that Keitel’s letter is dated the 15th of June 1941:</p> - -<div class='blockquote'> - -<p class='noindent'>“Subject: Offensive action against enemy submarines in the -Baltic Sea.</p> -<hr class='tbk357'/> -<p class='noindent'>“To: High Command of the Navy—OKM (SKL).</p> -<hr class='tbk358'/> -<p class='noindent'>“Offensive action against submarines south of the line -Memel-southern tip of Öland is authorized if the boats -cannot be definitely identified as Swedish during the approach -by German naval forces. -<span class='pageno' title='273' id='Page_273'></span></p> -<hr class='tbk359'/> -<p class='noindent'>“The reason to be given up to B-day is that our naval forces -believed to be dealing with penetrating British submarines.”</p> - -</div> - -<p class='pindent'>Now, that was on the 15th of June 1941, and the Tribunal will -remember that the Nazi attack on Russia did not take place until -the 22d of June of 1941. In the meantime Raeder was urging -Hitler, as early as the 18th of March 1941, to enlarge the scope -of the world war by inducing Japan to seize Singapore. The -relevant document is C-152, Exhibit GB-122, at Page 23 of the -document book. There is just one paragraph which I would like -to be permitted to read. The document describes the audience of -Raeder with Hitler on the 18th of March and the entries in it, in -fact, represent Raeder’s own views:</p> - -<div class='blockquote'> - -<p class='noindent'>“Japan must take steps to seize Singapore as soon as possible, -since the opportunity will never again be as favorable (whole -English fleet contained; unpreparedness of U.S.A. for war -against Japan; inferiority of U.S. fleet <span class='it'>vis-à-vis</span> the Japanese). -Japan is indeed making preparations for this action, but -according to all declarations made by Japanese officers she -will carry it out only if Germany proceeds to land in England. -Germany must therefore concentrate all her efforts on -spurring Japan to act immediately. If Japan has Singapore -all other East Asiatic questions regarding the U.S.A. and -England are thereby solved (Guam, Philippines, Borneo, -Dutch East Indies).</p> -<hr class='tbk360'/> -<p class='noindent'>“Japan wishes, if possible, to avoid war against the U.S.A. -She can do so if she determinedly takes Singapore as soon as -possible.”</p> - -</div> - -<p class='pindent'>The Japanese, of course, as events proved, had different ideas -from that.</p> - -<p class='pindent'>By the 20th of April 1941, the evidence is that Hitler had agreed -with this proposition of Raeder’s of inducing the Japanese to take -offensive action against Singapore. I refer the Tribunal again to -the Document C-170 and to an entry at Page 56 of the document -book, for the 20th of April 1941. A few sentences from that read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Naval Supreme Commander with Führer. Navy Supreme -Commander asks about result of Matsuoka’s visit and -evaluation of Japanese-Russian pact. . . . Führer has informed -Matsuoka ‘that Russia will not be touched if she behaves -in a friendly manner according to the treaty. Otherwise, he -reserves action for himself.’ Japan-Russia pact has been -concluded in agreement with Germany and is to prevent -Japan from advancing against Vladivostok and to cause her -to attack Singapore.”</p> - -</div> - -<p class='pindent'>Now an interesting commentary upon this document is found -in the Document C-66, at Page 13 of the document book. The -<span class='pageno' title='274' id='Page_274'></span> -Document C-66 has already been exhibited as GB-81. I would -refer the Court to Paragraph 3 at Page 13 of the document book. -At that time the Führer was firmly resolved on a surprise attack -on Russia, regardless of what was the Russian attitude to Germany. -This, according to reports coming in, was frequently changing; and -there follows this interesting sentence: “The communication to -Matsuoka was designed entirely as a camouflage measure and to -ensure surprise.”</p> - -<p class='pindent'>The Axis partners were not even honest with each other, and -this, I submit, is typical of the kind of jungle diplomacy with which -Raeder associated himself.</p> - -<p class='pindent'>I now, with the Tribunal’s permission, turn from the field of -diplomacy to the final aspect of the case against Raeder, namely, -to crimes at sea.</p> - -<p class='pindent'>The Prosecution’s submission is that Raeder throughout his -career showed a complete disregard for any international rule or -usage of war which conflicted in the slightest with his intention of -carrying through the Nazi program of conquest. I propose to submit -to the Tribunal only a few examples of Raeder’s flouting of the -laws and customs of civilized states.</p> - -<p class='pindent'>Raeder has himself summarized his attitude in the most -admirable fashion in the Document UK-65, which the Tribunal will -find at Page 98 of the document book, and which will be Exhibit -GB-224. Now that Document UK-65 is a very long memorandum -compiled by Raeder and the German naval war staff on the 15th of -October 1939—that is to say, only a few weeks after the war started. -And it is a memorandum on the subject of the intensification of the -war at sea, and I desire to draw the Tribunal’s attention to the -bottom paragraph at Page 98 of the document book. It is headed, -“Possibilities of Future Naval Warfare”:</p> - -<div class='blockquote'> - -<p class='noindent'>“I. Military requirements for the decisive struggle against -Great Britain:</p> -<hr class='tbk361'/> -<p class='noindent'>“Our naval strategy will have to employ all the military -means at our disposal as expeditiously as possible. Military -success can be most confidently expected if we attack British -sea communications wherever they are accessible to us, with -the greatest ruthlessness; the final aim of such attacks is to -cut off all imports into and exports from Britain. We should -try to consider the interests of neutrals in so far as this is -possible without detriment to military requirements. It is -desirable to base all military measures taken on existing -international law; however, measures which are considered -necessary from a military point of view, provided a decisive -success can be expected from them, will have to be carried -<span class='pageno' title='275' id='Page_275'></span> -out, even if they are not covered by existing international -law. In principle, therefore, any means of warfare which is -effective in breaking enemy resistance should be based on -some legal conception”—the nature of which is not specified—“even -if that entails the creation of a new code of naval -warfare.</p> -<hr class='tbk362'/> -<p class='noindent'>“The supreme war council . . . will have to decide what -measures of military and legal nature are to be taken. Once -it has been decided to conduct economic warfare in its most -ruthless form, in fulfillment of military requirements, this -decision is to be adhered to under all circumstances. Under -no circumstances may such a decision for the most ruthless -form of economic warfare, once it has been made, be dropped -or released under political pressure from neutral powers; that -is what happened in the World War to our own detriment. -Every protest by neutral powers must be turned down. Even -threats of further countries, particularly of the United States, -coming into the war, which can be expected with certainty -should the war last a long time, must not lead to a relaxation -in the form of economic warfare once embarked upon. The -more ruthlessly economic warfare is waged, the earlier will -it show results and the sooner will the war come to an end. -The economic effect of such military measures on our own -war economy must be fully recognized and compensated -through immediate reorientation of German war economy -and the re-drafting of the respective agreements with neutral -states; for”—these are the final words—“for this, strong -political and economic pressure must be employed if necessary.”</p> - -</div> - -<p class='pindent'>I submit that those comments are most revealing; and the -general submission of the Prosecution is that as an active member -of the inner council of the Nazi State right up to 1943, Raeder, -holding such ideas as these, must share responsibility for the many -War Crimes committed by his confederates and their underlings in -the course of the war.</p> - -<p class='pindent'>But quite apart from this over-all responsibility of Raeder, there -are certain crimes which the Prosecution submits were essentially -initiated and passed down the naval chain of command by Raeder -himself.</p> - -<p class='pindent'>I refer to the Document C-27, at Page 7 of the document book, -which will be Exhibit GB-225. Those are minutes of a meeting -between Hitler and Raeder on the 30th of December 1939. I will -read with the Court’s approval the second paragraph beginning:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Chief of the Naval Operations Staff requests that full -power be given to the Naval Operations Staff in making any -<span class='pageno' title='276' id='Page_276'></span> -intensification suited to the situation and to the means of war. -The Führer agrees in principle to the sinking without warning -of Greek ships in the American prohibited area and of -neutral ships in those sections of the American prohibited -area in which the fiction of mine danger can be upheld, e.g., -the Bristol Channel.”</p> - -</div> - -<p class='pindent'>At this time, of course, as the Tribunal knows, Greek ships were -also neutral and I submit that this is yet another demonstration of -the fact that Raeder was a man without principle.</p> - -<p class='pindent'>This incitement to crime was, in my submission, a typical group -effort, because in the Document C-12, which is at Page 1 of the -document book, the Tribunal will see that a directive to the effect -of those naval views was issued on the 30th of December 1939 by -the OKW, being signed by the Defendant Jodl. And that Document -C-12 will be Exhibit GB-226. It is an interesting document. It is -dated the 30th of December 1939, and it reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“On the 30th of December 1939, according to a report of the -Supreme Commander of the Navy, the Führer and Supreme -Commander of the Armed Forces decided that:</p> -<hr class='tbk363'/> -<p class='noindent'>“1) Greek merchant ships in the area declared by England -and the U.S.A. to be a barred zone are to be treated as enemy -vessels.</p> -<hr class='tbk364'/> -<p class='noindent'>“2) In the Bristol Channel all shipping may be attacked -without warning—where the impression of a mining incident -can be created.</p> -<hr class='tbk365'/> -<p class='noindent'>“Both measures are authorized to come into effect immediately.”</p> - -</div> - -<p class='pindent'>Another example of the callous attitude of the German Navy, -when it was under Raeder’s command, towards neutral shipping, -is found in an entry in Jodl’s diary. . .</p> - -<p class='pindent'>THE PRESIDENT: I think perhaps you should read the pencil -note, oughtn’t you?</p> - -<p class='pindent'>MAJOR JONES: The pencil note on the Document C-12 reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Add to 1): Attack must be carried out without being seen. -The denial of the sinking of these steamships, in case the -expected protests are made, must be possible.”</p> - -</div> - -<p class='pindent'>As I was saying, My Lord, another example of the callous attitude -of Raeder’s Navy towards neutral shipping is found in an entry -in Jodl’s diary for the 16th of June 1942, at Page 112 of the document -book, which is Document 1807-PS, and will be Exhibit GB-227. -This extract from Jodl’s Diary is dated the 16th of June 1942 and -it reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Operational Staff of the Navy (SKL) applied on the -29th May for permission to attack the Brazilian sea and air -<span class='pageno' title='277' id='Page_277'></span> -forces. The SKL considers that a sudden blow against the -Brazilian warships and merchant ships is expedient at this -juncture because defense measures are still incomplete, -because there is the possibility of achieving surprise, and -because Brazil is actually fighting Germany at sea.”</p> - -</div> - -<p class='pindent'>This, the Tribunal will see, was a plan for a kind of Brazilian -“Pearl Harbor” because the Tribunal will recollect that war did not -in effect break out between Germany and Brazil until the 22d of -August 1942.</p> - -<p class='pindent'>Raeder himself also caused the Navy to participate in War -Crimes ordered by other conspirators, and I shall give one example -only of that.</p> - -<p class='pindent'>On the 28th of October 1942, as the Document C-179, Exhibit -USA-543, at Page 63 of the document book shows, the head of the -operations division of the naval war staff promulgated to naval -commands Hitler’s notorious order of the 18th of October 1942 with -regard to the shooting of Commandos which in my submission -amounted to denying the protection of the Geneva Convention to -captured Commandos.</p> - -<p class='pindent'>The Tribunal will remember the document is dated the 28th of -October 1942, and it reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Enclosed please find a Führer order regarding annihilation -of terror and sabotage units.</p> -<hr class='tbk366'/> -<p class='noindent'>“This order must not be distributed in writing to officers -below the rank of a flotilla leader or a section commander. -After verbal notification to subordinate sections such officers -must hand this order over to the next higher section which is -responsible for its withdrawal and destruction.”</p> - -</div> - -<p class='pindent'>What clearer indication could there be than the nature of these -instructions as to the naval command’s appreciation of the wrongfulness -of the murders Hitler ordered?</p> - -<p class='pindent'>THE PRESIDENT: Shall we adjourn now for 10 minutes?</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>MAJOR JONES: I have drawn the Tribunal’s attention to the -circulation of Hitler’s order to shoot Commandos. I now draw the -Tribunal’s attention to an example of the execution of that order -by the German Navy during the period when Raeder was its -commander.</p> - -<p class='pindent'>My learned friend Mr. Roberts has already given the Tribunal -an account of a Commando operation of December 1942, which had -as its objective an attack on shipping in Bordeaux harbor. The -<span class='pageno' title='278' id='Page_278'></span> -Tribunal will recollect that the Wehrmacht account he quoted, Document -UK-57, Exhibit GB-164, stated that six of the 10 participants -in that commando raid were arrested and that all were shot on the -23 March 1943. In connection with that episode the Prosecution -has a further document throwing more light on this Bordeaux -incident and showing how much more expeditiously the Navy -under Raeder had implemented Hitler’s order on this particular -occasion. I draw the Court’s attention to Document C-176, at -Page 61 of the document book, Exhibit GB-228.</p> - -<p class='pindent'>That document consists of extracts from the war diary of -Admiral Bachmann, who was the German flag officer in charge of -western France. The first entry, at Page 61, is dated 10 December -1942 and reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“About 1015. Telephone call from personal representative of -the Commander of the SD in Paris, SS Obersturmführer -Dr. Schmidt, to flag lieutenant, requesting postponement of -the shooting, as interrogation had not been concluded. . . .</p> -<hr class='tbk367'/> -<p class='noindent'>“After consultation with the Chief of Operations Staff, the SD -had been directed to get approval direct from headquarters.</p> -<hr class='tbk368'/> -<p class='noindent'>“1820. SD, Bordeaux, requested Superior SD Office at -Führer’s headquarters to postpone the shooting for 3 days. -Interrogations continued for the time being.”</p> - -</div> - -<p class='pindent'>The next day, 11 December 1942:</p> - -<div class='blockquote'> - -<p class='noindent'>“Shooting of two English prisoners was carried out by a -unit (strength 1/16 men) attached to the harbor command, -Bordeaux, in the presence of an officer of the SD on order of -the Führer.”</p> - -</div> - -<p class='noindent'>Then there is a note in green pencil in the margin opposite this -entry which reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“SD should have done this. Phone flag officer in charge in -future cases.”</p> - -</div> - -<p class='pindent'>The Tribunal will therefore see from this Document C-176, that -the first two gallant men to be shot as a result of the Bordeaux -operation were actually put to death by a naval firing party on -the 11th of December 1942. They were Sergeant Wallace and -Marine Ewart, who had the misfortune to be captured on the 8th of -December in the preliminary stages of the operation.</p> - -<p class='pindent'>Of interest is the comment of the naval war staff upon this -shooting, which is found in Document D-658.</p> - -<p class='pindent'>THE PRESIDENT: What do the last two lines in Document -C-176 about the operation being “particularly favored” mean?</p> - -<p class='pindent'>MAJOR JONES: “The operation was particularly favored by the -weather conditions and the dark night”—that presumably, My Lord, -<span class='pageno' title='279' id='Page_279'></span> -is a reference to the operation of the marine Commandos in successfully -blowing up a number of German ships in Bordeaux harbor. -Alternately, I am advised by the naval officer who is assisting me, -that it probably is a reference to the conditions prevailing at the -time of the shooting of the two men.</p> - -<p class='pindent'>THE PRESIDENT: I should have thought so.</p> - -<p class='pindent'>MAJOR JONES: I stand corrected by the representative of the -British Navy upon my interpretation of the matter.</p> - -<p class='pindent'>THE PRESIDENT: Doesn’t it indicate that naval men had done it?</p> - -<p class='pindent'>MAJOR JONES: The shooting was in fact, as the entry of 11 -December shows, carried out by a naval party—by units belonging -to the naval officer in charge of Bordeaux.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>MAJOR JONES: I was seeking to draw the Tribunal’s attention -to the comment of the naval war staff upon that shooting, which is -in Document D-658, at Page 109, Exhibit GB-229. It reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Naval Commander, west France, reports that during the -course of the day explosives with magnets to stick on, mapping -material dealing with the mouth of the Gironde, aerial photographs -of the port installations at Bordeaux, camouflage -material, and food and water for several days were found. -Attempts to salvage the canoe were unsuccessful. The Naval -Commander west France has ordered that both soldiers be -shot immediately for attempted sabotage, if their interrogation, -which has begun, confirms what has so far been -discovered; their execution has, however, been postponed in -order to obtain more information.</p> -<hr class='tbk369'/> -<p class='noindent'>“According to a Wehrmacht report, both soldiers have meanwhile -been shot. The measure would be in accordance with -the Führer’s special order but is nevertheless something new -in international law, since the soldiers were in uniform.”</p> - -</div> - -<p class='pindent'>I submit that that last sentence shows very clearly that the -Naval High Command under Raeder accepted allegiance to the Nazi -conspiracy as of greater importance than any question of moral -principle or of professional honor and integrity. This operation of -the shooting of those two Commandos was, as I submit, not an act -of war, but a murder of two gallant men; and it is upon this somber -note that it is my duty to summarize this part of the Prosecution’s -case against the Defendant Raeder.</p> - -<p class='pindent'>The Prosecution’s submission is that he was not just a military -puppet carrying out political orders. The Tribunal has seen that, -before the Nazis came, he had worked actively to rebuild the -German Navy behind the back of the Reichstag. When the Nazis -<span class='pageno' title='280' id='Page_280'></span> -seized power, he unreservedly joined forces with them. He was the -prime mover in transferring the loyalty of the German Navy to the -Nazi Party. He was as much a member of the inner councils of -the Nazis as possibly any other defendant. And he was a member -of their main political advisory bodies.</p> - -<p class='pindent'>He was well aware of their aggressive designs and I submit he -assisted in their realization not only as a military technician, but -also as a mendacious politician. And he furthered, as I have submitted, -their brutal methods of warfare. And yet of all these -conspirators Raeder was one of the first to fall from his high -position. It is in fact true that the extension of war beyond the -boundaries of Poland came as a disappointment to him. His vision -of a Nazi armada mastering the Atlantic reckoned without Ribbentrop’s -diplomacy and Hitler’s ideas of strategy.</p> - -<p class='pindent'>I would draw the Tribunal’s attention to Document C-161, at -Page 35 of the document book, which is an extract, Exhibit GB-230, -from a memorandum of Raeder, dated 10 January 1943, just before -his retirement, entitled, “The Importance of German Surface Forces -for Conducting the War by the Powers Signatory to the Three -Power Pact.” The material entry reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . it was planned by the leaders of the National Socialist -Reich to give the German Navy by 1944-45 such a strength -that it would be possible to strike at the British vital arteries -in the Atlantic with sufficient ships, fighting power, and range.</p> -<hr class='tbk370'/> -<p class='noindent'>“In 1939, the war having begun 5 years earlier, the construction -of these forces was still in its initial stages. . . .”</p> - -</div> - -<p class='pindent'>The Tribunal will see from that document how completely Raeder -was cheated in his ambitious plans by miscalculation as to when -his high seas fleet would be required. The Tribunal has seen that -Raeder made a great effort to recover some of his lost glory with -his attack on an inoffensive Norway. He made many efforts to liven -up the war at sea, both at the expense of neutrals and also of the -customs and laws of the sea. But his further schemes, however, were -disregarded by his fellow conspirators, and in January 1943, Raeder -retired, and thereafter he was a leader in name only.</p> - -<p class='pindent'>I invite the Court’s attention to the Document D-655, at Page 108 -of the document book, Exhibit GB-231, which is a record in Raeder’s -handwriting of his interview with Hitler on the 6th of January 1943, -which led to Raeder’s retirement. I am only proposing to read the -fifth paragraph, in which Raeder records:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . if the Führer was anxious to demonstrate that the -parting was of the friendliest character and wished that the -name Raeder should continue to be associated with the Navy, -particularly abroad, it would perhaps be possible to make an -appointment to the Inspector General, giving appropriate -<span class='pageno' title='281' id='Page_281'></span> -publicity in the press, <span class='it'>et cetera</span>. But a new Commander-in-Chief -of the Navy with full responsibility for this office must -be appointed. The position of Inspector General, or whatever -it was decided to call it, must be purely nominal.</p> -<hr class='tbk371'/> -<p class='noindent'>“The Führer”—the record reads—“accepted this suggestion -with alacrity. The Inspector General could perhaps carry out -special tasks for him, make tours of inspection, <span class='it'>et cetera</span>. The -name of Raeder was still to be associated with the Navy. After -Commander-in-Chief of the Navy had repeated his request, -the Führer definitely agreed to 30th January as his release -date. He would like to think over the details.”</p> - -</div> - -<p class='pindent'>This was Raeder’s twilight, and indeed a very different occasion -from the period of his ascendancy in 1939, when on the 12th of -March Raeder spoke on the occasion of the German Heroes’ Day. -I now refer the Court to the final document on Raeder, an account -of that speech in March 1939, which is at Page 103 of the document -book, in the Document D-653, Exhibit GB-232. The first paragraph -reads:</p> - -<div class='blockquote'> - -<p class='noindent'>“Throughout Germany celebrations took place on the occasion -of Hero Commemoration Day. . . . These celebrations were -combined for the first time with the celebration of the freedom -to rearm. . . . The day’s chief event was the traditional ceremony -held in the Berlin State Opera House in Unter den -Linden.”</p> - -</div> - -<p class='pindent'>In the presence of Hitler and representatives of the Party and -Armed Forces, General-Admiral Raeder made a speech, extracts -from which are given below.</p> - -<p class='pindent'>I turn to Page 2 of the record, Page 104 of the document book, -to about the 15th line:</p> - -<div class='blockquote'> - -<p class='noindent'>“National Socialism”—says Raeder—“which originates from -the spirit of the German fighting soldier, has been chosen by -the German people as its ideology. The German people follow -the symbols of its regeneration with as much great love as -fanatical passion. The German people has had practical experience -of National Socialism and it has not been imposed, -as so many helpless critics abroad believe. The Führer has -shown his people that in the National Socialist solidarity of -the people lies the great and invincible source of strength, -whose dynamic power ensures not only peace at home but -also enables us to release all the Nation’s creative powers.”</p> - -</div> - -<p class='noindent'>There follow eulogies of Hitler, and a few sentences below:</p> - -<div class='blockquote'> - -<p class='noindent'>“This is the reason for the clear and unsparing summons to -fight Bolshevism and international Jewry, the nation-destroying -activities of which our own people have sufficiently -suffered. Therefore, the alliance with all like-minded nations -<span class='pageno' title='282' id='Page_282'></span> -who, like Germany, are not willing to allow their strength, -dedicated to construction and peaceful work at home, to be -disrupted by alien ideologies and by parasites of a foreign -race.”</p> - -</div> - -<p class='noindent'>Then a few sentences on:</p> - -<div class='blockquote'> - -<p class='noindent'>“If later on we instruct in the technical handling of weapons, -this task demands that the young soldier should also be taught -National Socialist ideology and the problems of life. This part -of the task, which becomes for us both a duty of honor and a -demand which cannot be refused, can and will be carried out -if we stand shoulder to shoulder and in sincere comradeship -to the Party and its organizations. . . .”</p> - -</div> - -<p class='noindent'>The next sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Armed Forces and the Party thus became more and -more united in attitude and spirit.”</p> - -</div> - -<p class='noindent'>And then just two sentences on the next page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Germany is the protector of all Germans within and beyond -our frontiers. The shots fired at Almeria are proof of that.”</p> - -</div> - -<p class='pindent'>That refers, of course, to the bombardment of the Spanish town -of Almeria, carried out by a German naval squadron on the 31 May -1937 during the course of the Spanish Civil War.</p> - -<p class='pindent'>There are further references to the Führer and his leadership, -and then a final sentence of the first paragraph of Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“They all planted into a younger generation the great tradition -of death for a holy cause, knowing that with their blood they -will lead the way towards the freedom of their dreams.”</p> - -</div> - -<p class='pindent'>My submission is that that speech of Raeder’s is the final proof -of his deep personal involvement in the Nazi conspiracy. There is -the mixture of heroics and fatalism that led millions of Germans to -slaughter. There are boasts of violence used on the people of Almeria. -There is the lip service to peace by a man who planned conquest. -“Armed Forces and the Party have become more and more united -in attitude and spirit”—there is the authentic Nazi voice. There is -the assertion of racialism. Finally, there is the anti-Semitic gesture, -Raeder’s contribution to the outlook that produced Belsen. Imbued -with these ideas he became an active participant on both the -political and military level in the Nazi conspiracy to wage wars of -aggression and to wage them ruthlessly.</p> - -<p class='pindent'>MR. RALPH G. ALBRECHT (Associate Trial Counsel for the -United States): May it please the Tribunal, the United States will -continue with the presentation, showing the individual responsibility -of the Defendant Von Schirach. It will be made by Captain Sprecher.</p> - -<p class='pindent'>CAPTAIN DREXEL A. SPRECHER (Assistant Trial Counsel for -the United States): May it please the Tribunal, it is my responsibility -<span class='pageno' title='283' id='Page_283'></span> -to present the individual responsibility of the Defendant Schirach -for Crimes against the Peace, War Crimes, and Crimes against -Humanity as they concern directly the Common Plan or Conspiracy.</p> - -<p class='pindent'>The Prosecution contends that the Defendant Schirach is guilty -of having exercised a leading part in the Nazi conspiracy from 1925 -until the Nazi downfall.</p> - -<p class='pindent'>The conspiratorial acts and the criminality of the Defendant -Schirach may be grouped for purposes of convenience into three -principal phases: (1) His early support of the conspirators over the -period 1925-1929; (2) his leadership and direction of German youth -over the period 1929-1945; (3) his leadership of the Reichsgau Vienna -as chief representative of the Nazi Party and the Nazi State in -Vienna for the period July 1940 to 1945. The presentation will take -up each of these principal phases after a brief listing of all the -principal positions which Schirach held.</p> - -<p class='pindent'>In presenting first a listing of the positions held by Schirach, it -is not intended immediately to describe the functions of each of -these positions. Insofar as a description of the functions of any -particular position is still felt necessary at this stage of the Trial, it -will be given later during the discussion of Schirach’s conspiratorial -acts as Nazi Youth Leader and as Nazi official in Vienna.</p> - -<p class='pindent'>For the consideration of the Tribunal, we have submitted a brief -on this subject. The document book contains English translations -of 29 documents. Although we feel that we have reduced the number -of documents to the minimum, the document book is still large. But -Schirach’s subversion of German youth is a large subject, even apart -from any of his other acts. Most of these documents are from -German publications, of which the Tribunal can take judicial notice. -Therefore, in most cases, it is intended only to paraphrase these -documents, unless the Tribunal in particular instances will indicate -that they like fuller treatment.</p> - -<p class='pindent'>Before passing to the proof I want to express my appreciation, -particularly to Major Hartley Murray, Lieutenant Fred Niebergall -at my right, and Mr. Norbert Heilpern for their assistance in -research, analysis, translation, and organization of these materials.</p> - -<p class='pindent'>Schirach agrees he held the following positions. They are found -in two affidavits, an affidavit of certificate and one affidavit of -report dated December 1945, which is Document 3302-PS, document -book, Page 110.</p> - -<p class='pindent'>I want to offer that affidavit as Exhibit Number USA-665. The -certificate, which I will rely on for only one point, is Document -2973-PS. It is already in evidence as Exhibit Number USA-14.</p> - -<p class='pindent'>Turning first to Document 3302-PS: This affidavit shows that -Schirach was a member of the Party from 1925 to 1945; that he was -a leader of the National Socialist Student League from 1929 to 1931; -<span class='pageno' title='284' id='Page_284'></span> -that he was leader of the Hitler Youth Organization from 1931 to -1940. In 1931 and 1932 Schirach was Reich Youth Leader on the -staff of the SA Supreme Command, where at that time all Nazi -youth organizations were centralized. Also, Schirach was Reich -Youth Leader of the NSDAP from 1931 to 1940.</p> - -<p class='pindent'>In 1932 Schirach became an independent Reich Leader (Reichsleiter), -in the Party. Upon acquiring this relatively independent -position, he no longer remained on the staff of the SA Supreme -Command, since Nazi youth affairs thereafter, with the creation of -the Reich Youth Leadership, were directly subordinate to Hitler -with Schirach at the helm. We had that kind of condition existing -in the Party where, under the Leadership Principle, at the pinnacle -you had one man, Schirach, and you no longer had the youth -affairs underneath the SA. However, within the SA, Schirach -retained the rank and the title of a Gruppenführer throughout the -period from 1931 to 1941, and in that year, 1941, he was elevated to -the rank of an SA Obergruppenführer, a rank which Schirach continued -to hold in the SA until the collapse.</p> - -<p class='pindent'>Schirach was Reich Leader of Youth Education in the NSDAP -from 1932 until the collapse. In other words, from before the Nazis -came to state power until the final downfall, this defendant held the -high position of a Reichsleiter, a Reich Leader, inside the Party.</p> - -<p class='pindent'>Now, in addition to these positions in the Party, Schirach held -the following positions in the Nazi State:</p> - -<p class='pindent'>Reich Youth Leader, 1933 to 1940; Reich governor (Reichsstatthalter) -of the Reichsgau Vienna, 1940 to 1945; Reich Defense Commissioner -of Vienna, 1940 to 1945.</p> - -<p class='pindent'>Now, although Schirach gave up some of his positions with -respect to the leadership of German youth in 1940 when he accepted -these positions in Vienna, he still continued to hold after that time -the Party position of Reich Leader for Youth Education in the -NSDAP. Moreover, he was given a very special position: Deputy to -the Führer for the Inspection of the Hitler Youth, the organization -which he, of course, had led until 1940. He continued in these last -two positions until the downfall.</p> - -<p class='pindent'>The certificate, Document 2973-PS, the only thing I rely on there -in this particular presentation, is to show that Schirach was a -member of the Reichstag from 1932 to 1945.</p> - -<p class='pindent'>We next take up acts showing that Schirach actively promoted -the NSDAP and its affiliated youth organizations before the Nazis -seized power. Schirach was an intimate and a servile follower of -Hitler from the year 1925. In that year, when he was only 18 years -old, Schirach joined the Nazi conspirators by becoming a member of -the Party. Upon special request of Hitler, he went to Munich to -study Party affairs. He became active in converting students to -<span class='pageno' title='285' id='Page_285'></span> -National Socialism. I am paraphrasing there, Your Honors, from -Paragraph 2 of Schirach’s own affidavit, Document 3302-PS, Exhibit -Number USA-665, found at Page 110 of the document book.</p> - -<p class='pindent'>Now, this was the start of conspiratorial activities which Schirach -thereafter continued for two decades in a spirit of unbending loyalty -to Hitler and to the principles of National Socialism. Hitler’s early -personal attentions to this defendant bore fruit for the conspirators, -and we find Schirach’s stature in the Party circles rapidly growing -through these early years.</p> - -<p class='pindent'>In 1929 Schirach was made national leader of the entire National -Socialist German Students League. He retained this position for -2 years until 1931. Document 3464-PS, document book, Page 121, is -an extract from the 1936 edition of the Party manual, Exhibit -Number USA-666, which I would like to offer in evidence. This -makes it clear that the purpose of the Nazi Students League was the -ideological and political conversion of students in universities and -technical schools to National Socialism.</p> - -<p class='pindent'>After 1931 Schirach devoted his full time to Party work. Schirach -was elected a Nazi member of the Reichstag in 1932, and therefore -he played his part in the unparliamentary conduct of the Nazi -Reichstag members during the last months of the existence of the -Reichstag as an independent instrument of government.</p> - -<p class='pindent'>Some of the best evidence concerning Schirach’s support of the -conspiracy in its early stages comes from Schirach’s own words in -his book <span class='it'>The Hitler Youth</span>. Excerpts from this book are found in -Document Number 1458-PS, document book, Page 1. It is offered -in evidence as Exhibit Number USA-667. Now, since this book, Your -Honors, covers many years and many topics, I shall be required to -refer to it occasionally later on.</p> - -<p class='pindent'>An example of Schirach’s servile loyalty to Hitler during the -early years is found at Page 17 of this book, Page 12 of your -document book. There he writes of his early years of Party activity -as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“We were not yet able to account for our conception in detail. -We simply believed. And when Hitler’s book <span class='it'>Mein Kampf</span> -was published, it was our bible, which we almost learned by -heart in order to answer the questions of the doubters and -superior critics. Almost everyone who today is leading youth -in a responsible position joined us in those years.”</p> - -</div> - -<p class='pindent'>Before 1933 Schirach moved throughout Germany, leading demonstrations, -summoning German youth to membership in the Hitler -Youth. When the Hitler Youth and the wearing of its uniform were -forbidden by law, Schirach continued his activities by illegal means. -Of this period he himself writes, at Page 26 of his book on <span class='it'>The -Hitler Youth</span>, Pages 16 and 17 of your document book, as follows: -<span class='pageno' title='286' id='Page_286'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“At this time the HJ (the Hitler Jugend) gained its best -human material. Whoever came to us during this illegal time, -boy or girl, risked everything. . . . With pistols in our pockets -we drove through the Ruhr district while stones came flying -after us. We jumped every time we heard a bell ring, because -we lived in constant fear of arrests and expected our houses -to be searched.”</p> - -</div> - -<p class='pindent'>At Page 27 of the same book, Page 18 of Your Honors’ document -book, Schirach indicates that in the early intra-Party fight between -Hitler and Strasser, Schirach clung steadfastly to the Hitler clique, -and then, in discussing Strasser, he exchanged his confidence only -with Hitler and the Defendant Streicher. It is hardly necessary to -argue that such an intimate of the Führer, himself, was advised -from the beginning of the general purposes, plans, and methods of -the conspiracy.</p> - -<p class='pindent'>As an interesting sidelight, I believe a number of those conferences, -you will note, took place in Schirach’s apartment in -Munich, and that Hitler used to come there occasionally.</p> - -<p class='pindent'>Schirach was the leading Nazi conspirator in destroying all -independent youth organizations and in building the Nazi youth -movement. In connection with this point, the attention of the -Tribunal is invited to the brief of the United States Chief of Counsel -entitled “The Reshaping of Education, Training of Youth,” which -was written for the United States Chief of Counsel by Major Hartley -Murray, and to the documents cited therein under the section -headed “b.” “The Nazi conspirators supplemented the school system -by training youth through the Hitler Jugend.” These documents -were offered in evidence in Document Book D in the earlier phase -of this Trial. The attention of the Tribunal is also called to the -motion picture <span class='it'>The Nazi Plan</span>, which was shown before the Tribunal -on the 11th of December, insofar as that film involved the Defendant -Schirach and his Hitler Youth organization. Occasions when -Schirach’s activities are shown in this film are noted in Document -Number 3054-PS, the index and the guide to this film, which is -already in evidence as Exhibit Number USA-167.</p> - -<p class='pindent'>It was the task of Schirach to perpetuate the Nazi regime through -generations by poisoning the minds of youth with Nazi ideology -and preparing youth for aggressive war. This poisoning will long -outlive the defendant. Indeed, one of the principal purposes of -this exposure must be to bring to those German youths who -survived the Nazi-created catastrophe a true picture of this man -whom Nazi propaganda presented as a great youth hero; a man -against whom the living breath of free criticism and the truth itself -could make no answer before German youth or before the German -people, for more than 10 years. -<span class='pageno' title='287' id='Page_287'></span></p> - -<p class='pindent'>Again, from Schirach’s own hand in his book, <span class='it'>The Hitler Youth</span>, -we have crystal-clear evidence concerning the methods and the -tactics employed by this defendant in his destruction of independent -youth organizations and their incorporation into the Hitler Youth. -At Page 32, Pages 19 and 20 of Your Honors’ document book, -Schirach states that in 1933 the new Cabinet ministers were too -overburdened to solve the youth question by their own initiative; -that therefore he, Schirach, then leader of the Hitler Youth, commissioned -one of his confederates to lead 50 members of the Berlin -Hitler Youth in a surprise raid on the Reich Committee of German -Youth Organizations. This raid resulted in destroying the Reich -Committee and its absorption within the Hitler Youth. This raid -was closely followed by a second surprise raid of like success upon -the Youth Hostels Organization, Page 33, <span class='it'>The Hitler Youth</span>, found -at Pages 20 and 21 of the document book.</p> - -<p class='pindent'>Now, after these successful showings of force and terror, -Schirach’s star climbed higher. He was appointed Youth Leader -of the German Reich in June 1931 in a solemn ceremony before -Hitler. Concerning his next steps, Schirach writes at Pages 35 -and 36 of his book, Page 22 of the document book, as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The first thing I did was to dissolve the Greater German -League. Since I headed all German youth organizations and -I had the right to decide on their leadership, I did not -hesitate for a moment to take this step which was for the -Hitler Youth the elimination of an unbearable state of -affairs.”</p> - -</div> - -<p class='pindent'>Schirach accomplished the dissolution and destruction of most -youth organizations by orders which he issued and signed as Youth -Leader of the German Reich. This is shown by the order contained -in Document Number 2229-PS, your document book, Page 65, which -is offered in evidence as Exhibit Number USA-668.</p> - -<p class='pindent'>By this one order of Schirach nine youth organizations were -dissolved, including the Boy Scout movement.</p> - -<p class='pindent'>The Protestant and Catholic youth organizations were the last to -be destroyed and absorbed by the Hitler Youth. Schirach accomplished -the absorption of the Protestant youth organization by -agreement with the Hitler-appointed Reich Bishop Ludwig Müller, -Page 38 of <span class='it'>The Hitler Youth</span>, Page 24 of the document book. -Schirach’s objective in forcing all German youth into the Hitler -Youth was finally accomplished in December 1936 by the basic law -on the Hitler Youth. Document Number 1392-PS is a decree, 1936, -<span class='it'>Reichsgesetzblatt</span>, Part I, Page 993, of which, of course, the Tribunal -may take judicial notice. This law declared in part, and Your -Honors, I read from this because it shows so clearly the nature of -<span class='pageno' title='288' id='Page_288'></span> -what was to happen and what was already happening to German -youth under Schirach.</p> - -<p class='pindent'>THE PRESIDENT: Is it set out in the document book?</p> - -<p class='pindent'>CAPT. SPRECHER: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: What page?</p> - -<p class='pindent'>CAPT. SPRECHER: It is Document Number 1392-PS. It is at -Page 6 of your document book:</p> - -<div class='blockquote'> - -<p class='noindent'>“The future of the German nation depends on its youth, and -German youth will have to be prepared for its future -duties. . . . All of the German youth in the Reich is organized -within the Hitler Youth. . . . The German youth, besides being -reared within the family and school, shall be educated -physically, intellectually, and morally in the spirit of National -Socialism to serve the people and the community through the -Hitler Youth. . . . The task of educating the German youth -through the Hitler Youth is being entrusted to the Reich -Leader of German Youth in the NSDAP. . . .”</p> - -</div> - -<p class='pindent'>The first executive order on this basic law concerning the Hitler -Youth was issued on the 25th of March 1939. If you refer to Page 40 -of your document book, this decree, 1939, <span class='it'>Reichsgesetzblatt</span>, Part I, -Page 709, among other points confirms the exclusive nature of -Schirach’s responsibility concerning German youth. I will quote -only one sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Youth Leader of the German Reich is solely competent -for all missions of the physical, ideological, and moral education -of the entire German youth outside home and school.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Captain Sprecher, I think you have told us -enough now to satisfy us that Von Schirach was in charge, of the -ideological education of German youth and completely in charge of it.</p> - -<p class='pindent'>CAPT. SPRECHER: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: And we don’t desire to hear any more of it.</p> - -<p class='pindent'>CAPT. SPRECHER: I understand.</p> - -<p class='pindent'>In exercising his far-reaching control over German youth, -Schirach naturally relied on the common techniques of the Nazi -conspirators, including the Leadership Principle, the nature of which -has already been established before this Tribunal. The Tribunal will -find a galling glorification and explanation of the Leadership -Principle as it was applied to German youth, in Schirach’s book, -<span class='it'>The Hitler Youth</span>, at Page 68, translated at Page 32 of the document -book. I won’t read from that.</p> - -<p class='pindent'>In his affidavit, Document Number 3302-PS, Paragraph 5, -Schirach states, “It was my task to educate the youth in the aims, -<span class='pageno' title='289' id='Page_289'></span> -ideology, and directives of the NSDAP, and beyond this to direct -and to shape them.”</p> - -<p class='pindent'>Naturally, Schirach established and directed an elaborate -propaganda apparatus to accomplish a thorough-going poisoning of -the minds of German youth. Document Number 3349-PS, your -document book Page 114, is offered in evidence as Exhibit -Number USA-666.</p> - -<p class='pindent'>This is an excerpt from Pages 452 and 453 of the 1936 edition -of the Party manual. This document will show that the Reich -Youth Leadership (Reichsjugendführung) of the NSDAP prepared -and published numerous periodicals ranging from a daily press -service to monthly magazines. This document also shows that the -propaganda office of the Hitler Youth maintained, through liaison -agents, a political and ideological connection with the propaganda -office of the NSDAP and with the Propaganda Ministry, both of -which, of course, were headed by the conspirator Goebbels.</p> - -<p class='pindent'>Schirach shares with the conspirator Dr. Robert Ley, Reich -Organizationsleiter of the NSDAP, the responsibility for the -establishment and general administration of the Adolf Hitler -Schools. This is shown by a joint statement of Ley and Schirach -in the year 1937, which is found in the document book at Page 100. -It is our Document 2653-PS, offered in evidence as Exhibit -Number USA-669. This document shows that these Adolf Hitler -Schools were open free of charge to outstanding and proved -members of the Young Folk, the junior section of the Hitler Youth -organization. It further shows that the object of these schools was -the building of youthful leadership for the Nazi Party and the Nazi -State apparatus.</p> - -<p class='pindent'>Schirach extended his education of German Youth into the field -of law and the legal profession even though these fields were -principally under the control of the Defendant Frank. Proof is found -in Document Number 3459-PS, Page 120 of the document book. -This is a one-page extract from an account of the Congress of -German Law in 1939. It is offered as Exhibit Number USA-670. -This document shows that beyond purely technical education in law -it was considered by the conspirators to be the task of the Party -to exercise influence upon the ideological conceptions of the Young -Law Guardians League. This league was a junior organization of -the National Socialist Law Guardians League, a Nazi-controlled -organization of lawyers.</p> - -<p class='pindent'>Now, at this Congress to which the document refers, an official -of the youth law guardians declared that ignorance of the simplest -legal principles could best be fought within the Hitler Youth and -that, therefore, the legal education program of the Hitler Youth -was to receive the broadest support. -<span class='pageno' title='290' id='Page_290'></span></p> - -<p class='pindent'>Obergebietsführer Arthur Axmann, the subordinate of Schirach -at that time and who in 1940 was to succeed him as leader of the -Hitler Youth, was at that time, namely, May 1939, appointed the -chairman of a youth legal committee for the establishment of the -Youth Law. He was appointed by the Defendant Frank.</p> - -<p class='pindent'>THE PRESIDENT: Captain Sprecher, I don’t think I made it -quite clear that the Tribunal is not really interested in these details -by which the Defendant Von Schirach acquired his power over the -German Youth. You have told us sufficient to establish in our -minds, so far at any rate, that he managed to get absolute command -over the German youth. The only thing that seems to me to be -material, at the present stage, is whether or not you can show us -any direct evidence that the Defendant Schirach was a party to the -aggressive aims of the Reich leaders, or to any War Crimes or to -any Crimes against Humanity. Unless you can show us that, your -address to us is really not useful to us at this stage.</p> - -<p class='pindent'>CAPT. SPRECHER: I plan to take up directly, Your Honor, -the question of the militarization of youth. I did want to make -one reference at this point to the relation of the Hitler Youth to -the League for Germans Abroad, if that is satisfactory to -Your Honor.</p> - -<p class='pindent'>THE PRESIDENT: Well, that may bear on the aggressive aims -of the Reich leaders.</p> - -<p class='pindent'>CAPT. SPRECHER: Schirach extended the influence of the -Hitler Youth beyond the borders of Germany by means of co-operation -between the Hitler Youth and the League for Germans -Abroad, the VDA. This is proved by an agreement made in 1933 -between Schirach and leaders of the VDA which is contained in -Document L-360(h), document book Page 3. This is offered in -evidence as Exhibit Number USA-671.</p> - -<p class='pindent'>Now, Schirach discusses in his book, <span class='it'>The Hitler Youth</span>, under -the chapter heading, “Work Abroad”—that is Chapter 4 of the book, -Pages 34 to 38 of the document book—some of the connections of -the Hitler Youth with such Nazi ideas as Lebensraum, colonial -policy as an ideological weapon.</p> - -<p class='pindent'>I won’t read from that, since it also covers to a certain extent. . .</p> - -<p class='pindent'>THE PRESIDENT: Did it talk about Lebensraum?</p> - -<p class='pindent'>CAPT. SPRECHER: It actually used the word Lebensraum. At -Page 36 of the document book there is reference made to the -Ostraum, space in the East. . .</p> - -<p class='pindent'>THE PRESIDENT: I thought the document you were dealing -with was L-360 on Page 3. -<span class='pageno' title='291' id='Page_291'></span></p> - -<p class='pindent'>CAPT. SPRECHER: I am sorry. I had gone on from there, to -speak about Schirach’s book, Document 1458-PS, and I had mentioned -that at Pages 34 to 38 of the document book there were -references concerning the Nazi ideas of colonial policy and Lebensraum, -and that this book by Schirach indicated that the Hitler -Youth was charged with spreading those ideas.</p> - -<p class='pindent'>He uses the word “Ostraum” in speaking of space in the East, -and he discusses German youth organizations abroad and the -German schools in these countries. And then I wish particularly to -point out on Page 37 the following sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“It will be taken into consideration concerning this schooling -that the guiding line of German population policy which aims -at the utilization of the space in the East will not be -violated.”</p> - -</div> - -<p class='pindent'>Now, the conspirators devoted a great deal of energy to the -perpetuation of their scheme of things by selecting and training -successors for Nazi leadership, selecting and training and acquiring -active Nazis for the rank and file of the NSDAP and its affiliated -organizations, including the SA and the SS which are alleged here -to be criminal organizations.</p> - -<p class='pindent'>A number of orders issued by the Party Chancellery under the -heading, “Successor Problems,” show the dominant part assumed by -Schirach and his Hitler Youth in this field. Our Document Number -3348-PS, “Selections from Volume I of the Decrees, Regulations, and -Announcements of the Party Chancellery,” already marked in -evidence as Exhibit Number USA-410, contains some of these orders, -which I won’t take the time to read. But they are all contained on -one page, Page 113, of your document book.</p> - -<p class='pindent'>Only Hitler Youth members who distinguished themselves were -to be admitted to the Party. Nazi leaders were directed to absorb -full-time Hitler Youth leaders into their staffs so as to offer them -practical experience and thus secure necessary successors for the -Leadership Corps which is also alleged as a criminal organization. -This pivotal and central function of the Hitler Youth in the domination -of German life by the Party is also shown at Pages 80 and 81 -of the 1938 Party manual, Exhibit Number USA-430, found at Page -74 of the document book.</p> - -<p class='pindent'>THE PRESIDENT: That last page, Page 113, does that refer to -any of the matters to which I drew your attention? It is simply the -organization of the youth; it has nothing to do with any criminal aims.</p> - -<p class='pindent'>CAPT. SPRECHER: Your Honor, it certainly is the contention of -the Prosecution that any man who took an active part in furnishing -for these criminal organizations young members committed a crime. -<span class='pageno' title='292' id='Page_292'></span></p> - -<p class='pindent'>THE PRESIDENT: I quite understand that, and that is why I -told you that we were satisfied that so far you had shown that he -had acquired absolute control over and was the leader of the -German youth. The only thing we want to hear about at this stage -is whether he was a party to the schemes for aggressive war, to War -Crimes, or to Crimes against Humanity. That is what we want to -hear, and we don’t want to hear anything else.</p> - -<p class='pindent'>CAPT. SPRECHER: Your Honors, may I pass, then, to the -connection of Hitler Youth to the SS. Document 2396-PS, which is -found at Page 69 of the document book and which is offered as -Exhibit Number USA-673, has a quotation in it concerning the -Streifendienst of the Hitler Youth; the Streifendienst being the patrol -service, a type of self-police organization of the Hitler Youth. The -quotation which I intend to read will indicate how this organization -became the principal supplier of the SS.</p> - -<p class='pindent'>Are Your Honors interested in having me read that quotation -concerning the Hitler Youth as the main source of the SS?</p> - -<p class='pindent'>THE PRESIDENT: Yes, perhaps; I haven’t read it.</p> - -<p class='pindent'>CAPT. SPRECHER: This document is an agreement between -Schirach and Himmler. It was concluded in October 1938. It bears, -I think, partial quoting:</p> - -<div class='blockquote'> - -<p class='noindent'>“Organization of the Streifendienst.</p> -<hr class='tbk372'/> -<p class='noindent'>“1. Since the Streifendienst in the Hitler Youth has to perform -tasks similar to those which the SS perform for the whole -movement, it is organized as a special unit for the purpose of -securing recruits for the General SS. However, as much as -possible, recruits for the SS Special Troops, for the SS Death’s -Head Units, and for the officer-candidate schools, should also -be taken from these formations.”</p> - -</div> - -<p class='pindent'>I am skipping down now to 4a, which is underlined in red in your -book:</p> - -<div class='blockquote'> - -<p class='noindent'>“The selection of Streifendienst members is made according to -the principles of racial selection of the Schutzstaffel. The -competent officials of the SS, primarily unit leaders, race -authorities, and SS physicians, will be consulted for the -admission tests.”</p> - -</div> - -<p class='pindent'>Skipping to 5:</p> - -<div class='blockquote'> - -<p class='noindent'>“To insure from the beginning a good understanding between -Reich Youth Leadership and Reich SS leadership, a liaison -officer will be ordered from the Reich Youth Leadership to -the SS Main Office starting 1 October 1938. The appointment -of other leaders to the higher SS sections is a subject for a -future agreement.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='293' id='Page_293'></span></p> - -<p class='pindent'>Then, going down to what I think is the most striking quotation, -Your Honor, 6:</p> - -<div class='blockquote'> - -<p class='noindent'>“After the organization is completed, the SS takes its -replacement primarily from these Streifendienst members. -Admission of youths of German blood who are not members -of the Hitler Youth is then possible only after information -and advice of the competent Bannführer.”</p> - -</div> - -<p class='pindent'>Now, the Bannführer referred to there was the local leader of -the Hitler Jugend; and without his consent no one could go into the -SS in the future after that agreement was made, which was in -October 1938.</p> - -<p class='pindent'>Now, the second agreement which Schirach made with Himmler -was made in December 1938. It is found in our document book, -Number 2567-PS, Page 98. It is offered in evidence as Exhibit -Number USA-674. It states that the Farm Service of the Hitler Youth -“is, according to education and aim, particularly well suited as a -recruiting agency for the SS, General SS, and the armed section of -the SS, SS Special Troops, and SS Death’s Head battalions.”</p> - -<p class='pindent'>The agreement concludes by stating that Farm Service members -of the Hitler Youth who pass the SS admission tests will be taken -over by the SS immediately after leaving the Hitler Youth Farm -Service.</p> - -<p class='pindent'>I might point out to Your Honors that this meant that after that -time any Hitler Youth member who was in the Farm Service was -obliged to go into the SS.</p> - -<p class='pindent'>And now, to come directly to the point you have been inquiring -about, Your Honor:</p> - -<p class='pindent'>Throughout the 6 years of Nazi political control over Germany -before the launching of aggressive war, Schirach was actively -engaged in militarizing German youth. From the beginning, the Hitler -Youth was set up along military lines with uniforms, ranks and -titles. It was regimented and led in military fashion under the -Leadership Principle.</p> - -<p class='pindent'>If Your Honors will take any edition whatsoever of the <span class='it'>Organization -Book</span>, the Party manual, and turn to the tables, beginning -with Table 54, and leaf through the book, you will see the very -striking insignia of the Hitler Youth and how much it compares to -what the normal military insignia were. You will further notice -that one of the most prominent insignia is an “S” of the same type -that the Nazis used with respect to the SS. You will notice that -part of the uniform was a long knife.</p> - -<p class='pindent'>THE PRESIDENT: Isn’t that all a part of what they are pleased -to call the Nazi ideology? I mean, the Führer Principle, military -training? -<span class='pageno' title='294' id='Page_294'></span></p> - -<p class='pindent'>CAPT. SPRECHER: There is a relation between all of these -things, perhaps, and the Leadership Principle, because the Leadership -Principle dominated absolutely every aspect of German life. -However, Your Honors, I suggest that showing to you, in this -graphic means, the similarity between the uniform of the Hitler -Youth and military uniforms has some bearing upon the preparation -for aggressive wars, about which I am further to speak in just a -moment.</p> - -<p class='pindent'>Now, Document 2654-PS, found at Page 102 of your document -book, is a whole book given over to just this question of the -organization and the insignia of the Hitler Youth.</p> - -<p class='pindent'>The Tribunal will see how the Hitler Youth was divided into -branches or divisions which were very similar to military divisions.</p> - -<p class='pindent'>That document is offered as Exhibit Number USA-675. I will -refer no further to it.</p> - -<p class='pindent'>Now, in a speech in February 1938, when the conspirators had -already dropped some of the camouflage which surrounded their -earlier military preparations for the wars which we have recently -suffered, Hitler discussed the military training of the Hitler Youth -in the <span class='it'>Völkischer Beobachter</span> of the 21st of February 1938. This is -our Document 2454-PS, found at Page 97 of the document book. It is -offered as Exhibit Number USA-676.</p> - -<p class='pindent'>Hitler there said that thousands of German boys had received -specialized training through the Hitler Youth in naval, aviation, and -motorized groups and that over 7,000 instructors had trained more -than 1 million Hitler Youth members in rifle shooting. That was -February 1938, shortly before the Anschluss. Note the progress of -military training within the Hitler Youth between then and August -1939, just 1 month before the invasion of Poland.</p> - -<p class='pindent'>At that time the Defendant Schirach and the Defendant Keitel, -as Chief of the High Command, entered into another one of those -informative agreements, which many of these defendants liked to -make among themselves. It is Document Number 2398-PS, your -document book Page 72. It is offered as Exhibit Number USA-677. -It is taken from <span class='it'>Das Archiv</span> which, in introducing the actual -agreement, declared that this agreement was “the result of close -co-operation” between Schirach and Keitel. The agreement itself -states, in part:</p> - -<div class='blockquote'> - -<p class='noindent'>“While it is exclusively the task of the Hitler Youth to attend -to the training of their units in this direction, it is suitable, -in the sense of a uniformed training corresponding to the -demands of the Wehrmacht, to support the leadership of the -Hitler Youth for their responsible task as trainers and -educators in all fields of training for defense by special -courses.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='295' id='Page_295'></span></p> - -<p class='pindent'>And then, skipping down towards the end, you will note this -quotation within the agreement: “A great number of courses are in -progress.”</p> - -<p class='pindent'>Your Honor, if I may take about 5 minutes, I can finish this one -section on the aggressive war phase.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>CAPT. SPRECHER: Whereas Hitler, in February 1938, mentioned -that 7,000 Hitler Youth leaders were engaged in training German -youngsters in rifle shooting, Schirach and Keitel, in their agreement -of August 1939, note the following:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . 30,000 Hitler Youth leaders are already being trained -annually in field service. The agreement with the Wehrmacht -gives the possibility of roughly doubling that number. The -billeting and messing of the Hitler Youth leaders is done, -according to the regulations for execution already published, -in the barracks, drill grounds, <span class='it'>et cetera</span>, of the Wehrmacht, -at a daily cost of 25 Pfennig.”</p> - -</div> - -<p class='pindent'>Just as Schirach dealt with the head of the SS in obtaining -zealous recruits for organized banditry and the commission of -atrocities, so also he dealt with the head of the Wehrmacht in -furnishing young men as human grist for the mill of aggressive war.</p> - -<p class='pindent'>The training of German youths runs through the Nazi conspiracy -as an important central thread. It is one of the manifestations of -Nazism which has shocked the entire civilized world. The principal -responsibility for the planning and execution of the Nazi Youth -policy falls upon this defendant.</p> - -<p class='pindent'>I wish to take merely one sentence from his own affidavit, -Paragraph 5, Document Number 3302-PS, so that there can be no -doubt before this Tribunal or before the world, indeed, as to this -defendant’s own feeling of responsibility: “I feel myself responsible -for the policy of the youth movement in the Party and later within -the Reich.” I underline the phrase “<span class='it'>I feel myself responsible</span>.”</p> - -<p class='pindent'>Your Honor, that is a convenient breaking point before coming -to a discussion of Schirach’s connection to War Crimes and Crimes -against Humanity.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 16 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='296' id='Page_296'></span><h1>THIRTY-FIFTH DAY<br/> <span style='font-size:smaller'>Wednesday, 16 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>CAPT. SPRECHER: May it please the Tribunal, I now pass to -activities which involve Schirach in the commission of Crimes against -Humanity as they bear directly on Count One. The presentation of -all specific acts will deal with the Reichsgau Vienna; but first allow -me to refer back to two important points in the previous proof, -which will show that Schirach bears responsibility for War Crimes -and Crimes against Humanity which bring in the whole of Europe. -Through his agreements with Himmler he provided, through the -Hitler Youth, many if not most of the SS men who administered, -in the main, the concentration camps and whose War Crimes and -Crimes against Humanity throughout Europe generally are notorious.</p> - -<p class='pindent'>Nor should we pass to further specific acts of Schirach without -mentioning one more thing: that he cannot escape responsibility for -implanting in youth the Nazi ideology generally, with its tenets of -a master race, sub-human peoples, and Lebensraum and world -domination. For such notions were the psychological prerequisites -for the instigation and for the tolerance of the atrocities which -zealous Nazis committed throughout Germany and the occupied -countries.</p> - -<p class='pindent'>To present Schirach’s responsibilities for crimes committed within -the Reichsgau Vienna, where Schirach was Gau leader and Reich -governor from July 1940 until the downfall, the general basic -functions of these two offices must be held in mind.</p> - -<p class='pindent'>The first document I refer to is Document Number 1893-PS. This -is an extract from the Party manual of 1943 and therefore catches -Schirach in midstream in his activities in the Reichsgau Vienna. -That is Page 42 of the document book, and Pages 70, 71, 75, 98, 136, -and 140b of the Party manual, extracts from each of those pages -appearing in your document book.</p> - -<p class='pindent'>The following highlights concerning the Gau leader’s functions -will appear, and I propose only to paraphrase. Since Your Honor -may take judicial notice of the Party manual, you may check at your -leisure unless you wish me to read from any one of these specific -orders. These orders make it appear that the Gau leader was the -highest representative of Hitler in his Gau, that he was the bearer -of sovereignty—the top Hoheitsträger—and that he had sovereign -<span class='pageno' title='297' id='Page_297'></span> -political rights. Beyond that, he was responsible for the entire political -situation in his Gau. He could call—and we believe this is -important—he could call upon SA and SS leaders as “needed in the -execution of a political mission.” Beyond that he was obliged to -meet at least once a month with the leaders of the affiliated Party -organizations within his Gau, and this, of course, included the SS.</p> - -<p class='pindent'>Now, the position of the Reich Governor in Vienna is somewhat -special. After the Anschluss the State of Austria was -abolished, and Austria was divided into seven Reich Gaue. The most -important of these Gaue was the Reichsgau Vienna, of which Schirach -was Governor. Reference to any statistical manual of the Reich at -this time will establish that at that time Vienna had a population -of over 2 million people. Therefore it was certainly one of the -principal cities of the Reich. The Tribunal is asked to take judicial -notice of the decree, 1939 <span class='it'>Reichsgesetzblatt</span>, Part I, Page 777, our -Document Number 3301-PS, found at Page 107 of the document -book. This is the basic law on the administrative reorganization of -Austria. It was enacted in April 1939, a little more than a year -before Schirach became Governor. This law shows that Schirach, as -Governor, was the lieutenant of the head of the German State, Hitler; -that he could issue decrees and orders within the limitations set by -the supreme Reich authorities; that he was especially under the -administrative supervision of the Defendant Frick, Reich Minister of -the Interior; and that he was also the first mayor of the city of -Vienna. For the same period that Schirach was Gau leader and Reich -Governor of Vienna, he was also Reich Defense Commissioner of -Vienna; and after 1940, of course, the Reich was engaged in war.</p> - -<p class='pindent'>Because of his far-reaching responsibilities and authority in these -positions, the Prosecution contends that Schirach must be held guilty, -specifically, of all the crimes of the Nazi conspirators in the Reichsgau -Vienna, on the ground that he either initiated, approved, -executed, or abetted these crimes. Specific examples follow which, -in fact, demonstrate that Schirach was actively and personally -engaged in Nazi crimes, and that, when he became boastful—a -characteristic never lacking in most of these defendants—he -himself admitted his own involvement in acts which are crimes -within the competence of this Tribunal.</p> - -<p class='pindent'>I come first to slave-labor.</p> - -<p class='pindent'>The slave-labor program naturally played its part in staffing -the industries of as large and important a city as Vienna. The -general nature of this program and the crimes flowing therefrom -have been in part set before you by Mr. Dodd. The Soviet prosecutors -will present further acts later on. Our Document -Number 3352-PS, found at Page 116 of your document book, which -I would like to offer as Exhibit USA-206, gives extracts from a -<span class='pageno' title='298' id='Page_298'></span> -number of orders of the Party chancellery. Each of these orders -from which the extracts have been taken bear on the Gau leader’s -responsibility for manpower placement and utilization. They prove -quite simply and in unmistakable language that the Gau leaders -under the direction of the experienced old Gau leader Sauckel, who -was plenipotentiary for manpower, became the supreme integrating -and co-ordinating agents of the Nazi conspirators in the entire -manpower program. At Page 116 of your document book—Page 508 -of the original volume of orders—the Defendant Göring is shown -to have agreed, as leader of the Four Year Plan, to Sauckel’s -suggestion that the Gau leaders be utilized to assure the highest -efficiency in manpower. At Page 117 of your document book—Page -511 of the orders of the Party chancellery—Sauckel in July -1942 makes the Gau leaders his special plenipotentiaries for manpower -within their Gaue, with the duty of establishing a harmonious -co-operation of all interests concerned. In effect the Gau leader -became the supreme arbitrator for all the conflicting interests that -exist during wartime with respect to claims upon manpower. Under -this same order the regional labor offices and their staffs were -“directed to be at the disposal of the Gau leaders for information -and advice and to fulfill the suggestions and demands of the Gau -leader for the purpose of improvements in manpower. . . .” At -Pages 118 and 119 of your document book—Page 567 of the Party -chancellery orders—the Defendant Sauckel ordered that his special -plenipotentiaries, the Gau leaders, familiarize themselves with the -general regulations on Eastern Workers. He stated that his -immediate objective was “to prevent politically inept factory heads -giving too much consideration to the care of Eastern Workers and -thereby cause justified annoyance among the German workers.”</p> - -<p class='pindent'>We submit to the Tribunal that if Schirach as Gau leader was -required to concern himself in such manpower details as concern -over the alleged annoyance of German workers for the consideration -given Eastern Workers, it is unnecessary to press further -into the detailed workings of the manpower program to establish -Schirach’s connection with, and responsibility for, the slave-labor -program in the Reichsgau Vienna.</p> - -<p class='pindent'>I now pass to the persecution of the churches.</p> - -<p class='pindent'>The elimination of the religious youth organizations while -Schirach was chief Nazi youth leader has already been noted. In -March 1941 two letters, one from the Defendant Bormann, the other -from the conspirator Hans Lammers. . .</p> - -<p class='pindent'>THE PRESIDENT: Captain Sprecher, have you any other -evidence which connects Von Schirach with the problem of manpower? -<span class='pageno' title='299' id='Page_299'></span></p> - -<p class='pindent'>CAPT. SPRECHER: I had planned on presenting nothing further, -Your Honor. I felt that in view of the fact that our Soviet colleagues -are going further with the details of the manpower program, -particularly in the East, the main objective under Count One should -merely be to show the general responsibility of the Defendant -Schirach for the slave-labor program, and the question of specific -acts will have to be taken from the other proof in the Record, -which will come, into the Record later.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>CAPT. SPRECHER: There is just one further point: When I -come to the treatment of the Jews in a few minutes, there will be -one or two specific examples.</p> - -<p class='pindent'>THE PRESIDENT: You are now going to deal with the persecution -of churches, is that right?</p> - -<p class='pindent'>CAPT. SPRECHER: Yes, Sir.</p> - -<p class='pindent'>Now, the Tribunal is referred to Document R-146, at Page 5 of -the document book. This is offered as Exhibit USA-678.</p> - -<p class='pindent'>I am a little in doubt, Your Honors, as to whether I should read -all this document, in view of our common anxiousness to pass -rapidly on; but perhaps I may paraphrase it, and if you are not -satisfied I will read it.</p> - -<p class='pindent'>These documents establish clearly that during a visit by Hitler -to Vienna, Schirach and two other officials brought a complaint -before the Führer that the confiscations of Church property in -Austria, made on various pretexts, should be made in favor of the -Gaue rather than of the Reich. Later the Führer decided the issue -in favor of the position which had been taken by Schirach, namely, -in favor of the Gau. I use this merely to connect Schirach with the -persecution of the churches, concerning which there has been a -great deal of evidence before this time.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): None of it is in evidence yet. -You have not put anything in evidence. We cannot take judicial -notice of something unless you ask us to.</p> - -<p class='pindent'>CAPT. SPRECHER: Your ruling is that this would not be in -evidence unless I read it?</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): I am not making any ruling; -I was merely pointing out to you that we have nothing in evidence -on the last document.</p> - -<p class='pindent'>CAPT. SPRECHER: I think, under the circumstances, I had -better read this document:</p> - -<div class='blockquote'> - -<p class='noindent'>“Munich, 20 March 1941, Brown House, Personal-Secret.</p> -<hr class='tbk373'/> -<p class='noindent'>“To: All Gau leaders. Subject: Sequestration of Church -properties (Monastery property, <span class='it'>et cetera</span>). -<span class='pageno' title='300' id='Page_300'></span></p> -<hr class='tbk374'/> -<p class='noindent'>“Recently, valuable church properties have had to be sequestered -on a large scale, especially in Austria; according to -reports of the Gauleiter to the Führer, these sequestrations -were often because of violations of ordinances relating to -war economy (for example, hoarding of foodstuffs of various -kinds, textiles, leather goods, <span class='it'>et cetera</span>). In other cases they -were for violations of the law relating to subversive acts -against the State and in some cases because of illegal possession -of arms. Obviously no compensation is to be paid to the -churches for sequestrations made for the above-mentioned -reasons.</p> -<hr class='tbk375'/> -<p class='noindent'>“With regard to further sequestrations, several Austrian Gau -leaders, on the occasion of the Führer’s last visit to Vienna, -attempted to clarify the question of who should acquire such -sequestered properties. Please take note of the Führer’s -decision, as contained in the letter written by Reich Minister -Dr. Lammers to the Reich Minister of the Interior, dated -14 March 1941. I enclose copy of extracts of the same.”—Signed—“M. -Bormann.”</p> - -</div> - -<p class='pindent'>I had offered that document as Exhibit USA-678. Do you still -wish me to read the enclosure that went with it?</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): I don’t wish you to read -anything; I was simply pointing out that, as you had not read it, -it was not in evidence.</p> - -<p class='pindent'>CAPT. SPRECHER: In that event I will continue, Your Honor. -The copy reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Berlin, 14 March 1941; The Reich Minister and Chief of -the Reich Chancellery.</p> -<hr class='tbk376'/> -<p class='noindent'>“To the Reich Minister of the Interior. Subject: Draft of -an ordinance supplementing the provisions on confiscation of -property of enemies of the People and State.</p> -<hr class='tbk377'/> -<p class='noindent'>“The Reichsstatthalter and Gauleiter Von Schirach, Dr. Jury -and Eigruber complained recently to the Führer that the -Reich Minister of Finance still maintains the point of view -that confiscation of property of enemies of the People and -State should be made in favor of the Reich and not in favor -of the Reich Gaue. Consequently the Führer has informed me -that he desires the confiscation of such properties to be effected -in favor of the Reich Gau in whose area the confiscated -property is situated, and not in favor of the Reich. . . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: You need not read any more of it.</p> - -<p class='pindent'>CAPT. SPRECHER: I pass over now to the Jewish persecution.</p> - -<p class='pindent'>The Prosecution submits, finally, that Schirach authorized, -directed, and participated in anti-Semitic measures. Of course, the -<span class='pageno' title='301' id='Page_301'></span> -whole ideology and teaching of the Hitler Youth was predicated -upon the Nazi racial myth. Before the war, Schirach addressed a -meeting of the National Socialist German Students’ League, the -organization he headed from 1929 to 1931. Document 2441-PS is -offered as Exhibit USA-679, an affidavit by Gregor Ziemer. I wish -to read merely from the bottom of Page 95 of the document book -to the end of the first paragraph at the top of Page 96 of the -document book. The deponent Ziemer is referring to a meeting -at Heidelberg, Germany, which he personally attended some time -before the war, at which Baldur von Schirach addressed the Students’ -League, which he himself had at one time led. . . .</p> - -<p class='pindent'>THE PRESIDENT: What is this document?</p> - -<p class='pindent'>CAPT. SPRECHER: It is an affidavit of Gregor Ziemer:</p> - -<div class='blockquote'> - -<p class='noindent'>“He”—meaning Schirach—“declared that the most important -phase of German university life in the Third Reich was the -program of the NSDSTB. He extolled various activities of -the League. He reminded the boys of the service they had -rendered during the Jewish purge. Dramatically he pointed -across the river to the old university town of Heidelberg -where several burnt-out synagogues were mute witnesses of -the efficiency of Heidelberg students. These skeleton buildings -would remain there for centuries as inspiration for future -students, as warning to enemies of the State.”</p> - -</div> - -<p class='pindent'>To attempt to visualize the true extent of the fiendish treatment -of Jews under Schirach, we must look to his activities in the Reichsgau -Vienna and to the activities of his assistants, the SS and the -Gestapo, in Vienna.</p> - -<p class='pindent'>Document Number 1948, Page 63 of your document book, is -offered as Exhibit USA-680. You will note it is on the stationery -of the last Governor of Vienna.</p> - -<p class='pindent'>THE PRESIDENT: Captain Sprecher, I have been reading on -in this Document 2441-PS, on Page 96 of the document book. It -seems to me you ought to read the next three paragraphs on Page 96 -from the place where you left off.</p> - -<p class='pindent'>CAPT. SPRECHER: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: The second, third, and fourth paragraphs.</p> - -<div class='blockquote'> - -<p class='noindent'>CAPT. SPRECHER: “Even as old Heidelberg Castle was -evidence that Old Germany had been too weak to resist the -invading Frenchmen who destroyed it, so the black remains -of the synagogues would be a perpetual monument reminding -coming generations of the strength of New Germany.</p> -<hr class='tbk378'/> -<p class='noindent'>“He reminded the students that there were still countries -which squandered their time and energy with books and -<span class='pageno' title='302' id='Page_302'></span> -wasteful discussions about abstract topics of philosophy and -metaphysics. Those days were over. New Germany was a -land of action. The other countries were sound asleep.</p> -<hr class='tbk379'/> -<p class='noindent'>“But he was in favor of letting them sleep. The more -soundly they slumbered, the better opportunity for the men -of the Third Reich to prepare for more action. The day -would come when German students of Heidelberg would -take their places side by side with legions of other students -to conquer the world for the ideology of Nazism.”</p> - -</div> - -<p class='pindent'>I was about to refer, Your Honors, to Document Number 1948-PS, -which is found at Page 63 of your document book, and which I offer -as Exhibit USA-680. This, you will note, is on the stationery of -the Reich Governor of Vienna, the Reichsstatthalter in Vienna.</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . 7 November 1940.</p> -<hr class='tbk380'/> -<p class='noindent'>“Subject: Compulsory labor of able-bodied Jews.</p> -<hr class='tbk381'/> -<p class='noindent'>“1. Notice: On 5 November 1940 telephone conversation with -Colonel”—Standartenführer—“Huber of the Gestapo. The -Gestapo has received secret directions from the Reich Security -Main Office (RSHA) as to how able-bodied Jews should be -drafted for compulsory labor service. Investigations are -being made at present by the Gestapo to find out how many -able-bodied Jews are still available, in order to make plans -for the contemplated mass projects. It is assumed that there -are not many more Jews available. If some should still be -available, however, the Gestapo has no scruples to use the -Jews even for clearing away the destroyed synagogues.</p> -<hr class='tbk382'/> -<p class='noindent'>“SS Standartenführer Huber will make a report personally to -the Regierungspräsident in this matter.</p> -<hr class='tbk383'/> -<p class='noindent'>“I have reported to the Regierungspräsident accordingly. -The matter should be kept further in mind.”</p> - -</div> - -<p class='pindent'>The signature is by Dr. Fischer.</p> - -<p class='pindent'>I want to call the Court’s attention to the significance of the -title Regierungspräsident. The SS Colonel, you will note, was to -report to the Regierungspräsident. If you will refer back again to -the decree which set up the Reichsgau Vienna, 1939 Reichsgesetzblatt, -Part I, Page 777 (Document 3301-PS), you will find that the -Regierungspräsident was Schirach’s personal representative within -the governmental administration of Vienna.</p> - -<p class='pindent'>Now, it seems to us that this Document Number 1948-PS, which -was signed by Fischer, concerning compulsory labor of able-bodied -Jews, answers the argument that persons of the rank of Gauleiter -were ignorant of the atrocities of the Gestapo and the SS in their -own locality. It shows further that even the assistants of the Gau -leaders were informed of the details of the persecution projects -which were afoot at the time. -<span class='pageno' title='303' id='Page_303'></span></p> - -<p class='pindent'>Schirach also had concern for, and knowledge of, the housing -shortage in Vienna, which was alleviated for some members of the -alleged master race who succeeded to the houses of the luckless -Jews who were moved into oblivion in Poland.</p> - -<p class='pindent'>On December 3, 1940, the conspirator Lammers wrote a letter to -Schirach. It is our Document 1950-PS, Page 64 of your document -book, and it is offered in evidence as Exhibit USA-681. The letter is -very short:</p> - -<div class='blockquote'> - -<p class='noindent'> December 1940. . .”</p> - -</div> - -<p class='noindent'>the stationery of the Reich Minister and Chief of the Reich -Chancellery, and it is marked “secret”:</p> - -<div class='blockquote'> - -<p class='noindent'>“To the Reich Governor in Vienna, Gauleiter Von Schirach:</p> -<hr class='tbk384'/> -<p class='noindent'>“As Reichsleiter Bormann informs me, the Führer has decided, -after receipt of one of the reports made by you, that the 60,000 -Jews still residing in the Reichsgau Vienna will be deported -most rapidly”—that is, still during the war—“to the Government -General, because of the housing shortage prevalent in -Vienna. I have informed the Governor General in Kraków, as -well as the Reichsführer SS, about this decision of the Führer, -and I request you also to take cognizance of it.”—Signed—“Lammers.”</p> - -</div> - -<p class='pindent'>As a last piece of illustrative evidence against this youngest -member of the defendants in the dock, I take something from his -own lips, which was published for all Vienna and, indeed, for all -Germany and the world to know, even at that time. It appears in -the Vienna edition of the <span class='it'>Völkischer Beobachter</span>, on the 15th of September -1942, Document 3048-PS, your document book, Page 106. It -is already in evidence as Exhibit USA-274.</p> - -<p class='pindent'>I would like to point out that these words were uttered before -the so-called European Youth League in Vienna in 1942. The -Tribunal will recall that Schirach was still Reich Leader for Youth -Education in the NSDAP at that time:</p> - -<div class='blockquote'> - -<p class='noindent'>“Every Jew who exerts influence in Europe is a danger to -European culture. If anyone reproaches me with having driven -from this city, which was once the European metropolis of -Jewry, tens of thousands upon tens of thousands of Jews into -the ghetto of the East, I feel myself compelled to reply, ‘I see -in this an action contributing to European culture.’ ”</p> - -</div> - -<p class='pindent'>Although Schirach’s principal assistance to the conspiracy was -made in his commission of the German youth to the conspirators’ -objectives, he also stands guilty of heinous Crimes against Humanity -as a Party and governmental administrator of high standing, after -the conspiracy had reached its inevitable involvement in wars of -aggression. -<span class='pageno' title='304' id='Page_304'></span></p> - -<p class='pindent'>This completes, Your Honors, the presentation on the individual -responsibility of the Defendant Schirach.</p> - -<p class='pindent'>The Prosecution will next take up the responsibility of the -Defendant Martin Bormann, and the presentation will be made by -Lieutenant Lambert.</p> - -<p class='pindent'>DR. SAUTER: Mr. President, as to the various errors made in the -case against Schirach, I shall state my position when the Defense -has its turn. But I should like to take the opportunity now of pointing -out an error in translation in one of the documents. It is in -Document 3352-PS.</p> - -<p class='pindent'>It is an order of the Reich Chancellery to the subordinate offices, -and this order mentions that the labor offices had to be at the -disposal of the Gauleiter under certain circumstances. In the German -original of this order it reads as follows: “Anregungen und -Wünsche.” Now “Anregungen und Wünsche,” that is. . .</p> - -<p class='pindent'>THE PRESIDENT: Which page of the document is it?</p> - -<p class='pindent'>DR. SAUTER: I think, Page 512 of Document 3352-PS, on -Page 117 of the document book.</p> - -<p class='pindent'>This German expression “Anregungen und Wünsche” has been -translated by “suggestions” (for “Anregungen”) and “demands” (for -“Wünsche”).</p> - -<p class='pindent'>The first translation, the translation for “Anregungen,” we consider -to be correct; but the second translation, namely, “demands” -for “Wünsche,” we consider false, because, so far as we know, this -word is “Befehle” or “Forderungen” in German. We should consider -it correct if the English translation “demands” could be translated -by another word, “wishes,” which is an exact translation of the word -“Wünsche.” I do not know whether I have pronounced the word -correctly in English. That is all I have to say for the time being. -Thank you very much.</p> - -<p class='pindent'>THE PRESIDENT (to Captain Sprecher): Do you wish to say -anything about that?</p> - -<p class='pindent'>CAPT. SPRECHER: I think that Dr. Sauter has made a very good -point. I have checked with the translator beside me, Your -Honor, and the German word “Wünsche” has been translated too -strongly.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<p class='pindent'>LIEUTENANT THOMAS F. LAMBERT, JR. (Assistant Trial -Counsel for the United States): May it please the Tribunal, the -Prosecution comes now to deal with the Defendant Bormann and -to present the proofs establishing his responsibility for the crimes -set forth in the Indictment. And, if the Tribunal will allow, we -should like to observe on the threshold that because of the absence -<span class='pageno' title='305' id='Page_305'></span> -of the Defendant Bormann from the dock we believe that we should -make an extra effort to make a solid record in the case against -Bormann, out of fairness to Defense Counsel and for the convenience -of the Tribunal.</p> - -<p class='pindent'>I offer the document book supporting this trial address as U.S. -Exhibit JJ, together with the trial brief against the Defendant -Bormann.</p> - -<p class='pindent'>The Defendant Bormann bears a major responsibility for -promoting the accession to power of the Nazi conspirators, the -consolidation of their total power over Germany, and the preparation -for aggressive war set forth in Count One of the Indictment.</p> - -<p class='pindent'>Upon the Record of this Trial the Nazi Party and its Leadership -Corps were the main vehicles of the conspiracy and the fountainhead -of the conspiracy.</p> - -<p class='pindent'>Now, following the flight of the Defendant Hess to Scotland in -May 1941, Bormann became executive chief of the Nazi Party. His -official title was Chief of the Party Chancellery. Before that date -Bormann was chief of staff to the Defendant Hess, the Deputy to -the Führer.</p> - -<p class='pindent'>By virtue of these two powerful positions—Chief of the Party -Chancellery and Chief of Staff to the Deputy to the Führer—Bormann -stands revealed as a principal architect of the conspiracy. -Subject only—and we stress—subject only to the supreme authority -of Hitler, Bormann engineered and employed the vast powers of -the Party, its agencies, and formations, in furtherance of the Nazi -conspiracy; and he employed the Party to impose the will of the -conspirators upon the German people; and he then directed the -powers of the Party in the drive to dominate Europe.</p> - -<p class='pindent'>Accordingly, the Defendant Bormann is blameworthy for the -multiple crimes of the conspiracy, for the multiple crimes committed -by the Party, its agencies, and the German people, in -furthering the conspiracy.</p> - -<p class='pindent'>It might be helpful to give a very brief sketch of the career in -conspiracy of the Defendant Bormann.</p> - -<p class='pindent'>Bormann began his conspiratorial activities more than 20 years -ago. In 1922, only 22 years of age, he joined the Organization -Rossbach, one of the illegal groups which continued the militaristic -traditions of the German Army and employed terror against the -small struggling pacifist minority in Germany. While he was district -leader for this organization in Mecklenburg, he was arrested and -tried for his part in a political assassination, which, we suggest, -indicates his disposition to use illegal methods to carry out purposes -satisfactory to himself. On 15 May 1924 he was found guilty by the -State Tribunal for the Protection of the Republic and sentenced to -1 year in prison. -<span class='pageno' title='306' id='Page_306'></span></p> - -<p class='pindent'>Upon his release from prison in 1925 Bormann resumed his -subversive activities. He joined the militarist organization “Frontbann,” -and in the same year he joined the Nazi Party and began -his ascent to a prominent position in the conspiracy. In 1927 he -became press chief for the Party Gau of Thuringia. In other words, -relating back to the case against the Leadership Corps, he became -an important staff officer of a Gauleiter. On 1 April 1928 he was -made District Leader (Bezirksleiter) in Thuringia and business -manager for the entire Gau.</p> - -<p class='pindent'>We come now to a particularly important point involving -Bormann’s tie-up with the SA.</p> - -<p class='pindent'>From 15 November 1928 to August 1930 he was on the staff of -the Supreme Command of the SA.</p> - -<p class='pindent'>Now the Tribunal has heard the demonstration of the criminality -of the SA and knows full well that this was a semi-military -organization of young men whose main mission was to get control -of the streets and to impose terror on oppositional elements of the -conspiracy.</p> - -<p class='pindent'>Our submission at this stage is that, by virtue of Bormann’s -position on the staff of the Supreme Command of the SA, he shares -responsibility for the illegal activities of the SA in furtherance of -the conspiracy.</p> - -<p class='pindent'>In August 1930 Bormann organized the Aid Fund (Hilfskasse) of -the Nazi Party, of which he became head. Through this fund he -collected large sums for the alleged purpose of aiding the families -of Party members who had been killed or injured while fighting -for the Party.</p> - -<p class='pindent'>As the Tribunal knows, on 30 January 1933 the conspirators and -their Party took over the Government of Germany. Shortly thereafter, -in July 1933, Bormann was given the number three position -in the Party, that of chief of staff to the Defendant Hess, the -Deputy to the Führer. At the same time he was made a Reichsleiter; -and as the Tribunal knows, that makes him a member of the top -level of the alleged illegal organization, the Leadership Corps of -the Nazi Party.</p> - -<p class='pindent'>In November 1933 he was made a member of the Reichstag.</p> - -<p class='pindent'>I request the Tribunal to take judicial notice of the authoritative -German publication <span class='it'>The Greater German Reichstag</span>, edition of -1943. The facts which I have recited in the foregoing sketch of -Defendant Bormann’s career are set forth on Page 167 of that -publication, the English translation of which appears in Document -2981-PS of the document book now before the Tribunal.</p> - -<p class='pindent'>With respect to Bormann’s conviction for political murder, I -offer in evidence Document 3355-PS, Exhibit USA-682, which is -<span class='pageno' title='307' id='Page_307'></span> -the affidavit of Dr. Robert M. W. Kempner, and I quote therefrom -briefly as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“I, Robert M. W. Kempner, an expert consultant of the War -Department, appeared before the undersigned attesting officer -and, having been duly sworn, stated as follows:</p> -<hr class='tbk385'/> -<p class='noindent'>“In my capacity as Superior Government Counsellor and Chief -Legal Advisor of the pre-Hitler Prussian Police Administration, -I became officially acquainted with the criminal record -of Martin Bormann, identical with the Defendant Martin Bormann -now under indictment before the International Military -Tribunal in Nuremberg, Germany.</p> -<hr class='tbk386'/> -<p class='noindent'>“The official criminal record of Martin Bormann contained the -following entry:</p> -<hr class='tbk387'/> -<p class='noindent'>“Bormann, Martin, sentenced on May 15, 1924, by the State -Tribunal for the Protection of the Republic, in Leipzig, Germany, -to 1 year in prison, for having been an accomplice in -the commission of a political murder.”—Signed—“Robert M. -W. Kempner.”—End of quotation.</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Lieutenant Lambert, I don’t think it is -necessary for you, when dealing with a document of that sort, to -read the formal parts. If you state the nature of the document and -read the material part, you needn’t deal with the formal parts, -for instance, “I, Robert Kempner, an expert consultant,” and all that. -Do you understand me?</p> - -<p class='pindent'>LT. LAMBERT: Thank you very much, Sir, for a very helpful -suggestion.</p> - -<p class='pindent'>As Defendant Hess’ chief of staff, Bormann was responsible for -receiving and channelling up to the Defendant Hess the demands of -the Party in all fields of State action. These demands were then -secured by the Defendant Hess by virtue of his participation in the -legislative process, his power with respect to the appointment and -promotion of government officials, and by virtue of his position in -the Reich Cabinet.</p> - -<p class='pindent'>I come now, as it seems to us, to an important point, which ties -up the Defendant Bormann with the SD and the Gestapo. As chief -of staff of the Defendant Hess, Bormann took measures to reinforce -the grip of the Gestapo and the SD over the German civil population. -I request the Tribunal to notice judicially a Bormann order of -14 February 1935, set forth in the official publication <span class='it'>Decrees of the -Deputy of the Führer</span>, Edition 1937, Page 257. I quote merely the -pertinent portions of that decree, the English version of which is set -forth in our Document 3237-PS, which reads as follows. That is our -Document 3237-PS. -<span class='pageno' title='308' id='Page_308'></span></p> - -<p class='pindent'>THE PRESIDENT: If it is a document of which we can take -judicial notice, it is sufficient for you to summarize it without -reading it.</p> - -<p class='pindent'>LT. LAMBERT: I appreciate that, Sir. This quotation is so succinct -and so brief that we perhaps could avoid summarization.</p> - -<p class='pindent'>THE PRESIDENT: Very well, go on.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. LAMBERT: “The Deputy to the Führer expects that Party -offices will now abandon all distrust of the SD and will support -it wholeheartedly in the performance of the difficult tasks -with which it has been entrusted for the protection of the -Movement and our people.</p> -<hr class='tbk388'/> -<p class='noindent'>“Because the work of the SD is primarily to the benefit of -the work of the Party, it is inadmissable that its development -be upset by uncalled-for attacks when individuals fall short -of expectations. On the contrary, it must be wholeheartedly -assisted.”—Signed—“Bormann, Chief of Staff to the Deputy -to the Führer.”</p> - -</div> - -<p class='pindent'>That is with respect to Bormann’s support of the SD. I deal now -with Bormann’s effort to support the work of the Gestapo.</p> - -<p class='pindent'>THE PRESIDENT: Lieutenant Lambert, wouldn’t it be sufficient -to say that document indicates the support Bormann promised to -the SD?</p> - -<p class='pindent'>LT. LAMBERT: I was anxious merely on one point, Sir, that a -document was not in evidence unless it had been quoted.</p> - -<p class='pindent'>THE PRESIDENT: Well, you began by asking us to take judicial -notice of it. If we can take judicial notice of it, it need not be -quoted.</p> - -<p class='pindent'>LT. LAMBERT: Then, with respect to Bormann’s efforts to -reinforce the grip of the Gestapo, I request the Tribunal to notice -judicially a Bormann order of 3 September 1935, calling on Party -agencies to report to the Gestapo all persons who criticize Nazi -institutions or the Nazi Party. This decree appears in the official Party -publication <span class='it'>Decrees of the Deputy of the Führer</span>, 1937, at Page 190. -The English translation is set forth in our Document 3239-PS. I shall -summarize the effect of this document shortly. In its first paragraph -it refers to a law of 20 December 1934. As the Tribunal will recall, -this law gave the same protection to Party institutions and Party uniforms -as enjoyed by the State; and in the first and second paragraphs -of this decree it is indicated that whenever a case came up -involving malicious or slanderous attack on Party members or the -Nazi Party or its institutions, the Reich Minister of Justice would -consult with the Deputy of the Führer in order to take joint action -against the offenders. Then, in the third paragraph, Bormann gives -<span class='pageno' title='309' id='Page_309'></span> -his orders to all Party agencies with respect to reporting to the -Gestapo individuals who criticized the Nazi Party or its institutions. -I quote merely the last paragraph.</p> - -<p class='pindent'>THE PRESIDENT: Well, I took down what you said in your -first sentence, which was that the document showed that he was -ordering that a report should be made to the Gestapo on anyone -criticizing the Party. Well, that is sufficient, it seems to me, and -all that you said after is cumulative.</p> - -<p class='pindent'>LT. LAMBERT: There is, however, one brief point, if I may be -permitted, which I should like to emphasize, about the last -paragraph, because I think it is helpful to the Prosecution’s case -against the Leadership Corps of the Nazi Party.</p> - -<p class='pindent'>The Tribunal will recall that it asked certain very material -questions with respect to whether the Prosecution’s evidence -involved the rank and file of the Leadership Corps. In the last -paragraph of this decree Bormann instructs the Ortsgruppenleiter—now -that is way down in the Leadership Corps hierarchy under -Kreisleiter and Gauleiter—to report to the Gestapo persons who -criticize Nazi Party institutions.</p> - -<p class='pindent'>Now, an important point with respect to the tie-up between -Bormann and the SS. The Tribunal has already received the -evidence establishing the criminality of the SS. In this connection, -I respectfully request the Tribunal to notice judicially the July 1940 -issue of <span class='it'>Das Archiv</span>, our Document 3234-PS. On Page 399 of that -publication, under date 21 July 1940, it is stated that the Führer -promoted Defendant Bormann from major general to lieutenant -general in the SS. Accordingly, we respectfully submit that -Bormann is chargeable and jointly responsible for the criminal -activities of the SS.</p> - -<p class='pindent'>After the flight of the Defendant Hess to Scotland in May 1941, -the Defendant Bormann succeeded him as head of the Nazi Party -under Hitler, with the title Chief of the Party Chancellery. I -request the Tribunal to take judicial notice of a decree of 24 January -1942, 1942 <span class='it'>Reichsgesetzblatt</span>, Part I, Page 35. In our conception -this is an extremely important decree, because by virtue of it the -participation of the Party in all legislation and in government -appointments and promotions had to be undertaken exclusively by -Bormann. He was to take part in the preparation—and we -emphasize that—as well as the enactment and promulgation of -all Reich laws and enactments; and further, he had to give his -assent to all enactments of the Reich Länder—that is, the -states—as well as all decrees of the Reich governors. All communications -between state and Party officials had to pass through his -hands. And, as a result of this law, we respectfully submit, -<span class='pageno' title='310' id='Page_310'></span> -Bormann is chargeable for every enactment issued in Germany -after 24 January 1942 which facilitates and furthers the conspiracy.</p> - -<p class='pindent'>It will be helpful, I believe, to point out and to request the -Court to take judicial notice of a decree of 29 May 1941, 1941 -<span class='it'>Reichsgesetzblatt</span>, Part I, Page 295 (Document 2099-PS); in this -decree Hitler ordered that Bormann should take over all powers and -all offices formerly held by the Defendant Hess. I request the -Tribunal to take judicial notice of another very important decree, -that of the Ministerial Council for Defense of the Reich, 16 November -1942 . . .</p> - -<p class='pindent'>THE PRESIDENT: Are these documents set out in the document -book?</p> - -<p class='pindent'>LT. LAMBERT: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: You haven’t given us the reference.</p> - -<p class='pindent'>LT. LAMBERT: That is true, Sir. I recall from memory, although -I do not have it in my manuscript, that document, that -important decree of 24 January 1942, is our Document, I believe, -2100-PS.</p> - -<p class='pindent'>I now request the Tribunal to take judicial notice of the important -decree of the Ministerial Council for Defense of the Reich, dated 16 -November 1942, 1942 <span class='it'>Reichsgesetzblatt</span>, Part I, Page 649 (Document -JN-5). Under this decree all Gauleiter, who were under Bormann -by virtue of his position as Chief of the Party Chancellery, were -appointed Reich defense commissars and charged with the co-ordination, -supervision, and management of the aggressive Nazi war effort.</p> - -<p class='pindent'>From then on the Party, under Bormann, became the decisive -force in planning and conducting the aggressive Nazi war economy.</p> - -<p class='pindent'>On 12 April 1943, as is shown in the publication <span class='it'>The Greater -German Reichstag</span>, 1943 edition, Page 167, our Document 2981-PS, -Bormann was appointed Secretary of the Führer, and we submit -that this fact testifies to the intimacy and influence of the Defendant -Bormann with the Führer and enlarges his role in, and responsibility -for, the conspiracy.</p> - -<p class='pindent'>We now come to the important point of Bormann’s executive -responsibility for the acts of the Volkssturm. I request the Tribunal -to notice judicially a Führer order of 18 October 1944, which was -published in the official <span class='it'>Völkischer Beobachter</span>, 20 October 1944 -edition, in which Hitler appointed Bormann political and organizational -leader of the Volkssturm. This is set forth in our Document -3018-PS. In this decree Himmler is made the military leader of the -Volkssturm, but the organizational and political leadership is -entrusted to Bormann. The Tribunal will know that the Volkssturm -was an organization consisting of all German males between 16 and -60. By virtue of his leadership of the Volkssturm Bormann was -<span class='pageno' title='311' id='Page_311'></span> -instrumental in needlessly prolonging the war, with a consequential -destruction of the German and the European economy and a loss -of life and destruction of property.</p> - -<p class='pindent'>We come now to deal with the responsibility of the Defendant -Bormann with respect to persecution of the Church. The Defendant -Bormann authorized, directed, and participated in measures involving -the persecution of the Christian Church. The Tribunal, of course, -has heard much in this proceeding concerning the acts of the -conspiracy involving the persecution of the Church. We have no -desire now to rehash that evidence. We are interested in one thing -alone, and that is nailing on the Defendant Bormann his responsibility, -his personal, individual responsibility, for the persecution of -the Church.</p> - -<p class='pindent'>I shall now present the proofs showing the responsibility of Bormann -with respect to such persecution of the Christian churches.</p> - -<p class='pindent'>Bormann was among the most relentless enemies of the Christian -Church and Christian clergy in Germany and in German-occupied -Europe. I refer the Tribunal, without quoting therefrom, to Document -D-75, previously introduced in evidence as Exhibit Number -USA-348, which contains a copy of the secret Bormann decree of -6 June 1941 entitled “The Relationship of National Socialism to -Christianity.” In this decree, as the Tribunal will well recall, Bormann -bluntly declared that National Socialism and Christianity were -incompatible, and he indicated that the ultimate aim of the conspirators -was to assure the elimination of Christianity itself.</p> - -<p class='pindent'>I next refer the Tribunal, without quotation, to Document 098-PS, -previously put in as Exhibit Number USA-350. This is a letter from -the Defendant Bormann to the Defendant Rosenberg, dated -22 February 1940, in which Bormann reaffirms the incompatibility -of Christianity and National Socialism.</p> - -<p class='pindent'>Now, in furtherance of the conspirators’ aim to undermine the -Christian churches, Bormann took measures to eliminate the -influence of the Christian Church from within the Nazi Party and its -formations. I now offer in evidence Document 113-PS, as Exhibit -USA-683. This is an order of the Defendant Bormann, dated -27 July 1938, issued as chief of staff to the Deputy of the Führer, -Hess, which prohibits clergymen from holding Party offices. I shall -not take the time of the Tribunal to spread this quotation upon the -Record. The point of it is, as indicated, that Bormann issued an -order forbidding the appointment of clergymen to Party positions.</p> - -<p class='pindent'>THE PRESIDENT: Perhaps this would be a good time to break -off for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> -<p class='pindent'><span class='pageno' title='312' id='Page_312'></span></p> - -<p class='pindent'>LT. LAMBERT: May it please the Tribunal, we are dealing with -the efforts of the Defendant Bormann to expel and exorcise from -the Party all church and religious influence.</p> - -<p class='pindent'>I offer in evidence Document 838-PS, as Exhibit USA-684. I shall -not burden the Record with extensive quotation from this exhibit, -but merely point out that this is a copy of a Bormann decree dated -3 June 1939, which laid it down that followers of Christian Science -should be excluded from the Party.</p> - -<p class='pindent'>The attention of the Tribunal is next invited to Document 840-PS, -previously introduced in evidence as Exhibit USA-355. The Tribunal -will recall that this was a Bormann decree of 14 July 1939, referring -with approval to an earlier Bormann decree of 9 February 1937 in -which the Defendant Bormann ruled that in the future all Party -members who entered the clergy or who undertook the study of -theology were to be expelled from the Party.</p> - -<p class='pindent'>I next offer in evidence Document 107-PS, Exhibit USA-351. This -is a circular directive of the Defendant Bormann, dated 17 June -1938, addressed to all Reichsleiter and Gauleiter—top leaders of the -Leadership Corps of the Nazi Party—transmitting a copy of directions -relating to the non-participation of the Reich Labor Service in -religious celebrations. The Reich Labor Service, the Tribunal will -recall, compulsorily incorporated all Germans within its organization.</p> - -<p class='pindent'>DR. FRIEDRICH BERGOLD (Counsel for Defendant Bormann): -The member of the Prosecution has just submitted a number of -documents, in which he proves that, on the suggestion of Bormann, -members of the Christian religion were to be excluded from the -Party or from certain organizations. I beg the High Tribunal to allow -the member of the Prosecution to explain to me how and why this -activity, that is, the exclusion of Christians from the Party, can be -a War Crime. I cannot gather this evidence from the trial brief. -The Party is described as criminal—as a conspiracy. Is it a crime -to exclude certain people from membership in a criminal conspiracy? -Is that considered a crime? How and why is the exclusion of certain -members from the Party a crime?</p> - -<p class='pindent'>THE PRESIDENT: Counsel will answer you.</p> - -<p class='pindent'>LT. LAMBERT: If the Tribunal will willingly accommodate argument -at this stage, we find that the question. . .</p> - -<p class='pindent'>THE PRESIDENT: Only short argument.</p> - -<p class='pindent'>LT. LAMBERT: Yes, Sir. . . . admits of a short, and, as it seems -to us, an easy answer.</p> - -<p class='pindent'>The point we are now trying to prove—and evidence is abounding -on it—is that Bormann had a hatred and an enmity and took oppositional -measures towards the Christian Church. The Party was the -repository of political power in Germany. To have power one had -<span class='pageno' title='313' id='Page_313'></span> -to be in the Party or subject to its favor. By his efforts, concerted, -continuing, and consistent, to exclude clergymen, theological -students, or any persons sympathetic to the Christian religion, Bormann -could not have chosen a clearer method of showing and -demonstrating his hatred and his distrust of the Christian religion -and those who supported it.</p> - -<p class='pindent'>THE PRESIDENT: Counsel for Bormann can present his argument -upon this subject at a later stage. The documents appear to -the Tribunal to be relevant.</p> - -<p class='pindent'>LT. LAMBERT: With the Tribunal’s permission, I had just put in -Document 107-PS and pointed out that it transmitted directions -relating to the non-participation of the Reich Labor Service in -religious celebrations. I quote merely the fourth and fifth paragraphs -of Page 1 of the English translation of Document 107-PS, which reads -as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“All religious discussion is forbidden in the Reich Labor -Service because it disturbs the comrade-like union of all -working men and women.</p> -<hr class='tbk389'/> -<p class='noindent'>“For this reason also any participation of the Reich Labor -Service in church, that is, confessional, services and celebrations -is impossible.”</p> - -</div> - -<p class='pindent'>The attention of the Tribunal is next invited to Document 070-PS, -previously put in as Exhibit USA-349. The Tribunal will recall that -this was a letter from Bormann’s office to the Defendant Rosenberg, -dated 25 April 1941, in which Bormann declared that he had achieved -progressive success in reducing and abolishing religious services in -schools and in replacing Christian prayers with National Socialist -mottoes and rituals. In this letter Bormann also proposed a Nazified -morning service in the schools in place of the existing confession and -morning service.</p> - -<p class='pindent'>In his concerted efforts to undermine and subvert the Christian -churches, Bormann authorized, directed, and participated in -measures leading to the closing, reduction, and suppression of -theological schools, faculties, and institutions. The attention of the -Tribunal is invited to Document 116-PS, Exhibit Number USA-685, -which I offer in evidence. This is a letter from the Defendant Bormann -to the Defendant Rosenberg, dated 24 January 1939, enclosing -for Rosenberg’s cognizance a copy of Bormann’s letter to the Reich -Minister for Science, Education, and Popular Culture. In the -enclosed letter Bormann informs the Minister as to the Party’s -position in favor of restricting and suppressing theological faculties. -Bormann states that, owing to war conditions, it had become -necessary to reorganize the German high schools and, in view of this -situation, he requested the Minister to restrict and suppress certain -theological faculties. -<span class='pageno' title='314' id='Page_314'></span></p> - -<p class='pindent'>I now quote from the first paragraph on Page 3 of the English -translation of Document 116-PS, which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“I therefore should like to see you put the theological faculties -under substantial limitations, where, for the above reasons, -they cannot be entirely eliminated. This will apply not only -to the theological faculties at universities but also to the -various state institutions which, as seminaries having no -affiliation with any university, still exist in many places.</p> -<hr class='tbk390'/> -<p class='noindent'>“I request that no express explanations be given to churches -or other institutions and that public announcement of these -measures be avoided. Complaints and the like are to be -answered if at all, with the explanation that these measures -are carried out in the course of planned economy and that the -same is happening to other faculties.</p> -<hr class='tbk391'/> -<p class='noindent'>“I would be glad if the professorial chairs thus made vacant -could then be turned over especially to those fields of research -newly created in recent years, such as racial research, -archeology, <span class='it'>et cetera</span>, Martin Bormann.”</p> - -</div> - -<p class='pindent'>In our submission, what this document comes to is a request from -Bormann to this effect: Please close down the religious faculties and -substitute in their place Nazi faculties and university chairs with -the mission of investigating racism, cultism, Nazi archeology. This -sort of thing was done in the Hohe Schule, as was so clearly -demonstrated in the Prosecution’s case against the plundering -activities of the Einsatzstab Rosenberg.</p> - -<p class='pindent'>The attention of the Tribunal is next invited to Document 122-PS, -previously put in as Exhibit Number USA-362. The Tribunal will -recall that 122-PS is a letter from the Defendant Bormann to the -Defendant Rosenberg, dated 17 April 1939, transmitting to Rosenberg -a photostatic copy of the plan of the Reich Minister of Science, -Education, and Popular Culture for the combining and dissolving of -certain specified theological faculties. In his letter of transmittal -Bormann requested Rosenberg to take “cognizance and prompt -action” with respect to the proposed suppression of religious -institutions.</p> - -<p class='pindent'>I next offer in evidence Document 123-PS, Exhibit USA-686. This -is a confidential letter from the Defendant Bormann to the Minister -of Education, dated 23 June 1939, in which Bormann sets forth the -Party’s decision to order the suppression of numerous theological -faculties and religious institutions. The Tribunal will note that the -letter lists 19 separate religious institutions with respect to which -Bormann ordered dissolution or restriction.</p> - -<p class='pindent'>After directing the action to be taken by the Minister in connection -with the various theological faculties, Bormann stated as follows—and -<span class='pageno' title='315' id='Page_315'></span> -I quote from the next to last paragraph of Page 3 of the -English translation of Document 123-PS:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the above I have informed you of the Party’s wishes, after -thorough investigation of the matter with all Party offices. I -should be grateful if you would initiate the necessary measures -as quickly as possible. With regard to the great political -significance which every single case of such a consolidation will -have for the Gau concerned, I ask you to take these measures -and particularly to fix dates for them always in agreement -with me.”</p> - -</div> - -<p class='pindent'>I next offer in evidence, without quotation, Document 131-PS as -Exhibit USA-687. In summary, without quotation therefrom, this -is a letter from the Defendant Bormann to the Defendant Rosenberg, -dated 12 December 1939, relating to the suppression of seven -professorships in the near-by University of Munich.</p> - -<p class='pindent'>Now I deal briefly with the responsibility of Bormann for the -confiscation of religious property and cultural property. Bormann -used his paramount power and position to cause the confiscation of -religious property and to subject the Christian churches and clergy -to a discriminatory legal regime.</p> - -<p class='pindent'>I offer in evidence Document 099-PS, Exhibit USA-688. This is -a copy of a letter from Bormann to the Reich Minister for Finance, -dated 19 January 1940, in which Bormann demanded a great -increase in the special war tax imposed on the churches. I quote -from the first two paragraphs of Page 2 of the English translation of -Document 099-PS, which read as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“As it has been reported to me, the war contribution of the -churches for the 3-month period beginning 1 November 1939 -has been tentatively set at RM 1,800,000 per month, of which -RM 1 million are to be paid by the Protestant Church, and -RM 800,000 by the Catholic Church.</p> -<hr class='tbk392'/> -<p class='noindent'>“The fixing of such a low amount has surprised me. I see from -numerous reports that political communities are obliged to -raise such a large war contribution that the performance of -their tasks—some of them very important; for example, in -the field of public welfare—is endangered. In view of this, -a higher quota also from the churches appears to me to be -absolutely justified.”</p> - -</div> - -<p class='pindent'>The question may arise: Of what criminal effect is it to demand -larger taxes from church institutions? As to this demand of Bormann’s -taken by itself, the Prosecution would not suggest that it -had criminal effect, but when viewed within the larger frame of -Bormann’s demonstrated hostility to the Christian Church and his -efforts not merely to circumscribe but to eliminate it, we suggest -that this document has probative value in showing Bormann’s -<span class='pageno' title='316' id='Page_316'></span> -hostility and his concrete measures to effectuate that hostility against -the Christian churches and clergy.</p> - -<p class='pindent'>I next refer the Tribunal to Document 089-PS, previously put -in as Exhibit Number USA-360. The Tribunal will recall that this -was a letter from Bormann to Reichsleiter Amann, dated 8 March -1940, in which Bormann instructed Amann, Reichsleiter of the -Press, to make a sharper restriction in paper distribution against -religious writings in favor of publications more acceptable to the -Nazi ideology.</p> - -<p class='pindent'>I next offer in evidence Document 066-PS, as Exhibit USA-689. -This is a letter from the Defendant Bormann to the Defendant -Rosenberg, dated 24 June 1940, transmitting a draft of a proposed -discriminatory church law for Danzig and West Prussia. This decree -is a direct abridgment of religious freedom, for in Paragraph 1—I -do not quote, but briefly and rapidly summarize—the approval of -the Reich deputy for Danzig and West Prussia is required as a condition -for the legal competence of all religious organizations.</p> - -<p class='pindent'>Paragraph 3 of the decree suspended all claims of religious -organizations and congregations to state or municipal subsidies and -prohibited religious organizations from exercising their right of -collecting dues without the approval of the Reich deputy.</p> - -<p class='pindent'>In Paragraph 5 of the decree the acquisition of property by -religious organizations was made subject to the approval of the -Reich deputy. All credit rights acquired by religious organizations -prior to 1 January 1940 were required to be ratified by the Reich -Deputy in order to become actionable.</p> - -<p class='pindent'>I now offer in evidence Document 1600-PS, Exhibit USA-690. -This comprises correspondence of Bormann during 1940 and 1941 -relating to the confiscation of religious art treasures. I quote the -text of the second letter set forth on Page 1 of the English translation -of Document 1600-PS, which is a letter from the Defendant -Bormann to Dr. Posse of the State Picture Gallery in Dresden, -dated 16 January 1941, which reads as follows, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Dear Dr. Posse:</p> -<hr class='tbk393'/> -<p class='noindent'>“Enclosed herewith I am sending you the pictures of the altar -from the convent in Hohenfurth near Krumau. The convent -and its entire property will be confiscated in the immediate -future because of the subversive attitude of its inmates toward -the State.</p> -<hr class='tbk394'/> -<p class='noindent'>“It would be up to you to decide whether the pictures are to -remain in the convent at Hohenfurth or are to be transferred -to the museum at Linz after its completion.</p> -<hr class='tbk395'/> -<p class='noindent'>“I shall await your opinion in the matter. Bormann.”</p> - -</div> - -<p class='pindent'>The Tribunal may know that, in what is described as Hitler’s -last will and testament, he makes a bequest of all the art treasures -<span class='pageno' title='317' id='Page_317'></span> -he had in the museum at Linz, and from a legal point of view he -uses the euphemism “art treasures which I have bought.” This -document, on its face, suggests how at least certain of the properties, -the art treasures in the museum at Linz, were acquired.</p> - -<p class='pindent'>Finally, as the war drew increasing numbers of German youth -into the Armed Forces, the Defendant Bormann took measures to -exclude and exorcise all religious influence from the troops. The -attention of the Tribunal is invited to Document 101-PS, previously -put in as Exhibit Number USA-361. The Tribunal will recall that -this is a letter from the Defendant Bormann, dated 17 January 1940, -in which Bormann pronounced the Party’s opposition to the circulation -of religious literature to the members of the German Armed -Forces. In this letter Bormann stated that if the influence of the -church upon the troops was to be effectively fought, this could only -be done by producing, in the shortest possible time, a large amount -of Nazi pamphlets and publications.</p> - -<p class='pindent'>I now offer in evidence Document 100-PS, as Exhibit Number -USA-691. This is a letter from the Defendant Bormann to Rosenberg, -dated 18 January 1940, in which Bormann declares that the -publication of Nazi literature for army recruits as a counter measure -to the circulation of religious writings was the “most essential -demand of the hour.”</p> - -<p class='pindent'>I forbear quoting from that document. Its substance is indicated.</p> - -<p class='pindent'>I now request the Tribunal to notice judicially the authoritative -Nazi publication entitled <span class='it'>Decrees of the Deputy of the Führer</span>, -edition of 1937; and I quote from Page 235 of this volume the -pertinent and important decree issued by the Defendant Bormann -to the Commissioner of the Party Directorate, dated 7 January 1936, -the English version of which is set forth in the English translation -of our Document 3246-PS. In this one sentence Bormann aims and -directs the terror of the Gestapo against dissident church members -who crossed the conspirators, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“If parish priests or other subordinate Roman Catholic leaders -adopt an attitude of hostility toward the State or Party, it shall -be reported to the Secret State Police”—Gestapo—“through -official channels.”—Signed—“Bormann.”</p> - -</div> - -<p class='pindent'>By leave of the Tribunal, I come now to deal with the responsibility -of the Defendant Bormann for the persecution of the Jews.</p> - -<p class='pindent'>Again, the Prosecution seeks not to rehash the copious evidence -in the Record on the persecution of the Jews but rather to limit -itself to evidence fastening on the Defendant Bormann his individual -responsibility for the persecution of the Jews. Bormann shares the -deep guilt of the Nazi conspirators for their odious program in the -persecution of the Jews. It was the Defendant Bormann, we would -<span class='pageno' title='318' id='Page_318'></span> -note, who was charged by Hitler with the transmission and implementation -of the Führer’s orders for the liquidation of the so-called -Jewish problem.</p> - -<p class='pindent'>Following the Party-planned and Party-directed program of 8 -and 9 November 1938, in the course of which a large number of -Jews were killed and harmed, Jewish shops pillaged and wrecked, -and synagogues set ablaze all over the Reich, the Defendant Bormann, -on orders from Hitler, instructed the Defendant Göring to -proceed to the “final settlement of the Jewish question” in Germany.</p> - -<p class='pindent'>The attention of the Tribunal is invited to Document 1816-PS, -previously put in as Exhibit USA-261. The Tribunal is well -acquainted with this document. It has frequently been referred to. -The Tribunal knows that Document 1816-PS is the minutes of a -conference on the Jewish question, held under the direction of -Göring on the 12th of November 1938. 1 quote only the first sentence -of Document 1816-PS, which fastens the responsibility upon Bormann -and which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Göring: ‘Gentlemen, today’s meeting is of a decisive nature. -I have received a letter written on the Führer’s orders by the -Chief of Staff of the Führer’s Deputy, Bormann, requesting -that the Jewish question be now, once and for all, co-ordinated -and solved in one way or another.’ ”</p> - -</div> - -<p class='pindent'>The Tribunal is well aware of the proposals, the discussions, and -the actions taken in this conference that constituted the so-called -“settlement of the Jewish question.”</p> - -<p class='pindent'>As a result of this conference a series of anti-Jewish decrees -and measures were issued and adopted by the Nazi conspirators. -I offer in evidence Document 069-PS, Exhibit USA-589. This is a -decree of Bormann, dated 17 January 1939, in which Bormann -demands compliance with the new anti-Jewish regulations stemming -and flowing from the Göring conference just referred to, under -which Jews were denied access to housing, travel, and other -facilities of ordinary life. I quote the Bormann order, which -appears at Page 1 of the English translation of Document 069-PS, -which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“According to a report of General Field Marshal Göring, the -Führer has made some basic decisions regarding the Jewish -question. The decisions are brought to your attention in -the enclosure. Strict compliance with these directives is -requested.”—Signed—“Bormann.”</p> - -</div> - -<p class='pindent'>In the interests of expediting the proceedings, I shall resist the -temptation to quote extensively from the enclosed order in -Bormann’s letter of transmittal. In effect, the crux of it is that -Jews are denied sleeping compartments in trains, the right to give -<span class='pageno' title='319' id='Page_319'></span> -their trade to certain hotels in Berlin, Munich, Nuremberg, Augsburg, -and the like. They are banned and excluded from swimming -pools, certain public squares, resort towns, mineral baths, and the -like. The stigma, the degradation, and the inconvenience in the -ordinary affairs of life promoted by this decree are plain.</p> - -<p class='pindent'>I next request the Tribunal to notice judicially the decree of -12 November 1938, 1938 <span class='it'>Reichsgesetzblatt</span>, Part I, Page 1580 -(Document JN-6), quite familiar to this Tribunal, for it was the -decree which excluded Jews from economic life. This decree forbade -Jews to operate retail shops, and it was a decree which went -far to eliminate Jews from economic life.</p> - -<p class='pindent'>Now Bormann also acted through other state agencies to wipe -out the economic existence of large sections of the Jewish population. -In that respect I request the Tribunal to notice judicially the -authoritative Nazi publication entitled <span class='it'>Decrees of the Deputy of -the Führer</span>, edition of 1937, our Document 3240-PS. At Page 383 -of this publication there appears a decree of the Defendant Bormann, -dated 8 January 1937, reproducing an order of the Defendant -Frick, issued at Bormann’s instigation, denying financial assistance -to government employees who employed the services of -Jewish doctors, lawyers, pharmacists, morticians, and other professional -classes. I shall forbear from quoting the text of that decree. -Its substance is as given.</p> - -<p class='pindent'>If it please the Tribunal, for the benefit of the translators I -shall continue reading from Page 25 of the manuscript.</p> - -<p class='pindent'>After the outbreak of war the anti-Jewish measures increased -in intensity and brutality. Thus, the Defendant Bormann participated -in the arrangements for the deportation to Poland of 60,000 -Jewish inhabitants of Vienna, in co-operation with the SS and the -Gestapo. I have no doubt that the Tribunal received this document -in connection with the case against Von Schirach; it is our -Document 1950-PS, and on its face it points out, and Lammers says: -Bormann has informed Von Schirach of your proposal to bring -about the deportations. I limit myself to pointing out that single, -solitary fact.</p> - -<p class='pindent'>When Bormann succeeded the Defendant Hess as Chief of the -Party Chancellery, he used his vast powers in such a way that -he was a prime mover in the program of starvation, degradation, -spoliation, and extermination of the Jews—and we use those terms -advisedly—subject to the Draconian rule of the conspirators.</p> - -<p class='pindent'>I request the Tribunal to notice judicially the decree of 31 May -1941, 1941 <span class='it'>Reichsgesetzblatt</span>, Part I, Page 297, which was signed -by the Defendant Bormann and which extends the discriminatory -Nuremberg laws into the annexed Eastern territories. I request -the Tribunal to notice judicially the 11th ordinance under the -<span class='pageno' title='320' id='Page_320'></span> -Reich citizenship law of 25 November 1941, 1941 <span class='it'>Reichsgesetzblatt</span>, -Part I, Page 722, signed by Defendant Bormann, which ordered -the confiscation of the property of all Jews who had left Germany -or who had been deported.</p> - -<p class='pindent'>I request the Tribunal to notice judicially an order of Bormann’s -dated 23 October 1941. . .</p> - -<p class='pindent'>THE PRESIDENT: You have not given us the PS numbers of -either the decree of 31 of May 1941 or the one after that.</p> - -<p class='pindent'>LT. LAMBERT: I confess dereliction of duty there. These -decrees, in translated form, are all in the document book. I do -not have, in my manuscript, their PS citation. However, in the -brief now filed with or soon to be delivered to the Tribunal, these -decrees are given with their PS numbers opposite.</p> - -<p class='pindent'>THE PRESIDENT: 3354-PS and 3241-PS.</p> - -<p class='pindent'>LT. LAMBERT: That is very good of you, Sir. Thank you.</p> - -<p class='pindent'>I request the Tribunal to notice judicially an order of the -Defendant Bormann, dated 23 October 1942, Volume II of the -publication <span class='it'>Decrees, Regulations, Announcements</span>, Page 147. This -is our document, I rejoice to be able to say, 3243-PS, which announces -a Ministry of Food decree, issued at Bormann’s instigation, -which deprived Jews of many essential food items, all special sickness -and pregnancy rations for expectant mothers and ordered -confiscation of food parcels sent to the beleaguered Jews from the -sympathetic outside world.</p> - -<p class='pindent'>I now request the Tribunal to notice judicially the 13th ordinance -under the Reich citizenship law of 1 July 1943, 1943 <span class='it'>Reichsgesetzblatt</span>, -Part I, Page 372, signed by the Defendant Bormann, under -which all Jews were completely withdrawn from the protection -of the ordinary courts and handed over to the exclusive jurisdiction -of Himmler’s police. This is our Document 1422-PS.</p> - -<p class='pindent'>With leave of the Tribunal, we respectfully request the opportunity -to underline the significance of that decree. In a society -which desires to live under the rule of law, men are judged only -after appearance before, and adjudication by, a court of law. The -effect of this decree was to remove all alleged Jewish offenders -from the jurisdiction of the courts of law and to turn them over -to the police. The police were to have jurisdiction over alleged -Jewish offenders, not the tribunal of law.</p> - -<p class='pindent'>The result of this law was soon forthcoming, a result for which -the Defendant Bormann shares the responsibility. On July 3, 1943, -Himmler issued a decree, our Document 3085-PS, 1943 <span class='it'>Ministry -of Interior Gazette</span>, Page 1085. I respectfully request the Tribunal -to take judicial notice of this decree, which charged the Himmler -<span class='pageno' title='321' id='Page_321'></span> -police and Gestapo with the execution of the foregoing ordinance -closing the courts to the Jews and entrusting them to Himmler’s -police.</p> - -<p class='pindent'>Finally, with respect to Bormann’s responsibility for the persecution -of the Jews, I request the Tribunal to notice judicially a -decree of Bormann’s, dated 9 October 1942, Volume II, <span class='it'>Decrees, -Regulations, Announcements</span>, Pages 131, 132. It declared that the -problem of eliminating forever millions of Jews from Greater -German territory could no longer be solved by emigration merely, -but only by the application of ruthless force in special camps in -the East.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): What are you referring to there?</p> - -<p class='pindent'>LT. LAMBERT: That, Sir, is Document 3244-PS.</p> - -<p class='pindent'>We had desired at the outset, Sir, to quote this decree in full -as an irrefutable answer to a question put by Defense Counsel -some days ago in cross-examination, as to whether or not anti-Semitic -policies of the conspirators were the policies merely of -certain demented or deviational members of the conspiracy and -not the concerted, settled policy of the conspiracy itself. Time -does not permit the full quotation of this decree, but with the -indulgence of the Tribunal, if I may offer the essence of this decree -in a brief sentence or two.</p> - -<p class='pindent'>Bormann starts out in this decree by saying: Recently rumors -have been stimulated throughout the Reich as to “ ‘violent things’ -we are doing with respect to the Jews.” These rumors are being -brought back to the Reich by our returning soldiers who have eye-witnessed -them in the East. If we are to combat the effect of -these rumors, then our attitude, as I now outline it to you officially, -must be communicated to the German civil population. Bormann -then reviews what he terms “the two-thousand-year-old struggle -against Judaism,” and he divides the Party’s program into two -spheres: the first, the effort of the Party and the conspirators -to excommunicate and expel the Jews from the economic and -social life of Germany. Then he adds: When we started rolling -with our war, this measure by itself was not enough; we had to -resort to forced emigration and set up our camps in the East. -He then goes on to say that: As our armies have advanced in the -East, we have overrun the lands to which we have sent the Jews, -and now these emigration measures, our second proposal, are no -longer sufficient.</p> - -<p class='pindent'>Then he comes to the proposal, the considered proposal of himself -and the Party Chancellery: We must transport these Jews -eastward and farther eastward and place them in special camps -for forced labor. I quote now merely the last sentence of Bormann’s -decree: -<span class='pageno' title='322' id='Page_322'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“It lies in the very nature of the matter that these problems, -which in part are very difficult, can be solved only with ruthless -severity in the interest of the final security of our -people.”—Bormann.</p> - -</div> - -<p class='pindent'>With leave of the Tribunal, I come now to deal. . .</p> - -<p class='pindent'>THE PRESIDENT: Is it signed by Bormann? It does not appear -to be. I thought you said, “Bormann.”</p> - -<p class='pindent'>LT. LAMBERT: That is what I said, true, Sir.</p> - -<p class='pindent'>If the Tribunal will refer, as it has, to Document 3244-PS, it -is clear that this is a Bormann decree, issued from the Office of the -Deputy to the Führer. It is true in this translation of the decree, -Sir, Bormann’s name is not affixed; but in the original volume it -is very clear that this is a decree of Bormann’s, issued from the -Party Chancellery. The Prosecution so assures the Tribunal and -accepts responsibility for that submission.</p> - -<p class='pindent'>With leave of the Tribunal, I now come to deal with the -responsibility of the Defendant Bormann for overt acts, for the -commission and planning of a wide variety of crimes in furtherance -of the conspiracy. The Tribunal knows the vast powers that -Bormann possessed; that has already been put in evidence. Our -point is that he used these vast powers, buttressed by his position as -secretary to the Führer attending all the conferences at the Führer’s -headquarters, in the planning, the authorization, and the participation -in overt acts denominated War Crimes and Crimes against -Humanity.</p> - -<p class='pindent'>The attention of the Tribunal is invited to Document L-221, -previously put in as Exhibit USA-317. The Tribunal knows that -this document is a comprehensive report, dated 16 July 1941, made -by the Defendant Bormann just 3 weeks after the invasion -of the territory of the Soviet Union by Germany. It is -a report of a 20-hour conference at Hitler’s field headquarters with -the Defendants Göring, Rosenberg, Keitel, and with Reich Minister -Lammers. This conference resulted in the adoption of detailed -plans and directives for the enslavement, depopulation, Germanization, -and annexation of extensive territories in the Soviet Union -and other countries of eastern Europe.</p> - -<p class='pindent'>In his report on this conference, set forth in Document L-221, -Bormann included numerous proposals of his own for the execution -of these plans.</p> - -<p class='pindent'>Later the Defendant Bormann took a prominent part in implementing -the conspiratorial program. The attention of the Tribunal -is invited to Document 072-PS, previously put in as Exhibit -USA-357. The Tribunal will recall that this is a letter from the -<span class='pageno' title='323' id='Page_323'></span> -Defendant Bormann to the Defendant Rosenberg, dated 19 April -1941, dealing with the confiscation of cultural property in the East. -I quote merely the last two paragraphs of the English translation -of Document 072-PS, which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer emphasized that in the Balkans the use of -your experts”—I parenthetically insert that that is the experts -of the Einsatzstab Rosenberg organization, the plundering -organization—“the use of your experts would not be necessary, -since there were no art objects to be confiscated. In -Belgrade, only the collection of Prince Paul existed, which -would be returned to him completely. The remaining material -of the lodges, <span class='it'>et cetera</span>, would be seized by the men of SS -Gruppenführer Heydrich.</p> -<hr class='tbk396'/> -<p class='noindent'>“The libraries and art objects of the monasteries confiscated -in the Reich were to remain for the time being in these -monasteries, insofar as the Gauleiter had not determined -otherwise. After the war, a careful examination of the stock -could be undertaken. Under no circumstances, however, -should a centralization of all the libraries be undertaken -. . . .”—Signed—“Bormann.”</p> - -</div> - -<p class='pindent'>I now offer in evidence Document 061-PS, Exhibit USA-692. -This is a secret letter from Bormann, dated 11 January 1944, in -which Bormann discloses—and we stress this, very important as -it seems to us—the existence of large-scale operations to drain off -commodities from German-occupied Europe for delivery to the -bombed-out population in Germany. The Tribunal knows that the -Hague Regulations and the laws of war permit the requisitioning -of goods and services only for the use of the Army of Occupation -and for the needs of the administration of the area. This proposal -and this action represent the requisitioning of materials in occupied -areas for the use of the folk at home—of the home front.</p> - -<p class='pindent'>I now quote the first two paragraphs of the English translation—Bormann’s -letter of 11 January 1944, set forth in the English -translation of our Document 061-PS, which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Since the supply of textiles and household goods for the -bombed population is becoming increasingly difficult, the -proposition was made repeatedly to effect purchases in the -occupied territories in greater proportions. Various Gauleiter -proposed to let these purchases be handled by suitable private -merchants who know these districts and have corresponding -connections.</p> -<hr class='tbk397'/> -<p class='noindent'>“I have brought these proposals to the attention of the Reich -Minister of Economics and am quoting his reply of 16 December -1943 on account of its fundamental importance: -<span class='pageno' title='324' id='Page_324'></span></p> -<hr class='tbk398'/> -<p class='noindent'>“ ‘I consider it an especially important task to make use of the -economic power of the occupied territories for the Reich. -You are aware of the fact that, since the occupation of the -Western territories, the buying out of these countries has -been effected to the greatest extent possible. Raw materials, -semi-finished products, and stocks in finished goods have been -rolling into Germany for months; valuable machines were -sent to our armaments industry. Everything was done at -that time to increase our armament potentialities. Later on, -the shipments of these important economic goods were -replaced by the so-called transfer of orders from industry -to industry.’ ”</p> - -</div> - -<p class='noindent'>I shall end the quotation there. The rest is not material to the -point.</p> - -<p class='pindent'>In the course of the war—and this is of utmost importance in -the view of the Prosecution. . .</p> - -<p class='pindent'>THE PRESIDENT: Is it clear that that was confiscation?</p> - -<p class='pindent'>LT. LAMBERT: It was not suggested, Sir, that this was confiscation. -Our point was that the Hague regulations allow requisitions -in return for payment only for the needs of the army of occupation -and for the needs of administration of the occupied area. -This represents, as it seems to us, a requisitioning program for the -needs of the home front. It is on that point that we offer it.</p> - -<p class='pindent'>We come now to what the Prosecution considers a most important -point against the Defendant Bormann. In the course of the war -Bormann issued a series of orders establishing Party jurisdiction -over the treatment of prisoners of war, especially when employed -as forced labor.</p> - -<p class='pindent'>The Tribunal knows that, under the Geneva Convention of 1929 -relating to prisoners of war, prisoners of war are the captives, not -of the troops who take them or even of the army which captures -them, but of the capturing power; and it is the capturing power -which has jurisdiction over and responsibility for them.</p> - -<p class='pindent'>By the series of decrees now to be put in, Bormann asserts and -establishes Nazi Party jurisdiction over Allied prisoners of war. -In the exercise of that Party jurisdiction he called for excessively -harsh and brutal treatment of Allied prisoners of war.</p> - -<p class='pindent'>I now offer in evidence Document 232-PS as Exhibit USA-693. -This is a decree of the Defendant Bormann, dated 13 September -1944, addressed—will the Tribunal please note—to all Reichsleiter, -Gauleiter, and Kreisleiter, and leaders of the Nazi affiliated organizations—numerous -levels, that is, of the Leadership Corps of the -Nazi Party—a decree establishing Nazi Party jurisdiction over the -use of prisoners of war for forced labor. -<span class='pageno' title='325' id='Page_325'></span></p> - -<p class='pindent'>I quote the first three paragraphs of Bormann’s order, set forth -on Page 1 of the English translation of Document 232-PS, which -reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“The regulations valid until now on the treatment of prisoners -of war and the tasks of the guard units are no longer justified -in view of the demands of the total war effort.”</p> - -</div> - -<p class='noindent'>The Prosecution would intrude to ask the question: Since when -do the exigencies of the war effort repeal or modify the provisions -of international law?</p> - -<div class='blockquote'> - -<p class='noindent'>“Therefore, the OKW, on my suggestion issued the regulation, -a copy of which is enclosed.</p> -<hr class='tbk399'/> -<p class='noindent'>“The following observations are made on its contents:</p> -<hr class='tbk400'/> -<p class='noindent'>“1. The understanding exists between the Chief of the -Supreme Command of the Armed Forces and myself that -the co-operation of the Party in the commitment of prisoners -of war is inevitable. Therefore, the officers assigned to -the prisoner-of-war organization have been instructed to co-operate -most closely with the Hoheitsträger. The commandants -of the prisoner-of-war camps have immediately to detail -liaison officers to the Kreisleiter.</p> -<hr class='tbk401'/> -<p class='noindent'>“Thus the opportunity will be afforded the Hoheitsträger to -alleviate existing difficulties locally, to exercise influence on -the behavior of guards units”—and this is the point we -underline—“and better to assimilate the commitment of -prisoners of war to the political and economic demands.”</p> - -</div> - -<p class='pindent'>Will the Tribunal permit me to observe that on the face of -this order, addressed to Reichsleiter, Gauleiter, and Kreisleiter, -and so to the officials of the Leadership Corps, in the terms of -the order itself Hoheitsträger are referred to as co-operating media -in this scheme.</p> - -<p class='pindent'>The Tribunal has graciously given me an opportunity to observe -that this decree is addressed to Reichsleiter, Gauleiter, Kreisleiter, -and to the leaders of the affiliated and controlled Nazi organizations. -As the Tribunal knows, within the Leadership Corps of -the Nazi Party the Kreisleiter is a pretty low level. That is a -county leader. On the face of the decree itself the co-operation -of the Hoheitsträger is directed—and the Tribunal knows, under -the evidence presented against the Leadership Corps, that Hoheitsträger -range all the way from the Reichsleiter on the top—down -to and including the 500,000 or so Blockleiter implicated.</p> - -<p class='pindent'>I next offer in evidence Document D-163 as Exhibit USA-694. -This is a letter of the Defendant Bormann, dated 5 November 1941, -addressed—the Tribunal will please note—to all Reichsleiter, Gauleiter, -and Kreisleiter (the last just mere county leaders), transmitting -to these officials of the Leadership Corps of the Nazi Party -<span class='pageno' title='326' id='Page_326'></span> -the instructions of the Reich Minister of the Interior prohibiting -decent burials with religious ceremonies for Russian prisoners of -war. I quote the pertinent portions of these instructions, beginning -with the next to the last sentence of Page 1 of the English translation -of D-163, which reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“To save costs, service departments of the Army will generally -be contacted regarding transport of corpses (furnishing of -vehicles) whenever possible. No coffins will be indented for -the transfer and burial. The body will be completely enveloped -with strong paper (if possible, oil, tar, asphalt paper) -or other suitable material. Transfer and burial is to be -carried out unobtrusively. If a number of corpses have to be -disposed of, the burial will be carried out in a communal -grave. In this case, the bodies will be buried side by side -(not on top of each other) and in accordance with the local -custom regarding depth of graves. Where a graveyard is the -place of burial a distant part will be chosen.</p> -<hr class='tbk402'/> -<p class='noindent'>“No”—we repeat—“No burial ceremony or decoration of -graves will be allowed.”</p> - -</div> - -<p class='pindent'>I now offer in evidence Document 228-PS, Exhibit USA-695. -This is a Bormann circular, dated 25 November 1943, issued from -the headquarters of the Führer, demanding harsher treatment of -prisoners of war and the increased exploitation of their manpower. -I now quote the Bormann circular which is set forth on Page 1 -of the English translation of Document 228-PS, which reads as -follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Individual Gau administrations often refer in reports to -a too indulgent treatment of prisoners of war on the part -of the guard personnel. In many places, according to these -reports, the guarding authorities have even developed into -protectors and caretakers of the prisoners of war.</p> -<hr class='tbk403'/> -<p class='noindent'>“I informed the Supreme Command of the Armed Forces -of these reports, with the comment that the productive -German working population absolutely cannot understand it -if, in a time when the German people is fighting for existence -or nonexistence, prisoners of war—hence our enemies—are -leading a better life than the German working man and -that it is an urgent duty of every German who has to do -with prisoners of war, to bring about a complete utilization -of their manpower.</p> -<hr class='tbk404'/> -<p class='noindent'>“The chief of prisoner-of-war affairs in the Supreme Command -of the Armed Forces has now given the unequivocal order, -attached hereto in copy form, to the commanders of prisoners -<span class='pageno' title='327' id='Page_327'></span> -of war in the military districts. I request that this order be -brought orally to the attention of all Party office holders in -the appropriate manner.</p> -<hr class='tbk405'/> -<p class='noindent'>“In case that in the future, complaints about unsuitable treatment -of prisoners of war still come to light, they are to be -immediately communicated to the commanders of the prisoners -of war with a reference to the attached order.”</p> - -</div> - -<p class='pindent'>The Tribunal will note, of course, that on the face of the -decree Bormann instructs that these orders be communicated orally -to all Party officials and that surely must include the members -of the Leadership Corps of the Nazi Party.</p> - -<p class='pindent'>THE PRESIDENT: Speaking for myself, I don’t see anything -particularly wrong in that communication.</p> - -<p class='pindent'>LT. LAMBERT: On that point, Sir, we submit that if you take -a document which says, “We wish to utilize all the labor power -of prisoners of war in our control possible and to get this result -by suitable means,” probably it tends to appear unexceptional. -But viewing this document in relation to the other evidence in, -and to be presented, which show a concerted and settled policy by -Bormann and his co-conspirators to. . .</p> - -<p class='pindent'>THE PRESIDENT: Well, it isn’t necessary to argue it.</p> - -<p class='pindent'>LT. LAMBERT: Yes, Sir. Thank you, Sir.</p> - -<p class='pindent'>The attention of the Tribunal is invited to Document 656-PS, -previously put in as Exhibit USA-339. The Tribunal will recall -that this is a secret Bormann circular transmitting instructions of -the Nazi High Command of 29 January 1943, providing for the -enforcement of labor demands on Allied prisoners of war through -the use of weapons and corporal punishment. I quote a brief -excerpt from these instructions, beginning with the third sentence -of the third numbered paragraph of Page 2 of the English translation -of Document 656-PS, which reads as follows; and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Should the prisoner of war not fulfill his order, then he -has”—that is the guard unit, the guard personnel—“then he -has, in the case of very exceptional need and extreme danger, -the right to force obedience with weapons, if he has no other -means. He may use the weapon insofar as this is necessary -to attain his goal. If the assistant guard is not armed, -then he is authorized in forcing obedience by other appropriate -means.”</p> - -</div> - -<p class='pindent'>The Tribunal knows that, under the Geneva Prisoners-of-War -Convention of 1929, when prisoners of war prove derelict and -refuse to carry out proper orders of the captive power or its -<span class='pageno' title='328' id='Page_328'></span> -forces, such prisoners of war are subject to court-martial and -military proceedings as if they were serving under their own -forces. Here is a decree which, on its face, authorizes or attempts -to authorize guard personnel to use the rifle or other suitable means -of violence; and of course Your Lordship will understand it was -this type of document we had in mind when we suggested that -the decree of Bormann should be considered in the light of his -other orders relating to the treatment of prisoners of war.</p> - -<p class='pindent'>THE PRESIDENT: The Tribunal will adjourn now.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='329' id='Page_329'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>LT. LAMBERT: The Tribunal will recall that at the close of the -morning session I had been putting in a series of decrees of the -Defendant Bormann in which he called for increasingly harsh and -severe treatment of Allied prisoners of war. These instructions -issued by the Defendant Bormann culminated in his decree of -30 September 1944. The attention of the Tribunal is invited to -Document 058-PS, previously put in as Exhibit Number USA-456. -The Tribunal will recall that this decree of the Defendant Bormann -removed jurisdiction over all prisoners of war from the Nazi High -Command and transferred it to Himmler. The decree also provided -that all PW camp commanders should be under the orders of the -local SS commanders. By virtue of this order of the Defendant Bormann, -Hitler was enabled to proceed with his program of inhuman -treatment and even extermination of Allied prisoners of war.</p> - -<p class='pindent'>We now proceed to put in what the Prosecution conceive to be -extremely important and extremely incriminating evidence against -Bormann and the co-conspirators, that is, the responsibility of the -Defendant Bormann for the organized lynching of Allied airmen. -I offer in evidence Document 062-PS, Exhibit Number USA-696; and -I very respectfully request the Tribunal to turn to this document. -On its face it is an order dated 13 March 1940 from the Defendant -Hess addressed to Reichsleiter, Gauleiter, and other Nazi officials and -organizations. In this order these Party officials are instructed by -the Defendant Hess to instruct the German civil population to -arrest or liquidate all bailed-out Allied fliers. I call the attention -of the Tribunal to the third paragraph on the first page of the -English translation of Document 062-PS. In the third paragraph Hess -directs that these instructions, which I shall soon read, are to be -passed out only orally to all—will the Tribunal please mark that—district -leaders or Kreisleiter, Ortsgruppenleiter, cell leaders, and -even the block leaders; that is to say, this order must be passed out -by all the officials of the Leadership Corps to the Hoheitsträger, -ranging from Reichsleiter down to, and including, the Blockleiter.</p> - -<p class='pindent'>Now turn to Document 062-PS, and the Tribunal will find the -instructions which Hess demanded be disseminated by the Leadership -Corps orally: The lynching of Allied fliers. These directions are -headed: “About behavior in case of landings of enemy planes or -parachutists.” The first three instructions I omit as not material to -the basic point now being made. Instruction 4 reads, and I quote: -“Likewise enemy parachutists are immediately to be arrested or -liquidated.”</p> - -<p class='pindent'>It speaks for itself and requires no further comment from the -Prosecution. -<span class='pageno' title='330' id='Page_330'></span></p> - -<p class='pindent'>Now, in order to insure the success of this scheme ordered by -the Defendant Hess, Bormann issued a secret letter, dated 30 May -1944, to the officials, if the Tribunal will please mark, of the Leadership -Corps of the Nazi Party, prohibiting any police measures or -criminal proceedings against German civilians who had lynched or -murdered Allied airmen. This document, our 057-PS, has been -previously put in and received by the Tribunal in connection with -the Prosecution’s case against the alleged criminal organization, the -Leadership Corps of the Nazi Party.</p> - -<p class='pindent'>Now, may it please the Tribunal, that such lynchings, organized, -authorized, and consented to by Defendant Bormann, actually took -place has since been fully and indisputably demonstrated by trials -by American military commissions which have resulted in the conviction -of German civilians for the murder of Allied fliers. I request -the Tribunal to take judicial notice of Military Commission Order -Number 2, Headquarters 15th U. S. Army, dated 23 June 1945. This -order is our Document 2559-PS. This order imposed the sentence -of death upon a German civilian for violation of the laws and usages -of war in murdering an American airman who had bailed out and -landed without any means of defense.</p> - -<p class='pindent'>The Tribunal will note from that order of the American Military -Commission the 15th of August 1944 as date of crime; Bormann’s -order was dated May 1944.</p> - -<p class='pindent'>I request the Tribunal to notice judicially Military Commission -Order Number 5, Headquarters 3rd U. S. Army and Eastern Military -District, dated 18 October 1945. This order is set forth in Document -2560-PS. This order imposed a sentence of death upon a German -national for violating the laws and usages of war by murdering, on -or about 12 December 1944, an American airman who landed in -German territory.</p> - -<p class='pindent'>We could cite further orders of American and other Allied military -commissions sentencing German civilians to death for the lynching -and murdering of Allied airmen who had bailed out and landed -without means of defense on German territory. We think our point -is made by taking the time of the Tribunal to cite those two orders.</p> - -<p class='pindent'>As previously mentioned in the trial address, on 20 October 1944, -when Nazi defeat in the war had become certain, Bormann assumed -political and organizational command of the newly-formed Volkssturm, -the people’s army. By virtue of ordering the continued -resistance by the Volkssturm, Bormann bears some responsibility -for the resistance which prolonged the aggressive war for months.</p> - -<p class='pindent'>I come now, if it please the Tribunal, to present the proofs -showing that Bormann authorized, directed, and participated in a -wide variety of Crimes against Humanity in aid of the conspiracy. -Bormann played an important role in the administration of the -<span class='pageno' title='331' id='Page_331'></span> -forced labor program. I offer in evidence Document D-226, Exhibit -Number USA-697. This is a Speer circular, a circular of the Defendant -Speer of 10 November 1944, transmitting Himmler’s instructions -that the Party and the Gestapo should co-operate in securing a -larger productivity from the millions of impressed foreign workers -in Germany. I quote the second numbered paragraph of Page 2 of -the English translation of Document D-226, which reads as follows. -I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“All men and women of the NSDAP, its subsidiaries and -affiliated bodies in the works”—meaning of course factories—“will, -in accordance with instructions from their Kreisleiter, -be warned by their local group leaders”—we intrude to say -that means Ortsgruppenleiter—“and be put under obligation -to play their part in keeping foreigners under the most careful -observation. They will report the least suspicion to the works -foreman, which he will pass on to the defense deputy or, -where such a deputy has not been appointed, to the police -department concerned, while at the same time reporting to -the works manager and the local group leader”—the Ortsgruppenleiter—“to -exert untiringly and continuously their -influence on foreigners, both in word and deed, in regard to -the certainty of German victory and the German will to resist, -thus producing a further increase of output in the works.</p> -<hr class='tbk406'/> -<p class='noindent'>“Party members, both men and women, and members of -Party organizations and affiliated bodies must be expected -more than ever before to conduct themselves in an exemplary -manner.”</p> - -</div> - -<p class='pindent'>Now, in a word, the significance of that decree: It is true it is a -circular of Speer’s reciting an arrangement between himself and -Himmler, but the effect of the arrangement is to impose the onus -and the continuous task of supplying foreign workers on Party -members, a Party which, as the Tribunal knows, Bormann headed as -executive chief.</p> - -<p class='pindent'>Under the decree of 24 January 1942 no such directive could -have been issued without the participation of Bormann, both in its -preparation and its enactment.</p> - -<p class='pindent'>I now offer in evidence Document 025-PS as Exhibit Number -USA-698. This is a conference report dated 4 September 1942 which -states that the recruitment, importation, mobilization, and processing -of 500,000 female domestic workers from the east would be handled -exclusively by the Defendant Sauckel, Himmler, and the Defendant -Bormann. I quote the first two sentences of the third paragraph -of the English translation of Document 025-PS, which reads as -follows: -<span class='pageno' title='332' id='Page_332'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer has ordered the immediate importation of 400,000 -to 500,000 female domestic eastern workers from the Ukraine -between the ages of 15 and 35 and has charged the Plenipotentiary -for Allocation of Labor with the execution of this -action which is to end in about 3 months. In connection with -this—this is also approved by Reichsleiter Bormann—the -illegal bringing of female housekeepers into the Reich by -members of the Armed Forces, or various other agencies is to -be allowed subsequently and, furthermore, irrespective of the -official recruiting, is not to be prevented.”</p> - -</div> - -<p class='pindent'>And I now quote from the first sentence of the last paragraph -on Page 4 of the English translation of Document Number 025-PS, -and this is the part that hooks in the Defendant Bormann with the -scheme:</p> - -<div class='blockquote'> - -<p class='noindent'>“Generally one gathered from this conference that the -questions concerning the recruitment and mobilization, as well -as the treatment of female domestic workers from the east, -are being handled by the Plenipotentiary for Allocation of -Labor, the Reichsführer SS, and the Chief of the German -Police and the Party Chancellery, and that the Reich Ministry -for the Occupied Eastern Territories is in these questions -considered as having no, or only limited, competence.”</p> - -</div> - -<p class='pindent'>The Party Chancellery is here mentioned in terms, and Bormann -was the leader of the Party Chancellery, as the Tribunal -knows.</p> - -<p class='pindent'>Now the defendant imposed his will on the administration of -the German-occupied areas and insisted on the ruthless exploitation -of the inhabitants of the occupied East. The attention of the -Tribunal is respectfully invited to Document R-36, previously -put in as Exhibit Number USA-344. The Tribunal is well acquainted -with this document, for it has been referred to several times in these -proceedings, and knows that this is an official memorandum of the -Ministry for Occupied Eastern Territories, dated 19 August 1942, -which states that the repressive views of the Defendant Bormann -with respect to the inhabitants of the Eastern areas actually determined -German occupational policies in the East. The Tribunal -recalls the now almost notorious quotation from this Document R-36, -which purports to paraphrase and constitute the essence of Bormann’s -views with respect to German occupational policy in the -East. So often has it been quoted that I shall resist the temptation -to repeat it, but in essence it comes to this. Bormann in effect says:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Slavs are to work for us. In so far as we don’t need -them, they may die. They should not receive the benefits of -the German public health system. We do not care about their -fertility. They may practice abortion and use contraceptives; -<span class='pageno' title='333' id='Page_333'></span> -the more the better. We don’t want them educated; it is -enough if they can count up to 100. Such stooges will be the -more useful to us. Religion we leave to them as a diversion. -As to food, they will not get any more than is absolutely -necessary. We are the masters; we come first.”</p> - -</div> - -<p class='pindent'>We respectfully submit this as an accurate paraphrase and summary -of the text of that document, Document R-36.</p> - -<p class='pindent'>The attention of the Tribunal is next respectfully invited to -Document 654-PS, previously put in as Exhibit Number USA-218. -The Tribunal will recall that this is a conference report, dated -18 November 1942, embodying an agreement between the Minister -of Justice and Himmler entered into by Bormann’s suggestion under -which all inhabitants of the Eastern occupied areas are subjected -to a brutal police regime in the place of an ordinary judicial -system. And the agreement refers all disputes between the Party, -Reich Minister for Justice, and Himmler to Bormann for settlement.</p> - -<p class='pindent'>Now, because Bormann issued these and related orders, we -submit that he bears a large share of the responsibility for the -discriminatory treatment and the extermination of great numbers -of persons in German-occupied areas of the East.</p> - -<p class='pindent'>With the indulgence of the Tribunal, I put the substance of -what I have been privileged to present in a few words. We have -shown that Bormann, only 45 years old at the time of Germany’s -defeat, contributed his entire adult life to the furtherance of the -conspiracy. His crucial contribution to the conspiracy lay in his -direction of the vast powers of the Nazi Party in advancing the -multiple objectives of the conspiracy. First, as Chief of Staff to the -Defendant Hess and then, as leader, in his own name, of the Party -Chancellery, subject only to Hitler’s supreme authority, he applied -and directed the total power of the Party and its agencies to carry -into execution the plans of the conspirators. He used his great -powers to persecute the Christian Church and clergy and was an -unrepentant foe of the fundamentals of the Christianity with which -he warred.</p> - -<p class='pindent'>He actively authorized and participated in measures designed to -persecute the Jews, and his was a strong hand in pressing down -the crown of thorns of misery on the brow of the Jewish people, -both in Germany and in German-occupied Europe.</p> - -<p class='pindent'>As Chief of the Party Chancellery and secretary to the Führer, -Bormann authorized, directed, and participated in a wide variety -of War Crimes and Crimes against Humanity, including, without -limitation, the lynching of Allied airmen, the enslavement and inhuman -treatment of the inhabitants of German-occupied Europe, -the cruelty of impressed labor, the breaking up of homes contrary -<span class='pageno' title='334' id='Page_334'></span> -to the clear provisions of the Hague regulations, and the planned -persecution and extermination of the civil population of Eastern -Europe.</p> - -<p class='pindent'>May it please this Tribunal, every schoolboy knows that Hitler -was an evil man. The point we respectfully emphasize is that -without chieftains like Bormann, Hitler would never have been able -to seize and consolidate total power in Germany, but he would -have been left to walk the wilderness alone.</p> - -<p class='pindent'>He was, in truth, an evil archangel to the Lucifer of Hitler; and, -although he may remain a fugitive from the justice of this Tribunal, -with an empty chair in the dock, Bormann cannot escape -responsibility for his illegal conduct.</p> - -<p class='pindent'>And we close with what seems to us an extremely important -point. Bormann may not be here, but under the last sentence of -Article VI of the Charter every defendant in this dock shown in -our evidence to have been a leader, an organizer, an inciter, and -an accomplice of this conspiracy is responsible for the acts of all -persons in furtherance of the general scope of the conspiracy. And -resting squarely on this proposition we submit, even though Bormann -is not here, that every man in the dock shares responsibility -for his criminal acts. And with this we close. The name of Bormann -is not “written in water,” but will be remembered as long -as the Record of Your Honors’ Tribunal is preserved.</p> - -<p class='pindent'>I now have the privilege of introducing Lieutenant Henry Atherton, -who will present the case for the Prosecution against the -individual Defendant Seyss-Inquart.</p> - -<p class='pindent'>LIEUTENANT HENRY K. ATHERTON (Assistant Trial Counsel -for the United States): May it please the Tribunal, the Prosecution -has prepared a trial brief for the convenience of the Tribunal -showing the individual responsibility of the Defendant Seyss-Inquart. -Copies of this brief are now being handed to the Tribunal. -At the same time the document books which bear the letters “KK” -and which contain translations of the evidence referred to in the -brief, or to be introduced in evidence at this time, are also being -handed to the Tribunal. At the outset I wish to make clear my -intention to deal at this time only with the individual responsibility -of Seyss-Inquart for the crimes charged in Counts One and Two -of the Indictment. Evidence to show his guilt as charged under -Counts Three and Four of the Indictment, that is, evidence specifically -directed thereunto, is to be introduced later by the prosecutors -of the French Republic and the Soviet Union.</p> - -<p class='pindent'>Seyss-Inquart has agreed that he held the following positions -in State and Party, and I am referring now to Document 2910-PS, -which is Exhibit Number USA-17. He was State Councillor of -Austria from May 1937 to 12 February 1938. He was Minister of [the] -<span class='pageno' title='335' id='Page_335'></span> -Interior and Security of Austria from 16 February 1938 to 11 March -1938; Chancellor of Austria from 11 March to 15 March 1938; Reich -Governor of Austria from 15 March 1938 to 1 May 1939; Reich -Minister without Portfolio from 1 May 1939 until September of -that year; member of the Reich Cabinet from 1 May 1939 until -the end of the war; Chief of the Civil Administration of South -Poland from the early part of September 1939 until 12 October 1939; -Deputy Governor General of Poland under the Defendant Frank -from 12 October 1939 until May 1940; and, finally, Reich Commissioner -of the Occupied Territories of the Netherlands from -29 May 1940 until the end of the war. He has also agreed that he -became a member of the National Socialist Party on 13 March 1938 -and that he was appointed a general in the SS 2 days later.</p> - -<p class='pindent'>Now this list of positions which Seyss-Inquart has agreed that he -held, if the Tribunal please, shows the place which he held in the -Nazi Common Plan or Conspiracy. It shows his steady rise to -greater influence and power, and especially it emphasizes his particular -talent, his skill in effecting the enslavement of the smaller -nations surrounding Germany for the benefit of what he called -the Greater German Reich.</p> - -<p class='pindent'>Now the Defendant Seyss-Inquart first became a member of the -Nazi conspiracy in connection with the Nazi assault on Austria. -Mr. Alderman has shown how the Nazis implemented their diplomatic -and military preparations for this event by intensive political -preparations within Austria.</p> - -<p class='pindent'>The ultimate purpose of these preparations was to secure the -appointment of Nazis, or persons known to be sympathetic to them, -to key positions in the Austrian Government, particularly that of -Minister of the Interior and Security, which controlled the police, -thus permitting quick suppression of all opposition to the Nazis -when the time came.</p> - -<p class='pindent'>For this purpose Seyss-Inquart was a most effective tool, the -first of the so-called Quislings or traitors used by the Nazis to -further their aggressions and to fasten their hold on their victims. -Seyss-Inquart has admitted his membership in the Party only from -13 March 1938, but I want to show that he was closely affiliated -with them at a much earlier time. For this purpose I now offer -in evidence Document 3271-PS as Exhibit Number USA-700.</p> - -<p class='pindent'>Reading from Page 9 of the translation, he says in this letter, -which is a letter to Himmler, dated 19 August 1939:</p> - -<div class='blockquote'> - -<p class='noindent'>“As far as my membership in the Party is concerned, I state -that I was never asked to join the Party but had asked Dr. -Kier in December 1931 to clarify my relationship with the -Party, since I regarded the Party as the basis for the solution -of the Austrian problem . . . I paid my membership fees and, -<span class='pageno' title='336' id='Page_336'></span> -as I believe, directly to the Gau Vienna. These contributions -also took place after the period of suppression. Later on I -had direct contact with the Ortsgruppe in Dornbach. My wife -paid these fees, but the Blockwart”—and I believe that is -another word for Blockleiter—“was never in doubt, considering -that this amount, 40 shillings per month, was a share for -my wife and myself, and I was in every respect treated as a -Party member.”</p> - -</div> - -<p class='noindent'>Seyss-Inquart, in the last sentence of the paragraph says:</p> - -<div class='blockquote'> - -<p class='noindent'>“In every way, therefore, I felt as a Party member, considered -myself a Party member, thus, as stated, as far back -as December 1931.”</p> - -</div> - -<p class='pindent'>Now, if the Tribunal please, and before I leave this letter, I -want just to refer to one or two sentences which the Tribunal will -find in the third paragraph on Page 7 of the translation. Referring -to a meeting which he had had with Hitler, Seyss-Inquart says:</p> - -<div class='blockquote'> - -<p class='noindent'>“I left this discussion a very upright man with the unspeakably -happy feeling of being permitted to be a tool of the -Führer.”</p> - -</div> - -<p class='pindent'>The truth of the matter is that Seyss-Inquart was an active -supporter of the Nazis at all times after 1931. But after the Nazi -Party in Austria was declared illegal in July 1934, he avoided too -notorious a connection with the Nazi organization, in order to -safeguard what the Nazis called his good legal position. By this -device he was better able to use his connections with Catholics and -others in his work of infiltration for his Nazi superiors.</p> - -<p class='pindent'>The Tribunal will remember, as Document 2219-PS, Exhibit -Number USA-62, a letter from Seyss-Inquart to Göring of 14 July -1939, in which Seyss-Inquart makes this clear. It was in this letter -also that he said:</p> - -<div class='blockquote'> - -<p class='noindent'>“Yet, I know that I cling with unconquerable tenacity to the -goal in which I believe; that is Greater Germany and the -Führer.”</p> - -</div> - -<p class='pindent'>The evidence which Mr. Alderman introduced told in detail the -manner in which the Nazi conspirators carried out their assault on -Austria. I do not intend to attempt to review any part of this -evidence. I merely wish to refer the Tribunal to two documents -which are particularly important in showing the part played by -this defendant. I refer to the Rainer report to Gauleiter Bürckel, -dated 6 July 1939, which relates the part played by the Austrian -Nazi Party, the Defendant Seyss-Inquart and others between July -1934 and March 1938; and the astonishing record of telephone calls -between the Defendant Göring or his agents in Berlin and Seyss-Inquart -and others in Vienna on 11 March 1938. The Rainer report -is Document 812-PS, Exhibit Number USA-61, and was read into -<span class='pageno' title='337' id='Page_337'></span> -the Record beginning at Page 502 (Volume II, Page 370) of the English -version and continuing for a number of pages thereafter. The -transcript of the telephone calls is Document 2949-PS, Exhibit -Number USA-76, and was introduced first at Page 566 (Volume II, -Page 414) of the English Record.</p> - -<p class='pindent'>Now, in order to supplement this and further to show that part -played by Seyss-Inquart, I wish now to introduce in evidence the -voluntary statement which Seyss-Inquart signed with advice of his -counsel on 10 December 1945. This is Document 3425-PS, and I -offer it as Exhibit Number USA-701.</p> - -<p class='pindent'>In this statement Seyss-Inquart explains, from his point of view, -his part in bringing about the Anschluss. I want to read first just -a few sentences from the second paragraph on the first page. It -states, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“In 1918 I became interested in the Anschluss of Austria with -Germany. From that year on I worked, planned, and collaborated -with others of a like mind to bring about a union of -Austria with Germany. It was my desire to effect this union -of the two countries in an evolutionary manner, and by legal -means.”</p> - -</div> - -<p class='noindent'>Skipping just a sentence or two:</p> - -<div class='blockquote'> - -<p class='noindent'>“I supported also the National Socialist Party as long as it -was legal, because it declared itself with particular determination -in favor of the Anschluss. From 1932 onwards I made -financial contributions to this Party, but I discontinued -financial support when it was declared illegal in 1934.”</p> - -</div> - -<p class='noindent'>Then skipping down another couple of sentences:</p> - -<div class='blockquote'> - -<p class='noindent'>“From July 1936 onwards I endeavored to help the National -Socialists to regain their legal status and, finally, to participate -in the Austrian Government. During this time, particularly -after the Party was forbidden in July 1934, I knew that the -radical element of the Party was engaged in terroristic activities, -such as attacks on railroads, bridges, telephone communications, -et cetera. I knew that the governments of both -Chancellors, Dollfuss and Schuschnigg, although they held in -principle the same total German viewpoint were opposed to -the Anschluss then because of the National Socialist regime -in the Reich. I was sympathetic towards the efforts of the -Austrian Nazi Party to gain political power and corresponding -influence, because they were in favor of the Anschluss.”</p> - -</div> - -<p class='pindent'>Now, briefly summarizing, the Tribunal will note that the -defendant tells how his appointment as State Councillor, in May -1937, was the result of an agreement between Austria and Germany -in July 1936, and that was the agreement which Rainer agreed -Seyss-Inquart had helped to bring about; that his appointment as -<span class='pageno' title='338' id='Page_338'></span> -Minister of the Interior and Security was one of the results of the -agreement between Schuschnigg and Hitler at Berchtesgaden, 12 -February 1938. And he admits that after the appointment and the -agreement the Austrian National Socialists engaged in more and -more widespread demonstrations. He tells how immediately after -this appointment as Minister of the Interior and Security he went -directly to Berlin and talked with Himmler and Hitler; and then, -finally, he describes the events of that day, of the 11th of March -1938, when with the full support of German military power he -became Chancellor.</p> - -<p class='pindent'>I don’t want to quote at length from that description, because -the Tribunal knows already what happened. Reading from the -middle of Page 3, he says:</p> - -<div class='blockquote'> - -<p class='noindent'>“At 10 o’clock in the morning Glaise-Horstenau and I went to -the office of the Bundeskanzler and conferred for about 2 -hours with Dr. Schuschnigg. We frankly told him all that we -knew, particularly about the possibility of disturbances and -of preparations by the Reich.</p> -<hr class='tbk407'/> -<p class='noindent'>“The Chancellor said that he would give his decision by 1400 -hours. While I was with Glaise-Horstenau and Dr. Schuschnigg, -I was repeatedly called to the telephone to speak to Göring.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Has this been read already?</p> - -<p class='pindent'>LT. ATHERTON: No, Sir; this document has not been in before.</p> - -<p class='pindent'>THE PRESIDENT: Very well.</p> - -<div class='blockquote'> - -<p class='noindent'>LT. ATHERTON: “He informed . . . me that the agreement of -12 February had been cancelled and demanded Dr. Schuschnigg’s -resignation and my appointment as Chancellor.”</p> - -</div> - -<p class='pindent'>The Tribunal has heard the other side of that story, the actual -telephone conversations. And then, finally, the next two paragraphs, -he tells how Keppler repeatedly urged him to send a telegram -calling on Germany to send troops, and that at first he refused but -finally acquiesced, and I now read from the next to the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“As I am able to gather from the records available, I was -requested about 10 p. m. to give my sanction to another somewhat -altered telegram about which I informed President Miklas -and Dr. Schuschnigg. Finally President Miklas appointed me -Chancellor, and a little while later he approved my list of -proposed ministers.”</p> - -</div> - -<p class='pindent'>If the Tribunal will recall, the telegram in question called on -Hitler, on behalf of the Provisional Austrian Government, to send -German troops as soon as possible in order to support it in its task -and help it to prevent bloodshed. The text of the telegram, as -<span class='pageno' title='339' id='Page_339'></span> -printed in Volume 6 of the <span class='it'>Dokumente der Deutschen Politik</span>, appears -as Document 2463-PS of the document book. It is interesting to -note that the text of this telegram is substantially identical with -that dictated by Göring over the phone to Keppler on the evening -of the 11th of March, which appears on Page 575 (Volume II, Page -420) of the Record.</p> - -<p class='pindent'>Now, on the next morning, again referring to the statement of -the defendant, he admits that he telephoned Hitler. . .</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): Are you reading?</p> - -<p class='pindent'>LT. ATHERTON: No, Sir; I am summarizing.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): If you don’t read it it is not in -evidence.</p> - -<p class='pindent'>LT. ATHERTON: In that event I will read a little further. -I read now the last paragraph on Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the morning of the 12th of March I had a telephone -conversation with Hitler in which I suggested that, while -German troops were entering Austria, Austrian troops, as a -symbol, should march into the Reich. Hitler agreed to this -suggestion and we agreed to meet in Linz, Upper Austria, -later on that same day. I then flew to Linz with Himmler, -who had arrived in Vienna from Berlin. I greeted Hitler -on the balcony of the City Hall and said that Article 88 of -the Treaty of St. Germain was now inoperative.”</p> - -</div> - -<p class='pindent'>I have referred to the slavish manner in which, as the evidence -has shown, Seyss-Inquart carried out orders conveyed to him by -telephone from Göring on 11 March 1938 in his negotiations with -Chancellor Schuschnigg and President Miklas. This relationship -had in fact existed for some time. Early in January 1938, Seyss-Inquart, -although he then held an important position in the Austrian -Government, had already considered himself as holding a mandate -from the Nazi conspirators in Berlin in his negotiations with his -own Government. As evidence of the way in which this happened, -I offer Document 3473-PS as Exhibit Number USA-581. This is a -letter from Keppler to Göring, dated 6 January 1938, in which he -states, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“My dear Colonel General:</p> -<hr class='tbk408'/> -<p class='noindent'>“Councillor of State, Dr. Seyss-Inquart, has sent a courier to -me with the report that his negotiations with the Federal -Chancellor, Dr. Schuschnigg, have run aground, so that he -feels compelled to return the mandate entrusted to him. Dr. -Seyss-Inquart desires to have a discussion with me regarding -this before he acts accordingly.</p> -<hr class='tbk409'/> -<p class='noindent'>“May I ask your advice, whether at this moment such a -step, entailing automatically also the resignation of the -<span class='pageno' title='340' id='Page_340'></span> -Federal Minister Glaise von Horstenau, appears indicated or -whether I should put forth efforts to postpone such an -action.”</p> - -</div> - -<p class='pindent'>The letter is signed by Keppler. On top of the original is a -brief note apparently attached by the secretary of the Defendant -Göring and dated Karinhall, 6 January 1938, reading as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Keppler should be told by telephone:</p> -<hr class='tbk410'/> -<p class='noindent'>“1) He should do everything to avoid the resignation of -Councillor of State Dr. Seyss-Inquart and State Minister -Glaise von Horstenau. If some difficulties should arise, -Seyss-Inquart should come to him first of all.”</p> - -</div> - -<p class='pindent'>Now as a result of this directive, apparently telephoned to -Keppler, Keppler, on the 8th of January 1938, wrote a letter to -Seyss-Inquart. I now offer this letter, which is Document Number -3397-PS, in evidence as Exhibit Number USA-702. Keppler writes, -and the Tribunal will remember that Keppler was, at that time, -Secretary of State in charge of Austrian affairs of the German -Government:</p> - -<div class='blockquote'> - -<p class='noindent'>“Dear State Councillor:</p> -<hr class='tbk411'/> -<p class='noindent'>“The other day I had a visit from Mr. Pl. who gave us a -report of the state of affairs, and informed us that you are -seriously considering the question of whether or not you are -forced to hand back the mandate entrusted to you.</p> -<hr class='tbk412'/> -<p class='noindent'>“I informed General Göring of the situation in writing, and -G. just had me informed that I should try my utmost to -prevent you, or any one else, from taking this step. This -is also in the same vein as G.’s conversation with Dr. J. -before Christmas; at any rate, G. requests you to undertake -nothing of this nature under any circumstances before he -himself has the opportunity of speaking with you once more.</p> -<hr class='tbk413'/> -<p class='noindent'>“I can also inform you that G. is, furthermore, making an -effort to speak to Ll., in order that certain improper conditions -be eliminated by him.”</p> - -</div> - -<p class='pindent'>Then the letter is signed by Keppler.</p> - -<p class='pindent'>The two letters together, if the Tribunal please, show clearly -enough the extent to which this defendant was a tool, the extent -to which he was being used at that time by the conspirators in -their planning for their assault on Austria. Now, once German -troops were in Austria and Seyss-Inquart had become Chancellor, -he lost no time carrying out the plan of his Nazi fellow conspirators.</p> - -<p class='pindent'>I next offer in evidence Document 3254-PS, which is a memorandum -written by the Defendant Seyss-Inquart entitled, “The -Austrian Question.” It is Exhibit Number USA-704. I offer it only -<span class='pageno' title='341' id='Page_341'></span> -because of the description which he gives of the manner in which -he secured the passage of an Austrian act in annexing Austria to -Germany. He said that on March 13 German officials brought him -a proposal for inviting Austria into Germany. They reported -that. . .</p> - -<p class='pindent'>THE PRESIDENT: Are you quoting?</p> - -<p class='pindent'>LT. ATHERTON: I now quote from the middle of Page 20 of -the English text:</p> - -<div class='blockquote'> - -<p class='noindent'>“I called a meeting of the Council of Ministers, after having -been told by Dr. Wolf that the Bundespräsident would make -no difficulties in regard to that realization; he would return -to his home in the meantime and would await me there. On -my proposal the Council of Ministers assembled in the -meantime adopted the draft bill to which my law section had -made some formal modifications. The vote on the 20th of -April had been planned already in the first draft. According -to the provisions of the Constitution of 1 May 1934, any -fundamental modification of the Constitution could be -decided by the Council of Ministers with the approbation of -the Bundespräsident. A vote or a confirmation by the nation -was in no way provided for. In the event that the Bundespräsident -should, for any reason, either resign his functions -or be for some time unable to fulfill them, his prerogatives -were to go over to the Bundeskanzler. I went to the Bundespräsident -with Dr. Wolf. The President told me that he did -not know whether this development would be of benefit to -the Austrian nation but that he did not wish to interfere -and preferred to resign his functions, so that all constitutional -rights would come into my hands.”</p> - -</div> - -<p class='noindent'>And then, skipping two or three sentences to the top of Page 21:</p> - -<div class='blockquote'> - -<p class='noindent'>“Thereafter I returned to Linz by car, where I arrived about -midnight and reported to the Führer the accomplishment of -the Anschluss law.”</p> - -</div> - -<p class='pindent'>The same day Germany formally incorporated Austria into the -Reich by a decree and declared it to be a province of the German -Reich, in violation of Article 80 of the Treaty of Versailles. I ask -the Court to take judicial notice of Document Number 2307-PS, -which is the decree to this effect, published in 1938 <span class='it'>Reichsgesetzblatt</span>, -Part I, Page 237.</p> - -<p class='pindent'>If the Defendant Seyss-Inquart seems unduly modest as to the -part which he played in undermining the Government to which he -owed allegiance, his fellow conspirators were quick to recognize the -importance of his contributions. In a speech on the 26th of March -1938, the Defendant Göring said—and I am reading now from -<span class='pageno' title='342' id='Page_342'></span> -Document 3270-PS, Exhibit Number USA-703, which is an extract -from the <span class='it'>Dokumente der Deutschen Politik</span>, Volume 6, Page 183:</p> - -<div class='blockquote'> - -<p class='noindent'>“A complete unanimity between the Führer and the National -Socialist confidants inside of Austria existed. . . . If the -National Socialists’ rising succeeded so quickly and thoroughly -and without bloodshed, it is first of all due to the -calm, firm, prudent, and decisive attitude of the present -Reichsstatthalter Seyss-Inquart and his confidants.”</p> - -</div> - -<p class='pindent'>I want, before leaving the matter of the Anschluss, to stress -this once more, because this was a time of great importance, and -it was Seyss-Inquart who held the key position in this first open -attack on another country. Had it not been for his part, as has -been shown, things might have gone very differently, and if there -were no other place where he was connected with the conspirators’ -plans for aggression, this would be sufficient to rank him with the -foremost of the conspirators.</p> - -<p class='pindent'>Now, passing on, Mr. Alderman has shown the way in which -Seyss-Inquart co-operated with the conspirators in integrating -Austria as fully as possible into the Reich, making its resources -available to the Reich—its resources of wealth and its resources -of manpower.</p> - -<p class='pindent'>In furtherance of the conspirators’ plan, Reichsstatthalter Seyss-Inquart -for the first time demonstrated his talent for the persecution -of Jewish citizens. In an address in Vienna on the 26th of -March 1938, which will be found at Page 2326 (Volume IV, Page 552) -of the Record, he recalls that Göring expressly commissioned this -defendant, as Reichsstatthalter, to institute anti-Semitic measures.</p> - -<p class='pindent'>And the Tribunal will remember from previous evidence the -kind of wholesale larceny which this involved. So successfully did -Seyss-Inquart perform his task that at the meeting of the Air -Ministry under the chairmanship of the Defendant Göring on the -12th of November 1938, Fischböck, a member of Seyss-Inquart’s -official family, was able to relate the efficiency with which the -civil administration in Austria dealt with the so-called “Jewish -question.” I refer to Document Number 1816-PS, Exhibit Number -USA-261, and I am reading first from Page 14 of the English -translation. The Tribunal will note that this is the third full -paragraph from the bottom of Page 14:</p> - -<div class='blockquote'> - -<p class='noindent'>“Your Excellency: In this matter we have already a very -complete plan for Austria. There are 12,000 Jewish artisans -and 5,000 Jewish retail shops in Vienna. Before the seizure -of power we had already a definite plan for tradesmen, -regarding this total of 17,000 stores. Of the shops of the -12,000 artisans about 10,000 were to be closed definitely and -2,000 were to be kept open; 4,000 of the 5,000 retail stores -<span class='pageno' title='343' id='Page_343'></span> -should be closed and 1,000 should be kept open, that is, -Aryanized. According to this plan, between 3,000 and 3,500 -of the total of 17,000 stores would be kept open, all others -closed. This was decided following investigations in every -single branch and according to local needs, in agreement with -all competent authorities, and is ready for publication as -soon as we receive the law which we requested in September. -This law shall empower us to withdraw licenses from artisans -quite independent of the Jewish question.”</p> - -</div> - -<p class='pindent'>Göring said:</p> - -<div class='blockquote'> - -<p class='noindent'>“I shall have this decree issued today.”</p> - -</div> - -<p class='pindent'>Then, if the Tribunal please, I just wish to read one more -sentence from the middle of the next page, in which Fischböck says:</p> - -<div class='blockquote'> - -<p class='noindent'>“Out of 17,000 stores 12,000 or 14,000 would be closed and -the remainder Aryanized or handed over to the Bureau of -Trustees which is operated by the State.”</p> - -</div> - -<p class='pindent'>And Göring replies:</p> - -<div class='blockquote'> - -<p class='noindent'>“I have to say that this proposal is grand. This way the -whole affair would be wound up in Vienna, one of the -Jewish capitals, so to speak, by Christmas or by the end of -the year.”</p> - -</div> - -<p class='pindent'>The Defendant Funk then says:</p> - -<div class='blockquote'> - -<p class='noindent'>“We can do the same thing over here.”</p> - -</div> - -<p class='pindent'>In other words, Seyss-Inquart’s so-called solution was so highly -regarded that it was considered a model for the rest of the Reich.</p> - -<p class='pindent'>The task of integrating Austria into the Reich being substantially -complete, the Nazi conspirators were able to use Seyss-Inquart’s -expert services for the subjugation of other peoples. As an illustration -I refer the Tribunal to Document D-571, Exhibit Number -USA-112, which has already been read in evidence. The Tribunal -will recall that from this document it appeared that on the 21st -of March 1939 an official of the British Government reported from -Prague to Viscount Halifax that a little earlier, on the 11th of -March 1939, Seyss-Inquart, Bürckel, and five German generals -attended a meeting of the Cabinet of the Slovak Government and -told them that they should proclaim the independence of Slovakia, -that Hitler had decided to settle the question of Czechoslovakia -definitely (this has been read in court today) and that, unless they -did as they were told, Hitler would disinterest himself in their fate. -It just gives an indication of the manner in which this man continued -to be busy in the aggressive plans of these Nazi conspirators.</p> - -<p class='pindent'>Now early in September 1939, after the opening of the attack -against Poland, Seyss-Inquart became Chief of the Civil Administration -of south Poland. A few weeks later, on 12 October 1939, -<span class='pageno' title='344' id='Page_344'></span> -Hitler promulgated a decree providing that territories occupied by -German troops, except those incorporated within the German -Reich, should be subject to the authority of the Governor General -of the occupied Polish territories and he appointed the Defendant -Frank as Governor General and the Defendant Seyss-Inquart as -Deputy Governor General. This decree will be found in the 1939 -<span class='it'>Reichsgesetzblatt</span>, Part I, Page 2077, and I ask the Tribunal to take -judicial notice of it. Shortly thereafter, on 26 October 1939, Frank -promulgated a decree establishing the administration of the -occupied Polish territories, of which he was Governor. This decree -is published in the <span class='it'>Dokumente der Deutschen Politik</span> and appears -in the document book as 3468-PS. I am informed that this book, -Volume 7, has also received the Exhibit Number 705 and I offer -it as such.</p> - -<p class='pindent'>Article 3 of the decree provided that the Chief of the Office of -the Governor General and the Higher SS and Police Leader are -directly subordinate to the Governor General and his Deputy. The -Deputy, of course, was the Defendant Seyss-Inquart.</p> - -<p class='pindent'>The significance of that provision is obvious in the light of the -evidence which the Tribunal has heard and will hear. I ask the -Tribunal to take judicial notice of it.</p> - -<p class='pindent'>As Deputy Governor General of the Polish occupied territories, -Seyss-Inquart seems to have had the job of setting up a German -administration throughout this territory; that is, he worked under -the Defendant Frank but did much of the work of interviewing -the various local leaders, telling them what they should do. As -an illustration I offer in evidence a report of a trip which Seyss-Inquart -and his consultants took between the 17th and 22d of -February 1939. This is our Document Number 2278-PS, and I offer -it as Exhibit Number USA-706. If the Tribunal please, I have -misstated that date or period. It was the 17th to the 22d of -November 1939, in other words, shortly after the administration -was set up. On the first page of the English translation—and I -now quote from the second full paragraph—the following appears:</p> - -<div class='blockquote'> - -<p class='noindent'>“At 3:00 p. m. Reich Minister, Dr. Seyss-Inquart, addressed -the department heads of the district chief and stated among -other things that the chief guiding rule for carrying out -German administration in the Government General must be -solely the interests of the German Reich. A stern and -inflexible administration must make the area of use to German -economy; and, so that excessive clemency may be -guarded against, the results of the intrusion of the Polish -race into German territory must be brought to mind.”</p> - -</div> - -<p class='pindent'>This report is too long, if the Tribunal please, to quote from -at too great length; but if the Tribunal will turn over to Page 7, -<span class='pageno' title='345' id='Page_345'></span> -I would like to read in some extracts of what occurred while the -defendant was in Lublin. From the report it appears that the -Defendant Seyss-Inquart after meeting the various local German -administrative officers “then expounded the principles,” and I am -now quoting from the top of Page 7, “in accordance with which -the administration in the ‘Government’ must be conducted.” Then, -skipping a sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The resources and inhabitants of this country would have -to be made of service to the Reich, and only within these -limits could they prosper. Independent political thought -should no longer be allowed to develop. The Vistula area -might perhaps be still more important to German destiny -than the Rhine. The Minister then gave as a guiding theme -to the district leaders: ‘We will further everything which -is of service to the Reich and will put an end to everything -which may harm the Reich.’ Dr. Seyss-Inquart then added -that the Governor General wished that those men who were -fulfilling a task for the Reich here should receive a post with -material benefits in keeping with their responsibility and -achievements.”</p> - -</div> - -<p class='pindent'>Then, if the Tribunal will turn over two more pages, the -reporter is describing a sightseeing tour which was made to the -village of Wlodawa, Cycow, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Cycow is a German village. . .”—skipping down a couple of -sentences—“Reich Minister Dr. Seyss-Inquart made a speech -in which he pointed out that the fidelity of these Germans -to their nationality now found its justification and reward -through the strength of Adolf Hitler.”</p> - -</div> - -<p class='pindent'>And then the next sentence, apparently thrown in by the -reporter:</p> - -<div class='blockquote'> - -<p class='noindent'>“This district with its very marshy character could, according -to District Chief Schmidt’s deliberations, serve as a reservation -for the Jews, a measure which might possibly lead -to heavy mortality among the Jews.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: We might break off here for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>LT. ATHERTON: If the Tribunal please, at the time the Tribunal -rose, I was in the process of considering the functions of the -Defendant Seyss-Inquart, his place as Deputy Governor General -of Poland, between 1939 and 1940.</p> - -<p class='pindent'>Now the Tribunal has already heard evidence of the atrocities -which were perpetrated by the administration which Seyss-Inquart -thus helped to create. The prosecutors for the Soviet Union will -<span class='pageno' title='346' id='Page_346'></span> -present to the Tribunal more evidence of such atrocities. For our -present purposes, to show the importance of the work which this -man did to further the Nazi plan for the Government General of -Poland, it is enough to quote a few words from the diary of the -Defendant Frank.</p> - -<p class='pindent'>On the occasion of what was apparently a farewell lunch to -Seyss-Inquart, when he became Reich Commissioner of the Netherlands, -Frank said—and I now quote from Document 3465-PS, -Pages 510 and 511 of Volume 2, the 1940 volume of the diary, -which is Exhibit Number USA-614:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am extremely glad, Mr. Reich Commissioner and Reich -Minister, to assure you, in this hour of your departure, that -the months of our collaboration with you belong to the most -precious memories of my life and that your work in the -Government General will be remembered forever in the -building of the coming world empire of the German nation.”</p> - -</div> - -<p class='pindent'>Skipping down a little, if the Tribunal please, Frank went on -to say:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the construction of the Government General your name -will forever take a place of honor as an originator of this -organization and this state system. . . . I express our thanks, -Mr. Reich Minister, for your collaboration and for your -creative energy.”</p> - -</div> - -<p class='pindent'>Then reading the last two or three sentences:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the hard times common work united us here in the -East, but it is at the same time the beginning point for a -gigantic power development of the German Reich. Its -perfection will show the development of the greatest energy -unit which there ever was in the history of the world. In -this work you were placed by the Führer, very effectively, -in the most important position.”</p> - -</div> - -<p class='pindent'>And to these remarks the Defendant Seyss-Inquart replied and -I now quote from the second page of the translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“I learned here a lot, many things which I did not understand -before at all, and mainly on account of the initiative and -firm leadership as I saw them in my friend Dr. Frank.”</p> - -</div> - -<p class='noindent'>Then, skipping a sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“I will now go to the West, and I want to be quite open -with you. With my whole heart I am present, because my -whole attitude is one directed toward the East. In the East -we have a National Socialist mission; over there, in the West, -we have a function; that may be the difference.”</p> - -</div> - -<p class='pindent'>I submit, if the Tribunal please, that the sentences which I -have just read show clearly enough the conscious participation of -the Defendant Seyss-Inquart in the Polish phase of the conspiracy. -<span class='pageno' title='347' id='Page_347'></span></p> - -<p class='pindent'>Thus equipped with experience gained in Poland under the -Defendant Frank, Seyss-Inquart was ready to undertake his last -and most ambitious task, the enslavement of the Netherlands. The -ruthless manner in which he performed it marks his position in the -Nazi Common Plan or Conspiracy.</p> - -<p class='pindent'>I ask the Tribunal first to take judicial notice of a decree of -Hitler of 18 May 1940, which is found in 1940 <span class='it'>Reichsgesetzblatt</span>, -Part I, Page 778. The translation will be found in the book as -Document 1376-PS. By Section 1 of this decree it is provided that:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Reich Commissioner is protector of the interests of the -Reich and will represent the supreme power of the Government -within the civil sphere. He will be directly subordinated -to me and will receive directives and orders from me.”</p> - -</div> - -<p class='pindent'>Section 3 provides that:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Reich Commissioner may use German Police forces to -carry out his orders. The German Police forces are at the -disposal of the German military commander in the Netherlands -insofar as military necessities require this and if the -missions of the Reich Commissioner permit it.”</p> - -</div> - -<p class='pindent'>Then by Paragraph or Section 5 of the law it is provided that -the Reich Commissioner may promulgate laws by decree, such orders -to be published in the <span class='it'>Verordnungsblatt</span> for the occupied territory -of the Netherlands, a publication which I shall hereafter refer to -merely as the <span class='it'>Verordnungsblatt</span>.</p> - -<p class='pindent'>On the 29th of May 1940, acting within these powers, the -defendant promulgated an order covering the exercise of governmental -authority in the Netherlands and this appears as Document -3588-PS in the document book. I ask the Tribunal to take judicial -notice of its contents.</p> - -<p class='pindent'>That will contain two decrees. I am now referring to the -first one.</p> - -<p class='pindent'>By Section 1 of this decree the defendant modestly purports to -assume, to the extent required for the fulfillment of his duties, “all -powers, privileges, and rights heretofore vested in the King and -the Government, in accordance with the constitution and the laws -of the Netherlands.” That is a direct quotation.</p> - -<p class='pindent'>And then Section 5 of the order entrusts the maintenance of -public peace, safety, and order to the Netherlands Police force -unless the Reich Commissioner calls on German SS or Police forces -for the enforcement of his orders. It further provides that the -investigation and combatting of all activities hostile to the Reich -and Germanism shall be the concern of the German Police force.</p> - -<p class='pindent'>On June 3, 1940, a further decree was promulgated concerning -the organization and establishment of the Office of the Reich Commissioner. -This decree is found in the <span class='it'>Verordnungsblatt</span> for 1940, -<span class='pageno' title='348' id='Page_348'></span> -Issue 1, at Page 11, and is the second decree under Document -3588-PS. This decree provided for general commissioners on the -staff of the Reich Commissioner to head four enumerated sections, -one of which, the Superior SS and Police Chief, was to head the -section for public safety. It was provided by Section 5 of this -decree that:</p> - -<div class='blockquote'> - -<p class='noindent'>“This official should command the units of the military SS -and German Police forces transferred to the occupied Netherlands -territories, supervise the Netherlands central and -municipal police forces and issue to them necessary orders.”</p> - -</div> - -<p class='pindent'>Section 11 provided that the Reich Commissioner alone. . .</p> - -<p class='pindent'>THE PRESIDENT: Lieutenant Atherton, don’t you think that -we can assume that the Defendant Seyss-Inquart, who had been -appointed to administer the occupied territory of the Netherlands, -had all these powers and that you can turn your attention to what -he did under those powers?</p> - -<p class='pindent'>LT. ATHERTON: Yes, Sir; I will do that but I wanted to make -plain to the Tribunal, because of the peculiar set-up of this German -Police force, the fact that he was granted the power to give orders -to them, and not only that, but that he customarily did. If that -point is made clear, as I believe it is, in these two decrees, I will -pass on to the next matter.</p> - -<p class='pindent'>THE PRESIDENT: I think the Tribunal has no doubt that an -officer under the Reich who had got the powers of the administrator -of an occupied territory could make use of the police forces.</p> - -<p class='pindent'>LT. ATHERTON: Yes, Sir.</p> - -<p class='pindent'>THE PRESIDENT: It is really a matter that we should be -prepared to assume until it is proved to the contrary.</p> - -<p class='pindent'>LT. ATHERTON: I agree, Sir.</p> - -<p class='pindent'>THE PRESIDENT: We would wish you to turn attention to -show what he did, under those powers, which constitute crimes.</p> - -<p class='pindent'>LT. ATHERTON: Yes, Sir. It is not our intention at this time -to go into the crimes against persons and property which the -Defendant Seyss-Inquart is responsible for in the Netherlands in -any detail, because evidence of Nazi barbarity in this country is -to be presented by our associates, the prosecutors for the French -Republic. It is only our purpose to show a few illustrations and -to give some idea of the scope of this defendant’s activities and his -responsibilities as evidence of his part in the execution of the Nazis’ -Common Plan or Conspiracy, which it is our part to prove.</p> - -<p class='pindent'>Now, in the first place, there will be much evidence to show -that the defendant was responsible for widespread spoliation of -property. Merely as an illustration of the way in which he was -<span class='pageno' title='349' id='Page_349'></span> -implicated in the smallest parts of this, I offer in evidence Document -176-PS, as Exhibit Number USA-707.</p> - -<p class='pindent'>This document is a report on the activities of the “Task Force -Netherlands,” a part of the Einsatzstab Rosenberg, on which the -Tribunal has already heard evidence. Quoting from the first page -of this report, the first sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Task Force Netherlands of the Einsatzstab Reichsleiter -Rosenberg began its work in agreement with the competent -representative of the Reich Commissioner during the first -days of September 1940.”</p> - -</div> - -<p class='pindent'>The report then proceeds to detail the property taken from -Masonic lodges and similar institutions to a considerable extent. -Reading from—I believe it is Page 3 of this report, the very -bottom:</p> - -<div class='blockquote'> - -<p class='noindent'>“An extremely precious library, containing invaluable works -on Sanskrit, was confiscated, when the ‘Theosophic Society’ -in Amsterdam was dissolved, and packed into 96 cases.</p> -<hr class='tbk414'/> -<p class='noindent'>“A number of smaller libraries belonging to the Spiritists, -the Esperanto movement, the Bellamy movement, the International -Bible Students, and various other minor international -organizations were packed into seven cases; texts belonging -to various minor Jewish organizations were packed into four -cases; and a library of the ‘Anthroposophic Society’ in -Amsterdam into three.</p> -<hr class='tbk415'/> -<p class='noindent'>“It is safe to say that the stocks of books confiscated, packed, -and so far sent to Germany by the task force are of extraordinary -scientific value and will contribute an integral part -of the library of the ‘Hohe Schule.’</p> -<hr class='tbk416'/> -<p class='noindent'>“The money value of these libraries . . . can only be estimated -but must surely amount to from 30 million to 40 million -Reichsmark.”</p> - -</div> - -<p class='pindent'>Then, quoting from the very end of the report:</p> - -<div class='blockquote'> - -<p class='noindent'>“The task force, in executing the aforementioned tasks, is -bound strictly to the pace set by the Reich Commissioner for -the handling of the Jewish questions and those of the international -organizations.”</p> - -</div> - -<p class='pindent'>As Reich Commissioner it was one of the functions of the -Defendant Seyss-Inquart to supervise the execution of the conspirators’ -program for deportation of Dutch citizens to Germany -for slave-labor. The Tribunal will recall that Mr. Dodd read into -evidence at Page 1372 (Volume III, Page 477) a portion of a -transcript of an interrogation of the Defendant Sauckel, on -5 October 1945, in which it appeared that the quotas for the -workers for Holland were agreed upon and then the numbers -<span class='pageno' title='350' id='Page_350'></span> -given to the Reich Commissioner Seyss-Inquart to fulfill; and after -the quota was given to Seyss-Inquart, it was his mission to fulfill -it with the aid of Sauckel’s representative. And then the Tribunal -will recall that at Page 1310 (Volume III, Page 433) of the Record -Mr. Dodd, having shown the Defendant Seyss-Inquart’s part in -recruitment for slave-labor in this fashion and his responsibility -for it, read into the Record, Page 1310 (Volume III, Page 433), some -portions from Document 1726-PS, Exhibit Number USA-195, which -showed the numbers of Netherlands citizens deported to the Reich -at various times. Since that is all a matter of record, I will not -go into it again.</p> - -<p class='pindent'>In the Netherlands, as in Austria and elsewhere, Seyss-Inquart -was relentless in his treatment of Jewish Netherlanders. To -illustrate his attitude, I offer in evidence Document 3430-PS, which -consists of extracts from the defendant’s book <span class='it'>Four Years in the -Netherlands</span> (Collected Speeches). It becomes Exhibit Number -USA-708. In a speech in Amsterdam on 13 March 1941—and I am -now quoting from Page 57 of the original book, the last extract on -the translation, Seyss-Inquart said:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Jews, for us, are not Dutch. They are those enemies -with whom we can come to neither an armistice nor to -peace. This applies here, if you wish, for the duration of the -occupation. Do not expect an order from me which stipulates -this, except regulations concerning police matters. We will -beat the Jews wherever we meet them, and those who join -them must bear the consequences. The Führer declared that -the Jews have played their final act in Europe, and therefore -they have played their final act.”</p> - -</div> - -<p class='pindent'>Now, as promised, the Defendant Seyss-Inquart proceeded to -promulgate the long series of decrees which first threatened to -deprive the Jewish people in the Netherlands of their property, -of their rights, and degraded them to something lower than the -lowest, which eventually resulted in their deportation to Poland. -These decrees, all signed by Seyss-Inquart, are collected in our -brief, Page 65. I ask the Court to take judicial notice of them. By -way of illustration, the first to which I wish to refer appears in the -document book as 3333-PS, and it is a decree of 26 October 1940, -requiring the registration of businesses belonging to Jews as -defined in the decree, including partnerships or corporations in -which Jews owned a substantial interest. You have seen that this -type of law was the inevitable prelude to mass confiscation of the -property of Jews under the Nazi administration. In a law found -in <span class='it'>Verordnungsblatt</span>, Volume Number 6, Page 99, 11 February 1941, -Document 3325-PS, Dutch universities and colleges were limited in -the registration of Jewish students. This of itself does not seem -<span class='pageno' title='351' id='Page_351'></span> -important, but it is a part of the program to take away from these -people their rights and degrade them. Document Number 3328-PS -is a decree published in <span class='it'>Verordnungsblatt</span> Number 44 at Page 841, -of 22 October 1941. This prevented the Jews from exercising any -profession or trade without authorization from administrative -authorities and permitted such authorities to order the termination -of any employment contract concerning Jews.</p> - -<p class='pindent'>As a final illustration I refer in passing to Document 3336-PS, -a decree published in the <span class='it'>Verordnungsblatt</span>, Issue 13, Page 289, -and dated 21 May 1942. This decree required all Jews to make -written declaration of claims of any kind, under which they might -be beneficiaries, at a banking firm known as Lippmann-Rosenthal -and Company, which was actually an agency of the Reich at -Amsterdam. The decree gave the bank, this named bank, all -rights to dispose of the claim and provided that payment to the -bank should be released in full. This type of Nazi decree was, of -course, a forerunner of ultimate deportation to the East and -allowed the Nazis to snatch the insurance.</p> - -<p class='pindent'>Evidence of the success of this defendant’s efforts to annihilate -all Jews in the Netherlands has already been read into the Record. -The court will find that Major Walsh—again reading from the report -of the Netherlands Government, Exhibit Number USA-195, at Page -1497 (Volume III, Page 565)—showed that out of 140,000 Jewish -Netherlanders, 117,000 were deported, over 115,000 of them to -Poland, over 80 percent. The evidence has shown what was the -probable fate of most of these people, and I shan’t dwell on it -further.</p> - -<p class='pindent'>Finally, I want to say a few words about the responsibility -of this defendant for the systematic terror practiced against the -inhabitants of the occupied territory by the Nazis throughout the -occupation. Referring again to the collected speeches in Document -3430-PS, on 29 January 1943, the defendant left little doubt of his -point of view. He said, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is also clear, now more than ever, that every resistance -which is directed against this fight for existence must be -suppressed. Some time ago the representatives of the churches -had written to the Wehrmacht commander and to me, and -they presented their ideas in regard to the execution of -death sentences which the Wehrmacht commander announced -in the meantime. To this I can say only the following: At -the moment in which our men, fathers, and sons with iron -determination look towards their fate in the East and unflinchingly -and steadfastly perform their highest pledge, it is -unbearable to tolerate conspiracies whose goal is to weaken -the rear of this eastern front. Whoever dares this must be -<span class='pageno' title='352' id='Page_352'></span> -annihilated. We must be severe and become even more severe -against our opponents. This is the command of a relentless -sequence of events and for us, perhaps, inhumanly hard but -our holy duty. We remain human because we do not torture -our opponents. We must remain hard in annihilating them.”</p> - -</div> - -<p class='pindent'>I do not offer any evidence of the commission of these crimes, -because that is to be done by prosecutors of the French Republic. -But the position of the Defendant Seyss-Inquart as Reich Commissioner, -the control which he exercised, which has been shown, -particularly over the SS and Police, and the attitude of the man -himself will make clear his authorization and participation in the -crimes to be proved and are a further indication of his part in -the common plan.</p> - -<p class='pindent'>Seyss-Inquart supported the Nazi Party as early as 1931. He -was a traitor to the government to which he owed allegiance -and in which he held high office. With full knowledge of the -ultimate purposes of the conspirators he bent every effort to integrate -Austria into the Reich and to make its resources and -manpower, as well as its strategic position, available for the -Nazi war machine. He performed these tasks with such ruthless -efficiency that he was chosen thereafter for key positions in the -enslavement of Poland and the Netherlands—the positions which -he filled with such satisfaction to his superiors, that ultimately he -came to be one of the foremost and most detested leaders in this -common plan. As such, under Article 6 of the Charter, he is responsible -for all acts performed by any persons in the execution of -that plan. As such, he is guilty of the crimes charged to him under -Counts One and Two of the Indictment.</p> - -<p class='pindent'>I wish to introduce to the Tribunal at this time Dr. Robert -M. W. Kempner, who will represent the Prosecution in the next -phase of the case dealing with the Defendant Frick.</p> - -<p class='pindent'>DR. ROBERT M. W. KEMPNER (Assistant Trial Counsel for -the United States): May it please the Tribunal: There have been -distributed to the Tribunal and to all Defense Counsel, trial brief -and documents relating to the Defendant Frick. The trial brief -prepared by my colleague, Karl Lachmann, sets forth, in great -detail, evidence, in the form of both documents and decrees, against -the Defendant Wilhelm Frick. English translations of the evidentiary -material referred to in the trial brief are included in the -document book prepared by my colleague Lieutenant Felton. This -book has been marked “LL.”</p> - -<p class='pindent'>Defendant Frick’s great contribution to the Nazi conspiracy -was in the field of governmental administration. He was the administrative -brain who devised the machinery of state for Nazism, -who geared that machinery for aggressive war. -<span class='pageno' title='353' id='Page_353'></span></p> - -<p class='pindent'>In the course of his active participation in the Nazi conspiracy, -from 1923 to 1945, the Defendant Frick occupied a number of -important positions. Document 2978-PS, which has previously been -introduced as Exhibit Number USA-8, lists the positions in detail. -The original was signed by the Defendant Frick on 14 November -1945. I do not repeat these positions; they are known to the Court. -Frick’s past activity on behalf of the Nazi conspirators was his -participation in promoting their rise to power. Frick betrayed, in -his capacity as law enforcement official of the Bavarian Government, -his own Bavarian Government by participating in the Munich -Beer Hall Putsch of November 8, 1923. Frick was tried and -sentenced together with Hitler on a charge of complicity in treason. -His position in the Putsch is described in a record of the proceeding -called <span class='it'>The Hitler Trial before the People’s Court in Munich</span>, -published in Munich in 1924.</p> - -<p class='pindent'>I will ask this Tribunal to take judicial notice of this record -of these proceedings. Hitler’s appreciation of Frick’s assistance is -evidenced by the fact that he honored Frick by mentioning his -name in <span class='it'>Mein Kampf</span>. Only two other Defendants in this proceeding -share this honor, namely, Hess and Streicher. I ask the Tribunal -to take judicial notice of the favorable mentioning of Defendant -Frick in <span class='it'>Mein Kampf</span>, German edition, 1933, Page 403.</p> - -<p class='pindent'>During the period after the Putsch, Frick made further contributions -to the Nazi conspiracy. I should like to refer briefly -to Document 2513-PS, an excerpt of Pages 36 and 38 from a report -entitled, “The National Socialist Workers Party as an Association -Hostile to the State and to the Republican Form of Government -and Guilty of Treasonable Activity.” This report has been previously -introduced as Document 2513-PS, Exhibit Number USA-235. -It is an official report of the criminal activities of Hitler, Frick, -and other Nazis prepared by the Prussian Ministry of the Interior -in 1930. It states that Frick, next to Hitler, can be regarded as -the most influential representative of the Nazi Party at that time. -This document reported that at the 1927 Party Congress in Nuremberg -Frick said that the Reichstag would first be misused by the -Nazi Party, would then be abolished, and that its abolition would -open the way for racial dictatorship. The document also reported -that Frick stated in a speech in 1929 at Pyritz that this fateful -struggle will first be taken up with the ballot, but this cannot -continue indefinitely, for history has taught us that in battle blood -must be shed and iron broken.</p> - -<p class='pindent'>Back in 1927 Frick’s prominent role in helping to bring the -Nazis to power was recognized when, on 23 January 1930, he was -appointed Minister of the Interior and Education in the State of -Thuringia. -<span class='pageno' title='354' id='Page_354'></span></p> - -<p class='pindent'>THE PRESIDENT: Are you passing from that document now? -I thought you were reading from 2513.</p> - -<p class='pindent'>DR. KEMPNER: No, this is an introduction of the next document.</p> - -<p class='pindent'>THE PRESIDENT: I see, Dr. Kempner.</p> - -<p class='pindent'>DR. KEMPNER: I just started to refer to the fact that Adolf -Hitler at this time, when Frick was Minister of the Interior in the -State of Thuringia, was an undesirable alien, not a German citizen. -In his capacity as Minister of Thuringia the Defendant Frick began -his manipulations to provide Adolf Hitler, the undesirable alien, -with German citizenship, an essential step toward the realization of -the Nazi conspiracy.</p> - -<p class='pindent'>This lack of German citizenship was highly detrimental to the -cause of the Nazi Party because, as an alien, Hitler could not -become candidate for the Reich Presidency in Germany.</p> - -<p class='pindent'>It was the Defendant Frick who solved this problem by an -administrative maneuver. We now introduce in evidence Document -3564-PS, Exhibit Number USA-709. This document is an -affidavit by Otto Meissner of 27 December 1945. Meissner was -former state secretary and chief of Hitler’s Presidential Chancellery. -The last two sentences of this affidavit read as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Frick also, in collaboration with Klagges, Minister of -Brunswick, succeeded in naturalizing Hitler as a German -citizen in 1932 by having him appointed a Brunswick government -official Regierungsrat. This was done in order to -make it possible for Hitler to run as a candidate for the -office of President in the Reich.”</p> - -</div> - -<p class='pindent'>When Hitler came to power on 30 January 1933, Frick was duly -awarded a prominent post in the new regime as Reich Minister of -the Interior. In this capacity he became responsible for the establishment -of totalitarian control over Germany, an indispensable -prerequisite for the preparation of aggressive warfare. Frick assumed -responsibility for the realization of a large part of the Nazi Conspirators’ -program both through administration and legislation.</p> - -<p class='pindent'>I must explain very briefly the significance of the Ministry of -the Interior in the Nazi State to show the contribution made by -Frick to the conspiracy. I offer, as evidence of Frick’s extensive -jurisdiction as Minister of the Interior, Document 3475-PS, Exhibit -Number USA-710, which is part of the official German manual for -administrative officials, dated 1943. I ask the Tribunal to take -judicial notice of Frick’s jurisdiction mentioned in this document. -The names of the men who, according to this document, worked -under Frick’s supervision, and I stress this point “worked under -Frick’s supervision,” are symbolic. They are listed on Page 1 of -the English translation. Here we find among the subordinates of -<span class='pageno' title='355' id='Page_355'></span> -Frick: Reich Health Leader, Dr. Conti; Reichsführer SS and Chief -of the German Police, Heinrich Himmler; and Reich Labor Service -leader, Hierl. This document shows Frick as supreme commander -of three important pillars of the Nazi State: the Nazi health service, -the Nazi police system, and the Nazi labor service.</p> - -<p class='pindent'>The wide variety of Frick’s activities as Reich Minister of the -Interior can be judged from the following catalogue of his functions, -enumerated on the following pages of the manual. He had final -authority over constitutional questions, drafted legislation, had -jurisdiction over governmental administration and civil defense, -and was final arbiter in all questions concerning race and citizenship. -The manual also lists sections of the Ministry concerned -with administrative problems for the occupied territories and -annexed territories, the “New Order” in the Southeast, the Protectorate -of Bohemia and Moravia, and the “New Order” in the -East. He also had full jurisdiction in the field of civil service, -including such matters as appointment, tenure, promotion, and -dismissal.</p> - -<p class='pindent'>The Defendant Frick used his wide powers as Reich Minister -of the Interior to advance the cause of the Nazi conspiracy. To -accomplish this purpose, he drafted and signed the laws and -decrees which abolished the autonomous state governments, the -autonomous local governments, and the political parties in Germany -other than the Nazi Party.</p> - -<p class='pindent'>In 1933 and 1934, the first 2 years of the Nazi regime, Frick -signed about 235 laws or decrees, all of which are published in -the <span class='it'>Reichsgesetzblatt</span>. I should like to refer briefly to a few of -the more important laws and decrees, such as the law of 14 July -1933 outlawing all political parties other than the Nazi Party, -<span class='it'>Reichsgesetzblatt</span>, 1933, Part I, Page 479, Document 1388(a)-PS; -then the law of 1 December 1933 securing the unity of Party and -State, <span class='it'>Reichsgesetzblatt</span>, 1933, Part I, Page 1016, Document 1395-PS; -the law of 30 January 1934 transferring the sovereignty of the -German states to the Reich, <span class='it'>Reichsgesetzblatt</span>, 1934, Part I, Page 75, -Document 3068-PS; the German Municipality Act of 30 January -1935, which gave Frick’s Ministry of the Interior final authority -to appoint and dismiss all mayors of municipalities throughout Germany, -<span class='it'>Reichsgesetzblatt</span>, 1935, Part I, Page 49, Document 2008-PS; -and, finally, the Nazi Civil Service Act of 7 April 1933 which -provided that all civil servants must be trustworthy as defined by -Nazi standards and also must meet the Nazi racial requirements, -published in <span class='it'>Reichsgesetzblatt</span>, 1933, Part I, Page 175, Document -1397-PS.</p> - -<p class='pindent'>One category of Frick’s activities, however, deserves special -notice; that is, the crushing of opposition by legally camouflaged -<span class='pageno' title='356' id='Page_356'></span> -police terror. This is shown by the book <span class='it'>Dr. Wilhelm Frick and -His Ministry</span>, our Document 3119-PS, which is in evidence as Exhibit -Number USA-711, written by Frick’s undersecretary and co-conspirator, -Hans Pfundtner, apparently written to establish Frick’s -eternal contribution to the creation of the Nazis’ thousand-year -Reich. It states, and I quote briefly from Page 4, paragraph 4, of -the English translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“While Marxism in Prussia was crushed by the hard fist of -the Prussian Prime Minister Hermann Göring and a gigantic -wave of propaganda was initiated for the Reichstag elections -of 5 March 1933, Dr. Frick prepared the complete seizure -of power in all states of the Reich. All at once the political -opposition disappeared. All at once the Main”—River—“line -was eliminated; from this time on only one will and one -leadership reigned in the German Reich.”</p> - -</div> - -<p class='pindent'>How was this done? On February 28, 1933, the day after the -Reichstag fire, civil rights in Germany were abolished. This decree -was published in the <span class='it'>Reichsgesetzblatt</span>, 1933, Page 83; and an -English translation of it appears in the document book as 1390-PS. -I refer to this decree at this time because it carries the signature -of the Reich Minister of the Interior Frick. And now something -important. It is stated at the beginning of the decree, which was -published on the morning after the Reichstag fire, that the suspension -of civil rights is decreed as a defense measure against -Communist acts of violence endangering the State. At the time -of publication of this decree, the Nazi Government announced that -a thorough investigation had proven that the Communists had set -fire to the Reichstag building. I do not intend to go into the -controversial issue of who set fire to the Reichstag, but I should -like to offer proof that the official Nazi statement that the Communists -were responsible for the fire was issued without any -investigation and that the preamble of the decree which had Frick’s -signature was a mere subterfuge.</p> - -<p class='pindent'>I offer in evidence a very short excerpt of an interrogation of -Defendant Göring, dated October 13, 1945, our Document 3593-PS, -Exhibit Number USA-712, and I should like to read the following -brief portion, beginning on Page 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“My question to Göring: ‘How could you tell your press -agent, 1 hour after the Reichstag caught fire, that the Communists -did it, without investigation?’</p> -<hr class='tbk417'/> -<p class='noindent'>“Göring’s answer: ‘Did the public relations officer say that -at that time?’</p> -<hr class='tbk418'/> -<p class='noindent'>“My answer: ‘Yes. He said you said it.’</p> -<hr class='tbk419'/> -<p class='noindent'>“Göring: ‘It is possible when I came to the Reichstag the -Führer and his gentlemen were there. I was doubtful at that -<span class='pageno' title='357' id='Page_357'></span> -time, but it was their opinion that the Communists had -started the fire.’</p> -<hr class='tbk420'/> -<p class='noindent'>“My question: ‘But you were the highest law enforcement -official in a certain sense. Daluege was your subordinate. -Looking back at it now, and not in the excitement that was -there once, wasn’t it too early to say without any investigation -that the Communists had started the fire?’</p> -<hr class='tbk421'/> -<p class='noindent'>“Göring: ‘Yes, that is possible, but the Führer wanted it this -way.’</p> -<hr class='tbk422'/> -<p class='noindent'>“Question: ‘Why did the Führer want to issue at once a -statement that the Communists had started the fire?’</p> -<hr class='tbk423'/> -<p class='noindent'>“Answer: ‘He was convinced of it.’</p> -<hr class='tbk424'/> -<p class='noindent'>“Question: ‘It is right when I say he was convinced without -having any evidence or any proof of that at this moment?’</p> -<hr class='tbk425'/> -<p class='noindent'>“Göring: ‘That is right, but you must take into account that -at that time the Communist activity was extremely strong, -that our new government as such was not very secure.’ ”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Dr. Kempner, what has that got to do with -Frick?</p> - -<p class='pindent'>DR. KEMPNER: He signed the decree, as I said before, abolishing -civil liberties on the morning after, pointing out that there -was a Communist danger. On the other side, this Communist danger -was a mere subterfuge and was one of the things which finally -led to the second World War.</p> - -<p class='pindent'>The Defendant Frick not only abolished civil liberties within -Germany, but he also became the organizer of the huge police -network of the Nazi Reich.</p> - -<p class='pindent'>Parenthetically, I may state that before this time there was no -unified Reich police system; the individual German states had police -forces of their own.</p> - -<p class='pindent'>I ask the Tribunal to take judicial notice of the decree of -June 17, 1936, signed by Frick and published in the <span class='it'>Reichsgesetzblatt</span>, -1936, Page 487. An English translation of this decree is in the -document book under Document Number 2073-PS.</p> - -<p class='pindent'>Section 1 of this Frick decree reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“For the unification of police duties in the Reich, a Chief of -German Police is appointed in the Reich Ministry of the -Interior, to whom is assigned the direction and conduct of -all police affairs. . . .”</p> - -</div> - -<p class='pindent'>And from Section 2 we learn that it was the Defendant Frick -and Hitler, the signers of the decree, who appointed Himmler as -Chief of the German Police. -<span class='pageno' title='358' id='Page_358'></span></p> - -<p class='pindent'>Paragraph 2 of Section 2 of the decree states that Himmler -was, and I quote, “subordinated individually and directly to the -Reich and Prussian Minister of the Interior.” And of course that -is Frick.</p> - -<p class='pindent'>The official chart of the German Police system, Document -1852-PS, which has already been introduced into evidence as Exhibit -Number USA-449, clearly shows the position of the Reich Minister -of the Interior, Frick, as the supreme commander of the entire -German Police system, including the notorious RSHA, of which the -Defendant Kaltenbrunner became chief, under Frick, in January 1943.</p> - -<p class='pindent'>The Defendant Frick used his authority over the newly centralized -police system for the promotion of the Nazi conspiracy. -The Tribunal may take judicial notice of Frick’s decree of September -20, 1936, published in the <span class='it'>Ministerial Gazette of the Reich</span> -(<span class='it'>Ministerialblatt des Reichs- und Preussischen Ministeriums des -Innern</span>), 1936, Page 1343, Document 2245-PS.</p> - -<p class='pindent'>In this decree Frick reserved for himself the authority to appoint -inspectors of the security police, subordinated them to his district -governors, the Oberpräsidenten, and ordered them to have a close -co-operation with the Party and the Armed Forces.</p> - -<p class='pindent'>Another example of the use of his activities in the police sphere -is in his ordinance of March 18, 1938, concerning the Austrian -Anschluss, in which Frick authorized the Reichsführer of the SS and -Police, Himmler, to take security measures in Austria without -regard to previous legal limitations. This decree is published in -the <span class='it'>Reichsgesetzblatt</span>, 1938, Page 262, and appears in the document -book as Document Number 1437-PS.</p> - -<p class='pindent'>I shall not here repeat the evidence concerning the criminal -activities of the German police, over which the Defendant Frick -had supreme authority. I should simply like to refer the Tribunal -to the presentations already made on the subject of concentration -camps and the Gestapo, two of the police institutions under Frick’s -jurisdiction. But I should like to show that not only Himmler’s -subordinate machine but also Frick’s ministry itself was familiar -with these institutions. Therefore, I now offer into evidence -Document 1643-PS, as Exhibit Number USA-713.</p> - -<p class='pindent'>This document is a synopsis of correspondence between the -Reich Ministry of the Interior and its field offices, from November -1942 through August 1943, on the subject of the legal aspects of -the confiscation of property by the SS for the enlargement of the -concentration camp at Auschwitz. At the bottom of Page 1 and -the top of Page 2 of the English translation there appears a synopsis -of the minutes of a meeting held on December 17 and 18, 1942, -concerning the confiscation of this property. These minutes indicate -that a further discussion was to be held on the subject -<span class='pageno' title='359' id='Page_359'></span> -on 21 December 1942, between the representatives of the Reich -Minister of the Interior and the Reichsführer SS. On Page 2 there -appears also a summary of a teletype letter dated January 22, 1943 -from Dr. Hoffmann, representing the Reich Minister of the Interior, -to the District Governor in Katowice.</p> - -<p class='pindent'>The summary begins as follows, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The territory of the Auschwitz Concentration Camp will -be changed into an independent estate”—which means an -administrative territory of itself.</p> - -</div> - -<p class='pindent'>The fact that the Defendant Frick demonstrated personal -interest in a concentration camp became known through the testimony -of Dr. Blaha, to which I should like to refer the Tribunal, -in which he testified that Frick visited the Dachau Camp in 1943.</p> - -<p class='pindent'>The next aspect of the participation of the Defendant Frick -in the Nazi conspiracy concerns his promotion of racial persecution -and racism, involving the wiping out of the Jews.</p> - -<p class='pindent'>In addition to the many other responsibilities of Frick, this -vast administrative empire covered the entire area of the enactment -and administration of racial legislation.</p> - -<p class='pindent'>I refer again to Document 3475-PS, <span class='it'>The Manual for German -Administrative Officials</span>, previously introduced, and I refer to Pages -2 and 4, showing that Frick was administrative and legislative -guardian and protector of the German race.</p> - -<p class='pindent'>In order to avoid any repetition, I shall not quote the various -acts drafted by Frick’s ministry against the Jews. The presentation -concerning persecution of the Jews made by Major Walsh before -the Christmas recess listed a number of decrees signed by Frick, -including the infamous Nuremberg Laws and the laws depriving -Jews of their property, their rights of citizenship and stigmatizing -them with the Yellow Star.</p> - -<p class='pindent'>But the activities of Frick’s ministry were not restricted to -the commission of such crimes, camouflaged in the form of legislation. -The police field offices, subordinate to Frick, participated -in the organization of such terroristic activities as the pogrom of -November 9, 1938.</p> - -<p class='pindent'>I refer to a series of Heydrich’s orders and reports concerning -the organization of these pogroms or, as they were termed by -Heydrich, “spontaneous riots,” Documents 3051-PS and 3058-PS, -which are already in evidence as Exhibit Numbers USA-240 and 508.</p> - -<p class='pindent'>Three days after this pogrom of 9 November 1938 Frick, his -undersecretary Stuckart, and his subordinates, Heydrich and -Daluege, participated in a conference on the Jewish question under -the chairmanship of the Defendant Göring. At this meeting were -discussed the various measures which the individual governmental -<span class='pageno' title='360' id='Page_360'></span> -departments should initiate against the Jews. A stenographic record -of this meeting, Document 1816-PS, is already in evidence as Exhibit -Number USA-261. May I briefly refer to the bottom of Page 23 -of the English translation, where we find Göring’s concluding -remarks:</p> - -<div class='blockquote'> - -<p class='noindent'>“Also the Ministry of the Interior and the Police will have -to think over what measures have to be taken.”</p> - -</div> - -<p class='pindent'>This remark shows that Göring regarded it as Frick’s duty -to follow-up by administrative devices the pogrom, organized by -Frick’s own subordinates.</p> - -<p class='pindent'>In the foregoing presentation we have shown that the Defendant -Frick, as a member of the conspiracy, devised the machinery of -the State for Nazism. In the following presentation we will show -that Frick actively supported the preparation of the Nazi State -for war.</p> - -<p class='pindent'>May we begin this portion by showing that Frick was in -sympathy with the flagrant violations by Germany of her treaties -of non-aggression. This is clearly shown by the affidavit of Ambassador -Messersmith, Document 2385-PS, previously introduced as -Exhibit Number USA-68. I shall quote only one sentence from -this affidavit, Page 4, line 10. It reads as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“High-ranking Nazis with whom I had to maintain official -contact, particularly men such as Göring, Goebbels, Ley, Frick, -Frank, Darré, and others repeatedly scoffed at my position -as to the binding character of treaties and openly stated to -me that Germany would observe her international undertakings -only so long as it suited Germany’s interests to do so.”</p> - -</div> - -<p class='pindent'>In May 1935, by his appointment as Plenipotentiary General -for the administration of the Reich, Frick became one of the big -three in charge of preparing Germany for war. The other two -members of the triumvirate were the Chief of the OKW and the -Plenipotentiary General for War Economy, at that time the Defendant -Schacht. Frick has admitted that he held the position of -Plenipotentiary General since 21 May 1935, the date of the original -secret Reich Defense Law. I refer to his statement of positions, -Document 2978-PS, Exhibit Number USA-8.</p> - -<p class='pindent'>His functions as Plenipotentiary General are outlined in the -Reich Defense Law of 4 September 1938, which was classified top -military secret and appears in our document book as 2194-PS, -Exhibit Number USA-36. Under this law of 1938, Paragraph 3, -tremendous power was concentrated in the hands of Frick as -Plenipotentiary General for Administration. In addition to the -offices under his supervision as Minister of the Interior, the law -made the following offices subordinate to Frick for the purpose of -<span class='pageno' title='361' id='Page_361'></span> -carrying out the directives of the law: Reich Minister of Justice, -Reich Minister of Education, Reich Minister for Religious Matters, -and the Reich Minister for Planning.</p> - -<p class='pindent'>Frick admitted the significant part he played in the preparations -for war as a member of the triumvirate in a speech made on 7 March -1940 at the University of Freiburg. Excerpts appear in the document -book as Document Number 2608-PS, which I offer in evidence as -Exhibit Number USA-714. I think it would be helpful if the Tribunal -would allow me to read two short paragraphs, beginning at the top -of Page 1 of the English translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“The organization of the non-military national defense fits -organically into the entire structure of the National Socialist -Government and administration. This state of affairs is not -exceptional, but a necessary and planned part of the National -Socialist order. Thus, the conversion of our administration and -economy to wartime conditions has been accomplished very -quickly and without any friction—avoiding the otherwise very -dangerous change of the entire structure of the State.</p> -<hr class='tbk426'/> -<p class='noindent'>“The planned preparation of the administration for the possibility -of a war has already been carried out during peacetime. -For this purpose the Führer appointed a Plenipotentiary -General for the Reich Administration and a Plenipotentiary -General for War Economy.”</p> - -</div> - -<p class='pindent'>Many of Frick’s contributions to the preparation of the German -State for war are outlined in detail in the book <span class='it'>Dr. Wilhelm Frick -and His Ministry</span>, which is already in evidence as Document 3119-PS. -May I quote two short sentences from the top of Page 3 of the -English translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Besides, the leading co-operation of the Reich Minister of the -Interior in the important field of ‘military legislation,’ and thus -in the establishment of our Armed Forces, has to be particularly -emphasized. After all, the Reich Minister of the Interior -is the civilian minister of the defense of the country, who in -this capacity, together with the Reich War Minister, not only -signed the military law of 21 May 1935 but, in his capacity -as Supreme Chief of the General and Inner Administration as -well as of the Police, has also received from the Führer and -Reich Chancellor important powers in the fields of the -recruitment system and of military supervision.”</p> - -</div> - -<p class='pindent'>I have previously mentioned that as Minister of the Interior Frick -was responsible for the administrative policy in occupied and -annexed territories. It was his ministry which introduced the new -German order throughout the vast territory of Europe occupied by -the German Armed Forces, and the Defendant Frick exercised these -powers. I request that the Tribunal take judicial notice of three -<span class='pageno' title='362' id='Page_362'></span> -decrees signed by Frick, introducing German law into Austria, the -Sudetenland, and the Government General of Poland respectively:</p> - -<p class='pindent'>Decree of 13 March 1938, <span class='it'>Reichsgesetzblatt</span>, 1938, Part I, Page 237, -Article 8, Document 2307-PS; decree of 1 October 1938, <span class='it'>Reichsgesetzblatt</span>, -1938, Part I, Page 1331, Paragraph 8, Document 3073-PS; -decree of 12 October 1939, <span class='it'>Reichsgesetzblatt</span>, 1939, Part I, Page 2077, -Paragraph 8 (1), Document 3079-PS.</p> - -<p class='pindent'>Frick’s ministry also arranged the selection and assignment of -hundreds of occupation officials for the Soviet territory even before -the invasion. This fact appears in a report by the Defendant -Rosenberg of April 1941 on preparations for the administration of -occupied territory in the East. May I refer to Page 2, Paragraph 2, -of Document 1039-PS, which has previously been introduced as -Exhibit Number USA-146.</p> - -<p class='pindent'>One category of Frick’s contribution to the planning of, and -preparation for, aggressive war deserves special notice. This is the -systematic killing of persons regarded as useless to the German war -machine, such as the insane, the crippled, and aged, and foreign -laborers who were no longer able to work. These killings were -carried out in nursing homes, hospitals, and asylums. The Tribunal -will recall that the Defendant Frick, in his capacity as Reich Minister -of the Interior, had jurisdiction over public health and all institutions. -May I refer again briefly to the <span class='it'>Manual for German Administrative -Officials</span>, Document 3475-PS, this time to Pages 3, 4, and 7 of the -English partial translation. There the following are mentioned -as Frick’s jurisdictional areas: “Health Administration,” “Social -Hygiene,” “Racial Improvement and Eugenics,” “Reich Plenipotentiary -for Sanatoria and Nursing Homes.”</p> - -<p class='pindent'>As proof that Frick’s jurisdiction covered the death cases in these -institutions, I now offer in evidence Document 621-PS, Exhibit -Number USA-715. This is a letter of 2 October 1940 from the Chief -of the Reich Chancellery, Dr. Lammers, to the Reich Minister of -Justice, informing the latter that material concerning the death of -inmates of nursing homes had been transmitted to the Reich Minister -of the Interior for further action. In fact, the Defendant Frick not -only had jurisdiction of these establishments, but he was one of the -originators of a secret law organizing the murdering.</p> - -<p class='pindent'>I now offer Document 1556-PS, Exhibit Number USA-716. This -is an official report, dated December 1941, of the Czechoslovak War -Crimes Commission entitled, “Detailed Statement on the Murdering -of Ill and Aged People in Germany.” I should like to quote very -brief excerpts from this report. Paragraphs 1, 2, and 3 read as -follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) The murdering can be traced back to a secret law which -was released some time in the summer of 1940. -<span class='pageno' title='363' id='Page_363'></span></p> -<hr class='tbk427'/> -<p class='noindent'>“2) Besides the Chief Physician of the Reich, Dr. L. Conti, -the Reichsführer SS Himmler, the Reich Minister of the Interior -Dr. Frick, as well as other men, the following participated in -the introduction of this secret law:. . .”—Other names listed.</p> -<hr class='tbk428'/> -<p class='noindent'>“3) As I have already stated, there were—after careful calculation—at -least 200,000, mainly mentally deficient, imbeciles, -besides neurological cases and medically unfit people—these -were not only incurable cases—and at least 75,000 aged -people.”</p> - -</div> - -<p class='pindent'>The most striking example of the continued killings in these -institutions, which were under Frick’s jurisdiction and operated -under the order of which Frick was a co-author, is the famous -Hadamar case.</p> - -<p class='pindent'>Your Honor, may I ask you whether I may have 10 more minutes -to end this presentation, because the Chief Prosecutors agreed, as -I understood, to start tomorrow morning the case of the French, and -I have just 10 more minutes.</p> - -<p class='pindent'>THE PRESIDENT: Yes, very well.</p> - -<p class='pindent'>DR. KEMPNER: Thank you, Your Lordship.</p> - -<p class='pindent'>I refer to the Hadamar case. I now offer in evidence Document -Number 615-PS, Exhibit Number USA-717.</p> - -<p class='pindent'>THE TRIBUNAL (Mr. Biddle): What is this last report that you -spoke about? Whose is it?</p> - -<p class='pindent'>DR. KEMPNER: The Czechoslovak War Crimes Commission -report. After I have shown the general scheme, of which Frick was -a co-author, I would like to show that Frick’s ministry was -acquainted with the things that were going on under his organizational -authorship; and therefore I am quoting now a letter to the -fact that he was acquainted with these killings and that these killings -had even become public knowledge. For this reason I offer in -evidence Document 615-PS, Exhibit number USA-717. This document -is a letter from the Bishop of Limburg of 13 August 1941 to the -Reich Minister of Justice. Copies were sent to the Reich Minister of -the Interior—this means Frick—and to the Reich Minister for Church -Affairs. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“About 8 kilometers from Limburg, in the little town of -Hadamar, on a hill overlooking the town, there is an institution -which had formerly served various purposes and of late had -been used as a nursing home; this institution was renovated -and furnished as a place in which, by consensus of opinion, the -above-mentioned euthanasia has been systematically practiced -for months, approximately since February 1941. The fact has -<span class='pageno' title='364' id='Page_364'></span> -become known beyond the administrative district of Wiesbaden, -because death certificates from a Registry Hadamar-Moenchberg -are sent to the home communities. . . .”</p> - -</div> - -<p class='pindent'>And I quote further:</p> - -<div class='blockquote'> - -<p class='noindent'>“Several times a week buses arrive in Hadamar with a -considerable number of such victims. School children of the -vicinity know this vehicle and say, ‘There comes the murder-box -again.’ After the arrival of the vehicle, the citizens of -Hadamar watch the smoke rise out of the chimney and are -tortured with the ever-present thought of the miserable -victims, especially when repulsive odors annoy them, depending -on the direction of the wind.</p> -<hr class='tbk429'/> -<p class='noindent'>“The effect of the principles at work here, are: Children call -each other names and say, ‘You’re crazy; you’ll be sent to the -baking oven in Hadamar.’ Those who do not want to marry -or find no opportunity say, ‘Marry, never! Bring children -into the world so they can be put into the bottling machine!’ -You hear old folks say, ‘Don’t send me to a state hospital! -After the feeble-minded have been finished off, the next -useless eaters whose turn will come are the old people.’</p> -<hr class='tbk430'/> -<p class='noindent'>“. . . The population cannot grasp that systematic actions are -carried out which, in accordance with Paragraph 211 of the -German criminal code, are punishable with, death! . . .</p> -<hr class='tbk431'/> -<p class='noindent'>“Officials of the Secret State Police, it is said, are trying to -suppress discussion of the Hadamar occurrences by means of -severe threats. In the interest of public peace this may be -well intended. But the knowledge and the conviction and the -indignation of the population cannot be changed by it; the -conviction will be increased with the bitter realization that -discussion is prohibited with threats but that the actions -themselves are not prosecuted under penal law.”</p> - -</div> - -<p class='pindent'>I quote the last paragraph of the letter, the postscript:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am submitting copies of this letter to the Reich Minister -for Church Affairs.” Initialed by above.</p> - -</div> - -<p class='pindent'>Nevertheless, the killings carried out in these institutions under -the secret law created by Defendants Frick, Himmler, and others -continued year after year.</p> - -<p class='pindent'>THE PRESIDENT: Was any answer made to that letter?</p> - -<p class='pindent'>DR. KEMPNER: No answer has been found. I have other letters -which I am not able to quote here today which have the remark, -“Please don’t answer.”</p> - -<p class='pindent'>THE PRESIDENT: “Please don’t answer”?</p> - -<p class='pindent'>DR. KEMPNER: That it should be unanswered. -<span class='pageno' title='365' id='Page_365'></span></p> - -<p class='pindent'>Nevertheless, the killings carried out in these institutions under -the secret law created by Defendants Frick, Himmler, and others -continued year after year. I offer in evidence Document 3592-PS, -Exhibit Number USA-718, which is a certified copy of the charge, -specifications, findings, and sentence of the U.S. Military Commission -at Wiesbaden, against the individuals who operated the Hadamar -Sanatorium, where many Russians and Poles were murdered. In -this particular proceeding seven defendants were charged with the -murder in 1944 of 400 persons of Polish and Russian nationality, and -three of the defendants were sentenced to be hanged; the other four -were sentenced to confinement at hard labor.</p> - -<p class='pindent'>Now I come to the last page of my presentation, the final case -of Frick’s responsibility, which arises under his position as Reich -Protector of Bohemia and Moravia for the period from August 20, -1943, until the end of the war. I think it is not necessary to say -anything about the functions of the Protector of Bohemia and -Moravia; these broad powers are known to the Court.</p> - -<p class='pindent'>THE PRESIDENT: Before you pass from 3592-PS, is it clear that -that trial relates to the killing of Polish and Russian nationals in -nursing homes or institutions of that sort?</p> - -<p class='pindent'>DR. KEMPNER: It is absolutely clear in this document, the -sentence of the Military Commission of Hadamar for Wiesbaden.</p> - -<p class='pindent'>THE PRESIDENT: Will you show me where that is?</p> - -<p class='pindent'>DR. KEMPNER: Document Number 3592-PS. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Specification: In that Alfons Klein, Adolf Wahlmann, Heinrich -Ruoff, Karl Willig, Adolf Merkle, Irmgard Huber, and Philipp -Blum, acting jointly and in pursuance of a common intent and -acting for and on behalf of the then German Reich, did, from -or about July 1, 1944, until about April 1, 1945, at Hadamar, -Germany, wilfully, deliberately, and wrongfully aid, abet, and -participate in the killing of human beings of Polish and -Russian nationality; their exact names and number being unknown, -but aggregating in excess of 400, and who were then -and there confined by the German Reich as an exercise of -belligerent control.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: It doesn’t show that it came within the -jurisdiction of the Ministry of the Interior.</p> - -<p class='pindent'>DR. KEMPNER: Some time ago I referred to the manual of the -German administrative officials. This manual points out very clearly -that nursing homes, sanitaria, and similar establishments are under -the supervision of the Ministry of the Interior.</p> - -<p class='pindent'>THE PRESIDENT: I follow that, but this document does not -refer to nursing homes. That is what I was asking you. -<span class='pageno' title='366' id='Page_366'></span></p> - -<p class='pindent'>DR. KEMPNER: Yes, it says only Hadamar. It is, in fact, the -Hadamar Nursing Home. This portion wasn’t given by the Judge -Advocate General, but I am willing to give later a more extended -document that Hadamar is a common name for the so-called Hadamar -killing mill, which is a nursing home.</p> - -<p class='pindent'>Now I come to the last paragraph of my presentation.</p> - -<p class='pindent'>THE PRESIDENT: Wait a moment, Dr. Kempner. Counsel for -the Defense wishes to speak. There is a gentleman standing by -your side.</p> - -<p class='pindent'>DR. PANNENBECKER: From Document 3592-PS, which was just -read, I cannot find that the Defendant Frick is connected with the -document in any way.</p> - -<p class='pindent'>THE PRESIDENT: Surely it is not necessary for you to get up -and repeat what I have just said.</p> - -<p class='pindent'>DR. PANNENBECKER: I would like to add something else.</p> - -<p class='pindent'>THE PRESIDENT: I beg your pardon.</p> - -<p class='pindent'>DR. PANNENBECKER: I would like to add that the Defendant -Frick since August 1943 was not Minister of the Interior, and for -that reason this document cannot be used against him.</p> - -<p class='pindent'>THE PRESIDENT: And it does not give the date of the death of -these people. At any rate, until Dr. Kempner produces something -to show that this was a nursing home and in a time during which -the Defendant Frick was Minister of the Interior, the Tribunal will -not treat it as being evidence which implicates Frick.</p> - -<p class='pindent'>DR. KEMPNER: I quoted this killing in Hadamar for two reasons: -First, because the Ministry of the Interior has become acquainted, -as I said before, with the letter of the Bishop of Limburg, in 1941, -when Frick was Minister of the Interior and knew about these facts; -and I quoted the military decision for this reason, that these killings -were still going on in 1944 and 1945 under a law of which the -Defendant Frick was the co-author.</p> - -<p class='pindent'>The final phase of Frick’s responsibility arises under his position -as Reich Protector of Bohemia and Moravia for the period from 20 -August 1943 until the end of the war. I have not to prove his -function but I shall mention one example, and I offer in evidence -Document Number 3589-PS, Exhibit Number USA-720, which is a -supplement to an official Czechoslovak report on German crimes -against Czechoslovakia. I would like to quote only the following -brief passage from this report:</p> - -<div class='blockquote'> - -<p class='noindent'>“During the tenure of office of Defendant Wilhelm Frick as -Reich Protector of Bohemia and Moravia from August 1943 -until the liberation of Czechoslovakia in 1945 many thousands -<span class='pageno' title='367' id='Page_367'></span> -of Czechoslovak Jews were transported from the Terezin -ghetto in Czechoslovakia to the concentration camp at -Oswieczim (Auschwitz) in Poland and were there killed in -the gas chambers.”</p> - -</div> - -<p class='pindent'>Brought from the territory over which Frick was Protector to -the gas chamber.</p> - -<p class='pindent'>Thus, we submit, it has been shown that the Defendant Frick -was a key conspirator from 1923 until the Allied armies crushed the -resistance of the Nazi Armed Forces. Frick’s guilt rests on his own -record and on the record of his co-defendants, for whom he is co-responsible -under our Charter.</p> - -<p class='pindent'>I would like to express my appreciation for the assistance -rendered in connection with the preparation of this case by my -colleagues Mr. Karl Lachmann, Lieutenant Frederick Felton, and -Captain Seymour Krieger.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 17 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='368' id='Page_368'></span><h1>THIRTY-SIXTH DAY<br/> <span style='font-size:smaller'>Thursday, 17 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>THE PRESIDENT: I call upon the Counsel for France.</p> - -<p class='pindent'>M. FRANCOIS DE MENTHON (Chief Prosecutor for the French -Republic): The conscience of the peoples, who only yesterday were -enslaved and tortured both in soul and body, calls upon you to -judge and to condemn the most monstrous attempt at domination -and barbarism of all times, both in the persons of some of those who -bear the chief responsibility and in the collective groups and -organizations which were the essential instruments of their crimes.</p> - -<p class='pindent'>France, invaded twice in 30 years in the course of wars, both of -which were launched by German imperialism, bore almost alone in -May and June 1940 the weight of armaments accumulated by Nazi -Germany over a period of years in a spirit of aggression. Although -temporarily crushed by superiority in numbers, material, and preparation, -my country never gave up the battle for freedom and was -at no time absent from the field. The engagements undertaken and -the will for national independence would have sufficed to keep -France behind General De Gaulle in the camp of the democratic -nations. If, however, our fight for freedom slowly took the shape of -a popular uprising, at the call of the men of the Resistance, belonging -to all social classes, to all creeds and to all political parties, it -was because, while our soil and our souls were crushed by the Nazi -invader, our people refused not only to submit to wretchedness and -slavery, but even more they refused to accept the Hitlerian dogmas -which were in absolute contradiction to their traditions, their -aspirations, and their human calling.</p> - -<p class='pindent'>France, which was systematically plundered and ruined; France, -so many of whose sons were tortured and murdered in the jails of -the Gestapo or in concentration camps; France, which was subjected -to the still more horrible grip of demoralization and return to -barbarism diabolically imposed by Nazi Germany, asks you, above -all in the name of the heroic martyrs of the Resistance, who are -among the greatest heroes of our national legend, that justice be -done.</p> - -<p class='pindent'>France, so often in history the spokesman and the champion of -human liberty, of human values, of human progress, through my -voice today also becomes the interpreter of the martyred peoples -<span class='pageno' title='369' id='Page_369'></span> -of western Europe, Norway, Denmark, the Netherlands, Belgium, -Luxembourg, peoples more than all others devoted to peace, peoples -who are among the noblest of humanity by their aspirations and -their worship of the values of civilization, peoples who have shared -our sufferings and have refused, like us, to give up liberty and to -sacrifice their souls before the assault of Nazi barbarism. France -here becomes their interpreter to demand that real justice be done.</p> - -<p class='pindent'>The craving for justice of the tortured peoples is the basic -foundation of France’s appearance before Your High Tribunal. It -is not the only one, nor perhaps the most important one. More than -toward the past, our eyes are turned toward the future.</p> - -<p class='pindent'>We believe that there can be no lasting peace and no certain -progress for humanity, which still today is torn asunder, suffering, -and anguished, except through the co-operation of all peoples and -through the progressive establishment of a real international society.</p> - -<p class='pindent'>Technical procedures and diplomatic arrangements will not -suffice. There can be no well balanced and enduring nation without -a common consent in the essential rules of social living, without a -general standard of behavior before the claims of conscience, without -the adherence of all citizens to identical concepts of good and of evil. -There is no domestic law which, in defining and punishing criminal -violations, is not founded on criteria of a moral order which is -accepted by all—in a word, without a common morality. There can -be no society of nations tomorrow without an international morality, -without a certain community of spiritual civilization, without an -identical hierarchy of values; international law will be called upon -to recognize and guarantee the punishment of the gravest violations -of the universally accepted moral laws. This morality and this international -criminal law, indispensable for the final establishment of -peaceful co-operation and of progress on lasting foundations, are -inconceivable to us today after the experience of past centuries and -more especially of these last years, after the incredible and awesome -sacrifices and the sufferings of men of all races and of all nationalities, -except as built on the respect of the human person, of every -human person whosoever he may be, as well as on the limitation -of the sovereignty of states.</p> - -<p class='pindent'>But in order that we may have the hope of founding progressively -an international society, through the free co-operation of -all peoples, founded on this morality and on this international law, -it is necessary that, after having premeditated, prepared, and -launched a war of aggression which has caused the death of millions -of men and the ruin of a great number of nations, after having -thereupon piled up the most odious crimes in the course of the war -years, Nazi Germany shall be declared guilty and her rulers and -those chiefly responsible punished as such. Without this sentence and -<span class='pageno' title='370' id='Page_370'></span> -without this punishment the people would no longer have any faith -in justice. When you have declared that crime is always a crime, -whether committed by one national entity against another or by -one individual against another, you will thereby have affirmed that -there is only one standard of morality, which applies to international -relations as well as to individual relations, and that on this morality -are built prescriptions of law recognized by the international community; -you will then have truly begun to establish an international -justice.</p> - -<p class='pindent'>This work of justice is equally indispensable for the future of the -German people. These people have been for many years intoxicated -by Nazism; certain of their eternal and deep seated aspirations, -under this regime, have found a monstrous expression; their entire -responsibility is involved, not only by their general acceptance but -by the effective participation of a great number of them in the -crimes committed. Their re-education is indispensable. This represents -a difficult enterprise and one of long duration. The efforts which -the free peoples will have to make in order to reintegrate Germany -into an international community cannot succeed in the end if this -re-education is not carried out effectively. The initial condemnation -of Nazi Germany by your High Tribunal will be a first lesson for -these people and will constitute the best starting point for the work -of the revision of values and of re-education which must be its -great concern during the coming years.</p> - -<p class='pindent'>This is why France sees fit to ask the Tribunal to qualify juridically -as crimes, both the war of aggression itself and those acts in -violation of the morality and of the laws of all civilized countries -which have been committed by Germany in the conduct of the war, -to condemn those who are chiefly responsible, and to declare criminal -the members of the various groups and organizations which were -the principal perpetrators of the crimes of Nazi Germany.</p> - -<p class='pindent'>Your High Tribunal, established by the four nations signatory -to the agreement of 8 August 1945, acting in the interests of all the -United Nations, is qualified to mete out to Nazi Germany the justice -of the free peoples, the justice of liberated humanity.</p> - -<p class='pindent'>The establishment by our four governments of a Tribunal competent -to judge the crimes committed by those principally responsible -in Nazi Germany is based solidly on the principles and usage of -international law. As an eminent British jurist has recently reminded -us: The practice and the doctrine of international law have always -given to belligerent states the right to punish enemy war criminals -who fall into their power. It is an immutable rule of international -law which no author has ever contested. It is not a new doctrine. -It was born with the birth of international law. Francisco de -<span class='pageno' title='371' id='Page_371'></span> -Vittoria and Grotius laid its foundations. The German authors of -the 17th and 18th century developed the doctrine.</p> - -<p class='pindent'>Thus Johann Jacob Moser, a positivist writer of the 18th century -said:</p> - -<div class='blockquote'> - -<p class='noindent'>“Enemy soldiers who act in violation of international law, -should they fall into the hands of their adversaries, are not -to be treated as prisoners of war. They can suffer the same -fate as thieves or murderers.”</p> - -</div> - -<p class='pindent'>The prosecutions which the United States, Great Britain, the -Union of Soviet Socialist Republics, and France are today carrying -out against the men and the organizations appearing before Your -High Tribunal under the Indictment read in Berlin on 18 October -1945, therefore have an unimpeachable juridical foundation: The -right, universally recognized by international doctrine, of bringing -war criminals before a punitive jurisdiction.</p> - -<p class='pindent'>This right is strengthened by legal considerations that are perhaps -even more irrefutable.</p> - -<p class='pindent'>The principle of the territorial application of penal laws gives to -every state the right to punish crimes committed on its territory. -The application of the territorial principle covers the violations of -international law in territory subject to military occupation; these -violations are the chief source of war crimes. But the crimes committed -by the defendants were not directed against any given state, -in any given occupied territory. The National Socialist conspirators, -against whom we ask that justice be done, directed the policy of the -Third Reich. All the states which were occupied and temporarily -enslaved by their armed forces have been equally victims both of -the illicit war which they launched and of the methods used by them -in the conduct of this war.</p> - -<p class='pindent'>There is therefore no single state which could legitimately claim -the privilege of trying these criminals. Only an International Tribunal, -emanating from the combined United Nations, which were -yesterday at war with Germany, can rightly claim this privilege. This -is why the declaration on enemy atrocities made at the end of the -Moscow Conference in October 1943 had provided that the leaders -of Nazi Germany would, after the joint victory of the Allies, be -brought before an international jurisdiction. There is, therefore, -nothing new from a juridical point of view in the principle of justice -which you are called upon to render. Far from being merely an -affirmation of power on the part of the victors, your competence is -founded on the recognition by international law of the territorial -jurisdiction of sovereign states.</p> - -<p class='pindent'>The transfer by these states of their juridical power to an -international court constitutes a notable progress in the setting up -<span class='pageno' title='372' id='Page_372'></span> -of an inter-state punitive procedure. It does not constitute any -innovation in the legal foundation of the justice which you are called -upon to render.</p> - -<p class='pindent'>The penal qualification of the facts may seem more open to -juridical objections. This horrible accumulation and maze of Crimes -against Humanity both include and go beyond the two more precise -juridical notions of Crimes against Peace and War Crimes. But I -think—and I will revert later separately to Crimes against Peace -and War Crimes—that this body of Crimes against Humanity constitutes, -in the last analysis, nothing less than the perpetration for -political ends and in a systematic manner, of common law crimes -such as theft, looting, ill treatment, enslavement, murders, and -assassinations, crimes that are provided for and punishable under -the penal laws of all civilized states.</p> - -<p class='pindent'>No general objection of a juridical nature, therefore, appears to -hamper your task of justice.</p> - -<p class='pindent'>Moreover, the Nazis accused would have no ground to argue on -alleged lack of written texts to justify the penal qualification that -you will apply to their crimes.</p> - -<p class='pindent'>Has not the juridical doctrine of National Socialism admitted that -in domestic criminal law even the judge can and must supplement -the law? The written law no longer constituted the Magna Charta -of the delinquent. The judge could punish when, in the absence of -a provision for punishment, the National Socialist sense of justice -was gravely offended.</p> - -<p class='pindent'>How could a judge under the Nazi regime supplement the law?</p> - -<p class='pindent'>In his search for a semi-legal solution he acted in the manner of -a legislator. Proceeding from the firm basis of the National Socialist -program, he sought the rule which he would have proclaimed had -he been a legislator. The Defendant Frank, in his speech at the -Juristentag in 1936, declared:</p> - -<div class='blockquote'> - -<p class='noindent'>“Say to yourself at each decision you have to make: How -would the Führer decide in my place? For every decision -which you have to make, ask yourself: Is this decision in -accordance with the National Socialist conscience of the German -people? Thus you will have a firm basis of conscience -which will also bear for all time, in your own sphere of -decisions, the authority of the Third Reich, based on the -popular National Socialist unity and on the recognition of the -will of the Führer Adolf Hitler.”</p> - -</div> - -<p class='pindent'>To those who tomorrow will render justice in the name of human -conscience, the Defendant Frank and his accomplices would be ill -advised to protest against a lack of written texts with appropriate -<span class='pageno' title='373' id='Page_373'></span> -sanctions, especially since, in addition to various international conventions, -these texts, though they be not codified in an inter-state -penal code, exist in the penal code of every civilized country.</p> - -<p class='pindent'>Mr. Justice Jackson has given you the details of the various -phases and aspects of the National Socialist plot, its planning and -its development, from the first days of the conspiracy of Hitler and -his companions to rise to power, until the unleashing of innumerable -crimes in a Europe almost entirely at their mercy.</p> - -<p class='pindent'>Sir Hartley Shawcross then enumerated the various breaches of -treaties, of agreements, of promises which were the prelude to the -many wars of aggression of which Germany was guilty.</p> - -<p class='pindent'>I propose today to prove to you that all this organized and vast -criminality springs from what I may be allowed to call a crime -against the spirit, I mean a doctrine which, denying all spiritual, -rational, or moral values by which the nations have tried, for thousands -of years, to improve human conditions, aims to plunge -humanity back into barbarism, no longer the natural and spontaneous -barbarism of primitive nations, but into a diabolical barbarism, -conscious of itself and utilizing for its ends all material -means put at the disposal of mankind by contemporary science. This -sin against the spirit is the original sin of National Socialism from -which all crimes spring.</p> - -<p class='pindent'>This monstrous doctrine is that of racialism: The German race, -composed in theory of Aryans, would be a fundamental and natural -concept. Germans as individuals do not exist and cannot justify their -existence, except insofar as they belong to the race or Volkstum, -to the popular mass which represents and amalgamates all Germans. -Race is the matrix of the German people; proceeding therefrom -this people lives and develops as an organism. The German -may consider himself only as a healthy and vigorous member of this -body, fulfilling within the collectivity a definite technical function; -his activity and his usefulness are the exact gauge and justification -of his liberty. This national body must be “moulded” to prepare it -for a permanent struggle.</p> - -<p class='pindent'>The ideas and the bodily symbols of racialism form an integral -part of its political system. This is what is called authoritative or -dictatorial biology.</p> - -<p class='pindent'>The expression “blood” which appears so often in the writings -of the Nazi theorists denotes this stream of real life, of red sap which -flows through the circulatory system of every race and of all genuine -culture as it flows through the human body. To be Aryan is to feel -this current passing through oneself, this current which galvanizes -and vivifies the whole nation. Blood is this region of spontaneous -and unconscious life which reveals to each individual the tendencies -of the race. The intellectual life must never, in extolling itself, -<span class='pageno' title='374' id='Page_374'></span> -separate us from this elemental basis of the sacred community. Let -the individual go into himself and he will receive by direct revelation -“the commandments of the blood.” Dreams, rites, and myths -can lead to this revelation. In other words the modern German can -and must bear in himself the call of the old Germany and find again -its purity and its youthful primitiveness.</p> - -<p class='pindent'>The body and soul unity (Leib Seele Einheit) of the individual -must not be disputed. One reads in the <span class='it'>Nationalsozialistische Monatshefte</span> -of September 1938 that the body belongs to the State and the -soul to the Church and to God. It is no longer so. The whole of the -individual, body and soul, belongs to the Germanic nation and to the -Germanic State. National Socialism affirms, indeed, that the moral -conscience is the result of ortho-genetic evolution, the consequence -of the most simple physiological functions which characterize the -individuality of the body. Therefore, the moral conscience is also -subject to heredity and consequently subject to the postulate and to -the demands of the race.</p> - -<p class='pindent'>True, this pseudo-religion does not repudiate the means of reason -and of technical activity, but subordinates them rigorously, brings -them infallibly to the racial myth.</p> - -<p class='pindent'>The individual has no value in himself and is important only as -an element of the race. This affirmation is logical if one admits that -not only physical and psychological characteristics, but also opinions -and tendencies are bound, not to the individual but to the nation. -Anyone whose opinions differ from the official doctrine is asocial or -unhealthy. He is unhealthy because in the Nazi doctrine the nation -is equivalent to the race. Now, the characteristics of the race are -fixed. An exception in the formation from the spiritual or moral -point of view constitutes a malformation in the same way as does a -clubfoot or a harelip.</p> - -<p class='pindent'>That is the totalitarian doctrine which reduces the individual to -nonexistence save by the race and for the race, without freedom -of action or any definite aim; totalitarian doctrine which excludes -every other concept, every other aspiration or requirement save -those connected with the race, totalitarian doctrine which eliminates -from the individual every other thought save that of the interest -of the race.</p> - -<p class='pindent'>National Socialism ends in the absorption of the personality of -the citizen into that of the state and in the denial of any intrinsic -value of the human person.</p> - -<p class='pindent'>We are brought back, as can be seen, to the most primitive ideas -of the savage tribe. All the values of civilization accumulated in the -course of centuries are rejected, all traditional ideas of morality, -justice, and law give way to the primacy of race, its instincts, its -<span class='pageno' title='375' id='Page_375'></span> -needs and interests. The individual, his liberty, his rights and -aspirations, no longer have any real existence of their own.</p> - -<p class='pindent'>In this conception of race it is easy to realize the gulf that -separates members of the German community from other men. The -diversity of the races becomes irreducible, and irreducible, too, the -hierarchy which sets apart the superior and the inferior races. The -Hitler regime has created a veritable chasm between the German -nation, the sole keeper of the racial treasure, and other nations.</p> - -<p class='pindent'>Between the Germanic community and the degenerate population -of an inferior variety of men there is no longer any common -measure. Human brotherhood is rejected, even more than all the -other traditional moral values.</p> - -<p class='pindent'>How can one explain how Germany, fertilized through the -centuries by classic antiquity and Christianity, by the ideals of -liberty, equality, and social justice, by the common heritage of -western humanism to which she had brought such noble and precious -contributions, could have come to this astonishing return to -primitive barbarism?</p> - -<p class='pindent'>In order to understand it and to try to eradicate forever from -the Germany of tomorrow the evil by which our entire civilization -came so near to perishing, it must be recalled that National -Socialism has deep and remote origins.</p> - -<p class='pindent'>The mysticism of racial community was born of the spiritual -and moral crises which Germany underwent in the 19th century -and which abruptly broke out again in its economic and social -structure through a particularly rapid industrialization. National -Socialism is in reality one of the peaks of the moral and spiritual -crisis of modern humanity, convulsed by industrialization and technical -progress. Germany experienced this metamorphosis of economic -and social life not only with an extraordinary brutality but at a -time when she did not yet possess the political equilibrium and -the cultural unity which the other countries of western Europe -had achieved.</p> - -<p class='pindent'>While the inner and spiritual life was weakening, a cruel uncertainty -dominated human minds, an uncertainty admirably -defined by the term “Ratlosigkeit,” which cannot be translated into -French but which corresponds to our popular expression, “One no -longer knows in what saint to believe.” This is the spiritual cruelty -of the 19th century which so many Germans have described with a -tragic evocative power. A gaping void opens before the human soul, -disoriented by the search for new values.</p> - -<p class='pindent'>The natural sciences and the sciences of the mind give birth to -absolute relativism; to a deep scepticism regarding the lasting -quality of values on which Western humanism has been nurtured -for centuries. A vulgar Darwinism prevails, bewilders, and befuddles -<span class='pageno' title='376' id='Page_376'></span> -the brain. The Germans cease to see in human groups and races -anything but isolated nuclei in perpetual struggle with one another.</p> - -<p class='pindent'>It is in the name of decadence that the German spirit condemns -humanism. It sees in the value of humanism and in the elements -that derive from it only “maladies,” which it attributes to an -excess of intellectualism and abstraction of everything that -restrains men’s passions by subjecting them to common norms. -From this point on, classic antiquity is no longer considered in its -aspects of ordered reason or of radiant beauty. In it one sees only -civilizations violently enamored of struggles and rivalries, linked -especially to Germany through their so-called Germanic origin.</p> - -<p class='pindent'>Sacerdotal Judaism and Christianity in all its forms are condemned -as religions of honor and brotherhood, calculated to kill the -virtues of brutal force in man.</p> - -<p class='pindent'>A cry is raised against the democratic idealism of the modern -era, and then against all the internationals.</p> - -<p class='pindent'>Over a people in this state of spiritual crisis and of negations -of traditional values the culminating philosophy of Nietzsche was -to exercise a dominant influence. In taking the will to power as a -point of departure, Nietzsche preached, certainly not inhumanity -but superhumanity. If there is no final cause in the universe, man, -whose body is matter which is at once feeling and thinking, may -mould the world to his desire, choosing as his guide a militant -biology. If the supreme end of humanity is a feeling of victorious -fullness which is both material and spiritual, all that remains is -to insure the selection of physical specimens, who become the new -aristocracy of masters.</p> - -<p class='pindent'>For Nietzsche the industrial evolution necessarily entails the -rule of the masses, the automatism and the shaping of the working -multitudes. The state endures only by virtue of an elite of vigorous -personalities who, by the methods so admirably defined by -Machiavelli, which alone are in accord with the laws of life, will -lead men by force and by ruse simultaneously, for men are and -remain wicked and perverse.</p> - -<p class='pindent'>We see the modern barbarian arise. Superior by his intelligence -and his wilful energy, freed of all conventional ethics, he can -enforce upon the masses obedience and loyalty by making them -believe in the dignity and beauty of labor and by providing them -with that mediocre well-being with which they are so easily content. -An identical force will, therefore, be manifest in the leaders, -by the harmony between their elementary passions and the lucidity -of their organizing reason, and in the masses, whose dark or violent -instincts will be balanced by a reasoned activity imposed with -implacable discipline. -<span class='pageno' title='377' id='Page_377'></span></p> - -<p class='pindent'>Without doubt, the late philosophy of Nietzsche cannot be -identified with the brutal simplicity of National Socialism. Nevertheless, -National Socialism was wont to glorify Nietzsche as one -of its ancestors. And justly so, for he was the first to formulate -in a coherent manner criticism of the traditional values of -humanism; and also, because his conception of the government of -the masses by masters knowing no restraint is a preview of the -Nazi regime. Besides, Nietzsche believed in the sovereign race and -attributed primacy to Germany, whom he considered endowed with -a youthful soul and unquenchable resources.</p> - -<p class='pindent'>The myth of racial community which had arisen from the depths -of the German soul, unbalanced by the moral and spiritual crises -endured by modern humanity, allied itself with the traditional -theses of Pan-Germanism.</p> - -<p class='pindent'>Already Fichte’s speeches to the German nation exalting -Germanism clearly reveal one of the main ideas of Pan-Germanism, -namely, that Germany visualizes and organizes the world as it -should be visualized and organized.</p> - -<p class='pindent'>The apology for war is equally ancient. It dates back to Fichte -and Hegel, who had affirmed that war, through its classifying of -peoples, alone establishes justice among nations. For Hegel, in -<span class='it'>Grundlinien der Philosophie des Rechtes</span>, Page 433, states: “The -moral health of nations is maintained thanks to war, just as the -passing breeze saves the sea from stagnation.”</p> - -<p class='pindent'>The living space theory appears right at the beginning of the -19th century. It is a well-known geographical and historical -demonstration which such people as Ratzel, Arthur Dix, and -Lamprecht will take up later on, comparing conflicts between -peoples to a savage fight between conceptions and realizations of -space and declaring that all history is moving towards German -hegemony.</p> - -<p class='pindent'>State totalitarianism also has ancient roots in Germany. The -absorption of individuals by the State was hoped for by Hegel, -who wrote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Individuals disappear in the presence of the universal -substance”—that is the people or state idea—“and this -substance itself shapes the individuals in accordance with -its own ends.”</p> - -</div> - -<p class='pindent'>Therefore, National Socialism appears in present-day Germany -neither as a spontaneous formation which might be due to the -consequence of the defeat in 1918, nor as a mere invention of a -group of men determined upon seizing power. National Socialism -is the ultimate result of a long evolution of doctrines; the -exploitation by a group of men of one of the most profound and -most tragic aspects of the German soul. But the crime committed -<span class='pageno' title='378' id='Page_378'></span> -by Hitler and his companions will be precisely that of unleashing -and exploiting to its extreme limit the latent force of barbarity, -which existed before him in the German people.</p> - -<p class='pindent'>The dictatorial regime instituted by Hitler and his companions -carries with it for all Germans the “soldier-life,” that is to say, a -kind and a system of life entirely different from that of the -bourgeois West and the proletarian East. It amounted to a -permanent and complete mobilization of individual and collective -energies. This integral militarization presupposed complete -uniformity of thoughts and actions. It is a militarization which -conforms to the Prussian tradition of discipline.</p> - -<p class='pindent'>Propaganda instils into the masses faith, drive, and a thirst -for the greatness of the community. Those consenting masses find -an artificial derivative for their moral anguish and their material -cares in theories of race and in a mystical exaltation held in -common. Souls which yesterday were wounded and rent asunder -once more find themselves united in a common mould.</p> - -<p class='pindent'>The Nazi educational system moulds new generations which -show no trace of traditional moral teachings, those being replaced -by the cult of race and of strength.</p> - -<p class='pindent'>The race myth tends to become a real national religion. Many -writers dream of substituting for the duality of religious confessions -a world-wide dogma of German conception, which would -amount to being the religion of the German race as a race.</p> - -<p class='pindent'>In the middle of the 20th century Germany goes back, of her -own free will, beyond Christianity and civilization to the primitive -barbarity of ancient Germany. She makes a deliberate break with -all universal conceptions of modern nations. The National Socialist -doctrine, which raised inhumanity to the level of a principle, constitutes, -in fact, a doctrine of disintegration of modern society.</p> - -<p class='pindent'>This doctrine necessarily brought Germany to a war of aggression -and to the systematic use of criminality in the waging of war.</p> - -<p class='pindent'>The absolute primacy of the German race, the negation of any -international law whatsoever, the cult of strength, the exacerbation -of community mysticism made Germany consider recourse to war, -in the interests of the German race, logical and justified.</p> - -<p class='pindent'>This race would have the incontestable right to grow at the -expense of nations considered decadent. Germany is about to -resume even in the middle of the 20th century the great invasions -of the barbarians. Moreover, most naturally and logically, she will -wage her war in barbarous fashion, not only because National -Socialist ethics are indifferent to the choice of means, but also -because war must be total in its means and in its ends.</p> - -<p class='pindent'>Whether we consider a Crime against Peace or War Crimes, we -are therefore not faced by an accidental or an occasional criminality -<span class='pageno' title='379' id='Page_379'></span> -which events could explain without justifying it. We are, in fact, -faced by systematic criminality, which derives directly and of -necessity from a monstrous doctrine put into practice with -deliberate intent by the masters of Nazi Germany.</p> - -<p class='pindent'>From the National Socialist doctrine there arises directly the -immediately pursued perpetration of Crimes against Peace. As -early as February 1920, in the first program of the National Socialist -Party, Adolf Hitler had already outlined the future basis of German -foreign policy. But it was in 1924 in his Landsberg prison, while -writing <span class='it'>Mein Kampf</span>, that he gave a fuller development to his -views.</p> - -<p class='pindent'>According to <span class='it'>Mein Kampf</span> the foreign policy of the Reich must -have as its first objective to give back to Germany her -“independence and her effective sovereignty” which is clearly an -allusion to the articles of the Treaty of Versailles, referring to -disarmament and the demilitarization of the Rhineland. It would -then endeavor to reconquer the territories lost in 1919, and 15 years -before the outbreak of the second World War the question of Alsace -and Lorraine is clearly raised. It would also have to seek to extend -German territories in Europe, the frontiers of 1914 being “insufficient” -and it would be indispensable to extend them by including -“all Germans” in the Reich, beginning with the Germans of -Austria.</p> - -<p class='pindent'>After having reconstituted Greater Germany, National Socialism -will do everything necessary to “insure the means of existence” on -this planet to the race forming the state, by means, of establishing -a “healthy relation” between the size of the population and the -extent of the territory. By “healthy relation” is meant a situation -such that the subsistence of the people will be assured by the -resources of its own territory. “A sufficient living space on this -earth will alone insure to a people its liberty of existence.”</p> - -<p class='pindent'>But so far that is but a stage.</p> - -<div class='blockquote'> - -<p class='noindent'>“When a people sees its subsistence guaranteed by the extent -of its territory, it is nevertheless necessary to think of -insuring the security of that territory”—because the power -of a state “arises directly out of the military value of its -geographical situation.”</p> - -</div> - -<p class='pindent'>Those ends, Hitler adds, cannot be reached without war. It will -be impossible to obtain the re-establishment of the frontiers of -1914 “without bloodshed.” How much more impossible it would -be to acquire living space if one did not prepare for a “clash -of arms.”</p> - -<div class='blockquote'> - -<p class='noindent'>“It is in Eastern Europe, at the expense of Russia and the -neighboring countries that Germany must seek new territories. -We are stopping the eternal march of the Germans -<span class='pageno' title='380' id='Page_380'></span> -towards the South and the West of Europe and are casting -our eyes towards the East.”</p> - -</div> - -<p class='pindent'>But before anything, declares Hitler, it is necessary to crush -France’s tendency towards hegemony, and to have a “final settlement” -with this “mortal enemy.” “The annihilation of France will -enable Germany to acquire afterwards territories in the East.” The -“settlement of accounts” in the West is but a prelude. “It can be -explained only as the securing of our rear defenses in order to -extend our living space in Europe.”</p> - -<p class='pindent'>Henceforth, also, Germany will have to prevent the existence -near her territory of a “military power” which might become her -rival and to oppose “by all means” the formation of a state which -possibly might acquire sufficient strength to do so; and if that -state exists already, to “destroy” it is, for Germans, not only a -right but a duty. “Never permit”—recommends Hitler to his -compatriots, in a passage which he calls his political testament—“the -formation in Europe of two continental powers. In every -attempt to set up a second military power on Germany’s borders, -even if it were in the shape of a state which might possibly acquire -that power, you must see an attack on Germany.”</p> - -<p class='pindent'>War to reconquer the territories lost in 1919, war to annihilate -the power of France, war to acquire living space in eastern Europe, -war, finally, against any state which would be or which might -become a counter-weight to the hegemony of the Reich, that is -the plan of <span class='it'>Mein Kampf</span>.</p> - -<p class='pindent'>In this way, from the inception of National Socialism, he does -not recoil from any of the certainties of war entailed by the -application of his doctrines.</p> - -<p class='pindent'>In fact, from the moment of his accession to power, Hitler and -his companions devoted themselves to the military and diplomatic -preparation of the wars of aggression which they had resolved -to wage.</p> - -<p class='pindent'>It is true that, even before the accession to power of the -National Socialists, Germany had shown her determination to -reconstruct her armed forces, notably in 1932 when, on the -occasion of the Disarmament Conference, she demanded “equality -of rights” as regards armament; and Germany had already secretly -violated the articles of the Treaty of Versailles regarding disarmament. -But after the arrival of Hitler to power, German rearmament -was to be carried out at a vastly different rate.</p> - -<p class='pindent'>On 14 October 1933 the Reich left the Disarmament Conference -and made known 5 days later its decision to withdraw from the -League of Nations under the pretext that it was not granted -equality of rights in the matter of armament. France had, however, -expressed her readiness to accept equality of rights if Germany -<span class='pageno' title='381' id='Page_381'></span> -would first consent to an international control which would enable -the actual level of existing armaments to be determined. Germany -very obviously did not wish to agree to this condition, for an -international control would have revealed the extent of the -rearmament already carried out in secret by the Reich in violation -of the treaties. As a matter of fact, at a cabinet meeting which -took place on 13 October 1933, the minutes of which have been -found, Hitler had declared that he wished to “torpedo” the Disarmament -Conference. Under these conditions it is not surprising -that the attempts made to resume negotiations with Germany after -her withdrawal ended in failure.</p> - -<p class='pindent'>When 18 months later Hitler’s government decided to re-establish -conscription and to create immediately an army which -would, on a peace establishment, comprise 36 divisions, as well -as to create a military air force, it was breaking the engagements -which Germany had undertaken by the Treaty of Versailles. -However, on 3 February 1935, France and Great Britain had -suggested to the Reich that it resume its place in the League of -Nations and prepare a general disarmament convention which -would have been substituted for the military Articles of the Treaty. -At the moment when Hitler was on the point of obtaining, by -means of free negotiation, the abolition of the “unilateral burden” -which, as he said, the Treaty of Versailles laid on Germany, he -preferred to escape any voluntary limitation and any control of -armaments by a deliberate violation of a treaty.</p> - -<p class='pindent'>When it decided on 7 March 1936 to denounce the Treaty of -Locarno and to reoccupy at once the demilitarized Rhineland area, -thereby violating Articles 42 and 43 of the Treaty of Versailles, -the German government alleged that in so doing it was replying -to the pact concluded and signed on 2 May 1935, between France -and the U.S.S.R., and ratified on 27 February 1936 by the French -Chamber of Deputies. It alleged that this pact was contrary to -the Treaty of Locarno. This was a mere pretext which was taken -seriously by nobody. The Nazi leaders wanted to start building the -Siegfried Line as soon as possible in the demilitarized Rhineland -area, in order to thwart a military intervention which France might -attempt in order to assist her Eastern allies. The decision of -7 March 1936 was the prelude to the aggressions directed against -Austria, Czechoslovakia, and Poland.</p> - -<p class='pindent'>Internally, rearmament was achieved thanks to a plan of economic -and financial measures which affected every aspect of -national life. The entire economic system was directed towards the -preparation of war. The members of the government proclaimed -priority of armaments manufacture over all other branches of -production. Policy took precedence over economics. The Führer -declared: -<span class='pageno' title='382' id='Page_382'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“The people must be resigned for some time to having its -butter, fats, and meat rationed in order that rearmament -may proceed at the desired rate.”</p> - -</div> - -<p class='pindent'>The German people did not protest against this order. The state -intervened to increase the production of substitute goods which -would help to relieve the insufficiency of raw materials and would -enable the Reich, in the event of war, to maintain the level of -production necessary for the Army and Air Force, even if imports -were to become difficult or impossible. The Defendant Göring, in -September 1936, inspired the drawing up and directed the application -of the Four Year Plan which put Germany’s economic system -on a war footing. The expenses entailed by this rearmament were -assured thanks to the new system of work treaties. The Defendant -Schacht during the 3½ years he was at the head of the Reich -Ministry of Economics brought into being this financial machinery -and thereby played an outstanding role in military preparations as -he himself recalled, after he left the Ministry, in a speech that -he made in November 1938 at the Economic Council of the German -Academy.</p> - -<p class='pindent'>Germany thus succeeded in 3 years’ time in recreating a great -army and in creating on the technical plane an organization -entirely devoted to future war. On 5 November 1937, when -expounding his plan for home policy to his collaborators, Hitler -stated that rearmament was practically completed.</p> - -<p class='pindent'>THE PRESIDENT: Would that be a convenient time to break -off? We will adjourn, then, for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. DE MENTHON: While Hitler’s government was giving to -the Reich the economic and financial means for a war of aggression -he was carrying on simultaneously the diplomatic preparation of -that war by endeavoring to reassure the threatened nations during -the period which was indispensable to him for rearmament and by -endeavoring also to keep apart his eventual adversaries one from -the other.</p> - -<p class='pindent'>In a speech on 17 May 1933, Hitler, while asking for a revision -of the Treaty of Versailles, declared that he had no intention of -obtaining it by force. He stated that he admitted “the legitimate -exigencies of all peoples” and asserted that he did not want to -“germanize those who are not Germans.” He wished to “respect -the rights of other nationalities.”</p> - -<p class='pindent'>The German-Polish Non-Aggression Pact, concluded on 26 January -1934, which was to reassure for a time the Warsaw government -and to lull it into a state of false security, was principally intended -<span class='pageno' title='383' id='Page_383'></span> -to bar French policy from any action. In a work published in 1939 -entitled <span class='it'>Deutschlands Aussenpolitik 1933-39</span>, an official writer, Professor -Von Freytagh-Loringhoven, wrote that the essential purpose -of this pact was to paralyze the action of the Franco-Polish alliance -and to “overthrow the entire French system.”</p> - -<p class='pindent'>On 26 May 1935, 10 days after denouncing the military clauses of -the Treaty of Versailles, Germany started negotiations with Great -Britain which were to result in the Naval Agreement of 18 June -1935, negotiations which were intended to reassure British public -opinion by showing it that, while the Reich was desirous of -becoming once more a great military power, it was not thinking -of reconstituting a powerful fleet.</p> - -<p class='pindent'>Immediately following the plebiscite of 13 January 1935 which -decided the return of the Saar territory to the Reich, Hitler -formally declared “that he would make no further territorial -demands whatsoever on France.”</p> - -<p class='pindent'>He was to use the same tactics towards France until the end -of 1938. On 6 December 1938 Ribbentrop came to Paris to sign -the Franco-German Declaration which recognized “the frontiers as -definite” between the two countries, and which stated that the two -governments were resolved:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . under reservation of their particular relations with third -powers, to engage in mutual consultation in the event of -questions of common interests which might show a risk of -leading to international difficulties. . . .”</p> - -</div> - -<p class='noindent'>He was then still hoping, to quote the French Ambassador in Berlin, -to “stabilize peace in the West in order to have a free hand in -the East.”</p> - -<p class='pindent'>Did not Hitler make the same promises to Austria and Czechoslovakia? -He signed, on 11 July 1936, an agreement with the -Viennese government recognizing the independence of Austria, an -independence which he was to destroy 20 months later. By means -of the Munich Agreement on 29 September 1938, he promised -subsequently to guarantee the integrity of the Czech territory -which he invaded less than 6 months later.</p> - -<p class='pindent'>Nevertheless, as early as 5 November 1937, in a secret conference -held at the Reich Chancellery, Hitler had made known to -his collaborators that the hour had come to resolve by force the -problem of the living space required by Germany. The diplomatic -situation was favorable to Germany. She had acquired superiority -of armaments which ran the risk of being only temporary. Action -should be taken without further delay.</p> - -<p class='pindent'>Thereupon started the series of aggressions which have already -been detailed before this Court. It has also been shown to you -<span class='pageno' title='384' id='Page_384'></span> -that these various aggressions have been made in violation of international -treaties and of the principles of international law. As a -matter of fact, German propaganda did not challenge this at the -time. It merely stated that those treaties and those principles “had -lost any reality whatever with the passage of time.” In other -words, it simply denied the value of the word once pledged and -asserted that the principles which formed the basis of international -law had become obsolete. This is a reasoning which is in line with -the National Socialist doctrines which, as we have seen, do not -recognize any international law and state that any means is -justifiable if it is of a nature to serve the interests of the -German race.</p> - -<p class='pindent'>However, it is worth while examining the various arguments -which German propaganda made use of to justify the long-planned -aggression.</p> - -<p class='pindent'>Germany set forth, first of all, her vital interests. Can she not -be excused for neglecting the rules of international law when she -was engaged in a struggle for the existence of her people? She -needed economic expansion. She had the right and the duty to -protect the German minorities abroad. She was obliged to ward -off the encirclement which the Western powers were directing -against the Reich.</p> - -<p class='pindent'>Economic expansion was one of the reasons which Hitler put -forward, even to his direct associates, in the secret conferences -he held in 1937 and 1939 in the Reich Chancellery. “Economic -needs,” he said “are the basis of the policy of expansion of Italy -and of Japan. They also guide Germany.”</p> - -<p class='pindent'>But would not Hitler’s Germany have been able to seek to -satisfy these needs by peaceful means? Did she think of obtaining -new possibilities for her foreign commerce through commercial -negotiations? Hitler did not stop at such solutions. To solve the -German economic problems, he saw only one way—the acquisition -of agricultural territories—undoubtedly because he was incapable of -conceiving of these problems under any other form than that of -“war economy.” If he affirmed the necessity of obtaining this -“agricultural space”—to use his own words—it was because he saw -therein the means of obtaining for the German population the food -resources which would protect it against the consequences of a -blockade.</p> - -<p class='pindent'>The duty of protecting “the German minorities abroad” was the -favorite theme which Germany’s diplomacy made use of from 1937 -to 1939. It could obviously not serve as an excuse for the destruction -of the Czechoslovakian State or for the establishment of the -“German Protectorate of Bohemia-Moravia.” The fate of the -<span class='pageno' title='385' id='Page_385'></span> -“Sudeten Germans,” that of the “Danzig Germans” was the Leitmotiv -of the German press, of the Führer’s speeches, and of the -publications of Ribbentrop’s propaganda. Thus, is it necessary to -recall that in the secret conference of 5 November 1937, in which -Hitler draws up for his associates the plan of action to be carried -out against the Czechoslovakian State, he does not say one word -about the “Sudeten Germans” and to recall that in the conference -of 23 May 1939 he declares that Danzig is not the “principal point” -of the German-Polish controversy? The “right of nationalities” was, -therefore, in his mind only a propaganda method intended to mask -the real design, which was the conquest of “living space.”</p> - -<p class='pindent'>The encirclement directed by the Western Powers against the -Reich is the argument which Hitler used when, on 28 April 1939, -he denounced the Naval Agreement which he had concluded in -1935 with Great Britain. This thesis of encirclement occupied a -great deal of space in the German <span class='it'>White Book of 1939</span>, relative to -the origins of the war; but is it possible to speak of encirclement -when Germany had, in May 1939, obtained the alliance with Italy -and when, on 23 August 1939, she concluded the German-Russian -Pact, and can we forget that the diplomatic efforts of France and -of Great Britain in respect to Greece, Romania, Turkey, Poland, -are subsequent both to the destruction of the Czechoslovakian State -and to the beginning of the German-Polish diplomatic conflict. Had -not the British Prime Minister declared on 23 March 1939 before -the House of Commons that British policy had only two aims: To -prevent Germany from dominating Europe and “to oppose a -method which, by the threat of force, obliged the weak states to -renounce their independence”? What Hitler Germany called -“encirclement” was simply a fence, belatedly built in an attempt -to check measureless ambitions.</p> - -<p class='pindent'>But German propaganda did not limit itself to this. Did we -not see one of its spokesmen point to the contrast between the -passivity of France and Great Britain in September 1938 and the -resistance which they showed in 1939 to the Hitler policy, wherefrom -it was concluded that the peace would have been maintained if the -Western Powers had exercised pressure on Poland to bring it to -accept the German demands, as they had exercised pressure the -previous year on Czechoslovakia? A strange argument, which is -equivalent to saying that Germany would have been willing not -to make war if all the Powers had yielded to her will! Is it an -excuse for the perpetrators of these violations that France and -Great Britain had for a long time opposed the violations of international -law by Germany merely by platonic protests?</p> - -<p class='pindent'>Public opinion in France and Great Britain, deceived by Hitler’s -declarations, may have believed that the designs of National -<span class='pageno' title='386' id='Page_386'></span> -Socialism contemplated only settling the fate of German minorities; -it may have hoped that there was a limit to German ambitions; -and, ignorant as they were of the secret plans of which we have -proof today, France and Great Britain allowed Germany to rearm -and reoccupy the Rhineland at the very moment when, according -to the testimony of Ribbentrop himself, a military reaction on their -part would, in March 1936, have placed the Reich in a critical -situation. They permitted the aggression of March and September -1938, and it required the destruction of the Czechoslovakian State -to make the scope of the German plans clear to the Allies. How -can one be astonished that their attitude then changed and they -decided to resist the German plans? How could one still claim that -the peace could have been “bought” in August 1939 by concessions, -since the German secret documents prove that Hitler was determined -to attack Poland as early as May 1939, and that he would -have been “deeply disappointed” if she had yielded, and that he -wished a general war?</p> - -<p class='pindent'>In reality, the war was implied by the coming to power of the -National Socialists. Their doctrine inevitably led to it.</p> - -<p class='pindent'>As Sir Hartley Shawcross forcefully brought out before Your -High Tribunal, a war of aggression is self-evidently a violation of -international law and, more particularly, a violation of the General -Treaty for the Renouncement of War of 27 August 1928, under the -name of the Paris Pact, or the Kellogg-Briand Pact, of which -Germany is one of the signatories. This pact continues to constitute -a part of international law.</p> - -<p class='pindent'>May I reread Article I of this Treaty?</p> - -<div class='blockquote'> - -<p class='noindent'>“The High Contracting Parties solemnly declare, in the name -of their respective peoples, that they condemn recourse to -war for the solution of international controversies and -renounce it as an instrument of national policy in their -reciprocal relations.”</p> - -</div> - -<p class='pindent'>War of aggression thus ceased to be lawful in 1928.</p> - -<p class='pindent'>Sir Hartley Shawcross told you, with eloquence, that the Paris -Pact, a new law of civilized nations, was the foundation of a better -European order. The Paris Pact, which remains the fundamental -charter of the law of war, indeed marks an essential step in the -evolution of the relations between states. The Hague Conventions -had regulated the “law of the conduct of war.” They had instituted -the obligation of recourse to arbitration as a preliminary to any -conflict. They had, essentially, established a distinction between -acts of war to which international law and custom allow recourse -and those which it prohibits. The Hague Convention did not even -touch upon the principle of war which remained outside the legal -sphere. This is, in fact, what is brought into being by the Paris -<span class='pageno' title='387' id='Page_387'></span> -Pact, which regulates “the right of declaration of war.” Since 1928 -the international law of war has emerged from its framework of -regulations. It has gone beyond the empiricism of the Hague Convention -to qualify the legal foundation of recourse to force. Every -war of aggression is illegal, and the men who bear the responsibility -for bringing it about place themselves by their own will beyond -the law.</p> - -<p class='pindent'>What does this mean, if not that all acts committed as a consequence -of this aggression for the carrying on of the struggle thus -undertaken will cease to have the juridical character of acts of war?</p> - -<p class='pindent'>May I quote this well-known passage from Pascal?</p> - -<div class='blockquote'> - -<p class='noindent'>“Why do you kill me? Don’t you live on the other side of the -water? My friend, if you lived on this side, I would be an -assassin, and it would be unjust to kill you as I am doing, -but since you live on the other side, I am an honorable man, -and this is just.”</p> - -</div> - -<p class='pindent'>Acts committed in the execution of a war are assaults on persons -and goods which are themselves prohibited but are sanctioned in -all legislations. The state of war could make them legitimate only -if the war itself was legitimate. Inasmuch as this is no longer the -case, since the Kellogg-Briand Pact, these acts become purely and -simply common law crimes. As Mr. Justice Jackson has already -argued before you with irrefutable logic, any recourse to war is a -recourse to means which are in themselves criminal.</p> - -<p class='pindent'>This is the whole spirit of the Kellogg-Briand Pact. It was -intended to deprive the states which accepted it of the right of -having recourse, in their national interests, to a series of acts -directed against the physical persons or against the properties of -nationals of a foreign power. Given this formal commitment, those -who have ignored it have given the order to commit acts prohibited -by the common law of civilized states, and there is here involved -no special rule of international law like that which existed -previously and which left the said acts of war untouched by any -criminal qualifications.</p> - -<p class='pindent'>A war perpetrated in violation of international law no longer -really possesses the juridical character of a war. It is truly an -act of gangsterism, a systematically criminal undertaking.</p> - -<p class='pindent'>This war, or this would-be-war, is in itself not only a violation -of international law, but indeed a crime, since it signifies the -launching of this systematically criminal enterprise.</p> - -<p class='pindent'>Inasmuch as they could not legally have recourse to force, those -who dictated it, and who were the very organs of the state bound -by treaties, must be considered as the very source of the numerous -assaults upon life and property that are severely punished by all -penal law. -<span class='pageno' title='388' id='Page_388'></span></p> - -<p class='pindent'>One cannot, of course, deduce from the preceding the individual -responsibility of all the perpetrators of acts of violence. It is -obvious that, in an organized modern state, responsibility is -limited to those who act directly for the state, they alone being -in a position to estimate the lawfulness of the orders given. They -alone can be prosecuted and they must be prosecuted. International -law is sufficiently powerful that the prestige of the sovereignty of -states cannot reduce it to impotence. It is not possible to maintain -that crimes against international law must escape repressive action -because, on the one hand, the state is an entity to which one cannot -impute criminal intention and upon which one cannot inflict punishment -and, on the other, no individual can be held responsible for -the acts of the state.</p> - -<p class='pindent'>On the other hand, it cannot be objected that, despite the -illegality of the principle of recourse to force by Germany, other -states have admitted that war existed and speak of the application -of international law in time of war. It must, in fact, be noted that, -even in the case of civil war, the parties have often invoked these -rules which, to a certain extent, canalize the use of force. This -in no wise implies acquiescence in the principle of its use. -Moreover, when Great Britain and France communicated to the -League of Nations the fact that a state of war existed between -them and Germany as of 3 September 1939, they also declared that -in committing an act of aggression against Poland, Germany had -violated its obligations, assumed not only with regard to Poland -but also with regard to the other signatories of the Paris Pact. -From that moment on, Great Britain and France took cognizance, -in some way, of the launching of an illegal war by Germany.</p> - -<p class='pindent'>Recourse to war implies preparation and decision; it would be -futile to prohibit it, if one intended to inflict no chastisement upon -those who knowingly had recourse to it, though they had the power -of choosing a different path. They must, indeed, be considered the -direct instigators of the acts qualified as crimes.</p> - -<p class='pindent'>It seems to us that it is evident from all this that the Charter -of 8 August only established a jurisdiction to judge what was -already an international crime, not only before the conscience of -humanity but also according to international law, even before the -Tribunal was established.</p> - -<p class='pindent'>If it is not contested that a crime has really been committed, -is it possible to contest the competence of the International Tribunal -to judge it?</p> - -<p class='pindent'>There can, indeed, be no doubt that the states bound by the -treaty of 1928 had assumed international responsibilities towards -the co-signatories, should they act contrary to the agreements -undertaken. -<span class='pageno' title='389' id='Page_389'></span></p> - -<p class='pindent'>International responsibility normally involves the collective -state, as such, without in principle exposing the individuals who -have been the perpetrators of an illegal act. It is within the -framework of the state, with which an international responsibility -rests, that as a general rule the conduct of the men who are -responsible for this violation of international law may be appraised. -They are subject, as the case may be, to political responsibility or -to penal responsibility before the assemblies or the competent -jurisdictions.</p> - -<p class='pindent'>The reason for this is that normally the framework of the state -comprises the nationals: The order of the state assumes the exercise -of justice over a given territory and with regard to the individuals -whom it includes, and the failure of the state in the exercise of -this essential mission is followed by the reaction and the protests -of third powers, notably when their own nationals are involved.</p> - -<p class='pindent'>But in the present situation there is no German State.</p> - -<p class='pindent'>Since the Surrender Declaration of 5 May 1945 and until the -day when a government shall have been established by the agreement -of the four occupying Powers, there will be no organ -representing the German State. Under these conditions, it cannot -be considered that a German State juridical order exists, which -is capable of bringing the consequences arising from a recognition -of the responsibility of the Reich for the violation of the Kellogg-Briand -Pact to bear upon those individuals who are, in fact, the -perpetrators of this violation in their capacity as organs of the -Reich.</p> - -<p class='pindent'>Today supreme authority is being exercised over the whole -German territory, in regard to the entire German population, by -the Four Powers acting jointly. It must, therefore, be allowed that -the states which exercise supreme authority over the territory and -population of Germany can submit this guilt to a Court’s jurisdiction. -Otherwise, the proclamation that Germany has violated -the solemn covenant which it has undertaken, becomes meaningless.</p> - -<p class='pindent'>There is also involved a penal responsibility incurred for a -series of acts, qualified as crimes, which were committed against -nationals of the United Nations. These acts, which are not juridically -acts of war but which have been committed as such upon the -instigation of those who bear the responsibility for the launching of -the so-called war, who have committed aggression upon the lives and -the property of nationals of the United Nations, may, by virtue of -the territorial principle as we have shown above, be brought before -a jurisdiction constituted for this purpose by the United Nations, -even as war crimes, properly speaking, are now being brought -before the tribunals of each country whose nationals have been -victims hereof. -<span class='pageno' title='390' id='Page_390'></span></p> - -<p class='pindent'>Crimes committed by the Nazis in the course of the war, like the -war of aggression itself, will be, as Mr. Justice Jackson has -demonstrated to you, the manifestation of a concerted and methodically -executed plan.</p> - -<p class='pindent'>These crimes flow directly, like the war itself, from the -National Socialist doctrine. This doctrine is indifferent to the -moral choice of means to attain a final success, and for this -doctrine the aim of war is pillage, destruction, and extermination.</p> - -<p class='pindent'>Total war, totalitarian war in its methods and its aims, is -dictated by the primacy of the German race and the negation of -any other value. The Nazi conception maintains selection as a -natural principle. The man who does not belong to the superior -race counts for nothing. Human life and even less liberty, personality, -the dignity of man, have no importance when an adversary -of the German community is involved. It is truly “the return to -barbarism” with all its consequences. Logically consistent, National -Socialism goes to the length of assuming the right, either to -exterminate totally races judged hostile or decadent, or to subjugate -or put to use individuals and groups capable of resistance, in the -nations. Does not the idea of totalitarian war imply the annihilation -of any eventual resistance? All those who, in any way, may -be capable of opposing the New Order and the German hegemony -will be liquidated. It will thus become possible to assure an -absolute domination over a neighboring people that has been -reduced to impotence and to utilize, for the benefit of the Reich, -the resources and the human material of those people reduced to -slavery.</p> - -<p class='pindent'>All the moral conceptions which tended to make war more -humane are obviously outdated, and the more so, all international -conventions which had undertaken to bring some extenuation of the -evils of war.</p> - -<p class='pindent'>The conquered peoples must concur, willingly or by force, in -the German victory by their material resources, as well as by their -labor potential. Means will be found to subject them.</p> - -<p class='pindent'>The treatment to which the occupied countries will be subjected -is likewise related to this war aim. One could read in <span class='it'>Deutsche -Volkskraft</span> of 13 June 1935 that the totalitarian war will end in -a totalitarian victory. “Totalitarian” signifies the entire destruction -of the conquered nation and its complete and final disappearance -from the historic scene.</p> - -<p class='pindent'>Among the conquered peoples distinctions can be made according -to whether or not the National Socialists consider them as belonging -to the Master Race. For the former, an effort is made to integrate -them into the German Reich against their will. For the latter, there -<span class='pageno' title='391' id='Page_391'></span> -is applied a policy of weakening them and bringing about their -extinction by every means, from that of appropriation of their -property to that of extermination of their persons. In regard to -both groups, the Nazi rulers assault not only the property and -physical persons, but also the spirits and souls. They seek to align -the populations according to the Nazi dogma and behavior, when -they wish to integrate them in the German community; they apply -themselves at least to rooting out whatever conceptions are -irreconcilable with the Nazi universe; they aim to reduce to a -mentality and status of slaves, those men whose nationality they -wish to eradicate for the benefit of the German race.</p> - -<p class='pindent'>Inspired by these general conceptions as to the conduct to be -observed in occupied countries, the defendants gave special orders -or general directives or deliberately identified themselves with -such. Their responsibility is that of perpetrators, co-perpetrators, -or accomplices in the War Crimes systematically committed -between 1 September 1939 and 8 May 1945 by Germany at war. -They deliberately willed, premeditated, and ordered these crimes, -or knowingly associated themselves with this policy of organized -criminality.</p> - -<p class='pindent'>We shall expose the various aspects of this policy of criminality -as it was pursued in the occupied countries of Western Europe, by -dealing successively with Forced Labor, Economic Looting, Crimes -against Persons, and Crimes against Mankind.</p> - -<p class='pindent'>The conception of total war, which gave rise to all the crimes -which were to be perpetrated by the Nazi Germans in the occupied -countries, was the basis for the forced labor service. Through this -institution, Germany proposed to utilize to the maximum the labor -potential of the enslaved populations in order to maintain the German -war production at the necessary level. Moreover, there can -be no doubt that this institution was linked with the German -plan of “extermination through labor” of the populations adjoining -Germany which she regarded as dangerous or inferior.</p> - -<p class='pindent'>A document of the Supreme Command of the Armed Forces of -Germany, dated 1 October 1938, provided for the forced employment -of prisoners and civilians for war labor. Hitler in his speech -of 9 November 1941 “did not doubt for a moment that, in the -occupied territories which we control at present, we shall make the -last man work for us.” From 1942 on, it is under the admitted -responsibility of the Defendant Sauckel, acting together with the -Defendant Speer, under the control of the Defendant Göring, -General Plenipotentiary of the Four Year Plan, that obligatory -foreign labor, for the benefit of the war conducted by Germany, -was developed to the full. -<span class='pageno' title='392' id='Page_392'></span></p> - -<p class='pindent'>The most various methods of constraint were utilized simultaneously -or successively:</p> - -<p class='pindent'>First: Requisition of services under conditions incompatible with -Article 52 of the Hague Convention.</p> - -<p class='pindent'>Second: So-called voluntary labor, which consisted of bringing -a worker under pressure to sign a contract to work in Germany.</p> - -<p class='pindent'>Third: Conscription for obligatory labor.</p> - -<p class='pindent'>Fourth: The forcing of war prisoners to work for the German -war production and their transformation in certain cases into -so-called free workers.</p> - -<p class='pindent'>Fifth: The enrolling of certain foreign workers, notably French -(from Alsace or Lorraine) and Luxembourgers in the German -Labor Front.</p> - -<p class='pindent'>All these procedures constitute crimes contrary to international -law and in violation of Article 52 of the Hague Convention.</p> - -<p class='pindent'>These service requisitions were made under threat of death. -Voluntary labor recruiting was accompanied by individual measures -of constraint, obliging the workers of occupied territories to sign -contracts. The duration of these pseudo-contracts was subsequently -prolonged unilaterally and illegally by the German authorities.</p> - -<p class='pindent'>The failure of these measures of requisition or the voluntary -recruitment of labor led the German authorities everywhere to -have recourse to conscription. Hitler declared on 19 August 1942 -in a conference on the Four Year Plan, which was reported by the -Defendant Speer, that Germany “had to proceed to forced recruiting -if sufficient labor was not obtained on a voluntary basis.” On -7 November 1943 the Defendant Jodl declared in the course of a -speech given in Munich before the Gauleiter:</p> - -<div class='blockquote'> - -<p class='noindent'>“In my opinion the time has come to take vigorous, resolute, -and hard measures in Denmark, in Holland, in France, and -in Belgium in order to force thousands of idle men to carry -out this most important work of fortification.”</p> - -</div> - -<p class='pindent'>Having accepted the principle of force, the Germans made use -of two complementary methods: Legal constraint, consisting of -promulgating laws regulating obligatory labor; and restraint in -fact, consisting of taking necessary measures to oblige workers -under penalty of grave sanctions to conform to the issued -legislation.</p> - -<p class='pindent'>The basis of the legislation on forced labor is the decree of -22 August 1942 of the Defendant Sauckel, who formulated the -charter of forced recruiting in all the occupied countries.</p> - -<p class='pindent'>In France, Sauckel got the so-called Government of Vichy to -publish the law of 4 September 1942. This law effected the freezing -of all manpower in industries and anticipated the possibility of a -<span class='pageno' title='393' id='Page_393'></span> -requisition of all Frenchmen who might be employed in any work -useful to the enemy. All Frenchmen from 18 to 50 years of age, -who did not have a job which occupied them more than 30 hours -a week, had to prove that they were usefully employed to meet the -needs of the country. A decree of 19 September 1942 and an -enabling directive of 24 September regulated the various provisions -of this announcement. The law of 4 September 1942 had been -published by the so-called Government of Vichy, following strong -pressure exercised by the occupation authorities. Specifically, -Dr. Michel, Chief of the Administrative Staff of the German -Military Command in France, wrote on 26 August 1942 a threatening -letter to the Delegate General for Franco-German Economic -Relations, requesting him that the law be published.</p> - -<p class='pindent'>In 1943, Sauckel obtained from the <span class='it'>de facto</span> authority a directive -under date of 2 February, stipulating a census of all male Frenchmen -born between 1 January 1912 and 31 December 1921. He also -obtained the passing of the law of 16 February, establishing the -Bureau of Compulsory Labor for all young men from 20 to 22 years -of age. On 9 April 1943, Gauleiter Sauckel requested the deportation -of 120,000 workers for the month of May and another 100,000 for -the month of June. To accomplish this, the so-called Government -of Vichy proceeded to mobilize the entire military conscription -class of 1942. On 15 January 1944 Sauckel requested the <span class='it'>de facto</span> -French authorities to deliver 1 million men for the first 6 months -of the year; and he caused the adoption of the regulation designated -as the law of 1 February 1944, which extended the possibility of -impressing all men from 16 to 60 years of age and women from -the age of 18 to 45 for forced labor.</p> - -<p class='pindent'>Similar measures were taken in all occupied countries.</p> - -<p class='pindent'>In Norway, the German authorities imposed on the so-called -Government of Quisling the publication of a law dated 3 February -1943, which established the compulsory registration of Norwegian -citizens and prescribed their forced enrollment. In Belgium and in -Holland, the Bureau of Compulsory Labor was organized directly -by ordinances of the occupying power. In Belgium the ordinances -were promulgated by the military command, and in Holland by the -Defendant Seyss-Inquart, who was Reich Commissar for the -occupied Netherland territories. In both of these countries the -development of a compulsory labor policy followed the same -pattern. Compulsory labor was at first required only within the -occupied territories. It was soon extended in order to permit the -deportation of workers to Germany. This was achieved, in the case -of Holland, by the ordinance of 28 February 1941 and in Belgium -by the ordinance of 6 March 1942 which established the principle -of forced labor. The principle of deportation was formulated in -<span class='pageno' title='394' id='Page_394'></span> -Belgium by means of the ordinance of 6 October 1942, and in -Holland by the ordinance of 23 March 1942.</p> - -<p class='pindent'>In order to ensure the efficiency of these legal provisions, brutal -compulsion was exercised in all countries; numerous round-ups in -all large cities. For example, 50,000 persons were arrested in -Rotterdam on 10 and 11 November 1944.</p> - -<p class='pindent'>Even more serious than the forced labor of civilian population -was the incorporation of laborers from occupied countries in the -labor service of the Reich. This incorporation was not merely the -conscription of laborers but the application of German legislation -to the nationals of occupied countries.</p> - -<p class='pindent'>In the face of the patriotic resistance of the workers of the -different occupied countries, the important results which the -German Labor Office had anticipated were far from being fulfilled. -However, a large number of workers from the occupied countries -were forced to work for the German war effort.</p> - -<p class='pindent'>With regard to the Todt Organization, the laborers who were -employed in the West in the construction of the Atlantic Wall -totalled 248,000 at the end of March 1943. In the year 1942, -3,300,000 workers from occupied countries worked for Germany in -their own country; among others, 300,000 of these were in Norway, -249,000 in Holland, 650,000 in France. The number of workers -deported to Germany and coming from the occupied territories in -the West increased in 1942 to the figure of 131,000 Belgians, 135,000 -Frenchmen, 154,000 Hollanders. On 30 April 1943, 1,293,000 workmen, -of whom 269,000 were women, from the occupied territories -in the West were working for the German War Economy.</p> - -<p class='pindent'>On 7 July 1944, Sauckel stated that the number of workers deported -to Germany during these first 6 months of 1944 reached a total of -537,000, of which 33,000 were Frenchmen. On the 1st of March 1944 -he acknowledged, during a conference held by the Central Office -of the Four Year Plan, that there were in Germany 5 million foreign -workers, of whom 200,000 were actually volunteers.</p> - -<p class='pindent'>The report of the French Ministry for prisoners, deportees, and -refugees, gives the figure of 715,000 for the total number of men -and women who had been deported.</p> - -<p class='pindent'>It should be added that, contrary to international law, the -workers who were transported to Germany had to work under -labor conditions and living conditions that were incompatible with -the most rudimentary regard for human dignity. The Defendant -Sauckel has himself stated that foreign workers, who could achieve -substantial production, should be fed so that they could be exploited -as completely as possible with the minimum of expense, adding that -they should receive less food the moment their production began -<span class='pageno' title='395' id='Page_395'></span> -to decrease and that no concern should be given to the fate of -those whose production capacity no longer presented any interest. -Special reprisal camps were organized for those who sought to -avoid the compulsion imposed on them. An order of 21 December -1942 stipulated that unwilling workers should be sent, without -trial, to such camps. In 1943 Sauckel, during an inter-ministerial -conference, stated that the co-operation of the SS was essential to -him in order to fulfill the task with which he had been entrusted. -Thus, the crime of forced labor and of deportation gave rise to a -whole series of additional crimes against persons.</p> - -<p class='pindent'>The work required of war prisoners did not remain within the -legal limits authorized by international law any more than did that -of the civilian laborers. National Socialist Germany obliged -prisoners of war to work for the German war production, in violation -of Articles 31 and 32 of the Geneva Convention.</p> - -<p class='pindent'>National Socialist Germany, while exploiting to the fullest -extent for the war effort prisoners as well as workers from occupied -territories against all international conventions, was at the same -time seizing, by every possible means, the wealth of these countries. -German authorities applied systematic pillage in these countries. -By economic pillage we mean both the taking away of goods of -every type and the exploitation, on the spot, of the national -resources for the benefit of Germany’s war.</p> - -<p class='pindent'>This pillage was methodically organized.</p> - -<p class='pindent'>The Germans began by making sure that they had in their -possession, in all countries, the necessary means for payment. Thus, -they insured that they could seize, with the appearance of legality, -the wealth which they coveted. After freezing the existing -purchasing power, they required enormous payments under the -pretext of indemnity for the maintenance of occupation troops.</p> - -<p class='pindent'>It should be recalled that, according to the terms of the Hague -Convention, occupied countries may be obliged to assume the burden -of the expenses caused by the maintenance of an army of occupation. -But the amounts that were exacted under this by the -Germans were only remotely related to the actual costs of -occupation.</p> - -<p class='pindent'>Moreover, they forced the occupied countries to accept a -clearing system which operated practically for the exclusive profit -of Germany. Imports from Germany were almost nonexistent; the -goods exported to Germany by the occupied countries were subject -to no regulation.</p> - -<p class='pindent'>In order to maintain for the purchasing balance thus created -a considerable purchasing power, the Germans endeavored everywhere -to achieve the stabilization of prices and imposed a severe -rationing system. This rationing system, which left the population -<span class='pageno' title='396' id='Page_396'></span> -with a quantity of inferior goods which was less than the minimum -indispensable for their existence, afforded the additional advantage -of preserving for the benefit of the Germans the greatest possible -portion of the production.</p> - -<p class='pindent'>Thus, the Germans seized a considerable part of the stocks and -of the production as a result of operations which had the appearance -of legality (requisitions, purchases made with German -priority coupons, individual purchase). These transactions were -completed by other operations of a clandestine character, which -were carried out in violation of the official regulations imposed, -frequently by the Germans themselves. Thus, the Germans had -created a whole organization for black market purchases. For -example, one may read in a report of the German Foreign Ministry -of 4 September 1942 that the Defendant Göring had ordered that -purchases on the black market should henceforth extend to goods -which until then had not been included, such as household goods; -and he prescribed further that all goods which could be useful to -Germany should be collected, even if as a result certain signs of -inflation appeared in the occupied countries.</p> - -<p class='pindent'>While they were transporting to Germany the maximum -quantity of goods of every description, after requisitioning without -payment or by paying with bills which they had irregularly -obtained by a simple entry in the clearing account, the Nazi leaders -were at the same time endeavoring to impose the resumption of -activity in industry for the benefit of Germany’s war.</p> - -<p class='pindent'>German industrialists had received instructions ordering them -to divide among themselves the enterprises in the occupied areas -which had engaged in a production similar to their own. While -having to carry out these orders, these industrialists were required -to place such industries in occupied countries firmly under their -control by means of different types of financial combinations.</p> - -<p class='pindent'>The appearance of monetary legality or contractual legality -could in no way hide the fact that economic looting was systematically -organized, contrary to the stipulations of the International -Convention of The Hague. If, according to the stipulations of this -Convention, Germany had the right to seize whatever was -indispensable for the maintenance of the troops necessary for the -occupation, all seizures in excess of these requirements undoubtedly -constitute a war crime, which brought about the economic ruin of -the occupied countries, a long-range weakening of their economic -potential and of their means of subsistence, as well as the general -undernourishment of the populations.</p> - -<p class='pindent'>Exact estimates of German transactions in the economic field -cannot be formulated at this time. It would be necessary for this -<span class='pageno' title='397' id='Page_397'></span> -purpose to study in detail the activities of several countries over -a period of more than 4 years.</p> - -<p class='pindent'>Nevertheless it has been possible to bring out precisely certain -facts and to give minimum estimates of German spoliations with -respect to the different occupied countries.</p> - -<p class='pindent'>In Denmark, which was the first country in western Europe to -be invaded, the value of German seizures was nearly 8,000 million -crowns. In Norway, Germany’s spoliations exceed a total value of -20,000 million crowns.</p> - -<p class='pindent'>In the Netherlands, German pillage was effected to such an -extent that although Holland is one of the richest countries in the -world in relation to its population, it is today almost completely -ruined and the financial charges imposed by the occupant exceed -20,000 million guilders.</p> - -<p class='pindent'>In Belgium, through various schemes, notably the system of -occupation indemnity and clearing, the Germans seized far more -than 130,000 million Belgian francs of payment balances. The Grand -Duchy of Luxembourg also suffered important losses as a result of -the action of the occupying power.</p> - -<p class='pindent'>Finally in France the levying of taxes on means of payments -reached a total of 745,000 million francs. In this sum we have not -included the 74,000 million francs, which represents the maximum -figure which Germany could legally demand for the maintenance -of her army of occupation. (Moreover, the seizure of 9,500 million -in gold was calculated according to the rate of 1939.)</p> - -<p class='pindent'>In addition to the goods settled for in the occupied countries -by Germany, by means of payment extorted from these countries, -enormous quantities of goods of every character were purely and -simply requisitioned without any indemnity, seized without any -explanation, or else stolen. The occupying authorities not only took -all raw materials and manufactured goods which could be useful -to their war efforts, but they extended their seizures to everything -that might help to procure them a credit balance in neutral countries, -such as movables, jewels, luxury goods, and objects of all -kinds. Finally, the art treasures of the countries of western Europe -were likewise looted in the most shameful manner.</p> - -<p class='pindent'>The considerable sums which Germany was able to obtain by -abusing her power, contrary to all the principles of international law, -without providing any compensation, enabled her to carry out with -the appearance of legality, the economic looting of France and of -the other countries of western Europe. The consequence for these -countries, from the economic viewpoint, is a loss of their strength -which will take long to repair. -<span class='pageno' title='398' id='Page_398'></span></p> - -<p class='pindent'>But the most serious consequence of these practices affected the -population itself. For more than 4 years the people of the occupied -countries were exposed to a regime of slow starvation, which -resulted in an increase in the death rate, a breaking down of the -physical stamina of the population and, above all, an alarming -deficiency in the growth of children and adolescents.</p> - -<p class='pindent'>Such practices perpetrated and consummated systematically by -the German leaders, contrary to international law and specifically -contrary to the Hague Convention, as well as contrary to the -general principles of criminal law in force in all civilized nations, -constitute War Crimes for which they must answer before Your -High Tribunal.</p> - -<p class='pindent'>THE PRESIDENT: Would that be a convenient time to break off?</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='399' id='Page_399'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>M. DE MENTHON: Crimes against the physical person—arbitrary -imprisonment, ill-treatment, deportations, murder committed -by the Germans in the occupied countries—reached proportions -beyond imagination, even in the course of a world conflict, and -took the most odious forms.</p> - -<p class='pindent'>These crimes spring directly from the Nazi doctrine and testify -to the Reich leaders’ absolute disregard for the human individual, -to the abolition of any sense of justice or even of pity, to a total -subordination of any and all human consideration on the part of -the German community.</p> - -<p class='pindent'>All these crimes are linked to a policy of terrorism. Such a -policy permits the subjugation of occupied countries without -involving a large deployment of troops and their submission to -anything that might be demanded of them. Many of these crimes -are moreover tied up with the will to exterminate.</p> - -<p class='pindent'>We shall examine in succession executions of hostages, police -crimes, deportations, crimes involving prisoners of war, terroristic -activities against the Resistance, and the massacre of civilian -populations.</p> - -<p class='pindent'>A. The execution of hostages constitutes in all countries the first -act of terrorism on the part of German occupation troops. From -1940 on, the German command, notably in France, carried out -numerous executions as reprisals for any crime against the German -Army.</p> - -<p class='pindent'>These practices, contrary to Article 50 of the Hague Convention -which forbids collective sanctions, awaken everywhere a feeling -of horror and frequently produce a result contrary to the one -sought, by arousing the populations against the occupant.</p> - -<p class='pindent'>The occupying authorities then endeavored to legalize such -criminal practices, thus seeking to have them recognized by the -populations as “the right” of the occupying power. Veritable -“codes for hostages” were promulgated by the German military -authorities.</p> - -<p class='pindent'>Following the general order issued by the Defendant Keitel on -16 September 1941, Stülpnagel published in France his ordinance -of 30 September 1941. According to the terms of this ordinance, -all Frenchmen held by German authorities for any reason -whatsoever were to be considered as hostages, as well as all -Frenchmen who were in the custody of the French authorities on -behalf of German organizations. The ordinance of Stülpnagel -specifies:</p> - -<div class='blockquote'> - -<p class='noindent'>“At the time of the burial of the bodies, burial in a common -grave of a rather large number of persons in a particular -<span class='pageno' title='400' id='Page_400'></span> -cemetery must be avoided, since this would create a shrine -for pilgrims which now or later might become a center for -the stimulation of anti-German propaganda.”</p> - -</div> - -<p class='pindent'>In carrying out this ordinance the most infamous executions of -hostages were committed.</p> - -<p class='pindent'>Following the murder of two German officers, one in Nantes on -2 October 1941 and the other at Bordeaux a few days thereafter, -the German authorities had 27 hostages shot at Châteaubriant and -21 at Nantes.</p> - -<p class='pindent'>On 15 August 1942, 96 hostages were shot at Mon-Valérien.</p> - -<p class='pindent'>In September 1942 an assault had been committed against -German soldiers in the Rex motion picture house in Paris. One -hundred sixteen hostages were shot.</p> - -<p class='pindent'>Forty-six hostages were taken from the hostage depot of the -Fortress at Romainville and 70 from Bordeaux.</p> - -<p class='pindent'>In reprisal for the murder of a German official of the labor -front 50 hostages were shot in Paris at the end of September 1943.</p> - -<p class='pindent'>Threats of reprisals on the families of the patriots of the -Resistance are related to the same odious policy of hostages. The -Kommandantur published the following notice in the <span class='it'>Pariser -Zeitung</span> of 16 July 1942:</p> - -<div class='blockquote'> - -<p class='noindent'>“Near male relatives, brothers-in-law, and cousins of the -‘agitators’ above the age of 18 years will be shot.</p> -<hr class='tbk432'/> -<p class='noindent'>“All female family members of the same degree of relationship -shall be condemned to forced labor.</p> -<hr class='tbk433'/> -<p class='noindent'>“Children less than 18 years of age of all above-mentioned -persons shall be sent to a house of correction.”</p> - -</div> - -<p class='pindent'>The executions of hostages continued everywhere until the -liberation, but in the last period they were no more than one -additional feature in the methods of German terrorism, then grown -more sweeping.</p> - -<p class='pindent'>B. Among the crimes against persons of which the civilian -populations of the occupied countries of the West were victims, -those committed by the Nazi police organizations are the most -revolting. The intervention of the German police who, in spite of -certain appearances, did not belong to the armies of occupation, is -in itself contrary to international law. Their crimes, particularly -hateful in the complete disregard for human dignity that they -imply, were multiplied during 4 years throughout all the territories -of the West occupied by the German forces.</p> - -<p class='pindent'>True, no definite order, no detailed directive emanating directly -from one of the defendants or from one of their immediate subordinates -and valid for all the German police or for the police -of the occupied territories of the West, has been found. But these -<span class='pageno' title='401' id='Page_401'></span> -crimes were committed by a police that was a direct expression -of the National Socialist ideology and the undeniable instrument -of National Socialist policy for which all the defendants carry the -full and entire responsibility.</p> - -<p class='pindent'>Before the considerable mass of acts, their similarity, their -simultaneousness, their generalization in time and place, no one -would be able to deny that these acts are not only the individual -responsibility of those who committed them here or there, but -constitute as well the execution of orders from above.</p> - -<p class='pindent'>The arrests took place without any of the elementary guarantees -recognized in all civilized countries. On a simple, unverified -denunciation, without previous investigation, and often on charges -brought by persons not qualified to bring them, masses of arbitrary -arrests took place in every occupied country.</p> - -<p class='pindent'>During the first period of the occupation, the Germans nevertheless -simulated a scrupulous respect for “legality” in the matter of -arrests. This legality was that introduced by Nazism in the interior -of Germany and did not respect any of the traditional guarantees -to which the individuals in civilized countries are entitled. But, -rapidly, even this pseudo-legality itself was abandoned and the -arrests became absolutely arbitrary.</p> - -<p class='pindent'>The worst treatments were applied to arrested persons even -before the guilt of the accused had been examined. The use of -torture in the interrogations was almost a general rule. The -tortures usually applied were beating, whipping, chaining for -several days without a moment of rest for nourishment or hygienic -care, immersion in ice water, drowning in a bathtub, charging the -bathwater with electricity, electrification of the most sensitive parts -of the body, burns at certain places on the body, and the pulling -out of fingernails. But, in addition, those who carried out these -measures had every latitude for unleashing their instinct of cruelty -and of sadism towards their victims. All those facts, which were of -public knowledge in the occupied countries, never led to any -punishment whatsoever of their authors on the part of the -responsible authorities. It even seems that the torture was more -severe when an officer was present.</p> - -<p class='pindent'>It is undeniable that the actions of the German police towards -the prisoners were part and parcel of a long premeditated system -of criminality, ordered by the chiefs of the regime and executed -by the most faithful members of the National Socialist organizations.</p> - -<p class='pindent'>Aside from the general use of torture on prisoners, the German -police perpetrated a considerable number of murders. It is impossible -to know the conditions under which many of these murders -were carried out. Nevertheless, we have enough information to -permit us to discover in them a new expression of the general -<span class='pageno' title='402' id='Page_402'></span> -policy of the National Socialists in the occupied countries. Often the -deaths were only the result of the tortures inflicted on the prisoners, -but often the murder was deliberately desired and carried out.</p> - -<p class='pindent'>C. The crime which will undoubtedly be remembered as the -most horrible among those committed by the Germans against the -civilian populations of the occupied countries was that of deportation -and internment in the concentration camps of Germany.</p> - -<p class='pindent'>These deportations had a double aim: To secure additional labor -for the benefit of the German war machine; to eliminate from the -occupied countries and progressively exterminate the elements most -opposed to Germanism. They served likewise to empty prisons -overcrowded with patriots and to remove the latter for all time.</p> - -<p class='pindent'>The deportations and the methods employed in the concentration -camps were a stupefying revelation for the civilized world. -Nevertheless, they also are only a natural consequence of the -National Socialist doctrine, according to which man, of himself, -has no value except when he is of service to the German race.</p> - -<p class='pindent'>It is not possible to give exact figures. It is probable that one -would make an understatement when speaking of 250,000 for -France; 6,000 for Luxembourg; 5,200 for Denmark; 5,400 for Norway; -120,000 for Holland; and 37,000 for Belgium.</p> - -<p class='pindent'>The arrests are founded, now under a pretext of a political -nature, now on a pretext of a racial nature. In the beginning they -were individual; subsequently they took on a collective character, -particularly in France since the end of 1941. Sometimes the deportation -did not come until after long months of prison, but more -often the arrest was made directly with a view to deportation under -the system of “protective custody.” Everywhere imprisonment in -the country of origin was accompanied by brutality, often by -tortures. Before being sent to Germany, the deportees were, in -general, concentrated in an assembly camp. The formation of a -convoy was often the first stage of extermination. The deportees -travelled in cattle cars, 80 to 120 per car, no matter what the -season. There were few convoys where no deaths occurred. In -certain transports the proportion of deaths was more than 25 percent.</p> - -<p class='pindent'>The deportees were sent to Germany, almost always to concentration -camps, but sometimes also to prisons.</p> - -<p class='pindent'>Admitted to the prisons were those deportees who had been -condemned or were awaiting trial. The prisoners there were -crowded together under inhumane conditions. Nevertheless, the -prison regime was generally less severe than conditions in the -camps. The work there was less out of proportion to the strength -of the prisoners, and the prison wardens were more humane than -the SS in the concentration camps. -<span class='pageno' title='403' id='Page_403'></span></p> - -<p class='pindent'>It appears to have been the plan, followed by the Nazis in the -concentration camps, gradually to do away with the prisoners; but -only after their working strength had been used to the advantage -of the German war effort.</p> - -<p class='pindent'>The Tribunal has been told of the almost inconceivable treatment -inflicted by the SS on the prisoners. We shall take the liberty -of going into still further detail during the course of the statement -of the French Prosecution, for it must be fully known to what -extent of horrors the Germans, inspired by National Socialist -doctrine, could stoop.</p> - -<p class='pindent'>The most terrible aspect was perhaps the desire to create moral -degradation and debasement in the prisoner until he lost, if -possible, all semblance of a human individual.</p> - -<p class='pindent'>The usual living conditions imposed on the deportees in the -camps were sufficient to ensure slow extermination through inadequate -feeding, bad sanitation, cruelty of the guards, severity of -discipline, strain of work out of proportion to the strength of the -prisoner, and haphazard medical service. Moreover, you already -know that many did not die a natural death, but were put to death -by injections, gas chambers, or inoculations of fatal diseases. But -more speedy extermination was often the case; it was often brought -about by ill-treatment: communal ice-cold showers in winter in -the open air, prisoners left naked in the snow, cudgelling, dog -bites, hanging by the wrists.</p> - -<p class='pindent'>Some figures will illustrate the result of these various methods -of extermination. At Buchenwald, during the first 3 months of 1945, -there were 13,000 deaths out of 40,000 internees. At Dachau, 13,000 -to 15,000 died in the 3 months preceding the liberation. At Auschwitz, -a camp of systematic extermination, the number of murdered -persons came to several millions.</p> - -<p class='pindent'>As to the total number of those deported from France, the -official figure is as follows: Of 250,000 deported only 35,000 -returned.</p> - -<p class='pindent'>The deportees served as guinea pigs for numerous medical, -surgical, or other experiments which generally led to their death. -At Auschwitz, at Struthof, in the prison at Cologne, at Ravensbrück, -at Neuengamme, numerous men, women, and children were -sterilized. At Auschwitz the most beautiful women were set apart, -artificially fertilized, and then gassed. At Struthof a special -barrack, isolated from the others by barbed wire, was used to -inoculate men in groups of 40 with fatal illnesses. In the same -camp women were gassed while German doctors observed their -reactions through a peephole arranged for this purpose. Extermination -was often directly effected by means of individual or collective -<span class='pageno' title='404' id='Page_404'></span> -executions. These were carried out by shooting, by hanging, by -injections, by gas vans, or gas chamber.</p> - -<p class='pindent'>I should not wish to stress further the facts, already so -numerous, submitted to Your High Tribunal during the preceding -days by the American Prosecution, but the representative of France, -so many of his people having died in these camps after horrible -sufferings, could not pass in silence over this tragic example of -complete inhumanity. This would have been inconceivable in the -20th century, if a doctrine of return to barbarism had not been -established in the very heart of Europe.</p> - -<p class='pindent'>D. Crimes committed against prisoners of war, although less -known, bear ample testimony to the degree of inhumanity which -Nazi Germany had attained.</p> - -<p class='pindent'>To begin with, the violations of international conventions committed -against prisoners of war are numerous. Many were forced -to travel on foot, almost without food, for very long distances. -Many camps had no respect for even the most elementary rules of -hygiene. Food was very often insufficient; thus a report from the -WFSt of the OKW dated 11 April 1945 and annotated by the -Defendant Keitel, shows that 82,000 prisoners of war interned in -Norway received the food strictly indispensable to the maintenance -of life on the assumption that they were not working, whereas -30,000 of them were really employed on heavy work.</p> - -<p class='pindent'>In agreement with the Defendant Keitel, acting at the request -of the Defendant Göring, camps for prisoners belonging to the -British and American Air Forces were established in towns which -were exposed to air raids.</p> - -<p class='pindent'>In violation of the text of the Geneva Convention, it was -decided, at a conference held at the Führer’s headquarters on -27 January 1945, in the presence of the Defendant Göring, to -punish by death all attempts to escape made by prisoners of war -when in convoy.</p> - -<p class='pindent'>Besides all these violations of the Geneva Convention, numerous -crimes were committed by the German authorities against prisoners -of war: Execution of captured allied airmen, murder of -commando troops, collective extermination of certain prisoners of -war for no reason whatsoever—for example the matter of 120 -American soldiers at Malmédy on 27 January 1945. Parallel with -“Nacht und Nebel,” an expression for the inhumane treatment -inflicted on civilians, can be put down the “Sonderbehandlung,” a -“special treatment” of prisoners of war, in which these disappeared -in great numbers.</p> - -<p class='pindent'>E. The same barbarism is found in the terroristic activity carried -out by the German Army and Police against the Resistance. -<span class='pageno' title='405' id='Page_405'></span></p> - -<p class='pindent'>The order of the Defendant Keitel of 16 September 1941, which -may be considered as a basic document, certainly has as a purpose -the fight against the Communist movements; but it anticipates that -resistance to the army of occupation can come from other than -Communist sources and decides that every case of resistance is to -be interpreted as having a Communist origin.</p> - -<p class='pindent'>As a matter of fact, in carrying out this general order to -annihilate the Resistance by every possible means, the Germans -arrested, tortured, and massacred men of all ranks and all classes. -To be sure, the members of the Resistance rarely complied with -the conditions laid down by the Hague Conventions, which would -qualify them to be considered as regular combat forces; they could -be sentenced to death as <span class='it'>francs-tireurs</span> and executed. But they -were assassinated without trial in most cases, often after having -been terribly tortured.</p> - -<p class='pindent'>After the liberation, numerous charnel-houses were discovered -and the bodies examined by doctors: They bore obvious traces of -extreme brutal treatment, cranial tissue was pulled out, the spinal -column had been dislocated, the ribs had been so badly fractured -that the chest had been entirely crushed and the lungs perforated, -hair and nails had been pulled out. It is impossible to determine -the total number of the victims of German atrocities in the fight -against the Resistance. It is certainly very high. In the department -of the Rhône alone, for example, the bodies of 713 victims were -discovered after the liberation.</p> - -<p class='pindent'>An order of 3 February 1944 of the Commander-in-Chief of the -forces in the West, signed “By order General Sperrle,” laid down -for the fight against the terrorists immediate reply by fire-arms -and the immediate burning down of all houses from which shots -had come:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is of little importance”—the text adds—“that innocent -people should suffer. It will be the fault of the terrorists. All -commanders of troops who show weakness in repressing the -terrorists will be severely punished. On the other hand, those -who go beyond the orders received and are too severe will -incur no penalty.”</p> - -</div> - -<p class='pindent'>The war diary of Von Brodowski, commanding Liaison Headquarters -Number 588, at Clermont-Ferrand, gives irrefutable -examples of the barbarous forms which the Germans gave to the -struggle against the Resistance. The resisters caught were almost -all shot on the spot. Others were turned over to the SD or the -Gestapo to be subjected first to torture. The diary of Brodowski -mentions “the cleaning up of a hospital” or “liquidation of an -infirmary.” -<span class='pageno' title='406' id='Page_406'></span></p> - -<p class='pindent'>The struggle against the Resistance had the same atrocious -character in all the occupied territories of the West.</p> - -<p class='pindent'>F. The last months of the German occupation were characterized -in France by a strengthening of the policy of terrorism which -multiplied the crimes against the civilian population. The crimes -which we are going to consider were not isolated acts committed -from time to time in this or that locality, but were acts perpetrated -in the course of extensive operations, the high number of which -can be explained only by general orders.</p> - -<p class='pindent'>The perpetrators of these crimes were frequently members of -the SS, but the military command shares responsibility for them. -In a directive entitled “Fight against the Partisan Bands,” dated -6 May 1944, the Defendant Jodl states that:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . the collective measures to be taken against the inhabitants -of entire villages (including the burning down of these -villages) are to be ordered exclusively by the division -commanders or the heads of the SS and of the police.”</p> - -</div> - -<p class='pindent'>The war diary of Von Brodowski mentions the following: “It is -understood that the leadership of the Sipo and of the SD shall be -subordinate to me.”</p> - -<p class='pindent'>These operations are supposedly measures of reprisal which -were caused by the action of the Resistance. But the necessities of -war have never justified the plundering and heedless burning -down of towns and villages nor the blind massacres of innocent -people. The Germans killed, plundered, burned down, very often -without any reason whatsoever, whether in Ain, in Savoie, Lot, -or Tarn-and-Garonne, in Vercors, Corréze, in Dordogne. Entire -villages were burned down at a time when the nearest armed -groups of the Resistance were tens of kilometers away and the -population of these villages had not made a single hostile gesture -towards the German troops.</p> - -<p class='pindent'>The two most typical examples are those of Maillé (in Indre-et-Loire) -where on 25 August 1944, 52 buildings out of 60 were -destroyed and 124 people were killed; and that of Oradour-sur-Glane -(in the Haute-Vienne). The war diary of Von Brodowski -makes mention of the latter act in the following manner:</p> - -<div class='blockquote'> - -<p class='noindent'>“All the male population of Oradour was shot. The women -and children took refuge in the church. The church caught -fire. Explosives were stored in the church. (This assertion has -been shown to be false.) Also women and children perished.”</p> - -</div> - -<p class='pindent'>In the scale of criminal undertakings, perpetrated in the course -of the war by the leaders of National Socialist Germany, we -finally meet a category which we have called crimes against human -status (<span class='it'>la condition humaine</span>). -<span class='pageno' title='407' id='Page_407'></span></p> - -<p class='pindent'>First of all it is important that I should define clearly for the -Tribunal the meaning of this term. This classical French expression -belongs both to the technical vocabulary of law and to the language -of philosophy. It signifies all those faculties, the exercising and -developing of which rightly constitute the meaning of human life. -Each of these faculties finds its corresponding expression in the -order of man’s existence in society. His belonging to at least two -social groups—the nearest and the most extensive—is translated -by the right to family life and to nationality. His relations with -the powers constitute a system of obligations and guarantees. His -material life, as producer and consumer of goods, is expressed by -the right to work in the widest meaning of this term. Its spiritual -aspect implies a combination of possibilities to give out and to -receive the expressions of thought, whether in assemblies or associations, -in religious practice, in teachings given or received, by -the many means which progress has put at the disposal for the -dissemination of intellectual value: Books, press, radio, cinema. This -is the right of spiritual liberty.</p> - -<p class='pindent'>Against this human status, against the status of public and civil -rights of the human beings in occupied territories, the German -Nazis directed a systematic policy of corruption and demoralization. -We shall treat this question last because it is this undertaking -which presents a character of the utmost gravity and which has -assumed the most widespread prevalence. Man is more attached -to his physical integrity and to life than to his property. But in -all high conceptions of life, man is even less attached to life than -to that which makes for his dignity and quality, according to the -great Latin maxim, “<span class='it'>Et propter vitam, vivendi perdere causas</span>.” -On the other hand, if, in the territories occupied by them, the -Germans did not, in spite of the importance and extent of their -crimes, plunder all the property and goods and if they did not kill -all the people, there remains not a single man whose essential -rights they did not change or abolish and whose condition as a -human being they did not violate in some way.</p> - -<p class='pindent'>We can even say that in the entire world and as regards all -people, even those to whom they reserved the privileges belonging -to the superior race and even as regards themselves, their agents, -and accomplices, the Nazi leaders committed a major offense against -the conscience which mankind has today evolved from his status -as a human being. The execution of the enterprise was preceded -by its plan. This is manifest in the entire Nazi doctrine and we -shall content ourselves by recalling a few of its dominant features. -The human status expresses itself, we say, in major statutes, every -one of which comprises a complex apparatus of very different -provisions. But these statutes are inspired in the laws of civilized -<span class='pageno' title='408' id='Page_408'></span> -countries by a conception essential to the nature of man. This -conception is defined in two complementary ideas: The dignity of -the human being considered in each and every person individually, -on the one hand; and on the other hand, the permanence of the -human being considered within the whole of humanity. Every -juridical organization of the human being in a state of civilization -proceeds from this essential, two-fold conception of the individual, -in each and in all, the individual and the universal.</p> - -<p class='pindent'>Without doubt, to Occidentals this conception usually appears -connected with the Christian doctrine; but, if it is exact that -Christianity is bound up with its affirmation and diffusion, it would -be a mistake to see in it only the teachings of one or even of -certain religions. It is a general conception which imposes itself -quite naturally on the spirit; It was professed since ancient pre-Christian -times; and, in more recent times, the great German -philosopher Kant expressed it in one of his most forceful formulas, -by saying that a human being should always be considered as an -end and never a means.</p> - -<p class='pindent'>The role, as we have already exposed, of the zealots of the -Hitlerian myth was to protest against the spontaneous affirmation -of the genius of mankind and to pretend to break at this point the -continuous progress of moral intelligence. The Tribunal is already -acquainted with the abundant literature of this sect. Without a -doubt, nobody expressed himself more clearly than the Defendant -Rosenberg when he declared in the <span class='it'>Myth of the 20th Century</span>, -Page 539:</p> - -<div class='blockquote'> - -<p class='noindent'>“Peoples whose health is dependent on their blood do not -know individualism as a criterion of values any more than -they recognize universalism. Individualism and universalism -in the absolute sense and historically speaking, are the -ideological concepts of decadence.”</p> - -</div> - -<p class='pindent'>Nazism professes, moreover, that:</p> - -<div class='blockquote'> - -<p class='noindent'>“The distance between the lowest human being still worthy -of this name, and our higher races, is greater than that -between the lowest type of mankind and the best educated -monkey.” (<span class='it'>Die Reden Hitlers</span>, Reichsparteitag 1933, Page 33).</p> - -</div> - -<p class='pindent'>Thus, it is not only a question of abolishing the truly divine -conception which religion sets forth as regards man, but even of -setting aside all purely human conceptions and substituting for it -an animalistic conception.</p> - -<p class='pindent'>As a consequence of such a doctrine, the upsetting of the human -status appears not only to be a means to which one has recourse -in the presence of temporary opportunities, such as those arising -from war, but also as an aim both necessary and desirable. The -<span class='pageno' title='409' id='Page_409'></span> -Nazis propose to classify mankind in three main categories: That -of their adversaries, or persons whom they consider inadaptable to -their peculiar constructions—this category can be bullied in all -sorts of ways and even destroyed; that of superior men which they -claim is distinguishable by their blood or by some arbitrary -means; that of inferior men, who do not deserve destruction and -whose vital power should be used in a regime of slavery for the -well-being of the “overlords.”</p> - -<p class='pindent'>The Nazi leaders proposed to apply this conception everywhere -they could in territories more and more extended, to populations -ever more numerous; and in addition they demonstrated the frightful -ambition to succeed in imposing it on intelligent people, to -convince their victims and to demand from them, in addition to -so many sacrifices, an act of faith. The Nazi war is a war of -fanatic religion in which one can exterminate infidels and equally -as well impose conversion upon them. It should further be noted -that the Nazis aggravated the excesses of those horrible times, for -in a religious war converted adversaries were received like brothers, -whereas the Nazis never gave their pitiable victims the chance of -saving themselves, even by the most complete recantation.</p> - -<p class='pindent'>It is by virtue of these conceptions that the Germans undertook -the Germanization of occupied territories and had, without doubt, -the intention of undertaking to germanize the whole world. This -Germanization can be distinguished from the ancient theories of -Pan-Germanism insofar as it is both a Nazification and an actual -return to barbarism.</p> - -<p class='pindent'>Racialism classifies occupied nations into two main categories; -Germanization means for some a National Socialist assimilation, -and for others disappearance or slavery. For human beings of the -so-called “higher race,” the favored condition assigned to them -comprises the falling-in with the new concepts of the Germanic -community. For human beings of the so-called “inferior race” it -was proposed either to abolish all rights while waiting or preparing -their physical destruction, or to assign them to servitude. For both, -racialism means acceptance of the Nazi myths.</p> - -<p class='pindent'>This two-fold program of absolute Germanization was not carried -out in its entirety nor in all the occupied countries. The Germans -had conceived it as a lengthy piece of work which they intended -to carry out gradually, by a series of successive measures. This -progressive approach is always characteristic of the Nazi method. -It fits in, apparently, with the variety of obstacles encountered, -with the hypocritical desire of sparing public opinion, and with -a horrid lust for experimenting and scientific ostentation.</p> - -<p class='pindent'>When the countries were liberated, the state of the Germanization -varied a great deal according to the different countries, and -<span class='pageno' title='410' id='Page_410'></span> -in each country according to such and such category of the -population. At times the method was driven on to its extreme -consequences; elsewhere, one only discovers signs of preparatory -arrangements. But it is easy to note everywhere the trend of the -same evil, interrupted at different moments in its development, -but everywhere directed by the same inexorable movement.</p> - -<p class='pindent'>As regards national status, the Germans proceeded to an -annexation, pure and simple, in Luxembourg, in the Belgian cantons -of Eupen and of Malmédy, and in the French departments of Alsace -and of Lorraine. Here the criminal undertaking consisted both in -the abolition of the sovereignty of the state, natural protector of -its nationals, and in the abolition for those nationals of the status -they had as citizens of this state, a status recognized by domestic -and international law.</p> - -<p class='pindent'>The inhabitants of these territories thereby lost their original -nationality, ceasing to be Luxembourgers, Belgians, or French. They -did not acquire, however, full German nationality; they were -admitted only gradually to this singular favor, on the further condition -that they furnish certain justifications therefor.</p> - -<p class='pindent'>The Germans sought to efface in them even the memory of their -former country. In Alsace and in Moselle the French language was -banned; names of places and of people were germanized.</p> - -<p class='pindent'>New citizens or mere subjects were equally subjected to the -obligations relating to the Nazi regime: To forced labor, as a matter -of course, and soon to military conscription. In case of resistance -to these unjust and abominable orders, since it was a matter of -arming the French against their allies and in reality against their -own country, sanctions were brought to bear, not only against the -parties concerned, but even against the members of their families, -following the theses of Nazi law, which brush aside the fundamental -principles of law against repression.</p> - -<p class='pindent'>Persons who appeared recalcitrant to Nazification, or even those -who seemed of little use to Nazi enterprises, became victims of -large-scale expulsions, driven from their homes in a few short -hours with their most scanty baggage, and despoiled of their -property.</p> - -<p class='pindent'>Yet this inhuman evacuation of entire populations, which will -remain one of the horrors of our century, appears as favorable -treatment when compared to the deportations which were to fill -the concentration camps, in particular the Struthof Camp in Alsace.</p> - -<p class='pindent'>At the same time that they oppressed the population by force -and in contravention of all law, the Nazis undertook, according to -their method, to convince the people of the excellence of their -<span class='pageno' title='411' id='Page_411'></span> -regime. The young people especially were to be educated in the -spirit of National Socialism.</p> - -<p class='pindent'>The Germans did not proceed to the annexation, properly -speaking, of other areas than those we have named. It is beyond -doubt, however, and confirmed by numerous indications, that they -proposed to annex territories much more important by applying to -them the same regime, if the war had ended in a German victory. -But everywhere they prepared for the abolition or the weakening -of the national status by debarring or damaging the sovereignty -of the state involved and by forcing the destruction of patriotic -feelings.</p> - -<p class='pindent'>In all the occupied countries, whether or not there existed an -apparent governmental authority, the Germans systematically disregarded -the laws of occupation. They legislated, regulated, -administered. Besides the territories annexed outright, the other -occupied territories also were in a state that might be defined as -a state of pre-annexation.</p> - -<p class='pindent'>This leads to a second aspect which is the attack on spiritual -security. Everywhere, although with variation in time and space, -the Germans applied themselves to abolishing the public freedoms, -notably the freedom of association, the freedom of the press; and -they endeavored to trammel the essential freedoms of the spirit.</p> - -<p class='pindent'>The German authorities subordinated the press to the strictest -censorship, even in matters devoid of military character; a press, -many of whose representatives, moreover, were inspired by them. -Manifold restrictions were imposed on industry and on the moving -picture business. Numerous works altogether without political -character were banned, even textbooks. Religious authorities themselves -saw their clerical realm invaded and words of truth could -not be heard. After having curtailed freedom of expression even -beyond the degree that a state of war and occupation justified, the -Germans developed their National Socialist propaganda systematically -through the press, radio, films, meetings, books, and posters. -All these efforts achieved so little result that one might attempt -today to minimize their importance. Nevertheless, the propaganda -conducted by means most contrary to the respect due human -intelligence and on behalf of a criminal doctrine, must go down in -history as one of the disgraces of the National Socialist regime.</p> - -<p class='pindent'>No less did the Germanization program compromise human -rights in the other broad aspects that we have defined: Right of the -family, right of professional and economic activity, juridical -guarantees. These rights were attacked; these guarantees were -curtailed. The forced labor and the deportations infringed the -rights of the family, as well as the rights of labor. The arbitrary -<span class='pageno' title='412' id='Page_412'></span> -arrests suppressed the most elementary legal guarantees. In addition, -the Germans tried to impose their own methods on the administrative -authorities of the occupied countries and sometimes unfortunately -succeeded in their attempts.</p> - -<p class='pindent'>It is also known that racial discriminations were provoked -against citizens of the occupied countries who were catalogued as -Jews, measures particularly hateful, damaging to their personal -rights and to their human dignity.</p> - -<p class='pindent'>All these criminal acts were committed in violation of the rules -of international law, and in particular the Hague Convention, -which limits the rights of armies occupying a territory.</p> - -<p class='pindent'>The fight of the Nazis against the human status completes the -tragic and monstrous totality of war criminality of Nazi Germany, -by placing her under the banner of the abasement of man, deliberately -brought about by the National Socialist doctrine. This gives -it its true character of a systematic undertaking of a return to -barbarism.</p> - -<p class='pindent'>Such are the crimes which National Socialist Germany committed -while waging the war of aggression that she launched. The -martyred peoples appeal to the justice of civilized nations and -request Your High Tribunal to condemn the National Socialist Reich -in the person of its surviving chiefs.</p> - -<p class='pindent'>Let the defendants not be astonished at the charges brought -against them and let them not dispute at all this principle of retroactivity, -the permanence of which was guaranteed, against their -wishes, by democratic legislation. War Crimes are defined by international -law and by the national law of all modern civilizations. -The defendants knew that acts of violence against the persons and -property and human status of enemy nationals were crimes for -which they would have to answer before international justice.</p> - -<p class='pindent'>The Governments of the United Nations have addressed many -a warning to them since the beginning of the hostilities.</p> - -<p class='pindent'>On 25 October 1941 Franklin Roosevelt, President of the United -States of America, and Winston Churchill, Prime Minister of Great -Britain, announced that the war criminals would not escape just -punishment:</p> - -<div class='blockquote'> - -<p class='noindent'>“The massacres of France”—said Churchill—“are an example -of what Hitler’s Nazis are doing in many other countries -under their yoke. The atrocities committed in Poland, Yugoslavia, -Norway, Holland, Belgium, and particularly behind -the German front in Russia, exceed anything that has been -known since the darkest and most bestial ages of humanity. -The punishment of these crimes should now be counted -among the major goals of the war.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='413' id='Page_413'></span></p> - -<p class='pindent'>During autumn 1941 the representatives of the governments of -the occupied countries met in London upon the initiative of the -Polish and Czech Governments. They worked out an inter-Allied -declaration which was signed on 13 January 1942. May I remind -the Tribunal of its terms:</p> - -<div class='blockquote'> - -<p class='noindent'>“The undersigned, representing the Governments of Belgium, -of Czechoslovakia, the National Committee of Free France, -the Governments of Greece, of Luxembourg, of the Netherlands, -of Poland, and of Yugoslavia,</p> -<hr class='tbk434'/> -<p class='noindent'>“Whereas Germany, from the beginning of the present conflict, -which was provoked by her policy of aggression, set up -in the occupied countries a regime of terror characterized, -among other things, by imprisonment, mass expulsions, -massacres, and execution of hostages;</p> -<hr class='tbk435'/> -<p class='noindent'>“Whereas these acts of violence are committed equally by -the allies and associates of the Reich, and in certain countries -by citizens collaborating with the occupying power;</p> -<hr class='tbk436'/> -<p class='noindent'>“Whereas international solidarity is necessary in order to -prevent these deeds of violence from giving rise to acts of -individual or collective violence, and finally in order to -satisfy the spirit of justice in the civilized world;</p> -<hr class='tbk437'/> -<p class='noindent'>“Recalling to mind that international law and, in particular, -the Hague Convention signed in 1907, concerning the laws -and customs of land warfare, do not permit belligerents to -commit acts of violence against civilians in occupied countries, -or to violate laws which are in force or to overthrow national -institutions;</p> -<hr class='tbk438'/> -<p class='noindent'>“1. Affirming that acts of violence thus committed against -civilian populations have nothing in common with the conceptions -of an act of war or a political crime as this is -understood by civilized nations;</p> -<hr class='tbk439'/> -<p class='noindent'>“2. Taking note of the declarations made in this respect on -25 October 1941, by the President of the United States of -America and the British Prime Minister;</p> -<hr class='tbk440'/> -<p class='noindent'>“3. Placing among their chief war aims, the punishment by -means of organized justice of those guilty of, or responsible -for, these crimes, whether they ordered, perpetrated, or -shared in them;</p> -<hr class='tbk441'/> -<p class='noindent'>“4. Having decided to see to it in a spirit of international -solidarity that: a) Those guilty or responsible, whatever their -responsibility, shall be sought out, brought to justice, and be -judged; b) that the sentences pronounced shall be executed.</p> -<hr class='tbk442'/> -<p class='noindent'>“In faith whereof, the undersigned, being duly authorized, to -this effect have signed this declaration.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='414' id='Page_414'></span></p> - -<p class='pindent'>The leaders of National Socialist Germany received other warnings. -I refer to the speech of General De Gaulle of 13 January 1942; -that of Churchill of 8 September 1942; the note of Molotov, Commissar -of the People for Foreign Affairs of the Soviet Union, of -14 October 1942; and the second inter-Allied declaration of -17 December 1942. The latter was made simultaneously in London, -Moscow, and Washington after receipt of information according to -which the German authorities were engaged in exterminating the -Jewish minorities in Europe. In this declaration, the Governments -of Belgium, Czechoslovakia, Greece, Luxembourg, the Netherlands, -Norway, Poland, the United States of America, the United Kingdom, -the Soviet Union, Yugoslavia, and the French National -Committee which represented the continuation of France, solemnly -reaffirmed their will to punish the war criminals who are responsible -for this extermination.</p> - -<p class='pindent'>THE PRESIDENT: Would this be a convenient time to break -off for 10 minutes?</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. DE MENTHON: The premises for a just punishment are thus -fulfilled. The defendants, at the time when they committed their -crimes, knew the will of the United Nations to bring about their -punishment. The warnings which were given to them contain a -definition which precedes the punishment.</p> - -<p class='pindent'>The defendants, moreover, could not be ignorant of the criminal -nature of their activities. The warnings of these Allied governments -in effect translated in a political form the fundamental principles -of international and of national law which permit the punishment -of war criminals to be established on positive precedents and positive -rules.</p> - -<p class='pindent'>The founders of international law had a presentiment of the -concept of war crime, particularly Grotius who elucidated the -criminal character of needless acts of war. The Hague Conventions, -after the lapse of several centuries, established the first generally -binding standards for laws of war. They regulated the conduct of -hostilities and occupation procedures; they formulated positive -rules in order to limit recourse to force and to bring the necessities -of war into agreement with the requirements of human conscience. -War Crimes thus received the first definition under which they -may be considered; they became a violation of laws and customs -of war as codified by the Hague Convention.</p> - -<p class='pindent'>Then came the war of 1914. Imperial Germany waged the first -World War with a brutality perhaps less systematic and frenzied -than that of the National Socialist Reich, but just as deliberate. -The deportation of workers, looting of public and private property, -the taking and killing of hostages, the demoralization of the -<span class='pageno' title='415' id='Page_415'></span> -occupied territories constituted, in 1914 as in 1939, the political -methods of German warfare.</p> - -<p class='pindent'>The Treaty of Versailles was based on the Hague Convention -in order to establish the suppression of War Crimes. Under the -title “Sanctions” Chapter VII of the Treaty of Versailles discusses -criminal responsibility incurred in the launching and waging of the -conflict which was then the Great War. Article 227 accused William -of Hohenzollern, previously Emperor of Germany, of a -supreme offense against international morality and against the -sacred character of treaties. Article 228 acknowledged the right of -the Allied and Associated Powers to bring persons guilty of acts -contrary to the laws and customs of war before military tribunals. -Article 229 provided that criminals whose acts were not of precise -geographical location were to be referred to inter-Allied jurisdiction.</p> - -<p class='pindent'>The provisions of the Treaty of Versailles were repeated in the -conventions which were signed in 1919 and 1920 with the powers -allied with Germany, in particular in the Treaty of Saint-Germain -and in that of Neuilly. That is how the idea of war crime was -affirmed in international law. The peace treaties of 1919 not only -defined the concept of infraction, they formulated the terms of its -repression. The defendants were aware of this, just as they were -aware of the warnings of the governments of the United Nations. -They no doubt hoped that the repetition of the factual circumstances, -which hampered the punishment of the criminals in 1914, -would permit them to escape their just punishment. Their presence -before this Tribunal is the symbol of the constant progress which -international law is making in spite of all obstacles.</p> - -<p class='pindent'>International law had given a still more precise definition of -the term “war crime.” This definition was formulated by the commission -which the preliminary peace conference appointed on -25 January 1919 to disentangle the various responsibilities incurred -in the course of the war. The report of the Commission of Fifteen -of 29 March 1919 constitutes the historical basis of Articles 227 and -following of the Treaty of Versailles. The Commission of Fifteen -based its investigation of criminal responsibilities on an analysis of -the crimes liable to involve them. A material element enters into -the juridical settlement of any infraction. Its definition is, therefore, -the more precise as it includes an enumeration of the facts -which it encompasses. That is why the Commission of Fifteen set -up a list of War Crimes. This list includes 32 infractions. These -are particularly:</p> - -<p class='pindent'>1. Murders, massacres, systematic terrorism; 2. killing of -hostages; 3. torture of civilians; 8. confinement of civilians in inhuman -conditions; 9. forced labor of civilians in connection with -<span class='pageno' title='416' id='Page_416'></span> -military operations of the enemy; 10. usurpation of sovereignty -during the occupation of occupied territories; 11. forced conscription -of soldiers among the inhabitants of the occupied territories; -12. attempts to denationalize the inhabitants of occupied territories; -13. looting; 14. confiscation of property; 17. imposition of -collective fines; 18. wilful devastation and destruction of property; -25. violation of other rules concerning the Red Cross; 29. ill-treatment -of wounded and prisoners of war; and 30. use of prisoners of -war for unauthorized work.</p> - -<p class='pindent'>This list, which already includes the grievances against the -defendants enumerated in the Indictment and from which we have -just quoted a few facts, is significant because the War Crimes -which it encompasses all present a composite character. They are -crimes against both international law and national law. Some of -these crimes constitute attacks on the fundamental liberties and -constitutional rights of peoples and of individuals; they consist in -the violation of public guarantees which are recognized by the constitutional -Charter of the Nations whose territories were occupied; -violation of the principles of liberty, equality, and fraternity which -France proclaimed in 1789 and which the civilized states -guarantee in perpetuity. These War Crimes are violations of public -international law, since they represent a systematic refusal of -acknowledgment of all respective rights of both occupying and -occupied power; but they also may be analyzed as violations of -public national law, since they mean forcibly transforming the constitutional -institutions of the occupied territories and the juridical -statute of their inhabitants.</p> - -<p class='pindent'>More numerous are crimes which constitute attacks on the -integrity of the physical person and of property. They are allied -with war law regulations and include violations of international -law and customs.</p> - -<p class='pindent'>But the international conventions, it should be noticed, determine -the elements constituting an infraction more than they -actually establish that infraction itself. The latter existed before -in all national legislatures; it was to some extent a part of the -juridical inheritance common to all nations; governments agreed to -affirm its international character and to define its contents. International -penal law is thus superimposed on national law, which -preserves its repressive basis because the war crime remains, after -all, a crime of common law. National penal law gives the definition -of this. All the acts referred to in Article 6 of the Charter -of 8 August 1945, all the facts encompassed by the third Count of -the Indictment of 18 October 1945 correspond to the infractions of -common law provided for and punished by national penal legislation. -The killing of prisoners of war, of hostages, and of inhabitants -<span class='pageno' title='417' id='Page_417'></span> -of occupied territories falls, in French law, under Articles 295 -and following of the Penal Code, which define murder and -assassination. The mistreatment to which the Indictment refers -would come under the heading of bodily injuries caused intentionally -or through negligence which are defined by Articles 309 and -following. Deportation is analyzed, independently of the murders -which accompany it, as arbitrary sequestration, which is defined by -Articles 341 and 344. Pillage of public and private property and -imposition of collective fines are penalized by Articles 221 and the -following of our Military Code of Justice. Article 434 of the Penal -Code punishes voluntary destruction, and the deportation of -civilian workers may be compared with the forced conscription -provided for by Article 92. The oath of allegiance is equivalent to -the exaction of a false oath in Article 366, and the Germanization -of occupied territories may be applied to a number of crimes, the -most obvious of which is forced incorporation in the Wehrmacht -in violation of Article 92. The same equivalents can be found in -all modern legislative systems and particularly in German law.</p> - -<p class='pindent'>The crimes against persons and property of which the defendants -are guilty are provided for by all national laws. They present -an international character because they were committed in several -different countries; from this there arises a problem of jurisdiction, -which the Charter of 8 August 1945 has solved, as we have previously -explained; but this leaves intact the rule of definition.</p> - -<p class='pindent'>A crime of common law, the war crime is, nevertheless, not an -ordinary infraction. It has a character peculiarly intrinsic—it is a -crime committed on the occasion or under the pretext of war. It -must be punished because, even in time of war, attacks on the -integrity of the physical person and or property are crimes if they -are not justified by the laws and customs of war. The soldier -who on the battlefield kills an enemy combatant commits a crime, -but this crime is justified by the law of war. International law -therefore intervenes in the definition of a war crime, not in order -to give it essential qualification but in order to fix its outer limits. -In other words, every infraction committed on the occasion or -under the pretext of hostilities is criminal unless justified by the -laws and customs of war. International law here applies the -national theory of legitimate defense which is common to all codes -of criminal law. The combatant is engaged in legitimate defense -on the battlefield; his homicidal action is therefore covered by a -justifying fact. But if this justifying fact is taken away the infraction, -whether ordinary crime or war crime, remains in its -entirety. To establish the justifying fact, the criminal action must -be necessary and proportional to the threat to which it responds. -The defendants, against whom justice is demanded of you, can -plead no such justification. -<span class='pageno' title='418' id='Page_418'></span></p> - -<p class='pindent'>Nor can they escape their responsibility by arguing that they -were not the physical authors of the crimes. The war crime involves -two responsibilities, distinct and complementary: that of -the physical author and that of the instigator. There is nothing -heterodox in this conception. It is the faithful representation of -the criminal theory of complicity through instructions. The responsibility -of the accomplice, whether independent or complementary -to that of the principal author, is incontestable. The -defendants bear the entire responsibility for the crimes which were -committed upon their instructions or under their control.</p> - -<p class='pindent'>Finally, these crimes cannot be justified by the pretext that an -order from above was given by Hitler to the defendants. The -theory of the justifying fact of an order from above has, in national -law, definite fixed limits; it does not cover the execution of orders -whose illegality is manifest. German law, moreover, assigns only -a limited rule to the concept of justification by orders from above. -Article 47 of the German Military Code of Justice of 1940, although -maintaining in principle that a criminal order from a superior -removes the responsibility of the agent, punishes the latter as an -accomplice, when he exceeded the orders received or when he -acted with knowledge of the criminal character of the act which -had been ordered. Goebbels once made this juridical concept the -theme of his propaganda. On 28 May 1944 he wrote in an article -in the <span class='it'>Völkischer Beobachter</span>, which was submitted to you by the -American Prosecution, an article intended to justify the murder -of Allied pilots by German mobs:</p> - -<div class='blockquote'> - -<p class='noindent'>“The pilots cannot validly claim that as soldiers they obeyed -orders. No law of war provides that a soldier will remain -unpunished for a hateful crime by referring to the orders of -his superiors, if their orders are in striking opposition to all -human ethics, to all international customs in the conduct of -war.”</p> - -</div> - -<p class='pindent'>Orders from a superior do not exonerate the agent of a manifest -crime from responsibility. Any other solution would, moreover, -be unacceptable, for it would testify to the impotence of all -repressive policy.</p> - -<p class='pindent'>All the more reason why orders from above cannot be the -justifying fact for the crimes of the defendants. Sir Hartley Shawcross -told you with eloquence that the accused cannot claim that -the Crimes against Peace were the doing of Hitler alone and that -they limited themselves to transmitting the general directives. War -Crimes may be compared to the will for aggression; they are the -common work of the defendants; the defendants bear a joint -responsibility for the criminal policy which resulted from the -National Socialist doctrine. -<span class='pageno' title='419' id='Page_419'></span></p> - -<p class='pindent'>The responsibility, for German war criminality, because it constituted -a systematic policy, planned and prepared before the -opening of hostilities, and perpetrated without interruption from -1940 to 1945, rests with all the defendants, political or military -leaders, high officials of National Socialist Germany, and leaders -of the Nazi Party.</p> - -<p class='pindent'>Nevertheless, some among them appear more directly responsible -for the acts taken as a whole, particularly those facts -connected with the French charges, that is to say, crimes committed -in the Western occupied territories or against the nationals -of those countries. We shall cite:</p> - -<p class='pindent'>The Defendant Göring as Director of the Four Year Plan and -President of the Cabinet of Ministers for Reich Defense; the Defendant -Ribbentrop in his capacity as Minister of Foreign Affairs in -charge of the administration of occupied countries; the Defendant -Frick in his capacity as Director of the Central Office for occupied -territories; the Defendant Funk in his capacity as Minister of Reich -Economy; the Defendant Keitel, inasmuch as he had command over -the occupation armies; the Defendant Jodl, associated in all the -responsibilities of the preceding defendant; the Defendant Seyss-Inquart -in his capacity as Reich Commissioner for the occupied -Dutch territory from 13 May 1940 to the end of the hostilities.</p> - -<p class='pindent'>We will examine more particularly among these defendants, or -among others, those responsible for each category of acts, it being -understood that this enumeration is in no wise restrictive.</p> - -<p class='pindent'>The Defendant Sauckel bears the chief responsibility for compulsory -labor in its various forms. As Plenipotentiary for Allocation -of Labor, he carried out the intensive recruiting of workers -by every possible means. He is in particular the signer of the -decree of 22 August 1942, which constitutes the charter for compulsory -labor in all occupied countries. He worked in liaison with -the Defendant Speer, Chief of the Todt Organization and Plenipotentiary -General for Armament in the office of the Four Year -Plan; as well as with the Defendant Funk, Minister of Reich -Economy; and with the Defendant Göring, Chief of the Four Year -Plan.</p> - -<p class='pindent'>The Defendant Göring participated directly in economic looting -in the same capacity. He appears often to have sought and derived -a personal profit from it.</p> - -<p class='pindent'>The Defendant Ribbentrop in his capacity as Minister of Foreign -Affairs was no stranger to these acts.</p> - -<p class='pindent'>The Defendant Rosenberg, organizer and Chief of the Einsatzstab -Rosenberg, is particularly guilty of the looting of works of art -in the occupied countries. -<span class='pageno' title='420' id='Page_420'></span></p> - -<p class='pindent'>The chief responsibility for the murders of hostages lies with -the Defendant Keitel, the drafter notably of the general order of 16 -September 1941, with his assistant, the Defendant Jodl, and with -the Defendant Göring who agreed to the order in question.</p> - -<p class='pindent'>The Defendant Kaltenbrunner, Himmler’s direct associate and -chief of all the foreign police and security offices, is directly -responsible for the monstrous devices to which the Gestapo had -recourse in all occupied countries, devices which are only the continuation -of the methods originated in the Gestapo by its founder, -in Prussia, the Defendant Göring. The Defendant Kaltenbrunner -is likewise directly responsible for the crimes committed in deportation -camps. Moreover, he visited these camps of deportation, as -will be proved by the French Delegation in the case of the Mauthausen -Camp. The Defendant Göring knew of and gave his -approval to the medical experiments made on prisoners. The -Defendant Sauckel forced prisoners by every possible means to -work under conditions, which were often inhuman, for the German -war production.</p> - -<p class='pindent'>The Defendant Keitel and his assistant, the Defendant Jodl, are -responsible for treatment contrary to the laws of war inflicted upon -war prisoners, for murders and killings to which they were -subjected, as well as for handing over great numbers of them to -the Gestapo. The Defendant Göring shares their responsibility for -the execution of Allied aviators and soldiers belonging to the -commando groups. The Defendant Sauckel directed the work of -war prisoners for the German war production in violation of international -law.</p> - -<p class='pindent'>The Defendant Keitel and the Defendant Kaltenbrunner both -bear the chief responsibility for the terrorist actions carried out -jointly by the German Army and the police forces in the various -occupied countries and notably in France against the Resistance, as -well as for the devastations and massacres carried out against the -civilian population of several French departments. The Defendant -Jodl shares in this responsibility, most particularly through his -initial order, “Fight against Partisan Bands,” dated 6 May 1944, -which provides for “collective measures against the inhabitants -of entire villages.” These blows against mankind are the result -of racial theories of which the Defendant Hess, the Defendant -Rosenberg, and the Defendant Streicher are among the instigators -or propagandists. The Defendant Hess participated notably in the -elaboration of this subject, which is found in <span class='it'>Mein Kampf</span>.</p> - -<p class='pindent'>The Defendant Rosenberg, one of the principal theorists of -racial doctrine, exercised the function of special delegate for the -spiritual and ideological training of the Nazi Party. The Defendant -<span class='pageno' title='421' id='Page_421'></span> -Streicher showed himself to be one of the most violent anti-Semitic -agitators. In the execution of the policy of Germanization -and Nazification responsibility is shared between the Ministry of -Foreign Affairs, that is to say, the Defendant Ribbentrop; the -General Staff, that is, the Defendants Keitel and Jodl; the Central -Office for all the occupied territories, that is, the Defendant Frick.</p> - -<p class='pindent'>The major National Socialist culprits had their orders carried -out in the divers Nazi organizations, which we ask you to declare -criminal, in order that each of their members may be then -apprehended and punished.</p> - -<p class='pindent'>The Reich Cabinet, the Leadership Corps of the Nazi Party, the -General Staff, the High Command of the German Armed Forces -represent only a small number of persons whose guilt and punishment -must ultimately result from the evidence, since they participated -personally and directly in the decisions, or ensured their -execution through some eminent person in the political or military -hierarchy, and without being able to ignore their criminal nature.</p> - -<p class='pindent'>The leaders of the Nazi Party are unquestionably in the forefront -of those who participated in the criminal enterprise, and -around the Defendants Keitel and Jodl the military High Command -directed the Army to the execution of hostages, to pillage, to -wanton destruction, and to massacres.</p> - -<p class='pindent'>But perhaps it will seem to you that the punishment of -hundreds of thousands of men who belonged to the SS, to the SD, -to the Gestapo, to the SA, will give rise to some objection. I should -like to try, should this be the case, to do away with that objection -by showing you the dreadful responsibilities of these men. Without -the existence of these organizations, without the spirit which animated -them, one could not understand how so many atrocities -could have been perpetrated. The systematic War Crimes could -not have been carried out by Nazi Germany without these organizations, -without the men who composed them. It is they who not -only executed but willed this body of crimes on behalf of Germany.</p> - -<p class='pindent'>It may have seemed impossible to you that the monstrous -barbarity of the National Socialist doctrine could have been -imposed upon the German people, the heir, as are our people, of -the highest values of civilization. The education by the Nazi Party -of the young men who formed the SS, the SD, and the Gestapo, -explains the hold Nazism exercised over all Germany. They incarnated -National Socialism, and permitted it to accomplish, thanks -to the guilty passiveness of the whole German population, a part of -its purpose. This youth, those who carried out the tenets of the -regime, were trained in a veritable doctrine of immoralism, which -results from the ideology that inspired the regime. The myth of -<span class='pageno' title='422' id='Page_422'></span> -the race removed from war in the eyes of these disciples of Nazism -its criminal character.</p> - -<p class='pindent'>If it is proved that a superior race is to annihilate races and -peoples that are considered inferior and decadent, incapable of -living a life as it should be lived, before what means of extermination -will they recoil? This is the ethics of immorality, the -result of the most authentic Nietzscheism, which considers that the -destruction of all conventional ethics is the supreme duty of man. -The crime against race is punished without pity. The crime on -behalf of race is exalted without limit. The regime truly creates a -logic of crime which obeys its own laws, which has no connection -whatsoever with what we consider ethical. With such a point of -view, all horrors could have been justified and authorized. So -many acts which appear incomprehensible to us, so greatly do they -clash with our customary notions, were explained, were formulated -in advance in the name of the racial community.</p> - -<p class='pindent'>Add that these atrocities and these cruelties were perpetrated -within the rigid framework created by the “esprit de corps,” by the -soldierly solidarity which bound individuals and insured the legitimacy -of the crime an unlimited field of action. The individuals who -committed them would not only be covered by the regime itself, -but spurred on by the discipline and the “camaraderie” of these -corps, imbued with Nazi criminality.</p> - -<p class='pindent'>The Nazi youth was invited to go through an extraordinary -adventure. Having unlimited power at its disposal, thanks to the -Party and its massive grip, it was first of all called upon to implement -the grandiose dreams of National Socialist Pan-Germanism.</p> - -<p class='pindent'>The Party exercised a rigid selection of its youth, and -neglected no incentive. It solicited from its youth the desire to -distinguish itself, to accomplish exploits beyond the common order -and beyond nature. The young Nazis in the Gestapo and the SS -knew that their acts, no matter how cruel or how inhumane they -might be, would always be judged legitimate by the regime, in -the name of the racial community, of its needs, and of its triumphs. -The Nazi Party, thanks to the young men of the SS, of the SD, -and of the Gestapo, had thus become capable of accomplishing in -the field of criminality what no other person or nation could have -committed.</p> - -<p class='pindent'>The members of these organizations became voluntarily the -authors of these innumerable crimes of all kinds, often executed -with disconcerting cynicism and with artful sadism in the concentration -camps of Germany as well as in the various occupied -countries, and especially in those of Western Europe.</p> - -<p class='pindent'>The crimes are monstrous. The crimes and the responsibility -for them have definitely been established. There is no possible -<span class='pageno' title='423' id='Page_423'></span> -doubt. Nevertheless throughout these tranquil sessions of this -Trial, extraordinary in the history of the world, in view of the -exceptional nature of the justice which your High Tribunal is -called upon to render before the United Nations and the German -people and before all mankind a few objections may arise in our -minds.</p> - -<p class='pindent'>It is our duty to discuss this exhaustively, even if it is only -sub-conscious in us, for soon a pseudo-patriotic propaganda may -take hold of Germany, and even may echo in some of our countries.</p> - -<p class='pindent'>“Who can say: I have a clean conscience, I am without fault? -To use different weights and measures is abhorred by God.” This -text from the Holy Scriptures (Proverbs XX, 9-10) has already -been mentioned here and there; it will serve tomorrow as a theme -of propaganda, but above all, it is profoundly written in our souls. -Rising in the name of our martyred people as accusers of Nazi -Germany, we have never for a moment repressed it as a distasteful -reminder.</p> - -<p class='pindent'>Yes, no nation is without reproach in its history, just as no -individual is faultless in his life. Yes, every war in itself brings -forth iniquitous evils and entails almost necessarily individual and -collective crimes, because it easily unleashes in man the evil passions -which always slumber there.</p> - -<p class='pindent'>But we can examine our conscience fearlessly in the face of the -Nazi culprits; we find no common measure between them and -ourselves.</p> - -<p class='pindent'>If this criminality had been accidental; if Germany had been -forced into war, if crimes had been committed only in the excitement -of combat, we might question ourselves in the light of the -Scriptures. But the war was prepared and deliberated upon long -in advance, and upon the very last day it would have been easy -to avoid it without sacrificing any of the legitimate interests of the -German people. And the atrocities were perpetrated during the -war, not under the influence of a mad passion nor of a war-like -anger nor of an avenging resentment, but as a result of cold calculation, -of perfectly conscious methods, of a pre-existing doctrine.</p> - -<p class='pindent'>The truly diabolical enterprise of Hitler and of his companions -was to assemble in a body of dogmas formed around the concept -of race, all the instincts of barbarism, repressed by centuries of -civilization, but always present in men’s innermost nature, all the -negations of the traditional values of humanity, on which nations, -as well as individuals, question their conscience in the troubled -hours of their development and of their life; to construct and to -propagate a doctrine which organizes, regulates, and aspires to -command crime. -<span class='pageno' title='424' id='Page_424'></span></p> - -<p class='pindent'>The diabolical enterprise of Hitler and of his companions was -also to appeal to the forces of evil in order to establish his domination -over the German people and subsequently the domination of -Germany over Europe and perhaps over the world. It planned to -incorporate organized criminality into a system of government, -into a system of international relations, and into a system of -warfare, by unleashing within a whole nation the most savage -passions.</p> - -<p class='pindent'>Nationalism and serving their people and their country will -perhaps be their explanation. Far from constituting an excuse, if -any excuse were possible in view of the enormity of their crime, -these explanations would make it still more serious. They have -profaned the sacred idea of the fatherland by linking it to a willed -return to barbarism. In its name they obtained—half by force, half -by persuasion—the adherence of a whole country, formerly among -the greatest in the order of spiritual values, and have lowered it -to the lowest level. The moral confusion, the economic difficulties, -the obsession with the defeat of 1918 and with the loss of might -and the Pan-Germanic tradition are the basis of the empire of -Hitler and of his companions over a people thrown off its balance; -to abandon oneself to force, to renounce moral concern, to satisfy -a love of collectivity, to revel in lack of restraint are the natural -temptations strongly implanted in the German, which the Nazi -leaders exploited with cynicism. The intoxication of success and -the madness of greatness completed the picture and put practically -all Germans, some without doubt unconsciously, in the service of -the National Socialist doctrine by associating them with the diabolical -enterprise of their Führer and his companions.</p> - -<p class='pindent'>Opposing this enterprise men of various countries and different -classes rose, all of them animated by the common bond of their -human lot. France and Great Britain entered the war only to -remain faithful to their given word. The peoples of the occupied -countries, tortured in body and soul, never renounced their liberty -nor their cultural values, and it was a magnificent epic of clandestine -opposition and of Resistance which through a splendid -heroism testifies to the spontaneous refusal of the populations to -accept the Nazi myths. Millions and millions of men of the Soviet -Union fell to defend not only the soil and independence of their -country, but also their humanitarian universalism. The millions -of British and American soldiers who landed on our unhappy -continent carried in their hearts the ideal of freeing from Nazi -oppression both the occupied countries and the peoples who willingly -or by force had become the satellites of the Axis and the -German people.</p> - -<p class='pindent'>They were all of them together, whether in uniform or not, -fighters for the great hope which throughout the centuries has been -<span class='pageno' title='425' id='Page_425'></span> -nourished by the suffering of the peoples, the great hope for a better -future for mankind.</p> - -<p class='pindent'>Sometimes this great hope expresses itself with difficulty or -loses its way or deceives itself or knows the dread return to barbarism, -but it persists always and finally constitutes the powerful -lever which brings about the progress of humanity despite everything. -These aspirations always reborn, these concerns constantly -awakened, this anguish unceasingly present, this perpetual combat -against evil form in a definitive manner the sublime grandeur of -man. National Socialism only yesterday imperiled all of this.</p> - -<p class='pindent'>After that gigantic struggle where two ideologies, two conceptions -of life were at grips, in the name of the people whom we -represent here and in the name of the great human hope for which -they have so greatly suffered, so greatly fought, we can without -fear and with a clean conscience rise as accusers of the leaders of -Nazi Germany.</p> - -<p class='pindent'>As Mr. Justice Jackson said so eloquently at the opening of this -Trial, “Civilization could not survive if these crimes were to be -committed again,” and he added, “The true plaintiff in this Court -is civilization.”</p> - -<p class='pindent'>Civilization requires from you after this unleashing of barbarism -a verdict which will also be a sort of supreme warning at the -hour when humanity appears still at times to enter the path of -the organization of peace only with apprehension and hesitation.</p> - -<p class='pindent'>If we wish that on the morrow of the cataclysm of war the -sufferings of martyred countries, the sacrifices of victorious nations, -and also the expiation of guilty people will engender a better -humanity, justice must strike those guilty of the enterprise of -barbarism from which we have just escaped. The reign of justice -is the most exact expression of the great human hope. Your -decision can mark a decisive stage in its difficult pursuit.</p> - -<p class='pindent'>Undoubtedly even today, this justice and this punishment have -become possible only because, as a first condition, free peoples -emerged victorious from the conflict. This is actually the link -between the force of the victors and the guilt of the vanquished -leaders who appear before Your High Tribunal.</p> - -<p class='pindent'>But this link signifies nothing else but the revelation of the -wisdom of nations that justice, in order to impose itself effectively -and constantly upon individuals and upon nations, must have -force at its disposal. The common will to put force in the service -of justice inspires our nations and commands our whole civilization.</p> - -<p class='pindent'>This resolution is brilliantly confirmed today in a judicial case -where the facts are examined scrupulously in all their aspects, -<span class='pageno' title='426' id='Page_426'></span> -the penal nature of the offense rigorously established, the competency -of the Tribunal incontestable, the rights of the defense intact, -total publicity insured.</p> - -<p class='pindent'>Your judgment pronounced under these conditions can serve -as a foundation for the moral uplift of the German people, first -stage in its integration into the community of free countries. -Without your judgment, history might incur the risk of repeating -itself, crime would become epic, and the National Socialist enterprise -a last Wagnerian tragedy; and new Pan-Germanists would -soon say to the Germans:</p> - -<div class='blockquote'> - -<p class='noindent'>“Hitler and his companions were wrong because they finally -failed, but we must begin again some day, on other foundations, -the extraordinary adventure of Germanism.”</p> - -</div> - -<p class='pindent'>After your judgment, if only we know how to enlighten this -people and watch over their first steps on the road to liberty, -National Socialism will be inscribed permanently in their history -as the crime of crimes which could lead it only to material and -moral perdition, as the doctrine which they should forever avoid -with horror and scorn in order to remain faithful or rather become -once more faithful to the great norms of common civilization.</p> - -<p class='pindent'>The eminent international jurist and noble European, Politis, -in his posthumous book entitled <span class='it'>International Ethics</span> reminds us -that, like all ethical rules, those which should govern international -relations will never be definitely established unless all peoples -succeed in convincing themselves that there is definitely a greater -profit to be gained by observing them than by transgressing them. -That is why your judgment can contribute to the enlightenment -of the German people and of all peoples.</p> - -<p class='pindent'>Your judgment must be inscribed as a decisive act in the history -of international law in order to prepare the establishment of a -true international society excluding recourse to war and enlisting -force permanently in the service of the justice of nations; it will -be one of the foundations of this peaceful order to which nations -aspire on the morrow of this frightful torment. The need for -justice of the martyred peoples will be satisfied, and their sufferings -will not have been useless to the progress of mankind.</p> - -<p class='pindent'>THE PRESIDENT: M. De Menthon, would you prefer to continue -the case on behalf of France this afternoon, or would you -prefer to adjourn?</p> - -<p class='pindent'>M. DE MENTHON: We are at the disposal of the Court.</p> - -<p class='pindent'>THE PRESIDENT: Well then, if that is so, then I think we -better go on until 5 o’clock.</p> - -<p class='pindent'>M. DE MENTHON: It might be preferable to adjourn, because -M. Faure’s brief which is going to be presented will last at least -<span class='pageno' title='427' id='Page_427'></span> -an hour. Perhaps it is better to adjourn until tomorrow morning. -However, we will remain at the disposal of the Court.</p> - -<p class='pindent'>THE PRESIDENT: When you said that the proof which will -now be presented would take an hour, do you mean by that that -it is an introductory statement or is it a part of the main case -which you are presenting?</p> - -<p class='pindent'>M. DE MENTHON: Your Honor, it is part of the general case.</p> - -<p class='pindent'>THE PRESIDENT: Would it not be possible then to go on until -5 o’clock?</p> - -<p class='pindent'>M. DE MENTHON: Yes, quite so.</p> - -<p class='pindent'>M. EDGAR FAURE (Deputy Chief Prosecutor for the French -Republic): Mr. President and Your Honor, I propose to submit to -the Tribunal an introduction dealing with the first and the second -part of the French case.</p> - -<p class='pindent'>The first part relates to forced labor; the second part to economic -looting. These two over-all questions are complementary to -each other and form a whole. Manpower on the one hand and -material property on the other constitute the two aspects of the -riches of a country and the living conditions in that country. -Measures taken with regard to the one necessarily react on the -other, and it is understandable that in the occupied countries -German policy with regard to manpower and economic property -was inspired from the very beginning by common directing -principles.</p> - -<p class='pindent'>For this reason the French Prosecution has deemed it logical -to submit successively to the Tribunal those two briefs corresponding -to the letters “H” and “E” of the third Count of the -Indictment. My present purpose is to define these initial directives -covering the German procedure in regard to manpower and to -material in the occupied territories.</p> - -<p class='pindent'>When the Germans occupied the territories of Denmark, Norway, -Holland, Belgium, Luxembourg, and part of continental France, -they thereby assumed a material power of constraint with regard -to the inhabitants and a material power of acquisition with regard -to its property. They thus had in fact the possibility of utilizing -these dual resources on behalf of the war effort.</p> - -<p class='pindent'>On the other hand, legally they were confronted with precise -rules of international law relating to the occupation of territories -by the military forces of a belligerent state. These rules very -strictly limit the rights of the occupant, who may requisition -property and services solely for the needs of the army of occupation. -I here allude to the regulation annexed to the Convention -concerning the Laws and Customs of War signed at The Hague on -<span class='pageno' title='428' id='Page_428'></span> -18 October 1907, Section III, and in particular to the Articles 46, -47, 49, 52, and 53. If it please the Tribunal, I shall merely cite -the paragraph of Article 52 which defines in a perfectly exact -manner the lawful conditions of requisition of persons and property:</p> - -<div class='blockquote'> - -<p class='noindent'>“Requisitions in kind and of services may be demanded -of communities or of inhabitants only for the needs of -the army of occupation. They will be proportionate to the -resources of the country and of such a nature that they do -not imply for the population the obligation of taking part -in war operations against their native country.”</p> - -</div> - -<p class='pindent'>These various articles must, moreover, be considered in the -general spirit defined in the preamble of the Convention, from -which I take the liberty of reading the last paragraph to the -Tribunal:</p> - -<div class='blockquote'> - -<p class='noindent'>“Until such time as a more complete code of the laws of -war can be enacted, the High Contracting Parties deem -it opportune to state that in cases not included in the -regulations adopted by them, populations and belligerents -remain under the safeguard and direction of the principles -of the law of nations derived from the established usages -among civilized nations, the laws of humanity, and the -requirements of public conscience.”</p> - -</div> - -<p class='pindent'>From this point of view it is very evident that the total exploitation -of the resources of occupied countries for the benefit of the -enemy’s war economy is absolutely contrary to the law of nations -and to the requirements of public conscience.</p> - -<p class='pindent'>Germany signed the Hague Convention and it must be pointed -out that she made no reservations at that time except with regard -to Article 44, which relates to the supply of information to the -belligerents. She made no reservation with regard to the articles -which we have cited nor with regard to the preamble. These -articles and the preamble, moreover, reiterate the corresponding -text of the previous Hague Convention of 28 July 1899.</p> - -<p class='pindent'>German official ratifications of the Conventions were given on -4 September 1900 and 27 November 1909. I have purposely recalled -these well-known facts in order to emphasize that the Germans -could not fail to recognize the constant principles of international -law to which they subscribed on two occasions, long before their -defeat in 1918 and consequently outside the alleged pressure to -which they referred in regard to the Treaty of Versailles.</p> - -<p class='pindent'>While on this subject of juridical theory, may I point out -that in the arrangement signed at Versailles on 28 June 1919 in -connection with the military occupation of the territories of the -<span class='pageno' title='429' id='Page_429'></span> -Rhine, reference is made in Article 6 to the Hague Convention -in the following terms:</p> - -<div class='blockquote'> - -<p class='noindent'>“The right of requisition in kind and in services as formulated -by the Hague Convention of 1907 will be exercised by -the allied and associate armies of occupation.”</p> - -</div> - -<p class='pindent'>Thus, the governing principles of the rights of requisition by -the occupiers is confirmed by a third international agreement -subscribed to by Germany, who in regard to the occupation of -her own territory is here the beneficiary of this limitation.</p> - -<p class='pindent'>What, then, will the conduct of the Germans be like, in view -of this factual situation, which involves power and temptation, -and in view of this legal situation which involves a limitation?</p> - -<p class='pindent'>The Tribunal is already aware, by virtue of the general presentation -of the American Prosecution, that the conduct of the Germans -was to profit by the fact and to ignore the law.</p> - -<p class='pindent'>The Germans systematically violated international rules and -the law of nations, as far as we are concerned, both by forced -labor and by spoliation. Detailed illustrations of these acts in the -Western countries will be laid before you in the briefs which -will follow my own. For my part I propose to concentrate for -a moment on the actual concepts which the Germans had from -the outset. In this connection I shall submit to the Tribunal three -complementary propositions.</p> - -<p class='pindent'>First Proposition: From the very beginning of the occupation, -the Germans decided, in the interests of their war effort, to seize -in any way possible all the resources, both material and human, -of the occupied countries. Their plan was not to take any account -of legal limitations. It is not under the spur of occasional necessity -that they subsequently perpetrated their illicit acts, but in pursuance -of a deliberate intention.</p> - -<p class='pindent'>Second Proposition: However, the Germans took pains to mask -their real intentions; they did not make known that they rejected -international juridical rules. On the contrary, they gave assurance -that they would respect them. The reasons for this camouflage are -easy to understand. The Germans were anxious from the beginning -to spare public opinion in the occupied territory. Brutal -proceedings would have aroused immediate resistance which would -have hampered their actions. They also wished to deceive world -opinion, and more particularly American public opinion, since -the United States of America had at that time not yet entered -the war.</p> - -<p class='pindent'>The third proposition which I lay before the Tribunal results -from the first two. As the Germans contemplated achieving their -aims and masking their intentions, they were of necessity bound -<span class='pageno' title='430' id='Page_430'></span> -to organize a system of irregular means, while maintaining an -appearance of legality. The complexity and the technical character -of the proceedings they used enabled them easily to conceal the -real state of affairs from the uninitiated or the merely uninformed. -These disguised means proved, in fact, just as efficient and perhaps -even more so than would have been brutal seizure. They moreover -enabled the Germans to have recourse to such brutal action the -day they deemed that this would yield them more advantages -than inconvenience.</p> - -<p class='pindent'>We are of the opinion that this analysis of the German intentions -is of interest to the Tribunal for, on the one hand, it -demonstrates that the illicit acts were premeditated and that their -authors were aware of their reprehensible character; and on the -other hand, it enables one to understand the scope and extent of -these acts, despite the precautions taken to mask them.</p> - -<p class='pindent'>The evidence which the Prosecution will submit to the Tribunal -refers chiefly to the second and third propositions, for as regards -the first, that is to say, the criminal intention and premeditation, -it is demonstrated by the discrepancy between the facade and -reality.</p> - -<p class='pindent'>I say in the first place that the Germans at the time of the -occupation made a pretense of observing the rules of international -law. Here is, by way of example, a proclamation to the French -population, signed by the Commander-in-Chief of the German -Army. This is a public document which is reproduced in the -<span class='it'>Official Journal</span>, containing the decrees issued by the military -governor for French occupied territories, Number 1 dated 4 July -1940. I submit to the Tribunal this document, which will bear -Number RF-1 of the French documentation; and from it I cite -merely the following sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“The troops have received the order to treat the population -with regard and to respect private property provided the -population remains calm.”</p> - -</div> - -<p class='pindent'>The Germans proceeded in identical manner in all the occupied -countries. I also submit to the Tribunal the text of the same -proclamation, dated 10 May 1940, which was published in the -<span class='it'>Official Journal</span> of the Commander-in-Chief in Belgium and in the -north of France, Number 1, Page 1, under the title “Proclamation -to the Population of Belgium.” The German text, as well as the -Flemish text, bear the more complete title, “Proclamation to the -Population of Holland and Belgium.” In view of the identical -nature of these texts, this copy may be considered as Document -Number RF-1 (bis) of the French documentation. -<span class='pageno' title='431' id='Page_431'></span></p> - -<p class='pindent'>I now submit another proclamation entitled, “To the Inhabitants -of Occupied Countries!” dated 10 May 1940, and signed “The Commander-in-Chief -of the Army Group.” This is likewise published -in the <span class='it'>Official Journal</span> of German ordinances. This will be Document -Number RF-2 of the French documentation. I will cite the -first two paragraphs:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Commander-in-Chief of the German Army has given -me authority to announce the following:</p> -<hr class='tbk443'/> -<p class='noindent'>“I. The German Army guarantees the inhabitants full personal -security and the safeguard of their property. Those -who behave peacefully and quietly have nothing to fear.”</p> - -</div> - -<p class='pindent'>I also quote passages from Paragraphs V, VI, and VII:</p> - -<div class='blockquote'> - -<p class='noindent'>“V. The administrative authorities of the state, communities, -the police, and schools shall continue their activities. They -therefore remain at the service of their own population. . . .</p> -<hr class='tbk444'/> -<p class='noindent'>“VI. All enterprises, businesses, and banks will continue -their work in the interest of the population. . . .</p> -<hr class='tbk445'/> -<p class='noindent'>“VII. Producers of goods of prime necessity, as well as -merchants, shall continue their activities and place their -goods at the disposal of the public.”</p> - -</div> - -<p class='pindent'>The passages which I have just quoted are not the literal -reproduction of international conventions, but they reflect their -spirit. Repetition of the terms, “at the service of the population,” -“in the interest of the population,” “at the disposal of the public” -must necessarily be construed as an especially firm assurance -that the resources of the country and its manpower will be -preserved for that country and not diverted in favor of the German -war effort.</p> - -<p class='pindent'>We pass now Document under Number RF-2 (bis) to the next -of the same proclamations signed by the Commander-in-Chief of -the Army Group and published in the <span class='it'>Official Journal</span> of the -Commander-in-Chief in Belgium, numbered as above, Page 3.</p> - -<p class='pindent'>Finally, on 22 June 1940, an armistice convention was signed -between the representatives of the German Government and the -representatives of the <span class='it'>de facto</span> authority which was at that time -assuming the Government of France. This convention is likewise -a public document. It will be submitted to the Tribunal at a -later stage as the first document of the economic case. At this -stage I merely wish to cite a sentence of Paragraph 3, which reads -as follows: “In the occupied districts of France the German Reich -exercises all the rights of an occupying power.”</p> - -<p class='pindent'>This constitutes then a very definite reference to international -law. Moreover, the German plenipotentiaries gave in this respect -complementary oral assurances. On this matter I submit to the -Tribunal, in the form of French Exhibit Number RF-3 (Document -<span class='pageno' title='432' id='Page_432'></span> -RF-3), an extract from the deposition made by Ambassador Leon -Noel in the course of proceedings before the French High Court -of Justice. This extract is reproduced from a book entitled -<span class='it'>Transcript in extenso of the Sessions of the Trial of Marshal Pétain</span>, -printed in Paris in 1945 at the printing office of the official -journals and constitutes a document admissible as evidence in -accordance with the Charter of the Tribunal, Article 21. This is -the statement of M. Leon Noel, which I desire to cite to the -Tribunal. M. Leon Noel was a member of the French Armistice -Delegation.</p> - -<p class='pindent'>THE PRESIDENT: Are you going to present this document to us?</p> - -<p class='pindent'>M. FAURE: This document is presented to the Tribunal. We -have given to the Tribunal the transcript of the proceedings, and -in the book of documents the Tribunal will find the excerpt I am -now quoting.</p> - -<p class='pindent'>THE PRESIDENT: We are not in possession of it at present. -I do not know where it is.</p> - -<p class='pindent'>M. FAURE: I think that possibly this document was handed -to the Secretariat of the Tribunal rather late, but it will be here -immediately. May it please the Tribunal, I merely intend to read -a short extract from this document today.</p> - -<p class='pindent'>THE PRESIDENT: We will have it tomorrow, I hope?</p> - -<p class='pindent'>M. FAURE: Certainly, Mr. President.</p> - -<div class='blockquote'> - -<p class='noindent'>[<span class='it'>Quoting.</span>] “I have also obtained a certain number of replies -from German generals which I believe could have been -subsequently used—from General Jodl, who in the month of -May last signed at Reims the unconditional surrender of -Germany and from General (subsequently Marshal) Keitel, -who a few weeks later was to sign in Berlin the ratification -of this surrender. In this way I led them to declare in -the most categorical manner that in no event would they -interfere with administration, that the rights which they -claimed for themselves under the convention were purely -and simply those which in similar circumstances international -law and international usage concede to occupation armies, -that is to say, those indispensable for the maintenance of -security, transportation, and the food supply needs of these -armies.”</p> - -</div> - -<p class='pindent'>These assertions and promises on the part of the Germans were -therefore formal. Now, even at that time, they were not sincere. -Indeed, not only did the Germans subsequently violate them, but -from the very beginning they organized a system whereby they -<span class='pageno' title='433' id='Page_433'></span> -were enabled to accomplish these violations in the most efficacious -manner and at the same time in a manner which enabled them -to some extent to mask them.</p> - -<p class='pindent'>As far as economy and labor are concerned, this German system -comes from a very simple idea. It consisted in supervising production -at its beginning and its end. On the one hand, the -Germans embarked immediately upon the general requisitioning -of all raw materials and all goods in the occupied countries. Thenceforth, -it would depend upon them to supply, or not to supply, raw -material to the national industry. They were thus in a position to -develop one branch of production rather than another, to favor -certain undertakings, and, inversely, to oblige other undertakings -to close down. As events and opportunities demanded, they organized -this appropriation of raw materials, principally with a view to -facilitating their distribution in their own interest but the principle -was continuously maintained. They thus held, as it were, the key -of entrance to production. On the other hand, they also held the -exit key, that is to say, of finance. By securing the financial -means in the form of the money of an occupied country, the -Germans were able to purchase products and to acquire, under -the pretense of legality, the output of the economic activity of the -country. In point of fact, the Germans obtained for themselves -from the outset such considerable financial means that they were -easily able to absorb the entire productive capacity of each country.</p> - -<p class='pindent'>If the Tribunal finds it suitable, I will interrupt at this point.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 18 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='434' id='Page_434'></span><h1>THIRTY-SEVENTH DAY<br/> <span style='font-size:smaller'>Friday, 18 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>M. FAURE: Mr. President, Your Honors. At yesterday’s session -I explained to the Tribunal the principles of the provisions made -by the Germans to ensure the seizure of raw materials and the -control of finance in the occupied countries.</p> - -<p class='pindent'>These provisions will be demonstrated by numerous documents -which will be presented to the Tribunal in the course of the presentation -of the case on economic spoliation and forced labor. I -shall not quote these documents at this moment since, as I pointed -out yesterday, the purpose of my introduction is limited to the -initial concepts of the Germans in these matters. I shall cite -only one document, which reveals the true intentions of the -Germans in the very first period. This document bears our Document -Number RF-3 (bis), and I offer it in evidence to the Tribunal.</p> - -<p class='pindent'>It relates particularly to Norway. It consists of a photostatic -copy, certified, of a transcript of a conference held in Oslo, -21 November 1940, under the presidency of the Reich Commissioner. -I would point out to the Tribunal that we submit this -document as being particularly significant, because Norway is a -country which was occupied at a very early date by the Germans. -The date of 21 November 1940, which you see, refers to the very -earliest period of the German occupation, and moreover, in the -text of the conference, allusion is made to the situation of the -7 months preceding.</p> - -<p class='pindent'>You will find there the exact psychology of the occupation as -it existed in this period of April 1940 to November 1940, that -is to say, at the time, or even before, when the Germans, while -invading other countries, made the reassuring proclamations which -I read to the Tribunal yesterday.</p> - -<p class='pindent'>There were 40 personages present at the conference, of whom -State Secretary Dr. Landfried represented the Reich Ministry of -Economics. This is how the Reich Commissioner expresses himself:</p> - -<div class='blockquote'> - -<p class='noindent'>“Today’s conference is the continuation of a conference which -was held in Berlin. On this occasion I should like, first of -all, to stress and establish definitely that the collaboration -between the Wehrmacht and the Reich Commissioner is -<span class='pageno' title='435' id='Page_435'></span> -exemplary. I must protest against the idea that the Wehrmacht -carried out its financial task here in a muddled and -irresponsible manner. We must also take into account the -particular circumstances which then prevailed in Norway -and which still partially prevail.</p> -<hr class='tbk446'/> -<p class='noindent'>“Certain tasks were fixed by the Führer which were to be -carried out within a given time.</p> -<hr class='tbk447'/> -<p class='noindent'>“At the conference in Berlin the following points were settled, -which we can take as a basis of today’s conference. There is -no doubt that the country of Norway was utilized for the -execution of the tasks of the Wehrmacht during the last -7 months in such a way that a further drain on the country -without some compensation is no longer possible in view of -the future tasks of the Wehrmacht.</p> -<hr class='tbk448'/> -<p class='noindent'>“I considered it from the beginning my obvious duty in my -capacity as Reich Commissioner to devote my activities to -mobilizing all the economic and material forces of the country -for the purposes of the Wehrmacht and not to call on the -resources of the Reich as long as I am in a position to -organize such resources in the country.”</p> - -</div> - -<p class='pindent'>I will stop quoting the words of the Reich Commissioner at -this point, and now I shall cite the terms of the reply of Dr. -Landfried, which you will find a little lower down in the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am very glad to be able to state that we have succeeded here -in Norway . . . in mobilizing the economic forces of Norway -for German needs to an extent which it has not been possible -to attain in all the other occupied countries. I must thank you -especially in the name of the Minister of Economics for -having succeeded in inducing the Norwegians to achieve the -greatest possible results.”</p> - -</div> - -<p class='pindent'>I think the Tribunal will have observed the series of expressions -which are used in this document and which are quite characteristic. -The Reich Commissioner says that from the very beginning, his duty -was to mobilize all the economic and material forces of the country -for the purposes of the Wehrmacht, and Dr. Landfried answers -that they succeeded in mobilizing the economic forces to an extent -which it has not been possible to attain in all the other occupied -territories.</p> - -<p class='pindent'>Thus we see that Dr. Landfried does not say that the Germans -had, in Norway, a particular concept of occupation and that in the -other countries they used a different procedure; he says that it was -not possible to do as well in the other countries. The only limitation -he recognizes is a limit of fact and opportunity, which will soon -be overcome, but in no wise a limitation of law. The idea of a legal -<span class='pageno' title='436' id='Page_436'></span> -limitation never enters his mind, any more than it comes to the -mind of any of the 40 personages present.</p> - -<p class='pindent'>It is not here a question of an opinion or initiative of a regional -administrative authority, but rather of the official doctrine of the -Reich Cabinet and the High Command, since 40 high officials were -present at this conference, and especially the representative of the -Minister for Economy.</p> - -<p class='pindent'>I should like to stress at this point that this German doctrine -and these German methods for the mobilization of the resources of -the occupied countries necessarily extend to the labor of the -inhabitants.</p> - -<p class='pindent'>I said yesterday that the Germans ensured for themselves from -the very beginning the two keys of production. By that very fact -they had within their power the working capital and the manpower. -It depended on their decision whether labor worked or did not -work, whether there should or should not be unemployment. This -explains in a general way why the Germans took such brutal -measures as the displacement and the mobilization of workers only -after a certain time.</p> - -<p class='pindent'>In the first period, that is to say, as long as there existed in the -occupied countries stocks and raw materials, it was more in the -interests of the Germans to utilize labor locally, at least to a great -extent. This labor permitted them to produce for their benefit, with -the wealth of these countries, finished products which they seized. -Thus, besides the moral advantage of safeguarding appearances, -they avoided the initial transportation of raw materials. The -consideration of transport difficulties was always very important -in the German war economy.</p> - -<p class='pindent'>But when after a time, which was more or less long, the occupied -countries were impoverished in their raw materials and really -ruined, then the Germans no longer had any interest in permitting -labor to work on the spot. They would, indeed, have had to furnish -the raw materials themselves, and consequently that would involve -double transportation—that of raw material in one direction and -that of the finished products in the other direction. At that moment -it became more advantageous for them to export workmen. This -consideration coincided, moreover, with the needs resulting from -the economic situation of Germany at that time and with political -considerations.</p> - -<p class='pindent'>On this question of the use of labor, I shall read to the Tribunal -a few sentences of a document which I offer under Document Number -RF-4. It is therefore the document following that from which I -have just read. The note which you will find in the document book -reproduces the sentences from an article which appeared in the -newspaper <span class='it'>Pariser Zeitung</span> on 17 July 1942. -<span class='pageno' title='437' id='Page_437'></span></p> - -<p class='pindent'>I offer at the same time to the Tribunal a certified photostatic -copy of the page of the newspaper, which is from the collection -of the Bibliothèque Nationale. This article is signed by Dr. Michel, -who was the Chief of the Economic Administration in France. Its -title is “Two Years of Controlled Economy in France.” It is then an -article written for the purpose of German propaganda since it -appeared in a German newspaper which published one page in -French in Paris. Naturally I wish to point out to the Tribunal that -we in no way accept all the ideas which are presented in this -article, but we should like to point out several sentences of Dr. -Michel’s as revealing the same sort of procedure about which I -was speaking just now, which consisted of utilizing labor, first on -the spot, as long as there was raw material, and then deporting -that labor to Germany:</p> - -<div class='blockquote'> - -<p class='noindent'>“In order to utilize the productive forces of French industry, -the Reich began by transferring to France its orders for -industrial articles for the war effort.</p> -<hr class='tbk449'/> -<p class='noindent'>“One single figure is sufficient to show the success of this -transfer of German orders: The value of the transactions to -date is expressed in a figure surpassing hundreds of thousands -of millions of francs. New blood is circulating in the veins -of French economy, which is working to the utmost of its -capacity. . . .”</p> - -</div> - -<p class='pindent'>Some sentences in the original are omitted here, as they are of -no interest, and I would like to read the following sentence:</p> - -<div class='blockquote'> - -<p class='noindent'>“As the stocks of raw materials tended to diminish on account -of the length of the war, the recruitment of available -French labor began.”</p> - -</div> - -<p class='pindent'>Dr. Michel uses here elegant ways of expressing himself, which -cover the reality, that is to say, the beginning of the transfer of -workmen at the moment when raw materials, which the Germans -had appropriated from the beginning, had begun to be exhausted.</p> - -<p class='pindent'>The conclusion which I would now like to give to my statement -is the following: That the Germans have always considered labor, -human labor, as a factor for their use. This attitude existed even -before the official institution of compulsory labor, of which we -will speak to you presently.</p> - -<p class='pindent'>For Germans the work of others has always been compulsory -and for their profit, and it was meant to remain so even after the -end of the war.</p> - -<p class='pindent'>It is this last point that I should like to emphasize, for it shows -the extent and the gravity of the German conception and of the -German projects. I shall quote in relation to this a document -which will bear the Number RF-5 in our document book. Here -<span class='pageno' title='438' id='Page_438'></span> -is the document, which I submit to the Tribunal. It is a work -published in French in Berlin in 1943, by Dr. Friedrich Didier, entitled -<span class='it'>Workers for Europe</span>. It was issued by the central publishing house -of the National Socialist Party. It begins with a preface by the -Defendant Sauckel, whose facsimile signature is printed.</p> - -<p class='pindent'>I shall quote to the Tribunal a paragraph from this work, which -is the last page in my document book. It is Document Number -RF-5 and this sentence is found on Page 23. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“A great percentage of foreign workers will remain, even -after victory, in our territory, in order to complete then—having -been trained in construction work—what the outbreak -of war had prevented, and to carry out those planned projects -which up to now had remained unrealized.”</p> - -</div> - -<p class='pindent'>Thus, in a work of propaganda, consequently written with great -prudence and with intent to seduce, we nevertheless find this main -admission by the Germans, that they intended to keep, even after -the war, the workers of other countries in order to insure the -greatness of Germany without any limitation of aim or time. Hence -it is a matter of a policy of perpetual exploitation.</p> - -<p class='pindent'>If it please the Tribunal, my introduction having come to an -end, M. Herzog will present the brief relating to forced labor in -France.</p> - -<p class='pindent'>M. JACQUES B. HERZOG (Assistant Prosecutor for the French -Republic): Mr. President and Your Honors.</p> - -<p class='pindent'>The National Socialist doctrine, by the pre-eminence which it -gives to the idea of the State, by the contempt in which it holds -individuals and personal rights, contains a conception of work -which agrees with the principles of its general philosophy.</p> - -<p class='pindent'>For it, work is not one of the forms of the manifestation of -individual personalities; it is a duty imposed by the community on -its members.</p> - -<p class='pindent'>“The relationship of labor, according to National Socialist ideas,” -a German writer has said, “is not a simple judicial relationship between -the worker and his employer; it is a living phenomenon in -which the worker becomes a cog in the National Socialist machine -for collective production.” The conception of compulsory labor is -thus, for National Socialism, necessarily complementary to the -conception of work itself.</p> - -<p class='pindent'>Compulsory labor service was first of all imposed on the German -people. German labor service was instituted by a law of 26 June -1935 which bears Hitler’s signature and that of the Defendant -Frick, Minister of the Interior. This law was published in the -<span class='pageno' title='439' id='Page_439'></span> -<span class='it'>Reichsgesetzblatt</span>, Part I, Page 769. I submit it to the Tribunal as -Exhibit Number RF-6 (Document Number 1389-PS).</p> - -<p class='pindent'>From 1939 the mobilization of workers was added to the compulsory -labor service. Decrees were promulgated to that effect by the -Defendant Göring in his capacity as Delegate for the Four Year Plan. -I do not stress this point; it arises from the conspiracy entered into -by the accused to commit their Crimes against Peace, and which my -American colleagues have already brought to the attention of the -Tribunal. I merely point out that the mobilization of workers was -applicable to foreigners resident in German territory, because I -find in this fact the proof that the principle of compulsory recruitment -of foreign workers existed prior to the war. Far from being -the spontaneous result of the needs of German war industry, the -compulsory recruitment of foreign workers is the putting into -practice of a concerted policy. I lay before the Tribunal a document -which proves this. It is Document C-2 of the French -classification, which I offer as Exhibit Number RF-7. This is a -memorandum of the High Command of the German Armed Forces -of 1 October 1938. This memorandum, drawn up in anticipation of -the invasion of Czechoslovakia, contains a classification of violations -possible under international law. In connection with each violation -appears the explanation which the High Command of the Armed -Forces thinks it possible to give. The document appears in the -form of a list in four columns. In the first is a statement of the -violations of international law; the second gives a concrete example; -the third contains the point of view of international law on the -one hand and, on the other hand, the conclusions which can be -drawn from it; the fourth column is reserved for the explanation -of the Propaganda Ministry.</p> - -<p class='pindent'>I read the passage which deals with the forced labor of civilians -and prisoners of war, which is found on Page 6 of the German -original, Page 7 of the French translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Use of prisoners of war and civilians for war work, (construction -of roads, digging trenches, making munitions, -employment in transport, <span class='it'>et cetera</span>).”</p> - -</div> - -<p class='noindent'>Second column:</p> - -<div class='blockquote'> - -<p class='noindent'>“Captured Czech soldiers or Czech civilians are ordered to -construct roads or to load munitions.”</p> - -</div> - -<p class='noindent'>The third column:</p> - -<div class='blockquote'> - -<p class='noindent'>“Article 31 of an agreement signed 27 July 1939 concerning the -treatment of prisoners of war forbids their use in tasks -directly related to war measures. Compulsion to do such -work is in every case contrary to international law. The use -of prisoners of war as well as civilians is allowed for road -construction but forbidden for the manufacture of munitions.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='440' id='Page_440'></span></p> - -<p class='noindent'>Last column:</p> - -<div class='blockquote'> - -<p class='noindent'>“The use of these measures may be based on war needs or -on the declaration that the enemy has acted in the same -way first.”</p> - -</div> - -<p class='pindent'>The compulsory recruitment of foreign workers is thus in -accordance with National Socialist doctrine, one of the elements of -the policy of German domination. Hitler himself recognized this -on several occasions. I quote in this connection his speech of -9 November 1941 which was printed in the <span class='it'>Völkischer Beobachter</span> of -10 November 1941, Number 314, Page 4, which I submit to the -Tribunal under Document Number RF-8. I read the extract of -this discourse, Columns 1 and 2, and the first paragraph below, -in the German original:</p> - -<div class='blockquote'> - -<p class='noindent'>“The territory which now works for us contains more than -250 million men, but the territory in Europe which works -indirectly for this battle includes now more than 350 million.</p> -<hr class='tbk450'/> -<p class='noindent'>“As far as German territory is concerned, the territory -occupied by us and that which we have taken under our -administration, there is no doubt that we shall succeed in -harnessing every man for this work.”</p> - -</div> - -<p class='pindent'>The recruitment of foreign workers thus proceeds in a systematic -manner. It constitutes the putting into practice of the political -principles as applied to the territories occupied by Germany. These -principles, the concrete development of which in other departments -of German criminal activity will be pointed out to you by my -colleagues, are essentially of two kinds: employment of all active -forces of the occupied or dominated territories; extermination of all -their non-productive forces.</p> - -<p class='pindent'>These are the two reasons which the defendants gave in justification -for the establishment of the recruitment of foreign workers. -There are many documents to this effect; I confine myself to the -most explicit.</p> - -<p class='pindent'>The justification for the recruitment of foreign workers, because -of the necessity of including the peoples of the enslaved states in -the German war effort, is primarily a result of the explanatory -statement of the decree of 21 March 1942, appointing the Defendant -Sauckel as Plenipotentiary for Allocation of Labor. The decree was -published in the <span class='it'>Reichsgesetzblatt</span>, 1942, Part I, Page 179. I submit -it and will read its complete text to the Tribunal, as Document -Number RF-9.</p> - -<div class='blockquote'> - -<p class='noindent'>“The decree of the Führer concerning the creation of a -Plenipotentiary for Allocation of Labor, dated 21 March 1942. -<span class='pageno' title='441' id='Page_441'></span></p> -<hr class='tbk451'/> -<p class='noindent'>“The assurance of the required manpower for the whole war -economy, and in particular for the armament industry, necessitates -a uniform direction, meeting the needs of the war economy, -of all available labor, including hired foreigners and -prisoners of war, as well as the mobilization of all unused -labor still in the Greater German Reich, including the -Protectorate as well as the Government General and the -occupied territories.</p> -<hr class='tbk452'/> -<p class='noindent'>“This mission will be accomplished by Reichsstatthalter and -Gauleiter Fritz Sauckel in the capacity of Plenipotentiary -General for Allocation of Labor. In this capacity he is -directly responsible to the Delegate for the Four Year Plan.”</p> - -</div> - -<p class='pindent'>I would like to point out here that the Defendant Sauckel -developed the same theme at the Congress of Gauleiter and Reichsleiter -held 5 and 6 February 1943 at Posen. He expressed himself -in plain terms: He justified compulsory recruitment on the basis -of National Socialist philosophy and on the basis of the necessity -of drawing all the European peoples into the struggle carried on by -Germany. His speech constitutes Document 1739-PS. I submit it -under Exhibit Number RF-10, and I request the Court to take -judicial notice of it and to accept the following passages in evidence -against the Defendant Sauckel. First, Page 5 of the German text, -fourth paragraph—this is found on the first page of the French -translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“The remarkable violence of the war forces me to mobilize, -in the name of the Führer, many millions of foreigners for -labor for the entire German war economy and to urge them to -effect the maximum production. The purpose of this utilization -is to assure in the field of labor the war material necessary in -the struggle for the preservation of the life and liberty, in -the first place, of our own people, and also for the preservation -of our Western culture for those peoples who, in -contrast to the parasitical Jews and plutocrats, possess the -honest will and strength to shape their life by their own -work and effort.</p> -<hr class='tbk453'/> -<p class='noindent'>“This is the vast difference between the work which was -exacted through the Treaty of Versailles and the Dawes and -Young Plans at one time—which took the form of slavery -and tribute to the might and supremacy of Jewry—and the -use of labor which I, as a National Socialist, have the honor -to prepare and to carry out as a contribution by Germany -in the fight for her liberty and for that of her allies.”</p> - -</div> - -<p class='pindent'>The compulsory recruitment of foreign workers did not have as -its only object the maintenance of the level of German industrial -<span class='pageno' title='442' id='Page_442'></span> -production. There was also the conscious desire to weaken the -human potential of the occupied countries.</p> - -<p class='pindent'>The idea of extermination by work was familiar to the theorists -of National Socialism and to the leaders of Germany. It constituted -one of the bases of the policy of domination of the invaded territories. -I lay before the Court the proof that the National Socialist -conspirators envisaged the destruction by work of whole ethnical -groups. A discussion which took place on 14 September 1942 -between Goebbels and Thierack is significant. It constitutes Document -682-PS, which I submit to the Tribunal under Exhibit Number -RF-11, from which I take the following passage:</p> - -<div class='blockquote'> - -<p class='noindent'>“Concerning the extermination of asocial elements, Doctor -Goebbels is of the opinion that the following groups must -be exterminated: All Jews and gypsies; Poles who have to -serve 3 or 4 years penal servitude; Czechoslovakians and -Germans who have been condemned to death or hard labor for -life or placed in protective custody. The idea of extermination -by work is best.”</p> - -</div> - -<p class='pindent'>The idea of extermination by work was not applied to ethnical -groups alone, the disappearance of which was desired by the -defendants; it also led to the employment of foreign labor in the -German war industry up to the extreme limit of each man’s -strength. I will revert to this aspect of the policy of forced labor -when I lay before the Tribunal the treatment of foreign workers -in Germany: The cruelty to which they were submitted sprang from -this main conception of National Socialism, that the human forces -of the occupied countries must be employed with no other limitation -than that of their extermination, which is the final goal.</p> - -<p class='pindent'>The defendants have not only admitted the principle of compulsory -recruitment of foreign workers; they have followed a -consistent policy of putting their principle into practice, applying -it in the same concrete manner in the various occupied territories. -To do this they resorted to identical methods of recruitment; -they set up everywhere the same recruitment organizations to -which they gave the same orders.</p> - -<p class='pindent'>In the first place, it was a question of inducing foreign workers -to work in their own countries for the army of occupation and the -services connected with it. The German military and civil authorities -organized yards and workshops in order to carry out on the -spot work useful to their war policy. The yards and workshops of -the Todt Organization, which were under the direction of the -Defendant Speer after the death of their founder, and those of the -Wehrmacht, Luftwaffe, Kriegsmarine, and the NSKK organization, -employed numerous foreign workers in all areas of Western Europe. -<span class='pageno' title='443' id='Page_443'></span></p> - -<p class='pindent'>But the essential undertaking of the German labor offices was -the deportation of foreign workers to the munition factories of -the Reich. The most varied means were used to this end. They were -built up into a recruiting policy which can be analyzed as follows:</p> - -<p class='pindent'>In the beginning, this policy took on the cloak of legality. The -use of labor took the form of requisition as under the terms of -Article 52 of the appendix to the fourth Hague Convention; it was -also effected by means of the voluntary recruitment of workers, -to whom the German recruiting offices offered labor contracts.</p> - -<p class='pindent'>I shall provide the Tribunal with proof that the requisitions of -labor effected by the National Socialist authorities were a deliberate -misinterpretation of the letter and spirit of the international -convention by virtue of which they were carried out. I shall show -that the voluntary character of the recruitment of certain foreign -workers was entirely fictitious; in reality their work contracts -were made under the pressure which the occupation authorities -brought to bear on their will.</p> - -<p class='pindent'>The defendants lost no time in flinging aside their mask of -legality. They compelled prisoners of war to do work forbidden by -international conventions. I shall show how the work of prisoners -of war was incorporated in the general plan for the Allocation of -Labor from the occupied areas.</p> - -<p class='pindent'>After all, it is through force that the defendants brought their -recruitment plans to fruition. They did not hesitate to resort to -violent methods. Thus they established compulsory labor service in -the areas which they occupied. Sometimes they directly promulgated -orders bearing the signature of military commanders or Reich -commissioners; this is the case with Belgium and Holland. Sometimes -they forced the actual authorities to take legislative measures -themselves; this is particularly the case with France and Norway. -Sometimes they simply took direct action, that is, they transferred -foreign workers to factories in Germany without issuing regulations -providing for such action; this happened in Denmark. Finally in -certain occupied areas where they had carried out Germanization, -the defendants incorporated the inhabitants of those territories in -the labor service of the Reich. It happened thus in the French provinces -of Haut-Rhin, Bas-Rhin, Moselle, and in Luxembourg.</p> - -<p class='pindent'>The policy of compulsory labor was asserted and systematized -from the day when the Defendant Sauckel was appointed Plenipotentiary -General for Allocation of Labor.</p> - -<p class='pindent'>Member of the National Socialist Party since its formation, -member of the Diet of Thuringia, and member of the Reichstag, -Obergruppenführer of the criminal organizations SS and SA, the -Defendant Sauckel was Gauleiter and Reichsstatthalter of Thuringia. -On 21 March 1942 he was appointed Plenipotentiary General -<span class='pageno' title='444' id='Page_444'></span> -for Allocation of Labor by a decree of the Führer. This decree is -countersigned by Lammers in his capacity as Reichsminister and -Chief of the Chancellery and by the Defendant Keitel; the responsibility -of these latter is confirmed by this countersigning. The -Defendant Keitel has associated himself with the policy of compulsory -labor through the appointment of Sauckel, the principles -and methods of whom he approved.</p> - -<p class='pindent'>I have already read this decree to the Tribunal. I would remind -you that it placed Sauckel, in his capacity as Plenipotentiary General -for Allocation of Labour, under the immediate orders of the -Delegate for the Four Year Plan, the Defendant Göring. The latter -bears a direct responsibility in pursuing the plan of recruitment of -compulsory labor. I shall produce numerous proofs of this. I ask -the Tribunal to authorize me to produce as first proof the decree -signed by the Defendant Göring the day after the appointment of -the Defendant Sauckel. This decree, dated 27 March 1942, was -published in the <span class='it'>Reichsgesetzblatt</span>, 1942, Part I, Page 180. I submit -it to the Tribunal under Exhibit Number RF-12 (Document Number -1902-PS). Göring by this decree did away with all the administrative -offices of the Four Year Plan which had been charged with the -recruitment of labor; he transmitted their powers to Sauckel’s -department, thus confirming his appointment.</p> - -<p class='pindent'>The powers of Sauckel between 1942 and 1944 were considerably -strengthened by decrees of Hitler and Göring. These decrees gave -full significance to the Defendant Sauckel’s title of Plenipotentiary. -They gave him administrative autonomy and even legislative -competency such as he could not have aspired to had he confined -himself to executive tasks. The importance of the political part -which he played during the last 2 years of the war increases to -this extent the weight of the responsibility devolving upon him.</p> - -<p class='pindent'>I draw the attention of the Tribunal very especially to the -decrees of the Führer of 30 September 1942 and of 4 March 1943 -and to the decree of the Defendant Göring of 25 May 1942. I will -not read these decrees, which have been commented on by my -American colleague, Mr. Dodd. I submit them in support of my -argument.</p> - -<p class='pindent'>I will first refer to the decree of the Defendant Göring of -25 May 1942. It was published in the <span class='it'>Reichsgesetzblatt</span>, 1942, Part I, -Page 347. He delegated to Sauckel part of the powers relating -to labor held by the Minister of Labor. I submit it to the Tribunal -under Exhibit Number RF-13 (Document Number 1905-PS).</p> - -<p class='pindent'>Hitler’s decree of 30 September 1942 gave Sauckel considerable -power over the civil and military authorities of the territories -occupied by the German Armed Forces. It made it possible for the -defendant to introduce into the staffs of the occupying authorities -<span class='pageno' title='445' id='Page_445'></span> -personal representatives to whom he gave his orders direct. The -decree is countersigned by Lammers and by the Defendant Keitel -and appears in the <span class='it'>Collection of the Decrees, Directives, and Notices -of 1942</span>, second volume, Page 510. I submit it under Exhibit Number -RF-14 (Document 1903-PS).</p> - -<p class='pindent'>In the carrying out of this decree representatives of Sauckel’s -department were in fact introduced into the headquarters staffs -of the military commands. The interrogation of General Von -Falkenhausen, Military Governor of Belgium and Northern France, -gives in this connection a proof which I would ask the Tribunal -to be good enough to remember. General Von Falkenhausen was -interrogated on 27 November 1945 by the head of the Investigation -Section of the French Delegation. I submit his evidence to the -Tribunal under Document Number RF-15. I read the following -extract—Page 3, the first paragraph, of the French text, and -Page 2, the fifth paragraph, of the German translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Can the witness tell us what was the line of demarcation -between his own powers and the powers of the -Arbeitseinsatz?’</p> -<hr class='tbk454'/> -<p class='noindent'>“A: ‘Up to a certain moment there existed in my department -a labor service which was engaged in the hiring of -voluntary workers. I no longer remember the exact date—perhaps -autumn 1942—when this labor service was placed -under the order of Sauckel, and the only thing I had to do -was to carry out the orders which came through this way. -I don’t remember, but Reeder, who is also in prison’ ”—Reeder -was a civilian official on the staff of General Von -Falkenhausen—“ ‘is very well informed about the dates and -can undoubtedly give them better than I can.’</p> -<hr class='tbk455'/> -<p class='noindent'>“Q: ‘Before the question of labor was entirely entrusted to -Sauckel’s organization, did there exist in the General Staff -or in its services an officer who was in charge of this question? -Afterwards was there a delegate from Sauckel’s service in -this department?’</p> -<hr class='tbk456'/> -<p class='noindent'>“A: ‘Until Sauckel came into power there was, in my service, -Reeder, who directed the Bureau of Labor in my office. This -labor office functioned as an employment office in Germany, -that is to say, it concerned itself with demands for labor -which would naturally be voluntary.’</p> -<hr class='tbk457'/> -<p class='noindent'>“Q: ‘What took place when the change happened?’</p> -<hr class='tbk458'/> -<p class='noindent'>“A: ‘After the change the office continued to exist, but the -orders were given directly by Sauckel to the Arbeitseinsatz -and passed through my office.’ ”</p> - -</div> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> -<p class='pindent'><span class='pageno' title='446' id='Page_446'></span></p> - -<p class='pindent'>M. HERZOG: I have just reminded the Tribunal of the legislative -framework through which the activity of the Defendant -Sauckel was exercised. This framework was strengthened by the -varied decrees of the defendant. The first document shows that -Sauckel deliberately assumed the responsibility of the general -policy for the recruitment of foreign workers. It is his decree of -the 22d of August 1942, which appeared in the <span class='it'>Reichsarbeitsblatt</span>, -1942, Part I, Page 382. This decree lays down the principle of -forced recruitment and makes the necessary provisions for the -whole human potential of the occupied territories to be placed at -the service of the German war machine.</p> - -<p class='pindent'>Sauckel forced the inhabitants of the invaded countries to participate -in the war of Germany against their own fatherland. It -is not only a violation of international law, it is a crime against -the law of nations. I submit the decree to the Tribunal under -Document Number RF-17 and I shall read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Decree Number 10 of the Plenipotentiary General for Allocation -of Labor, concerning the employment of labor in the -occupied territories, under date of 22 August 1942.</p> -<hr class='tbk459'/> -<p class='noindent'>“In order to mobilize the labor force of the occupied territories -under the new organization for the Allocation of -Labor within the European area, this force must be subjected -to a rigid and uniform control. The maximum production, -as well as the useful and rational distribution of this force, -must be assured in order to satisfy the labor requirements of -the Reich and the occupied territories. By virtue of the full -powers which are conferred upon me, I order:</p> -<hr class='tbk460'/> -<p class='noindent'>“1) By virtue of the decree of the Führer, under date of -21 March 1942, concerning the Plenipotentiary General for -Allocation of Labor and by virtue of the ordinance of the -Delegate for the Four Year Plan, under date of 27 March -1942, concerning the application of this decree, I likewise am -competent to employ, as may be necessary, the labor of -occupied territories, as well as to take all the measures -necessary to augment its efficiency. Those German offices -competent for the tasks of the Arbeitseinsatz and for the -policy of wages, or my commissioners, will carry out this -Allocation of Labor and take all measures necessary to -increase efficiency, according to my instructions.</p> -<hr class='tbk461'/> -<p class='noindent'>“2) This decree extends to all the territories occupied during -the war by the Wehrmacht, as far as they are under German -administration.</p> -<hr class='tbk462'/> -<p class='noindent'>“3) The labor available in the occupied territories must be -utilized in the first place to satisfy the primary war needs -of Germany herself. -<span class='pageno' title='447' id='Page_447'></span></p> -<hr class='tbk463'/> -<p class='noindent'>“This labor must be utilized in the occupied territories in the -following order:</p> -<hr class='tbk464'/> -<p class='noindent'>“a) For the needs of the army, the occupation services, and -the civilian services; b) for the needs of German armament; -c) for the tasks of food supply and agriculture; d) for industrial -needs other than those of armament, in which -Germany is interested; e) for the industrial needs concerning -the population of the territory in question.”</p> - -</div> - -<p class='pindent'>A second document demonstrates the willingness of the Defendant -Sauckel to take the responsibility for the treatment of foreign -workers. It is an agreement concluded on 2 June 1943 with the -Chief of the German Labor Front. I shall not read this document -to the Tribunal; it has been discussed by Mr. Dodd. I point out -that it was published in the <span class='it'>Reichsarbeitsblatt</span>, 1943, Part I, -Page 588. I submit it in support of my statement under Exhibit -Number RF-18 (Document Number 1913-PS).</p> - -<p class='pindent'>Designated by Hitler and by the Defendants Keitel and Göring -in order to pursue, under the control of the latter, the policy of -recruitment of compulsory labor, the Defendant Sauckel carried -out his task by virtue of the responsibilities which he had assumed. -I request that the Tribunal bear this in mind.</p> - -<p class='pindent'>I request the Tribunal, likewise, to note that the policy of -recruitment of foreign workers involves the responsibility of all -German ministers responsible for the economic and social life -of the Reich. An inter-ministerial office, or at any rate an inter-administrative -office, the Central Office for the Four Year Plan, -proceeded to formulate the program for the recruitment of foreign -workers.</p> - -<p class='pindent'>All departments interested in the labor problem were represented -at the meetings of the Central Office. General Milch -presided at the meetings, in the name of the Defendant Göring. -The Defendant Sauckel and the Defendant Speer took part, in -person, and I shall submit to the Tribunal certain statements made -by them. The Defendant Funk also took part; he therefore knew -of, and approved, the program for the deportation of workers. -He even collaborated in its formulation. As proof thereof I produce -two documents inculpating Funk.</p> - -<p class='pindent'>The first is a letter of 9 February 1944, in which Funk is -summoned to a meeting of the Central Office of the Plan. It is -Document F-674 which I submit to the Tribunal under Exhibit -Number RF-19. I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Sir: In the name of the Central Office of the Plan, I invite -you to a meeting concerning the question of the Allocation -of Labor, to take place on Wednesday, 16 February 1944, -<span class='pageno' title='448' id='Page_448'></span> -at 10 o’clock in the committee room of the Secretary of -State at the Ministry of Aviation, Leipziger Strasse, in Berlin.</p> -<hr class='tbk465'/> -<p class='noindent'>“In the enclosure I transmit to you some statistics on the -subject of the development of the Allocation of Labor. These -statistics will serve as a basis for discussion at the meeting.”</p> - -</div> - -<p class='pindent'>Funk was unable personally to attend the meeting but he -arranged to be represented by Undersecretary of State Hayler. -He received the minutes of the meeting, and on 7 March 1944 he -wrote to General Milch to excuse himself for his frequent absences -from the meetings of the Office. I submit this document to the -Tribunal. It is Document F-675, which I submit under Exhibit -Number RF-20. It is the account of the 53rd meeting of the Central -Office of the Plan. The Tribunal may see on Page 2 of the French -translation that Minister Funk received an account of this meeting. -He is mentioned on the second line of the distribution list—Reich -Minister Speer first and on the second line Reich Minister -Funk.</p> - -<p class='pindent'>I now produce under Exhibit Number RF-21 (Document Number -F-676) the letter by which Funk excuses himself to Marshal Milch -because of his inability to be present at the meetings:</p> - -<div class='blockquote'> - -<p class='noindent'>“Very honored and dear Field Marshal:</p> -<hr class='tbk466'/> -<p class='noindent'>“Unfortunately the meetings of the Central Office of the Plan -are always set for dates when I am already engaged by -other important meetings. So it is to my great regret that -I shall be unable to be present Saturday at the meeting of -the Central Office of the Plan, inasmuch as I have to speak -on that day in Vienna in the course of a great demonstration -commemorating the anniversary of the day of the Anschluss.</p> -<hr class='tbk467'/> -<p class='noindent'>“State Secretary Dr. Hayler will also be in Vienna on Friday -and Saturday, where at the same time there will be an -important southeast European conference, in which foreign -delegates will participate and at which I must likewise speak.</p> -<hr class='tbk468'/> -<p class='noindent'>“Under these circumstances I beg you to allow Ministerial -Director and General of Police, SS Brigadeführer Ohlendorf, -who is the permanent deputy of State Secretary Hayler, -to participate as my representative. . . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Does this document tell us anything more -than that the Defendant Funk was unable to be present?</p> - -<p class='pindent'>M. HERZOG: This document, Mr. President, was given to me -by my American colleagues, who asked me to use it in the matter -of compulsory labor, because they have not had the necessary -time to include it in their charge against Funk. It is presented -to the Tribunal to prove that Funk followed the meetings of -<span class='pageno' title='449' id='Page_449'></span> -the Central Office of the Plan and that he had permanent representatives -there. He was represented at all meetings, and by the -minutes he received he was kept in touch with the work of the -Central Office of the Plan. That is why we present to the -Tribunal this document on Defendant Funk.</p> - -<p class='pindent'>I shall continue to quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Under these circumstances, I beg you to allow Ministerial -Director and General of Police, SS Brigadeführer Ohlendorf, -who is the permanent deputy of State Secretary Hayler, to -participate as my representative. Mr. Ohlendorf will have -Ministerial Director Dr. Koelfen as a consultant for questions -concerning goods for consumption and Counsellor of State -Dr. Janke, for questions concerning foreign trade.”</p> - -</div> - -<p class='pindent'>The policy of the Central Office pursued by the Defendant -Sauckel is shown by the mass deportation of workers. The principle -of this deportation is a criminal one, but the manner of its execution -was even more criminal. I shall submit proof of this to the -Tribunal and explain in succession, the methods of compulsory -recruitment, its results, and the conditions of deportation.</p> - -<p class='pindent'>I wish here to thank the members of the French Delegation -and of the foreign delegations who have come to my aid in the -preparation of my work, in particular, my colleague M. Pierre -Portal, attorney at the bar of Lyons.</p> - -<p class='pindent'>The statement which I have the honor of presenting to the -Tribunal will be limited to the account of the recruiting of foreign -labor in the occupied territories of Western Europe, since the -deportation of workers coming from Eastern Europe will be dealt -with by my Soviet colleagues.</p> - -<p class='pindent'>During the whole duration of the occupation the local field -commanders imposed conscription of labor on the populations of -the occupied territories. Fortification works considered necessary -for the furtherance of military operations and guard duties made -necessary by the need of maintaining the security of the occupation -troops were carried out by the inhabitants of the occupied areas. -The labor requisitions affected not only isolated individuals but -entire groups.</p> - -<p class='pindent'>In France, for instance, they affected, in turn, groups of Indo-Chinese -workers, workers from North Africa, foreign workers, -and <span class='it'>Chantiers de Jeunesse</span> (youth workyards). I produce in evidence -an extract from the report on forced labor and the deportation -of workers drawn up by the Institute of Statistics of the -French Government. This report bears the Document Number -F-515 and I submit it to the Tribunal under Exhibit Number -RF-22. This document, because of its importance, has been taken -out of the document book. I quote first of all Page 17 of the French -<span class='pageno' title='450' id='Page_450'></span> -text and 17, likewise, of the German translation, second paragraph -before the end:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paragraph 6: The forced labor recruitment of constituted -groups:</p> -<hr class='tbk469'/> -<p class='noindent'>“Finally, a last procedure employed by the Germans on a -number of occasions during the whole course of the occupation, -for direct forced labor as well as for indirect forced -labor: the ‘requisition’ of constituted groups already trained -and disciplined and consequently an excellent contribution.</p> -<hr class='tbk470'/> -<p class='noindent'>“(a) Indo-Chinese labor (M.O.I.): This formation of colonial -workers had been intended from the beginning of hostilities -to satisfy the needs of French industry in unskilled labor. -Under the control of officers and noncommissioned officers -of the French Army, who became civilian officials after the -month of July 1940, Indo-Chinese labor was, from 1945 on, -compelled to do partial forced labor, directly as well as -indirectly.”</p> - -</div> - -<p class='noindent'>I skip the table on Page 18 and I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“(b) North African labor: Between 17 August and 6 November -1942 the home country received two contingents of workers -from North Africa; one composed of 5,560 Algerians, the -other of 1,825 Moroccans. These workers were immediately -compelled to do direct forced labor, which brought the -number of North African workers enrolled in the Todt -Organization to 17,582.</p> -<hr class='tbk471'/> -<p class='noindent'>“(c) Foreign labor: The law of 11 July 1938, concerning -the organization of the nation in time of war, provided -for the cases of foreigners living in France, obliging them -to render service. Under French officers and noncommissioned -officers who by the law of 9 October 1940 had -assumed the status of civil servants, foreign labor was progressively -subjected by the Germans to direct forced labor.”</p> - -</div> - -<p class='noindent'>I skip the table and I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“(d) Youth workyards: On 29 January 1943 the labor staff -of the German Armistice Commission in Paris made known -that the Commander-in-Chief ‘West’ was examining whether -and in what ways the formations of French labor might be -called upon for the accomplishment of tasks important for -both countries. There followed partial recruiting and demands -for young people from the workyards for direct labor.”</p> - -</div> - -<p class='pindent'>Similar requisitions took place in all the other territories of -Western Europe. These requisitions were illegal. They were -carried out by virtue of Article 52 of the Appendix to the fourth -Hague Convention. In reality they systematically violated the -letter and the spirit of the text of this international law. -<span class='pageno' title='451' id='Page_451'></span></p> - -<p class='pindent'>What does Article 52 of the Appendix to the fourth Hague -Convention say? It is worded as follows:</p> - -<div class='blockquote'> - -<p class='noindent'>“Requisitions in kind and services shall not be demanded -from municipalities or inhabitants except for the needs of -the army of occupation. They shall be in proportion to -the resources of the country and be of such a nature that -they do not imply for the populations the obligation to -take part in war operations against their country. Such -requisitions and services shall be demanded only on the -authority of the commander of the area occupied.”</p> - -</div> - -<p class='pindent'>The terms in which Article 52 authorizes the requisition of -services by an army of occupation are expressly formulated. These -terms are four in number:</p> - -<p class='pindent'>1. The rendering of services can be demanded only for the -needs of the army of occupation. All requisitions made for the -general economic needs of the occupying power are thus forbidden.</p> - -<p class='pindent'>2. Services demanded by way of requisition must not entail -an obligation to take part in military operations against the -country of those rendering them. The rendering of any service -exacted in the interests of the war economy of the occupying -power, all guard duties, or exercise of military control are forbidden.</p> - -<p class='pindent'>3. Services rendered in a given area must be in proportion -to its economic resources, the development of which must not be -hampered. It follows that any requisitioning of labor is contrary -to international law if it results in the impeding or prevention -of the normal utilization of the riches of the occupied country.</p> - -<p class='pindent'>4. Finally, labor requisitions must, under the provisions of the -second paragraph of Article 52, be carried out in the area of the -locality under the administration of the occupation authority who -has signed the requisition order. The transfer of conscripted workers -from one part of the occupied area to another and, even more, their -deportation to the country of the occupied power, are prohibited.</p> - -<p class='pindent'>Labor requisitions exacted by German civilian and military -authorities in the occupied areas did not honor the spirit of Article 52. -They were carried out to satisfy either the needs of German -economy or even the needs of the military strategy of the enemy -forces. They deliberately refused to acknowledge the need of -ensuring facilities for a reasonable utilization of local resources. -They finally took the form of migration of workers. The case of -those workers who were conscripted from all countries of Western -Europe and formed an integral part of the Todt Organization, to -help in building the system of fortifications known under the name -of the “Atlantic Wall,” may be taken as a typical example. -<span class='pageno' title='452' id='Page_452'></span></p> - -<p class='pindent'>This violation of international agreements is a flagrant one; it -called forth repeated protests from General Doyen, Delegate of the -French authorities at the German Armistice Commission. I ask the -Tribunal to accept as evidence the letter of General Doyen, dated -25 May 1941. This letter constitutes Document F-283 and it is -placed before the Tribunal as Exhibit Number RF-23, I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Wiesbaden, 25 May 1941. Général de Corps d’Armée Doyen, -President of the French Delegation at the German Armistice -Commission, to General of Artillery Vogl, President of the -German Armistice Commission.</p> -<hr class='tbk472'/> -<p class='noindent'>“On several occasions, and notably in my letters Numbers -14,263/A E and 14,887/A E of 26 February and 8 March, I -protested to you against the use made of French labor within -the Todt Organization in the execution of military work on -the coast of Brittany.</p> -<hr class='tbk473'/> -<p class='noindent'>“I have today the duty of calling your attention to other cases -in which the occupation authorities have had recourse to -recruiting French civilians to carry out services of a strictly -military character, cases which are even more grave than -those which I have already called to your attention.</p> -<hr class='tbk474'/> -<p class='noindent'>“If, indeed, as concerns the workers engaged by the Todt -Organization, it may be argued that certain ones among them -accepted voluntarily an employment for which they are being -remunerated (although in practice most often they were not -given the possibility of refusing this employment), this -argument can by no means be invoked when the prefects -themselves are obliged at the expense of the departments and -the communities, to set up guard services at important points, -such as bridges, tunnels, works of art, telephone lines, munitions -depots, and areas surrounding aviation fields.</p> -<hr class='tbk475'/> -<p class='noindent'>“The accompanying note furnishes some examples of the -guard services which have thus been imposed upon Frenchmen, -services which before this were assumed by the -German Army and which normally fall to the latter, since it -is a question of participating in watches or of preserving the -German Army from risks arising from the state of war -existing between Germany and Great Britain.”</p> - -</div> - -<p class='pindent'>The occupying authorities, in the face of the resistance which -they encountered, were anxious that their orders regarding the -requisition of labor should be obeyed. The measures which they -took to this end are just as illegal as the measures taken for the -requisition itself. The National Socialist authorities in occupied -France proceeded by way of legislation. They promulgated ordinances -by which sentence of death could be pronounced against -persons disobeying requisition orders. -<span class='pageno' title='453' id='Page_453'></span></p> - -<p class='pindent'>I submit two of these ordinances to the Tribunal as evidence. -The first was given in the early months of the occupation, 10 -October 1940. It was published in the <span class='it'>Verordnungsblatt</span> for the -occupied territory of France on 17 October 1940, Page 108. I submit -it to the Tribunal under Document Number RF-24, and I read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ordinance concerning protection against acts of sabotage, -10 October 1940.</p> -<hr class='tbk476'/> -<p class='noindent'>“By virtue of the powers which have been conferred upon -me by the Führer and Supreme Commander of the Armed -Forces, I decree the following:</p> -<hr class='tbk477'/> -<p class='noindent'>“I. Whoever intentionally does not fulfill or fulfills inadequately -the tasks of surveillance which are imposed upon him -by the Chief of the Military Administration in France, or by -an authority designated by the latter, shall be condemned to -death.”</p> - -</div> - -<p class='pindent'>I skip Paragraph 2 and read Paragraph 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“In less serious cases concerning infractions of Paragraphs 1 -and 2 of the present ordinance, and in case of negligence, -punishment by solitary confinement with hard labor or -imprisonment may be imposed.”</p> - -</div> - -<p class='pindent'>The second ordinance of the Military Commander in France to -which I refer is dated 31 January 1942. It was published in the -<span class='it'>Verordnungsblatt</span> of France of 3 February 1942, Page 338. I submit -it to the Tribunal under Document Number RF-25 and I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ordinance of 31 January 1942 concerning the requisition of -service and goods.</p> -<hr class='tbk478'/> -<p class='noindent'>“By virtue of the plenary powers which have been conferred -on me by the Führer and Supreme Commander of the Armed -Forces, I decree the following:</p> -<hr class='tbk479'/> -<p class='noindent'>“1. Whoever fails to comply with these requisitions of service -or goods which are imposed upon him by the Military -Commander in France, or an authority designated by him, -or who performs them in such a manner as to imperil or -make fail the purpose of the services or requisitions, shall -be punished by penal servitude, imprisonment, or fine. A fine -may be imposed in addition to penal servitude or imprisonment.</p> -<hr class='tbk480'/> -<p class='noindent'>“2. In serious cases the penalty of death may be inflicted.”</p> - -</div> - -<p class='pindent'>These ordinances were protested against by the French authorities. -General Doyen protested on several occasions against the -first of these without his protest having any effect.</p> - -<p class='pindent'>I refer again to his letter of 25 May 1941, which I have just -submitted to the Tribunal under Exhibit Number RF-23 (Document -<span class='pageno' title='454' id='Page_454'></span> -Number F-283), and I read on Page 3 of the French text, Page 4 of -the German translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am instructed to lodge a formal protest with you against -such practices and to beg you to intervene so that an immediate -end may be put to this.</p> -<hr class='tbk481'/> -<p class='noindent'>“On 16 November, in letter Number 7,843/AE, I already -protested against the ordinance that was decreed on 10 -October 1940, by the Chief of the Military Administration in -France, which provided the death penalty for any person -failing to carry out or carrying out inadequately the tasks -of surveillance imposed by the occupation authorities. I -protested then that this demand, as well as the penalty, was -contrary to the spirit of the Armistice Convention, the object -of which was to relieve the French population from any -participation in the hostilities.</p> -<hr class='tbk482'/> -<p class='noindent'>“I had limited myself to this protest in principle because at -the time no concrete case in which such a task of surveillance -might have been imposed had been called to my attention. -But it was not possible to accept as justification of the -ordinance in question the arguments which you gave me in -your letter Number 1361 of 6 March.</p> -<hr class='tbk483'/> -<p class='noindent'>“You did indeed point out there that Article 43 of the -Hague Convention gave the occupying power the authority to -legislate, but the power to which you refer in the said article -is subject to two qualifications: There can be legislation only -to establish and secure public order and life as far as it is -possible. On the other hand, the ordinances decreed must. . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Isn’t it enough to show that General Doyen -protested? It is not necessary to read all the argument which was -put forward on the one side or the other.</p> - -<p class='pindent'>M. HERZOG: I shall then stop this quotation, Mr. President.</p> - -<p class='pindent'>The German ordinances which I have just read to the Tribunal -thus contained formal violations of the general principles of international -criminal legislation; they were decreed in contradiction -to Article 52 of the Annex to the fourth convention of The Hague -and also in contradiction to Article 43, on which they were supposed -to be based. They were, therefore, illegal and they were criminal, -since they provided death sentences which no international law or -domestic law justifies.</p> - -<p class='pindent'>The system of the requisition of service furnishes the first -example of the criminal character of the methods pursued by the -defendants in the execution of their plan of recruitment of foreign -labor. -<span class='pageno' title='455' id='Page_455'></span></p> - -<p class='pindent'>The National Socialist authorities then had recourse to a second -procedure to give an appearance of legality to the recruiting of -foreign workers. They called upon workers who were so-called -volunteers. From 1940 on, the occupation authorities opened -recruiting offices in all the large cities of the occupied territories. -These offices were placed under the control of a special service -instituted for this purpose within the general staff of the commanders-in-chief -of occupation zones.</p> - -<p class='pindent'>The Tribunal knows that these services from 1940 to 1942 -functioned under the control of the generals. From 1942 on, and -more precisely, from the day when the Defendant Sauckel became -the Plenipotentiary for Allocation of Labor, they received their -orders directly from the latter. General Von Falkenhausen, Commander-in-Chief -in Belgium and in the north of France, declared -in the testimony which I have just read to the Tribunal that from -the summer of 1942 he had become the simple intermediary charged -with transmitting the instructions given by Sauckel to the Arbeitseinsatz.</p> - -<p class='pindent'>Thus, the policy of the German employment offices set up in -the occupied areas was carried out from 1942 under the sole -responsibility of the Defendant Sauckel and his direct chief, the -Delegate for the Four Year Plan, the Defendant Göring. I ask -the Tribunal to take note of this.</p> - -<p class='pindent'>The task of the employment offices was to organize the recruiting -of workers for the factories and workshops set up in Europe -by the Todt Organization and by the Wehrmacht, Kriegsmarine, -Luftwaffe, and other German organizations. It was also their task -to procure for the German munition factories the amount of foreign -labor needed. Workers recruited in this way signed a labor contract; -thus they had, theoretically, the status of free workers and were -apparently volunteers.</p> - -<p class='pindent'>The occupation authorities always made a point of the voluntary -nature of the recruiting carried out by the employment offices, but -the line followed by their propaganda systematically ignored what -they were actually doing. In fact, the voluntary character of this -recruiting was entirely fictitious; the workers of the occupied areas -who agreed to sign German labor contracts were subject to physical -and moral pressure. This pressure took several forms. It was -sometimes collective and sometimes individual. In all its forms it -was heavy enough to deprive the workers, who were its victims, -of their freedom of choice.</p> - -<p class='pindent'>The nullity of contracts entered into under the sway of violence -is a fundamental principle of law common to all civilized nations. -It is found just as expressly stated in German law as in the laws of -the powers represented in the Court, or the states occupied by -<span class='pageno' title='456' id='Page_456'></span> -Germany. The German employment offices forced on the foreign -workers labor contracts which had no legal significance because -they were obtained with violence. I assert this and I will try to -provide the Court with proof of my assertion.</p> - -<p class='pindent'>First of all, I will show proof of premeditation by the Germans. -The pressure under which the foreign workers suffered was not the -result of sporadic action on the part of subordinate authorities. It -came from the deliberate intent which the National Socialist leaders -of Germany formulated into precise instructions.</p> - -<p class='pindent'>I submit to the Tribunal Document 1183-PS, which is Exhibit -Number RF-26. This is a circular dated 29 January 1942, dealing -with the recruitment of foreign workers. This directive comes -from a section of the Arbeitseinsatz of the Delegate for the Four -Year Plan. It bears the signature of the section chief, Dr. Mansfeld, -but it places the executive responsibility directly on the Defendant -Göring, Delegate for the Four Year Plan. I read this circular:</p> - -<div class='blockquote'> - -<p class='noindent'>“Berlin (SW 11), 29 January 1942, Saarlandstrasse 96.</p> -<hr class='tbk484'/> -<p class='noindent'>“Subject: Increased mobilization of labor for the German -Reich from the occupied territories and preparations for -mobilization by force.</p> -<hr class='tbk485'/> -<p class='noindent'>“The labor shortage, aggravated on the one hand by drafts -for the Wehrmacht and on the other hand by the increased -amount of work for armaments in the Reich, renders it -necessary for labor for service in the Reich to be recruited -from the occupied territories to a much greater extent than -heretofore, in order to relieve the shortage.</p> -<hr class='tbk486'/> -<p class='noindent'>“Therefore, any and all methods must be adopted which make -it possible to transport, without exception and at once, for -employment in the Reich, manpower in the occupied territories -which is unemployed or which can be released . . . for -use in Germany after most careful screening.”</p> - -</div> - -<p class='noindent'>I read further on Page 2 of the German text:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the first place, this mobilization shall be carried out on -a voluntary basis as hitherto. For this reason recruitment for -employment in the German Reich must be intensified considerably. -If, however, satisfactory results are to be obtained, -the German authorities who are operating in the occupied -territories must be able to exert any pressure necessary to -support the voluntary recruitment of labor for employment -in Germany.</p> -<hr class='tbk487'/> -<p class='noindent'>“Accordingly, as far as may be necessary, the regulations -in force in the occupied territories with regard to changing -the place of employment or . . . those refusing work, must be -tightened. Supplementary regulations concerning distribution -of labor must, above all, insure that older persons who are -<span class='pageno' title='457' id='Page_457'></span> -exempt will be used to replace younger persons so that the -latter may be made available for the Reich. A far-reaching -reduction in the amount of relief granted by public welfare -must also be effected in order to induce laborers to accept -employment in the Reich. Unemployment relief must be set -so low that the amount, in comparison with the average -wages in the Reich and the possibilities there for sending -remittances home, may serve as an inducement to the workers -to accept employment in Germany. When refusal to accept -work in the Reich is not justified, relief must be reduced to -an amount barely sufficient for subsistence or even cancelled. -In this case partial withdrawal of ration cards and an -assignment to particularly heavy compulsory work may be -considered.”</p> - -</div> - -<p class='pindent'>I here end the quotation and I call to the Tribunal’s attention -that this circular is addressed to all the services responsible for -labor in the occupied areas. Its distribution in Western Europe -was: The Reich Commissioner for the occupied Norwegian territories, -the Reich Commissioner for the occupied Dutch territories, -the Chief of the Military Administration of Belgium and Northern -France, the Chief of the Military Administration of France, the -Chief of the Civil Administration of Luxembourg, the Chief of -the Civil Administration at Metz, and the Chief of the Civil -Administration at Strasbourg.</p> - -<p class='pindent'>It is thus proved that a general common plan existed with a -view to compelling the workers of the occupied territories to work -for Germany.</p> - -<p class='pindent'>I have now to show how this plan was put into practice in the -different occupation zones. The machinery of pressure which the -National Socialist authorities exerted on the foreign workers can -be analyzed in the following manner: German labor offices organized -intense propaganda in favor of the recruitment of foreign workers. -This propaganda was intended to deceive the workers of the -occupied areas with regard to the material advantages offered -them by the German employment offices. It was carried out by the -press, the radio, and by every possible means of publicity. This -propaganda was also carried on as a side-line to official administrative -duties by secret organizations which had been given the -task of enticing foreign workers and subjecting them to a veritable -impressment.</p> - -<p class='pindent'>These measures proved to be insufficient. The occupation -authorities then intervened in the social life of the occupied -countries. They strove to produce artificial unemployment there and -at the same time they devoted their energies to making living -conditions worse for the workers and the unemployed. -<span class='pageno' title='458' id='Page_458'></span></p> - -<p class='pindent'>In spite of unemployment and the poverty with which they were -threatened, the foreign workers showed themselves unmoved by -German propaganda. This is why the German authorities finally -resorted to direct methods of pressure. They exercised pressure on -the political authorities of the occupied countries to make them -give support to the recruiting campaign. They compelled employers, -especially the organizational committees in France, to induce their -workers to accept the labor contracts of the German employment -offices. Finally, they took action by way of direct pressure on the -workers and gradually passed from so-called voluntary recruitment -to conscription by force.</p> - -<p class='pindent'>The fiction of voluntary enrollment was dispelled by the sight -of the individual arrests and collective raids of which the workers -of the occupied areas rapidly became the victims. There are -innumerable documents providing proof of the facts which I relate. -I shall submit the most important of these to the Tribunal.</p> - -<p class='pindent'>The documents which show proof of the publicity campaigns -made in France by the German administration will be submitted to -the Tribunal by M. Edgar Faure in the course of his brief concerning -Germanization and Nazification. By way of example I wish to -make use of a document which in the French classification bears the -Document Number F-516, which I submit under Exhibit Number -RF-27.</p> - -<p class='pindent'>This is a report of the Prefect of the Department of the North -to the Delegate of the Minister of the Interior in the General -Delegation of the French Government in the Occupied Territories. -This report points out that a German publicity car circulated through -the community of Lille in order to induce French workers to go to -Germany. I quote the report:</p> - -<div class='blockquote'> - -<p class='noindent'>“Lille, 25 March 1942. Prefect of the Region of the North, -Prefect of the Lille Region, to the Prefect, Delegate of the -Minister of the Interior with the General Delegation of the -French Government in the Occupied Territories.</p> -<hr class='tbk488'/> -<p class='noindent'>“Subject: German publicity car.</p> -<hr class='tbk489'/> -<p class='noindent'>“I have the honor to inform you that for some days a -publicity car covered with posters inviting French workers -to enroll for work in Germany has been circulating in the -vicinity of Lille, while a loud-speaker plays a whole repertoire -of records of French music, among which are featured -the ‘Marche Lorraine’ and the hymn ‘Maréchal, Here We -Are.’ ”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: I think we will adjourn until 2 o’clock.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='459' id='Page_459'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>M. HERZOG: Mr. President, Your Honors. I showed you this -morning what the official propaganda was which was conducted by -the German offices in France to persuade workers to enroll for -work in Germany. The effect of this official propaganda was reinforced -by the clandestine recruitment bureaus. Real dens for -clandestine recruiting were organized by the occupation authorities -apart from the administrative services whose activities they -completed. These recruitment bureaus were directed by German -agents who often succeeded in securing local accomplices. In France -these bureaus extended their ramifications to the non-occupied zone -as well as the occupied zone. Several documents prove their -existence. The first among them is a report transmitted on 7 March -1942 by the Vice President of the Council of Ministers of the -<span class='it'>de facto</span> Government of Vichy, to the Delegate General for Franco-German -Economic Relations. It is Document F-654 of the French -archives.</p> - -<p class='pindent'>This report is drawn up under the seal of Vice President of the -Council, Darlan. It bears the signature of an officer of the latter’s -General Staff, Commander Fontaine. I submit this report under -Exhibit Number RF-28 (Document F-654) and I read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Vichy, 7 March 1942. Your Honor, the Delegate General, -I have the honor of transmitting to you in this letter, for your -information, a report on the organization of recruitment in -France of workers for German industry.”</p> - -</div> - -<p class='pindent'>I now go to Page 2.</p> - -<div class='blockquote'> - -<p class='noindent'>“26 of February 1942. Secret. Note on the organization of -the recruitment in France of workers for German industry. -Source: excellent.</p> -<hr class='tbk490'/> -<p class='noindent'>“I. Organization of the recruitment of workers in France.</p> -<hr class='tbk491'/> -<p class='noindent'>“One of the main organizations for the recruitment of workers -in France for Germany is to be Société de Mécanique de la -Seine, whose head office is in Puteaux, Seine, at 8 Quai -National, and which is also known as A. M. S.</p> -<hr class='tbk492'/> -<p class='noindent'>“This society is to operate under the secret control of the -Kommandantur, and of three engineers, one of which is to -have the rank of chief engineer and the other two are to be -M. Meyer and M. Schronner.</p> -<hr class='tbk493'/> -<p class='noindent'>“In addition to the work which it has to carry out, this -society is particularly entrusted with the re-education of -workers recruited in France and sent to Germany at the -request of German industrial firms on payment of premiums. -<span class='pageno' title='460' id='Page_460'></span></p> -<hr class='tbk494'/> -<p class='noindent'>“The A. M. S. is assisted in these operations in the Occupied -Zone by three centers of recruiting which operate in Paris -and are the Porte de Vincennes Center, the Courbevoie -Center (200 Boulevard St. Denis), and the Avenue des Tournelles -Center. These centers are also charged with co-ordinating -the operations of recruitment in the non-occupied zone. -For this zone, the two principal centers are in Marseilles and -Toulouse. A third center is to be at Tarbes.</p> -<hr class='tbk495'/> -<p class='noindent'>“a) The center at Marseilles is in charge of the recruitment -in the Mediterranean zone, under the direction of Mr. Meyer -who is mentioned above. The address of this engineer is not -known, but one can obtain information about him at -24 Avenue Kléber, Paris, at the Military Commander’s.</p> -<hr class='tbk496'/> -<p class='noindent'>“In Marseilles the A. M. S. office is situated at 83 Rue de -Sylvabelle. In his task Mr. Meyer is assisted by M. Ringo, -who lives in Madrague-Ville, 5 bis Boulevard Bernabo, near -the slaughter house.”</p> - -</div> - -<p class='pindent'>I stop this quotation here to submit to the Tribunal the -correspondence exchanged between the months of December 1941 -and January 1942, between the Prefect of the Alpes-Maritimes and -the authorities of the Vichy Government. This is Document F-518 -which I submit to the Tribunal as Exhibit Number RF-29. This -correspondence emphasizes the activity of the German agents in -clandestine recruiting, and particularly that of Mr. Meyer, to whom -the report of Commander Fontaine, which I have just read, applies. -I quote first the letter of 10 December 1941, in which the Prefect of -the Alpes-Maritimes confirmed the reports which he had previously -made on this question. It is the letter which is on the sixth page -of the French text and the seventh page of the German text:</p> - -<div class='blockquote'> - -<p class='noindent'>“Nice, 10 December 1941. The State Counsellor, Prefect of -the Alpes-Maritimes, to His Honor, the State Secretary of -the Interior, Secretariat General of the Police, Directorate -for Home and Foreign Police.</p> -<hr class='tbk497'/> -<p class='noindent'>“Subject: The activity of foreign agents, aimed at enticing -away skilled workers.</p> -<hr class='tbk498'/> -<p class='noindent'>“Reference: Your telegrams 12,402 and 12,426 of 28 November -1941; my reports 955 and 986 of 24 November 1941 and -6 December 1941.</p> -<hr class='tbk499'/> -<p class='noindent'>“In my reports referred to I pointed out to you the activity -of recruiting agents who attempted to entice skilled workers -on behalf of Germany.</p> -<hr class='tbk500'/> -<p class='noindent'>“I have the honor of giving you below some additional -information gathered on this subject. -<span class='pageno' title='461' id='Page_461'></span></p> -<hr class='tbk501'/> -<p class='noindent'>“The German engineer Meyer and the French subject Bentz -stopped on 1 December 1941 at the Hotel Splendid in Nice, -coming from Marseilles.”</p> - -</div> - -<p class='pindent'>Now, I go on to the third paragraph before the end:</p> - -<div class='blockquote'> - -<p class='noindent'>“I permit myself to draw your attention particularly to the -fact that in Paris they enrolled French workers for Germany.”</p> - -</div> - -<p class='pindent'>Here I end the quotation.</p> - -<p class='pindent'>These documents attest to the activity which the clandestine -recruiting offices developed. But I am not satisfied merely to point -out their existence; I wish to show that these offices operated -under the initiative of official administrations and of the German -office for labor.</p> - -<p class='pindent'>The proof is furnished by a statement which the Defendant -Sauckel made on 1 March 1944, during the 54th conference of the -Central Office for the Four Year Plan. The stenographic report of -these conferences has been found. It forms Document R-124, to -which my American colleagues have already referred. I submit it -again to the Tribunal under Exhibit Number RF-30 and I shall -read from an extract of the minutes of the session of 1 March 1944. -This is in Exhibit Number RF-30, in the French text, Page 2, second -paragraph; in the German text, Pages 1770 and 1771. I quote the -page numbers which are at the bottom and on the right of the -German original. I read the declaration made by the Defendant -Sauckel:</p> - -<div class='blockquote'> - -<p class='noindent'>“The most abominable point against which I have to fight is -the claim that there is no organization in these districts -properly to recruit Frenchmen, Belgians, and Italians and to -dispatch them to work. So I have even proceeded to employ -and train a whole staff of French and Italian agents of both -sexes who for good pay, just as was done in olden times for -‘shanghaiing,’ go hunting for men and dupe them, using -liquor as well as persuasion. . .”</p> - -</div> - -<p class='pindent'>The propaganda of the official services and that of the clandestine -recruiting offices proved to be inefficacious. The National -Socialist authorities then had to resort to methods of economic -pressure. They tried to give to the workers who were to go to -Germany the hope of material advantages. I cite in respect to this -an ordinance of the Military Commander in Belgium and the North -of France, which I submit to the Tribunal. It is an ordinance of -20 July 1942 which appeared in the <span class='it'>Verordnungsblatt</span> of Belgium. -It exempts from tax Belgian workers who work in German -factories. I submit it to the Tribunal under Document Number RF-31.</p> - -<p class='pindent'>On the other hand, the occupation authorities sought to lower -the living standard of workers who remained in the occupied -<span class='pageno' title='462' id='Page_462'></span> -territories. I said that they had made poverty a factor in their -recruiting policy. I am going to prove it by showing how they -went about creating artificial unemployment in the occupied zones -and aggravating the material situation of the unemployed.</p> - -<p class='pindent'>I remark as a reminder that the German authorities also -practiced for this purpose a policy of freezing salaries. This -measure aided the recruiting campaign for labor for Germany and -had also an economic bearing, and I would like to refer the -Tribunal to the explanations which will be given on this point by -M. Gerthoffer.</p> - -<p class='pindent'>Unemployment was produced by two complementary measures: -The first is the regulating of the legal working hours; the second, -the concentration and, if need be, the closing of industrial -enterprises.</p> - -<p class='pindent'>From 1940 the local field commandants were concerned with -increasing the duration of work in their administrative zones. In -France steps taken by the local authorities brought about reactions. -The problem became general and was solved on a national scale. -Long negotiations were imposed on the representatives of the -pseudo-government of Vichy.</p> - -<p class='pindent'>Finally an ordinance of 22 April 1942, from the Military -Command in France, reserved for the occupation authorities the -right of fixing the duration of work in industrial enterprises. This -ordinance appeared in their <span class='it'>Verordnungsblatt Frankreich</span>, 1942. -I submit it to the Tribunal under Document Number RF-32 and I -quote the first paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paragraph I: For establishments and enterprises of all kinds -a minimum of working hours may be imposed. This minimum -of working hours will be decreed for an entire economic -region, for specified economic branches, or for individual -enterprises.”</p> - -</div> - -<p class='pindent'>In Belgium working hours were fixed by a decree and by an -implementing order of 6 October 1942, which appeared in the -<span class='it'>Verordnungsblatt</span> of Belgium. I submit this ordinance to the -Tribunal under Document Number RF-33.</p> - -<p class='pindent'>The regulating of working hours did not release a sufficient -number of workers for the German factories; that is why the -National Socialist authorities used a second method. Under the -pretext of rationalizing production they brought about a concentration -of industrial and commercial enterprises, certain of which -were closed at their instigation. I cite in this relation the provisions -which were made or imposed by the Germans in France, in -Belgium, and in Holland.</p> - -<p class='pindent'>In France I would like to refer to two texts. The first is the -ordinance of the Vichy Government of 17 December 1941, published -<span class='pageno' title='463' id='Page_463'></span> -in the <span class='it'>Journal Officiel de L’État Français</span>, which I submit to the -Tribunal under Document Number RF-34. The second text to -which I wish to draw the attention of the Tribunal is the ordinance -of 25 February 1942, issued by the Military Commandant in France. -This ordinance appeared in the <span class='it'>Verordnungsblatt des Militärbefehlshabers -in Frankreich</span>. I shall read it to the Tribunal because -it seems particularly important, as the principle for the compulsory -closing of certain French enterprises is laid down by a decree by -the occupying power. I shall read the first and second paragraphs -of Document Number RF-35:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paragraph I: If the economic situation, especially as regards -the use of raw materials and industrial appliances, requires -it, establishments and economic enterprises may be partly or -completely closed.</p> -<hr class='tbk502'/> -<p class='noindent'>“Paragraph II: The closing of these enterprises will be -announced by field headquarters by means of a written -notification addressed to the establishment or to the industrial -enterprise.”</p> - -</div> - -<p class='pindent'>In Belgium I refer to the ordinances of the Military Commandant, -30 March and 3 October 1942, which appeared in the -<span class='it'>Verordnungsblatt</span> in Belgium. I submit to the Tribunal the ordinance -of 30 March under Document Number RF-36.</p> - -<p class='pindent'>In Holland the regulating provisions of the occupying authorities -were more stringent than elsewhere. I present an ordinance -of the Reich Commissioner for the territory of occupied Holland, -15 March 1943. I submit it to the Tribunal under Document -Number RF-37.</p> - -<p class='pindent'>This ordinance presents a double interest. First, it offers -precise information which emphasizes the method with which the -German services executed their recruiting plan. It constitutes, on -the other hand, the first document I shall submit to the Tribunal -accusing the Defendant Seyss-Inquart. The policy of Sauckel was -carried out in Holland with the collaboration of Reich Commissioner -Seyss-Inquart. The ordinances regarding compulsory labor in -Holland were all issued on the responsibility of Seyss-Inquart, -whether they bear his actual signature or not. I ask the Tribunal -to note this.</p> - -<p class='pindent'>The increase of the legal working hours and the closing of -industrial enterprises deprived thousands of workers of their jobs. -The defendants did not hesitate to use material constraint to incite -the unemployed to work for Germany. They threatened the -unemployed that they would do away with their unemployment -compensation. This threat was made on several occasions by the -local field commandants in occupied France. I find proof in the -protest made by the French authorities to the German Armistice -<span class='pageno' title='464' id='Page_464'></span> -Commission. The French document is F-282, which I submit to the -Tribunal under Exhibit Number RF-38. I read the first page, third -paragraph of the letter:</p> - -<div class='blockquote'> - -<p class='noindent'>“Moreover, the occupation authorities stipulate that the -workers who refuse the work offered to them will forfeit -their right to unemployment compensation and may be -prosecuted by the war tribunal for sabotage of Franco-German -collaboration.”</p> - -</div> - -<p class='pindent'>Far from disavowing the initiative of their local authorities, the -Central Office for Labor gave them instructions to continue this -policy. The proof is furnished by the circular of Dr. Mansfeld, -dated 29 January 1942, which I have just submitted to the Tribunal -under Exhibit Number RF-26 (Document Number 1183-PS) in which -instructions were given that the stopping of unemployment compensation -should be utilized as a means of pressure on workers from -foreign countries. The circular of Dr. Mansfeld shows that the -blackmail of the National Socialist leaders was practiced not only -in the granting of unemployment compensation, but also in the -issuing of ration cards.</p> - -<p class='pindent'>Moreover, the defendants tried to force the inhabitants of the -occupied territories to leave for Germany by increasing their food -difficulties. The proof of this intention is given in the report of the -session of 1 March 1944 of the Conference of the Four Year Plan. -This document I referred to a short time ago as Exhibit Number -RF-30 (Document R-124). This is a passage which has not yet been -read, which the Tribunal will please permit me to read. It is on -Page 5 of the French translation, Pages 1814 and 1815 of the -German text. The page numbers are at the bottom and on the -right. I read on the top of Page 5 of the French text:</p> - -<div class='blockquote'> - -<p class='noindent'>“Milch: ‘Wouldn’t the following method be better than . . . -to protect the “S” factories, German administration should -take over the feeding of the Italians and say to them, “No -one shall receive food unless he works in a protected factory -(S-Betrieb) or leaves for Germany?’ ”</p> -<hr class='tbk503'/> -<p class='noindent'>“Sauckel: ‘It is true that the French workman in France is -better fed than the German workman in Germany. The -Italian workman, even if he does not work at all, is better -fed in the part of Italy which we occupy than if he worked -in Germany.’ ”</p> - -</div> - -<p class='pindent'>I have shown the Tribunal the economic and social measures -which the National Socialist authorities took to force workers in -the occupied territories to accept labor contracts offered by the -German authorities. This indirect coercion was reinforced by direct -pressure which was simultaneously put on the local governments, -the employers, and on the workers themselves. -<span class='pageno' title='465' id='Page_465'></span></p> - -<p class='pindent'>The National Socialist leaders knew that their recruiting policy -could be facilitated by the local authorities. That is why they tried -to make the pseudo-governments of the occupied territories -guarantee or indorse the fiction of voluntary enrollment. I submit -to the Tribunal an example of the pressure which the German -services placed on the Vichy Government to that purpose. They -first arranged that the State Secretariat of Labor should issue a -circular to all prefects on 29 March 1941. The German authorities -were not satisfied with this circular. They were conscious of the -illegality of their recruiting methods and they wished to justify -them by an agreement with the <span class='it'>de facto</span> government of France.</p> - -<p class='pindent'>They required that this agreement be made known by public -statement. Negotiations were carried out for this purpose in 1941 -and 1942. The violence of the German pressure is substantiated -by the letters addressed by Dr. Michel, chief of the administrative -staff, to the Delegate General for Franco-German Economic -Relations.</p> - -<p class='pindent'>I refer especially to his letters of 3 March 1942 and 15 May -1942, which constitute Exhibits Numbers RF-39 and 40 (Documents -Numbers F-526 and F-525). I read first to the Tribunal the letter -of 15 May, which is under Exhibit Number RF-39 (Document -Number F-526):</p> - -<div class='blockquote'> - -<p class='noindent'>“Paris, 15 May 1942.</p> -<hr class='tbk504'/> -<p class='noindent'>“Subject: The Recruiting of French Labor for Germany.</p> -<hr class='tbk505'/> -<p class='noindent'>“As the result of the conversations of 24 January 1942, and -after repeated appeals, the first draft of the declaration of -the French Government concerning recruiting was presented -27 February. On the German side it was accepted with slight -modifications and in written form on 3 March, on the condition -that at the time of its transmission to the organizational -committees, attention should be directed to the fact -that the French Government expressly approved of the -acceptance of work in Germany.</p> -<hr class='tbk506'/> -<p class='noindent'>“On 19 March attention was drawn to the fact that a draft -for a memorandum to the organizational committees should -be submitted, whereupon the draft was submitted on -27 March. On 30 March a proposal for modification was -delivered to M. Terray, who was to take it up with -M. Bichelonne.”</p> - -</div> - -<p class='pindent'>I skip the two following paragraphs, and I will read the last -paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Although no reason appears for the unusual and incomprehensible -delay, the draft has not been presented up to -now. As more than 2 months have passed since the first -<span class='pageno' title='466' id='Page_466'></span> -request for the submission of the memorandum, it is -requested that the new draft be submitted by 19 May.</p> -<hr class='tbk507'/> -<p class='noindent'>“For the Military Commandant; for Chief of the Administrative -Staff. Signed, Dr. Michel.”</p> - -</div> - -<p class='pindent'>The Tribunal undoubtedly has observed that Dr. Michel -demanded not only the circulation of a public declaration, but also -insisted that the text of this statement be officially transmitted to -the organizational committees. The pressure which occupation -authorities put upon French industrial enterprises to stimulate -them to encourage the departure of their workers to Germany was -brought about, in fact, through the medium of the organizational -committees. The German offices for labor collaborated directly -with the organizational committees. They ordered conferences in -the course of which they dictated their will to the leaders of these -committees. They also insisted that the organizational committees -should be informed of all the measures which the French authorities -had to take.</p> - -<p class='pindent'>The committees could then be associated with these measures -in the interests of German policy. The correspondence of Dr. Michel -offers numerous examples of the constant efforts of the German -authorities to act upon the organizational committees.</p> - -<p class='pindent'>I have just offered an example of this to the Tribunal in the -document which I have read. I now offer another.</p> - -<p class='pindent'>In 1941 the Germans demanded that the circulars, especially the -directive of 29 March 1941 addressed to the prefects regarding the -recruiting of laborers for Germany, should be officially transmitted -to the organizational committees. The occupation authorities -obtained satisfaction through a circular of 25 April, which I submit -to the Tribunal under Exhibit Number RF-41 (Document Number -F-521). But the terms of this circular did not receive the approval -of the German authorities, and on 28 May 1941 Dr. Michel protested -in violent terms to the Delegate General for Franco-German Economic -Relations. This protest constitutes our Document F-522. I -submit it to the Tribunal under Exhibit Number RF-42, and read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paris, 28 May 1941.</p> -<hr class='tbk508'/> -<p class='noindent'>“Subject: Recruiting of Workers for Germany.</p> -<hr class='tbk509'/> -<p class='noindent'>“Reference: Your letter Number 192 of 29 April 1941.</p> -<hr class='tbk510'/> -<p class='noindent'>“From your explanations I gather that even before my -letter of 23 April was received a circular for the organizational -committees had been drafted and sent on 25 April.</p> -<hr class='tbk511'/> -<p class='noindent'>“This circular, nevertheless, does not seem to me adequate -to support in an efficacious manner the recruiting of workers -carried out by Germany. That is why I consider that it is -necessary that, in a further directive, attention may be -<span class='pageno' title='467' id='Page_467'></span> -drawn to the points which were particularly mentioned by -me on 23 April and I request you to submit to me as soon -as possible the appropriate draft.</p> -<hr class='tbk512'/> -<p class='noindent'>“On the German side an impressive contribution toward the -creating of a favorable atmosphere has been made by means -of the intended release of an additional large number of -prisoners of war, which was considered by you at the time -of our conversation of 24 March as a primary condition for -the success of a reinforced recruiting of workers for Germany. -I am therefore probably not wrong in expecting that you -will send to the economic organizations a communication so -designed that the attitude of expectation, maintained by -French economy up until now, will develop also in the field -of the release of labor into a constructive co-operation. I -therefore expect that you will submit to me your proposals -with all possible speed.”</p> - -</div> - -<p class='pindent'>And, finally, the German services placed direct pressure upon -the workers themselves.</p> - -<p class='pindent'>First, moral pressure. The <span class='it'>opération de la relève</span> (prisoner -exchange plan) tried in France in the spring of 1942 is characteristic. -The occupation authorities promised to compensate for -the sending of French workers to Germany by liberating prisoners -of war. The return of a prisoner was to take place upon the -departure of a worker. This promise was fallacious, and reality -was quite different.</p> - -<p class='pindent'>I quote in this connection the report on compulsory labor and -the deportation of workers, which I submitted this morning to -the Tribunal under Exhibit Number RF-22 (Document Number -F-515).</p> - -<p class='pindent'>I quote Page 51, both in the French original and in the German -translation. In the French original it is the third paragraph of -Page 51 and in the German translation the first paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“If the press, inspired by the occupying power, pretends in -its commentaries to applaud the replacement plan of one -prisoner for one worker, it is undoubtedly done to order and -based on calculation; and also it seems because until 20 June -1942, 2 days before the speech cited before”—it was a speech -of the chief of the <span class='it'>de facto</span> government of France—“it was, -indeed, this proportion which the Germans Michel and Ritter -had pretended to accept in their reports to the French -administrative services.</p> -<hr class='tbk513'/> -<p class='noindent'>“The proportion, in fact, of one to five, appears to have been -a last-minute surprise of which the press had never breathed -a word.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='468' id='Page_468'></span></p> - -<p class='pindent'>The pressure of which foreign workers were the victims was -also a material pressure. I said that the fiction of voluntary enrollment -could not be maintained in view of the arrests. I wish to -submit a document to the Tribunal which furnishes a characteristic -example of the German mentality and of the methods utilized by -the National Socialist administrations. This is a document which -in the French archives is Number 527, which I submit to the -Tribunal under Exhibit Number RF-43. This is a letter from the -delegate of the Reich Labor Minister in the French department of -Pas de Calais. This official enjoins a young French workman to -depart for Germany as a free worker under threat of unfavorable -consequences. This is in Exhibit Number RF-43 (Document Number -F-527), third page:</p> - -<div class='blockquote'> - -<p class='noindent'>“Sir:</p> -<hr class='tbk514'/> -<p class='noindent'>“The 26th of March last, in Marquise, I ordered you to go to -work in Germany in your profession. You were to leave with -the convoy of the 1st of April for Germany. You paid no -attention to this summons. I warn you that you must present -yourself, with your baggage, next Monday, 28 April, before -19 hours, at 51 Rue de la Pomme d’Or in Calais. I call your -attention to the fact that you leave for Germany as a free -worker, that you will work there under the same conditions, -and earn the same wages as the German workers.</p> -<hr class='tbk515'/> -<p class='noindent'>“In case you do not present yourself, I must tell you that -unfavorable consequences may very well follow.</p> -<hr class='tbk516'/> -<p class='noindent'>“Delegate for the Labor Ministry of the Reich”—signed—“Hanneran.”</p> - -</div> - -<p class='pindent'>The proof of the constraint which the German authorities -exercised on the workers of the occupied territories to bring about -their allegedly voluntary enrollment may be continued. The -National Socialist authorities did not merely impose labor contracts -tainted with violence on foreign workers, they themselves -deliberately failed to honor these contracts.</p> - -<p class='pindent'>I find proof of this in the fact that they unilaterally prolonged -the duration of the contracts signed by foreign workers. This proof -is based on several documents. Some ordinances were issued by -the Defendant Göring in his capacity as Delegate for the Four Year -Plan; others by the Defendant Sauckel.</p> - -<p class='pindent'>I now call the attention of the Tribunal to an order of Sauckel’s, -dated 29 March 1943, which I submit to the Tribunal under Document -Number RF-44. It is an extract from <span class='it'>Verfügungen, Anordnungen, -Bekanntmachungen</span>, Volume 5, Page 203:</p> - -<div class='blockquote'> - -<p class='noindent'>“Extension of work contracts, fixed for a period of time, of -foreign workers, who during the time of their contract have, -absented themselves from their work without proper excuse. -<span class='pageno' title='469' id='Page_469'></span></p> -<hr class='tbk517'/> -<p class='noindent'>“The Plenipotentiary General for Allocation of Labor decrees:</p> -<hr class='tbk518'/> -<p class='noindent'>“The regular carrying out of the clauses of a contract for a -fixed period of time concluded by a foreign worker necessitates -that the worker should devote all his energy to the -enterprise for the whole duration of the contract. Nevertheless, -it happens that foreign workers as a result of idleness, delays -in their return to work from visits to their homes,”—I draw -the Tribunal’s attention to the following words—“serving -terms of prison, internment in a camp of correction, or for -other reasons, remain absent from their work . . . without -just cause, for a longer or shorter period of time. In such -cases foreign workers cannot be authorized to return to their -country when the period of time has elapsed for which they -agreed to work voluntarily in Germany.</p> -<hr class='tbk519'/> -<p class='noindent'>“Such procedure is not in keeping with the spirit of a work -contract for a fixed period of time, whose object is not only -the presence of the foreign worker, but also the work -accomplished by him.”</p> - -</div> - -<p class='pindent'>Kept by force in the German factories which they had entered -under compulsion, the foreign workers were neither voluntary -workers nor free workers. The exposé of the methods of German -recruiting will suffice to show the Tribunal the fictitious character -of the voluntary enrollment on which it was supposed to be based. -The foreign workers who agreed to work in the factories of the -National Socialist war industry did not act through free will. Their -number, however, remained limited. The workers of the occupied -territories had the physical and moral courage to resist German -pressure. This is proved in an admission by the Defendant Sauckel, -which I take from the minutes of the meeting of 3 March 1944 of -the Conference of the Four Year Plan.</p> - -<p class='pindent'>This is from an extract which has already been read by my -American colleague, Mr. Dodd, so I will not read it again to the -Tribunal. I merely wish to recall that the Defendant Sauckel -admitted that out of 5 million foreign workers who came to Germany, -there were not even 200,000 who came voluntarily. The -resistance of the foreign workers surprised the Defendant Sauckel -as much as it irritated him. One day he expressed his surprise to -a German general who replied, “The difficulty comes from the -fact that you address yourself to patriots who do not share your -ideal.”</p> - -<p class='pindent'>Indeed, only force could constrain the patriots of the occupied -territories to work in behalf of the enemy. The National Socialist -authorities resorted to force.</p> - -<p class='pindent'>The Germans had, from the first, the possibility of imposing their -policy of force on that kind of labor whose particular status -<span class='pageno' title='470' id='Page_470'></span> -guaranteed recruitment and apparent submission—the prisoners of -war. From 1940 on, the German military authorities organized -labor task forces in prison camps. They constantly increased the -importance of these task forces, which were put at the disposal of -agricultural economy and the war industry.</p> - -<p class='pindent'>The importance of the work required from war prisoners is -substantiated by the report on forced labor and the deportation -of workers, which I have submitted to the Tribunal under Exhibit -Number RF-22 (Document Number F-515). We find on Page 68 -of the French and German texts the following estimates: There -were, at the end of 1942, 1,036,319 French prisoners of war in -Germany; 987,687 had been assigned to the work groups and only -the surplus, that is 48,632 prisoners, remained unemployed.</p> - -<p class='pindent'>The utilization of prisoners of war in German factories does not -constitute a distinct phenomenon which can be dissociated from the -general plan for the recruiting of foreign workers; it is, on the -contrary, an integral part of this plan.</p> - -<p class='pindent'>The National Socialists have always considered that the obligation -to work applied just as much to war prisoners as to the -civilian workers of the occupied territories. They have on many -occasions expressed this conviction. I refer especially to three -documents.</p> - -<p class='pindent'>The first is the decree of the appointment of the Defendant -Sauckel, which I submitted to the Tribunal at the beginning of my -explanatory remarks.</p> - -<p class='pindent'>The second document to which I wish to draw the attention of -the Tribunal is the 10th decree of Sauckel, which I submitted some -time ago under Document Number RF-17. This decree formulates -the principle of the obligation to work and applies to war prisoners, -according to the terms of its Article 8.</p> - -<p class='pindent'>Finally, Sauckel had, in another document, affirmed that the -prisoners of war were to be subject to work in the same manner -as civilian workers. This is found in the letter which he wrote to -the Defendant Rosenberg on 20 April 1942, some days after his -appointment, to explain his project to the latter. This is Document -016-PS, which my American colleague, Mr. Dodd, has already -submitted to the Tribunal. I present it as Exhibit Number RF-45. -I shall not read from it, but I point out that on Page 20 of the -German text the problem of compulsory labor is treated in the -general heading entitled, “Prisoners of war and foreign workers.”</p> - -<p class='pindent'>These documents bring a double proof to the Tribunal. First -of all, they reveal the willingness of the National Socialists to -force prisoners to work in behalf of the German war economy -within the general frame of their recruiting policy. In the second -place, these documents establish that the utilization of prisoners -<span class='pageno' title='471' id='Page_471'></span> -of war was not undertaken only by military authorities; this -utilization was ordered and systematized by a civilian organization—that -of the Arbeitseinsatz. As well as the responsibility of the -Defendant Keitel, it entails also that of the German leaders who -conducted the labor policy: the Defendant Sauckel, the Defendant -Speer, and the Defendant Göring.</p> - -<p class='pindent'>The Tribunal knows that international law regulates the conditions -under which prisoners of war may be forced to work. The -Hague Convention formulated rules which were closely defined -by the Geneva Convention in Articles 27, 31, and 32:</p> - -<div class='blockquote'> - -<p class='noindent'>“Article 27: Belligerents may use as workers healthy war -prisoners, according to their rank and their capabilities, with -the exception of officers and corresponding ranks. Nevertheless, -if officers, or those of similar rank, ask for suitable -work, it will be supplied for them as far as possible. Noncommissioned -officers, who are war prisoners, can be required -to work only as supervisors, if they do not expressly request -remunerative occupation. . . .</p> -<hr class='tbk520'/> -<p class='noindent'>“Article 31: The work furnished by the prisoners of war. . . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: We consider these documents as official and -sufficiently authentic.</p> - -<p class='pindent'>M. HERZOG: These rules of international law determine -positively the legal powers of the nation having prisoners of war in -its custody. It is legitimate to force prisoners of war to work -during their captivity, but this includes three legal limitations:</p> - -<p class='pindent'>1. It is forbidden to compel noncommissioned officers who are -prisoners to work, unless they have expressly requested to do so.</p> - -<p class='pindent'>2. War prisoners must not be used for dangerous work.</p> - -<p class='pindent'>3. Prisoners must not be associated with the enemy war effort.</p> - -<p class='pindent'>The National Socialist authorities systematically neglected these -imperative provisions. They exercised violent constraint on noncommissioned -officers held in captivity, to force them to join labor -crews. They included war prisoners as workers in their factories -and in the workyards, without considering the nature of the work -imposed upon them. The utilization of war prisoners by National -Socialist Germany took place under illegal and criminal conditions. -This I affirm and I will prove it to the Tribunal.</p> - -<p class='pindent'>THE PRESIDENT: We will take a recess for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. HERZOG: Mr. President, Your Honors. From 1941, the Germans -exercised direct pressure on noncommissioned officers to force -<span class='pageno' title='472' id='Page_472'></span> -them to engage in productive work for the Reich war economy. -This pressure, after the failure of propaganda methods, took the -form of reprisals. Insubordinate noncommissioned officers were -subjected to ill-treatment; they were sent to special camps, such as -Coberczyn, where they were put under a disciplinary regime. Some -incurred penal sentences because of their refusal to work. I submit, -as proof, the report of the Ministry of Prisoners, Deportees, and -Refugees of the French Government, Document UK-78(2), which is, -in my document book, Exhibit Number RF-46. The document is in -a white file. I shall read from the bottom of Page 19 in the French -original, Page 10 of the German translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Work of noncommissioned officers.</p> -<hr class='tbk521'/> -<p class='noindent'>“On this subject the Geneva Convention was explicit: -Noncommissioned officers who are war prisoners can be -subjected to work only as supervisors, unless they make an -express request for a remunerative occupation.</p> -<hr class='tbk522'/> -<p class='noindent'>“In conformity with this article a certain number of noncommissioned -officers refused to work from the beginning of -their captivity. The number of imprisoned noncommissioned -officers was, at the end of 1940, about 130,000 and represented -later a very important source of labor for the Reich. Therefore, -the German authorities strove by every means to -induce the greatest possible number of objectors to work. To -this effect, during the last months of 1941, the noncommissioned -officers who did not volunteer for the work were, in -most camps, subjected to an alternating regime. For a few days -they had to undergo punishments such as the reduction of -food rations, doing without beds, compulsory physical exercises -for a number of hours, and particularly the <span class='it'>pelote</span> (punishment -drill). During another period they were promised work -according to their liking, and other material advantages, for -example, special regulations for insurance, an extra number -of letters, and higher wages. These methods led a certain -number of noncommissioned officers to accept work. The -noncommissioned officers who persisted in their refusal to -work were subjected to a very severe disciplinary regime -and to arduous physical exercises.”</p> - -</div> - -<p class='pindent'>The National Socialist military authorities utilized the prisoners -of war for dangerous work. The French, British, Belgian, and -Dutch prisoners were used to transport munitions, to load bombs -on planes, to repair aviation camps, and to construct fortifications. -The proof of the use of prisoners of war for the transport of munitions -and for the loading of bombs on planes is furnished by the -affidavits of repatriated French prisoners of war. These affidavits -<span class='pageno' title='473' id='Page_473'></span> -have been assembled in the report of the Ministry of Prisoners, -which I have just quoted and which I shall quote again.</p> - -<p class='pindent'>I now quote Page 27 of the French document, Page 14 of the -German translation. It is the same document from which I have -just quoted, Exhibit Number RF-46, Page 27:</p> - -<div class='blockquote'> - -<p class='noindent'>“(b) The requisition of prisoners for the construction of -fortifications and for the transport of munitions, very often -in the close vicinity of the firing line.</p> -<hr class='tbk523'/> -<p class='noindent'>“The war prisoners, Kommando 274 of Stalag II B, complain, -December 1944, of being employed on Sundays in the -construction of antitank trenches.</p> -<hr class='tbk524'/> -<p class='noindent'>“On 2 February 1945 the prisoners of Stalag II D, evacuated -on account of the advance of the Russian Army, worked, as -soon as they arrived at Sassnitz, at fortification works and -antitank works, in particular around the city.</p> -<hr class='tbk525'/> -<p class='noindent'>“After falling back from Stalag III B, the war prisoners were -engaged until the end of April in earthworks, digging -trenches, and in transporting aviation bombs.</p> -<hr class='tbk526'/> -<p class='noindent'>“Kommando 553 at Lebus was obliged to carry out work in -the front lines under the fire of Russian artillery. Numerous -comrades, drawn back to Fürstenwalde, were employed in -loading bombs on German bombers. In spite of their protests -to the International Committee of the Red Cross in Geneva -and to the colonel commanding Stalag III B, about billeting -in barns, very bad hygiene, and insufficient food, the latter -answered that he was obeying superior orders of the OKW, -ordering the prisoners to dig trenches.”</p> - -</div> - -<p class='pindent'>The National Socialist leaders, for that matter, admitted that -they used French and British prisoners of war for military work -on airdromes exposed to Allied bombardment.</p> - -<p class='pindent'>I offer in proof two notes, the first addressed by the OKH to the -War Prisoners Section of the Wehrmacht, and the second by -“Wilhelmstrasse” to the German representative of the Reich -Foreign Office at the Wiesbaden Armistice Commission.</p> - -<p class='pindent'>The memorandum of the OKH, dated 7 October 1940, constitutes -Document F-549; I submit it to the Tribunal under Exhibit Number -RF-47, and I read it in full:</p> - -<div class='blockquote'> - -<p class='noindent'>“The demand of the French Delegation shall be considered -unfounded. The lodging of war prisoners in camps situated -in the vicinity of aviation fields is not in contradiction to the -rules of the rights of nations.</p> -<hr class='tbk527'/> -<p class='noindent'>“According to Article 9, Paragraph 4, of the Convention on -the Treatment of War Prisoners, of 27 July 1929, no prisoners -of war shall be exposed to the fire of the combat zone. -<span class='pageno' title='474' id='Page_474'></span> -Combat zone in this sense is to be understood as the space -in which normally a battle between two armies is carried on, -thus extending to a depth of about 20 kilometers from the -advance line. Places exposed to possible aerial attacks, -however, do not belong to the combat zone. In this age of -air warfare there no longer exists any sure shelter. The fact -of using war prisoners for the construction of a camp and -for the repairing of destroyed runways does not seem to -lend itself to any controversy.</p> -<hr class='tbk528'/> -<p class='noindent'>“According to Article 31 of the Convention quoted above, -war prisoners must not be used in works directly related to -war activity. The construction of shelters, houses, and camps -is not directly a war act. It is recognized that war prisoners -may be employed in the construction of roads. Accordingly -their utilization for the reconstruction of aviation camps -that have been destroyed is permissible. On the roads, -trucks, tanks, ammunition cars, <span class='it'>et cetera</span>, are driven, and on -the aviation fields there are planes. It is all the same.</p> -<hr class='tbk529'/> -<p class='noindent'>“On the other hand, it would be illegal to use war prisoners -for loading bombs, munitions, <span class='it'>et cetera</span> on bombers. This -would be work directly related to war activity.</p> -<hr class='tbk530'/> -<p class='noindent'>“By reason of the legal position explained above, the OKH -has rejected the idea of withdrawing French prisoners of war -employed on work in the aviation camps.”</p> - -</div> - -<p class='pindent'>I draw the attention of the Tribunal to this document. It -emphasized the bad faith of the leaders of National Socialist Germany, -which was two-fold: In the first place, the note of 7 October -1940, which I have read, acknowledges that it is forbidden by -international law to use prisoners of war for the loading of bombs -and ammunitions on bombers. But I have just brought proof to the -Tribunal that the French prisoners of war were used for this -purpose. In the second place, the note of the OKH disputes the -dangerous character of the work carried out on the aviation fields.</p> - -<p class='pindent'>But the note of “Wilhelmstrasse,” to which I shall now refer, and -which I submit to the Tribunal under Exhibit Number RF-48 (Document -Number F-550), recognizes, on the contrary, that prisoners -forced to work on an aviation field incur grave danger because of -the military purpose of this work.</p> - -<p class='pindent'>I will read to the Tribunal a note of the German Foreign -Office dated 14 February 1941, Exhibit Number RF-48 (Document -Number F-550):</p> - -<div class='blockquote'> - -<p class='noindent'>“Article 87 of the Agreement of 1929 on Prisoners of War -provides that, in case of difference of opinion on the subject -<span class='pageno' title='475' id='Page_475'></span> -of the interpretation of the Agreement, the protecting powers -shall offer their services to settle the dispute. To accomplish -this, any protecting power may propose a meeting of representatives -of the belligerent powers. . . . France herself assumes -the responsibilities of a protecting power in questions on -prisoners of war.”</p> - -</div> - -<p class='pindent'>I shall pass on from this quotation to Paragraph 2 of the same -document:</p> - -<div class='blockquote'> - -<p class='noindent'>“As to the point in dispute, it is well to call attention to -the following:</p> -<hr class='tbk531'/> -<p class='noindent'>“The French conception, according to which prisoners of -war may not be quartered near airfields and may not be -employed in repairing runways, cannot be based on the exact -content of Articles 9 and 31; but, on the other hand, it is -certain that French prisoners of war quartered and employed -under these conditions are in a particularly dangerous -situation, because the airfields in occupied territories are used -exclusively for German military purposes and thus constitute -a special objective for enemy air attacks.</p> -<hr class='tbk532'/> -<p class='noindent'>“The American Embassy in Berlin has likewise made a -protest against a similar use of British prisoners of war in -Germany. So far no answer has been made, because a rejection -of this protest might result in German prisoners being -employed in similar work in England.”</p> - -</div> - -<p class='pindent'>The utilization of war prisoners for the construction of fortifications -is substantiated by Document 828-PS, which I file with the -Tribunal under Exhibit Number RF-49. It is a letter of 29 September -1944, addressed by the Chief of the German 1st Army Corps to the -OKW, to give an account of work on fortifications accomplished by -80 Belgian prisoners of war. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“According to the teletype referred to, it is reported that -in the territory of Stalag I A, Stablack Einsatzbereich 2-213, -Tilsit-Loten near Ragnit, there are 40 Belgian prisoners of -war and in Lindbach, near Neusiedel, 40 Belgian prisoners of -war, who are employed on fortification work.”</p> - -</div> - -<p class='pindent'>There remains the task of proving that Allied prisoners, forced -to work in Reich armament factories, were associated with the -enemy war effort. To this end I first offer Document 1206-PS. This -document is a memorandum, dated 11 November 1941, concerning a -report made 7 November 1941 by the Reich Marshal. The document, -consequently, establishes the direct responsibility of the Defendant -Göring. The use of Russian war prisoners is treated in a general -way in this document, but it deals also with the use of war prisoners -<span class='pageno' title='476' id='Page_476'></span> -of Western European countries. I submit this document to the -Tribunal as Exhibit Number RF-50, and I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Berlin, 11 November 1941.</p> -<hr class='tbk533'/> -<p class='noindent'>“Notes on report made by the Reich Marshal at a meeting -of 7 November 1941 in the Reich Ministry for Air.</p> -<hr class='tbk534'/> -<p class='noindent'>“Subject: Employment of Russian labor in the war economy.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Has that already been put in by the United -States?</p> - -<p class='pindent'>M. HERZOG: I think, Mr. President, that it was presented by -the United States Prosecution. I shall, therefore, simply quote an -extract, the fifth and sixth paragraphs of the first page, concerning -the employment of French and Belgian war prisoners on individual -employment in the economy of armament. This use of war prisoners -in the Reich munitions factories corresponded to a common plan. -It is the result of a systematic policy. The administrative offices -for labor deliberately assigned to armament factories all war -prisoners who seemed capable of carrying out skilled work. I quote, -in this connection, Document 3005-PS, Exhibit RF-51. It is a circular -addressed, in 1941, by the Ministry of Labor to the heads of employment -offices concerning the use of French and Russian prisoners of -war. This document has been submitted and commented upon by -my American colleague, Mr. Dodd. I shall, therefore, not read it. -I simply point out that this circular deals with the employment of -all French war prisoners in the armament factories of the Reich.</p> - -<p class='pindent'>After the capitulation of Italy, Italian soldiers who had fallen -into the hands of the Germans—they were not called prisoners of -war, but rather “military internees”—were forced to work. I offer -in this connection, a directive of the Defendant Bormann, of -28 September 1943, Document 657-PS, which I submit to the -Tribunal under Exhibit Number RF-52.</p> - -<p class='pindent'>The Italian military internees were in three categories; some -asked to continue the struggle on the side of the German army; -others desired to keep a neutral attitude; others turned their arms -against their former allies. The military internees of the second -and third categories were, in the terms of the circular, to be forced -to work. I read:</p> - -<div class='blockquote'> - -<p class='noindent'>“Circular Number 55/43 G.R.S., top secret. Concerning the -treatment and employment of Italian military internees.</p> -<hr class='tbk535'/> -<p class='noindent'>“The OKW, in connection with the Plenipotentiary General -for Allocation of Labor, has regulated the treatment and the -employment of Italian military internees. The most important -directions of the ordinances of the OKW are the following. . . .”</p> - -</div> - -<p class='pindent'><span class='pageno' title='477' id='Page_477'></span></p> - -<p class='pindent'>I shall skip the rest of the first page and proceed to Page 2 of -the French translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Italian internees who, when investigated, do not -declare themselves ready to continue the struggle under -German command, are put at the disposal of the Plenipotentiary -General for Allocation of Labor, who has already -given the necessary instructions for their employment to the -heads of the regional labor offices.</p> -<hr class='tbk536'/> -<p class='noindent'>“It is to be noted that Italian military internees must not -be employed together with the British and American prisoners -of war. . . .”</p> - -</div> - -<p class='pindent'>The prisoners of war offered passive resistance to German force. -The National Socialist authorities intervened again and again to -attempt to increase their output. I refer to Document 233-PS, which -I submit to the Tribunal under Exhibit Number RF-53. It is a -directive of the OKW of 17 August 1944. The purpose is to indicate -to the war prisoner bureaus measures capable of increasing the -production of the prisoners. I read from the document:</p> - -<div class='blockquote'> - -<p class='noindent'>“Subject: Treatment of War Prisoners—Increase in Production.</p> -<hr class='tbk537'/> -<p class='noindent'>“The measures taken until now with regard to the treatment -of war prisoners and the increasing of their production -have not given the hoped-for results. The offices of the Party -and those of economy continually complain of the poor labor -output of all the war prisoners. The object of this circular -is to make known the directives for prisoners of war made in -agreement with all interested offices of the Party and State. -Accordingly all guard companies and their auxiliaries are to -be given detailed instructions.</p> -<hr class='tbk538'/> -<p class='noindent'>“1. Collaboration with the Hoheitsträger of the NSDAP.</p> -<hr class='tbk539'/> -<p class='noindent'>“The co-operation of all officers in charge of war prisoners -with the Hoheitsträger of the Party must be intensified to an -even greater extent. To this end the commanders of the -prisoners-of-war camps shall immediately detail, for all the -Kreise in their command, an energetic officer acquainted with -all questions concerning prisoners of war, to act as liaison -officer to the Kreisleiter. This officer shall have the duty of -settling in closest collaboration with the Kreisleiter, according -to the instructions of the camp commander, all questions concerning -prisoners of war which might be of public interest.</p> -<hr class='tbk540'/> -<p class='noindent'>“The aim of this collaboration must be: (a) To increase -the labor output of war prisoners; (b) to solve all arising -difficulties quickly and on the spot; (c) to organize the -employment of war prisoners in the Kreise in such a way that -it meets with the political, military, and economic requirements. -<span class='pageno' title='478' id='Page_478'></span></p> -<hr class='tbk541'/> -<p class='noindent'>“The Chancellery of the Party will give the necessary orders -to the Gauleiter and the Kreisleiter.</p> -<hr class='tbk542'/> -<p class='noindent'>“2. Treatment of prisoners of war. The treatment of -prisoners of war shall be dictated, within limits compatible -with security, by the sole purpose of increasing the labor output -to the utmost extent. In addition to just treatment, -providing the prisoners with the food due them according to -stipulations, and with proper billets, supervision of the labor -output is necessary to achieve this highest possible production.</p> -<hr class='tbk543'/> -<p class='noindent'>“Available means must be employed with extreme rigor as -regards lazy and rebellious prisoners.”</p> - -</div> - -<p class='pindent'>The resistance of war prisoners caused the German labor bureaus -to use a subterfuge to force them to work. I refer to the operation -called the transformation of war prisoners into free workers. -It consisted in transforming prisoners of war into so-called free -workers, to whom a labor contract was offered. The operation was -perfected by the Defendant Sauckel in the course of one of his trips -to Paris on 9 April 1943. To Germany it offered the advantage of -permitting the use of transformed prisoners in armament factories -without directly violating the Geneva Convention. For the prisoners -it presented only an illusory advantage, the decrease of the -surveillance to which they were subjected. In reality the length and -the nature of the work imposed upon them was in no way changed; -their housing conditions and the quality of their rations remained -unchanged. Moreover, this operation, presented by German propaganda -as a special measure to war prisoners, brought about a -deterioration of their legal status.</p> - -<p class='pindent'>The prisoners of war were not fooled; in most cases they refused -to co-operate with this German maneuver. Some agreed to do it, but -a number of these took advantage of the first leave granted them -because of their change in status, and fled. The report of the -Statistical Institute on Forced Labor, which I submitted to the -Tribunal this morning under Exhibit Number RF-22, (Document -Number F-515) gives in this connection the following information. -I quote it, Page 70 of the French text, Page 70 of the German translation. -I shall read the second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The transformation of prisoners into ‘free’ workers, which -was realized or carried out as the second Sauckel act and -which because of this fact must be counted in the present list -as dating from 25 April 1943, was decided by him, Sauckel, in -the course of a trip to Paris on 9 April 1943. It was to afford, -after the prisoner had signed his contract, leave to go to -France which was dependent on the return of the men who -had gone on leave before. Two attempts were made to carry -<span class='pageno' title='479' id='Page_479'></span> -out this plan. As of 24 April 1943, out of 1,000 on leave, 43 did -not return. In the month of August following, out of 8,000 on -leave, 2,000 did not return. A last appeal directed to them -was published in the press of 17 August without result. There -is no third experiment, and the transformation in practice -limited itself to the removal of sentinels and of camp guards, -but did not change either the nature or the duration of the -work or the housing conditions or the rations. On the other -hand, it entailed loss of rights to receive packages from the -International Red Cross and loss of the diplomatic protection -of prisoners of war.”</p> - -</div> - -<p class='pindent'>The forced utilization of war prisoners did not permit the German -authorities to solve the labor problem of the war economy. -That is why they applied their policy of force to the civilian -populations of the occupied territories.</p> - -<p class='pindent'>The National Socialist authorities systemized their policy of -force, from 1942 on, by instituting compulsory labor in the different -occupied territories. From the end of 1941 it has been confirmed -that neither the recruiting of voluntary workers nor the utilization -of prisoners led to a solution of the problem of the labor required -for the war economy. The Germans then decided to proceed to the -forced enrollment of civilian workers. They decreed a veritable -civilian mobilization, the execution of which characterizes their -criminal activity.</p> - -<p class='pindent'>I refer to a circular of 29 January 1942, issued by Dr. Mansfeld -on the responsibility of the Defendant Göring. I remind the Tribunal -that I have submitted this Document Number 1183-PS already -under Exhibit Number RF-26. I read the passage from the document -where I stopped this morning, Page 2, last paragraph of the French -translation, Page 2; last paragraph also of the German original:</p> - -<div class='blockquote'> - -<p class='noindent'>“In order to avoid effects detrimental to the armament industry, -all considerations must yield to the necessity of filling -in every case the gaps in the labor supply caused by extensive -drafting into the Wehrmacht. To this end the forced mobilization -of workers from the occupied territories must not be -overlooked if voluntary recruitment should not succeed. The -mere possibility of compulsory mobilization will, in many -cases, facilitate recruiting.</p> -<hr class='tbk544'/> -<p class='noindent'>“Therefore I ask you to take immediate steps in your district -to promote the employment of workers in the German Reich -on a voluntary basis. I herewith request you to prepare for -publication, regulations to render possible forced mobilization -of labor in your territory for Germany, so that they may be -decreed at once in case recruiting on a voluntary basis remains -without the success necessary to relieve labor in the Reich.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='480' id='Page_480'></span></p> - -<p class='pindent'>The appointment of the Defendant Sauckel may be considered -as preparatory measure for the establishment of compulsory labor. -It was necessary that a central authority be set up in order to co-ordinate -the activity of the different labor departments to proceed -to the mobilization of civilian workers. The terms explaining the -motives of the decree of appointment are explicit: The mission of -the Plenipotentiary for Allocation of Labor consists in satisfying the -labor needs of the German economy through the recruiting of -foreign workers and the utilization of war prisoners. The decree of -Sauckel dated 22 August 1942, which I have submitted to the Tribunal -under Document Number RF-17, expresses, moreover, the -will of the defendant to set about recruiting by means of coercion.</p> - -<p class='pindent'>The institution of compulsory labor represents deliberate violation -of international conventions. The deportation of workers is forbidden -by several stipulated regulations which have the value of actual -law. I shall quote, first of all, Article 52 of the Annex to the Fourth -Convention of the Hague. I have already given a commentary on -it to the Tribunal to demonstrate that the requisitioning of labor -effected by the occupation authorities was illegal. Much more, the -institution of compulsory labor was prohibited by Article 52. Compulsory -labor was imposed upon foreign workers in the interest -of the German war economy. It was carried out in armament factories -of National Socialist Germany. It deprived the occupied territories -of labor necessary for the rational exploitation of their wealth. -It therefore is not within the framework of that labor requisition -which Article 52 of the Hague Convention authorizes.</p> - -<p class='pindent'>The prohibition of forced labor is, moreover, affirmed by -another international convention. It is a question of the Convention -of 25 September 1926 on slavery, of which Germany is a -signatory. This treaty makes forced labor equivalent to slavery -in its Article 5. I ask the Tribunal to refer to it.</p> - -<p class='pindent'>Deportation of workers is the subject of a formal prohibition. -Forced labor in German war factories was, therefore, instituted in -flagrant violation of international law and of all pledges subscribed -to by Germany. The National Socialist authorities transgressed -positive international law; they likewise violated the law of nations. -The latter guarantees individual liberty, on which the principle of -forced recruitment is a characteristic attack.</p> - -<p class='pindent'>The violation of treaties and the contempt of the rights of individuals -are the tenets of National Socialist doctrine. Therefore, -the defendants proceeded not merely to the mobilization of foreign -workers; they proclaimed the necessity and the legitimacy of forced -labor. I shall, first of all, indicate to the Tribunal certain declarations -made by the defendants which amount to admissions. I shall -thereupon indicate how the occupation authorities introduced the -<span class='pageno' title='481' id='Page_481'></span> -service of compulsory work in the different occupied territories. -I shall demonstrate, finally, that the Germans took measures of -violent coercion in an attempt to assure the execution of the -civilian mobilization which had been decreed.</p> - -<p class='pindent'>The legitimacy of forced enrollment has been upheld by Hitler. -The proof of this can be found in the report of the Führer conferences -held on 10, 11, and 12 August 1942. It is contained in -Document R-124 which I presented this morning under Exhibit -Number RF-30. I shall not read it to the Tribunal, because my -American colleague, Mr. Dodd, has done so during his presentation -on forced labor. I point out that the document to which I refer -indicates that the Führer was in agreement with the exercise of all -the necessary compulsion in the East as well as in the West, if the -question of recruiting foreign workers could not be regulated on a -voluntary basis.</p> - -<p class='pindent'>The necessity of making use of compulsory labor was expressed -in identical terms by certain defendants.</p> - -<p class='pindent'>I shall not stress the numerous statements of the Defendant -Sauckel to which I have already drawn the attention of the Tribunal. -The explanatory statement of his decree of 22 August 1942, -the program included in his letter of 24 April 1942, and the policy -advocated in his speech at Posen in February 1943, reproduce faithfully -the determination of the defendant to justify the principle -of forced recruiting. I shall not revert to this.</p> - -<p class='pindent'>I present to the Tribunal the declaration of the Defendant Jodl. -This declaration is an extract from a long speech made by General -Jodl, 7 November 1943 at Munich before an audience of Gauleiter. -This speech is Document L-172. I offer it in evidence to the Tribunal -under Exhibit Number RF-54. I shall read Page 2 of the -French translation, Pages 38 and 39 of the German original:</p> - -<div class='blockquote'> - -<p class='noindent'>“The dilemma of manpower shortage has led to the idea of -making more thorough use of the manpower reserves in the -territories occupied by us. Here right and wrong conceptions -are mixed together. I believe that as far as labor is concerned, -the utmost has been done, but where this is not yet -the case, it would appear preferable from the political point -of view to abstain from compulsory measures and instead to -aim at order and economic effort. In my opinion, however, -the time has now come to take steps with remorseless vigor -and resolution in Denmark, Holland, France, and Belgium -to compel thousands of idle persons to carry out fortification -work, which takes precedence over all other tasks. The -necessary orders for this have already been given.”</p> - -</div> - -<p class='pindent'>The German Labor Service had not waited for the appeal of -General Jodl to decree the mobilization of civilian foreign workers. -<span class='pageno' title='482' id='Page_482'></span> -I am going to show the Tribunal how compulsory labor was instituted -and organized in France, Norway, Belgium, and Holland.</p> - -<p class='pindent'>I should like to remind the Tribunal that in Denmark there was -never any legal regulation for forced labor and that forced labor -was carried out as a simple <span class='it'>de facto</span> measure.</p> - -<p class='pindent'>I also wish to remind the Tribunal that compulsory labor was -introduced in a special form in Luxembourg and in the French -departments of Alsace and Lorraine. The occupation authorities -incorporated the citizens of Luxembourg and the French citizens -residing in the departments of Bas-Rhin, Haut-Rhin, and Moselle, -in the labor service of the Reich. This incorporation was carried -out by ordinances of Gauleiter Simon and Gauleiter Wagner. The -ordinances constitute an integral part of the Germanization plan -for territories of Luxembourg, Alsace, and Lorraine. Their scope -exceeds that of the measures of forced enrollment which were -taken in other occupied territories. That is why I refer the Tribunal, -on this point, to the explanation which will be given in the -trial brief of M. Edgar Faure.</p> - -<p class='pindent'>Two German texts of a general nature serve as a foundation -for the legislation on forced labor in the occupied territories of -Western Europe.</p> - -<p class='pindent'>The first is the decree of Sauckel of 22 August 1942, to which -I have drawn the attention of the Tribunal on several occasions. -This decree prescribes the mobilization of all civilian workers in -the service of the war economy. Article 2 prescribes that this -decree is applicable to occupied territories. This decree of -22 August 1942 thus constitutes the legal charter of the civilian -mobilization of foreign workers. This mobilization was confirmed -by an order of the Führer of 8 September 1942. It is Document -556(2)-PS, Exhibit Number RF-55, which I submit to the Tribunal -and from which I shall read:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Führer and Supreme Commander of the Wehrmacht; -General Headquarters of the Führer: 8 September 1942.</p> -<hr class='tbk545'/> -<p class='noindent'>“The extensive coastal fortifications which I have ordered -to be erected in the area of Army Group West necessitate -in the occupied territory the utilization of all available -workers to the fullest extent and to their utmost capacity. -The assignment of indigenous workers, made up to now, is -insufficient. In order to increase it, I order the introduction -of compulsory labor and the prohibition of changing the -place of employment without permission of the authorities -in the occupied territories.</p> -<hr class='tbk546'/> -<p class='noindent'>“Furthermore, in future, the distribution of food and clothing -ration cards to those subject to compulsory labor shall -depend on the possession of a certificate of employment. -<span class='pageno' title='483' id='Page_483'></span> -Refusal to accept an assigned job, as well as leaving the -place of work without the consent of the authorities in -charge, will result in the withdrawal of the food and clothing -ration cards.</p> -<hr class='tbk547'/> -<p class='noindent'>“The GBA”—that is, the office of the Defendant Sauckel—“in -agreement with the military commanders or the Reich Commissioners, -will issue the appropriate directives.”</p> - -</div> - -<p class='pindent'>The forced enrollment of foreign workers was preceded by -preliminary measures to which the order of 8 September 1942 -refers—which I have just read. I am speaking of the freezing of -labor. To carry out the mobilization of workers it was necessary -for the public services to exercise strict control over their use in -the industrial enterprises of occupied territories. This control had -a double purpose: It was to facilitate the census of workers suitable -for work in Germany and to prevent workers from avoiding the -German requisition by alleging a real or fictitious employment. The -National Socialist authorities exercised this control by restricting -the liberty of hiring and discharging, which they had given to the -authorities of the labor bureaus.</p> - -<p class='pindent'>In France, the freezing of labor was brought about by the law -of 4 September 1942. I shall shortly explain to the Tribunal the -conditions under which this law was formulated. I shall, for the -moment, simply submit it to the Tribunal under Document Number -RF-56 and ask the Tribunal to take judicial notice of it.</p> - -<p class='pindent'>In Belgium, the freezing of labor was carried out by the -ordinance of the military commanding officer of 6 October 1942. -I submit Document Number RF-57, of which I ask the Tribunal -to take judicial notice.</p> - -<p class='pindent'>Finally, in Holland, where compulsory labor was instituted as -early as 1941, an ordinance of the Reich Commissioner, dated -28 February 1941, which I offer to the Tribunal under Document -Number RF-58, organized the freezing of labor.</p> - -<p class='pindent'>The immobilization of labor was brought about under an economic -pretext in all countries. In reality it constituted a preliminary -measure for the mobilization of workers, which the National -Socialists immediately proceeded to carry out.</p> - -<p class='pindent'>In France compulsory labor was established by the legislation -of the pseudo-government of Vichy, but this legislation was -imposed upon the <span class='it'>de facto</span> French authorities by the defendants, -and especially by Sauckel. The action which Sauckel brought -against the Government of Vichy, to force it to favor the deportation -of workers into Germany, was exercised in four phases: -I shall briefly review for the Tribunal the history of these four -Sauckel actions. -<span class='pageno' title='484' id='Page_484'></span></p> - -<p class='pindent'>The first Sauckel action was initiated in the spring of 1942, soon -after the appointment of the defendant as Plenipotentiary for Allocation -of Labor. The German armament industry had an urgent -need of workers. The service of the Arbeitseinsatz had decided to -recruit 150,000 skilled workers in France. Sauckel came to Paris -in the month of June 1942. He had several conversations with -French ministers. Otto Abetz, German ambassador in Paris, -presided over these meetings. They brought about, the following -results:</p> - -<p class='pindent'>In view of the reluctance of French authorities to establish compulsory -labor, it was decided that the recruiting of 150,000 skilled -workers should be carried out by a pseudo-voluntary enrollment. -This was the beginning of the so-called exchange operation, to which -I have already drawn the attention of the Tribunal.</p> - -<p class='pindent'>But the Tribunal knows that the exchange operation was a -failure and that, despite an intensification of German propaganda, -the number of voluntary enrollments remained at a minimum. The -German authorities then put the Vichy Government under the -necessity of proceeding to forced enrollment. I offer in evidence -the denunciatory letter of 26 August 1942, addressed by the German, -Dr. Michel, Chief of the Administrative Staff, to the Delegate -General for Franco-German economic relations. This is French -Document F-530, which I shall submit to the Tribunal as Exhibit -Number RF-59:</p> - -<div class='blockquote'> - -<p class='noindent'>“Paris, 26 August 1942.</p> -<hr class='tbk548'/> -<p class='noindent'>“Military Commander in France, economic section; to M. -Barnaud, Delegate General for Franco-German Economic -Relations; Paris.</p> -<hr class='tbk549'/> -<p class='noindent'>“President Laval promised Gauleiter Sauckel, Plenipotentiary -General for Allocation of Labor, to make every effort to send -to Germany, to help German armament economy, 350,000 -workers, of which 150,000 should be metal workers.</p> -<hr class='tbk550'/> -<p class='noindent'>“The French Government intended at first to solve this -problem by recruitment, especially of the <span class='it'>affectés spéciaux</span>. -This method has been abandoned and that of voluntary -enrollment has been attempted with a view to the liberation -of prisoners. The past months have shown that the end in -view cannot be achieved by means of voluntary recruitment.</p> -<hr class='tbk551'/> -<p class='noindent'>“In France, German armament orders have increased in -volume and urgency. Moreover, special tasks have been set, -the accomplishment of which depends upon the supply of a -very considerable number of workers.</p> -<hr class='tbk552'/> -<p class='noindent'>“In order to assure the realization of the tasks for which -France is responsible in the sphere of the Arbeitseinsatz, -<span class='pageno' title='485' id='Page_485'></span> -the French Government must now be asked to put into execution -the following measures:</p> -<hr class='tbk553'/> -<p class='noindent'>“1) The publication of a decree, concerning change of place -of work. By virtue of this decree, leaving the place of -employment and engaging labor depends on the approval of -certain specified authorities.</p> -<hr class='tbk554'/> -<p class='noindent'>“2) The institution of compulsory registration of all persons -out of work, as well as of those who do not work full-time -or are not permanently employed. This compulsory registration -is to ensure the fullest recruitment possible of all the -reserves still available.</p> -<hr class='tbk555'/> -<p class='noindent'>“3) The publication of a decree for the mobilization of workers -for tasks important to the policy of state. This decree -is to ensure: (a) The necessary labor for Germany; (b) the -workers necessary in France for the carrying out of orders -which have been transferred there and the workers needed -for special tasks.</p> -<hr class='tbk556'/> -<p class='noindent'>“4) Publication of a decree ensuring an adequate supply of -apprentices. This decree is to impose upon French enterprise -the duty of turning out, by means of apprenticeship and -systematic training, young workers possessing adequate -qualifications.</p> -<hr class='tbk557'/> -<p class='noindent'>“For the Military Commander, the Chief of the Administrative -Staff.”—signed—“Dr. Michel.”</p> - -</div> - -<p class='pindent'>Dr. Michel’s letter forms the basis for the law relative to the -utilization and the allocation of labor. It is the law of 4 September -1942, which I have submitted to the Tribunal under Document -Number RF-56.</p> - -<p class='pindent'>In application of the law, all Frenchmen between 18 and 50 -who did not have employment for more than 30 hours a week, were -forced to state this at their local town hall. A decree of 19 September -1942 and a directive of 22 September provided regulations as -to how this declaration had to be made.</p> - -<p class='pindent'>Sauckel’s first action was achieved through a legislative plan; -the defendant had merely to dip into the labor resources which -were established by it. But the resistance of the French workers -caused his recruiting plan to fail. This is why Sauckel undertook -his second action, beginning in January 1943.</p> - -<p class='pindent'>The second Sauckel action is marked by the introduction of -compulsory labor, properly speaking. Until then workers had been -the only victims of the policy of force of the defendants. The latter -understood the demagogic argument which they could derive from -this <span class='it'>de facto</span> situation. They explained that it was inadmissible -that the working classes of the occupied territory should be the only -<span class='pageno' title='486' id='Page_486'></span> -ones to participate in the German war effort. They demanded that -the basis of forced labor be enlarged by the introduction of compulsory -labor.</p> - -<p class='pindent'>This was established by two measures. A directive of -2 February 1943 prescribed a general census of all French males -born between 1 January 1912 and 1 January 1921. The census took -place between 15 and 23 February. It had just been put in force -when the law and decree of 16 February 1943 appeared. These -regulations introduced compulsory labor for all young men born -between 1 January 1920 and 31 December 1922. I submit them -to the Tribunal under Documents Numbers RF-60 and 61, of which -I ask the Court to take judicial notice.</p> - -<p class='pindent'>The action carried out by the defendants to impose this exceptional -legislation is substantiated by numerous documents. -I particularly draw the attention of the Tribunal to four of these, -which permit us to retrace the activities of the Defendant Sauckel -during the months of January and February 1943. On 5 January -1943 Sauckel transmitted to the different departments of his -administration an order of the Führer, which the Defendant Speer -had communicated to him. This is Document 556(13)-PS, which -I submit to the Tribunal under Exhibit Number RF-62. I shall read -its first paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“On 4 January 1943, at 8 o’clock in the evening, Minister -Speer telephoned from the general headquarters of the -Führer giving the information that, by virtue of a decision -of the Führer, it was no longer necessary, when recruiting -skilled and unskilled labor in France, to have any particular -regard for the French. Recruitment could be carried on there -with pressure and more severe measures.”</p> - -</div> - -<p class='pindent'>On 11 January 1943 the Defendant Sauckel was in Paris. He -attended a meeting which brought together at the Military Commander’s -all responsible officials of the labor service. He announced -to them that new measures of compulsion were to be taken in -France. I refer you to the minutes of the meeting which constitute -Document 1342-PS, which I submit to the Tribunal under Exhibit -Number RF-63. I shall read from Page 2 of the French translation; -Page 1, fourth line, of the second paragraph of the German original:</p> - -<div class='blockquote'> - -<p class='noindent'>“Gauleiter Sauckel likewise thanks the various services for -the successful carrying out of the first action. Immediately -after the beginning of the new year, he is obliged to announce -further severe measures. There is a great new need of labor -for the front as well as for the Reich armament industry.”</p> - -</div> - -<p class='pindent'>I skip to the end of the paragraph. I shall read from the next -paragraph: -<span class='pageno' title='487' id='Page_487'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“The situation at the front calls for 700,000 soldiers fit for -front-line service. The armament industry would have to -lose 200,000 key workers by the middle of March. I have -received an order from the Führer to find 200,000 foreign -skilled workers as replacements and I shall need for this -purpose 150,000 French skilled workmen, while the other -50,000 can be drawn from Holland, Belgium, and other -occupied countries. In addition, 100,000 unskilled French -workers are necessary for the Reich. The second action of -recruitment in France makes it necessary that by the middle -of March 150,000 skilled workers and 100,000 unskilled -workmen and women be transferred to Germany.”</p> - -</div> - -<p class='pindent'>The Defendant Sauckel went back to Germany a few days -later. On 16 February he was in Berlin at the meeting of the -Central Planning Board. He gave a commentary on the law which -was to appear that very day and revealed that he was the instigator -of it. I refer once more to the minutes of the conferences of the -Four Year Plan, included under Document Number R-124, which I -submitted this morning to the Tribunal under Exhibit Number -RF-30. I shall read an extract from this document, which my -American colleagues have not mentioned. It is Page 7 of the French -translation of the document, Page 2284 of the German original; -this is the situation in France:</p> - -<div class='blockquote'> - -<p class='noindent'>“My collaborators and I having succeeded, after difficult -discussions, in persuading Laval to introduce the law of -compulsory labor in France, this law has now been so -successfully extended, thanks to our pressure, that by yesterday -three French age-groups had already been called up. So -we are now legally qualified to recruit in France, with the -assistance of the French Government, workers of three age-groups -whom we shall be able to employ henceforth in -French factories, but among whom we shall also be able to -choose some for our own needs in the Reich and send them -to Germany.”</p> - -</div> - -<p class='pindent'>The Defendant Sauckel returned to France on 24 February. -I offer in evidence to the Tribunal the letter which he addressed -to Hitler before his departure, to inform him of his journey. It -proves the continuity of the action of Sauckel. The letter constitutes -Document 556(25)-PS, which I submit to the Tribunal under Exhibit -Number RF-64, and I shall read it:</p> - -<div class='blockquote'> - -<p class='noindent'>“Plenipotentiary General for Allocation of Labor, to the Führer; -general headquarters of the Führer.</p> -<hr class='tbk558'/> -<p class='noindent'>“My Führer:</p> -<hr class='tbk559'/> -<p class='noindent'>“I beg herewith to take leave of you before my intended -journey to France. The purpose of my journey is: -<span class='pageno' title='488' id='Page_488'></span></p> -<hr class='tbk560'/> -<p class='noindent'>“1) To put at the disposal of the Reich, within the given time, -skilled labor to replace German key workers being drafted -into the Wehrmacht. May I add that Field Marshal Keitel -and General Von Unruh received a communication from me -yesterday to the effect that half of these replacements for -key men, that is 125,000 French qualified skilled men, have -already arrived in the Reich on 1 January 1943 and that a -corresponding number of soldiers can be called to the colors. -I shall now make sure in France that the second half shall -arrive in the Reich by the end of March, or earlier if possible. -The first French program was executed by the end of -December.</p> -<hr class='tbk561'/> -<p class='noindent'>“2) To assure the necessary labor for the French dockyards -for the carrying out of the programs drawn up by Grand -Admiral Dönitz and Gauleiter Kaufmann.</p> -<hr class='tbk562'/> -<p class='noindent'>“3) To assure the necessary labor for the programs of the -Luftwaffe.</p> -<hr class='tbk563'/> -<p class='noindent'>“4) To assure the necessary labor for the other German -armament programs which are in progress in France.</p> -<hr class='tbk564'/> -<p class='noindent'>“5) To make available supplementary labor in agreement -with State Secretary Backe, with a view to intensifying -French agricultural production.</p> -<hr class='tbk565'/> -<p class='noindent'>“6) To have discussions, if necessary, with the French Government -on the subject of the carrying out of the labor -service, the calling up of age-groups, and so forth, with a -view to activating the recruitment of labor for the benefit of -the German war economy.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: I think that is a good time to break off.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 19 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='489' id='Page_489'></span><h1>THIRTY-EIGHTH DAY<br/> <span style='font-size:smaller'>Saturday, 19 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>M. HERZOG: Mr. President, Your Honors, at the end of yesterday’s -session I was expounding to the Tribunal the conditions under -which the compulsory labor service was progressively imposed in -France. I reached the second action of the Defendant Sauckel as -set out in the laws and decrees of 16 February 1943. Sauckel’s -second action accelerated the enforced enrollment of Frenchmen -during the months of February and March 1943. Several tens of -thousands of young men of the 1940 and 1942 classes were deported -to Germany by the application of the law of 16 February. The -tempo of these deportations slowed down in the month of April, -but the Arbeitseinsatz immediately formulated new requirements. -On 9 April 1943 the Defendant Sauckel asked the French authorities -to furnish him with 120,000 workers during the month of May and -100,000 during the month of June. In June he made it known that -he wished to effect the transfer of 500,000 workers up to 31 December.</p> - -<p class='pindent'>Sauckel’s third action was about to begin. It was to be marked, -on 3 June 1943, by the total mobilization of the 1942 class. All -exemptions provided by the law of 16 February and subsequent -texts were withdrawn, and the young men of the 1942 class were -tracked down throughout France.</p> - -<p class='pindent'>In reality, Sauckel’s third action was especially manifested by -a violent pressure on the part of the defendant, tending towards -a mass deportation by forced recruiting. I offer in evidence three -documents which testify to the action taken by Sauckel in the -summer of 1943.</p> - -<p class='pindent'>The first document is a letter from Sauckel to Hitler, dated -27 June 1943. Drafted by the defendant upon his return from a trip -to France, it contains an outlined plan for the recruiting of French -workers for the second half of 1943. Its object was, on the one hand, -to secure 1 million workers to be assigned in France to French -armament factories and, on the other hand, 500,000 French workers -to be deported to Germany. This letter constitutes Document -556(39)-PS, which I submit to the Tribunal as Exhibit Number -RF-65. I quote: -<span class='pageno' title='490' id='Page_490'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Weimar, 27 June 1943.</p> -<hr class='tbk566'/> -<p class='noindent'>“My Führer:</p> -<hr class='tbk567'/> -<p class='noindent'>“Herewith I beg to report my return from my official trip -to France.</p> -<hr class='tbk568'/> -<p class='noindent'>“Inasmuch as the free labor reserves in the territories occupied -by the German Armed Forces have been, numerically, -absorbed to saturation point, I am now carefully examining -the possibilities of mobilizing additional labor reserves in -the Reich and the occupied territories to work on German -war production.</p> -<hr class='tbk569'/> -<p class='noindent'>“In my reports of 20 April I was allowed to point out that -intensive and careful utilization must be made of European -labor forces in territories submitted to direct German influence.</p> -<hr class='tbk570'/> -<p class='noindent'>“It was the purpose of my recent stay in Paris to investigate -the possibilities still existing in France for the recruitment -of labor by extensive conferences and my own personal inspection. -On the basis of a carefully established balance sheet -I have come to the following decision:</p> -<hr class='tbk571'/> -<p class='noindent'>“1. Assuming that war economy measures are carried out in -France which would at least prove partially effective or -approximately approach, in efficacy, the measures carried out -in Germany, a further million workers, both men and women, -could be assigned to the French war and armament industries -up to December 1943 for work on German orders and -assignments. In this case additional German orders might be -placed in France.</p> -<hr class='tbk572'/> -<p class='noindent'>“2. In consideration of these measures and given a careful -study of the subject together with the co-operation of our -German armament services and the German labor recruiting -offices, it should be possible to transfer a further 500,000 -workers, both men and women, from France to the Reich -between now and the end of the year.</p> -<hr class='tbk573'/> -<p class='noindent'>“The prerequisites for the realization of this program, drafted -by me are as follows:</p> -<hr class='tbk574'/> -<p class='noindent'>“1. Closest collaboration between all German offices especially -in dealing with the French services.</p> -<hr class='tbk575'/> -<p class='noindent'>“2. A constant check on French economy by joint commissions, -as already agreed upon by the Reich Minister of Armaments -and War Production Party Member Speer, and myself.</p> -<hr class='tbk576'/> -<p class='noindent'>“3. Constant, skillful, and successful propaganda against the -cliques of De Gaulle and Giraud.</p> -<hr class='tbk577'/> -<p class='noindent'>“4. The guarantee of adequate food supplies to the French -population working for Germany. -<span class='pageno' title='491' id='Page_491'></span></p> -<hr class='tbk578'/> -<p class='noindent'>“5. An emphatic insistence on this urgency before the French -Government, in particular before Marshal Pétain, who still -represents the main obstacle to the further recruiting of -French women for compulsory labor.</p> -<hr class='tbk579'/> -<p class='noindent'>“6. A pronounced increase in the program which I have -already introduced in France, for retraining workers to trades -essential to war production.”</p> - -</div> - -<p class='pindent'>I skip the next and read the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“I therefore beg you, my Führer, to approve my suggestion -of making available 1 million French men and women for -German war production in France proper in the second half -of 1943 and, in addition, of transferring 500,000 French men -and women to the Reich before the end of the current year.</p> -<hr class='tbk580'/> -<p class='noindent'>“Yours faithfully and obediently,”—Signed—“Fritz Sauckel.”</p> - -</div> - -<p class='pindent'>The document to which I would now like to call the Tribunal’s -attention proves that the Führer gave his approval to Sauckel’s -program. A note drawn up on 28 July 1943 by Dr. Stothfang, under -the letterhead of the Plenipotentiary General for Allocation of -Labor (Arbeitseinsatz), gives a report on a discussion between -Sauckel and the Führer. It is Document 556(41)-PS, which I submit -to the Tribunal as Exhibit Number RF-66. I shall limit myself to -reading the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“d) The transfer envisaged for the end of the year of 1 million -French workers to the war industries in France, and the -intended transportation of 500,000 other French workers to -the interior of the Reich has been approved by the Führer.”</p> - -</div> - -<p class='pindent'>Finally a document establishes that the Defendant Sauckel, on -the strength of Hitler’s approval, attempted to realize his program -by working on the French authorities. This document is a letter -from Sauckel to Hitler. It is dated 13 August 1943, upon the defendant’s -return from a trip to France, Belgium, and Holland. It is -Document 556(43)-PS. I shall read it to the Tribunal. It is Exhibit -Number RF-67:</p> - -<div class='blockquote'> - -<p class='noindent'>“Weimar, 13 August 1943.</p> -<hr class='tbk581'/> -<p class='noindent'>“My Führer:</p> -<hr class='tbk582'/> -<p class='noindent'>“I beg to report my return from my official trip to France, -Belgium and Holland. In tough, difficult, and tedious negotiations -I have imposed upon the occupied Western territories, -for the last 5 months of 1943, the program set forth below -and have prepared very detailed measures for realizing it: -In France—with the military commander, the German -Embassy, and the French Government; in Belgium—with the -<span class='pageno' title='492' id='Page_492'></span> -military commander; and in Holland with the offices of the -Reich Commissioner.</p> -<hr class='tbk583'/> -<p class='noindent'>“The program provides:</p> -<hr class='tbk584'/> -<p class='noindent'>“1. In France the transfer of 1 million French workers, both -men and women, from the civilian to the German war -industries in France. This measure will enable further -considerable placing of German orders in France.</p> -<hr class='tbk585'/> -<p class='noindent'>“2. Soliciting and recruiting of 500,000 French workers for -work in Germany. This figure should not be made known -publicly.</p> -<hr class='tbk586'/> -<p class='noindent'>“3. In order to stalemate any passive resistance from large -groups of French officials, I have ordered, in agreement -with the military commander in France, the introduction -of labor recruiting commissions for each two French departments -and placed them under the supervision and direction -of the German Gau offices. Only in this manner can the complete -recruitment of the French labor potential and its intensive -utilization be made possible. The French Government has -given its approval.”</p> - -</div> - -<p class='pindent'>If the Tribunal will allow me, I shall quote the rest of this -letter; the following paragraphs concern Belgium and Holland. It -will allow me to refer to this document later without reading it -again:</p> - -<div class='blockquote'> - -<p class='noindent'>“4. A program was secured in Belgium for the employment -of 150,000 workers in the Reich and, with the approval of the -military commander in Belgium, an organization for compulsory -labor corresponding to that in France was decided -upon.”</p> - -</div> - -<p class='pindent'>I skip and proceed to the fifth paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“5. A program has likewise been prepared for Holland, providing -for the transfer of 150,000 workers to Germany and of -100,000 workers, men and women, from Dutch civilian -industries to German war production.”</p> - -</div> - -<p class='pindent'>Such was Sauckel’s program in 1943. His plan was partly -thwarted by the resistance of officials and patriotic workers. Proof -of this is furnished by an admission of the defendant. I am -referring to the report on a conference of the central office for the -Four Year Plan held on 1 March 1944. I submitted this document -to the Tribunal yesterday as Exhibit Number RF-30 (Document -R-124). I shall read from the first page of the French translation, -second paragraph, German text, Page 1768:</p> - -<div class='blockquote'> - -<p class='noindent'>“Last autumn, as far as foreign manpower is concerned, the -labor recruiting program has been severely battered. I do -not wish to elaborate on the reasons here. They have been -<span class='pageno' title='493' id='Page_493'></span> -discussed at length; all I have to say is: The program has -been wrecked.”</p> - -</div> - -<p class='pindent'>Sauckel, however, was not discouraged by the difficulties encountered -in 1943. In 1944 he attempted to realize a new program by -the trick of his fourth action.</p> - -<p class='pindent'>The National Socialist authorities decided to secure, in 1944, -the transfer of 4 million foreign workers to Germany. This decision -was made on 4 January 1944 during a conference at the headquarters -of the Führer and in his presence. The report on this -conference constitutes Document 1292-PS. I submit it herewith to -the Tribunal as Exhibit Number RF-68, and I read from Page 3 of -the French translation, Page 6 of the German original, last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Final results of the conference:</p> -<hr class='tbk587'/> -<p class='noindent'>“1. The Plenipotentiary General for Allocation of Labor -shall procure at least 4 million new workers from the occupied -territories.”</p> - -</div> - -<p class='pindent'>The details concerning the contingents demanded from each -occupied territory must have been determined on 16 February 1944, -during a conference of the central office for the Four Year Plan. -I submitted the report of this session at the outset of my explanations, -under Exhibit Number RF-20. I am quoting the conclusions -today. They will be found in Document Number F-675, first page -of the translation, third page of the German original.</p> - -<div class='blockquote'> - -<p class='noindent'>“Results of the 53rd session of the Central Planning Board. -Labor recruiting in 1944.</p> -<hr class='tbk588'/> -<p class='noindent'>“1. About 500,000 new workers might be mobilized from -German home reserves by extraordinary efforts. . . .”</p> - -</div> - -<p class='pindent'>I skip the rest.</p> - -<div class='blockquote'> - -<p class='noindent'>“2. Recruiting of Italian labor to the number of 1,500,000; of -these—1 million at the rate of 250,000 per month from January -to April and 500,000 from May to December;</p> -<hr class='tbk589'/> -<p class='noindent'>“3. Recruiting of 1 million French workers at equal monthly -rates from 1 February to 31 December 1944 (approximately -91,000 per month);</p> -<hr class='tbk590'/> -<p class='noindent'>“4. Recruiting of 250,000 workers from Belgium;</p> -<hr class='tbk591'/> -<p class='noindent'>“5. Recruiting of 250,000 workers from the Netherlands.”</p> - -</div> - -<p class='pindent'>I abstain from quoting since the other paragraphs concern the -Eastern European countries.</p> - -<p class='pindent'>The Tribunal has seen that France was called upon to furnish -a large contingent of workers. After the 15th of January, Sauckel -went to Paris to dictate his demands to the French authorities.</p> - -<p class='pindent'>The fourth Sauckel action consisted of two distinct measures: -The adoption of the procedure known as the combing of industries, -<span class='pageno' title='494' id='Page_494'></span> -and the publication of the law of 1 February 1944, which widened -the sphere of application of compulsory labor. The system of combing -the industries led the labor administration to carry out direct -recruiting in the industrial enterprises. Mixed Franco-German -commissions were set up in each country. They determined the -percentage of workers to be deported. They proceeded to requisition -and transfer them.</p> - -<p class='pindent'>The practice of combing the industries represents the realization -of the projects elaborated by Defendant Sauckel as early as 1943. -In the documents which I have read to the Tribunal Sauckel -announced, in fact, his intention of creating mixed labor commissions.</p> - -<p class='pindent'>The law of 1 February 1944 marked the culminating point of -Sauckel’s actions in the field of legislation. It extends the scope of -application of the law of 4 September 1942. As from February 1944 -all men between the ages of 16 and 60 and all women between the -ages of 18 and 45 were subject to compulsory labor. I submit to the -Tribunal the law of 1 February 1944 under Exhibit Number RF-69 -(Document RF-69) with the request judicial notice be taken of it.</p> - -<p class='pindent'>The proof of the pressure that Sauckel exerted on the French -authorities in order to impose on them the publication of this law -is furnished by a report of the defendant to Hitler. This report is -dated 25 January 1944. It was, therefore, drafted during the -negotiations which characterized the fourth Sauckel action. It -constitutes Document 556(55)-PS, which I submit to the Tribunal -under Exhibit Number RF-70. I shall read this document:</p> - -<div class='blockquote'> - -<p class='noindent'>“My Führer:</p> -<hr class='tbk592'/> -<p class='noindent'>“On the 22d of January 1944 the French Government, together -with Marshal Pétain, accepted to a large degree my demands -for increasing the working week from 40 to 48 hours as well -as for extending the compulsory labor law in France and -utilizing French manpower in Germany.</p> -<hr class='tbk593'/> -<p class='noindent'>“The Marshal did not agree to the compulsory labor for -French women in the Reich; but he did agree to compulsory -labor for women inside France, limited to women between -the ages of 26 and 45. Women between 15 and 25 are to be -employed only at their place of residence.</p> -<hr class='tbk594'/> -<p class='noindent'>“Since this, nevertheless, represents appreciable progress in -comparison with the extremely difficult negotiations which I -had to conduct in Paris, I approved this law in order to save -further loss of time, on condition that the German demands -were energetically met and carried out.</p> -<hr class='tbk595'/> -<p class='noindent'>“The French Government has likewise accepted my demand -that French officials sabotaging the enforcement of the -<span class='pageno' title='495' id='Page_495'></span> -compulsory labor law should be punished by severe penalties -including the death penalty. I have left no doubt that -further and more rigid measures will be adopted if the -demands for the manpower required are not fulfilled.</p> -<hr class='tbk596'/> -<p class='noindent'>“Your ever obedient and faithful, Fritz Sauckel.”</p> - -</div> - -<p class='pindent'>I draw the attention of the Tribunal to the problem of compulsory -labor of women referred to in the two preceding -documents. For a long time the French authorities categorically -opposed the introduction of female labor. In return the Defendant -Sauckel did not cease to exercise violent pressure.</p> - -<p class='pindent'>On the 27th of June 1943, in a letter to Hitler, he suggested -that an energetic statement of German needs be made before the -French Government. I have already quoted this letter to the -Tribunal, Exhibit Number RF-65 (Document 556(39)-PS). I shall not -revert to it, but I emphasize the fact that the law of 1 February -did not satisfy Sauckel and did not in the least appease his demands -at all. His dissatisfaction and his determination to pursue his policy -of compulsion become apparent from a report of 26 April 1944, -bearing his signature; that the report has been forwarded is certified -by Berk, one of his assistants.</p> - -<p class='pindent'>There actually were four reports submitted jointly under Document -Number 1289-PS, Exhibit Number RF-71, and I quote from -the second page:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) France. The problem of women.</p> -<hr class='tbk597'/> -<p class='noindent'>“At the time of the promulgation of the French compulsory labor -law, the French authorities (Marshal Pétain in particular) -have urgently desired that women be exempted from performing -compulsory labor in Germany. In spite of serious objections -the G.B.A. approved of this exemption. The reservation was -made, however, that the approval was given on condition that -the contingents imposed were met; or else the G.B.A. would -reserve himself the right of taking further measures. Inasmuch -as the contingents are far from being met, the demand for -extending the compulsory labor service to women must also -be addressed to the French Government.”</p> - -</div> - -<p class='pindent'>The fourth Sauckel action, therefore, was led in such a manner -as to utilize all of France’s manpower. The French resistance and -the development of the military operations hindered the execution -of the Sauckel plan. The defendant, in the meantime, had contemplated -extraordinary measures to be taken on the day the allied -armies were to land. I quote again Document 1289-PS, Exhibit -Number RF-71; and I read on Page 3:</p> - -<div class='blockquote'> - -<p class='noindent'>“Measures concerning compulsory labor in the case of invasion: -<span class='pageno' title='496' id='Page_496'></span></p> -<hr class='tbk598'/> -<p class='noindent'>“To some extent precautions already have been taken to -evacuate the population of those areas invaded and to protect -valuable manpower from being seized by our enemies. In -view of the actual situation of labor utilization in Germany, -it is necessary to induct efficient workers to the greatest -extent possible into efficacious employment within the Reich. -Orders to this effect on the part of the Wehrmacht are -indispensable for carrying out these measures.</p> -<hr class='tbk599'/> -<p class='noindent'>“The following text might be proposed for an order by the -Führer. . . .”</p> - -</div> - -<p class='noindent'>I shall not read the text of the order proposed by Sauckel.</p> - -<p class='pindent'>The Allied victory, however, came so quickly that Sauckel did -not have the chance to realize fully his plan of mass deportation. -All the same, he started to carry it out, and deportations of workers -went on up to the day of liberation of the territory. Several hundred -thousand French workers were finally stationed in Germany as a -result of the various Sauckel actions. Will the Tribunal please bear -this in mind.</p> - -<p class='pindent'>The compulsory labor service was introduced in Norway in the -same manner as in France. The defendants imposed upon the -Norwegian authorities the publication of a law instituting the -compulsory registration of Norwegian citizens, and prescribing -their enrollment by force. I quote in this respect the preliminary -report on the crimes of Germany against Norway, a report prepared -by the Norwegian Government and submitted to the Tribunal -as Document Number UK-79. I now submit it as Exhibit Number -RF-72, and I quote from the first page, third paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“The result of Sauckel’s order as to Norway was that on 3 -February 1943, a Quisling ‘law’ relating to compulsory -registration of Norwegian men and women for so-called -‘national labor effort’ was promulgated. Terboven and -Quisling openly admitted that the law was promulgated in -order that the Norwegian people should use their manpower -for the benefit of the German war effort. In a speech on 2 -February Terboven stated, among other things, that he himself -and the German Reich stood behind this law; and he threatened -to use force against anyone who tried to prevent its -execution.”</p> - -</div> - -<p class='pindent'>In Belgium and in the Netherlands the German authorities used -a direct procedure. The compulsory labor service was organized -by ordinances of the occupying power.</p> - -<p class='pindent'>In Belgium these were ordinances of the military commander -and in the Netherlands ordinances of the Reich Commissioner. I -remind the Tribunal of the fact that the authority of the military -commander in Belgium extended to the north of France. -<span class='pageno' title='497' id='Page_497'></span></p> - -<p class='pindent'>An ordinance of 6 March 1942 established the principle of compulsory -labor in Belgium. It was published in the Belgian <span class='it'>Verordnungsblatt</span> -of 1942, Page 845. I submit it to the Tribunal as Document -Number RF-73, and I ask the Tribunal to take judicial notice -of it. The ordinance of 6 March excluded the possibility of forced -deportation of workers to Germany. However, such deportation -was ordered by a decree of 6 October 1942, which was published -in the Belgian <span class='it'>Verordnungsblatt</span> of 1942, Page 1060. I submitted -it to the Tribunal as Document Number RF-57 in the course of -my explanations.</p> - -<p class='pindent'>These carryings-on in Belgium gave rise to interventions and -protests by leading Belgian personalities, among others the King -of Belgium and Cardinal Van Roay.</p> - -<p class='pindent'>The ordinances instituting compulsory labor in Belgium and the -north of France bore the signature of General Von Falkenhausen, -but the latter proclaimed his ordinance of 6 October on the order -of Sauckel. I refer once more to the testimony of General Von -Falkenhausen, which I have submitted to the Tribunal as Document -Number RF-15. I ask your permission to quote the following -passages, first page, fifth paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘On 6 October 1942 a decree was published which -instituted compulsory labor in Belgium and in the departments -of northern France for men between the ages of -18 and 50 years and for single women from 21 to 25 years.’</p> -<hr class='tbk600'/> -<p class='noindent'>“A: ‘I was Commander-in-Chief for northern France and -Belgium.’</p> -<hr class='tbk601'/> -<p class='noindent'>“Q: ‘Does the witness recall having promulgated this decree?’</p> -<hr class='tbk602'/> -<p class='noindent'>“A: ‘I do not remember exactly the text of this decree -because it was issued following long arguments with the -labor deputy Sauckel.’</p> -<hr class='tbk603'/> -<p class='noindent'>“Q: ‘Did you have any trouble with Sauckel?’</p> -<hr class='tbk604'/> -<p class='noindent'>“A: ‘I was fundamentally opposed to the establishment of -compulsory labor, and consented to promulgating the decree -only after receiving orders.’</p> -<hr class='tbk605'/> -<p class='noindent'>“Q: ‘Then this decree was not issued on the initiative of -Von Falkenhausen himself?’</p> -<hr class='tbk606'/> -<p class='noindent'>“A: ‘On the contrary.’</p> -<hr class='tbk607'/> -<p class='noindent'>“Q: ‘Who gave instruction in this matter?’</p> -<hr class='tbk608'/> -<p class='noindent'>“A: ‘I suppose that at that time Sauckel was already -responsible for manpower and that at that time he gave me -all instructions on Hitler’s orders.’ ”</p> - -</div> - -<p class='pindent'>I skip and take up the quotation again on Page 3 of the French -translation, fourth paragraph: -<span class='pageno' title='498' id='Page_498'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Since you were opposed to the idea of compulsory labor, -didn’t you protest when you received these instructions?’</p> -<hr class='tbk609'/> -<p class='noindent'>“A: ‘There were unending quarrels between Sauckel and -myself. In the end this contributed greatly to my resignation.’ ”</p> - -</div> - -<p class='pindent'>The violence of the pressure exerted by the Defendant Sauckel -in Belgium in order to impose his plan of recruitment by force -is also demonstrated by the document which I have just submitted -to the Tribunal as Exhibit Number RF-67 (Document Number -556(43)-PS). The Tribunal will remember that it is the report -addressed on 13 August 1943 by Sauckel to Hitler on his return -from France, Belgium, and Holland.</p> - -<p class='pindent'>Finally, I have to deal with the introduction of compulsory -labor in the Netherlands. I request the Tribunal to charge the -Defendant Seyss-Inquart as well as the Defendant Sauckel with -the institution of compulsory enrollment in the occupied Dutch -territories.</p> - -<p class='pindent'>As a matter of fact, the deportation of the Dutch workers was -organized by ordinances of the Reich Commissioner. They -established all the more the responsibility of the defendant, who -in his quality as Reich Commissioner, derived his powers directly -from the Führer.</p> - -<p class='pindent'>The Defendant Seyss-Inquart introduced the compulsory labor -service in the Netherlands by an ordinance of 28 February 1941, -published in the Dutch <span class='it'>Verordnungsblatt</span> of 1941, Number 42. I -have referred to this ordinance as Document Number RF-58 in the -course of my explanation and asked the Tribunal to take judicial -notice of it.</p> - -<p class='pindent'>As in Belgium the compulsory labor service could originally be -enforced in the interior of the occupied territories only; but just as -in Belgium, it was soon extended in order to permit the deportation -of workers to Germany. The extension was put into realization -by an ordinance of Seyss-Inquart of 23 March 1942, which appeared -in Number 26 of the <span class='it'>Verordnungsblatt</span>, 1942. I submit it to the -Tribunal as Document Number RF-74, and I ask the Tribunal to -add it to the Record.</p> - -<p class='pindent'>The Defendant Seyss-Inquart has thus paved the way on which -the Defendant Sauckel was to be enabled to proceed to action. -Sauckel actually utilized all the human potential of the Netherlands. -New measures were soon necessary—measures which Seyss-Inquart -adopted.</p> - -<p class='pindent'>An ordinance dated 6 May 1943, <span class='it'>Verordnungsblatt</span>, 1943, Page 173, -ordered the mobilization of all men from 18 to 35 years of age. -I submit this decree to the Tribunal as Document Number RF-75. -<span class='pageno' title='499' id='Page_499'></span></p> - -<p class='pindent'>Moreover, as soon as 19 February 1943 Seyss-Inquart had issued -a regulation which permitted his services to take all measures in -the utilization of labor which they considered to be opportune.</p> - -<p class='pindent'>This ordinance, which appeared in the <span class='it'>Verordnungsblatt</span> of 1943, -is submitted to the Tribunal as Document Number RF-76.</p> - -<p class='pindent'>The extent of deportation from Holland in 1943 is attested to by -a letter of 16 June 1943 from Sauckel’s representative in the Netherlands. -This letter, which bears French Document Number F-664, is -submitted to the Tribunal as Exhibit Number RF-77. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“In conformity with the census decree of 7 May 1943, the -1920 to 1924 classes have been registered on filing cards. -Although this involved very much work it was nevertheless -possible to send 22,986 workers to the Reich, and in addition -the prisoners of war put at our disposal. During the month -of June the deficiency of the month of May will be made up.</p> -<hr class='tbk610'/> -<p class='noindent'>“These classes include, according to the Statistical Service -of the Kingdom of Holland, 80,000 each. It is from these -classes that transfers to the Reich have been made so far. Up -to 1 June 1943, 446,493 persons have been transferred to the -Reich and a number of them have returned from there. The -figures as per index are as follows: 1921 class, 43,331; 1922 -class, 45,354; 1923 class, 47,593; 1924 class, 45,232.</p> -<hr class='tbk611'/> -<p class='noindent'>“As up to 80 percent have been deferred, it is now imperative -to begin transporting entire classes to the Reich. The Reich -Commissioner has given his agreement to this action. The -other authorities involved—of economy, armament, agriculture, -and the Armed Forces—pressed by necessity, have -given their approval.”</p> - -</div> - -<p class='pindent'>At the end of the year 1944, the German authorities increased -their pressure on the Netherlands. During that period tens of -thousands of persons were arrested within 2 days in Rotterdam. -Systematic raids took place in all the larger cities of Holland, sometimes -improvised, sometimes after the population had been publicly -summoned to appear in designated places. I submit to the Tribunal -various proclamations of this kind. They form Document 1162-PS -and have already been submitted to the Tribunal by Mr. Dodd. -I shall not read them again. I use them in support of my argument -and submit them as Exhibit Number RF-78.</p> - -<p class='pindent'>These documents do not reveal isolated facts; they show a -systematic policy which the defendants were to pursue up to -5 May 1945, when the capitulation of Germany brought liberation -to the Netherlands.</p> - -<p class='pindent'>I still owe the Tribunal a supplementary explanation. The -defendants did not stop at introducing compulsory labor service -<span class='pageno' title='500' id='Page_500'></span> -in the occupied territories. I have said that they proceeded to -criminal coercion in order to ensure that the mobilization of foreign -workers was carried out. I am going to prove this fact.</p> - -<p class='pindent'>The measures taken by the National Socialist authorities to -guarantee the forced enlistment of foreign workers cannot be disassociated -from the procedures they applied to ensure the so-called -voluntary enlistment. The pressure was more violent, but it sprang -from the same spirit. The method was to deceive, and where this -proved unsuccessful to use coercion. The defendants very soon -realized that no kind of propaganda would lend the cloak of -justice to compulsory labor in the eyes of their victims. If they -had any doubts in this respect, these would have been dissipated by -the reports of the occupation authorities. The latter were unanimous -in their reports of the political trouble provoked by this compulsory -enlistment and of the resistance encountered by it. That is why -the defendants once again used force in their attempt to ensure -that the civilian mobilization decreed by them was carried out.</p> - -<p class='pindent'>First in line among the coercive measures to which the Germans -took recourse, I mention the withholding of the ration cards of the -recalcitrants. The Tribunal knows from the circular letter of -Dr. Mansfeld, submitted as Exhibit Number RF-26 (Document -1183-PS), that this measure had been proposed ever since January -1942, and will recall that by decree of the Führer of 8 September -1942, which I submitted as Exhibit Number RF-55 (Document -556(2)-PS), this measure was put into effect. This order provided -that food and clothing ration cards were not to be issued to persons -incapable of proving that they were working, nor to those who -refused to do compulsory work.</p> - -<p class='pindent'>Hitler’s order was put into effect in all occupied territories. In -France circulars imposing decrees by the occupation authorities -prohibited the renewal of ration cards of those French people who -had eluded the census of 16 February 1943. In Belgium the forfeiture -of ration certificates was regulated by an order of the military -commander. It is the order of 5 March 1943, published in the -<span class='it'>Verordnungsblatt</span> for Belgium, which I submit to the Tribunal as -Document Number RF-79.</p> - -<p class='pindent'>General Von Falkenhausen, the signatory of this order, admitted -its grave significance during the interrogation, which I have submitted -to the Tribunal under Document Number RF-15 and to which -I refer again. General Von Falkenhausen declared that the Defendant -Sauckel was the originator of this order and that he had -refused to grant an amnesty proposed by his services. I quote, Page 4 -of the French translation, fifth paragraph: -<span class='pageno' title='501' id='Page_501'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“Q: ‘Does the witness remember an order of 5 March 1943, by -which those refusing to enter the compulsory labor service -had their ration cards withdrawn?’</p> -<hr class='tbk612'/> -<p class='noindent'>“A: ‘I do not remember. At the time when the order was -issued for men from 18 to 50 years old the implementing -orders were not given by myself but by my offices, and I am -not conversant with the details of the application of reprisals. -I was not the executive head of the administration. I was -above it.’</p> -<hr class='tbk613'/> -<p class='noindent'>“Q: ‘But at that time you were informed of the means of -pressure and manner of treatment which the authorities -thought fit to employ?’</p> -<hr class='tbk614'/> -<p class='noindent'>“A: ‘I do not wish to deny my responsibility for all that -happened. After all, I was aware of many things. I remember -in particular the order regarding ration cards, because on -various occasions I proposed that an amnesty be declared for -persons who were obliged to live illegally and who did not -have a ration card.’</p> -<hr class='tbk615'/> -<p class='noindent'>“Q: ‘To whom was this proposal made?’</p> -<hr class='tbk616'/> -<p class='noindent'>“A: ‘To Sauckel, with the consent of President Revert.’</p> -<hr class='tbk617'/> -<p class='noindent'>“Q: ‘What was the attitude taken by Sauckel at that time?’</p> -<hr class='tbk618'/> -<p class='noindent'>“A: ‘He refused to grant such an amnesty.’ ”</p> - -</div> - -<p class='pindent'>In Holland, likewise, the renewal of ration certificates which did -not bear the stamp of the labor office was prohibited.</p> - -<p class='pindent'>The defendants, however, used a method of coercion even more -criminal than the forfeiture of ration cards. I refer to the persecution -directed against the families of those who refused to do compulsory -labor. I call this method criminal, because it is based on the concept -of family responsibility which is contrary to the fundamental principles -of the penal law of civilized nations. It was, nevertheless, -sanctioned by several legislative texts issued or imposed by the -National Socialists.</p> - -<p class='pindent'>In France, I quote the law of 11 June 1943, which I submit to -the Tribunal as Document Number RF-80 with the request that it -take judicial notice thereof.</p> - -<p class='pindent'>In Belgium, I refer to the order of the military commander of -30 April 1943, which appeared in the <span class='it'>Verordnungsblatt</span> for Belgium -of 6 May 1943, and particularly to Paragraphs 8 and 9. I submit -this order to the Tribunal as Document Number RF-81, with the -request that it take judicial notice thereof.</p> - -<p class='pindent'>Judicial action by the defendants was likewise directed against -the employers and against the officials of the employment bureaus. -In France the action was initiated by two laws of 1 February 1944. -<span class='pageno' title='502' id='Page_502'></span> -I emphasize that these laws were issued on the same day as the -compulsory labor law, and I affirm that they were imposed at the -same time. In support of my statement, I submit the admission of -the Defendant Sauckel, in his letter of 25 January 1944, which I -read a while ago to the Tribunal under Exhibit Number RF-70 -(Document 556(55)-PS). I submit to the Tribunal the laws of -1 February 1944 as Document Number RF-82 with the request that -it be added to the Record.</p> - -<p class='pindent'>There were still other measures of coercion. One of these, for -instance, was the closing of the faculties and schools to defaulting -students. It was decreed in Belgium on 28 June 1943; in France, -on 15 July 1943. In Holland the students were victims of a systematic -deportation in February and March 1943. I quote in this connection -a letter of 4 May 1943, which brings proof of the action carried out -through Holland towards a systematic deportation. This is Document -F-665, which I submit as Exhibit Number RF-83 of my book.</p> - -<p class='pindent'>THE PRESIDENT: Perhaps this is a good time to break off.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. HERZOG: Mr. President, Your Honors, at the suspension of -the session I was about to read to the Tribunal the letter of 4 May -1943, which gives evidence of the action taken in Holland towards -a systematic deportation of the students. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Subject: Action against students.</p> -<hr class='tbk619'/> -<p class='noindent'>“The action will start on Thursday morning. As it is now too -late to have this published in the press today, an announcement -by the Higher SS and Police Leader will be made over -the radio beginning tomorrow at 7 o’clock; it will be published -tomorrow in the morning and the evening papers. Besides -that, we will follow the directives given in yesterday’s -telegram.”</p> - -</div> - -<p class='pindent'>Following is the text of the proclamation:</p> - -<div class='blockquote'> - -<p class='noindent'>“Ordinance on the registration of students.”</p> - -</div> - -<p class='noindent'>I will skip the first paragraph and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“1. All persons of the male sex who have attended a Dutch -university or academy during the years 1942-43 and have not -yet finished their studies according to the curriculum—referred -to below as ‘students’—are to report between 1000 and 1500 -on 6 May 1943 to the commander of the sector of the SS and -the Security Police competent for their respective residence -for the purpose of their induction into the compulsory labor -service.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='503' id='Page_503'></span></p> - -<p class='pindent'>I now skip Paragraphs 2 and 3 and quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“4. (1) Persons violating this ordinance or trying to circumvent -it, particularly such persons who do not comply with -their duty to register or either intentionally or through -negligence state any false data will be punished by imprisonment -and/or unlimited fine, unless other laws providing a -more severe penalty are applicable. . . .</p> -<hr class='tbk620'/> -<p class='noindent'>“(4) Those exercising paternal authority or guardianship over -the students are co-responsible for their reporting as prescribed. -They are subjected to the same penalties as the -offenders themselves.</p> -<hr class='tbk621'/> -<p class='noindent'>“5. This ordinance becomes effective on promulgation.”</p> -<hr class='tbk622'/> -<p class='noindent'>Signed—“The Higher SS and Police Leader with the -Reich Commissioner for the Occupied Dutch Territories.”</p> - -</div> - -<p class='pindent'>Since no measures whatsoever succeeded in intimidating the -workers in the occupied territories, the defendants finally resorted -to their police forces to ensure the arrest of those workers destined -for deportation to Germany. This intervention by the police had -been demanded by the Defendant Sauckel.</p> - -<p class='pindent'>I submit two documents in evidence. The first consisted of the -minutes of a conference which took place on 4 January 1944 at the -headquarters of the Führer. I have just submitted this document to -the Tribunal as Exhibit Number RF-68 (Document 1292-PS). I quote, -French translation, Page 2, last paragraph; German original, middle -of Page 4:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Plenipotentiary General for Allocation of Labor (GBA) -Sauckel, declared that he would try with fanatical determination -to obtain this manpower. Up to now he had always -kept his promises regarding the number of workers to be -provided; with the best will in the world, however, he was -not in a position to make a definite promise for 1944. He -would do anything possible to provide the manpower required -for 1944. The success would depend mainly on the number -of German police put at his disposal. If he had to rely on -the indigenous police his project could not be carried out.”</p> - -</div> - -<p class='pindent'>I refer now to the statements made by Sauckel at the conference -of the central office for the Four Year Plan on 1 March 1944. It is -Exhibit Number RF-30 (Document R-124), to which I repeatedly -have called the attention of the Tribunal. The passage which I am -about to quote has not yet been referred to before the Tribunal. -Page 3 of the French translation, German text, from Page 1775 on:</p> - -<div class='blockquote'> - -<p class='noindent'>“The term ‘S-factory’ ”—S-Betrieb—“in France is actually -nothing else but a protection against Sauckel’s grasp. That is -how the French look at it, and they certainly cannot be -<span class='pageno' title='504' id='Page_504'></span> -expected to think differently. They are Frenchmen in the -first place, who are faced with a German point of view and -German actions different from theirs. It is not up to me to -decide whether the protected factories (Schutzbetriebe) are -useful and necessary. I have described the situation only -from my point of view. Nevertheless, I still hope to succeed -eventually by using my old organization of agents on the -one hand and, on the other hand, by those measures which -I have fortunately been able to wrest from the French -Government.</p> -<hr class='tbk623'/> -<p class='noindent'>“In the course of negotiations lasting 5 to 6 hours I wrested -from M. Laval the concession that the death sentence may be -imposed on officials who sabotage the recruitment of labor -and other measures. Believe me, it was very difficult. I had -to fight hard to succeed, but I did succeed. And I am requesting, -especially of the Armed Forces that, in case the French -Government does not really put its mind to it, most drastic -action be taken now by the Germans in France. Please do -not resent my following remark: Several times, when in -company of my assistants, I have faced situations in France -which caused me to ask, ‘Is there no respect in France for -the German lieutenant and his 10 men?’ For months on end -everything I said was paralyzed by the reply, ‘What do you -want, Mr. Gauleiter? Don’t you know that we have no police -forces at our disposal? We are powerless in France.’</p> -<hr class='tbk624'/> -<p class='noindent'>“This was the reply given over and over again. How, in the -face of these facts, am I to achieve labor recruitment in -France? The German authorities must co-operate; and if the -French, despite all their promises, do not remedy the situation, -we Germans must make an example of one case and, on the -provisions of this law, put some prefect or mayor against the -wall if he does not co-operate, else not a single Frenchman -will go to Germany.”</p> - -</div> - -<p class='pindent'>By such means the deportation of workers to Germany finally -was achieved, by arresting them, and by the threat of reprisals. -It was a logical consequence of the National Socialist system that -the policy of recruiting foreign workers was accomplished by police -terror.</p> - -<p class='pindent'>I have told the Tribunal that the resistance offered by the -prisoners of war and by the workers of the occupied territories -against the activities of the defendants, which were in turn insidious -and brutal, wrecked the plan for the recruitment of foreign workers. -The Defendant Sauckel encountered the greatest difficulty in carrying -out the programs which he had persuaded Hitler and the -Defendants Göring, Speer, and Funk to accept. -<span class='pageno' title='505' id='Page_505'></span></p> - -<p class='pindent'>From this it does not follow that Nazi Germany did not succeed -in carrying out mass deportations of foreign workers. The number -of native workers from the occupied territories of Western Europe -who were deported into Germany is very high. More numerous -still were those workers compelled to work at home in factories and -workyards under the control of the occupation authorities.</p> - -<p class='pindent'>I shall give the Tribunal statistical information which will -enable it to verify my statements. These statistics are fragmentary. -They are excerpts from reports compiled by the governments of the -occupied countries after their liberation and from reports sent -during the war by the Arbeitseinsatz office to its superiors.</p> - -<p class='pindent'>The statistics of Allied origin are incomplete. The records on -which they are based have been partially destroyed. On the other -hand, the administrations of the occupied territories are in possession -of second-hand information only whenever the requisitions -of workers were made directly by the occupation authorities. As -to the German statistics, they are also incomplete since the Allied -authorities have not yet discovered all the records of the enemy.</p> - -<p class='pindent'>It is, however, possible to give to the Tribunal an exact evaluation -of the extent of the deportations effected by Germany. This -evaluation will furnish proof that the violations of international law -committed by the defendants did not remain in the tentative stage -characterized by a beginning only—though reprehensible as such; -they brought about social disorder such as, under penal law, constitutes -the perpetration of the crime.</p> - -<p class='pindent'>I shall first submit to the Tribunal the statistics furnished by -the official reports of the French Government. The French Government’s -report has been published by the Institute of Market -Analysis. It contains numerous statistical tables from which I quote -the total figures. The figures are as follows: 738,000 workers were -pressed into compulsory labor service in France; 875,952 French -workers were deported to German factories; 987,687 prisoners of -war were utilized for the Reich war economy. A total of 2,601,639 -workers of French citizenship thus were pressed into work serving -the war effort of National Socialist Germany.</p> - -<p class='pindent'>From the official report of the Belgian Government it appears -that 150,000 persons were pressed into compulsory labor; and the -report of the Dutch Government gives a figure of 431,400 persons; -but it should be noted that this figure does not take into account -the systematic raids undertaken during November 1944, nor the -deportations carried out in 1945.</p> - -<p class='pindent'>I am submitting to the Tribunal exact figures which cover all -the stages of the policy of recruiting foreign labor. These figures -are taken from the reports of the Defendant Sauckel himself or of -<span class='pageno' title='506' id='Page_506'></span> -various administrative offices concerned with the deportation of -labor. The extent of labor utilized in the occupied territories is -demonstrated by the statistics concerning workers who were used -in constructing fortifications of the so-called Atlantic Wall as part -of the Organization Todt, which I recall was directed by the -Defendant Speer after the death of its founder. These statistics are -to be found in a teletype message sent to Hitler by the Defendant -Sauckel on 17 May 1943. It is Document 556(33)-PS, which I submit -to the Tribunal as Exhibit Number RF-84. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Delegate for the Four Year Plan. The Plenipotentiary -General for Allocation of Labor, Berlin, to the Führer, headquarters -of the Führer.</p> -<hr class='tbk625'/> -<p class='noindent'>“My Führer! I beg to submit to you the following figures on -the manpower employed in the Todt Organization:</p> -<hr class='tbk626'/> -<p class='noindent'>“In addition to the manpower assigned to the entire German -industry by the Allocation of Labor since I took office, fresh -workers have also been constantly supplied to the Todt Organization. -The total figure of the workers employed by the -Todt Organization was as follows: End of March 1942, 270,969; -end of March 1943, 696,003.</p> -<hr class='tbk627'/> -<p class='noindent'>“It should be noted that the Allocation of Labor has with -great speed and energy assigned workers preferably to the -Todt Organization in the West for the purpose of completing -the work on the Atlantic Wall. This is all the more remarkable -because in France, Belgium, and Holland. . . .”</p> - -</div> - -<p class='noindent'>I skip a few lines and quote from Page 2:</p> - -<div class='blockquote'> - -<p class='noindent'>“Despite the difficulties involved, the manpower strength of -the Todt Organization in the West was increased from 66,701 -workers at the end of March 1942 to 248,200 workers at the -end of March 1943.”</p> - -</div> - -<p class='pindent'>The number of foreign workers deported to Germany by -30 September 1941 is furnished by a report which was found in the -archives of the OKW. It is Document 1323-PS, which I submit as -Exhibit Number RF-85. According to this document, 1,228,686 foreign -workers were employed in Germany on 30 September 1941. Of that -number 483,842 came from the occupied Western territories. I quote -from this document the number of labor deportees by country of -origin. I shall confine myself to the columns of interest to the -Western states, since the statistics of workers deported from the -East of Europe come within the province of my Soviet colleagues:</p> - -<div class='blockquote'> - -<p class='noindent'>“Denmark, 63,309; Holland, 134,093; Belgium, 212,903; France, -72,475; Italy, 238,557.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='507' id='Page_507'></span></p> - -<p class='pindent'>Finally, on 7 July 1944, Sauckel, in one of his last reports, -informed the National Socialist Government of the results of his -campaign during the first half of 1944. I quote the document, which -bears the Number 208-PS and which I submit to the Tribunal as -Exhibit Number RF-86. I read from the second page:</p> - -<div class='blockquote'> - -<p class='noindent'>“C. The foreigners came from. . . . France except the north, -33,000; Belgium, including the north of France, 16,000; Netherlands, -15,000; Italy, 37,000.”</p> - -</div> - -<p class='noindent'>This is the fresh manpower put at the disposal of German industry -during the period of 1 January to 30 June 1944.</p> - -<p class='pindent'>I have furnished the proof I owed to the Tribunal. The -Tribunal will, moreover, remember Sauckel’s admission at the 58th -conference of the Four Year Plan, which I have read to you previously. -Sauckel admitted that there were 5 million foreign workers -in Germany, of whom 200,000 were actually volunteers.</p> - -<p class='pindent'>The materiality of the crime exposed is at the same time -established by the circumstances of its perpetration and by the -multitude of the victims affected. To prove the gravity of its effect, -I have but to recall the treatment to which foreign workers were -subjected in Germany.</p> - -<p class='pindent'>German propaganda always claimed that foreign workers -deported to Germany were treated on equal basis with German -workers: the same living conditions, the same labor contracts, and -the same discipline. This contention, as such, is not conclusive. My -American colleagues have furnished proof of the blows which the -National Socialist conspirators have dealt to the dignity and decency -of the life of the German worker. The reality is worse yet. Foreign -workers did not enjoy the treatment in Germany to which they -were entitled as human beings. I affirm this and I will prove it to -the Tribunal.</p> - -<p class='pindent'>But before going into that I wish to call the Tribunal’s attention -to the significance of the new crime which I am denouncing. It does -not only make the crime of deportation complete but provides its -true meaning also. I said that the policy of the defendants in the -occupied territories could be summed up as follows:</p> - -<p class='pindent'>Utilization of the productive forces and extermination of the -unproductive forces. This is the principle representing one of the -favorite concepts of National Socialism, on the basis of which the -treatment inflicted on foreign workers by the defendants should be -judged. The Germans have exploited the human potential of the -occupied countries to the extreme limit of the strength of the -individuals concerned. They showed some consideration for foreign -workers only insofar as they wished to increase their output. But -<span class='pageno' title='508' id='Page_508'></span> -as soon as their capacity for work decreased, the foreign workers -shared the common lot of deportees.</p> - -<p class='pindent'>I shall prove my argument by expounding to the Tribunal the -working and living conditions and rules of discipline which were -imposed on foreign workers deported to Germany.</p> - -<p class='pindent'>I request the Tribunal to charge the Defendant Sauckel with the -facts I am going to denounce. He was put in charge of the working -conditions for foreign workers, following an agreement to which -he freely consented. The text of this agreement, made with Ley, -the Chief of the German Labor Front, on 2 June 1943, was -published in the <span class='it'>Reichsarbeitsblatt</span>, 1943, Part I, Page 558. I submitted -this to the Tribunal at the beginning of my presentation as -Exhibit Number RF-18.</p> - -<p class='pindent'>This agreement shows that the treatment of foreign workers -was subject to control by the inspection department of the Allocation -of Labor (Arbeitseinsatz). The Defendant Sauckel could therefore -not ignore the mistreatment to which foreigners were -subjected. If not prescribed it was tolerated by him.</p> - -<p class='pindent'>The working conditions of workers deported to Germany -provided the first evidence of the determination of the defendants -to exploit the human potential of the occupied territories to the -extreme limit of its strength.</p> - -<p class='pindent'>First I call the attention of the Tribunal to the working hours -imposed on foreign workers. The working hours were legally set at -54 hours per week by Sauckel’s decree of 22 August 1942. Actually, -most foreign workers were subjected to still longer working hours. -Rush work, which necessitated overtime, was mostly assigned to -foreigners. It was not unusual for the latter to be forced to work -11 hours a day, that is, 66 hours a week, provided they had one -day off per week.</p> - -<p class='pindent'>For this purpose I quote the report of the Minister for Prisoners, -Deportees, and Refugees, Document UK-78(3), which I submit as -Exhibit Number RF-87. I quote Paragraph 2:</p> - -<div class='blockquote'> - -<p class='noindent'>“Working Hours: The average number of working hours was 11 -and sometimes 13 a day in certain factories, for example, -Maschinenfabrik, Berlin (31). In Berlin-Spandau, the Alkett -factory imposed 10¼ hours work on day shift and 12 hours -on night shift. At Königsberg the caterpillar-tread factory, -Krupp, imposed 12 hours a day.”</p> - -</div> - -<p class='pindent'>The work of foreign workers was remunerated by wages -identical with those of the German workers.</p> - -<p class='pindent'>I call the attention of the Tribunal to the illusory character of -this equality. The policy of freezing wages was a permanent -element of the wage and price policy pursued by the National -<span class='pageno' title='509' id='Page_509'></span> -Socialist Government; consequently, the wages of the workers -employed in Germany remained limited. They were, moreover, -heavily burdened with impositions and taxes. Finally and above -all, they were encroached upon by fines which the German -employers had the right to impose upon their workers. These fines -could reach the amount of the weekly wage for slight breaches of -discipline.</p> - -<p class='pindent'>I submit in evidence Document D-182. These are two drafts of -speeches to foreign civilian workers. One of them is intended for -Russian and Polish workers. I leave this to be dealt with by my -Soviet colleagues. I submit the other to the Tribunal as Exhibit -Number RF-88, and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Draft of an address to foreign civilian workers, ‘Maintenance -of Labor Discipline,’ January 1944.</p> -<hr class='tbk628'/> -<p class='noindent'>“I must inform you of the following:</p> -<hr class='tbk629'/> -<p class='noindent'>“The increasing lack of punctuality and absenteeism have -caused the competent authorities to issue stricter regulations -to ensure labor discipline whereby the competence of the -employers to impose penalties has been extended. Violations -of labor discipline, such as repeated tardiness, being absent -without cause or excuse, leaving a job without authorization, -will in the future be punished by fines up to the average -daily wage. In more serious cases, for example, for repeated -absences without cause or excuse, or insubordination, fines -up to the average weekly salary will be imposed. In such -cases, moreover, the additional ration cards may be taken -away for a period up to 4 weeks. . . .”</p> - -</div> - -<p class='pindent'>The precariousness of wages which, after these various cuts, -were actually received by the foreign workers did not allow them -to raise their standard of living in the places to which they had -been deported. I maintain that this standard was insufficient and -that the attitude of the Arbeitseinsatz in this matter constitutes a -characteristic violation of the elementary principles of the rights of -man. I will confirm this by submitting to the Tribunal proof of the -inadequacy of food, lodging, and medical care to which the foreign -workers were entitled.</p> - -<p class='pindent'>The German propaganda services issued, in France, illustrated -pamphlets in which the accommodations for foreign workers were -represented as being comfortable. It was quite different in reality.</p> - -<p class='pindent'>I will not dwell on this point. Mr. Dodd, my American -colleague, has already submitted and commented upon Document -D-288, an affidavit by Dr. Jäger, chief medical officer in charge of -the work camps in the Krupp factories. I will not reread this -document to the Tribunal, but I would like to repeat that in this -<span class='pageno' title='510' id='Page_510'></span> -document Dr. Jäger stated that French workers—prisoners of war -working in the Krupp factories—had been billeted for more than -half a year in kennels, urinals, unused ovens. The kennels were -3 feet high, 9 feet long, and 6 feet wide, and the men had to sleep -there five in a kennel. I submit this document, which is to support -my argument, as Exhibit Number RF-89.</p> - -<p class='pindent'>To this unsanitary accommodation often inadequate food was -added. In this respect I wish to explain the following to the -Tribunal:</p> - -<p class='pindent'>I do not claim that the foreign workers deported to Germany -were systematically exposed to starvation, but I do maintain that -the leading principle of National Socialism finds its expression in -the food regulations for foreign workers. They were decently fed -only insofar as the Allocation of Labor wished to maintain or to -increase their capacity for work. They were put on a starvation -diet the moment when, for any reason whatsoever, their industrial -output diminished. They then entered that category of unproductive -forces, which National Socialism sought to destroy.</p> - -<p class='pindent'>On 10 September 1942 the Defendant Sauckel declared to the -First Congress of the Labor Administration of Greater Germany:</p> - -<div class='blockquote'> - -<p class='noindent'>“Food and remuneration of foreign workers should be in -proportion to their output and their good will.”</p> - -</div> - -<p class='noindent'>He developed this point of view in documents which I am offering -in evidence to the Tribunal.</p> - -<p class='pindent'>I refer, in the first place, to the letter from Sauckel to Rosenberg, -which is Document 016-PS and which I shall not read since -it has already been read to the Tribunal by my American colleagues. -I wish, however, to draw the Tribunal’s attention to the second -paragraph, Page 20, of this document, which concerns the food -supply of prisoners of war and foreign workers:</p> - -<div class='blockquote'> - -<p class='noindent'>“All these people must be fed, lodged, and treated in such -a way that they may be exploited to the maximum with a -minimum of expense.”</p> - -</div> - -<p class='pindent'>I ask the Tribunal to remember this formula—the aim to exploit -the foreign labor to the maximum at a minimum of expense. It is -the same concept which I find in a letter of Sauckel of 14 March -1943 addressed to all Gauleiter. It is Document 633-PS, which -I submit to the Tribunal as Exhibit Number RF-90:</p> - -<div class='blockquote'> - -<p class='noindent'>“Subject: Treatment and care of foreign labor.</p> -<hr class='tbk630'/> -<p class='noindent'>“Not only our honor and prestige and, still more than that, -our National Socialist ideology which is opposed to the -methods of plutocrats and Bolshevists, but also cool common -sense in the first place demand proper treatment of foreign -labor, including even Soviet-Russians. Slaves who are -<span class='pageno' title='511' id='Page_511'></span> -underfed, diseased, resentful, despairing, and filled with hate, -will never yield that maximum of output which they might -achieve under normal conditions.”</p> - -</div> - -<p class='pindent'>I skip now to the next to the last paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“But since we will need foreign labor for many years and -the possibility of replacing them is very limited I cannot -exploit them on a short-term policy nor can I allow wasting -of their working capacity.”</p> - -</div> - -<p class='pindent'>The criminal concept revealed by these documents is particularly -manifest in the establishment of the food sanctions which were -inflicted on the deported workers. I refer to Document D-182, -which I have just submitted as Exhibit Number RF-88, and I -remind the Tribunal that it provides the possibility of inflicting on -recalcitrant workers the penalty of a partial suppression of food -rations. Moreover, the foreign workers, who were all the more -exposed to diseases and epidemics since they were poorly lodged -and fed, did not enjoy proper medical care.</p> - -<p class='pindent'>I submit in evidence a report made on 15 June 1944 by -Dr. Février, head of the health service of the French Delegation -with the German Labor Front. It is Document F-536. I submit it -as Exhibit Number RF-91, and I quote from the last paragraph at -Page 15 of the French original, Page 13 of the German translation:</p> - -<div class='blockquote'> - -<p class='noindent'>“At Auschwitz, in a very fine camp of 2,000 workers, we -find tubercular people who were recognized as such by the -local German doctor of the Arbeitsamt going about freely; -but this doctor neglects to repatriate them out of hostile -indifference. I am now taking steps to obtain their -repatriation.</p> -<hr class='tbk631'/> -<p class='noindent'>“In Berlin, in a clean hospital, well lighted and ventilated, -where the chief doctor, a German, makes the rounds only -once in 3 weeks, and a female Russian doctor every morning -distributes uniformly the same calming drops to every -patient, I have seen a dozen consumptives, three of them -released prisoners. All of them except one have gone beyond -the extreme limit at which treatment might still have had -some chance of proving effective.”</p> - -</div> - -<p class='pindent'>No statistics have been made of foreign workers who died -during their deportation. Professor Henri Dessaille, Medical -Inspector General of the Labor Ministry, estimates that 25,000 -French workers died in Germany during their deportation. But not -all of them died of diseases. To slow extermination was added -swift extermination in concentration camps.</p> - -<p class='pindent'>The disciplinary regime over the foreign workers was, in fact, -of a severity contrary to the rights of man. I have already given -<span class='pageno' title='512' id='Page_512'></span> -some example of penalties to which the deported workers were -exposed. There were still more. The workers who were deemed -recalcitrant by their supervisors were sent to special reprisal camps, -the ‘Straflager’; some disappeared in political concentration camps.</p> - -<p class='pindent'>I remind the Tribunal that I have already, indirectly, proved -this fact. In the course of my presentation I submitted under -Exhibit Number RF-44, the ordinance of Sauckel of 29 March 1943 -which extends the term of the labor contracts by the length of -time which the workers spent in prison or in internment camps.</p> - -<p class='pindent'>I will not dwell on this point. Mr. Dodd, my American colleague, -has submitted to the Tribunal the documents which prove the -shipment of labor deportees to concentration camps. For the rest, -I take the liberty of referring the Tribunal to the presentation -which M. Dubost will deliver to the Tribunal within a few days.</p> - -<p class='pindent'>I emphasize, however, the significance of this persecution of -foreign workers. It constitutes the completion of the crime of their -deportation and the proof of the coherence of the German policy of -extermination.</p> - -<p class='pindent'>I have already reported to the Tribunal the events which marked -the civilian mobilization of foreign workers for the service of -National Socialist Germany. I have shown how the device of -compulsory labor was inserted into the general framework of the -policy of German domination. I have denounced the methods -employed by the defendants to enforce the recruitment of foreign -labor. I have emphasized the importance of the deportations -undertaken by the Arbeitseinsatz, and I have recalled how the -deported workers were treated and ill-treated.</p> - -<p class='pindent'>The policy of compulsory labor includes all the infractions -under the jurisdiction of the Tribunal: Violation of international -conventions, violation of the rights of man, and crimes against -common law.</p> - -<p class='pindent'>All the defendants bear functional responsibility for these -infractions. It was the Reich Cabinet which set up the principles -of the policy of enforced recruitment; the High Command of the -German Armed Forces carried them out in the workshops of the -Wehrmacht, the Navy, and the Air Force; the civilian administrations -made use of it to support the German war economy.</p> - -<p class='pindent'>I retain more particularly the guilt of certain of the defendants: -Göring, Plenipotentiary for the Four Year Plan, co-ordinated the -planning and the execution of the plans for the recruitment of -foreign workers. Keitel, Commander-in-Chief of the Armed Forces, -counter-signatory of Hitler’s decrees, integrated compulsory labor -with his manpower policy. Funk, Reich Minister of Economics, and -Speer, Minister for Armament and War Production, based their -<span class='pageno' title='513' id='Page_513'></span> -program of war production on compulsory labor. Sauckel, finally, -Plenipotentiary General for Allocation of Labor, proved to be the -resolute and fanatical agent—to use his own words—of the policy -of compulsory enrollment which, in Holland, was promoted and -carried out by Seyss-Inquart.</p> - -<p class='pindent'>The Tribunal will appreciate their respective responsibility. I -request the Tribunal to condemn the crime of mobilization of -foreign workers. I ask the Tribunal to restore the dignity of human -labor which the defendants have attempted to degrade.</p> - -<p class='pindent'>M. CHARLES GERTHOFFER (Assistant Prosecutor for the -French Republic): Mr. President, Your Honors, the French Prosecution -is in charge of the part of the Indictment concerning the -deeds charged to the defendants which were perpetrated in the -countries of Western Europe, as provided for by Article VI of the -Charter of 8 August 1945. This text provides for violations of the -laws and customs of war which concern persons on the one hand -and private and public property on the other hand.</p> - -<p class='pindent'>The part of the Indictment concerning persons, that is, ill-treatment -inflicted on prisoners of war and on civilians, torture, -murder, deportation, as well as devastations not justified by military -exigencies, were presented to you and will be presented to you by -my colleagues. M. Delpech and I will have the honor to present to -you the pillage of private and public property.</p> - -<p class='pindent'>The Tribunal will have to be informed of the most arid part -of the presentation of the French prosecution. We shall strive to -present it as briefly as possible, to shorten the quotation of the -numerous documents submitted to the Tribunal, and to avoid, -whenever possible, statistical material in order to bring only the -principal facts to light. Nevertheless, sometimes we will go into -detail in order that the Tribunal may appreciate certain characteristic -facts now charged to the defendants, facts which are customarily -designated as “economic looting.”</p> - -<p class='pindent'>Before approaching this subject, I should like to ask the Tribunal’s -permission to express the gratitude of the Prosecutors of -the Economic Section of the French Delegation to their colleagues of -the other Allied delegations, and particularly to those of the American -section of the economic case who have been kind enough to put at -our disposal a great number of German documents discovered by -the United States Army, and important material means for their -reproduction in a sufficient number of copies.</p> - -<p class='pindent'>I shall have the honor of presenting in succession to the -Tribunal: 1) General remarks on the economic looting of the -occupied countries of Western Europe, 2) the special case of Denmark, -3) that of Norway, 4) that of Holland. My colleague, M. -Delpech, will present 5), the part covering Belgium and the Grand -<span class='pageno' title='514' id='Page_514'></span> -Duchy of Luxembourg. I shall have the honor of presenting to you -6), the part relating to France, and also the conclusion. Finally, a -special statement, 7), will be devoted to the works of art.</p> - -<p class='pindent'>In the course of the presentation, we shall submit a certain -number of documents. We shall quote only the passages which -seem to us the most important, when the same document relates -to several different questions; we shall quote those excerpts concerning -each question when it is presented, indicating each time -the reference in the document book, since it is impossible to make -known to you all the excerpts at the same time because of the -complexity of facts.</p> - -<p class='pindent'>In his speeches and in his writings, Hitler never concealed the -economic aims of the aggression of which Germany was to become -guilty. The theories of race and living space increased the envy -of the Germans at the same time as they stimulated their bellicose -instincts.</p> - -<p class='pindent'>After having conquered Austria and Czechoslovakia without -bloodshed, they turned against Poland and prepared to attack the -countries of Western Europe, where they hoped to find what was -lacking to assure their domination.</p> - -<p class='pindent'>This fact is revealed in particular by Document EC-606, discovered -by the United States Army, which I submit to the Tribunal -as Exhibit Number RF-92. This is the minutes of a conference -held by the Defendant Göring on 30 January 1940, with Lieutenant -Colonel Conrath and Director Lange of the machine-constructing -group attending. The following is the principal passage of the -minutes:</p> - -<div class='blockquote'> - -<p class='noindent'>“Field Marshal Göring told me at the beginning that he had -to inform me of the intentions of the Führer and of the -economic measures resulting therefrom.</p> -<hr class='tbk632'/> -<p class='noindent'>“He stated: The Führer is firmly convinced that he shall -succeed in bringing about a decisive conclusion of the war -in 1940 by making a great attack in the West. He assumes -that Belgium, Holland, and northern France will fall into -our possession; he, the Führer, forms his opinion on the -calculation that the industrial areas of Douai and Lens, of -Luxembourg, of Longwy and Briey might, as far as raw -materials are concerned, replace the deliveries from Sweden.</p> -<hr class='tbk633'/> -<p class='noindent'>“Therefore, the Führer has decided, in disregard for the -future, to stake fully our reserves of raw materials, at the -expense of possible later years of war. The soundness of -this resolution is supported with the Führer by the view -that the best stocks are not stocks of raw materials but stocks -of finished war materials. Moreover, when the aerial war -<span class='pageno' title='515' id='Page_515'></span> -begins, it must be taken into account that our finishing -factories may be destroyed. The Führer is furthermore of -the opinion that the maximum output must be achieved in -1940 and consequently that long-range production programs -should be put aside in order to accelerate those which can -be terminated in 1940.”</p> - -</div> - -<p class='pindent'>When the invasion began the countries of Western Europe were -glutted with products of every kind; but after 4 years of -methodical looting and enslavement of production, these countries -are ruined, and their entire population is physically weakened as -the result of rigorous restrictions.</p> - -<p class='pindent'>To achieve such results, the Germans used every method, particularly -violence, trickery, and blackmail.</p> - -<p class='pindent'>The purpose of the present statement will be to specify the main -spoliations ordered by the German leaders in the countries of -Western Europe and to show that they constitute, as far as they -are concerned, War Crimes which come under the jurisdiction of -the International Military Tribunal for major war criminals.</p> - -<p class='pindent'>It is not possible to draw an exact balance sheet of the German -looting and of the profit derived by them as the result of the -enslavement of production in the occupied countries. On one hand, -we do not have enough time; on the other hand, we find ourselves -faced with actual impotence resulting from the secret nature -of certain operations and the destruction of archives through acts -of war or deliberate destruction at the time of the German rout.</p> - -<p class='pindent'>Nevertheless, the documents now collected and the information -gathered make it possible to give a minimum estimate of the extent -of spoliation. However, I shall ask the Tribunal’s permission to -make three preliminary remarks:</p> - -<p class='pindent'>1) The numerous acts of individual looting committed by the -Germans will not be referred to by this presentation since they -come under the competence of a different jurisdiction.</p> - -<p class='pindent'>2) We shall only mention for the Record the incalculable, economic -results of German atrocities, for instance, the financial loss -experienced by the immediate relatives of breadwinners murdered, -or the loss suffered by certain victims of ill-treatment, who are -totally or partially, temporarily or permanently, incapacitated for -work, or the damage resulting from the destruction of localities -or buildings for the purpose of vengeance or intimidation.</p> - -<p class='pindent'>3) Finally, gentlemen, we shall not discuss the damage resulting -from purely military operations, which cannot be considered as -economic results of War Crimes. When damage caused by military -operations is referred to, some separate valuation will be necessary. -<span class='pageno' title='516' id='Page_516'></span></p> - -<p class='pindent'>With the permission of the Tribunal, I shall make a few general -remarks on the economic looting of Western European occupied -territories. Economic looting is to be understood as the removal -of wealth of every kind, as well as the enslavement of the production -of the various occupied countries.</p> - -<p class='pindent'>To reach such results in countries which were generally highly -industrialized and where numerous stocks of manufactured goods -and abundant reserves of agricultural products existed, the German -venture was faced with real difficulties.</p> - -<p class='pindent'>At first, although the Germans had used this procedure to its -maximum extent, requisitions were not adequate. In fact, they had -to find the opportunities for ferreting out all sorts of things, which -were sometimes hidden by the inhabitants, and on the other hand, -they had to maintain for their own profit the economic activity -of these countries.</p> - -<p class='pindent'>The simplest way of becoming masters of the distribution of -existing products and of production was to take possession of almost -all means of payment and, if necessary, to impose by force their -distribution in exchange for products or services, at the same time -combating the rise of prices.</p> - -<p class='pindent'>Faced with starvation the populations were thus naturally -forced to work directly or indirectly for the benefit of Germany.</p> - -<p class='pindent'>The first part of this presentation will be divided into five -chapters: 1) Seizure of currency by the Germans; 2) sequestering -of the production of the occupied territories; 3) individual purchases, -which should not be confused with individual acts of looting; -4) the black market, organized by and for the profit of Germany; -5) examination of the question of economic looting from the viewpoint -of international law and in particular of the Hague Convention.</p> - -<p class='pindent'>First chapter—seizure of currency by the Germans:</p> - -<p class='pindent'>To have at their disposal all means of payment, the Germans -used almost the same methods in the various occupied countries. -First, they took two principal measures. One was the issue of -paper money, by ordinance of 9 May 1940, published on Page 69 -of the <span class='it'>Verordnungsblatt für die besetzten französischen Gebiete</span>, -official German gazette, which will subsequently be referred to by -its official abbreviation VOBIF, which I submit to the Tribunal as -Document Number RF-93. This ordinance concerned Denmark and -Norway; and on 19 May 1940 was rendered applicable to the -occupied territories of Belgium, Holland, Luxembourg, and France. -<span class='pageno' title='517' id='Page_517'></span> -The Germans proceeded to issue bank notes of the Reichskreditkasse -which were legal tender only in the respective occupied -countries.</p> - -<p class='pindent'>The Germans then took a second measure: The blocking of -existing currency within the occupied countries as a result of the -ordinance of 10 May 1940, published in VOBIF, Page 58, which I -submit as Document Number RF-94. In regard to Holland these -ordinances are those of 24 June, 14 August, 16 August, and 18 September -1940, which are submitted as Document Numbers RF-95, -96, 97, and 98. In regard to Belgium these ordinances are those of -17 June and 22 July 1940, submitted as Document Numbers -RF-99 and 100.</p> - -<p class='pindent'>These measures, notably the issuing of paper money, left -exclusively to the whim of the Germans without any possible -control on the part of the financial administrations of the occupied -countries, were to serve, as we shall see, as powerful means of -pressure to impose the payment of enormous war tributes under -the pretext of maintaining occupation troops as well as alleged -payment agreements known as “clearing,” which functioned almost -exclusively to the benefit of the occupying power.</p> - -<p class='pindent'>The Germans thus procured for themselves, under false -pretenses, means of payment from which they profited by realizing -considerable sums for their sole benefit.</p> - -<p class='pindent'>All agricultural and industrial products, raw materials, goods -of every kind, or services, for which Germany apparently made -regular payment by means of either notes of the Reichskreditkasse -or by so-called clearing agreements or by war tributes known as -indemnities for the maintenance of occupation troops, were exacted -with full knowledge that no redemption would be forthcoming. -Thus, we can be sure that, as a rule, such regulations were purely -fictitious and were the most regularly used fraudulent procedure -to effect the economic looting of the occupied countries of Western -Europe.</p> - -<p class='pindent'>These questions will be examined in a more exact manner later -on. I shall limit myself for the moment to pointing out to the -Tribunal that to effect the economic looting of the occupied countries -with their own money, it was necessary that this money -should preserve an appreciable purchasing power. Therefore, the -efforts of the Germans were directed toward stabilization of prices. -A severe regulation prohibiting rises in prices was subsequently -promulgated by several decrees—VOBIF, Pages 8, 60, and 535, -submitted as Document Number RF-101. Nevertheless, the application -of such measures could not prevent economic laws from -<span class='pageno' title='518' id='Page_518'></span> -playing their part. The payment of excessive tributes, considering -the resources of the invaded countries, could not but have as their -primary result a continuous rise of prices. The leaders of the Reich -were perfectly aware of the situation and watched very attentively -the rise in prices, which they were attempting to moderate.</p> - -<p class='pindent'>This we know principally from the secret reports of Hemmen, -President of the Armistice Commission for German Economic -Questions, which we will discuss when we examine the particular -case of France.</p> - -<p class='pindent'>Chapter 2—Sequestering of the production of the occupied -countries:</p> - -<p class='pindent'>When the Germans invaded the countries of Western Europe -great disorder was created as the result. The population fled before -the advance of the enemy. Industries were at a stand-still. German -troops guarded the factories and prevented anyone from entering.</p> - -<p class='pindent'>I am not able to give you a list of the enterprises affected by -this situation, since there was almost no exception.</p> - -<p class='pindent'>Nevertheless, as an example, we will present to the Tribunal the -original of one of the numerous posters exhibited in industrial -plants in France. I submit this poster as Document Number -RF-102. It is dated Paris, 28 June 1940. One text is in German, -and the other is in French. Here is the French text:</p> - -<div class='blockquote'> - -<p class='noindent'>“By order of General Field Marshal Göring of 28 June 1940, -the Generalluftzeugmeister took possession of this factory as -trustee. Only persons having special permits from the -Generalluftzeugmeister, Verbindungsstelle, Paris, may enter.”</p> - -</div> - -<p class='pindent'>Hardly had the factories been occupied by the military when -German technicians, at the heel of the troops, proceeded methodically -to remove the best machines.</p> - -<p class='pindent'>It is revealed by a secret report of Colonel Hedler, dated -December 1940 and emanating from the Economic Section of the -OKW, Pages 77 and 78, that the removal of the best machines -from the occupied territories was to be organized, in spite of the -terms of Article 53 of the Hague Convention.</p> - -<p class='pindent'>This document is submitted as Exhibit Number RF-103 (Document -EC-84).</p> - -<p class='pindent'>On the other hand, immediately after the invasion, the working -population, their resources being exhausted, naturally gravitated -around these factories in the hope of securing their means of -subsistence. Problems of an identical nature arose in all the -occupied countries: to stop the looting of machinery, which was -taking place at an alarming rate; and to keep the workers -employed. -<span class='pageno' title='519' id='Page_519'></span></p> - -<p class='pindent'>The Germans for their part forced the factories to resume work -under the pretext of assuring subsistence to the population. The -ordinance of 20 May 1940, published in the VOBIF, Page 31, which -we submit as Document Number RF-104, applicable to the Netherlands, -Belgium, Luxembourg, and France, orders that work should -be resumed in all enterprises and industries of food supply and -agriculture. The same text provided for the appointment of -temporary administrators in case of absence of the directors or in -other cases of emergency.</p> - -<p class='pindent'>THE PRESIDENT: Are there any objections to breaking off?</p> - -<h3>[<span class='it'>The Tribunal adjourned until 21 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<div><span class='pageno' title='520' id='Page_520'></span><h1>THIRTY-NINTH DAY<br/> <span style='font-size:smaller'>Monday, 21 January 1946</span></h1></div> - -<h2 class='nobreak'><span class='it'>Morning Session</span></h2> - -<p class='pindent'>M. GERTHOFFER: Mr. President, Your Honors, at the end of the -last session I had the honor of beginning the account of the French -Prosecution on the economic pillage. In the first chapter I had -indicated to you succinctly how the Germans had become masters -of the means of payment in the occupied countries by imposing war -tributes under the pretext of maintaining their army of occupation -and by imposing so-called clearing agreements, functioning to their -benefit almost exclusively.</p> - -<p class='pindent'>In a second chapter, entitled “Sequestering of Production in the -Occupied Territories,” I had the honor of expounding to you that, -after the invasion, the factories were under military guard and that -German technicians proceeded to transfer the best machines to the -Reich; that the working population, having come to the end of their -resources, grouped themselves around the factories to ask for -subsidies; and, finally, that the Germans had ordered the resumption -of work and had reserved for themselves the right to designate -provisional administrators to direct the enterprises.</p> - -<p class='pindent'>At the same time, the Germans exercised pressure over the rulers -of the occupied countries and over the industrialists to bring the -factories back to productivity. In certain cases they themselves -placed provisional German administrators in charge and insinuated -that the factories would be utilized for the needs of the occupied -populations.</p> - -<p class='pindent'>On the whole, to avoid unemployment and to maintain their -means of production, the industrialists, little by little, resumed their -work, endeavoring to specialize in the manufacture of objects -destined for the civilian populations. Resorting to various means -of pressure, the Germans imposed the manufacture of defensive -armaments and then progressively of offensive armaments. They -requisitioned certain enterprises, shut down those which they did -not consider essential, distributed the raw materials themselves, and -placed controllers in the factories.</p> - -<p class='pindent'>The German control and seizure continually expanded in conformity -with secret directives given by the Defendant Göring -himself, as can be seen in a document dated 2 August 1940, discovered -by the Army of the United States, which bears the Document -Number EC-137, and which I place before the Tribunal as -<span class='pageno' title='521' id='Page_521'></span> -Exhibit Number RF-105. This is the essential passage of the -document:</p> - -<div class='blockquote'> - -<p class='noindent'>“The extension of the German influence over foreign enterprises -is an objective of German political economy. It is not -yet possible to determine whether and to what extent the -peace treaty will effect the surrender of shares. It is now, -however, that every opportunity should be used for German -economy, in time of war, to obtain access to material of -interest to the economy in occupied territories and to prevent -removals that might hinder the realization of the above-mentioned -aim. . . .”</p> - -</div> - -<p class='pindent'>I stop this quotation here. After having had knowledge of such -a document, there can be no further doubt about the intentions of -the German rulers. The proof of the putting into execution of such -a plan is shown in a document which will be read when the particular -case of France will be dealt with in the course of this -exposé.</p> - -<p class='pindent'>The Tribunal will be informed about a study of a certain -Michel, Chief of the Administrative General Staff on Economic -Questions, deputy to the German commanding officer in France, -which brings out the extent of the dictatorship of the Reich over -the occupied countries in economic matters. The control of the -enterprises in occupied countries was assured by civil or military -officials who were on the spot and also, later on, by similar German -enterprises, which had become their “Paten-Firma.”</p> - -<p class='pindent'>To give an example of this economic domination, here are the -orders received by an important French company. This involves the -Thomson-Houston Company, and I present a letter to the Tribunal -under Document Number RF-106 in the French documentation, -which is addressed to this establishment. It is dated Paris, -8 October 1943.</p> - -<div class='blockquote'> - -<p class='noindent'>“Société des Procédés Thomson-Houston, 173 Boulevard Haussmann, -Paris.</p> -<hr class='tbk634'/> -<p class='noindent'>“You are fully responsible for the punctual, careful, and -reasonable filling of the German orders which are passed to -you, both as regards the giver of the order and my office, -which is the competent agency for all orders given to France.</p> -<hr class='tbk635'/> -<p class='noindent'>“To facilitate for you the execution of your obligations, the -firm of the Allgemeine Elektricitäts Gesellschaft, Berlin -(NW 40), Friederich-Karl-Ufer 2-4, is designated by me as -the ‘Paten-Firma.’ I attach the greatest importance to close -collaboration on technical matters with the above-mentioned -firm. The Paten-Firma will have the following functions:</p> -<hr class='tbk636'/> -<p class='noindent'>“1) To co-operate in the establishment of your production -plan to utilize your capacities; -<span class='pageno' title='522' id='Page_522'></span></p> -<hr class='tbk637'/> -<p class='noindent'>“2) To be at your disposal for all technical advice which you -may need, and to exchange information with you;</p> -<hr class='tbk638'/> -<p class='noindent'>“3) To serve as an intermediary, if need be, for negotiations -with German authorities;</p> -<hr class='tbk639'/> -<p class='noindent'>“4) To keep me informed as to anything that might occur -which might prevent or limit the fulfillment of your -obligations.</p> -<hr class='tbk640'/> -<p class='noindent'>“In view of assuring these tasks, the Paten-Firma is authorized -to delegate a Firmenbeauftragter to your firm, and when -necessary, technical engineers from other German firms who -may have handed you important orders.</p> -<hr class='tbk641'/> -<p class='noindent'>“In order to permit the Paten-Firma to accomplish its task -it will be necessary to give the firm or its Firmenbeauftragter -the necessary information on everything that relates to the -German orders and to their execution:</p> -<hr class='tbk642'/> -<p class='noindent'>“1) By placing at its disposal your correspondence with your -supply houses and with your subcontractors;</p> -<hr class='tbk643'/> -<p class='noindent'>“2) By informing it now of the extent to which the capacities -of your factories are being utilized and permitting it to check -on the production;</p> -<hr class='tbk644'/> -<p class='noindent'>“3) By letting it take part in your conferences and see your -correspondence with the German authorities.</p> -<hr class='tbk645'/> -<p class='noindent'>“It is your duty to inform the Paten-Firma or their Firmenbeauftragter -immediately about any orders which you may -receive.”</p> - -</div> - -<p class='pindent'>This is the end of the quotation.</p> - -<p class='pindent'>Almost all the important enterprises in the occupied territories -were thus placed under the control of German firms, with the -double aim of favoring the Reich’s war effort and of achieving by -progressive absorption an economic preponderance in Europe, even -in case of a peace by compromise.</p> - -<p class='pindent'>In the agricultural sphere the Germans used similar means of -pressure. They made wholesale requisitions of products, leaving the -population with quantities clearly insufficient to assure their -subsistence.</p> - -<p class='pindent'>I now take up the third chapter devoted to individual purchases -by the German military or civilian forces in the occupied countries.</p> - -<p class='pindent'>If the present statement cannot take up individual acts of pillage -or the numerous thefts committed in the occupied countries, it is -important nevertheless to mention the individual purchases, these -having been organized methodically by the German rulers to benefit -their own nationals.</p> - -<p class='pindent'>At the beginning of the occupation the soldiers or civilians -effected purchases by means of vouchers of doubtful authenticity -<span class='pageno' title='523' id='Page_523'></span> -which had been handed them by their superiors. Soon, however, -the Germans had at their disposal a sufficient quantity of money -to allow them to purchase without any kind of rationing, or by -means of special vouchers, considerable quantities of agricultural -produce or of objects of all kinds, notably textiles, shoes, furs, -leather goods, <span class='it'>et cetera</span>. Thus, for instance, certain shoe stores were -obliged to sell every week, in exchange for special German vouchers, -300 pairs of men’s, women’s, or children’s shoes for town wear.</p> - -<p class='pindent'>This is indicated in an important report of the French economic -control, to which I will have occasion to refer several times in the -course of this presentation and which I submit to the Tribunal -under Document Number RF-107.</p> - -<p class='pindent'>The individual purchases which constitute a form of economic -pillage were, I repeat, not only authorized but organized by the -German rulers. In fact, when the Germans returned to their -country they were encumbered by voluminous baggage. A postal -parcel service had been created by the Germans for the benefit -of their nationals living in the occupied countries. The objects were -wrapped in a special kind of paper and provided with seals that -enabled their entry, duty free, into Germany.</p> - -<p class='pindent'>In order to get an idea of the volume of individual purchases, -it is important to refer to the declarations of one Murdel, ex-director -of the Reichskreditkasse at present detained in Paris, who -was heard before an examining magistrate of the Cour de Justice -de la Seine on 29 October 1945. This is the declaration made by -Murdel on the subject of individual purchases, and I submit it in -evidence as Document Number RF-108.</p> - -<p class='pindent'>The judge asked Murdel the following question:</p> - -<div class='blockquote'> - -<p class='noindent'>“What were the needs of the army of occupation? What -purchases did you have to make on its account?”</p> - -</div> - -<p class='pindent'>Murdel answered:</p> - -<div class='blockquote'> - -<p class='noindent'>“It is impossible for me to answer the first part of the -question. I had tried during the occupation to obtain information -on this point, but it was objected that this was a -military secret which I had no right to know. What I can -tell you is that we settled the pay of the troops and that -a private earned from 50 to 60 marks, a noncommissioned -officer 50 percent more, and an officer considerably more, -naturally. I have no idea what forces the occupation army -may have included, as these forces were extremely variable.”</p> - -</div> - -<p class='pindent'>I skip a few lines to make this shorter. Murdel adds:</p> - -<div class='blockquote'> - -<p class='noindent'>“Apart from this, every soldier on leave returning from -Germany had the right to bring back with him a certain -number of marks (50). The same was the case for any -German soldier who was stationed for the first time in -<span class='pageno' title='524' id='Page_524'></span> -France. We exchanged the marks into French francs. I value -the total of the sum that we paid out each month in this way -at 5,000 million francs.”</p> - -</div> - -<p class='pindent'>One may thus estimate at about 250,000 million francs, at least, -the individual expense incurred in France by the Germans, of which -amount the greater part was used for the purchase of products and -objects sent to Germany, to the detriment of the French population.</p> - -<p class='pindent'>To show the size of these costs, I would add that the amount of -5,000 million francs a month, in other words 60,000 million francs -a year, is greater than the budget receipts of the French State in -1938, for these were only 54,000 million francs.</p> - -<p class='pindent'>After having viewed the individual purchases, I shall enter upon -a fourth chapter devoted to the organization of the black market -by the Germans in the occupied territories. The population of the -occupied countries had been subjected to a severe rationing of products -of all kinds. They had been left only obviously insufficient -quantities for their own vital needs.</p> - -<p class='pindent'>These regulations made available a large quantity of the stock -production which the Germans seized by means of operations that -were, to all appearances, regular: requisitions, purchases by official -services, individual purchases, or those in exchange for vouchers of -German priority. We have just seen that these purchases represented -for France, alone, an average of 5,000 million francs per month.</p> - -<p class='pindent'>But such regulations produced, as a corollary, a depletion of -merchandise and the concealment of products with the aim of keeping -them from the Germans. This state of affairs gave birth, in -the occupied countries, to what was called the black market, that -is to say, clandestine purchases made in violation of regulations -on rationing.</p> - -<p class='pindent'>The Germans themselves were not slow in proceeding, to an -ever greater extent, to purchase on the black market, mostly through -agents and sub-agents, recruited among the most doubtful elements -of the population, whose work was to find out where these products -could be found.</p> - -<p class='pindent'>These agents, compromised by violations of the legislation on -rationing which they had committed, enjoyed absolute immunity; -but they were constantly under the threat of denunciation on the -part of their German employers in case they should slow up or stop -their activity. Often these agents also fulfilled functions for the -Gestapo and were paid by commissions, which they obtained in -black market transactions.</p> - -<p class='pindent'>The different German organizations in the occupied countries fell -into the habit of making clandestine purchases that became increasingly -important in volume. Indeed, they began to compete -among themselves for this merchandise, the chief result of which -<span class='pageno' title='525' id='Page_525'></span> -was to increase the prices, thus threatening to bring about inflation. -The Germans, while they continued to profit by the clandestine -purchases, were anxious that the money which they used should -maintain as high a value as possible.</p> - -<p class='pindent'>To obviate such a situation, the rulers of the Reich decided in -June 1942 to organize purchases on the black market methodically. -Thus the Defendant Göring, the Delegate of the Four Year Plan, -gave to Colonel Veltjens, on 13 June 1942, the mission of centralizing -the structure of the black market in the occupied countries. This -fact emerges from several documents discovered by the Army of the -United States, of which I submit the first to you as Document Number -RF-109. It is the nomination of Colonel Veltjens, signed by the -Defendant Göring himself. I do not want to take up the time of -the Tribunal in giving a complete reading of these documents. -I think that they cannot be contested, but if this should occur later, -I will reserve for myself the privilege of reading them later, unless -the Tribunal would prefer me to read them immediately.</p> - -<p class='pindent'>THE PRESIDENT: I am afraid we must adhere to our ruling. -The documents which we cannot take judicial notice of must be -read if they are to be put in evidence. You need only read the -portions of the document which you require to put in evidence—not -necessarily the formal parts, but the substantial parts which you -require for the purpose of your proof.</p> - -<p class='pindent'>M. GERTHOFFER: This is the letter of 13 June 1942, signed by -the Defendant Göring.</p> - -<div class='blockquote'> - -<p class='noindent'>“Owing to the simultaneous purchases of goods by the -different branches of the Wehrmacht and other organizations -on the so-called black market, a situation has developed in -some occupied territories which hampers the methodical -exploitation of these countries for the needs of German war -economy, is also harmful to German prestige, and endangers -the discipline necessary in the military and civilian administration. -This deplorable state of things can no longer be -tolerated. I therefore charge you to regularize these commercial -transactions in agreement with the services that are -involved and, particularly, with the chiefs of the administration -of the occupied territories. In principle, commercial -transactions in the occupied territories that are made outside -the framework of the normal provisioning, or constituting a -violation of price regulations, must be limited to special cases -and can be carried out only with your previously given assent. -I approve your proposal that only to trading companies controlled -by the Reich should be assigned the handling of these -goods, in the first place the ‘Roges.’ -<span class='pageno' title='526' id='Page_526'></span></p> -<hr class='tbk646'/> -<p class='noindent'>“I beg you to submit, at the earliest possible date, a detailed -plan of operation for starting your activity in Holland, Belgium, -France, and Serbia. (In Serbia it is Consul General Neuhausen -who is to be in charge.) This plan must include the -seizure of port installations and machinery and tools of enterprises -to be closed down in the occupied territories. As to the -results of your work, I beg you to submit a report to me -every month through my representative; the first to be sent -on 1 July 1942.</p> -<hr class='tbk647'/> -<p class='noindent'>“If necessary, the Central Planning Board will decide as to -the distribution of merchandise thus purchased.”—Signed—“Göring.”</p> - -</div> - -<p class='pindent'>Thereupon, on 4 September 1942, the Defendant Göring had given -orders for the complete collection of all merchandise of use, even -if signs of inflation should result from this act, in the occupied -territories. This is shown by a report signed “Wiehl,” concerning -the utilization of funds derived from occupation costs. I submit this -to the Tribunal as Exhibit Number RF-110 (Document Number -1766-PS).</p> - -<p class='pindent'>Shortly after, on 4 October 1942, the Defendant Göring made a -speech on the occasion of the Harvest Festival, a speech that is -reported in <span class='it'>Das Archiv</span> of October 1942, Number 103, Page 645. -In this speech the Defendant Göring stated implicitly that he meant -purchases on the black market in the occupied countries to continue -for the benefit of the German population. I submit a copy of this -article as Document Number RF-111 and I quote from it the following -passage:</p> - -<div class='blockquote'> - -<p class='noindent'>“I have examined with very special care the situation in the -occupied countries. I have seen how the people lived in Holland, -in Belgium, in France, in Norway, in Poland, and -wherever else we set foot. I have noticed that although very -often their propaganda speaks officially of the difficulty of -their food situation, in point of fact this is far from being the -case. Of course everywhere, even in France, the system of -ration cards has been introduced; but what is obtained on -these ration cards is but a supplement, and people live normally -on illegal commerce.</p> -<hr class='tbk648'/> -<p class='noindent'>“The recognition of this has caused me to make a firm -decision, creating a principle which must be rigidly adhered -to. The German people must be considered before all others -in the battle against hunger and in the problem of food -supply. It is my desire that the population of the territories -which have been conquered by us and taken under our protection -shall not suffer from hunger. If, however, through -enemy measures difficulties of food supply should arise, then -<span class='pageno' title='527' id='Page_527'></span> -all must know that if there is to be hunger anywhere it -shall in no case be in Germany. . . .”</p> - -</div> - -<p class='pindent'>The United States Army has discovered a secret report, made on -15 January 1943, by Colonel Veltjens, in which he gives an account -of his activity over a period of 6 months to the Defendant Göring. -This is Document Number 1765-PS, which I submit now to the -Tribunal as Exhibit Number RF-112. It is not possible for me to -give a complete reading of this report. I shall simply read certain -passages of it.</p> - -<p class='pindent'>In the first part of his report Veltjens explains the reasons for the -rise of the black market in these terms:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) The reduction in merchandise as a result of the regulations -and rationing. . . .</p> -<hr class='tbk649'/> -<p class='noindent'>“2) The impossibility of stabilizing prices. . . .</p> -<hr class='tbk650'/> -<p class='noindent'>“3) The impossibility of price control on German lines owing -to lack of personnel in the German control organizations.</p> -<hr class='tbk651'/> -<p class='noindent'>“4) The neglect of practical support for counter-measures on -the part of the local administrative authorities, especially -in France.</p> -<hr class='tbk652'/> -<p class='noindent'>“5) The half-hearted penal justice of the local judiciary -authorities.</p> -<hr class='tbk653'/> -<p class='noindent'>“6) The lack of discipline of the civilian population. . . .”</p> - -</div> -<hr class='tbk654'/> -<p class='noindent'>Then under the same number 6), a little further, Veltjens indicates:</p> - -<div class='blockquote'> - -<p class='noindent'>“The activity of the German services on the black market -grew little by little to such an extent that more and more -unbearable situations arose. It was known that the black -market operators offered their merchandise to several bureaus -at the same time and that it was the one which gave the -highest price who obtained the merchandise. Thus, the -different German formations not only vied with each other -in obtaining the merchandise, but also they caused the prices -to rise.”</p> - -</div> - -<p class='pindent'>Further on in his report, Veltjens indicates that he has assumed -the direction of the service created by the Delegate for the Four -Year Plan in these terms:</p> - -<div class='blockquote'> - -<p class='noindent'>“Finally, in June 1942, in agreement with all the central services, -the delegates for the special missions (B. f. S.) were -charged with taking in hand the seizure and the central control -of the black market. Thus, for the first time, a necessary -preliminary condition was created for effectively dealing with -the problem of the black market.”</p> - -</div> - -<p class='pindent'>In the second part of his report, Veltjens explains the advantages -of the organization in charge of which he was placed and he writes, -among other things: -<span class='pageno' title='528' id='Page_528'></span></p> - -<div class='blockquote'> - -<p class='noindent'>“It has been stated that purchases on the black market in -their present volume would become in the long run too much -for the budget of the Reich. In answer to this it must be pointed -out that the greater part of the purchases were made in -France and were financed by occupation costs. Out of a total -of purchases amounting to 1,107,792,819 RM, the sum of -929,100,000 RM was charged to the French for occupation costs -so that the Reich budget was not involved for that amount.”</p> - -</div> - -<p class='noindent'>After having indicated the inconveniences of the black market, Veltjens -concludes:</p> - -<div class='blockquote'> - -<p class='noindent'>“In recapitulating”—writes Veltjens—“it must be stated that, -in view of the supply situation in the Reich, now as before -we cannot do without black market purchases as long as there -are still hidden stocks which are important for carrying on -the war. To this vital interest all other considerations must -be subordinated.”</p> - -</div> - -<p class='pindent'>In a third part of this same report, Veltjens deals with the -technical organization of his offices. Here are some interesting -passages:</p> - -<div class='blockquote'> - -<p class='noindent'>“The general direction and supervision of the purchases is the -task assigned to the control services which have been newly -created for this purpose, as follows:</p> -<hr class='tbk655'/> -<p class='noindent'>“a) Supervisory service in France, with headquarters in Paris;</p> -<hr class='tbk656'/> -<p class='noindent'>“b) supervisory service in Belgium and the North of France, -with headquarters in Brussels;</p> -<hr class='tbk657'/> -<p class='noindent'>“c) supervisory service in Belgium and in the North of -France, auxiliary service Lille, with headquarters in Lille;</p> -<hr class='tbk658'/> -<p class='noindent'>“d) supervisory service in Holland with headquarters in The -Hague;</p> -<hr class='tbk659'/> -<p class='noindent'>“e) supervisory service in Serbia with headquarters in Belgrade.”</p> - -</div> - -<p class='pindent'>Then Veltjens tells us that purchases themselves were carried -out by a restricted number of licensed purchasing organizations, -that is, 11 for France, 6 for Belgium, 6 for Holland, 3 for Serbia.</p> - -<div class='blockquote'> - -<p class='noindent'>“So”—he writes—“all the purchases are subject to the central -control of the delegate for the special missions.”</p> - -</div> - -<p class='noindent'>Further on Veltjens adds:</p> - -<div class='blockquote'> - -<p class='noindent'>“The financing of the purchases and the transport of merchandise -are to be carried out by the Reich-owned Roges m. b. H. -The merchandise is then to be distributed to the purchasers -in the Reich by Roges in accordance with instructions from -the Central Planning Board, or departments appointed by the -Central Planning Board and in order of urgency.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='529' id='Page_529'></span></p> - -<p class='pindent'>In the fourth section of his report Veltjens gives the volume of -the operations carried out up to the date of 30 November 1942, -that is to say, in less than 5 months, as his organization had not -begun its activity before 1 July 1942. Here are the figures that -Veltjens gives:</p> - -<div class='blockquote'> - -<p class='noindent'>“The volume of purchases made (up to 30 November 1942):</p> -<hr class='tbk660'/> -<p class='noindent'>“(a) Since the inauguration of the purchases directed by the -German commanders or the Reich Commissioner, and of the -directed distribution of merchandise in the Reich, there has -been purchased a total of 1,107,792,818.64 Reichsmark: In -France a total amount of 929,100,000 Reichsmark; in Belgium -103,881,929 Reichsmark; in Holland 73,685,162.64 Reichsmark; -and in Serbia 1,125,727 Reichsmark.”</p> - -</div> - -<p class='noindent'>Veltjens adds:</p> - -<div class='blockquote'> - -<p class='noindent'>“The payment in France is made from the account of the occupation -costs, and in the other countries by means of clearing.”</p> - -</div> - -<p class='pindent'>Then Veltjens gives a table of merchandise purchased in this way -over the period of these 5 months. I shall simply give a summary to -the Tribunal:</p> - -<div class='blockquote'> - -<p class='noindent'>“1) Metals, 66,202 tons valued at 273,078,287 Reichsmark; 2) -textiles, a total value of 439,040,000 Reichsmark; 3) leather, -skins, and hides to a total value of 120,754,000 Reichsmark.</p> - -</div> - -<p class='noindent'>Veltjens adds:</p> - -<div class='blockquote'> - -<p class='noindent'>“Further purchases comprised: Industrial oils and fats, edible -oils and fats, wool, household articles, mess articles, wines -and spirits, engineering equipment, medical articles, sacks, -<span class='it'>et cetera</span>.”</p> - -</div> - -<p class='pindent'>Veltjens then gives a table of the increase in prices during these -5 months. Then he states the principle that the black market must -be utilized solely to the benefit of Germany and be severely -repressed when it is utilized by the populations of the occupied -countries. On this subject he actually writes:</p> - -<div class='blockquote'> - -<p class='noindent'>“1. Extension of price control. As an increase of the personnel -of the German controlling offices may not be possible, or -may be possible only to a limited extent, it will be necessary -to obtain from the local administration authorities greater -activity in this respect.</p> -<hr class='tbk661'/> -<p class='noindent'>“2. Application of severe penalties, on German lines, for -violations of regulations. This is the only means of remedying -the lack of discipline among the civilian populations, arising -from their individual and liberal ideas. A check of the sentences -that have been passed by the local tribunals is to be recommended. -<span class='pageno' title='530' id='Page_530'></span></p> -<hr class='tbk662'/> -<p class='noindent'>“3. The promise of rewards for denouncing violations of the -rationing regulations, equivalent to a high percentage of the -value of the goods seized on account of the denunciation.</p> -<hr class='tbk663'/> -<p class='noindent'>“4. The hiring of informers and of agents provocateurs.</p> -<hr class='tbk664'/> -<p class='noindent'>“Further to hinder illegal production:</p> -<hr class='tbk665'/> -<p class='noindent'>“5. Closing of all enterprises that are not working for the -war industry.</p> -<hr class='tbk666'/> -<p class='noindent'>“6. Closing or merging of enterprises whose capacity or production -is being only partly exploited.</p> -<hr class='tbk667'/> -<p class='noindent'>“7. Closer control of the productivity of factories.</p> -<hr class='tbk668'/> -<p class='noindent'>“8. Close examination of the quantity of raw materials allotted -for the German orders placed in France.</p> -<hr class='tbk669'/> -<p class='noindent'>“9. A policy of prices which affords the enterprises adequate -profit and thus guarantees their means of existence.”</p> - -</div> - -<p class='pindent'>Examining the demands of the rulers of the occupied countries -with relation to the German purchases on the black market, Veltjens -writes:</p> - -<div class='blockquote'> - -<p class='noindent'>“Moreover, lately the French and Belgian economic and -government circles, among others the Chief of the French -Government himself, have considered it necessary to complain -about the organized German buying. In response to remonstrations -of this kind, it should be pointed out—in addition to -various other arguments—that on the part of the Germans, -too, there is naturally the greatest interest in the disappearance -of the black market. But the chief responsibility for its -existence rests with the government authorities themselves -for their incompetence regarding price control and their -negligence in meting out just punishment, whereby lack of -discipline among their own population is encouraged.”</p> - -</div> - -<p class='pindent'>The Tribunal will allow me to stress the value of the argument -developed by Veltjens by reminding it that the Germans were the -principal purchasers on the black market, and that their agents -enjoyed absolute immunity.</p> - -<p class='pindent'>Finally, speaking of the machinery in the factories, Veltjens -writes in his report:</p> - -<div class='blockquote'> - -<p class='noindent'>“Another order of the delegate for the special missions concerns -seizure of the machinery of closed factories. It is an -established fact that great capacities, particularly of machine -tools, are not being utilized at present, while at home they -are urgently needed for armament production. After an -agreement by the delegate of special missions, the military -commander, and the plenipotentiary for machine production, -there has been created in France, at the armament inspection -<span class='pageno' title='531' id='Page_531'></span> -office, an office for the distribution of machines (Maschinenausgleichstelle).</p> -<hr class='tbk670'/> -<p class='noindent'>“The creation of Maschinenausgleichstellen in Belgium and -Holland is pending. One of the main difficulties, in this field, -is to overcome the resistance of the owners of the factories, -as well as that of the local government offices of the occupied -territories.</p> -<hr class='tbk671'/> -<p class='noindent'>“The occupation authorities will have to use every means -to break this resistance.”</p> - -</div> - -<p class='pindent'>In conclusion, Veltjens alludes in his report to the Roges company, -which was a special organization for the transport to Germany -of the booty captured in the occupied countries, and more particularly, -of products acquired by operations on the black market. One -of the directors of this organization, called Ranis, was interrogated on -1 November 1945, and declared in substance that the Roges company -had begun its activity in February 1941, succeeding another organization. -On the whole he confirms the facts that are reported in Veltjens’ -report. I shall therefore simply submit a copy of his interrogation -to the Tribunal under Document Number RF-113.</p> - -<p class='pindent'>The scope of the operations on the black market is thus -established by German documents which cannot be contested by -the opposite side. I beg to point out to you that these documents -prove that within 5 months, in three countries, these operations -amount to the sum of 1,107,792,818 Reichsmark. We shall come back -to certain details when examining the special situation of certain -countries. However, it is necessary for me to indicate the reasons -why the Defendant Göring finally came to decide that the black -market operations should be suspended.</p> - -<p class='pindent'>Indeed, on 15 March 1943, under the pretext of avoiding the -risk of inflation in the occupied countries, Göring decided that black -market purchases be suspended. We have just seen that the Defendant -Göring worried little about the fate of the population of the -occupied countries, since he had decided that the black market -purchases were to continue even at the risk of inflation.</p> - -<p class='pindent'>The true reason is the following: While the official German -organizations were buying at prices which were strictly fixed by -them, the clandestine organizations were accepting much higher -prices. The merchandise was therefore always gravitating to the -black market, to the detriment of the official market; and clandestine -production in the end absorbed the normal production.</p> - -<p class='pindent'>Finally it must be added that the corruption resulting from such -practices in certain circles of the German Armed Forces became -disquieting to the German leaders. The black market was therefore -suppressed officially on 15 March 1943, but some purchasing bureaus -<span class='pageno' title='532' id='Page_532'></span> -continued their clandestine activities until the time of liberation -but on a much smaller scale than before 15 March 1943.</p> - -<p class='pindent'>I cite a passage of the report of the French Economic Control -which I have just put into evidence as Document Number RF-107 -and which gives an idea of the disorder that was created by the -German actions and which shows the reasons why the Reich -authorities officially suspended the black market purchases—Page 21 -of the French text:</p> - -<div class='blockquote'> - -<p class='noindent'>“That was the time when champagne, cognac, and benedictine -were handled by lots of 10,000 to 50,000 bottles and <span class='it'>pâte de -foie gras</span> by the ton! From the very beginning the general -corruption had affected a great number of the Wehrmacht -officers, attracted by the sumptuous life which surrounded -them. It penetrated so far into the German military circles -that, from the lower mess sergeant up to the superior officer, -each one was implicated with the worst traffickers, demanding -commissions on all the deals. In a clandestine sale of wool -thread the authorities found themselves face to face with a -general of the Air Force.”</p> - -</div> - -<p class='pindent'>Around them soon flocked all the bad elements of France, -swindlers and other habitual criminals. Then came a crowd of all -the customary trade traffickers, brokers, and out-of-work agents, -generally unimportant middlemen.</p> - -<p class='pindent'>It is understood that in such a circle, composed of unknown and -elusive people, the black market deals which were transacted -without invoices and in cash, and without written receipts, except -those of the German offices, cannot today be easily disclosed and -evaluated.</p> - -<p class='pindent'>I resume the quotation at Page 22:</p> - -<div class='blockquote'> - -<p class='noindent'>“Originating in the course of the year 1941, the commercial -agitation of these Parisian purchasing bureaus continued in -this manner for about 20 months. But, after having attained -its peak at the end of 1942, this activity came to an abrupt -end in March 1943, a victim of its own excesses.</p> -<hr class='tbk672'/> -<p class='noindent'>“Actually, during the entire occupation production prices -were strictly limited by the French authorities and even more -so by the German economic services which were systematically -opposed to any increase in prices and anxious, above all, to -maintain large purchasing power for the French money at -their disposal.</p> -<hr class='tbk673'/> -<p class='noindent'>“But, since the supplies delivered to the enemy under contract -were being paid for at prices hardly better than the legal -ones, the clandestine purchasing agencies accepted at the -same time rates several times higher for the same products. -<span class='pageno' title='533' id='Page_533'></span></p> -<hr class='tbk674'/> -<p class='noindent'>“So the conveying of merchandise to the German black market -increased more and more, while the secret production of goods -to be forwarded through these dark channels increased. The -disorder became rapidly such that, in certain branches of -industry, deliveries according to contract could not be carried -out except with great delay, in spite of the menacing protests -of the German authorities.</p> -<hr class='tbk675'/> -<p class='noindent'>“Completely aghast, the French Ministry of Industrial Production -had to inform the German authorities that the -national production would soon no longer be able to meet its -obligations.</p> -<hr class='tbk676'/> -<p class='noindent'>“This obvious situation, together with the necessity of putting -an end to the incredible corruption brought about by the black -market in the Wehrmacht, led the Reich Government, if not -totally to suppress the black market, at least to consider -closing the Paris purchasing bureaus.</p> -<hr class='tbk677'/> -<p class='noindent'>“This measure was made effective 13 March 1943 according -to an agreement between Bichelonne and General Michel.</p> -<hr class='tbk678'/> -<p class='noindent'>“However”—and this is very significant—“the German economic -services did not fail to ask in compensation for a considerable -rise in the quotas fixed under the agreements. Thus -for the Kehrl plan alone this rise amounted to 6,000 tons of -textiles.</p> -<hr class='tbk679'/> -<p class='noindent'>“Only a few bureaus were able to carry on their activities -until the liberation, either by endeavoring to execute their -purchases through Roges (D’Humières, Economic Union, <span class='it'>et -cetera</span>), or collaborating with military authorities buying -supplies and with the bureaus of the German Air force and -the Navy.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: We will adjourn for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. GERTHOFFER: In the course of my explanations I shall come -back to the case of each particular country, concerning the black -market operations, in order to show their extent. But I think that, -just now, it is established by the Veltjens report, as well as by -the passages from the French Economic Control report which I had -the honor to read to the Tribunal, that the black market was -organized by the leaders of the Reich, and especially by the -Defendant Göring.</p> - -<p class='pindent'>And to finish the general observations concerning economic -plundering, I beg the Tribunal’s permission to give a few explanations -from the legal point of view. That is the subject of -Chapter 5 of this first part. -<span class='pageno' title='534' id='Page_534'></span></p> - -<p class='pindent'>From a legal point of view it is not contestable that organized -plundering of the countries invaded by Germany is prohibited by -the International Hague Convention, signed by Germany and -deliberately violated by her, even though her leaders never failed -to invoke this Convention every time they tried to benefit by it.</p> - -<p class='pindent'>Section III of the Hague Convention, entitled “The Military -Authority over the Territories of the Enemy State,” relates to -economic questions. These clauses are very clear and need not be -discussed. If the Tribunal will allow me to recall them in reading, -here is Section III of the Hague Convention which I put into the -document book as Document Number RF-114, and which is entitled, -“The Military Authority over the Territories of the Enemy State”:</p> - -<div class='blockquote'> - -<p class='noindent'>“Article 42: A territory is considered occupied when it is -placed actually under the authority of the hostile army. The -occupation extends only to the territories where this authority -has been established and can be exercised.</p> -<hr class='tbk680'/> -<p class='noindent'>“Article 43: The authority of the legitimate power having in -fact passed into the hands of the occupant, the latter. . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: I think we can take judicial notice of these -articles of the Convention.</p> - -<p class='pindent'>M. GERTHOFFER: I shall therefore not read this article, since -the Tribunal knows the Convention, and shall simply limit myself -to certain juridical remarks.</p> - -<p class='pindent'>These texts of the Hague Convention show in a very clear way -that the Germans could seize in occupied countries only what was -necessary for the maintenance of troops indispensable in the occupation -of the territories. All items which were levied beyond these -limits were in violation of the texts which you know, and consequently -these acts were acts of plundering.</p> - -<p class='pindent'>Counsel for the Defense may contend that all these prescriptions -must be put aside, because Germany had set herself the goal of -continuing the war against Britain, the U.S.S.R., and the United -States of America. The Defense may claim that, because of this, -Germany was in a state of need and had to counter the prescriptions -of the Hague Convention, trying to interpret the Article 23 G as -allowing destruction or seizure even of private property.</p> - -<p class='pindent'>I shall immediately answer that this text does not lay down -rules relating to the conduct of the occupant in enemy territory. -These last prescriptions are contained, I repeat, in Articles 42 to 56, -but they referred to the conduct, which the belligerents must observe -in the course of the combat.</p> - -<p class='pindent'>The words “to seize” in the sentence, “. . . to seize enemy property -except in cases where . . . these seizures are absolutely demanded -by military necessity,” mean—and there can be no discussion as to -<span class='pageno' title='535' id='Page_535'></span> -translation because actually the French text is binding—the words -“to seize” mean not to appropriate a thing, but to put it under the -protection of the law with a view to leaving it unused, in the state -in which it was found, and keeping it for its true owner or for -whoever can show right to it. Such a seizure permits the military -authority, as long as the action lasts, to prevent the owner from -using the property against its troops, but it does not authorize the -military authority in any case to appropriate it for itself.</p> - -<p class='pindent'>Acts of economic plunder are all contrary to the principles of -international law and furthermore are formally provided for by -Article 6b of the Charter of the International Military Tribunal of -August 1945.</p> - -<p class='pindent'>These constant violations of the Hague Convention had the result -of enriching Germany and permitted her to continue the war against -Britain, the Soviet Union, and the United States, while they ruined -the invaded countries, the populations of which, subjected to a -regime of slow famine, are now physically weakened and, but for -the victory of the Allies, would be on the road to progressive extermination.</p> - -<p class='pindent'>These inhuman deeds therefore constitute War Crimes which -come within the competency of the International Military Tribunal -as far as the leaders of the Reich are concerned.</p> - -<p class='pindent'>Before finishing this rapid summary of juridical questions, the -Tribunal will permit me to refute in advance an argument which -will certainly be presented by the Defense, especially as far as -economic plunder is concerned. They will claim that your high -jurisdiction did not exist, that international penal law had not yet -been formulated in any text when the defendants perpetrated the -acts with which they are at present charged, and that therefore they -could not be condemned to any sentence whatsoever by virtue of -the principle of non-retroactivity of penal laws.</p> - -<p class='pindent'>Why, Gentlemen, is this principle adopted by modern legislation? -It is indisputable that any person who is conscious of never having -violated any legal prescription could not be condemned because of -acts which were committed in such circumstances.</p> - -<p class='pindent'>For example, somebody issues a check without funds to cover it, -before his country had adopted a penalty for such an offense. But -the case which is submitted to you is quite different. The defendants -cannot maintain that they were not conscious of having violated -legislation of any kind. First of all, they violated international -conventions: The Hague Convention of 1907, the Kellogg-Briand -Pact of 27 August 1938, and then they violated all the penal laws -of the invaded countries.</p> - -<p class='pindent'>How, in these proceedings, shall economic plunder be qualified? -Theft, swindling, blackmail, and even, I will add, murder—since, in -<span class='pageno' title='536' id='Page_536'></span> -order to attain their aims, the Germans have premeditated and -committed numerous murders which enabled them to intimidate the -population in order to plunder them better.</p> - -<p class='pindent'>From the point of view of domestic law, these deeds certainly -fall under the application of Articles 295 and the following ones -of the French penal code, and especially of Article 303, which -stipulates as guilty of murder all offenders, of whatever category, -who, to execute their crimes, resort to torture or perpetrate barbarous -acts. I will add that the defendants violated even the German -criminal code, in particular under Articles 249 and following.</p> - -<p class='pindent'>Counsel for the Defense will certainly stress that some leaders -of the invaded countries were in agreement with the Reich -Government as to the economic collaboration, and that consequently -the Reich Government cannot be charged with acts which derive -from these agreements.</p> - -<p class='pindent'>Such arguments must be refuted:</p> - -<p class='pindent'>1.) If, in all the invaded countries, patriots resisted with more -or less courage, it is true that some of them, out of inertia, fear, -or self interest, turned traitors to their country. They have been -or will be condemned. But the crimes committed by certain of them -cannot be exonerating or even extenuating circumstances in favor -of the defendants, especially since the latter had very often put -these traitors in to manage the occupied countries. The fact of -having brought individuals to turn traitor to their country only -aggravates, on the contrary, the heavy charges against the defendants.</p> - -<p class='pindent'>2.) These so-called agreements had all been obtained by -pressure or by threat. The concluded contracts show that they were -solely in favor of Germany, who, as a matter of fact, never brought -any compensation or illusory benefits—very often their burdensome -nature is seen from the mere reading of such contracts, as I will -have the honor to show in certain particular cases.</p> - -<p class='pindent'>With these explanations my general observations on the economic -pillage are concluded, and if the Tribunal is willing we can examine -the particular case of Denmark.</p> - -<p class='pindent'>When the Germans invaded Denmark, contrary to all the -prescriptions of the law of nations and to their engagements, they -were not certain of rapidly dominating Western Europe. At first -they laid down the principle that they would not take anything -in the country, but after their success of May 1940 their attitude -changed; and little by little they treated Denmark more or less like -the other occupied countries.</p> - -<p class='pindent'>Nevertheless, they sought to achieve annexation pure and simple, -and took rigorous measures against the population only in the -course of 1942, when they saw that they would not be able to win -Denmark over. From the economic point of view, and to assure -<span class='pageno' title='537' id='Page_537'></span> -their domination, they tried to have at their disposal the majority -of the Danish means of payment, and they used to this effect two -methods which to a great extent were used by them in other -countries: (1) The levying of a veritable tribute of war, under the -pretext of maintaining their army of occupation; (2) the functioning -of the so-called clearing agreement to their almost exclusive benefit. -These two methods should be studied in Chapter I of this statement.</p> - -<p class='pindent'>Chapter I, German seizure of the means of payment; costs of -occupation.</p> - -<p class='pindent'>Article 49 of the Hague Convention stipulates that if the -occupant levies a tax the money will only be for the army of -occupation or for the administration of the territory.</p> - -<p class='pindent'>The occupant can therefore levy a tax for the maintenance of -its army, but this tax must not exceed the sum strictly necessary. -The needs of the army of occupation mean, not the costs of -armament and equipment, but only the costs of billeting, food, and -pay. I say normal expenses, which exclude luxuries.</p> - -<p class='pindent'>Article 52 authorizes the occupying power to exact from the -communes or inhabitants, for the needs of the army, requisitions -in kind and services, with the express condition that they should -be proportionate with the resources of the country and of such -a nature that they should not imply for the population the obligation -to take part in operations against their own country.</p> - -<p class='pindent'>The same Article 52 stipulates that levies in kind shall be paid -as far as possible in cash; otherwise they are to be confirmed by -receipts and the sums due paid as soon as possible.</p> - -<p class='pindent'>In other words, the Hague Convention allows the occupying -army to requisition in occupied territories what is necessary for -the maintenance of the troops but under two conditions, apart -from contributions in kind: 1) That the requisitions and the services -should be proportionate to the resources of the country, that is -to say, that sufficient should be left over for the inhabitants, to -enable them at least to live; 2) that the levies should be paid as -soon as possible. This is not a question of fictitious payment made -with funds extorted from occupied countries, but actual payment, -which implies supplying real equivalents.</p> - -<p class='pindent'>Article 53 of the Convention of The Hague which permits the -occupying powers to seize everything which could be turned -against them—and in particular, cash, funds, and securities of all -kinds belonging to the state of the occupied country—does not -authorize the occupying power to appropriate them.</p> - -<p class='pindent'>According to information furnished by the Danish Government, -when the Germans entered Denmark they declared that they would -not demand anything from the country, but that supplies for the -German Army would come from the Reich. -<span class='pageno' title='538' id='Page_538'></span></p> - -<p class='pindent'>Nevertheless, instead of buying Danish crowns to permit their -troops to spend money in Denmark, as early as 9 May 1940 they -imposed the circulation of notes of the Reichskreditkasse, which is -shown in Number 26 of the VOBIF, which I have already submitted -under Document Number RF-93.</p> - -<p class='pindent'>Upon the protestations of the National Danish Bank against the -issuing of foreign paper money, the Germans withdrew these notes -from circulation, but demanded the opening of an account at the -National Bank, promising to draw upon it only for sums which were -essential for the maintenance of their army in Denmark.</p> - -<p class='pindent'>But the Germans did not lose time in violating their promises -and in levying on their account, in spite of the Danish protests, sums -infinitely superior to the needs of the army of occupation.</p> - -<p class='pindent'>According to the information given by the Danish Government, -the Germans levied, per month, an average of 43 million crowns -in 1940; 37 million crowns in 1941; 39 million crowns in 1942; -83 million crowns in 1943; 157 million crowns in 1944; 187 million -crowns in 1945. The total of these levies amounts, according to the -Danish Government, to 4,830 million crowns.</p> - -<p class='pindent'>I submit, as Document Number RF-115, the financial report of -the Danish Government concerning this, a report to which I shall -refer again in the course of this statement.</p> - -<p class='pindent'>The indications of the Danish Government are corroborated by -a German document discovered by the United States Army, Document -EC-86, Page 11, which I submit to the Tribunal as Exhibit -Number RF-116.</p> - -<p class='pindent'>This is a secret report of 10 October 1944, written by the -Arbeitsstab Ausland, and concerns the requisition of funds of the -occupied territories.</p> - -<p class='pindent'>On Page 11 the following is said:</p> - -<div class='blockquote'> - -<p class='noindent'>“Denmark is not considered as occupied territory, and therefore -does not pay occupation expenses. The means necessary -for the German troops are placed at the disposal of the -central administration of the Reichskreditkasse by the Central -Danish Bank, through channels of ordinary credit. In any -case, for the duration of the war uniform payment by -Denmark is assured.”</p> - -</div> - -<p class='pindent'>The writer of this report says that the levies to 31 March 1944, -for occupation expenses, amount to: 1940-1941, 531 million crowns; -1941-1942, 437 million crowns; 1942-1943, 612 million crowns; -1943-1944, 1,391 million crowns; which represents, up to 31 March -1944, levies amounting to 2,971 million crowns. This corresponds -to the information given by the Danish Government for approximately -the same period—2,723 million crowns. -<span class='pageno' title='539' id='Page_539'></span></p> - -<p class='pindent'>The same German report shows that the rate of exchange for -the mark, as compared to the rate of exchange for the crown, had -been fixed by the occupying powers at 47.7, then at 53.1 marks -per 100 crowns.</p> - -<p class='pindent'>Even though the Germans claim, against all evidence, that -Denmark was not an occupied territory, they levied in this country -the total sum of 4,830 million crowns, an enormous sum in view of -the number of inhabitants and the resources of the country. In -reality, this was nothing other than a war tribute which Germany -imposed under the pretext of furnishing means of payment to her -army stationed in Denmark.</p> - -<p class='pindent'>The maintenance of the army necessary for occupying Denmark -did not necessitate such large expenses. It is evident that the Germans -used, as in other countries, the majority of the funds extorted -from Denmark to finance their war effort.</p> - -<p class='pindent'>Chapter II, clearing.</p> - -<p class='pindent'>In 1931 Germany faced financial difficulties, which she used -as a pretext to declare a general moratorium on all her foreign -obligations. Nevertheless, to be able to continue, to a certain extent, -her commercial operations with foreign countries, she concluded -with most of the other nations agreements permitting the payment -of her commercial debts, and even of certain financial debts, on -the basis of a system of compensation called “clearing”.</p> - -<p class='pindent'>Ever since the beginning of the occupation, 9 April 1940, and -for its duration, the Danish authorities did everything they could, -but in vain, to counteract German activity in this direction.</p> - -<p class='pindent'>Under the pressure of occupying forces Denmark could not -prevent her credit in the clearing balance from constantly increasing, -owing to the German purchases which were made without the -guarantee of any equivalent. According to the Danish Government, -the credit balance of the account progressed in the following way: -31 December 1940, 388,800,000 crowns; 31 December 1941, 784,400,000 -crowns; 31 December 1942, 1,062,200,000 crowns; 31 December 1943, -1,915,800,000 crowns; 31 December 1944, 2,694,600,000 crowns; 30 April -1945, 2,900 million crowns.</p> - -<p class='pindent'>These data are corroborated by those of the German report which -I submitted a few minutes ago under Exhibit Number RF-116 -(Document Number EC-86), and according to which, on 31 March 1944, -the Germans had procured for themselves means of payment, -through clearing, amounting to a total sum of 2,243 million crowns.</p> - -<p class='pindent'>It has not been possible to establish the use the occupants made -of the sum of 7,730 million crowns which they obtained fraudulently, -to the detriment of Denmark, with the help of the indemnity of -occupation and of clearing. -<span class='pageno' title='540' id='Page_540'></span></p> - -<p class='pindent'>The information which we have up to now does not enable us -to estimate the extent of the operations carried out by the Germans -on the black market. Nevertheless, the writer of the report of -10 October 1944, presented previously, indicates; and I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“An estimate of the amounts spent on the black market must -not be made. Of course, one may assume that members of the -Wehrmacht are buying at top prices butter and other products -in Denmark. But it is impossible to fix these sums even -approximately, for the black market seems to be less widespread -and less well co-ordinated than in the other occupied -territories of the West, and is closer to the structure of the -German black market with its fluctuating prices. Nevertheless, -the prices of the Danish black market can generally be considered -as much lower than the German prices. It is, therefore, -not possible to speak of an average high price, as for -instance in France, Belgium, and Holland.”</p> - -</div> - -<p class='pindent'>It is worth noting that the Germans, and especially members of -the Wehrmacht, used to operate on the black market and that -payment was effected with funds extorted from Denmark.</p> - -<p class='pindent'>Concerning the apparently regular requisitions, we also lack -the necessary information to be able to give precise details. Nevertheless, -according to a secret report of 15 October 1944, addressed -by the German officer of the Economic Staff for Denmark to his -superiors in Frankfurt an der Oder, a document discovered by the -United States Army and which I submit as Document Number RF-117, -the following goods were requistioned by his department:</p> - -<div class='blockquote'> - -<p class='noindent'>“From January to July 1943, 30,000 tons of turf; in May 1944, -6,000 meters of wood. . . .”</p> - -</div> - -<p class='noindent'>The writer adds that they tried to push this production to 10,000 -cubic meters per month.</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . in September 1944, 5,785 cubic meters of cut timber, 1,110 -meters of uncut timber, 1,050 square meters of plywood, -119 tons of paint for ships, and special wood for the navy.”</p> - -</div> - -<p class='noindent'>Gentlemen, this is but an enumeration of the requisitions which -just one German section happened to make within a short time.</p> - -<p class='pindent'>Denmark had to furnish large quantities of cement. Germany -furnished her, in exchange, with the coal necessary for this -manufacture.</p> - -<p class='pindent'>According to this report which I have mentioned, in August 1944 -the Germans bought in Denmark foodstuffs for over 8,312,278 -crowns. These figures are less than the truth. According to the -last information we have received from the Danish Government, -the requisitions of agricultural items alone amounted, on an -<span class='pageno' title='541' id='Page_541'></span> -average, to 70 million crowns per month; which represents, for -60 months of occupation, requisitions to a value of 4,200 million -crowns.</p> - -<p class='pindent'>Chapter III, requisitions not followed by payment.</p> - -<p class='pindent'>Apart from that which they managed to buy with the help of -crowns which were deposited in their accounts under the pretext -of the maintenance of the army of occupation and of clearing, the -Germans appropriated an important quantity of things without -having paid for them in any seemingly regular manner.</p> - -<p class='pindent'>It was in this way that they appropriated supplies from the -Danish Army and Navy—lorries, horses, means of transport, -furniture, clothing, the amount of which to date has not been -evaluated but might be estimated at about 850 million crowns. -Many requisitions and secret or even apparent purchases have not -yet been estimated exactly.</p> - -<p class='pindent'>The same report, submitted under Document Number RF-115, -contains, on the part of the Danish Government, an approximate -and provisional estimate of the damages sustained by Denmark -and of the German plunder, which amounts to 11,600 million -crowns.</p> - -<p class='pindent'>The information which we have to date does not permit me -to give any more particulars concerning Denmark. I will, therefore, -if the Tribunal will permit me, begin with the particular case -of Norway.</p> - -<p class='pindent'>The economic plundering of Norway.</p> - -<p class='pindent'>The German troops had only arrived in Norway when Hitler -declared, on 18 April 1940, that the economic exploitation of that -country should be proceeded with, and for that reason Norway -must be considered as an enemy state.</p> - -<p class='pindent'>The information which we have on the economic plundering of -Norway is rather brief; but it is, nevertheless, sufficient to estimate -the German activity in this country during the entire period of -the occupation.</p> - -<p class='pindent'>Norway was subjected to a regime of most severe rationing. As -soon as they entered the country, the Germans tried—and this -was contrary to the most elementary principles of International -Law—to draw from Norway the maximum resources possible.</p> - -<p class='pindent'>In a document discovered by the United States Army, Document -Number ECH-34, which I submit as Exhibit Number RF-118, a -document which consists of the <span class='it'>Journal de Marche</span> of the economy -and armament service in Norway, written in April 1940, we have -excerpts of the directives relative to administration and economy -in the occupied territories. -<span class='pageno' title='542' id='Page_542'></span></p> - -<p class='pindent'>Here are some excerpts from this document:</p> - -<div class='blockquote'> - -<p class='noindent'>“Directive of Armament Economy:</p> -<hr class='tbk681'/> -<p class='noindent'>“Norwegian industry, to the extent to which it does not -directly supply the population, is, in its essential branches, -of particular importance for the German war industry. That -is why its production must be put, as soon as possible, at the -disposal of the German armament industry, if this has not -already been done. This production consists mainly of intermediate -products, which require a certain amount of time -to be turned into useful products, and of raw materials which—such -as aluminum, for example—can be used while we -wait for our own factories, which are being built, to be in a -position to produce.</p> -<hr class='tbk682'/> -<p class='noindent'>“In this connection, above all, the following industrial -branches must be taken into consideration:</p> -<hr class='tbk683'/> -<p class='noindent'>“Mining plants for the production of copper, zinc, nickel, -titanium, wolfram, molybdenum, silver, pyrites.</p> -<hr class='tbk684'/> -<p class='noindent'>“Furnaces for the production of alumina, aluminum, copper, -nickel, zinc.</p> -<hr class='tbk685'/> -<p class='noindent'>“Chemical industries for the production of explosives, synthetic -nitrogen, calcium nitrate, superphosphate, calcium -carbide, and sodium products.</p> -<hr class='tbk686'/> -<p class='noindent'>“Armament industries, naval dockyards, power stations, -especially those which are supplying electric current to the -above-named industries.</p> -<hr class='tbk687'/> -<p class='noindent'>“The production capacities of these industries must be maintained -at the highest possible level for the duration of the -occupation.</p> -<hr class='tbk688'/> -<p class='noindent'>“A certain measure of assistance by the Reich will, at times, -be necessary to overcome industrial bottlenecks which are -to be expected on account of the cutting off of English and -overseas imports.</p> -<hr class='tbk689'/> -<p class='noindent'>“Of particular importance is the guaranteeing of raw -material industries which to a considerable part depend on -overseas imports.</p> - -<p class='noindent'>“For the moment it may be left undecided whether a future -supply of bauxite from the German stocks is necessary for -utilizing the capacities of the aluminum plants.”</p> - -</div> - -<p class='pindent'>As soon as the troops entered Norway, Germany issued notes of -the Reichskreditkasse which were legal tender only in Norway -and which could not be used in Germany. As in the other occupied -countries, this was a means of pressure to obtain financial -advantages, which were supposedly freely given by the brutally -enslaved countries. -<span class='pageno' title='543' id='Page_543'></span></p> - -<p class='pindent'>The Germans did their best to become masters of the means -of payment and of Norwegian credit by the two methods which -have become classic: Imposition of a veritable war tribute, on the -pretext of the maintenance of the army of occupation, and also the -working of a system of clearing to their profit.</p> - -<p class='pindent'>German seizure of the means of payment.</p> - -<p class='pindent'>First, indemnities for the maintenance of the army of occupation.</p> - -<p class='pindent'>At the beginning of the occupation, the Germans used for their -purchases notes of the Reichskreditkasse. The Norwegian holders -of this paper money used to change it at the Bank of Norway, -but this financial institution could not obtain from the Reichskreditkasse -any real equivalent. In July 1940 the Bank of Norway had -to absorb 135 million Reichsmark from the Reichskreditkasse. To -avoid losing control over monetary circulation, the Bank of -Norway was obliged to put the Norwegian notes at the disposal of -the Germans, who drew checks on the Reichskreditkasse which the -Bank of Norway was obliged to discount.</p> - -<p class='pindent'>The debit account of the Bank of Norway, following the German -levies, amounted to:</p> - -<p class='pindent'>1,450 million crowns at the end of 1940; 3,000 million crowns -at the end of 1941; 6,300 million crowns at the end of 1942; 8,700 -million crowns at the end of 1943; 11,676 million crowns at the -liberation of the country.</p> - -<p class='pindent'>All the Norwegian protests were in vain in the face of German -extortions. The constant threat of the new issuing of notes of the -Reichskreditkasse as instruments of obligatory payment beside the -Norwegian currency obliged the local financial authorities to accept -the system of levies on account, without actual cover, which was -less dangerous than the issuing of paper money over the circulation -of which the Norwegian administration had no power of control.</p> - -<p class='pindent'>This may be seen in particular from a secret letter sent on -17 June 1941 by General Von Falkenhorst, Commander-in-Chief in -Norway, to the Reich Commissioner, Reichsleiter Terbeven, a copy -of which was found not long ago in Norway and which I submit -to the Tribunal as Document Number RF-119. In this document, -after having stated that one could not reduce the expenses of the -Wehrmacht in Norway, Von Falkenhorst writes:</p> - -<div class='blockquote'> - -<p class='noindent'>“I am, however, of the opinion that the problem cannot be -solved at all in this manner. The only remedy is to abandon -completely the actual monetary system by introducing Reich -currency. But of course this does not come into my -domain. I regret, therefore, that I am not able to propose -any other remedies to you, although I am fully conscious of -the seriousness of the situation in which you find yourself.”</p> - -</div> - -<p class='pindent'><span class='pageno' title='544' id='Page_544'></span></p> - -<p class='pindent'>To the indemnities for the alleged maintenance of the army of -occupation must be added a sum of 3,600 million crowns paid by -the Norwegian Treasury for the billeting of German troops. This -information comes to us from a report from the Norwegian Government, -which I submit as Document Number RF-120.</p> - -<p class='pindent'>From the sum of approximately 12,000 million crowns levied -for the alleged maintenance of the occupation troops, a large part -was used for other purposes; for the police and propaganda, in particular, -the occupation spent 900 million crowns. This comes from a -second report of the Norwegian Government, which I submit as -Document Number RF-121.</p> - -<p class='pindent'>Secondly, clearing.</p> - -<p class='pindent'>The clearing agreement of 1937 for the barter of goods between -Norway and Germany remained in force during the occupation but -it was the Bank of Norway which had to advance the necessary -funds for the Norwegian exporters. The Germans also concluded -clearing agreements in the name of Norway with other occupied -countries, neutral countries, and with Italy.</p> - -<p class='pindent'>At the liberation, the credit balance of Norwegian clearing -amounted to 90 million crowns but this balance does not show the -actual situation. In fact:</p> - -<p class='pindent'>1) The imports destined to the German military needs in Norway -were handled through clearing in a very improper manner;</p> - -<p class='pindent'>2) For certain goods especially (pelts, furs, and fish) the Germans -had demanded that exportation should be made to the Reich. Then -they sold these products again in other countries, especially Italy -as far as fish was concerned;</p> - -<p class='pindent'>3) The Germans, who controlled the fixing of prices, systematically -raised the price of all products imported into Norway which, -moreover, were used for the greater part for the military needs of -the occupation. On the other hand, they systematically lowered -the prices of the products exported from Norway.</p> - -<p class='pindent'>In spite of all their efforts and sacrifices, and owing to the -fraudulent operations of the occupiers, the Norwegian authorities -could not prevent a very dangerous inflation.</p> - -<p class='pindent'>From the report of the Norwegian Government, which I submitted -under Document Number RF-120 a few moments ago, it is -seen that the paper currency which in April 1940 amounted to -712 million crowns, rose progressively to reach, on 7 May 1945, -3,039 million crowns. An inflation of this extent, resulting from -the activities of the occupiers, enables us to measure the impoverishment -of the country. The same report indicates that the Germans -did not manage to seize the gold of the Norwegian Bank, as that -had been hidden in good time. -<span class='pageno' title='545' id='Page_545'></span></p> - -<p class='pindent'>Let us now, Gentlemen, examine the levies in kind.</p> - -<p class='pindent'>The Germans proceeded, in Norway, to make numerous -requisitions which were or were not followed by so-called regular -payments. According to the report of the Norwegian Government, -here is the list of requisitioned goods: Meat, 30,000 tons; dairy -products and eggs, 61,000 tons; fish, 26,000 tons; fruit and vegetables, -68,000 tons; potatoes, 500,000 tons; beverages and vinegar, 112,000 -tons; fats, 10,000 tons; wheat and flour, 3,000 tons; other foodstuffs, -5,000 tons; hay and straw, 300,000 tons; other fodder, 13,000 tons; -soap, 8,000 tons.</p> - -<p class='pindent'>But this list which I have just read to the Tribunal includes -only the official purchases, which were made with Norwegian -currency and paid for through clearing; it does not include the -illicit purchases.</p> - -<p class='pindent'>At present, it is not yet possible to make estimates. As an -example, we can say, however, that the export of fish, most of -which went to Germany, for 1 year only (1942) came to about -202,400 tons, whereas the official requisitions during the whole -occupation amounted only to 26,000 tons.</p> - -<p class='pindent'>As in other occupied territories, the Germans forced the -continuation of work under threat of arrest.</p> - -<p class='pindent'>Most of the Norwegian merchant fleet escaped from the -Germans; nevertheless, they requisitioned all the ships they could, -especially most of the fishing boats.</p> - -<p class='pindent'>Even if the occupier could not seize all railway rolling stock, -trams, as well as about 30,000 motor vehicles, were transported to -Germany.</p> - -<p class='pindent'>If we refer to the report of 10 October 1944 of the German -Economic Service, which I submitted under Exhibit RF-116 -(Document Number EC-86), we will see that the writer of the -report himself estimates that the effort demanded from Norway -was beyond her possibilities; and he writes:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . Norwegian economy is especially heavily burdened by -the demands of the occupation Forces. For this reason the -cost of occupation had to be limited to cover only a part of -the expenses of the Wehrmacht. . . .”</p> - -</div> - -<p class='pindent'>After having mentioned that the cost of occupation which had -been collected up to January 1943 amounted to 7,535 million crowns, -which corroborates the data given by the Norwegian Government, -the writer of the German report says:</p> - -<div class='blockquote'> - -<p class='noindent'>“This sum of more than 5,000 million Reichsmark is, indeed, -very high for Norway. Much richer countries, as for example, -Belgium, pay hardly more, and Denmark does not even -supply half of this sum. These large payments can only be -<span class='pageno' title='546' id='Page_546'></span> -made possible by German additions. It is, therefore, not -surprising that the German-Norwegian trade is in Germany’s -favor—that is, it is subsidized. Norway, owing to her very -small population, can hardly put labor at the disposal of the -German war economy. She is, therefore, one of the few -countries which owe us certain amounts in clearing.”</p> - -</div> - -<p class='pindent'>Further on, the writer adds:</p> - -<div class='blockquote'> - -<p class='noindent'>“. . . If we deduct approximately 140 million Reichsmark from -the expenses of the occupation and the various credits -calculated above, we have Norwegian payments to the -still considerable amount of approximately 4,900 million -Reichsmark.”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: Perhaps that would be a good time to -break off.</p> - -<h3>[<span class='it'>The Tribunal recessed until 1400 hours.</span>]</h3> - -<hr class='pbk'/> - -<h2><span class='pageno' title='547' id='Page_547'></span><span class='it'>Afternoon Session</span></h2> - -<p class='pindent'>M. GERTHOFFER: I had the honor, this morning, of relating -to you how the occupiers were able to exact great quantities of the -means of payment from Norway. We shall now see, from the first -data which have been given us, the use to which the occupiers put -these means of payment.</p> - -<p class='pindent'>The Germans seized, as in the other occupied countries, considerable -private property on some pretext or other—property -belonging to Jews, Freemasons, or Scout associations. It has been -impossible, so far, to make a very exact evaluation of this spoliation. -We can therefore only give some indication from memory. According -to the report of the Norwegian Government, submitted under -Document Number RF-121, in 1941 the Germans seized all the radio -sets. . .</p> - -<p class='pindent'>THE PRESIDENT: Have you any evidence to support the facts -you are stating now?</p> - -<p class='pindent'>M. GERTHOFFER: This is based on information contained in -the report of the Norwegian Government which I have submitted -under Document Number RF-121.</p> - -<p class='pindent'>THE PRESIDENT: Yes.</p> - -<p class='pindent'>M. GERTHOFFER: According to that report, in 1941 the Germans -seized almost all the radio sets belonging to private individuals. -The value of these radio sets is approximately 120 million -kroner. The Germans imposed heavy fines on the Norwegian -communities under the most varied pretexts, notably Allied bombing -raids and acts of sabotage.</p> - -<p class='pindent'>In the report presented under Document Number RF-121 the -Norwegian Government gives two or three examples of these -collective fines: on 4 March 1941, after a raid on Lofoten, the -population of the small community of Ostvagoy had to pay 100,000 -kroner. Communities also had to support German families and -families of “Quislings.”</p> - -<p class='pindent'>On 25 September 1942, after a British raid on Oslo, one hundred -citizens were obliged to pay 3,500,000 kroner. In January 1941 -Trondheim, Stavanger, and Vest-Opland had to pay 60,000, 50,000, -and 100,000 kroner, respectively. In September 1941 the municipality -of Stavanger was obliged to pay 2 million kroner for an alleged -sabotage of telegraph lines. In August 1941 Rogaland had to pay -500,000 kroner, and Aalesund had to pay 100,000 kroner.</p> - -<p class='pindent'>It can thus be stated in principle that, by various procedures -which differed hardly from those employed in other countries, the -Germans during the occupation of Norway not only exhausted all -<span class='pageno' title='548' id='Page_548'></span> -the financial resources of that country but placed it considerably in -debt.</p> - -<p class='pindent'>It has not been possible to furnish a detailed account of German -extortions, whether made after requisitions, followed or not by -indemnities, or by purchase, apparently conducted by mutual -agreement fictitiously settled with those very means of payment -extorted from Norway.</p> - -<p class='pindent'>In the report which I have submitted under Document Number -RF-121, the Norwegian Government tabulated the damages and -losses suffered by its country. I shall give a summary of this table -to the Tribunal.</p> - -<p class='pindent'>The Norwegian Government estimates that the damages suffered -by industry and commerce amount to a total of 440 million kroner, -of which the Germans have paid, fictitiously of course, only 7 million -kroner; merchant vessels to the value of 1,733 million kroner, -for which Germany has made no settlement; damage to ports and -installations amounts to 74 million kroner, for which Germany has -settled fictitiously only to the extent of 1 million kroner; for -railroads, canals, airports, and their installations, the spoliation -represents the sum of 947 million, for which Germany has fictitiously -paid 490 million kroner; roads and bridges, 199 million kroner, for -which the settlement amounts to 67 million; spoliation of agriculture -reached 242 million kroner, of which only 46 million have been -settled; personal property, 239 million, of which nothing has been -settled; various requisitions, not included in the preceding categories, -amount to 1,566 million kroner, for which the occupier, fictitiously, -has settled up to the amount of 1,154 million kroner. The Norwegian -Government estimates that the years of man-labor applied to the -German war effort represent a sum of 226 million kroner. It estimates, -on the other hand, that the years of man-labor lost to the -national economy by deportation to Germany and forced labor by -the order of Germany amounts to 3,122 million kroner. Forced -payments to German institutions amount to 11,054 million kroner, -for which Germany has made no settlement whatsoever. The grand -total, according to the Norwegian Government, is 21,086 million -kroner, which represents 4,700 million dollars.</p> - -<p class='pindent'>Norway suffered particularly during the German occupation. -Indeed, though her resources are considerable, notably timber from -the forests, minerals such as nickel, wolfram, molybdenum, zinc, -copper, and aluminum, nevertheless Norway must import indispensable -food products for feeding her population.</p> - -<p class='pindent'>As the Germans had absolute control over maritime traffic, -nothing could come into Norway without their consent. They could -therefore, by pressure, as they had to do in France by means of -the line of demarcation between the two zones, impose their -<span class='pageno' title='549' id='Page_549'></span> -demands more easily. The rations, as fixed by the occupiers, were -insufficient to insure the subsistence of the Norwegian population. -The continued undernourishment over a period of years resulted -in very serious consequences: Disease multiplied, mortality likewise -increased, and the future of the population has been jeopardized -by the physical deficiencies of its younger element.</p> - -<p class='pindent'>These are the few observations which I had to make on the -subject of Norway. I shall, if the Tribunal will permit, now deal -with the part which relates to the Netherlands.</p> - -<p class='pindent'>Economic pillage of the Netherlands.</p> - -<p class='pindent'>In invading the Netherlands in contravention of all the principles -of the law of nations, the Germans installed themselves in a country -abundantly provided with the most varied wealth, in a country -in which the inhabitants were the best nourished of Europe and -which, in proportion to the population, was one of the wealthiest in -the world. The gold reserve of Holland exceeded the amount of -bills in circulation. Four years later when the Allies liberated that -country, they found the population afflicted by a veritable famine; -and apart from the destruction resulting from military operations, -a country almost entirely ruined by the spoliation of the occupation.</p> - -<p class='pindent'>The dishonest intentions of Germany appear in a secret report -by Seyss-Inquart on his governorship. This report, dating from -29 May to 19 July 1940, was discovered by the United States Army. -It has been registered under the number Document 997-PS, and I -submit it to the Tribunal as Exhibit Number RF-122. These are -the chief extracts from this report:</p> - -<div class='blockquote'> - -<p class='noindent'>“It was clear that with the occupation of the Netherlands -a large number of economic and also police measures had to -be taken, the first ones of which were for the purpose of -reducing the consumption of the population in order to obtain -supplies for the Reich, on the one hand, and to secure a just -distribution of the remaining supplies, on the other hand. -With regard to the task assigned, endeavors had to be made -for all these measures to bear the signature of Dutchmen. -The Reich Commissioner therefore authorized the Secretaries -General to take all the necessary measures through legal -channels.</p> -<hr class='tbk690'/> -<p class='noindent'>“In fact, to date, nearly all orders concerning the seizure -of supplies and their distribution to the population and all -decrees regarding restrictions on the moulding of public -opinion have been issued. But agreements concerning the -transport of extraordinarily large supplies to the Reich have -also been made, all of which bear the signatures of the Dutch -Secretaries General or the competent economic leaders, so that -all of these measures have the character of being voluntary. -<span class='pageno' title='550' id='Page_550'></span> -It should be mentioned in this connection that the Secretaries -General were told in the first conference that loyal co-operation -was expected of them, but that they were entitled -to resign if something should be ordered which they felt -they could not endorse. Up to date none of the Secretaries -General have made use of this privilege, so that one may -reasonably conclude that they have complied with all requests -of their own free will.</p> -<hr class='tbk691'/> -<p class='noindent'>“The seizure and distribution of food supplies and textiles -have been almost completed. At least all the appropriate -orders have been issued and are being executed.</p> -<hr class='tbk692'/> -<p class='noindent'>“A series of instructions concerning the reorientation of -agriculture have been issued and are being executed. The -essential point is to use the available fodder in such a way -that as large a stock as possible of horned cattle, about -80 percent, will be carried over into the next farming season, -at the expense of the disproportionately high stock of chickens -and hogs. Rules and restrictions have been introduced in the -organization of traffic, and the rationing of gasoline was -applied on the same lines as in the Reich.</p> -<hr class='tbk693'/> -<p class='noindent'>“Restriction of the right to give notice at work, as well as -to cancel leases, has been issued in order to curb the liberal -and capitalistic habits of the Dutch employers and to avoid -unrest. In the same way the terms for repayment of debts -have been extended under certain circumstances. . . .</p> -<hr class='tbk694'/> -<p class='noindent'>“. . . the ordinance concerning registration and control of -enemy property, as well as confiscation of the property of -persons who show hostility to the Reich and to Germans, -were issued in the name of the Reich Commissioner. On the -basis of this ordinance an administrator has already been -appointed for the property of the royal family.</p> -<hr class='tbk695'/> -<p class='noindent'>“Stocks of raw materials have been seized and, with the -consent of the General Field Marshal, distributed in such a -way that the Dutch have enough raw materials to maintain -their economy for half a year, so that they receive the same -allocation quotas as obtain in the Reich. The same principle -of equal treatment is being used in the supply of food, et -cetera. This enabled us to secure considerable supplies of -raw materials for the Reich, as for instance 70,000 tons of -industrial fats, which is about half the amount which the -Reich is lacking. Legislation concerning exchange has been -introduced on the same pattern as in the Reich.</p> -<hr class='tbk696'/> -<p class='noindent'>“Finally we succeeded in causing the Dutch Government to -supply all the amounts which the Reich and the German -<span class='pageno' title='551' id='Page_551'></span> -administration in the Netherlands need, so that these expenses -do not burden the Reich budget in any way.</p> -<hr class='tbk697'/> -<p class='noindent'>“Sums of guilders have been made available to redeem the -occupation marks to the amount of about 36 million; an -additional 100 million for the purposes of the occupation -army, especially for extension of the airports; 50 million -for the purchase of raw materials to be shipped to the Reich, -so far as they are not booty; and amounts to guarantee the -unrestricted transfer of the savings of the Dutch workers -brought into the Reich, to their families, <span class='it'>et cetera</span>. Finally, -the rate of exchange of the occupation marks, set at first by -the Army High Command in the proportion of 1 guilder to -1.50 Reichsmark, has been reduced to the correct proportion -of 1 guilder to 1.33 Reichsmark.</p> -<hr class='tbk698'/> -<p class='noindent'>“Above all, however, it was possible to obtain the consent -of the President of the Bank of The Netherlands, Trip, to a -measure suggested by Commissioner General Fischböck and -approved by the General Field Marshal, namely the unrestricted -mutual obligation of accepting each other’s currency. -That means that the Bank of The Netherlands is bound -to accept any amount of Reichsmark offered to it by the Reich -Bank and in return to supply Dutch guilders at the rate -of 1.33, that is, 1 Reichsmark equals 75 cents. The Reich -Bank alone has control in these matters, not the Bank of The -Netherlands, which will be notified only of individual transactions.</p> -<hr class='tbk699'/> -<p class='noindent'>“This ruling goes far beyond all pertinent rulings hitherto -made with the political economies of neighboring countries, -including the Protectorate, and actually represents the first -step towards a currency union. In consideration of the -significance of the agreement, which already affects the -independence of the Dutch State, it is of special weight that -the President of the Bank, Trip, who is very well-known in -western banking and financial circles, signed this agreement -of his own free will in the above sense.”</p> - -</div> - -<p class='pindent'>As you will see from the explanations which I shall have the -honor of submitting to you, it was chiefly in the Netherlands that -the Germans used all their ingenuity in extorting the means of -payment. This spoliation will form the subject of the first chapter.</p> - -<p class='pindent'>We shall then examine the use made by the occupiers of these -means of payment. In a second chapter we shall discuss the black -market; in a third, we shall consider the acquisition made in a -manner only outwardly regular; a fourth chapter will be devoted -to various kinds of spoliation. Finally, we shall touch upon the -chief consequences to the Netherlands of this economic pillage. -<span class='pageno' title='552' id='Page_552'></span></p> - -<p class='pindent'>Chapter 1, German seizure of means of payment.</p> - -<p class='pindent'>A.) Indemnity for occupation costs.</p> - -<p class='pindent'>I have already had the privilege, Gentlemen, of explaining under -what conditions and within what limit, by virtue of the Hague -Convention, the occupying power may raise contributions in money -for the maintenance of its army of occupation.</p> - -<p class='pindent'>I shall confine myself to reminding the Tribunal that these costs -which are charged to the occupied countries can include only the -costs of billeting, feeding, and possibly of paying those soldiers -strictly necessary for the occupation of territories.</p> - -<p class='pindent'>The Germans knowingly ignored these principles by imposing -upon the Netherlands the payment of an indemnity for the maintenance -of their troops which was far out of proportion to the needs -of the latter.</p> - -<p class='pindent'>According to information furnished by the Netherlands Government, -which is contained in three reports (the reports of Trip, -Hirschfeld, and the Minister of Finance) which I submit as Document -Number RF-123, the following sums were exacted on the pretext -of being indemnity for the maintenance of occupation troops: -1940 (7 months), 477 million guilders; 1941, 1,124 million guilders; -1942, 1,181 million guilders; 1943, 1,328 million guilders; 1944, -1,757 million guilders; 1945 (4 months only), 489 million guilders. -That makes a total of 6,356 million guilders.</p> - -<p class='pindent'>A sum as considerable as this constitutes a veritable war tribute -raised on the pretext of the maintenance of an army of occupation. -Germany thus fraudulently circumvented the regulations of the -Hague Convention to seize a considerable amount of means of -payment.</p> - -<p class='pindent'>B.) Clearing.</p> - -<p class='pindent'>In 1931 Germany, faced with economic and financial difficulties, -declared a general moratorium on her previous commitments. -Nevertheless, in order to be able to continue her foreign commercial -operations, she had concluded with most of the other countries, -notably with the Netherlands, agreements making possible the -settling of commercial debts and, to a certain extent, of financial -debts, on the basis of the exchange system called “clearing.”</p> - -<p class='pindent'>Before the war there existed on the Netherlands “clearing” an -excess of imports from Germany. But after the first months of -occupation there was, on the contrary, a considerable excess of -exports to Germany, whereas the receipts coming from that country -dropped perceptibly.</p> - -<p class='pindent'>From the month of June 1940 onward the Germans exacted from -the Dutch declarations of foreign currency, gold, precious metals, -securities, and foreign credits, as can be seen from the Ordinance -<span class='pageno' title='553' id='Page_553'></span> -of 24 June 1940, submitted as Document Number RF-95. Moreover, -the Dutch could, by virtue of the same ordinance, be obliged to -sell their stocks to the Bank of The Netherlands.</p> - -<p class='pindent'>The German Reich Commissioner, Seyss-Inquart, forced the -Bank of The Netherlands to make advances in guilders to maintain -equilibrium in clearing, since Germany could furnish no equivalent -in merchandise. On the other hand, it was decided that the clearing -system should be utilized for the delivery of merchandise as well -as for the payment of any debts.</p> - -<p class='pindent'>In fact the Germans could buy merchandise and transferable -securities in Holland without furnishing any equivalent. The credits -in marks of the Dutch sellers were blocked in the Bank of The -Netherlands which, on its part, had been obliged to make an -equivalent advance on the clearing exchange.</p> - -<p class='pindent'>To attempt to limit the fall of the Dutch account on the clearing -exchange, and to avoid the transfer by this means of guilders or -of transferable stock into Germany, on 8 October 1940, the Secretary -General of Netherlands Finance imposed a large tax on the marks -that were blocked on the clearing exchange.</p> - -<p class='pindent'>However, under date of 31 March 1941, the credit of the Netherlands -exceeded 400 million guilders, which in fact had been advanced -by the Netherlands Government. At this point the occupiers -demanded:</p> - -<p class='pindent'>1) That a sum of 300 million guilders be withdrawn from the -balance of 400 million and deposited in the German Treasury under -the heading of “Military Occupation Costs Incurred ‘Outside’ The -Netherlands,” and this was independent of payments already made -by that country for the occupation costs.</p> - -<p class='pindent'>2) By a decision of the Reich Commissioner, under date of -31 March 1941, reported in the <span class='it'>Verordnungsblatt</span> in France, Number -14, which I submit to the Tribunal as Document Number RF-124, -payment operations with the Reich were no longer to pass through -the clearing exchange but to be operated directly from bank to -bank, which would create direct credits of the Netherlands banks -on the German banks at the imposed exchange of 100 Reichsmark -for 75.36 guilders.</p> - -<p class='pindent'>3) By a decree of the same date, 31 March 1941, which I submit -as Document Number RF-125, the tax on blocked marks, created -on 8 October 1940 by the Netherlands authorities, was abolished.</p> - -<p class='pindent'>Faced with this situation, particularly dangerous to the Netherlands -treasury, Mr. Trip resigned his position as Secretary General -for Finance and President of The Netherlands Bank.</p> - -<p class='pindent'>The Reich Commissioner replaced him with Rost von Tonningen, -a notorious collaborator who complied with all the demands of the -occupying power. -<span class='pageno' title='554' id='Page_554'></span></p> - -<p class='pindent'>As the private banks were unwilling to keep credits in marks -at a rate very disadvantageous to the real parity of 100 Reichsmark -to 75.36 guilders, they transferred their credits in marks to the -Bank of The Netherlands. The credit account of the Institute of -Exports to Germany, through operations with that country, rose -considerably; while the credit balance as of 1 April 1941 amounted -to 235 million guilders, it was to rise by 1 May 1945, to 4,488 million -guilders.</p> - -<p class='pindent'>According to information given by the Netherlands Government, -this credit was accounted for by purchases of all kinds of merchandise -made by the Germans in Holland, of transferable stock or other -valuable papers, by payment of services imposed upon Dutch -enterprises, the wages of workers deported to Germany, and the -liquidation debts incurred by the occupiers.</p> - -<p class='pindent'>Apart from these two methods—indemnities for the occupation -troops and clearing—the Germans procured resources for themselves -in another way—by imposing collective fines, and this in -violation of the provisions of Article 50 of the Hague Convention.</p> - -<p class='pindent'>In the course of the occupation, under every pretext, the Germans -imposed, by way of reprisal or intimidation, considerable fines upon -the municipalities. These fines had to be paid by the inhabitants, -with the exception of persons of German nationality, members of -pro-Nazi associations (NSB, Waffen-SS, NSKK, Society for Technical -Aid Services of the Dutch-German cultural community), and persons -working for the Germans. According to information which has been -obtained up to the present, of only 62 municipalities the total fines -thus imposed amounted to a minimum of 20,243,024 guilders. This -is based on testimony of the Netherlands Government, which I -submit as Document Number RF-126.</p> - -<p class='pindent'>From the same testimony, in the archives forgotten by the -Germans at The Hague, there have been discovered two copies of -letters relative to these collective fines. According to the first of -these copies, which is a letter of 8 March 1941, collective fines -amounting to 18 million guilders had been raised at the beginning -of the year 1941. From the second, we learn that Hitler had given -the order to employ this sum for National Socialist propaganda in -the Netherlands. I quote:</p> - -<div class='blockquote'> - -<p class='noindent'>“Reich Commissioner, The Hague, 1808, 8 March 1941.</p> -<hr class='tbk700'/> -<p class='noindent'>“To Liaison Headquarters, Berlin, 1720 hours; to be submitted -immediately to Reichsleiter M. Bormann.</p> -<hr class='tbk701'/> -<p class='noindent'>“A sum of 18.5 million guilders representing contributions -exacted as reprisals from some Dutch cities, will arrive in -the next few days. The Reich Commissioner is inquiring -whether the Führer has earmarked this sum for a special -purpose or if it is to be used in the same way as the Führer -<span class='pageno' title='555' id='Page_555'></span> -has previously ordered in the case of confiscated enemy property. -At that time the Führer stipulated that these sums -should be spent in the Netherlands for the needs of the -community under the proper political considerations.</p> -<hr class='tbk702'/> -<p class='noindent'>“Heil Hitler!”—Signed—“Schmidt, Münster, Commissioner -General.”</p> - -</div> - -<p class='pindent'>This, then, is the translation of the answer, Document Number -RF-126:</p> - -<div class='blockquote'> - -<p class='noindent'>“Obersalzberg, 19 March 1941, 1000; Number 4.</p> -<hr class='tbk703'/> -<p class='noindent'>“Reichsleiter M. Bormann. . . .”</p> - -</div> - -<p class='pindent'>THE PRESIDENT: One moment! Some of the copies which you -have just submitted to us don’t seem to be accurate and the passage -which you have just been reading is omitted from some of them.</p> - -<p class='pindent'>[<span class='it'>Another copy of the document was presented to the President.</span>]</p> - -<p class='pindent'>I now have another copy of the document from which you have -read. The two copies which have been handed up are not identical.</p> - -<p class='pindent'>M. GERTHOFFER: The document has possibly been improperly -numbered. There are two documents, Number RF-126, which should -have been indicated as RF-126(1), and RF-126(2). The representative -of the Government of The Netherlands certifies the accuracy of the -translation of the first copy; and in the second RF-126 document -the same representative of the Netherlands Government certifies -the existence of the copy of the answer from the headquarters of -the Führer.</p> - -<p class='pindent'>THE PRESIDENT: The first document is the one you have just -read out. The second document begins with the words, “J’ai soumis -aujourd’hui.” Is that the second document to which you are -referring?</p> - -<p class='pindent'>M. GERTHOFFER: It is the second document.</p> - -<p class='pindent'>THE PRESIDENT: Could we see the originals? They are two -different documents, are they? But they both begin in exactly the -same way.</p> - -<p class='pindent'>M. GERTHOFFER: The two documents have been submitted -by the Netherlands Government. The representative of the Government -of The Netherlands who has delivered them certifies that -these two documents were found in the Netherlands among German -papers.</p> - -<p class='pindent'>THE PRESIDENT: Yes. Go on.</p> - -<p class='pindent'>M. GERTHOFFER: The Dutch Government was obliged to make -important payments into the German account; and in the reports -submitted as Document Number RF-123, it is clearly stated that: -<span class='pageno' title='556' id='Page_556'></span></p> - -<p class='pindent'>1) The Germans required that a sum of 300 million guilders, -which was written to the credit of the Bank of The Netherlands, -be used for the needs of their army of occupation outside the Netherlands -and that a sum of 76 million guilders in gold be deposited for -the same use. The total which the Netherlands had to pay under this -pretext, namely, the maintenance of armies of occupation in other -countries, was 376 million guilders.</p> - -<p class='pindent'>2) From June 1941 on, the Netherlands was obliged to pay, as -a contribution to the expenses of the war against Russia, a monthly -sum of 37 million guilders, of which a part was payable in gold. -The total of the sum that Germany raised under this heading is -1,696 million guilders.</p> - -<p class='pindent'>3) The Bank of The Netherlands was obliged to undertake the -redemption of Reichskreditkasse notes to the sum of 133 million -guilders.</p> - -<p class='pindent'>4) The costs of the civilian German government in Holland were -charged to that country and amounted to 173 million guilders.</p> - -<p class='pindent'>5) The Dutch Treasury was, moreover, obliged to pay 414 million -guilders to the Reich account, covering divers expenses, such as -wages of Dutch workers deported to Germany, the costs of -evacuation of certain regions, costs of the demolition of fortifications, -so-called costs for guarding railroads, funds placed at the disposal -of the Reich Commissioner, and for various industries utilized -by the Germans.</p> - -<p class='pindent'>6) The Germans in July 1940 seized 816 bars of gold bullion -belonging to the Bank of The Netherlands, which were in the -wreck of a Dutch ship sunk at Rotterdam, which represented, -including costs of recovery, 21 million guilders.</p> - -<p class='pindent'>7) The Government of The Netherlands was obliged to bear -annual expenses of 1,713 million guilders to assure the financing -of new administrative services imposed on Holland by the -occupying power.</p> - -<p class='pindent'>In this way, Holland lost 8,565 million guilders. Altogether, -including the raising of the gold from a ship sunk in the Meuse, -the payments actually made to Germany amount to 11,380 million -guilders. If these costs are added to the costs of occupation and -clearing, the total of the financial charges imposed on Holland -during the occupation amounts to the sum of 22,224 million -guilders.</p> - -<p class='pindent'>These operations had serious consequences for the economy -of the Netherlands. Indeed, the gold supply, which on 1 April 1940 -amounted to 1,236 million guilders, had, by 1 April 1945, fallen -to 932 million guilders, owing to German levies. -<span class='pageno' title='557' id='Page_557'></span></p> - -<p class='pindent'>The paper money in circulation, on the contrary, had risen -from 1,127 million guilders on 1 April 1940, to 5,468 million guilders -on 1 April 1945.</p> - -<p class='pindent'>When the Germans occupied the Netherlands, a great portion -of the gold of the Bank of The Netherlands had been sent abroad.</p> - -<p class='pindent'>However, the Germans, under various pretexts, seized all the -gold that was found in the vaults of the bank. I recall that, under -the heading of indemnity for occupation, they collected 75 million -gold guilders; and for the forced contribution of the Netherlands -in the war against Russia, they demanded about 14.4 million gold -guilders.</p> - -<p class='pindent'>Rost von Tonningen, Secretary General of Finance and President -of the Bank of The Netherlands, appointed by the Germans, wrote -on 18 December 1943 to the Reich Commissioner that there had -not been any gold in Holland since the preceding March. The -copy of this letter is submitted as Document Number RF-127.</p> - -<p class='pindent'>A document discovered by the United States Army, listed under -Number ECR-174, which I submit as Exhibit Number RF-128, -consists of a report of the Commissioner of the Bank of The Netherlands -of 12 June 1941. It, too, states that the gold reserve of the -Bank of The Netherlands amounted, on 12 June 1941, to 1,021.8 -million guilders, of which only 134.6 million guilders were in -Holland, the rest being either in England, South Africa, or the -United States. The same report specifies that all the gold in -Holland had been removed.</p> - -<p class='pindent'>Not only did the Germans seize the gold of the Bank of The -Netherlands, but they also made requisitions of the gold and other -means of foreign payment in the possession of the population. The -occupying power obliged private individuals to deposit gold which -was in their possession with the Bank of The Netherlands, after -which this gold was requisitioned and handed over to the Reichsbank. -A sum of approximately 71.3 million guilders was paid in -this way to the public in exchange for the requisitioned gold.</p> - -<p class='pindent'>In the same way also the Germans bought from the public -various foreign stocks to a sum of 13,224,000 guilders, and Swedish -Government securities to a sum of 4,623,000 guilders.</p> - -<p class='pindent'>With important financial means which they had at their disposal, -the Germans proceeded to make large purchases in Holland. Such -purchases, made with funds extorted from the Netherlands, cannot -be considered as having been made in exchange for a real -equivalent, but realized only by fictitious payments.</p> - -<p class='pindent'>The Germans, in addition to numerous cases of requisitions -which were followed by no kind of settlement, proceeded to illicit -purchases on the black market and purchases outwardly regular. -<span class='pageno' title='558' id='Page_558'></span> -They thus procured a quantity of things of all kinds, leaving to -the population only a minimum of products insufficient to insure -their vital needs.</p> - -<p class='pindent'>In the second chapter of this presentation we shall examine the -illicit purchases on the black market; and in a third chapter, the -purchases that were carried out in seemingly regular ways.</p> - -<p class='pindent'>Chapter 2, the black market.</p> - -<p class='pindent'>As in all other occupied countries, in Holland the Germans seized -considerable quantities of merchandise on the black market, in -violation of the legislation on rationing which they themselves had -imposed.</p> - -<p class='pindent'>It has not been possible, in view of the clandestine nature of -the operations, to determine even approximately the quantities of -all kinds of objects which the Germans seized by this dishonest -means. However, the secret report of the German Colonel Veltjens, -which I had the honor of submitting this morning under Exhibit -Number RF-112 (Document Number PS-1765) gives us for a period -of 5 months, from July to the end of November, some indications of -the scope of the German purchases. I quote a passage from the -Veltjens report:</p> - -<div class='blockquote'> - -<p class='noindent'>“In the Netherlands, since the beginning of the action, the -following purchases were made and paid for by ordinary -bank remittances: Non-ferrous metals, 6,706,744 Reichsmark; -textiles, 55,285,568 Reichsmark; wool, 753,878 Reichsmark; -leather, skins, and hides, 4,723,130 Reichsmark; casks, 254,982 -Reichsmark; furniture, 272,990 Reichsmark; food and comestibles, -590,859 Reichsmark; chemical and cosmetic products, -152,191 Reichsmark; various iron and steel wares, 3,792,166 -Reichsmark; rags, 543,416 Reichsmark; motor oil, 52,284 -Reichsmark; uncut diamonds, 25,064 Reichsmark; sundries, -531,890 Reichsmark. Total: 73,685,162 Reichsmark.”</p> - -</div> - -<p class='pindent'>These purchases were paid for by checks on the banks. A large -quantity of other merchandise, the amount of which it has not been -possible to determine, was paid for by cash with guilders coming -from the so-called occupation indemnity.</p> - -<p class='pindent'>THE PRESIDENT: We will adjourn now for 10 minutes.</p> - -<h3>[<span class='it'>A recess was taken.</span>]</h3> - -<p class='pindent'>M. GERTHOFFER: In Chapter 3, which deals with the economic -plundering of the Netherlands, we will treat the question of -purchases of apparent regularity from information provided for us -by the Government of The Netherlands.</p> - -<p class='pindent'>Industrial production. -<span class='pageno' title='559' id='Page_559'></span></p> - -<p class='pindent'>From testimony given by the representative of the Dutch -Government, which I submit as Document Number RF-129, it is -clear that the Germans utilized to their own profit the greater part -of the industrial potential of the Netherlands; all important stocks -which were in the factories were thus absorbed. The value of these -stocks was not less than 800 million guilders. Moreover, the -occupants proceeded to the removal of a large amount of machinery. -In certain cases these requisitions were not even followed by -fictitious settlements. It has not yet been possible to establish a -balance sheet of these spoliations, which often included all the -machinery of an industry.</p> - -<p class='pindent'>As an example, we may indicate that on a requisition order of -4 March 1943, coming from the Reich Commissioner, all the -machinery and technical equipment, including the drawings and -blueprints of all the workshops and accessories of the blast -furnaces of an important factory, were removed without any -indemnity and transported to the vicinity of Brunswick for the -Hermann Göring Works. This is shown in the document I submit -as Document Number RF-130.</p> - -<p class='pindent'>The Germans had set up in all the occupied countries a certain -number of organizations charged specially with the pillaging of -machines. They had given them the name of Machine Pool Office. -These organizations, which were under the armament inspection, -received demands from German industry for means of production -and had to fulfill these demands by requisitions on the occupied -countries.</p> - -<p class='pindent'>Moreover, groups of technicians were charged with locating, -dismantling, and transporting the machinery to Germany. The -organization of these official groups of pillagers can be learned -from German documents which are to be brought to your attention -when the special case of Belgium will be outlined to you.</p> - -<p class='pindent'>We learn from the report of 1 March 1944, addressed to the -military commandant, that the Machine Pool Office of The Hague -could satisfy only a small proportion of the demands. Thus, under -date of 1 January 1944, these demands totalled 677 million Reichsmark, -whereas in the month of January only 61 million marks -worth of machinery had been delivered as against the new demands -of 87 million which made a total demand for machinery of -703 million Reichsmark at the end of January 1944. This is shown -in a document submitted as Document Number RF-131.</p> - -<p class='pindent'>Before leaving the Netherlands the Germans effected large-scale -destruction with a strategic aim, so they said, but above all with -the desire to do damage. When they demolished factories, they -removed beforehand and transported to Germany the machinery -<span class='pageno' title='560' id='Page_560'></span> -which they could dismantle, as well as the raw materials. They -acted in this manner particularly with respect to the Phillips -factories in Eindhoven, Hilversum, and Bussum; the oil dumps of -Amsterdam and Pernes; the armament factories of Breda, Tilburg, -Berg-op-Zoom, and Dordrecht. These facts are dealt with in the -report of the economic officer attached to the German military -commander in Holland, under date of 9 October 1944, which I -submit as Document Number RF-132.</p> - -<p class='pindent'>The same report gives some information on the organization of -German looters specialized in the removal of machinery. I give -here some extracts:</p> - -<div class='blockquote'> - -<p class='noindent'>“The Phillips Works at Eindhoven was the first and the most -important military objective to be dealt with.”</p> - -</div> - -<p class='noindent'>A little farther on the writer continues:</p> - -<div class='blockquote'> - -<p class='noindent'>“Before the invasion by the enemy we succeeded in destroying -these important continental works for the manufacture -of radio valves, lamps, and radio apparatus. This was done -after Volunteer Commando 7”—Fwi.Kdo. 7—“had previously -removed the most valuable metals and special machines.”</p> - -</div> - -<p class='noindent'>Farther on he writes:</p> - -<div class='blockquote'> - -<p class='noindent'>“Already on 7 September a commando unit transported in -trucks to the Reich most important non-ferrous metals -(wolfram, manganese, copper) and very valuable apparatus -from the Phillips Works. Volunteer Commando 7 continued -to participate in the transfer of finished and semi-finished -products as well as machines from the Phillips Works. Due -to the enemy’s occupation of Eindhoven, the removal came -to a stop. Then the clearing out of the branch factories of -Phillips at Hilversum and Bussum took place. Here it was -possible to remove completely all stocks of non-ferrous metal -products, finished and semi-finished goods, machinery, and -blueprints and designs necessary for production.</p> -<hr class='tbk704'/> -<p class='noindent'>“At the same time removal commandos were detailed to the -heads of the various provincial branch offices under the -representative of the Reich Ministry of Armaments and War -Production in the Netherlands.</p> -<hr class='tbk705'/> -<p class='noindent'>“In agreement with the forementioned services and the -competent civil offices, these commandos carried through the -removal of important raw materials and products, as well -as machinery. Through the unswerving and commendable -zeal of officers, officials, Sonderführer, and enlisted men it -was possible, during the month of September, to remove to -the Reich considerable stocks of raw materials and products -<span class='pageno' title='561' id='Page_561'></span> -and to supply the troops with useful material. This action -was initiated and directed in the western and southern -districts of the Netherlands by the officer in charge of -volunteers in the Netherlands.”</p> - -</div> - -<p class='noindent'>Then the writer ends, by saying:</p> - -<div class='blockquote'> - -<p class='noindent'>“For the task of evacuation and for the preparation of the -ARLZ measures within the area of 15th Army Command, -a squad under the command of Captain Rieder was detached -by Volunteer Commando 7 which also had to act as liaison -with the quartermaster staff of the 15th Army Command. -In this case, too, in close co-operation with the civil officers -and Department IVa of 15th Army Command, good work -was done by the removal of raw materials and scarce goods -as well as machinery. These actions commenced only at the -end of the month covered by this report.”</p> - -</div> - -<p class='pindent'>Requisition of raw materials.</p> - -<p class='pindent'>Together with the removal of machinery the Government of -The Netherlands gives us exact figures on the stocks of raw -materials and manufactured articles. Apart from the stocks located -in the factories, the Germans acquired considerable quantities of -raw materials and manufactured articles amounting to not less -than 1,000 million guilders. This evaluation does not include the -destruction resulting from military operations, which ranges around -300 million guilders.</p> - -<p class='pindent'>Agriculture.</p> - -<p class='pindent'>The Germans proceeded to make requisitions and wholesale -purchases of agricultural produce and livestock. A final estimate -of these requisitions, amounting to a minimum of 300 million -guilders, is as yet impossible. To give an idea of their magnitude -we point out that at the end of the year of 1943 the Germans had -seized 600,000 hogs, 275,000 cows, and 30,000 tons of preserved -meats, as is given in the testimony of the representative of -the Netherlands Government, which I submit as Document -Number RF-133.</p> - -<p class='pindent'>In passing, we point out—although this question will be taken -up again by my colleague in his presentation of war crimes against -persons—that on 17 April 1944, without any apparent strategic -reason, 20 hectares of cultivated lands were flooded at Wieringermeer.</p> - -<p class='pindent'>Transport and communications.</p> - -<p class='pindent'>The Germans made enormous requisitions of transport and -communication material. It is not yet possible to draw up an exact -inventory of them. Nevertheless, the information given by the -Netherlands Government makes it possible to form an idea of the -magnitude of these spoliations. -<span class='pageno' title='562' id='Page_562'></span></p> - -<p class='pindent'>I submit as Document Number RF-134 information given by the -representative of the Netherlands Government concerning transport -and communication. This is a summary of it:</p> - -<p class='pindent'>(a) Railways—of 890 locomotives, 490 were requisitioned; of -30,000 freight cars, 28,950 were requisitioned; of 1,750 passenger -cars, 1,446 were requisitioned; of 300 electric trains, 215 were -requisitioned; of 37 Diesel-engine trains, 36 were requisitioned. In -general, the little material left by the Germans was badly damaged -either by wear and tear, by military operations, or by sabotage. -In addition to rolling stock, the Germans sent to the Reich considerable -quantities of rails, signals, cranes, turntables, repair cars, -<span class='it'>et cetera</span>.</p> - -<p class='pindent'>(b) Tramways—the equipment was removed from The Hague -and Rotterdam to German cities. Thus, for example, some 50 tramcars -with motors and 42 trailers were sent to Bremen and Hamburg. -A considerable amount of rails, cables, and other accessories were -removed and transported to Germany. The motor buses of the -tramway companies were likewise taken by the occupying power.</p> - -<p class='pindent'>(c) The Germans seized the greater part of the motorcars, motorcycles, -and about 1 million bicycles. They left the population only -those machines which would not run.</p> - -<p class='pindent'>(d) Navigation—the Germans seized a considerable number of -barges and river boats, as well as a considerable part of the -merchant fleet, totalling about 1.5 million tons.</p> - -<p class='pindent'>(e) Postal equipment—the Germans seized a large quantity of -telephone and telegraph apparatus, cables, and other accessories, -which has not yet been computed; 600,000 radio sets were -confiscated.</p> - -<p class='pindent'>I now come to Chapter 49, miscellaneous spoliation.</p> - -<p class='pindent'>Forced labor demanded by the occupier.</p> - -<p class='pindent'>From information given by the Netherlands Government, which -I submit as Document Number RF-135, a great number of Dutch -workers were obliged to work either in Holland or in Germany. -About 550,000 were deported to the Reich, which represents a -considerable number of hours of work lost to the national production -of the Netherlands.</p> - -<p class='pindent'>Plunder of the royal palaces.</p> - -<p class='pindent'>The furniture, private archives, stable equipment and carriages, -and wine cellars of the royal house were plundered by the Germans. -In particular, the Palace of Noordeinde was completely -looted of its contents, including furniture, linen, silverware, -paintings, tapestries, art objects, and household utensils. A certain -number of similar objects were removed from the Palace of Het Loo -and were to be used in a convalescent home for German generals. -<span class='pageno' title='563' id='Page_563'></span></p> - -<p class='pindent'>The archives of the royal family likewise were stolen. This is -shown by a report given by the representative of the Netherlands -Government, which I submit as Document Number RF-136.</p> - -<p class='pindent'>Pillage of the city of Arnhem.</p> - -<p class='pindent'>Besides numerous cases of individual looting, which are not -dealt with in this present statement, there was a systematically -organized pillage of entire cities. In this manner the town of -Arnhem was despoiled in October and November 1944. The -Germans brought in miners from Essen who, under military orders, -proceeded in specialized gangs to dismantle all the removable -furniture and send it and objects of all kinds to Germany. This -is shown in the testimony given by the representative of the Netherlands -Government, which I submit as Document Number RF-137.</p> - -<p class='pindent'>The consequences of economic plundering in the Netherlands are -considerable. We shall just mention that the enormous decrease -of the national capital will result in production being below the -needs of the country for many years yet to come. But the gravest -consequence is that affecting the public health, which is irreparable.</p> - -<p class='pindent'>The excessive rationing, over many years, of food, clothing, and -fuel, ordered by the occupiers to increase the amount of spoliation, -has brought about an enfeeblement of the population. The average -calorie consumption by the inhabitant, which varied between 2,800 -and 3,000, dropped in large proportions to about 1,800 calories, -finally to fall even to 400 calories in April 1945.</p> - -<p class='pindent'>Starting from the summer of 1944, the food situation became -more and more serious. The Reich Commissioner, Seyss-Inquart, -forbade the transport of foodstuffs between the western and -northern zones of the country. This measure, which was not -justified by any military operations, seems only to have been -dictated by hatred for the population, only to persecute and -intimidate them, to weaken and terrorize them.</p> - -<p class='pindent'>Not until about December 1944 was this inhuman measure -lifted; but it was too late. Famine had already become general. -The death rate in the cities of Amsterdam, Rotterdam, The Hague, -Leyden, Delft and Gouda increased considerably, rising from 198 -to 260 percent. Diseases which had almost been eliminated from -these regions reappeared. Such a situation will have irreparable -consequences for the future of the population. These facts are -given in two reports which I submit as Documents Numbers -RF-139 and 140.</p> - -<p class='pindent'>By ordering such severe rationing measures in order to get for -themselves products which were indispensable to the existence of -the Netherlands, which is contrary to all principles of international -law, I may say that the German leaders committed one of their -gravest crimes. -<span class='pageno' title='564' id='Page_564'></span></p> - -<p class='pindent'>My statements concerning Holland are concluded. My colleague, -M. Delpech, will now state the case for Belgium.</p> - -<p class='pindent'>M. HENRY DELPECH (Assistant Prosecutor for the French -Republic): Mr. President, Gentlemen, I have the honor of presenting -to the Tribunal a statement on the economic plundering of Belgium.</p> - -<p class='pindent'>As early as 1940 the National Socialist leaders intended to -invade Belgium, Holland, and northern France. They knew that -they should find there raw materials, equipment, and the factories -which would enable them to increase their war potential.</p> - -<p class='pindent'>As soon as Belgium had been occupied, the German military -administration did its best to reap the maximum benefit. To this -end the German leaders took a series of measures to block all -existing resources and to seize all means of payment. Important -supplies built up during the years 1936 to 1938 were the object -of enormous requisitions. The machines and equipment of -numerous enterprises were dismantled and sent to Germany, -bringing about the closing down of numerous factories and in many -sectors an enforced consolidation.</p> - -<p class='pindent'>Given the highly industrial character of this country, the occupying -authorities imposed, under threats of various kinds, a very -heavy tribute upon Belgian industries. Nor was agriculture spared.</p> - -<p class='pindent'>The third part of the French economic exposé deals with a study -of all these measures. This will be the subject of four chapters.</p> - -<p class='pindent'>Chapter 1 deals with the German seizure of the means of payment. -The second chapter will be devoted to clandestine purchases -and an account of the black market. Chapter 3 will deal with -purchases of apparent regularity while the fourth chapter will -concern impressment.</p> - -<p class='pindent'>In a fifth chapter the acquisition of Belgian investments in -foreign concerns will be presented to the Tribunal, before concluding -and emphasizing the effect of the German intrusion on the -public health. Finally, a few remarks will be presented concerning -the conduct of the Germans after they had annexed the -Grand Duchy of Luxembourg.</p> - -<p class='pindent'>Chapter 1, German seizure of means of payment.</p> - -<p class='pindent'>To enslave the country from an economic point of view, the -most simple procedure was to secure the possession of the greater -part of the means of payment and to make impossible the export -of currency and valuables of all kinds.</p> - -<p class='pindent'>There is an ordinance of 17 June 1940 which forbids the export -of currency and valuables of all kinds. This ordinance was published -in the <span class='it'>Verordnungsblatt</span> for Belgium, Northern France, and Luxembourg -and will hereafter be called by its usual abbreviated form -VOBEL. This ordinance was published in VOBEL, Number 3, and -<span class='pageno' title='565' id='Page_565'></span> -was submitted under Document Number RF-99. In the VOBEL of -the same day appeared a notice dated 9 May 1940, which regulated -the issuing of Reichskreditkasse notes to provide the occupation -troops with legal tender. By this means the Germans made possible -the buying, without supplying any equivalent, all they desired in -a country abounding with products of all kinds, without the -inhabitants being able to protect their possessions against the -invader.</p> - -<p class='pindent'>The occupier used, in addition, three other methods for securing -the greater part of the means of payment. These three methods -were: The creation of an issuing bank, the imposition of war -tribute under the pretext of maintaining occupation troops, and the -working of a system of clearing to their profit alone. These -measures will be fully dealt with in three sections which now -follow.</p> - -<p class='pindent'>Establishment of an issuing bank.</p> - -<p class='pindent'>As soon as they arrived in Belgium the Germans established an -office for supervising banks, which was entrusted at the same time -with the control of the National Bank of Belgium. This was ordered -on 14 June 1940—VOBEL, Number 2, which is submitted as Document -Number RF-141.</p> - -<p class='pindent'>At this time the directorate of the National Bank of Belgium was -outside the occupied territories; but the amount of notes on hand -would have been insufficient to insure normal circulation, as a great -number of Belgians had fled before the invasion, taking with them -a large quantity of paper money. These are, at least, the reasons -which the Germans put forward for establishing an issuing bank -by the ordinance of 27 June 1940, published in VOBEL, Numbers 4 -and 5, which I submit as Document Number RF-142.</p> - -<p class='pindent'>By virtue of this last ordinance, 27 June 1940, the new issuing -bank with a capital of 150 million Belgian francs, 20 percent of -which had been issued in coin, received the monopoly for issuing -paper money in Belgian francs. As a matter of fact, the National -Bank of Belgium no longer had the right to issue money. The -cover of the issuing bank was not represented by a gold balance -but: 1) by credits from discount operations and loans granted in -conformity with Article 8 of the new statutes; 2) monies owed to -the National Bank of Belgium, as well as coin which was in -circulation for the account of the public treasury; 3) finally, the -third means of cover—foreign currency and francs, particularly -German money, including Reichskreditkasse notes as well as assets -at the Reichsbank, at the Office of Compensation for the Reich, and -the Reichskreditkasse.</p> - -<p class='pindent'>The German Commissioner who had been appointed by a decree -of 26 June 1940 became the controller of the issuing bank—decree -<span class='pageno' title='566' id='Page_566'></span> -of 26 June 1940, published in VOBEL, Number 3, Page 88, and -submitted as Document Number RF-143.</p> - -<p class='pindent'>After the return to Belgium of the directors of the National -Bank, on 10 July 1940, an agreement between this bank and the -new issuing bank was effected by the nomination of the head of -the new issuing bank to the position of director of the National -Bank of Belgium.</p> - -<p class='pindent'>The issuing bank proceeded to put out a large amount of notes, -so much so that on 8 May 1940 the currency in circulation amounted -to 29,800 million Belgian francs. On 29 December 1943 it amounted -to 83,200 million Belgian francs, and on 31 August 1944 it was -100,200 million Belgian francs, that is to say, an increase of 236 -percent.</p> - -<p class='pindent'>The issuing bank functioned; but not without certain difficulties, -either with the military command, its own staff, or with the -National Bank of Belgium. Actually, besides its function of issuing, -the new bank had as a principal function operations relating to -postal orders and to currency, as well as operations with German -authorities, notably as concerned the occupation indemnity and, -above all, clearing.</p> - -<p class='pindent'>The National Bank of Belgium lost its right to issue paper -money but resumed its traditional operations for private as well -as state accounts, particularly transactions on the open market.</p> - -<p class='pindent'>These data, Gentlemen, are corroborated by the final report of -the German military administration in Belgium, ninth part, dealing -with currency and finance. This final report of the German military -administration in Belgium was discovered by the United States -Army, and it is a document to which we shall refer many times. -It is Document Number ECH-5 and is submitted to the Tribunal -as Exhibit Number RF-144.</p> - -<p class='pindent'>The ninth part, which is of interest here, was written by three -chiefs of the administration section of Brussels: Wetter, Hofrichter, -and Jost.</p> - -<p class='pindent'>In spite of the establishment of the issuing bank, Reichskreditkasse -notes were valid in Belgium until August 1942; but it was -the National Bank of Belgium that was obliged to absorb these -notes in September 1944, and on account of this, Belgian economy -suffered a loss of 3,567 million Belgian francs. This number is given -by Wetter in the foregoing report, Page 112, the excerpt of the -report being submitted as Document Number RF-145.</p> - -<p class='pindent'>Moreover, from information given by the Belgian Government, -the issuing bank had in hand at the moment of liberation of the -territory a sum totalling 644 million in Reichskreditkasse notes; and -further, it had assets in a transfer account of 12 million Reichsmark -on the books of the Reichskreditkasse, that is to say, a total loss -<span class='pageno' title='567' id='Page_567'></span> -of 656 million Belgian francs—the figure given in a report of the -Belgian Government, which is submitted as Document Number -RF-146.</p> - -<p class='pindent'>Occupation costs.</p> - -<p class='pindent'>Let us now take the occupation costs. Article 49 of the Hague -Convention stipulates that if the occupier makes a levy in money, -it will be only for the needs of the army of occupation or for the -administration of the territory. The occupier can, therefore, impose -a tax for the maintenance of his army; but this must not exceed -the effective force strictly necessary. On the other hand, the words -“needs of the army of occupation” do not mean the expenses of -armament and equipment but solely the costs of billeting, food, and -normal pay, which excludes, in all cases, luxury expenses.</p> - -<p class='pindent'>Moreover, Article 52 authorizes the occupying authority to exact, -for the use of its army, requisitions in kind and in service on the -express condition that they shall be proportionate to the resources -of the country and that they should not involve the population -with the obligation to take part in military operations against their -own country. The same Article 52 stipulates, moreover, that levies -in kind will be, as far as possible, paid in cash.</p> - -<p class='pindent'>Consequently the Germans exacted a monthly indemnity of -1,000 million up to August 1941. On that date the indemnity was -increased to 1,500 million per month. By the end of August 1944, -the payments under that designation totaled 67,000 million Belgian -francs. This number cannot be contested by the Defense, since in -the report quoted, Pages 103 and following, the said Wetter wrote -in June 1944 that the total sum of Belgian francs paid for the army -of occupation was 64,181 million—the passage in the report is -submitted as Document Number RF-147.</p> - -<p class='pindent'>But this sum of 64,000 million was completely disproportionate -to the needs of the occupying army. This is shown in the report -of Wetter, in a passage which is submitted as Exhibit Number -RF-148. On Page 245 of this report it is said that on 17 January -1941 the general who was Commander-in-Chief in Belgium had -asked the High Command of the Army if the indemnity covered -only the expenses of occupation. This point of view was not -accepted by the commanding general, who, by order of 29 October -1941, specified that the indemnity of occupation was to be used not -only for the needs of the occupying army but also for those of the -operating armies. Moreover, on Page 11 of the original German -text of the same report it is written—and I shall read to the -Tribunal an excerpt which will be found in the document book -under Document Number RF-149, the second paragraph:</p> - -<div class='blockquote'> - -<p class='noindent'>“As the increase in the expenses of the Wehrmacht made it -clear that it would be impossible to manage with this amount, -<span class='pageno' title='568' id='Page_568'></span> -the military administration demanded that the calculation of -the occupation costs should be straightened out by deducting -all expenses foreign to the occupation proper. This concerned -especially the larger purchases of all kinds which the military -services made in Belgium, such as horses, motor vehicles, -equipment, all of which was designated for other territories -and was written off as occupation costs.</p> -<hr class='tbk706'/> -<p class='noindent'>“By a decision of the Delegate for the Four Year Plan, dated -11 June 1941, the financing of other than true occupation -costs was to be met by clearing. To comply with this decree, -beginning in July 1941, the administration of the military -commander ordered a monthly report to be rendered of all -expenses other than those required for the occupation but -which so far had been paid under the account of occupation -costs, in order to have these expenses refunded through -clearing. Thanks to this, large sums could be recovered and -put into the account of occupation costs.”</p> - -</div> - -<p class='pindent'>Before concluding the examination of this point concerning war -tribute, that tribute called occupation costs, it is necessary to point -out that the Germans had already demanded, by the decree of -17 December 1940, submitted as Document Number RF-150, that -the costs of billeting their troops should be charged to Belgium. -Owing to this, the country had to meet expenses totalling 5,900 -million francs, which went for billeting German troops, costs of -installation, supplies, and furniture.</p> - -<p class='pindent'>In his report Wetter writes on Page 104—the excerpt submitted -as Document Number RF-147—that at the end of June 1944 the -Belgian payments for billeting troops totalled 5,423 million francs.</p> - -<p class='pindent'>Clearing.</p> - -<p class='pindent'>We now come to the third part of German plundering—clearing. -The issuing of Reichskreditkasse notes and the war tribute, called -“occupation costs,” were not sufficient for Germany. Her leaders -created a system of clearing which enabled them to procure, unduly, -means of payment totalling 62,200 million Belgian francs.</p> - -<p class='pindent'>As soon as they arrived in Belgium, by the decrees of 10 July, -2 August, and 5 December, 1940—which appear in the document -book under the Numbers RF-151, RF-152, and RF-153—the Germans -specified:</p> - -<p class='pindent'>1) That all payments on debts of people resident in Belgium to -their creditors in Germany had to be paid into an account called -the “Deutsche Verrechnungskasse, Berlin.” This was an open -account on the books of the National Bank of Belgium in Brussels, -an account kept in belgas in spite of the prohibition on currency -of 17 June 1940, the prohibition to which I have already referred -concerning the blocking of means of payment in the country. -<span class='pageno' title='569' id='Page_569'></span></p> - -<p class='pindent'>By the decision of 4 August 1940, it was moreover prescribed -that the carrying out of clearing would henceforth no longer be -entrusted to the National Bank of Belgium but to the issuing bank -in Brussels, which, as I have already had the honor of pointing out, -had been established by the occupying power and was under their -absolute control.</p> - -<p class='pindent'>2) The Germans laid down a second measure whereby all -debtors resident in the Reich should pay their Belgian creditors by -way of the open account at the issuing bank in Brussels, at the -following rate of exchange; 100 belgas to 40 marks, that is to say, -1 mark for 12.50 Belgian francs.</p> - -<p class='pindent'>These arrangements, moreover, were extended to the countries -occupied by Germany with a view to facilitating their operations -in those countries; they were even extended to certain neutral -countries by various similar decrees appearing in the ordinance book.</p> - -<p class='pindent'>The mission of the issuing bank in Brussels consisted, therefore, -on the one hand, of receiving payments from all persons or agencies -established in Belgium which had foreign engagements and, on the -other hand, to pay those persons or agencies established in Belgium -which had foreign credit.</p> - -<p class='pindent'>In other words, every time an exporter delivered goods to an -importer of another country which belonged to the clearing system, -it was the issuing bank which settled the invoice and which entered -as equivalent, in the ledgers, a corresponding credit at the Deutsche -Verrechnungskasse in Berlin—the German Clearing Institute in -Berlin. In the case of imports, the inverse procedure was followed.</p> - -<p class='pindent'>In fact, under the German direction, this system functioned to -the detriment of the Belgian community which, at the moment of -the liberation, was creditor in clearing to the extent of 62,665 -million Belgian francs. It was the National Bank of Belgium -which had been forced to make advances to the issuing bank to -balance the account of the German Clearing Institute.</p> - -<p class='pindent'>A large number of operations made through clearing had no -commercial character whatever but were purely and simply -military and political expenses.</p> - -<p class='pindent'>From information given by the Belgian Government, the -clearing operations could be summarized in the following manner—and -I take the figures from a report of the Belgian Government -previously cited, which has been presented as Document Number -RF-146: Of the total transactions, 93 percent were Belgium-German -clearing operations; merchandise amounted to 93 percent, and -services 91 percent.</p> - -<p class='pindent'>If one considers the part taken respectively by merchandise, -services, or capital, one obtains a very significant picture. The -<span class='pageno' title='570' id='Page_570'></span> -entire clearing transactions of Belgium with foreign countries -totalled, on 2 September 1944, the sum of 61,636 million Belgian -francs, of which 57,298 million were for Belgium-German operations, -4,000 million only with France, 1,000 million with the Netherlands, -and 929 million with other countries.</p> - -<p class='pindent'>It is only in the sector of goods and services that the want of -equilibrium is apparent due in large measure to requisitions of -property and services made by Germany for her own account. It is -known that the so-called exports affected especially metals and -metal products, machines, and textile products, nine-tenths of which -were seized by the Reich, which made itself thereby guilty of real -spoliation.</p> - -<p class='pindent'>As to the transfer of capital, during the first period of the -occupation it was particularly intense. It concerned the forced -realization of Belgian capital in foreign countries, as well as the -forced cession to German groups of Belgian assets blocked in -Germany. No effective compensation was given in exchange. The -transfers made for services were principally for payments for -Belgian labor in foreign countries.</p> - -<p class='pindent'>The credit balance of these services on 2 September 1944 is as -follows, in Belgian francs: Total clearing operations dealing with -services, 20,016 million—that is to say, for payment of labor -73 percent of the total. For Germany alone, 18,227 million—that -is, 72 percent of the total amount. For France only 1,621 million -Belgian francs—that is to say, a very small part.</p> - -<p class='pindent'>Not content with requisitioning workers for forced labor in -Germany or in the occupied territories, the Germans compelled -Belgium to bear the financial burden and imposed it either through -the liquidation of the transferred savings in clearing or by the -remittance of Belgian notes to the Directorate of the Reich Bank -in Berlin for payment of workers in national currency.</p> - -<p class='pindent'>THE PRESIDENT: Do you think it is necessary to go into these -clearing operations again? In each case of the various countries -which have been dealt with, the same clearing operations have -taken place, have they not? Then perhaps it is really unnecessary -to do it over again for Belgium.</p> - -<p class='pindent'>M. DELPECH: Very well, Your Honor. At all events, the -Germans recognized the fact, and the figures taken from the report -previously cited support the conclusions of our statement.</p> - -<p class='pindent'>Before ending this chapter concerning German seizure of the -means of payment, it is fitting that the attention of the Tribunal -be brought to the order of 22 July 1940, by which the Germans -fixed the rate of the Belgian franc at 8 Reichspfennig, that is to -say 12.50 francs per mark; and in the forementioned report Wetter -<span class='pageno' title='571' id='Page_571'></span> -writes concerning this matter, on Pages 37 and 38, a passage which -I ask the Tribunal’s permission to read and which is in the document -book as Document Number RF-158.</p> - -<div class='blockquote'> - -<p class='noindent'>“The <span class='it'>de facto</span> maintenance of the pre-war parity was moreover -of considerable political importance because a large -group of the population would have considered a sharp -devaluation or a repeated change of parity as a maneuver of -exploitation.”</p> - -</div> - -<p class='pindent'>The following observation in connection with this conception -must be made: The occupiers had no need in Belgium to decree, -with the view of promoting their economic exploitation, that the -Belgian franc should have a lesser value when, as a matter of fact—contrary -to what occurred in France—they had, at the moment -they entered Belgium, instituted new currency over which they -had the control.</p> - -<p class='pindent'>Lastly, let us mention that Germany obliged the Vichy Government -to deliver 221,730 kilos of gold amounting, at the 1939 value, -to 9,500 million francs; but as France had returned this gold to -the Bank of Belgium, this question will be treated under the -economic exploitation of France.</p> - -<p class='pindent'>Recapitulation.</p> - -<p class='pindent'>To sum up, the means of payment seized by the army of -occupation may be seen from the following figures:</p> - -<p class='pindent'>Reichskreditkasse notes, 3,567 million; various bills and accounts -on the books of the Reichskreditkasse, 656 million; war tribute -under the pretext of occupation costs, 67,000 million; to which may -be added the credit balance of clearing 62,665 million; total (in -Belgian francs), 133,888 million.</p> - -<p class='pindent'>The Germans thus seized no less than 130,000 million Belgian -francs, which they used for outwardly regular purchases, for payment -of their requisitions, and to make clandestine purchases on -the black market. These so-called purchases and requisitions will -be treated in the following chapters.</p> - -<p class='pindent'>Chapter 2, clandestine purchases, black market.</p> - -<p class='pindent'>As in all the other occupied territories, the Germans organized -a black market in Belgium as early as October 1941.</p> - -<p class='pindent'>According to a secret report on the black market, called “Final -Report of the Control Office of the Military Commander in Belgium -and in the North of France, Concerning the Legalized Emptying -of the Black Market in Belgium and in the North of France,” a -report covering the period from 13 March 1942 to 31 May 1943—Exhibit -Number RF-159 (Document Number ECH-7) in the document -book—the reasons given by the Germans for this organization -of the black market are three in number: -<span class='pageno' title='572' id='Page_572'></span></p> - -<p class='pindent'>1) To check competition on the black market between various -German buyers; 2) to make the best use of the Belgian resources -for the purposes of German war economy; 3) to do away with the -pressure exercised on the general standard of prices and by this -to avoid all danger of inflation which would result in endangering -German currency itself.</p> - -<p class='pindent'>This same report tells us, Pages 3 and following, that an actual -administrative organization was set up by the Germans for carrying -out this policy. The bookkeeping was done by the Clearing -Institute of the Wehrmacht, which combined all the operations in -its books. The direction of purchases was regulated by a central -organization, the name of which changed as the years went by and -which had a certain number of organizations subordinate to it, -particularly a whole series of purchasing offices.</p> - -<p class='pindent'>The central organization was set up in accordance with the -decree of the military commander in Belgium, dated 20 February -1942. It was formed on the 13th of the following March; and as -soon as it was created it received special directives from the -delegate of the Reich Marshal, Defendant Göring. This delegate -was Lieutenant Colonel Veltjens, of whom we spoke this morning.</p> - -<p class='pindent'>This organization was only established to co-ordinate the -legalization and direction of the black market, as had been determined -upon, and planned following conferences between the Commissioner -General and the Military Commander of Belgium with -the Chief of the Armament Inspection. According to the terms of -that agreement, which reinforced a declaration of 16 February 1942 -emanating from the Reich Minister for Economics, the aim was to -drain the black market and in accordance with directives, in a -legal form, with the main idea of safeguarding the supply requirements -of the German Reich.</p> - -<p class='pindent'>This organization had its offices in Brussels. The purchases -themselves were regulated by a certain number of specialized -offices, the list of which is given on Page 5 of the forementioned -report. These organisms received their orders from the Rohstoffhandelsgesellschaft, -which has already been mentioned at the -beginning of the statement on the economic exploitation of Western -Europe.</p> - -<p class='pindent'>The role of Roges was very important in the organization of the -black market. In effect it was four-fold:</p> - -<p class='pindent'>1) The purchasing directives, once the authorization had been -given by the central office in Brussels, were transmitted by Roges -to the proper purchasing office.</p> - -<p class='pindent'>2) The delivery of goods bought and marked for the Reich were -made through Roges which took charge of their distribution in -Germany. Pg578 -<span class='pageno' title='573' id='Page_573'></span></p> - -<p class='pindent'>3) Roges financed the operations.</p> - -<p class='pindent'>4) It was Roges which was entrusted with paying the difference -between the rate of purchase—generally very high because of the -black market rate—and the fixed official rate of sale on the German -domestic market. The difference was covered by an equalizing -fund, supplied from the occupation costs account, to which the -Reich Minister of Finance put sums at the disposal of Roges -through the channel of the Ministry of Armament.</p> - -<p class='pindent'>The forementioned report furnishes a complete series of interesting -particulars on the functioning of the central organization -itself. It is interesting to note that the central office in Brussels -was instructed by order of the Military Commander in Belgium, -dated 3 November 1942, to have a branch at Lille set up for the -north of France. At the same time, the Brussels office was -authorized to instruct its branch office at Lille. In the document -book, under Document Number RF-160, a final report of the Lille -office is mentioned. This report, drawn up on 20 May 1943, gives -a whole series of interesting particulars on the functioning of this -organization.</p> - -<p class='pindent'>THE PRESIDENT: It is 5 o’clock now. M. Delpech, I think it -would be the wish of the Tribunal, if it were possible, for you to -omit any parts of this document which are on precisely the same -principles with those which have already been submitted to us in -connection with the other countries. If you could, I think that -would be convenient for the Tribunal. Of course, if there are any -essential differences in the treatment of Belgium then, no doubt, -you would draw our attention to them.</p> - -<p class='pindent'>M. DELPECH: Certainly, Your Honor.</p> - -<h3>[<span class='it'>The Tribunal adjourned until 22 January 1946 at 1000 hours.</span>]</h3> - -<hr class='pbk'/> - -<p class='line' style='text-align:center;margin-top:4em;margin-bottom:2em;font-size:1.2em;'>TRANSCRIBER NOTES</p> - -<p class='pindent'>Punctuation and spelling have been maintained except where obvious -printer errors have occurred such as missing periods or commas for -periods. English and American spellings occur throughout the document; -however, American spellings are the rule, hence, ‘Defense’ versus -‘Defence’. Unlike prior Blue Series volumes I and II, all French, German and eastern -European names and terms include accents and umlauts: hence Führer and Göring, -etc. throughout.</p> - -<p class='pindent'>Although some sentences may appear to have incorrect spellings -or verb tenses, the original text has been maintained as it represents -what the tribunal read into the record and reflects the actual translations -between the German, English, Russian and French documents presented in -the trial.</p> - -<p class='pindent'>An attempt has been made to produce this eBook in a format as close as -possible to the original document's presentation and layout.</p> - -<p class='line'> </p> - -<p class='noindent'>[The end of <span class='it'>Trial of the Major War Criminals Before the -International Military Tribunal: Nuremberg 14 November 1945-1 -October 1946 (Vol. 5)</span>, by Various.]</p> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of Trial of the Major War Criminals -Before the International Militar, by Various - -*** END OF THIS PROJECT GUTENBERG EBOOK NUREMBERG TRIAL--MAJOR WAR CRIMINALS, VOL 5 *** - -***** This file should be named 54917-h.htm or 54917-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/4/9/1/54917/ - -Produced by Larry Harrison, Cindy Beyer, and the online -Project Gutenberg team at -http://www.pgdpcanada.net with images provided by The -Internet Archives-US. - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. 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