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diff --git a/old/55581-0.txt b/old/55581-0.txt deleted file mode 100644 index 0093060..0000000 --- a/old/55581-0.txt +++ /dev/null @@ -1,30110 +0,0 @@ -The Project Gutenberg EBook of Trial of the Major War Criminals Before the -International Military Tribunal, Vol. VII, 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, Vol. VII - Nuremburg 14 November 1945-1 October 1946 - -Author: Various - -Release Date: September 19, 2017 [EBook #55581] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK TRIAL--MAJOR WAR CRIMINALS, VOL VII *** - - - - -Produced by Larry Harrison, Cindy Beyer and the online -Distributed Proofreaders team with images provided by The -Internet Archive-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. - - - - - VOLUME VII - - - - 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 - - 5 February 1946 — 19 February 1946 - - - - - CONTENTS - - Fifty-first Day, Tuesday, 5 February 1946, - Morning Session 1 - Afternoon Session 23 - - Fifty-second Day, Wednesday, 6 February 1946, - Morning Session 51 - Afternoon Session 76 - - Fifty-third Day, Thursday, 7 February 1946, - Morning Session 77 - Afternoon Session 105 - - Fifty-fourth Day, Friday, 8 February 1946, - Morning Session 146 - Afternoon Session 177 - - Fifty-fifth Day, Saturday, 9 February 1946, - Morning Session 209 - - Fifty-sixth Day, Monday, 11 February 1946, - Morning Session 228 - Afternoon Session 253 - - Fifty-seventh Day, Tuesday, 12 February 1946, - Morning Session 279 - Afternoon Session 309 - - Fifty-eighth Day, Wednesday, 13 February 1946, - Morning Session 340 - Afternoon Session 370 - - Fifty-ninth Day, Thursday, 14 February 1946, - Morning Session 403 - Afternoon Session 428 - - Sixtieth Day, Friday, 15 February 1946, - Morning Session 461 - Afternoon Session 485 - - Sixty-first Day, Monday, 18 February 1946, - Morning Session 516 - Afternoon Session 540 - - Sixty-second Day, Tuesday, 19 February 1946, - Morning Session 562 - Afternoon Session 589 - - - - - FIFTY-FIRST DAY - Tuesday, 5 February 1946 - - - _Morning Session_ - -MARSHAL (Colonel Charles W. Mays): May it please the Court, I desire to -announce that the Defendant Kaltenbrunner will be absent from this -morning’s session on account of illness. - -M. EDGAR FAURE (Deputy Chief Prosecutor for the French Republic): One of -the counsel would like to address the Tribunal. - -DR. HANS LATERNSER (Counsel for the General Staff and High Command of -the German Armed Forces): In the name of the organization I represent, I -make application that the testimony of the witness, Van der Essen, who -was heard yesterday should be stricken from the Record for this reason: -That the witness made declarations, firstly, concerning the alleged -wanton destruction of the library in Louvain; secondly, concerning the -treatment of the local population during the Rundstedt offensive, which -led him to the conclusion that orders to this effect must have been -received from higher quarters. - -I wish that this testimony should be stricken from the Record for these -reasons: Firstly, as regards yesterday’s testimony there was no question -of testimony by a witness. A witness should base his testimony on his -own knowledge, which can be based only on his own observations. These -prerequisites are not present in the points to which objection is made. -For the most part the witness repeated statements made by other people, -some of them actually made by people whom he himself did not know. The -knowledge of this witness can consequently be ascribed only to a study -of the documents. - -Secondly, any third party is in a position to give similar testimony as -soon as the documents to which this witness had access are put at his -disposal, and if he is also in a position to talk to the people to whom -the witness talked and who gave him his information. It is consequently -proved that this witness, Van der Essen, was not a genuine witness at -all, because such a witness cannot be replaced by a third person who may -happen to come along. - -Thirdly, although the Tribunal, in accordance with Article 19 of the -Charter, is not bound by the ordinary rules of evidence, this evidence -must be rejected because it has no probative value which can be -determined by the Court. This emerges of necessity from the fact that -the sources of the witness’ testimony cannot be taken into -consideration. - -I regard it as my duty to point out that the introduction of such -indirect proof cannot lead to the discovery of the truth regarding the -points in dispute. - -THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): The Tribunal would -like to hear, M. Faure, what you have to say in answer to the motion -which has just been made. - -M. FAURE: Gentlemen, Your Honors, I should like, first of all, to -observe that, as already indicated by the counsel who has just spoken, -the Charter of this Tribunal provides that it shall not be bound by the -formal rules concerning the burden of proof. But, apart from this, I -consider that counsel’s objection cannot be upheld; this objection being -based on three considerations which he has enumerated but which, as I -understand, boil down to one single objection, namely, that this witness -was an indirect witness. I would like to emphasize the fact that I -called Mr. Van der Essen as a witness precisely because of his capacity -as a member of the official and governmental Belgian commission of -inquiry into the study and research of war crimes. - -It is in conformity with all legal procedure with which I personally am -acquainted that a person who has made investigations in connection with -criminal matters may be called before a court of justice to state the -conditions under which the inquiry was made and the results arrived at. -It is therefore not necessary that the witness who has just testified -regarding an investigation should have been himself an eye-witness of -the criminal activities which this investigation is intended to bring to -light. - -Mr. Van der Essen, therefore, in my opinion, testified to facts of which -he has personal knowledge, to wit, as regards the matter of Stavelot, he -stated that he himself had heard witnesses and that he verified the -authenticity of this testimony. As concerns the matter of the Library of -Louvain, he testified as to the existing minutes of the commission of -which he is a regular member. - -I add that this procedure appears to me to have the advantage of -avoiding the necessity of calling a large number of individual witnesses -to the witness stand. However, in order to have every possible guarantee -regarding the facts laid before the Tribunal in evidence, I have decided -to bring here the briefs, the texts of the testimonies to which the -witness referred. I shall then be able to communicate to the Defense the -affidavits of the witnesses who were mentioned yesterday, and I think -that this will give the Defense ample guarantee. - -I therefore propose to the Tribunal to reject the objection as far as -the admissibility of the testimony is concerned; it being understood -that the Defense will discuss the value and probative force of this -testimony as it sees fit. - -THE PRESIDENT: M. Faure, you said something about the affidavits of -witnesses which you could furnish to the Defendant’s Counsel. I -understand that you intended also to put in the governmental report or -the committee’s report with reference to which the witness had -testified, did you not? - -M. FAURE: Yes, Mr. President. - -THE PRESIDENT: But you intended also, as a matter of courtesy, to -furnish the affidavits which were before that committee to the -Defendants’ Counsel; is that what you meant? - -M. FAURE: Yes, Mr. President; if this meets with the approval of the -Tribunal. - -THE PRESIDENT: The governmental report, I suppose, does not actually -annex the affidavits, does it? - -M. FAURE: Yes, Mr. President, precisely. - -THE PRESIDENT: It does? The affidavits are part of the report, are they? - -M. FAURE: The report which was submitted does not contain the elements -on which the witness depended yesterday with regard to certain points, -particularly because the investigation on Stavelot was very long and -very conscientious and has not been summed up in time. I said, -therefore, that I proposed to submit these complementary elements as -evidence and in this way to communicate them to the Defense. - -THE PRESIDENT: That is what I thought; that is to say, the report did -not contain all the details which were in the affidavits or evidence? - -M. FAURE: No, Your Honor. - -THE PRESIDENT: Therefore, you thought it right, as a matter of courtesy, -to allow the Defendants’ Counsel to see those details upon which the -report proceeded. The Tribunal understands that. - -The Tribunal will consider the motion which has been made. We will -consider the motion which has been made at a later stage. You can now -proceed with your argument. - -M. FAURE: Your Honors, I should like, first of all, to point out to the -Tribunal that since a certain amount of time has been given to witnesses -and discussions, and as I do not wish to exceed the time limit which was -announced, I am compelled to shorten to a considerable extent the -presentation of the brief which I am now presenting on the subject of -propaganda. I shall therefore ask the Tribunal kindly to excuse me if I -occasionally hesitate during this presentation, inasmuch as I shall not -follow my brief exactly. - -I indicated yesterday the method employed by the Germans with regard to -the freedom of public meetings and of association, which they -suppressed. When they did uphold these rights they exploited them to -their own advantage. I should like now to say something about books and -publishing. - -The German authorities, first of all, issued an ordinance on 30 August -1940, published in the _Journal Officiel_ of 16 September, forbidding -certain school books in France. We have already seen that they had done -the same thing in Belgium. - -Another step taken by the Germans was to prohibit a certain number of -books of which they disapproved. I present in this connection Document -Number RF-1103, which is the “Otto” list, published in September 1940; -it is a list of 1,074 volumes forbidden by the Germans. I shall not, of -course, read it to the Tribunal. It appears in the document book under -Document Number RF-1103, as I have just said. - -A second “Otto” list, longer than the first, was drawn up later and -published on 8 July 1942, and I present it as Document Number RF-1104. -The conclusion to this second document, which is the last page in my -document book, gives a clear indication of the principles on which the -German authorities worked. I read a few lines: - - “As a matter of principle, all translations of English books, - except the English classics, are withdrawn from sale.”—And - further—“All books by Jewish authors, as well as books in which - Jews have collaborated, are to be withdrawn from sale with the - exception of works of a scientific nature where special measures - are anticipated. From now on biographies of Jews, even if - written by French Aryans, as, for instance, the biographies of - the Jewish musicians Offenbach, Meyerbeer, Darius Milhaud, _et - cetera_, are to be withdrawn from sale.” - -This method of procedure may have appeared fairly harmless at first, -since only about 1,200 volumes were involved, but one can see the -significance of the principle itself. By this procedure the German -authorities achieved the practical result they sought, which was -essentially, apart from other prohibitions, the complete disappearance -of serious and objective works permitting a study of German doctrines, -the policy of Germany, and the philosophy of Nazism. - -Apart from prohibiting works already existing, the Germans naturally -established a censorship. At first they proceeded in a veiled manner by -making a kind of agreement with publishers in which the publishers -themselves were made responsible for indicating which of the books -appeared to them to be subject to censorship. I submit this censorship -agreement as Document Number RF-1105; and I wish, without reading it, to -make but one observation in this regard which is highly characteristic -of the invariable German method. - -In the printed brochure of this agreement, of which the original is -submitted, there appears, in addition to the agreement itself, a notice -drafted in terms which do not reflect French feeling. This notice was -not drafted by the publishers upon whom the agreement itself was imposed -but was drafted by the Germans and published in the same brochure, which -bears the words, “National Syndicate of Publishers,” so that one might -think that the French publishers accepted the phrases occurring in this -preamble. For that matter, the attentive reader has only to see that -this brochure does not bear the printer’s name to realize that this is a -German publication and not one put out by French publishers, for only -the Germans were exempted from the French rule requiring mention of the -printer’s name. - -The Germans did not limit themselves to this procedure which was -apparently rather liberal; and later an ordinance of 27 April 1942 -entitled, “Concerning the Rational Use of Printing Paper,” was published -in the _Journal Officiel_ of 13 May. This ordinance stated, on pretext -of the rational utilization of paper, that all publications without -exception should bear the German authorization number. - -I point out in addition that in their control of paper the Germans had a -very effective weapon with which to put a stop to French publishing. I -submit as Document Number RF-1106 the affidavit of M. Marcel Rives, -Director of Internal Commerce at the Ministry of Industrial Production. -In order to shorten the proceedings I shall not read this document. I -may say in short that this document makes it clear that the distribution -of available paper stocks was made entirely under the authority of the -Germans and that the Germans reduced the amount of paper placed at the -disposal of publishers in a proportion exceeding that of the general -reduction in paper quotas as compared with the prewar situation. - -I must add that the Germans also took for their own propaganda -publication a certain amount of the reduced paper quota allotted to the -French publishers. Thus, they not only used for their propaganda the -paper which they themselves had in Germany, but they also took some of -the small amount of paper which they allotted to the French publishers. -I should like simply to read in this connection a few lines of the -document which constitutes Appendix 2 of Document Number RF-1106, which -I have just submitted. I merely read a few lines of this Appendix 2, -which is a letter from the German Military Command to the Ministry of -National Economy dated 28 June 1943: - - “More especially during the month of March, which you - particularly mention, it has been impossible to allot the - publishers any quantity from current production, as this was - needed for urgent propaganda purposes.” - -The other aspect of this German activity in the publishing sphere was, -in fact, the carrying on of an intensive propaganda by means of all -kinds of pamphlets and publications. This propaganda literature is -extremely tedious. I should like to mention only one detail, which shows -the method of camouflage always employed by the Nazis. I have here a few -German propaganda pamphlets which I shall submit, naturally without -reading them, as Document Number RF-1106 (bis). The first ones are part -of a series entitled _England Unmasked_. The first numbers of this -series, taken at random, have on the flyleaf, “Office of German -Information, England Unmasked Number . . .” _et cetera_. No attempt at -concealment is made, and the reader knows what he has before him. But by -some curious accident, Number 11 in the same series no longer bears the -words, “German Office of Information,” and we see instead, -“International Publishing House, Brussels.” Here again, however, we are -warned of its origin, for the author’s name is Reinhard Wolf, and this -is a German name. - -But here, by way of a final example, is a pamphlet entitled _The Pact -against Europe_, which is also published by the International Publishing -House, Brussels, (Document Number RF-1106(ter)). We know after seeing -the other specimens that this publishing house is only a firm attached -to the German office; but people who are not so well informed may -believe the pamphlet to be a French or Belgian compilation, for in this -case the name of the author is Jean Dubreuil. - -I shall not dwell further on publishing, and I should like now to say a -few words about the press. It is a matter of common knowledge that all -the newspapers of the occupied countries were controlled by the Germans, -and that most of these newspapers had been founded at their instigation -by persons who were in their pay. As these facts are well known, I shall -refrain from submitting documents on this point, and shall limit myself -to the following remarks: - -Firstly, restrictive measures—censorship. Although all these newspapers -were practically “their” papers, the Nazis nevertheless submitted them -to a very strict censorship. I shall submit, as evidence of this, -Document Number RF-1108, which is a report of a press conference held on -8 January 1943 in the course of which the new censorship orders and -regime are defined. I point out to the Tribunal that this document and -others of the same nature were found in the archives of the French -Office of Information, which was under German control. They have been -deposited either in the Bibliothèque Nationale in Paris or in the -Document Library of the War Museum. These documents have been selected -by us from the reports, either in the form of original documents, -photostats, or from the French collection. - -I should like simply to point out, by means of this Document RF-1108, -that the Germans were concerned with the institution of a more liberal -regime of censorship. On reading the document, however, it becomes -evident that almost all news items and articles are subject to -censorship, with the exception of serial stories, reviews of films and -plays, items of scientific or university news, radio programs, and a -certain number of completely trivial subjects. - -The second aspect of the German interference, the positive aspect, -appears in the directives given to the press; and these directives were -given by means of press conferences such as that which I have just -described. - -I shall submit to the Tribunal, without reading them, a certain number -of documents numbered RF-1109 to RF-1120. I produce these documents in -evidence not for the sake of their contents, which are simply a -repetition of German propaganda, but merely as proof of their existence, -that is, continued pressure exerted on the press. - -I should like to say, however, how this was done. The press conferences -were held either in the Propagandastaffel, Avenue des Champs-Elysées, or -at the German Embassy. The representatives of the press were summoned by -the competent Nazi officials who issued directives. After the -conference, the substance of these directives was embodied in a dispatch -from the French Office of Information. The Tribunal knows that agencies -sent dispatches to the papers for their information. When a dispatch had -been drawn up by the office it was submitted for checking to the German -bureau, which affixed a seal to it. After that it could be distributed -to the papers. - -I stated that I would not read anything on these press conferences or on -the agency’s minutes and notes which form Documents RF-1109 to RF-1120. -I should like to read only a very brief document, which I submit as -Document Number RF-1121, the minutes of a press conference held on 16 -April 1943 in the Propaganda-abteilung. I quote: - - “At the end of the conference the German commentator declared - that on Tuesday, 20 April—the Führer’s birthday—the newspapers - would consist of four pages instead of two, and on Wednesday, 21 - April, they would consist of two pages instead of four. He asked - the reporters present to stress the European orientation of the - Führer’s political personality and to treat Franco-German - relations very generously. A great deal of tact and reserve are - necessary, however, in order not to give the newspapers the - appearance of being no longer French, and in this way shocking - public opinion.” - -I am not forgetting the fact that we are participating in a criminal -trial and that we must select from the extremely varied facts which we -have to present those elements characteristic of the intention and -realization of an act condemned by criminal law. In consideration of -this, I quote Document Number RF-1124, which I am also presenting and -which is an attempt to promote, by means of press and propaganda, the -enlistment of Frenchmen in the enemy army. Article 75 of the French -Criminal Code provides for this crime and I recall that in juridical -theory proceedings can be taken even against enemy nationals for crimes -of this kind. I read this document, which is extremely short: - - “At the end of the military conference, Dr. Eich announced that - the O.F.I. would broadcast this afternoon an article devoted to - the necessity of the inclusion of French sailors in the German - Navy. He asked the newspapers to add commentaries to this text - in which, for instance, the following theme might be treated: - ‘To be a sailor is to have a profession.’ - - “The article broadcast by the O.F.I. must appear tomorrow—a - four-page day—on the first page, or the beginning, at least, - must appear on the first page.” - -Finally, I must point out that, apart from the press conferences proper, -there were so-called cultural conferences at which the German -authorities gave their orders on all subjects. I should like to read a -few very brief extracts from one of these cultural conferences in order -to indicate the general oppression resulting from the interference of -the Germans in every field without exception. I present these Documents -RF-1125 and RF-1126; and I read two sentences on Page 1 of Document -Number RF-1125, which is a report of the minutes of the conference held -on 22 April: - - “Reproductions of paintings by Picasso have recently been made - in spite of the directives to the contrary previously given. - - “Theater: Certain press publications have seen fit to praise the - operetta _Don Philippe_ to an extent belied by the reception - given to this work by the general public. This goes beyond the - bounds of the permissible.” - -I shall read a little further, on the top of Page 2: - - “The press has lent an obviously exaggerated backing to jazz - concerts, particularly those of Fred Jumbo. This shows a lack of - tact which is all the more regrettable in that a very minor - place has been accorded in general to concerts of real value.” - -Finally, at the end of this document, there is a general note which is -interesting: - - “The nationality of persons of standing in the world of science, - art, _et cetera_, whose names occur in articles appearing in the - press, is to be given as that of the Greater German Reich in the - case of those born in any of the countries which have been - restored to the Greater German Reich or incorporated into it.” - -We thus see that even in what might seem to us the most fanciful -connections we can find evidence of the will to enforce Germanization -and of the criminal will to strip men of the nationality which they have -the right to retain. - -I shall now say a few words about the cinema. The Germans, to do them -justice, have never failed to understand the exceptional importance of -the cinema as a means of propaganda. In France they devoted to this -subject seven ordinances or decrees. - -You must know that, in the first place, the Germans prohibited the -showing of films of which they disapproved . . . . - -THE PRESIDENT: M. Faure, don’t you think that evidence that the Germans -used the cinema as a method of propaganda is really somewhat cumulative? -You have shown already that they forbade a great number of books which -they considered hostile to their ideology, and that they controlled the -press, and is it not almost cumulative and a matter of detail that they -also controlled the cinema? - -Unless there is some evidence on behalf of the defendants contradicting -the evidence which you have given, I think the Tribunal will be -satisfied that the Germans did adopt all these methods of propaganda. - -M. FAURE: When a brief is presented it sometimes does produce the -impression that the arguments contained in it are cumulative, although -that may not have been so apparent when the preparation was going on. - -I shall not speak, then, on the subject of the cinema. I wish simply to -point this out to the Tribunal. We thought that with regard to these -questions of propaganda with which we are dealing in the abstract it -would perhaps be as well to provide concrete illustrations of a few of -the themes of German propaganda, and to this end we propose presently, -with the permission of the Tribunal, to project very briefly a few of -the themes of German propaganda. I wish to point out that these themes -are taken from archives which we found. On the other hand, we intend to -present, for one minute each, two pictures taken from a German -propaganda film produced by a Frenchman at the instigation and with the -financial support of the German office. - -As we are now going to present these pictures, with the permission of -the Tribunal, I consider it indispensable to present just one document, -Document RF-1141, since it is the interrogation of the producer of the -film and establishes the fact that this film was made by order of the -Germans and paid for by them. I therefore present in evidence this -Document Number RF-1141, which is necessary for the presentation which -we are about to make. Since it seems to me that sufficient evidence has -already been advanced concerning the various methods of propaganda, I -shall apply the same line of reasoning to the part anticipated for -broadcasting. - -Here I merely wish to present a document which goes beyond the field of -pure propaganda. This is Document Number RF-1146. I must point out, -first of all, that as regards broadcasting, the Germans obviously -encountered an obstacle which was not present to the same degree in -other fields. This obstacle lay in the transmissions broadcast by the -free radios which, as the Belgian witness said yesterday, were followed -with the greatest enthusiasm by the inhabitants of the occupied -countries. The German Command then had the idea of penalizing the -persons who listened to these broadcasts. In the document which I am -going to quote, the Military Command went to the length of asking the -French authorities most urgently to institute the most stringent -penalties, even going so far as to prescribe the death penalty for -persons repeating news heard on the foreign radio service. - -I think it will be useful, if I deposit in evidence this document -emanating from the Military Command and signed by Stülpnagel, which -demonstrates the criminal intentions of the German staff. I should like -to read this document, RF-1146. I read from the beginning of the third -paragraph: - - “The French law of 28 October 1941 does not provide for special - sanctions for the broadcasting of news from foreign stations - calculated to endanger order or public security, although this - offense constitutes a particularly grave danger. It is - indispensable that the dissemination of such news should be - punished by hard labor and in particularly serious cases by the - death penalty. It is immaterial whether the disseminator of the - news was listening in himself or obtained knowledge by other - means. - - “The possibility of legally prosecuting the mentioned offense by - the state tribunal does not suffice to hinder the population - from listening to the British radio and spreading the news. - Since the law regarding the state tribunal does not mention - listening to foreign stations there is no direct relation - between listening in and dissemination on the one hand and - punishment by hard labor or death sentence on the other. The - population has, therefore, no idea that such acts are already - punishable by hard labor or the death penalty. - - “For this reason I request a draft to be submitted, amending the - law of 28 October 1941 with deadline 3 January 1943. - - “For your instruction I am adding, as an appendix, a draft of - the German decree relating to extraordinary measures about - broadcasting, by which you may learn the details of the German - regulation.” - -I shall now submit a document bearing the Document Number RF-1147. I -think this document may interest the Tribunal. It presents quite a -different character from that of the documents which I have produced up -to now. This document consists, firstly, of a letter from Berlin dated -27 October 1941, the subject of which is an agreement relating to -collaboration with the Ministry of Foreign Affairs. I read this letter, -which is very short, and which authenticates our document: - - “By authorization of the ministry, we enclose for your - information, as a secret matter of the Reich, a copy of the - agreement relating to collaboration with the Ministry of Foreign - Affairs, as well as a copy of the agreement of execution. The - agreement itself is not confidential, but details of the - contents must not be given.” - -The document enclosed with this is the full text, which I shall not -read, of the agreement made between the Ministry of Foreign Affairs and -the Ministry of the Reich for Public Enlightenment and Propaganda -relating to collaboration between their respective branches. I think -that this document is of some interest, and that is why I submit it. I -shall simply point out to the Tribunal that it shows at once the extent -of the hold which the Germans wished to make sure of possessing over the -minds of the populations of occupied and even foreign countries and the -way in which they organized this. - -Chapter I of this document is entitled, “Collaboration by Branches.” -Letter “a” concerns the cinema, the theater, music, and exhibitions. -Letter “b” concerns publications. - -I think it might be interesting to read the first few lines of letter -“b,” for after expounding the propaganda from the point of view of the -receivers, it is worth while looking at the question from the point of -view of the persons who put out this propaganda. And, on the other hand, -I think we must not lose the opportunity of observing the extraordinary -variety and skill of the German methods. This quotation is very brief: - - “The Foreign Office and the Ministry of Propaganda are operating - jointly a holding company, the Mundus A.G., of which they have - equal shares and in which the publishing houses controlled by - both ministries at home and abroad are combined, as far as they - are concerned with the production of publications for abroad or - their export to, and distribution in, foreign countries. All - firms or partnerships which will be founded or acquired in - future for this purpose by both ministries will be incorporated - in this company.” - -On Page 3, Paragraph 4, I should like also to read a sentence: - - “Both ministries participate in the drawing up of propaganda - matter issued by them or upon their initiative, at home, but - intended for distribution abroad.” - -Finally, on Page 4, I shall read a sentence in the second last -paragraph, and I quote: - - “In order to consolidate the broadcasting stations and the - partnerships openly controlled by Germans, the Foreign Office - and the Ministry of Propaganda are jointly operating a holding - company, Interradio A.G., Berlin, each owning 50 percent.” - -The Tribunal has noticed the phrase “openly owned by the Germans.” - -This will be completed by a final quotation of a sentence on Page 5 at -the beginning of Paragraph 2: - - “The camouflaged (not apparent) influence exercised upon the - foreign broadcasting stations must not be mentioned in - connection with the joint holding company.” - -I should like, in concluding this brief on propaganda, to present -Document Number RF-1148, which is a message circulated to all the -propaganda offices. I think a very brief quotation from this document -will be interesting for the definition of the very general use of -propaganda as the tool of one of the most premeditated and most serious -enterprises of Nazism, namely, the extermination of nationality and -existence of a country. In this case Czech culture and tradition are -involved. - -I quote from Paragraph 4: - - “The close relationship of the Czechs and European culture must - always be pointed out in a positive manner. The fact of the - far-reaching influence of German culture on Czech culture and - even the latter’s dependence on the former has to be stressed at - every opportunity. The German cultural achievements in Bohemia - and Moravia and their influence upon the cultural work of the - Czechs are to be mentioned particularly. - - “Attention has always to be paid to the fact that although the - Czechs speak a Slav language, they are subject to German culture - by virtue of their living together for centuries with superior - German peoples in German-directed states, and have scarcely - anything in common with other Slav peoples. - - “From the historical point of view, attention has always to be - focused on the periods or personalities by which the Czechs - sought and found contact with German culture: St. Wenceslas, the - time of Charles IV, of Ferdinand I, Rudolf II, Bohemian baroque, - _et cetera_.” - -Finally, I submit, without reading it, Document Number RF-1149. I was -anxious to include this document in our document book for it constitutes -a report of a year’s propaganda activities in one of the occupied -countries—Norway, to be exact. I have spoken at some length of this -country, and that is why I do not wish now to quote the text of this -document; but I do wish to mention that German propaganda formed the -subject of extremely regular reports and that these reports touched on -every subject: press, cinema, radio, culture, theater, schools, -education. - -This propaganda, then, as I have already stated, is something which -covers a much wider range than that previously ascribed to it. No aspect -of our life is unknown to it; it respects none of the things that are -precious to us; it can become a real penitentiary for the spirit, when -even the idea of escape is imprisoned. - -If it please the Tribunal, may I suggest that the session be suspended -now, so that the films may be shown immediately after this presentation. - -My only purpose in showing these films is to illustrate one of the most -common and disagreeable features of life in the occupied countries, the -fact that wherever we went we were always compelled to see before us the -stupid and ugly German propaganda pictures. - -THE PRESIDENT: The Court will adjourn for 15 minutes. - - [_A recess was taken._] - -THE PRESIDENT: With reference to the motion which was made before the -adjournment by counsel for the General Staff, the opinion of the -Tribunal is this: - -In the first place the Tribunal is not confined to direct evidence from -eyewitnesses, because Article 19 provides that the Tribunal shall admit -any evidence which it deems to have probative value. - -Secondly, there is nothing in Article 21 of the Charter which makes it -improper to call the member of a governmental committee as a witness to -give evidence with reference to the governmental committee’s report. But -the Tribunal considers that if such a witness is called the governmental -committee’s report must be put in evidence; as a matter of fact, the -Counsel for the Prosecution have offered to put the committee’s report -in evidence in this case and not only to do that, but also to make -available to Counsel for the Defense the affidavits of witnesses upon -which that report proceeded. - -Thirdly, there were other matters upon which the witness, Mr. Van der -Essen, gave evidence which was altogether outside the report or so it -appeared to the Tribunal. - -As to the weight which is to be attached to the witness’ evidence, that, -of course, is a matter which will have to be considered by the Tribunal. -It is open to the Defense to give evidence in answer to the evidence of -Mr. Van der Essen and also to comment upon or criticize that evidence, -and so far as his evidence consisted of his own conclusions drawn from -facts which he had seen or evidence which he had heard, the correctness -of those conclusions will be considered by the Tribunal, conclusions -being matters for the final decision of the Tribunal. - -For these reasons the motion of counsel is denied. - -It is suggested to me that I did not in that statement say that the -report was to be filed in evidence. I intended to say that. I thought -that I had said so. The report must be filed in evidence and the -affidavits, as they are to be made available to the defendants’ counsel -will, of course, also be made available to the Tribunal. - -M. FAURE: If it please the Tribunal, M. Fuster is going to project the -films of which I spoke just now. - -M. SERGE FUSTER (Assistant Prosecutor for the French Republic): Mr. -President, I am to show you a few examples of direct propaganda in the -occupied countries. - -During the whole period of the occupation the inhabitants of the -occupied countries had the walls of their houses covered with enormous -posters, varying in color and text. There was very little paper in any -of these countries, but there was always enough for propaganda; and this -propaganda was carried on without regard for probability or moral -considerations. If the Nazis thought any sort of campaign would prove -effective, no matter in how small a degree, they immediately launched -this campaign. - -In France, for instance, the most illustrious names in history appeared -on posters and were made to proclaim slogans against the enemies of -Germany. Isolated sentences were taken from the works of Clemenceau, -Montesquieu, and many others who in this way were made to utter -sentiments in favor of Nazism. - -But German propaganda went beyond the adulteration of the works of the -great historical geniuses of our nation. They also tried to pervert and -cripple most sacred sentiments. We saw in France posters advertising -work in Germany, which showed a mother saying to her children, “How -happy we are now that father has gone to work in Germany.” In this way, -the family sentiment was made to further the ends of Nazism. - -German propaganda tried also to attack the sentiment of national -patriotism. We saw posters asking young men to serve in the German -forces; and these existed in every country. M. Faure stated yesterday -that these unfortunate wretches who had served in the various legions -must, in spite of their guilt, be considered to a great extent as -victims of the Nazi system. In this way, German propaganda, in attacking -simultaneously the genius of a nation and the most intimate sentiments -of its people, committed a crime against the spirit; and that is -something which, according to the quotation used by M. Dubost in his -peroration, cannot be pardoned. - -Publicity may be permitted, by all means, but publicity must remain -within limits. It must have some respect for persons, laws, and -morality. Guarantees for the protection of the individual exist in every -country; there are laws against libel, against defamation; but in -international matters, German propaganda had an unlimited field, without -restrictions or penalties, at least until the day when this Tribunal was -established to judge it. - -That is why it seemed to us a useful and necessary duty to submit to -this Tribunal one or two practical illustrations. We did not choose the -best-known examples, but rather those which were most genuinely -characteristic of the excesses and extremes of this propaganda. - -First of all, we are going to show a very short extract from a very -specialized film directed against Freemasonry, which was imposed by the -Germans in the manner explained in the brief. The film in itself is of -no interest, but it contains pictures illustrating the crude campaign of -lies in which the Germans indulged in France. - -As it is a very short film and will be shown very rapidly—we cannot -slow it down on account of technical difficulties—I should like before -showing it to draw attention to the Tribunal to the two kinds of -pictures which will follow one another without transition: First you -will see a map of the world. This map will be rapidly covered by a color -indicating the influence of the Jews and the Freemasons, except for the -two victorious islands, the Nazi-fascist bloc in Europe, on the one -hand, and Japan on the other. - -We give this picture to show the degree of crude simplicity arrived at -by Nazi propaganda and how it submitted to the people the most stupid -and misleading formulas. - -An even worse example of calumny follows the portrait of President -Roosevelt with the heading, “Brother Roosevelt Wants War.” - -This is all we have taken from the film. It will now be shown. Mr. -Abbett, you can begin. - - [_Moving pictures were then shown._] - -M. FUSTER: It is taken from the film “Hidden Forces.” Here is the map of -the world [_indicating_] with the zones of influence: the Soviet zone of -influence, the British zone of influence, the American zone of -influence. It is May 1939. - -THE PRESIDENT: Is it necessary to have the accompaniment of music? - -M. FUSTER: I am sorry, but it is impossible to cut out the sound from -this film. - -THE PRESIDENT: It cannot be helped? Very well. - -M. FUSTER: The rapidity of the film made it necessary for us first to -give a few details of the pictures which passed before the Tribunal. I -think, however, that the Tribunal could appreciate them. - -Now, we are going to show a few photographs of posters. These will be -easier to deal with than the film, which cannot be slowed down. We are -going to show them one by one, commenting on each as may be necessary. - -I should like to point out to the Tribunal that the film which it has -just seen is submitted as Document Number RF-1152 and also under -Document Number RF-1152 (bis). - -The scenarios of other propaganda films, entitled “M. Girouette” (M. -Weathercock), “French Workmen in Germany” and taken from the dossier of -the proceedings taken against M. Musard before the Seine Court of -Justice, will also illustrate the tendency and the subject matter of the -German propaganda carried on by this means. - -The photographs of posters which we are going to show now are submitted -as Document Number RF-1153. Before showing these films, we must say -something about the way in which poster propaganda was organized. It was -organized with extreme care. In this connection we submit a pamphlet -which contains full instructions for mounting and shows that a real -administrative service existed to carry out projects which had been -under consideration for a long time. This is Document Number RF-1150. We -shall not read it, since it is a publication, but we will summarize the -most important contents. The Tribunal will see that the most exact -provision has been made for every detail, the sites for the billboards -and so forth. All these posters were issued by the central bureau in -Berlin, D.P.A. In their original form, they consisted only of pictures. -The text was added later in the country for which they were intended. -The text had to be printed in the language of this country and adapted -to suit local conditions. - -The Germans very often refrained from indicating their official German -origin or even attributed a different origin to them. For instance, they -used the phrase “Printed in France,” which has no particular meaning -since it never appears on genuine French posters. The French posters -bear only the printer’s name; and this, in its turn, never appears on -German posters. By the use of the phrase “Printed in France,” however, -the Germans could undoubtedly make the French believe that the -propaganda put before them was not directly of enemy origin. This is a -feature at once curious and revealing. - -As we have said, publicity has been practiced for a long time, but Nazi -Germany made propaganda into a public institution and applied it -internationally in a most reprehensible manner. - -We are now going to show to the Tribunal a few of the stages in the -development of this poster propaganda. - - [_Pictures were then projected on the screen._] - -M. FUSTER: Here is the first poster [_indicating_]. I am obliged to -describe it because we see it rather badly. The text seems to indicate -the noble attitude of the victor towards the French victims of war. It -is expressed as follows: “Abandoned populations: Have confidence in the -German soldier,” and we see a German soldier with little French children -in his arms. - -At the same time that the Germans tried to gain the confidence of the -French population a second poster, which we are going to show you, was -posted in Germany regarding French prisoners of war. This is what they -said to the Germans. I read the text of the poster: - - “Companions: Retain your national dignity. Attitude toward - prisoners—the attention of every member of the Party is drawn - to the following points: It is unworthy to show the slightest - sign of friendship to a prisoner. It is strictly forbidden to - give food or drink to prisoners of war. Your fathers, sons, and - brothers are fighting with all their strength against an enemy - whose purpose is the annihilation of the German people. We have - no reason to show the slightest friendship to such an enemy, - even when he comes to us as a prisoner. The enemy remains the - enemy.” - -We are now going to show a series of photographs of posters which were -intended to show the French who their real enemies were; but first I -should like to ask the Tribunal whether they can see the posters -sufficiently well, considering the bad light. - -THE PRESIDENT: We can see clearly enough, I think. - -M. FUSTER: I thank you. We shall continue. This first photograph of the -series, intended to show the populations who their real enemies were, is -entitled, “Fake always comes out of the same spot.” The enemy aimed at -is England. The caricature shows by means of birds with human heads that -the voice of the Free French is only a big story, symbolized by Masonic -signs or emblems of the Jewish religion. The placards attached to these -birds and which appear to defy these slogans of British propaganda are -rather entertaining to read now: “The Germans Take All” and “We Have the -Mastery of the Seas”—it refers to the Allies. - -Another photo—we are still dealing with anti-British propaganda. It is -a favorite theme of German propaganda. This photo is entitled, “Thanks -to the English, our Road to Calvary.” It tries to prove to the French by -recalling certain historical events, that the English have always been -the cause of French sufferings: Joan of Arc, Napoleon, the war of -1939-40 are the principal themes exploited by means of the poster. - -This one now represents the English hydra which is encircling Africa; -but it is mercilessly beheaded in Germany, in Norway, and rather oddly, -in Syria. The text of this poster reads, “The hydra is still being -systematically decapitated.” - -Poster Number 6 has the following text, which is almost invisible here: - - “The ally of yesterday, great promises before the war: No help - during the war. Retreat and flight of the English Expeditionary - Force. Bombardment of French cities and blockade after the - debacle. Let us be done with it!” - -Poster Number 2, which is also anti-British, is constructed on the same -model. There are three parts, “Yesterday, Today, Tomorrow.” - -The Germans developed not only the theme of Anglo-Saxon greed which they -represented by a hydra or a bulldog, but also the theme of the prestige -of the occupied countries at sea. On this point we show photographs of -French and Norwegian posters. - -This poster is entitled, “You won’t catch anything with that De Gaulle, -Gentlemen!” British corpulence and Jewish capitalism bulge out from a -fishing boat stopped by the coastal guns of Dakar. - -The style of the wording and the sailor’s gesture are purely German. A -Frenchman would have said, “With that Gaulle (fishing rod),” and the -allusion would have been clear enough. - -Poster Number 9 invites enrollment in the German Navy, “The Time Has -Come to Free the Seas.” - -Here is a Norwegian poster: “Defend Norway. Enlist in the German Navy.” -The inscription might apply, firstly, to all the services of the German -uniformed police; secondly, to all the commands of the German Wehrmacht; -thirdly, to German harbor masters and port control officers; fourthly, -to the commander of the SS Reserve Corps of Norway in Oslo, _et cetera_. -Another Norwegian poster, with the following title, “All for -Norway. . . . Help from England.” This poster tries to prove to the -civilian population that ruin, fire, and devastation are the only -benefits of the English alliance. - -The second enemy, America, is the subject of the posters we are going to -show now. - -Poster Number 11—“The American Press: 97 percent in the hands of the -Jews.” That allows the Germans to kill two birds with one stone: The -Jews and America. - -Poster Number 12—in the middle of this poster is the inscription, “They -Wanted War,” and the persons concerned are represented by six -photographs. These persons, who were responsible for the war, are not -any of the men whom you see in the dock, but six Americans: magistrates, -officials, men in the public eye. Their names were not familiar to the -French public, who had rarely seen them on the screen, except for Mr. La -Guardia. Those who read articles on economics knew of Mr. Morgenthau; -but it was difficult to persuade the French that Messrs. Baruch, -Frankfurter, Wise, and Lehman were the instigators of the present war, -and Hitler and Göring the victims. As I have said, however, Nazi -propaganda did not shrink from any improbability. - -The photo Number 13 is more picturesque. It shows both sides of a dollar -bill and consists of two lines separated by a Masonic star with the -inscription, “A dollar has no value unless signed by Morgenthau.” Here -are the texts of the inscriptions showing the imagination of the Nazi -authors in this matter. On the left-hand side we read: - - “The Minister of the Treasury is Jew Morgenthau Jr., related to - the great racketeers of international finance. All the Jewish - attributes are found on this dollar: the Eagle of Israel, the - triangle, the Eye of Jehovah, the 13 letters of the motto, the - 13 stars of the aureole, the 13 arrows, the 13 olive branches, - the 13 steps of the unfinished pyramid. This money is Jewish - indeed.” - -And on the right-hand side: - - “This dollar paid for the Jewish war, the sole message which the - Anglo-Americans can address to us. Will it be enough to repay us - for the misfortunes arising from that Jewish war? The money does - not stink but the Jew does.” - -Number 14—“Mr. Churchill and Mr. Roosevelt are dividing Africa.” - -Number 15—this is anti-Semitic propaganda properly speaking. We have -already seen it mingled with anti-British and anti-American propaganda. -This photograph shows children of a French technical school who were -taken to an anti-Jewish exhibition and given anti-Jewish pamphlets to -read. - -Number 16—“Behold the Jewish invasion.” France is gnawed by a -symbolical hydra and figures are scrawled across her. “In 1914, 200,000 -Jews; in 1939, 800,000 Jews, without mentioning the half-Jews.” - -Number 17—“For the Jews the right to live; for us the right to croak. -Beneath the recriminations of all-enveloping Jewry, the crosses of the -daily growing number of war victims are lined up.” This propaganda aims -on the one hand at collecting the Jews into a compact mass and isolating -them, and on the other hand, at arousing the hatred of the remainder of -the population against them. It aims at dividing France. - -Number 18—finally, we see the terrible Russian foe. A tortured human -beast is hauling a barrow-load of stones while a monster in uniform -lashes him with a knout or nagaïka and threatens him with a revolver. -This picture was first intended for inclusion in a composite picture -entitled “The Workers’ Paradise.” This gives it additional interest; but -owing to the lack of time, the poster was put out just as it was. We -submit the plans for the entire project as Document Number RF-1151. - -Number 19—this is a lovely Norwegian poster: “No” in the form of a -flash of lightning strikes against the Russian hand which attempts to -tear the national flag. - -Number 20—“Never!” A romantic picture reminiscent of certain Russian -pictures of the last century. Death escorts a train of deportees. The -Nazis showed something which they knew well! - -Number 21—a final picture concerning Russia, “What Bolshevism would -bring to Europe.” Scenes of mutilation, infanticide, rape, hangings, -murder—exactly what the Nazi movement brought to Europe! However, this -Europe must realize her good fortune in being led by the Führer, must -realize her strength and her unity, in order to fight victoriously -against the barbarous enemy. - -And here is a photograph of a poster, “A Leader and His People.” Hitler -is depicted as endowed with every charm: sweetness, simplicity, -understanding, while the text, unreadable on the reproduction, recalls -that he, Hitler, is the unknown soldier of the first war. We call the -Tribunal’s attention to the photo. - -THE PRESIDENT: Could you let the Tribunal know how much longer you are -likely to be? - -M. FUSTER: About 10 minutes, Mr. President. - -THE PRESIDENT: You may continue. - -M. FUSTER: In the photograph to the left, Hitler is shaking a little -girl’s hand and we read underneath, “The Little Congratulator.” This -term, which is not French, betrays the origin of the document. - -Here is a poster—Number 23—which was widely circulated in France: “I -work in Germany for my family and for France. Do as I do.” - -Number 24—“1918 to 1943—History Speaks. 1918—The Debacle. 1943—The -Great Unity.” This poster is the counterpart of the inscriptions which -patriots used to write on the walls in France. The German defeat was -rapidly approaching; and they could hope that the end of the year 1943, -like the end of the year 1918, would bring the final victory. The Nazis -were unable to make any reply to these crushing communiques except by -issuing denials and posters like this, affirming the great unity of -Europe. - -Number 25—here is a poster which combines the productive and fighting -forces, “The best workers make the best weapons for the best soldiers.” - -Number 26—finally propaganda attains the level of the conflict of -political doctrines, “Socialism against Bolshevism or a free Europe.” - -Number 27—religious doctrine. This is a Norwegian poster which makes -fun of the Anglo-Russian alliance. It is entitled, “A Blessed Meeting.” -An Anglican bishop, armed with a phosphorous bomb, presents a cross -symbolizing Finland to Pope Stalin. Stalin accepts it with eyes lifted -to heaven and a machine gun in his arms. A placard says, “Christianity -is introduced into the country of the Soviets,” and the motto says, “My -dear brother, we wish to strengthen your faith with these beautiful -crosses.” - -Number 28—“Anti-Christ: Communism, the scourge of civilization. -Bolshevism against Europe. International Exhibition, 12 July to 15 -August 1941.” The Nazis pose as the defenders of Christianity. - -Number 29—and to conclude, this is what the defenders of Christianity -did to the Church of Oradour-sur-Glane. - -We have now finished showing the films. We have taken the liberty to -submit to the Tribunal a few pictures forming concrete illustrations of -a tendency whose spiritual character makes it perhaps more difficult of -recognition but whose importance is considerable. In treating an -emotionally subtle theme of this kind, we have used pictures in -preference to words, since pictures can make clear in an instant -something which it takes time to put into words. In this way we hope we -have contributed towards making plain the truth. - -THE PRESIDENT: The Tribunal will adjourn until 10 minutes past 2. - - [_The Tribunal recessed until 1410 hours._] - - - - - _Afternoon Session_ - -MARSHAL: May it please the Court, I desire to announce that the -Defendant Kaltenbrunner will be absent until further notice, on account -of illness. - -M. FAURE: Mr. President, I shall now take up the last chapter of my -brief, which is devoted to the organization of criminal activities. I -shall begin this last chapter by quoting a few words spoken by -Monseigneur Piguet, Bishop of Clermont-Ferrand, in the course of a -pontifical Mass on Whit Sunday, 20 May 1945. Monseigneur Piguet had just -been liberated from the concentration camp to which he had been sent by -the Nazis. He said: - - “The criminal institutions of which we have been witness and - victim bear within themselves all the scourges of barbarism and - old-time servitude systematized and applied by a new method - capable of increasing human misery by the whole range of modern - scientific possibilities.” - -The evidence that I intend to present to the Tribunal with regard to the -occupied countries of the West bears upon this aspect of the -systematizing of German criminal enterprises. We have said that -Germanization did not consist in the particular fact of the imposition -of German nationality or of German law, but in the general imposition of -the standards established by the Nazi regime, and in a general way, of -its philosophy. This aspect of Germanization implies criminal activity -at once as a means and as an end—as a means, because the criminal means -is very often highly effective, and we know that Nazism professes -indifference in regard to the immorality of the means; as an end, on the -other hand, since the final organization of Nazi society postulates the -elimination of elements hostile to it or which it regards as -undesirable. Under these conditions the criminal activities therefore do -not appear as accidents or regrettable incidents of war and of -occupation. They must not be ascribed to un-coordinated action on the -part of subordinates due to overzealousness or lack of discipline. - -As the elimination of adversaries is recommended in principle, it will -be carried out in fact by the normal and regular functioning of the -administrative apparatus. If Nazism has a philosophy of criminal action, -it also has, properly speaking, a bureaucracy of criminal activity. - -The will which inspires this action is transmitted from one to another -of the chief and secondary centers of the state organism. Each of the -misdeeds or series of misdeeds of which we have told you already or -shall do so again, assumes the existence of a whole series of -transmissions: orders passed by superiors to inferiors, requests for -orders or reports passed by inferiors to superiors, and finally the -relations maintained between corresponding echelons of different -services. This administrative organization of criminal activity appears -to us a very important datum for the determination of responsibility and -the proving of the charges formulated in the Indictment against the -higher leaders and against the group organization. - -The responsibility of any one of these superior leaders in regard to a -determined criminal activity does not, indeed, require that an exhibit -or a document signed by the person himself be produced or that it should -involve him by name. The existence or non-existence of such a document -is a matter of chance. - -The responsibility of the higher leader is directly established by the -fact that a criminal activity has been carried out administratively by a -service at whose head we find this leader. - -This is all the more true in the case of a criminal activity pursued -over a long period of time, affecting a considerable number of persons -and whose development has given rise to a series of complications, of -consultations, and of solutions. There is in every graded state service -a continuous circuit of authority which is at the same time a continuous -circuit of responsibility. Moreover, concerning charges made against -organizations described as criminal organizations, their criminal nature -springs from the very fact that their activity produces criminal results -without there being any lack of knowledge or modification of the normal -rules of competence and of functioning of their different organisms. - -The collaboration which develops with a view to such an end between a -series of agents belonging to the organization both vertically between -the upper and lower grades and horizontally between the different -specialist departments implies no less forcibly the existence of a -collective criminal intent. - -I shall speak first of the persecution of persons qualified as Jews by -the German code. The Tribunal already knows from other evidence the Nazi -doctrine on the subject of Jews. The historians of the future will -perhaps be able to determine how much of this doctrine was the result of -sincere fanaticism and how much was the result of premeditated intent to -deceive and mislead public opinion. - -It is certain that the Nazis found the theories which led them to -undertake the extermination of the Jews extremely convenient. - -In the first place, anti-Semitism was an ever accessible means of -averting public criticism and anger. Moreover, it was a method of -psychological seduction that was very cleverly calculated to appeal to -simple minds. It made it possible to give a certain amount of -satisfaction to the most needy and underprivileged person by convincing -him that he was nevertheless of a superior quality and that he could -despise and bully a whole category of his fellow men. Finally, the Nazis -obtained for themselves by this means the possibility of whipping up the -fanaticism of their members by awakening and encouraging in them the -criminal instincts which are always latent to a certain extent in the -souls of men. - -Indeed, it is a German scientist, Feuerbach, who developed the theory -that disposition to crime does not necessarily proceed from long -preparation. The criminal instinct present may spring to life in an -instant. The Nazis gave to the elite of their servants the possibility -of giving free rein to any inclination they might possess for murder, -looting, the most atrocious actions, and the most hideous spectacles. In -this way they fully assured themselves of their obedience and of their -zeal. - -In order to avoid repetition, I shall not speak in detail of the great -sufferings endured by the persons qualified as Jews in France and in the -other countries of western Europe. I should like simply to indicate here -that it also caused great suffering to all the other inhabitants of -these countries to witness the abominable treatment inflicted upon the -Jews. Every Frenchman felt a deep affliction at seeing the persecution -of other Frenchmen, many of whom had earned the gratitude of the -fatherland. There is no one in Paris who did not feel deeply ashamed to -learn that the dying Bergson had to be carried to the police commission -to satisfy the census requirements. - -THE PRESIDENT: M. Faure, you will forgive my interrupting you, but the -Tribunal feels that what you are now presenting to us, however -interesting—and it is interesting—is really an argument and is not -presenting evidence to us. And as we have already heard an opening on -behalf of the United States, an opening on behalf of Great Britain, and -an opening on behalf of France, we think that you really ought to -address yourself, if possible, to the evidence which you are presenting, -rather than to an argument. - -I feel sure that, with your readiness to meet the wishes of the Tribunal -in expressing your presentation, you will perhaps be able to do that. - -M. FAURE: I understand perfectly the feeling of the Tribunal. I simply -intended to say a few words referring to the feeling shown by Frenchmen -in regard to these persecutions. But these words have now been spoken, -and I have just arrived at the object of the demonstration which I am to -present to the Tribunal with the documents. To show the Tribunal that -the spirit of my presentation is in accordance with the requirements of -the Tribunal, I should like to indicate that I am not presenting in this -brief any document which constitutes an individual story or even a -collective story, and no document which comes from victims themselves, -or even from impartial persons. - -I have tried to select only a certain number of German documents in -order to furnish evidence of the execution of a criminal enterprise -consisting in the extermination of Jews in France and the western -countries. - -I should like to observe first of all that the Nazi persecution of the -Jews included two sets of actions. This is important from the point of -view of the direct responsibility of the defendants. The first category -of actions is that resulting from the actual texts of laws and -regulations and the second category is that resulting from the way in -which these were applied. - -As regards the texts of laws and regulations, it is evident that these -texts, which were issued by the German authorities—either military -authorities or commissioners of the Reich—constituted particularly -flagrant violations of the sovereignty of the occupied countries. - -I do not think that it is necessary for me to present these laws and -regulations in detail, for their main features are common knowledge. In -order to avoid reading, I have had two tables drawn up and these are -before the Tribunal in the document book, although they are not -documents properly speaking. These documents are to be found in an -appendix. I should like to explain what the two tables in this appendix -show. The first table, in the left-hand column, is arranged in -chronological order; the other columns indicate the names of the -different countries. The Tribunal will find arranged in chronological -order the measures taken against the Jews in different countries. - -The second table classifies them according to subject—the concept -“Jews,” economic measures, bullying and petty irritations, the yellow -star—and you will find in this table appropriate texts, arranged -according to subject. - -I likewise present in the form of documents under Document Number -RF-1200 a certain number of decrees which were issued in France -concerning the Jews, and as these decrees are public acts I shall simply -ask the Tribunal to take judicial notice of them. - -I must now make this observation: These texts, taken as a whole, -considerably lowered the status of the Jews. Yet there are no texts in -existence of German decrees ordering the mass deportation or murder of -Jews. On the other hand, you must remember that this legislation was -developed by progressive stages up to 1942, after which a pause ensued. -It was during this pause that, as we shall see, genuine administrative -measures for the deportation and consequently for the extermination of -the Jews were introduced. - -This leads us to consider the fact that we are not dealing with two -separate actions—the legislative action, to be ascribed to the military -authorities, and the executive action, to be ascribed to the police. -This point of view, which regards the military authority only as the -author of the decrees and, therefore, as bearing a lesser degree of -criminal responsibility, would be false. In reality we are looking at -the development of a continued action which employs by turns different -means. The first means, that is to say, the legislative means, are the -necessary preparatory measures for putting into force the other, or -directly criminal means. - -In order to put into practice their plan of extermination, the Nazis had -first of all to single out the Jewish elements in the population and to -separate them from the rest of the population of the country. They had -to be able to find the Jews easily and to find them with decreased -powers of self-defense and lacking in the material, physical, and -intellectual resources which would have enabled them easily to avoid -persecution. - -They had to be able to destroy the whole of this doomed element of the -national community at a single blow, and for this reason they had first -to put an end to the constant interweaving of interests and activities -existing between all the categories of the population. The Germans -wished to prepare public opinion as far as possible; and they could -succeed in this by accustoming the public to no longer seeing the Jews, -as the latter were practically forbidden to leave their houses. - -I shall now present to the Tribunal a few documents bearing on this -general extermination deliberately undertaken by the Nazis. I shall -first present a series of documents, Documents RF-1201, 1202, 1203, -1204, 1205, and 1206. I present these documents with reference to a -particular question, the emigration of the Jews who tried to leave the -occupied territories. - -Inasmuch as the Germans made their desire to get rid of the Jews -apparent in every way, it would seem logical for them to look favorably -on the solution offered by emigration. On the contrary, as we shall see, -they forbade emigration and did so by a permanent measure of general -application. This is a proof of their will to exterminate the Jews and a -proof of the ferocity of the measures employed. Here, to begin with, is -Document Number RF-1201. These documents are submitted to the Tribunal -in a series of photostatic copies for each member. - -Document Number RF-1201 is a letter of 22 July 1941 emanating from the -Bordeaux service and requesting certain instructions from Paris. I wish -to read the beginning of this message: - - “It has just been established that about one hundred and fifty - Jews are still in the territory of the District Command of St. - Jean de Luz. At the time of our conversation with the District - Commander, Major Henkel, the latter asked that these Jews should - leave his district as quickly as possible. At the same time, he - pointed out that in his opinion it would be far better to allow - these Jews to emigrate rather than to transfer them to other - departments or even to concentration camps.” - -Here is the reply to this telegram. It is Document Number RF-1202, dated -26 July 1941. The second sentence: - - “We do not approve Major Henkel’s point of view as the Reich - Security Main Office has stipulated again in a decree the - principle that the emigration of Jews residing in the occupied - territories of the West, and if possible also of those living in - Unoccupied France, is to be prevented.” - -Here is an exhibit which I submit as Document Number RF-1203 and which -comes from the Military Command in France under date of 4 February 1942. -We are no longer dealing with the SS but with the Military Command. - - “The Reichsführer SS and Chief of the German Police at the - R.M.d.I. has given orders that the emigration of Jews from - Germany or the occupied territories has to be prevented, on - principle.” - -The rest of the letter indicates that exceptions may be made. This -document establishes the collaboration between the Army and the police, -the Army assuring the execution of the orders given by the Supreme Chief -of Police. - -I now submit Document Number RF-1205. This document relates to the same -subject, but I nevertheless submit it because it shows the intervention -of a third German authority, the diplomatic authority. This is a note of -the German Consulate General of Casablanca. I read the first sentence: - - “The number of European emigrants hitherto leaving Casablanca - for the American continent only at long intervals has greatly - increased during the last month. On 15 March . . .” - -The rest of the letter indicates that these are Jewish emigrants. - -Document Number RF-1204, which is joined to this one, constitutes a new -report to the same effect from the Consulate General Casablanca, under -the date of 8 June 1942. I read the last paragraph of this document: - - “The emigrants leaving Casablanca are, for the most part, Jewish - families from Germany and Central Europe and also some French - Jews. There is no reason to suspect that young people fit for - military service have left Casablanca with the avowed intention - of entering military service on the side of the enemy. It is - left to your discretion to inform the military authorities about - this.” - -I have quoted this document to show that there was no question of a -military emigration which they would have had an interest in preventing, -and also to show that this document would normally have concerned -firstly the German Embassy, to which it was addressed, and secondly the -military services which it suggests should be informed. - -Now, what is the sequel to these two communications? The sequel is shown -by Document Number RF-1206, of which the two documents just read -constitute appendixes. This Document RF-1206 emanates from Berlin, from -the Reich Security Main Office, and is addressed to the Chief of Police -for France and Belgium. - - “Attached are two copies of confidential reports from the German - Consulate General in Casablanca to the Ministry of Foreign - Affairs for your information. - - “You are asked to give your special attention to the state of - affairs described and to prevent, as far as possible, an - emigration of this kind.” - -I therefore draw three conclusions. Firstly, as I have indicated, the -Nazis opposed the emigration of the Jews, although they claim that they -are undesirable. Secondly, this decision was made at a higher level and -with a general application. Thirdly, all the services, the police, the -Army, and the Department of Foreign Affairs intervened to ensure the -execution of these barbarous orders. - -I now present to the Tribunal Document Number RF-1207. This document is -a voluminous German report. It is in fact 70 pages in length. It was -found in the German archives in Paris. This document is interleaved with -a series of graphs, drawings, and models of census cards. It is -mimeographed, and the copy which we present does not bear the author’s -signature, but simply the indication “SS Obersturmführer.” This is -Obersturmführer Dannecker, who played an important role in regulating -Jewish questions in France and who was chief of this bureau. - -THE PRESIDENT: That fact which you have just stated to us, has that been -verified by the French authorities, namely, that it was a captured -document in Paris? - -M. FAURE: According to the report submitted to the Tribunal, we took -possession of these documents at the archives of the Sûreté Nationale. -They were among the documents found in the German offices at the time of -the liberation. Besides, I point out to the Tribunal that the other -documents produced do bear the signatures of the German officials. This -report is the only document without a signature. The fact that it was -written by Dannecker will be proved by other documents, which constitute -a résumé of it. - -I shall not read to the Tribunal the 70 pages of this report, but I -should like to read certain paragraphs which I think may interest the -Tribunal. Here is the first page. To begin with, it is entitled, “The -Jewish Question in France and Its Treatment. Paris, 1 July 1941.” First -page: - - “Final solution of the Jewish question—this is the heading and - the goal for the work of those services of the Sipo and SD which - are handling the Jewish problem in France. It has always been - clear that practical results cannot be achieved without a study - of the political situation in general as well as of the - situation of the Jews. - - “The following pages, next to giving a general draft of our - planning, are to explain the results achieved up to now as well - as the immediate aims. - - “Everything touching the principle must be considered from the - following point of view: Since the chief of the Sipo and SD has - been charged by the Führer with preparing the solution of the - Jewish question in Europe, his offices in France are to carry - out the preliminary work in order to be able to serve abroad as - the absolutely reliable agents of the European Commissioner for - Jewish Affairs, at the appointed time.” - -I shall now point out to the Tribunal the chief headings of the -paragraphs in order to pursue the development of the idea and of the -operations of this German office. - -THE PRESIDENT: I was considering, M. Faure, why this document has not -got any identifying mark upon it. I mean, of course, we do not doubt for -an instant what you say to us is true, but at the same time it is not -the correct way to do it—for us to have to rely on counsel’s statement -as to the nature of the evidence. And there is nothing on the document -itself to show that it was captured in Paris or to show what it is -except what it states. - -M. FAURE: Mr. President, the joining of this document to the file of the -French Prosecution was done by a report made in Paris, which I shall -present before the Tribunal, because as this report concerns a certain -number of documents, it was not especially joined to the file of this -particular document. On the other hand, when I received these documents -from the police, I did not wish to write anything on the document or to -place it under a seal, for I wished to avoid altering the normal -appearance of the document in any way. - -I must state that if the Tribunal prefers not to receive this document -inasmuch as I do recognize that it does not bear a signature, I shall -not submit the document for I have a second report by Dannecker which is -signed by him. I submitted both in order to make clear the continuity of -the operation. - -THE PRESIDENT: M. Faure, in the case of the documents presented by the -United States, the captured documents by the United States, as Sir David -Maxwell-Fyfe reminded us the other day, there is an affidavit, I think, -of Major Coogan, which states that all those documents of a certain -series, PS, L, R, and various other series, were all captured in Germany -by the United States forces. If there were such an affidavit with -reference to documents captured in Paris which might be identified by -some letter such as PS or some letter similar to that, the matter would -seem to us to be in order. But when a document is presented to us which -has no identifying mark upon it at all, we are then in the position -which we are in now of simply hearing the statement of counsel, which, -of course, is not evidence that the document was found in Paris or found -somewhere else; and therefore it occurs to me that one way that it might -be dealt with would be an affidavit by somebody who knows the facts that -this document and any other documents of a similar sort were captured in -the archives of the German forces in Paris or elsewhere. - -M. FAURE: I could very easily produce before the Tribunal the affidavit -which it requests. I say that if we do not have it in this form it is -because our habitual procedure is not exactly the same as that which may -be followed in the United States. In fact, as the Charter of the -Tribunal indicates that the Prosecution was charged with the collection -of evidence, we ourselves have authorized magistrates in our service to -look for documents in the archives of the police and if the Tribunal -wishes I shall ask the police in addition for attestation of the seizure -of these documents in the German archives. I shall then ask the Tribunal -to allow me to produce this affidavit in a few days’ time, so that I can -ask the police for it. - -THE PRESIDENT: M. Faure, the Tribunal think that we might admit the -document, subject to your undertaking that you would do that in the -course of a day or two. - -M. FAURE: I cannot guarantee that I will have this document in a day or -two. - -THE PRESIDENT: I wasn’t stressing the number of days. If you will -undertake to do it that is sufficient. - -M. FAURE: Certainly, Mr. President. I shall go on then with the analysis -of the Dannecker report. The first chapter is called, “History of the -Jews in France.” I shall not read it. It includes a series of ideas on a -very elementary intellectual level. The following chapter is entitled, -“Organization of the Jews in France.” It includes a first part under the -heading, “Before 14 June 1940.” This part does not seem to me -interesting. The second part of this chapter is entitled, “Operations of -the Sipo and the SD (SS Einsatzkommando Paris) against these -Organizations and against Leading Jewish Personages.” The report comes -from the SS Hauptsturmführer Hagen. I think I might read the beginning: - - “From a study of the records collected in Germany, Austria, - Czechoslovakia, and Poland, it was possible to conclude that the - center of Judaism in Europe and with it the chief lines of - communication to overseas must be sought in France. Realizing - this, first of all, the offices of great Jewish organizations - already known, such as World Jewish Congress”—then follows an - enumeration—“have been searched and sealed.” - -Beginning with Page 14, the report attempts to demonstrate the existence -of a bond between Judaism and Catholicism. It presents the results of -searches made in the homes of various persons: The Rothschild family, -the former minister, Mandel, the press attaché at the British Embassy, -and other persons, including the lawyers Moro-Giafferi and Torrès. The -end of this chapter is as indicated, Page 16, last paragraph: - - “To sum up, we can say on the basis of the records which have - been collected, that France, where Judaism was linked with - Catholicism and with certain important politicians, was its last - bulwark on the continent of Europe.” - -The following section has the title, “Life of the Jews after the Entry -of the Germans.” The text describes the way in which the Germans created -a central and unified organization of the Jews and imposed it on them. -This is the beginning of the plan which I have just described to the -Tribunal, which consisted in singling out the Jewish elements in the -population, massing them together, and separating them entirely from the -rest of the population. I should like to read the first paragraph, for -the analysis of it is very important: - - “After the Armistice and the return to normal life it appeared - that almost all the Jewish associations had ceased to exist (in - the absence of responsible officials and financial supporters - who had fled into the unoccupied zone) while there was a growing - need for aid. The progressive German anti-Jewish legislation - caused a steady aggravation of the Jewish social problems. - Generally considered, these circumstances should have provided a - favorable ground in France for a Jewish all-round organization.” - -In this text there is a very subtle idea. We note that the German -legislation, that is to say, the legislation of the Military Command, -brought about a great aggravation of social problems; and we conclude -that this will facilitate the general organization of the Jews. This -reasoning confirms, I think, what I said to the Tribunal a while ago, -namely, that we were faced with a whole system of measures, the first of -which were intended to facilitate the separation of the Jewish community -which was to be exterminated. - -Dannecker then explains how a co-ordination committee was created. I -skip the details and come to Page 21, Paragraph 2: - - “An agreement has been made with the office of the Commander of - Greater Paris that, in the future, Jewish organizations may - address themselves to the German services only by way of the - Committee of Jewish Co-ordination. This resulted in an enforced - amalgamation of all minor Jewish organizations. - - “Moreover, an agreement has been made with the Paris Office for - National Relief (Bureau du Secours National) that, after the - expiration of a period of 4 weeks, no Jew can any longer be fed - and housed by National Relief. The S.N. will appoint a special - representative for controlling the co-ordination committee on - this matter. The blocking of Jewish accounts will compel the - Jews in the very near future to ask that the co-ordination - committee be authorized to receive gifts intended for it from - these blocked holdings. The granting of this request will - demonstrate the actual existence of an enforced Jewish union. - - “As can be seen this question too will be solved in the manner - desired, even if it is a ‘cold manner.’” - -The following chapter bears the title, “Political Activities of the -Office for Jewish Affairs of the Sipo and of the SD.” I should like to -read some passages from this: - - “After the promulgation of the Jewish statute of 3 October 1940 - by the French Government, a certain slowing-down occurred in the - handling of the Jewish question in France; and for this reason - the Office for Jewish Affairs worked out plans for a Central - Jewish Bureau. The plan was discussed with the military - administration on 31 January 1941. The latter showed no - interest; and, as the question was a purely political one, it - was referred to the SD in agreement with the German Embassy.” - -This is followed by an analysis of various discussions with the French -Commissioner Vallat, with Ambassador Abetz, and with De Brinon and -indicates the various demands presented by the Germans to the French -authorities. I pass now to Page 26, the last paragraph: - - “The proposal of the Office for Jewish Affairs has been referred - to SS Brigadeführer Dr. Best by SS Obersturmbannführer Dr. - Knochen. This proposal suggests that a liaison office ought to - be created which should comprise the representatives of the four - offices cited above. The management was to be in the hands of - the Director of the Office for Jewish Affairs of the SD in - compliance with the rules stipulating the competency of the OKW, - the OKH, and the Commander in France. As a result of this - suggestion, a conference was held on 10 June 1941. Those who - attended were: Ministerial Counsellor Dr. Stortz for the - Commander in France”—then German titles follow which have not - been translated into French and which are a little hard for me - to read—“Dr. Blancke, (Economic Service), Counsellor to the - Embassy Dr. Zeitschel (German Embassy), and SS Obersturmführer - Dannecker. The representatives of the military administration - stated clearly that the competence of the SD resulted from the - decrees of the OKW and of the OKH as well as from the last - confidential decree of 25 March 1941 of the Commander in France. - Dr. Stortz declared that for various reasons it would be better - to abstain from creating a special liaison bureau, under the - direction of the SD. SS Obersturmführer Dannecker explained for - his part that we are concerned with the final solution of the - question only; and, therefore, the SD must have the possibility - of carrying out the orders given by the RSHA.” - -THE PRESIDENT: M. Faure, can’t you summarize this? It is a very long -document, and we have so many documents and so much evidence in -connection with the Jews already. - -M. FAURE: I shall simply read one sentence on the same page: - - “The result of the conference was the decision to meet every - week at the Office for Jewish Affairs. In the course of these - meetings they would discuss in common all their aims, - experiences, and objections.” - -I think it is interesting to note these regular conferences held every -week and in which representatives of the military services, the embassy, -and the police took part. - -The following pages of the report can be passed over. They contain -remarks about Vallat, notes relating to the establishment of files -concerning the Jews, and an analysis of the German ordinances. This is -important as showing that these ordinances have their place in the -general plan. Dannecker likewise speaks of the Anti-Jewish Institute, -and observes that this institute was financed by the German Embassy. - -The report goes on to give statistical notes and concludes with a -statement of which I shall read only one paragraph: - - “I hope I have succeeded in giving an idea of the present - situation, and a summary of the manifold difficulties which had - to be surmounted. I cannot help but acknowledge in this - connection the really friendly and thorough support which has - been given to our work by Ambassador Abetz and his - representative, Minister Schleier, as well as by SS - Sturmbannführer and Counsellor to the Embassy Dr. Zeitschel.” - -To meet the desire of the Tribunal, I shall not submit all the documents -included in my document file. I shall therefore pass now to Document -Number RF-1210. I have not submitted Documents RF-1208 and 1209. This -Document Number RF-1210 is a new report of Dannecker’s. It is dated 22 -February 1942. I submit it to show the regular and progressive character -of the activities of the German offices. This is a letter of the 22d of -February 1942. I shall read simply the headings, and I shall quote two -passages. - -The first heading is “Task of the Sipo and of the SD in France”; the -second is “Card Index of Jews”; the third, “French Commission for Jewish -Questions”; the fourth, “The French Anti-Jewish Police.” The fifth is -entitled “Activity.” I shall quote this paragraph: - - “Up to now three operations have been carried out against the - Jews of Paris on a large scale. On each occasion the local - office has been responsible for selecting the Jews who were to - be arrested, as well as for the preparation and technical - organization of the operations. The Jewish card index described - above has considerably facilitated the organization of all these - operations.” - -The next heading is “Anti-Jewish Institute”; next is “Compulsory Jewish -Amalgamation”; and finally “Tuesday Conferences.” I shall read Paragraph -2: - - “A conference has been held every Tuesday since the middle of - 1941”—Page 5 of the document—“attended by representatives of - the following offices: 1) Military Command, Administrative - Staff, Administrative Section; 2) Administrative Staff, Police - Group; 3) Administrative Staff, Economic Section; 4) German - Embassy in Paris; 5) Operations Staff West of Reichsleiter - Rosenberg. - - “The result of these conferences was that (of course, for very - rare exceptions caused by outsiders) the policy regarding Jews - in the occupied territories can be followed on absolutely - uniform lines.” - -THE PRESIDENT: We will break off now. - - [_A recess was taken._] - -M. FAURE: Gentlemen, in order not to prolong the discussion too much, I -should like, if it please the Tribunal, to submit as documents all the -documents in my book, but to read and analyze only some of the most -important. - -I shall then pass over Documents RF-1211, 1212, 1213, and 1214. I should -like, however, to draw the attention of the Tribunal to the end of the -mimeographed French text. As the letter “K” appeared on the document, -the word “Keitel” was written in, quite wrongly. I should like to say -that this does not occur in the document. I should like to read this -Document Number RF-1215, which is very short: - - “Secret—13 May 1942. To the Chief of Area A. - - “In accordance with instructions from OKH, Quartermaster - General, the words ‘dispatch to the East’ must not be used in - announcements referring to the forced evacuation of the - population, in order to avoid a defamation of the occupied - regions in the East. The same applies to the expression - ‘deportation,’ this word being too strongly reminiscent of the - banishment to Siberia at the time of the Czars. In all - publications and correspondence we must use the phrase ‘dispatch - for forced labor.’” - -Document Number RF-1216, which I offer in evidence now, is another -memorandum from Dannecker, dated 10 March 1942. The purpose of this -memorandum is defined as “Deportation from France of 5,000 Jews.” The -quotation of the title suffices to indicate the subject of the document. -Dannecker alludes to a meeting of the Office for Jewish Affairs, a -meeting which took place at the RSHA in Berlin on 4 March 1942 at which -it was decided that negotiations would be undertaken for the deportation -of 5,000 Jews from France. The memorandum specifies Paragraph 4, second -sentence: - - “Jews of French nationality must be deprived of their - nationality before being deported, or at the latest on the day - of the deportation itself.” - -In a subsequent passage of the document Dannecker explains that the -expenses of this deportation would have to be paid by the French Jews, -since in the case of impending mass deportations of Jews from -Czechoslovakia provisions had been made for the Slovakian Government to -pay a sum of 500 marks for each Jew deported and, in addition, to bear -the cost of deportation. - -I now offer in evidence Document Number RF-1217, which is a memorandum -of 15 June 1942 headed “Other Transports of Jews Coming from France.” It -is still dealing with the same operation, but I believe it is -interesting to submit these documents without reading them, since they -show the extremely complex and regular working of this administration -whose purpose was to arrest and deport innocent people. The beginning of -the memorandum alludes to a new conference held in Berlin on 11 June -1942 and attended by those responsible for the Jewish departments in -Brussels and The Hague, as well as by Dannecker himself. In the fourth -paragraph on Page 1 of this document I read the last sentence of the -paragraph, “Ten percent of Jews unfit for labor may be included in these -convoys.” This sentence shows that the purpose of this deportation was -not merely to procure labor, even if it involved labor to be -exterminated by work. - -I should like also to read the fifth paragraph, which contains only one -sentence: - - “It was agreed that 15,000 Jews should be expelled from Holland, - 10,000 from Belgium, and up to 100,000 from France, including - the unoccupied zone.” - -The last part of the memorandum relates to the technical execution. It -alludes first to negotiations with the transport service to obtain the -necessary trains. It then alludes to the necessity of inducing the _de -facto_ French Government to take steps to deprive of their nationality -all Jews resident outside of French territory. This would mean that -deported Jews would no longer be considered as French citizens. Lastly -the French State was to pay the cost of transport and various expenses -connected with the deportation. - -I now present Document Number RF-1218, which is a memorandum dated 16 -June 1942, entitled “The Transportation of Jews from France: Subject, -Order from the SS Obersturmbannführer Eichmann to SS Hauptsturmführer -Dannecker, 11 June 1942.” The first three paragraphs of this memorandum -show that there was difficulty in transporting deportees, because of the -large quantity of railway stock necessary for the preparation of the -eastern campaign. I should like to read the last two paragraphs of this -letter: - - “We are now carrying out a large-scale reorganization of the - German transport agencies in France. The main feature of this is - that the numerous organizations existing hitherto will be taken - over by the Reich Ministry of Transportation, which will be - responsible for them. This reorganization, which was ordered - without notice, takes a few days to complete. Before that date - it is impossible to give approximate information as to whether - the transportation of Jews can be carried out in the near future - or at a later date, on the scale anticipated, or even - partially.” - -These remarks seemed to me interesting as defining the responsibility of -the Reich Cabinet. Such a large undertaking as the deportation of so -many Jews required the intervention of many different administrative -services, and we see here that the success of this enterprise depended -on the reorganization of transport on the responsibility of the Reich -Ministry of Transportation. It is certain that a ministerial department -of this kind, which is above all a technical department, intervened to -help carry out that general enterprise of deportation. - -I now submit Document Number RF-1219 which is a memorandum by Dr. -Knochen dated 15 June 1942. This memorandum is entitled, “Technical -Execution of New Convoys of Jews from France.” Not to take too much time -I shall read only the first paragraph of this memorandum: - - “To avoid any conflict with the operation in progress with - regard to ‘French workmen for Germany,’ mention will be made - only of Jewish resettlement. This version is confirmed by the - fact that the convoys may include entire families and therefore - the possibility is left open of sending at a later date for the - children under 16, who were left behind.” - -The remainder of the memorandum, like all these texts, which are so -extremely painful from a moral point of view, continues to discuss the -question of the deportation of the Jews in round figures as if all these -human beings were mere goods and chattels. - -I now submit Document Number RF-1220, which is a letter from the German -Embassy in Paris, from Dr. Zeitschel, dated 27 June 1942. I should like -to read this letter, which is thus expressed: - - “Following my conversation with Hauptsturmführer Dannecker on 27 - June, during which he stated that he needed, as soon as - possible, 50,000 Jews from the free zone for deportation to the - East and that something had to be done to support the operations - of Darquier de Pellepoix, the Commissioner General on Jewish - questions, I immediately informed Ambassador Abetz and - Counsellor Rahn of this matter. Counsellor Rahn is to meet - President Laval this afternoon and he promised to discuss with - him at once the handing over of these 50,000 Jews, demanding at - the same time plenary powers for Darquier de Pellepoix, in - conformity with the laws already promulgated, and the immediate - granting of the credits promised him. - - “As unfortunately I shall be away from Paris for a week, I - request, in view of the urgency of the question, that - Hauptsturmführer Dannecker contact Counsellor Rahn directly, on - Monday, 29 June, or Tuesday, 30 June, at the latest, to learn - Laval’s reply.” - -I thought it useful to read this letter, for it shows the responsibility -of the Ministry of Foreign Affairs and the Defendant Ribbentrop in this -abominable matter of handing over 50,000 Jews as required. It is quite -evident that such a step cannot be taken by a counsellor at an embassy -unknown to his minister and without the latter’s full knowledge and -consent. - -I submit now Document Number RF-1221. It is a memorandum dated 26 June -1942 of which I shall give only the title, “Directives for the -Deportation of Jews.” - -Now I come to Document Number RF-1222, of which I shall also read only -the title, “Conference with the Specialists for Jewish Questions of the -Security Police, Command of the Section IV-J on 30 June 1942. -Deportation to Auschwitz of Jews from the Occupied Territories.” - -In this memorandum Dannecker again alludes to the conference which took -place at the RSHA, according to which 50,000 Jews were to be -transferred. There follows a list of trains, the stations in which they -were to be assembled, and a request for reports. - -I now submit Document Number RF-1223. It is a memorandum, dated 1 July -1942, summing up a conference between Dannecker and Eichmann, who, as we -already know, was in Berlin but had to come to Paris on that occasion. -“Subject: Departmental Conference with SS Hauptsturmführer Dannecker, -Paris, Concerning the Impending Evacuation from France.” It still deals -with the preparation of the great operation envisaged. - -I now submit Document Number RF-1224, of which I read only the title and -the date, “4 July 1942: Directives for a Major Round-up of Jews in -Paris.” - -I now offer in evidence Document Number RF-1225, which is a Dannecker -memorandum dated 6 July 1942. Subject: “Deportation of Jews from -France.” It concerns a conference held with representatives of French -authorities. We see in the document the expression “Judenmaterial,” -which was translated in a roundabout way by the words “Jewish -livestock.” - -I now submit Document Number RF-1226. I should like to read, if the -Tribunal please, the first paragraph of this document which is very -revealing both in regard to the collaboration with the transport -services and the horrifying mentality of the Nazi authorities. The -memorandum is the sequel to a telephone conversation between the -signatory Röthke and the SS Obersturmführer Eichmann at Berlin: - - “The SS Obersturmführer Eichmann in Berlin telephoned on 14 July - 1942 about 1900 hours. He wished to know why the train provided - for the transport of 15 July 1942 had been cancelled. I replied - that originally the star bearers in the provinces were to be - arrested too but that by virtue of a new agreement with the - French Government only stateless Jews were to be arrested to - begin with. - - “The train due to leave on 15 July 1942 had to be cancelled - because, according to information received by the SD Kommando at - Bordeaux, there were only 150 stateless Jews in Bordeaux. There - was no time to find enough other Jews to fill this train. SS - Obersturmführer Eichmann replied that it was a question of - prestige. They had to conduct lengthy negotiations about these - trains with the Reichsminister of Transportation, which turned - out successfully; and now Paris cancels a train. Such a thing - had never happened to him before. The matter was highly - shameful. He did not wish to report it to SS Gruppenführer - Müller right now, for the blame would fall on his own shoulders. - He was reflecting whether he would not do without France as an - evacuation country altogether.” - -I now submit Document Number RF-1227, which gives statistics indicating -that up to the 2d of September 1942 27,069 Jews were evacuated and that -by the end of October a total figure of 52,069 might be reached. They -are anxious to accelerate the pace and to attack also the Jews in the -unoccupied zone of France. - -I now submit Document Number RF-1228. It is also an account of a -conference where there were invited representatives of the French -authorities. I should like to read only the last paragraph of this -document: - - “On the occasion of the meeting which took place on 28 August - 1942 in Berlin, it was stated that most of the European - countries are much nearer to a final solution of the Jewish - problem than France. In fact, these countries began much - earlier. We then must catch up with them in many matters between - now and 31 October 1942.” - -I now submit Document Number RF-1229 without reading it. It is a -memorandum by Dr. Knochen on this same subject of deportation dated 31 -December 1942. - -I now submit Document Number RF-1230, which is a memorandum dated 6 -March 1943, headed, “Ref: Present Situation of the Jewish Question in -France.” In the first part of this document, the deportations are stated -to have reached a total of 49,000 Jews as on 6 March 1943. This is -followed by a statement of the nationalities, which are extremely -varied, of a certain number of Jews who were deported in addition to the -French Jews. Paragraph 3 of this memorandum is headed, “Attitude of the -Italians with Regard to the Jewish Question.” I shall read only the -first and the last lines of this long paragraph: - - “The attitude adopted up to now in the French territory occupied - by Italy must be changed by all means if the Jewish problem is - to be solved. A few conspicuous cases. . . .” - -I break off the quotation here. These conspicuous cases were cases in -which the Italians opposed the arrest of Jews in the zone occupied by -them. - -I now read the last paragraph: - - “A.A. has been informed by the RSHA (Eichmann) about proceedings - of the Italians.”—A.A. appears to be the initials of the - Ministry of Foreign Affairs and this is confirmed by the - following sentence. I continue the quotation—“The Minister of - Foreign Affairs, Ribbentrop, meant to discuss, in negotiations - with the Duce, the attitude adopted by the Italians with regard - to the Jewish question. We do not yet know the results of these - discussions.” - -I shall not submit Documents RF-1231 and RF-1232. I pass then to the -last documents which I want to present to the Tribunal. These documents -relate more specifically to the deportation of children. - -I submit Document Number RF-1233, which is a memorandum by Dannecker -dated 21 July 1942. I shall read Paragraph 2: - - “The question of deporting children has been examined with SS - Obersturmbannführer Eichmann. He decided that as soon as - deportations to the Government General could be resumed, convoys - of children could be sent by rail. SS Obersturmführer Nowak - promised to arrange about six convoys to the Government General - at the end of August or the beginning of September, which may - comprise all sorts of Jews (also disabled and old Jews).” - -Now I offer in evidence Document Number RF-1234. It is a memorandum -dated 13 August 1942. Before pointing out the interest of this document -I remind the Tribunal that I have already submitted Document Number -RF-1219 and in that document there was a formula which I recall, namely, -“The possibility is left open of sending at a later date for children -under 16 who were left behind.” The Nazis wished to give the impression -that they deported entire families at the same time or at least that -they did not deport whole trainloads of children. To give this -impression, they invented a device which is wholly incredible unless you -actually see it in black and white: the mingling of children and adults -in definite proportions. I read Paragraph 4 of this Document Number -RF-1234: - - “The Jews arriving from the unoccupied zone will be mingled at - Drancy with Jewish children now at Pithiviers and - Beaune-la-Rolande, so that out of a total of 700 at least 500 - Jewish adults 300 to 500 Jewish children will be allotted. - According to instructions of the Reich Security Main Office, no - trains containing Jewish children only are to leave.” - -I read the next sentence too: - - “Leguay has been told that 13 trainloads of Jews would also - leave Drancy in September and that Jewish children from the - unoccupied zone could be handed over.” - -I now submit the last document of the series dealing with the Jewish -question, Document Number RF-1235. I am going to read it, as it is very -short. - - “6 April 1944, Lyons, 2010 hours. Subject: Home for Jewish - Children at Izieu, Ain. - - “The home for Jewish children, ‘Child Colony,’ at Izieu (Ain) - was raided this morning and a total of 41 children aged from 3 - to 13 were apprehended. Moreover, the arrest of the entire - Jewish personnel, numbering 10 in all and including 5 women was - successfully carried out. Money or other property could not be - seized. The convoy for Drancy will leave on 7 April 1944.” - -This document also bears a memorandum written by hand and couched in the -following terms: - - “Matter discussed in the presence of Dr. V. B. and - Hauptsturmführer Brunner. Dr. V. B. stated that in cases of this - kind, special measures were provided for the billeting of the - children by the Obersturmführer Röthke. The Hauptsturmführer - Brunner stated that he knew of no such instructions or plans and - that on principle he did not approve of such special measures. - In this case he would also follow the lines of the usual - regulations for deportation. For the moment I made no decision - affecting the principle in this respect.” - -For me what is even more striking and more horrible than the concrete -fact of removing these children is the administrative color given to the -proceedings, the report made through official channels, the meeting at -which different officials placidly discussed the matter as if it were -part of the normal business of the department. All the administrative -mechanism of the State—I am speaking of the Nazi State—was set in -motion on such an occasion and for such a purpose. It is a perfect -illustration of the word used by Dannecker in his report: “The cold -manner.” - -I now present the Tribunal with a continuation under the same head, -including a certain number of documents which have been collected in -order to show in accordance with our general line of presentation the -perpetual interference of the German administrative services. - -As I am a little behind my timetable, I shall give the numbers of only -those documents which I should like to offer in evidence and which I -have no time to describe. These documents will be numbered Documents -RF-1238 to 1249. - -I would like to read to the Tribunal only the document which bears the -Number RF-1243, which is interesting as showing the organic character -and the juridical claims of the German organizations. I shall quote a -few sentences from this document: - - “In the report made by the Chief of the Administrative Staff on - experience concerning the arrest from 7 to 14 December 1941 it - was proposed to evade the execution of hostages in the future by - having the death sentences passed through court-martial - proceedings.” - -I shall skip the following two lines and continue: - - “The reprisal will be carried out by pronouncing and inflicting - capital punishment on prisoners who would normally be sentenced - only to imprisonment, or else be acquitted altogether. To - influence the discretion of the judge concerning the meting out - of punishment for committing murder or sabotage would answer the - formalistic legal reasoning of the French.” - -I should like now, in the last paragraph of my presentation, to submit -documentary evidence in connection with criminal actions of which the -Tribunal has not yet been informed and which involve the personal -responsibility of certain of the defendants present here. I must remind -you that the criminal actions of the Nazis took extremely varied forms -which have already been put before the Tribunal at some length. A -particularly new and unusual manifestation of this consisted in causing -crimes to be committed by organized bands of murderers, who were -ordinary criminals, under conditions which made it appear as if these -crimes were committed by ordinary bandits or even by resistance -organizations which they tried in this way to dishonor. - -Such crimes were committed in all the occupied countries; but the -precautions taken, with good reason, to camouflage them sometimes make -it difficult to trace back the responsibility for these crimes to the -ringleaders, the leaders of the Nazi State. We were able to find this -evidence in the records of proceedings instituted in Denmark. All the -elements are contained in Danish reports of which we were able to get -possession only a short time ago. - -I can indicate the position very briefly. It concerns a series of -murders which were committed in Denmark and which were known as -“compensatory” or “clearing” murders. This definition is -explained. . . . - -Counsel for the Defense tells me that there is an error in translation -in the last document which I read—RF-1243. He says that “acquittal” is -not the correct translation of “Begnadigung.” As I do not know German, -it is quite possible that this error exists and that the word means -“pardon.” - -THE PRESIDENT: Which part of the document? - -M. FAURE: This error really exists. I hope the Tribunal will excuse me, -because there is a considerable amount of translation work. I shall read -line 14 of Document Number RF-1243: “. . . who would normally be -sentenced to imprisonment only or else be acquitted altogether.” -According to Counsel for the Defense that should be, “. . . who would -normally be sentenced to imprisonment only or else be pardoned.” The -construction of the sentence does not seem to be as good when this word -is used, which explains the error in translation if there was one. In -any case, I think it is sufficient to note the instructions given: The -imposition of “capital sentences” in cases where only a sentence of -imprisonment would normally have been justified. - -To come back to the subject I was discussing, I should like to make the -situation clear by reading the definition given in the Danish report. It -is found on Page 19 of the supplementary memorandum of the Danish -Government. This document was submitted last Saturday under Number -RF-901. As it is very bulky, I see that it is not included in the -document book but that the passages which I cite can be found in my -brief. - -The page numbers start again at the end of this brief, and I am now on -Page 3 in the last series of numbers. I quote Page 19 of the Danish -report: - - “From New Year 1944 onwards, a large number of persons, most of - them well known, were murdered at intervals which grew steadily - shorter. The doorbell would ring, for instance, and one or two - men would ask to speak to them. The moment they appeared at the - door. . . .” - -THE PRESIDENT: I do not have it. Is it in this dossier of the -administrative and juridical organization of the criminal actions? Under -which document? - -M. FAURE: It is not in the document book. It is in the dossier of the -brief. - -THE PRESIDENT: No. In the dossier? Which part of the dossier? - -M. FAURE: It is the last part of the dossier. The numbering of the pages -starts again after Page 76. If the Tribunal will turn to Page 76, the -page numbers begin again after that with Page 1. - -THE PRESIDENT: Yes, I have it. - -M. FAURE: I read from Page 19 of the report, the extract reproduced on -Page 3: - - “From New Year 1944 onwards, a large number of persons, most of - them well known, were murdered at intervals which grew steadily - shorter. The doorbell would ring, for instance, and one or two - men would ask to speak to them. The moment they appeared at the - door they were shot by these unknown persons. Or, someone would - pretend to be ill and go to a doctor during the latter’s - consulting hour. When the doctor entered the room, the unknown - shot him. At other times, unknown men would force their way into - a house and kill the owner in front of his wife and his - children, or else a man would be ambushed in the street by - civilians and shot.” - -I do not need to read the following paragraph. I go on reading at the -last paragraph on Page 19: - - “As the number of victims increased it was borne in upon the - Danes, to their amazement, that there was a certain political - motive behind all these murders; for they realized that in one - way or another the Germans were the instigators. - - “After the capitulation of the German forces in Denmark, - investigations by the Danish police established the fact that - all these murders, running into hundreds, were in reality - committed on the direct orders of the supreme authorities and - with the active collaboration of Germans who occupied the - highest positions in Denmark.” - -I end my quotation here and I shall summarize what follows: The Danish -authorities were able to clear up these criminal affairs, 267 in number; -and they are analyzed in the official Danish report and the documents -attached to it. These acts consisted not only in actual crimes but also -in other criminal activities, notably explosions. It was established -that all these acts were committed by bands, consisting of Germans and -some Danes, who constituted real groups of bandits but who acted, as I -am going to prove to you, on orders from the highest quarters. - -The Danish report contains in particular the detailed story of the -investigation made into the first of these crimes, whose victim was Kaj -Munk, the well-known Danish poet and pastor of a parish. The crime was -confessed by the men who carried it out. - -I summarize the document in order not to take too much time. The pastor -was taken from his home, forced into a vehicle, and killed on the -highway. His body was found next day with a sign pinned on it with the -words, “Swine, you worked for Germany just the same.” - -The Tribunal sees how many similar crimes were committed in the vilest -possible way. Now one of the first things discovered was that the -members of the gangs of bandits who committed these different crimes had -all received a personal letter of congratulation from Himmler. The text -of this letter, which was found on one of the murderers, constitutes -Appendix 14 of the Danish report; and, on the other hand, we have here -photostatic copies with Himmler’s signature. - -But these extraordinary crimes involve in the most incredible way other -persons responsible besides Himmler, himself. The Danish police were -able to arrest Günther Pancke, who exercised the functions of Chief of -Police in Denmark from 1 November 1943. - -The inquiry was established by the tribunal of first instance in -Copenhagen and is in the Danish report. It contains an account of the -interrogation of Günther Pancke on 25 August 1945. It is necessary for -me to read to the Tribunal an extract from this document, which involves -several of the defendants. I quote: - - “On 30 December 1943 Pancke and Best were present at a meeting - at the Führer’s headquarters attended by Hitler, Himmler, - Kaltenbrunner, General Von Hannecken, Keitel, Jodl, Schmundt, - and others. This agrees with Best’s diary for 30 December 1943. - There is a copy of this. A representative of the German Foreign - Office also attended; but Pancke does not remember his name nor - whether the person in question made a speech. During the first - part of the meeting, Hitler was in a very bad temper and - everything led one to believe that the information that he had - obtained concerning the situation in Denmark was rather - exaggerated.” - -I should like to skip the following page, which is not indispensable and -go on to Page 14 of my brief. In the passage which I am omitting, the -witness Pancke reports that he and Dr. Best advised that saboteurs be -fought in a legal way. He also points out on Page 14 that Hitler—I -quote—“ . . . was strongly opposed to the proposals of Pancke and Best, -declaring there could be absolutely no question of judging saboteurs -before a tribunal.” He then said that such methods would lead to those -condemned being considered as heroes. - -I resume the quotation on Page 15, Line 3: - - “There was only one way of dealing with saboteurs, namely, to - kill them, preferably, at the moment when the crime was - committed; otherwise, on arrest. Both of them received strict - orders from Hitler personally to start compensatory murders. - Pancke replied that it was very difficult and dangerous to shoot - people on arrest, as they could not be sure when the arrest was - made if the person arrested was really a saboteur. Hitler - demanded compensatory murders in the proportion of at least five - to one. In other words: Five Danes were to die for every German - killed.” - -The rest of the document shows that General Von Hannecken made a report -on the military situation. I shall read this paragraph, Page 16 of my -brief: - - “Moreover, General Keitel took part in the conversation; but he - confined himself to a proposal to reduce food rations in Denmark - to the same level as rations in Germany. This proposal was - rejected by all the three representatives in Denmark. As a - result, the meeting ended with Hitler’s express order to Pancke - to start compensatory murders and counter-sabotage. After this - meeting, Pancke had a conversation alone with Himmler, who told - him that he, Pancke, had now been told by the Führer, himself, - how to act and that he thought that he could rely on Pancke to - execute the order which he had received. It seemed that up to - now he had executed only those of Himmler. Pancke knows that - Best had a conversation with Ribbentrop immediately after the - meeting, but doesn’t remember the result.” - -The document then shows that these compensatory murders were carried -out, not in the proportion of five to one, but in the proportion of one -for one. It shows that reports on these compensatory murders were sent -to Berlin. - -I read on Page 18 of my brief, second paragraph: - - “Pancke explained that in his opinion these murders were decreed - deliberately by the supreme jurisdiction in Germany, as being - necessary for the protection of Germans stationed in Denmark and - Danes working for Germany; and so Pancke had to obey the order. - Bovensiepen stated the facts and made suggestions when subjects - of importance were raised. Pancke does not know whether - Bovensiepen selected his own subjects in every case or whether - in certain cases the subjects were selected by his subalterns; - but he, too, said that he was subjected to strong pressure from - the military side, especially from General Von Hannecken, - although General Von Hannecken was at first opposed to reprisals - by terror. Later still more pressure was exercised by Colonel - General Lindemann. When soldiers were killed or damage was - caused to military objectives, Pancke was immediately asked what - steps he had taken and what they were to report to general - headquarters, that is, to Hitler himself, from a military point - of view. Pancke had to give a satisfactory reply, and he also - had to take action.” - -I end my quotation here. General Pancke then explains how these terror -groups were organized. - -I must now say that the Danish police were also able to arrest Dr. Best, -the German plenipotentiary, and make an inventory of his papers. Among -them they found Dr. Best’s private diary. This diary has one leaf, dated -30 December 1943, which agrees with the information given in the -preceding testimony about the meeting held on 30 December 1943 in the -Führer’s tea house. This is at Page 21. - - “Lunch with Adolf Hitler, Reichsführer Himmler, Dr. - Kaltenbrunner, SS Obergruppenführer Mr. Pancke, Field Marshal - Keitel, General Jodl, General Von Hannecken, Lieutenant General - Schmundt, Brigade Lieutenant Scherff. Lunch and discussions on - the Danish question lasted from 1400 to 1630 hours.” - -Dr. Best was naturally interrogated on the subject. From official Danish -documents, extracts from which are found on Page 23 of my brief, it -appears that Dr. Best corroborated the note in his diary dated 30 -December which I have cited. With regard to the fundamental questions -concerned, here is what Dr. Best says at the bottom of Page 23: - - “Dr. Best does not remember whether Hitler, who spoke at - considerable length, said anything about compensatory murders - being carried out in the proportion of five to one. Himmler and - Kaltenbrunner agreed with Hitler. The rest of those present - apparently expressed no opinion. The names given by Best agree - with Pancke’s list.”—This is on Page 24—“The Ministry of - Foreign Affairs was not represented, so that Sonnleitner did not - attend the conference. After the conference, Dr. Best had a - conversation alone with Ribbentrop, to whom he explained what - had taken place. Ribbentrop shared his opinion that some protest - should be made against such methods but that after all, nothing - could be done.” - -It is proved, therefore, that the Defendants Kaltenbrunner, Keitel, and -Jodl were present at a department meeting where it was decided that -murder, pure and simple, should be organized in Denmark. The witnesses -certainly do not say that the Defendants Keitel and Jodl showed any -enthusiasm for this proposal, but it is established that they were -present and that they were present in the exercise of their functions -along with their subordinate, the military commander of Denmark. This is -a question of responsibility for several hundred murders abominable in -themselves but undoubtedly constituting only a small part of the crimes -implied by the Prosecution and carried out on millions of victims. I -think, however, that it is important to learn that the military and -diplomatic leaders knew and accepted the systematic organization of acts -of banditry and murders committed by professional killers who fled when -they had committed their crimes. - -The documents which I have just cited are the last of the series which I -wanted to present to the Tribunal. I shall not follow them up by -commentary. I think that there is so much monotony and at the same time -so many shades of variety in the innumerable crimes committed by the -Nazis that the human mind finds it difficult to grasp their whole -extent. Each of these crimes has in itself all the intensity of horror -and reflects the distorted values of the doctrine responsible for them. -If it be true that life has any meaning whatsoever, if there is around -and within us anything else than “sound and fury,” such a doctrine must -be condemned with the men who originated it and directed its -enterprises. - -THE PRESIDENT: Could you tell us what is proposed for tomorrow? - -M. FAURE: Tomorrow, M. Gerthoffer will, if it suits the Tribunal, make a -statement on pillage of works of art. A problem is involved here. For at -the time when this would normally have been done, we decided to dispense -with it, thinking that a reference to the American documents would be -sufficient. On consulting our American colleagues, however, it appeared -that they themselves relied on that part of the matter being presented -by the French Prosecution. So, if the Tribunal does not object to our -returning to the subject now, a statement will be presented to this -effect. - -On the other hand, one of the magistrates of the French Delegation -proposes to present a brief which recapitulates systematically the -charges against each of the defendants, according to the documents and -briefs submitted. - -THE PRESIDENT: I think the Tribunal would hope that the exposé on the -pillage of objects of art will be quite short because it must be -cumulative, because you will remember that we had at some stage of the -Trial presented to us 39 books, or 30, or some number of books of -objects of art which had been taken away from various parts of Europe -and France and all photographed by the Germans themselves; and, -therefore, any evidence which would now be given would be cumulative to -that spoliation. - -M. FAURE: That is why I asked the Tribunal whether it would agree to -this procedure; but at any rate, if the Tribunal considers that the -statement can be made, it will be only a very short statement which will -take about two hours. - -DR. ALFRED THOMA (Counsel for Defendant Rosenberg): If I understood M. -Faure correctly, he asked the Tribunal whether the confiscation and -plundering of works of art in France would again be dealt with tomorrow. -I should like to add that the American Prosecution has already declared -before this Tribunal that the question of the plundering of works of art -could not be dealt with again. Accordingly, I myself, representing -Rosenberg, and my colleague, Dr. Stahmer, representing Göring, took -steps to cancel the calling of witnesses whom we had planned to bring. -If, however, the French Prosecution intends to submit new material, we -must have these witnesses called again. For this reason, I should like -to ask the Tribunal to decide whether it is necessary for the -confiscation of works of art objects in France to be taken up once more. - -THE PRESIDENT: I think defendant’s counsel must be wrong in thinking -that the United States counsel said anything which meant that the French -Prosecution could not produce evidence with reference to the spoliation -of objects of art. I can’t think the United States had any authority to -do that and I had understood myself that this part of the Prosecution -had been omitted by one of the French Counsel on account of the request -of the Tribunal to shorten their argument. Was that not so? - -M. FAURE: That is quite true, Mr. President. Your interpretation is -exact. - -THE PRESIDENT: I think the Tribunal would wish that the presentation -should be made, if the French Prosecutors wish it; and it should be made -as shortly as possible. - -M. FAURE: Thank you. - - [_The Tribunal adjourned until 6 February 1946 at 1000 hours._] - - - - - FIFTY-SECOND DAY - Wednesday, 6 February 1946 - - - _Morning Session_ - -M. FAURE: If it please the Tribunal, M. Gerthoffer will now present the -brief concerning the pillage of works of art. - -M. CHARLES GERTHOFFER (Assistant Prosecutor for the French Republic): -The Economic Section of the French Delegation had prepared a report on -the pillage of works of art in the occupied countries of western Europe. - -We had thought, at the session of 22 January last, of waiving the -presentation of this statement in order to expedite the proceedings, -while holding ourselves at the disposal of the Tribunal should they -consider the presentation necessary. However, since then—on 31 -January—the American Prosecutor was good enough to inform us that the -Defendant Rosenberg intended to maintain that the artistic treasures -were collected only in order to be “protected.” - -We consider, from the documents which we are holding at the disposal of -the Court, that this cannot be a question of protection only but that -this was genuine spoliation; and I am at the Tribunal’s disposal to -prove this, in a statement which I shall make as brief as possible, -while offering in evidence the documents which we had already collected. -If the Tribunal wish, I can make this very brief statement. In any case, -I am at the disposal of the Tribunal. - -Mr. President, Gentlemen, the pillage of works of art has a cultural -significance to which I shall not refer again since it was the subject -of a statement presented by Colonel Storey on 18 December 1945. I shall -simply regard the subject from the economic point of view in order to -complete the report on the general spoliation of the western European -countries. - -As the Tribunal will realize, the leaders of the Reich primarily and -systematically seized works of art belonging to private individuals, -mostly under the pretext that these individuals were Jews, thus -procuring for themselves very valuable means of exchange. In Belgium, -Holland, Luxembourg, and France picture galleries, public as well as -private collections, ancient furniture, china, and jewelry were stolen. - -It was not a question of individual looting, of pillaging by soldiers, -such as is encountered in all wars and of which we still find examples; -this campaign of plunder was carried out in a systematic and disciplined -manner. The methods introduced varied in character. Personal judgment -and personal initiative could be exercised only insofar as they -contributed to the execution of plans already elaborated by the National -Socialist leaders before the month of June 1940. - -The official organization for pillaging was primarily Minister -Rosenberg’s Einsatzstab for the occupied territories of western Europe -and the Netherlands. If this organization was not the sole agent, it was -the most important one. Colonel Storey has already drawn the attention -of the Tribunal to this criminal behavior. - -The urge to seize works of art, as well as material wealth, underlies -the policy of National Socialist expansion. The behavior in Poland of -the Defendant Frank has already given sufficient proof of this. The idea -of protecting this valuable booty arose at the time of the invasion of -western Europe. From the very beginning, in their haste and their desire -to seize as much as they could, several parallel authorities would carry -out the confiscations, firstly by the military authorities, either -indirectly, as in Holland through the special services of the -Devisenschutzkommando or directly as in France through the Department -for the Protection of Works of Art. Further, the same mission was -entrusted simultaneously to the civil authorities, whether represented -by the German Embassy in Paris or, in Holland, the Office for Enemy -Property under the auspices of the Reich Commissioner. This plurality of -control, moreover, did not end with the establishment of the Rosenberg -Staff. - -This is the first phase in the pillage of works of art. According to -official correspondence, as well as to the statements of Otto Abetz, the -initiative may be attributed to the Minister of Foreign Affairs, -beginning with the Defendant Ribbentrop. The first phase lasted from the -entrance of the Germans into the countries of western Europe until -October 1940. - -The second phase opened with the arrival of Einsatzstab Rosenberg which -appeared on the scene under the aegis of the Defendant Göring. From now -on this Einsatzstab must be considered primarily responsible for the -organized pillage. - -Towards July 1942 a third phase opens in the history of the Staff -Rosenberg. The person primarily responsible is the Defendant Alfred -Rosenberg. The activities of this staff did not cease in Europe until -the liberation. One part of the archives of the Rosenberg services fell -into the hands of the French armies; another part, which had been sent -to Füssen, was seized by the American Army which also picked up the -archives of the Defendant Rosenberg. This is the origin of the PS -documents submitted to the Tribunal. - -The seizure of works of art began with the entrance of the German troops -into Holland, Belgium, and France. In Paris, as from the month of June, -there was an Embassy service directed by Dr. Von Kunsberg and Dr. -Dirksen similar to a specialized service of the Military Governor -directed by Count Wolff Metternich. This order of seizure, in defiance -of the Hague Convention, applied to public as well as to private -property. The Defendant Keitel, on 30 June 1940, issued an order to the -Governor of Paris, General Von Bockelberg. I submit a copy of this order -as Document Number RF-1301. Here it is: - - “The Führer, on receiving the report of the Reich Minister for - Foreign Affairs, has issued an order to safeguard for the time - being, in addition to objects of art belonging to the French - State, also such works of art and antiquities which constitute - private property. Especially Jewish private property is to be - taken in custody by the occupational power against removal or - concealment, after having been labelled with the names of their - present French owners. There is no intention of expropriation - but certainly of a transfer into our custody to serve as a pawn - in the peace negotiations.” - -Identical measures were soon taken in Holland, Belgium, and Luxembourg. -Exhibit Number RF-1302, which is a document discovered by the Army of -the United States and which was registered under Document Number 137-PS, -a copy of which I submit, was drawn up by Defendant Keitel on 5 July -1940: - - “Reichsleiter Rosenberg has suggested the following to the - Führer: - - “1. State libraries and archives to be searched for documents of - value to Germany. - - “2. The chancelleries and high authorities of the Church, as - well as the Masonic lodges, to be searched for proofs of - political activities directed against us and the proofs in - question to be seized. - - “The Führer has ordered that this suggestion be carried out and - that the Gestapo, assisted by the archivists of Reichsleiter - Rosenberg, be placed in charge of the search. The Chief of the - Security Police, SS Gruppenführer Heydrich, has been informed. - He is to contact the military commander competent to deal with - the execution of these orders. - - “These measures to be executed in all regions of the - Netherlands, Belgium, Luxembourg, and France which are occupied - by us. - - “It is requested that subordinate offices be informed. - - “The Chief of the High Command of the Armed Forces, (signed) - Keitel.” - -I submit under Exhibit Number RF-1303 a copy of Document Number 139-PS, -drawn up for Holland and expressed in approximately the same terms, and -under Exhibit Number RF-1304 I submit a copy of Document Number 140-PS -which is an analogous order for Belgium. - -At the same time, by a decree of 15 July 1940 in execution of Keitel’s -orders, a decree for the protection of works of art was issued in the -occupied territories. This decree appeared in the German _Official -Bulletin_ VOBIF Number 3, Page 49 and following. I submit a copy of this -decree under Document Number RF-1305, and I request the permission of -the Tribunal to quote the two following paragraphs: - -First paragraph, Section 1: - - “Moveable works of art will not be taken from the place where - they are at present or modified in any way whatsoever without - the written authorization of a commander of the military - administration.” - -Section 3: - - “Moveable works of art whose value exceeds 100,000 francs must - be declared by their owners or custodians in writing prior to 15 - August 1940, to the competent field command or some other - authority indicated by the latter.” - -If the Tribunal will kindly recall the explanation which I had the honor -of presenting 2 weeks ago, it will remember that the Germans had, at the -same time, issued similar decrees for freezing or immobilizing private -property, currency, and other wealth. - -In this decree, intended to be known by the population of the occupied -territories, the question of safekeeping and confiscation had not yet -arisen; the decree merely dealt with immobilization and -declaration—preparatory measures, these, to future spoliation, and an -indication of bad faith to be remembered. - -Beginning with that period, seizures of the most famous French-Jewish -art collections were carried out; seizures made under such conditions -that they provoked numerous protests which were submitted to the -Armistice Commission at Wiesbaden. I submit in the document book, as -Document Number RF-1306, a letter of the French Secretary for Finance of -18 December 1941 containing one of these protests. So as not to waste -the time of the Tribunal I shall not quote the document but shall merely -offer it in evidence. - -No dividing line was drawn between the activities or powers of civil -authorities and those of military authorities. There were conflicts and -rivalries but as from March 1941 Staff Rosenberg occupied the -foreground; and it is possible to say that from 1940 to 1944 it enjoyed -a monopoly in the confiscation of works of art in Luxembourg, Belgium, -Holland, and France. Staff Rosenberg originated in the Office of Foreign -Affairs of the Party. Hence the first function, in theory, of Staff -Rosenberg, consisted in gathering political material which could and -might be exploited in the struggle against Jewry and Free Masonry by the -Hohe Schule. This is the Advance School, whose purpose Hitler defined in -his order of 29 January 1940 to be found in the American documentation -under Number 136-PS, a copy of which I submit in evidence as Exhibit -Number RF-1308. The document is very brief and I shall read it to the -Tribunal: - - “The Hohe Schule is some day to become the center for National - Socialist doctrinal research and education. It will be - established after the war. However, in order to expedite the - preparatory work already initiated, I order that Reichsleiter - Alfred Rosenberg continue this preparatory work, especially in - the field of research and the establishment of a library. The - offices of the Party and the State organizations are required to - support his work in every way. - - “Berlin 29 January 1940, (signed) Adolf Hitler.” - -Entrusted with the finding and seizing of Jewish collections which had -been left “ownerless” in the occupied territories, Staff Rosenberg did -not content itself with looting private houses; its activities also -applied to the seizure of many trusts, especially of those deposited in -strong boxes in banks. This is evident from the passage of the document -that I submit as Document Number RF-1307 from which, the Tribunal -permitting, I shall read a passage. This is on Page 2 of the translation -and is also to be found in the brief: - - “On 26 September 1941 M. Braumüller, acting on Rosenberg’s - behalf, removed two cases filled with objects of art, which are - listed and deposited with the agency of the Société Générale at - Arcachon under the name of the depositor, M. Philippe de - Rothschild, who has not yet regained his French nationality.” - -As a matter of fact, the field of activity of Staff Rosenberg was not -confined to the pillage of Jewish or Masonic property. It rapidly -absorbed all it could of the artistic heritage of the occupied -countries, a heritage which Staff Rosenberg appropriated by invariably -illegal means without distinguishing between private property and public -property. - -This action of Staff Rosenberg was inspired by the orders of the -Defendant Göring himself. It is thus that I submit as Exhibit Number -RF-1309, a document, discovered by the Army of the United States and -filed under Document Number 141-PS, which consists of an order of the -Defendant Göring, Paris, dated 5 November 1940 and which extends the -activities of Staff Rosenberg. Here is the order: - - “To carry out the present measures for safeguarding Jewish - property taken over by the Chief of the Military Administration - in Paris and by Einsatzstab Rosenberg, the following procedure - will be observed in connection with the art treasures deposited - at the Louvre: - - “1. Those art objects regarding which the Führer has reserved to - himself the right of further disposal, - - “2. those art objects which could serve to complete the - collection of the Reich Marshal, - - “3. those art objects and libraries which appear suitable for - equipping the Hohe Schule within Reichsleiter Rosenberg’s sphere - of duty.” - -THE PRESIDENT: I think this document has already been read, M. -Gerthoffer. I think this document was read by Colonel Storey. - -M. GERTHOFFER: I shall omit the quotation, Mr. President. - -I now come to an order, issued by the Defendant Keitel, of 17 September -1940, a copy of which I submit as Exhibit Number RF-1310, filed in the -American documents as Document Number 138-PS. Here is the principal -passage: - - “Implementing the order of the Führer transmitted to - Reichsleiter Rosenberg and made known to you at the time, to the - effect that the premises of Masonic lodges, together with - libraries and archives in the occupied countries, must be - searched for material of value to Germany and that this material - must be safeguarded by the Gestapo, the Führer has made the - following decision: - - “Reichsleiter Rosenberg, or his representative - Reichshauptstellenleiter Ebert, has received from the Führer, - personally, unequivocal instructions concerning the right of - confiscation. He is authorized to transport to Germany such - objects which appear to him of value and to place them here in - security. You are requested to inform the competent military - commanders or offices.” - -The activities of Staff Rosenberg were multiple. Thus, for instance, on -18 December 1941, Rosenberg suggested to Hitler the seizure of Jewish -furniture in the occupied territories of the West to serve for the -establishments of Party organizations in the regions of the East. - -Here is a copy of the document which was discovered by the Army of the -United States, which bears the Document Number 001-PS, a copy of which I -include in the document book under Exhibit Number RF-1311. - - “Everywhere in the East the administration found terrible - housing conditions, and the possibilities of getting supplies - are so limited that it is practically impossible to obtain - anything. That is why I request the Führer to concede that the - furniture belonging to Jews who have fled, or those who are - leaving Paris or any of the occupied territories of the West, be - confiscated in order to supplement, as far as possible, the - furniture for the establishments of the eastern administration.” - -I have reached the bottom of Page 15. - -Moreover, the Germans concealed their intentions. This is evident from -the letter, dated 28 February 1942, addressed to the German Armistice -Commission by the German Military Commander in France, of which I offer -a photograph as Document Number RF-1312, Page 16. Here are a few -extracts from this letter: - - “Taking into consideration the special mission entrusted to - Staff Rosenberg for seizing art objects of Jewish ownership, - protests by the French Government against the activities of - Staff Rosenberg have always been forwarded by us to the OKH - while the reply was sent to the French Government that the - protest has been forwarded to the office in charge in Berlin for - investigation and decision.” - -Further on, in the same letter, we read: - - “The mission of Staff Rosenberg must, as in the past, be kept - secret from the French authorities.” - -A letter addressed to the Section Chief of the Military Administration -in Paris of 7 April 1942, which I offer in evidence as Document Number -RF-1313, contains the same directives. Here is the passage: - - “Furniture belonging to Jews of English or American nationality - will not be confiscated for the time being but only the - furniture of Jews who are nationals of the Reich or of a country - partially or totally occupied by the Reich or of Jews who are - stateless. The confiscated objects become the property of the - Reich. No receipt will be given. The right of third parties, - especially those of lessors or of owners of store houses, is to - be considered as cancelled.” - -Further on in the same instructions, Page 17 of the brief: - - “6. The operations must be carried out as discreetly as - possible. As to general questions, inquiries by the local French - authorities concerning the operations must be answered verbally - to the effect that these are punitive measures ordered by a - higher authority. Further arguments are to be avoided. - Individual complaints are to be forwarded to the Einsatzstab.” - -And further on: - - “Discussions by the press concerning the utilization of vacant - Jewish premises are undesirable for the time being.” - -I turn to Page 19 in the brief to quote a very short passage of a letter -dated 18 June 1942, signed by Rosenberg and addressed to the Defendant -Göring. I offer in evidence a copy of this letter as Document Number -RF-1314. Here is the passage which I shall read to the Tribunal. Page 20 -of the brief, Page 2 of the document book: - - “Some time ago I explicitly approved the instructions given by - the Chief of my Einsatzstab, Stabsführer Party member Utikal, - that Party member Dr. Lohse of the Bildende Kunst Office be put - at your disposal for any purpose you may desire.” - -I now come to a few explanations, Gentlemen, on the seizure operations, -Page 22 of my written report: - - “Since the first confiscations were made by the military - authorities, the Devisenschutzkommando, and the German Embassy, - Staff Rosenberg did not appear on the scene until the time when - the great collective seizures had already been completed. - - “The greater part of the Rothschild, Kahn, Weil-Picard, and - Wildenstein collections had been confiscated and they - represented three-quarters of the total booty of Staff - Rosenberg.” - -As far as the methods which were used to seize these works of art are -concerned, I submit to the Tribunal a document which is a letter of the -Secretary of French Finance, dated 25 October 1941. I offer it in -evidence as Document Number RF-1315; and so as not to waste the -Tribunal’s time I shall merely deposit this document since it is quite -probable that my colleague will allude to it in his turn. Page 24 of the -written report. . . . - -THE PRESIDENT: How do you prove that the greater part of the Rothschild, -Kahn, Weil-Picard, and Wildenstein collections was confiscated in the -middle of November 1940? What is the evidence of it? - -M. GERTHOFFER: General information furnished by the Fine Arts -Department. - -THE PRESIDENT: Have you put in a report of a government committee which -states that? - -M. GERTHOFFER: No, Mr. President, I have not got the report in my -dossier. I did not believe it was necessary to present it in evidence, -because I thought that it was admitted that nearly all the Rothschild -collections were seized at this time. - -THE PRESIDENT: I do not think we can take judicial notice of it in the -absence of some government report and simply upon the statement. - -M. GERTHOFFER: I think the question is not of great interest. - -THE PRESIDENT: Well, the Tribunal cannot take any notice of statements -which are not supported by evidence; therefore we shall disregard that -statement. We must have the evidence first. - -M. GERTHOFFER: I consider that the question is not of interest, since -the Tribunal will soon see the enormous quantities of works of art which -were removed by the Germans and I thought it would be useless to mention -the individual owners by name. - -THE PRESIDENT: I see that in the Document Number 1015-PS, which is in -your second document book, the facts are stated. I do not know whether -you are going to make use of that Exhibit Number RF-1323. - -M. GERTHOFFER: Number RF-1323 (Document Number 1015-PS(b)) is the report -of Dr. Scholz on the activities of Staff Rosenberg. This report contains -details of quantities of works of art which were seized. I will quote -this document later on. - -THE PRESIDENT: And it includes the dates October 1940 to July 1944, and -includes the Rothschild collection. I do not know whether it refers also -to the other collections which are mentioned in your exposé. - -M. GERTHOFFER: I shall cite this document a little later on. The report -in question was also quoted on 18 December by Colonel Storey. - -THE PRESIDENT: I intervened only for the purpose of saying that we -cannot take any notice of statements of facts unless there is some -evidence to support them. - -M. GERTHOFFER: After the seizures had been effected (Page 44 of the -exposé) the Germans carried out the work of listing, cataloging, and -preparing for the presentation of the objects confiscated. This was a -very great task indeed, rendered excessively long and complicated by -lack of order and method. Objects of art were brought to the museum of -the Jeu de Paume and to the Louvre; they arrived mostly in one sole lot -and from extremely varied sources, hence the impossibility of drawing up -an inventory of the objects seized. The vast quantity of material was -classified as “Unknown” insofar as its origin was concerned. -Nevertheless, in a report of Staff Rosenberg of 15 April 1943, -discovered by the Army of the United States and registered under -Document Number 172-PS, a copy of which I submit as Exhibit Number -RF-1316, we find the following passage: - - “By this detailed study of the material confiscated, an - absolutely reliable basis has been afforded for a final and - summary account of the entire operation of seizure. The - preliminary studies were made in such a way that after - formulation of the final report the latter has to be considered, - in every respect, as an incontestable document of a historically - significant seizure of works of art unique in its kind.” - -I come to Page 26 of my brief. Certain of these works of art were -considered by the Germans as degenerate, and their admittance into -National Socialist territory was forbidden. Theoretically speaking they -should have been destroyed; but within the scope of total war economy -these pictures, although condemned, were none the less of commercial -value and as a means of barter their value was both definite and high. -So these pictures, carefully selected from among the great public -collections and from private collections, were confiscated; and as -already provided for in Section 5 of the decree of 5 November 1940, -placed on the French and German art markets. In addition to these -condemned pictures, others were set aside as being of lesser interest in -the official collections. They formed the object of numerous fraudulent -transactions. - -We now come to the traffic in works of art. We are not, in this case, -dealing with secret and unlawful operations, the personal acts of -such-and-such a member of the Rosenberg Service; we are dealing with -official operations. Two kinds of operations were currently carried out -by the Einsatzstab, that is, exchanges and sales. - -Exchanges. On this subject we have, by way of an example, the evidence -of M. Gustav Rochlitz, received by the examining judge, M. Frapié, in -Paris on 6 January 1946. I submit the evidence as Document Number -RF-1317 and shall read a passage to the Tribunal. - - “During the years 1941 and 1942 I exchanged various old pictures - for 80 modern ones, delivered by Lohse, who always told me that - these exchanges were carried out on Göring’s order, and that the - pictures received had been intended for Göring. I have since - learned that all the pictures given in exchange are contained in - the Göring collection. I delivered in exchange about 35 - pictures, possibly more.” - -These facts are confirmed by the Defendant Rosenberg himself in the last -lines of his report of 15 April 1943, filed under Document Number 172-PS -already quoted, of which I have entered a copy under Exhibit Number -RF-1316. Here is an interesting passage of the report. - - “By order of the Reich Marshal a certain number of these works - of modern and degenerate French art were favorably bartered with - French art dealers for pictures of a recognized artistic value. - In this way, 87 works of old Italian, Dutch, and German masters - of high and recognized value were acquired on very favorable - conditions.” - -Numerous works of art, books, and especially pictures, were sold by -representatives of Staff Rosenberg. Some were sold in France, others in -Germany or Switzerland. The fact that this was a calculated procedure is -evident if we consider that the value of these pictures, confiscated -under the legally fallacious pretext of keeping them in safe custody, -could be realized if they were sold on neutral markets and paid for in -foreign currency. - -I now consider that I should give you some brief explanations of the -justifications offered by the Germans concerning their confiscations. -Primarily these justifications are mere quibbles relating to the nature -of the seizures. The seizures were only temporary and preservative -measures for the safekeeping of the art treasures. Count Metternich, -Chief of the Department for the Protection of Works of Art in France -from July 1940 to 1942, made this point quite clear in a report, a copy -of which has been discovered in France and which I submit as Document -Number RF-1318. Here are some brief excerpts from this report, at the -bottom of Page 29 of the exposé: - - “Shortly after arriving in France, I realized that various - departments which did not belong to the Military Administration - were interested in removable objects of art.” - -And further on, in the same paragraph: - - “It has been said that there was no intention of expropriation - but that these objects were to be considered as pawns to be used - in future peace negotiations. No detailed instructions were - given as to how the operations should be carried out; and in - particular, no interpretation was given of the term ‘custody’.” - -The vague expression “in custody” has been subjected to every variety of -interpretation. According to some the seizure was only a temporary -measure, although the question of definite appropriation nevertheless -remained unclarified. For the Defendant Rosenberg the solution was -simple; he expresses it in a letter, previously quoted, of 18 June 1942 -addressed to Göring, which I have just submitted under Document Number -RF-1314. This is the relevant passage: - - “I therefore believe you will be in agreement with me on this - point, namely, that art objects of Jewish ownership taken into - custody should be considered as seized for the benefit of the - NSDAP. With regard to material for research work, the Führer has - already decided that these objects, now in the custody of the - Einsatzstab, shall become the property of the Hohe Schule. It - would be only just and fair that the great art treasures now in - custody should one day become the property of the NSDAP. - Needless to say, the decision of this question rests with the - Führer. However, since the NSDAP has financed a war of 20 years’ - standing against Jewry, such a decision would appear - permissible.” - -And we are justified in saying that these confiscations are now no -longer measures of preservation or requisition, but a species of booty -which perforce must fall into the hands of a German people triumphing -over the Jewish race whom they have outlawed. - -In a report justifying their action, demanded by the Army Commander and -drawn up on the order of the Defendant Rosenberg by the Chief of the -Einsatzstab, Utikal, in November 1941, the latter went so far as to -state—I submit this report as Documents RF-1319, RF-1320, and RF-1321; -and I quote a brief passage from the attached supplement Number RF-1321, -Page 31: - - “The German measures of reprisal against the Jews are likewise - justified by international law. It is a recognized principle of - international law that, in war, reprisals may be taken by - resorting to the same procedures and the same concepts as - primarily used by the enemy. Since time immemorial the Jews - have, in their Jewish laws codified in the Talmud and the - Schulchan Aruch, applied the principle that all non-Jews are to - be considered as so much cattle, as outlaws; and the property of - non-Jews should be dealt with as a thing which has been - abandoned, that is to say, as derelict property.” - -Thus, Gentlemen, the confiscations of the Einsatzstab were sheltered by -this strange interpretation of law. It seems useless to discuss the -value of this argument before the Tribunal. The Belgian, Dutch, and -French authorities made frequent protests, based on the most elementary -principles of international law, but always met with refusals. - -It would at any rate be suitable to define the extent of these seizures. -It is difficult to give a total estimate, although Rosenberg, himself, -on several occasions made an estimate of his booty, especially in a -letter to the Treasurer of the Party, Schwarz, 14 November 1940, a -document discovered by the Army of the United States and bearing the -Document Number 1736-PS, a copy of which I offer in evidence as Exhibit -Number RF-1322. At that date Rosenberg already considered that the booty -amounted to 500,000,000 Reichsmark. - -The documents of the Einsatzstab are sufficiently numerous and precise -to allow us to establish certain quantitative data. First, the seizures -by the General Staff for Art Treasures. The fundamental document is a -report of Dr. Scholz, dated 14 July 1944, which we have just mentioned. -This is Document Number 1015-PS, which was presented in part to the -Court by Colonel Storey and which I offer in evidence as Exhibit Number -RF-1323. From this report I shall extract only some very brief -indications concerning the quantities of art objects carried off. - -According to this report, 21,903 objects taken from 203 private -collections, were removed, notably from, the Rothschild, Alphons Kahn, -David Weil, Lévy de Benzion, and the Seligmann brothers collections. -According to the same report there were “all told, 29 transports, 137 -trucks, and 4,174 cases.” - -I shall not quote any further from this report, because I think that my -colleague, also entrusted with making the charges, will allude to it. - -THE PRESIDENT: Would that be a convenient time to break off? - - [_A recess was taken._] - -M. GERTHOFFER: Staff Rosenberg was not only interested in paintings and -objects of art, but in books as well. Thus it appears, in a document -discovered by the United States Army and registered under Document -Number 171-PS, of which I submit a copy as Exhibit Number RF-1324, that -550,000 volumes were seized in France. - -Holland also provided a heavy contribution in books. Libraries rich in -early prints, books, and manuscripts were pillaged. It appears from -Document Number 176-PS, discovered by the United States Army, a copy of -which I submit as Exhibit Number RF-1325, that the value of the books -amounted to about thirty or forty million Reichsmark. - -It must also be noted, as proved by Documents 178-PS and 171-PS, which I -submit as Exhibit Number RF-1326, that archives of the Rothschild Bank -were taken away in the month of February 1941. - -Staff Rosenberg likewise pillaged furniture. This is quite evident from -a note addressed by the Defendant Rosenberg to the Führer, dated 3 -October 1942, submitted under Document Number RF-1327. I read the -following passage: - - “For carrying out action ‘M’ the Dienststelle Westen was created - in Paris with special branches (Einsatzleitungen) in Belgium, - France, and the Netherlands. This service has to date sent about - 40,000 tons of furniture to the Reich, utilizing all available - transport, ship, and railroad facilities. Since it was - recognized that the needs of bombed-out people of the Reich - should be given preference over the needs of those in the East, - the Reich Ministry has placed a considerable part of this - furniture (over 19,500 tons) at the disposal of bombed-out - people in the Reich. . . .” - -A copy of a Rosenberg report, dated 4 November 1943, Document Number -1737-PS(b), a copy of which I submit as Exhibit Number RF-1328, tells -us: - - “52,828 Jewish lodgings were seized and sealed in favor of the - bombed-out victims. Including special orders, furniture has been - removed from 47,569 dwellings for shipment to the bombed - cities.” - -Document Number L-188, found by the American 7th Army, is a report -issued by the offices of the Defendant Rosenberg, Item 8 of which I -submit as Exhibit Number RF-1329, shows that over 69,619 Jewish lodgings -were looted, that the furniture occupied over 1 million cubic meters, -and that it took 26,984 freight cars, that is, 674 trains, to remove it. - -In the same file there is a document which I submit, Document Number -RF-1330, which indicates that in Paris alone 38,000 Jewish lodgings were -emptied of their contents. - -Document Number 1772-PS, already submitted under Exhibit Number RF-1325, -indicates that in Holland, from March 1942 to July 1943 inclusive, -22,623 lodgings were emptied of their contents and that it took 586 -barges and 178 freight cars to move this furniture. These few figures -undeniably suffice to support the accusation of economic pillage levied -against Staff Rosenberg on behalf of the western European countries. - -As has already been stated, although the material elements of the breach -of the law remain unaltered, there can be no comparison between the -pillaging typical of the history of this or that conqueror and practiced -throughout the centuries, and the pillaging as understood by the -defendants. - -What prevents any comparison between the past pillaging and the looting -practiced by Staff Rosenberg or the National Socialist chiefs, is the -difference in purpose, however difficult and delicate a matter it may be -to analyze it. The looting in the past of works of art may primarily be -traced to the vanity of the conqueror, in which his egoism, his taste, -and his love of glory played the determining part in the pillaging. It -is of course possible to identify the same feeling as underlying the -criminal activities of one or the other of the defendants. But—and here -we find the fundamental difference—the National Socialist leaders, when -estimating the value of this and that painting or of this or that work -of art, wittingly took into account both the standard of aesthetic -wealth, that is the value of the object to the individual, and the -standard of material wealth, that is its exchange value, an exchange -value in which it is a matter of retaining a pledge, if not to -facilitate, at least to bring pressure to bear when negotiating future -peace treaties, as is evident from the documents submitted to the -Tribunal. - -Whatsoever the pretexts or excuses submitted by the National Socialist -leaders when seizing the artistic heritage of western Europe, whether by -theft, by so-called preservative confiscations, or by direct purchase -from the owners or the markets for the sale of objects of art, the -criminal intention is always the same. - -The German motive was undeniably the establishment of a reserve of -securities, if not for the satisfaction of the individual desire, then -for the satisfaction of a collective need in conformity with the myth of -the “Greater Germany.” - -This reserve of securities would have a triple advantage: A cultural -advantage, that is, the advantage of the Hohe Schule. Secondly, an -economic advantage, a basis for financial speculation and a reserve of -securities easily negotiable in the markets of the world; above all, a -reserve of fixed value entirely unaffected by the fluctuations in the -cost of raw materials and unaffected either by the lowering or the -manipulation of the currency. And, lastly, reserves of securities of -political importance in the hands of those negotiating the peace -treaties. - -The Defense will perhaps object that exchanges and purchases on free -markets cannot be held against the defendants, because they are in the -nature of contracts, and there were agreements, and because equivalents -existed. But the facts presented to the Tribunal render it possible to -declare that these operations have merely an appearance of regularity, -if we remember the conditions under which the contracts were drawn up, -that the operations were made under duress, or if we consider the rights -over the equivalents supplied, equivalents of exchange represented by -stolen objects or works of art, by sales paid for in national currencies -coming from contributions of a more or less regular nature, and -especially by occupational indemnities or clearing operations. - -Most of these particulars, from the point of view of the general -principles of criminal law, are doubly tainted: On the one hand they -were paid in stolen currency, since the work of art forming the object -of the sale could never legitimately have become the heritage of the -purchaser. On the other hand, fraud and deceit tainted a considerable -share of the negotiations, as proved by numerous statements, such as the -extract from the minutes of M. Rochlitz’s statement of 8 January 1946, -which I have just read to the Tribunal under Document Number RF-1317 and -which the Tribunal will allow me to recall to its notice by a brief -reading of a few more passages. Rochlitz, picture dealer in Paris, -states: - - “Lohse came to see me in February 1941. He told me that he was - looking for pictures for different highly placed persons, - chiefly for Göring. I showed to him a painting by Wennix of - which I was the owner and a “Portrait of a Man,” by Titian, of - which two-thirds belonged to Birchentski and one-third to me. - Lohse bought them. Then 8 or 10 days later he offered me some - paintings in exchange, instead of money. Incidentally he - considered that I had sold the paintings at too high a price. - The price was about 2,000,000. He added that Göring had seen the - paintings, that he did not want to pay for them at the price - agreed, but that he had given an order to exchange them for - modern paintings brought from Germany. He showed me a certain - number of paintings and offered me 11 of them in exchange for - the 2 paintings. He prevented me from looking at the backs of - the paintings.” - -Further on, the same witness states: - - “I thought at that time that the paintings came from Germany. I - found out shortly after that these paintings and those - subsequently exchanged with Lohse were paintings confiscated - from Jews. When I saw that these had been confiscated I - protested and Lohse answered, ‘I am acting under Göring’s - orders, you have nothing to fear. These confiscations have been - anticipated by the Armistice Convention and the exchanges are - regular.’ As I still protested, he called me an enemy of the - people.” - -Never—and this is the last remark I shall make on the subject—has -history furnished an example of wholesale pillaging organized on so -completely an administrative basis. The pillaging, together with the -Einsatzstab, became a recognized institution in the sphere of culture, -just as it became a recognized institution in the “Economic Detachments” -of the ROGES, whose activities have been exposed before the Tribunal. - -The pillaging of works of art was organized by the highest leaders of -the Reich. My colleague of the Prosecution, who has been entrusted with -the individual accusations, will return to this matter. I shall content -myself with submitting a few more documents and making a few more -quotations on this point. - -Alfred Rosenberg was the responsible Chief of the Einsatzstab. The -orders emanated from him, as is shown in the course of the -interrogatory; he was heard by Colonel Hinkel, and I submit a copy of -the interrogatory of 28 September 1945 as Document Number RF-1332. - -The Defendant Göring was the official protector of Staff Rosenberg. He -himself wrote to Rosenberg on 21 November 1940, Document Number 1651-PS, -a copy of which I submit as Exhibit Number RF-1335, as follows: - - “I have promised to support energetically the work of your staff - and to make available to them what they could not obtain so far, - namely, means of transport and guard personnel. The air force - has received the order to render utmost assistance.” - -There was discovered, in France, a sheet of gilt-edged paper containing, -in an unknown writing, instructions issued by Göring in Paris—a date is -written in by an unknown handwriting—on 11 February 1941. I submit the -original document to the Tribunal, as well as the translation, as -Document Number RF-1333: - - “All paintings marked ‘H’ are for the Führer.” - -THE PRESIDENT: I think this has been read already by the United States. -Has this been read already? - -M. GERTHOFFER: It has never as yet been read, Mr. President. - -THE PRESIDENT: Then please proceed. - -M. GERTHOFFER: “. . . one case marked ‘AH’ for me. Everything that is -marked ‘G’. . . .” - -THE PRESIDENT: Is this identified as a captured document? - -M. GERTHOFFER: It was seized by the French authorities who transmitted -it to us. - -THE PRESIDENT: Where is the identification to show this is the document -captured by the French authorities? - -M. GERTHOFFER: This document was transmitted to me as it is, with a -series of other documents, of which I have only produced a certain -number. If the Tribunal wish I can let them have a special -authentication for this document. - -THE PRESIDENT: Well, I suppose there is probably a report of the French -authorities which sufficiently refers to this document. - -M. GERTHOFFER: The document was sent to me with a series of other -documents; since they were extremely numerous, we took those that seemed -to be the most important in order to present them to the Tribunal, but -if the Tribunal wish, I can obtain an affidavit indicating under what -conditions the documents were discovered by the French authorities. - -THE PRESIDENT: You see, the document hasn’t anything on it to indicate -that the French Government really found it, nor that they have ever seen -it; and therefore the Tribunal does not consider that it is properly -proved by mere introductions of the document, without anything on the -document. Perhaps you can furnish some supplementary proof. - -M. GERTHOFFER: I can bring an affidavit to the Tribunal in order to have -it authenticated. - -THE PRESIDENT: In what way have the other documents been certified? - -M. GERTHOFFER: The other documents were certified as a whole in the -covering letter. They were not certified individually. This formality -can be carried out subsequently. - -THE PRESIDENT: Well, I think we must wait until this is properly -identified. - -M. GERTHOFFER: I continue with the reading of my report and I would -point out to the Tribunal that in all the occupied countries the -Defendant Göring employed a whole group of buyers, the best known of -whom were Dr. Lohse, who was a member of the Einsatzstab, and Hofer. -Hofer and Lohse (Page 52) acted for the defendant most often, however, -under their own names. The personal collection of the Defendant Göring -flourished considerably. In this regard I submit a document under Number -RF-1332 to which my colleague, in charge of personal and individual -accusations, will soon refer. - -Among the principal leaders of the Reich connected with the Einsatzstab -(Page 55) Rosenberg had, as his superior in the hierarchy, Ribbentrop in -his capacity as Minister for Foreign Affairs (Page 56). It was Von -Ribbentrop who was responsible for the Führer’s order of 30 June 1940, -which I presented a short time ago under Document Number RF-1301, and -which I read to the Tribunal. - -Ribbentrop’s activities are likewise shown in a letter of 1 July 1940, -addressed by Ambassador Abetz to the Military Commander of Paris, a copy -of which I submit under Document RF-1334 (Page 56). I can read it to the -Tribunal, if they wish. It shows Ribbentrop’s activities. Here is the -letter: - -“I beg you to be good enough to have transmitted by radio. . . .” - -THE PRESIDENT: What does this “COL” at the top of the document mean? - -M. GERTHOFFER: It is the seal of the office which seized the letter. - -THE PRESIDENT: Does the French Government in any way certify this -document? You see, we do not know what that stamp on it may mean. - -M. GERTHOFFER: This document was supplied by the General Agency of -Studies and Research. It is one of the supplementary services which -affixed this seal and registered it under Number 9724. - -THE PRESIDENT: Yes, I see what that is; but it does not of itself show -that it is a French document, does it? Is there any French Government -report, anything which could be considered to be, within the meaning of -the article of the Charter, an official government document or report or -an act or a document set up by the government itself? Unless it comes -within Article 21, we are not at liberty to consider it as in evidence; -unless there is an affidavit which deals with it. - -M. GERTHOFFER: I do not insist on the presentation of this document -since the activities of Ribbentrop as Minister for Foreign Affairs -proceed from other PS documents which have never been disputed. It is a -superfluous piece of evidence. I therefore do not insist on presenting -it. It was merely a further piece of evidence, that is all. - -THE PRESIDENT: If you find that there is some government report which -identifies it, anything which proves that that stamp on it shows that it -is a government document within Article 21, then of course, you may -renew your application. - -M. GERTHOFFER: I think that it is not necessary, Mr. President. There -are sufficient other documents. I do not insist. The activities of the -Defendant Keitel are also to be borne in mind. - -THE PRESIDENT: One moment! You are passing over that document then. Very -well. - -M. GERTHOFFER: Exhibit Number RF-1336 is composed of a series of orders, -of reports of the army and of the Einsatzstab. It was Document Number -1015-PS(k), submitted by the Prosecutor of the United States as Exhibit -Number USA-385. - - “The directives concerning the co-operation with the Armed - Forces will be issued by the Chief of the High Command of the - Armed Forces in agreement with Reichsleiter Rosenberg.” - -I shall not insist on the responsibility of the Defendant Keitel. My -colleague, who is charged with the individual indictments, will lay -special stress on the development of this point, and to expedite the -proceedings I shall merely mention the following: The Defendant -Seyss-Inquart bears a grave responsibility for the pillaging in Holland -of works of art and books. - -I thus come to the conclusion of my presentation (Page 64). Whatever the -markets, whoever the purchasers where the traffic in works of art is -concerned, the motive is the same and the methods are the same. It is -difficult to conceive that identical acts of pillaging, committed -simultaneously in all the occupied countries of western Europe, were not -the result of one single will, a ruthless will to dominate in every -sphere, which expressed itself in a desire to invest the most irregular -acquisitions with an appearance of legality. This is proved by the -numerous declarations of the defendants, such as have been submitted to -the Tribunal. A will to dominate the cultural sphere was expressed by -the intention to extend the “action” of confiscation to ever fresh -fields. A will to despoil the occupied countries manifested itself right -up to the very last hours of the occupation. And this will be my last -reading to the Tribunal, Document Number 160-PS, entered in the document -book under Exhibit Number RF-1346. Here is the text. It is extremely -brief: - - “14 August 1944—Mission. - - “The Chiefs of Special Missions (Haupteinsatzführer), Dr. Lohse - and Dr. Borchers, of my Einsatzstab for the occupied - territories, are charged with the immediate removal, from the - Jeu de Paume Museum and the Louvre depot, of works of art taken - into safe custody by order of the Führer and still stored in - Paris, by all means of transport still available. - - “The Reich Marshal of the Greater German Reich has recently, by - a personal directive of 13 August 1944, placed the two - above-named persons at the disposal of the Einsatzstab until the - completion of this operation. It is requested that every - possible assistance be rendered to these Chiefs of Special - Missions.” - -Whatever the reasons of a juridical nature submitted by the Germans to -justify the seizures of Jewish property (Page 65), this property has -never lost the character of private property; and it has, for this -reason, always remained guaranteed by the clauses of the Hague -Convention and especially by Article 46. The seizure of this property -cannot, in particular, be explained as a measure of protection rendered -necessary by circumstances, since, for France at least, the French -Administration of Domains was in a position to take all the measures -desired. As for the fate reserved for the seizures by the National -Socialist leaders, the documents produced have sufficiently shown their -intentions and their plans. - -The Defense will undoubtedly object that important treasures of national -works of art from the occupied territories were not taken to Germany. If -such an argument were presented, I should answer: - -1. For various reasons the occupying authorities did not have the -possibility to do so since they barely had time to centralize, to -catalog, and to transport the numerous objects of art of which the -occupied countries had been dispossessed. 2. It is obvious that the -occupational authorities seized by priority the private works of art -which are, generally speaking, easily negotiable even in neutral -countries, whereas national works of art are, in a certain sense, -outside the commercial sphere and are in any case difficult to negotiate -in foreign countries. - -It may perhaps be claimed that, a great number of works of art having -been recovered, the accusation of removing them no longer applies. - -You will consider, Gentlemen, that if many works of art have been -recovered by the Allied armies, usually in hiding places, the -reprehensible fact held against the defendants nevertheless remains. As -a matter of fact these works of art have been recovered against their -will and thanks to the victory of the Allied armies. The crime had, -therefore, been entirely consummated at the time of their discovery. It -is clear from the declaration that it is chiefly works of art belonging -to private individuals of Belgian, Dutch, and French nationality, mostly -qualified as Jews by the occupying power, which were looted—looted with -the obvious intention of gratifying their personal vanity and of -obtaining valuable property, viewed from an economic standpoint, -contrary to the principles of international law. - -These acts of pillage were often accompanied by aggravating -circumstances, not the least of which was the constant menace of -violence threatening the population of the occupied countries. The -looting of works of art, therefore, appears as a form of general -economic pillaging and the defendants must answer for this before your -high jurisdiction. - -THE PRESIDENT: Could you tell me what Document FA-20, 21, and so forth, -refers to? There is an inscription which is on these various documents. -If you look at Document RF-1333 or RF-1334, you will see that on the -copies that are before us there is an inscription “International -Military Tribunal” and then the “French Delegation, the Public Ministry, -Economic Section” and then “LVR, Document FA-21” and “Document FA-20.” -Now, where is Document FA-21, and where is Document FA-20? - -M. GERTHOFFER: It is a serial number referring to the document sent to -us. It is 1334 which was rejected by the Tribunal. - -THE PRESIDENT: Yes, but what is Document FA-20 or Document FA-21, what -does it mean? - -M. GERTHOFFER: FA-20 is the serial number which had been given to this -document in the series of documents which we received. It is of no -importance. - -THE PRESIDENT: You mean that it is only a number given by you or that it -is a number given by the Economic Section of the. . . ? - -M. GERTHOFFER: It is a number given to it by the Economic Section. - -THE PRESIDENT: Well, then if that is so, if it is the number given to -this document by the Economic Section, it does identify the document as -a document of a public nature. - -M. GERTHOFFER: We had likewise given to the document which I quoted a -short time ago, a number which was 1333 for Document FA-21. - -THE PRESIDENT: Document FA-21, 1333. - -M. GERTHOFFER: We likewise gave it a number. - -THE PRESIDENT: I see, the Economic Section is merely a section of the -French Prosecution. - -M. GERTHOFFER: Yes, it is a section of the French Prosecution. - -THE PRESIDENT: M. Mounier. - -M. PIERRE MOUNIER (Assistant Prosecutor for the French Republic): Mr. -President, your Honors, Gentlemen of the High International Military -Tribunal, we have the honor of appearing before your high jurisdiction -in order to submit the conclusions of the French Prosecution in -connection with the responsibilities individually incurred by the -defendants brought before this bar of justice. In pursuance of the -allotment of the various tasks incumbent on each of the four nations, -resulting both from the Indictment presented in compliance with the -Charter of 8 August 1945 and the agreements reached between the four -Delegations, the French Prosecution, in its presentation, has -particularly applied itself to the study of the war crimes under the -third Count of the Indictment, that is, the crimes committed by the -defendants in France and in the countries of western Europe during -hostilities and during the German occupation. It arises quite naturally -that, in the explanations about to follow, the case of some of the -defendants will be set aside, although their responsibility will already -have been established by the other delegations who are, if I may say so, -more interested in the crimes committed by the defendants and which -correspond to the first, second, and fourth Counts of the Indictment. -The French Prosecution, nevertheless, intends to join in the accusations -raised by the other delegations against such of the defendants as -concern them directly, especially against the Defendants Von Neurath and -Von Ribbentrop. The French Delegation associates itself with the -statement presented against them by Sir David Maxwell-Fyfe. The same -holds good as far as the Defendants Hess, Kaltenbrunner, Frank, Bormann, -Funk, Schacht, Von Papen, Baldur von Schirach, Streicher, Raeder, -Dönitz, and Fritzsche are concerned. - -On the other hand, Mr. President, your Honors, we should like, in this -brief presentation, slightly to deviate from the order of priority in -which the defendants appear, both in the Indictment and in the dock, so -as to elucidate matters. As a matter of fact it would appear desirable, -when presenting some of the chiefs of the National Socialist conspiracy, -as viewed from the angle of crimes committed in the West, to show how -they materialized their philosophical, political, economic, diplomatic, -and finally their military conceptions. Consequently, this order will -determine the order in which we shall present the case of these -defendants. - -On the other hand the defendants, in pursuance of the rule adopted by -the Tribunal for governing the proceedings which it intends to follow in -this Trial, have not yet given their oral explanations before the Court; -and the hearing of the majority of the witnesses, or at least of the -more important witnesses, has not yet taken place. - -That is why the French Prosecution, with the permission of the Tribunal, -reserves the right of completing at a later date its statement regarding -the defendants taken individually on the one hand, and the groups -accused—according to the expression used by my eminent friend, -Prosecutor Boissarie—of “international indignity,” on the other hand. - -Needless to say, the final impeachment would be carried out with the -utmost sobriety, since the French Delegation is anxious to avoid, as far -as possible, any unnecessary prolongation of the proceedings. - -An imposing number of documents has been submitted to the Tribunal. -Their reading, presented in the first instance for the information of -the Tribunal, then for the information of the Defense, and finally, be -it said, for that of universal public opinion, has already taken up a -very considerable time. That is why, with the permission of the -Tribunal, we shall abstain, as far as possible, from presenting the -Tribunal with still more copious documents. Sufficient written evidence -has already been furnished by the American, British, and French -Prosecutions which, when added to those still to be submitted by the -Prosecution of the Union of Soviet Socialist Republics, will assure the -Tribunal of the defendants’ guilt. - -We shall therefore content ourselves, in general, with quoting documents -already produced, in order to correlate the facts which we shall bring -forward with the evidence already supplied. I should like, however, Mr. -President, before approaching the case of the defendants whom I wish to -accuse individually, to make a statement of a very general nature. It -would be idle to pretend that a certain part of this public opinion—and -not the least enlightened part at that—in the Old as well as in the New -World, has evinced surprise in seeing this Indictment, which is the -foundation of the present proceedings, collectively denounce the -criminal character of certain organizations of the Reichsregierung, the -Leadership Corps of the National Socialist Party, the SS including the -SD, the Gestapo, the SA, the General Staff, and the High Command. - -In this connection the Tribunal has been good enough to invite the -various prosecutions to present written memoranda in order to establish -the validity of the imputations contained in the Indictment. But may I -be allowed, before a more complete memorandum is handed to your high -jurisdiction, to present to the Tribunal a few ideas which appear to me -necessary to be recalled. It appears, as a matter of fact, that this -concept of a collective responsibility of the various groups goes hand -in hand with the concept of conspiracy constituting the other governing -ideas of the Indictment. There is no doubt, as far as this idea of a -conspiracy is concerned as featured in the Indictment, that one finds, -in the first instance, in the acts of the defendants that mystery which -generally accompanies any conspiracy, whatever its nature, and that the -various documents already supplied to the Tribunal are sufficient to -confirm the existence of all the elements which render it possible for -me to state that the defendants, their co-authors, and their accomplices -had, in fact, conceived and realized the fraudulent agreement which was -to enable them to make an attempt on the peace of the world by means -contrary to the laws of war, to international law, and to international -morality. - -There is no doubt that the Nazi leaders had invested all their meetings -with a guise of secrecy, whether these meetings were regular and -administrative in nature or whether they were of a casual or of an -informal variety. This fact in itself would be normal if one could -isolate it from all the others; but added to all the other elements in -the case, it clearly shows the guilty intent of the conspirators, for -this absolute secrecy alone could imply the use of the criminal means -which we shall have to emphasize. - -I shall moreover remind the Tribunal that very often, where the orders -transmitted were concerned, very often it happened that certain -paragraphs had been erased so that no traces could remain. The Defendant -Hermann Göring admitted this in the course of the interrogations. -Consequently this fact proves the intent not only to act in the greatest -secrecy, but also the intent of doing away with every trace of what had -happened. - -If I were permitted to transpose an expression used during the War of -1914-18, an expression applied to the sinking of certain ships of -friendly or allied nations, I should say, where this particular -paragraph is concerned, that it was a case of “spurlos versenkt,” that -is, sunk without trace. - -On the other hand, the proof of this fraudulent agreement is evident -from the eminently and evidently criminal nature of the decisions taken -in these secret councils for incorporation. - -THE PRESIDENT: It is just one, now, would it be convenient for Counsel -to break off at this time? - -M. MOUNIER: I am at the disposal of the Court. - -THE PRESIDENT: Very well. - - [_A recess was taken until 1400 hours._] - - - - - _Afternoon Session_ - -THE PRESIDENT: M. Mounier, owing to technical difficulties we will not -be able to continue the sitting this afternoon because the technical -difficulties, we are advised, cannot be remedied for some hours; and -under those circumstances, the Tribunal thinks it better to adjourn now. -But the Tribunal hopes that you will be able tomorrow to conclude the -case on behalf of the French Prosecution, and that the case against the -Defendant Hess will be presented on behalf of the British Prosecution. - -M. MOUNIER: I understand, Mr. President, and I shall get in touch with -my British colleague as requested by the Tribunal. - -THE PRESIDENT: Sir David Maxwell-Fyfe, do you wish to say anything? - -SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom): -No, My Lord, we are ready to go on with the presentation against the -Defendant Hess, and we think that it should take two and a half hours, -approximately. - - [_The Tribunal adjourned until 7 February 1946 at 1000 hours._] - - - - - FIFTY-THIRD DAY - Thursday, 7 February 1946 - - - _Morning Session_ - -M. MOUNIER: Mr. President, Your Honors, before the adjournment yesterday -I had begun to explain to you very briefly the relation which, in our -opinion, exists between two of the main themes in the Indictment, to -wit, the accusation of conspiracy brought against certain groups -designated in the Indictment and which I enumerated yesterday, on the -one hand; and, on the other hand, the various acts which enable us to -form our conclusions as to the criminal character of the activity of the -National Socialist conspirators. - -I told you, to begin with, that what appeared to us to be at the bottom -of this criminal activity was the profound mystery, the absolute mystery -surrounding their meetings, both official and unofficial, a fact which -is corroborated by statements made by certain of the defendants in their -interrogatories from which it frequently emerged that some of the orders -emanating from high places were to be suppressed and annulled, so as to -leave no trace. - -We consider, likewise, that proof of the fraudulent collaboration which -existed among the conspirators is afforded by the criminal character of -the decisions made at these secret councils, which aimed at the conquest -of neighboring countries through wars of aggression. - -Finally, proof of this fraudulent collaboration is afforded, in our -opinion, by the way in which these criminal plans were carried out by -the employment of all sorts of means condemned both by international -morality and by the letter of the law; for example, in international and -diplomatic spheres the most cynical plots, the use in foreign countries -of what is known as the “Fifth Column,” financial camouflage, the -exertion of improper pressure backed by demonstrations of violence, and -finally—when these methods no longer proved effective—the waging of a -war of aggression. - -As for those individuals who regularly and of their own free will took -part in meetings of groups and organizations, such as those denounced in -the Indictment as internationally odious, their voluntary membership in -these groups or the active and deliberate part which they took in their -activities suffice to show that they had every intention of giving their -active co-operation to these groups in a way which admits of no possible -doubt. In view of the aims pursued and the means adopted, this intention -could only be a guilty one. - -In the opinion of the Prosecution, engaged in seeking the elements -constituting the crime, it would appear that this suffices to prove what -we call the _consilium fraudis_ and to enable us to verify the causal -link between this will to evil, on the one hand, and the criminal deed, -on the other, and to make it possible to retain the criminal character -of the understanding between the conspirators, which is also the -criminal character of their individual acts. - -Could the chief of the Four Year Plan, when he ordered the -Plenipotentiary for Labor Allocation to recruit 1 million foreign -workers for the Reich, forget that this act was contrary to -international conventions and leave out of consideration the tragic -consequences which the execution of this murderous action would entail, -and has in fact entailed, for these people and for their families? - -Could the Minister for Armaments and War Production who set up, in -agreement with or by order of the Chief of the Air Force, underground -aircraft factories in the internment camps—could he, I say, fail to be -aware that under such conditions to use prisoners who were already -exhausted was equivalent to causing their premature death? - -Could the diplomat who, on various pretexts, treated diplomatic -instruments intended to assure the stability and the peace of the world -as scraps of paper—could he lose sight of the fact that these acts -would plunge the civilized world into catastrophe? - -Whether their conscience was at that moment disturbed by the feeling, -more or less obscure, that they were infringing human and divine laws is -a question which need not be asked on the juridical plane on which you -will be working. But even assuming that we should consider it our duty -to put this question to ourselves on the psychological plane as a result -of scruples, we should then have to remember two essential concepts. The -first is that the German, as a French writer puts it, at times combines -in himself the identity of contraries. Consequently, it is possible that -in certain cases he may consciously do evil while remaining convinced -that his act is irreproachable from the moral point of view. The second -concept is that, according to the law of National Socialist ethics -sometimes put into words by certain National Socialist leaders, that -which promotes the interests of the Party is good; that which does not -promote the interests is evil. - -And yet, our personal impression on the occasion of the masterly speech -given by M. François de Menthon was that some of his words, striking in -their accent of deep humanity, had stirred some consciences. Even today, -after so many accumulated proofs, we may wonder whether the defendants -admit their responsibility as chiefs, as men, as representatives of the -incriminated organizations. This will perhaps be revealed in the course -of the proceedings. - -Mr. President, Your Honors, with the permission of the Tribunal we shall -now take up the question of the Defendant Alfred Rosenberg. - -Gentlemen, the young French student who in 1910 had the joy of spending -his vacation in Bavaria, then one of the happiest of the German -provinces, could hardly suspect that thirty-five years later he would be -called upon to apply international law against the masters of that -country. When, after stopping at the Bratwurstglöcklein, he climbed up -to the ramparts to look at the sunset from the heights of the Burg, -while the lines of a ballad by Uhland rang in his memory, he did not -think that evil masters and false prophets would twice in a quarter of a -century unchain the lightning over Europe and the rest of the world, and -that through them so many treasures of art and beauty would be -destroyed, so many human lives sacrificed, so much suffering piled up. -Indeed, when one studies the genesis of this unheard-of drama there can -be no question of romanticism; what we have to deal with rather is a -perverted romanticism, a morbid perversion of the sense of greatness, -and the mind is baffled by the true significance of the ideas of -National Socialism—ideas which I shall touch upon only in passing to -show how they led the Defendant Rosenberg, since it is he of whom I am -speaking, and his codefendants to commit the crimes which are held -against them: - -The concept of race, to begin with, which we see arising in a country -which in other respects resembles any other but where the intermingling -of ethnic types of every variety took place through the centuries on a -gigantic scale; this anti-scientific confusion which mixes the -physiological features of man with the concept of nations; this -neo-paganism which aims at abolishing the moral code, the justice, and -security which 20 centuries of Christianity have brought to the world; -this myth of blood which attempts to justify racial discrimination and -its consequences: slavery, massacre, looting, and the mutilation of -living beings! - -I shall not dwell, Mr. President, on what we consider a jumble of -nonsense which claims to be philosophy and in which may be found to be -the most heterogeneous fragments of all kinds taken from every source, -from the megalomaniac concepts of Mussolini, Hindu legends, and the -Japan of the samurai, the cradle of fascism, which swept over the world -like a tidal wave. The previous presentations have already adequately -dealt with these conceptions. I shall simply stress today that these -pseudo-philosophic conceptions tended solely to set back humanity -thousands of years by reviving the clan conception, which assumes the -law of might as the supreme law—the Faustrecht already formulated by -the Iron Chancellor, the right to cheat others, the right to take the -property of others, the right to reduce man to slavery, the right to -kill, the right to torture. - -But _homo sapiens_ refuses to return to the state of _homo lupus_. -International law is not morality without obligation or sanction. The -Charter of 8 August has recalled and specified the obligation; it is for -you, Gentlemen, to apply the sanction. - -One of the consequences of these theories of the superiority of the race -or of the so-called “Germanic Race” was to lead certain of the -conspirators, particularly the Defendant Rosenberg, of whom we are -speaking, to become plunderers; and it is this aspect of the activities -of the Defendant Rosenberg which I should like very briefly to stress, -for it concerns France and the occupied countries of the West and had -deeply harmful consequences for their artistic, intellectual, or merely -utilitarian heritage. - -I wish to speak of all the measures decreed or applied by Rosenberg with -the aim of removing from France and the western countries cultural -treasures, works of art, and property belonging to groups or -individuals, and transferring to Germany all these riches. - -Gentlemen, owing to the limited time which we have at our disposal, I -shall limit myself today to recalling how certain organisms were made to -collaborate in this pillaging through orders from higher quarters. I -shall indicate, first of all, the part played by the Gestapo, which was -ordained by a decree issued by the Defendant Keitel, dated 5 July 1940, -which bears the Document Number 137-PS and which was submitted by the -American Delegation, under Exhibit Number USA-379, on 18 December 1945 -(Exhibit Number RF-1400). I refer likewise to a second order dated 30 -October 1940, which reinforced and detailed the orders given in regard -to pillaging by what was known as the Einsatzstab Rosenberg. This is -Exhibit Number RF-1304 (Document Number 140-PS), which was quoted by the -Economic Section of the French Prosecution. - -Thus, Keitel and Rosenberg went back to the conception of a booty -exacted by the triumphant German people from the Jewish people with -regard to whom it was not bound by the conditions of the Compiègne -Armistice. This intervention by the chief of the army, as indicated by -the orders to which I have just referred, suffices in my opinion to -prove the important part played by the German Army in this looting; and -the Tribunal will not fail to remember that when it makes its decisions -as to the guilt of the Defendant Keitel and the Defendant Göring. - -If I mention the Defendant Göring, it is because a third document proves -that this defendant gave the operation his full support, inviting all -the organizations of the Party, the State, and the Army to afford the -fullest possible support and assistance to Reichsleiter Rosenberg and -his collaborator Utikal, whom Rosenberg himself had appointed Chief of -the Einsatzstab on 1 April 1941. This is the order of 1 May 1941, which -we produced under our Exhibit Number RF-1406 (Document Number 1614-PS). -If we examine the text of this decree carefully we cannot fail to be -struck by the first paragraph. The Tribunal will surely allow me to -reread it rapidly: - - “The struggle against the Jews, the Freemasons, and other - ideologically opposed forces allied to them, is a most urgent - task of National Socialism during the war.” - -Thus, it was enough for one to have a philosophy of life different from -that described as the Nazi Weltanschauung, to be exposed to the danger -of seeing one’s cultural property seized and transferred to Germany. But -the Tribunal will surely remember from the documents already presented -to it, that not only cultural property was involved, but that anything -with any kind of value was taken away. - -The Defendant Rosenberg tried, in the course of an interrogation carried -out by the superior officers in charge of the preliminary investigations -to claim, without much conviction, it seems to me, that the cultural -property in question was intended solely to adorn the collections of the -National Socialist Hohen Schulen. We shall see presently, in presenting -the text of this interrogation, how we may judge this. But it is a fact -which I wish to present now that, from the documents which we possess, -at least, it does not seem that the Defendant Rosenberg appropriated -works of art, precious stones, or other objects of value for himself. -Consequently, in the light of the proceedings as conducted thus far, no -accusation of this kind can be brought against him. We shall not say as -much for the Defendant Hermann Göring, of whom we shall speak a little -later and who, according to the documents that we possess, may be -convicted of having appropriated to his own use part of the objects of -art taken from the countries of the East and the West. - -I shall not dwell on the discussion which might arise about these -misappropriations. I shall go straight on to the interrogatory of the -Defendant Rosenberg. This is the document that was introduced yesterday -by the Economic Section of the French Prosecution, which bears the -Exhibit Number RF-1331, and which we use today as Document Number -ECH-25. - -I think that the Tribunal will easily be able to refer to this -interrogatory, but meanwhile I should like very briefly to summarize the -essential points which I think should be brought up. - -Colonel Hinkel, questioning the Defendant Rosenberg, asked him on what -legal grounds such looting could be justified. The Defendant Rosenberg -first answered that these seizures were justified by the hostility which -certain groups had manifested toward the National Socialist ideology. -But a little further on, on Page 4, the Defendant Rosenberg made the -following verbatim statement: - - “I considered them”—he is referring to the measures which he - himself had taken—“a necessity caused by the war and by the - reasons which caused the war.” - -A few moments later, pressed by Colonel Hinkel, the Defendant Rosenberg -invoked the necessity of putting into safekeeping property thus seized, -a necessity which will certainly constitute one of the main points of -his defense. But Colonel Hinkel replied to the Defendant Rosenberg: - - “And so if your idea was to safeguard art objects, it sounds - rather strange, doesn’t it, that you were going to safeguard - only some art objects and not others? - - “On the other hand, with regard to the maintenance of the - objects, there were objects at least equal in value to those - which had been removed, but to which no one paid any attention.” - -Finally, the Defendant Rosenberg admitted that he had very often given -no receipt to those concerned, which in itself precluded any idea of -eventually returning the property to the legitimate owners. - -The truth of the matter is that these were treasures of very -considerable value, and the Defendant Rosenberg in the end admitted that -he regarded these acquisitions as an accomplished fact. We consider that -the fact of having thus removed works of art and objects of value is -purely and simply what is known in civil law as misappropriation. These -misappropriations were made on a vast scale with the grandiose means -which the Third Reich had at its disposal, means which were further -facilitated by the intervention of the Army and the Luftwaffe. But it is -nonetheless true that the criminal character of these misappropriations -remains; and we urge the Tribunal, when it delivers judgment, to declare -that it was by fraudulent seizure that the Defendant Rosenberg and his -codefendants robbed France and the western countries of all the objects -of value and all the art treasures and cultural treasures. - -As to what the objects themselves consisted of, Mr. President and Your -Honors, I would respectfully refer the Tribunal to the report submitted -by the Economic Section yesterday, which was made by Dr. Scholz, the -associate of the Einsatzstab Rosenberg. This report was submitted by the -Economic Section under Exhibit Number RF-1323 (Document Number 1015-PS), -and in it the Tribunal will find enumerated everything that the -Einsatzstab took out of France. In this connection I shall make an -incidental remark in answer to the question that the President asked my -colleague yesterday about the Rothschild collections. The President -asked my colleague, “Have you proof that certain collections and objects -of value were taken from the Rothschild collections?” - -I should like, Mr. President, to point out that there are two proofs of -this. The first is the immediate result of the Rosenberg interrogation -of 23 September 1945. I have just spoken to the Tribunal of the -all-important questions put to the Defendant Rosenberg as to the -legitimacy and legal basis of these removals. I beg the Tribunal to -refer to Page 5 of these minutes. I read from the text the question -asked by the American officer in charge of the interrogation, my eminent -friend, Colonel Hinkel: - - “Question: ‘How do you justify the confiscation of art treasures - belonging to the Rothschild family?’”—A very precise question. - It concerned the art treasures taken from the Rothschild family - by Rosenberg’s organization. - - “Answer: ‘Still from the same general point of view.’” - -That means that the Defendant Rosenberg claimed to justify the -confiscations made to the detriment of the Rothschilds by the reasons -which I had the honor of analyzing to the Tribunal a few moments ago. - -A second consequence: The Defendant Rosenberg thus admitted with his own -lips that the Rothschild family was among those despoiled. That -confession, Mr. President, Your Honors, can be considered as one of the -proofs, one of the main proofs. This is the first answer, then, to the -question that the President asked yesterday. - -The second proof which I wish to present to the Tribunal is the -following: I beg the Tribunal to refer to the report by Dr. Scholz -mentioned above and produced yesterday in the document book of the -Economic Section. This is Exhibit Number RF-1323 (Document Number -1015-PS). - -If the Tribunal will kindly refer to it, that is to say, the report by -Dr. Scholz, the second paragraph of Page 1, it will find the following -statement, “The special staff not only seized a very considerable part -of the collection. . . .” - -THE PRESIDENT: [_Interposing._] As I said the other day, we cannot keep -all the books before us; but it seems to me that, as you have shown that -the Defendant Rosenberg agreed that this collection had been taken, that -is quite sufficient. - -M. MOUNIER: Mr. President, I understand perfectly your point of view. I -should like respectfully to point out to you that I was to speak -immediately after my colleague, and if I had done so you would have had -this document book before you. We had a delay of one day, and I -apologize for not having thought of asking you to bring this document -again this morning. - -However, I respectfully ask the Tribunal to be good enough to note this -reference which it will easily find. It is a very short passage, which I -should like to read to the Tribunal. It will not take very much time. - -THE PRESIDENT: Certainly. - -M. MOUNIER: This declaration is simply the following: - - “The special staff”—that is to say, the Einsatzstab - Rosenberg—“not only seized a very considerable portion of the - collection which the Rothschilds had left behind in their Paris - mansion. . . .” - -I shall not read the rest. - -Here then, Gentlemen, is an official report which cannot be disputed and -which demonstrates, like the previous proof, that the Rothschild -collection was among those pillaged. - -I do not insist on these facts, which are known to you. It seems to me -that the two points on which I have just cast a ray of light suffice to -make it clear that illegal seizures—fraudulent seizures—were really -operated by the Defendant Rosenberg to the detriment of France and to -the detriment, likewise, of the western countries. As for their -importance, I do not want to abuse the patience of the Tribunal by -quoting statistics. I respectfully ask the Tribunal to refer to the -Scholz report which I have twice mentioned in the course of my previous -statements. - -I should not, however, wish to leave the case of Rosenberg, for the time -being, without quoting to the Tribunal a passage from an article by the -French writer François Mauriac, of the French Academy. François Mauriac -was present on 7 November 1945 at the inaugural session of the National -Constituent Assembly at the Palais Bourbon. On this occasion François -Mauriac invoked a memory which was recalled in _Le Figaro_ of 6 November -1945 in the following terms: - - “Almost five years ago to a day, from the height of this - rostrum, the most illustrious in Europe, a man spoke to other - men dressed in field grey. His name was Alfred Rosenberg. I can - testify to the exact date. It was 25 November 1940. - - “Rosenberg leaned his elbows on this rostrum, where the voices - of Jaurès and of Albert De Mun were once heard and where, on 11 - November 1918, Clemenceau nearly died of joy. Here are his - words: - - “‘In one gigantic revolutionary burst’—he said—‘the German - nation has reaped such a harvest as never before in its history. - The French will admit one day, if they are honest, that Germany - has freed them from the parasites of which they could not rid - themselves unaided.’ - - “And the Nazi philosopher”—continues Mauriac—“then proclaimed - the victory of blood. He meant”—writes Mauriac—“the victory of - race; but it happens that a man may utter prophetic words - unwittingly and without realizing the full import of the words - which God places upon his lips. As Rosenberg predicted at the - Palais Bourbon on 25 November 1940, it was indeed blood that won - the victory. It was the blood of the martyrs which in the end - choked the executioners.” - -M. President, with the approval of the Court, and with the same brevity -as heretofore—and I hope the Tribunal will appreciate the care I am -taking not to abuse its patience—I should like to say a few words on -the individual charge against the Defendant Fritz Sauckel. - -Your Honors, the Tribunal is already acquainted with the really -remarkable work, the genuinely positive work, presented to it some time -ago by my colleague and friend, M. Jacques Bernard Herzog. This is why, -with your permission, I shall pass over the facts themselves, which are -known to you, and limit myself to the part beginning on Page 3 of my -brief; and we shall examine together, if it please the Tribunal, the -grounds for the pleas advanced up to now by the Defendant Fritz Sauckel. - -One question must be asked first of all: Was Fritz Sauckel acting under -orders when he carried out this recruiting—so-called voluntary in part -but compulsory in most cases—this recruiting of laborers destined to -supply the needs of the German Reich? - -According to Sauckel, when he was appointed Plenipotentiary for the -Allocation of Labor on 27 March 1942, his initial program did not -include the conscription of foreign workers; and it is supposed to have -been Hitler who intervened then. For it is striking, Your Honors, when -you read the minutes of the interrogations and also, I am sure, when the -defendants speak before the Tribunal, you will see that most of them -take refuge behind two great shadows; the shadow of the former Führer -and the shadow of his accursed second, Himmler. Here we can see Hitler -intervening to tell Sauckel, according to the latter, that the use of -foreign workers in the occupied territories is not contrary to the Hague -Convention for two reasons; firstly, the countries involved surrendered -unconditionally and consequently we can impose any kind of labor -conditions on them, and secondly because Russia has not signed this -convention. If, therefore, we use Russian workers on compulsory labor -and make them work to death, we are not violating the Hague Convention. - -This, Your Honors, is the reasoning of the Defendant Sauckel on this -point, without the addition of a single word. Hitler is supposed to have -ordered him to recruit workers, at first using persuasion and then all -the means of compulsion which you already know; suppression of ration -cards, for instance, which compelled men, who saw their wives and -children starving, to volunteer for work which would be used against -their own fellow citizens and against the soldiers of the Allied armies -with whom all their sympathies lay. - -The Tribunal will know how to deal with such an excuse for, in the first -place, Sauckel, by virtue of the powers conferred upon him by his -office, enjoyed full authority in regard to everything to do with the -labor necessary for the execution of the Four Year Plan. On the other -hand, on taking up his appointment as Plenipotentiary for Labor -Allocation, Sauckel knew that he would be unable to carry out his -mission without resorting sooner or later to means of coercion. In any -case, Sauckel, as well as most of the defendants who are before you, -enjoyed the most extensive powers, indeed autonomous powers. -Consequently, he cannot shelter behind orders received. - -THE PRESIDENT: M. Mounier, you must forgive me if I interrupt you; but -as I pointed out yesterday, I think, we have already had an opening -statement which contained argument from the United States, from Great -Britain, and from M. De Menthon on behalf of France, and we have, in the -past, confined other counsel. . . . - -Do you hear me? I was saying that after having heard the opening -statement from the United States, from Great Britain, and from France, -we have in the past, confined the counsel who have followed them to a -presentation of evidence and have not permitted them to go into an -argument. - -I am not sure that that rule has been strictly carried out in all cases -because it is, perhaps, somewhat difficult to confine the matter; but we -have, on several occasions, pointed out to counsel who have followed the -counsel who made the leading statement that they ought to confine -themselves to a presentation of the evidence. I think the Tribunal would -wish you, if possible, to adhere to that rule and, therefore, not to -argue the case but to present the evidence, that is to say, to refer us -to the evidence insofar as it has already been put in evidence; to refer -us to it by its number, possibly stating what the substance of the -evidence is; and, in reference to any document which has not yet been -put in evidence, to read such parts of that document as you think -necessary. - -M. MOUNIER: Very well, Mr. President, to meet the wishes of the -Tribunal, I shall limit myself, as concerns the Defendant Sauckel, to -referring to figures which, it seems to me, do not admit of argument, -since they are the figures given by the Defendant Sauckel himself under -interrogation. This does not seem to me to infringe upon the rule which -the President has just drawn to my attention. - -The figures stated are the following: In 1942 there were already a -million foreign workers in Germany. In one year Sauckel incorporated -into the economy of the Reich some 1,600,000 war prisoners to meet the -needs of war economy. - -I beg to refer the Tribunal to Exhibit Number RF-1411 in my document -book. This is an interrogation of the Defendant Speer under the date of -18 October 1945, which has already been submitted by the United States -Prosecution on 12 December 1945, under Exhibit Number USA-220 (Document -Number 3720-PS). In this interrogation the Defendant Speer states that -40 percent of all prisoners of war were employed in the production of -arms and munitions and in related industries. - -I likewise offer under Exhibit Number RF-1412 (Document Number 1292-PS) -of 13 December 1945, a memorandum signed by Lammers, Secretary of the -Reich Chancellery, giving an account of the discussion which occurred at -a conference held on 4 January 1944. On that date, 4 January 1944, in -the course of a conference, at which, in addition to the Defendant -Sauckel, the Führer himself, Himmler, Speer, Keitel, Field Marshal -Milch, and others were present, the number of new workers to be -furnished by Sauckel was fixed at four million. - -I must mention in this connection that in the course of this meeting, -Sauckel expressed doubts as to the possibility of furnishing this number -of workers unless he were given sufficient police forces. Himmler -replied that he would try to help Sauckel to achieve this objective by -means of increased pressure. - -Consequently, when the Defendant Sauckel claims, as he probably will do, -that he had absolutely nothing to do with the institution now spurned by -everyone, known as the Gestapo, we may answer him by official German -documents showing that for the recruitment of labor he really did employ -the police with all the more or less condemned means already pointed out -to you. - -As for France alone, the demand for workers at the beginning of 1944 -amounted to one million; and this figure was over and above the number -of men and women workers already sent to Germany, who in June 1944 -numbered one million to one and a half million. - -The Defendant Sauckel, therefore, committed the offenses already known -to the Court. We have an old adage, an old slogan we may say, according -to which “The court is the law”; and it is proper to present only the -facts. I shall, therefore, abstain from reading the passage on Page 9 of -my presentation dealing with those articles of the law under which the -activities of the accused, Sauckel, are punishable. - -Mr. President, Your Honors, I should like now to summarize the activity -of the Defendant Speer, for as regards France and the western countries -the Defendant Speer incurs responsibilities of the same nature as those -of the Defendant Sauckel. Like the defendant of whom I have just spoken, -he permitted violations of the laws of war, violations of the laws of -humanity, in working towards the drafting and carrying out of a vast -program of forced deportation and enslavement of the occupied countries. - -Speer, Mr. President, first took part in working out the program of -forced labor and collaborated in its adoption. In the course of his -interrogatory, he stated under oath: First, that he took part in the -discussion at which the decision to use forced labor was made; second, -that he collaborated in the execution of this plan; third, that the -basis of this program was the removal to Germany by force of foreign -workers on the authority of Sauckel, Plenipotentiary for Allocation of -Labor under the Four Year Plan. The Tribunal will kindly refer to -Document Number 3720-PS, submitted by the United States Delegation on 12 -December 1945, which I quote under Exhibit Number RF-1411 of our -documentation. - -As regards France, in particular, Hitler and the Defendant Speer held a -conference on 4 January 1943 in the course of which it was decided that -more severe measures would be taken to expedite the recruiting of French -civilian workers without discrimination between skilled and unskilled -workers. This is made clear by a note to which I would ask the Tribunal -to refer. That is a note signed by Fritz Sauckel, himself. It has -already been presented by the American Prosecution under Document Number -556-PS (Exhibit Number RF-67). - -The Defendant Speer knew that the levies for forced labor in the -occupied territories were obtained by violence and terror. He approved -the continuation of these methods from September 1942 onward. He knew, -for instance, that workers were deported by force from the Ukraine to -work in the Reich. He knew, likewise, that the great majority of workers -in the occupied regions of the West were sent to Germany against their -will. He even declared before the American magistrate who was -questioning him that he considered these methods regular and legal. - -The Defendant Speer, knowing that the foreign workers were recruited and -deported for forced labor in Germany, made specific demands for foreign -workers and provided for their employment in the various branches of -activity placed under his direction. - -The preceding paragraphs summarize all the declarations made by the -defendant in the course of the interrogation already mentioned and to -which I have just referred. - -I beg to remind you that Speer, in addition, was a member of the Central -Committee of the Four Year Plan. On account of this, and in common with -Field Marshal Milch, only Hitler and Göring were superior to him as far -as demands for labor were concerned. He likewise took part, in this -capacity, in discussions which took place with Hitler to settle the -numbers of foreign workers required. He knew that most of these forces -were obtained by means of deportation, through coercion and enslavement -of the occupied countries. Proof of this is furnished by various -passages of the minutes of the Central Committee of the Plan and from -Speer’s conferences with Hitler. I refer to Document Numbers R-123 and -R-124 which have been submitted under Exhibit Number USA-179, on 12 -December 1945 (Exhibit Number RF-1414). - -Speer did not hesitate to resort to methods of terrorism and brutality -as a means of achieving a peak output from the forced workers. He found -justification for the action of the SS and of the police and for the use -of concentration camps to subdue recalcitrants. - -I beg to recall to the Tribunal the document relating to the minutes of -the 21st meeting of the Central Committee of the Four Year Plan, 30 -October 1942, Page 1059, already quoted. This is the document which I -quoted previously, Exhibit Number USA-179, Document Numbers R-123 and -R-124 on 12 December 1945 (Exhibit Number RF-1414). - -The Defendant Speer likewise bears responsibility for the use of -prisoners of war in military operations directed against their -countries; for in his capacity as chief of the Todt Organization, he -forced citizens of the Allied nations to work for this organization, -particularly, in the building of fortifications and, among other things, -the famous West Wall. He likewise forced Frenchmen, Belgians, -Luxembourgers, Dutchmen, Norwegians, and Danes to manufacture arms to be -utilized against the allies of the countries to which they themselves -belonged. - -Finally—and this is a very important question regarding the -responsibility of the Defendant Speer—he participated directly in the -use of internees from the concentration camps. He proposed the use of -internees from the concentration camps in the armament factories. Now, -in view of the wretched physical condition of the prisoners, no profit -but only the extermination of the prisoners could be expected from this -measure. The use of internees from the concentration camps in the -factories had the effect of increasing the demand for this type of -labor; and this demand was satisfied in part, at least, by sending to -the concentration camps persons who, in ordinary times, would never have -been sent there. - -Speer went so far as to establish, near the factories, concentration -camps which served solely to feed them with labor. - -He knew the Mauthausen Camp. The Spanish witness, Boix, whom the -Tribunal heard a few days ago, attested under oath that he had seen, -with his own eyes, the Defendant Speer visit the camp at Mauthausen and -congratulate the directors of this camp. He even declared that he had -worked on the preparation of photographs of this scene. Consequently -this visit to the camp must be considered, absolutely beyond doubt. He -therefore saw for himself the barbarous conditions in which the -prisoners lived. Nevertheless, he persisted in utilizing labor from the -Camp of Mauthausen in the factories under his authority. - -I have concluded the case against Speer. - -THE PRESIDENT: We will adjourn now for 10 minutes. - - [_A recess was taken._] - -M. MOUNIER: Mr. President, Your Honors, considering the strictly limited -time at my disposal, I shall be compelled, in dealing with the Defendant -Göring, of whom I shall have the honor to speak to you, to skip Pages 1, -2, and 3 of this presentation. I ask the Court now to turn to Page 3 of -my statement. - -I should like to present to the Tribunal the question of the -responsibility of the Defendant Göring for the measures taken against -the commandos and against Allied airmen who fell into the hands of the -Germans during their missions. - -During the Trial we have on several occasions mentioned an order given -by Hitler on 18 October 1942, which was first submitted by the American -Delegation on 2 January 1946 under the Document Number 498-PS (Exhibit -Number RF-1417). It is an order detailing the measures to be taken -against commandos in operations in Europe and Africa. They were to be -exterminated to the last man, even if they were in military uniform, and -no matter what their mode of transport might be: boat, plane, or -parachute. An order was given to take no prisoners. In the occupied -territories isolated members of commandos who might fall into the hands -of the German forces were to be handed over immediately to the -Sicherheitsdienst, RSHA branch. This order did not apply to enemy -soldiers who were captured or who surrendered in open battle and within -the scope of combat operations. - -Among those notified was the Oberkommando of the Luftwaffe. -Consequently, the Defendant Göring knew of this order; and in his -capacity as Commander-in-Chief of the Air Force, as well as in his -capacity as Commander-in-Chief of one of the three military services, he -has joint responsibility with the leaders of the other services. - -We know, also, that on the same date, 18 October 1942, Hitler had a -memorandum distributed annotating the previous instructions and -announcing that if one or two prisoners were spared for the time being, -so that information might be obtained from them, they were to be put to -death as soon as they had been interrogated. - -I refer to Exhibit Number RF-1418 (Document Number 503-PS) of 9 January -1946. The American Prosecution which produced this document has also -submitted to the Tribunal—and I shall not come back to this fact—a -certain number of cases proving that this order was frequently carried -out. - -On the other hand, the Tribunal already knows that numerous Allied -airmen, who found themselves in German territory after losing their -planes, were maltreated and lynched by the Germans with the connivance -of the authorities. As evidence we present only the order of 10 August -1943 by which Himmler forbade the police to take part in these lynchings -and forbade them equally to oppose them. I refer to Document Number -R-110, presented 19 December 1945 as Exhibit RF-1419. - -Goebbels, in an article in the _Völkischer Beobachter_, intervened in -the same way. Bormann, in a memorandum of 30 May 1944, confirmed these -instructions and stipulated that they should be passed on to the -administrative authorities, not in writing but by word of mouth only. I -refer to Document Number 057-PS (Exhibit Number RF-1420), cited on 17 -December 1945 by the American Delegation. - -These instructions were carried out to the letter, to such an extent -that the American forces have brought to trial, since the capitulation, -a considerable number of German civilians who had murdered unarmed -Allied airmen. - -But the Defendant Göring was not satisfied simply to let these things -happen. At a conference which took place on 15 and 16 May 1944 he stated -that he would suggest to the Führer that not only parachutists but also -American or English crews who attacked, indiscriminately, cities and -civilian trains in motion should be put to death on the spot forthwith. -This is Exhibit Number RF-1421 (Document Number L-166), cited by the -French Prosecution, 31 January 1946, under Exhibit Number RF-377. - -In fact, Göring saw Hitler between 20 and 22 May 1944. The Air Force -General, Korten, sent the Defendant Keitel a memorandum pointing out -that Hitler had decided that enemy airmen who were shot down should be -put to death without trial if they had participated in acts described as -terroristic. This is Document Number 731-PS (Exhibit Number RF-1407), -which we submit to the Court in the form of a photostatic copy. I ask -the Tribunal’s permission not to read this document. I think the -Tribunal will prefer to read it for themselves. However, I am at their -disposal if they wish me to read it. - -THE PRESIDENT: No; it has already been put in, has it not? - -M. MOUNIER: Yes, Mr. President. - -In consequence, an agreement was made with the OKW that Himmler, Göring, -and Ribbentrop should be consulted on the measures to be taken in this -matter. Ribbentrop proposed that any attack upon German cities should be -considered as an act of terrorism. General Warlimont also, in the name -of the OKW, proposed two means: Lynching and what he called -Sonderbehandlung or special treatment, which consisted in delivering the -parties concerned to the Sicherheitsdienst where they were subjected to -diverse treatments, one of the most notorious being the well known Kugel -action, of which the Tribunal has already heard and which was simply a -way of doing away with those in question. Document Number 735-PS -(Exhibit Number RF-1452) was submitted to this effect on 9 January 1946. - -On 17 June 1944 Keitel wrote to Göring to ask him to approve the -definition of acts of terrorism drawn up by Warlimont. On 19 June 1944 -Göring replied through his aide-de-camp that the population should be -forbidden to act as it had done against enemy airmen and that these -enemy airmen should be brought to trial, since the Allied Governments -had forbidden their airmen to commit acts of terrorism. I refer here to -Document Number 732-PS, which I submit to the Tribunal under Exhibit -Number RF-1405. - -Consequently, I draw the Tribunal’s attention to this document, dated 26 -June 1944, where Reich Marshal Göring declared that he would support the -taking of judicial action against these airmen. Remember this date, 19 -June 1944, because it is important. - -But on 26 June 1944 the Defendant Göring’s aide-de-camp telephoned to -the OKW headquarters staff, who had insisted upon a definite reply, and -notified them that his chief, Reich Marshal Göring, was in agreement -with their definition of acts of terrorism and the procedure proposed -which, as I recall it, included two alternatives: The handing over of -those in question for Sonderbehandlung or their immediate execution. I -refer to Document Numbers 733-PS and 740-PS, cited on 30 January 1946 by -the French Prosecution, under the Exhibit Numbers RF-374 and RF-375 -(Exhibit Numbers RF-1423 and RF-1424). - -In a memorandum dated 4 July 1944 Hitler made it known that since the -British and the Americans had bombed small towns of no military -importance as a reprisal for V-1, he was asking the German radio and -press to announce that all enemy airmen shot down in an attack of that -kind would be put to death as soon as they were caught. Such are the -facts found in these absolutely irrefutable documents, and if I cited in -detail the reply made on 19 June 1944 by the Defendant Göring, or to be -more exact, by his aide-de-camp, it is because I am anxious to introduce -into the proceedings the documents concerning this question in their -entirety. - -But I see that in spite of the existence of the order of 19 June 1944 I -am obliged to infer the full responsibility of the Defendant Hermann -Göring. - -In fact, the Defendant Hermann Göring states that he never agreed to -these measures, and that Captain Breuer, who telephoned to the General -Staff of the OKW, acted—according to the Defendant Göring—without -having previously consulted him. Göring added, in the statements which -he made, that he could not be held responsible for all the absurd or -insignificant actions carried out by his subordinates. - -But, Gentlemen, without even reference to the famous Leadership -Principle—for I see no reason to apply German law to the accused in any -way—the Defendant Göring is in any case responsible in his capacity as -leader. Responsibility begins with authority. Moreover, what did he do -to stop the massacre of airmen by people whom he had ordered to do the -opposite, according to orders which it was forbidden to formulate in -writing? - -Even if we consider the position which he takes up in the order dated 19 -June 1944, to which I have referred as establishing accurately his views -at that date on the massacre of airmen and parachutists, we are -compelled to see that at that date, 19 June 1944, even in Germany, the -most shortsighted knew that the German forces would soon succumb to the -weight of the Allied Armies. - -Allied aviators were put to death in Germany throughout the war. -Moreover, if the Defendant Hermann Göring maintains that the letter of -19 June 1944 was written by his aide-de-camp, he is obliged to admit -that the letter of 26 June 1944, also written by the aide-de-camp, can -be imputed to him, although signed by one of his subordinates. We -consider, then, that this document signed by an aide-de-camp involves -Göring as much as if he had signed it himself. - -Mr. President and Gentlemen, I shall not enlarge upon the responsibility -of the Defendant Göring for compulsory labor, but I respectfully beg the -Court to refer in due course to certain rays of illumination that I have -tried to indicate in this brief in order to clarify the position of the -defendant in this matter. - -I shall make no further mention of the employment of prisoners of war -and internees from concentration camps, which I detailed on Page 10 of -my brief. I should like simply to say a word concerning economic -pillaging and the pillaging of art treasures. These questions are dealt -with at the bottom of Page 11 of my brief. - -Concerning economic pillage, Gentlemen, I shall not stress the -considerable part played by the Defendant Göring as leader of the Four -Year Plan in all the measures which contributed to strip literally all -the western countries of their substance. I shall simply point out one -fact which, I believe, has not yet been brought to your knowledge but -which is found in the next to the last subheading on Page 12. This fact -is the following: After the Armistice in 1940, the Defendant Göring had -brought about through Roechling, the official sequestrator, the cession -to the Hermann Göring Werke of all the factories of Lorraine belonging -to the family of Wendel. - -This is connected with all the operations of economic pillaging about -which the Economic Section of the French Prosecution have already -informed the Court. With regard to this, the Court will not fail to -realize that the Defendant Göring shares jointly with the Defendants -Rosenberg, Ribbentrop, and Seyss-Inquart—for the Netherlands—the -responsibility for this spoliation. - -With regard to the pillaging of works of art, Gentlemen, we have -documents which permit us to draw our conclusions with regard to this -matter which is obviously an unpleasant one for a man who has occupied -the position of the Defendant Göring, namely, that a part of the works -of art and objects of value which were pillaged from the western -countries were reserved for him without any kind of compensation. I -shall not discuss the exact meaning of this act in municipal law; I -leave it to the Tribunal to apply the proper legal terms for this -matter, when it delivers its judgment. But what I should like to say -today is that the appropriation of works of art by the Defendant Hermann -Göring for his private purposes is proved in documents which cannot be -contested and which have already been submitted to the Tribunal. I refer -particularly to Exhibit Number USA-368 (Document Number 141-PS) -submitted on 18 December 1945. This document was submitted by the -Economic Section of the French Prosecution under the Exhibit Number -RF-1309. - -I may rapidly recall that this document prescribes that works of art -brought to the Louvre are to be classified in a certain way: - - “Firstly, those works of art of which the Führer reserved the - right to dispose of himself. Secondly, those works of art - destined to complete the collection of the Reich Marshal”—_et - cetera_. - -I won’t read the rest of the document. - -What followed these levies or these privative appropriations? Did the -Defendant Göring pay anything for these? The opposite seems to be the -case; for in the interrogation of the Defendant Rosenberg, which was -given under the Exhibit Number RF-1332 and to which I referred in the -course of the hearing, it is pointed out that the Defendant Göring made -his selection from the works of art assembled by Rosenberg’s staff and -made no corresponding payment to the Reich treasury. - -Not to abuse the patience of the Tribunal, I respectfully beg it to go -back to Page 10 of the transcript previously cited, where it will see -the part played by the Defendant Göring in the appropriation of works of -art, and the fact that no money was paid in compensation. - -I simply emphasize, in passing, that at the top of Page 11 you will find -this statement, in reply to a question asked by Colonel Hinkel. Colonel -Hinkel said this to him. - -THE PRESIDENT: You are referring to Page 10 and Page 11 of which -document? - -M. MOUNIER: Page 11, Mr. President, of Document Number ECH-25, which was -submitted yesterday under the Exhibit Number RF-1331, by my colleague M. -Gerthoffer. It is not there, for reasons which I have already pointed -out to the Tribunal. - -Colonel Hinkel, at the bottom of Page 10, asked the following question: - - “Well, doesn’t that letter state in the last paragraph that you - don’t think that Göring should pay for these articles that he - had selected because he was going to put these articles in an - art gallery?” - -The reply of the Defendant Rosenberg: - - “Not exactly. I would like to add the following:”—which I - consider important—“I was rather uneasy when at the outset I - heard art treasures which the Einsatzstab had sent to - Germany. . . .” - -That is all, Gentlemen, I won’t say anything more. I merely want to -point out to you the annoyance which the chief of the Einsatzstab -himself felt on learning this fact. - -Mr. President, Gentlemen, in regard to the participation of the -Defendant Göring in Crimes against Humanity, particularly the -concentration camps, I shall not insist; but I shall ask the Tribunal, -when they have time, to refer to a few paragraphs in which I briefly -recall the question. But there is a document which, as far as I know, -has not been submitted to the Tribunal and which I should like to submit -today. It concerns pseudo-medical experiments which I believe have not -yet been discussed. - -You have frequently been told of Dr. Rascher’s experiments in the -exposure of certain persons to alternate heat and cold, but there is a -question which I treat on Page 17 of my brief and which concerns the -document which I submit today as Exhibit Number RF-1427. This is a -document which originally had the Number L-170. It is a report made by -Major Leo Alexander of the United States Army, on an institution known -as the Kaiser Wilhelm Institut. Major Leo Alexander, at the time of the -defeat of Germany by the Allied Forces, had to conduct certain -investigations. He conducted one in connection with experiments made by -Dr. Rascher and another in connection with these carried out in the -Kaiser Wilhelm Institut. This report which I submit to the Tribunal is -entitled, “Neuropathology in Wartime Germany.” This Kaiser Wilhelm -Institut was an institute designed for cerebral research. This -institution had formerly been in Berlin-Buch (Page 18 in my brief) and -was split up into three establishments, the first in Munich—I pass over -the one in Munich—the third in Göttingen. The second, the one which -interests me, was established at Dillenburg, in Hessen-Nassau, where -there was a department for special pathology directed by Dr. -Hallervorden. What is interesting, Mr. President. . . . - -THE PRESIDENT: Could we see the original? - -M. MOUNIER: The original? Here it is, Mr. President. - -THE PRESIDENT: Is the series “L” referred to in Major Coogan’s -affidavit? - -M. MOUNIER: Mr. President, I should like to point out that this Number -L-170 is the same as that referring to that same Major Leo Alexander’s -document book concerning the experiments of Dr. Rascher. It is the same -number. . . . - -THE PRESIDENT: As this document has already been produced in evidence in -the series “L”—it is L-170 I think—the Tribunal will treat it for the -moment as being in evidence and will further consider its admissibility. - -M. MOUNIER: Yes, sir. At all events, I should like to remind the -President, who has certainly noticed it, that I reproduce in this brief, -which has already been communicated to the Defense, the passage which I -regard as relevant to my brief. The passage is quoted in full in my -brief. - -THE PRESIDENT: [_Turning to Dr. Stahmer._] Yes, we will listen to you in -a few minutes. - -[_Turning to M. Mounier._] Which passage do you wish to refer to? - -M. MOUNIER: Pages 20 and 21 in my brief. - -THE PRESIDENT: Yes, do you wish to read them? - -M. MOUNIER: I accept the decision of the Tribunal. If the Court -considers this reading superfluous, I shall limit myself to pointing out -that what I find striking in this document is the manner in which Dr. -Hallervorden ordered the delivery of brains for examination when he -says: - - “‘I had heard that they were going to do that.’”—That is, to - say, to kill some sick people in different establishments by - means of carbon-monoxide.—Dr. Hallervorden explained to his - American interrogator, Major Alexander. - - “‘. . . I went up to them and told them “Look here now, boys, if - you are going to kill all these people, at least take the brains - out so that the material could be utilized. - - “‘They asked me, “How many can you examine?” and so I told them - an unlimited number—the more the better. I gave them the - fixatives, jars and boxes, and instructions for removing and - fixing the brains. . . .’” - -I call the attention of the Tribunal to the truly horrible nature of the -measures taken in regard to the people who were to be killed merely to -have their brains examined, for they were, so he said, - - “‘. . . selected from the various wards of the institutions - according to an excessively simple and quick method. Most - institutions did not have enough physicians, and what physicians - there were were either too busy or did not care, and they - delegated the selection to the nurses and attendants. Whoever - looked sick or was otherwise a problem patient from the nurses’ - or attendants’ point of view, was put on a list and was - transported to the killing center. The worst thing about this - business was that it produced a certain brutalization of the - nursing personnel. They got to simply picking out those whom - they did not like, and the doctors had so many patients that - they did not even know them, and put their names on the list.’” - -I shall stop my citation there, Mr. President, but what I should like to -do subsequently, unless the Tribunal is going to call upon Dr. Stahmer -to speak. . . . - -THE PRESIDENT: Yes, we are now going to hear what Dr. Stahmer wants to -say. - -DR. OTTO STAHMER (Counsel for the Defendant Göring): I am sorry that I -must contradict what has just been said, for there is no proof that -these things took place or that the Defendant Göring is responsible. The -Defendant Göring states that he was quite unaware of these events and -that he had nothing whatever to do with matters of that kind. As far as -I know, the Prosecution itself. . . . - -THE PRESIDENT: I have to interrupt you, Dr. Stahmer. You will have a -full opportunity of presenting arguments to us to show that the evidence -which is adduced, which is brought forward now against the Defendant -Göring, has really no reference to him. You will have a full opportunity -to do that at the appropriate stage when you present the defense. The -only question we are considering now, the technical question, is whether -this document is a document which is admissible. We are considering it, -of course, but it is not the appropriate time for you to present your -argument that the document does not refer to Göring and that Göring had -no knowledge of it. That will be your defense. It isn’t an objection to -the admissibility of the document. It is an argument to show that Göring -didn’t know anything about the document and didn’t know anything about -the experiments. - -Do you understand what I mean? - -DR. STAHMER: Yes, sir. - -M. MOUNIER: Mr. President, I only wanted, by introducing. . . . - -THE PRESIDENT: Yes, M. Mounier, continue. - -M. MOUNIER: Mr. President, I take leave to point out to you that my -friend, Mr. Elwyn Jones, has just pointed out to me that this is -admitted as proof in view of the conditions under which it was -submitted. This is the document entitled, “Neuropathology and -Neurophysiology, including Electroencephalography, in Wartime Germany.” -Besides this reference is found in the English copy which I submitted in -the modest document book which I submitted to the Tribunal just now. I -should like to tell you, Mr. President, in citing this short -passage. . . . - -THE PRESIDENT: Maybe the Tribunal had better keep the original document -for the present. - -M. MOUNIER: My aim, Mr. President, in citing this short passage, is to -demonstrate the truly atrocious way in which they treated people in -order to procure the necessary material for these so-called experiments. -According to the Prosecution this relates to Hermann Göring, for the -Tribunal will take into account the fact that these experiments were -made for the purpose of obtaining information of a scientific or -pseudo-scientific nature concerning the effects upon the brains of -airmen of all the accidents which might happen to them. - -These experiments are connected with those of Dr. Rascher, concerning -which some correspondence took place. The Defendant Hermann Göring -cannot have been ignorant of this correspondence, for it directly -concerned the Air Force, which he commanded. I cite, for instance, a -letter dated 24 October 1942, which was addressed by Himmler to Dr. -Rascher and which I submit to the Tribunal under the Exhibit Number -RF-1409 (Document Number 1609-PS). - -To save the time of the Tribunal I shall not read this letter. I shall -simply refer to another document which has already been cited as -Document Number 343-PS. It was submitted by the American Prosecution as -Exhibit Number USA-463, 20 December 1945 (Exhibit Number RF-1428), and -it is a letter which proves that as early as 20 May 1942 Field Marshal -Milch was charged by the Defendant Göring with the task of transmitting -to the SS his special thanks for the aid which they had given the -Luftwaffe with these pseudo-medical experiments. Consequently, we -consider that in this respect the responsibility of the Defendant -Hermann Göring is clearly established. - -Mr. President and Gentlemen, I have concluded the points concerning the -Defendant Hermann Göring to which I wanted to draw the attention of the -Tribunal. There is a conclusion in my brief against the Defendant -Hermann Göring. With the permission of the Tribunal I shall not read it. -I shall say that this conclusion is an extract from an old book dating -from 1669, which is certainly known to everyone in Germany at least. Its -title is _Simplizius Simplizissimus_ by Grimmelshausen. It is a work in -which persons are seen invoking dreams. Unfortunately the realization -seems to have been achieved by the National Socialist regime. - -I now go on to the Defendant Seyss-Inquart, whose case concerns most -particularly our friends in the Netherlands on behalf of whom France is -acting as counsel. - -Consequently, Mr. President and Gentlemen, as regards the Defendant -Seyss-Inquart, the French Prosecution is going to outline as briefly as -possible both in the name of the Netherlands Government and in its own -name the separate charges against this defendant. The part played by the -Defendant Seyss-Inquart, his participation in the annexation of Austria, -were carefully studied during the course of this Trial. But it is his -operations in Holland which deserve to be thrown into special relief -today. - -On 13 May 1940 the Netherlands Government left Holland for a friendly -Allied country. Its presence there was indicative of its firm -determination not to yield up in any way its sovereign rights. - -On 29 May 1940 the Defendant Seyss-Inquart, who had the rank of Reich -Minister without Portfolio, was appointed Reich Commissioner for the -occupied Netherlands. The Defendant Seyss-Inquart has therefore been -considered responsible, by virtue of his functions, for all the acts -committed by the so-called German Civil Government from that date up to -the capitulation of the German Army. The speeches which he made afford -evidence that he was invested not only with purely administrative -functions but also with political authority. - -It is, therefore, useless for him to try, as he did when he was -interrogated by my friend Mr. Thomas Dodd, to maintain that in Holland -he was nothing more than an official empowered to put his seal on -orders, in the same way that in Austria earlier he was practically only -a telegraph operator. This interrogation is dated 18 September 1945, -Pages 20 to 22. I do not insist further, as I did not wish to produce -these interrogations in order to avoid wasting the time of the Court -with the numerous interrogations which would have had to be cited in -cross-examination, and these documents will really remain for the -edification of the Court. - -THE PRESIDENT: M. Mounier, has the interrogation been put in? - -M. MOUNIER: No, Mr. President. - -THE PRESIDENT: Well, as a matter of technical procedure. . . . - -M. MOUNIER: I know in advance that you cannot accept this as proof -already constituted in your eyes, considering the rule. . . . - -THE PRESIDENT: Yes, it can be given if the rule is complied with. - -M. MOUNIER: My intention, Mr. President, is the following—to -state. . . . - -THE PRESIDENT: M. Mounier, I think you are misunderstanding me. Under -the article the prosecutors have got the right to interrogate any of the -defendants, and this was an interrogation of one of the defendants. - -If the Prosecution choose to do so, they can offer their interrogation -in evidence. If they do not choose to do so, they need not do so. Under -such circumstances the interrogation is not in evidence, and need not be -furnished to the defendant until it is. - -M. MOUNIER: Yes, Mr. President, I have not alluded to these statements -made by the defendant. I simply wish to point out that when the -defendant of whom I am now speaking is cross-examined, we shall be able -to confront him with the statements he made, or, at least, I hope so. - -With the permission of the Court I shall first take up the subject of -the Defendant Seyss-Inquart’s terrorist activities. These are shown by -the following measures: - -First, a whole system of collective fines. In March 1941 he established -a system of collective fines which were imposed upon the Dutch cities -where he thought that elements of the resistance movement existed. Thus -the city of Amsterdam had to pay a fine of two and a half million. - -The Defendant Seyss-Inquart also established a system of hostages. On 18 -May 1942 he published a proclamation announcing the arrest of 450 -persons in important official positions, who were only suspected of -being in relation with the resistance movement. - -In fact, the defendant has admitted before Mr. Dodd. . . . No, I stop, -Mr. President, I did not submit these interrogations. I shall pass over -this passage and only point it out in a general way, and I beg the Court -not to consider this fact as an infringement of the Charter. I am simply -pointing out to the Court that in this case, too, the Defendant -Seyss-Inquart tried to hide behind the shadow of the Reich Chancellor, -the shadow of the Führer, Hitler. - -By the decree of 7 July 1942, the defendant ordered that the German -tribunals, the judges of which he himself appointed, were to try not -only the German citizens in Holland, but also citizens suspected of -activities hostile to the Reich, to the Nazi Party, or to the German -people. - -At the same time the Defendant Seyss-Inquart introduced the death -penalty for those who had not properly performed the security jobs -assigned them by the Wehrmacht or the Security Police or who had failed -to inform the German command posts of all criminal projects directed -against the occupation forces which came to their knowledge. - -THE PRESIDENT: M. Mounier, you were citing then a proclamation dated 18 -May 1942. You did not give us any number as yet. - -M. MOUNIER: Mr. President, I ought to say that I am referring in a -general way to the official report of the Netherlands Government -(Document Number RF-1429). The government submitted a report. . . . - -THE PRESIDENT: Is it stated there? - -M. MOUNIER: Yes, Mr. President. - -THE PRESIDENT: Did that also apply to the document of 7 July 1942 that -you just spoke of? - -M. MOUNIER: Yes, Mr. President. The Defendant Seyss-Inquart also -appointed the SS Obergruppenführer Rauter, General Commissioner for -Security. The latter is responsible for the murder of thousands of -Dutchmen executed with the passive consent of Seyss-Inquart, inasmuch as -Rauter’s appointment was always maintained and was never terminated. - -On the other hand, the Netherlands Government charges the Defendant -Seyss-Inquart with the creation of a whole series of exceptional courts. -In May 1943 he established summary police jurisdiction, and in fact -through an ordinance issued by Hitler, Dutch prisoners of war who had -been freed shortly after the cessation of hostilities were once more -interned. A tough resistance showed itself in the Dutch factories and -the newly established summary jurisdiction sentenced several Dutch -citizens who were executed. Moreover, Seyss-Inquart did not fail to -boast of all these terrorist measures at a meeting of Dutch -collaborators and claimed responsibility for them. - -The Defendant Seyss-Inquart was Hitler’s supreme representative in -Holland. He should be considered as responsible, along with the -Defendant Sauckel, for the mass deportation of workers from Holland to -the Reich between 1940 and 1945. Whether or not the German military -authorities played any part themselves in the mobilization of labor, -Sauckel’s officials in Holland were normally placed under the authority -of the Reich Commissioner Seyss-Inquart, and he must be considered as -responsible for their actions. It was the Defendant Seyss-Inquart who -signed the decree of the Reich Commissioner, Number 26 of 1942, which is -found in the official Dutch report, in an official publication ordering -the compulsory transport of Dutch labor to Germany. Those who would not -work for Germany got nothing to eat; the occupation authorities even -went so far as to make huge roundups in the streets of Rotterdam and The -Hague in order to procure labor for the fortifications of the Wehrmacht. - -In regard to economic pillage during the Defendant Seyss-Inquart’s -period of office as Commissioner, the Dutch economic system was -plundered like that of the other occupied countries. In the winter of -1941-42 woollen goods were requisitioned by order of Seyss-Inquart for -the German Army on the Eastern front. In 1943 textiles and every-day -household articles were requisitioned for the benefit of the bombed-out -German population. Under what the occupation authorities called the -“Action Böhm,” people of the Netherlands were compelled to sell wines -and various objects destined to form gifts for the German population for -the celebration of Christmas 1943. - -The same thing happened with regard to the organization of the black -market, for, in order to carry out the Four Year Plan, Seyss-Inquart -gave the Defendant Göring and the Defendant Speer competent assistance -in the pillage of the Dutch economic system. We can say in this way that -a huge black market was fostered and maintained. The Four Year Plan -utilized “snatchers” for these alleged purchases but when Dutch -prosecutors tried to intervene they were prevented from doing so by the -German police. - -In 1940 the Defendant Seyss-Inquart issued an ordinance permitting the -German authorities in Holland to confiscate the property of all persons -who could be accused of hostile activities against the German Reich. The -property of the royal family was, on the Defendant Seyss-Inquart’s -orders, confiscated by the General Commission for Security. The -occupation troops could help themselves to everything that was of use to -them. - -This pillage was manifested in a particularly cruel manner by the abuses -which went on in connection with the requisition of food products. - -In fact, the official report of the Dutch Government and the document -already submitted by the Economic Section of the French Prosecution -under Document Number RF-139 (Exhibit Number RF-139), and Document -Number RF-140 (Exhibit Number RF-140) show that, from the very beginning -of the occupation, food stocks were systematically removed with the -consent of Seyss-Inquart—as was also the case with agricultural -produce, which was transported to Germany. When a railway strike broke -out in the north in September 1944, soon after the liberation of -southern Holland, Seyss-Inquart, in order to break the strike, gave -orders that no food stocks were to be moved from the northeast to the -West. As a result of this, it was impossible to establish food stocks in -the West. - -Consequently, Seyss-Inquart must also be held responsible for the famine -which ensued during the winter of 1944-45, causing the death of some -25,000 Dutchmen. - -In regard to works of art, the pillage was carried on in the same way. -The Defendant Seyss-Inquart must be considered responsible for -organizing the removal of works of art from Holland, since he expressly -called in his friend, Dr. Mühlmann, who was a specialist in this branch. - -In this connection I refer to the document submitted by the Economic -Section of the French Prosecution under Document Numbers RF-1343 and -RF-1344. The Defendant Seyss-Inquart issued a whole series of measures -contrary to international law which did considerable harm to the -Netherlands. - -In 1941 the Dutch authorities had established a currency control system -which allowed them to keep track of purchases made with German money, -either of goods or public funds, with the aim of preventing abuses which -would lead to the plundering of Holland’s wealth in the form of -materials or of currency. - -On 31 March 1941 the Defendant Seyss-Inquart abolished the “currency” -frontier existing between the Reich and the occupied Dutch territory. By -so doing, he paved the way for all the abuses committed in monetary -matters by the occupying power, in addition to the impossible sums -demanded by Germany to defray the expenses of occupation: 500 million -Reichsmark on 24 March 1941. - -The frontier control between Dutch occupied territory and Germany was -also abolished by order of Göring, in order to expedite the pillage of -the Netherlands’ economic system. When the war began to go badly for the -Wehrmacht, especially after 1 September 1944, the destruction became -systematic. The objectives aimed at by the Germans in the Netherlands -were the following: First, to demolish or put out of action factories, -shipyards, basins and docks, port installations, mines, bridges, railway -equipment. Second, to flood the western parts of Holland. Third, to -seize raw materials, semi-manufactured products, manufactured goods and -machines, sometimes by requisitioning, sometimes in return for payment -in money, but in many cases simply by force of arms. Fourth, to break -open safe-deposits containing securities, diamonds, _et cetera_, and to -take illegal possession of these. The result of these measures, -responsibility for which devolves wholly or to a great extent on the -Defendant Seyss-Inquart, was to throw Holland into a state of -unspeakable and undeserved misery. - -I have now concluded, Mr. President, the case of the Defendant -Seyss-Inquart. - -THE PRESIDENT: M. Mounier, how long a time do you anticipate you will -take this afternoon, because I understand that the case against the -Defendant Hess will be presented afterwards; and it is important that he -should finish that day, so that the Chief Prosecutor may have a full day -for his opening statement. - -M. MOUNIER: Mr. President, both yesterday and today I have yielded most -willingly to the wishes of the Tribunal. I understand perfectly your -anxiety to expedite the trial as much as possible, and in view of this, -I shortened the remarks which I was going to make to you this morning. -For this reason, too, I state in the name of the French Prosecution that -I shall now forego the presentation of the cases of the other -defendants, which were on the schedule. I merely ask the Tribunal to -refer to the files which we have submitted, except in the case of Keitel -and Jodl. If it please the Court, my friend and colleague, M. Quatre, -will make a few remarks about these two defendants at the beginning of -this afternoon’s session. He will try to make them as short as possible. -In that way the British Delegation will have the two hours which it -needs to present the case of Hess. - -Consequently, may it please the Court, M. Quatre will take the floor for -an hour at two o’clock and then give way to the British Delegation. - -THE PRESIDENT: Another question that I would like to ask you, M. -Mounier, as to the documents against the other defendants, other than -Keitel and Jodl, have they been furnished to the defendants concerned in -them? - -M. MOUNIER: Yes, they have, Mr. President. - -THE PRESIDENT: We will adjourn now. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -M. CONSTANT QUATRE (Assistant Prosecutor for the French Republic): Mr. -President, Your Honors, I have the honor today to bring to a close the -presentation of the French Prosecution by recapitulating the charges -against the Defendants Wilhelm Keitel and Alfred Jodl. Before going into -my statement, I shall ask the Tribunal for permission to present a few -observations. First of all, to spare the time of the Tribunal, we have -joined the two defendants in the same brief. Their activities were -carried on so much in common that in separating them we would run the -risk of tedious repetitions and for this reason, I am condensing as far -as possible what I have to say. - -This presentation consists of three parts. In an introduction, I have -endeavored to show the position of the two defendants in the general -design of their activities. The first part following this deals with the -preparation of plans of aggression, and will only be mentioned. It has -already been sufficiently expounded so that it need not be brought up -again. - -The second part will claim my special attention. It concerns the -responsibility incurred by the defendants for the crimes committed in -the course of the war. In this connection, I shall not mention all the -documents, testimonies, and interrogatories concerning these two -defendants. If their guilt is a function of the repetition of their -crimes, its main characteristic is the criminal intent which caused -these crimes to be carried out. This criminal intent is made -particularly clear by the few documents to which I have limited myself. -I shall ask the Tribunal’s permission to make a few intentionally brief -quotations from these. - -The documents quoted will be first quoted under the session number, -which you will find written in red in the margin of the copy before you. -I shall thereupon indicate the original number. If the document has -already been submitted, I shall furnish the date at which it was -submitted and the number under which it was submitted. - -As Chief of the National Socialist Party and subsequently as Chancellor -of the Reich, Hitler endeavored to gain sole control of the German Army. -He wanted the unity which he had established between Party and State to -prevail throughout the Army, the State, and the Party. Only under these -conditions would the war machine be capable of fulfilling its function. -The initial impulse would come from the Party, the State would translate -it into action, and the Army would impose it, if necessary, both at home -and abroad. - -To achieve this aim it was necessary first of all to impose legislation -which would in fact bring the whole military organization under the -Führer’s orders. It was also necessary to take steps to eliminate -personalities too unyielding to submit to these measures. The execution -of Von Schleicher in 1934 and the disgrace of Blomberg in 1938 are two -examples. All that remained was to provide for their replacement by -military chiefs whose conscience was sufficiently elastic to allow them -to play the part of faithful executives. Keitel and Jodl were among -these. - -Their personal convictions and their rapid rise to eminence prove this. -Questioned on 3 August 1945 by Colonel Ecer of the Czechoslovakian -Military Judiciary, the Defendant Keitel spoke thus of his relations -with Hitler and the National Socialist Party, (Exhibit Number RF-1430, -formerly Document Number RF-710): - - “In my innermost thoughts I was a faithful supporter of Adolf - Hitler and my political convictions were National Socialist. - When the Führer accorded me his confidence, my personal contact - with him further influenced me towards National Socialism. Today - I am still a firm partisan of Adolf Hitler, which does not imply - that I adhere to all the points of the program and policy of the - Party.” - -On 7 November 1943, in a speech delivered in Munich to the leaders of -the Reich and of the provinces on the strategic position of Germany at -the beginning of the fifth year of the war, Jodl made the following -statement by way of peroration, Exhibit Number RF-1431, Document Number -L-172, submitted by the American Prosecution of 27 November 1945 under -Number USA-34: - - “At this moment I should like to testify, not only with my lips - but from the bottom of my heart, that our trust and confidence - in the Führer are boundless.” - -Keitel, who entered the Army in 1901, was still a colonel in 1931. Jodl, -who was 3 years younger, was promoted to the rank of lieutenant colonel -only in 1932, in spite of the opportunities offered by the war of -1914-18. The past years had brought them only mediocre advancement. -Those which lay before them were to lead them to the heights of honor -and responsibility. They saw their star rising at last simultaneously -with that of the new master of Germany. The immediate result was their -admission to public life. - -During the years preceding the war, Keitel did not cease to exercise -high functions in the most exalted ranks of the German Armed Forces. As -he was in special favor with the new master of Germany, he adopted every -possible means of strengthening the influence of Nazi ideology within -the Army from the moment of Hitler’s accession to power. His activities -in the Armed Forces Department were particularly fruitful. This was a -ministerial organization which temporarily replaced the Reich Ministry -of War and was responsible among other things for the preparation and -co-ordination of plans affecting the German Army. The defendant’s period -in office is rendered the more noteworthy by the fact that sweeping -changes in organization had just been effected. The Reichswehr of the -professional soldier was replaced by the Wehrmacht, recruited by -compulsory military service. It was not enough to call the whole youth -of Germany to the flag; it had to be clothed and fed and supplied with -powerful modern weapons. This increase in the number of men under arms, -these beginnings of a military economy and of a policy of rearmament, -were largely due to the efforts of the defendant, who at that time -enjoyed, in fact if not in theory, the prerogatives of a Minister of -War. - -On 4 February 1938, when Hitler abolished the War Ministry and -proclaimed himself Commander-in-Chief, he transferred the chief powers -of the Ministry to the High Command of the Armed Forces and its chief, -Keitel, became at the same time Chief of the Führer’s personal staff. - -The defendant was to retain these functions until the German Army -capitulated. As Chief of the High Command of the Armed Forces, Keitel -did not exercise direct authority over the three services composing the -Armed Forces: the Army, the Air Force, and the Navy, which were directly -under Hitler. His particular function was the co-ordination of matters -affecting the three services; he acted as liaison agent between Hitler -and these three services, but he did more than this. His main role was -that of adviser. He collated the information reaching him from the -different services under his orders. This included reports from the -Operations Staff under Jodl, information from the office of Admiral -Canaris, reports made by the economic Armament Office under General -Thomas, and by the administrative, financial, and legal branches. No -matter how personal and authoritative Hitler’s way of working may have -been, it did not exclude the regular and constant participation of -Keitel in the acts of his master. It was he who was in a position to -carry out his chief’s demands, to suggest, to prepare, or to modify his -decisions. - -If we consider his qualifications as a member of the Defense Council of -the Reich and as a member of the Secret Cabinet Council and also -consider their political importance, it is easy to see the scope of the -role played by the defendant in every sphere, whether in the preparation -of military plans in the strict sense of the term, the life or conduct -of the German Army, the distribution of manpower, or the utilization of -the economic resources of Germany. - -Whenever a meeting was held at general headquarters or at the -Chancellery, Keitel was present. He was present when Hitler made -decisions of major importance. He was at his side on marches into the -countries to be annexed. When orders by Hitler had to be transmitted, he -in his turn would give orders, elaborating his chief’s ideas and adding -his personal contribution. In countersigning Hitler’s decrees, Keitel -did not alter the validity of these texts as regards the law of the -Third Reich, but he gave Hitler a guarantee of their usefulness for the -Wehrmacht and their execution to the last detail. It was in that way in -particular that he acknowledged responsibility. - -Like Keitel, Jodl was one of those men who staked their success on the -success of the new regime and its creator. His attitude, his orders, and -his activities show that he was a general inspired by political -considerations, attached to Hitler, who showered favors on him. In -assuming the direction of the general Operations Staff of the High -Command of the Armed Forces, he also took an active and important part -in the elaboration of his chief’s orders. - -Hitler represented the exclusive right to make decisions (Page 9 of my -brief) but the two defendants who shared his every-day life during the -period of hostilities brought his decisions into being, elaborated them, -and ensured their execution. - -Jodl fulfilled this role of counsellor, although in theory his authority -was by no means equal to Keitel’s. This did not prevent him from -intervening in matters outside the field of pure operations, but in -which he likewise engaged his personal responsibility. - -This responsibility of the two defendants has a bearing on the -preparation and execution of plans of aggression. We shall not come back -to this point. In this matter our British colleague, Mr. Roberts, has -brought out perfectly the role played by these two defendants, and we -shall consider more particularly their responsibility in the conduct of -the war. - -First of all, their responsibility for the murder and ill-treatment of -civilians, collective sanctions, and the murder of hostages (Page 13 of -my brief). - -From the beginning of the war and keeping pace with the occupation of -new territories by the German armies, there appeared measures against -the civilian population, in violation of the laws of war and of the law -of nations. These violations range from the apparently harmless to the -most severe sanctions, the most cruel treatment, the most senseless and -inhuman executions. - -If we turn to the occupied territories in the East, towards Norway, -towards the western countries, we find everywhere the same reactions, -the same scrupulous execution of the same directives. On 16 September -1941, Keitel signed an order regarding the repression of communist -insurrectionary movements in the occupied territories. This is Exhibit -Number RF-1432, Document Number 389-PS. If the Tribunal will permit me, -I should like to read briefly from this document. Keitel’s directives -are the following: - - “Every case of insurrection against the German occupying power - is to be attributed to communist initiative irrespective of the - particular circumstances. - - “The most severe measures are to be taken to nip the rising in - the bud at the first signs, so as to uphold the authority of the - forces of occupation and to prevent such movements from - spreading. Moreover, it must not be forgotten that in the - countries in question human life often means nothing and that - intimidation can be achieved only by unusual severity. In this - case, the death penalty must as a general rule be considered a - fitting reprisal for the death of a German soldier.” - -THE PRESIDENT: We have had this read already. - -M. QUATRE: I am sorry, Mr. President. On 5 May 1942, addressing himself -to Belgium and France in particular, Keitel ordered hostages to be taken -and executed in these two countries. They were to be chosen from the -nationalists, the democrats, and the communists. This is Exhibit Number -RF-1433 (Document Number 1590-PS), the original of which is now in the -hands of the Prosecution of the Union of Soviet Socialist Republics, -which will not fail to submit it in the course of its presentation. This -order merely confirms previous directives, since orders given in August -and September 1941 by General Von Stülpnagel, Commander-in-Chief in -France, already concerned the execution of hostages. This is Exhibit -Number RF-1434 (Document Number 1588-PS) submitted 29 January 1946 by -the French Prosecution under Exhibit Number RF-274. - -To impose order in the occupied territories and to protect the members -of the German Army from attempted violence, Keitel did not hesitate to -violate the stipulations of Articles 46 and 50 of the Hague Convention, -which forbid the use by the occupying power of all means of coercion or -collective reprisals and which, on the contrary, impose respect for the -lives of individuals. - -These were not isolated cases of violation; the same things are repeated -in all the occupied countries. These preventive arrests were built up -into a system. They are well suited to the goal that the High Command -had set itself: That of assuring in this manner a certain attitude on -the part of the population which should be advantageous from a military -point of view. The terms of Exhibit Number RF-1433, which I have just -quoted, are perfectly definite: - - “. . . the military commanders should always have on hand a - certain number of hostages of various political leanings. . . . - - “It is important that these should include personalities in the - public eye. . . . - - “In cases of attempted violence, hostages belonging to the same - group as the guilty person are to be shot.” - -The reign of terror thus instituted was to reach its climax in the -regulations for applying the Nacht und Nebel decree, issued by Keitel on -12 December 1941. This is Exhibit Number RF-1436, which I submit today -as Document Number 669-PS. If the Tribunal will allow me, I shall read a -few characteristic lines indicating Keitel’s intentions. - -THE PRESIDENT: I think we had it more than once already. - -M. QUATRE: I apologize, Mr. President, and I shall go on. This is the -starting point of the deportations to which France, among other -countries, has contributed in such a great degree. It is unnecessary to -labor the point. You know the treatment inflicted upon these women and -men, torn from their homes in contempt of every law; and the atrocities -committed on them are present to all our minds. - -Let us likewise call attention to Exhibit Number RF-1437 (Document -Number UK-20) submitted 9 January 1946 as Exhibit Number GB-163. That is -an order of 26 May 1943, signed on his behalf, in which Keitel -prescribed in Paragraph 3 that detailed investigations are to be made in -given cases regarding the relatives of Frenchmen fighting for the -Russians, if these relatives reside in the occupied zone of France. If -the investigation reveals that these relatives have helped to facilitate -their flight from France, severe measures are to be taken. - -On 22 September 1943 the High Command of the Armed Forces, this time -over Jodl’s signature, sent the Commander-in-Chief in Denmark a telegram -interesting from two points of view. It is Exhibit Number RF-1438 -(Document Number UK-56) already submitted on 31 January 1946, under -Exhibit Number RF-335. The first paragraph authorizes the enrollment of -Danish nationals in the military formations of the occupying army, in SS -formations. Apart from being injurious to the honor of the individuals, -it contravenes the terms of the preamble of the Hague Convention, which -stipulates that, in cases not included in the regular provisions, the -population and the belligerents must remain under the safeguard of the -laws of humanity and the exigencies of the public conscience. This -attempt at Germanization ignored completely the exigencies of the public -conscience. - -As for the second paragraph of this telegram ordering the Jews to be -deported from Denmark to Germany, that is the application of the general -principle of the deportation of Jewish populations which was to lead to -their utter extermination. The Tribunal is sufficiently informed on this -point, so it is unnecessary to labor it. - -I now come to the unwarranted devastation and destruction of cities, -towns, and villages (Page 20 of my brief). The policy of terrorism -carried on by the German armies in France against the resistance -movement, against the Free French Forces, broke all bounds when the -occupying power took steps, not against the members of the resistance -forces themselves, but against the inhabitants of villages and towns -suspected of harboring these resistance forces or giving them aid. I -quote in this connection from a brochure put out by the High Command of -the German Armed Forces under the date of 6 May 1944, which bears the -signature of the Defendant Jodl in the name of the Chief of the OKW. -This is Exhibit Number RF-1439, formerly Document Number F-665, -submitted 31 January 1946 under Exhibit Number RF-411. Paragraph 161 of -this notice reads as follows: - - “The cleaning up of villages suspected of concealing bands needs - experience. The forces of the Security Service and the rural - Secret Police are to be employed. The real helpers of the bands - are to be identified and the most rigorous measures taken - against them. Collective measures against the populations of - entire villages, including the burning of the places in - question, can be ordered only in exceptional cases and then only - by divisional commanders, SS leaders, or chiefs of police.” - (Page 21 of my brief.) - -But what the Defendant Jodl had ordered as an exceptional measure became -the general rule in France in the spring and in the summer of 1944. -Actions which had been exceptional when this order was signed now took -on the aspect of large-scale operations, ordered and carried out in -violation of the law of nations by army units assisted by the forces of -the Security Service and the rural secret police. - -On the pretext of investigating or making reprisals against local -resistance elements, German officers and men scrupulously carried out -the orders given by the Chief of the Operations Staff. - -It was in this way that the withdrawal of German armies in France was -marked by dead towns such as those which bore the names of -Oradour-sur-Glane, Maillé, Cerizay, Saint-Dié, and Vassieux-en-Vercors. -Jodl is responsible for these “mopping-up” operations, which began with -the most arbitrary arrests and went on by progressive stages to torture, -the wholesale massacre of men, women, old people, and children—even -infants in arms—and the looting and burning of the villages themselves. -No distinction was made among the inhabitants; all of them, even the -babies, were “genuine auxiliaries.” - -Never have the necessities of war justified such measures, all of which -constituted violations of Articles 46 and 50 of the Hague Convention. - -I come now (Page 23 of my brief) to the mobilization of civilian workers -and to the deportation of civilians for forced labor. The decree -appointing Sauckel Plenipotentiary for Labor Allocation, under date of -21 March 1942, is signed by Hitler, Lammers, Chief of the Reich -Chancellery, and the Defendant Keitel. This is Exhibit Number RF-1440 -(Document Number 1666-PS) submitted by the American Prosecution on 12 -December 1945 under Exhibit Number USA-208. - -The first paragraph provides for the recruiting of all available -civilian labor for employment in the German war industry and -particularly in the armament industry. All unemployed workers in -Germany, the Protectorate, the Government General, and all the occupied -territories were liable for this. This constitutes a violation of -Article 52 of the Hague Convention. - -On 7 November 1943, in the course of the speech to which we have already -alluded, the Defendant Jodl, speaking of the tasks incumbent upon the -populations of German-occupied territories, declared in Exhibit Number -RF-1431 (Document Number L-172) which I quoted some time ago: - - “In my opinion the time has come when we must have no scruples - in taking stern and resolute measures in Denmark, Holland, - France, and Belgium in order to force thousands of unemployed to - work on fortifications, which is more essential than any other - work. The necessary orders have already been given.” - -Sauckel would not have expressed himself otherwise. Jodl also champions -this requisitioning of services to utilize the potential labor of the -western occupied territories for military purposes in the exclusive -interest of Germany. It matters little that the Hague Convention -prohibits such procedure. For him, too, total warfare and the triumph of -Germany take precedence over respect for international conventions or -the customs of war. - -I now come to the responsibility of the Defendant Keitel in the sphere -of economic spoliation and looting of art treasures. I shall be -extremely brief. I point out to the Tribunal three documents which have -already been submitted to it. I simply refer to them: Exhibit Number -RF-1441 submitted yesterday by my colleague of the Economic Section -under Exhibit Number RF-1302, and Exhibit Number RF-1400 (Document -Number 137-PS) submitted 18 December 1945 by the American Prosecution -under Number USA-379, and finally Exhibit Number RF-1443 (Document -Number 138-PS), submitted yesterday under Exhibit Number RF-1310. - -In regard to this, I shall merely submit to the Tribunal today a short -letter consisting of five lines, addressed by Keitel to Rosenberg, Chief -of the Einsatzstab. This is Exhibit Number RF-1444, (Document Number -148-PS) which reads as follows: - - “Most Honored Reich Minister. - - “In reply to your letter of 20 February I inform you that I have - instructed the High Command of the Army to make the necessary - arrangements with your delegate for the work of your special - units in the operational area.” - -It can therefore be said that Rosenberg’s activities received the -continued support and assistance of the Army from the very first and in -this way Keitel also made a personal contribution to the looting of the -art treasures of France and the western countries. These measures were -at first invested with an appearance of legal justification. They did -not take place, according to Keitel, by virtue of a right to take, but -simply as a guarantee for future peace negotiations. But these measures -quickly degenerated into a general plundering of the art treasures of -all kinds possessed by these western countries, in violation of the -stipulations of Articles 46, 47, and 56 of the Hague Convention, which -forbid the confiscation of private property and the pillage or seizure -of works of art and science by the members of the occupying army. - -I have now reached the last main part of my brief, which concerns (Page -28) the violations of conventions and laws of war relating to prisoners -of war. In this field, in particular, Keitel and Jodl have made -themselves guilty of peculiarly unwarrantable measures, contrary to the -laws of war. - -To begin with, they have violated Article 6 of the Appendix to the Hague -Convention, which stipulates that “work carried out by war prisoners -shall not be excessive and shall have no connection with war -operations.” - -Now, in a memorandum signed on his behalf, dated 31 October 1941, -Keitel, as Chief of the OKW, forces Russian prisoners of war, interned -in the Reich, to perform work connected with war operations. This is -proved by Exhibit Number RF-1445 (Document Number EC-194) submitted by -the American Prosecution on 12 December 1945, under Exhibit Number -USA-214. In this text Keitel expresses himself thus: - - “The Führer has just ordered that even the labor capacity of - Russian prisoners of war must be placed at the disposal of the - German war economy on a large scale.” - -That is the signal for the immediate setting up of a program for -incorporating these prisoners into the German war economy. It is true -that in 1941, this document concerns only Russian prisoners of war; but -from 21 March 1942, the incorporation of all war prisoners into the -German war industry, and more especially the armament industry, is put -into practice. The decree signed by Hitler appointing Sauckel -Plenipotentiary for Labor Allocation, to which reference already has -been made, provides, likewise, for the use of all prisoners of war in -the German armaments industry. This is shown by Document RF-1440, which -reveals the violation of Articles 27, 31, 32, and 33 of the Geneva -Convention. - -One month later, on 20 April 1942, Sauckel expressed himself thus, in -his mobilization program for the labor forces, Exhibit Number RF-1446 -(Document Number 016-PS) submitted 11 December 1945 by the American -Prosecution, under Exhibit Number USA-168: - - “It is absolutely necessary to make the fullest possible use of - all prisoners of war and to employ the greatest possible number - of new civilian workers, both men and women, if the labor - program in this war is to be realized.” - -In this way Sauckel succeeded in incorporating 1,658,000 prisoners of -war into the war economy of the Reich by 6 February 1943, as he -announced in a speech made at Posen. This is shown by Exhibit Number -RF-1447 (Document Number 1739-PS), submitted on 8 January 1946 by the -French Prosecution under Exhibit Number RF-10. - -The 1,658,000 prisoners of war were the following: Belgians, 55,000; -French, 932,000; British, 45,000; Yugoslavs, 101,000; Poles, 33,000; -Russians, 488,000; Others, 4,000; Total: 1,658,000. - -The fact that such a large contingent was put at the disposal of the -German war economy implies perfect collusion between Sauckel’s labor -services and Keitel, who, in his capacity of Chief of the High Command, -was responsible for this reservoir of manpower and the use to which it -was put. - -These flagrant violations of the Hague and Geneva Conventions were later -accompanied by measures inspired or authorized by the defendants, which -were even more serious because they no longer violated only the war -prisoners’ rights as such but also involved physical assaults on their -persons, which might even cause their deaths. These violations have a -bearing, first of all, on the violation of security (Page 32 of my -brief). - -Exhibit Number RF-1448, (Document Number 823-PS), submitted 30 January -1946 under Exhibit Number RF-359 offers us a report drawn up by the -office of the Operations Staff for the Chief of the High Command. It -relates to the establishment of camps for British and American Air Force -prisoners in German bombed towns. The Operations Staff of the Luftwaffe -proposed this arrangement so that the presence of these air force -prisoners might protect the population of the cities concerned against -possible attacks by the British and American Air Forces and in order to -transfer all the existing camps for air force prisoners to these places. - -Jodl approved this measure on behalf of the General Staff of the High -Command, considering that if it was limited to the establishment of new -camps, it would not be contrary to international law. - -If we did not know the reason underlying this decision we might believe, -like the Defendant Jodl, that it does not run counter to international -law. But this measure, as the first lines of this document specify, is -above all an indirect means of safeguarding the German urban population. -The Allied war prisoners are only a means of warding off possible air -attacks; and to attain this end no hesitation is shown in aggravating -their condition by exposing them to the dangers of war. This is a grave -violation of the obligation regarding the safety of prisoners imposed by -Article 9 of the Geneva Convention upon the power detaining prisoners of -war. - -Keitel writes only two words on the first page of the document—“No -objections”—and adds his initials. - -I now come (Page 34) to the measures taken against escaped prisoners. -The nature of these measures later became particularly serious, as is -shown by Exhibit Number RF-1449 (Document Number 1650-PS), submitted on -13 December 1945 by the American Prosecution under Number USA-246. The -Tribunal is sufficiently informed as to this and it is not necessary, I -think, for me to read it. - -This document reveals the “Aktion Kugel” which was designed to put a -stop to the escapes of officers and noncommissioned officers. Its only -purpose was to turn escaped prisoners over to police organizations. This -is the Sonderbehandlung mentioned in orders and reports, but this -“special treatment,” as you know, is nothing more or less than -extermination. - -Yet, in the terms of Article 47 and succeeding articles of the Geneva -Convention, only disciplinary punishment in the form of arrest can be -inflicted by the detaining power on escaped prisoners of war. Keitel did -not hesitate to abandon these methods for more radical means. - -DR. OTTO NELTE (Counsel for Defendant Keitel): The French prosecutor is -about to refer to a document which is in the document book under RF-711 -and has been presented to the Court under Document RF-1450. This -document is marked as a summary of an interrogation of General Westhoff, -and it forms a particularly grave charge against the Defendant Keitel. -It concerns the shooting of R.A.F. officers who had escaped from the -Camp of Sagan. I protest against the use of this document in evidence -for the following reasons: - -1. The original is not an affidavit but only a summarized report of -General Westhoff’s statements. 2. The report submitted is not signed by -Colonel Williams, who conducted the interrogation. It is not signed at -all but has only a translator’s note on it. 3. One cannot see, from the -document, who drafted it. 4. In addition, one cannot see from that -report whether General Westhoff was questioned under oath. 5. General -Westhoff is, as far as I know, right here in Nuremberg. 6. There is a -protocol concerning General Westhoff’s interrogation. For these reasons -I ask the Court to verify whether that document, which has been -presented as a résumé of General Westhoff’s interrogation, can be -admitted in evidence. - -THE PRESIDENT: [_Turning to M. Quatre._] Well, what do you say to the -various points raised by Dr. Nelte? - -M. QUATRE: Mr. President, I recognize the soundness of the request by -the Defense and I shall be in a position at the end of this session to -produce before the Tribunal the complete minutes of the interrogation of -General Westhoff, accompanied by an affidavit by Sir David Maxwell-Fyfe. -I regret not being able to produce them at the moment. I received these -minutes late for certain reasons and I thought it better not to add them -to my document book. - -THE PRESIDENT: The Tribunal considers that the document which you have -submitted to us cannot be admitted. It is a mere résumé. The Tribunal -thinks, also, that it can allow the interrogatory to be used only if a -copy of it is handed to the defendants’ counsel and the witness who made -the interrogatory is submitted to the defendants’ counsel for -cross-examination, if they wish to cross-examine him. Otherwise you must -call General Westhoff and examine him orally. Is that clear? I will -repeat it if you like. - -The document you have submitted to us is rejected. You can either call -General Westhoff as a witness, in which case, of course, he will be -liable to cross-examination; or you can put in the interrogatory after -you have supplied a copy of it to Defense Counsel, and then General -Westhoff, who made the interrogatory, will be liable to -cross-examination by the Defense Counsel. - -SIR DAVID MAXWELL-FYFE: Would the Tribunal allow me to intervene for one -moment? - -The document to which my learned friend referred a moment ago as having -been certified by myself is a report of the United Nations War Crimes -Commission, which I received from the Chairman, Lord Reith, and -certified as such a report. It therefore, in my respectful submission, -becomes admissible under Article 21 of the Charter. It is not merely a -transcript of the interrogation. That is the document to which my -learned friend referred and that is available and can be procured quite -shortly. - -THE PRESIDENT: Sir David, I follow that point, but at the same time that -does not altogether meet the situation. If it is true that General -Westhoff is in Nuremberg at the present moment, it would scarcely be -fair that a document of that sort should be put in unless the person who -made the statement or from whose interrogatory the statement was -composed was submitted for cross-examination. - -SIR DAVID MAXWELL-FYFE: With the greatest respect, My Lord, I should -like the Tribunal to consider that point because the Tribunal has not -got the document in front of it; but it is a report to the United -Nations War Crimes Commission, based on the interrogatory. It therefore, -in my respectful submission, becomes admissible as a report within the -actual words of Article 21 and therefore is a matter which the Tribunal -shall, under the Charter, take judicial notice of. - -THE PRESIDENT: Would your submission be that the right course would be -to take that report into consideration and leave it to the defendants, -if they wished it, to call General Westhoff? - -SIR DAVID MAXWELL-FYFE: That would be my submission—that is my -submission because of the effect of Article 21 or the course which is -contemplated in view of the special powers and special validity given to -such reports by Article 21. - -THE PRESIDENT: The Tribunal would like to know whether the interrogation -was made by the Prosecution in Nuremberg? - -SIR DAVID MAXWELL-FYFE: I am told that the interrogation was made in -London. I did not know that General Westhoff was in Nuremberg. I will -make inquiries on that point. - -THE PRESIDENT: Sir David, were you able to inform us whether or not the -interrogation was made in Nuremberg or in London? - -SIR DAVID MAXWELL-FYFE: I am told it was made in London. - -THE PRESIDENT: Do you know where the witness is now? - -SIR DAVID MAXWELL-FYFE: I did not know he was in Nuremberg until Your -Lordship mentioned it, but I can easily verify that point. - -DR. NELTE: Last week I received a letter from General Westhoff, from the -witnesses’ block of the prison here in Nuremberg, with answers to other -questions. So you see that he was here last week. - -THE PRESIDENT: The Tribunal will adjourn now. - - [_A recess was taken._] - -SIR DAVID MAXWELL-FYFE: I wonder if I might just add one or two words to -clarify the position. I do this because this is a matter to which the -British Government, in particular, attached very great importance. - -The position was that last September—on 25 September—the British -Government sent a full report of this incident to the United Nations War -Crimes Commission. That report included statements before a court of -inquiry, statements of Allied witnesses, statements taken from German -witnesses, including General Westhoff, a copy of the official lists of -the dead, and a report of the protecting power. All that was sent by the -British Government to the United Nations War Crimes Commission last -September; and the statement of General Westhoff, which I certified as -being a report of the United Nations War Crimes Commission, was part of -an appendix to that report which was then in the custody of the United -Nations War Crimes Commission and of which a copy was sent to me here. - -I provided that to my French colleagues and that refers to an earlier -report made by General Westhoff at an interrogation which took place in -London as a part of the matter of that report. - -The document which my learned friend was adducing today was a summary of -a subsequent interrogation of General Westhoff taken in Nuremberg. My -Lord, I wanted to get the position perfectly clear, if I could, to the -Tribunal, because, as I say, the incident is one of some importance and -the British Government report will be, I hope, tendered the Tribunal by -my Soviet colleague, as the incident lies to the east of the line which -we have drawn through the center of Berlin and therefore falls within -the Soviet case. - -But I do not want the Tribunal to be under any misapprehension as to the -nature of the earlier report that was made, the one which my learned -friend referred to as being able to put in later should the Tribunal -desire it. - -THE PRESIDENT: But you are agreed that the document which is now being -offered to the Tribunal is not a government document within Article 21 -of the Charter? - -SIR DAVID MAXWELL-FYFE: I quite respectfully agree that that is not -really the document on which I intervened. I intervened on the second -one. - -THE PRESIDENT: At this stage we are not concerned with that document, -only with the document offered in evidence to which Dr. Nelte objected, -and that document is not a government document within Article 21. - -SIR DAVID MAXWELL-FYFE: That I understand is so, but I was really -intervening to explain that the second document comes. . . . - -THE PRESIDENT: I quite understand, yes. The Tribunal allows the -objection of Dr. Nelte. It considers that the document which has been -submitted is not a governmental document within Article 21 of the -Charter and is therefore rejected. The Tribunal adheres to the decision -which I announced just before we adjourned, namely, that if the -Prosecution desires to do so, they can produce the interrogation of -which the document submitted to them is understood by them to be a -résumé; and if they do so, then they must produce the witness, General -Westhoff, for cross-examination by the defendant’s counsel. In the -alternative, they can produce and call General Westhoff himself and -then, of course, he will be liable to cross-examination by the -defendants’ counsel. - -M. QUATRE: I take notice of the Tribunal’s decisions and I should like -to state that as I am eager not to lose time, and much time has already -been lost in the course of today’s session, we shall not make use of -this document now, nor shall we call General Westhoff. I shall simply -request the Tribunal to note that we reserve the right to call General -Westhoff, if necessary, when the defendants are cross-examined. May I -continue, Mr. President? - -THE PRESIDENT: You may. - -M. QUATRE: I had reached, Gentlemen, Page 36 of my brief, concerning the -treatment of Allied airmen who were prisoners. This point had already -been discussed at some length before you. - -THE PRESIDENT: Perhaps I ought to say that the Tribunal will be willing -to sit this evening until half past five, in order that the case against -the Defendant Hess may be concluded; but it is very important that the -case should be concluded tonight, against the Defendant Hess, because -the Soviet Prosecution will require the whole day for their presentation -tomorrow. - -M. QUATRE: Mr. President, I shall be very brief. I shall pass straight -on to my conclusion. I shall say nothing about the treatment of Allied -airmen. You know the circumstances, as well as the treatment of commando -troops, and I once more beg the Tribunal’s pardon for having -unintentionally spoken at such length. I shall now conclude. - -It is definitely the conception of criminal intention which was present -in the drafting of the orders and directives which we have just -examined. The reality of the acts perpetrated as a result of these -decisions cannot be denied, nor should we overlook or underestimate this -moral element, qualified by French penal law, to use the formula of an -eminent jurist as “knowledge on the part of the agent of the illicit -character of the acts performed by him.” The two defendants were fully -cognizant of the illicit nature of orders which they knew would be -scrupulously carried out. - -With Keitel and Jodl the systematic rejection of the laws and customs -that mitigate the horrors of war and the setting up, as a matter of -principle, of the most barbarous practices, are the reflection of the -norms and precepts of National Socialism and its leader, for whom all -international rules, all conventions, any ethical code represented an -intolerable restraint, an obstacle to the goal to be attained, inasmuch -as they interfered with the higher interests of the German community. - -It is not a matter of indifference to know whether Keitel and Jodl were -urged by personal ambition or whether, true to the pan-German tradition -of the German General Staff, they yielded to the National Socialist -frenzy in the hope of one day seeing the arrogant pretensions of Germany -fully realized. - -The most important point in our opinion is the personal contribution -which they consciously and voluntarily made to the enterprise of -destruction carried out by the Third Reich. - -For 10 years Keitel was the “king pin” of the German Army and from 1936 -onward Jodl did not cease to be his collaborator. Before the war they -worked to promote the war, and during the war they deliberately flouted -the rules of law and justice, the sole safeguards of fighting men, held -the dignity of mankind in utter contempt, and thus failed to do their -duty as soldiers. - -Nacht und Nebel, the Kugel Aktion, the Sonderbehandlung, the destruction -of our cities—all this will be forever associated with the names of -these men, and particularly with the name of Keitel who dared to -proclaim that human life was less than nothing. - -And at this moment we cannot prevent our thoughts from turning towards -the innumerable absent ones who for that reason sacrificed their lives. - -LIEUTENANT COLONEL J. M. G. GRIFFITH-JONES (Junior Counsel for the -United Kingdom): May it please the Tribunal, it is my duty to present -the evidence upon Counts One and Two of the Indictment against the -Defendant Hess. - -My Lord, the trial brief, which I believe the Tribunal have before them, -has been made out in the form of a fairly full note of the evidence to -which I intend to refer, and it may be of convenience to the Tribunal to -have it before them during the court sitting. - -May I first prove the positions which he held and which are set out in -Appendix A of the Indictment, and say a word about his early life. - -The defendant was born in 1894. He is now 52 years old. He served in the -German Army during the last war and in 1919 he went to Munich -University. There he became the leader of the Nazi organization in that -university and in 1920 he became a member of the Nazi Party itself. He -was among the first of the SA, and he became the leader of the students’ -corps of police. In 1923 he took part in the Munich Putsch, and as a -result of that he was sentenced to 18 months in prison. Half of that -period he served in jail with Hitler himself. I stress that, because it -was during those seven and one-half months in prison with Hitler that -Hitler dictated _Mein Kampf_. - -THE PRESIDENT: Have you got. . . . - -LT. COL. GRIFFITH-JONES: I think I know what the difficulty is. This -case was originally scheduled to be presented by the American Delegation -and they did have a brief of their own. It may be that that is the brief -which Mr. Biddle has before him. I will hand you up a spare copy. - -THE PRESIDENT: Go on, Sir. - -LT. COL. GRIFFITH-JONES: It was during that time that Hitler dictated -_Mein Kampf_ to this defendant. - -Now, dealing with his actual appointments: From 1925 until 1932 he was -private secretary and aide-de-camp to Hitler. In 1932 he became the -Chairman of the Central Political Committee of the Party, in succession -to Gregor Strasser. In March 1933, after the Nazi Party became a power, -he became a member of the Reichstag, and in April of that year he was -appointed Deputy to the Führer, a position which he held until he flew -to England in May of 1941. - -That evidence so far is all contained in two documents, one a book -called _Dates of the History of the Nazi Party_, by Volz, which is -already in evidence as Document Number 3132-PS and was put in evidence -as Exhibit Number USA-592, and the other the _Deutsches Führerlexikon_, -Document Number 3191-PS, Exhibit Number USA-593. - -On the first of December 1933, he became Reich Minister without -Portfolio, another position which he held throughout the remainder of -his time in Germany. That appears in the _Reichsgesetzblatt_. It is -Document Number 3178-PS and it goes in now as GB-248. On the 4th of -February 1938 he became a member of the Secret Cabinet Council. My Lord, -that is Document Number 3189-PS, and becomes GB-249. - -On the 30th of August 1939 he became a member of the Council of -Ministers for Defense of the Reich, Document Number 2018-PS, which -becomes GB-250. On the 1st of September 1939 he was appointed successor -designate to the Führer, after Göring. Göring, it will be remembered, -was successor Number 1, and during that time Hess held the positions of -Obergruppenführer in the SS and in the SA. - -That completes the formal proof of the positions charged against him in -the Indictment. I would say a word upon the authority he exercised under -and holding these positions. The Tribunal will remember that in -appointing Hess as his Deputy, the Führer decreed, in the decree by -which he made the appointment, as follows: “I hereby appoint Hess as my -Deputy and give him full power to make decisions in my name on all -questions of Party leadership.” The extent of his office as Deputy -Führer can be seen from the Party year book of 1941, to which I would -briefly refer the Tribunal, as it appears on Page 104 of the Tribunal’s -document book. It is Document Number 3163-PS and has already been put in -as USA-255. I quote from that year book: - - “By decree of the Führer of 21 April 1933 the Deputy of the - Führer received full power, to decide in the name of the Führer - on all matters concerning Party leadership. Thus, the Deputy of - the Führer is the representative of the Führer, with full power - over the entire leadership of the National Socialist German - Workers Party. The office of the Deputy of the Führer is - therefore an office of the Führer. - - “In essence, it is the duty of the Deputy of the Führer to - direct the basic policies of Party work, to give directives, and - take care that all Party work be done in agreement with National - Socialist principles. - - “All the threads of the Party work are gathered together by the - Deputy of the Führer. He gives the final Party word on all - intra-Party plans and all questions vital for the existence of - the German people. The Deputy of the Führer gives the directives - required for all the Party work, in order to maintain the unity, - determination, and striking power of the National Socialist - German Workers Party as the bearer of the National Socialist - philosophy. - - “In addition to the duties of Party leadership, the Deputy of - the Führer has far reaching powers in the field of the State. - These are: - - “1. Participation in national and state legislation, including - the preparation of Führer decrees. The Deputy of the Führer in - this way validates the conception of the Party as the guardian - of National Socialist philosophy. - - “2. Approval of the Deputy of the Führer of proposed - appointments for officials and labor service leaders. - - “3. Securing the influence of the Party over the self-government - of the regional administrations.” - -I would refer the Tribunal to Page 119 of the document book, which is a -chart which shows the organization of the Deputy of the Führer’s office. -It is Document Number 3201-PS which becomes GB-251. I would particularly -refer the Tribunal to the square in the center, showing the liaison -officer of the Wehrmacht, and showing his close association with the -Army; and in the right-hand column at the top: “Chief of the Foreign -Organization,” of which I shall tell the Tribunal in a moment; -“Commissioner for Foreign Policy,” showing his concern with the foreign -policy of the German State; “Commissioner for All Technological Matters -and Organization”; “Commissioner for All University Matters”; -“Commissioner of University Policy,” showing his concern with the -education of Germany; and further down “Office for Racial Policy,” -showing his concern with the anti-Jew policy of the Nazi Government that -followed; and at the bottom again, “Specialist on Education.” - -But a glance at that chart will show that he was really involved in -every aspect and every branch of Nazi life and the organization and -administration of the State. As Reich Minister without Portfolio, in the -Law to Secure the Unity of Party and State of 1 December 1933, it was -stated that his task was to guarantee the close working co-operation of -the Party and the SA with public authority. Put in as Document Number -1395-PS, it becomes GB-252. - -He acquired wide legislative powers, as it has already been seen from -the extract which I have read from the Nazi year book of 1941. I would -particularly draw the attention of the Tribunal to a decree of Hitler’s -dated 27 July. The extract which I wish to quote is set out in the trial -brief. It has already been read and therefore I will do nothing now -other than to draw the attention of the Tribunal to it. The document is -Document Number D-138 and has been put in as USA-403. By the law for the -protection of people in November 1933, it will be remembered that Hitler -and his cabinet obtained for themselves full powers of legislation, -independently of the Reichstag, and this defendant, being a member of -the cabinet, of course, shared in these powers. - -His approval of that procedure can be seen from a speech he made on the -16th of January 1937, and a short extract is again set out in the trial -brief that the Tribunal has before them: - - “National Socialism has seen to it that vital necessities of our - nation can today no longer be taken away by a Reichstag and made - the object of the haggling of parties. You have seen that in the - new Germany decisions of historic importance are made by the - Führer and his cabinet within a few hours, decisions which in - other countries must be preceded by parliamentary debates - lasting days and weeks.” - -That last extract is taken from Document Number 2426-PS, which becomes -Exhibit Number GB-253. - -That these powers and offices were no sinecure is clear from Hess’ own -order which he issued in October 1934. I will not read it now because it -has already been read. It is Document Number D-139 and was put in as -USA-404; and the Tribunal will remember that he is there issuing a -decree saying he has been given the right to participate in legislation -by the Führer and any office that is promoting legislation, in which he -therefore ought to take part, must let him have the draft in time to -take effective action on it if he disapproves of it. - -I think again the extract I have read from the year book sufficiently -describes the powers that he had without my referring to more than two -other documents upon this matter. On Page 5 of the trial brief it will -be seen that he acquired powers and took part in the organization and -production under the Four Year Plan. I quote from a lecture given by the -Defendant Frick on the 7th of March 1940, which is Document Number -2608-PS and has already been put in as USA-714. But the short passage -that I quote now was not actually read. In that lecture Frick said: - - “In order to guarantee the co-ordination of the various economic - agencies of the Four Year Plan, those agencies were formed into - a general council, under the chairmanship of Göring. Its members - are the state secretaries of the agencies working in the field - of war economy, the Chief of the Military Office of Economy, and - a representative of the Deputy of the Führer.” - -And lastly, a quotation from the _National Zeitung_ of the 27th of April -1941, which is Document Number M-102 and becomes GB-254. My Lord, it -appears on Page 4 of the trial brief. I quote from these passages, set -out simply to save the Tribunal’s time in referring to the document -book. It does appear on Page 12 of the document book if the Tribunal -desires to refer to the full extract: - - “A long while ago—it was still before the outbreak of the - war—Rudolf Hess was once called the ‘Conscience of the Party.’ - If we ask why the Führer’s Deputy was given this undoubtedly - honorable title, the reason for this is plain to see. There is - no aspect of our public life which is not the concern of the - Führer’s Deputy. So enormously many-sided and diverse is his - work and sphere of duty that it cannot be outlined in a few - words; and it lies in the nature of the duties laid on the - Führer’s Deputy that the public at large hears little of the - work of Rudolf Hess. Few know that many government measures - taken, especially in the sphere of war economy and the Party, - which meet with such hearty approbation when they are proclaimed - because they voice true public feeling, can be traced back to - the direct initiation of the Führer’s Deputy.” - -Perhaps I ought to remind the Tribunal that in the decree appointing a -Secret Cabinet Council, that council was appointed by Hitler to advise -him in the conduct of foreign policy. The Tribunal will find attached to -that document book a few photos. They are of little importance. They -were really to emphasize or remind the Tribunal of the film that was -shown earlier in the course of these proceedings, when, it will be -remembered, the Defendant Hess appeared in practically every scene of -that film “The Rise to Power of the Nazi Party.” These photographs are -not actually photographs from that film; they are somewhat similar and I -produce an affidavit with them to state they were taken by Hitler’s own -private photographer. That affidavit becomes Document Number GB-255. - -That, then, is the evidence of his position and of his authority; and -perhaps I might be allowed to make one short submission upon that. I -make it in respect of this Defendant Hess, although it is perhaps a -submission which can be made in respect of every one of these -defendants. - -The Prosecution has presented these cases against the individual -defendants in the form of a collection of the documents which directly -refer and which directly connect these defendants with specific -instances of participation in the various crimes that were committed by -the German people. My Lord, it will be my submission that it is -sufficient to justify and bring home the conviction of this man and his -colleagues to produce simply evidence of their positions in the Nazi -State and the control of that State and also the general evidence of the -crimes which were committed by the German people. It is only perhaps -now, at this late stage in the trial, as day by day the extent and scope -of those crimes is becoming clearer, that we realize that they cannot -have happened by themselves. Crimes on that scale must be organized, -co-ordinated, and directed. If the government of Nazi Germany, or the -government of any country, is not the organization which directed and -co-ordinated, what is? If the members of the German nation who are -committing those crimes are not people responsible for them, then, in my -submission, one is entitled to ask, Who is? - -My Lord, there can be no question that these men had knowledge. Again, -as the picture unfolds, it will be my submission that everybody in -Germany must have had knowledge of what was going on; and if everybody -had knowledge, then, my submission is, these men must certainly have had -knowledge; and I would urge upon this Tribunal the fact that the -conviction of these men does not rely upon the mere chance of how many -documents happened to have been captured bearing their signatures. It -might well have been that no documents at all had been captured. But, in -the submission of the Prosecution, these men could equally well and -equally justifiably have been proved guilty in the part they took, -beyond any kind of doubt, upon the evidence of the positions that they -held and the evidence of the scope and extent of the crimes that were -committed by the people they controlled. - -My Lord, that is my submission, and in view of that, I would perhaps -deal briefly, for the convenience of the Tribunal, with the small -matters, the many matters, which do directly connect him with, as I say, -almost every aspect of the crimes and life of Nazi Germany. - -I turn to Page 6 of the trial brief. . . . - -DR. ALFRED SEIDL (Counsel for the Defendant Rudolf Hess): The -prosecuting attorney just mentioned a sworn statement. I cannot find -this sworn statement either in the document book or in his trial brief. -I can, consequently, take no position in regard to this sworn statement, -nor, especially, can I go into the question as to whether there is any -objection to the statement as regards the terms of the Charter. I -request the prosecuting attorney to present me with this sworn -statement. - -THE PRESIDENT: We couldn’t hear the rest of the translation through. -Well, go on! - -DR. SEIDL: Mr. President, I am not sure how much of the translation you -heard. - -THE PRESIDENT: Well, there is some document that you are saying is not -in the document book? - -LT. COL. GRIFFITH-JONES: I intend to say that the photographs are in the -book. The affidavit by the photographer was by mistake omitted from the -book; the original is here. I will produce a copy for Dr. Seidl, and I -regret it was not done before. It was not a very important document. - -My Lord, it might be expected that, in the positions he held, the -Defendant Hess took a leading part in the acquisition of power by the -Nazi Party and in its consolidation of control over the State. By the -law of the 1st of August the office of Reich President. . . . - -THE PRESIDENT: 1934? - -LT. COL. GRIFFITH-JONES: I beg your pardon, 1934, yes. [_Continuing_] -. . . and of Reich Chancellor were joined together under Hitler. Hitler -held both offices. That decree was signed by others and by Hess. Hess -also signed a decree on the 20th of December 1934, a decree entitled -“Laws against Treacherous Acts against the State and Party.” By Article -1 of that decree penalties were imposed upon anybody making false -statements injuring the prestige of the government, the Party, or its -agencies; and by Article 2 penalties were imposed for statements proving -a malicious attitude against the Party or its leading personalities. The -decree was signed by Hess, and it was Hess who had to issue the -necessary regulations for carrying the decree into effect. - -He took a leading part in the gaining of control over government -appointments. I quote again in all these matters only a few examples. If -one wanted to quote every decree that the defendant signed and every act -he took in participation of these matters, it would really entail -writing a history of the Nazi Party from 1920 until 1941, and a history -of Germany from 1933 until 1941. Set out in the trial brief at Page 7, -it will be seen that there are various decrees, all signed by Hess: On -the 24th of September 1935, a decree providing for his consultation in -the appointment of Reich civil servants; 3rd April 1936, providing for -his participation in the appointment of labor service officials; and I -refer again to the 10th of July 1937, another decree under which he -participated by having to be consulted upon the appointment of other -minor civil servants. - -With respect to the control of the Nazi Party gained over the German -youth, again there are various decrees signed by this defendant and I -set out in the trial brief, particularly, a reference to the book which -has already been put in, Volz’ dates of the Nazi Party, where it appears -that he appointed a University Commission of the Party, which, was under -his supervision. The Tribunal will remember that we have already seen -from the chart of his staff that he had a department dealing with -universities and with teachers. - -And I am quoting from the same document. On the 18th of July 1934, the -Nazi League of German Students was directly subordinated to the Deputy -of the Führer. - -The defendant, as the Tribunal has heard, was an Obergruppenführer -himself in the SS and the SA. His responsibility for an association with -those organizations can be seen from three documents. Amongst the papers -found in the Krupp files was a circular sent by Hess, apparently to -various industries, asking for funds or subscriptions for the Adolf -Hitler Fund for German Industry. The document is Document Number D-151, -which I put in now as Exhibit Number GB-256, and the relevant extract -again is set out in the trial brief for convenience: - - “The ‘Adolf Hitler Fund for German Economy’ is founded upon an - agreement between the Reich management of the NSDAP and leading - representatives of German industry.” - -Then its purpose is set out: - - “To put, firstly, at the disposal of the Reich leadership the - funds required for the unified execution of the tasks which fall - to the lot of the SA, SS, St., HJ and other political - organizations. . . .” - -He signed a decree on the 9th of June 1934. - -For the convenience of the Tribunal, perhaps I ought to mention that -that last document I mentioned can be found at Page 5 of the document -book. - -On the 9th of June 1934 he signed a decree by which the Security Service -of the Reichsführer SS was established as the sole political news and -defense service of the Party. - -On the 14th of December 1938, he issued a decree by which the SD, which -Himmler had established, was taken off the establishment of the Party; -and it was, under that decree, to be organized by the SS. Those were -both Hess decrees; and they are here both the same document, Document -Number 3385-PS, which becomes GB-257; and they appear at Page 172 of the -Tribunal’s document book. - -My Lord, there has already been given much evidence of the subversion of -the churches in order to eliminate any hostile parties there may have -been to the Nazi Party. Hess again took his share in that legislation, -and there are set out in the trial brief, on Pages 8 and 9, a series of -decrees which have already been put before the Tribunal during the -presentation of the case against Bormann. - -Bormann, it will be remembered, was at this time and throughout, until -Hess flew to England, Hess’ deputy; and therefore, it will be my -submission that decrees issued by Bormann as deputy for the Deputy of -the Führer are, of course, the responsibility of this defendant as well. - -For the sake of time I believe the Tribunal has a reference to the -decrees and will bear in mind the evidence that was offered against the -Defendant Bormann. - -I come now, then, to his activity in the general persecution of the -Jews. Again it will be remembered that the chart of his organization -showed an office of his which described itself as the Office for Racial -Policy. His own views about this matter are found in a speech which he -made on the 16th of January 1937 and which is reported in a volume of -his speeches which is Document Number 3124-PS. It is already in as -Exhibit Number GB-253. The extract I desire to quote is set out in the -trial brief. The document can be found on Page 98 of the document book. - - “The organizations of the NSDAP will be used for the - enlightenment of the people on questions concerning race and - health with the aim of improving the latter and increasing the - population. . . .” - - “As at home, so in foreign countries, the Germans will be - influenced in the National Socialist sense by the Landesgruppen - or local groups of the Party. They will be educated to become - again proudly conscious of their German origin, to stand - together in mutual esteem and will be taught to place the German - higher than any foreigner, irrespective of state or descent.” - -It was Hess who signed the Law for Protection of Blood and Honor, one of -the Nuremberg decrees of the 15th of September 1935. It is Document -Number 3179-PS. It is already in evidence as Exhibit USA-200. It will be -remembered that under that decree and under the other Reich Citizenship -Law of the same date, it was the Deputy of the Führer who was to issue -the necessary decrees and regulations for the carrying out and -supplementing of those laws, the Nuremberg Decrees. - -On the 14th of November 1935, it was Hess who issued an ordinance under -the Reich Citizenship Law which deprived the Jews of the right to vote -or to hold public office. That is Document Number 1417-PS and becomes -Exhibit Number GB-258. - -By a further decree of the 20th of May 1938, those Nuremberg laws were -extended to Austria, that law of extension again being signed by this -defendant—Document Number 2124-PS, Exhibit Number GB-259. - -As I said, those are only a few examples of the decrees and activities -of this man in the acquisition of power and consolidation of power in -the Nazi Party. There is a document which I will hand up to the Tribunal -that perhaps it might add to its document books, and there is a copy in -French for the learned French Judge. There are examples in this and -other exhibits which I have not mentioned now but which are already -before the Tribunal, put in when the case of Bormann was put before the -Tribunal, for which, as I have already said, this defendant must take -responsibility. - -You will see that under various headings—there are one or two German -copies and the rest are in English—there are various documents set out -under the headings, “Association with the SD and Gestapo”; “Subversion -of the Churches”; and again, “The Persecution of the Jews.” - -I turn then to the part which he played in the actual planning and -preparation for aggressive war. We find that as early as in 1932 he was -concerned with the rearmament and reorganization of the Air Force. The -Tribunal will remember a Document Number 1143-PS, Exhibit USA-40, dated -the 20th of October 1932, which showed that a report on the preparation -of material and the training of air personnel to provide for the -armament of the Air Force was sent to Hess by Rosenberg’s chief of -staff. That document, for reference, appears on Page 43 of the -Tribunal’s document book. - -That was in 1932. Throughout the years we find him connected with the -rearmament of the German Armed Forces. On the 16th of March 1935 it was -Hess who signed the decree for the introduction of compulsory military -service. On the 11th of October 1936 in a speech that he made, he took -up Göring’s cry of “Guns before Butter,” when he said: - - “We are prepared in the future, too, if need be, at times to eat - a little less fat, a little less pork, a few eggs less, since we - know that this little sacrifice is a sacrifice on the altar of - the freedom of our people. We know that the foreign exchange - which we thereby save will benefit our armaments. The phrase - still holds good today: ‘guns instead of butter.’” - -That document is Document Number M-104. It becomes Exhibit Number -GB-260, and will be found on Page 14 of the Tribunal’s document book. - -In May of 1941 he was making a speech at the Messerschmidt Works, of -which occasion the Tribunal has already got a photograph before it. It -was one of those four photographs we were looking at a moment ago. Then -he said: - - “The German soldier must understand that for the uniqueness and - abundance of his weapons and his material, he has to thank Adolf - Hitler’s untiring efforts of many years.” - -A report of that speech appears in the _Völkischer Beobachter_ on the 2d -of May 1941. It is Document Number M-105 and becomes Exhibit Number -GB-261. It is on Page 15 of the Tribunal’s document book. - -One of the most important parts that this defendant took in the -preparation for aggressive war was his organization of the famous German -Fifth Column. He was the responsible person, as Deputy of the Führer, of -the Auslands-Organisation of the Party, that is to say, the foreign -organization of the Party. A history of that organization, a very brief -history, will be found in an American state publication, Document Number -3258-PS. It becomes Exhibit Number GB-262. It is on Page 147 of the -document book. - -I would only mention now two matters. In October 1933 that organization -was placed directly under Hess’s control, and a year later it was Hess -himself who gave it its present name of the Foreign Organization, -(Auslands-Organisation). - -For the convenience again of the Tribunal, a chart is set out in the -organization book for 1938, which is Document Number 2354-PS, Exhibit -Number USA-430, and is on Page 69 of the Tribunal’s document book, and I -think it is unnecessary to refer to it now in detail. It had the various -offices—civil services offices, cultural offices, press and propaganda -offices, labor front offices, and the foreign trade offices, the various -offices dealing with the German merchant marine—which afforded, of -course, an excellent medium for spreading Nazi propaganda to every port -through the world. - -The Tribunal has heard a good deal about a somewhat similar organization -of Rosenberg, the APA. Very briefly and in a word, I think the -distinction between the two can be said to be that the APA was concerned -with the enrollment and propaganda for non-Germans, for foreigners, -whereas the Auslands-Organisation was concerned with Germans living -abroad, who, of course, were to form the basis of Fifth Column -activities in future years. - -I think the Tribunal will see that there are set out under the heading, -“Scope of the Organization’s Work,” two documents. I think that perhaps -it is sufficient to refer to the first of them now, Document Number -3401-PS, which becomes Exhibit Number GB-263 and which the Tribunal will -find on Page 173 of that document book. - -That is an article from the _Völkischer Beobachter_, which starts off by -saying, “National Socialism is a philosophy which takes hold of our -fellow Germans and strengthens them in holding fast to the German race -and customs,” and then goes on to say that the authority for the -practical application of that policy and principle is the foreign -organization of the NSDAP, which is directly subordinated to the Deputy -of the Führer, Hess. I quote the last three lines of that paragraph. - - “The activities of the Auslands-Organisation extend literally - round the globe. With full justice there might be displayed over - its offices at the Harvestehuderweg in Hamburg the device ‘My - field is the world.’ The Auslands-Organisation under the - leadership of Gauleiter Bohle, who is aided by a large staff of - experts and qualified coworkers, today includes over 350 - Landesgruppen and bases of the NSDAP in all parts of the world. - In addition to this it looks after a large number of individual - Party members in the most varied places.” - -My Lord, in view of the time, I will not refer to any further documents -about the activity and the scope of that organization. They will be -found as set out in the following document, Document Number 3258-PS, -which is at Page 150 of the document book. I beg your pardon, that is -Exhibit Number GB-262, already in evidence. There is another extract -from the British Basic Handbook on Germany, which is in the addendum to -the document book. It is not, I think, actually put into the Tribunal’s -brief. It appears under the Document Number M-122, and becomes Exhibit -Number GB-264. - -Two of the various other organizations which were run by the Foreign -Organization were known as the League for Germans Abroad, the VDA, and -the German Eastern League, the BDO. - -I would refer the Tribunal to a document which they will find on Page 38 -of the document book. It is Document Number 837-PS, which becomes -Exhibit Number GF-265. That is a letter, which it will be seen on the -next page is signed by Hess, dated 3 February 1939. It is a circular -order, “Not for publication.” The subject is the League of Germans -Abroad and the German Eastern League. I quote from the first paragraph: - - “The director of the agency for racial Germans, SS Gruppenführer - Lorenz. . . .” - -The agency for racial Germans, which was the Volksdeutsche Mittelstelle, -was another similar organization, but one run by Himmler and the SS. All -these gentlemen appear to have had their own foreign organizations. No -doubt they were all engaged for the same purpose. Himmler’s was called -the Volksdeutsche Mittelstelle. I quote again: - - “The director for that agency has instigated on my behalf the - following new ruling for questions affecting racial work and - work in the border country. The League for Germans Abroad, the - VDA, is the association responsible for national work beyond the - frontiers.” - -I go down to the last two lines of that paragraph: - - “The VDA is organized into state associations which correspond - in area to the Gaue of the NSDAP.” - -And the first two lines of the next paragraph: - - “The German Eastern League, the BDO, is the association - responsible for work in the border country.” - -I turn to the next page, Paragraph 4 of that letter: - - “The VDA is solely responsible for racial work beyond the - frontiers. I hereby forbid the Party, its organizations, and - affiliated associations from all racial work abroad. The only - competent body for this task is the agency for racial Germans - and the VDA as its camouflaged tool. Within the Reich, the VDA, - generally speaking, is responsible only for providing the means - for racial work beyond the frontiers. In this task VDA must be - supported in every way by the Party offices. Any outward - appearance of connection with the Party is, however, to be - avoided.” - -Then it goes on to set up the activity of the BDO and in the last -paragraph: - - “The activity of the VDA and the BDO is to be supported in every - way by the Party offices. The National Socialist leaders of both - associations will assure energetic co-operation, on their part, - in all tasks assigned to them by the NSDAP. Their nature is - determined by considerations of foreign policy and the - associations must bear this in mind when representing - -Now I come to the activity, therefore, of the Foreign Organization, -which as I say, was the basis of the Fifth Column movement when war -eventually broke out. I pass, then, to consideration of Hess’ part in -the preliminary occupations of Austria and Czechoslovakia, which led up -to the aggressive wars themselves. - -Hess is seen to be participating in the preparations to occupy Austria -from the very beginning. In the autumn of 1934 it was he that appointed -Reinthaller as leader of the Austrian peasants in the Nazi Party in -Austria, after the failure of the July 1934 rising. That has already -been given in evidence as Document Number 812-PS, (Exhibit Number -USA-61) and the relevant passage was read into the transcript at Page -504 (Volume II, Page 372). - -Another document that has already been put in evidence, Document Number -3254-PS (Exhibit Number USA-704), is Seyss-Inquart’s statement of the -10th of December 1945, when he mentions that he held meetings with -Göring and Hess in 1936. - -On the morning that the German troops eventually marched into Austria, -the 12th of March 1938, Hess and Himmler, together, were the first of -the leaders of the German Government to appear in Vienna; and they were -there by midday on that day. - -It was Hess who signed the law of the 13th of March, the next day, for -the reunion of Austria with the German Reich; and the Tribunal will no -doubt remember the occasion, which was described fully by Mr. Alderman, -of the shocking celebrations which were held in anniversary of the -murder of Dollfuss, the celebrations being held the 24th of July 1938, -when the high-light of the occasion was a speech by Hess. - -I would refer the Tribunal to a document which appears on Page 165 of -the document book, which throws some light on his own words, both on his -activity as far as Austria was concerned and also with Czechoslovakia. -This was a speech he made on 28 August 1938 at the annual meeting of the -Foreign Organization. It is Document Number 3258-PS. It is already in as -Exhibit Number GB-262. I quote from the third to last paragraph on Page -165 of the document book: - - “At the close of his talk Rudolf Hess recalls the days, last - year, in Stuttgart, when German men and women, German boys and - girls in their native costumes appeared here in Stuttgart aglow - with enthusiasm for the ideal of greater Germany, passionately - moved by National Socialism, but nevertheless outwardly - ‘Volksdeutsche’ Germans of foreign citizenship. - - “‘Today,’ Rudolf Hess continued, ‘they also stand openly in our - ranks. Proudly and happily they will march in the formation of - the National Socialist movement past their Führer in Nuremberg, - this time with German citizens. With all our hearts we rejoice - as we see them. They have fought a long and tough battle, a - battle against a treacherous and mendacious enemy.’”—and so on. - -And then on the next page, Number 166, where he turns to discuss the -struggle of the Sudeten German: - - “The German people look at the German racial comrades in - Czechoslovakia with the profoundest sympathy for their - suffering. No one in the world who loves his own people and is - proud of his own people will find fault with us if from this - place here we also turn our thoughts to the Sudeten German. If - we say to them that, filled with admiration, we see how they are - maintaining an iron discipline, despite the worst chicanery, - despite terror and murder. If it had, in general, required a - proof. . . .” - -I don’t think, perhaps, it is necessary for me to read any more of that -document; but it shows, as I say, his interest in Czechoslovakia; and by -Document Number 3061-PS, which has already been put in as Exhibit Number -USA-126, it has been shown that during the summer of 1938—that speech -was made in August 1938—during the whole of that summer continuous -conversations were being held between Henlein and Hitler, Hess, and -Ribbentrop, informing the Reich Government of the general situation in -Czechoslovakia. That document has been read into the Record; but, if -anything condemns Hess as participating in this action, it is a letter -dated the 27th of September 1938, which was a letter, it will be -remembered, that the Tribunal has had before it. It was written by -Keitel to Hess, asking for the Party’s participation in the secret -mobilization, which was intended to take place without even issuing the -code word for mobilization. It was on the 27th of September 1938 that -that letter was written. It is Document Number 388-PS and has been put -in as Exhibit Number USA-26, and it appears on Page 30 of the Tribunal’s -document book. - -I would refer the Tribunal to one short document on Page 120 of the -document book, on which begins another speech by the defendant, a speech -he made on the 7th of November 1938 on the occasion of the initiation of -the Sudeten German Party into the NSDAP. - - “If we have had to defend our rights, then they would have - really got to know us, we, the National Socialist Germans. The - Führer”—Rudolf Hess declared amidst the ringing cheers of the - masses—“learned his lessons. He armed at a speed that no one - would have believed possible. When the Führer has gained the - power and, especially since the Führer has awakened the - resolution of the German people to put their strength behind - their rights, then Germany’s right will be conceded!” - -One might wonder what all those rights were at that time, November 1938, -when already Hitler had said on the 26th of September that he had no -more territorial demands, at any rate, to make in Europe. - -I turn then to some fragment of evidence of the part he played in the -waging of aggressive war against Poland. On Page 16 of the document book -there is a report of a speech that he made on the 27th of August 1939, -which shows at least that he was taking part in the official propaganda -that was being thrown at the world in those days, two days before the -war was declared. I quote from the second paragraph: - - “Rudolf Hess, constantly interrupted with strong applause from - the German citizens living abroad as well as fellow countrymen - from the District of Styria, stressed the unexampled forbearance - shown by Germany towards Poland in the magnanimous offer of the - Führer that had assured peace between Germany and Poland—an - offer that Mr. Chamberlain seems to have forgotten, for he says - he has heard nothing of Germany’s having tried to solve certain - acute present-day questions by peaceful discussion. What else - was the German offer then, if it was not such an attempt?” - -Then he goes on to accuse Poland of agitating for war, Poland’s lack of -responsibility and so on. In view of the time, I shall quote no more of -that. The Document Number M-107 is in evidence and it becomes Exhibit -Number GB-266. - -After the conquest of Poland, it was Hess that signed the decree -incorporating Danzig into the Reich, the decree of the 1st of September -1939, a decree incorporating Polish territories into the Reich on the -8th of October 1939 and on the 12th of October 1939, a decree of Polish -territory, in which it was stated that regulations were to be made for -the planning of German Lebensraum and economic scope. Those are all -decrees in the _Reichsgesetzblatt_. I regret that the last two that I -mentioned are not actually included in the Tribunal’s document book, but -the effect of them is set out in the trial brief. That, in view of the -evidence that has been given as to his Fifth Column organization, is all -that I propose to offer in respect to Poland. It must be clear that my -submission will be that he was deeply involved both in the planning and -in the preparation for aggressive war. - -I turn to an example of his participation in War Crimes and Crimes -against Humanity and would refer only to two documents; one appears as -set out on Page 18 of the trial brief, Document Number 3245-PS, which -becomes Exhibit Number GB-267. It was an order issued by Hess through -the Party Chancellery demanding support from the Party for recruiting -members for the Waffen-SS; and one paragraph, which is set out in the -trial brief, I quote: - - “The units of the Waffen-SS, consisting of National Socialists, - are more suitable than other armed units for the specific tasks - to be solved in the Occupied Eastern Territories due to their - intensive National Socialist training in regard to questions of - race and nationality.” - -But, in view of what was happening and what was going to happen in the -Occupied Eastern Territories because of the Waffen-SS, we haven’t, I -know, forgotten the part they played in the destruction of the Warsaw -Ghetto. I suggest that the inference that can be drawn from that letter -is damning. - -There is one further document. That document will be found on Page 121 -of the Tribunal’s document book. The other document that I would refer -to in this respect is Document Number R-96, which becomes Exhibit Number -GB-268, and again that will be found on Page 175 of the document book. -It is a letter written by the Reich Minister of Justice to the Chief of -the Reich Chancellery on the 17th of April 1941, and it is discussing -proposed penal laws for Jews and Poles in the Occupied Eastern -Territories. It shows quite clearly that Hess has been involved in -discussions on this subject because it refers to certain proposals that -he, himself, has made. My Lord, I would venture to draw the attention of -the Tribunal to one or two passages. I quote from the beginning of that -letter on Page 175: - - “It has been my opinion from the outset that special conditions - prevailing in the annexed eastern territories require special - measures of penal law and penal procedure against Poles and - Jews.” - -And then I go on to the second paragraph, the first two lines: - - “The aim to create a special law for Poles and Jews in the - eastern territories was pursued further according to plan by the - ordinance dated 6 June 1940. By this ordinance German penal law, - which had been used in the eastern territories already from the - outset was formally made applicable.” - -There I skip three lines. - - “The procedure for enforcing a prosecution has been abrogated - for it seems intolerable that Poles or Jews should be able to - force the German public prosecutor to launch an accusation. - Poles and Jews have also been deprived of the right to prosecute - in their own names or join the public prosecutor in an action. - In addition to this special law in the sphere of procedure, some - special conditions have been included in Article 2 of the - introductory ordinance. These provisions were established in - agreement with the Reich Minister of the Interior by reason of - requirements which had arisen. From the beginning it was - intended to augment the special conditions in case of need. This - need, which had become apparent in the meantime, should be met - by an executive and supplementary order to be added to the - original ordinance and which was referred to in the letter from - the Deputy of the Führer. . . .” - -I turn to the next page, top of the page: - - “After I was informed of the express wish of the Führer that, as - a matter of principle, Poles and presumably the Jews, too, are - to be treated differently from the Germans within this sphere of - penal law, after preliminary discussions,”—_et cetera_,—“I - draw up the enclosed draft concerning criminal law and procedure - against Poles and Jews. . . .” - -I skip to the next paragraph: - - “The draft represents altogether special law, both in the sphere - of penal law and penal procedure. The suggestions of the Deputy - of the Führer have been taken into consideration to a far - reaching extent. Number 1, Paragraph 3, contains a general crime - formula on the basis of which any Pole or Jew in the eastern - territory can in future be prosecuted and any kind of punishment - can be inflicted on him for any attitude or action which is - considered punishable and is directed against Germans.” - -Then I go on to the next paragraph: - - “In accordance with the opinion of the Deputy of the Führer, I - started from the point of view that the Pole is less susceptible - to the infliction of ordinary imprisonment.” - -And a few lines further down: - - “Under these new kinds of punishment prisoners are to be lodged - outside prisons in camps and are to be forced to do heavy and - heaviest labor.” - -I go to the next page, second paragraph: - - “The introduction of corporal punishment, and that is either as - penal punishment or as disciplinary measure, which the Deputy of - the Führer has brought up for discussion, has not been included - in the draft. I cannot agree to this type of punishment because - its infliction does not, in my opinion, correspond to the - cultural level of the German people.” - -My Lord, as I said, the purpose of that document is to show that the -Deputy of the Führer was well aware of what was going on in the Eastern -Occupied Territories and indeed was advocating even stronger measures -than the Reich Minister of Justice was prepared to accept. - -I turn then to give such evidence as I can upon the flight of the -Defendant Hess to England on the 10th of May 1941. - -On that evening he landed in Scotland, within 12 miles of the home of -the Duke of Hamilton; and on landing he at once asked to be taken to the -Duke of Hamilton, whom he wanted to see. He gave a false name and was -shut up; and on the following day, the 11th of May, he had an interview -with the Duke of Hamilton, a report of which is set out in the addendum -to the document book, if the Tribunal would now turn to the small -addendum to the document book. - -THE PRESIDENT: Has this been put in evidence yet or not? - -LT. COL. GRIFFITH-JONES: My Lord, I am putting it in evidence. - -THE PRESIDENT: Is it properly authenticated? - -LT. COL. GRIFFITH-JONES: It is authenticated, and the original is -certified as being a government report from the files of the Foreign -Office in London. There are four reports altogether, which come from the -Foreign Office file and which have been certified as reports from the -Foreign Office. - -The first one that I would refer to is Document Number M-116, which -becomes Exhibit Number GB-269 and which is a report on the interview -that he had with the Duke of Hamilton on the 11th of May 1941. I can -summarize most of the contents of that report by saying that he -introduced himself as Hess. He said that he had met the Duke of Hamilton -at the Olympic Games in 1936, and that his old friend, Haushofer, under -whom he studied at Munich University after the last war, had suggested -that he, Hess, should make contact with the Duke of Hamilton. - -And he said that, in order to do so, he had already tried to fly three -times before, the first time being in December of 1940, the previous -year. The reasons he then gave for his visit will be found on the second -page of that document. I quote from the end of the fourth line. - -I beg your pardon. Perhaps I ought to say really before that, he said -that he had said, earlier in the interview, that Germany was willing to -have peace with England; she was certain to win the war; and he himself -was anxious to stop the unnecessary slaughter that would otherwise -inevitably take place. - - “He asked me if I could get together leading members of my party - to talk over things with a view to making peace proposals. I - replied that there was now only one party in this country. He - then said he could tell me what Hitler’s peace terms would be. - First, he would insist on an arrangement whereby our two - countries would never go to war again. I questioned him as to - how that arrangement could be brought about; and he replied that - one of the conditions, of course, is that Britain would give up - her traditional policy of always opposing the strongest power in - Europe.” - -I think I need really read no more of that document, because he enlarges -upon those proposals in the subsequent interviews that he had on the -13th, 14th, and 15th of May with Mr. Kirkpatrick of the Foreign Office. - -I turn to Document Number M-117, which becomes Exhibit Number GB-270, -which is another official report of the interview with Mr. Kirkpatrick -on the 13th of May. Again I can summarize practically all of it. - -He started off by explaining the chain of circumstances which led up to -his present situation, which really involved a history of Europe from -the end of the last war up to that time. He dealt with Austria, -Czechoslovakia, Poland, Norway, saying in each case that Germany was -justified and it was all England’s and France’s fault that they had had -to get in it. He blamed England entirely for starting the war. He did -say—and I quote one line which is of interest, dealing with Munich—he -said: “The intervention of Mr. Chamberlain. . . .” - -THE PRESIDENT: [_Interposing._] Where are you reading? - -LT. COL. GRIFFITH-JONES: I am reading from the fifth paragraph, my Lord. -It starts off: - - “The Czechoslovakian crisis was caused by the French - determination, expressed by the French Air Ministry, to make - Czechoslovakia an air base against Germany. It was Hitler’s duty - to scotch this plot. The intervention of Mr. Chamberlain and the - Munich conference had been a source of great relief to Hitler.” - -If one remembers somewhere having heard in the course of this case, -Hitler saying that he had of course no intention of abiding by that -agreement at all, that that would never do. . . . - -I go on with that document. He then says that Germany must win the war. -He says that the bombing of England had only just started and only just -started with the greatest reluctance. As he puts it at the top of Page -2, the German production of U-boats was enormous. They had enormous raw -material resources in occupied territory, and the confidence in Hitler -and in final victory in Germany was complete; and that there was no kind -of hope for any revolution among the German people. - -He gave his reasons for his flight, his personal reasons again, that he -was horrified at the prospect of a long war. England could not win, and -therefore she had better make peace now. He said the Führer entertained -no designs against England. He had no idea of world domination, and he -would greatly regret the collapse of the British Empire. - -I quote from the last three lines of the large paragraph in the center -of the page: - - “At this point Hess tried to make my flesh creep by emphasizing - that the avaricious Americans had fell designs upon the Empire. - Canada would certainly be incorporated into the United States. - - “Reverting to Hitler’s attitude, he said that only as recently - as May 3rd, after his Reichstag speech, Hitler had declared to - him that he had no oppressive demands to make of England. - - “The solution which Herr Hess proposed was that England should - give Germany a free hand in Europe, and Germany would give - England a completely free hand in the Empire, with the sole - reservation that we should return Germany’s ex-colonies, which - she required as a source of raw materials. I asked, in order to - draw him on the subject of Hitler’s attitude to Russia, whether - he included Russia in Europe or in Asia. He replied, ‘In Asia’. - I then retorted that under the terms of his proposal, since - Germany would only have a free hand in Europe, she would not be - at liberty to attack Russia. Herr Hess reacted quickly by - remarking that Germany had certain demands to make of Russia - which would have to be satisfied either by negotiation or as the - result of a war. He added, however, that there was no foundation - for the rumors now being spread that Hitler was contemplating an - early attack on Russia. - - “I then asked about Italian aims and he said that he did not - know. I replied that it was a matter of some importance. He - brushed this aside and said that he was sure that Italy’s claims - would not be excessive. I suggested that Italy scarcely deserved - anything, but he begged to differ. Italy had rendered - considerable services to Germany; and, besides, England had - compensated defeated nations like Romania after the last war. - - “Finally, as we were leaving the room, Herr Hess delivered a - parting shot. He had forgotten, he declared, to emphasize that - the proposal could only be considered on the understanding that - it was negotiated by Germany with an English Government other - than the present British Government. Mr. Churchill, who had - planned the war since 1936, and his colleagues, who had lent - themselves to his war policy, were not persons with whom the - Führer could negotiate.” - -My Lord, presumably when he came over he was not attempting to be funny. -One can only conclude from these reports that at that time the people in -Germany and the German Government really had no kind of idea of what the -conditions in England were like at all; but throughout it appears that -this man thought England was ruled by Churchill and a small -war-mongering gang. It only needed him to come over and make a peace -proposal for Churchill to be turned out in the course of two or three -days. - -I go on, then, to the next document, My Lord. I am afraid that it is now -half past five. I have only the other reports and one further document -to refer the Tribunal to. - -THE PRESIDENT: I think you had better go on. We will finish tonight. - -LT. COL. GRIFFITH-JONES: I am sorry it has taken so long. I go on to the -next interview of the 14th of May, which is Document Number M-118 and -becomes Exhibit Number GB-271. - -He started off that interview by making certain complaints about the -treatment, asking for a number of things, including _Three Men in a -Boat_, the book which perhaps is one of the few signs that any of these -defendants have shown any kind of culture or normal feelings at all. - -He described his flight to England, and then I quote from the third -paragraph: - - “He then passed to political questions. He said that, on - reflection, he had omitted to explain that there were two - further conditions attached to his peace proposals. First, - Germany could not leave Iraq in the lurch. The Iraqis had fought - for Germany and Germany would, therefore, have to require us to - evacuate Iraq. I observed that this was going considerably - beyond the original proposal that German interests should be - confined to Europe, but he retorted that, taken as a whole, his - proposals were more than fair. The second condition was that the - peace agreement should contain a provision for the reciprocal - indemnification of British and German nationals, whose property - had been expropriated as the result of war. - - “Herr Hess concluded by saying that he wished to impress on us - that Germany must win the war by blockade. We had no conception - of the number of submarines now building in Germany. Hitler - always did things on a grand scale and devastating submarine - war, supported by new types of aircraft, would very shortly - succeed in establishing a completely effective blockade of - England. It was fruitless for anyone here to imagine that - England could capitulate and that the war could be waged from - the Empire. It was Hitler’s intention, in such an eventuality, - to continue the blockade of England, even though the island had - capitulated, so that we would have to face the deliberate - starvation of the population of these islands.” - -I think I can leave then that interview. Nothing more was added and I -turn to the next document, Document Number M-119, which becomes Exhibit -Number GB-272 and which is the report of the interview of the 15th of -May, the third and last interview with Mr. Kirkpatrick. I quote from the -third paragraph and then there was some mention of Iraq at the beginning -of the interview and then Mr. Kirkpatrick writes: - - “I then threw a fly over him about Ireland. He said that in all - his talks with Hitler, the subject of Ireland had never been - mentioned except incidentally. Ireland had done nothing for - Germany in this war and it was therefore to be supposed that - Hitler would not concern himself in Anglo-Irish relations. We - had some little conversation about the difficulty of reconciling - the wishes of the South and North and from this we pass to - American interest in Ireland, and so to America. - - “On the subject of America, Hess took the following line. - - “1. The Germans reckoned with American intervention and were not - afraid of it. They knew all about American aircraft production - and the quality of the aircraft. Germany could outbuild England - and America combined. - - “2. Germany had no designs on America. The so-called German - peril was a ludicrous figment of imagination. Hitler’s interests - were European. - - “3. If we made peace now, America would be furious. America - really wanted to inhabit the British Empire. - - “Hess concluded by saying that Hitler really wanted a permanent - understanding with us on a basis which preserved the Empire - intact. His own flight was intended to give us a chance of - opening conversations without loss of prestige. If we reject - this chance, it would be clear proof that we desired no - understanding with Germany and Hitler would be entitled—in fact - it would be his duty—to destroy us utterly and to keep us after - the war in a state of permanent subjection.” - -My Lord, those reports show the substance and indeed the whole substance -of the visit. His humanitarian reasons for coming, which sounded so well -on the 10th or between the 10th and 15th of May, took on quite a -different light when barely a little more than a month later Germany -attacked the Soviet Union. - -One cannot help remembering an exact parallel between this business and -that which took place before Germany attacked Poland, when every effort -was made to keep England out of the war and so let her fight her battle -on one front only. Here the same thing appears to be happening; and what -is more, we have it from himself in the course of those interviews that, -at that time, Germany had no intentions of attacking Russia immediately -at all. But that must be untrue, because it will be remembered and the -evidence is set out in the trial brief, that so far back as November -1940 plans were being made, initial plans, for the invasion of Russia. - -On the 18th of December 1940 a directive ordered preparations to be -completed by the 15th of May 1941. On the 3rd of April 1941 orders were -given delaying the “Case Barbarossa” for 5 weeks; and on the 30th of -April 1941, 10 days before he arrived in England, D-Day was actually -fixed for the invasion of Russia for the 22d of June. - -Well now, in my submission, nobody who held the position that this -defendant did at that time—in charge of the foreign organization, -Deputy to the Führer, having been made designate successor Number 2 only -a year ago—never in that position could he have been kept in ignorance -of those preparations and of those plans. - -My Lord, my submission, therefore, is that the only reason he came to -England was not humanitarian at all, but purely, as I say, to allow -Germany to fight her battle against Russia on one front only. - -There is—and I hesitate to refer the Tribunal to any other -document—but there is one document, which is a document of extreme -interest from many points of view and has only just come to light. I did -ask that it should be put in at the back of the Tribunal’s document -book; but if it has not been, I have some spare copies which perhaps the -clerk may now hand out. - -It is Document Number 1866-PS, which becomes Exhibit Number GB-273, and -it is an account of conversations between Ribbentrop and Mussolini and -Ciano on the 13th of May 1941, signed by Schmidt. - -It carries the question very little further, but of course the question -has existed, and still does exist—the question, of course, as to -whether or not the flight to England was undertaken with the knowledge -and approval of Hitler, or any other members of the Government, or on -his own initiative and in complete secrecy. He himself has always -maintained that he did it secretly. On the other hand, it is difficult -to see how he could have been planning it and practicing it for months -before and having tried three times before, without anybody knowing. - -This account of the conversations with the Italians casts little further -light on it; but it does show anyway what Ribbentrop is saying to the -Italians, their allies, three days later. I would ask the Tribunal to -look at and read the first page of this document, and the paragraph of -the next page: - - “To begin with, the Reich Foreign Minister conveyed the Führer’s - greetings to the Duce. - - “He would shortly propose to the Duce a date for the planned - meeting, which he would like to take place as soon as possible. - As the place for the meeting he would probably prefer the - Brenner. At the present moment he was, as the Duce could well - understand, still busy with the Hess affair and with a few - military matters. - - “The Duce replied that he would agree with all the Führer’s - proposals. . . .”—and so on. - - “The Reich Foreign Minister then said that the Führer had sent - him to the Duce in order to inform him about the Hess affair and - the conversations with Admiral Darlan. With regard to Hess’s - affair he remarked that the Führer and his staff had been - completely taken aback by Hess’s action and that it had been the - deed of a lunatic. - - “Hess had been suffering for a long time from bilious attacks - and had fallen into the hands of magnetists and nature-cure - doctors who caused his state of health to become worse. - - “All these matters were being investigated at the moment, as - well as the responsibility of the aides-de-camp who had known - about Hess’s forbidden flights. Hess had for weeks carried out - secret practice flights in an ME-110. Naturally he had acted - only from idealistic motives. Disloyalty towards the Führer was - utterly out of the question. His conduct had to be explained by - a kind of abstractness and a state of mind caused by his - illness.” - -And it goes on, and the gist of it really is that Ribbentrop is -emphasizing again that it was done without the authority of Hitler or -without the knowledge of anybody else in Germany. I say he does not -carry. . . . - -THE PRESIDENT: Can’t you read the beginning of the next paragraph? - - LT. COL. GRIFFITH-JONES: “Being sympathetically inclined towards - England, he had conceived the crazy idea of using Great - Britain’s fascist circles to persuade the British to give in. He - had explained all this in a long and confused letter to the - Führer. When this letter reached the Führer, Hess was already in - England. It was hoped in Germany that he would perhaps meet with - an accident on the way, but he was now really in England and had - tried to contact the former Marquis of Clydesdale, the present - Duke of Hamilton. Hess quite wrongly considered him as a great - friend of Germany and had flown to the neighborhood of his - castle in Scotland.” - -THE PRESIDENT: Thank you very much. - -LT. COL. GRIFFITH-JONES: That is what Ribbentrop is saying to Mussolini. -Ribbentrop, we know, is a liar, and indeed what he said later on in an -interview proves it, and I would refer to Page 5—or rather to the -bottom of Page 4—if the Tribunal would bear with me while I read that, -because it would have been put in previously during this trial had this -document been known of. And as I am putting it in now, perhaps I might -be allowed to read this one paragraph which really concerns the -Defendant Ribbentrop. - - “The Duce returned to his remark concerning the united front of - Europe against England and the two countries, Spain and Russia, - that were absent from it, with the remark that to him it seemed - that it would be advantageous if a policy of collaboration with - Russia could be carried out. He asked the Reich Foreign Minister - whether Germany excluded such a possibility, that is, - collaboration with Russia. The Reich Foreign Minister replied - that Germany had treaties with Russia and that the relations - between the two countries were, by the way, correct. He - personally did not believe that Stalin would undertake anything - against Germany, but should he do so, or should he follow a - policy that was intolerable to Germany, then he would be - destroyed within three months. The Duce agreed to this. The - Führer would certainly not look for any quarrel, but he had - nevertheless taken precautions”—this is again, I think, - Ribbentrop speaking—“The Führer would certainly not look for - any quarrel, but he had nevertheless taken precautions for all - eventualities. He had in no way come to any decision, but as a - result of certain occurrences and want of clearness on the - Russian side, he had become suspicious. Thus for example, the - Russians had strengthened their forces along their western - frontier, which of course, caused Germany to reinforce her - troops too, but only after the Russians started it.” - -It really must have been a remarkable position in the German Government -if undoubtedly the Führer and the foreign secretary knew on the 13th of -May 1941 that Germany was going to attack Russia a month later. - -My Lord, that is the evidence which I have to present to the Tribunal on -this matter. I regret that this should have taken so long. I am grateful -to Your Honors for your patience. - - [_The Tribunal adjourned until 8 February 1946 at 1000 hours._] - - - - - FIFTY-FOURTH DAY - Friday, 8 February 1946 - - - _Morning Session_ - - [Note.—Because citations were not required by the Tribunal for - documents quoted in the opening address of the Russian - Prosecution it has been impossible to verify the wording against - the text of the original documents. In the presentation of 8 - February many of the quotations from documents originally in the - German and English languages have been translated into Russian - and then translated again into English for the record of the - Trial. For this publication these retranslations have been used - in some instances.] - -THE PRESIDENT: I call on General Rudenko for the Soviet Union. - -GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.S.R.): May it please -Your Honors, on delivering my opening statement, the last to be made at -this Trial by the chief prosecutors, I am fully conscious of the supreme -historical importance of these proceedings. - -For the first time in the history of mankind is justice confronted with -crimes committed on so vast a scale, with crimes which have entailed -such grave consequences. It is for the first time that criminals who -have seized an entire state and made this state an instrument of their -monstrous crimes appear before a court of justice. - -It is also for the first time that, by judging these defendants, we sit -in judgment not only on the defendants themselves, but also on the -criminal institutions and organizations which they created and on the -inhuman theories and ideas which they promulgated with a view to -committing crimes against peace and humanity, crimes which were designed -by them far in advance of their perpetration. - -Nine months ago, after having tortured for a number of years of bloody -warfare the freedom-loving nations of Europe, Hitlerite Germany -collapsed under the hammer blows of the combined armed forces of the -Anglo-Soviet-American coalition. On 8 May 1945 Hitlerite Germany was -compelled to lay down her arms, having suffered a military and political -defeat hitherto unequalled in history. - -Hitlerism imposed upon the world a war which caused the freedom-loving -nations innumerable privations and endless sufferings. Millions of -people fell victims of the war initiated by the Hitlerite brigands who -embarked on a dream of conquering the free peoples of the democratic -countries and of establishing the rule of Hitlerite tyranny in Europe -and in the entire world. - -The day has come when the peoples of the world demand a just retribution -and a severe punishment of the Hitlerite hangmen, when they demand -severe punishment of the criminals. - -All the outrages individually or jointly committed by the major -Hitlerite war criminals, all together and each one individually, will be -considered by you, Your Honors, with all the thoroughness and attention -which the law, the Charter of the International Military Tribunal, -justice, and our conscience require. - -We charge the defendants with the initiation, instigation, and direct -execution, individually and through their agents, of the criminal plan -of conspiracy. To the execution of this plan was committed the entire -machinery of the Hitlerite State with all its governmental agencies and -institutions, with its army, police, the so-called public agencies, as -set out in the Indictment and particularly in Appendix B. - -Before entering upon the examination of the concrete events and facts -which lie at the foundation of the charges raised against the -defendants, I think it necessary to dwell on certain general legal -questions connected with the proceedings. This is indispensable, because -the present Trial is the first one in history where justice is being -done by an agency of an international legal system—the International -Military Tribunal. This also becomes necessary, since special -consideration was given to questions of law in both the written and oral -motions made before the Tribunal. - -The first and the most general legal problem which, in my opinion, has -to be considered by the Tribunal is the problem of legality. Contrary to -the system of fascist tyranny and arbitrary fascist practices, the great -democracies which have established this Tribunal, as well as all -democracies throughout the world, exist and act on a firm legal basis. -But neither the concrete law nor the concept of law can be identical in -the national and in the international meaning of these terms. _Lex_ in -its meaning in national law is an act of legislative power of a state, -clothed in a proper form. In its meaning in international law it is -different. In the international field there never existed, nor now -exist, any legislative bodies which are competent to pass laws which are -binding on individual states. The legal system of international -relations, which include those relations which are manifested in the -co-ordinated effort to combat criminality, is based on different legal -principles. In the international field the basic source of law and the -only legislative act is a treaty, an agreement between states. -Accordingly, just as duly promulgated laws passed by legislative bodies -and properly published are an absolute and sufficient legal basis for -the administration of national justice, so in the international field an -international treaty is an absolute and sufficient legal basis for the -implementation and the activity of agencies of international justice -created by the signatories. - -The International Military Tribunal was established for the trial and -punishment of major war criminals on the basis of the London Agreement, -dated 8 August 1945, signed by the four countries acting in the -interests of all freedom-loving nations. Being an integral part of this -agreement, the Charter of the International Military Tribunal is to be -considered an unquestionable and sufficient legislative act, defining -and determining the basis and the procedure for the trial and punishment -of major war criminals. Provoked by fear of responsibility or, at best, -by insufficient knowledge of the organic nature of international -justice, the references to the principle _nullum crimen sine lege_, or -to the principle that “a statute cannot have retroactive power,” are not -applicable because of the following fundamental, decisive fact: The -Charter of the Tribunal is in force and in operation and all its -provisions possess absolute and binding force. - -Pursuant to Article 6 of the Charter, the defendants are charged with -Crimes against Peace, crimes committed in violation of rules and customs -of war, and Crimes against Humanity. We must state with great -satisfaction that in placing on such actions the stigma of criminality -the Charter of the Tribunal has reduced to rules of law those -international principles and ideas which for many years have been set -forth in the defense of law and justice in the field of international -relations. - -First of all—criminal aggression. For a number of decades nations -interested in strengthening the cause of peace have proclaimed and -advocated the idea that aggression constitutes the gravest encroachment -on the peaceful relations between nations, a most serious international -crime. These hopes and demands on the part of nations found their -expression in a series of acts and documents which officially recognized -aggression as an international crime. - -On 27 August 1928 the Kellogg-Briand Pact was signed in Paris: - - “Persuaded”—proclaimed the agreement—“that the time has come - when a frank renunciation of war as an instrument of national - policy should be made . . . convinced that all changes in their - relations with one another should be sought only by pacific - means . . . the High Contracting Parties solemnly declare in the - names 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 - relations with one another.” - -In 1929—a year after the signing of the Paris Pact—at the Congress of -the International Association of Criminal Law at Bucharest a resolution -was passed which squarely raised the question of criminal responsibility -for aggression. “Whereas war has been outlawed by the Paris Pact of -1928, and acknowledging the necessity of securing international order -and harmony by means of effective sanctions. . .” the Congress -considered imperative “the establishment of an international penal -judicial system” as well as of the principle of criminal responsibility -of states and single individuals for acts of aggression. - -Thus long ago was proclaimed the principle of penal responsibility for -criminal aggression, the principle which found its clear legal -expression in Subparagraph (a) of Article 6 of the Charter of the -International Military Tribunal. - -Consequently, the fascist aggressors, the defendants, knew that by their -predatory attacks on other countries they committed the gravest Crimes -against Peace. They knew it, and they know it now, and that is the -reason why they attempted and are now attempting to camouflage their -criminal aggression with lies about defense. - -Furthermore, it has been repeatedly and authoritatively declared that -violations of laws and customs of war established by international -conventions must entail criminal responsibility. - -In this connection it is necessary to note that the gravest outrages in -violation of laws and customs of war committed by the -Hitlerites—murder, violence, arson, and plunder—are considered -punishable criminal acts by all criminal codes throughout the world. -Moreover, the international conventions signed especially for the -purpose of establishing laws and rules of war stipulate criminal -responsibility for violation of these laws and rules. Thus Article 56 of -the Hague Convention in 1907 declares: - - “The property of municipalities, that of institutions dedicated - to religion, charity and education, the arts, and sciences, even - when state property, shall be treated as private property. All - seizure of, destruction, or willful damage done to institutions - of this character, historic monuments, works of art and science, - is forbidden, and shall be made the subject of legal - proceedings.” - -Thus, the Hague Convention not only forbids the violation of rules of -war, but also stipulates that these violations “should be made the -subject of legal proceedings”, that is, must entail criminal -responsibility. - -Article 29 of the 1929 Geneva Convention states with still greater -precision that: - - “The Governments of the High Contracting Parties whose penal - laws may not be adequate shall likewise take or recommend to - their legislatures the necessary measures to repress in time of - war all acts in contravention of the provisions of the present - convention.” - -Finally, the principle of criminal responsibility for all acts in -violation of the laws and customs of war is expressed with the utmost -precision in Article 3 of the provisions of the Washington Conference -for the Reduction of Armaments and for the Pacific and Far Eastern -Problems, which states that: - - “The Contracting Powers, wishing to ensure the execution of - promulgated laws . . . declare that any person in the service of - any power who violates one of these rules, and independently of - the fact whether he is subordinated to an official personality - or not, will be considered a transgressor of the laws of war and - will be liable to be tried by civilian or military authorities.” - -Consequently, according to the directives of the Hague and Geneva -Conventions and according to the provisions of the Washington -Conference, the enforcing of criminal responsibility for the violation -of the laws and customs of war is not only possible, but is actually -compulsory. - -Thus, Subparagraph (b) of Article 6 of the Charter of the International -Military Tribunal, concerning War Crimes, defined with greater precision -and generalized the principles and rules contained in the international -conventions previously signed. - -The defendants knew that cynical mockery of the laws and customs of war -constituted the gravest of crimes. They knew it, but they hoped that -total war, by securing victory, would also secure their impunity. But -victory did not arrive on the heels of the crimes. Instead came the -complete and unconditional surrender of Germany, and with it came an -hour of grim reckoning for all the outrages they had committed. - -I myself, speaking on behalf of the Soviet Union, and my honored -colleagues, the chief prosecutors of the United States of America, -England, and France, we all accuse the defendants of having ruled over -the entire German State and war machine through a criminal conspiracy -and of turning the machinery of the German State into a mechanism for -the preparation and prosecution of criminal aggression, into a mechanism -for the extermination of millions of innocent people. - -When several criminals conspire to commit a murder, every one of them -plays a definite part. One works out the plan of murder, another waits -in the car, and the third actually fires at the victim. But whatever may -be the part played by any individual participant, they all are murderers -and any court of law in any country will reject any attempts to assert -that the first two should not be considered murderers, since they -themselves had not fired the bullet. - -The more complicated and hazardous the conceived crime, the more -complicated and less tangible the links connecting the individual -participants. When a gang of bandits commits an assault, responsibility -for the raid is also shared by those members of the gang who did not -actually take part in the assault. But when the size of the gang attains -extraordinary proportions, when the gang happens to be at the helm of -the ship of state, when the gang commits numerous and very grave -international crimes, then of course, the ties and mutual relations -among the members of the gang become entangled to the utmost. A highly -ramified mechanism is here at work. It consisted of a whole system of -links and blocks, (Zellenleiter, Blockleiter, Gauleiter, Reichsleiter, -_et cetera_) extending from ministerial chairs to the hands of the -executioners. - -This is a consolidated and powerful mechanism, yet it is powerless to -conceal the basic and decisive fact that at the core of the entire -system operated a gang of conspirators who were setting in motion the -whole organization which they had created. - -When entire regions of flourishing countryside were turned into desert -areas, and the soil was drenched with the blood of those executed, it -was the work of their hands, of their organization, their instigation, -their leadership. And just because the masses of the German people were -made to participate in these outrages, because, prior to setting packs -of dogs and executioners on millions of innocent people, the defendants -for years had poisoned the conscience and the mind of an entire -generation of Germans by developing in them the conceit of “the chosen,” -the morals of cannibals, and the greed of burglars, can it be said on -account of these facts that the guilt of the Hitlerite conspirators is -any less great or any less grave? - -Expressing the will of nations, the Charter of the International -Military Tribunal has settled this question: - - “Leaders, organizers, instigators, and accomplices participating - in the formulation or execution of a Common Plan or - Conspiracy”—against peace, against the laws and customs of - warfare, or against humanity—“to commit any of the foregoing - crimes are responsible for all acts performed by any person in - execution of such plan.” (Article 6) - -For the purpose of successful execution of their criminal plans these -conspirators—Göring, Hess, Rosenberg, Fritzsche, Schirach, and the -other defendants—developed a fiendish theory of the superior or master -race. By means of this so-called theory they had in mind to justify the -claims of German fascism for the domination of other nations which were -declared by their theory to be nations of inferior race. - -It followed from this theory that Germans, since they belonged to the -“master race,” have the “right” to build their own welfare on the bones -of other races and nations. This theory proclaimed that German fascist -usurpers are not bound by any laws or commonly accepted rules of human -morality. The “master race” is permitted to do anything. No matter how -revolting and shameless, cruel, and monstrous were the actions of those -individuals, they were based on the idea of the superiority of this -race. - -Said Hitler: - - “We want to make a selection for a class of new masters who will - be devoid of moral pity, a class which will realize that because - of its better race it has the right to dominate others, a class - that will be able to establish and maintain without hesitation - its domination over the masses.” (Otwalt, Ernst, _Deutschland - erwache!_, 1932, Page 353.) - -This German fascist racial theory had at the same time to serve as a -“scientific” basis for the preparation by the Hitlerites of an attack -against democratic nations, as a justification for aggressive wars for -which the Hitlerites made feverish preparation during the whole time of -their domination of Germany. In such manner, the function of racism was -to justify the conspiracy—to fulfill the predatory aims of the German -imperialistic clique. - -By order of the German fascist authorities, the racial doctrine was -introduced into the educational plans as a most important and obligatory -subject. In the hands of German fascism, the schools and universities -became dangerous centers for the intellectual and moral mutilation of -the people and, as such, the greatest menace to civilization. All -branches of science were militarized. All aspects of art were subjected -to the aims of aggression. - - “We approach science unbiased by knowledge and scholarly - education.”—declared the fascist review _Politische - Wissenschaft_, Number 3 for 1934—“The student must come to - college with the demand that science be as soldierly as his own - bearing and that the professor possess the qualities of a leader - and the bearing of a soldier.” - - “We want arms again!”—said Hitler—“Then indeed from the - child’s primer to the last newspaper, every theater and every - movie house, every advertising pillar and every billboard—all - must be pressed into the service of this one great - mission. . . .” (Hitler, Adolf, _Mein Kampf_, Munich, 1933, Page - 715.) - -Geography became the instrument for propagating the “preeminent -importance of the Germans in the world,” of their “right to dominate” -other peoples. A feeling of racial superiority, arrogance, hatred, -contempt, and cruelty toward other peoples was cultivated in the young. - -These are the words of a German fascist song: - - “If all the world lies in ruins, - - What the devil do we care? - - We still will go marching on - - For today Germany belongs to us - - And tomorrow the whole world.” - -The German fascist ideology set loose the wildest and lowest instincts. -The fascists made a principle of arbitrary actions, violence, and -debasement of the people. They declared as dangerous for the “master -races” the ideas of freedom, the ideas of enlightenment, and the demands -of humanity. Said Hitler: - - “I am freeing men from the wearisome restrictions of the mind, - from the dirty and degrading self-mortifications of a chimera - called conscience and morality, and from the demands of a - freedom and personal independence which a very few enjoy.” - (Rauschning, Hermann, _The Voice of Destruction_, New York, - 1940, Page 225.) - -In the spirit of such principles the entire German fascist system of -education was built up with a view to adapting and preparing them to a -blind obedience in the execution of all predatory plans and aims put -before Germany by the Hitlerite rulers. As a result of fascist -propaganda and the whole system of measures cultivated by the German -State, the German mind was systematically poisoned by the fumes of -chauvinism and hatred of mankind. The aggressive plans of German fascism -ripened more and more with every year since the Hitlerites’ seizure of -power until at last they led to war. This war was planned, worked out -and started by the Hitlerites’ Germany as Blitzkrieg and should, -according to the schemes of the conspirators, have resulted in a rapid -and easy victory for the gang of Hitlerite cut-throats and in their -domination over all the countries in Europe. - -The criminal conspiracy aimed at the establishment of a predatory New -Order in Europe. This New Order was a regime of terror by which, in the -countries seized by the Hitlerites, all democratic institutions were -abolished and all civil rights of the population were abrogated, while -the countries themselves were plundered and rapaciously exploited. The -population of these countries, and of the Slav countries above all -others—especially Russians, Ukrainians, Bielorussians, Poles, Czechs, -Serbians, Slovenes, Jews—were subjected to merciless persecution and -mass extermination. - -The conspirators failed to achieve their objective. The valiant struggle -of the peoples of the democratic countries, led by a coalition of the -three great powers—the Soviet Union, the United States of America, and -Great Britain—resulted in the liberation of the European countries from -the Hitlerite yoke. The victory of the Soviet and Allied armies wrecked -the criminal plans of the fascist conspirators and liberated the peoples -of Europe from the terrible threat of Hitlerite domination. - -We, the Prosecutors, are obliged by law and duty before the peoples of -the democratic countries and all mankind to formulate and present to the -International Military Tribunal evidence proving the guilt of the -defendants in committing the most grievous crimes. - -Permit me to perform my duty, jointly with my colleagues, by presenting -to the International Military Tribunal the evidence which, together with -the materials already presented by the Prosecution on behalf of the -United States of America, Great Britain, and France, will give a -complete and exhaustive body of proof in this case. - -The Defendants Göring, Hess, Ribbentrop, Keitel, Raeder, Rosenberg, -Kaltenbrunner, Frank, Frick, Dönitz, Fritzsche, and others are charged -with the organization of a conspiracy to establish by force the -domination of German imperialism and the setting up of the fascist -regime in all European countries and, later, throughout the world. - -The core of this plan was the organization of aggressive wars and the -rearrangement of the map of the whole world by use of force. In -execution of this plan for aggression the criminal Hitlerite Government -and the German General Staff prepared and executed the seizure of -Austria, Czechoslovakia, Norway, Belgium, Holland, France, Poland, -Greece, and Yugoslavia. They also prepared and undertook a predatory -military campaign against the Soviet Union. - -My colleagues of the American, British, and French Prosecution have -already submitted to the Tribunal weighty and irrefutable evidence which -establishes the fact of German aggression against their own countries, -as well as against Belgium, Holland, Greece, and a number of the other -states which had become victims of the predatory Hitlerite imperialism. - -May it please Your Honors, I will now produce proofs of the monstrous -crimes of the defendants in the preparation and initiation of aggressive -wars against freedom loving peoples. - -The document submitted in this case and known as “Fall Grün” contains a -plan for an attack on the Czechoslovakian Republic. This directive, -signed by Hitler, was distributed together with a covering note bearing -the signatures of Keitel. The directive begins with “Political -Prerequisites,” which read precisely as follows: - - “My unalterable decision is that Czechoslovakia should be - smashed in the immediate future by means of a single military - operation. To abide the time and to create a suitable political - and military situation—this is the task of political - leadership. The inevitable development of conditions within - Czechoslovakia or other political events in Europe, which might - never again bring about such an unexpectedly favorable - situation, may force me to action even before the designated - date. The proper choice and the resolute exploitation of the - opportune moment are the surest guaranties of success. - Accordingly, all preparations should be made immediately.” - -Turning to the exposition of the political possibilities and -prerequisites regarding the initiation of the attack, Hitler cynically -disclosed these prerequisites: a) A suitable military pretext and in -this connection; b) a satisfactory political justification; c) a -surprise action which should take the enemy, as far as possible, -unawares. - -It was Hitler’s idea that the most propitious moment, both from the -military and political point of view, would be a lightning, secretly -prepared, German attack under the pretext of some incident which could -morally justify the use of military force, at least in the eyes of a -certain portion of the public opinion of the world. - -The directive envisaged the actual preparation for an attack on -Czechoslovakia to be executed by certain branches of the Armed Forces. -Thus the Directive Grün, which bears as early a date as May 1938, -clearly and definitely testifies to the fact of a carefully planned -preparation for the seizure of Czechoslovakia. The Soviet Prosecution -will submit documents taken from the files of the German Ministry of -Foreign Affairs which reveal the criminal methods used by the Hitlerites -in preparing for the seizure of Czechoslovakia. - -You, Your Honors, as well as the entire world, well know how -methodically and ruthlessly this criminal scheme was executed by the -predatory imperialism of the Hitlerites. - -Having set up in occupied Czechoslovakia an insufferable regime of -terrorism, the Hitlerites drove into German slavery many thousands of -Czechoslovak citizens, showing no mercy even to children, who were sent -to industrial plants, farms, and mines. The youth of Czechoslovakia was -deprived of all opportunities for education. When, in 1942, a Czech -delegation appealed to Frank for permission to reopen the higher -Czechoslovak educational institutions, he cynically replied, “Should the -war be won by England, you will reopen your schools yourselves; should -Germany win, then five-grade elementary schools will be enough for you.” - -Everyone remembers the sanguinary reprisals of the Hitlerite hangmen -committed against the Czechoslovak population. One of the numerous cases -of such monstrous reprisals against the peaceful population was made -public in the German newspaper _Der Neue Tag_ of 11 June 1942. - - “During the search for the murderer of SS Obergruppenführer - Heydrich, it was incontestably proved that the inhabitants of - the village of Lidice, near Kladno, were aiding and abetting the - perpetrators of the crime. This has been proven in spite of the - fact that the population denies any such assistance. The - attitude of the population in regard to such crimes is also - evidenced by other hostile acts against the Reich. There were - discovered, for instance, subversive literature, stores of arms - and ammunition, as well as the existence of a radio transmitter - and a large quantity of rationed goods held in unlawful - possession. The entire adult male population was executed by - firing squads. Women were deported to concentration camps, and - children were sent to proper places for their further - upbringing. All buildings in this village were levelled to the - ground and the name of the village was done away with.” - -The Prosecution has at its disposal official data collected by the -Czechoslovakian Government on the shocking crimes which were perpetrated -by the Hitlerite invaders on the territory of Czechoslovakia. In the -report of the Czechoslovakian Government, which to a large extent is -devoted to the description of the regime established by the Hitlerites -in Czechoslovakia during the occupation, are cited numerous cases of -terrorism: shooting of hostages, mass deportations to concentration -camps, murder of women and children. - -That is how Fall Grün worked. - -On 1 September 1939 the fascist aggressors invaded Polish territory in -treacherous violation of existing treaties. The Polish people were -subjected to mass extermination, and their cities and villages were -mercilessly destroyed. Official documents exposing this aggression have -already been presented to the Tribunal by my colleagues. Among such -documents we must mention in the first place a top-secret report on a -conference, presided over by Hitler, which took place on 23 May 1939, -and at which, besides Hitler and other persons, the Defendants Göring, -Raeder, and Keitel were present. - -At this conference Hitler made a lengthy statement concerning “the -present situation and the political aims.” Hitler said: - - “The Pole is in no way an additional enemy. Poland will always - be on the side of our opponents. It is not a question of Danzig - only; it is the question of Lebensraum in the East, the - safeguarding of our food supplies, and the solution of the - Baltic problem. - - “Thus”—said Hitler—“sparing Poland is out of the question, and - the decision remains to invade her at the first opportunity. We - cannot expect the repetition of what we achieved in the case of - Czechoslovakia. This time it means war.” - -Hitler then said: - - “The important fact in the conflict with Poland, which will - begin with an attack on Poland, is that it can be successful for - us only if the West does not participate. If this should be - impossible, it would be better to attack the Western Powers and - at the same time destroy Poland.” - -The second part of Hitler’s statement was specially devoted to a number -of questions of military strategy connected with his decision to attack -Poland. This is how the gangster assault of Hitler’s Germany on Poland -was prepared in advance. It was put into execution in September 1939. We -shall present documentary evidence of the monstrous crimes committed by -the Hitlerites in Poland. - -Yugoslavia was another Slav state which was the subject of a sudden -attack on the part of Hitlerite Germany. It is well known that on -numerous occasions Hitler’s Government had given false assurance to the -effect that Germany had no aggressive intentions towards Yugoslavia. -Thus, on 28 April 1939 Hitler, in his speech to the Reichstag, stated -that Germany was ready to give assurances to a number of states, and in -particular to Yugoslavia, that Germany wished to maintain with them -relations of mutual understanding, as she was bound to them by alliances -and by “close ties of friendship.” - -Even prior to this, on 28 April 1938, the Berlin News Agency (DNB) had -announced: - - “Confidential representatives have informed the Yugoslav - Government on Germany’s behalf that Germany’s intentions do not - extend beyond Austria and that the Yugoslav frontier will remain - inviolate.” - -In spite of these repeated and categorical declarations, Hitler’s armies -invaded Yugoslavia on 6 April 1941 and occupied this country. This -attack was unexpected only by the victims, for the Nazi clique had -carefully planned this assault in advance as it had done in the -above-mentioned cases. - -A top-secret directive issued from the Führer’s headquarters on 27 March -1941 and intended only for higher commanding officers of the German Army -said: - - “My intention is to invade Yugoslavia by powerful thrusts from - the area of Fiume-Graz and from Sofia in the general direction - of Belgrade and further to the south, with the objective of - inflicting on the Yugoslav army a decisive defeat as well as to - cut off the southern part of Yugoslavia from the rest of the - country and to turn it into a base for further operations of the - German-Italian forces against Greece. By proposing the return of - Macedonia and Banat, attempts will be made to bring about the - participation of Bulgaria and Hungary in the operations. - - “The internal political crisis in Yugoslavia will be aggravated - by political guarantees promised to the Croats.” - -Further on, the directive lays down a detailed strategic plan for the -invasion of Yugoslavia and provides for actual participation in this -aggression of the German Armed Forces, including the 10th Air Corps, -which had to be transferred from Italy in order to take part in these -operations. - -Consequently, on the basis of the evidence supplied by original -documents of the Hitlerite Government and High Command of the German -Armed Forces, we can establish that all attacks by Hitlerite Germany on -Slav states were based on a plan prepared in advance, a plan which was -only a part of a common criminal conspiracy of the predatory German -imperialism against freedom-loving nations. - -Yugoslavia as well as Poland became a victim of the German fascist -aggressors who covered this flourishing state with ruins, and its -fields, gardens, and ploughed land with corpses of many thousands of -Yugoslav patriots who fell in the heroic struggle against the foreign -invaders and enslavers, in the struggle for the freedom and independence -of their native land. - -THE PRESIDENT: Would that be a convenient time to break off for 10 -minutes? - - [_A recess was taken._] - -GEN. RUDENKO: May it please the Tribunal, I will now describe the crimes -committed by the Hitlerite aggressors against my own country, against -the Union of Soviet Socialist Republics. On 22 June 1941 the U.S.S.R. -was perfidiously attacked by Hitlerite Germany. However, it is not this -date that should be considered as the actual beginning of the execution -of Hitlerite Germany’s plan of aggression against the Soviet Union. What -took place on 22 June 1941 was conceived, prepared, and planned long -before that. - -The Hitlerite conspirators pursued these preparations continuously. All -Germany’s aggressive actions against a number of European states, during -the period between 1938 and 1941, were actually only preliminary -measures for the main blow in the East. For fascist Germany had -conceived the criminal design of seizing the territory of the Soviet -Union in order to plunder and to exploit the peoples of the U.S.S.R. - -We need not seek confirmation thereof in Hitler’s _Mein Kampf_ or in the -writings of the Hitlerite ringleaders, which, as is known, contained, -together with a direct menace to the U.S.S.R., indications that the -aggression of German imperialism must be directed toward the East in -order to conquer the so-called “living space.” This tendency of -predatory German imperialism is expressed in the well-known formula -“Drang nach Osten.” - -I revert for evidence to the official documents of the Hitlerite -Government, which fully disclose the defendants’ guilt in committing the -criminal actions with which they are charged under the present -Indictment. - -I beg to be allowed to refer, in the first case, to the document -entitled, “Report Concerning the Conference of 23 May 1939.” As can be -seen from this document, this conference took place in Hitler’s study at -the new Reich Chancellery, and the minutes were taken down by Lieutenant -Colonel Schmundt of the German General Staff. There were present at this -conference: Hitler, Göring, Raeder, Brauchitsch, Keitel, General Milch, -General of the Artillery Halder, and other representatives of the German -High Command. The report states that the subject of the conference was, -“Instructions concerning the present situation and the objects of our -policy.” Speaking at this conference, Hitler frequently broached the -subject of the seizure of territory in the East. He declared: - - “If fate forces us into a conflict with the West, it would be - desirable that we possess more extensive space in the East.” - -And further: - - “Our problem is to extend our living space in the East, secure - our food supplies, and solve the problems of the Baltic Sea and - States. As regards food supplies, we can only rely upon the - thinly populated areas. The thoroughness of German agriculture, - together with the fertility of the soil, will show itself - favorably in the manifold increase of food production.” - -In another document known as the “Minutes of the Führer’s Conference -with the Commander-in-Chief on 23 November 1939,” Hitler stressed the -necessity of solving the problem of the struggle for oil, rubber, and -useful minerals; and at that conference, Hitler formulated the main -tasks as follows: - - “. . . adapt the living space to the density of the - population. . . . - - “This is an eternal problem: to establish the necessary balance - between the number of Germans and their territory, and to secure - the necessary living space. Sharp ingenuity can be of no avail - here. The problem can be solved only by the sword.” - -At this conference Hitler with complete frankness disclosed his plans -concerning the drive to the East. Boasting of his successful seizures of -Moravia, Bohemia, and Poland he no longer kept secret his intentions of -pursuing his aggression eastwards. - - “I did not resurrect the armed forces”—said Hitler—“for the - purpose of keeping them inactive. The determination to act has - always been alive in me. I always meant to solve this - problem—sooner or later.” - -In that the Nazi Government felt itself in no way restrained by the -existence of a non-aggression pact signed between Germany and U.S.S.R. -on 23 August 1939. However, Hitler’s cynical declaration that treaties -need only be respected as long as they serve a purpose is now -universally known. - -My American colleague has already quoted in his address the speech made -by the Defendant Jodl at the conference held by the Reich Gauleiter in -Munich in January 1943. In his speech the Defendant Jodl said, “Hitler -informed me, while we were still fighting in the West, of his plans to -fight the U.S.S.R.” In his turn, the Defendant Raeder at his preliminary -examination testified that the idea of a military campaign against the -U.S.S.R. had been born in Hitler’s mind long ago, and it grew ever -stronger with the decrease of the probability of an invasion of England -in June 1940. - -According to the Defendant Keitel’s statement, Hitler had decided to -attack the U.S.S.R. at the end of 1940. Already in the spring of 1940 a -plan of assault had been worked out. Conferences on this subject had -been held during the summer. In July 1940 at a military conference in -Reichenhall, the plan of attack on the U.S.S.R. was examined. - -This is also confirmed by the statement of the Defendant Jodl, who at -his preliminary examination testified that the plans of attack on the -U.S.S.R. were actually worked out in the months of November-December -1940 and that during that period the first directives were given to the -Army, to the Navy, and to the Air Force. Speaking of these directives, -Jodl refers to a document known as the Case Barbarossa. This document is -signed by Hitler, Jodl, and Keitel. This directive, intended only for -the High Command of the German Army, contains an elaborate and detailed -plan for a sudden attack on the U.S.S.R. I quote: - - “The German Armed Forces must be prepared to crush Soviet Russia - in a quick campaign even before the end of the war against - England. - - “For this purpose the Army will have to employ all available - units with the reservation that the occupied territories will - have to be safeguarded against any surprises.” - -The directive, Case Barbarossa, emphasizes that “great importance -attaches to the fact that the intention of an attack will not be -recognized.” - -The directive further states that in case of emergency the order for -attack against Soviet Russia will be given 8 weeks in advance of the -intended beginning of operations, and that “preparations requiring more -time to start are, if this has not already been done, to begin presently -and are to be completed by 15 May 1941.” - -And, finally, the same directive contains a detailed strategic plan of -an attack on the U.S.S.R., which plan already contemplated the actual -form of participation on the part of Romania and Finland in this -aggression. In particular, the directive says bluntly: - - “Probable Allies and their tasks. - - “1. At the flanks of our operations the active participation, in - the war against Soviet Russia, of Romania and Finland may be - counted upon.” - -The directive also states that: - - “we may count on the possibility that Swedish railroads and - highways may become available for the deployment of the German - Group North not later than the beginning of actual operations.” - -Thus, it is incontestable that the Hitlerite Government at this time had -already secured the assent of the Romanian and Finnish Governments for -the participation of these countries, together with Germany, in the -aggression against the U.S.S.R. - -This situation is apparent not only from the text of the directive, Case -Barbarossa, but also from the other facts at our disposal. For example, -in a statement by the German General of the Infantry Buschenhagen which -we shall present to the Tribunal, the following appears: - - “At the end of December 1940 (approximately on the 20th), I, as - the Chief of Staff of the German Forces in Norway, with the rank - of colonel, was invited to take part in a conference of the - chiefs of staff of the Armies at the OKH (High Command of the - Army) at Zossen (near Berlin), which lasted several days. At - this meeting the Chief of the General Staff, General Halder, - expounded the Barbarossa plan of attack on the Soviet Union. - Present at Zossen at the time of the meeting was the Chief of - the General Staff of the Finnish Army, General Heinrichs, who - was conferring with General Halder. . . .” - -Buschenhagen further tells us how in February 1941 he left for Helsinki, -where, together with a representative of the Finnish Army, he worked out -a definite plan for the attack on the U.S.S.R. On 2 or 3 March 1941, -upon his return to Oslo, he compiled and submitted to the OKW a report -on his mission. - - “On the basis of these documents”—states Buschenhagen—“the - operational plan ‘Blue Fox’ was drawn up, envisaging an attack - on the Murmansk railroad from the area of Kuusamo, Rovaniemi, - and Petsamo. The plan of operations in the area of - Kirkenes-Petsamo was called ‘Reindeer’; that in the area of - Rovaniemi, ‘Silver Fox.’” - -Further, as narrated by Buschenhagen, towards the end of April or the -beginning of May 1941 he flew again to Helsinki where: - - “. . . at the Finnish General Staff negotiations took place with - Generals Heinrichs and Airo and Colonel Tapola, in the course of - which we ascertained that the Finnish General Staff was fully - prepared to participate in the coming war against the Soviet - Union.” - -In his personal written testimony given to the investigating authorities -of the Soviet Union, which will be presented to the Tribunal, Marshal -Ion Antonescu gives an account of his meetings with Hitler in November -1940, January 1941, and May 1941, at which were discussed the questions -with regard to the preparation of war against the Soviet Union. - -During the first conference between Antonescu and Hitler, in which -Ribbentrop and Hitler’s personal interpreter, Schmidt, took part, -problems directly concerning the preparation of the German aggression -against the U.S.S.R. and the Romanian participation therein were -discussed. - -In reply to the question put by the Soviet investigating authorities to -Antonescu, whether his first conference with Hitler should be considered -as his initial step towards an understanding with the Germans for the -preparation of aggressive war against the Soviet Union, he stated, “I -reply in the affirmative. Hitler undoubtedly had this in mind when -working out the plans for attacking the Soviet Union.” - -At the second meeting between Antonescu and Hitler, which took place in -January 1941, the Defendants Ribbentrop, Keitel, and Jodl were present. -Hitler requested Antonescu to permit the German armies concentrated on -Hungarian territory to pass through Romania in order to enable them to -assist the Italians in the war against Greece. - -Antonescu testifies: - - “I expressed my apprehension that the movement of German troops - through Romania might serve as a pretext for military action by - the Soviet Union against Romania, thus placing Romania in a very - difficult position, as the Romanian army was not mobilized. To - this Hitler replied that he will give an order for part of the - German troops intended for operations against Greece to remain - in Romania. - - “Hitler also emphasized that, according to the information at - his disposal, the Soviet Union had no intention to fight either - against Germany or Romania. - - “Satisfied with this statement of Hitler’s, I have agreed to - allow the German troops to pass through Romanian territory. - - “General Jodl, who was present at this conference, described to - me the strategic situation of the German Army, emphasizing the - necessity of an attack on Greece through Bulgaria.” - -Speaking of the third meeting with Hitler in May 1941, in the city of -Munich, at which the Defendant Ribbentrop was present, Antonescu -declared: - - “At this meeting . . . we had definitely agreed upon our joint - assault on the Soviet Union. - - “Hitler stated that he had decided to attack the Soviet Union. - ‘Having prepared this attack,’ said Hitler, ‘we must launch it - unexpectedly along the entire frontier of the Soviet Union from - the Black Sea to the Baltic. The suddenness of this military - attack,’ continued Hitler, ‘will enable Germany and Romania to - overcome in a very short time one of our most dangerous - opponents.’ - - “In connection with his war plans, Hitler asked me to place at - his disposal Romanian territory for the concentration of German - troops, and in conjunction with this to take a direct part in - carrying out the attack on the Soviet Union.” - -By entering the conspiracy on the side of Germany and preparing to -attack the Soviet Union, Romania in her turn pursued aggressive aims. - -Antonescu in the same statements spoke of Hitler’s promises as follows: - - “Hitler emphasized that Romania should not remain out of this - war, as in order to get back Bessarabia and northern Bukovina - she had no other way but to fight on the side of Germany. He - added to this that in return for our help in the war Romania - could occupy and administer other Soviet territories up to the - Dnieper.” - -Antonescu further testified: - - “As Hitler’s proposal to start jointly the war against U.S.S.R. - was in line with my aggressive intentions, I declared my - readiness to participate in the assault on the Soviet Union and - undertook to prepare the required number of Romanian troops and - at the time to increase the deliveries of oil and farm produce - for the needs of Germany. - - “After my return to Bucharest from Munich I began energetic - preparations for the coming war.” - -These facts are likewise confirmed by the documents from the archives of -Antonescu, which will also be submitted to the Tribunal. - -I draw the attention of the Tribunal to the records of a conversation -which took place between Antonescu and Dörnberg, head of the protocol -department of the German Foreign Office, on the 10th of February 1942, a -conversation after meeting at the frontier: - - “. . . I declared”—remarks Antonescu—“that Romania entered - into an alliance with the Axis not for the purpose of altering - the treaty of Versailles but in order to fight the Slavs. . . .” - -It will be seen from this record that hatred towards the Slav peoples -united Hitler and Antonescu in their preparation and realization of a -war of aggression. - -Documents which are to be presented to the Tribunal will show quite -clearly the complicity of Hungary in the conspiracy to violate peace and -in the preparation of an aggressive war against the Soviet Union. -Hungary was assigned the definite role of attacking the rear of the Red -Army through the Carpathian Mountains at the very moment when the German -and the Romanian Armies were to open military operations against the -Soviet Union. Thus the criminal block of aggressors against the -peace-loving nations was set up with fascist Germany in the van. - -Reverting to the so-called Case Barbarossa, I wish to dwell on the more -important points of this document. Case Barbarossa consists of three -parts. The first sets forth its general aims; the second indicates -allies of Germany in the war against the Soviet Union. The third part is -devoted to the execution of military operations on land, in the air, and -on sea. This document has the highly pertinent feature of having been -issued, in view of its top-secret contents, in nine copies only, to -comply fully with the demand for absolute secrecy on Germany’s -preparations for the attack on the Soviet Union. - -The first part of the plan reads as follows: - - “Troops of the Russian Army massed in the western part of Russia - must be destroyed, and the retreat into the vast expanses of - Russian territory of combat units must be prevented. Then, by - rapid pursuit, a line must be reached from which the Russian air - force will not be able to carry out attacks against German - territory.” - -The document further states that the ultimate objective of this plan was -to consolidate the line Archangel-Volga, paralyze the last remaining -industrial area in the Urals by air operations, put the Baltic fleet out -of commission, and prevent the possibility of active interference on the -part of the Russian air force. In the third part of the document we find -the directive to seize Leningrad and Kronstadt and to continue offensive -operations with the objective of taking the most important center of -communications and war-production, Moscow. “The seizure of this -city”—according to the plan—“will mean a decisive success both -politically and economically.” - -Such was the plan to invade the U.S.S.R.—conceived, worked out, and -prepared long in advance by Hitlerite Germany. - -While undertaking strategic and diplomatic measures to prepare for its -treacherous attack against the U.S.S.R., the Hitlerite Government -conceived and planned beforehand to commit war crimes on the territory -of the U.S.S.R. The so-called Case Barbarossa was a strategic plan. But -this plan was supplemented by a number of instructions and orders -designed to embrace all the measures relative to the problems connected -with the invasion of the Soviet Union. Among these measures we must -mention in the very first place the directive issued on 13 March 1941 by -the headquarters of the German High Command. - -This directive deals with a series of organizational problems of a -civilian nature and in particular with the problems relative to the -organization of administrative authorities. It is of importance to note -that this instruction placed German troops stationed in East Prussia and -the so-called Government General (that is to say, Poland) under the laws -and regulations destined for the zone of operations at least 4 weeks -prior to the opening of the campaign. By this directive the High Command -of the German Armed Forces was authorized to assume executive power and -to delegate it to the commanding generals of the army groups and armies. - -One also cannot overlook in this directive Subparagraph B, which -characterizes the tasks and objectives pursued by the conspirators. In -this subparagraph it states: - - “In the theater of army operations, the Reichsführer SS, by - order of the Führer, is given some special tasks for the - preparation of political administration, arising from the - decisive struggle between two opposing political systems. Within - the limits of these tasks the Reichsführer of the SS acts - independently, upon his own responsibility.” - -Mankind is now well aware of the meaning of these “special tasks,” the -execution of which was exclusively entrusted to the SS generals and -officers, who made full use of this right to act “independently” and -“upon their own responsibility.” It meant unheard of terror, plundering, -violence, and killing of prisoners of war and peaceful citizens. -Further, this directive, in a very specific way, gave the High Command -also such tasks as the plundering and predatory exploitation of the -areas occupied by the German troops. The directive is signed by the -Defendant Keitel. - -In another instruction, issued in June 1941 as a supplement to the Plan -Barbarossa, orders are issued which, in the guise of propaganda -directives, prescribe the ruthless treatment of all those who oppose the -German aggressors. As to actual propaganda, the directives frankly -mention the usual Hitlerite methods of dirty calumny, lies, and -provocation, which were to be used by the so-called “propaganda -companies.” - -Finally one cannot overlook another instruction, known under the name of -“Orders Concerning Military Jurisdiction in the Barbarossa Area and -Special Measures To Be Taken by the Troops.” These orders, while -sanctioning arbitrary action on the part of the German authorities and -troops in regard to the civilian population in the territories seized by -the German armed forces, begin with an invitation addressed to the -German troops to “protect” themselves ruthlessly against hostile actions -of the civilian population. In the order prescribing the adoption of -Draconian measures against peaceful populations and partisans, we find -indications as to the brutal punishment to be imposed upon persons -defined in those orders as “suspected elements.” - -With the permission of the Tribunal, I will read only two subparagraphs -of these orders—Subparagraphs 4 and 5: - - “4. In those places where it is too late to adopt these measures - or where it had not been possible to do so immediately, - suspected elements must be handed over to an officer without - delay; he will decide whether or not they should be shot. - - “5. It is absolutely prohibited to hold these suspects for trial - by courts which at a later date will be instituted for the local - population.” - -Thus, according to these so-called orders, the fate and life of every -apprehended person depended exclusively on an officer, and it was -prohibited, as the order cynically stressed, “to hold the suspects for -trial.” In other words, it was a definite order to exterminate the -“suspects.” Moreover, in the case of attacks against the German Armed -Forces, the order prescribed “mass measures of repression,” that is to -say, the wholesale extermination of absolutely innocent people. - -What heights of cynicism were reached by the German High Command in the -application of sanguinary terror can be seen from the fact that this -order freed the German soldiers, officers, and officials of any -responsibility for the commission of crimes against the peaceful Soviet -population. According to these orders, the German troop commanders were -entitled to confirm only those sentences which, as the said document -states, were in accordance with the “political objectives of the -leaders.” Consequently, long before 22 June 1941 the Hitlerite -Government and the German High Command, whose representatives are now in -the dock, planned and prepared in detail those war crimes which were -subsequently committed in the territory of the U.S.S.R. These plans -inexorably disclose that the defendants premeditated the monstrous -crimes which were organized by them. - -On 22 June 1941 the Hitlerite conspirators, having perfidiously violated -the pact of non-aggression between the U.S.S.R. and Germany without any -declaration of war, started an attack against Soviet territory, -initiating thereby an aggressive war against the U.S.S.R. without the -slightest provocation on the part of the Soviet Union. Enormous masses -of German troops, secretly concentrated on the borders beforehand, were -thrown against the U.S.S.R. As planned, Finnish troops took part in the -attack on the U.S.S.R. in the north, and Hungarian and Romanian troops -in the south. In order to create panic and confusion, the German Air -Force immediately began the bombing of peaceful towns, thereby -subjecting them to destruction. - -Less than a month after the perpetration of this perfidious act Hitler -called a conference, which was attended by Rosenberg, Göring, Bormann, -Lammers, and Keitel. At this conference Hitler instructed those present -not to disclose to the outside world the true aims of the war begun by -the Hitlerites. Referring to their activities in regard to Norway, -Denmark, Holland, and Belgium, Hitler stressed the necessity of -continuing this line of action, that is, to conceal by all possible -means the real intentions of the conspirators: - - “Therefore”—said Hitler—“we shall emphasize again that we were - compelled to occupy a region to establish order and security - there . . . our method of regulation is the natural outcome of - this. Thus it must not be revealed that this may bring about a - final solution. However, despite and notwithstanding this, we - shall take all necessary measures such as mass shootings, - deportation, _et cetera_.” - -Any kind of violence against the peaceful population, deportation into -German slavery, shooting, and looting were called “regulation” in the -words of Hitler and his accomplices. - -At this conference the conspirators defined the ulterior aims of the -Hitlerite Government in respect of the Soviet Union as follows: - - “In the main, the problem amounts to this . . . first, to - conquer it, secondly, to rule it and thirdly, to exploit - it. . . . - - “The basic idea: The creation of a military power west of the - Urals must never occur again, even if, in order to prevent it, - we have to fight for a hundred years. All the adherents of the - Führer must know this. The Reich will only be secure if no - foreign military force exists west of the Urals. - - “The iron law must be: None but the Germans shall be permitted - to bear arms . . . only a German has the right to carry a - weapon; no Slav, no Czech, no Cossack, no Ukrainian. - - “Hitler continued: The Baltic countries must become a province - of the Reich. The Crimea and a considerable area to the north - must likewise become a province of the Reich. These areas must - be as extensive as possible. . . The Volga colony must become a - territory of the Reich, the Baku region a German concession - (military colony). - - “The Finns want East Karelia. However, because of its great - nickel production, the Kola peninsula must go to Germany. . . . - - “The Finns claim the Leningrad region. Level Leningrad to the - ground, then give it to the Finns.” - -The rapacious aims of the war launched by Germany against the U.S.S.R. -are frankly set forth in an article by the director of the fascist -propaganda, the notorious Goebbels, under the title “What For?” Goebbels -wrote: - - “This war is not a war for a throne nor an altar; this is a war - for grain and bread, a war for a well-laden breakfast, dinner, - and supper table . . . a war for raw materials, for rubber, - iron, and ore.” (Goebbels, Joseph, _Das eherne Herz_, - Zentralverlag der NSDAP, Munich, 1943, Pages 334-336.) - -Göring in his turn in an address at the Harvest Festival in the Berlin -Sports Palace, 5 October 1942, published in the _Völkischer Beobachter_ -of 6 October 1942, exclaimed greedily: - - “Don’t forget we have taken away from the Russians their best - regions. . . . Eggs, butter, and flour are there in such - quantities as you can hardly imagine. . . . We will have to see - that everything is properly collected and properly processed on - the spot. . . .” - -The Defendant Rosenberg worked feverishly at inventing new names for -Soviet cities, such as “Gotenburg” for Simferopol and “Theodorichshafen” -for Sevastopol. This occupation Rosenberg combined with the leadership -of a special staff concerned with the collection from the Caucasus. All -that shows very clearly the real predatory plans and schemes of the -Hitlerite aggressors against the Soviet Union. Above all, those criminal -designs aimed at plundering the Soviet Union and the enslavement and -exploitation of the Soviet people. - -At the same time these were all steps on the road to establishing -Hitlerite domination in Europe and in the whole world. It was precisely -for this reason that, in a document submitted in the case, published by -the High Command of the Navy, dealing with the plans for an invasion of -North Africa, Gibraltar, Syria, Palestine, and Egypt, the Hitlerite -Government stated that the realization of the above plan would depend -entirely on the results of the war against the Soviet Union. - -In its attempt to conceal its imperialistic aims the Hitlerite clique -hysterically shrieked, as usual, about a danger alleged to be -forthcoming from the U.S.S.R. and proclaimed that the predatory war -which it started against the Soviet Union with aggressive purposes was a -“preventive” war. - -A pitiful effort! - -What “preventive” war can we speak of, when documents prove that long in -advance Germany worked out and prepared a plan for an attack on the -U.S.S.R., formulated the predatory aims of this attack, earmarked the -territories of the Soviet Union which she intended to seize, established -the methods for pillaging of these territories and for the extermination -of their population, mobilized her army in good time, and moved to the -borders of the U.S.S.R. 170 fully equipped divisions only waiting for -the signal to advance? - -The fact of aggression committed by fascist Germany against the -U.S.S.R., as well as the original documents of the Hitlerite Government -which now have been made public, definitely show to the whole world and -to history how untrue and laughable was the assertion of the Hitlerite -propaganda about the “preventive” character of the war against the -U.S.S.R. - -Much as the fascist wolf might disguise himself in a sheep’s skin, he -cannot hide his teeth! - -Having committed the perfidious attack on the U.S.S.R., the Hitlerite -Government calculated that lengthy preparation for this attack, the -concentration of all the armed forces of Germany for this thrust, the -participation of Romanian and Finnish armies, as well as of Italian and -Hungarian units in this operation, and, finally, the advantage of -surprise would assure a rapid defeat of the U.S.S.R. - -However, all these calculations of the aggressors were frustrated by the -heroic resistance of the Red Army, which with self-denial defended the -honor and the independence of its country. The German plans of attack -were broken up one after another. I shall not describe all the phases of -the patriotic war of the Soviet People against the German fascist -invaders and the great and courageous struggle of the Red Army with -German, Romanian, Finnish, and other armies that invaded the soil of the -Soviet. The whole world watched this struggle with admiration, and it -will never be forgotten by history. - -The Soviet people, in battles the scale and ferocity of which were -unmatched in history, steadfastly defended and saved the freedom and -independence of their country and, together with the Allied armies, -liberated the freedom-loving nations throughout the whole world from the -terrible menace of Nazi enslavement. - -Having prepared and carried out the perfidious assault against the -freedom-loving nations, fascist Germany turned the war into a system of -militarized banditry. The murder of war prisoners, extermination of -civilian populations, plunder of occupied territories, and other war -crimes were committed as part of a totalitarian lightning war program -projected by the fascists. In particular the terrorism practiced by the -fascists on the temporarily occupied Soviet territories reached fabulous -proportions and was carried out with an outspoken cruelty. - - “We shall”—said Hitler to Rauschning—“have to develop a - technique of systematic depopulation. If you ask me what I mean - by ‘depopulation,’ I mean removal of entire racial units. And - that is what I intend to carry out—that, roughly, is my task. - Nature is cruel; therefore we, too, may be cruel. If I can send - the flower of the German nation into the hell of war without the - smallest pity for the spilling of precious German blood, then - surely I have the right to remove millions of an inferior race - that breeds like vermin!” (Rauschning, Hermann, _The Voice of - Destruction_, New York, 1940, Pages 137, 138.) - -The Soviet Prosecution has at its disposal numerous documents, collected -by the Extraordinary State Commission for the Soviet Union for the -prosecution and investigation of crimes committed by the German fascist -aggressors and their accomplices, which constitute irrefutable evidence -of countless crimes perpetrated by German authorities. - -We have at our disposal a document, known as the “Appendix Number 2 to -the Operational Order Number 8 of the Chief of the Sipo and SD,” dated -Berlin, 17 June 1941, and signed by Heydrich, who at that time held the -office of Himmler’s deputy. This document was worked out in -collaboration with the High Command of the German Armed Forces. The -appendices to Order Number 8, as well as Orders Number 9 and 14 and the -appendices thereto, make it evident that the systematic extermination of -Soviet people in fascist concentration camps in the territories of -U.S.S.R. and other countries occupied by the fascist aggressors was -carried out under the form of “filtration,” “cleansing measures,” -“purges,” “extraordinary measures,” “special treatment,” “liquidation,” -“execution,” and so on. - -The perpetration of these crimes was entrusted to the Sonderkommandos -especially formed for this purpose by agreement between the Chief of -Police and the SD and the High Command of the German Armed Forces. The -Appendix Number 1 to Order Number 14 shows that these Sonderkommandos -acted independently “on the basis of their special powers and in -accordance with general directives given to them within the scope of -camp regulations,” maintaining close contact with the camp commanders -and counterintelligence officers. - -It is to be noted that during the German offensive aimed at Moscow the -fascists created a special Sonderkommando Moscow, which was supposed to -carry out the mass killings of the inhabitants of Moscow. - -Hitler’s Government and the German Military Command were afraid that -these monstrous Orders Number 8 and Number 14 might fall into the hands -of the Red Army and the Soviet Government, and they took all possible -measures to keep these orders completely secret. In Order Number 14, -Heydrich declared: - - “I especially emphasize that Operational Orders Number 8 and - Number 14, as well as the regulations pertaining thereto, must - be immediately destroyed in case of imminent danger. Their - destruction is to be reported to me.” - -Besides the above-mentioned orders containing the program and plan for -the fascist annihilation of the Soviet population, numerous orders and -regulations were issued to the civil administration, as well as to the -German military authorities, prescribing mass extermination and -far-reaching application of the death penalty against the Soviet people. -Keitel’s order of 12 December 1941 reads as follows: - - “In the Führer’s opinion the punishment by imprisonment or even - by hard labor for life would be considered a sign of weakness. - Effective and lasting determent can be realized only by capital - punishment or measures which would leave the population in - complete ignorance of the criminal’s fate. This latter aim is - reached through the deportation of criminals into Germany. The - attached instructions for the prosecution of criminals are in - accordance with this opinion of the Führer’s. It is approved by - him.”—Signed—“Keitel.” - -Among the means employed by the Hitlerites for the extermination of -Soviet citizens were also intentional infection with spotted typhus and -murdering by poison gas in gas vans which were called the “murderess” in -Russian, _et alia_. - -Upon investigations by the Extraordinary State Commission of the Soviet -Union, it was found that at the front, behind their main line of -defense, the Hitlerites had systematically constructed special -concentration camps where they kept tens of thousands of children, women -who were unfit for work, and old men. The approaches to these camps were -mined. No buildings or shelters of any kind existed within the areas of -the camps, not even any barracks, and the internees had to camp on the -bare ground. The internees were punished with death for the slightest -attempt to infringe upon the established ruthless camp regulations. Many -thousands of typhus patients were found in these camps. The population -forcibly brought there from the surrounding villages was systematically -infected there with this disease. The document which will be presented -by the Soviet Prosecution describes in detail these heinous crimes -perpetrated by the Germano-fascist occupants. - -The Prosecution possesses a document signed by Untersturmführer Becker, -dated 16 May 1942. This document is a report to his superiors concerning -the use of gas vans. This is what one reads in this monstrous document: - - “The place of execution is located at about 10 to 15 kilometers - off a thoroughfare and is difficult to reach because of its - location. In wet or damp weather it is entirely inaccessible. - Whether the people to be executed are led or brought in vehicles - to this spot, they immediately realize what awaits them and - become restless; this should be avoided by loading them into - trucks at an assembly point, and driving them to the place of - execution. - - “I gave orders for the trucks of group D to be camouflaged as - trailers and that a window be inserted on each side of the - smaller vehicles, and in the larger trucks, two windows, all of - the country peasant cottage type. However, these machines became - so well known that not only the officials but even the - population called them the “death vans” as soon as they saw - them. In my opinion it is impossible to camouflage and keep them - secret for any length of time. I also gave orders that during - asphyxiation by gas the operating personnel should keep away - from the machine so that their health would not be impaired by - escaping gas. In this connection I would like to call attention - to the following: In certain units men are ordered to unload the - machines after gassing. I have drawn the attention of the - commanders of the corresponding Sonderkommandos to the immense - physical and moral injury this kind of work could cause the men, - if not immediately, then later. The men complained of headaches - after every unloading. Nevertheless they do not want to change - the procedure, for they are afraid that prisoners entrusted with - the work may use this favorable moment to escape. To protect the - men from this injury, I would ask that appropriate orders be - issued. - - “The procedure of poisoning by gas is not always carried out in - a correct manner. So as to end the business as quickly as - possible, the drivers always open the throttle wide. As a - consequence of this measure the condemned die of asphyxiation - rather than falling asleep as had been originally intended. As a - result of my orders death follows more rapidly, if the lever is - set correctly, and in addition, the condemned people drop off - peacefully to sleep. Distorted faces and defecations, two - symptoms which formerly had been noticed, were no longer - observed. - - “Today I will proceed to Group B, whence I shall send a further - report. - - “Dr. Becker, Untersturmführer.” - -The names have already been mentioned here of the camps of Maidanek and -Auschwitz with their gas chambers, in which over 5,500,000 completely -innocent people, citizens of Poland, Czechoslovakia, U.S.S.R., U.S.A., -Great Britain, France, and other democratic countries were killed. I -must name the concentration camps of Smolensk, Stavropol, Kharkov, Kiev, -Lvov, Poltava, Novgorod, Orel, Rovno, Dniepropetrovsk, Odessa, -Kamenetz-Podolsk, Gomel, Kerch, of the Stalingrad region, of Kaunas, -Riga, Mariampol (Lithuanian) of Kloga (Estonian) and many others, in -which hundreds of thousands of Soviet nationals belonging to the -civilian population, as well as soldiers and officers of the Red Army, -were tortured to death by the Hitlerites. - -The Germans also carried out mass shootings of Soviet citizens in the -Lisenitz forest, which is on the outskirts of Lvov in the direction of -Tarnopol. It was to this forest that the Germans daily drove, or brought -in motor vehicles, large parties of Soviet prisoners of war from the -Citadel camp, internees from the Yanov camp and from the Lvov prison, as -well as peaceful Soviet citizens who had been seized on the squares and -streets of Lvov in the course of numerous roundups. Investigations made -by the Extraordinary State Commission of the Soviet Union established -the fact that the Germans shot over 200,000 people in the Lisenitz -forest. - -These mass murders, this regime of tyranny and terror, were fully -approved by the Defendant Rosenberg who declared in his speech at the -meeting of the German Labor Front in November 1942: - - “Apparently, if we are to subjugate all these peoples”—that is, - peoples inhabiting the territory of the U.S.S.R.—“then - arbitrary rule and tyranny will be an extremely suitable form of - government.” - -Later, when the Red Army began to clear out the Germano-fascist hordes -from the Soviet Union territory they had temporarily occupied and when -the Soviet authorities began to discover the abominable crimes -perpetrated by the fascist monsters and to find numerous graves of -Soviet citizens, soldiers, and officers tortured to death by the -fascists, the German Command took urgent measures to conceal and destroy -all traces of their crimes. For this purpose, the German Command -organized everywhere exhumations of corpses from their graves and their -cremation. A special order of an Obersturmführer, dated “Rovno, 3 August -1943-IUAI No. 35/43c,” addressed to the Regional Commander of -Gendarmerie in Kamen-Kashirsk, ordered him immediately to supply -information concerning location and number of common graves of persons -to whom special repressive measures had been applied in the district. - -Among the documents discovered in the Gestapo building of the Rovno -district has been found a report concerning the execution of the -above-mentioned order, with the enumeration of about 200 localities, -where such graves were registered. One can see from this list that the -Germano-fascist henchmen primarily chose inaccessible and isolated spots -for the interment of their victims. At the end of the list we read, “The -list includes all the graves, including those of the commandos who -worked here previously.” - -I will now quote an extract of the appeal to the public opinion of the -world from the representatives of several thousand former internees at -Auschwitz: - - “The gassing of unbelievable numbers of people took place upon - the arrival of transports from various countries: France, - Belgium, Holland, Greece, Italy, Hungary, Czechoslovakia, - Germany, Poland, the U.S.S.R., Norway, and others. The new - arrivals had to pass before an SS doctor or else before the SS - commandant of the camp. The latter pointed his finger to the - right or left. The left meant death by gas. Out of a transport - of 1,500, an average of 1,200 to 1,300 were immediately to be - gassed. Rarely the quota of people sent into the camp was a - little higher. It often occurred that the SS doctors Mengele and - Thilo performed this selection while whistling a lively tune. - The people destined to be gassed were obliged to strip in front - of the gas chambers, after which they were driven with whips - into the gas chambers. Then the door of the underground - gas-chamber was closed, and the people were gassed. Death - occurred approximately 4 minutes later. After 8 minutes the gas - chamber was opened, and workmen belonging to a special commando, - the so-called Sonderkommando, transported the bodies to the - cremation ovens which burned day and night. - - “There was a shortage of ovens at the time of the arrival of - transports from Hungary; consequently enormous ditches were dug - for the purpose of cremating the bodies. Fires made of wood - soaked in gasoline were laid in these ditches and the bodies - were thrown into them. However, the SS men frequently hurled - live children and adults into those ditches, where these unhappy - victims died a terrible death. To save gasoline, the fats and - oils necessary for cremations were partly derived from the - bodies of gassed people. Fats and oils for technical purposes - and for the manufacture of soap were also obtained from the - corpses.” - -The appeal ends with the following words: - - “Together with 10,000 rescued inmates of all nationalities, we - demand that the crimes and the inconceivable atrocities of the - Hitlerites should not remain unpunished.” - -This just demand is supported by the entire civilized world and by all -freedom-loving people. The organized mass annihilation of prisoners of -war constitutes one of the vilest crimes of the Hitlerite conspirators. - -Numerous facts of murders, tortures, and maltreatment to which prisoners -of war were subjected have been definitely established. They were -tortured with red-hot irons, their eyes were gouged out, their -extremities severed, _et cetera_. The systematic atrocities and -short-shrift justice against captured officers and men of the Red Army -were not chance episodes or the results of criminal activities of -individual officers of the German Army and of German officials. The -Hitlerite Government and the High Command of the German Army ruthlessly -exterminated prisoners of war. Numerous documents, orders, and decrees -of the fascist Government and orders of the German Supreme Command -testify to this fact. - -As early as March 1941—as the German Lieutenant General Österreich -testified during his interrogation—a secret conference took place at -the headquarters of the High Command in Berlin, where measures were -planned for the organization of camps for Russian prisoners of war and -rules laid down for their treatment. According to Österreich’s evidence -these rules and measures for Soviet prisoners of war were essentially a -plan for their extermination. - -Many Soviet prisoners of war were shot or hanged while others perished -from hunger and infectious diseases, from cold, and from torture -systematically employed by the Germans according to a plan which was -developed beforehand and had as its object the mass extermination of -Soviet persons. - -In Appendix 3 to Order Number 8 for the Chief of the Security Police and -SD, dated 17 July 1941, a list is given of prisoner-of-war camps set up -in the area of the 1st Military District and of the so-called Government -General. In the 1st Military District camps were set up in particular in -Prokuls, Heidekrug, Schierwind, Schützenrode (Ebenrode) in Prostken, -Suwalki, Fischbor-Gersen and Ostrolenko. In the so-called Government -General, camps were set up at Ostrov-Mesovetsky, Sedlce, Byelopedlasko, -Kholm, Jaroslav, _et cetera_. In the appendix to Operational Order -Number 9, issued in development of Order Number 8 of 17 July 1942, lists -are given of the camps for Soviet prisoners of war situated in the -territory of military districts II, IV, VI, VIII, X, XI, and XIII, at -Hammerstein, Schneidemühl, and many other places. - -THE PRESIDENT: Would this be a convenient time to break off? - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MARSHAL (Colonel Charles W. Mays): May it please the Court, I desire to -announce that the Defendants Kaltenbrunner and Hess will be absent until -further notice on account of illness. - -THE PRESIDENT: Would it be convenient to you and the Soviet Delegation -if the Tribunal sat in open session until half past 11 tomorrow morning, -and then after that we would adjourn for a closed session for -administrative business? Would that be convenient to the Soviet -Delegation? - -GEN. RUDENKO: We, that is the Soviet Delegation, have no objection. - -THE PRESIDENT: Very well, then, that is what we will do. The Tribunal -will sit tomorrow from 10 until half past 11 in open session and will -then adjourn. - -GEN. RUDENKO: In these prisoner-of-war camps, as well as in camps for -the civilian population, extermination and torture were practiced, -referred to by the Germans as “filtering,” “execution,” and “special -treatment.” The “Grosslazarett” set up by the Germans in the town of -Slavuta has left grim memories. The whole world is familiar with the -atrocities perpetrated by the Germans against Soviet prisoners of war -and those of other democratic states at Auschwitz, Maidanek, and many -other camps. - -The directives of the German Security Police and of the SD—worked out -in collaboration with the Staff of the Supreme Command of the Armed -Forces, whose chief was the Defendant Keitel—were applied here. - -Operational Order Number 8 stated: - - “Executions must not take place in the camp or in the immediate - vicinity of the camp. If the camps in the Government General are - situated in the immediate vicinity of the frontier, the - prisoners intended for special treatment should, if possible, be - transported to former Soviet districts. Should executions be - necessary owing to violations of camp discipline, the chief of - the operational unit should in this case approach the camp - commander. - - “The activities of the special task forces sanctioned by the - army commanders of the rear areas (district commandants dealing - with affairs connected with prisoners of war) must be conducted - in such a way as to carry out filtering with as little notice as - possible, while the liquidation must be carried out without - delay and at such a distance from the transit camps themselves, - and from populated places, as to remain unknown to the rest of - the prisoners of war and to the population.” - -The following “form” for the carrying out of executions is recommended -in Appendix 1 to Operational Order Number 14 of the Chief of the -Security Police and SD, dated “Berlin, the 29th of October, 1941, No. 21 -B/41 GRS-IV A.I.Z.”: - - “Chiefs of operational groups decide questions about execution - on their own responsibility and give appropriate instructions to - the special task forces. In order to carry out the measures laid - down in the directives issued, the Kommandos are to demand from - the commandants of the camp the handing over to them of the - prisoners. The High Command of the Army has issued instructions - to the commandants for meeting such demands. - - “Executions must take place unnoticed, in convenient places, - and, in any event, not in the camp itself nor in its immediate - vicinity. It is necessary to take care that the bodies are - buried immediately and properly.” - -The report of the operational Kommando (Obersturmbannführer Lipper to -Brigadeführer, Dr. Thomas) in Vinnitza, dated December 1941, speaks of -the way in which all the above-mentioned instructions were carried out. - -It is pointed out in this report that, after the so-called “filtering” -of the camp, only 25 persons who could be classed as “suspects” remained -in the camp at Vinnitza. - - “This limited number”—the report states—“is explained by the - fact that the local organizations, in conjunction with the - commandants or with the appropriate counterintelligence - officers, daily undertook the necessary measures, in accordance - with the rules of the Security Police, against the undesirable - elements in the permanent prisoner-of-war camps.” - -Thus, apart from the mass executions conducted by Sonderkommandos -specially created for this purpose, the systematic extermination of -Soviet persons was widely practiced by commandants and their -subordinates in camps for Soviet prisoners of war. - -Among the documents of the Extraordinary State Commission of the Soviet -Union for the investigation of crimes committed by Germans in the -temporarily seized territories of the U.S.S.R. there are several notes -of the People’s Commissar for Foreign Affairs, V. M. Molotov, on the -subject of the extermination of prisoners of war and of their cruel -treatment, and in these notes numerous instances are given of these -monstrous crimes of the Hitlerite Government and of the German Supreme -Command. - -The note of V. M. Molotov, the People’s Commissar for Foreign Affairs, -dated 25 November 1941, on the subject of the revolting bestialities of -the German authorities against Soviet prisoners of war, addressed to all -ambassadors and ministers plenipotentiary of the countries with which -the U.S.S.R. has diplomatic relations, points out that the German High -Command and German military units subjected the Red Army soldiers to -brutal tortures and killings. - -The wild fascist fanatics stabbed and shot on the spot defenseless, -sick, and wounded Red Army soldiers who were in the camps; they raped -hospital nurses and medical aid women, and brutally murdered members of -the medical personnel. A special count of the victims of these -executions was conducted on instructions of the German Government and -the Supreme Command. - -Thus, the directive given in Appendix 2 to Heydrich’s Order Number 8, -points out the necessity for keeping an account of the executions -performed, that is, of the extermination of prisoners of war, in the -following form: 1) serial number, 2) surname and first name, 3) date and -place of birth, 4) profession, 5) last place of domicile, 6) grounds for -execution, 7) date and place of execution. - -A further specification of the tasks to be carried out by the special -task forces for the extermination of Soviet prisoners of war was given -in Operational Order Number 14, of the Chief of the Security Police and -SD, dated 29 October 1941. - -Among brutalities against Soviet prisoners of war must be included -branding with special identification marks, which was laid down by a -special order of the German Supreme Command, dated 20 July 1942. This -order provides for the following methods of branding: “The tightly drawn -skin is to be cut superficially with a heated lancet dipped in india -ink.” - -The Hague Convention of 1907, regarding prisoners of war, prescribed not -only humane treatment for prisoners of war, but also respect for their -patriotic feelings and forbids their being used to fight against their -own fatherland. - -Article 3 of the Convention, which refers to the laws and customs of -war, forbids the combatants to force enemy subjects to participate in -military operations directed against their own country, even in cases -where these subjects had been in their service before the outbreak of -war. The Hitlerites trod underfoot even this elementary principle of -international law. By beatings and threats of shooting they forced -prisoners to work as drivers of carts, motor vehicles, and transports -carrying ammunition and other equipment to the front, as supply bearers -to the firing line, as auxiliaries in anti-aircraft artillery, _et -cetera_. - -In the Leningrad district, in the Yelny region of the Smolensk district, -in the Gomel district of Bielorussia, in the Poltava district, and in -other places, cases were recorded where the German command, under threat -of shooting, drove captured Red Army soldiers forward in front of their -advancing columns during attacks. - -The mass extermination of Soviet prisoners of war, established by -special investigations of the Extraordinary State Commission of the -Soviet Union, is also confirmed by the documents of the German police -and of the Supreme Command captured by the Soviet and Allied armies on -German territory. In these documents it is stated that many Soviet -prisoners of war died of hunger, typhus, and other diseases. The camp -commandants forbade the civil population to give food to the prisoners -and doomed them to death by starvation. - -In many cases prisoners of war who were unable to keep in line on the -march because of starvation and exhaustion were shot in full view of the -civil population and their bodies left unburied. In many camps no -arrangements of any sort were made for living quarters for the prisoners -of war. They lay in the open in rain and snow. They were not even given -tools to dig themselves pits or burrows in the ground. One could hear -the arguments of the Hitlerites: “The more prisoners who die, the better -for us.” - -On the basis of the above exposition, I declare, on behalf of the Soviet -Government and People, that the responsibility for the bloody butchery -perpetrated on Soviet prisoners of war in violation of all the -universally accepted rules and customs of war, rests with the criminal -Hitlerite Government and German Supreme Command, the representatives of -which are now sitting on the defendants’ benches. - -Outstanding in the long chain of vile crimes committed by the German -fascist invaders is the forced deportation to Germany of peaceful -citizens, men, women, and children, for slave and forced labor. - -Documentary evidence proves the fact the Hitlerite Government and the -German Supreme Command carried out the deportation of Soviet citizens -into German slavery by deceit, threats, and force. Soviet citizens were -sold into slavery by the fascist invaders to concerns and private -individuals in Germany. These slaves were doomed to hunger, brutal -treatment, and, in the end, to an agonizing death. - -I shall dwell later on the inhuman and barbarous directives, edicts, and -orders of the Hitlerite Government and the Supreme Command, which were -issued for the purpose of effecting the deportation of Soviet persons to -German slavery and for which the defendants now being prosecuted are -responsible, particularly Göring, Keitel, Rosenberg, Sauckel, and -others. Documents at the disposal of the Soviet Prosecution, captured by -the Red Army from the staffs of the smashed Germano-fascist armies, -demonstrate the defendants to have perpetrated these crimes. - -In a report read at a meeting of the German Labor Front in November -1942, Rosenberg presented facts and figures confirming the vast scale of -the deportation of Soviet citizens to slave and serf labor in Germany -which were organized by Sauckel. - -On 7 November 1941 a secret conference took place in Berlin, at which -Göring gave directives to his officials concerning the utilization of -Soviet citizens for forced labor. These directives came to our knowledge -from a document which is Secret Circular Number 42006/41 of the Economic -Staff of the German Command in the East, dated 4 December 1941. This is -how these directives run: - - “1. Russians must be used chiefly for road and railway - construction, cleaning-up operations, demining and airfield - construction. German construction battalions must be disbanded - (for instance those of the air force). Skilled German workers - must work in war production; they must not dig and break - stones—the Russian is there for that purpose. - - “2. It is essential to utilize the Russian primarily for the - following types of work: Mining, road construction, war - production (tanks, guns, aircraft equipment), agriculture, - building, in large workshops (shoemaking) and in special - detachments for urgent unforeseen jobs. - - “3. In taking measures to keep order, the decisive - considerations are speed and severity. Only the following types - of punishment, without any intermediate punitive sanctions, will - be imposed: deprivation of food or death by sentence of - court-martial.” - -The Defendant Fritz Sauckel was appointed Plenipotentiary General for -the Allocation of Labor by Hitler’s order of 21 March 1942. On 20 April -1942 Sauckel sent to several government and military organs his -top-secret “Program of the Plenipotentiary General for the Allocation of -Labor,” which is no less foul than the circular referred to above. This -is what is said in the “Program”: - - “It is extremely necessary fully to utilize the human reserves - available in occupied Soviet territories. If attempts to attract - the necessary labor voluntarily do not succeed, it will be - necessary to resort immediately to recruitment or to the - compulsory signing of individual contracts. - - “Besides the prisoners of war we already have, and who are still - located in the occupied territories, there is need mainly for - the recruitment of skilled male and female civilian workers over - 15 years of age from the Soviet provinces for utilization in - Germany. - - “In order that the burden on the overworked German peasant woman - should be noticeably lightened, the Führer has ordered me to - bring 400,000 to 500,000 selected, healthy, and strong girls to - Germany from the Eastern territories.” - -Yet another secret document concerning the utilization of women workers -from the Eastern territories, for domestic labor in Germany, has been -presented to the Tribunal by the Prosecution. This document is composed -of excerpts from the report on a meeting held by Sauckel on 3 September -1942. I quote some of these excerpts: - - “1. The Führer has ordered that between 400,000 and 500,000 - Ukrainian women aged between 15 and 35 be brought immediately - for domestic labor. - - “2. The Führer has expressed categorically his desire that a - large number of these girls . . . be Germanized. - - “3. It is the Führer’s will that, in 100 years’ time, 250 - million German-speaking people should live in Europe. - - “4. . . . to consider these women workers from the Ukraine as - workers from the East, and to put the sign ‘Ost’ “—East—” on - them. - - “5. Gauleiter Sauckel added that apart from the introduction of - women workers for domestic labor it was intended to utilize an - additional million workers from the East. - - “6. References to the difficulty of bringing stocks of grain to - Germany from other countries did not worry him (Sauckel) at all. - He would find ways and means to utilize Ukrainian grain and - cattle, even if he would have to mobilize all the Jews in Europe - and make of them a living chain of conveyors to get all the - necessary boxes to the Ukraine.” - -Foreseeing the inevitability of the failure of existing measures to -recruit Soviet citizens by force for labor in Germany, Sauckel ordered, -in a secret directive of 31 March 1942, Number FA 578028/729: - - “The recruitments for which you are responsible must be enforced - by all available means, including the severe application of the - principle of compulsory labor.” - -Sauckel and his agents used all possible methods of pressure and terror -to carry out the plans of recruitment. They starved the Soviet citizens -condemned to this recruitment, lured them to the stations under pretense -of distribution of bread, surrounded them with soldiers, loaded them -into trains under the threat of shooting them, and took them to Germany. -But even these coercive methods did not help. The recruitment was not -successful. Then Sauckel and his agents had recourse to a quota system. -This is testified to by an order of a German commandant, captured by the -Red Army forces when the occupied part of the Province of Leningrad was -liberated. It runs as follows: - - “To the mayors of village communities. . . . Since a very small - number of people have so far presented themselves for labor in - Germany, every mayor of a village community must, in accord with - the elders of the villages, provide 15 or more persons from each - village community for labor in Germany. Healthy people aged - between 15 and 50 must be provided.” - -The chief of the political police and of the Security Service in Kharkov -stated in his report on the situation in the town of Kharkov, covering -the period from 24 July to 9 September 1942: - - “The recruitment of labor is worrying the competent agencies, - since an extremely antagonistic attitude to transportation for - work in Germany is observed among the population. At present the - situation is such that everyone tries by every available means - to escape recruitment (malingering, escape into the forests, - bribery of officials, _et cetera_). As for working in Germany - voluntarily, this has been out of the question for a long time - past.” - -That citizens deported to German slavery were subjected to the most -brutal treatment is shown by a vast quantity of complaints and -statements collected by the Extraordinary State Commission of the Soviet -Union for ascertaining and investigating the crimes of the -Germano-fascist invaders. - -Polish, Czechoslovak, and Yugoslav citizens deported to German slavery -suffered the same fate. - -In carrying out their plans of conquest and plunder, the Hitlerites -systematically destroyed towns and villages, destroyed the treasures -created by labors of many generations and plundered the peaceful -population. Together with their accomplices—the criminal Governments of -Finland and Romania—the Hitlerites developed their plans for the -destruction of the largest cities of the Soviet Union. A document, -emanating from the naval war staff, dated 29 September 1941 and entitled -“The Future of the City of Leningrad,” contains the following statement: - - “The Führer has decided to wipe the city of Leningrad from the - face of the earth. Finland has also declared clearly that she is - not interested in the further existence of the city in the - immediate vicinity of her new boundary.” - -On 5 October 1941 Hitler addressed a letter to Antonescu, the special -object of which was to co-ordinate their plans for seizing and -destroying the city of Odessa. - -An order of the German Commander-in-Chief, dated 7 October 1941 and -signed by the Defendant Jodl, prescribed that Leningrad and Moscow -should be wiped from the face of the earth. - - “In the case of all other towns, too”—states the order—“the - rule should hold that, prior to their occupation, they should be - reduced to ruins by artillery fire and by air raids. It is - inadmissible that a German soldier’s life should be risked in - order that Russian towns be saved from fire.” - -These directives of central German authorities were widely applied by -military commanders of all ranks. Thus an order to the 512th German -Infantry Regiment, signed by Colonel Schittnig, prescribes that the -regions and districts conquered by the Hitlerites be turned into a -desert area. In order that this crime should lead to the most -destructive results, the order gives a detailed plan for the -annihilation of inhabited localities. - - “Preparations for the destruction of inhabited localities”—the - order states—“should be made in such a manner that: (a) No - suspicion be aroused among the civilian population, prior to - announcement; (b) it should be possible to start the - destructions at once, by one blow, at an appointed time. . . . - On the day designated, particularly strict watch should be kept - on inhabited localities so as not to allow any civilians to - leave them, especially from the moment the announcement - regarding the destruction is made.” - -An order by the commander of the 98th German Infantry Division, dated 24 -December 1941, is even entitled, “Program of Destruction.” This order -gives concrete directions regarding the destruction of a number of -inhabited localities and suggests that: - - “Available stocks of hay, straw, food supplies, _et cetera_, are - to be burnt. All stoves in homes should be put out of action by - hand grenades so that their further use be made impossible. On - no account is this order to fall into the hands of the enemy.” - -Special squads of fire raisers (torch bearers) were formed, which set -fire to the treasures created by the labor of generations. - -Your Honors, I wish to draw your attention to the document known as -“Directives for the Control of Economy in the Newly Occupied Eastern -Territories”—the “Green File.” Göring is the author of these -directives. This secret document is dated “Berlin, June 1941.” I will -quote only a few excerpts from it. The first quotation is: - - “Pursuant to the Führer’s”—Hitler’s—“orders, it is necessary - to take all measures for the immediate and full exploitation of - the occupied territories for Germany’s benefit. To obtain for - Germany the largest possible amount of food supplies and crude - oil—such is the main economic objective of the campaign. At the - same time German industry must also be supplied with other kinds - of raw materials from the occupied territories. The first task - is to supply the German armies with the utmost speed entirely - from the resources of the occupied territories.” - -Second quotation: - - “The opinion that the occupied territories should be restored to - order as soon as possible, and their economy re-established, is - quite out of place. . . . The . . . restoration of order must - take place only in those areas from which we can obtain - considerable supplies of agricultural products and crude oil; in - others . . . economic activity must be limited to the - exploitation of such stocks as are discovered.” - -Third quotation: - - “All raw materials, semi-manufactured, and finished goods must - be withdrawn from the markets by means of orders, requisitions, - and confiscations. Platinum, magnesium, and rubber should be - collected immediately and removed to Germany. Foodstuffs, as - well as articles of domestic and personal use, and clothing - discovered in the combat zone and in the rear areas, are to be - placed, in the first instance, at the disposal of the economic - detachments to satisfy the needs of the armies. . . . What is - rejected by them will be passed on to the next highest war - economy agency.” - -As I have already said at the beginning, the main objective of the -German aggression against the Soviet Union was to plunder the Soviet -country and to obtain the economic resources necessary for Hitlerite -Germany, without which she could not carry out her imperialistic plans -of aggression. - -Göring’s Green File represented the extensive program, developed -beforehand by the fascist conspirators, for the organized plunder of the -Soviet Union. - -This program laid down in advance concrete plans for plunder: The -forcible confiscation of valuables, the organization of slave labor in -our cities and villages, the abolition of wages in industrial -establishments, the uncontrolled issue of completely insecure currency, -_et cetera_. To materialize this program of plunder, the creation of -special machinery was provided with its own economic command, economic -staffs, its own intelligence, inspectorate, army units, detachments for -collecting means of production, detachments for collecting raw -materials, military agronomists, agricultural officers, _et cetera_. - -Together with the advancing German armies, there also moved detachments -of the economic departments of the Army, whose task was to determine the -available supplies of grain, cattle, fuel, and other property. These -detachments were subordinated to a special economic inspectorate which -had its seat in the rear areas. - -Soon after the attack on the U.S.S.R. Hitler’s decree of 29 June 1941 -placed the entire control of the loot of occupied territories in the -hands of the Defendant Göring. By this decree Göring was given the right -to take “all measures necessary for the maximum utilization of all -stocks discovered and of the country’s economic capacity in the -interests of German war economy.” The Defendant Göring directed the -predatory activities of the German military and economic detachments -with the greatest zeal. - -At a conference held on 6 August 1942 with the Reich commissioners and -representatives of the military command, Göring demanded that the -plunder of occupied territories be intensified: - - “You are sent there”—Göring pointed out—“not to work for the - benefit of the peoples entrusted to you, but in order to pump - out of them all that is possible.”—And further on—“I intend to - plunder and to plunder effectively.” - -As established by the Extraordinary State Commission of the Soviet -Union, these directives of Göring were carried out by the Reich -ministers and representatives of German firms, under whose control were -various kinds of economic groups, technical battalions, economic staffs, -and economic inspectorates. Particularly active in the plunder of -property of the Soviet Union were the German firms Friedrich Krupp A.G.; -Hermann Göring; Siemens-Schuckert; the Mining and Metallurgical Company -“Ost”; the Corporation “Nord”; Heinrich Lanz; Landmaschinenbauindustrie; -I. G. Farbenindustrie, and many others. - -While they plundered and pillaged state and private property, the -Hitlerite invaders doomed to starvation and death the population of the -districts thus plundered. Field Marshal Reichenau’s order of 10 October -1941, which was distributed as a model among all German units together -with a note saying that Hitler considered it an excellent order, -contained the following incitement to plunder and exterminate the -population, “To supply local inhabitants and prisoners of war with food -is an act of unnecessary humanity.” - -The notes on the conference held in Rovno, from 26 to 28 August 1942, -which were discovered in Defendant Rosenberg’s files, state: - - “The object of our work is to make the Ukrainians work for - Germany; we are not here to make these people happy. The Ukraine - can give us what is lacking in Germany. This object must be - achieved irrespective of losses.” - -Following the directives of the Defendant Göring, the local authorities -mercilessly and completely plundered the population of the occupied -territories. An order discovered at a number of places in the Kursk and -Orel districts by units of the Red Army contains a list of property to -be handed over to the military authorities. Things like scales, sacks, -salt, lamps, saucepans, oilcloth, blinds, and gramophones with records -are mentioned in the order. “All this property,” the order states, “must -be delivered to the commander. Those guilty of infringing this order -will be shot.” - -In their fierce hatred of the Soviet people and their culture, the -German invaders destroyed scientific and artistic institutions, -historical and cultural monuments, schools and hospitals, clubs and -theaters. - -“No historic or artistic treasures in the East”, Field Marshal Reichenau -decreed in his order, “are of importance.” - -The destruction of historical and cultural treasures carried out by the -Hitlerites assumed vast proportions. Thus, in a letter of 29 September -1941 from the Plenipotentiary General for Bielorussia to Rosenberg, it -is stated: - - “According to the report of the major of the 707th Division, who - today handed over to me the remaining treasures, the SS men left - the rest of the pictures and works of art to be plundered by the - armed forces; these included extremely valuable pictures and - furniture dating from the 18th and 19th centuries, vases, marble - sculptures, _et cetera_. . . . - - “. . . the museum of history was also completely destroyed. From - the geographical section, valuable precious and semi-precious - stones were looted. In the university, scientific instruments to - a total value of hundreds of thousands of marks were senselessly - smashed or stolen.” - -In the territory of those districts of the Moscow province which were -temporarily occupied by the fascists, the occupants destroyed and looted -112 libraries, 4 museums, and 54 theaters and cinemas. The Hitlerites -looted and burnt the famous museum at Borodino, whose historical relics -pertaining to the patriotic war of 1812 are particularly dear to the -Russian people. In the small village of Polotnyanny Zavod the occupants -looted and burnt Pushkin’s house, which had been turned into a museum. -The Germans destroyed manuscripts, books and pictures which had belonged -to Leo Tolstoy at Yasnaya Polyana. The German barbarians desecrated the -grave of the great author. - -The occupants looted the Bielorussian Academy of Science housing -extremely rare collections of historic documents and books, and -destroyed hundreds of schools, clubs, and theaters in Bielorussia (White -Russia). - -From the Pevlovsk Palace in the town of Slutzk the extremely valuable -palace furniture, made by outstanding craftsmen of the 18th century, was -removed to Germany. From the Peterhof palaces the Germans removed all -the remaining sculptured and carved ornaments, carpets, pictures, and -statues. The Great Palace of Peterhof, constructed in the reign of Peter -I, was barbarously burnt after it had been looted. The German vandals -destroyed the State Public Library at Odessa, containing over 2 million -volumes. - -At Tchernigov a famous collection of Ukrainian antiquities was looted. -At the Kievo-Petchersk Monastery the Germans seized documents from the -archives of the metropolitans of Kiev and books from the private library -of Peter Mogila, who had collected extremely valuable works on world -literature. They looted the precious collections of the Lvov and Odessa -museums and removed to Germany or partially destroyed the treasures of -the libraries of Vinnitza and Poltava, where extremely rare copies of -medieval literary manuscripts, the first printed editions of the 16th -and the 17th centuries, and ancient missals were kept. - -The wholesale plunder in the occupied regions of the U.S.S.R., carried -out on direct orders of the German Government, was not only directed by -the Defendants Göring and Rosenberg and by the various staffs and -detachments subordinated to them, but the Ministry for Foreign Affairs, -with the Defendant Ribbentrop at its head, also took part in the looting -through a special organization. - -The statement by Obersturmführer, Dr. Norman Förster of the 4th Company, -Special Task Battalion of the SS Troops (Waffen-SS), published by the -press at that time, bears witness of the fact. Förster stated in his -deposition: - - “In August 1941, while I was in Berlin, I was detached from the - 87th Antitank Division and assigned to the Special Task - Battalion of the Ministry for Foreign Affairs, through the help - of Dr. Focke, an old acquaintance of mine at Berlin University, - who was then working in the Press Division of the Ministry for - Foreign Affairs. This battalion was formed on the initiative of - Foreign Minister Ribbentrop, and acted under his - direction. . . . The task of this Special Task Battalion - consisted in seizing, immediately after the fall of large - cities, their cultural and historical treasures, libraries of - scientific institutions, selecting valuable editions of books - and films, and then sending all these to Germany.” - -And further: - - “We obtained rich trophies in the library of the Ukrainian - Academy of Science, treasuring the rarest Persian, Abyssinian, - and Chinese manuscripts, Russian and Ukrainian chronicles, the - initial copies of books printed by the first Russian printer, - Ivan Fyodorov, and rare editions of works by Shevtchenko, - Mitzkevitch, and Ivan Franko.” - -Side by side with the barbarous destruction and looting of villages, -towns, and national cultural monuments, the Hitlerites also mocked the -religious feelings of the believers among the Soviet population. They -burnt, looted, destroyed, and desecrated on Soviet territory 1,670 Greek -Orthodox churches, 237 Roman Catholic churches, 69 chapels, 532 -synagogues, and 258 other buildings belonging to religious institutions. - -They destroyed the Uspensky Church of the famous Kievo-Petchersky -Monastery, built in 1073, and with it eight monastery buildings. At -Tchernigov, the Germano-fascist armies destroyed the ancient -Borisoglebsky Cathedral, built at the beginning of the 12th century, the -Cathedral of the Efrosiniev Monastery of Polotzk, built in 1160, and the -Church of Paraskeva-Piatniza-in-the-Market, an extremely valuable -monument of 12th century Russian architecture. At Novgorod the -Hitlerites destroyed the Antoniev, Khutynsky, Zverin, Derevyanitzky and -other ancient monasteries, the famous church of Spas-Nereditza, and a -series of other churches. - -The German soldiers scoffed at the religious feelings of the people. -They dressed up in church vestments, kept horses and dogs in the -churches, and made bunks out of the icons. In the ancient Staritzky -Monastery, units of the Red Army found the naked bodies of tortured Red -Army prisoners of war, stacked in piles. - -The damage inflicted on the Soviet Union as a result of the destructive -and predatory activities of German army units is extremely great. - -The German armies and occupational authorities, carrying out the orders -of the criminal Hitlerite Government and of the High Command of the -Armed Forces, destroyed and looted Soviet towns and villages and -industrial establishments and collective farms seized by them; destroyed -works of art, demolished, stole, and removed to Germany machinery, -stocks of raw and other materials and finished goods, art and historic -treasures, and carried out the general plundering of the urban and rural -population. In the occupied territories of the Soviet Union 88 million -persons lived before the war; gross industrial production amounted to 46 -million rubles (at the fixed Government prices of 1926-27); there were -109 million head of livestock, including 31 million head of horned -cattle and 12 million horses; 71 million hectares of cultivated land, -and 122,000 kilometers of railway lines. - -The German fascist invaders completely or partially destroyed or burned -1,710 cities and more than 70,000 villages and hamlets; they burned or -destroyed over 6 million buildings and rendered some 25 million persons -homeless. Among the damaged cities which suffered most were the big -industrial and cultural centers of Stalingrad, Sevastopol, Leningrad, -Kiev, Minsk, Odessa, Smolensk, Novgorod, Pskov, Orel, Kharkov, Voronezh, -Rostov-on-Don, and many others. - -The Germano-fascist invaders destroyed 31,850 industrial establishments -employing some 4 million workers; they destroyed or removed from the -country 239,000 electric motors and 175,000 metal cutting machines. - -The Germans destroyed 65,000 kilometers of railway tracks, 4,100 railway -stations, 36,000 post and telegraph offices, telephone exchanges, and -other installations for communications. - -The Germans destroyed or devastated 40,000 hospitals and other medical -institutions, 84,000 schools, technical colleges, universities, -institutes for scientific research, and 43,000 public libraries. - -The Hitlerites destroyed and looted 98,000 collective farms, 1,876 state -farms, and 2,890 machine and tractor stations; they slaughtered, seized -or drove into Germany 7 million horses, 17 million head of horned -cattle, 20 million pigs, 27 million sheep and goats, and 110 million -head of poultry. - -The total damage caused to the Soviet Union by the criminal acts of the -Hitlerite armies has been estimated at 679,000 million rubles at the -Government prices of 1941. - -All the defendants prepared, organized, and perpetrated indescribable -and blasphemous crimes, such as have never before been committed in -history, against humanity and against the principles of human ethics and -of international law. - -In the statement of the offense in Count Four of the Indictment, it is -rightly pointed out that the very plan or conspiracy was organized also -for committing Crimes against Humanity. The fascist conspirators started -committing Crimes against Humanity from the moment of the formation of -the Hitler Party. These crimes attained vast proportions after the -coming into power of the Hitlerites. - -The concentration camp of Buchenwald, set up in 1938, and the camp at -Dachau, established in 1934, turned out to be only the anemic prototypes -of Maidanek, Auschwitz, Slavuta, and numerous death camps, set up by the -Hitlerites in the territories of Latvia, Bielorussia, and the Ukraine. - -The very coming into power of the Hitlerites was marked by many -provocations which served as an excuse for committing grave Crimes -against Humanity. Inflicting punishments without due process of law by -the Hitlerites upon all who did not share the ideology of the fascist -clique became widespread. - - “We deny the protection of law to the enemies of the people. We - National Socialists knowingly take a stand against false - soft-heartedness and false humaneness. We do not recognize the - sophistry of tricky lawyers and cunning juridical - subtleties”—wrote Göring, as early as 1934, in an article - published overseas in the Hearst press. (Göring, Hermann, _Reden - und Aufsätze_, Zentralverlag der NSDAP, Munich, 1940, Page 159.) - -In one of the articles, dated 1933, Göring regarded it as his special -merit that he had reorganized the entire management of the Gestapo, -having placed the Secret Police under his immediate control and -organized concentration camps to be used in fighting political -opponents. - - “Thus”—spoke Göring—“arose the concentration camps in which we - soon had to stick thousands of people belonging to the Communist - and Social Democratic Party machines.” - -At the disposal of the Soviet Prosecution are the notes of Martin -Bormann, found in the archives of the German Foreign Office and captured -by the Soviet troops in Berlin, on the conference held by Hitler on 2 -October 1940. This document refers to occupied Poland. It will be -submitted to the Tribunal. At the moment I shall only quote from it a -few points of the Hitlerite leadership program. The conference started -with the statement by Frank that his activities as Governor General -could be considered very successful: The Jews in Warsaw and other cities -were locked up in ghettos. Very soon Kraków would be entirely cleared of -Jews. - - “There must be no Polish gentry”—the document went on to - state—“wherever they may be, they must be exterminated, no - matter how brutal this may sound. - - “. . . all representatives of the Polish intelligentsia must be - exterminated. This sounds brutal, but such is the law of - life. . . . Priests will be paid by us and, as a result, they - will preach what we want. If we find a priest acting otherwise - short work is to be made of him. The task of the priest consists - in keeping the Poles quiet, stupid, and dull-witted. This is - entirely in our interests. The lowest German workman and the - lowest German peasant must always stand above any Pole - economically.” - -A special place among the unheard-of crimes of the Hitlerites is -occupied by the bloody butchery of the Slavic and Jewish peoples. Hitler -said to Rauschning: - - “After all these centuries of whining about the protection of - the poor and the lowly, it is about time we decided to protect - the strong against the inferior. It will be one of the chief - tasks of German statesmanship for all times to prevent, by every - means in our power, the further increase of the Slav races. - Natural instincts bid all living beings not merely to conquer - their enemies but to destroy them. In former days it was the - victor’s prerogative to destroy entire tribes, entire peoples.” - (Rauschning, H., _The Voice of Destruction_, New York, 1940, - Page 138.) - -If Your Honors please, you have already heard the testimony of the -witness, Eric Von dem Bach-Zelewski, about Himmler’s aims, as given by -him in his speech at the beginning of 1941. - -In answer to a question by a representative of the Soviet Prosecution, -the witness declared, “Himmler mentioned in his speech that it was -necessary to cut down the number of Slavs by 30 million.” The Tribunal -will see by this what monstrous proportions the criminal ideas of the -Hitlerite fanatics attained. - -The Hitlerites vented their ferocity particularly on the Soviet -intelligentsia. Even before the attack on the U.S.S.R., directives were -prepared regarding the merciless annihilation of Soviet people for -political and racial reasons. In Appendix 2 to Operational Order Number -8 of the Chief of the Security Police and SD, dated 17 June 1941, it was -stated: - - “It is above all essential to ascertain the identity of all - prominent Government and party officials, particularly - professional revolutionaries, persons working for the Comintern, - all influential members of the Communist Party of the U.S.S.R. - and the affiliated organizations in the Central Committee and - the district and regional committees, all people’s commissars - and their deputies, all former political commissars in the Red - Army, leading personalities of the state institutions of the - central and middle administrative levels, leading personalities - in economic life, the Soviet Russian intelligentsia, and all - Jews.” - -In a directive of 17 June 1941 for Security Police and SD detachments it -is pointed out that it is necessary to take such measures, not only -against the Russian people, but also against the Ukrainians, -Bielorussians, Azerbaidzhanians, Armenians, Georgians, Turks, and other -nationalities. - -The Soviet Prosecution will present to the Tribunal actual documents and -facts in this connection. The fascist conspirators planned the -extermination to the last man of the Jewish population of the world and -carried out this extermination throughout the whole of their -conspiratorial activity from 1933 onwards. - -My American colleague has already quoted Hitler’s statement of 24 -February 1942, that “the Jews will be annihilated.” In a speech by the -Defendant Frank, published in the _Kraków Gazette_ on 18 August 1942, it -is stated: - - “Anyone who passes through Kraków, Lvov, Warsaw, Radom, or - Lublin today must in all fairness admit that the efforts of the - German administration have been crowned with real success, as - one now sees hardly any Jews.” - -The bestial annihilation of the Jewish population took place in the -Ukraine, in Bielorussia, and in the Baltic States. In the town of Riga -some 80,000 Jews lived before the German occupation. At the moment of -the liberation of Riga by the Red Army there were 140 Jews left there. - -It is impossible to enumerate in an opening statement the crimes -committed by the defendants against humanity. The Soviet Prosecution has -at its disposal considerable documentary material which will be -presented to the Tribunal. - -If Your Honors please, I here appear as the representative of the Union -of the Soviet Socialist Republics, which bore the main brunt of the -blows of the fascist invaders and which vastly contributed to the -smashing of Hitlerite Germany and its satellites. On behalf of the -Soviet Union, I charge the defendants on all the counts enumerated in -Article 6 of the Charter of the International Military Tribunal. - -Together with the Chief Prosecutors of the United States of America, -Great Britain, and France, I charge the defendants with having prepared -and carried out a perfidious attack on the peoples of my country and on -all freedom-loving nations. - -I accuse them of the fact that, having initiated a world war, they, in -violation of the fundamental rules of international law and of the -treaties to which they were signatories, turned war into an instrument -of extermination of peaceful citizens—an instrument of plunder, -violence, and pillage. - -I accuse the defendants of the fact that, having proclaimed themselves -to be the representatives of the “master race,” a thing which they have -invented, they set up, wherever their domination spread, an arbitrary -regime of tyranny; a regime founded on the disregard for the elementary -principles of humanity. - -Now, when as a result of the heroic struggle of the Red Army and of the -Allied forces, Hitlerite Germany is broken and overwhelmed, we have no -right to forget the victims who have suffered. We have no right to leave -unpunished those who organized and were guilty of monstrous crimes. - -In sacred memory of millions of innocent victims of the fascist terror, -for the sake of the consolidation of peace throughout the world, for the -sake of the future security of nations, we are presenting the defendants -with a just and complete account which must be settled. This is an -account on behalf of all mankind, an account backed by the will and the -conscience of all freedom loving nations. - -May justice be done! - -THE PRESIDENT: We shall now adjourn. General Rudenko, your delegation -will be prepared to go on after the adjournment, will you not? - -GEN. RUDENKO: Yes. I would also prefer that there should now be an -adjournment. - -THE PRESIDENT: Do you mean an adjournment altogether for the day or what -the Tribunal proposed, to adjourn now for 10 or 15 minutes, then -continue until 5 o’clock? Would that not be convenient to you? - -GEN. RUDENKO: All right; yes, Sir. - - [_A recess was taken._] - -GEN. RUDENKO: If it please Your Honors, Colonel Karev will report on the -order of submitting the documents to the Tribunal. - -COLONEL D. S. KAREV (Assistant Prosecutor for the U.S.S.R.): The Soviet -Prosecution begins its presentation of evidence on all counts of the -Indictment. The Tribunal is already familiar with the large number of -important documents presented on behalf of the Prosecution by our -honorable colleagues. On its own part the Soviet Prosecution has at its -disposal numerous documents relating to the criminal activities of the -fascist conspirators. - -In connection with Count One, dealing with the Crimes against Peace, we -shall submit the following types of documents: Administrative -regulations by the German authorities, orders and plans by the German -military command, diaries and personal archives of several of the -leaders of the fascist party and the German Government, as well as other -documents. These documents were in part found by units of the Red Army -on German soldiers and officers, or were discovered in concentration -camps and in offices of German authorities. - -In connection with Counts Two and Three, that is, War Crimes and Crimes -against Humanity, we shall offer in evidence, in the first place, the -reports and files of the Extraordinary State Commission of the Soviet -Union for the determination and investigation of crimes committed by the -German fascist invaders and their accomplices. This commission was set -up by the decree of the Presidium of the Supreme Soviet of the U.S.S.R., -dated 2 November 1942. For local work there were set up state, regional, -district, and municipal commissions to assist in the work of the -Extraordinary State Commission of the Soviet Union for the determination -and investigation of the misdeeds committed by the Germano-fascist -invaders. Both the central office, as well as the local offices of the -Extraordinary State Commission, were composed of prominent statesmen and -representatives of different public scientific and cultural -organizations, as well as of religious denominations. The Extraordinary -State Commission, through its representatives and with the assistance of -representatives of local groups and local state authorities has -collected and checked data and drawn up protocols on the atrocities of -the German invaders and on the damage caused to the Soviet Union and its -citizens. Counting only the crimes committed by the Germano-fascist -monsters against the peaceful citizens of the Soviet Union, 54,784 files -were drawn up. In accordance with Article 21 of the Charter of the -International Military Tribunal, these files represent unquestionable -evidence. Of all these files of the Extraordinary State Commission, only -an insignificant number will at present be submitted to the Tribunal by -the Soviet Prosecution. In the possession of the Soviet Prosecution are -also photographs showing the atrocities and destruction committed by the -German invaders in the temporarily occupied territories of the U.S.S.R. -Part of these photographs will be submitted to the Tribunal. Several -documentary films will be offered to the Tribunal in evidence by the -Soviet Prosecution. In submitting evidence relating to War Crimes -committed by the conspirators, the Soviet Prosecution will also use -several German documents, photographs, and films which were captured -from the Germans. - -The Soviet Prosecution will also submit evidence relative to crimes -committed by the defendants and their accomplices against -Czechoslovakia, Poland, and Yugoslavia. Out of this evidence special -mention must be made of the official report by the Czechoslovakian -Government entitled “German Crimes against Czechoslovakia.” This report -was prepared on the direction of the Czechoslovakian Government by the -Envoy Extraordinary and Minister Plenipotentiary, Dr. Boguslav Ecer, the -representative of Czechoslovakia in the United Nations Commission for -Investigation of War Crimes. There are documents appended to the -official report on German crimes against Czechoslovakia. Among these -documents there are laws, decrees, orders, _et cetera_, issued and -officially published by the Germano-fascist authorities; documents from -the archives of the Czechoslovak Government; and affidavits by persons -who held prominent positions in Czechoslovakia during the occupation. -There will be shown a special film concerning the destruction of Lidice. -It was, in its time, prepared by official German agencies. The film was -found by officials of the Czechoslovakian Ministry of the Interior. The -official report on the German crimes against Czechoslovakia, as well as -the documents appended thereto, on the strength of Article 21 of the -Charter of the International Military Tribunal, represent unquestionable -evidence and will be presented to the Tribunal as Exhibit USSR-60 -(Document Number USSR-60). - -The Soviet Prosecution will likewise present evidence regarding the -crimes perpetrated by the conspirators in Poland. The basic document to -be presented on this subject by the Soviet Prosecution will be the -report of the Polish Government dated 22 January 1946. The official -documents of the Polish Government were the primary source of the report -of the Polish Government on the German crimes committed in Poland. Both -the official report of the Polish Government and the documents appended -thereto, on the strength of Article 21 of the Charter of the -International Military Tribunal, represent unquestionable evidence. - -And finally, the Soviet Delegation will present to the Tribunal -documents concerning the crimes of German invaders committed on Yugoslav -territory. The investigation of the criminal activity of the German -Command and of the German occupational authorities in Yugoslavia was -carried out by the Yugoslav State Commission for the investigation of -crimes committed by the German occupants. The commission was created on -29 November 1943 by a decision of the Yugoslav Anti-Fascist Committee -for the National Liberation of Yugoslavia. This commission, which from -the beginning has always been presided over by Dr. Doushan -Nedelkovitsch, professor at Belgrade University, started its work when a -part of Yugoslavia was still under the domination of the German, -Italian, Hungarian, and other occupants. Besides the Yugoslav State -Commission, the investigation of the crimes committed by the -Germano-fascist invaders was carried out by eight specially created -federal commissions, as well as by district and regional commissions. On -the strength of the material collected, the Yugoslav State Commission -has issued 53 communiques describing the atrocities committed by the -German occupants and submits its report dated 26 December 1945. This -report represents unquestionable evidence, and is submitted by us as -Exhibit USSR-36 (Document Number USSR-36). - -It is my duty to mention that documentary evidence which has been -already presented by our honorable American, British, and French -colleagues will, to some extent, be used by the representatives of the -Soviet Prosecution. - -May it please Your Honors, in conclusion I would like to make known to -the Tribunal the order in which the prosecutors from the U.S.S.R. will -present their case. - -The Count dealing with the Crimes against Peace (aggression against -Czechoslovakia, Poland, and Yugoslavia) will be presented by Colonel -Pokrovsky, the U.S.S.R. Deputy Chief Prosecutor. - -The Count dealing with the aggression against the U.S.S.R. will be -presented by State Counsellor of Justice, Third Class, Zorya. - -Thereupon, Colonel Pokrovsky will present to the Tribunal the crimes -committed in violation of the laws and customs of war relating to the -treatment of prisoners of war. - -The Count on crimes against the peaceful population of the U.S.S.R., -Czechoslovakia, Poland, and Yugoslavia will be presented by Chief -Counsellor of Justice Smirnov. - -Report on the subject of the plunder of private, public, and state -property will be made by General Shenin, State Counsellor of Justice of -the Second Class. - -Report on the plunder and destruction of cultural treasures and wanton -destruction and annihilation of towns and villages will be presented by -Raginsky, State Counsellor of Justice of the Second Class. - -State Counsellor of Justice of the Third Class Zorya will speak on the -subject of forced labor and deportation into German slavery. - -Finally, Chief Counsellor of Justice Smirnov will present the report on -the last subject, Crimes against Humanity. - -I now end my statement. - -COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): Your -Honors, Mr. President, the opening statements of the Chief Prosecutor -have dealt with the question of how fascist Germany pursued the -ideological preparation for aggressive war. - -The connection between Hitlerite propaganda and acts of aggression -against peace was also revealed in the statement of the U.S.S.R. Chief -Prosecutor. Therefore may I be allowed to quote just one short extract -from Horst von Metzsch’s book entitled _Krieg als Saat_ (_War as Seed_), -which was published in Breslau in 1934. I quote: - - “It is impossible to conceive of the National Socialist movement - without war. German soldier glory is its father; its finest - musketeer is its leader; and war’s hardy spirit is its soul.” - -That is not just a phrase dropped by a garrulous fascist penman; that is -a program which is blurted out. War, and only war, was considered by the -Hitlerite conspirators as the most effective means of attaining the -objectives of their foreign policy. It is, therefore, only natural that -Germany was turned into an armed camp and became a constant menace to -her neighbors after the fascists had seized power in the country. - -The East was the first objective of the fascist conspirators. - -In his book _Mein Kampf_—it is already at the disposal of the -Tribunal—Hitler wrote, as far back as 1930—in that document book which -is now being handed to each member of the Tribunal, you will find the -passage I am quoting from _Mein Kampf_ in Volume I, Page 1—I consider -it advisable to inform the Tribunal that for its convenience all the -passages which I shall quote are marked in red pencil. - -I quote: “The movement eastwards is continuing, even though Russia must -be erased from the list of European powers,” (Page 732, of _Mein Kampf_, -1930 edition). - -Hypocritically proclaiming her love of peace and giving all her -neighbors assurances of her intention to live in peace with them, -Hitlerite Germany merely strove to conceal her real, her ever-present -aggressive intentions. The conspirators gladly concluded any agreement -on arbitration, non-aggression, _et cetera_. They did it not because -they were really striving for peace, but with the sole intention of -waiting for a suitable moment to strike the next treacherous blow and of -lulling to sleep the vigilance of the nations. Having committed one of -their scheduled aggressive acts, they strove with still greater energy -to convince everybody that from now on they had no further aggressive -plans. A combination of hypocrisy and fraud, of treason and aggression, -ruled the entire system of German foreign policy. - -With incredible insolence the fascist conspirators violated all their -international obligations, all their international agreements, including -those which directly prohibited the use of war as a solution of -international disputes. Not one of the wars provided by the Hitlerites -can be classified under the concept of defensive wars. In every instance -the Germano-fascists acted as aggressors. They admitted, themselves, -that they did not hesitate to resort to provocation in order to have an -excuse for attacking their next victim at the most propitious moment. - -Count Two of the Indictment contains a complete list of the wars which -were provoked, prepared, initiated, and waged by the fascist -conspirators. - -The insane imagination of the Hitlerites visualized the East as a -paradise for the fascist invaders, a paradise built on the bones and -blood of the millions of people who inhabited these lands. - -Sir David Maxwell-Fyfe has informed the Tribunal that the Soviet -Delegation would submit some new evidence regarding the criminal -conspiracy against peace, and also warned you that certain repetitions -could not be avoided. While striving to reduce these repetitions to a -minimum, I wish to draw the attention of the Tribunal to some of the -documents relating to the criminal aggression of the fascist -conspirators. - -As documentary evidence I submit to the Tribunal Exhibit USSR-60 -(Document Number USSR-60), an official Czechoslovak report. It begins -with the following significant phrase—and this phrase will be found on -Page 10 of the document book, Volume I, Part 1, and is marked in red -pencil: “Czechoslovakia was an obstacle to the German ‘Drang nach Osten’ -(Drive to the East) or to the domination of Europe.” That is followed by -an analysis of the strategic and political aspects of the aggression -against Czechoslovakia. - -THE PRESIDENT: Colonel Pokrovsky, when you want to put in a document in -evidence, you will produce the original document, will you not, and hand -it to the Secretary of the Tribunal? - -COL. POKROVSKY: As I stated, this (Document Number USSR-60) is followed -by an analysis of the strategic and political aspects of the aggression -against Czechoslovakia. I quote, beginning with the second sentence of -Subparagraph (a), which for convenience is marked with a red pencil. I -quote: - - “Czechoslovakia was indeed of foremost strategic importance as a - natural obstacle and a fortress against a military drive towards - the Danube basin, and from there eastwards, across the eastern - Carpathians and along the valley of the Danube, towards the - Balkans.” - -The gist of Subparagraph (b) is that Czechoslovakia was a democratic -country; and finally Subparagraph (c) gives an analysis of -Czechoslovakia from the national point of view. I shall quote this -subparagraph as it is formulated in the report. You will find this in -Volume I, Part 1, end of Page 11 and beginning of Page 12: - - “c. From the national point of view, Czechoslovakia, as far as - the vast majority of its population is concerned, was a Slav - country, intensely conscious of the unity of all Slavs.” - -The Tribunal will remember that the annihilation of Slavism and the -destruction of democratic principles was one of the basic aims of the -fascist conspiracy. - -The Tribunal may have noticed that the methods of execution of -aggression by the Hitlerite conspirators nearly always followed the same -pattern. In all cases, lightning speed and suddenness of military attack -were considered indispensable. They endeavored to attain the element of -surprise by giving the prospective enemy treacherous and hypocritical -assurances of their sincerely peaceful intentions. Simultaneously, wide -use was made of the foul system of bribery, blackmail, provocation, -financing of various kinds of pro-fascist organizations, and using as -paid agents unprincipled politicians and downright traitors to their -respective countries. - -Mr. Alderman began his presentation of documents by giving several -examples of this nature. He told the Tribunal in detail and proved by -documentary evidence that the representatives of the so-called Slovak -autonomous movement were bought with German money—that is, one Hans -Karmazin, and the same also applies to Deputy Prime Minister Durcanski, -to the notorious Tuka, and many other leaders of the Hlinka Party. - -It was presented to you that at the beginning of March 1939, that is, -immediately prior to the day planned for the final entry of the Nazis -into Czechoslovakia, the activity of the Fifth Column reached its -climax. - -I believe I should present to the Tribunal certain facts about the -Hitlerite organizations established for the purpose of subversive -activity, and also about the part played by the SS official, Lorenz, -whose name I shall mention later on in connection with the action -against Czechoslovakia. - -Himmler, the holder of several offices, combined in his person the -position of Reichsleiter of the security units (SS) and of Reich -Commissioner for the Preservation of German Nationality (Reichskommissar -für die Festigung des deutschen Volkstums). As such, he was charged with -the leadership of all State and Party organs within Germany, which, in -turn, controlled the German settlements, the work among the -Germano-fascist minorities in other countries and the remigration of -Germans into Germany. In this field his executive apparatus was the -so-called Volksdeutsche Mittelstelle. The leader of this organization, -and therefore the actual deputy of Himmler, in this special sphere, was -SS Obergruppenführer Lorenz, who will be discussed later. - -There was also another criminal organization. I have in mind the foreign -organization of the NSDAP (Auslands-Organisation der NSDAP), abbreviated -to AO. It played an important part in creating the Fifth Column in -countries which were later subjected to Hitlerite aggression. - -AO united such Germans who were members of the Nazi Party living outside -Germany. Apart from the wide propaganda of fascism, AO was engaged in -political and other kinds of espionage. Germans living in other -countries received material help through AO and maintained contact with -various pro-German and espionage groups of the country in which they -lived. - -The sub-branches of the Hitlerite party abroad were under the guidance -of German diplomatic missions. For this purpose the leader of AO, -Gauleiter Ernst Wilhelm Bohle, was installed in the Ministry of Foreign -Affairs with the rank of State Secretary. - -There are several appendices to the official Czechoslovak report. One of -them is registered under Document Number 3061-PS. It contains excerpts -from the testimony of Karl Hermann Frank, former deputy of the Reich -Protector. I submit this document to the Tribunal and, without reading -it in its entirety, I wish to refer briefly to those parts of the -document which deal with question of the Fifth Column. - -At the interrogation of 9 October 1945—the Tribunal will find the -passage quoted in Volume I, Part 1, Page 185 of the document book—Frank -declared that in his opinion the Henlein Party received money from -Germany from 1936 onwards. In 1938 it received funds from the so-called -Volksdeutsche Mittelstelle in Berlin, through the German Minister in -Prague. Frank confirmed that, together with Henlein, he several times -visited the German Minister in Prague, who handed him and Henlein money -for the Party. Frank admits that the acceptance of this money was -incompatible with the duties of a Czechoslovak citizen. Frank further -admitted that he visited the German Legation in Prague several times, -alone, informed the German Minister of the inner political situation in -Czechoslovakia and thus, considering the character of the information -communicated, committed high treason. - -Frank testifies—what I am now quoting will be found in Volume I, Part -1, Page 187: - - “All negotiations in the summer of 1938 between Henlein and - myself on the one hand, and the Reich authorities, in particular - Adolf Hitler, Hess, and Ribbentrop on the other hand, were - conducted for the purpose of providing the Reich authorities - with information on the development of the political situation - in Czechoslovakia. These discussions took place on the - initiative of the Reich authorities.” - -I have quoted this excerpt from Page 5 of the Russian translation, -Document Number 3061-PS. - -On Page 188 of your document book you will find another excerpt which I -shall now submit to you. Frank confesses that he was aware of “the -treason committed by the Party and its central leadership corps by -receiving money from abroad for effecting measures inimical to the -State.” - -The so-called Henlein Free Corps (Sudeten Freikorps) was established in -Bohemia and Moravia. During the interrogation of 15 August 1945, Karl -Hermann Frank testified that Henlein and his staff were in Tandorf -Castle near Reuch. Henlein himself was the chief of staff of the corps, -which bore the title “Freikorps Führers.” According to Frank the Free -Corps was established by Hitler’s order. Part of that corps which was in -the territory of the German Reich was equipped with small arms in small -quantities, as stated by Frank. According to him, the Free Corps -consisted of about fifteen thousand people, chiefly Sudeten Germans. We -find this information on Page 3 of the Russian translation of Document -Number 3061-PS. In your book it is Page 185 of Volume I, Part 1. - -Among the trophies collected by our heroic Red Army are the archives of -the German Ministry for Foreign Affairs. The Soviet Delegation has at -its disposal new documents which I consider advisable to read in part in -order to supplement the data previously submitted to the Tribunal. They -are particularly interesting, if we bear in mind that one of the -favorite pretexts for aggression of the Hitlerite conspirators was their -intention to protect the interests of the German minorities. - -I shall read an excerpt from the top-secret minutes of the meeting held -in the Ministry for Foreign Affairs at noon, 29 March 1938 in Berlin -especially on the subject of the Sudeten Germans. I shall refer to our -Document Number USSR-271. You will find this passage on Page 196, Volume -I, Part 1. I quote: - - “The conference was attended by the gentlemen mentioned in the - attached list: In his opening address the Reich Minister - emphasized the importance of keeping this conference strictly - secret and later, referring to the Führer’s instruction which he - had personally given to Konrad Henlein yesterday afternoon, he - stated that there were primarily two questions of importance to - the political guidance of the Sudeten German Party. - - “1) The Sudeten Germans must know that they are backed by a - German nation of 75 million inhabitants who will not tolerate - any further oppression of the Sudeten Germans by the Government - of Czechoslovakia. - - “2) It is the responsibility of the Sudeten German Party to - submit to the Czechoslovak Government those demands the - fulfillment of which it considered necessary to achieve the - liberties it desired.” - -THE PRESIDENT: Colonel Pokrovsky, I am sorry to interrupt you but it is -not quite clear, on the translation that has come through, whether you -have deposited the original of this document and have given it an -exhibit number, that is, if it has already been put in. - -COL. POKROVSKY: All the documents presented by the Soviet Delegation are -submitted by us to the Tribunal in Russian and they are then handed for -translation to the international translators’ pool, which is charged to -serve the Tribunal with translation into all the other languages. This -document is referred to by me in precise correspondence with its -registration number—our Number USSR-271. - -THE PRESIDENT: If the original document is not in Russian, it must be -deposited with the Tribunal in its original condition. I do not know -what the document is. It is about a conference, apparently, and I -suppose the original is in German. - -COL. POKROVSKY: The original document is in German. - -THE PRESIDENT: If that is so, we would like to see the original in -German. - -COL. POKROVSKY: The photostatic copy of the original document, in the -German language, is at present at the disposal of the Tribunal. May I -continue? - -THE PRESIDENT: One moment. Is this the original? - -COL. POKROVSKY: It is a photostat. - -THE PRESIDENT: I am afraid that we must insist upon having the original. - -COL. POKROVSKY: The original document is at the disposal of the Soviet -Government and, if the Tribunal wishes, it can be sent for and presented -to the Tribunal a little later. The photostat is certified. - -THE PRESIDENT: I am afraid we must have the original documents. After -the original documents have been produced and exhibit numbers given to -them, they will remain in the hands of the Tribunal. Of course, the -subject of the translations is quite a different one, but for the -purpose of insuring that we get really genuine evidence we must have the -originals deposited with the General Secretary. - -COL. POKROVSKY: I note the wish of the Tribunal and we shall give -instruction for the original documents to be submitted to the Tribunal, -although in this case we have followed the established precedent where -the Tribunal considers it sufficient to accept the certified photostats. -We can submit the original, but we shall have to do it somewhat later, -as not all the requisite material is in Nuremberg at the present time. - -THE PRESIDENT: Yes, so long as you undertake to do it. But I do not -think you are right in saying that it is the practice that has been -already established, because we have been demanding the production of -the original document from the French prosecutors, and they have been -produced. - -COL. POKROVSKY: We shall take the necessary measures so that the -Tribunal will receive, although of course somewhat later, all the -original documents from which the present photostats were taken. May I -now continue? I now continue the quotation. . . . - -THE PRESIDENT: Colonel Pokrovsky, I imagine that you will be able to -produce tomorrow the originals of the documents which were referred to -today. - -COL. POKROVSKY: I cannot promise that, because not all the originals are -here. A considerable part of these documents are unique and consequently -not kept in Nuremberg. Here we keep only a certain part of the -originals. All that I can do is to submit, in the future, the originals -at our disposal. Those which we do not have here we shall request the -Soviet Government to send over in exchange for the photostats. This we -can do. - -THE PRESIDENT: I think the Tribunal had better adjourn for the purpose -of considering this matter. - - [_A recess was taken._] - -THE PRESIDENT: The Tribunal has considered the matter of the deposition -of original documents, and they wish the following procedure to be -adopted: - -In the first place, they want original documents deposited with the -General Secretary of the Tribunal, wherever possible. Secondly, where it -is impossible for original documents to be deposited, or highly -inconvenient, they will accept photostat copies of the original -documents, provided that a certificate accompanies the photostat -document that it is a true copy of an original document, and that the -original is an authentic document, giving the origin of the original -document and the place of its present custody. Thirdly, they will accept -photostat copies for the present, on the undertaking of counsel that -certificates, such as I have indicated, will be furnished as soon as -possible. - -Is that clear, Colonel Pokrovsky? - -COL. POKROVSKY: I would ask the Tribunal to explain one point to me. Do -I understand that the Tribunal only confirms its former decision and -practice, which was established in connection with the presentation of -the document in evidence by my American and British colleagues, or is it -something new that the Tribunal is introducing? I am asking this because -a similar document to the one which caused the interruption in my -presentation today has already been accepted as a photostat in the same -Trial under Exhibit Number USA-95 or Document 2788-PS. Therefore, it is -not quite clear to me whether I am dealing with a new decision or with -the confirmation of an old practice. - -THE PRESIDENT: I think what you have stated is true, that this -particular document does not appear to have any certificate that it is a -true copy. But the Tribunal expects that the United States will produce -such a certificate that it is a true copy of an authentic document and -will state the origin and the custody of the original document. - -COL. POKROVSKY: Pray forgive me, but I consider that the question which -I wish to elucidate is of equal interest to all the prosecutors. Am I, -and with me all the representatives of the Prosecution, to understand -the decision of the Tribunal to mean that we are to present -supplementary documentation in support of all photostats, including the -photostats previously accepted by the Tribunal, or does it only refer to -documents which the Soviet Delegation will present in the future? - -THE PRESIDENT: If a document had been accepted in photostatic form and -there has been no certificate that it was a true copy of an authentic -document, then such a certificate must be given. And we desire that the -certificate should also show that the document was authentic, and the -place of its present custody. And that applies equally to all the chief -prosecutors. - -COL. POKROVSKY: Now, I understand that the Tribunal is confirming its -former practice which means that we can present a photostat, but that -they must be certified and that the originals should be presented -whenever possible. Have I understood you correctly? - -THE PRESIDENT: Yes, we desire originals, if possible. If it is -impossible or if it is highly inconvenient, then we will accept -photostats. And in the meantime, and for your convenience—because this -practice has not been perhaps adequately stated before—we will accept -photostat copies without certificate, on your undertaking that you will -have the certificate later on. Is that clear? - -COL. POKROVSKY: I understand. The former practice will continue in -operation. - -If the Tribunal will permit me, I shall draw your attention to the -paragraph the misunderstanding about which led to the interruption of my -presentation. I have in mind the three last lines of Page 196 of the -document book before you: - - “The final aim of the forthcoming negotiations between the - Sudeten German Party and the Czechoslovakian Government is to - avoid entering the Government by widening the scope of their - demands and by formulating them with ever-increasing precision. - In the course of negotiations it must be pointed out very - clearly that the sole partner in these negotiations with the - Czechoslovakian Government is the Sudeten German Party, and not - the Reich Government. . . .” - -Now I can omit a few lines and go on to Page 199: - - “. . . for purposes of further collaboration Konrad Henlein was - advised to maintain the closest possible contact with the Reich - Minister and with the leader of the Volksdeutsche Mittelstelle, - as well as with the German Minister in Prague, who was - representing the Reich Foreign Minister there. The task of the - German Minister in Prague was to uphold, unofficially, the - Sudeten German Party’s demands, especially in private - discussions with Czechoslovakian statesmen, by referring to them - as reasonable, but without exerting any direct influence on the - scope of the Party’s demands. - - “Finally, the question of the advisability of the Sudeten German - Party’s collaboration with the other national minorities in - Czechoslovakia, especially with the Slovaks, was discussed. The - Reich Minister decided that ‘the Party should be given a free - hand to contact the other national groups with activities of a - parallel nature which might be considered useful. Berlin, 29 - March 1938.’” - -Mr. President, Your Honors, you will find on Page 200, Volume I, Part 1 -of the document book, a list of those present at the conference of 29 -March 1938, in Berlin. The part which I shall quote is marked with a red -pencil: - - “Reichsminister Von Ribbentrop, State Secretary Von Mackensen, - Ministerialdirektor Weizsäcker, Minister Plenipotentiary to - Prague Eisenlohr, Minister Stiebe, Legationsrat Von Twardovsky, - Legationsrat Altenburg, Legationsrat Kordt (Ministry of Foreign - Affairs). Others of the group were SS Obergruppenführer Lorenz, - Professor Haushofer (Volksdeutsche Mittelstelle), Konrad - Henlein, Karl Hermann Frank, Dr. Kuenzel, Dr. Kreisel (Sudeten - German Party).” - -It is not difficult to draw the correct conclusions as to the genuine -intentions of the fascist conspirators with respect to Czechoslovakia, -if only from the sole fact that among those attending the conference -were such people as the Defendant Ribbentrop, two ministers, two -representatives of the so-called Volksdeutsche Mittelstelle, including -one Obergruppenführer of the SS, the prospective Secretary of State of -the Czecho-Moravian Protectorate, Karl Hermann Frank, and the leader of -the so-called Sudeten German Party, Konrad Henlein, a paid _factotum_ -and _agent provocateur_ of Hitler. - -German diplomatic missions directed the activities of Nazi Party -branches abroad. For this purpose the leader of the AO, Gauleiter Ernst -Wilhelm Bohle, was appointed State Secretary in the Ministry for Foreign -Affairs. - -On 3 June 1938 two documents were prepared by SS-man Lorenz, a -participant of the conference to which I have just called the attention -of the Tribunal. I shall read both of them. The first one, referring to -the interview with Ward Price, indicates that Henlein was under the -direct control of the SS, and it was to the SS that he was responsible -for his activities. This document also contains the direct threat to -resort to a “radical operation” in order to bring about the solution of -the so-called Sudeten German problem. - -I will read this short document into the Record under Document Number -USSR-270 in full; it is on Page 202, Volume I, Part 1, of the document -book: - - “Regarding the interview with Ward Price which appeared in the - foreign press, SS Obergruppenführer Lorenz requested an - explanation from Henlein. Henlein stated about as follows: - - “Ward Price was present at the burial of those executed in the - town of Eger. He asked Henlein’s collaborator, Sebekovsky, to - arrange a meeting with Henlein for him. Henlein knew of the - interview given by the Führer to Ward Price. He had a talk with - Ward Price over a cup of tea. There was no real interview. The - conversation about the Sudeten German and the Czech problems - took the form of a talk about appendicitis. In this connection - Henlein said that one could suffer chronic attacks of - appendicitis, but the best thing was a radical operation. Later - on, when Ward Price published an account of this conversation, - Henlein intended to disavow him. But at that moment, an order - came through the Legation in Prague from the Minister of Foreign - Affairs, that Henlein should settle the matter with Ward Price - amicably, since the latter was in the Führer’s confidence and - was in no way to be insulted by Sudeten Germans. When Henlein - met W. P. again, he backed out, putting the blame on the members - of the Sudeten German Party. For this reason, he wrote a letter - to W. P., thus settling the matter. Lorenz.” - -The second document, which is on Page 203, which is our Document Number -USSR-268, shows that, upon direct orders of the SS and the leaders of -the Hitlerite conspiracy, Henlein negotiated with the Czech Government -for the settlement of the Sudeten German question solely to create a -provocation, and that these negotiations were closely followed by the -leaders of the fascist conspiracy who guided Henlein’s further steps. - -I would now like to quote from that document: - - “In his conversation with SS Obergruppenführer Lorenz, Henlein - put the following question: ‘What shall I do if Czechoslovakia, - under foreign pressure, suddenly fulfills all my demands and as - counterdemand asks me to enter the Government?’ - - “It was quite clear that this question at that moment would not - be acute, and that further lengthy and painful negotiations were - inevitable. Nevertheless he asked for instructions on his - possible line of action regarding this problem, in case he were - not able to communicate with Germany. - - “He himself suggested the following: If Czechoslovakia accedes - to all my requests I will answer, ‘Yes,’ but I will insist upon - the change of its foreign policy. This the Czechs would never - accept. Henlein was promised that this question would be - elucidated by the Minister of Foreign Affairs. Lorenz.” - -A very brief excerpt from a top-secret document of state. . . . - -THE PRESIDENT: Isn’t it time to break off? It is now a quarter past 5. - - [_The Tribunal adjourned until 9 February 1946, at 1000 hours._] - - - - - FIFTY-FIFTH DAY - Saturday, 9 February 1946 - - - _Morning Session_ - -COL. POKROVSKY: May I continue with my statement? - -THE PRESIDENT: Yes, please. - -COL. POKROVSKY: The end of the session prevented me yesterday from -quoting a brief excerpt from a very secret, a very important state -document, dated 22 September 1938. I propose to begin today’s work as -from this point, and to read into the record the first six lines of the -document submitted as Exhibit Number USSR-267 (Document Number -USSR-267), which you will find, Your Honors, in Volume I, Part 1, Page -202 of your document book. This brief excerpt shows with absolute -clearness the questions about the meaning of the so-called -Sudetendeutsche Freikorps, the existence of which was briefly referred -to in former sessions. - -I quote the first six lines from notes made after a telephone -conversation which took place in Berlin between one of the leaders of -the so-called Volksdeutsche Mittelstelle and the Government in Berlin, -at 1900 hours on 22 September 1938. Permit me to read these six lines -into the record: - - “Herr Schmidt, from the Volksdeutsche Mittelstelle, telephoned - at 1900 as follows: - - “The Command of the Sudetendeutsche Freikorps has just - communicated the following: - - “First Lieutenant Köchling transmitted the following Führer - order: ‘Freikorps has to carry out the occupation of regions - evacuated by the Czechs. Large-scale operations, however, may be - executed only with the Führer’s personal approval.’” - -The rest of this document, signed by Von Stechow, is of no interest and -I will not read it into the record. - -As far as I can judge, the minutes of Hitler’s reception of the Czech -Minister for Foreign Affairs, Chvalkovsky, on 21 January 1939—that is -shortly before the complete occupation of Czechoslovakia—are of great -interest. Hitler’s mendacious and pompous statements with respect to the -independence of small nations, statements recorded in the document I am -about to quote, are characteristic of his perfidious tactics. - -The document which I am going to read into the record as Exhibit Number -USSR-266 (Document Number USSR-266) you will find, Your Honors, on Page -203, Part 1 of Volume I of our document book: - - “Chvalkovsky began by thanking the Führer for having done his - country the honor of receiving the Minister for Foreign Affairs - twice within 3 months. He had come here to inform the Führer - that he had strictly fulfilled the promise made to him on 14 - October although this had cost him a very great deal of - trouble. . . . - - “The Führer thanked him for his statements. The foreign policy - of a people is determined by its home policy. It is quite - impossible to carry out a foreign policy of type ‘A’ and at the - same time a home policy of type ‘B.’ It could succeed only for a - short time. From the very beginning the development of events in - Czechoslovakia was bound to lead to a catastrophe. This - catastrophe had been averted thanks to the moderate conduct of - Germany. - - “Had Germany not followed the National Socialist principles - which do not permit of territorial annexations the fate of - Czechoslovakia would have followed another course. Whatever - remains today of Czechoslovakia has been rescued not by Beneš, - but by the National Socialist tendencies.” - -I omit a few sentences and continue: - - “For instance, the strength of the Dutch and Danish armies rests - not in themselves alone but in realizing the fact that the whole - world was convinced of the absolute neutrality of these states. - When war broke out, it was well known that the problem of - neutrality was one of extreme importance to these countries. The - case of Belgium was somewhat different, as that country had an - agreement with the French General Staff. In this particular case - Germany was compelled to forestall possible eventualities. These - small countries were defended not by their armies but by the - trust shown in their neutrality.” - -You will find a further part of this quotation on Page 207: - - “Chvalkovsky, backed by Mastny, again spoke about the situation - in Czechoslovakia and about the healthy farmers there. Before - the crisis, the people did not know what to expect of Germany. - But when they saw that they would not be exterminated and that - the Germans wished only to lead their people back home, they - heaved a sigh of relief. - - “World propaganda, against which the Führer had been struggling - for so long a time, was now focused on tiny Czechoslovakia. - Chvalkovsky begged the Führer to address, from time to time, a - few kind words to the Czech people. That might work miracles. - The Führer is unaware of the great value attached to his words - by the Czech people. If he would only openly declare that he - intended to collaborate with the Czech people—and with the - people, themselves, not with the Minister for Foreign - Affairs—all foreign propaganda would be utterly defeated. - - “The Führer concluded the conversation by expressing his belief - in a promising future.” - -These notes are signed by Hewel. - -It would now be opportune to refer once again to a document which has -already been mentioned in the Tribunal. I mean a so-called top-secret -document, for officers only, of the 30th of May 1938. It bears the -number OKW 42/38, and under Document Number 388-PS has already been -presented to the Tribunal by my honorable colleagues of the United -States Delegation. The Chief Prosecutor of the U.S.S.R. likewise -referred to this document in his opening statement. - -Formulating the gist of the fascist conspiracy against Czechoslovakia, -Hitler announced that it was his irrevocable decision to defeat -Czechoslovakia in the immediate future and by one single military -operation. He divided his task into two parts: political and military. -Then, with his characteristic and unbounded cynicism, he declares—his -quotation is to be found on Page 209 of Volume I, Part 1 of the document -book: - - “The most favorable, both from the political and military - standpoint, would be a lightning blow to be delivered under the - pretext of some incident which will provoke Germany to abrupt - action. . . .” - -The document bears Hitler’s signature. Such was the authentic program of -Hitler and his accomplices concerning Czechoslovakia, drawn up for a -long time in advance of the day when Chvalkovsky requested that criminal -“to address from time to time a few kind words to the Czech people.” - -Even if in his public utterances Hitler sometimes used what Chvalkovsky -called “kind words,” the line of the actual relations was developing in -an entirely different direction. But even this is not all. We shall -postpone the question of the provocative incident until the end. - -The notes to the report on Fall Grün of 24 August 1938 have already been -read into the record in the most important part, as Document Number -388-PS. Here are two additional paragraphs which should be read. Your -Honors will find on Page 214 of Volume I of the document book: - - “Fall Grün will start with the creation of an incident in - Czechoslovakia which will give Germany a pretext for military - intervention. - - “It is of the greatest importance to fix the exact day and hour - for staging the incident. - - “This incident must be provoked under weather conditions - favorable for our superior air force in carrying out the - operation and it should be timed in such a way that the - respective notification should authentically reach us by midday - of X-1 Day. This will enable us to follow it up immediately by - issuing the order X, on X-1 Day, at 1400 hours.” - -The document concluded as follows—see Page 215 of your document book: - - “The purpose of these statements is to show how greatly - interested the Armed Forces are in the incident, and that they - should know well in advance the intentions of the Führer, - inasmuch as the organization of the incident will be entrusted, - in any case, to the Abwehr.” - -The document is signed by Jodl. These are not mere words. This is a plan -of infamous provocation; a plan which, as we already know, has been -carried into effect. - -Document Number 388-PS has already been accepted by you as evidence -presented by the Delegation of the United States. I should like only to -stress one point: The murderers and invaders not only develop in cold -blood the plans of their crimes but are also anxious to put them into -effect under the most advantageous conditions possible for themselves. -They need fine weather and at least 24 hours for the final preparation. -Moreover, they need an incident, provoked by themselves, to justify -their foul crimes in the “eyes of at least some part of the world -community.” This latter fact demonstrates that the Hitlerites themselves -were perfectly aware of the criminality of their actions. - -In passing, I wish to draw your attention to one point: OKW bears direct -responsibility for the criminal character of these actions. They cannot -plead, “We know not what we did.” The _agents provocateurs_ and -aggressors, in the uniform of the highest ranks of the German Army, were -the first to name themselves _agents provocateurs_ and aggressors. - -Finally, I have to inform the Tribunal that one of the ultimate aims of -the fascist invasion of Czechoslovakia was the liquidation of this -historically constituted Slav state. - -On Page 36 of the official report of the Czechoslovak Government, the -original of which was submitted to you yesterday, we can read the -following quotation from a statement made by Hitler in the summer of -1932 in the presence of Darré, Rauschning, and other high fascist -officials. I shall quote this excerpt, which is on Page 38 of the Volume -I, Part 1 of your document book: - - “The Bohemian-Moravian Basin . . . will be colonized with German - peasants. We shall transplant the Czechs to Siberia or the - Volhynian district. They must get out of Central Europe. . . .” - -This statement by Hitler is quoted in the Czechoslovak report from -Rauschning’s book _Hitler Speaks_, Page 46. - -I consider it necessary to read into the record a passage from the -Czechoslovak report, which immediately follows the above-mentioned -quotation—Page 36 of the Russian translation, the last paragraph at the -end of the page. You will find this quotation on Page 39, Volume I, Part -1 of the document book, in the last paragraph of this page: - - “This criminal plan was approved by Karl Hermann Frank, - Secretary of State of the Reich Protector in Prague from 17 - March 1939 and Minister of State in Prague from 1943, known to - the world as the Butcher of Lidice. Interrogated on this point - by Colonel Ecer, in Wiesbaden on 29 May 1945, Frank declared: - - “‘The plan for the evacuation of the Czech people to the East, - as mentioned above and decided in Party circles, roughly - coincides with the passage quoted.’” - -The Defendant Neurath was Reich Protector for Bohemia and Moravia from -17 March 1938 to 28 September 1941. He did much to destroy -Czechoslovakia as a state entity. - -Appendix 1 to the Report of the Czechoslovak Government reads as -follows—you will find this extract on Page 167 of Volume I, Part 2 of -the document book: “The Reich Protector was the highest of the Reich -authorities, agencies, and officials in the Protectorate.” The Defendant -Neurath must not escape responsibility for these crimes. - -My colleagues of the Soviet Delegation will submit evidence to show the -Tribunal the upheaval in the life of the work-loving Czech people, from -the moment that the Hitlerite aggressors began to put into practice -their plan for the destruction of Czechoslovakia as a state entity. - -When we turn to the material concerning the aggression against Poland, -we find there many features in common with the crimes of the -conspirators directed against Czechoslovakia. - -THE PRESIDENT: Colonel Pokrovsky, I think it is only a mistake in the -translation into English, but it is stated in our copy that the -Defendant Neurath was Reich Protector for Czechoslovakia and Moravia -from the 17th of March 1938. No doubt you said 1939. Did you? - -COL. POKROVSKY: I am afraid that what I said was not quite correctly -heard. I said from 17 March 1938 to 28 September 1941. - -THE PRESIDENT: It should have been 1939, should it not? - -COL. POKROVSKY: Yes, if I am not mistaken, that would be correct. - -I take the liberty of repeating that when studying the documents with -regard to the aggression against Poland, we find there many features in -common with the crimes which the conspirators committed against -Czechoslovakia. I have in mind the systematic violation of treaties and -solemn declarations, false assurances, the creation of a paid Fifth -Column organized on a military footing, and the sudden infliction of a -treacherous blow. This can be proved by a whole series of documents. - -An official report of the Polish Government contains a detailed list of -the treaties violated by the conspirators. We submit the document to the -Tribunal under Exhibit Number USSR-93 (Document Number USSR-93). -Inasmuch as we are concerned with the facts of common knowledge and of -those already commented on in the opening statements of the prosecutor, -I beg the Tribunal to take judicial notice of this part of the Polish -report without further proof, namely of the first two articles of the -Count “Crimes against Peace.” - -I wish to read into the record four lines from Paragraph 3 of this Count -which begins on Page 219 of your document book. This concerns the -Polish-German declaration of 26 January 1934: - - “Both governments are convinced that the relations between their - respective countries will in this manner develop fruitfully and - lead to the establishment of neighborly relationships which will - contribute to the well-being not only of both their countries, - but of the other peoples of Europe as well.” - -The Defendant Von Neurath signed this declaration on behalf of Germany. - -I now deem it necessary to read into the record an excerpt from a -declaration made by the Defendant Göring during his visit to Warsaw on -16 February 1937, which is contained in the report of the Polish -Government. You will find this excerpt which I want to quote, on Page -220, Volume II, Part 1 of the document book. Göring made this -declaration to the representatives of the Polish Government. I quote: - - “On the German side, there is no desire whatever to deprive - Poland of any part of her territory. Germany is completely - reconciled to her present territorial status. Germany would not - attack Poland and has no intention of seizing the Polish - Corridor. We do not want the Corridor. I say sincerely and - categorically that we do not need the Corridor. Just as Germany - trusts and believes that Poland has no intention of seizing - Eastern Prussia and the remaining part of Silesia, so can Poland - believe that Germany has no intention of depriving her of any - rights and possessions.” - -I think that Paragraph 6 of the Polish official report also deserves to -be read in full. This paragraph is on Page 220 of your document -book—Point 6: - - “On 5 November 1937 the Polish and German Governments issued - identical declarations concerning the treatment of minorities. - The declaration concludes with the following passage: - - “‘The above principles should in no way affect the duties of the - minorities of complete loyalty to the state to which they - belong. They have been inspired by a desire to secure for the - minorities equitable conditions of life and harmonious - collaboration with the nationals of the state in which they - live—a state of affairs which will contribute to the - progressive strengthening of the friendly and good-neighborly - relations between Poland and Germany.’” - -On 2 September 1939 Polish antiaircraft units brought down a German -aircraft near Posen. A secret order issued by the Wehrmacht was found on -the pilots. It contained, among others, the following sentence—this -quotation you will find on Page 224, Volume I, Part 2 of the document -book: “Reservists of German race should attempt to avoid being mobilized -in the Polish Army and should join the German Army.” - -Then follows the detailed enumeration of insignia by which all people -“who assist the German Army” would be recognized. The order states that -they will be supplied with—I quote one paragraph as it is stated in the -original Polish report on the same page, that is 224: “2. For -weapons—pistols of type Numbers 14 and 34 and also, in certain cases, -with grenades of the Czech type.” It is quite obvious that the latter -was done for the purpose of provocation. The order bore the signature of -“Major Reiss.” - -Inasmuch as this fact is ascertained in the manner provided for by -Article 21 of the Charter, I request you to accept the fact stated by me -as evidence. - -I wish to submit to the Tribunal one more excerpt from Exhibit Number -USSR-93. The part quoted is on Page 7, Paragraph 23 and it bears the -customary red pencil mark used in our work for convenience. You will -find that quotation on Page 223, Volume I, Part 2 of the document book: - - “Evidence gathered by the Polish Army in the course of the - campaign of September 1939 indicates the following: - - “a) As regards the diversionist activities in southwestern - Poland, those activities were organized beforehand and were only - carried out by agents dropped by parachutes. German espionage - was organized by special emissaries posing as travelling - teachers who trained spies and diversionists. Every year a - number of young Germans would leave every German colony to - proceed to the Reich. There they received special training, and - upon their return to Poland, did penance. They contacted the - local authorities, told them about cruelties of the Nazi and - expressed their joy at having returned to their ‘dear homeland.’ - But these same Germans retained constant contact with their - agents in Germany and supplied them with information either by - mail or through the travelling teachers. - - “b) Besides the agents who were recruited among the young people - and appointed to collaborate with the German section of the - population, there also existed a group of leaders and - instructors, consisting of officers who were supplied with - regular passports and who came to Poland long before the - outbreak of hostilities.” - -Thanks to evidence discovered in the course of investigation, the Polish -Government has ascertained that the main diversionist nucleus consisted -of Hitler Youth groups known as the Hitler Jugend. The Defendant -Schirach was, as we know, the leader of this fascist organization. - -In Paragraph 21 of our Exhibit USSR-93, we find information on this -subject, which deserves to be read into the record. Volume I, Part 2, -Page 223. - -Here are the details relating to the organization of the system of -diversionist activities: - - “a) The agents were recruited mainly from among the groups of - young people known as the Hitler Jugend, and also among men and - women, mainly of German nationality, who were recruited in - Poland. - - “b) Special courses, lasting from 2 weeks to 3 months, were - organized for these agents on Reich territory. - - “c) The members of these courses were split up into two - categories. The first consisted of individuals possessing a - thorough knowledge of the Polish language who were entrusted - with special missions to be carried out in the rear of the - Polish Army. The second category consisted of individuals who - were to mingle with the crowds of Poles fleeing from the war and - the air-raids. - - “d) Shortly before the war the students went through an - additional course of instruction in special camps where they - were assigned to ‘districts for diversionist activities.’” - -And now I shall turn to the documents, demonstrating the falsehood and -hypocrisy of other declarations made by the Hitlerite conspirators on -international questions concerning Poland. For this purpose, I shall -quote Paragraphs 7, 8, and 9 of the section entitled “Crimes against -Peace,” again our Exhibit Number USSR-93. These would be the last -paragraphs on Page 4 and the top of Page 5 of the Russian text: In your -document book these quotations are marked on Page 220 of Volume I, Part -2, and on Page 221. I shall announce it when I pass on to Page 221. - - “Paragraph 7: On 5 November 1937 the then Polish Ambassador was - received by Hitler in the presence of the Defendant Von Neurath. - On this occasion Hitler declared: - - “‘There will be no changes in the legal and political status of - Danzig. The rights of the Polish population in Danzig will be - respected. The rights of Poland in Danzig will not be violated.’ - - “Twice on this occasion, Hitler repeated with pathos, ‘Danzig - ist mit Polen verbunden (Danzig is bound to Poland).’ - - “Paragraph 8: The first hints of the changes in the status of - Danzig were made by the Defendant Ribbentrop on 25 October 1938. - He hinted at the incorporation of Danzig in the Reich in - exchange for an extension of the German-Polish pact for 25 years - and a guarantee of the German-Polish frontiers. Poland was to - keep the Danzig railroads and to retain economic facilities in - return for her assent to the building of an ex-territorial - Autobahn and a railroad through Pomerania. - - “This proposal was rejected. - - “Paragraph 9”—this is Page 221, Volume I, Part 2 of the - document book.—“Later on, during his visit to Warsaw, the - Defendant Ribbentrop assured the Polish Government that there - would be no _fait accompli_ on the territory of the Free - City—25-27 January 1939.” - -It is known that during the last months preceding 1 September 1939 -concentrations of German mobilized military forces were carried out. -Border clashes then took place. I think that the cause of these clashes -will become quite obvious after I have read into the record the notes on -Fall Grün, Document Number 388-PS, signed by Jodl. - -On 15 April 1939 the late President of the United States of America, -Franklin Delano Roosevelt, made an appeal to the world and to the -leaders of Germany and Poland with a view to preventing further -complications in Europe. - -On 28 April and 5 May 1939 the Polish Government proposed to the -Government of Hitler Germany a practical solution for the problem of the -Free City of Danzig. - -On 23 August 1939 the King of Belgium addressed to the world a radio -appeal for peace. - -On 24 August 1939 the President of the United States of America appealed -once again to the leaders of the Reich and Poland. - -The Polish Ambassador in Berlin, acting on the advice of the British -Ambassador in Warsaw, had a conference with Ribbentrop on 31 August. - -I should like to quote two paragraphs, 18 and 19, of Exhibit Number -USSR-93, marked with red pencil on Page 6 of the Russian original; in -your document book they are found on Page 222, Volume I, Part 2: - - “18. The German note stating the conditions for the settlement - of the conflict with Poland was broadcast over the German radio - on 31 August 1939, at 9 p.m. This note, however, was not handed - to the Polish Ambassador until the evening of 1 September 1939. - This was a few hours after German Armed Forces, both from the - air and the land, were in the process of seizing Polish - territory, in the early hours of 1 September 1939. - - “19. In this way Germany attacked Poland in violation of her - international assurance, without a previous declaration of war - and at a time when her actions had convinced the Polish - Government that further negotiations between the two countries - were pending, with a view to arriving at a peaceful settlement - of this dispute.” - -I have at my disposal the original document concerning the Danzig -question, found by the Red Army in the archives of the German Ministry -for Foreign Affairs. I present it to the Tribunal as Exhibit Number -USSR-185 (Document Number USSR-185), and I must inform you that acting -upon a request formulated yesterday, we have added to the photostat copy -already on our files, the original copy of this highly important -historical document. It has now been placed at the disposal of the -Tribunal. - -On the first page you will see a telegram form, which proves that on 1 -September 1939 at 5 a.m. a telegram was handed in at the telegraph -office at Danzig; this telegram, registered as Number 0166, consisted of -202 words and was addressed to the Führer and Reich Chancellor in -Berlin. On the second page you will see the text of this telegram of 202 -words, which bears the seal of the Gauleiter of the Nazi Party in -Danzig. I take the liberty of reading to you these 202 words which form -a part of the history of the fascist conspirators’ Crimes against Peace: - - “Telegram to the Führer. - - “My Führer: - - “I have just signed, and by this act have put into force, the - following basic state law providing for the reunion of Danzig - with the German Reich: - - “Basic state law of the Free City of Danzig of 1 September 1939, - concerning the reunion of Danzig with the German Reich. - - “For the purpose of relieving the dire needs of the people and - the state of the Free City of Danzig, I promulgate the following - basic state law: - - “Article I: - - Hereby the Constitution of the Free City of Danzig is - immediately abrogated. - - “Article II: - - Legislative and executive power will, in the future, be - exercised exclusively by the Chief of State. - - “Article III: - - The Free City of Danzig, together with its territory and - population, immediately becomes an integral part of the German - Reich. - - “Article IV: - - Until the definite decision about the introduction of the Law of - the German Reich by the Führer, all the laws, the Constitution - excepted, in force at the moment of the promulgation of the - present basic law, remain in force. - - “Danzig, 1 September 1939. Signed: Albert Forster, Gauleiter. - - “I beg you, my Führer, on behalf of Danzig and of its - population, to approve this basic state law and to confirm by - Reich statute the reunion with the German Reich. - - “Danzig enthusiastically extends to you, my Führer, a feeling of - endless gratitude and eternal devotion. - - “Heil to you, my Führer. Albert Forster, Gauleiter.” - -And now that the documents which establish the actual line of conduct of -the fascist conspirators with regard to Poland have been submitted to -the Tribunal, it seems to me opportune to refer, be it only summarily, -to excerpts from Fall Weiss as well as from the statements and -pronouncements by Hitler and Ribbentrop, after which I shall read into -the record a new document, which is Exhibit Number USSR-172 (Document -Number USSR-172). This document represents the secret notes by Bormann -concerning a conversation on Poland which took place in Hitler’s -apartment on 2 October 1940. - -On 30 January 1934 Hitler made a speech in his capacity of Chancellor of -the Reich. It concerned a number of problems, including relations with -Poland. There is no need to quote it in detail. At present, only two or -three sentences can be of interest to us. I quote excerpts from Document -Number TC-70: - - “. . . It seems to me that we must show, by a concrete example, - that disagreements, however indisputable, need not prevent the - finding of a _modus vivendi_ which would serve usefully the - cause of peace as well as the welfare of both nations.” - -I shall now skip several paragraphs and quote one of the concluding -sentences. . . . - -THE PRESIDENT: Colonel Pokrovsky, it is pointed out to me, and I -intervene for the purpose of getting the record correct, that the -document is dated not the 30th of January 1934, but 30 January 1943. Do -you agree with this? - -COL. POKROVSKY: In my report I see the date 30 January 1934. - -THE PRESIDENT: That is right, yes. - -COL. POKROVSKY: I shall continue the quotation which concludes Hitler’s -pronouncement: - - “The German Government is resolved and prepared to develop its - political and economic relations with Poland, in accordance with - the present agreement, in such a way as to ensure that a period - of useful co-operation may follow one of fruitless reticence. - - “The Chancellor has here expressed his particular satisfaction - with the clarification of relations between Danzig and Poland.” - -On 26 September 1938 Hitler again spoke of Poland in one of his usual -speeches. I consider it essential to quote a short excerpt from this -speech—Document Number TC-29: - - “The most difficult problem with which I was confronted was that - of our relations with Poland. There was a danger that Poles and - Germans would regard each other as hereditary enemies. I wanted - to prevent it.” - -I do not consider it necessary to read the entire document, and I will -therefore omit a few sentences. - - “Precisely a year later it was possible to reach an agreement - which, in the first place, definitely eliminated the danger of a - conflict for a period of 10 years. - - “We are all convinced that this agreement will lead to a lasting - pacification. We realize that here are two peoples which have to - exist side by side, and neither can eliminate the other. - - “A state with a 33 million population will always strive for an - outlet to the sea. - - “Because of that, a way for understanding had to be found. It - has been found and will be more and more consolidated.” - -In absolute conformity with this official and, from beginning to end, -deceitful speech of Hitler’s, the Defendant Ribbentrop, speaking in -Warsaw on 25 January 1939, stated—this quotation will be found in -Document Number 2530-PS: - - “It is a fundamental part of German foreign policy in accordance - with the firm will of the Führer of the German people that the - friendly relations between Germany and Poland, based on the - existing treaty, be strengthened progressively and deepened.” - -Omitting one paragraph of this document, which has already been read in -court and submitted to the Tribunal as the Document Number 2530-PS, I -wish to repeat only one sentence of it: - - “Thus Poland and Germany can look forward to the future with - complete confidence upon the solid basis of their mutual - relations.” - -Need I remind the Tribunal that in the Document L-79 already presented, -which is a record of the conference on 23 May 1939 at Hitler’s new Reich -Chancellery, among the many other openly aggressive declarations and -statements of policy by Hitler, this man uttered the following sentence: - - “Thus, there is no question of sparing Poland, and the decision - remains to attack Poland at the first opportunity. It is - impossible to expect a repetition of the operation against - Czechoslovakia. This time it will mean war.” - -It must be stated in all fairness that this war was a surprise for -Poland only. The fascist conspirators had, for a long time, carefully -prepared for it. I now turn to Document C-120, a considerable part of -which has already been read into the record. I should like to submit -several excerpts from this document concerning the conspiracy of the -Hitlerites directed against Poland, excerpts which have not yet been -read into the record. I should like to draw your attention to individual -sentences, which naturally did not attract the attention of the counsel -who offered this document in evidence because they deal with relatively -small details. But now these sentences are decisive and are of primary -importance. They are highly characteristic and essential to a correct -evaluation of the material I am about to present. - -In the Document Number C-120 (Exhibit Number GB-41), marked, “for -commanding officers only; top secret; matter for Chief of Staff; only -through officer; General Headquarters of the Armed Forces WFA 37/39 -Chefs (L-Ia)” just preceding the text of the document the subject is -indicated as follows: - - “Subject: Instructions for the Armed Forces for 1939-1940. - Directive concerning the uniform preparation of the Armed Forces - for 1939-1940 is hereby restated.” - -This sentence clearly and definitely indicates that already previously, -that is, before 3 April 1939, there existed some other directives on -this very question. - -The following is said in Paragraph 3 of the document cited: - - “Opinions of the three branches of the Armed Forces, as well as - the data for the calendar schedule, will be submitted to the OKW - on 1 May 1939.” - -Already by 1 May 1939 Germany had a revised, modernized, and detailed -plan for an aggression against Poland. And Hitler, while playing the -part of one insulted by Poland, waited only for a suitable moment to -declare that he had no choice but to destroy the Polish State. - -In one of the appendices to the document quoted—it is also listed as -Document Number C-120 (Exhibit Number GB-41) but was not read into the -record—there is one feature of great importance. The document is signed -by Hitler and bears the date 11 April 1939. It was prepared in five -originals only. I offer in evidence a copy of the second original. - - “Directive concerning the uniform preparation of the Armed - Forces for 1939-1940. - - “I will expound, at a later date, the future objectives of the - Armed Forces as well as the preparations for war which follow - therefrom. - - “Until the directive becomes effective, the Armed Forces must be - ready to accomplish the following tasks: - - “I) Securing the frontiers of the German Reich and protection - from sudden air offensives; II) Fall Weiss; III) Occupation of - Danzig. - - “Signed: Hitler.” - -I will now read into the record the first paragraph of Appendix 3, -entitled the “Occupation of Danzig.” - - “The surprise occupation of the Free City of Danzig may come - into question—independently of Fall Weiss—in utilization of a - favorable political condition.” - -I think that we can dispense with the reading of the remaining text of -the document. - -If it please the Tribunal, it is worthy of note that, according to -German plans the occupation of Danzig was regarded either as an integral -part of the aggression against Poland or, in case of a different -political situation, as a completely independent operation, but in both -cases it was planned well in advance. - -The same set of documents, listed as Number C-120, includes a top-secret -directive intended exclusively for commanding officers and was to be -transmitted through officers only. It is important to note that the -subject of this document, which I submit to the Tribunal, is indicated -as follows: Instructions concerning the uniform preparation for war of -the Armed Forces for the years 1939-1940. Just as the previous ones, -this document was not intended for a wide circle of readers. It was -typed in seven originals only. The fascist conspirators were not very -anxious to popularize their planned preparation for war. - -And again, in the appendix to directive OKW 37/39, which I have already -submitted to the Tribunal and which is entitled, “Special Orders for -Fall Weiss,” there is one very significant sentence. I shall read into -the Record the penultimate subparagraph of Paragraph 2: - - “In case of a public announcement of general mobilization - (Mobplan) for the Armed Forces, the mobilization will - automatically cover the entire civilian network, including war - production. A public announcement, however, of mobilization - should not be counted on, should military events be confined to - Fall Weiss.” - -It seems highly significant to me that the fascist conspirators, though -fully conscious of the fact that war was to begin, had planned the -execution of their criminal intent without announcing any mobilization. - -And finally, I should like to point out that in Keitel’s order to the -Armed Forces, Number 37/39, of 3 April 1939, issued in connection with -Fall Weiss, the following directives by Hitler were made public: - - “I. Operational plan Fall Weiss must be elaborated with a view - to the fact that its execution must be possible at any time, as - from 1 September 1939.” - -We know that the invasion of Poland was, in fact, started on 1 September -1939—in short, on the very first day on which the German Armed Forces -had to be fully ready for action. - -Operational Order Number 1, 25039, of 21 August 1939, issued to the -Command of Naval Group OST, on board the battleship _Schleswig -Holstein_, stated as follows—this document has already been submitted -to the Tribunal as a German photostatic copy: - - “I. General situation. a) Political: All the armed forces must - be defeated by means of a lightning thrust, to enable the - creation in the East of a situation favorable for the defense of - the Reich. The Free City of Danzig will be declared a Reich - city.” - -It is worth while to bear this sentence in mind when speaking of the -“free expression of will by the Danzig population,” which allegedly -aspired to become part of the Reich. It must not be forgotten that this -free expression of will had been foreseen by the above operational Order -Number 1, to the very day. - -To conclude, I consider it essential to read into the record, almost in -full, a rather long but exceptionally important document. I have in mind -a note by the Defendant Bormann of 2 October 1940, referring to a -conversation about Poland. This conversation was held after a dinner -which took place in Hitler’s apartment. You will find this note on Page -311, Volume I, Part 2 of the document book: - - “Secret; Berlin, 2 October 1940; note. - - “On 2 October 1940, after dinner at the Führer’s apartment, a - conversation arose on the nature of the Government General, the - treatment of the Poles and the incorporation, already approved - by the Führer, of the Districts of Piotrokow and Tomassov into - the Warthegau. - - “The conversation began when the Reich Minister, Dr. Frank, - informed the Führer that the activities in the Government - General could be termed very successful. The Jews in Warsaw and - other cities had been locked up in the ghetto; Kraków would very - shortly be cleared of them.” - -I now consider it possible to omit a few paragraphs. - - “The Führer further emphasized that the Poles, in direct - contrast to our German workmen, are specially born for low - labor; we must give every possibility of advancement to our - German workers; as to the Poles—there can be no question of - improvement for them. On the contrary, it is necessary to keep - the standard of life low in Poland and it must not be permitted - to rise. - - “The Government General must, under no condition whatsoever, be - an isolated and uniform economic region; it must not produce - independently, even in part, any manufactured goods necessary - for its subsistence; the Government General should be used by us - merely as a source of unskilled labor (in industries such as - brick manufacturing, road construction, _et cetera_). One cannot - change the nature of a Slav, as the Führer has already - emphasized. While as a rule our German workers are by nature - assiduous and diligent, the Poles are lazy and it is necessary - to use compulsion to make them work. - - “However, there is no reason to expect that the Government - General will become an independent economic region, as there are - no mineral resources, and even should such be available the - Poles are not capable of utilizing them. - - “The Führer has explained that the Reich needs large estates to - provide food for our large cities; these large estates, as well - as other agricultural enterprises, are in need of labor, and - cheap labor in particular, for the cultivation of the soil and - for harvesting. As soon as the harvest time is over, the - laborers can go back to Poland because should they be employed - in agriculture the whole year round they themselves would use up - an important part of the crops. The best solution would thus be - to import from Poland temporary laborers for the duration of the - sowing and for the harvesting. Our industrial districts are - overpopulated, while at the same time there is a lack of - manpower in agriculture. That is where we can make use of the - Polish laborers. For this reason, it would be quite right to - have a surplus of manpower in the Government General, so that - every year the laborers needed by the Reich could be procured - from there. It is indispensable to bear in mind that the Polish - gentry must cease to exist; however cruel this may sound, - wherever they are, they must be exterminated. - - “There must, of course, be no sexual intercourse with Poles. It - would consequently be a correct procedure if Polish harvesters, - both men and women, came together to the Reich. Whatever the - mutual relationships were in their camps would not be a matter - of our concern—no zealous Protestant should poke his nose into - these affairs. - - “The Führer stressed once more that there should be one master - only for the Poles—the German; two masters, side by side, - cannot and must not exist; therefore, all representatives of the - Polish intelligentsia are to be exterminated. This sounds cruel, - but such is the law of life. - - “The Government General represents a Polish reserve of - manpower—a vast Polish labor camp. The Poles will also benefit - from this, as we look after their health and see to it that they - do not starve, _et cetera_, but they must never be raised to a - higher level, for they will then become anarchists and - Communists. It will therefore be proper for the Poles to remain - Roman Catholics; Polish priests will receive food from us and - will, for that very reason, direct their little sheep along the - path we favor. The priests will be paid by us and will, in - return, preach what we wish them to preach. If any priest acts - differently, we shall make short work of him. The task of the - priest is to keep the Poles quiet, stupid, and dull-witted. This - is entirely in our interests. Should the Poles rise to a higher - level of development, they will cease to be that manpower of - which we are in need. In other respects it will suffice for a - Pole to possess a small holding in the Government General—a - large farm is not at all necessary; he will have to earn the - money he requires in Germany. It is precisely this cheap labor - we need; every German and every German worker will benefit by - this cheap labor. - - “A strict German administration must exist in the Government - General to keep order in the labor reservations. These - reservations mean for us the maintenance of agriculture, - particularly of our large estates, and they are, besides, a - source of supply of labor.” - -I see no necessity to read into the record the exchange of views between -those present, although it is mentioned in the document, and I shall go -on directly to Hitler’s final statements: - - “To sum up, the Führer wants to state once more: - - “1. The lowest German workman and the lowest German peasant must - always stand economically 10 percent above any Pole.” - -I omit the second paragraph and pass to the third which is of great -interest: - - “3. I do not wish”—the Führer stressed—“that a German workman - should, as a rule work more than 8 hours when we return to - normal conditions; if a Pole, however, works 14 hours, he is - still, in spite of that, to earn less than a German workman. - - “4. The ideal picture is this: A Pole must possess a small - holding in the Government General which will, to a certain - extent, provide him and his family with food. The money required - by him for clothes, supplementary foods, _et cetera_, _et - cetera_, he must earn by working in Germany. The Government - General must become a center for supplying seasonal unskilled - labor, particularly agricultural laborers. The existence of - these workmen will be fully guaranteed, because they will always - be used as cheap labor.” - -This document deals with the question of Hitler’s attitude towards -Poland and the Polish people with such exhaustive clarity that it calls -for no further comment. - -I wish only to draw Your Honors’ attention to three points. - -Firstly, Hitler definitely states and develops in detail the idea that -in the new fascist order in Europe the Polish people and the Polish -State must be nothing but a Polish labor camp for fascist Germany. - -Secondly, Hitler is convinced that the Poles will benefit from such a -state of affairs, since the fascist conspirators intend to care for the -health and adequate nourishment of the Poles whom they have reduced to -slavery. I beg Your Honors to consider the fact that by “adequate -nourishment” Hitler understands a state of affairs according to which -every Pole should be maintained at an economic level considerably below -that of the most wretched German. By “care” he means that the standard -of living in Poland should be low and that it should not improve, so -that no Pole be engaged otherwise than in heavy unskilled labor, 14 -hours a day. - -Finally, Hitler sets the task for the extermination of the entire -intelligentsia, stating arrogantly that there should exist only one -master for the Poles—the German. - -In the course of further presentation of documents to the Tribunal we -shall prove that Hitler and his followers, in the persons of the -participants in the fascist conspiracy, strove to exterminate the Polish -people and to reduce the standard of living of the Poles to the most -pitiable and beggarly level. Their very existence depended solely on the -fact that it assured cheap manpower for the fascist masters. - -THE PRESIDENT: Would that be a convenient time to break off? - - [_The Tribunal adjourned until 11 February 1946 at 1000 hours._] - - - - - FIFTY-SIXTH DAY - Monday, 11 February 1946 - - - _Morning Session_ - -COL. POKROVSKY: The Tribunal has at its disposal the diaries of the -Defendant Frank. - -In the one marked “Diary of the Year 1943, V,” we find on Pages -1070-1072 an important entry; in the Russian translation this passage is -on Page 5 of the addenda to the “Excerpts from Frank’s Diaries,” and on -Page 321 of your document book, marked in pencil. I quote this passage: - - “Kraków, 23 October 1943. - - “The Governor General makes a report at the Administrative - Academy on ‘The Leadership Principle in Government.’ From the - point of view of constitutional and international law, the - Government General, as an appendage to Greater Germany, - constitutes a part of the territory over which the power of - Greater Germany in Europe extends. The sovereignty over this - territory belongs to the Führer of Greater Germany and on his - behalf it is exercised by the Governor General who, as the - deputy of the Führer, possesses all his powers.” - -I would like to inform you, Your Honors, of two more documents of a -strictly official nature. - -In the _Reichsgesetzblatt_ for 1939, Part I, Page 2077—Page 333 of your -document book presented by us as Exhibit Number USSR-296 (Document -Number USSR-296)—is published the “Führer’s and Reich Chancellor’s -Decree on the Administration of the Occupied Polish Territory,” dated 12 -October 1939. - -I shall read into the record Paragraph 2 of this decree. It consists of -two subparagraphs: - - “Paragraph 2: - - “1. I appoint Reich Minister Dr. Frank as Governor General of - the occupied Polish territories. - - “2. I appoint Reich Minister Dr. Seyss-Inquart as Deputy - Governor General.” - -In the same _Reichsgesetzblatt_, but this time for 1940, Part I, Page -399, is published a decree regarding the power to grant pardons in the -occupied Polish territories. It is registered with the Tribunal as -Document USSR-289 (Exhibit Number USSR-289) and is on Page 336 of the -document book. It reads: - - “In the occupied Polish territories I delegate to the Governor - General of occupied Polish territories the power to confirm - death sentences as well as pardons or to reject applications for - pardons, with the right further to delegate his powers.” - -The power of life and death, the sovereign prerogative, was entrusted in -a Poland occupied by the Hitlerites, to the Defendant Frank. - -It would not be misplaced to recall that it was this same Hitler who had -said that he would show, by the concrete example of a mutual -relationship between the Polish and the German peoples, that such a form -of intercourse had been found “which would usefully serve the cause of -peace as well as the welfare of both nations.” - -I have spoken of the kind of example that was intended, and what the -welfare was to which reference had been made. - -The 6 April 1941 was marked by a new crime planned and carefully -prepared beforehand by the Hitlerite conspirators. Without any warning -or declaration of war, they attacked Yugoslavia. - -The attack on Yugoslavia was a gross breach of Article 3 of the Hague -Convention of 18 October 1907, and of the Kellogg-Briand Pact of 27 -August 1928. The Delegations of Great Britain and of the United States -have already submitted to the Tribunal a considerable number of -documents referring to the subject of the treacherous attack on -Yugoslavia. I have only to submit a few new proofs and to establish a -connection between these new documents and those already read into the -record. Official German documents enable us to reconstitute events with -exceptional vividness. In this case German pedantry turns against the -authors of the criminal plan. - -On 27 March 1941 Adolf Hitler held a special conference regarding the -situation in Yugoslavia. On the same day he signed a top-secret -Directive 025, for the High Command (Oberbefehlshaber) only. Both -documents, filed under Document Number 1746-PS, are among the evidence -already accepted by the Tribunal. - -Subparagraph 2 of Directive 025 has already been quoted in full in the -speech of the Chief Prosecutor for the U.S.S.R. The first subparagraph -of this document was also read into the record on 7 December 1945. I -should like to add a few more lines and read Paragraph 3 into the -record. This passage is on Page 337 of the document book. It states as -follows: - - “In detail I order the following: - - “a) As soon as the concentration of sufficient forces is - concluded and meteorological conditions permit, all Yugoslav - antiaircraft and Belgrade must be destroyed by continuous day - and night air attacks. - - “b) If possible, simultaneously, but under no circumstances - sooner, Operation Marita must be started, with the primary - limited objective to seize the harbor of Salonika.” - -I believe that three points should be stressed here: - -1) The intention of carrying out the total destruction of the capital of -the state; - -2) The correlation between the aggression against Yugoslavia and the -aggression against another country, Greece—the aggression against -Greece was coded, as the Tribunal knows, under the name of Operation -Marita; - -3) The necessity to complete the concentration of German forces as well -as meteorological conditions were the factors that determined the time -limits for the attack. - -As in all previous cases of criminal fascist aggression, we see one and -the same thing—the criminal intent of the predatory invader, treachery, -and cold calculation. - -Preparations for the successive acts which had been carried on over a -very long period followed the customary Hitler routine, already -disclosed by the prosecutors: Fifth Column activities, the use of the -protection of the German minority as a slogan and the lying practice of -peaceable declarations combined with unceasing preparations for -invasion. As I have already stated, the preparation of the crime was -carried on over a very long period and followed the customary Hitler -routine already disclosed by the prosecutors. - -On 27 March 1941, on the very day when Hitler signed Directive 025, he -personally conducted, in Berlin, a special conference on the situation -in Yugoslavia. The minutes of this conference were presented by the -United States Prosecution on 4 December 1945 as Document Number 1746-PS. - -Other documents relating to this conference have also been registered -under the same number. At the conference, the objective was determined -with absolute precision and a plan of action was presented. You will, -Your Honors, find the passage I have quoted on Page 349. - -Hitler declared: - - “. . . we are not going to wait for any declarations of loyalty - by the new government, but to carry out all preparations for the - destruction of the Yugoslav armed forces and of Yugoslavia - itself as a national unit. - - “. . . it is especially important from the political point of - view that the blow against Yugoslavia should be carried out with - the utmost violence and that its military destruction should be - effected with lightning speed.” - -And a little further back in the document is stated: - - “No diplomatic inquiries will be made and no ultimatum - presented. . . . The attack will start as soon as the necessary - supplies and troops are ready.” - -Thus, Hitler was not in the least interested in the factual attitude of -one or the other Yugoslav Government toward Germany, but in the factual -destruction of Yugoslavia as a state; and he strove to accomplish this -destruction with cruelty and lightning speed. - -The operational staff of the OKW, meticulously following Hitler’s -directive regarding a cruel and rapid destruction of Yugoslavia, -speedily worked out a detailed plan for co-ordinated operations of the -German and Italian Armies. It was issued as an official operational -directive dated 28 March 1941. I consider it essential to reread three -lines of this document, already submitted to the Tribunal under the same -Document Number 1746-PS. You will find it on Page 352 of the document -book. I read Paragraph 4 of this document into the record. - - “. . . The German task is to attack Yugoslavia with the greatest - possible concentration of forces, to smash its armed forces and - destroy it as a state.” - -I cannot but remind the Tribunal of the terminology used by Hitler and -the other fascist conspirators. Hitler said, “There can be no question -of sparing Poland.” He demanded, “Yugoslavia is to be eliminated as a -state, ruthlessly and with lightning speed.” Mercilessness, -ruthlessness, extermination of peoples and states: such was the style -and meaning of the actions of the fascist conspirators. - -The aggression against Czechoslovakia, the attack on Poland, the desire -to destroy Yugoslavia, all these were links in the same chain. But the -chain does not end with these links. - -The task of the next representative of the U.S.S.R. Prosecution will be -to show Your Honors that the fundamental purpose of these criminals, the -main link in the center of all of the Hitlerite conspiracies, was the -attack on the U.S.S.R. - -The documents relating to the crimes against Yugoslavia will prove that, -in attacking that country, the fascist conspirators strictly followed -their customary methods. Even in detail they repeated their earlier -crimes perpetrated against Poland, Austria, and Czechoslovakia. Even in -case we did not know who actually organized the attack on Yugoslavia, -the very nature of the facts, the sequence of events, the manner in -which the crimes were perpetrated, would unmistakably indicate the -culprits. - -I turn to Document USSR-36, (Exhibit Number USSR-36) under which number -I offer in evidence the Official Report of the Yugoslav Government. - -The first section, entitled “The Systematic Preparation of the -Conspiracy for the Enslavement and the Destruction of Yugoslavia,” -contains a series of valuable information. I wish to cite that excerpt -from this document which you will find on Page 355 of the document book, -Paragraph 4 on Page 3 of the Russian text, 3rd paragraph from the top -reads: - - “The Government of the Third Reich and the Hitlerite Party - secretly organized the German minority. Settled in Yugoslavia by - the Austrian emperors over a century ago, the Germans enjoyed as - brothers full rights and a cultural autonomy. They had their own - schools and their representatives in parliaments as well as in - the local government. They numbered half a million (that is - about three percent of the total population). From 1920 they had - their mass organization—the Swabian-German Cultural - Union—‘Kulturbund’ for short. And out of this very organization - and through it, as well as out of all the Germans in Yugoslavia, - the Nazi Party created a political and military organ for the - destruction of Yugoslavia.” - -I believe I can skip several lines without loss and quote further: - - “In Yugoslavia, the Nazi Gaue were secretly formed and Gauleiter - appointed. Under the guise of various physical training and - sport associations, Hitlerite units were organized half a - million strong. Numerous ‘tourists,’ ‘travellers,’ - ‘businessmen,’ and ‘relatives’ came from the Reich—in reality - they were Nazi instructors and organizers.” - -I skip a number of details which can be disregarded, and pass to the -second paragraph of the same section on Page 4—that would be Page 356 -in your document book—where the manner is described in which the Fifth -Column was further strengthened. I now shall read into the record -Paragraph 2, beginning with the second subparagraph: - - “The Hitlerites drew into their orbit all the separatist and - chauvinistic elements, as for instance, Pavelich’s Ustasha; the - Zbor, a movement headed by Ljoteč; the MFRO (the Macedonian - fascist movement), headed by Vanca Mihajlovič; and organized - them as terrorist organizations with headquarters in Berlin. On - the other hand, acting through their agents, Prince Paul, - Stojadinovič, Cvetkovič, and Ćincar-Marcovič, they attracted the - pan-Serbian centralists and turned them into a terrorist group - which, from the vantage points of governmental authority, was - ‘peacefully’ to deliver Yugoslavia into slavery by adhering to - the Tripartite Pact.” - -Further, the report emphasizes the fact that, while organizing numerous -branches of the Fifth Column, the Hitlerites continually gave newer and -more perfidious assurances about their ostensibly friendly intentions -with regard to Yugoslavia. This is discussed in Paragraph 3 on Page 5 of -the Russian text; our Document Number USSR-36. You will find this -passage, Your Honors, on Page 357 of the document book: - - “3. At the time when both the Hitlerite Government and the Party - were so thoroughly and with such versatility preparing their - conspiracy to invade and occupy Yugoslavia, Hitler seized every - opportunity to declare to the whole world, on behalf of the same - Government, the same Party, and the whole of Germany, that - Yugoslavia could count on them as devoted friends.” - -On 17 January 1938, that is, some weeks before the occupation of -Austria, Hitler had a meeting with the then Prime Minister of Yugoslavia -at which the Defendants Göring and Von Neurath were present. The -original document from which I shall quote certain passages was -submitted to the Tribunal as Document Number TC-92. The extract which I -shall quote further on as documentary evidence, is dated 4 December -1945. You will find it on Page 411 of the document book. - -On 4 December 1945 a printed collection of German documents dealing with -the conflict with Yugoslavia and Greece was offered to you in evidence. -In the listing of documentary evidence it is referred to as Document -Number TC-92. - -On Page 68—and you will find it as I have already stated on Page 411 in -your document book, as Document Number 28 of that collection—we have a -transcript of the conversations which took place during the conference -of 17 January 1938. I consider there is no need to read the entire -document into the record. I shall limit myself to the following three -remarks made by Hitler on that occasion, “As regards Yugoslavia, Germany -is highly interested in the existence of a strong Yugoslavia.” Somewhat -later in the course of the same conversation Hitler spoke the second -sentence, “Whatever may happen there, Yugoslavia’s present boundary will -remain as inviolable as the border on the Brenner is today.” In addition -Hitler, at this meeting, made the following statement, “. . . the German -nationality group in Yugoslavia was loyal to the Yugoslav -Government. . . .” - -On 30 January 1939, some weeks before the occupation of the Czechoslovak -Republic, Hitler made the following declaration about Yugoslavia in his -speech before the Reichstag—this quotation is to be found on Page 412 -in your document book: - - “. . . a state which since the Great War has more and more - attracted the attention of our people, in Yugoslavia. The - respect which the German soldier felt for that valiant people in - the past, has grown ever stronger and developed into sincere - friendship. . . .” - -The fascist conspirators considered it useful to include this speech as -Document Number 32 in the book from which I just have quoted and -presented to the Tribunal as Document Number TC-92. - -On 1 June 1939, that is, before the fascist attack on Poland, Prince -Paul of Yugoslavia, whom the official report of the Yugoslav Government -calls a Hitlerite agent, paid a visit to Hitler. On this occasion, -Hitler stated in Berlin—you will find the passage on Page 413 in your -document book: - - “. . . Germany’s friendship with the Yugoslav nation did not - spring up suddenly. It was deepened and strengthened by the - tragic complications of the World War.” - -Then, after having made a few more statements which are of no interest -to the Tribunal, he continued: - - “I am all the more confident that now when, as a result of the - historic events, we have become neighbors with common frontiers - established forever, the friendly relations between Germany and - Yugoslavia, trustful and steadfast, will not only secure lasting - peace between both our peoples and countries, but moreover will - serve as a calming element for our nervous, excitable - continent.” - -I repeat once more that I quote from the book, Document Number TC-92. - -In his next customary speech after the defeat of Poland, before the -Reichstag on 6 October, Hitler reassured Yugoslavia of his love of peace -and of his friendly attitude in the following words: - - “. . . after the annexation had taken place, I assured - Yugoslavia in the same manner that her frontier with this - country shall be regarded as inviolable by Germany from this - moment on, and that we want to live in peace and friendship with - her. . . .” - -I am now going to read into the record a few paragraphs from -Subparagraph 2 on the first section of the report of the Yugoslav State -Commission for the investigation of the crimes perpetrated by the -aggressors. The excerpts in question begin with Paragraph 3, on Page 6 -of Exhibit Number USSR-36 (Document Number USSR-36). In your document -book it is Volume I, Section I. - -Thus, Hitler regularly gave assurances about friendly relations with -Yugoslavia and about the inviolability of her boundaries while, at the -same time, his band of conspirators and enslavers were already -tightening the ring of war around Yugoslavia. When Yugoslavia was -completely surrounded by Hitler’s Panzer divisions, and when the -government of the Centralist Fifth Column of Prince Paul, Cvetovič, and -Maček was ready to join the Tripartite Pact on 25 March 1941, that is, -10 days before the attack on Yugoslavia, the Defendant Ribbentrop stated -as follows—on Page 413 of your document book you will find it, in -Document Number 2450-PS: - - “Germany herself—and I solemnly state this—has neither - territorial nor political interests in this region.” - -The Tribunal has already been handed a certified extract from Document -Number 72 of the above-mentioned German book. - -An official note from the Reich Government of the same date reads as -follows—you will find this on Page 415 of the document book: - - “Mr. Prime Minister: On behalf and on the direction of the - German Government, I have the honor to report to Your Excellency - as follows: - - “In connection with today’s adherence of Yugoslavia to the - Tripartite Pact, the German Government affirms its resolution to - respect at all times the sovereignty and territorial integrity - of Yugoslavia. . . . - - “Signed, Joachim von Ribbentrop.” - -The culminating point in the execution of the breach of faith so -cunningly prepared by the fascists is the following statement made by -Hitler on 6 April 1941, that is, at the moment when the perfidious and -treacherous attack on Yugoslavia had already begun. It is under Document -Number TC-92 in your book of documents, on Page 414: - - “The German people feel no hatred towards the Serbian people. - Above all, the German people see no reason to start a war - against the Croats and Slovenes; they want nothing from these - peoples.” - -Certified excerpts have been handed to the Tribunal from the documents -of the German book already quoted on Pages 1 and 4. - -At the same time when he was speaking in this manner, the occupation, -annexation, and dismemberment of the Yugoslav State was already taking -place. Soon after began the bombing of undefended cities, towns, and -settlements; forcible evictions; deportations to camps; punitive -expeditions; and hundreds of other acts that were a part of the planned -extermination of the Yugoslav people, which resulted in the death of -1,650,000 Yugoslav men, women, and children. - -On the question of the preparation for the attack on Yugoslavia and the -individuals who directly supervised this crime, we have at our disposal -two very valuable pieces of evidence. - -The first is the original affidavit of the German General Löhr. Prior to -and at the time of the aggression against Yugoslavia, he was in command -of the 4th Air Fleet. It was precisely his air units which carried out -the raids on Belgrade. He is undoubtedly a man well acquainted with the -course of operations and its leaders. - -On 24 May 1945 General Löhr was taken prisoner by the Yugoslav forces. -During interrogations to which he was subjected between 24 May and 6 -June 1945 he states—you will find the respective excerpts on Page 416, -as excerpts from our Document Number USSR-253 (Exhibit Number USSR-253). -We submit the originals of these excerpts to the Tribunal: - - “I and my staff went on March 26 to Sofia as the campaign - against Greece was about to begin. - - “On the following day, 27 March 1941, the _coup d’état_ took - place in Yugoslavia. I was called unexpectedly to Berlin, where - I received orders from Reich Marshal Göring to prepare for air - operations against Yugoslavia. . . . - - “After this, preparations against Yugoslavia were begun. At my - first meeting with Göring I was not told of the date of the - beginning of the war against Yugoslavia. At Vienna, I received a - written order in which the beginning of the operations was fixed - for 6 April.” - -Passing over the rest of the statement, I proceed to read into the -record excerpts from the minutes of the interrogation of the former -Field Marshal of the German Army, Friedrich Paulus. In accordance with -the wish of the Tribunal, we submit the original of this interrogation. - -Friedrich Paulus was interrogated on 12 January 1946 by the Chief -Prosecutors of the U.S.S.R. His testimony is registered with us as -Exhibit Number USSR-182 (Document Number USSR-182). You will find the -passage quoted on Page 419 of your document book. My colleagues of the -Soviet Delegation will probably revert to this document when dealing -with subsequent matters. I shall therefore merely quote that part which -refers to the preparations for the attack on Yugoslavia. - - “It was clear to both German and Hungarian officers that these - military preparations must have been based on the preparation of - military collaboration between Germany and Hungary.” - -THE PRESIDENT: Colonel Pokrovsky, the Tribunal understand that the first -interrogatory to which you refer—General Löhr’s—which is contained in -Document Number USSR-253, is an official document? - -COL. POKROVSKY: Yes. - -THE PRESIDENT: The official document of your Government. The other -interrogatory to which you refer, of Field Marshal Paulus, is not an -official document, is it? - -COL. POKROVSKY: The minutes of the interrogation of Field Marshal Paulus -have been compiled in compliance with all legal standards of procedure -applying to such interrogations by judicial organizations in the -U.S.S.R. He is interrogated as a witness with the warning that he must -tell the truth, in accordance with Articles 95 and 92 of our penal code. -These documents, in the U.S.S.R., are considered as absolutely official -documents, of full probative value, to be submitted to the Tribunal when -necessary. - -THE PRESIDENT: Could you tell us where the interrogatory was made? - -COL. POKROVSKY: Paulus was interrogated in person in Moscow, on 12 -January 1946. This, Sir, must have been pointed out at the beginning of -the interrogation. - -THE PRESIDENT: The date is on the document, but not the place. Go on, -Colonel. - -COL. POKROVSKY: With your permission, I shall continue my quotation from -the minutes of the interrogation of Field Marshal Paulus, submitted to -you: - - “It was clear to the Hungarians that Germany’s assistance was in - order to prepare the Hungarian Army in good time and in advance - for future combined military operations, thus incorporating an - ally into its ranks. - - “With the later attack on Yugoslavia, which followed this, there - was no need for special explanations as to the object of these - military preparations. - - “It was clear that armed forces were being made ready for war - with the U.S.S.R., as the attack on Yugoslavia was part of the - operational plan for the attack on the U.S.S.R. - - “With the defeat of Yugoslavia, the right flank, which was to be - formed at the beginning of military operations against Russia, - was secured.” - -I shall leave out one paragraph which deals with another subject, and -continue to quote: - - “The preparation of the combined German-Hungarian attack on - Yugoslavia was entrusted to me. On 27 or 28 March 1941 I was - called before Hitler at the Reich Chancellery where, besides - Hitler, Keitel, Jodl, Halder, and Brauchitsch were present. - Halder met me with the following words: - - “‘The Führer has decided to attack Yugoslavia in order to - eliminate the threat to the flank during the offensive against - Greece and to seize the main Belgrade-Nish railway line which - runs in a southerly direction. But the main objective of the - attack on Yugoslavia is to have our right flank secure when - later on the Plan Barbarossa shall be carried out. - - “‘Your task is to go to Vienna immediately in my special train, - and to transmit the orders and explain the situation to Field - Marshal List (12th Army Group), General Von Kleist (Panzer - group), and Colonel Von Witzleben (Chief of Staff of the 2d - Army), who have been called there. - - “‘From Vienna, you are to proceed to Budapest and there to - co-ordinate with the Hungarian General Staff the strategic - employment of the German forces on Hungarian territory and the - participation of the Hungarian forces in the invasion of - Yugoslavia.’” - -The participation of Hitlerite generals of the very highest rank in the -treacherous attack on Yugoslavia simply does not fit, in any way at all, -into the execution of purely military tasks only. - -I shall read one more document into the records, Document Number -1195-PS. You will find it in your document book on Page 423. - -On 9 January 1946 four lines were read here from the second section. The -time has now come to read it in full: - - “Copy. Supreme Command of the Armed Forces, Operational Staff, - Section L, (IV/QU), Number 00630/41; top secret, commanders - only; Führer’s headquarters, 12. 4. 1941. - - “Reference: OKW/L, (IV/QU), Number 4434/41; top secret, - commanders only, of 3 April 1941. - - “Provisional Directives for the Partition of Yugoslavia. - - “I. The Führer has issued the following directions for the - partition of Yugoslavia: - - “1) Former territory of Styria and Carniola. - - “The territory of the former Styria, extended to the south by a - strip of about 90 kilometers in breadth and 10 to 15 kilometers - in depth, will go to Gau Styria. - - “The northern part of Carniola, with a borderline running south - only as far as the river Sava but north of Ljubljana, according - to the attached OKH map, is to become part of Carinthia. - - “The High Command of the Army (OKH) is to hand over the - territory occupied by the German troops, to the competent - Gauleiter, subarea by subarea, as soon as the pacification of - the country permits. - - “The handing over of the territory occupied by the Italians will - be prepared by a letter from the Führer to the Duce and carried - out under direct orders from the Foreign Office. Until that time - no measures whatever are to be taken on the German side. - (Teletype OKH-General Quartermaster, Abt. Kr. Verw., A., Ob. - Kdo. 2 I, Number 801/41, top secret, is hereby executed.) - - “2) The territory beyond the River Mur (Übermur-Gebiet). - - “The territory beyond the River Mur borders closely upon - Hungary, conforming with the historic boundary. A later - colonization of the German population living in the northwestern - part of this territory has been taken into consideration. The - handing over of this territory to the Hungarians will be - regulated by the High Command of the Army. - - “3) Banat. - - “The territory from the point where the River Drava cuts the - Hungarian boundary to the confluence of the River Tisa with the - Danube is to go to Hungary. The territory east of the Tisa will - be at first under German protection, as will the territory south - of the Danube and east of the general line: confluence of the - River Morava and the - Danube-Pozarevac-Petrovac-Boljavac-Knjazevac-Kalna. This - territory includes the Bor copper mines and the adjoining coal - district in the southeast. The above line is considered as the - basis and provisional demarcation line. At first, German - military government is to be established under the High Command - of the Army. - - “4) Southern Serbia. - - “The territory inhabited by Bulgarian Macedonians goes to - Bulgaria, in conformity with the ethnographical boundary. - Preliminary delimitation of the frontier, from the military - viewpoint, will be carried out by the Supreme Command of the - Army, which will prepare the handing over to Bulgaria. - - “5) Old Serbia. - - “The territory of old Serbia will be placed under German - military administration under the High Command of the Army. - - “6) Croatia. - - “Croatia becomes an independent state within its ethnographical - boundaries. There will be no interference on the part of Germany - with its internal policy. - - “7) Remaining territories including Bosnia and Montenegro. - - “The political organization of these territories will be left to - Italy. Here also the restoration of an independent state of - Montenegro can be considered. - - “II. The Demarcation of Boundaries: - - “1) As far as the demarcation of boundaries has not been laid - down in Part I, it will be carried out through the Supreme - Command of the Armed Forces in agreement with the Foreign - Office, the Plenipotentiary for the Four Year Plan, and the - Reich Minister of the Interior. - - “The Operational Staff of the Supreme Command Armed Forces (L IV - QU) is the executive organ for the Supreme Command of the Armed - Forces. - - “2) The High Command of the Army will forward as soon as - possible to the Operational Staff, Supreme Command of the Armed - Forces its military recommendations relative to the drawing up - of boundaries outside the territory of the protectorate south of - the Danube, where this has not been already laid down by the - Führer. - - “3) The War Economic and Armament Office of the OKW will forward - as soon as possible to the Operational Staff (Section L) its - recommendations regarding the boundaries of the territory of the - protectorate south of the Danube (Part I, Paragraph 3). - - “4) As far as the Italians are concerned, the tactical - boundaries between the armies hold good in the meantime. - - “Chief of the Supreme Command of the Armed Forces, signed, - Keitel.” - -This document, signed by the Defendant Keitel, smashes to pieces the -mendacious statement of the nonparticipation of the OKW in the political -side of the fascist plan or conspiracy. The German generals, as a body, -were not merely an obedient tool in Hitler’s hands. - -The OKW, the Ministry for Foreign Affairs, and the Gestapo were -interwoven into one sole entity. This is also borne out by the next -document. - -General Nedič, ex-Prime Minister of the quisling Yugoslav Government, in -his depositions gives some interesting information on this question. - -Before reading into the record a few excerpts from his depositions, I -must say a few words concerning four Germans, whom Nedič mentions by -name. He speaks of Kraus, Turner, Kiesel, and Kronholz. - -Dr. Kraus was chief of the Gestapo South East, with central offices in -Belgrade. Dr. Turner was chief of staff of the civil administration -department attached to the German Military Command in Serbia. Dr. Kiesel -was Dr. Turner’s deputy. Kronholz held no official post. He had lived in -Yugoslavia even before the war and was director of the German transport -firm Schenker A.G. Subsequently he turned out to be an important German -intelligence agent. This information is certified by the Yugoslav -Extraordinary Commission for the investigation of German atrocities. -After this explanation, I shall read into the record a short excerpt -from the evidence of the Serbian quisling, General Nedič. A true copy of -the interrogation or rather excerpts from his minutes are registered by -us as Document Number USSR-288. I am able to submit to you now, for your -perusal, the original of these minutes with Nedič’s signature. -Unfortunately I am not in a position to leave it with you in its -entirety because it refers to a case concerning Yugoslavia which has not -yet been finished, but I can hand it to you for perusal by the Tribunal, -while the certified excerpts remain with us as evidence. - -THE PRESIDENT: Colonel Pokrovsky, the Tribunal understand that you wish -to put this document in as evidence and then to withdraw it for the -purpose of its being used in some other cases; is that right? - -COL. POKROVSKY: I should like to submit to you as evidence in this case, -the excerpts from the minutes, duly certified by the Yugoslav -Extraordinary Commission, in order that the minutes now in your hands, -that is—the original minutes—may be returned to Belgrade where they -will be presented as a document needed in another case which is still -under investigation. I would therefore request you to keep a copy for -the Tribunal after you have satisfied yourselves that this copy tallies -with the original. - -THE PRESIDENT: Well then, if that is so, we must ask you to deposit with -this Tribunal a photostatic copy of this document, because, of course, -all the documents or photostatic copies which are put in evidence must -be deposited with the General Secretary of this Tribunal. So, if you -will undertake to have a photostatic copy made of this document and left -with the General Secretary, I think the Tribunal is agreed that you may -do so, that you may use this document. - -COL. POKROVSKY: Will the Tribunal be satisfied with the certified -photostatic copy, in addition to the certified excerpts and a -photostatic copy of the part which I am about to quote? - -THE PRESIDENT: Yes, certainly. - -COL. POKROVSKY: Thank you. - - “I came to know Kronholz during the occupation period, before I - became Prime Minister. As far as I can remember, he was brought - to me by the Chief of the Gestapo, Dr. Kraus. . . . Then - Kronholz insisted that I should accept the proposed post. - - “Turner received me in the presence of Dr. Kiesel and said that - he authorized me, through General Dankelmann, the German - military commander in Serbia, to form an authoritarian - government. . . . - - “Almost simultaneously with the creation of my government, the - Germans established contact with a group of Chetniks under the - command of Pečanač, who had until then been hiding in the - forests. The contact was also established through the Chief of - the Gestapo, Dr. Kraus. Shortly after this, Pečanač arrived in - Belgrade, called to see me, and offered his services. That is - how my government came to form its first armed units.” - -A little farther on, in the same minutes, we find the following record -of Nedič’s testimonies: - - “As soon as the formation of my government had been proclaimed - at the beginning of September 1941, a delegation with authority - from Draga Michailovič called on me to start negotiations.” - -Nedič enumerates the terms, which are of no interest to us, and then -says: - - “I, for my part, accepted all these terms and offers. Draga - Michailovič received money and the Germans permitted this.” - -This is the end of the quotation. - -Still another part of this record seems of importance to me; it concerns -Nedič’s visit to Hitler and the Defendant Ribbentrop. Nedič stated: - - “I noticed that at the meeting with the Defendant Ribbentrop, a - demand was made that I should place all the spiritual and - material resources of Serbia at the disposal of the German Reich - for the continuation of the war.” - -Speaking of this meeting with Hitler, Nedič stated: - - “He shouted at me, emphasizing that the order concerning 100 for - one not only would have to be altered, but that it should have - been increased to 1000 for one. He added also that he was - prepared to exterminate the entire population if the Serbians - continued to act like rebels.” - -The head of fascist Germany wished to control the Slav countries as if -they were his own patrimony. Here he was helped by generals, diplomats, -industrialists, and intelligence officers. All the acts of aggression -were prepared and realized with their direct participation. - -I repeat: The German generals as a body were not merely an obedient tool -in Hitler’s hands. The Defendants Keitel, Jodl, and Göring personally -participated in the planning, preparation, and realization of crimes -against peoples and states. - -Document 1195-PS added yet another proof in the establishment of this -fact. The above named defendants, together with Neurath, Frick, -Schirach, Frank, Seyss-Inquart, and Ribbentrop, are directly guilty of -the very grave crimes which I reported to the Tribunal. - -National Socialism cannot be separated from the idea of war. This is -acknowledged by the Hitler slaves themselves. - -In other words, Hitlerism and aggressive war are one and the same thing. -And if wars are not always planned by military leaders only, it is -always they who conduct them. The responsibility for aggression, for -aggressive war, for the death of millions, for bestialities, for the -destruction of cultural treasures and material wealth, must be borne by -all the major war criminals now sitting in the dock. - -THE PRESIDENT: We will adjourn now. - - [_A recess was taken._] - -DR. NELTE: Mr. President, I would like to ask the Tribunal for a ruling -as to a general question of submission of evidence. The Russian -Delegation has submitted books which contain statements by generals and -statesmen, without these statements being accompanied by an official -remark by the Soviet authorities. - -The documents which have been given to me today—USSR-149, 150, and -294—are only photostats of handwritten manuscripts. They contain -neither a remark which could qualify them as affidavits, nor do they -represent testimonies taken before a Soviet official or officer, nor do -they represent governmental or official declarations. - -I should be grateful to the Tribunal if it would make a decision on this -question in accordance with Article 21 of the Charter. The opinion of -the Defense Counsel is that such statements have only the value of a -personal presentation by the Prosecution but no probative value. - -THE PRESIDENT: May I see the documents? - -[_The documents were presented to the Tribunal._] - -The Tribunal have no objection to the course taken by Dr. Nelte in -drawing their attention to these documents at this stage. But they think -it will be better for them to wait until the documents are actually -offered in evidence before they consider whether or not they will admit -them. If and when the documents are offered in evidence, they will then -consider whether they will admit them or not. - -COL. POKROVSKY: With the permission of the Tribunal, I wish to present -Major General Zorya, State Councillor of Justice of the 3rd Class, who -will present the materials on the following theme of “Aggression against -the Soviet Union.” - -DR. LATERNSER: I should like to point out that the decision of the -Tribunal, that every defendant’s counsel should receive, sufficiently in -advance, a copy of all documents which are to be submitted as evidence -in the course of the proceedings, has not been complied with. It is, -therefore, difficult for the Defense to follow the proceedings because -the documents submitted have not been distributed in sufficient -quantity. - -THE PRESIDENT: I don’t think the Tribunal have ever imposed upon the -Prosecution the duty of supplying a copy of every document to every -member of defendants’ counsel. - -You no doubt have before you a copy of the Tribunal’s order upon the -subject, and I believe that the order is posted upon the board in the -defendants’ Information Center. If I remember correctly, it is that a -certain number of originals or photostatic copies shall be deposited in -the Information Center, and that a certain number of copies of the -documents shall be supplied to the defendants’ counsel, and that, for -the rest, the defendants’ counsel must rely upon the fact that every -document or part of a document which is put in evidence is read in open -court and, therefore, comes through the earphones to defendants’ counsel -and will appear in the shorthand notes. We have provided that copies of -the shorthand notes shall be supplied to defendants’ counsel as soon as -possible after the day on which the evidence is given. Beyond that we -have not thought it right to impose a duty upon the Prosecution to -supply documents to the defendants’ counsel. - -Is that not in accordance with your recollection? - -DR. LATERNSER: Mr. President, the American Prosecution, the British -Prosecution, and also the French Prosecution, in the course of the -proceedings, handled this in such a way that enough copies of all -documents were made available to the Defense for each defendant’s -counsel to have one copy before him. I believe that what is possible for -the other Prosecution should also be possible for the Soviet -Prosecution, in order to facilitate the work. - -THE PRESIDENT: That is a belief on your part which is not strictly in -accordance with the Tribunal’s orders. The Tribunal has not made that -order, and it may be that the United States and Great Britain have gone -beyond the Tribunal’s orders, and have supplied a copy to each -defendant’s counsel. But, as I say, the Tribunal has not as yet seen fit -to impose that duty upon the Prosecution. - -I suppose you don’t really know exactly how many copies of these Soviet -documents have been deposited in the Information Center? - -DR. LATERNSER: I don’t know the exact number. At any rate, there were -not enough for each defendant’s counsel to get a copy of each document, -as was the case, so far, with the other Prosecutions. - -THE PRESIDENT: Well, you no doubt understand the very great difficulties -of making translations and making copies. I am sure that the Soviet -prosecutors will do everything in their power to assist defendants’ -counsel, but, as I say, we have not imposed upon the Prosecution the -duty of supplying one copy of a translation into German of each document -for each defendants’ counsel. I can only express the hope that the -Soviet prosecutors will do the best they can. - -DR. LATERNSER: Mr. President, I remember, when the fact became known -that the press had received 250 copies of the documents, you, Mr. -President, expressed the opinion that it should then also be possible to -distribute 25 copies to the defendants’ counsel. That was, at that time, -the opinion of the Tribunal. - -THE PRESIDENT: The Tribunal’s orders on this subject are in writing and -you will find them in the defendants’ Information Center. I have stated -my recollection of them; if I am wrong, you can bring me a copy of the -document and I will withdraw my statement. - -MAJOR GENERAL N. D. ZORYA (Assistant Prosecutor for the U.S.S.R.): May -it please Your Honors, it is my task to present the documentary evidence -dealing with the aggression against the Union of Soviet Socialist -Republics, organized by the fascist war criminals now sitting in the -dock. - -This charge of the crime, mentioned in Subparagraph a, Article VI of the -Charter of the International Military Tribunal, was formulated in -Paragraph 6, Section 4, Count One of the Indictment in the present case, -and in Section IV of the opening statement by the Chief Prosecutor from -the U.S.S.R., General Rudenko. - -Among the many criminal wars which German fascism, with predatory aim, -waged against the freedom-loving nations, the attack on the Union of the -Soviet Socialist Republics occupies a place by itself. - -It can be safely said that the predatory war against the Soviet Union -was the keynote of the entire fascist conspiracy against peace. The -aggressive actions on the part of German fascism committed prior to the -attack on the U.S.S.R., and in part the German aggression against -Czechoslovakia, Poland, and Yugoslavia, were, as has been demonstrated -by my colleague, Colonel Pokrovsky, merely stages on the road to the -attack on the Soviet Union. - -Ukrainian wheat and coal from the Don Basin, nickel from the Kola -Peninsula, and oil from the Caucasus, the fertile steppes of the -pre-Volga region and the forests of Bielorussia all played a decisive -part in the criminal schemes of the fascist aggressors. - -The war against the Union of the Soviet Socialist Republics was also -waged by fascist Germany with the intent of enslaving and exploiting the -Soviet peoples. - -In the war of fascist Germany against the Soviet Union, the animal -hatred of the Hitlerites against the Slav peoples found its full -horrifying expression. - -And finally, German imperialism, appearing in its fascist edition, saw -in the seizure of the wealth of the Soviet Union and in its incalculable -resources of food and raw materials a base for the realization of their -far-reaching aggressive aims to achieve, first, ascendancy over Europe, -and, later on, ascendancy over the whole world. - -The well-known formula of German imperialism, “Drang nach Osten,” -mentioned in the opening statement of the Chief Prosecutor of the -U.S.S.R., was at different times and in many different ways disguised by -the fascist criminals, but always, in all their aggressive plans, pride -of place was given to the attack on the Soviet Union. - - “If new territory is desired”—wrote Hitler in his book, _Mein - Kampf_—“in substance it can be secured at the expense of - Russia. The new empire must move along the paths trodden by the - knights of old.” (Hitler, Adolf, _Mein Kampf_, Munich edition, - 1930, Page 742.) - -The fact that having definitely brought fascist aggression to a head in -1939, Hitler began the war in the West, did not substantially change -anything in this basic conception of fascism. - -Under Document Number 789-PS the United States Prosecution submitted to -the Tribunal the transcript of the conference held on 23 November 1939 -between Hitler and the members of the German Supreme Command. - -At this conference, Hitler, according to his own expression, gave a -“survey of the thoughts dominating him in connection with the events to -come.” - -In the course of this survey he declared—you will find the passage I am -now reading on Page 3 in the document book lying on the table of the -Tribunal, Page 2 of the Russian text: - - “For a long time I hesitated whether I should not begin with an - attack in the East, and only then with the one in the West. It - came about by force of events that for the nearest future the - East dropped out of the picture.” - -This statement by Hitler bore witness to the fact that the attack on the -Soviet Union remained within the plans of fascist aggression, and the -whole question was reduced only to the problem of selecting the most -favorable moment for this attack. - -It should be noted that this western version of the start of fascist -aggression was not considered as the most favorable version by the -authors of the aggression. - -This same Hitler, exactly 5 months prior to the above-mentioned -conference, at another conference of 23 May 1939 (Document Number L-79), -while briefing his accomplices on the present situation and political -aims, had said—the passage I am now quoting is Page 6 of the document -book, “If fate forces us into a conflict with the West, it would be -desirable that we, by that time, possess more expanse in the East.” - -The vast expanses in the East, according to the aspirations of Hitler’s -conspirators, were to play a decisive part during the conflict in the -West. - -Therefore, when the fascist hordes were unable to force the Channel, -stopped at its shores, and were obliged to find new ways of aggression, -the conspirators immediately began to prepare for an attack on the -Soviet Union. This attack was the basis of all their plans of -aggression, without which they could not be realized. - -I believe it is not necessary to refer to documents of an earlier -period, and particularly to quote any further from Hitler’s book, _Mein -Kampf_, where questions connected with the predatory attack on the -Soviet Union were formulated long before 1939. - -This book has already been presented to the Tribunal, and relevant -passages from it were quoted as evidence by our United States and -British colleagues. - -The Soviet Prosecution desires to submit to the Tribunal a series of -documents which bear witness to the fact that the aggression of fascist -Germany against the Union of Soviet Socialist Republics was committed -with malice aforethought. - -Among these documents there are files from various archives captured by -units of the advancing Red Army, statements by fascist leaders published -in the press, including those by several of the defendants, and -depositions by persons who were in possession of reliable information as -to how the preparations for the attack on the Soviet Union were actually -carried out. - -The documents of the Soviet Prosecution are presented under the -following sections: - -1. Preparations for war in Germany itself. 2. Assuring the security of -the preparations for war by the intelligence activities. 3. The securing -by the fascist conspirators of the participation of the satellite -countries in the aggression against the Soviet Union. - -I shall begin with Section 1, which I shall call, “Preparations for War -in Germany Herself.” - -The statements of Hitler and his accomplices demonstrate that the idea -of a criminal attack on the Union of Soviet Socialist Republics had for -a long time been ripe in the minds of the fascist conspirators. But -apart from this fact, we are also interested in the question as to when -this intention began to take on the concrete form of direct military -preparations for the predatory war against the Soviet Union. - -On 18 December 1940 the directive known to the Tribunal as directive -Number 21, Plan Barbarossa—the document of the United States -Prosecution numbered 446-PS—was put into its official form. The moment -when the signature of the Supreme Command appears on such a document is -the moment which crowns long and intensive work by all who formed the -links in the chain of military administration. - -This work may not have been governed by written orders. The secrecy -camouflaging this work often made it necessary to have recourse to -verbal orders. And, on the other hand, many orders of a routine nature, -on the strength of an already existing strategic project, became -correlated, although outwardly they seemed to have no connection with -it. - -It therefore appears that, with regard to establishing the actual moment -at which military plans for the attack on the Soviet Union began. . . . - -THE PRESIDENT: General Zorya, the Tribunal observes that you are about -to read a deposition of General Warlimont, who, the Tribunal -understands, is in Nuremberg, and the Tribunal considers that, in -accordance with the order that it made the other day in another case, in -the case of another deposition, that if the defendants’ counsel desired, -and you wish to use this deposition, you ought to be prepared to allow -General Warlimont to be submitted to the defendants’ counsel for -cross-examination. - -GEN. ZORYA: I am about to read into the record an extract from the -interrogation of General Warlimont. This interrogation was carried out -by General Alexandrov of the Soviet Prosecution, and if the Defense -desires to call General Warlimont for cross-examination here before the -Tribunal, the Soviet Prosecution will do its utmost to satisfy this -request. - -THE PRESIDENT: That is, of course, on the supposition that I am right to -saying that General Warlimont is in Nuremberg—available in Nuremberg. -Go on. - -GEN. ZORYA: I am definitely of the opinion that it would be useful, when -establishing the actual moment of the beginning of military operations -for the attack on the Soviet Union, to resort not to documents only—for -not everything is always put down in writing—but to revert to the -testimony of people who participated directly in the realization of -these preparations. - -I should now like to pass on to those depositions of Walter Warlimont -which you, Mr. President, have just mentioned. These depositions were -given by Warlimont on 13 November 1945. I am presenting them as evidence -under Document Number USSR-263. - -Walter Warlimont, as is known, was the Chief of the Department of -National Defense in the OKW, and later Deputy Chief of the Operational -Staff. - -I shall read into the Record that part of his deposition which touches -on the question before us. I ask you to turn to Page 2 of the Russian -text of this document, which is on Page 20 in the bundle of documents -presented by the Russian Prosecution on the question, and the answers to -questions put to Warlimont: - - “Personally, I first heard of this plan”—that is Plan - Barbarossa—“on 29 July 1940. On that day General Jodl arrived - in a special train at Bad Reichenhall, where Department ‘L’ of - the Operational Staff was stationed. Hitler was in - Berchtesgaden. This struck us immediately, because General Jodl - had, till then, hardly ever, I believe, come to see us. Besides - myself, the three other senior officers were ordered to be - present.” - -I now skip several lines and pass on to Page 3 of the minutes of -Warlimont’s interrogation; this will be Page 21 in the bundle of -documents: - - “I cannot repeat his statements verbatim. The meaning was as - follows: Jodl said that the Führer had decided to prepare for - war against Russia. The Führer justified this by saying that war - had to come one way or another, so that it would be better to - prosecute this war in connection with the one already being - fought, and, in any case, to start the necessary preparations - for it.” - -I skip several lines which are not relevant to the question we are -dealing with and continue: - - “Then or at a later date Jodl declared that Hitler intended to - begin the war against the Soviet Union as early as the autumn of - 1940, but later he gave up this idea. The reason was that the - deployment of the troops at that time could not yet be executed. - For this purpose the necessary conditions in Poland did not - exist; railways, quarters, and bridges were not prepared for the - advance of the tanks; communication lines and airdromes were not - organized. . . . Therefore an order was given to establish all - the conditions for the preparation and execution of such a - campaign.” - -To the question put by the Prosecution as to whether this order was -issued on 9 August 1941 and called “Aufbau Ost,” Warlimont replied: - - “Yes, this order was prepared by the staff leaders in accordance - with the instructions of General Jodl. . . . - - “In General Jodl’s opinion, the concentration could take place - only after all the preparations indicated in this order had been - made.” - -Further on in his statement, Warlimont said that Plan Barbarossa, -originally called “Fritz,” was presented to Hitler on 5 December 1940, -after which it was re-edited and issued on 18 December. - -I think that the testimony of a man like Friedrich Paulus, a former -field marshal of the German Army, who, as is known, was directly -concerned both in the preparations and in the execution of Plan -Barbarossa, can give considerable help in investigating the preparation -of this plan. - -I present the testimony of Friedrich Paulus, dated 9 January 1946, given -in a camp for prisoners of war, and marked Document Number USSR-156, and -request that it be accepted as evidence. - -DR. NELTE: Mr. President, I just wanted to remark that I do not possess -a copy of the document concerning Paulus. But it seems to be the same -statement which it has not yet been possible to give to the defendants’ -counsel. If the Soviet Prosecution could give me the statement now, I -would then decide if I could present my protest for decision now in the -form in which I raised it at the beginning of this session. - -[_Copies of the document were submitted to Dr. Nelte._] - -According to the original before me now, this is a similar statement by -Field Marshal Paulus. Paulus has expressed his opinion in a letter to -the Government of the Soviet Union and the Soviet Delegation has, I -assume, now presented the original to you. This photostat bears no -official certification by the Soviet authorities, nor is the statement -an affidavit which could be admitted as evidence. - -Therefore, I ask the Tribunal in this particular case to give a general -decision on the question which I raised at the beginning of this session -as well, so that in the future the Soviet Prosecution will be familiar -with the treatment of such statements by the Tribunal. - -THE PRESIDENT: Do you wish to make any answer to what Dr. Nelte has -said? - -GEN. ZORYA: Yes, I do. - -In accordance with the wish of the Tribunal, as expressed in a previous -session, the Soviet Prosecution has taken the necessary measures for -originals of all the documents of the Soviet Prosecution, or else -documents certifying the authenticity of these documents to be placed at -the disposal of the Tribunal through the good offices of the General -Secretary, with indications of the places where they are to be found. - -Moreover, bearing in mind that certain witnesses, whose evidence will be -presented in a forthcoming session by the Soviet Prosecution, are of -considerable interest and that it is possible that the Defense may wish -to cross-examine them, the Soviet Prosecution will take all necessary -measures to bring some of these witnesses to Nuremberg in order to hear -their verbal evidence. Special interest attaches to the deposition of -Paulus, extracts from which I propose to quote in my report, and which -must be checked no later than this evening, after which Friedrich Paulus -will be brought to the courtroom. - -THE PRESIDENT: Then I understood from what you said, General, that as -far as the photostatic copy of Field Marshal Paulus’ statement is -concerned, a certificate will be furnished—as we indicated the Tribunal -wishes—that the photostatic copy is a true copy of the original, and so -far as the question of producing witnesses of importance is concerned, -Field Marshal Paulus will be produced as a witness for the defendants’ -counsel to cross-examine. - -That meets your objection, I think, Dr. Nelte. - -DR. NELTE: The basic principle of this question, as it appears to me, -lies in the fact that official proof should be given that the statements -contained in the documents submitted really represent what the persons -who made them meant to say. Written statements are never more than a -dubious substitute for a personal examination of a witness. - -The Defense is fully aware of the difficulties encountered, particularly -by the Soviet Prosecution, in producing witnesses where, for instance, -reports are to be found. The Defense realizes the fact, but in those -cases in which the individuality of the witness and the importance of -certain questions really do matter, the personal examination of -witnesses should be preferred to any statement. Wherever this is -impossible, for reasons which we are unable to judge, it would however, -at any rate, be desirable that those people who have made these -statements should make them in the form of an affidavit or an -interrogatory. - -If the Soviet Delegation should produce a certificate to the effect that -these statements are corresponding to the original statements, it would -not mean that the documents would acquire an increased value in our -eyes. We do not doubt for one moment that statements of this kind are in -the possession of the Soviet Delegation. The Defense is interested not -so much in the formal confirmation of the statements as in the -possibility of increasing the material evidence. If the Soviet -Prosecution could assist us in this respect, we should be grateful. - -THE PRESIDENT: You can go on, General. - -GEN. ZORYA: I repeat, I believe that the testimony of Friedrich Paulus -can be of great assistance to us in our investigation. I present the -testimony of Friedrich Paulus to which I have just referred and shall -now read into the Record that part of his testimony which refers to the -history of the preparation of Plan Barbarossa. - -I request you to open the bundle of documents submitted to the Tribunal -on Page 27, and there, in the text of Paulus’ testimony, on Page 2, you -will find the passages underlined in pencil, which I now intend reading -into the Record. From 3 September. . . . - -THE PRESIDENT: Perhaps, General, since it is now a quarter to one you -had better not begin this document before the adjournment. - -GEN. ZORYA: I obey, Mr. President. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -GEN. ZORYA: Mr. President, in pursuance of the statement made by the -Soviet Delegation, I will ask for permission to bring before the -Tribunal for direct examination the field marshal of the former German -Army, Friedrich Paulus, who will be examined by the Chief Prosecutor of -the U.S.S.R., General Rudenko. - -THE PRESIDENT: Very well; the witness may be brought in. - -[_The witness, Paulus, took the stand._] - -THE PRESIDENT: Will you please tell me your name? - -FRIEDRICH PAULUS (Witness): Friedrich Paulus. - -THE PRESIDENT: Will you repeat this oath after me: “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._] - -THE PRESIDENT: Would you like to sit down? - -GEN. RUDENKO: Your name is Friedrich Paulus? - -PAULUS: Yes. - -GEN. RUDENKO: You were born 1898? - -PAULUS: 1890. - -GEN. RUDENKO: You were born in the village of Breitenau, in the district -of Kassel, in Germany? - -PAULUS: Yes. - -GEN. RUDENKO: By nationality you are a German? - -PAULUS: Yes. - -GEN. RUDENKO: You are field marshal of the former German Army? - -PAULUS: Yes. - -GEN. RUDENKO: Your last official position was Commander-in-Chief of the -6th Army at Stalingrad? - -PAULUS: Yes. - -GEN. RUDENKO: Will you please tell us, Witness, did you on 8 January -1946, make a statement to the Government of the Soviet Socialist -Republics? - -PAULUS: Yes, I did. - -GEN. RUDENKO: You confirm this statement? - -PAULUS: Yes, I confirm this statement. - -GEN. RUDENKO: Please, tell us, Witness, what you know regarding the -preparation by the Hitlerite Government and the German High Command of -the armed attack on the Soviet Union. - -PAULUS: From personal experience, I can state the following: On 3 -September 1940 I took office with the High Command of the Army as Chief -Quartermaster I of the General Staff. As such I was deputy to the Chief -of the General Staff, and had in addition to carry out the instructions -of a general operational nature which he delegated to me. - -When I took office I found in my sphere of work, among other things, a -still incomplete operational plan dealing with an attack on the Soviet -Union. This operational plan had been worked out by the then Major -General Marx, Chief of the General Staff of the 18th Army, who for this -purpose had been temporarily transferred to the High Command of the -Army. - -The Chief of the General Staff of the Army, General Oberst Halder, -turned over to me the continuation of the work which was ordered by the -Supreme Command of the Armed Forces, on the following basis: - -An investigation was to be made as to the possibilities of an attack -against the Soviet Union, with regard to the terrain, the points of the -attack, the manpower needed, and so forth. In addition it was stated -that altogether about 130 to 140 German divisions would be available for -this operation. It was furthermore to be taken into consideration that -from the beginning Romanian territory was to be utilized for the -deployment of the German southern army. On the northern flank the -participation of Finland in the war was taken into account, but was -ignored in this operational plan of the army. - -Then, in addition, as a basis for the plan which was to be worked out, -the aims—the instructions of the OKW—were given: First, the -destruction of those parts of the Russian Army stationed in the west of -Russia, to prevent the units which were fit for fighting from escaping -deep into Russia; second, the reaching of a line from which the Russian -air force would be unable to attack German territory effectively, and -the final aim was the reaching of the Volga-Archangel line. - -The operational plan which I just outlined was completed at the -beginning of November and was followed by two military exercises with -the command of which the General Staff of the Army entrusted me. Senior -officers of the General Staff of the Army were also assigned. The basic -strength requirements assumed in these military exercises were: The -launching of one army group south of the Pripet territory, specifically -from southern Poland and from Romanian territory, with the aim of -reaching the Dnieper-Kiev line and south of it; north of the Pripet -territory another army group, the strongest, from the area around Warsaw -and northward, with the general direction of attack being the -Minsk-Smolensk line, the intention being to direct it against Moscow -later; then a further army group, namely Army Group North, from the area -of East Prussia, with the initial direction of attack being through the -Baltic States toward Leningrad. - -The conclusion which was drawn from these military exercises was at that -time that in case of actual hostilities provision should be made firstly -for reaching the general line Dnieper-Smolensk-Leningrad, and then the -operation was to be carried forward if the situation developed -favorably, supply lines, _et cetera_ being adjusted accordingly. In -connection with these military exercises and for the evaluation of the -theoretical experience gained therefrom, there was a further conference -of the Chief of the General Staff of the Army and the chiefs of the -general staffs of the army groups which had been planned for the East. -And further, in connection with this conference, there was a speech -about Russia by the then chief of the section Foreign Armies East, -Colonel Kinsel, describing Russia’s geographic and economic conditions, -the Red Army, _et cetera_. The most significant point here was that no -preparations whatever for an attack by the Soviet had come to our -attention. - -With these military exercises and conferences that I have just described -the theoretical considerations and plans for this offensive were -concluded. Immediately thereafter, that is on 18 December 1940, the -Supreme Command of the Armed Forces issued Directive Number 21. This was -the basis for all military and economic preparations which were to be -carried out. In the Supreme Command of the Army this directive resulted -in going ahead with the drafting and working out of directions for troop -deployments for this operation. These first directions for troop -deployment were authorized on 3 February 1941 by Hitler after a report -by the Commander-in-Chief of the Army at the Obersalzberg; thereupon -they were forwarded to the troops. Later on several supplements were -issued. For the beginning of the attack the Supreme Command of the Armed -Forces had calculated the time which would make it possible for large -troop movements to be made on Russian territory. That was expected from -about the middle of May on. Preparations were made in accordance with -this. Then at the end of March this date underwent a change, when Hitler -decided, due to the development of the situation in Yugoslavia, to -attack this country. Consequently, in the orders issued at the beginning -of April 1941 this tentative date for the start of the operation. . . . - -THE PRESIDENT: I am afraid you are a little too fast. I think you had -better begin again where you said that at the end of March Hitler made a -change in the plan. - -PAULUS: [_Continuing_] Because of his decision to attack Yugoslavia, the -date foreseen for the beginning of the attack had to be postponed by -about five weeks, that is to the last half of June. And, indeed, this -attack then did take place on 22 June 1941. - -In conclusion, I confirm the fact that the preparation for this attack -on the Soviet Union, which actually took place on 22 June 1941, dated -back to the autumn of 1940. - -GEN. RUDENKO: In what way and under what circumstances. . . . - -THE PRESIDENT: One moment. Did the witness give the date? He said that -preparations for this attack had been made, and what I want to know is, -did he give the date from which it had been prepared? - -[_To the witness_] Did you give the date from which the preparations -went forward? - -PAULUS: I gave it at the beginning: From the time my personal -observations began, when I entered office, on 3 September 1940. - -GEN. RUDENKO: In what way and under what circumstances was the -participation of the satellite states secured? - -PAULUS: From personal observation, I can say the following regarding -this: - -About September 1940, just at the time when I had received this -operational study for the attack on the Soviet Union there was planned -from the outset the use of Romanian territory for the deployment of the -German right or, that is to say, south wing, and that was taken into -consideration from the outset. A military mission headed by the then -Lieutenant General of Cavalry, Hansen, was sent to Romania. A whole -panzer division, the 13th, was transferred to Romania as a training -unit. To those who knew about the plans for the future it was obvious -that this step could only serve the purpose of preparing the future -partner in the war for the task intended for him. - -Further, in regard to Hungary: - -In December 1940 Colonel Lazslo, the chief of the operational group of -the Hungarian General Staff, came to the headquarters of the Army High -Command at Zossen. He asked for a conference regarding questions of -organization. The Hungarian Army at that time was concerned with the -question of regrouping its units, which were organized in brigades, into -divisions and also with the setting up of motorized troops and of panzer -units. The chief of the Organization Division of the General Staff of -the Army, then Major General Buhle, and myself advised Colonel Lazslo. -At the same time, several Hungarian military commissions were in Berlin, -and with them also the Hungarian Minister of War, General Von Bartha, -and they discussed armament deliveries to Hungary with German -authorities. - -It was clear to all of us who were informed as to future plans that all -these measures, including the supplying of arms to other armies, were -only conceivable at that time if these weapons were to be employed in -future military projects. - -Regarding Hungary there is a further point: - -Due to the development of events in Yugoslavia, Hitler, at the end of -March 1941, decided to attack Yugoslavia. On 27 or 28 March I was called -to the Reich Chancellery in Berlin, where there had just been a -conference between Hitler, Keitel, and Jodl, in which the -Commander-in-Chief and the Chief of Staff of the Army had participated, -that is, had been ordered to be present. - -When I arrived I was advised by the Chief of Staff of the Army, General -Halder, that Hitler had decided to attack Yugoslavia in the first place -to eliminate a threat to the flank of the intended operation against -Greece, and get hold of the rail line going from Belgrade southward -through Nish, and then also with an eye to the future—to Plan -Barbarossa—to keep the right flank free from the outset. - -I was instructed to go to Vienna, taking with me a number of competent -General Staff officers of the Army, to deliver and explain pertinent -orders to German commanders, and then to travel on without fail to the -Hungarian General Staff in Budapest and to reach an understanding with -it on the deployment of German troops on Hungarian territory and the -participation of Hungarian troops in the attack on Yugoslavia. - -On 30 March, early in the morning, I arrived in Budapest and had a -conference with the Chief of the Hungarian General Staff, General Werth, -of the infantry and then with the chief of the operational group of the -Hungarian General Staff, Colonel Lazslo. These conferences went along in -good order and ended very quickly, and the desired result was achieved. -This result was then put down on maps. The map that I received from the -Hungarian General Staff contained not only the deployment of the troops -intended for the attack against Yugoslavia, but also forces on the -Carpatho-Ukrainian border, which were to be placed there to protect our -rear against the Soviet Union. - -The fact of the creation and existence of this force is a sign that even -on the side of Hungary there was the realization that an attack by -Germany against Yugoslavia would have to be considered as an aggressive -action by the Soviet Union. - -As regards the principle of calling upon Hungary in the preparation and -later in the execution of the planned operations, I learned Hitler’s -view at that time. He was of the opinion that Hungary was anxious, -through German help, to recapture and expand the areas lost in 1918; and -in addition, that she was afraid of falling behind Romania which was -allied with Germany. Hitler saw Hungary from this point of view also -with regard to his policy. But he was, as I could observe in many -instances myself, very reserved toward Hungary, and for two reasons. For -one, he did not believe Hungary could guarantee secrecy with regard to -future war plans, due to her close connections with foreign countries -hostile to Germany, and secondly, he did not want to make Hungary too -many premature promises of territory. I can cite one example: The -question of the Dragowitsch oil territory. Later, when the attack began -against Soviet Russia, the 17th German Army which was fighting at that -point had the explicit order from the Supreme Command to take the -Dragowitsch oil fields at all costs before the arrival of the -Hungarians. - -Regarding this future partner, according to my observation the procedure -of Hitler was such that he counted on her certain participation and -therefore delivered the armament to her and helped with the training, -but that he kept to himself the time when he would initiate the ally -into his plans. - -Thirdly, the Finnish question. In December 1940 the first visit of the -Chief of the Finnish General Staff, Lieutenant General Heinrichs, was -made to the headquarters of the High Command of the Army in Zossen. -Lieutenant General Heinrichs had a conference with the Chief of the Army -General Staff, the contents of which I no longer remember; but he made a -speech about the Russo-Finnish war of 1939-1940 before the General Staff -officers of the High Command of the Army, and the General Staff officers -of the Army groups who happened to be present at the time in connection -with the discussion of the military exercises. - -This speech before these General Staff officers had its great -significance at that time because of the fact that it was delivered at -the same time that Directive Number 21 of 18 December was issued. This -speech was significant, it dealt with experiences won in the war with -the Red Army and in addition gave an insight into the value of the -Finnish troops as possible future partners in the war. - -I took part in a second conference with the Chief of the Finnish General -Staff at the headquarters of the High Command of the Army in Zossen, in -the second half of May 1941. The Chief of the Finnish General Staff -arrived from Salzburg where he had had conferences with the High Command -of the Army. The subject of the subsequent conferences in Zossen with -the General Staff of the High Command of the Army was the co-operation -of the Finnish forces in the south in Plan Barbarossa—in co-operation -with Army Group North—which was to proceed from the deployment area in -East Prussia towards Leningrad. At that time the agreement was reached -that the Finnish troops in the south were to synchronize their movements -with the advance of German Army Group North and likewise that the joint -advance later against Leningrad should be subject to consultations and -agreements depending on the development of events. - -Those are the personal observations which I made regarding the first -appearance and the enlistment of allies in preparations for the -aggression. - -GEN. RUDENKO: How, and under what circumstances, was the armed attack on -the U.S.S.R. carried out—the attack which was prepared by the Hitlerite -Government and the Supreme Command of the German Armed Forces? - -PAULUS: The attack on the Soviet Union took place as I have related, -according to a plan prepared carefully and well in advance. The troops -for this attack were at first assembled in the rear of the deployment -area. By special orders they were then moved by groups into jumping-off -positions, and then took up their position along the entire long front -from Romania to East Prussia for a simultaneous attack. The Finnish -theater of war was excluded from this operation. - -Just as the large-scale operational plan, as I described it at the -beginning, was to a certain extent tried out theoretically, the detailed -employment of troops was discussed during military exercises by the -staffs of army groups, corps, and divisions and drawn up in orders down -to the details long before the beginning of the war. - -A large-scale diversion, which was to be organized in Norway and along -the coast of France was designed to simulate an invasion of Britain in -June 1941 and thus divert Russia’s attention. - -All measures were taken not only for operational but also for tactical -surprise, as for instance, the prohibition of open reconnaissance on and -across the boundary before the beginning of the war. That meant on the -one hand, that possible losses which might be caused due to the lack of -reconnaissance had to be taken into account for the sake of surprise, -but on the other hand it meant that a surprise attack across the -boundary by the enemy was not feared. - -All of these measures show that it was a question of a criminal attack. - -GEN. RUDENKO: How would you define the aims pursued by Germany in -attacking Soviet Russia? - -PAULUS: The aim to reach the Volga-Archangel line, which was far beyond -German strength, is in itself characteristic of Hitler’s and the -National Socialist leadership’s boundless policy of conquest. From a -strategic point of view, the achievement of these aims would have meant -the destruction of the armed forces of the Soviet Union. With the -winning of the line I have mentioned the main areas of Soviet Russia -with the capital, Moscow, would have been conquered and subjugated, -together with the leading political and economic center of the Soviet -Union. Economically, the winning of this line would have meant the -possession of important agricultural areas, the most important natural -resources, including the oil wells of the Caucasus and the main centers -of production in Russia, and also the main network of communications in -European Russia. - -How much Hitler was bent on taking economic objectives in this war can -best be shown from an example out of my personal experience. - -On 1 June 1942, on the occasion of a conference of commanders-in-chief -in the region of Army Group South in Poltava, Hitler declared, “If I do -not get the oil of Maikop and Grosny, then I must end this war.” - -For the utilization and the administration of the territories to be -conquered, economic and administrative organizations had already been -formed and were kept in readiness long before the beginning of the war. - -To summarize I should like to state that the objectives given indicate -the conquest of the Russian territories for the purpose of colonization -with the utilization and spoliation of and with the resources of which -the war in the West was to be brought to a conclusion, with the aim of -finally establishing domination over Europe. - -GEN. RUDENKO: And one last question: Whom do you consider as guilty of -the criminal initiation of the war against Soviet Russia? - -PAULUS: May I please have the question repeated? - -GEN. RUDENKO: I repeat the question. . . . - -THE PRESIDENT: The Tribunal is about to address an observation to -General Rudenko. The Tribunal thinks that a question such as you have -just put, as to who was guilty for the aggression upon Soviet territory, -is one of the main questions which the Tribunal has to decide, and -therefore is not a question upon which the witness ought to give his -opinion. - -Is that what Counsel for the Defense wish to object to? - -DR. LATERNSER: Yes, Mr. President, that is what I want to do. - -GEN. RUDENKO: Then perhaps the Tribunal will permit me to put this -question rather differently. - -THE PRESIDENT: Yes. - -GEN. RUDENKO: Who of the defendants was an active participant in the -initiation of a war of aggression against the Soviet Union? - -PAULUS: Of the defendants, as far as I observed them, the top military -advisers to Hitler. They are the Chief of the Supreme Command of the -Armed Forces, Keitel; Chief of the Operations Branch, Jodl; and Göring, -in his capacity as Reich Marshal, as Commander-in-Chief of the Air -Forces and as Plenipotentiary for Armament Economy. - -GEN. RUDENKO: In concluding the interrogation I shall make a summary. -Have I rightly concluded from your testimony, that long before 22 June -the Hitlerite Government and the Supreme Command of the Armed Forces -were planning an aggressive war against the Soviet Union for the purpose -of colonizing the territory of the Soviet Union? - -PAULUS: That is beyond doubt according to all the developments as I -described them, and also in connection with all the directives issued in -the well-known Green File. - -GEN. RUDENKO: I have no more questions, Mr. President. - -THE PRESIDENT: Does any member of the French Prosecution wish to ask any -questions? - -FRENCH PROSECUTOR: No. - -THE PRESIDENT: The British? - -BRITISH PROSECUTOR: No. - -THE PRESIDENT: The United States? - -UNITED STATES PROSECUTOR: No. - -THE PRESIDENT: Any member of the defendants’ counsel? - -DR. LATERNSER: Mr. President, as Counsel for the General Staff, I ask -you to afford me the opportunity to examine the witness tomorrow -morning. The presentation of the witness by the Prosecution came as a -surprise to the defendants’ counsel, at any rate, and I think a -consultation about the questions to be asked, especially in view of the -importance of the testimony, is absolutely necessary. I therefore ask to -be permitted to conduct the cross-examination at the beginning of -tomorrow morning’s session. - -THE PRESIDENT: General Rudenko, if the Prosecution has no objection, the -Tribunal thinks that this application ought to be granted. - -GEN. RUDENKO: If the Tribunal so wishes, the Prosecution will not -object. - -THE PRESIDENT: Yes, very well. I don’t know whether any other member of -the defendants’ counsel would prefer to cross-examine now. - -DR. NELTE: Mr. President, I assume that all defendants’ counsel may -conduct their cross-examination of the witness, General Paulus, tomorrow -morning? - -THE PRESIDENT: Yes, certainly. I was only asking whether any other -member of the defendants’ counsel would prefer to cross-examine now. - -DR. NELTE: I personally would be able to put my questions after the -recess. - -THE PRESIDENT: Very well. Then the witness can retire and the case will -go on. He will be recalled tomorrow morning and in the meantime you will -go on with your case. - -[_The witness left the stand, and Major General Zorya approached the -lectern._] - -THE PRESIDENT: General, you won’t, I presume, think it necessary to read -any more of Field Marshal Paulus’ statement, will you? - -GEN. ZORYA: No. - -THE PRESIDENT: Very well, go on, then. - -GEN. ZORYA: Referring to the explanation concerning the beginning of the -criminal attack of Fascist Germany on the Soviet Union, I should like to -remind the Tribunal that in the morning session of the Tribunal on 30 -November 1945, the witness, Lahousen, was interrogated and gave evidence -of sufficient interest in our case. - -Among other things, this witness, when enumerating the more intimate -members of the inner circle of Admiral Canaris, Chief of the -Intelligence and Counterintelligence Services of the German Army, -mentioned Pieckenbrock by name. - -I present to the Tribunal as Document Number USSR-228, the testimony of -the former chief of Section I of the German Military Intelligence and -Counterintelligence Services, Lieutenant General of the former German -Army, Hans Pieckenbrock, former chief and colleague of Lahousen. -Pieckenbrock gave this testimony in the order prescribed by the laws of -the Soviet Union, in Moscow, on 12 December 1945. - -For the moment I should like to read a few lines only into the record -from Pieckenbrock’s testimony, relating to the matter which we are now -investigating. These lines are on Page 1 of the Russian text of his -testimony and they are marked with a red pencil. This Page 1 corresponds -to Page 34 of the document book. - - “I must say”—said Pieckenbrock—“that already since August and - September 1940 the Foreign Armies East of the General Staff of - the Army began to increase considerably its intelligence - assignments to the Abwehr concerning the U.S.S.R. These - assignments were unquestionably connected with the preparation - of war against Russia. - - “The more precise dates for Germany’s attack on the Soviet Union - I learned in January 1941 from Canaris. I do not know what - sources Canaris used, but he told me that the attack on the - Soviet Union was fixed for 15 May.” - -The Soviet Prosecution also has at its disposal the testimony of the -former chief of Department III of the German Military Intelligence and -Counterintelligence Services, Lieutenant General Franz von Bentivegni of -the former German Army, which was given by him on 28 December 1945. I -present those documents under Document Number USSR-230. - -I shall at the same time also only read into the record those parts of -Bentivegni’s testimony underlined in red pencil, which have a direct -bearing on the beginning of military preparations against the Soviet -Union. These first two excerpts of the testimony are on Page 37 in the -document book which is submitted to the Military Tribunal: - - “I learned first of Germany’s preparation for a military attack - on the Soviet Union in August 1940, from the head of the German - Intelligence and Counterintelligence Service, Admiral Canaris. - In an unofficial conversation which took place in Canaris’ - office he told me that Hitler had started to take measures for - an Eastern campaign, which he had spoken about as early as 1938 - in his speech at a meeting of Gauleiter in Berlin. - - “Canaris said to me that these plans of Hitler’s had now begun - to take concrete form. This was evident from the fact that - divisions of the German Army were being forwarded in large - numbers from the West to the eastern frontiers and, in - accordance with a special order by Hitler, were taking up - positions from which to start the coming invasion of Russia.” - -These are the first two paragraphs of Bentivegni’s testimony. - -And finally, in order to finish with the question of the actual time of -fascist Germany’s military preparations for the treacherous attack on -the Soviet Union, I should like to dwell for a moment on the testimony -of General Müller. This testimony, dated 8 January 1946, was written in -a camp for prisoners of war. I present it to the Tribunal as Document -Number USSR-149. - -All the material to which I have so far referred emanated from circles -of the highest commanding officers of the German Army. - -THE PRESIDENT: General, on this document of General Müller, does it -appear where that document was made and where General Müller is now? - -GEN. ZORYA: The photostat bears a date written in General Müller’s hand. -This date is 8 January 1946. - -THE PRESIDENT: Where? - -GEN. ZORYA: If I might have a look at the photostatic copy which I have -just presented to the Tribunal, I would be able to tell you where the -date is written. - -THE PRESIDENT: Yes, but there are many prisoners-of-war camps. We want -to know which one and where it is. - -GEN. ZORYA: In a camp located near Moscow. - -THE PRESIDENT: Has this document got any authenticating signature on it -at all? So far as we are concerned, isn’t it simply a photostatic copy -of a writing by somebody? - -GEN. ZORYA: Mr. President, this document, like all other documents which -have been submitted so far by the Soviet Delegation, is a noncertified -photostatic copy. - -Taking into consideration the wish of the Tribunal and in execution of -this wish the Soviet Prosecution took measures to ensure that only the -originals of these documents or documents whose authenticity is -certified will be presented in complete order to the General Secretary. -This will be done in the course of several days and all the material -will be given in best order to the General Secretary. - -THE PRESIDENT: Can you tell us where the writer of the document is now? - -GEN. ZORYA: I am hardly in a position to say more than I have already. -If the Tribunal will permit me, I can consult my colleagues, make -inquiries, and report to the Tribunal as soon as possible on the -general’s whereabouts. - -THE PRESIDENT: Well, we will adjourn now. That will enable you to -consult your colleagues. - - [_A recess was taken._] - -DR. NELTE: Mr. President, to my regret I must present the same -objections to this document submitted by the prosecutor of the Soviet -Union under USSR-149, and must submit the same request which I made this -morning. As far as I know, the High Tribunal have not yet made a -decision in regard to this question. - -THE PRESIDENT: I beg your pardon, Dr. Nelte. The Tribunal has already -made a decision. - -I think it would be better if, when defendants’ counsel go to the place -from which they wish to speak, they would arrange these earphones before -they speak. - -I say the Tribunal has already made a decision which governs this case. -They pointed out the other day to counsel for the Soviet Union that -documents which were not identified as authentic documents, must be -identified as authentic, and the Soviet prosecutor at that time -undertook to certify that all documents which he made use of were -certified as authentic documents. And if they are not so certified, they -will be struck out of the record. That ruling applies to this document. - -This document is a document which appears to be a document, a letter, or -report to the Government of the Soviet Union, but it does not contain -upon its face any certification showing that it is an authentic -document. The Counsel for the Soviet Union said before we adjourned, -that he undertook—as he had already undertaken—to produce a -certificate that the document was an authentic document; that is to say, -that it was written by the person who purported to write it, and in -those circumstances, the Tribunal accepts the document provisionally. - -If no such certificate is forthcoming, then the document will be -stricken from the record. - -DR. NELTE: If I understand you correctly, the Tribunal will accept a -letter written to the Soviet Government or a statement as documentary -evidence for the contents of this statement. - -THE PRESIDENT: Certainly. I have already said provided that it is -certified as an authentic document. I have said that more than once. - -DR. NELTE: In this way, every letter sent to the Prosecution or the -Government of the Soviet Union or to any other Prosecution would become -documentary evidence by the certification that it has actually been -written by the person who signed it, which would make it impossible for -the Defense to cross-examine the witness. - -THE PRESIDENT: That depends on where the witness is. We are dealing with -witnesses who are scattered all over the globe, and as we are informed -that it is not the practice in the Soviet Union for affidavits to be -made in such cases, the Tribunal considers such a document to fall -within Article 19—provided it is an authentic document. - -We are affording the defendants’ counsel the greatest assistance in -bringing witnesses to this Court, but we cannot undertake to bring -witnesses from all over the world upon questions which are very often of -very little importance. - -DR. NELTE: I quite appreciate the difficulties, and I am grateful to the -Tribunal for their willingness to assist us. Therefore I only request to -ascertain in each case where the person, who has made that statement, -has his residence, so that the Defense may try to reach him. - -THE PRESIDENT: Yes. If the witness is in, or in the immediate vicinity -of, Nuremberg, the Tribunal would think that it was only fair, if such a -document as this were to be put in evidence, that he should be produced -for examination or cross-examination by the defendants’ counsel, but we -do understand that the man who wrote this letter is not in the vicinity -of Nuremberg. We have no reason to think he is, and I am reminding -defendants’ counsel that they can always apply, if they think right, to -issue interrogatories which would be put to any such person as this who -has written such a document as this. - -DR. NELTE: Thank you. - -GEN. ZORYA: I have availed myself of the recess to make inquiries about -General Müller. General Müller is in a prisoner-of-war camp, Number 27, -in Krasnogorsk, in the Moscow region. - -May I continue my statement? - -THE PRESIDENT: Certainly. - -GEN. ZORYA: All the material, Your Honors, which I have mentioned to -date emanated from circles of the Supreme Command of the German Armed -Forces. If I can so express myself, General Müller belonged to the -middle category of German generals. He was Chief of Staff of an army; he -commanded an army group. His testimony reflects a series of events which -may be considered worthy of attention, since they explain the -circumstances accompanying Germany’s preparations against the Soviet -Union. - -I wish to refer to Page 40 of the document book. There you will find the -first page of General Müller’s statement. The first paragraph, Page 1, -of the statement is marked with red pencil. I now proceed to quote from -it: - - “The preparation for the attack on the Soviet Union began as - early as July 1940. At that time I was first general staff - officer in the staff of Army Group C at Dijon in France. General - Field Marshal Von Leeb was commander-in-chief. This army group - consisted of the 1st, 2d, and 7th Armies, which were occupation - armies in France. Besides this, Army Group A (Rundstedt), whose - task was to prepare ‘Case Sea Lion’ (the invasion of England by - Army Group B—Von Bock) was also in France. The staff of Army - Group B was transferred to the East (Posen) during July and was - given the following forces, transferred from France—part of the - armies of occupation: The 12th Army Command (List), 4th Army - Command (Von Kluge), and 18th Army Command (Von Küchler), plus - several general commands and about thirty divisions. A greater - part of this number was taken from Army Group C (Von Leeb). - - “Directly after the campaign in the West, the OKH gave the order - for the demobilization of 20 divisions. This order was - cancelled, and the 20 divisions were not demobilized. Instead of - this, after their return to Germany they were sent on leave, and - thus kept ready for rapid mobilization. - - “Both measures, the transfer of about five hundred thousand men - to the Russian frontier and the cancellation of the order - disbanding about three hundred thousand men, show that already - in July 1940 plans existed for war operations in the East. - - “The next order which gives evidence of Germany’s preparations - for attacking the Soviet Union, was the written OKH order issued - in September 1940 regarding the formation in Leipzig of a new - army command (A.O.K. 11) of several general commands and about - forty divisions and panzer divisions. The forming of these units - was carried out from September 1940 onwards by the commander of - the reserve army (Generaloberst Fromm), partly in France, but - mainly in Germany. Towards the end of September 1940 the OKH - called me to Fontainebleau. The Chief Quartermaster I in the - General Staff of the Army, then Lieutenant General (afterwards - Field Marshal) Paulus, informed me, at first orally, of the - order that my staff (Army Group C) was to be transferred to - Dresden by 1 November and that Army High Command II - (Generaloberst Weichs) which was under the command of the staff, - should be transferred at the same time to Munich. The task was - the leading of training of the above-mentioned 40 divisions - which were to be newly created. - - “In accordance with this order, confirmed later by signature by - the Chief of the General Staff Halder, the transfer of these - units was carried out on time. These 40 divisions were put into - action in the invasion of the Soviet Union.” - -Thus initiated, the preparation for the military attack on the Soviet -Union was carried out at a heightened tempo and with customary German -pedantry. - -I would, Your Honors, remind the Tribunal that the witness, Paulus, -stated at this session that in August 1940 the elaboration of the -previous plan of attack on the Soviet Union, known as Plan Barbarossa, -was already so far advanced as to render possible the conducting of two -military exercises under the direction of Paulus. - -THE PRESIDENT: General, I don’t think it is necessary to read the -statement of Field Marshal Paulus, as he has already given the evidence -in the witness box. - -GEN. ZORYA: I am not reading it into the record. I am merely referring -to a circumstance which will enable me to proceed to General Müller’s -statement that this system of military exercises, which originated in -the General Staff of the German Army, eventually spread over the entire -Army and that the entire armed forces participated in the execution of -these games which, _per se_, were already a preparation for the attack -on the Soviet Union. I am reading into the record that passage of the -statement which is underlined in blue pencil, Page 41 of the bundle of -documents: - - “Insofar”—General Müller states—“as in the future the Army was - to attack the Soviet Union, the first plan was to train soldiers - and general staff officers. - - “Towards the end of January 1941 I received telegraphic orders - from the Chief of the General Staff Halder to attend the - military exercises of Rundstedt’s army group at St. Germain, - near Paris. The object of this military exercise was the attack - and advance from Romania and South Poland in the direction of - Kiev and southwards. The plan had in mind the intention also of - the participation of Romanian troops. In the main this military - exercise anticipated the conditions of the future order - concerning the strategic deployment of forces, to which I will - refer later. - - “The director of the military exercises was the Chief of the - General Staff of the Rundstedt army group. There were present: - Rundstedt, Halder, the Chiefs of the General Staff of the 6th - Army, Colonel Heim, of the 11th Army, Colonel Wöhler, and of - Kleist’s tank group, Colonel Zwickler and several generals of - the panzer forces. The military exercises were held at the place - occupied by Rundstedt’s army group, approximately between the - 31st January and 2d February 1941. The exercise demonstrated the - necessity for a strong concentration of tank forces.” - -The documents I have presented to date characterize the measures of the -military command of the German Armed Forces for the preparation of the -strategic deployment of the German armies for launching an attack -against the Union of the Soviet Socialist Republics. - -As for time, these measures embraced a considerable period of 1940 and -were put into action at least 6 months prior to the appearance on the -scene of Directive Number 21 concerning the Plan Barbarossa. - -I shall now proceed to the second group of documents presented by the -Soviet Prosecution which characterize the espionage measures undertaken -by the fascist conspirators in preparation for war against the Soviet -Union. - -Trend and task of espionage work in connection with Plan Barbarossa -were, as we know, determined by a directive from the Supreme Command of -the German Armed Forces, addressed to counterintelligence on 6 September -1940 and signed by the Defendant Jodl. - -This document was presented by the American Prosecution under Number -1229-PS; it is to be found on Pages 46 and 47 of our document bundle. I -do not intend to quote this document again, but I do consider it -essential to remind you that in it the intelligence organizations demand -that the regrouping of armies on Germany’s Eastern front should be -camouflaged in every possible way and that the Soviet Union should -remain under the impression that action of some kind was brewing against -the Balkans. - -The activities of the intelligence organizations were strictly -regulated. These activities included measures for concealing, as far as -possible, the number of German forces in the East and of giving an -impression of insignificant concentrations in the north of the Eastern -provinces, at the same time conveying the impression of very -considerable concentrations of forces in the southern part, in the -Protectorate and in Austria. - -The necessity was pointed out of creating an exaggerated impression of -the number of antiaircraft units and of the insignificant extent of -roadbuilding activities. - -I here take the liberty of making two pertinent observations. According -to Pieckenbrock’s testimony, the intensification of the work of this -intelligence organization against the Soviet Union began prior to the -appearance of this directive in August 1940. And this work, of course, -was not limited to the spreading of false information on the regrouping -of forces from West to East. - -I beg you, Your Honors, to revert to the testimony, which I have already -presented, of the former Chief of Department III of the Intelligence and -Counterintelligence Services of the German Armed Forces, Von Bentivegni. - -On Pages 1, 2, and 3 of the Russian text of Bentivegni’s deposition, it -is said—I quote the passage underlined in blue pencil—beginning at the -last paragraph, Page 1 of the document which corresponds to Page 37 of -the document book: - - “In connection with this, as early as November 1940 I received - from Canaris orders to intensify the work for - counterintelligence in the localities where concentration of the - German armies on the Soviet German frontier was taking place.” - -On Page 2 of the statement, Page 38 of the document book, Paragraph 1, -Bentivegni continues: - - “In accordance with this order, I immediately gave a - corresponding order to the German Abwehr agencies, Danzig, - Königsberg, Posen, Kraków, Breslau, and Vienna.” - -And finally, on Page 3 of the statement, which corresponds to Page 39 of -the document book, I read: - - “In March 1941 I received from Canaris the following directives - for the preparations for the execution of the Plan Barbarossa. - - “a) Preparation of all links of Abwehr III for carrying out - active counterintelligence work against the Soviet Union, as for - instance the creation of the necessary counterintelligence - groups, their distribution among various fighting units intended - for taking part in the operations on the Eastern front, and - paralyzing the activity of the Soviet intelligence and - counterintelligence organs. - - “b) Spreading false information via their foreign intelligence - agencies, partly by creating the semblance of an improvement in - relations with the Soviet Union and of preparations for a blow - against Great Britain. - - “c) Counterintelligence measures to keep secret the preparations - being made for war with the Soviet Union and to ensure that the - transfer of troops to the East be kept secret.” - -The same question is touched upon in the minutes of the interrogation of -the Chief of the Intelligence and Counterintelligence Department I of -the German Army, Pieckenbrock, which I have already presented in -evidence. This statement contains the following passage regarding the -activities of the intelligence service of the German Army in connection -with the preparations for the realization of Plan Barbarossa. I would -refer you to Page 35 of the document book and to Paragraph 2 from the -top. This corresponds to Page 2 of Pieckenbrock’s testimony. -Pieckenbrock states: - - “In March 1941 I was present at a conversation between Canaris - and the chief of the espionage detachment (Abwehr II), Colonel - Lahousen, about measures connected with Plan Barbarossa. During - this conversation they kept referring to a written order on this - subject, which Lahousen had. I, personally, as head of Abwehr I, - beginning in February 1941 and up to 22 June 1941, more than - once had official talks with the Chief Quartermaster IV, - Lieutenant General Tippelskirch, and with the head of the - detachment Foreign Armies East, Colonel Kienzl. These - conversations dealt with the more precise definition of various - tasks assigned to Abwehr, with regard to the Soviet Union, and - in particular with the verification of old intelligence data - about the Red Army, and also details about the dislocation of - the Soviet armies during the period of preparation of the attack - on the Soviet Union.” - -I now skip one paragraph of Pieckenbrock’s statement and read further: - - “All Abwehrstellen which were working with the espionage against - Russia were given the task of intensifying the dispatch of - agents to the U.S.S.R. A similar task—the intensification of - espionage work against Russia—was given to all intelligence - organs existing in the armies and army groups. For the more - successful direction of all these field Abwehr organs, a special - intelligence staff was created in May 1941 under the code name - of Wally I. This staff was in the vicinity of Warsaw in the - village Sulajewek. Major Baun, as the best specialist on work - against Russia, was appointed chief of the staff of Wally I. - Later, when following our example, Abwehr II and Abwehr III had - also established staffs Wally II and Wally III, this organ - became known as a whole staff Wally, and directed the entire - intelligence, counterintelligence, and diversionary work against - the U.S.S.R. as a staff had to become active in the front line. - At the head of staff ‘Wally’ was Lieutenant Colonel - Schmalschläger.” - -I now pass on to the last paragraph of Pieckenbrock’s statement on Page -36 of the document book: - - “From numerous reports given by Colonel Lahousen and Canaris, at - which I was also present, I know that a great amount of - preparatory work for the war with the Soviet Union was carried - out by this department. In the period of February to May 1941 - many conferences of the leaders of Abwehr II took place at the - quarters of Jodl’s deputy, General Warlimont. They were held in - a cavalry school in Krampnitz. One particular question settled - at these conferences in accordance with the needs of the war - with Russia, was that of increasing the special task units, - Brandenburg 800, and of distributing contingents of these units - among the individual army groups.” - -In Pieckenbrock’s testimony which has just been read into the record, -special attention is drawn to his references to the special tasks with -which Lahousen’s department had been entrusted, and to special task -units known under the code name of Brandenburg 800. - -Here these points are clarified by the testimony of a former colonel of -the German Army, Erwin Stolze, who was Lahousen’s deputy in Department -II, Ausland Abwehr, attached to the Supreme Command of the German Armed -Forces. Stolze was taken prisoner by the Red Army. I wish to submit to -the Tribunal as evidence Stolze’s testimony of 25 December 1945, which -was given to Lieutenant Colonel Burashnikov, of the Counterintelligence -Service of the Red Army and which I submit to the Tribunal as Document -Number USSR-231 (Exhibit Number USSR-231), which I beg you to accept as -evidence. I shall read into the record individual extracts from this -testimony which are underlined in red pencil. I begin the quotation from -Page 48 of the document book. Stolze testified as follows: - - “I received instructions from Lahousen to organize and to lead a - special group under code name ‘A,’ which had to engage in the - preparation of diversionary acts and in the work of - disintegration of the Soviet rear in connection with the - intended attack on the U.S.S.R. - - “At the same time, in order that I should become acquainted with - it and for my guidance, Lahousen gave me an order which came - from the Operational Staff of the Armed Forces and which - contained basic directives for the conduct of subversive - activities in the territory of the U.S.S.R. after Germany’s - attack on the Soviet Union. This order was signed by Field - Marshal Keitel and initialed by General Jodl (or by General - Warlimont on Keitel’s instructions—I do not quite remember - which.)” - -I am omitting two lines which are irrelevant to our case and read on: - - “It was pointed out in the order that for the purpose of - delivering a lightning blow against the Soviet Union, Abwehr II, - in conducting subversive work against Russia, with the help of a - net of V men, must use its agents for kindling national - antagonism among the people of the Soviet Union.” - -I now request you to turn over the page and on Page 49 in the document -book on Page 2 of the minutes of the interrogation, and to note the -following passages in his testimony: - - “In carrying out the above-mentioned instructions of Keitel and - Jodl, I contacted Ukrainian National Socialists who were in the - German Intelligence Service and other members of the nationalist - fascist groups, whom I roped in to carry out the tasks as set - out above. - - “In particular, instructions were given by me personally to the - leaders of the Ukrainian Nationalists, Melnik (code name ‘Consul - I’) and Bandara, to organize immediately upon Germany’s attack - on the Soviet Union, and to provoke demonstrations in the - Ukraine in order to disrupt the immediate rear of the Soviet - armies, and also to convince international public opinion of - alleged disintegration of the Soviet rear. - - “We also prepared special diversionist groups by Abwehr II for - subversive activities in the Baltic republics of the Soviet - Union.” - -I must again request you to turn over the page. On Page 50 in the -document book, beginning with the third line from the top you will find -Stolze’s testimony: - - “Apart from this, a special military unit was trained for - subversive activities on Soviet territory, a special duty - training regiment for special tasks, Brandenburg 800, under the - immediate command of the head of Abwehr II, Lahousen. Among the - objects of this special unit, created in 1940, was the seizure - of operationally important points, such as bridges, tunnels, and - important military installations, and holding them till the - arrival of the advance units of the German Army. - - “Contrary to the international rules governing the conduct of - war, the personnel of this regiment, mainly composed of Germans - from beyond the border, made extensive use of enemy uniforms and - equipment in order to camouflage their operations. - - “During the course of preparations for Germany’s attack on the - U.S.S.R., the command of the Brandenburg Regiment also collected - supplies of Red Army uniforms, equipment, and arms, and - organized separate detachments of Germans acquainted with the - Russian language.” - -Your Honors, the testimonies of Stolze, Bentivegni, and Pieckenbrock, -which I have presented in evidence, disclose the working methods of the -German Intelligence Service in the preparation and execution of Plan -Barbarossa. - -I shall not detain the Tribunal any further with these questions. But -before proceeding to a further presentation, I should like to point out -that the department of the Defendant Kaltenbrunner was likewise -interested in intelligence work. I shall limit myself to submitting one -document which is typical of the manner in which the Hitlerites, by -exploiting their connections, created difficulties in Iran, through -which country, as was known, the supply routes passed for the delivery -to the U.S.S.R. of motor vehicles and war material of the most varied -nature. - -The document, which I intend to submit to the Tribunal as Exhibit Number -USSR-178 (Document Number USSR-178) was taken by us from the German -Foreign Office archives, which fell into the hands of advance units of -the Red Army. This document is the Defendant Kaltenbrunner’s letter to -the Defendant Von Ribbentrop. The letter is typed on a sheet of note -paper with the letterhead of the Chief of the Security Police and SD. In -the document book before you, you will find this document on Page 52. I -read into the record the underlined extracts from this letter: - - “28 June 1943; top secret. - - “To the Foreign Minister Herr Von Ribbentrop; Berlin; Object: - Elections to the Iranian Parliament. - - “Most honorable Herr Reich Minister: We have made direct contact - with Iran and have received information on the possibilities of - exercising German influence on the course of the imminent - Iranian parliamentary elections.” - -And a few lines further on it is stated: - - “In order to exercise a decisive influence on the results of the - elections, bribery is necessary. For Teheran 400,000 tomans, and - for the rest of Iran at least 600,000 tomans are - necessary. . . . It should also be noted that nationally - oriented Iranian circles expect the intervention of Germany. - - “I beg you to inform me whether it is possible to obtain one - million tomans from the Foreign Office. This money can be sent - by the people whom we are sending there by airplane. - - “Heil Hitler. Yours devotedly, Kaltenbrunner, SS - Obergruppenführer.” - -This document will help you to form an idea of the range of questions -which interested the Reich Foreign Minister. Such a peculiar activity of -the Foreign Office was not in the nature of a chance episode. - -In the course of time, the collaboration of the German Foreign Office -and of the Reich Führer SS waxed in strength and developed more and -more. As a result, a very curious document appeared, which might be -considered as an agreement between Himmler and Ribbentrop on the -organization of espionage work. - -I submit this document as Exhibit Number USSR-120 (Document USSR-120), -and request the Tribunal to accept it as documentary evidence. This -document is on Page 53 and 55 of the document book before you. The text -of this agreement will be read into the record with a few remarks. The -text of the agreement reads: - - “By the order dated 12 February 1944, the Führer has entrusted - the Reich Führer SS with the creation of a unified German Secret - Intelligence Service. The Secret Intelligence Service has as its - purpose, so far as foreign countries are concerned, to get - information in the political, military, economic, and technical - spheres for the Reich. In addition, the Führer has established - that the direction of the Intelligence Service, insofar as - foreign countries are concerned, must be conducted in agreement - with the Foreign Minister. In this connection, the following - agreement between the Reich Foreign Minister and the Reich - Führer SS had been reached: - - “1. The Secret Intelligence Service of the Reich Führer SS - represents an important instrument for obtaining information in - the sphere of foreign politics, and this instrument is placed at - the disposal of the Foreign Minister. The first condition for - this is close, comradely, and loyal co-operation between the - Foreign Office and the main office of the Reich Security - Service. The collection of information on foreign politics by - the diplomatic service is not affected by this. - - “2. The Foreign Office places at the disposal of the main office - of the Reich Security Service the information on the situation - in the field of foreign politics necessary for the conduct of - the Intelligence Service and the directive regarding German - foreign policy. It hands over to the main office of the Reich - Security Service its intelligence and other tasks in the sphere - of foreign policy, which are to be performed by the organs of - the Secret Intelligence Service. - - “3. Intelligence material in the field of foreign politics, - obtained by the Secret Intelligence Service, is placed. . . .” - -THE PRESIDENT: Wouldn’t it be a sufficient summary of this document with -which you are dealing to say that it is a document signed by Himmler and -Ribbentrop and that it shows that there was a unification of the German -Secret Intelligence Service? The details of that unification are not -really a matter which very much concerns this Tribunal, and therefore, -as we are directed by the Charter to be as expeditious as possible, it -is not necessary to read all the details of this unification. - -GEN. ZORYA: I summarize this document and would add that this agreement, -signed by Himmler and Ribbentrop, created such a state of affairs that -it became extremely difficult to differentiate prevailing conditions in -fascist Germany or to distinguish where Himmler’s Gestapo service ended -and the Foreign Office activities of the Defendant Ribbentrop began. - -I shall now, with the permission of the Tribunal, proceed to the -presentation of the next document. The document which I have just -read—I am referring to the Himmler-Ribbentrop agreement concerning the -conduct of intelligence work abroad—also justifies the assumption that -under the name of German diplomatic representation in such countries -which maintained normal diplomatic relations with Germany, a whole -intelligence network of the Gestapo was actively functioning. - -If this summary, in the opinion of the Tribunal, corresponds to the -contents of the document, I shall proceed to the following section of -the report, “The Satellites of Germany.” - -When Plan Barbarossa was read into the record in Court, there was one -part of the entire case which, in my opinion, received comparatively -little attention. I refer to Part II of Plan Barbarossa, Document Number -446-PS. This part bears the name of “Presumed Allies and Their Tasks.” I -should like, here and now, to draw the attention of the Tribunal to the -questions touched on in this part. In the first place, I consider it -essential to remind you of the contents of this part by repeating it. -Document Number 446-PS, Plan Barbarossa, is on Page 14 of the bundle of -documents submitted to the Tribunal. I consider it essential to read out -Part II of this case: - - “1. On the flanks of our operation, we can count upon the active - participation of Romania and Finland in the war against Soviet - Russia. - - “The Supreme Command of the German Armed Forces will, at the - appropriate time, settle and lay down in what way the armed - forces of the two countries will be subordinated to the German - command on their entry into the war. - - “2. Romania’s task will be to tie up, in co-operation with the - group of the armed forces advancing there, the enemy forces - facing her, and, for the rest, to maintain the auxiliary - services in the rear area. - - “3. Finland will have to cover the advance of the German - northern landing group (units of Group XXI) due to arrive from - Norway, and then operate together with it. In addition, it will - be up to Finland to eliminate Hangö. - - “4. It is possible to count upon the Swedish railways and coal - being available for the movements of the German northern group - not later than the beginning of the operation.” - -In the speech of the Chief Prosecutor from the U.S.S.R., General -Rudenko, attention was drawn to the opening sentence of this section: - - “On the flanks of our operation, we can count upon the active - participation of Romania and Finland in the war against Soviet - Russia.” - -This justified the Chief Prosecutor of the U.S.S.R. in pointing out in -his speech that on 18 December 1940, the date of the Barbarossa -document, Romania and Finland were already following in the wake of the -predatory policy of the Hitlerite conspirators. - -There is only one more document which was submitted by the United States -Prosecution and which mentioned Germany’s presumed allies in her -aggression against the U.S.S.R. - -This document, numbered C-39, is entitled “Provisional Case Barbarossa.” -It is, as the Defendant Keitel pointed out in his covering letter, a -timetable for the preparations of Plan Barbarossa after June 1941. This -timetable was confirmed by Hitler. The text of this plan is on Page 57 -of the document book. In Part II of this document, entitled -“Negotiations with Friendly Powers,” we read: - - “a) A request has been sent to Bulgaria not to reduce to any - large extent the units stationed for security reasons on the - Turkish frontier. - - “b) The Romanians have begun, at the instigation of the - Commander-in-Chief of the German troops in Romania, a partial, - camouflaged mobilization in order to be able to close their - frontiers against a presumed attack by the Russians. - - “c) Hungarian territory will be used for the deployment of Army - Group South only insofar as it would be expedient for - introducing German units to link up the Hungarian and Romanian - forces. Until the middle of June, however, no representations on - this subject will be made to Hungary. - - “d) Two German divisions have been deployed in the eastern part - of Slovakia; the next ones will be unloaded in the area of - Prosov. - - “e) Preliminary negotiations with the Finnish general staff take - place as from 25 May.” - -Mr. President, in order to correlate the following documents with the -testimony given by Paulus, I shall merely refer to the fact that this -witness testified to the previous preparations for military aggression -in that fortress which was Romania, thereby proving that corresponding -measures for the reorganization of the Romanian Army, founded in the -image and pattern of the German Army, were taken in September 1940 when -a special military mission was sent to Romania. The chief of this -mission was Cavalry General Hansen. His Chief of Staff was Major General -Hauffe, his chief quartermaster Major Merk. Major General Von Rotkirch -commanded the 13th Panzer Division. - -The task of this military mission was the reorganization of the Romanian -Army and its preparation for the subsequent attack on the Soviet Union -in the spirit of Plan Barbarossa. The preliminary trend of this task, as -Paulus has testified, was given to Hansen and his Chief of Staff by -Paulus and they got the last directives from the Commander-in-Chief, -Field Marshal Von Brauchitsch. - -General Hansen received directives from two sources: from the OKW where -his military mission was concerned, and from the OKH in all questions -dealing with the Army. Directives of a military and political nature -were received only from the OKW. - -The military mission acted as liaison between the German and the -Romanian general staffs. - -The form assumed by the agreement and, even more, the publication of the -true aims of high-ranking fascist leaders in the country, did not always -suit the satellites. - -I now present, as Exhibit Number USSR-233 (Document Number USSR-233), -the minutes of a conversation between Ion Antonescu and the Defendant -Ribbentrop which took place on 12 February 1942. This document was taken -from the personal archives of Marshal Antonescu which were captured by -the advance units of the Red Army. This document, Your Honors, figures -on Pages 59-62 of your document book. - -In connection with Ribbentrop’s speech in Budapest on the subject of -Transylvania, Antonescu makes the following annotation in the course of -this speech—last paragraph, Page 2 of the Russian text of the document, -Page 60 of the document book: - - “Without hesitation, I stressed the point that as early as 6 - September, when I took over the government of the country, - supported only by Monsieur Mihai Antonescu, I declared, without - asking the opinion of my people, that we must follow a policy of - adherence to the Axis powers. I said that this was the only - example in the history of nations when two persons dare to make - an open declaration and to call upon their people to follow a - policy which no doubt could only appear odious. . . .” - -When making this cynical entry, Ion Antonescu could hardly have expected -it to receive such wide publicity. - -Mr. President, I intend to read into the record a long document which -will take considerable time. - -THE PRESIDENT: We will adjourn now. - - [_The Tribunal adjourned until 12 February 1946 at 1000 hours._] - - - - - FIFTY-SEVENTH DAY - Tuesday, 12 February 1946 - - - _Morning Session_ - -THE PRESIDENT: General Rudenko, you were going to recall the witness who -was being called yesterday, Field Marshal Paulus, were you not, so that -the defendants’ counsel may have the opportunity of questioning him? -Will you do that now? - -GEN. RUDENKO: Yes, according to the wish of the Tribunal the witness is -in the Palace of Justice. - -[_The witness, Paulus, took the stand._] - -THE PRESIDENT: Field Marshal Paulus, I want to remind you that you -should pause after the question that has been asked you before you -answer it, in order that the translation shall get through. Do you -follow what I mean? - -PAULUS: I have understood. - -DR. NELTE: Witness, I should like to ask several questions. On 3 -September 1940, you came as Chief Quartermaster I to the High Command of -the Army; is that correct? - -PAULUS: That is correct. - -DR. NELTE: Who was the Commander-in-Chief of the Army at that time? - -PAULUS: It will be very well known to you that at that time the -Commander-in-Chief of the Army was Field Marshal Von Brauchitsch. - -DR. NELTE: I believe that the phraseology that you have used is not -correct because I did not put this question for any other reason than -just to explain the situation to the people who are assembled here. It -is known to us but may not be known to the Tribunal. Who was at that -time the Chief of Staff of the Army? - -PAULUS: It was Generaloberst Halder. - -DR. NELTE: Were you, as Chief Quartermaster I, the permanent -representative of the Chief of Staff? - -PAULUS: I was the deputy of the Chief of Staff for those cases which he -told me to supervise, and as for the rest I had to execute the tasks -with which he charged me. - -DR. NELTE: In this case were you especially charged with the adaptation -of the plan which we later learned to know as Plan Barbarossa? - -PAULUS: Yes, to the extent of which I told you yesterday. - -DR. NELTE: Field Marshal Brauchitsch, your former Commander-in-Chief and -superior, in an affidavit presented by the Prosecution has made a -statement about the treatment of military plans. With the permission of -the Tribunal, I should like to ask you to tell me whether this statement -by Field Marshal Von Brauchitsch is also your opinion. I quote: - - “When Hitler decided to use military pressure or force to - achieve his political aims, the Commander-in-Chief of the Army, - if he was involved, first received orally a sort of orientation - or a corresponding order.” - -Is that your opinion also? - -PAULUS: I have no knowledge of that. - -DR. NELTE: Generaloberst Halder, your immediate superior, in an -affidavit which also has been submitted by the Prosecution, has said the -following about the handling of such military operational things: - - “Special military affairs were the responsibility of those parts - of the Wehrmacht, that is, Army, Navy, and Air Force, which were - immediately under the Supreme Command of the Wehrmacht, that is - to say, under the command of Hitler, who was at the same time - the Chief of the Reich.” - -Is that your opinion likewise? - -PAULUS: I ask you please to repeat this once more because I could not -understand exactly what you meant. - -DR. NELTE: It is about the question: Who were the military persons -responsible to Hitler in the forming of important plans? In respect to -that, Von Brauchitsch said what you have just heard, and Halder said the -following: - - “Special military affairs were the responsibility of those parts - of the Wehrmacht, that is, Army, Navy, and Air Force, which were - immediately under the Supreme Command of the Wehrmacht, that is - to say, under the command of Hitler, who was at the same time - the Chief of the Reich.” - -Is that so? - -PAULUS: We received the orders about military measures from the High -Command of the Wehrmacht. Such was the Directive Number 21. I thought -that those people held responsibility who were the first military -advisers of Hitler in the High Command of the Wehrmacht. - -DR. NELTE: If you have seen Directive Number 21, then you must also know -who signed it. Who was that? - -PAULUS: As far as I can remember, that was signed by Hitler; and Keitel -and Jodl initialed it. - -DR. NELTE: But, at any rate, signed by Hitler, like all directives—is -that correct? - -PAULUS: At any rate, most of the directives, unless they were signed by -other people in his name. - -DR. NELTE: In other words, I may conclude that the man who gave the -orders was the Supreme Commander of the Wehrmacht, that is to say, -Hitler? - -PAULUS: That is correct. - -DR. NELTE: From the statements of Von Brauchitsch and Halder we can see, -in my opinion, that the General Staff of the Army with its large -machinery was to work out ideas which Hitler conceived, work them out in -detail. Do you not believe that? - -PAULUS: That is correct. It had to relegate the orders which were given -it by the Supreme Command to the proper departments. - -DR. NELTE: It is clear that these orders were given to the High Command, -that is, the Commander-in-Chief of the Wehrmacht. There was in all -planning, as I can see from your statement also, in the execution of -such aggressive plans a close collaboration between Hitler as Supreme -Commander of the Wehrmacht and the General Staff of the Army. Is that -correct? - -PAULUS: This co-operation exists between the Supreme Command and all -persons who are charged to carry out the orders of the Supreme -Commander. - -DR. NELTE: From your explanation I believe I can conclude that the -incomplete plan which you found on 3 September 1940—that you have -developed that, and that then, after you had achieved a certain measure -of completeness, you presented it to the Supreme Commander, Hitler, -personally, or through General Halder? - -PAULUS: The detailed completion of the plan was presented by the Chief -of the General Staff or by the Commander-in-Chief of the Army; then it -was either accepted or rejected. - -DR. NELTE: That is, it had to be accepted by Hitler or refused? - -PAULUS: Yes. - -DR. NELTE: Did I understand you correctly yesterday to say that you had -already in the fall of 1940 understood that Hitler wanted to attack the -Soviet Union? - -PAULUS: I said yesterday that the preparation of that plan of operations -was the theoretical preparation for an attack. - -DR. NELTE: But already at that time you thought that that was Hitler’s -intention, didn’t you? - -PAULUS: From the way in which this task was started one could see that, -after the theoretical preparation, a practical application would follow. - -DR. NELTE: Furthermore, you said yesterday that no news of the Abwehr -had been received which would prove that there were any intentions of -the Soviet Union to attack. - -PAULUS: Yes. - -DR. NELTE: Did anybody in the circle of the General Staff of the Army -ever speak about these matters? - -PAULUS: Yes, these matters were discussed. They had serious misgivings -about them, but no reports about any visible preparations for war on the -side of the Soviet Union were ever made known to me. - -DR. NELTE: So you were firmly convinced that it was a straight attack on -the Soviet Union? - -PAULUS: At any rate, the indications did not exclude that. - -THE PRESIDENT: The witness must speak more slowly. - -DR. NELTE: The witness has said, if I understood correctly, that there -were signs which did not exclude these inferences. - -PAULUS: The order for the execution of this theoretical study of the -conditions for attack was considered not only by myself but also by -other informed experts as the first step for the preparation for an -attack, that is to say, an aggressive attack on the Soviet Union. - -DR. NELTE: In realizing these facts, did you or the General Staff of the -Army or the Commander-in-Chief of the Army make any protests to Hitler -about it? - -PAULUS: Personally, I do not know in what form or whether the -Commander-in-Chief of the Army made any protests. - -DR. NELTE: Did you, yourself, speak about having any doubts to -Generaloberst Halder or to Commander-in-Chief Von Brauchitsch? - -PAULUS: If I judge correctly, then I believe that I am supposed to be -here as a witness for the events with which the defendants are charged. -I ask the Tribunal, therefore, to relieve me of the responsibility of -answering these questions which are directed against myself. - -DR. NELTE: Field Marshal Paulus, you do not seem to know that you also -belong to the circle of the defendants, because you belonged to the -organization of the High Command which is indicted here as criminal. - -PAULUS: And, therefore, since I believe that I am here as witness for -the events which have led to the indictment of these defendants here, I -have asked to be relieved of answering this question which concerns -myself. - -DR. NELTE: I ask the Tribunal to decide. - -THE PRESIDENT: The Tribunal considers that you must answer the questions -that have been put up to date. - -PAULUS: Then may I ask for a repetition of the question, please? - -DR. NELTE: I have asked you whether, since you realized that there were -serious doubts, you talked to your chief, Halder, or to -Commander-in-Chief Von Brauchitsch, about these things? - -PAULUS: I cannot remember having talked to the Commander-in-Chief of the -Army about it, but I did so with the Chief of the General Staff, -Generaloberst Halder, who was my superior. - -DR. NELTE: Was he of the same opinion? - -PAULUS: Yes, he was of the same opinion, that is to say, of the opinion -of great anxiety for such a plan. - -DR. NELTE: For military or moral reasons? - -PAULUS: For many reasons, both military and moral. - -DR. NELTE: It is certain, then, that you and the Chief of Staff, Von -Halder, realized these facts which would have stamped the war against -Russia as a criminal attack and that you nevertheless did nothing -against it? In your statement you have said that later you became -Commander-in-Chief of the 6th Army; is that right? - -PAULUS: Yes. - -DR. NELTE: With knowledge of all these facts just stated you accepted -the command of an army which was to push against Stalingrad. Did you -have any scruples about being made a tool of that attack which in your -opinion was a criminal one? - -PAULUS: As the situation at that time presented itself for the soldier, -in connection also with the extraordinary propaganda which was put into -play, I had at that time, as so many others believed, to do my duty -toward my fatherland. - -DR. NELTE: But you knew about the facts which were against that opinion? - -PAULUS: The facts which became clear to me afterwards, due to my -experiences as Commander of the 6th Army which found their climax at -Stalingrad, those facts I did not know at that time. Also, about that -criminal attack—that knowledge came later, when I thought about all the -circumstances, because before I could only see part of the whole. - -DR. NELTE: Then I have to consider your expression “criminal attack” or -any other expressions for the war mongers—I have to consider that as -something that you found out later? - -PAULUS: Yes. - -DR. NELTE: And I may say then that in spite of your having serious -doubts and knowledge about the facts which marked the war against Russia -as a criminal action of aggression, that in spite of your knowledge, you -considered it your duty to take the command of the 6th Army and to hold -Stalingrad until the last moment? - -PAULUS: I have just explained that at that time, when I took over the -command, I did not see the extent of the crime which was considered in -the beginning and execution of this war of aggression; that I did not -see the entire extent of it and could not see it, as my experiences as -Commander of the 6th Army which I was able to gather at Stalingrad have -shown to me later. - -DR. NELTE: You speak of the extent, but the fact is that you knew the -causes. Maybe you were one of the few who knew them. You have not -mentioned that. - -PAULUS: I did not know then. I knew the instigation of this war to be -aggression, from the attitude of the greater part of the officers’ -corps. In keeping with the prevailing concept I saw nothing unusual in -the basing of the fate of a people and a nation upon power politics. - -DR. NELTE: So you agreed to these ideologies? - -PAULUS: Not to the tendency which appeared later, but I did not conclude -therefrom that the fate of a country could be built upon power politics. -It was a mistake that at this time, and in the 20th Century, only the -democracies and the concept of the nationality principle were the -decisive factors. - -DR. NELTE: Would you grant to others also, who were not so near to the -sources, the good faith that they only wanted what was best for their -fatherland? - -PAULUS: Yes, I do, of course. - -DR. FRITZ SAUTER (Counsel for Defendants Von Schirach and Funk): -Witness, yesterday you mentioned that you consider the Hitler Government -as the guilty ones. Is that correct? - -PAULUS: Yes, I have done so. . . . - -DR. SAUTER: In your written deposition which you made on 9 January -1946—in a prisoner-of-war camp it is said—there is nothing about that; -at least, I have not found anything about it so far. - -PAULUS: This letter has nothing to do with that. This is a letter to the -Soviet Government, in which I explained several questions which came up -within the 6th Army in Russia, and several of my own experiences. - -DR. SAUTER: In this letter of 9 January 1946, you said explicitly—and I -quote: - - “Today, when the crimes of Hitler and his helpers are being - judged, I find myself obliged to tell the Soviet Government - everything which I have known and which may serve as proof of - the guilt of the war criminals in the Nuremberg Trials.” - -In spite of that, in this written declaration, which is very detailed, -there is nothing about it. - -THE PRESIDENT: Dr. Sauter, if you cross-examine the witness on this -letter, you must put the letter in evidence, the whole letter. - -DR. SAUTER: That is the statement which the witness has given, on -the. . . . - -THE PRESIDENT: I have no doubt it is; all I say is, if you cross-examine -him on the letter and put the letter to him, you must put the letter in -evidence. You have a copy of the letter? - -DR. SAUTER: Yes. It is in the statement which the Soviet Prosecutor -yesterday put up to the witness and in regard to which the witness made -the statement that he considers it correct and will repeat it. - -THE PRESIDENT: Yes, I follow it. I was not sure whether it was actually -put in or not or whether it was withdrawn upon the promise to produce -the witness. Is the letter actually in? - -DR. SAUTER: But the witness has said, after the Prosecutor asked him, -that he will repeat that statement. - -THE PRESIDENT: Mr. Willey, has the letter been put in? - -MR. HAROLD B. WILLEY (American Secretary): It has not been put in, no. - -THE PRESIDENT: Very well, you can go on cross-examining about it, but -the document has got to be put in, that is all. - -DR. SAUTER: [_Turning to the witness._] Now I would like to know, -Witness, what you mean by “Hitler Government”? Do you mean the leaders -of the Party or do you mean the Reich Cabinet, or what exactly do you -mean? - -PAULUS: I mean everyone who is responsible. - -DR. SAUTER: I would like you to answer the question more precisely. - -PAULUS: In my statement yesterday I have only explained what I have seen -myself, what I have experienced myself. I did not intend to make any -statements about individual personalities in the Government because that -would not be within my knowledge. - -DR. SAUTER: Yes, but you spoke about the Hitler Government, did you not? - -PAULUS: I just meant the concept of the Hitlerite leadership of the -State. - -DR. SAUTER: Of the Hitlerite leadership of State? That means, first, the -Reich Cabinet, does it not? - -PAULUS: Yes, inasmuch as it is responsible for the directives given by -the Government. - -DR. SAUTER: For this reason I would like to know the following: - -The Defendant Funk, who is sitting over there, was also a member of the -Reich Cabinet and the Defendant Von Schirach is also counted as a member -of the Reich Cabinet by the Prosecution. Do you know anything as to -whether the Defendant Funk and the Defendant Von Schirach, like you, for -instance, knew anything about these plans of Hitler? - -PAULUS: I do not know. - -DR. SAUTER: Do you know whether, during the war, since you were at the -OKW, there were any meetings of the Cabinet at all? - -PAULUS: I do not know that either. - -DR. SAUTER: Do you know that Hitler, in the interests of secrecy of his -war plans, even ordered that at conferences between himself and his -military advisers the members of the Reich Cabinet, as for instance -Funk, could not be admitted? - -PAULUS: I do not know about that. - -DR. SAUTER: Did it not come to your knowledge, perhaps through Herr Jodl -or through Herr Keitel, that Hitler even forbade that civilian members -of the Reich Cabinet should be present at such military conferences? - -PAULUS: I do not know anything about that at all. - -DR. SAUTER: Another question. After Stalingrad was encircled and the -situation had become hopeless, there were several telegrams of devotion -sent to Hitler from inside the fortress. Do you know anything about -that? - -PAULUS: If you speak of telegrams of devotion, I only know about the -end, when efforts were made to find a meaning for the catastrophe that -had happened there, to find a meaning for all the suffering and dying of -so many soldiers. Therefore these things had been depicted as heroism in -the telegram, to be forever remembered. I am sorry, but at that time, -due to the prevailing situation, I let that pass and did not stop it. - -DR. SAUTER: These telegrams were yours, were they not? - -PAULUS: I do not know to which telegrams you are referring, with the -exception of the last one. - -DR. SAUTER: Several telegrams of devotion, in which there was a promise -to hold out to the last man; those telegrams about which the German -people were horrified. They are said to have your signature. - -PAULUS: I request to have them presented to me, because there is nothing -known to me about them. - -DR. SAUTER: Do you have any idea what was in the last telegram? - -PAULUS: In the last telegram there was a short description of what the -army had done, of the achievement of the army, and it was pointed out -that it did not intend to capitulate, and that that should be an example -for the future. - -DR. SAUTER: The answer was, I think, your promotion to General Field -Marshal? - -PAULUS: I do not know that this was the answer. - -DR. SAUTER: But you were promoted to General Field Marshal, and you -still have that title because the statement which I have submitted to -the Court is signed “Paulus, General Field Marshal.” - -PAULUS: Well, I have to say. . . . Do you mean this statement? - -DR. SAUTER: Yes, this statement. - -PAULUS: Yes, I had to take that title which was conferred upon me. - -DR. SAUTER: In this statement which I have submitted to the Court as -proof, there is the last sentence: - - “I bear the responsibility for the fact that I did not give due - attention to the execution of the order of 14 January 1943 about - the surrender of the prisoners”—namely, all Russian - prisoners. . . . - -PAULUS: Yes. - -DR. SAUTER: “. . . to the Russians, and, furthermore, that I. . . .” - -PAULUS: Yes. - -DR. SAUTER: “. . . did not devote myself sufficiently to taking care of -the prisoners.”—That is to say, the Russian prisoners. - -I would like to hear your statement about the following: In that -detailed letter why did you forget the several hundred thousands of -German soldiers who were under your command and who lost under your -command their freedom, their health, and their lives? There is no word -about that. - -PAULUS: No. - -DR. SAUTER: No? - -PAULUS: That is not the question in this letter. This letter to the -Soviet Government was concerned with what happened to the Russian -civilian population in the area of Stalingrad and the Russian prisoners -of war. At this time I could not say anything about my soldiers, of -course not. - -DR. SAUTER: Not one word? - -PAULUS: No, I could not speak here, because that had to be done at a -different time. Of course, it is so that all the operational orders -which led to the terrible conditions of Stalingrad, in spite of my -objections. . . . About 20 January, as I said, I had made a report that -conditions had reached such a measure of misery and of suffering through -cold, hunger, and epidemics as to be unbearable, and that to continue -the fighting would be beyond human possibility. The answer given to me -by the Supreme Command was: - - “Capitulation is impossible. The 6th Army will do its historic - duty by fighting to the utmost, in order to make the - reconstruction of the Eastern front possible.” - -DR. SAUTER: And that is why you continued your efforts in the crime you -have described until the very end? - -PAULUS: That is correct. - -DR. SAUTER: Because, according to your own statements, everything from -the very beginning was a crime, which clearly and for a long time had -come to your mind? - -PAULUS: I did not say that it was clear to me as a crime from the very -beginning, but that later I had this impression, as a result of -retrospective considerations. My knowledge comes actually from my -experience at Stalingrad. - -DR. SAUTER: Then I would like to know, in closing: Was it not clear to -you from the very beginning, when you were charged with the development -of plans for the attack on Russia, as a specialist for such task—was it -not clear to you from the very beginning that this attack on Russia -could be made only under violations of international treaties, to which -Germany was bound? - -PAULUS: Yes, under violation of international law, but not under those -conditions which developed later. - -DR. SAUTER: No, I asked whether it was clear to you that this plan could -only be executed by violation of international treaties? - -PAULUS: It was clear to me that an attack of that kind could only be -made under violation of the treaty which had existed with Russia since -the fall of ’39. - -DR. SAUTER: I have no more questions. Thank you. - -[_Dr. Exner approached the lectern._] - -THE PRESIDENT: Dr. Exner, I have already told the witness, and -defendants’ counsel have been told over and over again, that it is of -the utmost importance that they should ask their questions slowly, that -they ask one question at a time, and that they should pause between the -question and the answer and between the answer and the next question. -Will you try to observe that rule, please? - -PROFESSOR DR. FRANZ EXNER (Counsel for Defendant Jodl): Witness, in -September of 1940 at the OKW you were charged with the execution of an -operational study against Russia, that is, to continue work on a plan -which existed already. Do you know about how strong the German forces in -the East were at that time? - -PAULUS: I can only clarify, in the OKH I have. . . . - -DR. EXNER: Yes, we have the OKH in mind. - -PAULUS: I do not know any longer how strong the forces in the East were -at that time. It was at a time shortly after the end of the campaign -against France. - -DR. EXNER: You do not know about how many divisions were in the East at -that time for the protection of the German border? - -PAULUS: No, I cannot remember that. - -DR. EXNER: In February of 1941 our transports to the East began. Can you -say how strong at that time the Russian forces were, along the -German-Russian demarcation line and the Romanian-Russian border? - -PAULUS: No, I cannot say that. The information which reached us about -the Soviet Union and their forces was so extraordinarily scarce and -incomplete that for a long time we had no clear picture at all. - -DR. EXNER: But did not Halder at that time talk to the Führer frequently -about the strength and deployment of the Russian forces? - -PAULUS: That is possible, but I cannot remember it, because I had -nothing to do with these questions after that time—with the theoretical -development of our ideas. In December the operations department of the -Army took the work over. - -DR. EXNER: At this time you had theoretical war exercises? - -PAULUS: That was in the beginning of December. - -DR. EXNER: Then you probably used, as a basis of these exercises, -information you had about the actual strength of the enemy? - -PAULUS: That was just what we assumed about the strength of the enemy. - -DR. EXNER: Well, you have collaborated intensively with that operational -plan. You have tried it out by theoretical war exercises. Tell me, what -was the difference between your work and Jodl’s at that time? - -PAULUS: I do not think I am able to judge that. - -DR. EXNER: I do not understand. That was General Staff work, was it not? - -PAULUS: Yes, it was General Staff work, with which I was charged by the -Chief of Staff. - -DR. EXNER: Yes, and the activity of Jodl as Chief of the Wehrmacht -Führungsstab. . . . - -PAULUS: The difference is that he had a view of the entire situation -from the point where he was, whereas I could only see a small section, -only that which I needed for my work, and that is all the information I -received. - -DR. EXNER: But the activity in both cases was one of General Staff -preparation for the war? - -PAULUS: Yes. - -DR. EXNER: I would also be interested to know something about -Stalingrad. In your written statement, or written declaration, you have -said that Keitel and Jodl were guilty with regard to the prohibition of -capitulation, which had such tragic consequences. How do you know that? - -PAULUS: I just wanted to say it was the Supreme Command of the Wehrmacht -who was responsible for that order. It had the responsibility, and it -makes no difference whether it was one person or another. At any rate, -the responsibility was with the office as such. - -DR. EXNER: At any rate, you do not know anything about the personal -participation of any one of these two gentlemen? You only thought -of. . . . - -PAULUS: The OKW, which is represented by these persons. - -DR. EXNER: Why, when the situation at Stalingrad was so hopeless and -terrible—as you have indicated today—did you not, in spite of the -order by the Führer to the contrary, try to break out? - -PAULUS: Because at that time it was represented to me that by holding -out with the army which I led, the fate of the German people would be -decided. - -DR. EXNER: Do you know that you enjoyed the confidence of Hitler in a -special measure? - -PAULUS: I do not know about that. - -DR. EXNER: Do you know that he had already decided that you would become -the successor to Jodl if the Stalingrad operation would be successful, -because he did not like to work with Jodl any more? - -PAULUS: I do not know about that in this form, but there was a rumor -that late in the summer or early in the fall of 1942 a change was -planned in the leadership. That was a rumor which the Chief of Staff of -the Luftwaffe told me at that time, but I did not get any official -information about that. There was other information, that I should be -relieved of the command of that army and should be used to lead a new -army group which was to be formed. - -DR. EXNER: Do you remember the telegram which you sent to the Führer -when you were promoted to the rank of Field Marshal at Stalingrad? - -PAULUS: I did not send a telegram then. After my promotion I did not -send a telegram. - -DR. EXNER: Have you not thanked the Führer in any way? - -PAULUS: No. - -DR. EXNER: That is quite contrary to statements which other people have -made. Witness, you are said to be or to have been a teacher at the -Military Academy at Moscow. Is that correct? - -PAULUS: That is not right, either. - -DR. EXNER: Did you have another position in Moscow? - -PAULUS: I was never in Russia before the war. - -DR. EXNER: But now, since you became a prisoner of war? - -PAULUS: I have been in a prisoner-of-war camp, like my other comrades. - -DR. EXNER: Were you a member of the German Freedom Committee? - -PAULUS: I was a member of a movement of German men, soldiers of all -ranks and men of all classes, who had made it their aim to warn the -German people at the last moment from the abyss, and to arouse them to -overthrow this Hitler regime which had brought all this misery to many -nations and especially to our German people. I have done that with the -proclamation of 8 August 1944. - -DR. EXNER: Did you do anything about that before? - -PAULUS: No, I did not. - -DR. EXNER: Thank you. - -DR. LATERNSER: I have only a few more questions to ask the witness. - -[_Turning to the witness_] Witness, did you not know when you took over -your office as Chief Quartermaster I that these preparations which Major -General Marx already had begun, and which you then continued, were -intended only for an eventual case? - -PAULUS: One could think so, of course, but very soon in the course of -the work things appeared which made it seem very probable that these -theoretical preparations were to be put to practical use. In connection -with the formulation of this plan of operations for an attack in which, -from the very beginning, we were thinking in terms of using the Romanian -area—during that very time we saw the dispatching of the first military -mission with training groups and an entire Panzer division, just into -that area for which the first theoretical preparations for an attack -were being made. Thus, gradually, the impression became intensified that -this was a plan which eventually would be executed. - -DR. LATERNSER: Witness, the reason for my question is this: I believe -the date which you mentioned, since which the plan was to have already -been in existence, the fall of 1940, is a little early, isn’t it? - -PAULUS: The documents which I was given for that plan of offense I -explained in detail yesterday. They were submitted on 3 September, for -upon the basis of these documents everything was developed, and -everything was actually executed like that later. - -DR. LATERNSER: I mean this: That first this plan was considered or -conceived for an eventual case, and then at a later date, after a -decision had been taken, it was used. - -PAULUS: In retrospect, they fit together in perfect sequence, first the -theoretical preparation, and then the practical preparation and -execution. - -DR. LATERNSER: Do you know Directive Number 18 of 12 November 1940, -issued by the former Supreme Commander of the Wehrmacht? - -PAULUS: I cannot remember it. - -DR. LATERNSER: Mr. President, I refer now to a document which has -already been submitted by the United States Prosecution, Number 444-PS. -[_Handing the document to the witness_] I submit it to you, Witness. -Page 8 is the one to which I am referring. - -PAULUS: I cannot remember that I have ever seen this. - -DR. LATERNSER: To inform the Court I am going to quote the passage—it -is very short—which I have just shown to the witness. It is Page 8 of -the Document 444-PS, this paragraph I quote: “5. Russia: Political -conferences with the aim of clarifying the attitude of Russia for the -near future have been started.” - -Witness, after you have seen that passage you will have to admit that I -am right in saying that the time at which the decision was taken to -attack the Soviet Union must have been later than the time you told us -yesterday. - -PAULUS: I can only say from my personal experience and my own opinion as -I look back now, following the entire development, that there was a -clear plan from the beginning, the conception of that plan on 3 -September 1940, then the directive of 21 December, and then its -execution. Just at which precisely measurable date the decision was -taken, I do not know, of course. - -DR. LATERNSER: Did you know that in 1939 the Soviet Union marched into -Poland with very strong forces which bore no relationship—according to -opinions of German military experts—with the military problem to be -solved at that time? - -PAULUS: I only know of the fact that Soviet forces marched into Poland, -but I have never heard anything about the size of the forces, nor have I -ever heard anyone marvel at the strength of the forces that had taken -part in the invasion. - -DR. LATERNSER: Do you know that before the German deployment on the -Eastern border many strong Soviet forces had been deployed along that -border, especially very strong Panzer forces in the area of Bialystok? - -PAULUS: No, in that form I have never known of this. - -DR. LATERNSER: Were not the first divisions from West to East -transferred only after very strong Soviet forces already were standing -along the Eastern border? - -PAULUS: About the relationship of troop movements from West to East—the -practical execution of the plan—I do not know anything, because I had -nothing to do with the practical execution. First of all, in the months -of April and May, because of other duties, I was present in the High -Command of the Army for only a very short time. - -DR. LATERNSER: Witness, you said yesterday that at the end of March 1940 -there was a conference at the Reich Chancellery, and there Generaloberst -Halder gave you several points as a reason for the intended attack on -Yugoslavia. You mentioned first the elimination of danger to the flank; -second, the taking possession of the rail line to Nish, and you stressed -the fact that in case of an attack against Russia the right flank would -be free to move. - -PAULUS: Yes. - -DR. LATERNSER: Were the reasons for this attack not different ones? Were -not there reasons which were more important than those you mentioned? - -PAULUS: I do not know of any others. - -DR. LATERNSER: As to this attack upon Yugoslavia, was not that also to -be done to relieve the Italians? - -PAULUS: Yes, of course. That was the initial reason why an operation -against Greece was considered, and why that menace to the flank had to -be eliminated if we were to push forward into Greece from Bulgaria. - -DR. LATERNSER: Was not there at that time some concern about -co-operation between Yugoslavia and Greece, which would have put England -into the position of being able to land on the Greek coast and thereby -gain a way to reach the Romanian oil fields? - -PAULUS: Yes, but it would also have been impossible to carry out the -Plan Barbarossa, which would have been menaced on its right flank and -unprotected. - -DR. LATERNSER: I have received different information. In the decision to -attack Yugoslavia the Plan Barbarossa did not play the important role -which you said yesterday it did. - -PAULUS: The Plan Barbarossa could not have been carried out if the area -of Greece and Serbia, after reinforcement by the British landing, would -have fallen into the hands of the enemy. - -THE PRESIDENT: Perhaps we can adjourn. - - [_A recess was taken._] - -THE PRESIDENT: I am told that the interpreters, using the words -“question” and “answer” before the question and answer, assist the -shorthand writers and the press, and therefore the interpreters may -continue to say “question” and “answer” before the question and answer -is given. That only makes it more obvious that the real remedy for the -difficulties which arise is for the counsel and witnesses to pause after -the question has been asked and after the answer has been given, and it -seems to the Tribunal that counsel and witnesses ought to be able to -hear when the translation of the question has been given, and the -witness can then give his answer. And when the translation of the answer -has been given, which counsel can hear, he should then put a further -question. Is it clear what I mean? - -DR. LATERNSER: Witness, you were just speaking of the attack on -Yugoslavia. If I understood you correctly, you said that this attack had -to be carried out before the Plan Barbarossa could be undertaken, as -otherwise there would have been a serious threat to the flanks. Did I -understand you correctly? - -PAULUS: Yes. - -DR. LATERNSER: You said yesterday that the overthrow of the government -in Yugoslavia was the cause for Hitler’s attack on Yugoslavia. Do you -know whether any plans for such an attack existed even before the -revolution in Yugoslavia? - -PAULUS: That is not known to me. - -DR. LATERNSER: Do you happen to know that particularly the plan of -attack against Yugoslavia came at a very inconvenient time, and that it -caused a delay of the attack against the Soviet Union? - -PAULUS: That is exactly what I said yesterday. It caused a postponement -of the attack on Russia, which had originally been planned for the -middle of May, the weather permitting. - -DR. LATERNSER: But then there is a sort of contradiction here, if you -say that the attack against Yugoslavia took place at that time although -it was inconvenient, as the attack against Russia was to be made. - -PAULUS: I do not see any contradiction in that. As I saw the situation -then, the Yugoslavian Government had made an agreement with us which -placed the railway line from Belgrade to Nish at our disposal, and that -after that agreement was concluded, a revolution took place in -Yugoslavia which created a different policy. Therefore, this plan of -attack was believed necessary to eliminate a danger. In other words, I -do not see that the decision to attack Yugoslavia and to delay -Barbarossa form a contradiction. I merely see that one is a prerequisite -for the execution of the other. - -DR. LATERNSER: Witness, were you present at a conference of the General -Staff on the Obersalzberg on 3 February 1941? - -PAULUS: Yes. - -DR. LATERNSER: Are you aware of the fact that at that time the strength -of the Soviet Russian deployment was estimated at 100 infantry -divisions, 25 cavalry divisions, and 30 mechanized divisions, and that -this was reported by Generaloberst Halder? - -PAULUS: I cannot remember that. Nor am I sure whether Generaloberst -Halder was actually present during that conference. - -DR. LATERNSER: But, witness, such a conference must have been an unusual -one? - -PAULUS: Yes. - -DR. LATERNSER: And I believe that that conference must at least have -given the impression that a very strong concentration of troops on the -Eastern Front was in question. - -PAULUS: I myself have at least no recollection of any such impression. - -DR. LATERNSER: At the beginning of that attack against the Soviet Union, -were you still Chief Quartermaster I? - -PAULUS: Yes. - -DR. LATERNSER: As far as I have in the meantime been informed, it is -part of the tasks of that service department to make positive -suggestions regarding military operations on land, is that correct? - -PAULUS: That was once the case during a different division of tasks. At -the time when I was Chief Quartermaster I did not get that task as part -of my job. The operational department was not under my control but -immediately under the personal control of the Chief of the General -Staff. The General Staff Department, first of all, gave me the task of -running the training department and then the organization department, -and that was in autumn 1941. Therefore, it was not part of my sphere of -activities to make suggestions to the Chief of the General Staff -regarding operations which were in progress, or any other operations. I -merely had to carry out the special tasks which were given to me. - -DR. LATERNSER: Witness, can you give information on the subject of how -German prisoners of war were treated in the Soviet Union? - -PAULUS: That question, about which such an incredible amount of -propaganda has been made, which led to the suicide of so many German -officers and enlisted personnel in the cauldron of Stalingrad, I have -obligated myself to consider in the interest of truth. . . . - -THE PRESIDENT: One moment. Cross-examination is questioning on questions -which are either relevant to the issues which the Tribunal has to try or -questions relevant to the credibility of the witness. Questions which -relate to the treatment of prisoners in the Soviet Union have got -nothing whatever to do with any of the issues which we have got to try, -and they are not relevant to the credibility of the witness. The -Tribunal, therefore, will not hear them. - -DR. LATERNSER: Mr. President, may I give a reason why I ask that -question? May I make a short statement? - -THE PRESIDENT: Yes. - -DR. LATERNSER: I should like to put that question for the reason that I -could ascertain how, actually, prisoners of war were treated, so that a -large number of German families, who are extremely worried on that -subject, could in that manner be given information on the subject, so -that their worries would cease. - -THE PRESIDENT: The Tribunal is of opinion that that is not a matter with -which the Tribunal is concerned. - -DR. LATERNSER: I have no further questions to ask the witness. - -DR. HEINZ FRITZ (Counsel for Defendant Fritzsche): Witness, do you know -the Defendant Fritzsche? - -PAULUS: Yes, I do. - -DR. FRITZ: Are you aware of the fact that during the summer and autumn -of 1942 he was with your army? - -PAULUS: Yes. - -DR. FRITZ: Witness, in the course of this Trial there was a discussion -about the command of the OKW which, as I hear, was also sharply -criticized by you, according to which all the captured commissars of the -Russian Army were to be shot. Are you aware of that order? - -PAULUS: Yes. It came to my knowledge. - -DR. FRITZ: Do you recollect that the Defendant Fritzsche, after he had -become aware of that order in the course of his duties in the East, made -a proposal to you and your I.C. officers, according to which that order -should be cancelled as far as your army zone was concerned? - -PAULUS: I cannot recollect that incident. I think it is perfectly -possible that Herr Fritzsche did discuss that question with my staff, -but when I took over that army on 20 January 1942, that order was not -carried out in my zone. As far as I know, this order, which in practice -did not become operative, was in fact cancelled later on. - -DR. FRITZ: Perhaps, so as to refresh your memory, I might ask another -question: Do you recollect, perhaps, that Fritzsche suggested to you or -your I.C. officers the scattering of pamphlets with a corresponding -content over the Russian front? - -PAULUS: I personally cannot recollect that, but I consider it perfectly -possible that such a discussion with the I.C. officer who was -responsible for that sort of thing took place. - -DR. FRITZ: Then one last question: As far as you know the character of -the Defendant Fritzsche, would you consider it entirely possible and -probable that he made this proposal? - -PAULUS: Yes, indeed I do. - -DR. ROBERT SERVATIUS (Counsel for the Leadership Corps of the Nazi -Party): Witness, in your position you supported Hitler right to the very -end, despite the fact that you knew that an aggressive war was being -waged. How much could the political leaders know of this? - -PAULUS: I cannot answer that question, because it is out of my -knowledge. - -DR. SERVATIUS: What do you understand by political leaders? - -PAULUS: May I ask another question in return? What does the defendant’s -counsel understand by political leaders, concerning whom he asks the -question? - -DR. SERVATIUS: Witness, the organization of the Party does not seem to -be clear to you. There is an organization of political leaders which is -indicted in this Trial. They are to be declared criminal to this extent -that, from the Reichsleiter to the Blockleiter, they may be punished -because of their participation in the conspiracy to commit all the acts -which are being tried here. This organization of political leaders is -composed in such a way that 93 percent are local group leaders with -their staffs and all their subordinates. - -THE PRESIDENT: I do not think you can ask this witness about this. He -does not know anything about it. He is not concerned with the charge -against the political leadership. I do not think that is proper -cross-examination at all. - -DR. SERVATIUS: Mr. President, I was going to ask him to what extent -these political leaders might have had knowledge, and then I was going -to ask a second question, whether he was aware that he, as a witness, -has contributed materially to the fact that these people, the political -leaders, supported Hitler because they believed in the facade which the -witness himself had assisted in setting up. - -THE PRESIDENT: I have already answered you that he did not know to what -extent the political leaders had been informed. - -DR. SERVATIUS: I am also appearing for the Defendant Sauckel, who was -responsible for the labor supply. - -[_Turning to the witness_] Have you any knowledge as to whether German -prisoners of war were used in Russian armament industries? - -PAULUS: I have no authentic or personal information on that subject. The -prisoners of war whom I myself have seen, in the camps where I have -been, worked for the immediate requirements of the camp or in the near -vicinity of the camp. They worked at agriculture or forestry, and I know -from the papers that some German units of workers, who had voluntarily -formed groups and were working in industry, were proud of the results of -their work. But I do not know in what branches of industry these people -worked. - -DR. SERVATIUS: I have no further questions to put to this witness. - -DR. EGON KUBUSCHOK (Counsel for the Reich Cabinet): A statement made by -you yesterday has already been discussed once more today, namely, how -much knowledge did individual members of the German Government have -regarding important decisions? I gathered from your reply that you did -not consider the Reich Government, regarding its personalities, one -homogeneous body. In this Trial the difficulty repeatedly arises that -normal conditions are assumed. One is especially prone to the conception -that most important political and military decisions, as is otherwise -customary, are made within a government body of important persons or -within the military supreme command; in other words, that questions are -discussed and decided within a group to which belongs a larger number of -personalities. Witness, from the knowledge you have gained in your high -military rank, could one assume this to be true of Adolf Hitler’s -Government? Has Adolf Hitler, in his personality and methods, to speak -politely, as a man of an unusual type, chiefly employed a completely -different procedure here? Did he not always make his decisions -independently or, at most, in closest consultation with a very few -assistants, and can we not derive from that that leading personalities -in political and military fields had no knowledge of impending events? - -PAULUS: I must say to that that my military service in the General Staff -of the Army did not give me an insight into the methods of the -leadership of the State and of the Reich Government. My concept of a -governing body of a nation is that of a united group who, regardless of -the methods the state intends to use, have such a sense of -responsibility toward the people for the deeds of the government, that -they will not allow just anything to be done by even the head of the -state—in this case Hitler with his usual brutal and autocratic -ways—but, even if not required to do so, would themselves intervene in -time with the necessary measures, at the very latest as soon as it was -clear to the whole world that this government was being led by an insane -criminal. - -DR. KUBUSCHOK: Witness, you belong to the second circle of people which -you mentioned. It is an established fact that you have not intervened, -and, surely, you would have had important reasons for that. I believe -that it would be better if, as far as other personalities are concerned, -you would not pass judgment, but would answer my questions as far as -actual facts are concerned. - -My question was whether, according to your knowledge gained not only in -your military position but also in your particular and leading -position—whether they were right or wrong is unnecessary for -establishing the fact—you knew what the methods in military and -political matters were and what they were not. According to your -knowledge, were resolutions made by a large body of military and -political personalities who met and passed these resolutions, or were -decisions generally made and resolutions passed in a very much smaller -circle of people, probably sometimes only by Hitler alone? - -PAULUS: How decisions of the Reich Government were made is not known to -me. Therefore, in my previous answer, I have merely given you my general -conception of this question and I believe that I have answered it -therewith. I cannot imagine that one man alone could have done -everything that was done. In order to exert his influence in a small -circle he finally needed the co-operation of his immediate assistants. -In other words, it was quite impossible for him to achieve his aims -otherwise. - -DR. KUBUSCHOK: As to the co-operation of his closest assistants, do you -believe that some trained minister, a minister of labor or some other -minister who was specially trained, was ever consulted by Hitler about -his plans for aggression? - -THE PRESIDENT: Counsel, the witness has already said that he does not -know how the decisions of the Reich Government were arrived at. What he -may think about it is really not relevant. He does not know. - -DR. KUBUSCHOK: Witness, is it your impression that plans for aggression -were made by Hitler many years in advance, or are you of the opinion -that they were made to meet certain circumstances, on the basis of the -intuition which you say he always had? - -PAULUS: That is entirely outside my knowledge. My observations began on -3 September 1940 and continued from that time until January 1942. What I -observed during that period is something I explained yesterday. About -the time prior to that I am not informed. - -DR. MARTIN HORN (Counsel for Defendant Von Ribbentrop): Witness, you -said just now that you were a member of a body which had the aim of -saving Germany from disaster. My question is: What possibilities to -carry out these intentions were at the disposal of yourself and the -other members of that group? - -PAULUS: We had the possibility of making ourselves heard and understood -by the German people, and believed it our duty to make known to the -German people our view, not only of military events but also of the -events of 20 July, and to tell them of the convictions we had since -gained. In this regard the initiative came chiefly from the ranks of the -army I had led to Stalingrad. There we experienced how, through the -orders of those military and political leaders against whom we were now -taking a stand, more than 100,000 soldiers died of hunger, cold, and -snow. There we experienced in concentrated form the horrors and terrors -of a war of conquest. - -DR. HORN: Did you have any other possibility apart from propaganda? - -PAULUS: Apart from the possibility of making propaganda through radio -and those newspapers which we had created, apart from that propaganda to -the German people, we had no other facilities. - -THE PRESIDENT: What has the Tribunal got to do with this? - -DR. HORN: I merely wanted to ascertain what conclusions I could draw on -the credibility of the witness. - -THE PRESIDENT: I cannot see that it has any bearing on his credibility. - -DR. HORN: It is perfectly possible that we have knowledge of other -possibilities which were available, which the witness has not mentioned. - -THE PRESIDENT: The Tribunal is of the opinion that what the witness -thought or did when he was a prisoner of war in Russian hands has got -nothing to do with his credibility, at least as far as the questions -that you have asked are concerned, and they will not allow the questions -to be put. - -DR. HORN: May I have permission to ask the witness one more question? - -THE PRESIDENT: Certainly. - -DR. HORN: Did you, during the time you were a prisoner, have an -opportunity to place your military experiences in any way at the -disposal of anybody else? - -PAULUS: In no way, in no case. - -THE PRESIDENT: Then I understand that that concludes the -cross-examination. Does the Soviet Prosecutor wish to ask any more -questions? - -GEN. RUDENKO: No, Mr. President. We consider that the questions have -been comprehensively explained. - -THE TRIBUNAL: (Mr. Francis Biddle, Member for the United States): -General, you said that when you became Quartermaster General of the Army -on 3 September 1940, you found an unfinished plan for an attack against -the Soviet Union. Do you know how long that plan had been in preparation -before you saw it? - -PAULUS: I cannot say exactly how long the period of preparation lasted, -but I would estimate that it lasted 2 to 3 weeks. - -THE TRIBUNAL (Mr. Biddle): Do you know who had given the orders for the -preparation of the plan? - -PAULUS: I assume that they originated from the same source, namely, the -OKW via the High Command of the Army. The Chief of the General Staff of -the Army had given to Major General Marx the same documents that he had -given me. - -THE TRIBUNAL (Mr. Biddle): At the conferences on the Plan Barbarossa how -many members of the General Staff and High Command of the German Armed -Forces were usually present? - -PAULUS: The departments concerned, the Operational Department, the -Department for Foreign Armies, the General Quartermaster for Supplies, -and the Chief of Transportation. Those were generally the chief -departments which were involved. - -THE TRIBUNAL: (Mr. Biddle): How many members of the General Staff and -High Command of the German Armed Forces were familiar with the orders -and directives as they were being signed? - -PAULUS: In the course of time, that is, up to December, while the actual -marching orders were being prepared, more or less, all General Staff -officers had knowledge of the plan. Just how many had been informed -previously, in the individual periods, is something which I can no -longer say exactly. - -THE TRIBUNAL (Major General I.T. Nikitchenko, Member for the U.S.S.R.): -What exactly did the General Staff of the German Army represent? Did it -deal exclusively with the elaboration of technical questions, was it the -apparatus elaborating technical problems according to instructions of -the Supreme Command, or, again, was the General Staff an organization -which prepared, elaborated, and submitted its findings to the Supreme -Command independently? - -PAULUS: It was a technical executive body which had the task of carrying -out existing instructions. - -THE TRIBUNAL (Gen. Nikitchenko): Therefore the General Staff was merely -a technical apparatus? - -PAULUS: That is how it was in practice. The General Staff, as such, was -an advisory organization to the Supreme Commander of the Army, and not -an executive body. - -THE TRIBUNAL: (Gen. Nikitchenko): To what extent did the General Staff -conscientiously carry out the instructions received from the Supreme -Command? - -PAULUS: They carried out these instructions absolutely. - -THE TRIBUNAL (Gen. Nikitchenko): Did any conflict exist between the -General Staff and the Supreme Command? - -PAULUS: It is a known fact that certain differences of opinion did -exist, although I am unable to explain that in detail. At any rate, I -know through my immediate superior that he had frequently had -differences of opinion with the Supreme Command of the German Armed -Forces. - -THE TRIBUNAL (Gen. Nikitchenko): Could such officers remain? Did they, -in fact, remain in the service of the General Staff if they disagreed -with the policy of the Supreme Command? - -PAULUS: Political questions did not arise in that connection. Generally -speaking, political questions were not discussed in the circle of the -Army Supreme Command. - -THE TRIBUNAL (Gen. Nikitchenko): I am not speaking of political -questions in the narrow sense of the word. I am speaking of the policy -of planning for war, of the policy of preparations and aggression. That -is what I had in mind. Was it intended, in case you know about it, to -transform that part of the Soviet Union, occupied by the German Forces? - -PAULUS: I never did know what the itemized plans were. My knowledge is -restricted to a knowledge of such plans as were contained in the -so-called Green Folder for the exploitation of the country. - -THE TRIBUNAL (Gen. Nikitchenko): What do you mean by exploitation? - -PAULUS: The economic exploitation of the country, so that by utilizing -its resources one could bring the war in the West to a close and also to -guarantee future supremacy in Europe. - -THE TRIBUNAL (Gen. Nikitchenko): Did the nature of the exploitation -differ from the economic exploitation applied inside Germany? - -PAULUS: In that respect I have no personal impressions, since I only led -that army in Russia for three-quarters of a year; and I was captured -early, in January 1943. - -THE TRIBUNAL (Gen. Nikitchenko): What did you know of the directives -issued by Government organizations in Germany and by the Supreme -Command, concerning the treatment of the Soviet population by the Army? - -PAULUS: I remember that instructions did appear, but I cannot recollect -the date at the moment. In those instructions definite rules were given -for the manner of conducting the war in the East. I believe that this -principal decree was included in that so-called Green Folder, but there -may have been separate and special orders to the effect that no -particular consideration should be shown the population. - -THE TRIBUNAL (Gen. Nikitchenko): What do you mean by “not to show -particular consideration”—or perhaps the translation is not quite -correct? - -PAULUS: That meant that only military necessities should be considered a -basis for all measures that were taken. - -THE PRESIDENT: Were there any divisions under your command consisting -entirely of SS troops? - -PAULUS: During the time I led the Army I had no SS troops at all under -my command, as I remember. Even in the cauldron at Stalingrad, where I -had 20 German infantry, armored, and motorized divisions, and two -Romanian divisions, there were no SS units. - -THE PRESIDENT: I understand that the SA did not form units, did they? -The SA? - -PAULUS: I have never heard of SA units, but the existence of SS units is -a known fact. - -THE PRESIDENT: And did you have any branches of the Gestapo attached to -your army? - -PAULUS: No, I did not have those either. - -THE PRESIDENT: General Rudenko, I did ask you whether you had any -questions to ask, and you said no, I take it. - -GEN. RUDENKO: Yes. - -THE PRESIDENT: Then the witness can retire. - -[_The witness left the stand, and Gen. Zorya approached the lectern._] - -THE PRESIDENT: Please, go on, General. - -GEN. ZORYA: Yesterday, I stopped at the questions connected with the -relations between the fascist conspirators and the Romanian aggressors. -It seems to me that now is the most opportune moment to read into the -Record the testimony of Ion Antonescu, which the Soviet Prosecution has -at its disposal. - -The interrogation of Ion Antonescu was conducted in conformance with the -laws of the Soviet Union and I present to the Tribunal as Exhibit Number -USSR-153 (Document Number USSR-153) the record of his deposition, which -is of exceptional importance in making clear the characteristics of the -relationship between Germany and her satellites. I consider it necessary -to read the greater part of these depositions, beginning with the second -paragraph on Page 1 of the record. It corresponds to Pages 63 and 64 of -the document book. I quote: - - “Throughout the entire period during which I held office in - Romania”—testifies Ion Antonescu—“I followed the policy of - strengthening the alliance with Germany and resorted to her help - for retraining and rearming the Romanian army. For this purpose - I had several meetings with Hitler. The first meeting with - Hitler took place in November 1940, soon after I became the head - of the Romanian State. This meeting took place on my initiative, - in Berlin, at Hitler’s official residence, in the presence of - the German Foreign Minister, Ribbentrop, and Hitler’s personal - interpreter, Schmidt. The conversation with Hitler lasted over 4 - hours. - - “I assured Hitler that Romania remained true to the previously - concluded agreement regarding Romania’s adherence to the - Tripartite Pact. - - “In reply to my assurances of loyalty to the pact with Germany, - Hitler declared that the German soldiers would guarantee the - frontiers of Romania. - - “At the same time, Hitler told me that the Vienna arbitration - should not be considered as final and thus gave me to understand - that Romania could count on a revision of the decision - previously taken in Vienna, on the question of Transylvania. - - “Hitler and I agreed that the German Military Mission in Romania - should continue its work of reconstructing the Romanian Army on - German lines. - - “In the same way I also concluded an economic agreement, in - accordance with which the Germans would at a later date supply - Romania with Messerschmidts 109, tanks, tractors, antiaircraft - and antitank guns, automatic rifles, and other armaments, while - they, in return, would receive from Romania wheat and oil for - the needs of the German armies. - - “To the question put to me as to whether this, my first - conversation with Hitler, could be regarded as the beginning of - my agreement with the Germans concerning the preparations for - war against the Soviet Union—I replied in the affirmative. - There is no doubt that Hitler had this fact in mind, when he - elaborated his plans for the attack on the Soviet Union. - - “In January 1941, through the offices of the German Minister in - Romania, Fabricius, I was invited to Germany and had my second - meeting with Hitler at Berchtesgaden. The following persons were - present: Ribbentrop, Fabricius, and the newly appointed German - Minister to Bucharest, Killinger. Besides these, Field Marshal - Keitel and General Jodl were also present as representing the - German Armed Forces. - - “At the beginning of the conversation Hitler introduced - Killinger to me, emphasizing that the latter was one of his - closest friends. After this, Hitler described the military - situation in the Balkans and declared that Mussolini had - appealed to him for help in connection with the Italian failures - in the war against Greece, and that he, Hitler, intended to give - this help to Italy. - - “While on this subject Hitler asked me to allow the German - troops concentrated on Hungarian territory to pass through - Romania, so that they could render speedy assistance to the - Italians. - - “Knowing that the passage of German troops through Romania to - the Balkans would constitute an unfriendly act towards the - Soviet Union, I asked Hitler what, in his opinion, would be the - subsequent reaction of the Soviet Government. - - “Hitler reminded me that at our first meeting, in November 1940, - he had already given appropriate guarantees to Romania and had - taken upon himself the obligation of protecting Romania by force - of arms. - - “I expressed my fears that the passage of German troops through - Romania might serve as a pretext for military operations on the - part of the Soviet Union, and that Romania would then be in a - difficult position since the Romanian Army had not been - mobilized. - - “Hitler announced that he would give orders for some of the - German troops intended for participation in the operations - against Greece to be left in Romania. Hitler also stressed that, - according to the information at his disposal, the Soviet Union - did not intend to fight either Germany or Romania. - - “Satisfied with Hitler’s declaration, I agreed to the passage of - German troops through Romanian territory. - - “General Jodl, who was present at this conference, described to - me the strategic situation of the German Army and stressed the - necessity for an attack against Greece launched from Bulgaria. - - “My third meeting with Hitler took place in Munich in May 1941. - - “At this meeting at which, in addition to ourselves, there were - present Ribbentrop and Hitler’s personal interpreter, Schmidt, - we reached a final agreement with regard to a joint attack on - the Soviet Union. - - “Hitler informed me that he had decided on an armed attack on - the Soviet Union. ‘Once we have prepared this attack,’ said - Hitler, ‘we must carry it out without warning, along the entire - extent of the Soviet frontier, from the Black to the Baltic - Seas.’ - - “The unexpectedness of the military attack—Hitler went on to - say—would in a short time give Germany and Romania a chance to - liquidate one of our most dangerous adversaries. - - “As a result of his military plans, Hitler suggested the use of - Romanian territory for concentrations of German troops, and, at - the same time, he requested me to participate directly in the - attack on the Soviet Union. - - “Hitler stressed the point that Romania must not remain outside - this war, for, if she wished to have Bessarabia and North - Bukovina returned to her, she had no other alternative but to - fight on Germany’s side. At the same time he pointed out that, - in return for our assistance in the war, Romania would be - allowed to occupy and administer other Soviet territories, right - up to the River Dnieper. - - “Since Hitler’s offer to initiate a joint campaign against the - U.S.S.R. corresponded to my own aggressive intentions, I - announced my agreement to participate in the attack on the - Soviet Union and pledged myself to prepare the necessary number - of Romanian troops and, at the same time, to increase deliveries - of the oil and food required by the German armies. - - “Before Hitler and I took the decision to attack Russia, I asked - Hitler whether he had any understanding with Hungary regarding - her participation in the war. - - “Hitler replied that the Hungarians had already given their - consent to participate in the war against the U.S.S.R. in - alliance with Germany. When, exactly, the Germans had agreed on - this joint attack with the Hungarians, Hitler did not specify. - - “On my return from Munich to Bucharest I began active - preparations for the coming campaign.” - -Antonescu concludes his testimony in the following manner—I refer to -Page 67 in the document book, the last paragraph of the testimony. - - “After the Romanian troops under my supreme command had invaded - the Soviet territory Hitler sent me a letter in which he - expressed his gratitude to me and to the Romanian army for the - assistance given. - - “Signed, Marshal Antonescu.” - -The date of the beginning of Romanian preparations for war against the -U.S.S.R. can be established from the depositions furnished by the former -Vice Minister, Mihai Antonescu, who was also interrogated by the Soviet -authorities upon the request of the Soviet Prosecution: I now submit his -testimony as Exhibit Number USSR-152 (Document Number USSR-152). I shall -not quote these depositions in detail since their greater part is a -repetition of some of the facts described already in the testimony of -Ion Antonescu. I shall only refer to a few paragraphs. I would refer you -to Page 1 of the testimony which is translated into Russian, Paragraphs -1, 2, and 5. This corresponds to Page 68 of the document book: - - “In November 1940 Marshal Antonescu, accompanied by the then - Minister for Foreign Affairs, Prince Studza, left for Germany, - where he had a meeting with Hitler. - - “During the negotiations with Hitler, Marshal Antonescu signed - the agreement for Romania’s adherence to the Tripartite Pact and - received Hitler’s promise for the later revision, in favor of - Romania, of the decisions of the Vienna Arbitration Treaty. - - “The first journey of Marshal Antonescu was the initial step of - a policy which subsequently led to a joint German and Romanian - attack on the Soviet Union.” - -Your Honors, the evidence of the witness, Paulus, as well as the -testimonies of Ion Antonescu and Mihai Antonescu, which have just been -submitted to the Tribunal, justify the Soviet Prosecution in making the -following statement: - -1. The decision to send to Romania a military mission of the German -General Staff for the reorganization of the Romanian Army, in order to -prepare for and subsequently to attack the U.S.S.R., was taken no later -than September 1940, that is, no less than 9 months prior to the attack -on the U.S.S.R. 2. In November of the same year, Romanian war -preparations had been fully developed. - -THE PRESIDENT: Perhaps that would be a good time to break off. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -GEN. ZORYA: Mr. President, at a further stage in my statement I had -intended presenting to the Tribunal a statement of General Buschenhagen, -general of the former German Army. I do not, however, intend to do so -now, since the Soviet Prosecution has the possibility of examining this -witness in court during the session. I, on my part, request your -permission to have this witness brought to the court for examination. - -THE PRESIDENT: You wish to call him now? - -GEN. ZORYA: Yes, that would be convenient, in view of several technical -reasons, and would facilitate the task of the Prosecution. - -THE PRESIDENT: Yes, certainly. - -[_The witness, Buschenhagen, took the stand._] - -THE PRESIDENT: What is your name? - -ERICH BUSCHENHAGEN (Witness): Erich Buschenhagen. - -THE PRESIDENT: Will you repeat this oath after me: “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._] - -GEN. ZORYA: Witness, will you tell the Tribunal when and where you were -born? - -BUSCHENHAGEN: I was born on 8 December 1895 in Strasbourg, in Alsace. - -GEN. ZORYA: Will you name your last military rank, please. - -BUSCHENHAGEN: I was general in the infantry in the German Army. My last -position was that of Commanding General of the 52d Army Corps. - -GEN. ZORYA: Will you tell us please, did you on 26 December 1945 appeal -to us with a statement in connection with the Helsinki trials? - -BUSCHENHAGEN: Yes. - -GEN. ZORYA: Do you confirm this statement now? - -BUSCHENHAGEN: Yes, I do. - -GEN. ZORYA: Will you please tell us what you know about the preparations -made by fascist Germany for attacking the Soviet Union? - -BUSCHENHAGEN: At the end of December 1940, in my position as Chief of -the General Staff of the German forces in Norway, I was called to the -OKH, where the then Chief of the General Staff, Generaloberst Halder, -had a conference with the chiefs of general staffs of the army groups -and of the independent armies, one of which was mine. At this conference -we were informed of the OKW’s Directive Number 21, the Plan Barbarossa, -which was issued on 18 December 1940. We were given in lectures the -basic reasons for the intended operations against Soviet Russia. - -From this directive I learned that troops of my army also would take -part in this operation. Therefore, I was especially interested in one -speech made by the Chief of Staff of the Finnish Army, Lieutenant -General Heinrichs, who was then also with the OKH. He spoke at that time -about the military actions in the winter war between Finland and the -Soviet Union. He drew a picture of the methods of warfare and the -fighting value of the Soviet Army and also of the Finnish troops. - -General Heinrichs also had conferences with Generaloberst Halder at that -time, in which I did not take part myself, but I assume that they were -concerned with possible co-operation between the Finnish and German -troops in case of a conflict between Germany and the Soviet Union. There -existed since the fall of 1940 a military co-operation between Germany -and Finland, and the German Air Force had made arrangements with the -Finnish General Staff for through traffic from northern Norway to the -Finnish harbors in the transport of men and material. As the result of -conferences, which the German military attaché had held in Helsinki by -order of the OKW, this through traffic was extended in the winter of -1940 to a general through traffic of the German Wehrmacht from northern -Norway to the Finnish Baltic seaports. In order to carry out this -traffic, a German Army administration center was set up in the main city -of Lapland, Rovanjemi, and a German army transport unit was transferred -to the Arctic Strait of Rovanjemi and Petsamo-Rovanjemi. Furthermore, -offices for supply were installed along this Arctic Sea route and along -the railroad which led from Rovanjemi to ports on the Finnish south -coast. - -In December to January 1940-41, I had, with the OKW, discussions about -details of the participation of troops from Norway together with Finnish -troops in attacks against the Soviet Union. - -GEN. ZORYA: Didn’t you also have conferences with the Finnish General -Staff about joint operations against the Soviet Union? - -BUSCHENHAGEN: Yes, I did. - -GEN. ZORYA: Tell us, who instructed you to negotiate with the Finnish -Government and what course did these negotiations follow? - -BUSCHENHAGEN: I had orders and authorizations from the OKW, which was -the immediate superior of myself and my army. In February 1941 I -received—after the basic facts had been cleared in regard to the -participation of the troops from Norway based in Finland—I received the -order to travel to Helsinki and to get in touch there, personally, with -the Finnish General Staff and to discuss with them these operations from -middle and northern Finland. - -On 18 February 1941 I reached Helsinki and on the 2 following days, I -had conferences with the Finnish Chief of General Staff, General -Heinrichs, his deputy, General Airo, and the Chief of the Operations -Detachment of the Finnish General Staff, Colonel Tapola. In these -conferences we discussed the possibilities for operations from middle -and northern Finland, especially from the area around Kuusamo and -Rovanjemi; also from the area of Petsamo. These conferences led to an -agreement of the different opinions. - -After these conferences I travelled, together with the Chief of the -Operation Detachment of the Finnish General Staff, Colonel Tapola, to -middle and northern Finland in order to study the area of -Urinsalmo-Kuusamo, the area east of Rovanjemi-Petsamo, the terrain, the -possibilities for deployment and billeting, and for operations from that -sector. For these reconnaissance trips the local Finnish commanders were -present. The trip ended on 28 February in Torneo, on the Finnish-Swedish -border. In a final conference it was determined that an operation from -the area of Kuusamo and Helsinki and an operation from the area east of -Rovanjemi in the direction of Basikamo would prove successful; that, on -the other hand, the operations from Petsamo towards Rovanjemi would have -considerable difficulty with the terrain. That was the end of my first -series of conferences with the Finnish General Staff. - -As a result of these discussions there was worked out by the German High -Command of Norway a plan of operations for an operation from the Finnish -areas. The operational study was presented to the OKW and found its -approval. It then received through the High Command of Norway the name -of “Blaufuchs.” - -In May, that is, on 24 May, I met the Finnish Chief of Staff Heinrichs, -who had been invited to the Führer’s headquarters at Brandenburg and -flew with him to Munich, where I had with him and his chief of the -Operational Department of the Finnish General Staff, Colonel Tapola, a -discussion in preparation for another conference at Salzburg. - -On the 25th there was at Salzburg a conference between the OKW, Field -Marshal Keitel, Generaloberst Jodl on the one side, and on the other, -Lieutenant General Heinrichs and Colonel Tapola, at which the basic -plans for co-operation between German and Finnish troops were laid down. - -After this conference I travelled, together with General Heinrichs, to -Berlin. There we had further conferences at the Economic Armament Office -of the OKW, as to the delivery of material to the Finnish Army. There -were also conferences with the General Staff of the Air Force concerning -joint questions of the air war and the reinforcement of the Finnish Air -Force with matériel. General Heinrichs, after these discussions, also -had a meeting with Generaloberst Halder, in which I did not participate. - -For the third time I met the Finnish General Staff on 2 June. In my -statement of 26 December I said that this conference took place at the -end of April or the beginning of May; that was a mistake. As a matter of -fact, it took place on 2 June. - -At these conferences, which again took place between General Heinrichs, -General Halder, and Colonel Tapola, the details of this collaboration -were worked out, such as the timetable, the schedule, measures of -secrecy as to the Finnish mobilization; there it was decided that the -Finnish mobilization should first take the form of reinforcement of the -border patrols, and then the form of further enlistments for the -military training of reservists and reserve officers; a decision was -also reached about the deployment and formation of German-Finnish forces -in such a way that the main Finnish forces, under the command of Field -Marshal Mannerheim in the south, should operate together with the German -Army Group North, coming from East Prussia, in the direction of -Leningrad and also towards the east of Lake Ladoga. - -The other Finnish forces were to be under the command of Generaloberst -Von Falkenhorst north of the Rivers Ulo and Ulojoki. For this army of -Generaloberst Von Falkenhorst there were three directions of attack; a -southern group from the area of Kuusamo through Kerskienski against the -Murmansk railroad; the middle group east of Rovanjemi through Salla -Kandalaksha and finally, a northern group starting from around Petsamo -against Murmansk. There was complete agreement on all these questions -and also there were details discussed about exchange of information, -about the use of Finnish means of transportation and by representatives -of the Air Force about joint questions of air warfare and about the use -of Finnish airports by the German Air Force. - -After these discussions I returned to Germany in order to work out their -results and put them into action on behalf of Germany. Then again, on 12 -or 13 July I flew to Helsinki for the purpose of conferring with -Lieutenant General Erfurt, who was the German liaison officer with the -Finnish Armed Forces. We met General Heinrichs at Helsinki and gave him -a memorandum on the points which we had agreed upon in previous -conferences. He agreed to these points, except for a minor detail. Then -I turned over my duties as liaison officer with the Finnish General -Staff to Lieutenant General Erfurt, to take up my activities as Chief of -General Staff of the German Army in Lapland. - -GEN. ZORYA: I should like to ask you a last question. If it is not too -difficult for you, will you please indicate what was the exact character -of these preparations of the OKW and the Finnish General Staff? More -especially, at the planning of these operations was the necessity of -defense taken into consideration? - -BUSCHENHAGEN: All agreements between the OKW and the Finnish General -Staff had as their sole purpose from the very beginning the -participation of the Finnish Army and the German troops on Finnish -territory in the aggressive war against the Soviet Union. There was no -doubt about that. If the Finnish General Staff, to the outside world, -always pointed out that all these measures had only the character of -defense measures, that was just camouflage. There was—from the very -beginning—no doubt among the Finnish General Staff that all these -preparations would serve only in the attack against the Soviet Union, -for all the preparations that we made pointed in that same direction, -namely, the plans for mobilization; above all, the objectives for the -attack. Nobody ever reckoned with the possibility of a Russian attack on -Finland. - -Since, for cogent military reasons, the operations for attack from -Finnish territory could start only 8 to 10 days after the beginning of -the attack against Russia, certain security measures were taken during -and after the attack, but the whole formation and lining-up of the -troops was for offensive and not defensive purposes. I believe you can -see sufficiently from that the aggressive character of all these -preparations. - -GEN. ZORYA: I have no further questions to ask. - -THE PRESIDENT: Does the French prosecutor wish to ask any questions? - -FRENCH PROSECUTOR: No questions. - -THE PRESIDENT: Does the United States Prosecution wish to ask any -questions? - -UNITED STATES PROSECUTOR: No questions. - -THE PRESIDENT: Do defendants’ counsel wish to cross-examine? - -DR. LATERNSER: Witness, in this Trial a group of people are under -indictment with the purpose of declaring them criminals. Included in -this group, to state it shortly, are all the commanders-in-chief of the -several parts of the Armed Forces. - -Have you ever had any knowledge before the beginning of the attack -against the Soviet Union that an order came out, according to which the -captured commissars had to be executed? - -BUSCHENHAGEN: Yes. - -DR. LATERNSER: Did you at any time speak to your commanding general, -Generaloberst Von Falkenhorst, concerning this order? - -BUSCHENHAGEN: Yes. - -DR. LATERNSER: What opinion did Generaloberst Von Falkenhorst and -yourself hold concerning this order? - -BUSCHENHAGEN: That this was a criminal order. - -DR. LATERNSER: Since you had that opinion, I would like to ask you -whether, within your army, this order was carried out? - -BUSCHENHAGEN: Actually it was not carried out. - -DR. LATERNSER: For what reasons was it not carried out? Perhaps because -the commander and his chief and you, Witness, were of the opinion that -this order should not be carried out or because it would not have been -practicable, for, as it is known, the Soviet commissars fought until the -last and fell and, in cases where they were captured, their papers, -which showed them to be commissars, had already been destroyed? - -For what reason was this order not actually carried out? - -BUSCHENHAGEN: Firstly, in view of the line taken by Generaloberst Von -Falkenhorst and myself, comments were added to it before it was passed -on, in other words, we let the troops know that inwardly we were not in -agreement with it—and we found our commanding generals to show a full -understanding. Secondly, because of the reason given by you, because, as -a matter of fact, not a single commissar fell into our hands, as far as -I can remember. - -DR. LATERNSER: Witness, do you know any other commanders who had the -same attitude as you had with regard to this order? - -BUSCHENHAGEN: No. - -DR. LATERNSER: Do you answer “no” because you did not speak to others? - -BUSCHENHAGEN: I did not speak to others because in Norway I was so -isolated from other armies that I had no opportunity of speaking to -others. - -DR. LATERNSER: Witness, aren’t you of the opinion that the great -majority of the commanding generals had the same attitude concerning -this order as you and your commanding general? - -BUSCHENHAGEN: I cannot answer that because I cannot speak the minds of -the others. - -DR. LATERNSER: I have no further questions. - -THE PRESIDENT: Do any other defendants’ counsel wish to ask questions? -General, do you wish to ask any questions in re-examination? - -GEN. ZORYA: I have no further questions. - -THE PRESIDENT: Then the witness will retire. - -[_The witness left the stand._] - -GEN. ZORYA: This morning I had to stop before reading the testimony of -Pantazi, Romania’s former Minister of War, which I intend to present to -the Tribunal as Exhibit Number USSR-154 (Document Number USSR-154). -Pantazi describes in detail the preparations of Romania for war. I would -ask you to accept this testimony as evidence. You will find it on Page -71 of the document book. I shall now read such extracts of this document -as are of interest to us: - - “Romania’s preparations for war against the Soviet Union began - in November 1940 when, in accordance with the agreement signed - by Marshal Antonescu in Bucharest, regarding Romania’s adherence - to the Tripartite Pact, there arrived in Bucharest German - military missions, consisting of groups of German - officer-instructors; those for the army were headed by General - Hansen, those for the Air Force by Major General Speidel. - - “With the arrival of the German military missions in Romania, - the Chief of the General Staff of the Romanian Army, General - Joanitiu, acting on the orders of Antonescu, issued an order to - the army, regarding the admission of German officer-instructors - into units and groups, for the purpose of reorganizing and - re-educating the Romanian forces in accordance with the code of - regulations of the German Army. - - “At the same time, and still acting on Marshal Antonescu’s - orders, all reserve officers of the Romanian Army were called up - for a course of 2 months of retraining and underwent instruction - under German direction. - - “During the period of the retraining of officers, the General - Staff of the Romanian Army drafted a plan for calling up into - the Army 12 age groups due for mobilization in case of war, the - training of all these groups to be carried out in accordance - with the demands of the code of regulations of the German Army, - to be completed by 1 July 1941. - - “The higher Romanian officers underwent similar retraining in - their respective branches of the service. - - “In this way, under German leadership and prior to the beginning - of the war by Germany and Romania against the Soviet Union, the - whole of the Romanian Army and Air Force were reorganized and - retrained along German lines.” - -I shall omit two paragraphs which are of no importance and I pass to the -second paragraph, which you will find on Page 72 in the document book. -These are also depositions of Pantazi. - -THE PRESIDENT: General, in view of the evidence which you have already -presented to the Tribunal, the Tribunal is inclined to think you could -omit these details of the preparations made in Romania and go on to the -place where you deal with the number of German divisions who deployed on -the Romanian frontier. - -GEN. ZORYA: Yes, this question is of importance. I hesitate at present -to point out the exact passage which deals with it—it must be on Page -74 in the document book: - - “In this connection the following units which were already - mobilized and ready for action against the Soviet Union were, in - February 1941, on Marshal Antonescu’s orders, directed to the - frontiers of North Bukovina and Bessarabia: The 4th Alpine Rifle - Division, the 7th, 8th, and 21st Infantry Divisions, the - Infantry Division of the Guards, a cavalry corps and another - infantry division whose name I do not recall at present. In - addition, 3 German divisions, selected from the 21 German - divisions moving to Greece across Romania, were sent to the - U.S.S.R. frontier.” - -I omit several paragraphs. On Page 73 of your book of documents we find -the following extract from Pantazi’s testimony, marked in pencil: - - “In accordance with instructions from Marshal Antonescu in May - 1941, the following divisions were likewise sent to the - frontier: The Frontier Division, the 3rd and 1st Alpine Rifle - Divisions, the 13th Infantry Division, and a Panzer division. - Concurrently with these divisions the Germans transferred to the - U.S.S.R. frontier seven German divisions. - - “Consequently, prior to the beginning of the Romanian and German - attack on the Soviet Union, there were concentrated on the - frontier between Romania and the U.S.S.R. 12 Romanian and 10 - German divisions, totalling up to 600,000 men.” - -Thus the documents which have just been submitted to the Tribunal -justify the assertion that Romania’s preparations for aggression against -the Soviet Union on the directions received from the staff of the -fascist conspirators had begun long before they found expression on -paper in Plan Barbarossa. Having attacked the Soviet Union, Hitler’s -lackeys expected gratitude from their masters for services rendered. On -27 July 1941 Hitler sent a letter addressed to Antonescu expressing -gratitude to him and to his army. - -I submit to the Tribunal this letter from Hitler, addressed to Antonescu -as Exhibit Number USSR-237 (Document Number USSR-237). Hitler writes in -this letter—Page 1 of the Russian translation of the letter, Paragraph -3, Page 74 in the document book presented to the Tribunal: - - “To congratulate you wholeheartedly on this great success is for - me personally as great a happiness as it is a satisfaction easy - to understand. The winning back of Bessarabia will be the most - natural reward for your effort and those of your gallant - troops.” - -The promises of the fascist bosses were not limited to Bessarabia alone. - -I beg for permission to return to the conversation of 12 February 1942, -between Antonescu and the Defendant Ribbentrop. This conversation is set -forth in a document which I presented as Exhibit Number USSR-233 -(Document USSR-233). I am now referring to Paragraph 3 of the Russian -translation of this document—3rd paragraph from the top of this -page—which you will find on Page 61 of the document book. It consists -of the following entry made by Antonescu: - - “I reminded Herr Von Ribbentrop that, at the banquet given by - him, he raised his glass to the happiness of a great Romania, to - which I replied that we have entered into an alliance with the - Axis in order to create a ‘Great Romania.’” - -What, then, was this “Great Romania” to represent, to which the -Defendant Ribbentrop had raised his glass? - -This can be seen from the document which I now submit to the Tribunal as -Exhibit Number USSR-242 (Document USSR-242). This document is one of -Antonescu’s letters—a copy of a letter—to Hitler, dated 17 August -1941. I request you to read this document into the record, and I -consider it necessary to read Paragraphs 2 and 4 from it, which -correspond to Page 2 of the Russian translation in the document book in -your possession. The corresponding text is on Page 78. I quote Paragraph -2. Antonescu writes: - - “In compliance with the wish of Your Excellency, I take upon - myself the responsibility for guarding the territory between the - Rivers Dniester and Dnieper, for maintaining order there, and - for its security, in which connection it will only be necessary - to delineate a boundary to this territory on the north.” - -Paragraph 4 of this letter: - - “In order to maintain order and to control the economic - exploitation of the occupied territory, and foreseeing the - continuation of the war, I consider it absolutely necessary that - unity of command should be established. - - “I therefore beg Your Excellency to give precise instructions - defining my rights and responsibilities for the administration - and economic exploitation of the territory between the Rivers - Dniester and Bug, as well as for the guarding, the maintenance - of order and the security of the whole territory between the - Rivers Dniester and Dnieper. - - “I beg you, Your Excellency, to accept the best assurances from - your devoted Marshal Antonescu.” - -Two days after this letter was written Antonescu appointed a governor of -the occupied regions of the Soviet Union, to which he gave the name of -the “Transnistrian” regions. - -I present to the Tribunal as Exhibit Number USSR-295 (Document Number -USSR-295), the testimony of this “governor,” George Alexianu, who was -taken prisoner by the Red Army, and beg you to accept it as evidence. - -Alexianu, giving details of his nomination, testifies as follows—Page -2, Paragraph 2, of the Russian text, Page 79 in the document book which -is in your possession. I quote: - - “Antonescu said that, in connection with the successful advance - of the German Army, Hitler wrote him a personal letter in which - he offered to annex to Romania the Soviet territories extending - from the Dniester to the Dnieper which had been captured by the - German troops and to establish there their own occupational - authorities.” - -On Page 80 of the document book at the top of Page 3 of the Russian text -of the testimony, Alexianu states that in the summer of 1942 he was -present at the Council of Romanian Ministers at which Marshal Antonescu, -referring to the successes of the German and the Romanian armies on the -Eastern Front, stated: - - “It is now evident for us all that I acted rightly when, as - early as November 1940 I came to an agreement with Hitler on the - joint attack against the Soviet Union.” - -However, the generosity of the fascist Führer, who gave Soviet -territories away, right and left, to his vassals, diminished noticeably -in the course of the war as the Red Army successes grew. - -I have here before me one of Hitler’s letters to Ion Antonescu, dated 25 -October 1943. I beg the Tribunal to accept it as evidence as Exhibit -Number USSR-240 (Document Number USSR-240). Something like 2 years and 3 -months had passed since the moment when Hitler complimented his Romanian -satrap on the seizure of Bessarabia. Quite recently, Antonescu had still -been worrying over the question of organizing a “unified” administration -in Transnistria. Circumstances and conditions had altered. Hitler now -writes—I quote the second paragraph from the top of Page 1, which you -will find on Pages 82-83 of your document book: - - “My further request concerns the essential exploitation of - Transnistria, that as a rear theater of operations for Army - Groups A and South it should not be hampered by any formal - juridical or economic considerations and difficulties. I must - further request you to put at the disposal of the German - authorities the entire network of the Transnistrian - railways. . . .” - -As a poor consolation Hitler adds—Page 82 of the document book: - - “All military measures . . . have, as their final aim, the - preservation of Transnistria for Romania.” - -Then even Antonescu, who had so many times subserviently assured Hitler -of his submissiveness, reached the end of his endurance. On 15 November -1943 he wrote a lengthy reply to Hitler. In this letter Antonescu wrote -unrestrainedly how he fulfilled the will of his master at the expense of -his people. - -I present Antonescu’s letter to Hitler as Exhibit Number USSR-239 -(Document Number USSR-239). His letter is dated Bucharest, 15 November -1943. I quote, beginning with Paragraph 2 of this letter, towards the -end of Page 5 of the Russian text. It is on Page 88 of the document -book: - - “As to the regime in Transnistria we agree with your Excellency - that it is neither opportune nor timely to examine in the spirit - of a banker the problem of this territory as a military zone, a - zone of supply, _et cetera_. - - “I should like to begin by explaining the causes of my anxiety. - - “I do not know whether the truth about the Romanian - participation in the war, from 1941 to the present moment, has - always been told you: That this war has cost Romania 300,000 - million lei; that during this period we gave Germany more than 8 - million tons of oil, thus threatening our own national stocks, - as well as the deposits themselves; that we are bearing heavy - expenses incurred in supporting the families of 250,000 men who - lost their lives in battle.” - -Here I omit four paragraphs which have no bearing in the gist of the -matter and continue to read on Page 89 of the document book. - - “Of course, the arrival of troops on the Transnistrian territory - is, as you say, a shield on the gates of Romania. Our only - desire is that all be in good order and utilized in the most - advantageous manner possible. . . . - - “As regards the transfer of the Transnistrian railways into - German hands for the purpose of increasing transportation, I beg - Your Excellency to reconsider this question. In our opinion this - transfer is not necessary. - - “Transnistrian railways, from 1941 to the present day, - functioned well under Romanian administration. They always - satisfied German demands and their management was always highly - appreciated.” - -I request you to turn one page of the document book. I now read an -extract from Page 90 of the book: - - “If the traffic capacity of the Transnistrian railways cannot - still be further increased in pursuance to the generally - established joint plan, we cannot bear any responsibility for - that fact. Here too we kept our obligations.” - -And two paragraphs further on, the same page, the following statement is -made: - - “I am sure that our railway administration could carry out the - measures necessary in order to increase the traffic capacity and - to improve the organization. - - “As I personally was in charge of the organization of the - administration and economics of this region, it would be a great - mortification to me if the administration of the railways were - to pass to German hands, since one would justly say that our - incapacity in this respect was the reason for such measure.” - -There came a moment in the relations between the two aggressors when the -former harmony, based on the seizure of foreign lands and wealth, gave -place to arguments on the question as to who should bear the great -financial responsibility for the losses suffered as a result of the -criminal adventure embarked upon by both partners. - -This is revealed by the following document, captured from the personal -archives of Antonescu and which I intend to present to the honorable -Tribunal as Exhibit Number USSR-245 (Document Number USSR-245). I should -like to read a quotation from this document, which is lengthy but which -is very important in enabling us to realize the relationship between -fascist Germany and her satellites. This document is entitled, “General -Hansen’s Meeting with Marshal Antonescu on 7 July 1943.” - -As Your Honors will no doubt remember, General Hansen was the head of -the German Military Mission of the German General Staff in Romania. I -shall read into the record excerpts from this document, underlined in -red pencil, on Pages 92 and 93 of the document book. . . . - -THE PRESIDENT: Wouldn’t it be possible for you to summarize these -documents with reference to Romania? Because you have already drawn our -attention to a considerable amount of evidence with reference to -Romania’s participation, General Antonescu’s statements and other -evidence of that sort. Possibly you would be able to go on then to the -question of the Hungarian participation—in Document Number USSR-294. -What you are reading us now really shows the extent, no doubt, of the -Romanian participation, but it is all after the aggression. I thought, -from looking at it, that you could possibly go on to USSR-294. - -GEN. ZORYA: If the Tribunal wishes, I shall certainly do so. - -THE PRESIDENT: I think it would save time and would not detract from the -case at all. - -GEN. ZORYA: I shall summarize this document in a few sentences, and I -shall then pass on to the next document. - -THE PRESIDENT: Very well. - -GEN. ZORYA: The sense of this conversation is interesting insofar as it -reveals the shameless bargaining which went on between Hansen and -Antonescu. The objects of this bargaining were money, war supplies, and -human lives. Antonescu, who was beginning to feel the disadvantage of -the absence of any kind of proper agreement with Germany, insisted that -all subsequent dealings, whether of a material or any other nature, be -subjected to appropriate official agreements. He demanded from Germany -the delivery of various war supplies either of a technical or, in last -analysis, of a monetary nature. And when General Hansen said that -Germany had no lei, Antonescu replied, “If you have no lei, give us at -least arms and equipment.” That is how the document describes the policy -pursued by fascist Germany for extracting the most varied resources from -her vassals. - -Now, I should like to touch briefly upon certain methods of foreign -policy which the Hitlerites used in dealing with their vassals. I should -like to dwell on the policy pursued by the Hitlerite conspirators in -regard to the question of Transylvania. Holding out the question of -Transylvania as bait, the Hitlerite conspirators forced their Hungarian -and Romanian vassals to work out their own promotion. - -I submit, as Document Number USSR-294, the depositions of -Ruszkiczay-Ruediger, a former Generaloberst of the Hungarian Army. - -Prior to May 1941, Ruszkiczay-Ruediger held important posts in the -Hungarian Foreign Ministry. Subsequently, prior to September 1942 he -commanded an army corps, after which he became Deputy War Minister of -Hungary. - -Now, I should like to read the deposition of Ruszkiczay-Ruediger, -concerning the Transylvanian question. The passages which I should like -to read into the record are on Page 3 and on the top of Page 4 of the -Russian text, which corresponds to Pages 102 and 103 of the document -book: - - “The second Vienna Arbitration Treaty assumed the form of a - decision which was of little profit to Hungary. The district of - Megyes-Kissármés, where natural oil could be obtained, was - reserved for Romania. In Hungarian political and military - circles this was interpreted in such a way that in the Second - Vienna Arbitration Treaty Hitler thought himself in alliance - with Romania in the war against Soviet Russia. The fact that - Hitler considered Romania a more important ally than Hungary was - explained on the grounds that in an eventual war with the Soviet - Union, Germany would undoubtedly need Romania’s southern wing - which extends to the Black Sea. - - “In an official conversation which took place towards November - 1940 the Chief of the Operational Group of the Hungarian General - Staff, Colonel Laszlo, told me the following: - - “‘The second Vienna Arbitration Treaty has aroused bitter envy - of Romania in Hungary, and it is up to us to obtain advantages - from Hitler.’” - -I would remind you that Antonescu, in his testimony, presented to the -Tribunal earlier in the day, said, when speaking of his negotiations -with Hitler: - - “In November 1941 Hitler told me that the final word had not - been spoken in the Vienna Arbitration Treaty, thereby giving me - to understand that Romania could still count upon a revision of - the decision previously adopted on the question of - Transylvania.” - -However, soon after, while visiting Budapest, the Defendant Ribbentrop -expressed an entirely opposite point of view. - -I shall present to the Tribunal three documents which illustrate the -attitude of Hitler, Ribbentrop, and Göring under these circumstances. I -submit in evidence Exhibit Number USSR-235 (Document Number USSR-235), -containing the minutes of one of the subsequent conversations between -Antonescu and Hitler, which took place on 3 April 1942. This document -will be found on Pages 113-116 of the document book. I shall read some -excerpts from this document, on Page 3 of the Russian translation, which -corresponds to Page 113 in the document book. I quote: - - “I”—Antonescu—“reminded him”—Hitler—“that the Hungarian - statesmen did not hesitate to declare openly in Parliament and - in the press after Ribbentrop’s visit to Budapest that should - they intervene”—that is, should they send their - troops—“Transylvania is to remain Hungarian; such rumors - circulate, and they greatly demoralize the Romanians. Hitler - gave me his word of honor that such promises had not been made - and could not have been made, and that this does not correspond - to actual facts.” - -In this way Hitler juggled with promises to encourage his satellites. - -THE PRESIDENT: Shall we adjourn now for 10 minutes? - - [_A recess was taken._] - -GEN. ZORYA: The next document, which I am submitting to the Tribunal as -Exhibit Number USSR-183 (Document Number USSR-183), concerns the -Transylvanian question and the Defendant Ribbentrop. It is the record of -a conference between Antonescu and Von Dörnberg, Chief of Protocol of -the German Ministry for Foreign Affairs, which took place at the -frontier on 10 February 1942. I am asking the Tribunal to accept this -record as evidence. This document, taken from the personal archives of -Marshal Antonescu, was captured by the advancing Red Army. I do not -consider it necessary to read the entire document into the record, and I -shall merely confine myself to a few excerpts. Will you please open your -document book on Page 116, where there is a record of the conference -between Antonescu and Von Dörnberg of 10 February 1942. I quote: - - “He openly introduced the subject of the Order of Charles the - First which Herr Von Ribbentrop was claiming for himself through - various German official channels in our country, as well as - through the Romanian officials accredited to the German - Government.” - -I pass to the next page, Page 117 of the document book. I quote: - - “I told Herr Von Dörnberg that I would not be able to grant this - award until Herr Von Ribbentrop, at the very first opportunity, - made a public declaration also to Romania, a declaration which - would bolster up the faith of the Romanian people in their - struggle for the cause of justice and for their legitimate - claims in the Europe of the future. I would, therefore, grant - him this award on condition that it be made public only after he - had made this declaration. - - “Herr Von Dörnberg asked for time to reflect on the matter. - - “Next day, before entering the railway coach, he asked me to - hand him the decoration, telling me that Von Ribbentrop wanted - it and requesting me not to divulge our conversation to - Ribbentrop, since he now promised to make the award public only - upon the fulfillment of my conditions. On this condition I gave - him the decoration, without the appropriate certificate.” - -Thus Ribbentrop was prepared to disclaim his Budapest statement on -receipt of the Romanian order. - -I have also at my disposal a record of a conference between Antonescu -and Göring. Will you kindly turn to Page 118 of the document book. -Unfortunately, this document, discovered together with other documents -in Antonescu’s personal files, previously mentioned by me, is undated. -We submit this document as found. I present it as Exhibit Number -USSR-238 (Document USSR-238), and I am reading one excerpt only. I -quote: - - “During the conversation at Karinhall, Marshal Göring was very - reticent on the problem of Transylvania. On the way, in the car, - he said to the Marshal”—that is to Antonescu: - - “‘After all, why do you quarrel with Hungary about Transylvania, - which is actually more German than Romanian or Hungarian.’” - -We may, presumably, agree that on this occasion Göring had expressed the -viewpoint of the fascist conspirators on the problem of Transylvania -with a sufficient degree of truthfulness. - -With a view to concluding the clarification of Germany’s mutual -relations with her vassal, Romania, I should like to emphasize the -subject of crude oil. In this field, Romania was one of Germany’s -principal suppliers. - -Both before and during the war the Hitlerites extracted oil from Romania -by all possible means. Antonescu, by the way, refers to this in one of -his letters which has already been read into the record. I shall now -submit two documents which sufficiently prove how important this -question was to Germany, and how significant it was considered by the -Hitlerites themselves. As Exhibit Number USSR-244 (Document Number -USSR-244), I present an urgent telegram from the Defendant Keitel, -addressed to Marshal Antonescu and received by the latter on 31 October -1942. I shall not explain in detail how this document was taken from the -personal archives of Antonescu, in the same way as the previous one. I -now read this telegram into the record and would ask you to accept it as -evidence—to be found on Page 119 of the document book: - - “Telegram to the German Mission for direct transmission to - Marshal Antonescu. - - “Herr Marshal! In the name of the Führer I approach Your - Excellency with a request for your personal intervention in the - matter of accelerating, as far as possible, the delivery of the - maximum possible quantity of fuel to the Italian Fleet, which is - absolutely essential to the latter for the continuance of - military operations in the Mediterranean. - - “The absence and lack of all means of transport for further - operations have resulted in a critical situation in North - Africa, and the transport of supplies depends entirely on the - delivery of adequate quantities of fuel. - - “I beg Your Excellency to increase to the maximum degree those - deliveries of fuel to Italy, which are exclusively reserved for - supplying the fleet called upon to maintain important positions - in the Mediterranean for the purpose of the joint warfare. - - “I have chosen this method of direct appeal to you because I am - sure that your personal intervention will result in the - assistance required. - - “Yours in comradely esteem, signed Keitel, Field Marshal.” - -Allow me now to submit the telegram which Antonescu sent in reply to -Keitel. Please turn to Page 120 of the document book, Exhibit Number -USSR-244(a), (Document Number USSR-244(a)). - -THE PRESIDENT: Could you summarize the contents of this document. - -GEN. ZORYA: I can summarize the contents of that telegram in two -sentences. In reply to the Defendant Keitel’s tearful appeal to increase -to the maximum degree the fuel supplies, Antonescu replied, in a wire -addressed to Keitel, that he would meet his engagements in full, but -that the supplies previously requested by the German officials had -already been delivered and that it was impossible to send any more. If -something could eventually be saved from the quantities used inside -Romania then perhaps, somehow or other, Romania might be able to help -her allies. On the whole, Antonescu begged General Keitel to accept his -expressions of regard and high esteem, but would not give him any more -oil. - -Allow me to remind you, Your Honors, that in October and November 1942 -Rommel’s fate was being decided in North Africa, and that at the same -time the Red Army was barring Germany’s advance on the Grozny and Baku -oil fields on the borders of Mozdok. It is obvious that the Germans -lacked sufficient quantities of crude oil. - -I shall read one extract from the minutes of a conversation which took -place on 12 February 1942, between Antonescu and the Defendant -Ribbentrop, which has not, as yet, been read into the record. I have -previously submitted to the Tribunal the record of this conversation as -Exhibit Number USSR-233. I ask you to turn to the end of Page 51 and to -Page 52 of the document book, which corresponds to Page 4 of the Russian -text. There you will find the following lines. In reply to Ribbentrop’s -question on the subject of crude oil, Antonescu stated: - - “As for crude oil, Romania has contributed the maximum which it - was in her power to contribute; she can give no more. The only - way out of the situation would be to seize territories rich in - oil.” - -We should note here that Antonescu was not at all original in his idea -of seizing other people’s territories, rich in oil. - -I am asking Your Honors to refer to Pages 121-129 of the document book. -There is one document taken from the private office of the Defendant -Rosenberg, which is entitled, “About the Organization of the Caucasus.” -I submit this document to the Tribunal as Exhibit Number USSR-58 -(Document Number USSR-58), and I would ask you to accept it as evidence. -In July 1941 the Defendant Rosenberg formulated the German opinion on -this question—Page 122 of the document book as follows: - - “Germany is interested in creating a stable position in the - entire Caucasus in order to secure the safety of continental - Europe, that is, to safeguard for herself the link with the Near - East. It is only this link with the oil fields that can make - Germany and the rest of Europe independent, in the future, of - any coalition of maritime powers. The aim of German policy is to - control the Caucasus and the adjoining lands to the south, both - politically and militarily.” - -Will you please turn to Page 124 of the document book as well as to Page -4 of the Russian text of the document from which I am quoting. The same -idea is formulated there by the Defendant Rosenberg with extreme -clarity. I quote, “Economically, the German Reich must take all oil into -its hands.” - -Your Honors, I shall not dwell in detail on the relations between the -fascist conspirators and their other satellite, Finland, inasmuch as the -witness, Buschenhagen, offered sufficiently conclusive evidence on this -question; and the Tribunal has probably already got some definite ideas -on the subject. I just want to remind the Tribunal that according to -Paragraph 3, Section 2, of Plan Barbarossa, Finland was to cover the -advance of the German landing of Group North, consisting of units of the -21st Group, which was due to arrive from Norway, and then to operate -jointly with that group. According to Plan Barbarossa, the liquidation -of the Russian forces at Hangö was also assigned to Finland. - -I would also like to remind the Tribunal that Section 2 of the temporary -Plan Barbarossa, which has been presented to the Tribunal by the -American Prosecution as Document Number C-39, mentions Finland’s -participation in the war; as I have already reported to the Tribunal, -the following sentence is to be found in this section, which corresponds -to Page 52 of the document book. “The preliminary negotiations with the -Finnish General Staff have been under way since 25 May.” - -I should also like to invite your attention to the following paragraph -of the same document, Page 58 of the document book: - - “Provision has been made for transportation from the Reich to - Norway of one security division and 18 artillery battalions, and - for transportation to Finland of one reinforced infantry - division complete with army corps units. Of the units, one - infantry division, two mountain divisions and the SS Group North - are designated for Case Silver Fox. - - “It has been planned, on the outbreak of military operations, to - bring by rail, through Sweden, a further division for the attack - on Hangö.” - -I consider that I am now justified in stating that the date of 25 May -1941, indicated in the temporary Plan Barbarossa as the date on which -the negotiations with the Finnish General Staff were opened, was -incorrect. The indication of this date, which did not correspond to -reality, was an attempt to disguise the preparations for aggression, -presenting them to the outside world as preparations for a so-called -preventive war. - -In addition to the testimony of the witness, Buschenhagen, already given -to the Tribunal, I shall now present, as Exhibit Number USSR-229 -(Document Number USSR-229), the depositions of a former colonel of the -German Army, Kitchmann, which I beg you to accept as evidence. - -Kitchmann held the office of military attaché in the German Embassy at -Helsinki since 1 October 1941. You will find this testimony on Page 130 -of the document book. I shall read a very short extract therefrom into -the record: - - “A long time before 22 June 1941, the German Government and the - High Command of the German Armed Forces jointly carried out - secret negotiations with the Finnish Government and the General - Staff of the Finnish Army and prepared the attack on the Soviet - Union. I learned about the preparation for the attack on the - Soviet Union by the German and Finnish Armies under the - following circumstances: On my arrival at Helsinki in October - 1941, as acting German military attaché, I had numerous - conversations with Major Von Albedill, the aide of the German - military attaché who formerly served in the Military Attaché’s - Department in the OKH, General Staff of the Army. - - “Albedill acquainted me with the situation in Finland and its - military and political background, since Major General Rössing, - the military attaché, was seriously ill and receiving treatment - at the health resort of Merano in the Tyrol. In the course of - these conversations Albedill told me that already in September - 1940, Major General Rössing, acting on an order of Hitler and of - the German General Staff, had organized the visit of Major - General Taloela, Plenipotentiary of Marshal Mannerheim, to the - Führer’s headquarters in Berlin. During this visit an agreement - was reached between the German and Finnish General Staffs for - joint preparations for the attack and for warfare against the - Soviet Union. - - “In this connection General Taloela told me, during a conference - at his staff headquarters in Aunus in November 1941, that he, - acting on Marshal Mannerheim’s personal orders, had—as far back - as September 1940—been one of the first to contact the German - High Command with a view to joint preparation for a German and - Finnish attack on the Soviet Union.” - -I ask your permission to conclude herewith the presentation of the -documents concerning the relations between fascist Germany and her -satellite, Finland, since—I repeat—Buschenhagen’s testimony has -relieved me of this necessity. - -I should like to make one brief résumé: - -Buschenhagen’s testimony disposes of all attempts to assert that the war -waged by Finland was a separate war and was disassociated from the war -aims of fascist Germany. Finland’s entry into the war had been envisaged -in the war plans of the fascist conspirators and corresponded to the -aggressive intentions of the Finnish rulers. The Finns, like the other -satellites of Germany, waged war in the hope of gaining whole regions -and republics of the Soviet Union. - -At the conference of 16 July 1941 Hitler spoke of the Finnish claims to -Eastern Karelia, the Leningrad region, and the city of Leningrad. In -proof of this fact I refer to Document Number L-221 presented by the -United States Prosecution. The extracts quoted from this document will -be found on the corresponding page of the document book, Page 141. - -Romania and Finland were two German satellites discussed in full detail -in Plan Barbarossa. The part these countries played in the plans of -German fascism was determined not only by the desire to utilize their -war potential—which without doubt was of some importance—but also by -their geographical position as operational bases on the flanks of the -Soviet Union. - -The documents presented to the Tribunal bear witness to the fact that -the inclusion of these countries in the preparation for attack against -the U.S.S.R. had been carefully plotted by the fascist conspirators, in -the same way as were all the preparations connected with Plan -Barbarossa. - -The third satellite of Germany, Hungary, is not mentioned at all in Plan -Barbarossa. However, this certainly cannot be taken to mean that the -participation of Hungary in the aggression against the Soviet Union had -not been planned by the fascist conspirators. - -I ask permission to refer to the testimony of Paulus—although he has -already testified before the Tribunal—which formulates very -clearly. . . . - -THE PRESIDENT: You aren’t going to give us Paulus’ affidavit over again, -are you? We have already had Paulus’ evidence in full. - -GEN. ZORYA: Yes, I have already mentioned that this is on Page 182. It -is the record of the interrogation of Paulus by General Rudenko. A copy -of this record may be produced before the Tribunal now and, furthermore, -it is on Page 143 of the document book. - -THE PRESIDENT: We have got his actual oral evidence; we don’t want his -interrogation. - -GEN. ZORYA: But I really need one particular paragraph of his testimony -in order to show the connection between the subsequent documents -relating to Hungary and the contents of my statement. It is just a few -lines. - -THE PRESIDENT: It must surely be cumulative, is it not? - -GEN. ZORYA: That which was presented to the Tribunal, I could express in -my own words, in two sentences. - -THE PRESIDENT: Is it in any way different from what Paulus has already -said? - -GEN. ZORYA: Yes. Do forgive me! I have just been told that Colonel -Pokrovsky has already read that extract into the record. I shall -therefore merely give a very brief summary of the extract and then pass -on to a further subject and shall not repeat myself. - -I have in mind, on the one hand, those paragraphs of Paulus’ affidavit -which state that the leading factor of Hungary’s policy was the full -recognition of Germany’s leading rule and that it was determined by two -basic factors, that is, the aspiration to territorial conquests with the -help of Germany and the fear of the growing power of Romania as -Germany’s ally; and, on the other hand, I have in mind that passage -where Paulus states that Hitler was far more prudent in disclosing his -plans to Hungary than to the other satellites, because he considered the -Hungarians as garrulous. It is true that Paulus immediately adds, on -Page 2 of his affidavit, that: - - “The essential reason was Hitler’s unwillingness to give Hungary - a chance of seizing the oil fields in the Russian oil district - of Dragovitch.” - -Following the opening of the offensive against the Soviet Union, the -Supreme Command of the Army, the OKH, issued an order to the 17th Army -to seize Dragovitch prior to the arrival of the Hungarians. - -Further, Paulus describes the circumstances of his negotiations with the -Hungarians regarding armament supplies. This—all this—has already been -mentioned by Colonel Pokrovsky. I wish only to refer to the fact that -this testimony of Paulus’ has undoubtedly lifted a corner of the veil of -mystery shrouding the mutual relations between the German and Hungarian -aggressors. - -In this connection, I consider it imperative to return to the -depositions by Ruszkiczay-Ruediger which are already at the disposal of -the Tribunal. This document has been presented as Exhibit Number -USSR-294. - -Touching on the occupation by Hungary of the Transcarpathian Ukraine in -1939, Ruszkiczay-Ruediger testified—see Page 2, Paragraph 3 of the -Russian text of the depositions which can be found on Page 101 of the -document book. I quote the following—the quotation is underlined: - - “This took place not long before the outbreak of the - German-Polish war. It then appeared as if economic advantages - and a new liberation from the Trianon Treaty were, for Hungary, - the primary objectives. - - “But from the time when the region of the Transcarpathian - Ukraine acquired a common boundary with Soviet Russia, we began - to attach a perfectly different significance to this region by - military preparations concerning this area. It was clear to us, - the high-ranking officers, that the political leadership both of - Germany and Hungary also considered this region strategically - important for future military operations against Soviet Russia.” - -On Page 9, Paragraph 2 from the bottom, Ruszkiczay-Ruediger tells us of -a conference which took place at the end of March 1941, in the course of -which the Hungarian Minister of War, Bartha, outlined the objectives of -the war with Yugoslavia. Among these objectives Bartha pointed directly -to the necessity of eliminating Yugoslavia as a possible ally of the -Soviet Union. - -However, a more complete picture of Germano-Hungarian relations, which -were determined by the preparation of an attack against the Soviet -Union, is contained in the statement by the Hungarian Major General, -Esteban Ujszaszy. From 1 May 1939 to 1 July 1942, Ujszaszy was Chief of -the Intelligence and Counterintelligence Services of the Hungarian -General Staff. In his official capacity during these years, he had -inside information on the secrets which shrouded this preparation. Some -of the things which he knew, he communicated to us in the document which -I submit to the Tribunal as Exhibit Number USSR-155 (Document Number -USSR-155). I ask you to accept this document as evidence. - -I will read into the record that part of Ujszaszy’s statement which may -clarify the question at issue. Beginning from Page 2 of the Russian -text—this corresponds to Page 149 of the document book—we find Section -2 entitled, “Preparation of Germany and Hungary for War against Soviet -Russia.” Paragraph 1 of this section is devoted to “Halder’s letters.” I -quote: - - “In November 1940 the German military attaché in Budapest, - Colonel Günther Krappe of the German General Staff, was received - in audience by the Chief of the Royal Hungarian General Staff, - Henry Werth. Krappe brought a letter from the Chief of the - General Staff of the German Army, Generaloberst Halder. - - “In that letter Halder informed Werth that in the spring of - 1941, ‘Yugoslavia would have to be compelled, if necessary by - force of arms, to adopt a definite position in order to exclude, - at a later date, the menace of a Russian attack from the rear. - In this preventive war, possibly against Yugoslavia and - definitely against Soviet Russia, Hungary would have to - participate if only in her own interests.’” - -Werth replied that he agreed with Halder’s concept but drew attention to -the lack of equipment in the Hungarian Army, which, at that time, was -not ready for war against Soviet Russia. His request, on the whole, was -for the completion, by Germany, of Hungary’s armaments. He was informed -of Halder’s letter and Werth’s reply thereto, by General Werth in -person. After that a Hungarian armament commission was invited to -Berlin. It consisted of officer-specialists from the Main Ordinance -Supply Division of the Royal Hungarian Ministry of Defense, and in -December 1940 the commission left for Berlin. The Hungarian requests -were as follows. . . . - -THE PRESIDENT: General, couldn’t you pass on to December 1940, where -Field Marshal Keitel invites the Hungarian Minister of Defense to come -to Berlin. It is just a few sentences down. - -GEN. ZORYA: Yes, I am passing on to this paragraph: - - “In December 1940, the Chief of the Supreme Command of the Armed - forces (OKW), Field Marshal Wilhelm Keitel, invited the - Hungarian Minister of Home Defense, General Carl Bartha, to come - to Berlin in order to: a) discuss personally the problem of - armaments; b) elaborate a plan of military and political - collaboration between Germany and Hungary for the spring of - 1941. - - “This invitation was transmitted to Budapest through the Royal - Hungarian Military Attaché in Berlin, Colonel in the General - Staff Alexander Homlok. At the same time, I received a similar - invitation from Admiral Canaris, Chief of the Foreign and - Defense Sections of the OKW.” - -I omit a long list given by Ujszaszy of persons who accompanied Bartha -on his trip, and I read further from Page 151 of the document book: - - “The information which we received follows: - - “In the spring of 1941 the position of Yugoslavia will be - clarified, the menace of a Russian Soviet attack in the rear - eliminated. . . . For this purpose the Hungarian Honved Army, - reinforced by the delivery of 10-centimeter field howitzers and - with up-to-date tanks for a ‘Mobile Brigade’ will be ready for - action. For the war against Russia, Hungary must make available - 15 operational units (including 3 mobilized, cavalry, and Panzer - units); she must also complete, by 1 June 1941, the erection of - fortifications in Transcarpathian Russia, assist the advance of - the German troops in the area adjacent to the Hungarian-Yugoslav - and the Hungarian-Soviet frontiers and facilitate the deployment - and the passage of supplies for the troops through Hungary. The - details for the operational preparation will be determined later - by representatives of the German General Staff about to be sent - to Hungary. As a political compensation for her participation, - Hungary will receive territory in Yugoslavia and in Soviet - Russia (the ancient Principality of Halicz) and the land at the - foot of the Carpathian Mountains, up to the River Dniester.” - -In March 1941 Eberhard Kienzl, a colonel of the German General Staff, -visited Budapest. The purpose of this visit was to make final -arrangements about the question of attack on Yugoslavia. - -This is what Ujszaszy has to say on the matter—Page 5 of the Russian -text, Paragraph 3, from the bottom of Page 152 of the document book: - - “The Colonel of the German General Staff, Eberhard Kienzl, - detachment Foreign Armies East in the OKH (High Command of the - Army), arrived in Budapest in March 1941 bringing with him a - letter from Generaloberst Halder to Generaloberst Werth. This - letter contained an insistent request on the part of Germany - that Hungary should participate in the possible war against - Yugoslavia by mobilizing the following army corps: I. Budapest, - II. Szekesfeherwar, III. Szombathely, IV. Pecs, V. Szeged, and - in the war against Soviet Russia by mobilizing 15 operational - units, including 1 cavalry division, 2 mechanized brigades, and - 1 mountain (rifle) brigade. - - “The letter announced the imminent arrival in Budapest of a - German delegation, headed by Lieutenant General Paulus, for - discussing combined operations and the deployment of German - troops against Yugoslavia through Hungarian territory. - - “In reply to this letter General Werth issued an invitation to - the German commission, held out prospects of Hungary’s - participation in the war against Yugoslavia and of producing, - for this purpose, 3 army corps, that is, the 1st, 4th, and 5th. - - “Concerning the war against Soviet Russia, he agreed in - principle, promising at least to mobilize the 8th Army Corps - (Kressikosice) as well as the mechanized operation units - demanded by Halder. - - “I was informed personally about this exchange of correspondence - by Colonel of the German General Staff, Kienzl.” - -THE PRESIDENT: General, speaking for myself, I cannot see that it makes -the slightest difference to this Tribunal whether Hungary was going to -put one army corps, or two army corps, or three army corps against the -Russians. It was absolutely clear from what you have already read, if we -are to believe it, that Field Marshal Keitel, in December 1940, was -demanding that Hungary should put at Germany’s disposal, for the war -against Russia, certain units. What does it matter if subsequent -negotiations alter the number of units? - -It seems to me that this evidence which is given is entirely cumulative. -It doesn’t add anything in the least to what you have already given us, -and you could go on to the next document, which is Number USSR-150 -(Exhibit Number USSR-150). Everything up to there is simply the -negotiations between members of the German and Hungarian General Staffs -as to exactly what units of the Hungarian Army were to be used. - -GEN. ZORYA: I quite agree with the President that the presentation of -the documents on this question should be restricted. - -THE PRESIDENT: The next one is 150? - -GEN. ZORYA: The Ujszaszy document contains certain information -pertaining not only to the number of units pledged by Hungary to Germany -in case of war with the Soviet Union; but there is, for example, an -indication as to what methods in the preparation for war were being used -by the fascist clique in Hungary, in agreement with the Hitlerite -conspirators. I consider it imperative to dwell on these methods, and -that is why I request your permission to quote certain passages in this -document. - -What I now have in mind, for instance, is the falsification of the -information regarding the number of Soviet units concentrated on the -Hungarian-Russian border. - -THE PRESIDENT: Please, go on. - -GEN. ZORYA: Page 155 of the document book reads as follows: - - “My immediate superior, General Laszlo, as chief of the - operational group ordered the second section of the General - Staff to prepare a situation report according to which 14 Soviet - Russian operational units were concentrated on the Hungarian - border, including 8 motorized units. This situation report was - prepared by Colonel Cornel Hidai, of Intelligence. - - “I should like to point out that according to subsequent - explanations supplied by the second section of the Royal - Hungarian General Staff, there were only four Soviet operational - units actually concentrated on the Hungarian border. This - circumstance I truthfully reported to Generaloberst Werth and - General Laszlo, but the latter altered my truthful, objective - report in accordance with his wishes.” - -Further, Ujszaszy speaks of plans for provocation drawn up by the -militarist clique in Hungary for the purpose of creating incidents -abroad to justify an attack on the Soviet Union. Ujszaszy states—Page -10, Line 4 from the top of the document, Page 157 of the document book: - - “These plans emanated from Lieutenant General Fütterer, from his - assistant Lieutenant Colonel Frimond, and from General Laszlo. - They proposed that, if necessary, German aircraft, camouflaged - as Russian planes, should bomb the eastern border districts of - Hungary, with bombs of Soviet Russian origin.” - -And finally, Ujszaszy describes the events of the few days preceding the -attack on the Soviet Union—this is Page 11 of the document, Page 158 of -the document book: - - “On 24 June 1941 (if I remember correctly), at 12:30 noon, I was - informed that Soviet Russian planes were bombing Raho in - Carpathian Russia and firing on trains in the vicinity with - machine gun fire. On the same afternoon news reached us that - Soviet Russian planes were bombing Kassá (Košice). The Crown - Council, with the Regent in the chair, met on the same evening - and, on the strength of Soviet Russia’s provocation, decided to - declare war on that country. I am convinced that the bombarding - was carried out by German planes with Russian markings. My - conclusion was based on the following facts: - - “a) Lieutenant General Fütterer and the German propaganda - machine publicized this bombing on a very vast scale. - - “b) Lieutenant General Laszlo immediately gave me orders, - through the Propaganda Subsection of Section 2 of the Royal - Hungarian General Staff, to obtain photographs of such fragments - of the ‘Soviet Russian bombs’ as could still be found and to - publish these photographs in the press of the fascist countries. - - “c) Lieutenant General Fütterer, General Laszlo, and Lieutenant - General Frimond spread, by a whispering campaign, the rumor that - Slovakian pilots in Russian service had bombed Kassá (Košice). - The excellence of the hits was explained by the fact that these - pilots were well acquainted with the terrain.” - -This happened, according to Ujszaszy, on 24 June 1941, at 12:30 p.m. We -have a document that establishes the fact that long before this date the -participation of Hungary in the war against the Soviet Union had been -decided. The document presented to the Tribunal and which contains the -depositions of Ruszkiczay-Ruediger explains the reasons for the -Hungarian assault on the Soviet Union. It may be that -Ruszkiczay-Ruediger’s viewpoint is not shared by everybody, but still, -as it is the testimony of the Hungarian Deputy Minister of War, this -statement can, of course, not be devoid of interest. - -On Page 10 of the Russian text of his testimony, Ruszkiczay-Ruediger -states that towards the end of May 1941 he received an order to supply, -first of all, the troops concentrated in the Transcarpathian Ukraine; 2 -days afterwards a secret meeting of the army corps commanders took place -at the headquarters of General Werth, Chief of the General Staff, at -which the forthcoming attack on the Soviet Union was announced. - -I quote from the testimony of Ruszkiczay-Ruediger—Page 108 of the -document book and Page 9 of the document itself. I am only quoting the -passages underlined, in order to save time. I quote: - - “. . . General of the Infantry Werth gave us an account of the - military and political situation. - - “It appears that an attack against the Soviet Union by Germany - is forthcoming, in which Romania and Hungary will take an active - part on the side of Germany.” - -Ruszkiczay-Ruediger further points out that: - - “The decision to declare war was taken by the Council of - Ministers, after Premier Bardossy and Minister Bartha had made - their reports, and was ratified by the Crown Council. The - question was not submitted to Parliament. “These decisions of - the Council of Ministers and the Crown Council caused no - surprise at all, and were the result of the voluntary military - collaboration with Germany which had actually existed for many - years past. - - “The Hungarian General Staff and the political leaders of - Hungary as from the beginning of the aggression against - Czechoslovakia, considered Germany as their mainstay in their - plans of revision. Afterwards followed the occupation of - Transcarpathian Ukraine and the strategic organization of this - region as a military base in preparation for an attack on Soviet - Russia.” - -Ujszaszy, in his report, mentioned the German military attaché in -Budapest, Krappe. The former Lieutenant General of the German Army, -Günther Krappe, was the German military attaché in Budapest from -November 1939 to 30 April 1941. After that, Krappe commanded the 10th -Corps of SS troops of the Army Group “Vistula,” and was captured by Red -Army units. - -I request the Tribunal to accept in evidence a statement made by Krappe -in January of this year and presented as Exhibit Number USSR-150 -(Document Number USSR-150). It should be noted that the main -circumstances mentioned in Krappe’s statement coincide with those on -Ujszaszy’s report. I shall therefore read only a few excerpts from Page -4 of Krappe’s document, corresponding to Page 165 of the document book: - - “In October 1940 I was ordered by the OKH to report on the - conditions of fortifications in the region bordering Russia, - that is, in the Carpathian Ukraine. The Chief of the Operations - Section, Colonel Laszlo, informed me that, so far, there were - only simple antitank obstacles in existence, varying in depth - from 1 to 2 kilometers and that the construction of barracks for - quartering troops had just begun. The necessary surveys for - building concrete pillboxes along the border and the highways - would be made during the winter and in the spring of 1941 it - would be possible to proceed with the actual construction. It - appeared to be a question of raising some 6 million pengö. - - “General Werth gave me permission to make an automobile trip - through Munkac to Urzok Pass. . . . - - “I communicated the results of the inspection trip and of the - information obtained from Colonel Laszlo to Berlin. Some time - later Colonel Laszlo informed me that the necessary sums for the - building of these fortifications had already been allotted.” - -In order to save time, Your Honors, I shall briefly expose the remaining -part of Krappe’s testimony. An agreement was reached with the War -Minister, Von Bartha, to organize war communications and war transports -of the German Army in Hungary. In connection with this a special -organization therefore arrived which was entrusted with these -transports. At the same time, Your Honors, permission was received to -establish jointly with the postal services, a special communication -system for military needs, and, furthermore, a number of German officers -were attached to the Hungarian Army for the interchange of experiences -and instruction of the troops. Krappe states that as from December 1940, -Hungarian industry was reorganized and worked for the increase of the -German military potential. General Leeb, the Chief of the Armament -Department, was in charge. - -In concluding the presentation of documents concerning the setting up of -an aggressive bloc against the Soviet Union by the fascist war -criminals, I consider it necessary to make a few comments of a general -nature as derived from these documents. - -The fascist conspirators began to adopt immediate measures for securing -the participation of Romania, Finland, and Hungary in the preparation -for the predatory attack on the Soviet Union at least as early as -September 1940, when a military mission was sent to Romania. - -The negotiations concerning the military preparations for aggression -against the Soviet Union, in each of these countries, were mainly -concluded during the period September-December 1940. The negotiations -were conducted by the general staffs of the German and the satellite -armies. The subject of the negotiations in each case was of a purely -military character, such as the retraining of the troops, the -transportation of military units, the coordination of strategic plans, -the deciding on the number of divisions needed to attack the Soviet -Union, _et cetera_. - -Such character of negotiations testifies to the fact that there existed -between the fascist Government of Germany and the Governments of -Romania, Finland, and Hungary, a preliminary agreement with regard to -aggression against the Soviet Union even before the negotiations began. - -And, finally, the documents submitted reveal that to each of these -countries, one way or the other, the fascist conspirators had promised -some territory belonging to the Soviet Union. - -I should like to point out one more circumstance. - -In order fully to grasp the consequences of the predatory fascist attack -on the Union of the Soviet Socialist Republics, it is not enough to -confine ourselves to Plan Barbarossa. This is a strategic plan, a plan -for military attack, a plan for the beginning of aggression. - -And close on the heels of the attack followed, as it is well known, the -so-called “assimilation” and “organization” of the occupied territories. -The plans for the “assimilation” and “organization,” which were plans -for the extermination of the peaceful civilian population and the -plundering of the occupied territories of the Soviet Union, were also -prepared in advance, in the same way as Plan Barbarossa. - -The Soviet Prosecution declares that the documents at the disposal of -the Tribunal, and especially such documents as the directive of 13 March -1941 (Document Number 447-PS), signed by the Defendant Keitel; the order -for the application of military jurisdiction, dated 15 May 1941 -(Document Number C-50), also signed by Keitel; the propaganda directive -for Plan Barbarossa (Document Number C-26); and others, testify to the -destruction not only of legal but of all moral standards of behavior by -the hordes of the fascist usurpers on the temporarily occupied Soviet -territories, this destruction having been premeditated and planned long -before the attack on the Soviet Union. - -Even before the attack on the Soviet Union, the Hitlerites had decided -and outlined in appropriate paragraphs of these instructions, -directions, and orders, the terroristic methods for dealing with the -civilian population and the measures and means for plundering the land -of the Soviet Union and reducing it to a colony of the Third Reich. And -when war did break out and the whole secret was laid bare, the fascists -did not hesitate to publish all these plans in their press. - -I submit to the Tribunal as Exhibit Number USSR-59 (Document Number -USSR-59), an article, published on 20 August 1942, in _Das Schwarze -Korps_, an SS paper and organ of the Reich Führer of the SS. This -article, entitled, “Should We Germanize?”—Page 180 of the document -book—states openly: - - “The Reich Führer of the SS chose the following slogan for one - of the editions of the newspaper _Deutsche Arbeit_, devoted to - the problems of resettlement in the East: - - “Our duty in the East is not Germanization in the former sense - of the term, that is, imposing the German language and the - German laws upon the population, but to ensure that only people - of pure German blood should inhabit the East.” - -This negation of Germanization is not new. However, falling from the -lips of the Reich Führer of the SS, acting as Reich Commissioner for the -strengthening of the Volkstum, it becomes an order. Such is the exact -meaning of these words. - -The rejection of the idea of germanizing the population of the occupied -territories, and the assertion that the East should be inhabited only by -people of pure German blood, signified, in practice, the mass -extermination of Soviet citizens, their spoliation and their deportation -to slave labor, the annihilation of centuries of Russian culture, and -the destruction of our cities and villages. I shall confine myself to -what I have just said, as the same theme, or rather themes, have already -been elaborated and will be presented to the Tribunal by my colleagues. - -On 22 June 1941, after prolonged preparations, the German fascist hordes -hurled themselves on the Soviet Union. One hundred and seventy -divisions, concentrated on the borders of the Soviet Union from the -Arctic Ocean to the Black Sea, started the invasion. - -The military problems connected with the attack were formulated in Plan -Barbarossa: - - “The German Army should be ready, even prior to the end of the - war with England, to defeat Soviet Russia by operating with - lightning speed. - - “To this end the Army will have to utilize all units at its - disposal, with the sole reservation that the territories - occupied must be adequately protected against all unexpected - eventualities.” - -Plan Barbarossa foresaw the necessity of annihilating the Red Army, of -cutting off the possible retreat towards the interior of all Red Army -units still fit for battle and of permitting the German fascist invaders -speedily to reach a line of combat which would place the land of Germany -beyond the range of the Soviet Air Force. - -As an ultimate aim, Plan Barbarossa provided for the strengthening of -the Astrakhan-Archangel line, the destruction by bombardment of the Ural -industries, the seizure of Leningrad and Kronstadt, and finally, the -capture of Moscow. - -THE PRESIDENT: Would that be a good time to break off? - - [_The Tribunal adjourned until 13 February 1946 at 1000 hours._] - - - - - FIFTY-EIGHTH DAY - Wednesday, 13 February 1946 - - - _Morning Session_ - -THE PRESIDENT: Please continue. - -GEN. ZORYA: Your Honors, yesterday afternoon I dwelt on the fact that -Plan Barbarossa had foreseen the necessity of annihilating the Red Army, -of excluding the possibility of a retreat into the interior of such Red -Army units as were still capable of fighting, and of obtaining, by rapid -action, a combat line for the German-fascist invaders which would place -the regions of Germany beyond the range of the Soviet Air Force. The -final aim, according to Plan Barbarossa, was fortification of the -Astrakhan-Archangel Line, the destruction from the air of the Ural -industries, the seizure of Leningrad and Kronstadt and, as a decisive -finale, the capture of Moscow. - -The political aims which determined the military plans were formulated -by the Hitlerites in the many documents which were read into the record -in this courtroom. But these aims were stated particularly clearly at -the meeting in Hitler’s headquarters on 16 July 1941. This document was -presented by the United States Prosecution as Document Number L-221. You -will find it on Page 141 of the document book. At this meeting Hitler, -Göring, Rosenberg, Keitel, and other fascist conspirators were deciding, -as they thought, the subsequent fortunes of the Soviet Union. - -The Crimea, together with the adjoining regions of the Ukraine, the -Baltic regions, the Bialystok Forests and the Kola Peninsula, were -declared as “annexed” to Germany. The Volga colonies were also to become -a part of the Reich. The Baku area was envisaged as a German military -colony. Bessarabia and Odessa were to be handed over to Romania, while -Finland was to acquire Eastern Karelia, Leningrad, and the Leningrad -region. - -As you well know, Your Honors, the Hitlerites always strove to prevent -their real piratical aims from receiving publicity. At the same meeting -at general headquarters, on 16 July 1941, Hitler, for instance, said -that it was most important not to reveal their aims to the whole world, -not to complicate their path by unnecessary declarations, and, when -offering reasons for their actions, to ascribe them primarily to -tactical intentions. - -The Defendant Rosenberg stated, 20 June 1941, at a conference on the -Eastern question—a record of which was presented by the United States -Prosecution as Document Number 1058-PS—that tactics were very important -and that political aims would be determined as the occasion arose, when -one slogan or another could be given publicity. This particular excerpt -from Rosenberg’s declaration you will find on Page 17 of the Russian -text of the document, which corresponds to Page 201 in the document -book. - -Taking this circumstance into consideration, Your Honors, it appears of -value for our investigation to refer to some statements by the fascist -war criminals which refer to the period when they considered it possible -to make public some of their political aims. In 1941-42 the fascist -hordes broke through territories of the Soviet Union on an extensive -scale and approached Moscow. Battles were waged on the banks of the -Volga. The specter of a “Greater Germany” ruling the world appeared as a -beacon before the eyes of the Hitlerite conspirators. It would appear -that the opportunity had arrived about which Defendant Rosenberg spoke -when, from the standpoint of the fascist criminals, it was possible that -“certain political slogans could be made public.” - -I presented to the Tribunal, under Exhibit Number USSR-58 (Document -Number USSR-58), a document from the archives of the Defendant -Rosenberg’s office relating to questions of German policy in the -occupied regions of the Caucasus. Once again I ask you to refer to this -document. I turn to Page 203 in the document book and Page 9 of the -Russian text, which is the translation of this document. - -Rosenberg, on 27 July 1942, solved the Eastern problem in this fashion, -and I quote: - - “The Eastern problem consists in bringing the Baltic peoples - under the influence of German culture and in preparing widely - conceived military frontiers for Germany. The Ukrainian problem - consists in securing food supplies for Germany and Europe and - supplies of raw materials for the Continent. - - “The problem of the Caucasus is primarily a political task, and - its solution means the expansion of continental Europe, under - German leadership, from the Caucasian isthmus to the Near East.” - -On 27 November 1941 the Defendant Ribbentrop made a report on the -international situation. The text of this report was published in Number -329-A of the _Hamburger Fremdenblatt_. I present this report as Exhibit -Number USSR-347 (Document Number USSR-347). - -Ribbentrop said in this report: - - “I should like to summarize the consequences of this defeat of - Soviet Russia and of the occupation of the far greater part of - European Russia in 1941, as follows: - - “First, from a military point of view, England’s last ally on - the Continent has thereby ceased to exist as a significant - factor. Germany and Italy, with their allies, thus become - unassailable in Europe. And powerful forces will be released. - - “Second, in the economic field the Axis powers, together with - their friends, which means the whole of Europe, have achieved - independence from countries overseas. Europe has once and for - all been freed from the threat of blockade. The grain and raw - materials of European Russia can fully cover the needs of - Europe. Its war production will serve Germany’s war economy and - that of her allies, as a result of which Europe’s war potential - will increase, and increase more powerfully. The organization of - this gigantic area is already in full swing. - - “Thus, the last two decisive prerequisites for the victory of - the Axis and its allies over England have been created.” - -I shall take the liberty of presenting another document on this same -subject. It is Goebbels’ speech in Munich, published on 19 October 1942 -in the main organ of the Nazi Party, the _Völkischer Beobachter_, South -German edition. The text of this speech is presented to the Military -Tribunal as Exhibit Number USSR-250 (Document Number USSR-250). That is -on Page 205 in the document book. In his address Goebbels said: - - “Over and above that, we have captured the most important grain, - coal, and iron ore producing regions of the Soviet Union. What - the enemy has lost we now possess. And since what the enemy - lacks has come to us, it is, according to Adam Riese, of double - value. While in the past we were a people without space, this is - today no longer the case. Today we have only to give a shape to - this space conquered by our soldiers, to organize it, and render - it useful to us; and this requires a certain period of time. But - if the English were to contend that we have lost the war because - we have lost time, then this contention will only prove how - completely they have misunderstood the entire situation. Time - only works against those who have no space and no raw materials. - If we make use of our time to organize the space we have - conquered, then time will work not against us, but for us.” - -Your Honors, that which Goebbels, the Defendants Ribbentrop, and -Rosenberg said about exploiting the space captured by the soldiers, took -on, at the OKW, the shape of plans for further aggression. - -In this respect the following document—which I now submit to the -Tribunal as Exhibit Number USSR-336 (Document Number USSR-336)—is of -interest and I ask you to accept this as evidence. This document is a -letter from the Staff of the German Navy to the commanding generals of -Groups West, North, and South. This document was discovered in German -archives by the Allied troops. The letter, which you will find on Page -209 in the document book, is entitled, “Objectives for the Further -Conduct of War upon the Termination of the Campaign in the East.” It is -numbered 1385/41 and is dated 8 August 1941. - -In those days the fascist conspirators considered that victory over the -Soviet Union was really only a question of time; and they, therefore, -planned for further aggression. This letter which I am about to quote -begins with the following words: - - “The Naval Operations Staff has just received the draft about - further intentions on termination of the campaign in the East. - - “The following declarations describe these intentions in broad - lines and are only intended for the personal information of the - commanding generals and the Chiefs of Staff.” - -There follows Part 2, Paragraph P, the eight subparagraphs of which -detail the plans to be carried out on the termination of the campaign in -the East. - -I omit, Your Honors, the first two subparagraphs dealing with the tasks -of the so-called pacification of the Occupied Eastern Territories and -with the assignment to other fronts of troops which had become -available. - -Subparagraph 3 details the intentions of the fascist conspirators in -North Africa. I quote: - - “Strengthening of the Armed Forces in North Africa with a view - to rendering possible the capture of Tobruk. In order to - guarantee the passage of necessary transports according to plan, - attacks by the German Air Force on Malta should be resumed. - - “Provided that weather conditions cause no delay and the service - of transports is assured as planned, it can be assumed that the - campaign against Tobruk will begin in mid-September.” - -In August 1941 the Hitlerites intended, with the aid of fascist Spain, -to seize Gibraltar during the same year. Subparagraph 4 of Part 2 of the -letter just submitted to you envisaged that: - - “Plan Felix, that is, the seizure of Gibraltar with the active - participation of Spain, must be executed in 1941.” - -The Hitlerites planned the execution of an attack against Syria and -Palestine in the direction of Egypt. Subparagraph 5 of the -above-mentioned letter states as follows: - - “If, once the termination of the campaign in the East has been - made known, we succeed in bringing Turkey to our side, an attack - on Syria and Palestine in the direction of Egypt is foreseen - after a minimum period of 85 days for the preparation of the - necessary forces and a preliminary securing of the Chersonese - passes and an improvement of Anatolian transportation routes - through Turkey, with German help.” - -Two subparagraphs later, we find, in the same letter, in Subparagraph 8, -a possible variation of this plan: - - “If, even after the defeat of Soviet Russia, it would still - prove impossible to bring Turkey over to our side, a southward - thrust through Anatolia would have to be carried out against her - will.” - -Your Honors, in the plans of fascist aggression Egypt played a large -part. It is mentioned in Subparagraphs 6 and 7 of Part 2 of the letter -quoted. Subparagraph 6 mentions—I quote word for word: - - “An attack on Egypt from Cyrenaica, after the fall of Tobruk - could probably not be carried out before the end of 1941 or the - beginning of 1942.” - -Subparagraph 7 stated: - - “If the collapse of Soviet Russia creates the necessary - conditions, an advance by a motorized expeditionary force - through Transcaucasia, in the direction of the Persian Gulf, and - in the direction of Iraq, Syria, and Egypt is envisaged. - - “Because of weather conditions, this attack will only become - possible at the beginning of 1942.” - -This document, which I have just presented to the Tribunal, shows the -turn of events intended by the fascist conspirators had the Red Army not -put an end to their aggression. The fascist aggressors hoped to destroy -the Soviet Union in a lightning war, to seize her wealth, to subjugate -the Soviet people, and, by these means, to open for themselves the road -to world domination. - -Now, Your Honors, I have come to the end of my presentation. In -concluding the presentation of documentary evidence regarding the -aggression of the fascist conspirators against the Soviet Union, may I -ask the Tribunal’s permission to sum up briefly as follows: - -1. The criminal intent of attacking the U.S.S.R. for the purpose of -plundering the Soviet Union and exploiting its riches for purposes of -further German aggression was conceived by the fascist conspirators long -before the actual launching of the attack. - -2. The military preparations for the attack on the Soviet Union were -conducted by the fascist criminals for at least a year and embraced not -only Germany, but also satellite countries, particularly Romania, -Finland, and Hungary. - -3. The execution of the criminal designs of the fascist aggression -consisting of the extermination of the peaceful population, the plunder -of the Soviet Union, and the wresting of its territories, was planned -long before the attack on the Soviet Union. - -Fortunately for all freedom-loving nations in the world, the Union of -the Soviet Socialist Republics, the Soviet people, and their Red Army -completely overthrew all the fiendish plans of the fascist aggressors. -The Red Army not only withstood and stopped the fascist aggression; but, -together with the armies of its allies, brought Hitler Germany to -complete catastrophe and the fascist war criminals to the dock. - -I thus end my presentation, Your Honors. - -COL. POKROVSKY: Your Honors, my task today is to present to you material -on the “Criminal Violation of the Laws and Customs of War in the -Treatment of Prisoners of War.” - -Before beginning the presentation of evidence relative to the -overwhelming guilt of the defendants in regard to the persons who were -captured by the German Army, I consider it essential to make a few brief -remarks. - -As early as the end of the last century, the Hague Convention of 1899 -established certain rules regulating the rights and responsibilities of -belligerents in regard to prisoners of war. In pursuance of the -provisions of the 1899 Convention, a number of states drew up the -necessary instructions concerning the treatment of prisoners of war. I -would like to cite three or four sentences taken from such instructions: - - “The exclusive aim of the prisonership is to prevent the further - participation of prisoners in the war. - - “A State may do everything necessary for the holding of - prisoners, but nothing more. . . . - - “Prisoners of war may be employed to perform moderate work in - conformity with their social position. . . . - - “In any case, such work must not be detrimental to health and - must not be of a humiliating nature. It must not contribute - directly to military operations against the native country of - the prisoners. . . . - - “Prisoners of war lose their freedom but retain their rights. In - other words, military confinement is not an act of mercy on the - part of the captor, but the right of disarmed persons.” - -It may surprise you to learn that the instructions cited are those -issued by the German General Staff in Volume 18 of the circular -published in 1902. The principle of humane treatment of prisoners and -wounded servicemen was further developed in the Hague Convention of 1907 -and the Geneva Convention of 1929. - -Germany’s adherence to these conventions was definitely reflected in the -German law regarding wartime courts-martial. I have in mind, -particularly, the German law of 17 August 1938, and, in particular, Part -“e”, Articles 73 and 75, which contain direct reference to the -Convention of 1929. That was at a time when Hitlerite Germany had -already begun the execution of her aggressive plans. - -As the Tribunal will remember, the 23rd Article of the Hague Convention -of 1907 states, “. . . it is forbidden . . . to kill or wound an enemy -who, having laid down his arms and possessing no means of defense, has -unconditionally surrendered.” - -It cannot be said that the brief code of the laws of war, which was, in -fact, drawn up at The Hague and Geneva, encompassed the whole range of -questions relating to the laws of war. The authors of these documents -had, therefore, inserted the following proviso, and I will cite this -excerpt: - - “Until the opportunity presents itself of issuing a more - complete code of the laws of war, the High Contracting - Parties”—and I would remind the Tribunal that Germany was one - of those contracting parties—“consider it appropriate to affirm - that, in cases not provided for in the rules established by - them, the population and the belligerents remain safeguarded by - the principles of international law insofar as these principles - ensue from the customs, laws of humanity, and dictates of public - conscience in force between civilized nations.” - -I should like to emphasize that in the appendix to the Convention on the -Laws and Customs of Land War (Second Peace Conference, 1907), Article 4 -of Chapter 2, concerning prisoners of war, states as follows—and you, -Sir, will find the quotation on Page 4 of the document book, where it is -underlined with red pencil: - - “Prisoners of war remain in the custody of the enemy government - and not of the individuals or troops which had captured them. - - “They must be treated humanely. - - “All their personal belongings except arms, horses, and military - papers, will remain in their possession.” - -It may, therefore, be considered definitely established that the -governments of a number of states, including Germany, had -unconditionally recognized their obligations to insure conditions under -which prisoners of war should not suffer from arbitrary actions on the -part of members of the Armed Forces of any state. The natural conclusion -presents itself that in cases of violations of this obligation, the -responsibility for any crime against a prisoner of war and especially -for a definite system of crimes against the dignity, person, health, and -life of prisoners of war, must fall on the government of the country -which had signed the Convention. - -In the light of the facts which I shall submit to you, on the basis of -irrefutable documents, Germany’s solemn undertakings in regard to -prisoners of war will appear to be nothing but unparalleled and cynical -mockery of the very conception of treaties, laws, culture, and humanity. - -I present to the Court, as our Exhibit Number USSR-51 (Document Number -USSR-51), a note submitted by Vyacheslav Mikhailovich Molotov, People’s -Commissar of Foreign Affairs of the U.S.S.R., dated 25 November 1941, -concerning the outrageous atrocities committed by the German authorities -against Soviet prisoners of war; and I quote several extracts from this -note, which you will find on Page 5 of the document presented to you: - - “The Soviet Government is in possession of numerous facts - testifying to the systematic outrages and atrocities committed - by the German authorities against Red Army soldiers and against - commanders of the Red Army. Lately these facts have become - particularly numerous and have positively cried to high heaven, - thereby revealing once again the German war machine and the - German Government as a gang of bandits who utterly ignored all - codes of international law and all laws of human ethics. - - “The Soviet Military Command is aware of numerous cases of the - subjection of captured Red Army men, the majority of them - wounded, to savage torture, ill-usage, and murder at the hands - of the German Military Command and German military units. - Captured Red Army men are tortured with bars of red-hot iron; - their eyes are gouged out, their feet, hands, fingers, ears, and - noses are hacked off, their stomachs ripped open, and they are - tied to tanks and torn asunder. Enormities and shameful crimes - of this sort are committed by German fascist officers and men - along the whole front, wherever they may be and wherever men and - commanders of the Red Army fall into their hands. - - “For example, in the Ukrainian S.S.R., on the Island of - Khortitsa, on the Dnieper, after the German troops were forced - to retreat by the Red Army, the bodies of captured Red Army - soldiers who had been tortured by the Germans were found. The - prisoners’ hands had been cut off, their eyes gouged out, their - stomachs ripped open. In a southwesterly direction, in the - village of Repki in the Ukraine, after the Germans had retreated - from the positions they had occupied, the bodies of Battalion - Commander Bobrov, Political Officer Pyatigorsky, and two - privates were found. Their arms and legs had been nailed to - stakes, and on their bodies five-pointed stars had been cut with - red-hot knives. The faces of the dead men were cut and burnt. - Near these bodies was found the body of a Red Army man whom the - Germans had captured the previous day. His feet were burnt and - his ears were cut off. When our units captured the village of - Kholmy, on the Northwestern front, the mutilated bodies of Red - Army men were found. One of these had been thrown into a - bonfire. This was Private Adrei Ossipov of the Kazak S.S.R. At - Greigovo Station (Ukrainian S.S.R.), German units captured a - small group of Red Army men and kept them without food or drink - for several days. A number of the prisoners had their ears - slashed off, eyes gouged out, and hands cut off, after which - they had been run through with bayonets. In July of this year, - at Schumilino Station, German units captured a group of severely - wounded Red Army men and put them to death on the spot. In the - same month, in the vicinity of the town of Borisov, - (Bielorussian S.S.R.), the Hitlerites captured 70 severely - wounded Red Army men and poisoned them all with arsenic. In - August, near the township of Zabolotye, the Germans captured 17 - severely wounded Red Army men on the battlefield. For 3 days - they gave them no food. The 17 men, their wounds still bleeding, - were then tied to telegraph posts, as a result of which three of - them died. The remaining 14 were saved from certain death by the - timely arrival of a Soviet tank unit commanded by Senior - Lieutenant Rybin. In the village of Lagutino, in the vicinity of - Bryansk, the Germans tied a Red Army man to two tanks and tore - him to pieces. At a point west of Bryansk, not far from the - Collective Farm, ‘Red October,’ 11 charred bodies of men and - officers of the Red Army captured by the fascists were found. - The arms and back of one of these Red Army men bore traces of - torture with a red-hot iron rod. - - “There are a number of cases on record where the German Command - has driven captured Red Army men in front of their advancing - columns, during an attack, on pain of shooting. Such cases in - particular have been registered in the vicinity of the Vybor - State Farm, in the Leningrad region; in the vicinity of Yelna, - in the Smolensk region; in the Gomel region of the Bielorussian - S.S.R.; in the Poltava region of the Ukrainian S.S.R., and in a - number of other places. - - “Wounded and sick Red Army men in hospitals which fell into the - hands of the German invaders were also systematically subjected - to outrageous indignities, torture, and savage ill-usage. On - innumerable occasions defenseless sick and wounded Red Army men - in hospitals have been bayonetted or shot by the fascist fiends - on the spot. Thus, at Malaya Rudnya, in the Smolensk Region, - fascist German units captured a Soviet field hospital and shot - the wounded Red Army men, and the male and female hospital - attendants. Among the victims were Privates Shalamov and Asimov - and Lieutenant Dileyev, who were wounded, and Verya Boiko, a 17 - year-old hospital attendant, and others. - - “There have been numerous cases of the abuse and violation of - woman’s honor when female hospital nurses and hospital workers - fell into the hands of the Hitlerite invaders.” - -There are many similar facts in the same note. Then it continues: - - “Marauding is rife among the men and officers of the Hitler - army. When the cold winter weather sets in, marauding assumes a - mass character, the Hitlerite robbers stopping at nothing in - their quest of war clothing. They not only strip warm clothes - and boots from the dead bodies of Soviet soldiers; but divest - wounded men of literally all their warm clothing—felt boots, - boots, socks, jerseys, quilted jackets, and warm caps—leaving - them stark naked. They did not even stop at taking the women’s - warm clothing from killed or wounded hospital nurses. - - “Red Army prisoners were starved to death; they were left - without food for weeks or issued infinitesimal rations of moldy - bread or rotten potatoes. Depriving the Soviet prisoners of war - of food, the Hitlerites compelled them to rake the garbage cans - for remnants of food which the German soldiers had thrown out - or, as happened in a number of camps, including the camp at the - hamlet of Malaya Korma (Bielorussian S.S.R.), they fling the - carcasses of horses over the barbed wire fence to the Soviet - prisoners of war. In the Vitebsk camp, in Bielorussia, the Red - Army prisoners received almost no food at all for 4 months. When - a group of Red Army prisoners sent to the German Command a - written request for food to keep them alive, a German officer - inquired as to who wrote the statement. Five Red Army men who - affirmed that they had written it were shot on the spot. - - “Similar cases of unbridled tyranny and brutality are to be - observed in other camps, Shitkiv, Demyan, and others. - - “The German authorities and the German Government have - established a savage regime in the camps for Soviet prisoners of - war, with the object of mass extermination of Soviet prisoners - of war. The German High Command and the Ministry of Food and - Agriculture have issued a regulation establishing a food ration - for Soviet prisoners of war far inferior in quantity and quality - to that for prisoners of war of other countries. For instance, - this ration consists of 6,000 grams of bread and 400 grams of - meat per month, which dooms the Soviet prisoners of war to a - painful death from starvation. - - “While enforcing this disgraceful and obviously unlawful regime - for Soviet prisoners of war with inhuman cruelty, the German - Government is doing its utmost to conceal from the public the - regulation it issued on this question. Thus, in reply to an - inquiry made by the Soviet Government, the Swedish Government - stated that the information concerning the aforesaid regulation - of the German Government published in the European and American - press was correct, but that the text of this regulation had not - been published and was therefore not available.” - -The regulation which had not been available for the Swedish Government -in the autumn of 1941 has now become available for the International -Military Tribunal. - -I assume that a very important circumstance is that these regulations -were distributed through two channels: The High Command and the Nazi -Party. In such a way, the extermination by starvation of the Soviet -prisoners of war captured by the Germans had been planned and carried -out both by the German High Command and by the Nazi Party. - -I present to the Court these documents which were not available some -time ago, as a heavy load on the scale of the Prosecution. On Page 17, -Your Honors, you will find the document which has been cited by me. It -bears the Document Number D-225 (Exhibit Number USSR-349): - - “High Command of the Army, Army Equipment and the - Commander-in-Chief of the Replacement Training Army. - - “Berlin, 6 August 1941. - - “Subject: Food ration of Soviet prisoners of war. - - “The Soviet Union did not subscribe to the agreement of 27 July - 1929, concerning the treatment of prisoners of war. Consequently - we are not obliged to supply Soviet prisoners of war with food - corresponding in quantity or quality to the requirements of this - regulation. Taking the general food situation into - consideration, the following rations for Soviet prisoners of war - were established, which rations were considered adequate - according to medical findings: - - “The ration in the camps for the prisoners of war (not employed - on essential work) amounted to: - - “1. Bread, 6 kilograms; meat, 400 grams; fat, 440 grams; sugar, - 600 grams, for 28 days. - - “2. For prisoners doing special work: Bread, 9 kilograms; meat, - 600 grams; fat, 520 grams; sugar, 900 grams, for 28 days.” - -A similar regulation, headed, “Food Ration for Soviet Prisoners of War,” -was sent as secret information by the Chancellery of the Nazi Party on -17 December 1941. I shall quote only one sentence from that Party -directive, which you will find on Page 18 of the document book: - - “An open discussion of the question regarding the food supply of - the prisoners of war either orally or in writing is forbidden - because of the possibility of enemy propaganda.” - -Furthermore, the authors of the document emphasize that there is no -danger of any substantial deterioration of the food supply of “our -German people.” I consider that the hint is sufficiently clear. The -document was distributed to the High Command of the Army, to the -commands of corps areas, to the military authorities in Bohemia and -Moravia, and to military commissioners in a number of cities. - -The fascist conspirators established particularly low rations for men of -the Red Army. On the basis of their own estimates the monthly ration for -Soviet prisoners of war was 42 percent in regard to fats, 66 percent in -regard to sugar and bread and 0 percent in regard to meat, as compared -with the amount of food provided for prisoners of war from other armies -fighting against Germany. Moreover, there was a special note in the -directive itself. You will find the special note on Page 19 of the -document book: - - “If the ration for non-Soviet prisoners of war is reduced, the - ration for Soviet prisoners of war must be lowered accordingly.” - -But even these starvation rations, which could not sustain the life of -an adult person, more often than not existed only on paper. - -I present another document to the Tribunal as Exhibit Number USSR-177 -(Document Number USSR-177). . . . - -THE PRESIDENT: Colonel Pokrovsky, I do not think it matters very much, -but when you said “0 percent” in regard to meat, when you were dealing -with the percentage, was that correct? Because in setting out the amount -of food which they were allowed, or were supposed to be allowed, there -was 400 grams of meat for ordinary men and 600 grams of meat for other -men doing special work, and I do not see how 400 grams can be 0 percent -of the ration allowed to other non-Soviet prisoners. - -COL. POKROVSKY: You are quite right, Sir. I have the same figures here, -but there is no contradiction here at all. I am reporting to the -Tribunal now that there were several directives, and the first one -appears to be the best for the Soviet prisoners of war. It states that -400 grams of meat was the ration. The next directive, which established -the percentage of food supply for the Soviet prisoners of war and -others, shows 0 percent. As far as I understand it, if there was not -meat for all of the prisoners of war, the Soviet prisoners would not -receive any meat at all. - -THE PRESIDENT: I see. Then you say that the words “on the basis of their -own estimates” are referring to some estimates other than the estimate -which you give. It does not matter about that, but I understand you to -say that there are other estimates which show they did not give them -anything. Please proceed. - -COL. POKROVSKY: You are quite right, Sir. - -I present to the Tribunal one more document dealing with the same -question. That is Exhibit Number USSR-177. You will find it on Page 21 -of your document book. This is a record of a conference of the Reich -Ministry of Food (REM) under the direction of State Secretary Backe and -Ministerial Director Moritz. The document is dated 24 November 1941, -1630 hours. Among those who took part in the conference were -representatives of various departments, in particular General -Reinecke—probably the Tribunal will remember that it was Reinecke who -headed that particular phase of the work dealing with the prisoners of -war—and Ministerial Director Mansfeld. The subject under discussion was -the supply of food to Russian prisoners of war and civilian workers. I -quote—Page 21 of your document book: - - “1. Types of food. - - “Attempts to produce a special Russian bread have proved that a - useful mixture consists of 50 percent rye bran, 20 percent - residue of sugar beet, 20 percent cellulose flour and 10 percent - flour made of straw or leaves. - - “Meat not usually employed for human consumption can never - sufficiently satisfy a demand for meat. Russians must, - therefore, be fed entirely on horse flesh and on the meat of - animals which had not been adequately slaughtered and which, at - present, is issued in double quantities on the ration cards. - - “With the present technique of fat production, inferior fats no - longer exist; the Russian will, therefore, receive good edible - fats.” - -These derisive words can scarcely pass unnoticed. Russian prisoners of -war, who had been receiving “meat not usually employed for human -consumption,” were now receiving on their starvation rations only “meat -which is today issued in double quantities on ration cards”; and instead -of fats they were to get certain substances which can only be used for -food because of “the present technique of the fat production.” And these -products are called “good edible fats.” - -The second part of the document is entitled “Rations.” I quote; the part -being cited by me is on Pages 21 and 22 in your document book: - - “Since there is a great discrepancy among the estimates of the - present experts of the Health Administration, the Reich Office - of Public Health, and the Army Medical Inspectorate as to the - necessary caloric requirements, a final decision concerning the - ration will be made in the course of the week by a smaller - circle of experts. Seven days of flour soup as a transition diet - and cancellation of the words ‘without work’ are from now on - decreed for such Russians as are at present in German camps. - - “III. The number of Russians whom the Reich Ministry of Supply - can supply with food.” - -I should note here that this sentence means, “The number of Russians -whom the Reich Ministry of Food (REM) can provide has now been -established.” - - “State Secretary Backe was noncommittal in answer to persistent - questioning by General Reinecke and Ministerial Director - Mansfeld.” - -It seems to me useful to point out that there is on the document a note -in pencil to the effect that: - - “It is requested to follow up the matter of the rations because - State Secretary Backe is, apparently, beginning to lose his - nerve.” - -The signature is illegible. - -It seems to me that this note vividly discloses the arguments that were -going on over establishing a norm. Not by accident does it speak here of -the wide discrepancy in the estimates concerning necessary caloric -requirements of the experts of the Reich Health Administration and the -Army Medical Inspectorate. As the Tribunal will remember, the witness -Blaha testified in reply to my questions that almost all prisoners of -war who died of starvation in the Dachau Camp were men of the Red Army. -I shall submit evidence showing that the Dachau Camp was not an -exception in that respect. - -On 27 April 1942 the People’s Commissar for Foreign Affairs of the -U.S.S.R. was forced to submit a new note. I present this note in our -exhibit under Number USSR-51 (Document Number USSR-51). You will find -the place I am referring to on Page 13 in your document book where it is -marked in red pencil for your convenience. I quote: - - “The Soviet Government now has at its disposal many hundreds of - new documents confirming the bloody crimes committed against - Soviet prisoners of war, dealt with in the note of the - Government of the U.S.S.R. dated 25 November 1941. - - “It has been incontrovertibly established that the German - Command, desiring to take revenge for the defeats inflicted on - its army in the last few months, has everywhere introduced the - practice of physical extermination of Soviet prisoners of war. - - “Along the entire length of the front, from the Arctic to the - Black Sea, bodies of slain Soviet war prisoners and tortured war - prisoners have been discovered. In almost every case these - corpses bear traces of the horrible torture which precedes - murder. In dugouts from which Red Army troops have driven the - Germans, in fortifications, and also in populated centers, - bodies of Soviet prisoners are found who have been murdered - after savage torture. Facts like the following, recorded in - affidavits signed by eye-witnesses, are being uncovered with - increasing frequency. - - “On 2 and 6 March 1942, on the Crimean front, in the Lilly - region at 66.3, village of Jantora, the bodies of nine Red Army - men who had been taken prisoner were found so brutally tortured - by the fascists that only two of the corpses could be - identified. The nails had been drawn from the fingers of the - tortured prisoners of war, their eyes had been gouged out and - the right breast of one corpse had been completely cut out; - there were traces of torture by fire, numerous knife wounds, and - broken jaws. - - “In Theodosia scores of bodies of tortured Azerbaijanian Red - Army men were found. Among them were Ismail-Zadch Jafarov, whose - eyes had been gouged out and ears slashed off by the Hitlerites; - Kuli-Zadch Alibekov, whose arms had been dislocated by the - Hitlerites, after which he had been bayonetted; Corporal Ali - Ogly Islom-Mahmed, whose stomach had been ripped open by the - Hitlerites; Mustafa Ogly Asherov, who had been bound to a post - with wire and died of his wounds in this position.” - -And then, in the same note, is cited: - - “In the village of Krasnaperovo, (Smolensk region) attacking - units of the Red Army found 29 dead and two naked bodies of - captured Red Army men and officers, none of whom had a single - bullet wound. All the prisoners had been knifed to death. In the - same district, in the village of Babaevo, the Hitlerites placed - 58 captive Red Army men and two women ambulance workers in a - haystack and then set fire to the hay. When the people who had - been doomed to death attempted to escape from the flames, the - Germans shot them. - - “In the village of Kuleshovka, the Germans captured 16 severely - wounded men and officers, stripped the prisoners, tore the - dressings from their wounds, tormented them with hunger, stabbed - them with bayonets, broke their arms, tore open their wounds, - and subjected them to other tortures, after which those who were - still alive were locked up in a house, which was then set on - fire. - - “In the village of Strenevo of the Kalinin region, the Germans - locked 50 wounded captive Red Army men in a school building and - burnt them to death. - - “In the town of Volokolamsk the invaders forbade Red Army men - who had been locked on the fifth floor of house Number 3/6 - Proleterskaja Street to leave the house when a fire broke out. - Those who attempted to leave or to jump from the windows were - shot. Sixty prisoners perished in the flames or were killed by - bullets. - - “In the village of Popovka (Tula region), the Germans drove 140 - captive Red Army men into a barn and set fire to it. Ninety five - perished in the flames. Six kilometers from Pegostye Station, in - the Leningrad region, the Germans, in the course of their - retreat, under pressure of the Red Army troops, used explosive - bullets to kill over 150 Soviet war prisoners after frightful - beatings and savage torture. On most of the bodies the ears had - been slashed off, the eyes gouged out, and the fingers chopped - off, while several had had one or both hands hacked off and - their tongues torn out. Stars had been cut out on the backs of - three Red Army men. Not long before the liberation of the town - of Kondrovo, Smolensk region, by units of the Red Army in - December 1941, the Germans executed over 200 Red Army prisoners - of war whom they had taken through the city, naked and barefoot, - to the outskirts, shooting on the spot those who were exhausted - and unable to walk any further, as well as those local citizens - who gave them bread on their way through the city.” - -THE PRESIDENT: We will adjourn now for 10 minutes. - - [_A recess was taken._] - -COL. POKROVSKY: In their desire to exterminate as many Soviet prisoners -of war as possible, the Nazi conspirators excelled themselves by -inventing newer and ever newer methods of extermination. The note -states: - - “Of late a number of new cases have been established in which - the German Command made use of Soviet war prisoners for clearing - mine fields and for other hazardous work. Thus, in the district - of the villages of Bolshaja and Malaja Vloya, for 4 days the - Germans drove scores of prisoners lined up in close ranks, back - and forth over a mine field. Every day several prisoners were - blown to pieces by mines. Provision is made for this method of - killing prisoners in the orders of the German Command. Order - Number 109 to the 203rd Infantry Regiment states: - - “‘General Field Marshal Rundstedt, Commander-in-Chief of the - Army, has ordered that apart from military operations, the - search for mines and the clearing of mine fields be done by - Russian prisoners, with a view to sparing German blood. This - also refers to German mines.’” - -The marauding mentioned in the previous note is regarded not only as -something possible, but is proclaimed as obligatory to all the soldiers -of the German Army. The People’s Commissar refers to the following -documents issued by the German Command, in stressing the fact that this -marauding, done in wintertime, doomed the Red Army men to freeze to -death: - - “An order of the Staff of the 88th Regiment of the 34th German - Infantry Division, headed ‘Situation with Respect to Clothing,’ - imposed: ‘Boots should be removed from Russian prisoners of war - without hesitation.’ - - “That this order is not an accidental one is seen from the fact - that even before the perfidious attack on the U.S.S.R., the - German Command provided for recourse to this system of supplying - its troops. - - “Among the documents of the 234th Infantry Regiment of the 56th - Division, a circular was found numbered 121/4 and dated 6 June - 1941, bearing the heading, ‘On the Principles of Supply in the - Eastern Areas.’ This circular states on Page 8: - - “‘You must not count on being furnished clothing. Therefore it - is particularly important to remove serviceable boots from - prisoners of war and to make immediate use of all suitable - clothing, underwear, socks, et cetera.’” - -The note points out: - - “The Germans, with a view to exterminating Soviet prisoners of - war, deprived them of food, condemned them to slow starvation - and in some cases used a bad quality food. Soviet authorities - have in their possession Order Number 202 of the Staff of the - above mentioned 88th Regiment, which states: - - “‘Carcasses of horses will serve as food for Russian prisoners - of war. Such points where carcasses of horses have been dumped - are designated by signs. They can be found along the highways in - Malo-Yaroslavets and in the villages of Romanovo and - Beloussovo.’ - - “Order Number 166/41 to the 60th Motorized Infantry Division is - quite outspoken in demanding the mass murder of Soviet prisoners - of war. This order states: - - “‘Russian soldiers and noncommissioned officers are extremely - courageous in battle. Even small isolated units are always ready - to attack. Therefore no humane attitude towards the prisoners is - permissible. The destruction of the enemy by fire or by cold - steel must be continued until he is rendered completely - harmless. . . .’ - - “The regulations issued by the German Command on the treatment - of Soviet war prisoners, under Number 1/3058, contain the - following instructions: - - “‘At the slightest sign of insubordination energetic and direct - action must be taken. Arms must be used ruthlessly. Bludgeons, - canes, and whips must not be used. Leniency, even towards - obedient and hard-working prisoners only indicates weakness and - must not be indulged in.’”—from Point 2. - - “‘At work the distance to the prisoner must always be such as to - permit of immediate recourse to arms.’”—from Point 3. - - “All this proved to be insufficient. The Order of the High - Command of the German Army, dated 14 January 1942 and issued in - the name of Hitler as Commander-in-Chief, states”—Paragraph 2: - - “‘All clemency or humaneness towards prisoners of war is - strictly condemned. A German soldier must always make his - prisoner feel his superiority. . . . Every delay in resorting to - arms against a war prisoner harbors danger. The - Commander-in-Chief of the Army hopes that these directions will - be fully carried out.’ - - “The Soviet Government continues to receive reliable information - on the condition of captive Red Army men in the German-occupied - territories of the U.S.S.R. as well as in the German rear, and - in the German-occupied European countries. This information - testifies to the further deterioration of the regime instituted - for captive Red Army men, and that they are particularly bad off - in comparison with the war prisoners of other countries. It - further testifies to the mass dying of Soviet prisoners of war - from starvation and illness, from foul indignities and bloody - cruelty systematically applied to the Red Army men by the - Hitlerite authorities who have long since violated the most - elementary requirements of international law and human ethics.” - -The note specially stresses the fact that the inhuman atrocities and the -cruelty perpetrated by the German fascist gangsters against the Soviet -war prisoners exceed the atrocities of Genghis Dhenghis-Khan, Baty, and -Mamay. - -In spite of that the note, which you will find on Page 14 of the -document book, states: - - “. . . In spite of all that, the Soviet Government, true to the - principles of humanity and respect for its international - obligations, has no intention, even in the given circumstances, - of applying retaliatory repressive measures against German - prisoners of war, and continues, as heretofore, to observe the - obligations undertaken by the Soviet Union with regard to the - regime for war prisoners specified by the Hague Convention of - 1907, which was likewise signed but so perfidiously violated in - every one of its points by Germany.” - -Later I shall quote a document written by a group of German prisoners of -war. The authors of the document, on one hand, by a series of new facts, -have added to the number of atrocities committed by the conspirators -against the Soviet war prisoners; and on the other hand, they have -confirmed that the Soviet Command is true to the principle of humanity -in its attitude towards the German captives. - -The military victory of the democratic powers opened the innermost -secrets of Hitler’s archives. Along with a large number of documents -that raise the curtain on the criminal plans of the conspirators, we -have also obtained a wide opportunity of interrogating living witnesses. -A whole series of questions become finally clear as, and when, the -witnesses’ depositions are being cross-checked with the documentary -archives. Much new evidence has also been received by us on the subject -of the crimes against the prisoners of war. - -Some information with regard to the criminal Hitlerite practice of -exterminating the Soviet prisoners of war appeared as of 27 April 1942, -in the official communication of V. M. Molotov, People’s Commissar for -Foreign Affairs in the U.S.S.R. - -I shall here prove that this crime was part of the general conspiracy -and was planned in advance of the aggressive war against the Soviet -Union. The Tribunal will see that the regime for war prisoners was -really the sum total of diverse methods for their extermination. Let us -turn to the testimony of the witnesses. - -The former Chief of Staff of the OKH, Franz Halder, interrogated on 31 -October 1945, testified—I submit to the Tribunal an excerpt from this -document, Exhibit Number USSR-341 (Document Number USSR-341): - - “Witness: ‘Prior to the attack on Russia, the Führer called a - conference of all the commanders and persons connected with the - Supreme Command on the question of the forthcoming attack on - Russia. I cannot recall the exact date of this conference. I no - longer know whether it took place before or after the invasion - of Yugoslavia. At this conference the Führer stated that the - methods used in the war against the Russians will have to be - different from those used in the war against the West.’” - -I beg your pardon, I have forgotten to tell you that the place which I -quoted from was on Page 24 of your document book. - - “Investigating Officer: ‘What else did he say?’ - - “Witness: ‘He said that the struggle between Russia and Germany - is a Russian struggle. He stated that since the Russians were - not signatories to the Hague Convention, the treatment of their - prisoners of war does not have to follow the articles of the - Convention.’” - -DR. NELTE: Your Honor, Generaloberst Halder is in the military prison -here at Nuremberg, and he is a very important witness not only to the -testimony at hand but also in general. And I believe, according to our -principles, which have been formulated by the High Tribunal in -connection with Article 21 of the Charter, it might be important to hear -this witness personally rather than use written testimony; and I ask the -Tribunal to decide this question. - -THE PRESIDENT: Colonel Pokrovsky, did you wish to make any answer to Dr. -Nelte’s request? - -COL. POKROVSKY: With the permission of the Tribunal, I will submit to -him my consideration in this case. - -The testimony of Halder is of importance to us in one respect only, -namely, that he states the fact of a special conference called by Hitler -before the war; a conference at which the question of the treatment of -Russian prisoners of war attracted particular attention. This fact also -finds confirmation in other testimonies which were submitted by us to -this Tribunal; and, therefore, I think that there is no reason and no -need for examining this witness, since this interrogation may cause -further delay as it will refer to this question only and the German -Defense Counsel may ask unnecessary questions. In case the German -Defense Counsel would consider it advisable to request the Tribunal to -bring witness Halder here for cross-examination, it should be proper for -the Defense to submit to the Tribunal, in accordance with established -procedure, an application and explain for what reason it wants to -cross-examine Witness Halder. The Tribunal would then have occasion to -discuss this application and to grant it should they deem it proper to -do so. - -That is all I wanted to point out concerning this question. - -[_There was a pause in the proceedings while the Judges conferred._] - -THE PRESIDENT: The Tribunal considers that if the interrogation of -General Halder is to be used, and it has been used, that General Halder -must be brought for cross-examination, provided it is true that he is in -Nuremberg. - -When a witness is called he is liable to cross-examination and the only -reason for allowing interrogations to be used is on account of the -difficulty of bringing witnesses to Nuremberg. Therefore, if an -interrogation is allowed to be used and the witness is in Nuremberg, the -witness must be produced for cross-examination. I mean, of course, at a -time which is convenient to Counsel. - -Colonel Pokrovsky, if this witness, General Halder, is in Nuremberg, you -will have him brought here at a time which is convenient to you during -the presentation of your case. - -COL. POKROVSKY: With the permission of the Court, we will finally find -out where Halder is at the present time and, if he is really in -Nuremberg, he will be produced as a witness. - -THE PRESIDENT: Very well. - -COL. POKROVSKY: We must here note a common fascist lie. Hitler was -intentionally misrepresenting facts. That the Soviet Union had pledged -to follow the statutes of the Hague Convention is generally known. Even -the criminal code of the Soviet Union provides for the defense of the -rights of prisoners of war, in accordance with international law, and -those guilty of violations are considered criminally responsible. The -note of the People’s Commissar for Foreign Affairs in the U.S.S.R., Mr. -V. M. Molotov, on 27 April 1942, once again mentions the obligations of -the Hague Convention which the Soviet Union had pledged to follow. To -that note I have already referred. - -Continuing, I shall again quote from Halder’s deposition concerning -Hitler’s speech. You will find it on Page 24: - - “Furthermore, he”—Hitler—“said that in view of the political - level of the Russian troops”—at this point several dots follow - in the original—“to be brief—he said that the so-called - commissars should not be considered prisoners of war.” - -It is impossible not to remark here that, owing to the superior -political consciousness of the Red Army soldiers, the Hitlerites saw a -commissar or a communist in almost every prisoner of war. Then there is -recorded the following question of the investigating officer and the -reply to it: - - “Investigating Officer: ‘Did the Führer say anything about an - order which should be issued on the subject?’ - - “Witness: ‘What I have just said was his order. He said that he - wanted it carried out even if no written order followed.’” - -After Halder’s deposition, in the document book on your table, there is -an extract from the deposition of the former Deputy Chief of the -Operations Section of OKW headquarters, General Warlimont, dated 12 -November 1945. He was testifying on oath before Lieutenant Colonel -Hinkel of the American Army. This document is the result of work -accomplished by our American colleagues. The American Prosecution has -kindly placed this document at our disposal, which we in turn submit to -the Tribunal as Exhibit Number USSR-263(a) (Document Number -USSR-263(a)). I think the Defense Counsel wishes to submit another -request to the Tribunal. I therefore cede my place. - -DR. NELTE: Mr. President! Regarding General Warlimont, we have the same -reasons which I just mentioned regarding Generaloberst Halder. General -Warlimont is also present in Nuremberg and is at your disposal for -examination in the court. Concerning the importance. . . . - -THE PRESIDENT: What do you want to request now? - -DR. NELTE: My application consists in the request to disallow the use of -the document which the Soviet Prosecutor has just wished to read out -loud, and to direct that the witness, Warlimont, now present in -Nuremberg, be called as a witness. - -THE PRESIDENT: The Tribunal has just ruled that the interrogation of -General Halder may be used, but if it is used—and it is being used—he -must be submitted for cross-examination by counsel for the defendants. -What more do you want? - -DR. NELTE: I am not speaking about Generaloberst Halder but about -General Warlimont. - -THE PRESIDENT: I thought we had already ruled upon General Warlimont; -that he had to be called—that is, only yesterday or the day before. - -DR. NELTE: I believe that this ruling has escaped the memory of the -Soviet Prosecutor, otherwise he would not be reading this document out -loud but would be introducing General Warlimont to the Court in person. - -THE PRESIDENT: I think the ruling of the Tribunal was that the -Prosecutor should be entitled to use the interrogation, but if he did -so, he must submit the witness for cross-examination. Therefore, the -Soviet Prosecutor is entitled to read the interrogation and General -Warlimont will then be produced for the purpose of cross-examination. - -DR. NELTE: Is he obliged to do this or may he use his own discretion? - -THE PRESIDENT: I suppose he might use his own discretion and call the -witness if he wanted to and not put in the interrogation. - -You see, Dr. Nelte, the position of the Tribunal is this. If the -prosecuting counsel chooses to call the witness and not to use the -interrogation, of course, he calls the witness, examines the witness, -and the witness is liable to cross-examination by Defense Counsel. If, -on the other hand, the prosecuting counsel wishes to use the -interrogation, which he already has, he can do so; but if the witness is -available in or near Nuremberg, he must still be produced for -cross-examination. - -The discretion which Counsel for the Prosecution has is as to whether -they use an interrogation which they already have or call the witness. -But in either case, the witness, if he is here, must be produced for -cross-examination. - -DR. NELTE: The witnesses, Generaloberst Halder and General Warlimont, -are both in Nuremberg and at our disposal. I merely wish to know whether -the date when he is to be presented depends on the discretion of the -Chief Prosecutor. We are interested in the possibility of holding the -cross-examination when the Prosecution has read out the written -statement. - -THE PRESIDENT: I thought that was a matter you might settle with the -prosecuting counsel as to whether you wish to cross-examine him directly -after the interrogation has been presented or after a short delay. If I -were to say that he is to be cross-examined immediately after the -interrogation has been put in probably Defense Counsel would say he -wanted time to consider the interrogation. But you can surely settle -that with Colonel Pokrovsky. - -DR. NELTE: Then I will deal with Colonel Pokrovsky on this matter. Thank -you. - -COL. POKROVSKY: I take the liberty of starting from the point where I -broke off. We now present to the Tribunal Exhibit Number USSR-263(a), -consisting of the minutes of the interrogation, under oath, of the -witness, Warlimont, given to Lieutenant Colonel Hinkel of the American -Army. I do not intend to read this document into the record in full. -Warlimont, in many cases, repeats Halder. The important thing is that he -confirms two facts in their entirety: - -(1) That it was Hitler who conducted the meeting of which we were -informed by Halder’s testimony. (2) That, even before the war, Hitler -had issued a directive to shoot prisoners of war; pointing out that -special units were to be created for this purpose and that the SD would -follow the Army. - -Warlimont further testified—I quote, and Your Honors will find the -excerpt which I quote on Page 26: - - “He”—that is Hitler—“further said that he did not expect the - officer corps to understand his orders, but he demanded that - they obey his orders unconditionally.” - -We have some more testimonies, those of Lieutenant General of the German -Army, Kurt von Österreich. He was the former Commander of the Prisoner -of War Section of the Danzig Military District. He personally handed his -testimonies to the representatives of the Red Army on 29 December 1945. -His testimonies, registered as Exhibit Number USSR-151 (Document Number -USSR-151), are contained in your document book. I shall read certain -excerpts into the record: - - “I began my work as Commander of the Prisoner of War Section at - the headquarters of Military District XX (Danzig) on 1 February - 1941. - - “Prior to that I was the commanding officer of the 207th - Infantry Division, located in France. - - “It was towards March 1941 that I was summoned to Berlin to - attend a secret meeting at the headquarters of the OKW. This - conference was conducted by Lieutenant General Reinecke, then - Chief of Headquarters’ Prisoner of War Section. - - “Over 20 chiefs of the district prisoner of war sections from - various regions attended this conference, as well as several - staff officers of the headquarters. I cannot, at present, - remember the names of these officers. - - “General Reinecke told us, as a great secret, that a tentative - invasion of the Soviet territory had been planned for the - beginning of summer 1941 and that in this connection the OKW had - elaborated essential measures, including the preparation of - camps for Russian prisoners of war expected after the beginning - of operations on the Eastern front.” - -I omit 3 paragraphs and shall go on to several details of greater -importance: - - “On this occasion he ordered us to construct open air camps - surrounded only by barbed wire in such cases where there would - be no time to construct roofed-in barracks for the Russian - prisoners. - - “Moreover, Reinecke gave us instructions as to the treatment of - Russian prisoners of war, directing us to shoot without any - warning those prisoners who might attempt to escape.” - -In my opinion, the next two long paragraphs can be omitted in order to -save time. - - “After some time”—I pass on to Page 28 of your document - book—“I received a directive from the headquarters of the OKW - confirming Reinecke’s instructions to shoot without any warning - all Russian prisoners attempting to escape. I do not now - remember who signed this directive.” - -The witness further testifies how he was called, either towards the end -of 1941 or the beginning of 1942 to a conference in Berlin of the -military district chiefs on prisoner-of-war affairs. The conference was -conducted by Major General Von Graevenitz. The question under discussion -was what to do with those Russian prisoners of war who were unable to -work as the result of wounds or exhaustion. I think it might be useful -to quote a few lines. They are on Page 29 in your document book: - - “On the proposal of General Von Graevenitz this question was - discussed by several officers present, including doctors, who - stated that such prisoners of war unable to work should be - concentrated in one place—either in camp or in hospital—and - killed by poisoning. As a result of this discussion General Von - Graevenitz ordered us to murder war prisoners incapable of work, - using for this purpose the camp medical personnel.” - -The witness asserts that when he arrived on duty in the Ukraine in the -summer of 1942, he learned there, as he says—you will find these two -lines on Page 29, “A method of murdering Russian prisoners of war by -poisoning is already adopted there.” - -The witness quotes actual figures, actual facts connected with this -crime. I think it important to note a reference to this fact quoted on -the fourth page of the Russian text, third paragraph from the top, on -Page 29 of your document book: - - “When I was in the Ukraine I received from headquarters a - top-secret order signed by Himmler, directing that, as from - August 1942, Russian war prisoners must be branded with a - special mark. - - “Russian war prisoners were kept in concentration camps under - severe conditions, were poorly fed, subjected to moral outrages, - and died of hunger and disease.” - -Österreich names facts which confirm this testimony. The following -episode is revealingly characteristic. I quote the second paragraph of -the fifth page; it is on Page 31 in your document book: - - “In the beginning of 1942 when an echelon of Russian war - prisoners was being moved from the Ukraine to the city of Torun, - approximately 75 people died there, the corpses of whom were not - taken away but left in the railway car together with the - living. . . . About 100 prisoners of war who could not bear - these conditions and tried to escape were shot.” - -These and similar cases are known to the witness. He enumerates them, -but I do not think it is necessary to cite all of them to the Tribunal. -They are all alike. - -THE PRESIDENT: Please, proceed. - -COL. POKROVSKY: Thank you. I thought the members of the Tribunal were -deliberating. I, therefore, interrupted my report. Thank you. - -Österreich also speaks about directives which provide for the shooting -of all political commissars of the Red Army, Communists, and Jews. Such -an arrangement practically opened the way for the extermination of any -Soviet prisoner of war under the pretext that he was suspected of -belonging to the Communist Party or if he looked like a Jew. - -In rounding up General Österreich’s testimony it is necessary to quote a -sentence mentioned, as I believe, by the Commander-in-Chief, General -Field Marshal Von Reichenau, in “The Conduct of the Army in the East.” I -submit this document to the Tribunal as our Exhibit Number USSR-12 -(Document Number USSR-12). This quotation is on Page 33 in your document -book, “Supplying the civilian population and the prisoners of war with -food is a misunderstood humanitarian act as well as . . .” I submit to -the Military Tribunal this despicable directive of Hitler’s Field -Marshal and request it be accepted as evidence. This document is -registered under Number USSR-12. - -Three of Hitler’s high-ranking officers confirmed that even at the -beginning of the war, at a special conference. . . . - -THE PRESIDENT: Could you tell us if this order was issued by Field -Marshal Von Reichenau? By the general himself? - -COL. POKROVSKY: The order is signed by General Field Marshal Von -Reichenau. - -THE PRESIDENT: Was it captured or what? - -COL. POKROVSKY: This document was one of the trophies captured by the -Russian Army. - -THE PRESIDENT: By the Russian Army? - -COL. POKROVSKY: By the Russian Army. - -THE PRESIDENT: Thank you. - -COL. POKROVSKY: Three of Hitler’s high-ranking officers have confirmed -that already at the beginning of the war the question of exterminating -Soviet prisoners of war was settled during a special conference. -They—the witnesses—differ slightly in detail, but the fact itself has -been quite definitely established. The sentence which I quoted from the -directive of Field Marshal Reichenau also confirms that even the supply -of food to the soldiers of the Red Army taken prisoner by the Germans -was considered as “unnecessary humanity.” - -It is useful perhaps to submit to you Document Number 884-PS (Exhibit -USSR-351). It bears the signature of Warlimont and a postscript by the -Defendant Jodl. The document was drawn up at the Führer’s headquarters -on 12 May 1941. It said, “OKH had submitted the draft of a directive -dealing with the treatment of responsible political workers and similar -persons.” You have this quotation on Page 35 in the document book, as -well as the two following excerpts which I am going to quote. - -The draft foresaw the “removal” of persons of this category. The -decision whether a prisoner of war falls into the group “to be removed” -is up to the officer. The document states; “By an officer with authority -to impose punishment for breach of discipline.” Thus, any junior officer -was endowed with powers of life and death over any captured Red Army -soldier, regardless of his rank or service. Paragraph 3 of this document -states: - - “Political commissars of the army are not recognized as - prisoners of war and are to be liquidated, at the latest, in the - transient prisoner-of-war camps. No evacuation to the rear - areas.” - -The Defendant Jodl added the, for him, characteristic postscript—you -will find it on Page 37 of the document book: - - “We must reckon with possible reprisals against German airmen. - It would, therefore, be better to consider all these measures in - the nature of reprisals.” - -General Österreich’s testimony concerning the existence of the order to -brand Soviet prisoners of war is fully confirmed. I submit to the -Tribunal, as Exhibit Number USSR-15 (Document Number USSR-15), Order -Number 14-802/42, given by the Chief of Gendarmerie of the Vice Governor -in the Region of Styria. It is stated in the order that it is a question -of disclosing the order of the Chief of Police. The first paragraph of -the order of the chief of the regular police states—the paragraph -quoted is on Page 38 of the document book: - - “1. Soviet prisoners of war are to be branded with a special and - lasting mark. - - “2. The brand is to consist of an acute angle of about 45 - degrees with a 1-centimeter length of side, pointing downwards - on the left buttock, at about a hand’s width from the rectum. - This brand is to be made with the lancets available in all - military units. Indian ink is to be used as coloring matter.” - -The third paragraph underlines that, “Branding is not a sanitary -precaution.” - -It is stated in Paragraph 5 that, together with all Soviet prisoners of -war now entering the regions of the Baltic States, the Ukraine, and the -province of the Governor General commanded by the German Armed Forces, -all the remaining prisoners of war in the area of the Supreme Army -Command (OKW) up to September 1942 are to be subjected to branding. - -The same directive was issued to the presidents of the regional labor -offices and the Reich Inspectors for Allocation of Labor. In this -Document Number 1191-PS, Page 40 of the document book, it is stated that -the order of the OKW, dated 10 July 1942, was brought to the attention -of the presidents of regional labor offices and to the Reich Inspectors -for Allocation of Labor. - -Our documents numbered USSR-121, 122, and 123 are excerpts taken from -orders issued by the German military authorities, such as regimental and -divisional commanders, and confirm that the prisoners of war, in order -to “spare German blood,” were forced to clear mine fields and carry on -work which endangered their lives. Order Number 16641 of the 60th German -Infantry Division states, in explanation of the bestial treatment of the -Soviet warriors: - - “Russian soldiers and noncommissioned officers are very brave in - battle. Even a small isolated unit will always attack. In this - connection a humane attitude towards the prisoners is not - permissible.” - -This quotation is on Page 44 in the document book. - -THE PRESIDENT: We have had that already, have we not, or an almost -identical one? - -COL. POKROVSKY: You are right, Sir, I quoted this excerpt as a part of -the note of the Commissar of Foreign Affairs, Molotov; and now I quote -it as part of a special German document. I consider that it is an -unprecedented event in history when, instead of respecting an enemy for -his military valor, the senior officers of Hitler’s army, in reply to -such military valor, ordered their subordinates to treat this same enemy -ruthlessly and inhumanly. - -In the document submitted to you as Number 3257-PS (Exhibit Number -USSR-352), there is a sentence directly relating to my theme. It has -been read into the record. Document 3257-PS is a secret report of the -Armament Inspector in the Ukraine, dated 2 December 1941, and addressed -to the Chief of Armament Section of the OKW. It states—the excerpt -quoted is at the end of Page 45 and the beginning of Page 46 of your -document book: - - “Living conditions, food, clothing conditions, and the health of - the prisoners of war are bad; mortality is very high. We may - reckon on the fact that during this winter people will perish at - the rate of tens and even hundreds of thousands.” - -I submit a document under Document Number D-339 (Exhibit USSR-350). The -chief camp and factory physician, Jäger, having inspected the camp in -Naeggerath Street, informed the medical department of the Central -Administration of Camps, in a top-secret medical report on 2 September -1944—you will find the excerpt quoted on Page 47 of your document -book—as follows: - - “The prisoner-of-war camp in Naeggerath Street is in an - atrocious condition. The men live in dustbins, in kennels, in - ovens no longer used, and in huts made by themselves. Food is - barely sufficient. Krupp is responsible for shelter and the food - supply. Medicine and bandages were so scarce that in many cases - medical treatment was completely impossible. The blame for this - appalling state of affairs rests on the permanent camp.” - -In the files of the Defendant Rosenberg was found, among other -documents, one numbered Document 081-PS (Exhibit USSR-353). As far as we -can understand, it is a letter from Rosenberg to Keitel, dated 28 -February 1942, on the subject of the prisoners of war. A copy found in -Rosenberg’s files is unsigned, but there is no doubt that such a letter -was either addressed to Keitel or prepared for dispatch to the chief of -the Armed Forces. The letter states that the fate of the Soviet -prisoners of war in Germany is a tragedy on an enormous scale. - -I will now read into the record the second sentence of the fifth -paragraph of the Russian text—you will find it on Page 48 of the -document book: - - “Out of 3,600,000. . . .” - -THE PRESIDENT: I think the United States read this letter, did they not? - -COL. POKROVSKY: The document has been partially read, but I would ask -permission to read part of a short excerpt a second time, since it is of -importance to my further report. It will, quite literally, only take a -minute and a half of our time. - -THE PRESIDENT: Colonel Pokrovsky, we have been preventing other -prosecuting counsel from reading documents which have already been read -and we are directed by the Charter to conduct an expeditious trial; and -I do not really see how it can be expeditious if documents are read more -than once. - -COL. POKROVSKY: This document, which is already known to the Tribunal, -presents a very clear picture of what happened in the camp. The author -of this letter states that attempts had been made by the population to -supply the prisoners with food but that in most cases the attempts were -foiled by the energetic opposition of the camp commanders. - -There is no reason to suspect the author of that letter of piling on the -agony, or of having any liking for the Soviet people. On the contrary, -there is every reason to state that the question has not yet been fully -elucidated. This document, addressed by one defendant to another, -enables us to imagine the acts that took place in the camps for Soviet -prisoners of war. - -I began by presenting to you documents of German origin, and this with a -definite aim in view. After you have been informed of the attitude of -the Hitlerites themselves towards the Soviet prisoners of war and as -soon as you have learned however briefly, what the camps for the Soviet -prisoners looked like from the words of the Hitlerites themselves, it -will be easier for you to estimate the probative value of the documents -of non-German origin. - -I stop, because it seems to me the Tribunal wants to adjourn. - -THE PRESIDENT: Perhaps that would be a convenient time to adjourn. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -THE PRESIDENT: Colonel, the Tribunal proposes to adjourn at half past -four this afternoon, as they have some administrative work to do. - -COL. POKROVSKY: I return to the report of the Extraordinary State -Commission of the Soviet Union for the investigation of atrocities -committed by the German fascist invaders in Smolensk and in the region -of Smolensk. The greater part of this report is dedicated to the mass -annihilation of prisoners of war by the Germans. I should like to read -into the Record excerpts from this document, submitted to you as Exhibit -Number USSR-56 (Document Number USSR-56), Page 6, Paragraph 4 from the -top; you will find it on Page 58 of our document book. It reads as -follows: - - “The German fascist invaders systematically exterminated the - wounded and captured Soviet citizens. Physicians A. N. Smirnov, - A. N. Glasunov, A. M. Demidov, A. S. Pogrebnov, and others, - formerly interned in the war prisoners’ camp, stated that on the - road from Vyasma to Smolensk the Hitlerites shot several - thousand people. - - “In the autumn of 1941 the German occupational forces drove a - party of prisoners of war from Vyasma to Smolensk. Many of the - prisoners were unable to stand, as a result of continuous - beating and exhaustion. Whenever the citizens attempted to give - any of the prisoners a piece of bread, the German soldiers drove - the Soviet citizens off, beat them with sticks and rifle butts, - and fatally shot them. On the Bolshaya Sovetskaya Street, on the - Roslavskoye and Kievskoye high roads, the fascist blackguards - opened a disorderly fire on a column of prisoners of war. The - prisoners attempted to escape, but the soldiers overtook and - shot them. In that way nearly 5,000 Soviet people were fatally - shot. The corpses were left lying about the streets for several - days.” - -It is not difficult to see that this extract fully coincides with the -statement in Document Number 081-PS, which has already been read into -the Record, the contents of which I once before related to the Tribunal -very briefly and in my own words. - -We are completing the document only by factual evidence. On the same -Page 6—which corresponds to Page 58 of the Document Book—two lines -lower down, it is said: - - “The German military authorities tortured the prisoners of war. - On the way to Smolensk and especially at the camp, the prisoners - were killed by tens and hundreds. In Prisoner-of-War Camp Number - 126, the Soviet people were subjected to torture; sick people - were sent to heavy labor; no medical assistance was rendered. - The prisoners in the camp were tortured, forced to do work - beyond their strength, shot. About 150 to 200 people died every - day of torture, by starvation, typhus and dysentery epidemics, - freezing to death, exhausting work, and bloody terror. Over - 60,000 peaceful citizens and prisoners of war were exterminated - in the camp by the German fascist invaders. The facts of the - extermination of the imprisoned officers and men of the Red Army - and of the peaceful citizens were confirmed by the testimony of - physicians imprisoned in the camp; Smirnov, Shmouroff, - Pogrebnov, Erpoulov, Demidov, hospital nurses Shubina and - Lenkovskya, and also by Red Army soldiers and inhabitants of the - city of Smolensk. - - “Thousands of prisoners of war were shot in the camp under the - directions of Sonderführer Eduard Gyss. - - “Sergeant Gatlyn brutally avenged himself on the prisoners. - Being aware of the fact, they tried to keep out of his way. So - Gatlyn dressed in the uniform of a Red Army soldier, mixed with - the crowd, and, having picked himself a victim, would beat him - half dead. - - “Private Rudolf Radtke, a former wrestler from the German - circuses, prepared a special lash made of aluminum wire, with - which he beat the prisoners black and blue. On Sundays he would - come to the camp drunk, throw himself on the first prisoner he - met, torture and kill him. - - “Emaciated and exhausted Soviet invalids were forced by the - fascists to work at the Smolensk power plant. Many occasions - were observed when prisoners, worn out by starvation, would - collapse under the strain of work beyond their strength and were - immediately shot by Sonderführer Szepalsky, Sonderführer Bram, - Hofmann Mauser, and Sonderführer Wagner. - - “There was, in Smolensk, a hospital for prisoners of war; Soviet - doctors working at that hospital stated: Up to July 1942, the - patients lay unbandaged on the floor. Their clothes and bedding - were covered not only with dirt but with pus. The rooms were - unheated and the floors of the corridors coated with ice.” - -A report of a medico-legal examination is appended, Your Honors, to the -statement of the Extraordinary State Commission which I have just -quoted. Experts such as Academician Burdenko, member of the -Extraordinary Commission, Dr. Prosorovsky, chief medico-forensic expert -of the People’s Commissariat for the Care of Public Health in the Union -of the Soviet Socialist Republics, Doctor of Medical Sciences, -Smolianov, Professor of Forensic Medicine at the Second Moscow Medical -Institute, and other specialists, conducted—from 1 to 16 October -1943—numerous exhumations and medico-legal autopsies on the corpses in -Smolensk and the vicinity of Smolensk. A great many mass graves were -opened which contained the corpses of such persons who had been killed -during the German fascist occupation. The number of corpses which were -found in these graves was between 500 and 4,500 at each place where such -mass executions took place. - -I shall read into the Record only such excerpts from the findings of the -experts’ investigation as have a direct bearing on my subject. You will -find the paragraph which I am now quoting on Page 61 of your document -book, corresponding to Page 9 of our Exhibit Number USSR-56 (Document -Number USSR-56). - - “The corpses found in the pits were for the most part either - partially or completely-naked, or else clothed in worn-out - underwear; only in the minority of cases did the bodies - disinterred wear clothes or military uniforms.” - -It is stated in Paragraph 2 on the next page of the Document Number -USSR-56—page 62 of the document book—Paragraph 2: - - “Identity documents were found in 16 cases only—3 passports, 1 - Red Army book, and 12 military identity ‘medallions.’ By - ‘medallions’ I mean the small tube-like cases, not unlike a - needle case in appearance, issued to each soldier in the Red - Army. A document giving the soldier’s name, his father’s name, - surname, and rank, together with his home address, is slipped - into this tube. - - “In some cases partly preserved articles of clothing and tattoo - marks alone could help in establishing the identity of the - deceased.” - -This circumstance confirms the fact that the Germans endeavored to make -the identification of their victims impossible, as demanded in special -German directives. The first paragraph on Page 11 of Document Number 56, -corresponding to your Page 63 in the document book, says: - - “The autopsies performed on corpses taken from graves in the - area of the large and small concentration camps at Plant 35, of - the former German hospital for prisoners of war, of a sawmill, - and of concentration camps near the villages of Becherskaya and - Rakytna, revealed that, according to the data of the autopsies, - death in an overwhelming majority of cases could be ascribed to - hunger, starvation, and acute infectious diseases. - - “An objective proof of death from starvation, over and above the - total absence of all subcutaneous fatty tissues, as disclosed - during the autopsies, was the discovery, in a number of cases, - of grassy substances, remains of rough leaves and plant stalks - in the abdominal cavity.” - -On the same page, but rather lower down, in Paragraph 4, we read: - - “The considerable number of burial-pits opened (87), filled with - masses of corpses, together with the estimated differences in - the time of burial, differences ranging from the second half of - 1941, 1942, and 1943, testify to the systematic extermination of - Soviet citizens. - - “The victims, in an overwhelming majority of cases, were men and - men mostly in the prime of life, that is, between the ages of 20 - and 40.” - -Somewhat lower, on the same page: - - “Special attention was attracted by the fact that the exhumed - corpses, with few exceptions, regularly lacked footwear. - Clothing, too, was absent, as a rule, or consisted of worn-out - underwear or parts of outer garments. The natural conclusion - drawn from these facts is that the removal of clothes and - footwear of any value had become the usual and officially - recognized procedure preceding the extermination of Soviet - citizens.” - -In conclusion, the commission deals with the means of extermination, -that is, shooting, asphyxiation by gas, and so forth. All this is not -new to us and it is not necessary at present to read this part of the -conclusion. - -In our document, Exhibit Number USSR-6(c) (Document Number USSR-6(c)), -minutes are quoted from the report of the medico-legal experts as well -as the findings of the board of medical experts. We find them on Pages -9, 10, 11, and 12 of the document. I shall set forth, in brief, the -contents of the minutes and shall quote a few words from the findings. -According to the minutes, the Hitlerites had set up a large camp for -prisoners of war in the town of Rawa-Ruska, 52 kilometers northeast from -the city of Lvov. In this camp a large number of Soviet and French -prisoners of war were interned, and there they perished; they were shot, -died of infectious diseases, or starved to death. The commission of -medico-legal experts opened up a large number of graves. Some of these -graves had been camouflaged by green shrubs and grass. A considerable -number of bodies unearthed were dressed in military or semi-military -clothing. In some cases identity medallions of Red Army soldiers were -discovered inside the clothes. The ages of the prisoners whose bodies -were recovered from the graves ranged from 20 to 40 years. - -It is said in the findings—the extract quoted is on Page 70 of the -document book: - - “The data of the autopsies performed on the exhumed bodies - justify the conclusion that bodies of Soviet prisoners of war - had, in effect, been buried in the forementioned graves. The - burial was on a mass scale. The bodies were placed in each grave - at a rate of 350-400 corpses (the grave measuring 7 by 4 - meters), in layers, one layer on the other. The bodies were - buried in the clothes they had worn at the time of death. The - absence of footwear on all the corpses indicates that the Soviet - prisoners, when alive, were kept unshod or else that their - footwear was removed after death. The prisoners were interned in - appallingly unsanitary conditions, since all the clothing found - was vermin-infested. Judging by the clothes, death, in the - majority of cases, must have occurred during the cold season of - the year. Nevertheless, practically no warm clothing was found - on any of the bodies. To escape the cold, the prisoners of war - had dressed in two or three sets of summer uniforms, had wrapped - themselves up in sacking, towels. . . .” - -I omit a few sentences from this statement and wish to read into the -Record the part dealing with the total number of corpses. It is on Page -70 of your document book: - - “The number of graves (36), their size, and the number of bodies - discovered justify us in believing that from 10,000 to 12,000 - bodies of Soviet prisoners of war were buried in this area. The - degree of their decomposition points to the fact that the - corpses had been buried underground for about 3 years, that is, - the time of burial must be placed somewhere in the late autumn - or in the winter of 1941-1942.” - -A special section of the report of the Extraordinary State Commission of -the Soviet Union for the determination and investigation of atrocities -committed by the German fascist invaders in the city and region of -Orel—which I submit to the Tribunal as Exhibit Number USSR-46 (Document -Number USSR-46)—records the mass extermination of prisoners of war -carried out over a long period of time. - -The prisoner-of-war camp was set up in the city jail of Orel. After the -Hitlerite invaders had been driven from Orel, the Extraordinary -Commission was able to secure the testimony of doctors who had been in -this camp and who had fortuitously escaped with their lives. Included in -this report are the personal observations of a member of the -Extraordinary State Committee, Academician Burdenko, who personally -examined people liberated by the Red Army from the camp, from the camp -premises, and from the so-called camp hospital. The general conclusion -is that in the camp of Orel and in others the Hitlerites bodily -exterminated the Soviet people with characteristic German thoroughness. - -The prisoners received 200 grams of bread and a liter of soup made from -rotten soy beans and moldy flour. The bread was baked with an admixture -of sawdust. The camp administration, doctors included, treated the -prisoners atrociously. I should like to quote a few excerpts from the -report of the commission, and I shall start from Paragraph 5, Page 2 of -the document, which you will find on Page 72 of the document book: - - “The camp commander, Major Hoffmann, flogged the prisoners and - forced persons exhausted by hunger to carry out heavy manual - work in the local quarries and in the unloading of ammunition. - - “Boots and shoes were taken from the prisoners and replaced by - wooden clogs. - - “In the winter these clogs became slippery and the prisoners, - when walking, and especially when going up to the 2d and 3rd - floor, would slip on the stairs and be lamed.” - -Dr. H. I. Zvetkov, a former inmate of the prisoner-of-war camp, -testified as follows. I quote, and you will find the excerpt quoted on -Page 72 and at the beginning of Page 73: - - “I can only describe the attitude of the German Command towards - the prisoners of war, during my stay in the camp at Orel, as one - of deliberate extermination of manpower in the person of the - prisoners. The food ration, which at best contained a maximum of - only 700 calories, led, when work was hard and beyond their - strength, to complete exhaustion of the organism (cachexia) and - to death. . . . - - “Despite our categorical protests and our struggle against this - mass murder of the people of the Soviet, the German camp - doctors, Kuper and Beckel, maintained that the diet was - perfectly satisfactory. Moreover, they denied that the oedemata - from which so many of the prisoners suffered were due to - starvation and quite calmly ascribed the condition entirely to - heart or kidney troubles. The very mention of the term ‘hunger - oedema’ was forbidden in the diagnosis. Mortality in the camp - assumed mass proportions. Of the total number of persons - murdered, 3,000 died of starvation and of complications arising - from malnutrition. - - “The prisoners lived in indescribably appalling conditions. The - overcrowding was incredible. Fuel and water were completely - lacking. Everything was infested by vermin. From 50 to 80 people - were crammed into a ward 15 to 20 square meters in size. - Prisoners would die at the rate of five or six per ward, and the - living would have to sleep on the dead.” - -It is further said that a particularly terrible regime existed for those -included in the category of recalcitrants. They were put into a special -building, named the death block. The inmates of this block were shot on -schedule, five to six persons being taken to execution every Tuesday and -Friday. The German physician Kuper was one of those present at the -shootings. Academician Burdenko established that in the so-called -hospital people were exterminated in the same manner as in the rest of -the camp. - -In the penultimate paragraph, on Page 3, we read—members of the -Tribunal will find this passage on Page 73 of the document book: - - “The scenes which I had to witness defy all imagination. My joy - at the sight of the liberated people was marred by the fact that - their faces bore an expression of utter stupor. This made me - think, ‘What is the matter here?’ Evidently the sufferings they - had undergone erased from their minds all distinction between - life and death. - - “I observed these people for 3 days and bandaged their wounds - while moving them from the camp, but the mental stupor remained. - Something similar could also be seen on the faces of the doctors - during the first few days. - - “People perished in the camp from disease, starvation, and - floggings. In the so-called ‘hospital’ prison they died of - wound-infection, sepsis, and starvation.” - -On the 2d day of May 1945, there was captured in Berlin a member of the -SS, Paul Ludwig Gottlieb Waldmann. The son of a shopkeeper, Ludwig -Waldmann, he was born in Berlin on 17 October 1914. From information -received, his mother, up to the time of his capture, was living in the -city of Brunswick, Donnerburweg 60. - -He testified personally to facts known to him regarding the mass -extermination of Soviet prisoners of war. He witnessed these -exterminations while working as a driver in different camps and himself -participated in the mass killings. His testimony is on Page 9 of Exhibit -Number USSR-52 (Document Number USSR-52), entitled, “Camp Auschwitz.” He -provides more detailed information on the murders in the camp at -Sachsenhausen. - -Towards the end of summer 1941, the Sonderkommando of the Security -Police in this camp exterminated Russian prisoners of war daily for a -whole month. Paul Ludwig Gottlieb Waldmann testified—you will find the -excerpt I am quoting on Page 82—that: - - “The Russian prisoners of war had to walk about one kilometer - from the station to the camp. In the camp they stayed one night - without food. The next night they were led away for execution. - The prisoners were constantly being transferred from the inner - camp on three trucks, one of which was driven by me. The inner - camp was approximately one and three-quarters of a kilometer - from the execution grounds. The execution itself took place in - the barracks which had recently been constructed for this - purpose. - - “One room was reserved for undressing and another for waiting; - in one of them a radio played rather loudly. It was done - purposely so that the prisoners could not guess that death - awaited them. From the second room they went, one by one, - through a passage into a small fenced-in room with an iron grid - let into the floor. Under the grid was a drain. As soon as a - prisoner of war was killed, the corpse was carried out by two - German prisoners while the blood was washed off the grid. - - “In this small room there was a slot in the wall, approximately - 50 centimeters in length. The prisoner of war stood with the - back of his head against the slot and a sniper shot at him from - behind the slot since the sniper often missed the prisoner. - After 8 days a new arrangement was made. The prisoner, as - before, was placed against the wall; an iron plate was then - slowly lowered onto his head. The prisoner was under the - impression that he was being measured for height. The iron plate - contained a ramrod which shot out suddenly and pole-axed the - prisoner with a blow on the back of the head. He dropped dead. - The iron plate was operated by a foot lever in a corner of the - room. The personnel working in the room belonged to the - above-mentioned Sonderkommando. - - “By request of the execution squad, I was also forced to work - this apparatus. I shall refer to the subject later. The bodies - of prisoners thus murdered were burned in four mobile - crematories transported in trailers and attached to motor cars. - I had to ride constantly from the inner camp to the execution - yard. I had to make 10 trips a night with 10 minutes’ interval - between trips. It was during these intervals that I witnessed - the executions. . . .” - -It is a long way from these individual murders to the death factories of -Treblinka, Dachau, and Auschwitz, but the tendency, the line of action -are identical. Methods and extent of the killings varied. The Hitlerites -endeavored to discover ways and means for the rapid mass extermination -of human beings. They spent much time on the solution of this problem. -To realize their ambition they began to work on the solution even prior -to their attack on the Soviet Union by inventing different implements -and instruments of murder, while peaceful inhabitants and prisoners of -war alike ended up as victims of Hitler’s executioners. - -I present to the Tribunal the report of the Extraordinary Commission on -the German atrocities in the Lithuanian Soviet Socialist Republic. This -is Exhibit Number USSR-7 (Document Number USSR-7). Here, as in other -places, the mass extermination of Soviet prisoners of war formed part of -the savage plan of the fascist aggressors. I shall quote a few sentences -from Page 6 of this document. In your copy it is marked with pencil, on -Page 86 of the document book: - - “In Kaunas, in Fort Number 6, there was a camp, Number 336, for - Soviet prisoners of war. The prisoners in the camp were - subjected to cruel torture and insult, in strict accordance with - the inhuman ‘directions to the supervisors and escorts attached - to labor detachments.’ The prisoners of war in Fort Number 6 - were doomed to inanition and death from starvation. - - “The witness, Medishevskaja, informed the Commission: ‘The - prisoners of war were terribly starved; I saw them pluck grass - and eat it.’” - -I omit a few sentences and read on: - - “At the entrance to Camp Number 336, there still exists a board - with the following inscription in German, Lithuanian, and - Russian: ‘All those who maintain contact with prisoners of war, - especially those who try to give them food, cigarettes, or - civilian clothes, will be shot!’ - - “There was in the camp at Fort Number 6 a ‘hospital’ for - prisoners of war which in reality served as a point of transfer - from the camp to the grave. The prisoners of war thrown into - this ‘hospital’ were doomed to death. - - “According to monthly statistics of sickness among the prisoners - of war in Fort Number 6, from September 1941 to July 1942, that - is, over a period of 11 months only, the number of dead Soviet - prisoners amounted to 13,936.” - -I shall abstain from reading the list of graves opened; I shall merely -quote the sentence indicating the sum total of the graves. “All told, -35,000 prisoners of war were buried in these graves, according to the -camp documents.” - -Besides Camp Number 336, in the same town of Kaunas, there existed -another, unnumbered camp on the southwestern border of the airfield. It -is stated, in connection with this camp, that: - - “As in Fort Number 6, starvation, the lash, and the truncheon - reigned in this camp. Exhausted prisoners of war, no longer able - to move, were carried out every day beyond the precincts of the - camp, placed alive in previously prepared pits, and covered with - earth.” - -The last three lines of the left column, on Page 6 of the Document. -Number USSR-7—Page 86 of your document book—state as follows: - - “The records, documents, and testimonies of witnesses enabled - the commission to establish that here, within the precincts of - the airfield, nearly 10,000 Soviet prisoners had been tortured - to death and buried.” - -The report mentions one more camp, Number 133, near the town of Alitus, -and a few more which had been established in July 1941 and existed up to -April 1943. In these camps the prisoners froze to death. When unloaded -from the railway coaches, such prisoners of war who were unable to walk -were shot out of hand. The remaining prisoners were tortured until they -lost consciousness, hanged by their feet on chains, brought back to -consciousness by having cold water dashed over them; then the whole -process would be repeated all over again. - -Giving the sum total of prisoners murdered, the commission writes—the -few lines which I am about to quote are likewise on the same page, 86, -of the document book: - - “It had been established that no less than 165,000 Soviet - prisoners of war were executed by the Germans in the - above-mentioned camps of the Lithuanian S.S.R.” - -The extermination of Soviet prisoners of war was, quite literally, -carried out in every camp. Thousands of Soviet soldiers likewise -perished in the extermination camp of Maidanek. The second paragraph of -Page 5 of the joint Polish and Soviet communiqué of the Extraordinary -Commission, which is presented to you as Exhibit Number USSR-29 -(Document Number USSR-29)—corresponding to your Page 92 of the document -book—states that: - - “The entire bloodstained history of this camp begins with the - mass shooting of Soviet prisoners of war, organized by the SS in - November and December 1941. Out of a group of 2,000 Soviet war - prisoners, only 80 remained alive. All the rest were shot except - a few who were racked and tortured to death. - - “Between January and April 1942 more transports of Soviet - prisoners of war were brought to the camp and shot. Nedzelek - Jan, hired to work in the camp as a truck driver, testified: - - “‘About 5,000 Russian prisoners of war were exterminated by the - Germans in the winter of 1942 by the following method: They were - taken from their barracks in trucks and driven to the pits of a - former stone quarry, and in these pits they were shot.’ - - “Prisoners of war of the former Polish Army, captured as far - back as 1939 and imprisoned in various German camps, were - already concentrated, in 1940, in the Lublin camp on Lipovoja - Street and were soon after transferred, in batches, to the - extermination camp of Maidanek, where they suffered the same - fate: systematic torture, murder, mass shooting, _et cetera_. - - “The witness, Reznik, testified as follows: - - “‘In January 1941, we, a party of approximately 4,000 Jewish - prisoners of war, were placed into railway coaches and sent to - the East. . . . We were brought to Lublin, unloaded and handed - over to the SS. About September or October 1942, it was decided - that only those people who were qualified as skilled plant and - factory workers, and therefore needed in the town, were to be - left in the camp on Number 7 Lipovoja Street, while the rest, - and I among them, were transferred to Maidanek Camp. All of us - already knew—and knew far too well—that deportation to - Maidanek meant death. Of this party of more than 4,000 prisoners - of war, only a few individuals, who had managed to escape while - engaged in work outside the camp, remained alive. - - “‘In the summer of 1943, 300 Soviet officers, including two - colonels, four majors, with the remainder consisting of captains - and senior lieutenants, were brought to Maidanek. The officers - in question were shot in the camp.’” - -Huge camps for the extermination of Soviet prisoners of war had been -organized by German fascists in the territory of the Latvian Soviet -Socialist Republic. The report of the Extraordinary State Commission for -the investigation of atrocities committed by the German invaders on the -territory of this republic—we present to the Tribunal this report as -Exhibit Number USSR-41 (Document Number USSR-41)—contains the following -data on the extermination of 327,000 Soviet prisoners of war. I quote -excerpts from Page 7, on the right column of the above-mentioned report. -You, Sir, as well as the other members of the Tribunal, will find the -excerpt on Page 97 of the document book: - - “In Riga, the Germans organized a camp, Stalag 350, for Soviet - prisoners of war, on the premises of the former barracks on - Pernovskaja and Rudolf Streets, which existed from July 1941 to - October 1944. There Soviet prisoners of war were kept in inhuman - conditions. The building where they were lodged had neither - windows nor heat. In spite of heavy forced labor from 12 to 14 - hours a day, their rations consisted only of 150-200 grams of - bread and so-called soup made of grass, rotten potatoes, leaves - of trees, and other refuse.” - -In my opinion, it is necessary to stress the monotony of the rations -issued to the prisoners of war. Testimonies given by witnesses coincide -entirely with the official directive on the quantities of food allotted -to the prisoners of war, which I have already read into the Record -today. - -A former prisoner of war, P. F. Yakovenko, who was imprisoned in Stalag -350, testified—this is on Page 97 in your document book; forgive me, I -forgot to mention it: - - “We were given 180 grams of bread, half consisting of sawdust - and straw, one liter of unsalted soup made of unpeeled rotten - potatoes. We slept on the bare ground and were eaten up by lice. - Between December 1941 to May 1942, 30,000 prisoners of war - perished in this camp from starvation, cold, flogging, typhus, - and shooting. The Germans daily shot prisoners of war who, owing - to weakness or illness, were unable to go to work; they mocked - at them and beat them without any reason at all.” - -G. B. Novitzkis, who had worked as senior nurse in the hospital for -Soviet prisoners of war in Number 1, Gymnastitcheskaya Street, testified -that she had repeatedly seen patients eat grass and tree leaves in order -to quell the pangs of hunger. - - “In sections of Stalag 350, on the territory of a former - brewery, and in the Panzer barracks, over 19,000 persons - perished between September 1941 and April 1942 alone, of - starvation, torture, and epidemics. The Germans also shot - wounded prisoners of war. In addition, Soviet prisoners of war - perished en route to the camp, since the Germans left them - without food or water.” - -A female witness, A.V. Taukulis testified: - - “In the fall of 1941 a transport of Soviet prisoners of war, - consisting of 50-60 coaches, arrived at the station of - Salaspils. When the cars were opened, the stench of corpses - spread over a great distance. Half the men were dead; many were - at the point of death. Men who were able to climb out of the - coaches dashed towards water, but the guards opened fire and - shot a score or two of them.” - -I shall not enumerate other facts which took place in Stalag 350, I -shall merely read into the Record the final sentence, referring to this -camp. I fear that there is a misprint in this sentence in your document -book. If I am not mistaken, your document book mentions the shooting of -120,000 Soviet prisoners. This figure is inaccurate; in the original -document, which I shall now read into the Record, another figure is -mentioned, “In Stalag 350 and in its branches, the Germans tortured to -death and shot over 130,000 Soviet prisoners of war.” - -On Page 97 of your document book you can find the following part of this -report: - - “There was a camp for Soviet prisoners of war, Stalag 340, in - Daugavpilce (Dvinsk), known among the internees and the town’s - inhabitants as the ‘Death Camp,’ where in 3 years over 124,000 - Soviet prisoners of war perished from starvation, tortures, and - shootings.” - -The butchering of prisoners of war by German executioners usually began -on the way to the camp. In the summer, prisoners of war were transported -in tightly-closed wagons, in winter in freight coaches and on platform -trucks. Masses of prisoners perished from hunger and thirst. They -suffocated in the summer; they froze in the winter. - -Witness T.K. Ussenko stated: - - “In November 1941 I was on duty, as signalman, at the station of - Most, and I saw a transport, consisting of more than 30 coaches, - move into the ‘Kilometer 217’ siding”—this was the name given - to that particular part of the track—“Not a living soul was - discovered in the coaches. No fewer than 1,500 dead bodies were - unloaded from this transport. They were dressed in nothing but - their underclothes. The corpses lay around the railway track for - nearly a week.” - -The hospital attached to the camp was likewise dedicated to the -extermination of prisoners of war. Schoolteacher V. A. Efimova, who -worked at the hospital, told the Commission: - - “It was rarely that any one left this hospital alive. Five - shifts of grave-diggers, selected from among the prisoners, - carried the dead to the cemetery in handcarts. It frequently - happened that a man who was still alive would be thrown into the - cart and six to seven corpses or bodies of executed people piled - on top of him. The living were buried with the dead. At the - hospital sick people, tossing in delirium, were bludgeoned to - death.” - -When an epidemic broke out in the camp, the Hitlerites drove to the -airfield all the prisoners from any barrack where typhus patients had -been discovered and shot them. About 45,000 Soviet prisoners of war were -thus exterminated. - -Appalling facts are quoted in the documents of the Extraordinary State -Commission, which investigated the crimes of the German fascist invaders -in the neighborhood of Sevastopol, Kerch, and at the health resort of -Teberda. I shall read into the Record some data from our Exhibit Number -USSR-63(5) (Document Number USSR-63(5)). At the Sevastopol prison, the -German fascist command organized a hospital for sick and wounded -prisoners of war. Here the Soviet warriors perished in masses. I shall -quote a few sentences, which you will find in your document book on Page -99: - - “At the time the hospital was organized, the sick and wounded - were not given any water or bread for 5 or 6 days by the - Germans, who cynically said: ‘This is the punishment for the - specially stubborn defense of Sevastopol by the Russians.’ - - “The wounded brought in from the battlefield were given no - medical aid. Soldiers and officers were thrown on the cement - floor, where they lay bleeding for 7 and 8 days on end. - - “During the defense of Sevastopol, a military hospital and a - medico-sanitary battalion, Number 47, were installed in the - vaults of the champagne factory at Inkermann. After the retreat - of the Red Army, a large number of wounded soldiers and officers - were left behind in Vault Numbers 10, 11, 12, and 13, since - there had been no time to evacuate them. When the German savages - captured the factory, they all became drunk and set fire to the - vaults.” - -I omit a whole number of facts, the majority of which, strictly -speaking, should have been specially reported to the Tribunal. I pass on -to the description of the last crime mentioned in the statement of the -commission. I pay special attention to it because it describes the -brutal extermination of a very large number of wounded Red Army -soldiers. You will also find this excerpt on Page 99 of your document -book: - - “On 4 December 1943 there arrived at the station of Sevastopol, - from the city of Kerch, three transports of wounded prisoners of - war belonging to the Kerch landing forces. Having loaded them on - a 2,500-ton barge moored in the southern bay near the landing - stage, the Germans set fire to it. The heart-rending screams of - the prisoners filled the air. Women who were not far from the - barge could render no assistance to the wounded, since they were - driven from the site of the fire by gendarmes. Not more than 15 - men were saved. Thousands perished in the fire. - - “On the following day the same barge was loaded with 2,000 men - from among the wounded brought from Kerch. The barge sailed from - Sevastopol in an unknown direction, and all the wounded in it - were drowned at sea.” - -I repeat that I am omitting a considerable number of facts established -by the commission. - -There is but little difference in character between the documentary -evidence already read into the Record and the data on the atrocities -perpetrated by the German fascist invaders on Soviet prisoners of war in -the region of Stalino. In our Number USSR-2(a) we find, among a lot of -other documents, two documents about the extermination of Soviet -prisoners of war. The first document is dated Stalino, 22 September -1943, and is submitted by a special commission with the President of the -Stalinozavodsk Regional Council of Workers’ Deputies at its head. I -shall read into the Record that part of the document which contains -items of interest to us. The official report begins in the left-hand -column of Page 3 of Document USSR-2(a), and the extracts which I am -reading into the Record are printed on Page 108 of your document book: - - “The circumstances of the case: In the Stalinozavodsk district - of the town of Stalino, in the Lenin Club, the German fascist - invaders organized a camp for Soviet prisoners of war; at times - there were up to 20,000 men in this camp; the camp commandant, a - German officer named Gavbel, established an intolerable diet for - the Soviet prisoners of war. - - “Examined as witnesses, Ivan Vasilyetch Plakhoff and Konstantin - Semyonovitch Shatzky, former prisoners of war who had been - interned in this camp and managed to escape, testified that - prisoners of war were starved; a loaf of bread weighing 1,200 - grams and made of poor-quality, burned flour was issued to eight - men; once a day one liter of hot liquid food was issued, - consisting of a small quantity of burned bran, occasionally - mixed with sawdust. The premises in which the prisoners of war - were housed had no glass in their windows; in summer and winter - alike, even in the coldest weather, only 5 kilograms of coal per - day were allowed for heating purposes. This amount could not, of - course, heat the vast premises where up to a thousand prisoners - lived in a perpetual draught. Mass cases of frostbite were - observed. There were no baths. Generally speaking, people did - not wash for 6 months and were overrun by enormous quantities of - vermin. In the hot summer months the prisoners suffered from the - heat. They were left without drinking water for 3 to 5 days on - end.” - -The regime in the camp organized in the region of Stalinozavodsk was, as -is clear from the extracts read into the Record, precisely the same as -the regime in other German prisoner-of-war camps. This has been proved -beyond all doubt by the discovery of general directives. - -The following excerpt shows that, over and above these directives, camp -commanders had opportunities for committing atrocities themselves, each -man according to his own particular method, and yet remained unpunished. -On Page 105 of your document book you will find the following extract -which I am now quoting: - - “Prisoners of war were beaten with sticks and rifle butts on the - slightest provocation, and a punishment of 720 strokes with the - lash was imposed for any attempt at escape; the strokes were - administered over a period of 8 days—30 strokes of the lash at - a time—morning, noon, and evening. At the same time, the - culprits were deprived of their bread ration, while the liquid - ration was halved.” - -Mortality in the camp following this regime was enormous. In winter, up -to 200 persons died every day. Epidemics broke out in the camp. Numerous -cases of oedemata—the result of hunger and death by starvation—were -registered. - -The guards derived much pleasure in degrading the prisoners of war by -setting one against the other. Thus Shatzky testified that he was -flogged by German policemen, receiving 120 strokes with the lash and 15 -with sticks, for disobeying the order to flog his fellow prisoners of -war. The floggings were supervised by German officers. - -Provisions brought by civilians for handing to the prisoners of war did -not reach them. The commission came to the conclusion that no fewer than -25,000 Soviet prisoners of war were buried in the grounds of the camp -and of the central polyclinic. This conclusion is based on the -measurement and number of graves and on the evidence of witnesses. - -Mass killings and murders of prisoners of war were also organized by the -German fascist invaders in another town in the Don Basin, Artemovsk. A -special commission, consisting of the military prosecutor of the town of -Artemovsk, of the priest of the Pokrovskaya Church, Ziumin, of -representatives of the intelligentsia, public organizations, and army -units, drew up an official report on the mass murders of Soviet -prisoners of war organized by the fascist invaders. This official report -is on Page 4 of Exhibit Number USSR-2(a). It is also on Page 105 of your -document book. It is said in the report: - - “In November 1941, soon after the occupation of the town of - Artemovsk by German fascist invaders, a prisoner-of-war camp was - established in the territory of the small military town lying - beyond the northern station, housing 1,000 captured Red Army - prisoners of war.” - -I omit one paragraph and pass on to the question of living conditions in -the camp: - - “In the spring of 1942 prisoners of war, driven desperate by - hunger, used to leave the camp and, creeping on all fours like - animals, plucked and ate grass. In order to deprive the men even - of this modicum of food, the Germans fenced off the camp - building by a double row of barbed wire, with a distance of 2 - meters between the rows and barbed wire entanglements placed - between them.” - -I omit one paragraph and am preparing to read the conclusions into the -Record: - - “Twenty-five graves were discovered near the camp—three of them - mass graves. The first grave measured 20 by 15 meters; it - contained the remains of about 1,000 corpses. The second grave - measured 27 by 14 meters and contained the remains of about 900 - corpses. In the third grave, 20 meters by 1, the remains of up - to 500 corpses were discovered; and in the remaining graves, - from 25 to 30 in each, making up, all told, a total of some - 3,000 corpses.” - -In the neighborhood of the small farm of Vertyatchy, in the -Goroditschtchensky region of the Stalingrad area, the Hitlerites -established a prisoner-of-war camp. Here, as in other camps, and with -their customary and characteristic sadism, they exterminated the war -prisoners of the Red Army. - -I present to you, as evidence, our Exhibit Number USSR-63(3) (Document -Number USSR-63(3)), which contains an official report of 21 June 1943. -It is duly drawn up and certified and contains the following -information—this is on Page 110 of the document book: - - “As a result of the atrocious regime, at least 1,500 Soviet - prisoners of war perished of starvation, torture, sickness, and - executions in the camp near Vertyatchy, during the 3½ months of - its existence. - - “The Germans forced the prisoners to work from 14 to 16 hours - per day, and fed them once a day, the ration consisting of 3 to - 4 spoonfuls of stewed rye or a ladleful of unsalted rye soup - together with a piece of horse carrion. - - “A few days before the arrival of the Red Army the Germans - ceased to feed the prisoners altogether and condemned them to - death by starvation. Nearly all the prisoners suffered from - dysentery. Many had open wounds, but the prisoners received no - medical assistance whatsoever.” - -I omit one paragraph and pass on to the next, which deals with the -humiliating treatment of prisoners of war: - - “Germans mocked the patriotism of the Soviet prisoners of war by - forcing them to work on German military constructions, to dig - trenches and dugouts, and to build mud huts and shelters for - military technical equipment. The Hitlerites systematically - humiliated Soviet prisoners of war by making them kneel before - the Germans.” - -It is noted in the official report that the commission examined material -evidence: tools used for the torture of Soviet prisoners of war, a -leather thong and dagger, picked up among the disarmed bodies, with the -well-known Hitlerite slogan “Blood and Honor” (“Blut und Ehre”). The -circumstances in which the dagger was discovered give every possibility -of understanding what was meant by German “honor” and for whose blood -the dagger was intended. - -The documents of the Extraordinary State Commission of the Soviet Union -relating to the town of Kerch describe the characteristic crimes of the -Hitlerite invaders. I submit to the Tribunal the documents of the -Extraordinary State Commission as Exhibit Number USSR-63(6) (Document -Number USSR-63(6)), and I shall read several extracts into the Record. -In your copy they are all marked so as to enable the Tribunal to follow -the text quoted—Page 115. - -THE PRESIDENT: I think we might break off now. - - [_A recess was taken._] - -COL. POKROVSKY: On Page 115 of the document book you will find the -excerpt I am about to quote from the testimony of Citizeness P. Y. -Bulytchyeva: - - “Citizeness P. Y. Bulytchyeva, born in the city of Kerch in - 1894, testified: - - “‘I witnessed how our Red Army prisoners of war, both soldiers - and officers, were repeatedly driven along the street and how - the weak and wounded were shot out of hand by Germans in the - street itself when, through sheer debility, they fell out of the - ranks. Many times I witnessed this terrible scene. Once, in the - freezing cold, I saw a group of exhausted, ragged, and - barefooted prisoners driven along. Those who attempted to snatch - the pieces of bread thrown to them by the citizens were beaten - up with rubber truncheons and rifle butts. Those who fell under - the blows were promptly shot.’” - -I am omitting a few sentences which, in my opinion, need not be read -into the Record. - - “At the time of the second occupation, when the Germans broke - into Kerch again, they began to avenge themselves with even - greater fury on perfectly innocent people.” - -The witness testifies that the fascist butchers first of all avenged -themselves on the military personnel and that they beat wounded soldiers -to death with rifle butts. On the same page, 115, you will find the -following excerpt: - - “The prisoners of war were driven into large buildings, which - were then set on fire. Thus, the Voikov school was burned down, - together with the club for engineering and technical workers - containing 400 soldiers and officers of the Red Army. - - “Not a man succeeded in escaping from the burning building. All - those who attempted to save themselves were mowed down by - machine gun fire. - - “Wounded soldiers were savagely tortured to death in the small - fishing village of Mayak.” - -Another woman witness who lived in this village, A. P. Buryatchenko, -testified: - - “On 28 May 1942 the Germans shot all the peaceful inhabitants - who had remained in the village and had not succeeded in hiding. - The fascist monsters mistreated the wounded Soviet prisoners of - war, beat them with rifle butts, and then shot them. In my home, - the Germans discovered a girl in military uniform, who resisted - the fascists, crying, ‘Shoot, you vipers, I die for the Soviet - people and for Stalin, but you, you monsters, will die a dog’s - death.’ This girl patriot was shot on the spot.” - -There is, in the district of Kerch, the stone quarry of Adjimushkaisk. -Red Army soldiers were exterminated and poisoned by gas. N. N. Dashkova, -a woman from the village of Adjimushkaisk, testified: - - “I myself saw the Germans, who had caught about 900 Red Army - soldiers in the quarry, first ill-treat and then shoot them. The - fascists used gas.” - -I omit several sentences. On the same page, 115, you will find the -following quotation: - - “At the time of the occupation a camp for Soviet prisoners of - war, housing over 1,000 captives, was set up in the Engels Club. - The Germans ill-treated them, fed them only once a day, drove - them off to heavy labor beyond their strength, and shot on the - spot all those who, exhausted, fell by the road.” - -I consider it essential to quote a few more testimonies. N. J. -Shumilova, a woman from the hamlet of Gorki, testified: - - “I myself saw a group of prisoners of war being led past my - courtyard. Three of them were unable to move and were promptly - shot by the German escort.” - -P. I. Gerassimenko, a woman living in the hamlet of Samostroy, -testified: - - “Many Red Army soldiers and officers were driven to our village. - The area which they occupied was surrounded by barbed wire. - Here, naked and barefoot, they perished from cold and hunger. - They were kept in the most frightful and inhumane conditions. By - the side of the living lay the bodies of the dead, and these - bodies were not moved for days on end. Such conditions rendered - life in the camp still more intolerable. The prisoners were - beaten with rifle butts, flogged by the lash, and fed on refuse. - Any inhabitant who attempted to give food and bread to the - prisoners was beaten up, while prisoners attempting to hand over - these gifts were shot.” - -In a Kerch school, Number 24, the Germans set up a camp for prisoners of -war. A. N. Naumova, a school teacher, testified as follows concerning -the regime in the camp: - - “There were many wounded in the camp. These unhappy people, - though bleeding profusely, were left without any help. I - collected medicine and bandages for the wounded, and their - wounds were dressed by a medical orderly from among the - captives. The prisoners suffered from dysentery since they were - fed hog-wash instead of bread. People dropped from exhaustion - and disease; they died in agony. On 20 June 1942 three prisoners - of war were given the lash for attempting to escape from the - camp. The wounded were shot. In June one of the escaped - prisoners was caught and executed.” - -Koshenikove, a teacher in the Stalin School, in the area of the factory -kitchen and Voikov works, witnessed the execution of a group of Red Army -men and officers. In 1943 the German criminals drove Red Army prisoners -all the way from the Caucasus. The entire road from the ferry to the -town, a distance of some 18 to 20 kilometers, was littered with the dead -bodies of Red Army men. There were many sick and wounded among the -prisoners of war. Whoever was unable to walk, either through exhaustion -or sickness, was shot on the way. - -Among other facts there is one which deserves special attention: - -In 1942 the fascists threw 100 Red Army prisoners of war, alive, into -the village well of Adjimushkray; their bodies were subsequently -extracted by the inhabitants and buried in a communal grave in the -sacred brotherhood of death. This information is contained in the same -report, extracts of which I have just quoted to you. - -On 29 January 1946 the witness, Paul Roser, was cross-examined here -before the Tribunal. He testified that in the course of 4 months, out of -10,000 Russians, whom he had seen as prisoners of war in the German camp -at the city of Rawa-Ruska, only 2,000 remained alive. - -We possess evidence from yet another eyewitness of the numerous -atrocities and endless tortures inflicted on the prisoners of war at -Rawa-Ruska. Witness V. S. Kotchan, who was duly interrogated according -to the procedure prescribed by our laws, testified before the captain of -the guard of justice, Ryshov, on 27 September 1944—the minutes of his -interrogation are hereby submitted to you as Exhibit Number USSR-6(c) -(Document Number USSR-6(c)): - - “I worked under the Germans as a digger at the prisoner-of-war - camp for Red Army soldiers, from December 1941 to April 1942.” - -This is on Page 124 of the document book. I omit a few lines irrelevant -to the matter, and I quote further: - - “This camp was set up by the Germans in the barracks near the - railway. The entire area of the camp was surrounded by barbed - wire. According to personal statements by the prisoners of war, - the Germans drove from 12,000 to 15,000 men into this camp. - While we were working, we watched the Germans mock the Red Army - prisoners of war. They fed them once a day on unpeeled, frozen - potatoes baked in their skins and covered with dirt. They kept - the prisoners of war in the cold barracks all through the - winter. - - “I know for a fact that, when the Germans drove the prisoners of - war into this camp, all clothes, overcoats, boots, and shoes - which were at all serviceable were taken from the prisoners, - leaving them barefoot and in rags. The prisoners of war were - taken to work daily under escort from 4 to 5 in the morning and - kept working until 10 o’clock at night. Then, worn out, cold, - and hungry, the prisoners were marched back to their barracks, - where doors and windows had purposely been left open all day so - that the frost might enter these barracks and freeze the - prisoners to death. In the morning, under the supervision of - German soldiers, hundreds of corpses would be taken away in a - tractor by the prisoners of war; they were buried in - previously-prepared pits in the forest of Volkovitch. When the - prisoners were marched off to work in the morning, under escort, - the Germans would place a detachment of soldiers armed with - rifles and stakes by the exit gates of the camp; they pole-axed - them with stakes, stabbed them with bayonets, and chased the - hungry and exhausted prisoners who were unable to move - properly.” - -The same witness describes also some other German atrocities: - - “The German camp administration brought out completely-naked - prisoners of war, bound them with ropes to a wall surrounded by - barbed wire and kept them there, in the cold of the December - winter, until they froze to death. The air of the camp resounded - continually with the groans and cries of people maimed by rifle - butts. Some were pole-axed with rifle butts on the spot. - - “When, starving and exhausted, the prisoners were brought to the - camp, they would hurl themselves on a heap of rotten and frozen - potatoes. This, in turn, would be followed by a shot from the - German escort.” - -I present to the Tribunal, under the same Number USSR-6(c)—Page 120 of -the document book—the deposition of a French prisoner of war, Emilie -Leger, a soldier of the 43rd Colonial Infantry Regiment, Serial Number -29. In his deposition the camp at Rawa-Ruska is called the “famous camp -of lingering death, Stalag 325.” - -It appears to me that this phrase serves, as it were, as a supplement to -the testimonies of witnesses Roser and Kochau. The Soviet Prosecution -has at its disposal a considerable quantity of material disclosing as -well numerous crimes of the Hitlerite invaders perpetrated against -prisoners of war in the territory of the Lvov district. - -It seems to me sufficient to read into the Record extracts from the -evidence submitted by D. Sh. Manussevitch, and I wish to state that this -evidence is confirmed by the testimony of two other witnesses: F. G. Ash -and G. Y. Khamaydes. I am presenting all three documents as Document -Number USSR-6(c). - -Witnesses Manussevitch, Ash, and Khamaydes worked for some time in the -detachment which cremated the dead bodies of men shot by the Germans in -the region of Lvov and particularly in the Lissenitzky camps. Witness -Manussevitch states—I quote, beginning with Line 20 at the bottom of -Page 2 of our Number 6(c), and on Page 129 of your document book: - - “When we (the Brigade of Death) had completed the cremation of - the corpses, we were conveyed at night in cars to the - Lissenitzky forest, opposite the yeast factory at Lvov. There - were about 45 pits in this forest, containing the bodies of - people previously shot in 1941-42. There were between 500 and - 3,500 bodies in the pits. These were not only the bodies of - soldiers of the Italian, French, Belgian, and Russian armies, - that is, of prisoners of war, but of peaceful inhabitants as - well. All the prisoners of war were buried in their clothes. - Therefore, when digging them out of the pits, I could recognize - the dead by their uniforms, insignia, buttons, medals, and - decorations, as well as by their spoons and mess cups. All these - were burned once the corpses had been exhumed. As in the camp at - Yanovsky, grass was sown on the site of the pits, and trees and - dead tree trunks were planted so as to erase any trace of the - crimes, which are certainly unprecedented in the history of - mankind.” - -In addition to the testimony of the victims and of many Soviet citizens -we have at our disposal the testimonies of members of the German Armed -Forces. I submit to the Tribunal as Exhibit Number USSR-62 (Document -Number USSR-62) a document which was signed by more than 60 persons -belonging to different units and branches of the German Army. We find -their signature on written protests addressed to the International Red -Cross in January 1942. We also have a communication of the International -Red Cross acknowledging the receipt of this document. In this letter -they mentioned facts relating to the criminal treatment of Soviet -prisoners of war, of which they had personal knowledge. The persons who -signed this protest were themselves prisoners of war at Soviet Camp -Number 78. Their protest is the result of the comparison made by the -authors of the document between the treatment meted out to Soviet -prisoners, which they had seen for themselves, and the treatment they -received at Camp Number 78. I will quote a few excerpts from this -document—the text with the following words—Page 135 of the document -book: - - “We, the German prisoners of war of Camp Number 78, have read - the note by the Peoples’ Commissar of Foreign Affairs of the - Soviet Government, Mr. Molotov, concerning the treatment of - prisoners of war in Germany. We might consider the cruelties - described in that note as impossible had we not witnessed such - atrocities for ourselves. In order that truth should prevail, we - must confirm that prisoners of war—citizens of the Soviet - Union—were often subjected to terrible ill-treatment by - representatives of the German Army and were even shot by them.” - -Concrete examples of crimes known to the authors are quoted further on -in the text. Hans Drews, of Regenwalde, a soldier of Company 4 of the -6th Tank Regiment, stated: - - “I am acquainted with the order issued by Lieutenant General - Model to the 3rd Tank Division to the effect that prisoners - should not be taken. A similar order was issued by Major General - Nehring, commanding officer of the 18th Tank Division. Two days - prior to the attack on Russia we were told at the briefing - session of 20 June that in the forthcoming campaign wounded Red - Army men should not have their wounds dressed, since the German - Army would have no time to bother with the wounded.” - -The fact of the preliminary issuance of this order also has been -confirmed by a soldier of the 18th Tank Division Headquarters, Harry -Marek, a native of the neighborhood of Breslau: - - “On 21 June, a day before the beginning of the war against - Russia, we received the following order from our offices: - - “‘The commissars of the Red Army are to be shot on the spot, - since there is no need to stand upon any ceremony with them. - Neither is there any necessity to bother ourselves unduly with - the Russian wounded; they must be finished off immediately.’” - -Wilhelm Metzick, a soldier of the 399th Infantry Regiment of the 170th -Division, from Hamburg-Altona, quotes the following case: - - “On 23 June, when we entered Russia, we came to a small hamlet - near Beltsa. There I saw with my own eyes how two German - soldiers shot five Russian prisoners in the back with submachine - guns.” - -Wolfgang Scharte, a soldier in Company 2 of the 3rd Tank Destroyer -Battalion, a native of Gerhardtschagen, near Brunswick, testified -concerning the question of exterminating the Red commissars of the Red -Army: - - “On the day before we opened the campaign against the Soviet - Union, the officers told us: - - “‘If on the way you should happen to meet Russian - commissars—they can always be recognized by the Soviet star on - their sleeve—and Russian women in uniform, they must be shot - immediately. Anyone failing to do so and to comply with this - order will be held responsible and punished.’ - - “On 29 June I myself saw representatives of the German Army - shoot wounded Red Army men lying in a field of grain near the - town of Dubno. After this they were run through with bayonets to - make quite sure that they were dead. German officers stood - nearby and laughed.” - -Joseph Berndsen of Oberhausen, a soldier of the 6th Tank Division, -stated; “Even before entering Russia we were told, at one of the -briefing sessions, ‘Commissars must be shot.’” - -Jacob Korzillias, of Horforst, near Treves, a German officer, a -lieutenant of the 112th Engineer Battalion of the 112th Infantry -Division, certified: - - “In a village near Bolva, 15 wounded Red Army men were thrown - out of the hut where they were lying, stripped, and bayonetted - on the order of Lieutenant Kierick, adjutant of the 112th - Engineer Battalion. This was done with the knowledge of the - division commander, Lieutenant General Mitt.” - -Alois Goetz, from Hagenbach-am-Rhine, a soldier of Company 8 of the -427th Infantry Regiment, stated, “On 27 June, in a forest near -Augustovo, two Red Army commissars were shot on the order of the -battalion commander, Captain Wittmann.” - -On Page 3 of our Exhibit Number USSR-62 we find the following statement -by Paul Sender of Königsberg, a soldier of the 4th Platoon of Company -13, Infantry Field Artillery, attached to the 2d Infantry Regiment—Page -137 of the document book: - - “On 14 July, on the road between Porchov and Staraya-Russa, - Corporal Schneider, of Company 1 of the 2d Infantry Regiment, - shot 12 captured Red Army men in the gutter. When I questioned - him on the matter, Schneider answered, ‘Why should I bother with - them? They are not even worth a bullet.’ I also know of another - case. - - “During the battles around Porchov, a Red Army man was captured. - Shortly after he was shot by a corporal of Company 1. As soon as - the Red Army soldier fell, the corporal took from his knapsack - all the food in it.” - -To conclude the reading of excerpts from the protest of the German -prisoners of war, I should like to quote two more depositions by Fritz -Rummler and Richard Gillig, respectively. We find their depositions at -the bottom of Page 4. Fritz Rummler, a native of Strehlen in Silesia and -a corporal of Company 9, Battalion 3, of the 518th Regiment of the 295th -Infantry Division, reported the following cases—this excerpt is on Page -138 of the document book: - - “In August, in the town of Zlatopol, I saw how two officers of - the SS units and two soldiers shot two captured Red Army - soldiers after first taking their army overcoats from them. - These officers and soldiers belonged to the Panzer tank forces - of General Von Kleist. In September the crew of a German tank on - the road to Krasnograd crushed two captured Red Army soldiers to - death with their tank. This act was inspired purely by lust for - blood and murder. The tank commander was a noncommissioned - officer, Schneider, belonging to Von Kleist’s Panzer forces. I - saw how four captured Red Army soldiers were questioned in our - battalion. This happened at Voroshilovsk. The Red Army soldiers - refused to answer questions of a military nature asked by the - battalion commander, Major Warnecke. He flew into a rage and - with his own hands beat the prisoners unconscious.” - -Corporal Richard Gillig, of the 9th Transportation Platoon, of the 34th -Division, stated: - - “Many a time I witnessed the inhuman and cruel treatment of - Russian prisoners of war. Before my own eyes and on the orders - of their officers, German soldiers removed the boots from the - captured Red Army soldiers and drove them on barefooted. I - witnessed many such facts at Tarutino. I was an eyewitness of - the following incident: One prisoner refused to surrender his - boots voluntarily. Soldiers of the escort beat him till he could - no longer move. I saw other prisoners being stripped, not only - of their boots, but of their uniform clothing, right down to - their underwear.” - -I omit a few sentences and go on to the end of the statement. - - “I saw, during the retreat of our column, near the town of - Medyn, German soldiers beating up captured Red Army soldiers. - One prisoner was very tired and unsteady on his legs. A soldier - of the escort raced up to the captive and started kicking and - beating him with the butt of his rifle. Other soldiers followed - his example and the prisoner dropped dead when we reached the - town.” - -The statement reads on: - - “It is no secret that, in the front line of the German Army - division headquarters, specialists existed whose work it was to - torture Red Army soldiers and Soviet officers in order to force - them, in this manner, to disclose military orders and - information.” - -I submit to the Tribunal the photostat of this statement. You can see -that there are 60 signatures appended to it by members of the German -Armed Forces, with the indication of the regiments and smaller -subdivisions to which they belonged. - -I submit to the Tribunal four photographs of German origin. Each of -these photographs was taken by Germans; time and place when the -photographs were taken are indicated. One photograph shows the -distribution of food; the third and fourth are pictures of the -prisoner-of-war camp at Uman. - -THE PRESIDENT: Where are the pictures? - -COL. POKROVSKY: If I am not mistaken, you have been given the photostat -of the statement, but not the photographs. - -THE PRESIDENT: This is not a copy of the photographs; these are the -signatures of the 60 German prisoners. - -COL. POKROVSKY: The photographs will be submitted immediately. They have -evidently, by an oversight, not been included in the document book. - -THE PRESIDENT: Go on. - -COL. POKROVSKY: It is obvious from the first picture that the food -distributed is insufficient. Men are practically fighting for the right -of getting at it. The second photograph shows hungry Soviet prisoners of -war wandering round an empty barn and eating the oil cakes stored for -cattle food and which they had discovered. As to the third and fourth -photographs, I can submit to the Tribunal important testimony by the -witness, Bingel. Excerpts from his testimony have a direct bearing on -the question of the treatment of Soviet prisoners of war. - -I interrogated Bingel myself and I now submit the minutes of his -interrogation to the Tribunal as Exhibit Number USSR-111 (Document -Number USSR-111), dated 27 December 1945. Bingel, who formerly commanded -a company in the German Army, testified—I quote an excerpt from Page 8 -of the minutes of his interrogation—as follows: - - “A: Tn one of my reports I made a statement concerning the - regime inside the prisoner-of-war camp at Uman. . . . This camp - was guarded by a company of our subsection of the 783rd - Battalion, and I was therefore familiar with everything which - occurred in the camp. It was the task of this battalion to guard - the prisoners of war and to control the highways and railroads. - - “‘This camp was calculated to hold, under normal conditions, - from 6,000 to 7,000 men; at that time, however, it housed 74,000 - men.’ - - “Q: ‘Were there barracks?’ - - “A: ‘No. It was formerly a brickyard and consisted exclusively - of low sheds for drying bricks.’ - - “Q: ‘Were the prisoners of war housed there?’ - - “A: ‘It can scarcely be said that they were housed, since each - shed, at the utmost, could not contain more than 200 to 300 men; - the rest had to sleep in the open.’ - - “Q: ‘What was the regime like at that camp?’ - - “A: ‘The regime in that camp was definitely peculiar. The - existing conditions gave one the impression that the camp - commander, Captain Bekker, was quite unable to handle and feed - so large a number of men. There were two kitchens in the camp, - although they could hardly be called kitchens. Iron barrels had - been placed on stone and concrete floors, and the food for the - prisoners was prepared in these barrels. But the kitchens, even - if operating for 24 hours on end, could only prepare food for - approximately 2,000 people daily. The usual diet for the - prisoner was very insufficient. The daily ration for six men - consisted of one loaf of bread which, again, could scarcely be - described as bread. Disturbances frequently arose during the - distribution of the hot food, for the prisoners—and there were - 70,000 of them in the camp—struggled to get at the victuals. In - cases like these the guards resorted to clubs—a usual procedure - in the camp. I obtained the general impression that in all the - camps the club was inevitably the foundation of all things.’” - -Please forgive the digression, but I have been told, Your Honor, that -two photographs are attached to the Record and that their authenticity -is certified. I am now submitting them to the Tribunal. The other two -will be handed to you very shortly. I continue to quote from the Record: - - “Q: ‘Do you know anything about the death rate at the camp?’ - - “A: ‘Sixty to seventy men died at the camp daily.’ - - “Q: ‘From what causes?’ - - “A: ‘Before the epidemics broke out one mostly spoke of people - being killed.’ - - “Q: ‘Killed during the distribution of food?’ - - “A: ‘Both during the distribution of food and during working - hours; generally speaking, people were being killed all day - long.’” - -Bingel was interrogated by us for the second time, and he was shown the -photographs of the camp at Uman. These are the same photographs that you -now have in your hands, Your Honors. He was then asked the following -question, “The camp shown here, is it the one you spoke about, or some -other camp?” After this he was shown photographs from a negative, 13×18, -of 14 August 1941 and from a negative, 13×22, of the same date. Bingel -replied: - - “Yes, this is the camp of which I spoke. As a matter of fact, - this is not the camp proper but a clay pit belonging to the - camp; here the prisoners were housed as soon as they arrived - from the front. Later on they were assigned to various sections - of the camp.” - - “Q: ‘What can you tell us about the second photograph?’ - - “A: ‘The second one shows the camp photographed from another - angle, that is, from the right side. The buildings shown here - were practically the only brick buildings in the camp. These - brick buildings, though quite empty and undamaged, with - excellent and spacious quarters, were not used for housing the - prisoners of war.’” - -It is difficult to say whether or not that what the Hitlerites did to -the Soviet prisoners of war at the so-called “Grosslazarett” of the town -of Slavuta, in the Kamenetzk-Podolsky region, should be considered as -the limit of human vileness. Be that as it may, the extermination of -Soviet prisoners of war by the Hitlerites at the “Grosslazarett” is one -of the darkest pages in the annals of fascist crime. - -I submit to the Tribunal, as Exhibit Number USSR-5 (Document Number -USSR-5), the report of the Extraordinary State Commission, and I shall -read into the Record several excerpts from the report itself, as well as -from the appendices thereto. - - “On the expulsion of the fascist hordes from the town of - Slavuta, units of the Red Army discovered, on the site of the - restricted military area, the establishment which the Germans - called the ‘Grosslazarett’ for Soviet prisoners of war. Over 500 - emaciated, critically sick men were found in the ‘Lazarett.’ The - interrogation of these men and the special investigation carried - out by medico-forensic experts and by experts of the Central - Institute for Food, of the People’s Commissariat for Health in - the U.S.S.R., led to a detailed reconstruction of the - extermination of an immense number of Soviet prisoners of war in - that appalling institution.” - -You will find the passage I am about to quote on Page 153 of the -document book: - - “In the fall of 1941, German fascist invaders occupied the town - of Slavuta, where they organized a ‘Lazarett’ for wounded and - sick officers and men of the Red Army, under the name of - Grosslazarett, Slavuta, Teillager 301. - - “The ‘Lazarett’ was located about 1½ to 2 kilometers to the - southeast of Slavuta and occupied 10 three-storied stone - buildings. The Hitlerites surrounded all these buildings by a - strong barbed wire fence. All along the barbed wire, 10 meters - apart, towers were built, in which guns, searchlights, and - guards were placed. - - “The administrative staff, the German doctors and the guard of - the ‘Grosslazarett,’ the latter represented by the commanding - officer, Captain Plank (later replaced by Major Pavlisk), the - deputy commander, Kronsdorfer, Captain Boye, Dr. Borbe, with his - deputy, Dr. Sturm, Master Sergeant Ilseman, and Technical - Sergeant Bekker carried out a mass extermination of Soviet - prisoners of war by imposing a special regime of hunger, - overcrowding, and unsanitary conditions, by torture and direct - murder, by depriving the sick and wounded of all medical - assistance, and by subjecting utterly exhausted men to heavy - labor.” - -The Extraordinary State Commission refers to the “Grosslazarett” as the -“Hospital of Death.” I shall quote a short excerpt from a section under -the selfsame name. It is on Page 3 of the Russian original and on Page -153 of the document book: - - “The German authorities concentrated at the ‘Grosslazarett’ - 15,000 to 18,000 severely and slightly wounded Soviet prisoners - of war, together with prisoners suffering from various - contagious and noncontagious diseases. - - “To replace the ranks of the dead, fresh batches of sick and - wounded prisoners of war were continually brought in. On the - journey the captives were tortured, starved, and murdered. The - Hitlerites threw out hundreds of corpses from each car of the - incoming transports as they reached the ‘Lazarett.’” - -According to data received from the investigating commission, 800 to 900 -dead bodies would be thrown out of each train as it unloaded at a branch -line. A further report of the Commission states: - - “Thousands of Soviet prisoners on the march perished from - hunger, thirst, lack of care, and the savage club-law of the - German guards . . . as a routine practice the Hitlerites would - greet a group of prisoners at the ‘Lazarett’ gates with blows - from rifle butts and rubber truncheons, after which the new - arrivals would be stripped of their leather footwear, warm - clothing, and personal belongings.” - -In the next section, on the same page, the State Commission reports that -infectious diseases were deliberately spread among the prisoners of war -by German medical officers in the “Lazarett”: - - “In the ‘Grosslazarett’ the German medical officers artificially - created an incredible state of overcrowding. The prisoners were - forced to stand close to each other; they succumbed to - exhaustion, dropped down, and died.” - -The fascists resorted to various methods for reducing the living room in -the “Lazarett”. A former prisoner of war, I.Y. Chuazhev, reported that: - - “The Germans reduced the floor space in the ‘Lazarett’ by firing - off submachine guns, since the prisoners, perforce, pressed more - closely to each other; then the Hitlerites pushed in more sick - and wounded and the door was closed.” - -The premeditated spreading of infectious diseases in this death camp, -derisively named a “Lazarett,” was achieved by extremely primitive -means: - - “Patients suffering from spotted fever, tuberculosis, or - dysentery, severely and lightly wounded cases, were one and all - put in the same block and the same ward.” - -In a ward intended, under normal conditions, to hold not more than 400 -patients, the number of spotted fever and tuberculosis cases alone -amounted to 1800. - - “The rooms were never cleaned. The sick remained, for months on - end, in the same underclothes in which they were captured. They - slept on the bare boards. Many were half-undressed, others - entirely naked. The buildings were unheated, and the primitive - stoves, constructed by the prisoners themselves, fell to pieces. - There was no water for washing in this ‘Lazarett,’ not even for - drinking. As a result of these unsanitary conditions, the - ‘hospital’ was, to a monstrous extent, overrun by lice.” - -Annihilation by the premeditated spreading of diseases went hand in hand -with starvation. The daily food ration consisted of 250 grams of ersatz -bread and two liters of so-called “Balanda soup.” The flour used for -baking the bread for sick and wounded prisoners of war was brought from -Germany. Fifteen tons of flour were discovered in one of the “Lazarett” -storerooms. The factory-packed paper bags, containing 40 kilos each, -bore a label with the word “Spelzmehl.” Samples of this ersatz flour -were sent for analysis to the Central Food Institute of the People’s -Commissariat for Public Health of the U.S.S.R. - -I present the document dealing with the annihilation of Soviet prisoners -of war by the Hitlerites in the “Grosslazarett” as Exhibit Number -USSR-5(a), (Document Number USSR-5(a)). On Pages 9, 10, and 11 of this -document the Tribunal can see the photostat of the Central Food -Institute’s report. - -This report was established on the one hand on the basis of an analysis -made by the field military laboratory and, on the other hand, on the -basis of an analysis carried out in the Central Food Institute itself. -Sample bakings of bread were made from the ersatz flour and from the -ersatz flour mixed with a small addition of real flour. It seems that it -was impossible to bake a loaf with ersatz flour alone. The Institute’s -report states: - - “It is evident that the bread was made with the addition of a - certain quantity of natural flour for binding the dough. A diet - of this so-called ‘bread,’ in the absence of all other food and - food products of a full dietetic value, inevitably led to - starvation and acute exhaustion.” - -The analysis proved that the “flour” consisted of nothing but straw -chopped evenly though rather roughly. Some particles were 2 and some 3 -millimeters in length. Under the microscope, in every optical field of -vision—according to the report—we discovered, “Together with food and -vegetable fiber, minute quantities of grains of starch, resembling -grains of oats in structure.” The Institute came to the conclusion that -“The use of this bread, owing to the irritant action of the soft crumb, -resulted in diseases of the digestive tract.” - -Anticipating a little, I should like to report the results of the -medico-legal autopsies performed on 112 corpses exhumed from Site Number -1 and of the external examination of approximately 500 bodies. In the -first instance exhaustion was proved to have caused the death of 96 -victims. In the second case, as stated in the findings—see Page -7—mentioned in Exhibit Number USSR-5(a), (Document Number USSR-5(a)): - - “The statement that exhaustion was the fundamental cause of - mortality in the prisoners’ camp was likewise proved by the - results of the external examinations of some 500 corpses, when - it was disclosed that the proportion of victims dead of acute - exhaustion had approached 100 percent.” - -A little further on, in the same report, in Subparagraph “d” of -Paragraph 5, the experts, supported by numerous witnesses, state that -the diet in the Slavuta “Grosslazarett” can be characterized as -completely useless for human consumption. I quote, “Bread contained 64 -percent sawdust; ‘Balanda soup’ was made of rotten potatoes with the -addition of refuse, rat-droppings, _et cetera_.” - -Such prisoners of war who had survived the tyranny of the Hitler hangmen -and had lived to see the liberation of Slavuta declared—I quote an -excerpt from Page 4 of Exhibit Number USSR-5, Page 153 of the document -book: - - “In the ‘Grosslazarett’ we periodically observed outbreaks of a - mysterious disease of an unknown nature, referred to as - ‘para-cholera’ by the German doctors. The appearance of - ‘para-cholera’ was the result of barbarous experiments by the - German doctors. These outbreaks would vanish as suddenly as they - appeared. The mortality rate in ‘para-cholera’ rose to 60-80 - percent. German physicians performed autopsies on the bodies of - some of the victims, and no captured Russian medical officers - were admitted to these autopsies.” - -In conclusion, it is stated in Subparagraph 8 of the medico-legal expert -report—Page 7 of Exhibit Number USSR-5(a), Page 159 of the document -book—that: - - “No objective circumstances can justify the conditions under - which the prisoners of war were housed in the camp. All the - more, since it has been revealed by thoroughgoing investigations - that there were enormous food supplies in the German military - depots at Slavuta and that both medical supplies and surgical - bandages abounded in the military dispensaries.” - -The “Grosslazarett” staff included a considerable number of medical -personnel. Nevertheless, according to the statement of the government -commission, sick and wounded officers and men of the Red Army did not -receive even the most elementary medical attention. And how could there -be any talk of medical attention when the entire object of the -“Grosslazarett” was directly opposed to such assistance? The -administration of the “Grosslazarett” not only strove to destroy the -prisoners of war physically, but they also endeavored to fill the last -days of the sick and wounded with suffering and anguish. - -One part of the commission’s statement is entitled “Torture and shooting -of Soviet prisoners of war.” I shall read into the Record a passage -taken from this part. It is on Page 4, Exhibit Number USSR-5, Page 153 -of the document book: - - “Soviet prisoners of war in the ‘Grosslazarett’ were subjected - to torture and torment, beaten up when food was distributed and - again when setting out to work. Even the dying were not spared - by the fascist murderers. The medico-legal examination of the - exhumed corpses revealed, among a number of other bodies of - prisoners of war, the body of a prisoner who, in his death - agony, had been wounded in the groin with a knife. He had been - thrown into his grave while still alive, with the knife sticking - in the wound, and was then covered over with earth. - - “One method of mass torture in the ‘Lazarett’ consisted in - locking the sick and wounded in a detention cell—a room without - heat and with a concrete floor. The prisoners in this cell were - left without food for days on end, and many died there. In order - to exhaust the ill and weak prisoners still further, the - Hitlerites forced the sick and enfeebled patients to run round - the ‘Lazarett’ building; those who could not run were flogged - almost to death. There were many cases where the German guards - murdered the prisoners just for fun. - - “A former prisoner of war, Buchtichyuk, reported how the Germans - threw the intestines of dead horses on the barbed wire - surrounding the interior of the camp. When the prisoners, - maddened with hunger, ran up to the barbed wire, the guards - opened fire on them with submachine guns. The witness, Kirsanov, - saw one prisoner of war bayonetted for picking up a potato - tuber. A former prisoner of war, Shatalov, was an eyewitness to - the shooting of a prisoner by his escort merely for trying to - obtain a second helping of ‘Balanda soup.’ - - “In February 1942 Shatalov saw a sentry wound a prisoner who was - searching the garbage heap for remnants of food left over from - the kitchen of the German personnel; the wounded man was - immediately brought to the pit, stripped, and executed.” - -THE PRESIDENT: We will adjourn now. - - [_The Tribunal adjourned until 14 February 1946 at 1000 hours._] - - - - - FIFTY-NINTH DAY - Thursday, 14 February 1946 - - - _Morning Session_ - -THE PRESIDENT: I have an announcement to make which concerns the -defendants’ counsel. The Tribunal will sit in open session on Saturday -morning from 10 o’clock to hear the application of the defendants’ -counsel for an adjournment. - -They will hear one counsel on either side, that is to say, one counsel -for the Prosecution and one counsel for the Defense, for 15 minutes -each, and after that open session the Tribunal will adjourn into closed -session upon procedural matters. - -COL. POKROVSKY: Yesterday, in the course of my representation, I -referred to four photographs in our possession, two of which were -submitted to the Tribunal there and then. These photographs have been -made by the Germans and they show the prisoner-of-war camp at Uman. I -must apologize that yesterday, for technical reasons, we were unable to -produce the remaining two at the proper time. The first of these -photographs shows the distribution of food to the prisoners; the second, -hungry Soviet prisoners searching for and eating oil cakes intended as -cattle food. I now submit the originals of these two photographs -(Document Numbers USSR-358 and 359) as Exhibit Numbers USSR-358 and -USSR-359. - -An autopsy of the exhumed bodies, performed during the investigation of -fascist crimes in the so-called “Lager,” Slavuta, confirms that: - - “The headquarters command and the camp guards repeatedly - resorted to refined forms of torture. Among the bodies exhumed - on which autopsies were performed, the medico-legal examination - established that the corpses of four prisoners of war, murdered - with cold steel, had received bayonet wounds penetrating the - cavity of the skull.” - -You will find this passage, Your Honors, on Page 153 of the document -book. - - “The Hitlerites compelled sick and wounded prisoners, despite - their extreme weakness and acute state of exhaustion, to carry - out work which was entirely beyond their strength. The prisoners - had to carry heavy burdens, were forced to shoulder the bodies - of murdered Soviet citizens and carry them out of the camp. - Exhausted prisoners who fell by the way were shot on the spot. - The road to and from work, according to a report of the Roman - Catholic priest at Slavuta, was marked, as by milestones, with - small grave mounds.” - -The fascist fanatics did not always have the patience to wait for the -actual death of one or another prisoner of war, and they buried persons -who were still alive. I quote from a document which I have previously -submitted to the Tribunal. You will find this quotation once again on -Page 153 of your document book: - - “As a result of the discovery of a considerable quantity of - grains of sand in the lower respiratory tracts of the corpses of - four prisoners, grains which penetrated right down to the very - smallest bronchial tube, and which could not have penetrated - thus far unless propelled by the respiratory movements of - persons smothered by sand, the medico-legal experts found that - at the ‘Gross-Lazarett’ the guards of the commander had buried - the Soviet citizens alive. This was done with the connivance of - the German doctors.” - -Prisoner-of-war Pankin, a former inmate of the “Gross-Lazarett,” knew of -one case where, in February 1943, an unconscious patient was brought to -the morgue. There he recovered consciousness, but when it was reported -to the officer in charge of barracks that a live man had been taken to -the morgue, he ordered him to be left there. The sick man was buried. - -Some prisoners, spurred by the intolerable regime, ignored the immense -risks attached to the venture and attempted to escape, either singly or -in groups. Such martyrs who succeeded in getting out of the “hospital” -hell sought refuge with the local population of Slavuta and the -surrounding hamlets. The Hitlerite brutes mercilessly shot anybody who -had rendered any kind of assistance to a fugitive. - -The town of Slavuta lies in the Shepetov district. On 15 January 1942, -the District Commissioner of Shepetov, Dr. Worbs, issued a special order -to the effect that if those directly responsible for helping escaped -prisoners were not found, 10 hostages would be shot in every case. -Father Dhynkovsky reported that 26 peace-loving citizens were arrested -and shot for helping prisoners of war flee. - -A medical examination of the 525 prisoners liberated from the -“Gross-Lazarett” revealed that 435 suffered from extreme exhaustion, 59 -from complications following untended, infected wounds, and that 31 -suffered from neuro-psychiatric disturbances. - -The commission notes, and I quote—with the permission of the -Tribunal—the last and the penultimate paragraphs of the left column, on -Page 5 of our document. In your file this quotation is on Page 154 of -the document book: - - “During the 2 years of Slavuta’s occupation, the Hitlerites, - with the connivance of the German doctors Borbe, Sturm, and - other medical personnel in the ‘Gross-Lazarett,’ exterminated - about 150,000 Red Army officers and men.” - -The German fascist executioners, perfectly aware of the unbounded -bestiality of their crimes, attempted to conceal by all possible means -the traces of the atrocities committed. They especially endeavored to -camouflage the burial sites of the Soviet prisoners of war. Thus, for -instance, on the cross of Grave Number 623, only eight surnames of -persons buried were indicated, whereas upon excavation 32 bodies were -actually found in that grave. Such, too, was the case when Grave Number -624 was opened up. In other graves, layers of earth were placed between -several rows of corpses. For instance, 10 bodies were found in Grave -Number 625. When a layer of earth, 30 centimeters thick, had been -removed, two further rows of corpses were found in the same grave; the -same occurred at the excavation of Graves Number 627 and 628. - -Numerous graves were camouflaged by flower-beds, trees, plants, paths, -_et cetera_, but no disguise can ever hide the bloody crimes committed -by the Hitlerite evildoers. - -If I am not mistaken, there was a case when one of the participants in -these trials, evidently forgetting where he was and under what -circumstances, expressed a wish to follow the procedure laid down by -German law. The Tribunal immediately made the necessary inquiries, and -the intention of operating in accordance with the standards of German -law was, of course, promptly rejected. At present I am fully able to -submit to the Tribunal documents which, in my opinion, are of importance -in our case, although they are compiled in complete accordance with the -rules laid down by German law. - -Among the numerous documents found in the police archives of the town of -Zhitomir, Red Army troops seized a certain piece of correspondence. This -is a police inquiry. The authors of this document could not foretell -that it would be read into the record at a session of the International -Tribunal for the punishment of the major war criminals. The documents -constituting this correspondence were intended exclusively for the -chiefs of police, and they were compiled in accordance with all the -customary requirements of German law and of the police investigations of -fascist Germany. From this point of view, those who would like to -examine the documentation in question can be well satisfied. - -At the same time this correspondence is useful to us. So much has been -said in the comparatively small number of pages that I should have to -analyze the documentation section by section in order that you could -appreciate it fully and from every angle. I submit this correspondence -to you both in the German photostats and in the Russian translation. I -repeat—this is a police inquiry. The document is submitted to the -Tribunal as Exhibit Number USSR-311 (Document Number USSR-311); and we -have, in accordance with the wishes of the Tribunal, asked for the -original copy which we may possibly receive from Moscow this very day. - -On 24 December 1942, 78 prisoners of war from the Berditchev section of -the Educational Labor Camp were to be subjected to “special treatment.” -All the 78 prisoners were Soviet citizens. There is, in the -correspondence, a report addressed to the authorities by SS -Obersturmführer Kuntze, of 27 December 1942. You will find it on Page -170 of your document book. At the end of the first paragraph there is -one sentence which, for greater clarity, has been marked with a red -pencil. It says: - - “There is no proof that these prisoners of war had ever - participated in any communistic activities during the time of - the Soviet regime.” - -Kuntze’s next sentence fully elucidates the question of how and why -these prisoners of war entered the Educational Labor Camp. He states: - - “It seems that the Wehrmacht had, at the time, placed these - prisoners of war at the disposal of our local authorities for - special treatment. . . .” - -We became convinced that they had been directed to this camp by the -military authorities. The specialist—in this case undoubtedly -Obersturmführer Kuntze—states that they were sent here especially to be -subjected to the treatment of the “special regime.” - -In an attempt to shorten, if ever so slightly, this very abundant -documentation which forms the correspondence, I shall tell you, in my -own words, that the 78 people in question were all that remained of a -far larger group. Sturmscharführer SS Fritz Knop reports—Page 163 of -your document book: - - “. . . some of the prisoners at that time were transported in a - truck, to some place in the neighborhood and unloaded. Later on - further unloadings of prisoners of war were suspended, following - objections raised by the Army.” - -A little later I shall be more explicit when dealing with the nature of -these transfers and the objections raised by the Army. Please permit me -now to pass over to a brief summary of the gist of the matter. It -appears to me more useful to describe it in the words of one of the -documents. I quote: - - “Commander of the Security Police and SD in Zhitomir; - Berditchev, 24 December 1942. - - “When summoned to appear, SS Sturmscharführer and Chief - Secretary of the Kripo, Fritz Knop, complied. He was born on 18 - February 1897, at Neuklinz, in the district of Köslin. Fritz - Knop testified as follows: - - “‘As from the middle of August 1 was head of the Berditchev - field office of the commander of the Security Police and SD in - the town of Zhitomir. On 23 December 1942 the Deputy Commander, - Hauptsturmführer of the SS Kallbach, inspected the local office - and also the Educational Labor Camp which was supervised by my - office. In this Educational Labor Camp, as from the end of - October or the beginning of November, there were 78 former - prisoners of war who had been dismissed from the permanent camp - (Stalag) in Zhitomir as being unfit for work. A considerable - number of prisoners of war had, in the past, been handed over - and placed at the disposal of the Commander of the Security - Police and SD.” - -I think there is no necessity to explain in detail that the transfer of -the prisoners of war and the placing of them at the disposal of the -Security Police had been provided for by special directives of the SS -and the SD, especially referring to persons condemned to physical -extermination. I quote further, on the same page of your document book, -163: - - “In Zhitomir a few of them, who up to a certain point were fit - for work, had been set aside. The remaining 78 persons were - transferred to the local Educational Labor Camp.” - -I omit two more extracts. - - “The 78 prisoners of war in the local camp were, one and all, - severely wounded men. Some had lost both legs; others both arms; - others again had lost one or the other of their limbs. Only a - few of them had all their arms and legs, although they were so - mutilated by other kinds of wounds that they were totally unfit - for work. The latter had to nurse the former. - - “At the time he was inspecting the Educational Labor Camp on 23 - December 1942, SS Hauptsturmführer Kallbach issued an order to - the effect that the surviving 68 or 70 prisoners of war, the - others having died in the meantime, should this very day be - subjected to ‘special treatment.’ For this purpose he assigned a - motor truck, driven by SS man Schäfer from the command division, - who arrived here today at 1130 hours. I entrusted the - preparations for the execution early this morning to my - colleagues in the local administration, SS Unterscharführer - Paal, SS Rottenführer Hesselbach, and SS Sturmmann Vollprecht.” - -I shall, with your permission, omit a further part of the quotation -which, in any case, already figures in your files. I think I may safely -do so in order to save time. It is a description of the technical -preparations for the execution. One passage, however, does appear to me -to be of interest; and I quote: - - “Usually the execution of the Jews was carried out in the - precincts of the labor camp which could not be seen from the - outside. For this particular execution I issued orders to choose - a site outside on a terrain behind the permanent camp. - Concerning the three above-mentioned persons whom I entrusted - with the shooting of the prisoners of war, I knew that they had, - in Kiev, participated in the mass executions of many thousands - of persons and that they had before, that is during my time of - service, been entrusted by the local administration with the - shooting of many hundreds of victims.” - -I should like to invite your attention to another instance which again -shows the meaning which the Hitlerites usually attached to the words -“execution” and “treatment by special regime.” Here, in one sentence -alone, the words “mass execution” and “shooting” are definitely used as -synonymous terms, while a little higher up it is made quite clear to us -what “transporting by trucks to some place in the neighborhood” and -“treatment by special regime” mean. Unquestionably, these four terms -have an identical significance. - -After this digression I continue my quotation. Having made a few more -omissions from the passage already printed in your document book, I -proceed to the following paragraph, your Page 165, if only to maintain -the sense of the statement: - - “They were armed with a German submachine gun, a Russian - automatic rifle, an 0.8 pistol, and a carbine. I would point out - that I had intended to give these three persons, as an - assistant, SS Hauptscharführer Wenzel, but SS Sturmmann - Vollprecht declined, remarking that three men were perfectly - able to execute this order. - - “Concerning the indictment: It never entered my head, to ensure - the smooth procedure of an ordinary execution, to send a larger - detachment, since the execution ground was hidden from public - view and the captives were. . . .” - -THE PRESIDENT These words “Concerning the indictment,” are they in the -original document? - -COL. POKROVSKY: It is the text of the explanation of the evidence which -the signatory of the document handed to his police chief. I, with the -permission of the Tribunal, shall quote the original German documents of -the inquiry. The persons responsible for carrying out the execution were -accused of provoking, by their indiscretion and carelessness, that which -they called an “incident” and they produced an explanation of the cause -of this indictment. - - “Concerning the charge: It never entered my head, to ensure the - smooth procedure of an ordinary execution, to send a larger - detachment, since the execution ground was hidden from public - view and the captives were unable to escape by reason of their - physical infirmities. - - “At about 1500 hours I received a telephone call from the camp - to the effect that one of the co-workers in my department, in - charge of this special task, had been wounded and that one man - had run away. I promptly sent SS Hauptscharführer Wenzel and SS - Oberscharführer Fritsch to the execution ground in a horse cart. - Some time later I received another telephone call from the camp, - informing me that the co-workers of my department had been - killed.” - -I think it useless to read into the record details of a purely technical -nature. I shall omit at this point a considerable part of those -references which I had previously intended to quote, and I shall proceed -to that part of Knop’s evidence which he had handed to his police chief. -You will find the passage in question on Page 166: - - “I wish to point out that the incident I have described took - place during the second execution. It had been preceded by the - shooting of approximately twenty prisoners of war which had - passed without any incident at all. As soon as I returned, I - informed the command headquarters at Zhitomir accordingly. - - “I cannot give any further evidence. I declare that my evidence - is absolutely true and I am aware that any false evidence on my - part would result in punishment and in exclusion from the SS. - - “Signed: Fritz Knop, SS Sturmscharführer; certified: Kuntze, SS - Obersturmführer.” - -Next to be interrogated was the executioner. We have at our disposal a -document on this subject. You will find the extract in question on Page -166 of your document book. I quote the minutes of the inquiry: - - “SS Rottenführer of the Waffen-SS, Hesselbach, Friederich, born - 24 January 1909 in Freudingen, district of Wittgenstein - (Westphalia), was then summoned and testified as follows: - - “‘I have been informed concerning the subject of the forthcoming - interrogation. It has been pointed out to me that any false - statements on my part will result in punishment and expulsion - from the SS.’” - -After this routine part of the investigation—where he was warned of the -penalties awaiting him—Hesselbach gave the following testimony on the -matter: - - “Yesterday evening I was told by SS Unterscharführer Paal that I - would have to take part in the execution of prisoners of war. - Later on I received a corresponding order from Hauptscharführer - Wenzel, in the presence of SS Sturmscharführer Knop. This - morning, at 0800 hours, SS Hauptscharführer Berger, SS - Unterscharführer Paal, SS Sturmmann Vollprecht, and myself, - drove in a truck lent us by the tannery and driven by a - Ukrainian driver, to a place situated approximately one and a - half kilometers behind the camp, in order to dig a pit, with - eight inmates of our prison.” - -Later he describes the digging of the pit. I think that we can skip that -part. Then they returned. - - “At the entrance to the camp, Vollprecht, acting on Paal’s - instructions, left the car. By these instructions Paal intended - not to betray our intentions to the prisoners by the presence of - a large number of SS men. Therefore, only I, Paal, and a few - militia men loaded the prisoners onto the truck. On Paal’s - order, the whole first group consisted almost exclusively of the - prisoners who had lost their legs.” - -I omit a few extracts which are of no interest to the Tribunal and I -quote from Page 6 of the Russian translation, the underlined passages, -printed on Page 168 of your document book: - - “After having executed the first three prisoners I suddenly - heard shouting beyond the pit. Since the fourth prisoner was - already next in line, I shot him on the spot, and looking up, I - noticed a terrific disturbance near the truck. A moment before - already I had heard some shots being fired and I now saw the - prisoners running away in all directions. I cannot give any - precise particulars as to what actually happened near the truck, - since I was about 40 to 50 meters away from the place and - everything was very confusing. I can only say that I saw two of - my comrades lying on the ground, and two prisoners shooting at - me and the driver with the firearms they had seized. When I - realized what was happening, I fired the four remaining - cartridges in my magazine at the prisoners shooting at us, put - in a new clip, and suddenly noticed that a bullet had struck the - ground near me. I had the feeling that I had been hit, but - realized later that I was wrong. I now ascribe this sensation to - nervous shock. Anyway, I was shooting at the fugitives with the - cartridges from my second clip, though I cannot tell whether I - hit any of them.” - -I would inform you that the last part of Hesselbach’s testimony deals -with the subject of organizing the search for the scattered cripples, a -search which yielded no results. - -Finally, I would like to quote a few excerpts from the last document in -the correspondence. This is a report of SS Obersturmführer Kuntze. It -concludes with the statement that the funeral of the SS men killed took -place at 1400 hours at the Police and SS Heroes’ Cemetery in Hegewalde. -It seems to me that this detail is of a certain interest. I shall now -quote the opening part of the above-mentioned report. I shall omit the -first report already appearing in your document book, in order to -shorten the time taken by my work. He reports that 78 people were -supposed to have been killed after the inspection of the camp by -Kallbach. Because of their inability to work, these prisoners of war -were a burden to the camp. - - “For this reason, SS Hauptsturmführer Kallbach ordered the - execution of the former prisoners of war, and that on 24 - December. Neither in the local nor in the regional offices could - anybody discover why the former commandant had taken charge of - these crippled prisoners and sent them to the Educational Labor - Camp. In this case there did not exist any data whatsoever - concerning communistic activities of the prisoners in question - during the entire period of the Soviet regime. Evidently the - military authorities have, in their own time, placed these - prisoners at the disposal of the local branch in order to submit - them to the ‘special regime,’ since owing to their physical - condition, they could not be made to work. - - “So SS Hauptsturmführer Kallbach ordered the execution for 24 - December. On 24 December at about 1700 hours, the head of the - Berditchev regional office, SS Sturmscharführer Knop, telephoned - that during the execution of the ‘special regime’ operation, the - two officials of the branch, SS Unterscharführer Paal and SS - Sturmmann Vollprecht, were assaulted by the prisoners and killed - with their own firearms.” - -I shall now omit a considerable part of SS Obersturmführer Kuntze’s idle -talk and shall quote only three more paragraphs. You will find them on -Pages 172 and 173: - - “Thus, of the 28 prisoners, 4 were shot in the pit and 2 while - trying to escape; the remaining 22 managed to get away. - - “The efforts to recapture the fugitives, promptly undertaken by - SS Rottenführer Hesselbach with the help of the guards from the - neighboring camp, were expedient though unsuccessful. The head - of the Berditchev Department ordered an immediate search for the - fugitives and instructed all the police and military agencies to - this effect. However, the names of the fugitives are unknown and - this fact alone would render the search more difficult. The - records merely contained the names of all the prisoners - subjected to the ’special regime’ and it was therefore necessary - to declare as escapees even those who had already been shot. - - “On 25 December, on the same spot, a ‘special regime’ execution - of the 20 surviving prisoners of war was carried out under my - direction. As I feared that the fugitives might already have - established contact with some partisan unit, I again had the - camp send a detachment of 20 men, armed with light submachine - guns and carbines, in order to guard the surrounding territory. - The execution went off without any trouble.” - -It is enough to imagine these 20 unfortunate men, without arms, without -legs, being escorted to their death by a strong contingent of SS men and -soldiers, soldiers armed with submachine guns. I continue: - - “As a measure of reprisal I ordered the military police to check - up on all released prisoners of war in the adjoining regions to - ascertain their political activities during the entire period of - Soviet rule, so as to arrest and submit to the ‘special regime’ - 20 activists and members of the Communist Party.” - -To conclude the presentation of the evidence pertaining to this -monstrous crime of the Hitlerites, I should like to invite the -Tribunal’s attention to certain facts. - -I would, first of all, like to refer to the “objections raised by the -Army,” reported by the member of the SS, Knop. Knop said—you will find -the passage quoted on Page 163: - - “In the future all evacuations of prisoners of war will be - suspended due to objections raised by the Army. I do not wish my - words to be misunderstood. The Army did not so much object to - such evacuations, rather it expressed the wish that the - prisoners of war, once they had been released and sent - elsewhere, should be given some kind of shelter.” - -It is not difficult to guess what “shelter” he was referring to. It was -the “shelter” provided when, in the words of Knop, they were -“transported in a truck to a place in the neighborhood.” - -The second fact which, to me, appears of importance, is the scale of the -outrages committed. Referring to the executioners, Paal, Hesselbach, and -Vollprecht, Knop writes: - - “With reference to the three above-mentioned persons whom I - entrusted with the shooting of prisoners of war, I knew that - they had, in Kiev, participated in the mass executions of many - thousands of persons and that they had already before, that is, - during my period of service, been entrusted by the local - administration with the shooting of many hundreds of victims.” - -In reference to Hesselbach, I should like to note two not very important -but extremely characteristic traits. The first is his terminology. Here -are his words: - - “After having executed the first three prisoners I suddenly - heard shouting beyond the pit; since the fourth prisoner was - already next in line, I shot him on the spot.” - -Any bandit, any habitual murderer would, naturally, use such language in -speaking of the destruction of a human being. For the fascist -executioners the murder of a soldier who had honestly fought for his -country and become an invalid, the brief expression “shot on the spot” -is good enough; when occupied in killing, the executioners do not even -consider it necessary to find out whom they really are murdering. Thanks -to this, shame and confusion cover the police. They order a search both -for those who had escaped and for those who were shot. - -Secondly, the very sound of a bullet passing nearby gives him a -sensation of being wounded, and people of this type are then called -“heroes” by their superiors. - -It would be an omission on my part not to emphasize the exceptional -brutality displayed by Kuntze—this typical representative of the SS. -Twenty persons captured at random, captured anyhow, without any fault on -their part, must be murdered. What for? Only because 22 armless and -legless invalids had succeeded in escaping from death. - -The Tribunal, of course, is quite aware of the fact that by all the laws -of God and man these 22 invalids should not have perished by the hand of -the executioner, but should have been placed under the protection of the -German Government as prisoners of war. - -The confession of Kuntze, concerning the motives for which the military -authorities directed invalids to the camp for treatment by “special -regime,” is of particular value. He frankly states that the cause of it -was their physical condition which had rendered them unfit for any kind -of work. In this connection I submit a series of documents to the -Tribunal. They show that only from the angle of possibility of obtaining -slaves were the representatives of the German Command and the German -authorities occasionally interested in the prisoners of war. You have in -your possession a circular of the Supreme Command of the Armed Forces to -the effect that Soviet prisoners of war should be branded and that this -branding would not be considered as a medical measure. I am submitting -to you another equally shameful document. It bears the following -identifying marks: Az. 2,24.82h, Commander of Camps for Prisoners of -War, Number 3142/42; Berlin-Schöneberg; 20.7.1942; 51, Badensche -Strasse. This document is Exhibit Number USSR-343 (Document Number -USSR-343). I shall not read it into the record. It resembles identically -those which I have already read into the record. But it is -characteristic of the extent to which the Hitlerite conspirators had -abandoned the thesis that “a state can do everything which is necessary -to hold prisoners of war in their own safekeeping, but it cannot do -anything more.” - -A regime based on hard labor, on an unending stream of insult and -torture, drove Soviet people to manifestations of stark despair, such as -attacks on camp guards who were armed to the teeth. We know of such -truly heroic deeds. Testimonies of eyewitnesses are in our hands. I am -submitting to you, as Exhibit Number USSR-314 (Document Number -USSR-314), the personally written testimony of the witness, Lampe—you -interrogated him a few days ago in this court—together with the -testimony of the witness, Ribol—our Exhibit Number USSR-315 (Document -Number USSR-315). I shall read out such passages of the testimony as -appear on Page 348 of your document book. These witnesses reported that -in the beginning of February 1945, in the extermination camp of -Mauthausen, 800 Red Army prisoners of war who were interned there, had -broken out of the fascist hell after first disarming the guards and -piercing the electrified barbed wire. Lampe testifies how brutally the -SS treated those whom they were able to recapture. I am quoting a few -lines: - - “All those who returned to the camp were savagely tortured and - then shot. I myself saw the escaped prisoners, who were being - brought back to Block Number 20.”—I wish to interpolate that - Block 20 was the death block.—“They were beaten and the head of - one of them was badly bleeding. They were followed by 10 SS men, - among whom were three or four officers. They carried whips and - were laughing loudly, giving the impression of pleasurably - anticipating the tortures they were going to inflict upon the - three unfortunate prisoners. The courage of the insurgents and - the cruelty of the repression have left an undying impression on - all the internees of Mauthausen.” - -The fascist conspirators behaved with equal hatred toward all Soviet -citizens. If any altercations ever arose among them, they would only be -in connection with the methods of destruction to be inflicted on their -victims. Some strove to kill off the prisoners immediately; others -deemed it wiser to exploit their prisoners’ blood and strength in the -mills, factories, military workshops, and in the construction of -military undertakings. - -Any long war is responsible for labor shortage in industry and -agriculture. Fascist Germany solved this problem by importing white male -and female slaves. The greatest number of them were prisoners of war. -They were sent to heavy labor where masses perished from exhaustion, -overwork, hunger, and savage treatment by the guards. - -I submit to the Tribunal Document Number 744-PS, and quote the following -three paragraphs: - - “To carry out the augmented iron-steel industry program, the - Führer ordered on 7 July that a sufficient coal supply be - guaranteed and that prisoners of war be utilized for this - purpose.” - -I am omitting several sentence from the documents dealing with the -technicalities of this question and quote Point 2 of this directive: - - “2. All Soviet prisoners of war, captured since 5 July 1943, are - to be sent to the OKW camps and from there directly, or by way - of labor exchange, put at the disposal of the Plenipotentiary - for the Allocation of Labor, for use in the coal mining - industry.” - -The fourth point is of special interest. It contains a definite -directive on how to convert all men between the ages of 16 and 55 into -prisoners of war. I quote Point 4: - - “4. All male prisoners between the ages of 16 and 55, captured - in battles with the partisans in the operational area of the - Army, of the eastern commissariats, of the Government General, - and of the Balkans, are to be regarded in the future as - prisoners of war. The same applies to men in newly conquered - districts of the East. They must be sent to the prisoner-of-war - camps and then to work in Germany.” - -The second document, Number 744-PS, issued by the Chief of the OKW on 8 -July 1943, duplicates this directive. The document is signed by Keitel. -There is a postscript to the text of the document which was signed by -Keitel. It is addressed to all the higher authorities of the SS and is -signed by Himmler. The text has already been read into the record on 20 -December 1945; I shall therefore refer only to the contents. It concerns -the transportation of children, old people, and of young women. Himmler -indicates how and by what methods they should be sent to Germany through -Sauckel’s organization. In this case, too, Himmler, Keitel, and Sauckel -act in perfect agreement, almost as a single entity. - -I consider Exhibit Number USSR-354 (Document Number USSR-354) to be of -primary importance. It is a report on the prison camp in Minsk. The -report was compiled in Rosenberg’s office on 10 July 1941. - -THE PRESIDENT: Has it been put in already? - -COL. POKROVSKY: This document has not yet been read into the record. -Permit me, Your Honor, to read a few excerpts. I quote Page 183: - - “The prison camp in Minsk, covering a space about the size of - the Wilhelmsplatz, accommodates about one hundred thousand - prisoners of war and forty thousand civilian prisoners. The - prisoners, crowded together in this small space, can hardly - move, and are therefore forced to relieve nature at the very - place where they happen to be. The camp is guarded by a detail - of soldiers on active duty, of company strength. Due to the - small strength of the guard detail, the watch over the camp can - only be accomplished by the application of brute force.” - -I omit a paragraph and turn to the page which continues the original -idea: - - “The only possible language for a small guard, which remains on - duty both day and night without being relieved, is the firearm, - of which ruthless use is made.” - -Next, the authors of this document complain about the impossibility of -carrying out the selection of prisoners according to physical and racial -classification for various forms of hard labor: - - “On the second day this selection of civilian prisoners was - forbidden to the O.T., referring to an order of General Field - Marshal Kluge, according to which he alone had the right to - release civilian prisoners.” - -I shall read into the record two documents demonstrating how the -Hitlerites, in their hatred of the Soviet people, considered the regime -of bestial cruelty and systematic insults which they had set up for the -Soviet prisoners of war as being too mild, and demanded that it be made -still more severe. - -On 29 January 1943 an order was issued on the “Rights of Self-Defense -against the Prisoners of War,” under the signature of the Chief of the -OKH. This order bears the number 3868/42, and is registered by the -United States Delegation as Document Number 696-PS. We submit it to the -Tribunal as Exhibit Number USSR-355, since it has not been read into the -record. I shall read a few short extracts from this document. You will -find the passage quoted on Page 185 of your document book. It starts as -follows: - - “The military organizations and the organizations of the - National Socialist Party have, on numerous occasions, raised the - question of the treatment of the prisoners of war, and they are - of the opinion that the punishments provided for by the 1929 - Agreement (H. Dv. 38/2) are inadequate.” - -This document explains that the previous agreement regarding the -treatment of all prisoners of war, with the exception of Soviet -nationals, remains in force. The Order Number 389/42-S issued by the OKW -Section for Prisoners-of-War Affairs, determines the treatment of the -latter. This order was issued on 24 March 1942. - -The second document is the circular of the Nazi Party bureau, submitted -as Order Number 12/43-S. This circular, signed by Bormann, was issued by -the chief of the Party bureau, at the Führer’s main headquarters on 12 -February 1943. The circular was sent out by the Reichsführer to the -Gauleiter and to the commanding officers of military units. It speaks of -Secret Order Number 3868/42-S of the Chief of the General Staff. It is -therefore proved once more, and proved beyond any manner of doubt, that -the leaders of the Nazi Party and the military command bear equal -responsibility for the atrocities perpetrated on the Soviet prisoners of -war. - -The Navy regulations regarding prisoners of war remain in force for all -but Soviet prisoners, and where the Soviet prisoners were concerned the -“regulations of the OKW” which I have already mentioned, “remain in -force.” - -Thus, absolute criminal agreement between the Party leaders and the OKW -can be considered as existing as I already have shown to the Tribunal. I -stress the circumstance and I would remind you that all this happened in -the country whose representative had declared as far back as 1902: - - “The only purpose in capturing prisoners of war is to prevent - their further participation in the war. Although prisoners of - war lose their freedom, they do not lose their rights. In other - words, captivity is not an act of mercy on the part of the - conqueror. It is the right of the disarmed soldier.” - -THE PRESIDENT: Colonel Pokrovsky, we have had that document read to us -more than once. - -COL. POKROVSKY: I am not rereading it. I am merely recalling its -contents. - -THE PRESIDENT: I think you must give the Tribunal credit for some -recollection. As I say, that document has been read more than once -before. - -COL. POKROVSKY: We have at our disposal an official note signed by -Lammers. This document is registered under Document Number 073-PS. We -submit it to the Tribunal as Exhibit Number USSR-361—it has not yet -been read into the record. The document states—you will find this -excerpt on Page 191 of your document book: - - “1. Prisoners of war are foreigners. Influencing them is the - task . . . of foreign propaganda and therefore the task of the - Foreign Office.” - -I omit a few sentences. - - “Excepted from this ruling are the Soviet prisoners who are - placed under the control of the Reich Minister for the Occupied - Territories of the East because the Geneva Convention is not - valid for them and because they have a special political - status.” - -In this connection, I wish to submit to you as Exhibit Number USSR-356 -(Document Number USSR-356), another German document. It consists of -notes composed at the headquarters of the Foreign Counterintelligence -Office on the 15 November 1941 for the “OKW Chief of Staff.” I shall -read into the record a few extracts, of which you will find the opening -lines on Page 192 of your document book: - - “The Geneva Convention regarding prisoners of war is not valid - between Germany and the U.S.S.R. Therefore, the only rules in - force are the principles of general international law regarding - the treatment of prisoners of war, which since the 18th century - have so developed that war captivity represented neither revenge - nor punishment, but a security measure, the sole object of which - was to prevent prisoners from further participating in the war. - This principle developed in connection with the prevalent - opinion that, from a military standpoint, the killing or - wounding of prisoners was inadmissible. In addition, it is to - the interest of each belligerent to be assured against - ill-treatment of its soldiers in case of their capture. Appendix - I states the directives, based on different premises as can be - seen at the beginning of this paragraph, concerning the - treatment of Soviet prisoners of war.” - -To save time I shall omit several sentences and shall read the end of -the paragraph into the record: - - “. . . and, in addition, eliminated much which from past - experience was considered not only as useful from a military - viewpoint but as indispensable to the maintenance of discipline - and high striking power. - - “The orders are drawn up in very general terms. But, if we bear - in mind the ruling basic tendency, then the ‘measures’ permitted - by these orders are bound to result in wanton and unpunished - murder, even though officially the law of violence has been - abolished. - - “This is obvious from the directive regarding the use of weapons - against recalcitrance. The guards and their commanding officers, - who often do not understand the language of the prisoner of war, - will not be able to know whether the prisoners’ disobedience was - due to recalcitrance or to a misunderstanding of the orders. The - principle that use of weapons against Soviet prisoners of war - is, as a rule, justified absolves the guards from any duty of - making reflections about their actions.” - -Omitting two paragraphs not directly relating to this matter, I quote as -follows: - - “The organization of camp police equipped with clubs, whips, and - similar weapons, even in camps where all labor is done by the - prisoners, is against military rule and tradition. In addition - the military authorities thus give into other hands the means - for applying punishment without providing adequate control as to - how these means are employed.” - -I wish to quote one more sentence taken from Paragraph 5 of these -notes—you will find it on Page 194: - - “Appendix 2 contains a translation of the Russian decree - regarding prisoners of war which is in accord with the basic - principles of international law as well as with the rules of the - Geneva Convention.” - -I shall refrain from quoting the rest of the document as it is of little -interest. This document is signed by the Chief of the Foreign -Counterintelligence Service, Admiral Canaris. It includes directives -containing instructions relating to the treatment of Soviet prisoners of -war, dwelling in detail on such sections which Canaris considered as -violations of the basic principles of international law and of the -Geneva Convention. - -I should like to supplement this document with a few excerpts from the -minutes of the interrogation by Dr. Wengler, a former counsellor of the -Foreign Counterintelligence Service of the OKW. This document is -submitted to the Tribunal as Exhibit Number USSR-129 (Document Number -USSR-129). Wengler was questioned by me on 19 December 1945, and his -testimony is important for purposes of evaluating the line of conduct -both of the OKW and Keitel himself. - -DR. NELTE: Mr. President, I ask that the document, Exhibit Number -USSR-129, which the Russian Prosecutor intends to read, should not be -read, but that the witness mentioned in this document, Dr. Wengler, be -called personally to testify in Court, if the Soviet Prosecution is -willing. - -This document, USSR-129, is a record of an interrogation of Dr. Wengler, -who was active in Counterintelligence Service in the OKW. It is a -question of determining whether the nonapplication of the Geneva -Convention as regards Russia is due to the fault of the German -Government, the OKW, and the Defendant Keitel. I do not need to state -that the clarification of this question is of the utmost significance in -judging the responsible persons, not only because of the Counts in the -Indictment, but because of the terrible guilt in face of the German -people, if the testimony given by this witness should be true. The -witness was interrogated in Nuremberg on 19 December 1945. Whether he is -still here or in Berlin—he gave his address at the time of the -inquiry—I cannot say. But I do believe that the basic decisions of the -Tribunal concerning the interpretation of Article 21 of the Charter will -justify my request in this respect since, firstly, the summoning of the -witness from Berlin does not entail great difficulties, secondly we are -concerned with a question of such tremendous significance, even in this -setting, that the personal testimony and interrogation by this Tribunal -should not be replaced by the mere lecture of the minutes of an inquiry. - -THE PRESIDENT: Have you anything you wish to say in answer to that -objection? - -COL. POKROVSKY: With your permission I should like first of all, in -order to clarify the matter, to ask where the witness actually is at the -present moment? He is not in Nuremberg. He was brought here especially -for this interrogation under the greatest technical difficulties. The -interrogation was conducted according to all the rules of our judicial -proceedings, so that this document could be submitted to the Tribunal -and accepted as evidence, if the Tribunal so judges, according to -Article 19 of the Charter. - -All the problems concerning this subject, which were of interest to the -Soviet Prosecution, are already sufficiently clear from the Document -Number USSR-129, which we submit to you, and I see no possibility of -having this witness brought here in the near future. Maybe the -representatives of the Defense Counsel imagine that it is very easy to -produce him, but I do not see any technical possibility of bringing him -here a second time. And I repeat that, if the Tribunal does not consider -it feasible to accept this document in the suitable manner in which we -have formulated it, then we would even agree to refrain from submitting -it as evidence and to replace it by other evidence—even though we -believe it to be incorrect. But we consider it easier than to bring the -witness here a second time. That is all I have to say in reply to this -request. - -THE PRESIDENT: Did you say that you could not bring the witness here, -and that as you could not bring him here you would not press the -introduction of the document? - -COL. POKROVSKY: No, I put it differently. I said that we insist that -this document be admitted, since the Tribunal has the right, according -to Article 19 of the Charter, to accept this document as evidence. But -if we were to choose between two possibilities, either by adding this -evidence to the record or by summoning the witness a second time, the -technical obstacles which prevent us from so doing would compel us, by -preference, to accept the exclusion of this document from the record, in -order to avoid any repetition of the difficulties already experienced. -We consider that the document is quite correctly compiled, in accordance -with all the rules of the Charter, and that the Tribunal should receive -it as evidence according to Article 19 of the Charter. - -THE PRESIDENT: The Tribunal would like to know first of all, why is it -difficult or impossible to bring the witness to Nuremberg in the same -way that he was brought to Nuremberg in December 1945; and secondly, has -Dr. Nelte and have the other defendants’ counsel got full copies in -German of the document? - -COL. POKROVSKY: Dr. Wengler was interrogated in his native German -tongue. The original of his record, of his interrogation, has been -submitted to the Tribunal in an adequate number of copies, which are at -the disposal of the Defense Counsel. - -As regards the technical difficulties, I cannot, at present, undertake -to give the Tribunal a precise description of all the technical -difficulties reported to me by my collaborators, since I can no longer -remember them. But I do know that, when they were working on this -matter, establishing the existence of the witness, searching for him, -bringing him here, they—my collaborators—declared that they could do -this once but that they would not be able to do it a second time. -Consequently, Dr. Wengler, a free agent, was here in Nuremberg, not for -1 day, but for many days, precisely for the time needed adequately to -clear up all the questions which were of interest to us and to -interrogate him, since we foresaw the impossibility of summoning him a -second time. - -THE PRESIDENT: The Tribunal would like to know where the deponent, the -witness, was brought from when he was brought to Nuremberg. - -COL. POKROVSKY: From Berlin. He was brought the last time from Berlin. - -THE PRESIDENT: Then is he now in Berlin? - -COL. POKROVSKY: I do not undertake to answer this question now without -making further inquiries. He is not interned. - -THE PRESIDENT: Now, Dr. Nelte, do you want to say anything? - -DR. NELTE: I should just like to refer to the last page of the minutes, -where the address is given: Dr. Wilhelm Wengler, Berlin-Hermsdorf, -Ringstrasse Number 32. We are simply concerned with the question: Which -technical difficulties are involved to bring this witness from Berlin to -Nuremberg a second time? Of course, I do not know whether the witness is -in Berlin, but I assume that he is there. - -THE PRESIDENT: The Tribunal will adjourn. - - [_A recess was taken._] - -THE PRESIDENT: The Tribunal will allow the deposition to be put in -evidence, should the Soviet Prosecutor decide to do so. If the document -is put in evidence, the Tribunal will desire that the Prosecutor should -secure the attendance of the deponent as a witness for -cross-examination. If the Prosecution is unable to secure the attendance -of the deponent as a witness, then the Tribunal will itself attempt to -secure the attendance of the deponent as a witness, for -cross-examination. - -COL. POKROVSKY: I can report to the Tribunal that I attempted to employ -the time spent by the Tribunal in deliberating this problem in -discovering if we could bring this witness back again and that I did not -receive a conclusive reply from my organization. According to the wish -of the Tribunal, I shall omit the topic of his cross-examination and -shall only refer to it again if I am informed by my collaborators that -we can once more bring the witness before the Tribunal. This would seem -to me in accordance with the wishes of the Tribunal. - -THE PRESIDENT: Colonel Pokrovsky, I am not quite sure that you -appreciated quite what I said. What I said was that you are at liberty -to put in the document now, if you wish to do so. That is one thing. -But, if you do so, you must attempt to secure the attendance of the -witness, and should you fail to do so, the Tribunal will attempt to -secure the attendance of the witness; but the document will still be in -evidence and will not be struck out, although, of course, it will be -open to the criticism that it is only a deposition or an affidavit and -that the witness has not been produced for cross-examination and -therefore the weight that attaches to the testimony will not be so great -as it would be if the witness had been produced for cross-examination. - -Is that clear? - -COL. POKROVSKY: Wengler was interrogated by me. . . . - -THE PRESIDENT: I fear I used inaccurately the word “affidavit.” It is -only an interrogation. It is not made upon oath and that, of course, -will be taken into consideration. But the point is that you can put in -the document now if you decide to do so. That is a matter for your -discretion. If you do so, you must attempt to secure the attendance of -the witness for cross-examination. If you are unable to get him, then -the Tribunal will attempt to get him here for cross-examination. - -COL. POKROVSKY: When reporting to the Tribunal on the measures we had -adopted, I started from the point of view that the Tribunal desired that -each witness, whose testimony had been read into the record, could, if -necessary, be summoned to appear before the Tribunal for a supplementary -cross-examination. That is why I have already attempted to find out -whether we can call up this witness now, and since I have not yet -received any definite answer from our organization, I wish to invite the -attention of the Tribunal to the possibility that we will simply abstain -from mentioning these minutes now, as we only need them for the -confirmation of one point, already confirmed by a document which has -just been presented to the Tribunal. This is the report signed by -Canaris. What is the meaning of Wengler’s interrogation? The meaning of -Wengler’s interrogation is that it shows that the OKW knew of the -treatment meted out to the Soviet prisoners. Canaris said the same. - -THE PRESIDENT: I think you must decide, Colonel Pokrovsky, whether you -wish to put in the document or not. If you wish to put in the document, -you may do so, but I do not think it is right for you to state the -contents of the document and at the same time not to put it in. If you -wish to put it in, then you must try to secure the attendance of the -witness, and if you cannot secure the attendance, the Tribunal will try -to secure it. - -COL. POKROVSKY: I consider that Wengler’s testimony is not important -enough for us to pay so very much attention to it. If we can find this -witness, we shall examine him at a later date. - -THE PRESIDENT: Very well. - -COL. POKROVSKY: In the light of the documents read into the record, and -also in view of the protest of the German prisoners of war in Camp 78, -which shows how humanely the Soviet authorities treated German military -prisoners of the German Army, the sentence from Appendix I of Operations -Order Number 14 of the Chief of the Security Police and the SD, -concerning the treatment of Soviet prisoners of war, is nothing less -than a brazen insult. This sentence can be found on Page 7 of the -document submitted to the Tribunal as Exhibit Number USSR-3 (Document -Number USSR-3). You will find it on Page 204 of your document book: - - “Thus the Bolshevik soldier has lost his right to be treated as - an honest soldier and in accordance with the rules of the Geneva - Convention.” - -I beg the Tribunal to recollect that the following directive, dated 7 -November 1941, appears in Appendix II of Order Number 11 of the General -Staff of the OKW. I quote from Exhibit Number USSR-3, extracts from -which appear on Page 233 of your document book—last paragraph in the -right column. - - “The work of the Special Squad, by license of the rear area - commander (officer in charge of prisoner-of-war affairs of the - district) must be done in such a way that the selecting and - sorting out is practically unnoticeable. Executions must be - carried out without delay, and at sufficient distance from the - camp and from habitations to keep them secret from the other - prisoners and the population.” - -These are the transfers of prisoners “to some place in the neighborhood” -that Kuntze, the expert executioner, had in mind when he reported to his -chiefs on the incidents which occurred during the execution of the 28 -crippled prisoners of war. - -Among the documents submitted to the Tribunal by the Soviet Delegation -are data regarding the shooting, on 7 April 1945, at the Seelhorst -Cemetery in Hanover, of 150 Soviet prisoners of war and civilians. We -submit this data as Exhibit Number USSR-112 (Document Number USSR-112). -You will find the data in question on Page 207 of your document book. -They have been placed at our disposal by the American investigation -authorities. They consist of a number of testimonies, including that of -Peter Palnikov, a Red Army officer who had fortuitously escaped the -execution. You will find the minutes to which I refer on the same page, -207 of your document book. We also have the testimonies of other members -of the local population who had been questioned under oath by the -American investigation authorities. Their evidence is corroborated by -medical reports on bodies exhumed from the graves at Seelhorst Cemetery. -In addition, we submit duly certified photographs. - -I shall not read all these documents into the record but shall merely -point out that the 167 corpses thus exhumed were specially noted in the -concluding report of the commission, as enabling the commission to -judge, from their appearance, of the “pronounced degree of insufficient -nourishment.” - -This circumstance must be stressed so that the Tribunal may have a -perfectly clear picture of the food situation prevalent among Soviet -prisoners of war in the various camps. Regardless of the territory in -which the camp was located, all Soviet prisoners of war were exposed to -a regime of hunger with the same sustained and systematic cruelty. - -While I am thus reporting on the Hitlerian atrocities perpetrated on the -prisoners, I find that we now have at our disposal several court -verdicts pronounced on the fascist criminals who committed their crimes -in the temporarily occupied territories. In accordance with Article 21 -of the Charter, I submit to the Tribunal as Exhibit Number USSR-87 -(Document Number USSR-87) the verdict of a district military tribunal. -You will find the entire verdict on Page 214 up to Page 221. It was -pronounced in Smolensk, on 19 December 1945. The Tribunal inflicted -penalties varying from 12 years hard labor to death by hanging, on 10 -Hitlerites directly guilty of the numerous crimes committed in the city -and region of Smolensk. - -I shall not quote the document, but shall merely mention that on Pages -4, 5, and 6 of the verdict, in passages marked in your copies—these -pages, that is, 4, 5, and 6 of the verdict, are to be found in your -document book on Pages 218, 219, and 222—information is contained how, -as a result of pseudo-scientific experiments on prisoners of war by -persons who, to the undying shame of German medicine, were known in -Germany as professors and doctors, tortured and murdered the prisoners -by blood poisoning. The sentence presents further evidence that, as a -result of savage ill-treatment by the German escort conveying Soviet -prisoners of war, some 10,000 exhausted, half-dead captives perished -between Vyasma and Smolensk. - -It is precisely this passage, this information, which you will find in -Subparagraph 3 of the verdict. It appears on Page 218 of your document -book. The verdict reflects the systematic mass shooting of prisoners of -war in Camp 126, in the city of Smolensk—“in Transit Camp 126 -South”—during the transfer of the prisoners to the camp and to the -hospital. The verdict particularly emphasizes the fact that prisoners of -war, too exhausted to work, were shot. - -I should now like to turn to the brutalities committed by the Hitlerites -towards members of the Czechoslovakian, Polish, and Yugoslavian Armies. -We find, in the Indictment, that one of the most important criminal acts -for which the major war criminals are responsible was the mass execution -of Polish prisoners of war, shot in the Katyn Forest near Smolensk by -the German fascist invaders. - -I submit to the Tribunal, as a proof of this crime, official documents -of the special commission for the establishment and the investigation of -the circumstances which attended the executions. The commission acted in -accordance with a directive of the Extraordinary State Commission of the -Soviet Union. In addition to members of the Extraordinary State -Commission—namely Academicians Burdenko, Alexis Tolstoy, and the -Metropolitan Nicolas—this commission was composed of the President of -the Pan-Slavonia Committee, Lieutenant General Gundorov; the chairman of -the Executive Committee of the Union of the Red Cross and Red Crescent, -Kolesnikov; of the People’s Commissar for Education in the R.S.S.F.R., -Academician Potemkin; the Supreme Chief of the Medical Department of the -Red Army, General Smirnov; and the Chairman of the District Executive -Committee of Smolensk, Melnikov. The commission also included several of -the best known medico-legal experts. - -It would take too long to read into the record that precise and detailed -document which I now submit to you as Exhibit Number USSR-54 (Document -Number USSR-54), which is a result of the investigation. I shall read -into the record only a few comparatively short excerpts. On Page 2 of -the document, which is Page 223 in your document book, we read—this -passage is marked in your file: - - “According to the estimates of medico-legal experts, the total - number of bodies amounts to over 11,000. The medico-legal - experts carried out a thorough examination of the bodies - exhumed, and of the documents and material evidence found on the - bodies and in the graves. During the exhumation and examination - of the corpses, the commission questioned many witnesses among - the local inhabitants. Their testimony permitted the - determination of the exact time and circumstances of the crimes - committed by the German invaders.” - -I believe that I need not quote everything that the Extraordinary -Commission ascertained during its investigation about the crimes of the -Germans. I only read into the record the general conclusions, which -summarize the work of the commission. You will find the lines read into -the record on Page 43 of Exhibit Number USSR-54 if you turn to the -original document, or on Page 264 of your document book: - - “General conclusions: - - “On perusal of all the material at the disposal of the special - commission, that is, the depositions of over 100 witnesses - questioned, the data of the medico-legal experts, the documents - and the material evidence and belongings taken from the graves - in Katyn Forest, we can arrive at the following definite - conclusions: - - “1. The Polish prisoners of war imprisoned in the three camps - west of Smolensk and engaged in railway construction before the - war, remained there after the occupation of Smolensk by the - Germans, right up to September 1941. - - “2. In the autumn of 1941, in Katyn Forest, the German - occupational authorities carried out mass shootings of the - Polish prisoners of war from the above-mentioned camps. - - “3. Mass shootings of Polish prisoners of war in Katyn Forest - were carried out by German military organizations disguised - under the specific name, ‘Staff 537, Engineer Construction - Battalion,’ commanded by Oberleutnant Arnes and his colleagues, - Oberleutnant Rex and Leutnant Hott. - - “4. In connection with the deterioration, for Germany, of the - general military and political machinery at the beginning of - 1943, the German occupational authorities, with a view to - provoking incidents, undertook a whole series of measures to - ascribe their own misdeeds to organizations of the Soviet - authorities, in order to make mischief between the Russians and - the Poles. - - “5. For these purposes: - - “a. The German fascist invaders, by persuasion, attempts at - bribery, threats, and by barbarous tortures, endeavored to find - ‘witnesses’ among the Soviet citizens from whom they obtained - false testimony, alleging that the Polish prisoners of war had - been shot by organizations of the Soviet authorities in the - spring of 1940. - - “b. The German occupational authorities, in the spring of 1943, - brought from other places the bodies of Polish prisoners of war - whom they had shot, and laid them in the turned up graves of - Katyn Forest with the dual purpose of covering up the traces of - their own atrocities and of increasing the numbers of ‘victims - of Bolshevist atrocities’ in Katyn Forest, - - “c. While preparing their provocative measures, the German - occupational authorities employed up to 500 Russian prisoners of - war for the task of digging up the graves in Katyn Forest. Once - the graves had been dug, the Russian prisoners of war were shot - by the Germans in order to destroy thus all proof and material - evidence on the matter. - - “6. The date of the legal and medical examination determined, - without any shadow of doubt: - - “a. That the time of shooting was autumn 1941. - - “b. The application by the German executioners, when shooting - Polish prisoners of war, of the identical method—a pistol shot - in the nape of the neck—as used by them in the mass murders of - the Soviet citizens in other towns, especially in Orel, - Voronetz, Krasnodar and in Smolensk itself.” - -THE PRESIDENT: The Tribunal will now recess. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -COL. POKROVSKY: Point 7 of the general conclusions of the Extraordinary -State Commission of the Soviet Union, on which I reported in the -preceding session, states: - - “The conclusions reached, after studying the affidavits and - medico-legal examinations concerning the shooting of Polish - military prisoners of war by Germans in the autumn of 1941, - fully confirmed the material evidence and documents discovered - in the Katyn graves. - - “8. By shooting the Polish prisoners of war in Katyn Forest, the - German fascist invaders consistently realized their policy for - the physical extermination of the Slav peoples.” - -Here follow the signatures of all the members of the Commission. - -The Katyn massacres did not exhaust the Hitler crimes against the -soldiers of the Polish Army. In the report of the Polish Government, -submitted by me to the Tribunal as Exhibit Number USSR-93 (Document -Number USSR-93), we find a series of proofs confirming the breach by the -Hitlerite conspirators of the elementary rules of international law -governing the customs and laws of war; on Page 36 of this report by the -Polish Government—it is on Page 285 of your document book—we find, as -an outstanding part of the material collected, the ill-treatment of -prisoners of war and their extermination. It is said in the report—and -I quote: - - “As and when the Polish officers and other ranks returned from - German prisoner-of-war camps, we learn further details - concerning conditions prevailing in the German camps. All these - details undeniably prove the existence of a line of policy, - instructions, and orders concerning the Polish prisoners of war. - Ill-treatment, hardship, and inhuman conditions were of common - occurrence. Murders and grievous bodily injuries were frequently - encountered. A few examples confirmed by witnesses under oath - are submitted later on.” - -I take the liberty of reading into the record some of the examples -quoted in the Polish report. As a first example, I shall quote the -description of an incident which occurred in a temporary prisoner-of-war -camp in the city of Belsk. This material figures on Page 285 of your -document book: - - “On 10 October 1939 the camp commandant assembled all the - prisoners and ordered those who had joined the Polish Army as - volunteers to raise their hands. Three prisoners obeyed his - order. They were immediately led out of the rank and placed at a - distance of 25 meters from a detachment of German soldiers armed - with machine guns. The commandant gave the order to open fire. - He then spoke to the remaining prisoners and told them that the - three volunteers had been shot as an example to the others.” - -In this case we are not faced with the simple murder of three unarmed -soldiers of the Polish Army. . . . - -THE PRESIDENT: Colonel, you forgive my interrupting you, but you -remember that I have interrupted all the other prosecutors to point out -to them that one opening speech had been made on behalf of their -delegation, and that really their function was to present the documents. - -Now, you have just presented a document which states that three -volunteers were shot. I think that any comment upon that is really -unnecessary. - -COL. POKROVSKY: I now proceed to the quotation of the second excerpt on -Page 37, Subparagraph d—Page 226 of your document book: - - “In the autumn of 1939 Camp (Stalag) VIII-S was established in - Kounau, near Sagan on the River Bober, a tributary of the Oder. - Depositions from this camp read as follows: - - “The camp in Kounau was an open space surrounded by barbed wire, - with large tents, each holding 180 or 200 persons. In spite of - very cold weather (the temperature was below 25 degrees - centigrade) there was, in December 1939, no heating appliance - whatsoever in the camp. Consequently, some of the internees - suffered from frozen hands, feet, and ears. Since the prisoners - had no blankets and since their uniforms were too worn out to - protect them from the cold, disease broke out, while - malnutrition resulted in extreme debility. Moreover, the guards - constantly ill-treated the prisoners. They were beaten on the - slightest pretext. Two men were especially noted for their - brutality, Lieutenant Schinke and Sergeant Major Grau. They hit - the prisoners in the face and beat them, broke their ribs and - arms, and gouged out their eyes. Such inhuman treatment resulted - in several cases of suicide and insanity among the soldiers.” - -I think we can now pass on at once to the general conclusions and to -read into the Record to this end Subparagraph g on Page 39—Page 287 of -the document book: - - “The above-mentioned treatment of Polish prisoners of war by - individuals as well as by the German military authorities, - flagrantly violated the articles of the Geneva Convention of - 1929, Articles 2, 3, 9, 10, 11, 29, 30, 50, and 54. The - convention in question had been ratified by Germany on 21 - February 1934.” - -Soldiers of the Yugoslav Army, captured by the German troops, were -subjected to unbridled ill-treatment by the fascist invaders. -Ill-treatment, torture, and torment, together with mass executions were -introduced as a part of the system. Here, too, the Hitler criminals were -perfectly aware of what they were doing. To whitewash themselves, if -only a little, in the eyes of the world, they referred in all documents -concerning the destruction of Yugoslav prisoners of war, to the officers -and men of the Yugoslav Army as “bandits.” - -The second paragraph from the bottom of Page 23 of the official Yugoslav -report with regard to the above matter reads as follows—I quote Page 23 -of Document Number USSR-305. This quotation begins on Page 326 of your -document book: - - “. . . everywhere where the Germans used the so-called actions - against ‘bands and bandits’ as a pretext for the annihilation of - the civilian population (women, children, and old people), units - of the Yugoslav National Army of Liberation and partisan units - had actually been involved. . . . - - “Being under military command and wearing recognizable military - emblems and insignia, they conducted an armed struggle against - the fascist occupational forces and, moreover, they were fully - recognized by all the Allies. Besides, we will see later on that - on some of its documents, the German Command itself unmistakably - recognized this fact; but in its attitude towards the Yugoslav - warriors it continued unrestrainedly to violate the principles - of the international laws of war.” - -As an additional confirmation of the report, the form of which is in -accordance with the requirements of Article 21 of the Charter concerning -the admissibility of evidence, I also submit to the Tribunal Document -Number USSR-305. This is an excerpt from the report by the Yugoslav -State Commission concerning the determination of crimes committed by the -occupational forces and their accomplices. The State Commission reports -that there is at its disposal a secret report by Lieutenant General -Hoesslin, the officer in command of the 188th Mountain Infantry Reserve -Division, numbered 9070/44. The report is of great importance because of -the following considerations which I will explain to the Tribunal in the -terms of Document Number USSR-305. I quote: - - “Although the report refers to our divisions, brigades, and - artillery battalions under their proper names and proper - numbers—in cases of military engagements—all our army is - called in this report by the general name of ‘bandits,’ and for - the very simple reason that by so doing they are attempting to - divest us of the rights of belligerents, they themselves - assuming the right to shoot prisoners of war, to kill the - wounded, and to have a pretext for employing repressive measures - against the peaceful non-combatant population, allegedly because - of their assistance to the ‘bandits.’ Lieutenant General - Hoesslin admits that the combat group of Colonel Christel after - ‘a night engagement with weak bandit forces’—these are the - precise words of the report—‘burnt down Laskovitz, Lazna, and - Cepovan, and destroyed a hospital.’ - - “In General Hoesslin’s report it is further stated that the - division, together with the 3rd Brandenburg Regiment and other - German army and police units, participated in ‘a free-for-all - manhunt for bandits in the neighborhood of Klana’ (Operation - Ernst). . . .” - -I submit to the Tribunal Exhibit Number USSR-132 (Document Number -USSR-132), Page 363 of your document book. This represents an excerpt -from the directives issued by Major General Kübler concerning the -conduct of troops in action, an extract which was certified by the -Yugoslav State Commission. I read these excerpts into the Record: - - “Secret; 118th Jäger Division; Abt Ic; Br. B. No. 1418/43 - secret; Div. Hqs., 12. 5. 1943. - - “Directives for the Conduct of Troops in Action. - - “2. Prisoners: - - “Anyone having participated openly in the fight against the - German Armed Forces and having been taken prisoner is to be shot - after interrogation.” - -I further submit to the Tribunal Exhibit Number USSR-304 (Document -Number USSR-304). This number has been given to the excerpt from -Memorandum Number 6 of the Yugoslav State Commission for the -determination of the crimes committed by the occupational forces and by -their accomplices. In the last paragraph of Exhibit Number -USSR-304—Page 2 of the Russian text—is stated as follows—your Page -365 of the document book: - - “On 3 May 1945 the Germans brought from one of the partisan - hospitals 35 manacled patients and hospital orderlies. Ten of - the patients who were unable to walk were stood against the wall - and shot. Their bodies were piled in a heap, covered with wood - and set on fire.” - -As Exhibit Number USSR-307 (Document Number USSR-307) I submit another -extract from statement Number 6 of the same State Commission. This -statement is found on Page 85 to 115 of the first book entitled -“Memoranda on Crimes Committed by the Occupation Forces and their -Accomplices.” I shall now proceed to quote a part of this extract: - - “On 5 June 1944 Hitler’s criminals captured two soldiers of the - Yugoslav Liberation Army and the Slovene Partisan Detachments. - They brought them to Razori, where they cut off their noses and - ears with bayonets, gouged out their eyes and then asked them if - they could see their Comrade Tito. Thereupon they assembled the - peasants and beheaded the two victims in their presence. . . . - They then placed both the heads on a table.” - -In accordance with their usual practice of photographing the bodies of -their victims, the fascists then took photographs, and, as is further -stated in the extract quoted by me: - - “Later, in the course of the fighting, the photographs were - found on a fallen German. From this it can be seen that they - confirm the above described incident at Razori.” - -These pictures will be submitted to the Tribunal together with other -Yugoslav photographic evidence. - -Under Document USSR-65(a) I submit to the Tribunal an announcement -signed by the Commander of the SS and police detachments of the 18th -Military District, SS Gruppenführer and Lieutenant General of Police, -Rösener. I shall now proceed to read into the Record a part of this -announcement. You will thus be able to see that the warriors of the -Yugoslav Armed Forces who were taken prisoner were either hanged or -shot. This document is on Page 367 of your document book, “In connection -with the various clashes between police detachments and Yugoslav -units. . . .” - -I skip several sentences of this document concerning a description of -the encounters between detachments of Polish and Yugoslav units. - - “Eighteen bandits were recently killed in action and a - considerable number taken prisoner. - - “The following bandits, who were among the prisoners, were - publicly hanged at Stein on 30 June 1942. . . .” - -This statement is followed by the names of eight Yugoslav soldiers -between the ages of 21 and 40 years. I will not read this list into the -Record. - -On Page 36 of our Exhibit Number USSR-36 (Document Number USSR-36)—your -Page 339—the first paragraph from the bottom reads, “We can find the -identical evidence in a collection of official notes on the staff -conferences of Gauleiter Uiberreiter.” Thus, for example, it is stated -in the minutes of the conference held on 23 March 1942, “Fifteen bandits -were executed in Maribor today.” I omit some sentences from the minutes -of the conference held on 27 July 1942, “Many bandits have been shot -recently.” - -The minutes of the conference of 21 December 1941 contain a passage: - - “Since the bandits started their activities in July 1941, 164 - bandits have been shot by the uniformed police and 1,043 by - special procedure (Sonderverfahren).” - -The minutes of 25 January 1943 state: - - “The number of guerilla troops liquidated on 8 January 1942 by - the Security Police and the uniformed branch is 86, including - wounded and prisoners, 77 of whom were killed.” - -Such notes can be found in almost every one of the minutes of these -conferences held by Uiberreiter. - -A certain number of prisoners of war who had escaped immediate -annihilation were moved into special camps where they were gradually -killed off by hunger and by exhausting heavy labor. I will now read into -the Record the last paragraph on Page 37 of the report of the Yugoslav -Government, which was previously mentioned by me and offered in evidence -as Exhibit Number USSR-36. It is on Page 340 of the document book: - - “One such camp was established in 1942 at Boten, near Rognan. - Nearly 1,000 Yugoslav prisoners of war were brought into this - camp; and in the course of a few months all of them, to the last - man, died of illness, hunger, physical torture, or execution by - shooting. They were forced every day to do the very hardest work - on a road and some dams. Their working hours lasted from dawn - until 1800 hours, under the worst possible climatic conditions - in this far northern part of Norway. During their work the - prisoners were beaten incessantly and in the camp, itself, were - exposed to terrible ill-treatment. - - “Thus, for example, in August 1942 the prisoners were ordered by - the German staff of the camp to have all their hair removed from - their armpits and around their genitals, as otherwise they would - be shot. Not one prisoner received a razor from the Germans, - though the Germans knew well that they had none. The prisoners - spent the whole of the night plucking out their hair with their - hands and assisting one another. However, in the morning the - guards killed four prisoners and wounded three by rifle fire. - - “On 26 November 1943, German soldiers, in the middle of the - night, broke into the hospital and dragged out into the - courtyard 80 sick prisoners; after they had been forced to strip - in the bitter cold, they were all shot. On 26 January 1943, 50 - more prisoners died in torment from the beatings received. - Throughout the winter many prisoners were killed in the - following manner: They would be buried up to their waist in the - snow, and water poured over them, so that they formed statues of - ice. It was established that 880 Yugoslav prisoners of war were - killed in the above-mentioned camp in various ways.” - -Further, on Page 38, Exhibit Number USSR-36 (Document Number USSR-36), -information is contained of the shooting of Yugoslav prisoners of war in -the camp at Bajsfjord, Norway. After 10 July 1942, when an epidemic of -spotted fever broke out in the camp and spread to six others, the -Germans found no other way of fighting this epidemic than by shooting -all the patients. This was done on 17 July 1942. On the same page, 38, -there is a reference to a Norwegian report of 22 January 1942, compiled -on a basis of statements made by Norwegian guards of this camp who had -fled. It is stated in this report that of 900 Yugoslav prisoners of war, -320 were shot, while the remainder, with a view to isolating them, were -transferred to another camp, Bjerfjel. I will read into the Record Page -38 of Exhibit Number USSR-36, beginning with the fifth paragraph from -the bottom, Page 341 of your document book: - - “When an epidemic of spotted fever broke out in the new camp, an - average of 12 men a day were shot in the course of the following - 5 to 6 weeks. By the end of August 1942 only 350 of these - prisoners were returned to Bajsfjord, where German SS troops - continued to exterminate them. In the end only 200 men remained - alive and were transferred to camp Osen.” - -I will now skip two paragraphs and pass to the last paragraph of the -same report: - - “On 22 June 1943 a transport containing 900 Yugoslav prisoners - arrived in Norway. Most of them were intellectuals, workers and - peasants, and prisoners from the ranks of the former Yugoslav - Army or else captured partisans or men seized as so-called - ‘politically suspicious elements.’ Some of them—about 400—were - placed in the still unfinished camp at Korgen, while the other - group of about 500 was sent 10 to 20 kilometers further on to - Osen. The commandant of both camps, from June 1942 until the end - of March 1943, was the SS Sturmbannführer Dolps. . . . - - “Men were constantly dying of hunger. Forty-five were placed in - a hut which normally accommodated six men only. . . . There was - no medicine. . . . They worked under most difficult conditions - on road building, in the bitter cold, without clothing and caps, - in the wind and rain, 12 hours a day. - - “The prisoners in the camp at Osen used to sleep in their shirts - without any underpants, without any cover whatsoever, on the - bare boards. Dolps personally visited the huts and carried out - inspections. The prisoners who were caught sleeping in their - underpants were killed on the spot by Dolps with his submachine - gun. In the same manner he killed all those who appeared on - parade, which he reviewed personally, in soiled underwear. . . . - By the end of 1942 only 90 still remained alive of the first - group of 400 in Korgen. Out of about 500 prisoners who were - taken to the camp of Osen by the end of June 1942, there were, - in March 1943, only 30 men left alive.” - -I will read into the record an excerpt from Page 39, Exhibit Number -USSR-36 beginning with the third paragraph from the bottom, Page 342 of -your document book: - - “Besides this terrible treatment of the captured soldiers of the - Yugoslav National Army of Liberation and the Partisan - Detachments, the Germans also treated prisoners of war from the - ranks of the old Yugoslav Army in complete contravention of - international law and contrary to the Geneva Convention on the - Treatment of Prisoners of War, of 1929. In April 1941, - immediately after the occupation of the Yugoslav territory, the - Germans drove into captivity in Germany about 300,000 - noncommissioned officers and men. The Yugoslav State Commission - has at its disposal much evidence of the unlawful ill-treatment - of these prisoners. We shall give here a few examples only. - - “On 14 July 1943 in the officers’ SS camp at Osnabrück, 740 - captured Yugoslav officers were separated from the remainder and - placed in a special penitentiary camp called Camp D. Here they - were all crowded together in four huts; all contact with the - rest of the camp was prohibited. The treatment of these officers - directly contravened the provisions of the Geneva Convention - even more so than the treatment of the other prisoners. In this - penitentiary camp were placed all those whom the Germans - considered as supporters of the National-Liberation movement and - against whom they very frequently applied measures of mass - punishments. - - “The Germans gambled with the lives of the prisoners and - frequently shot them from sheer caprice. Thus, for instance, at - the aforesaid camp at Osnabrück, on 11 January 1942, a German - guard fired at a group of prisoners, severely wounding Captain - Peter Nozinic. On 22 July 1942 a guard fired on a group of - officers. On 2 September 1942, a guard fired on the Yugoslav - lieutenant, Vladislav Vajs, who was incapacitated by a wound he - had received some time before. On 22 September 1942, a guard - from the prison tower again fired on a group of officers. On 18 - December 1942 the guard fired on a group of officers because, - from their huts, they were watching some English prisoners - passing by. On 20 February 1943 a guard fired on an officer - merely because this officer was smoking. On 11 March 1943 a - guard opened fire on the doors of a hut and killed General - Dimitri Pavlovic. On 21 June 1943 a guard fired at the Yugoslav - lieutenant colonel, Branko Popanic. On 26 April 1944 a German - noncommissioned officer, Richards, fired on Lieutenant Vladislav - Gaider, who subsequently died of his wounds. - - “On 26 June 1944 the German captain, Kuntze, fired on two - Yugoslav officers, severely wounding Lieutenant Djorjevic. - - “All these shootings were carried out without any serious - reasons or pretext and only as a result of brutal orders issued - by the German camp commandants, who threatened that firearms - would be used even in the case of the most insignificant - offenses. - - “All these incidents occurred in one single camp. But this was - the treatment applied in all the remaining camps for Yugoslav - officers and soldiers—captives in the hands of the Germans.” - -A certain incident is described in the Czechoslovak Government report -which I should like to mention here. Its importance lies not in the fact -that it throws a new light on the methods employed in fascist crimes but -that it took place at the time when the Hitlerites clearly realized that -their days were numbered. This incident is described in Appendix 4 to -the Czechoslovak Government’s report, and I shall describe it briefly -and in my own words. - -There was an airfield at Gavlichkov Brod at which various military -installations were located, while the former lunatic asylum was used as -an SS hospital. When the question arose regarding the formalities for -the surrender of the German military units at the airfield—in -1945—Staff Captain Sula with one of his fellow officers as official -representative of the Czechoslovak Army took himself to the airfield. -Neither of them ever came back. Later the airfield and the hospital were -occupied by the Czech national units and an investigation was carried -out. It showed that the negotiators, together with six other persons who -had previously disappeared at Gavlichkov Brod, were taken by the Germans -to the SS hospital where they were subjected to cruel tortures. In the -case of Captain Sula the Germans cut out his tongue, gouged out his -eyes, and cut his chest open. The others suffered similar treatment. -Most of them had been castrated. I am in possession of photographic -evidence in support of this fact which I am submitting to the Tribunal. - -My presentation has lasted several hours. But surely, neither time nor -any word of living human speech will ever suffice to describe even a -thousandth part of the sufferings borne by the soldiers of my fatherland -and of the other democratic countries who had the misfortune of falling -into the hands of the fascist executioners. - -I have only been able to show the Tribunal, in a very condensed form, -the manner in which the monstrous fascist directives regarding the -ill-treatment of prisoners of war and their mass extermination were -carried out, an ill-treatment before which the horrors of the Middle -Ages pale. - -We shall here attempt, if only quite briefly, to fill in the gaps. In -tens of thousands the witnesses will pass before your eyes. They have -been called before the Tribunal to testify in this case. I cannot summon -them by name, no oath will you ever administer to them and yet their -evidence will never be denied—for the dead do not lie. Most of the -films pertaining to German atrocities which will be presented by the -Soviet Prosecution pertain to crimes against prisoners of war. The -silent testimony of the helpless prisoners burned alive in hospitals, of -prisoners mutilated beyond all recognition, of prisoners tortured and -starved to death will, I am certain, be far more eloquent than any word -of mine. - -Blood drips from the hands of the accused—the blood of the victims of -Rostov and Kharkov, the martyrs of Auschwitz and all the extermination -camps created by the Hitlerites. Treacherously the enemy attacked our -country. The people rose in arms to defend their mother country, her -freedom, and her independence, the honor and lives of their families. -They joined the ranks of the fighting men. They fell into the hands of -the enemy. Now see how the enemy dishonored them when they stood -helpless and unarmed. - -So may these major criminals, who bear the main responsibility for the -evil deeds of the fascists, be forced to answer to the martyrs to the -full extent of the law of international justice for the indescribable -atrocities which you will see with your own eyes, and for the many other -crimes which will forever remain unknown. - -Allow me to present to the Tribunal Chief Counsellor L. N. Smirnov, -Assistant Prosecutor for the U.S.S.R., who will submit to the Tribunal -the documentation pertaining to the crimes committed against the -civilian population of the U.S.S.R., Yugoslavia, Poland, and -Czechoslovakia. - -CHIEF COUNSELLOR OF JUSTICE L. N. SMIRNOV (Assistant Prosecutor for the -U.S.S.R.): Your Honors, my problem today consists of presenting to you -the written documents and other judicial evidence testifying to the very -grievous crimes committed by the Hitlerian conspirators against the -peaceful population in the territories of the U.S.S.R., Yugoslavia, -Poland, and Czechoslovakia when under temporary occupation. - -The number of such depositions at the disposal of the Soviet Prosecution -is unusually great. Suffice it to say that in the reports of the -Extraordinary State Commission of the Soviet Union for the determination -and investigation of the atrocities of the German fascist invaders and -the accomplices, there are 54,784 reports of the crimes by the Hitlerian -criminals, directed against the peaceful citizens of the Soviet Union. - -But even these documents do not, by a long way, cover all the crimes -perpetrated by these war criminals against the peaceful population. The -Soviet Prosecution asserts and I submit to the Tribunal evidence to this -effect, that along the entire length of the far-flung front, from the -Barents to the Black Sea, and throughout the entire depths of the -infiltration of the German hordes into my mother country, wherever the -German soldier or the men of the SS set foot, crimes of unspeakable -cruelty were committed and the victims of these crimes were the women, -the children, and the old. - -The crimes of the German fascist criminals became apparent as and when -the Red Army units moved west. The reports on these Hitlerite crimes -against the peaceful population were made by officers of the advance -units of the Red Army, by local authorities, and public organizations. - -The Soviet people did not, in the first moment, learn of the crimes of -the German fascist invaders from circulars of the German Command, from -the notices posted up by the Reich leaders, or from the directives -issued by the SS Obergruppenführers both in incoming and outgoing -bulletins of the competent German chancelleries, although such documents -were captured in very large quantities by the advance units of the Red -Army and are currently in the possession of the Soviet Prosecution. Far -different were the sources of their information. Returning to their -native haunts the soldiers of the Army of Liberation saw the many -villages, towns, and cities which had been reduced to so much wasteland. - -At the foot of the communal graves where rest the bodies of the Soviet -people murdered by “typical German methods”—I shall, later on, present -to the Tribunal evidence of these methods and of the regularity of their -application—at the foot of the gallows where the feet of the -adolescents danced on the air, at the ovens of the gigantic crematories -where the murdered internees from the extermination camps were burned, -at the sight of the dead women and girls, victims of some sadistic whim -of the fascist bandits, at the sight of children, who had been torn in -half—by all this evidence did the Soviet people recognize the mighty -chain of crime extending, as the Chief Prosecutor of the U.S.S.R. so -aptly said, “from the ministerial armchair to the hands of the -executioner.” - -All these monstrous crimes had a definite system of their own. There was -uniformity in the murder methods: One and the same system prevailed in -the construction of the gas chambers, in the mass production of the -round tins containing the poisonous substances “Cyclone A” or “Cyclone -B,” the ovens of the crematories are all built on the same typical -lines, and one was the plan extending over all the camps of destruction. -There was uniformity in the construction of the evil-smelling death -machines, which the Germans referred to as “gaswagen” but which our -people called the “soul destroyers”; and there was the same technical -elaboration in the construction of mobile mills for grinding human -bones. All this indicates one sole and evil will uniting all the -individual assassins and executioners. - -It became obvious that German thermotechnicians and chemists, -architects, toxicologists, mechanics, and physicians were engaged in -this rationalization of mass murder on instructions received from -Hitler’s government and from the Supreme Command of the German Armed -Forces. It was also evident that the “death factories” brought into -existence an entire series of auxiliary industries. - -But the unity of this will-to-evil was not only apparent there, where a -special technique had been evolved to serve the purpose of very evil -murder. The unity of this will-to-evil was also apparent from the -similarity of the methods employed by the murderers, from the uniformity -of type in the murder technique evolved as well as from the fact that, -in cases where no special technique was employed, use was made of -ordinary weapons of the German Armed Forces. - -From the evidence which I shall submit later on you will see that the -sites where the Germans buried their victims were opened up by Soviet -legal doctors in the north and south of the country. These sites were -separated from each other by thousands of kilometers, and it is quite -evident that the crimes were perpetrated by perfectly different people; -but the methods employed were absolutely identical. The wounds were -invariably inflicted on the same parts of the body. And identical, too, -were the preparations for camouflaging the gigantic graves as antitank -ditches and trenches. Everywhere the unarmed and defenseless people, on -their arrival at the execution ground, were ordered, in practically the -same terms, to undress and lie face downwards in previously prepared -pits. As soon as the first batch was shot, whether in the swamps of -Bielorussia or the foothills of the Caucasus, the row was covered with -quicklime and the second batch of unarmed and defenseless people, of -people about to die, were again ordered by the murderers to undress and -lie down on that corrosive, blood-soaked mass which covered the first -batch of victims. - -This is testified to not only by the uniformity of instructions and -orders received from high commands. So similar were the methods employed -that it became clear that execution squads were being trained in special -schools which had systematized beforehand and provided for every -eventuality, from the order to undress prior to the shooting right down -to the shooting proper. These assumptions, based on an analysis of -assembled facts, were later confirmed by documents captured by the Red -Army and by the testimony of prisoners of war. - -From the very first months of the war it became clear to the Soviet -Government that the innumerable crimes of the German fascist aggressors -against the peaceful citizens of my mother country represented, not the -excesses of undisciplined military units or the isolated crimes of -individual officers and soldiers, but that they represented a system -prepared in advance, not merely sanctioned by the criminal Hitler -Government, but consciously planned and encouraged by this government. - -I submit to the Tribunal in evidence according to Article 21 of the -Charter, one of the official notes of V. M. Molotov, People’s Commissar -for Foreign Affairs in the U.S.S.R., dated as early as 6 January 1942. -This document is registered as Exhibit Number USSR-51 (Document Number -USSR-51). It is on the first page of your document book, beginning at -the third paragraph after the heading: - - “As and when the Red Army, in the course of its continued and - victorious counter-offensive, liberated numerous cities and - rural committees which had, for a certain time, been in the - hands of the German invader, an incredible picture emerged more - clearly with every passing day—a picture of the looting which - took place in every community, of general devastation, of - revolting acts of rape, ill-treatment, and mass murder—all - committed against peaceful citizens by the fascist German - occupational forces during their advance, during the occupation, - and during their withdrawal. The great amount of documentary - material which the Soviet Government has at its disposal - witnesses to the plundering and despoiling of the population, - accompanied by bestial acts of violence and mass murders, - carried out in all territories which came under the heels of the - German invaders. Unquestionable facts prove that the regimes of - robbery and of bloody terror inflicted on the peaceful - population of the occupied villages and cities did not consist - of certain excesses of individual undisciplined military units - or individual German officers and soldiers. Rather does it point - to a definite system, planned far in advance and encouraged by - the German Government and the German Army Command, a system - which intentionally unleashed within their army the lowest - animal instincts among the officers and men. - - “Every step of the German fascist army and its allies in the - invaded Soviet territories of the Ukraine and Moldavia, of - Bielorussia and Lithuania, Latvia, and Estonia, in the - Karelian-Finnish lands, in the Russian zones and regions, led to - annihilation and to the destruction of priceless material and - cultural treasures—the property of the nation; for the civilian - population it led to the loss of hard-won property, slave labor, - famine, and bloody massacre before whose horror the most savage - crimes in history have paled. - - “The Soviet Government and its organizations record all these - infamous crimes of the Hitler army for which the indignant - Soviet people justifiably demand and will obtain retribution. - - “The Soviet Government considers it a duty to bring to the - notice of all civilized humanity, of honest men all the world - over, its declaration concerning the monstrous crimes - perpetrated against the peaceful people of all occupied - territories of the Soviet Union by the Hitlerite armies.” - -I now proceed to read into the record Paragraphs 2, 4, and 5 of the -concluding statement of this note. Your Honors will find the place in -question on the reverse side of Page 4 of the document quoted, Paragraph -5, Column 1 of the text: - - “The Hitlerite Government in Germany which had so treacherously - attacked the Soviet Union pays no heed, in warfare, to any - standards of international law or to any of the moral - requirements. It wages war primarily against the peaceful and - unarmed populations, against women, children, and old men, - thereby revealing its own essential vileness. This government of - robbers, which only recognizes violence and rapine, must be - crushed by the all-powerful strength of the freedom-loving - peoples, in whose ranks the Soviet nation will carry out its - mighty task of liberation to the end. - - “In bringing all the atrocities committed by the German invaders - to the knowledge of all the governments with which the Soviet - Union maintains diplomatic relations, the Soviet Government - announces that it holds Germany’s criminal Hitlerite Government - responsible for all the inhuman and rapacious acts perpetrated - by the German Armed Forces. - - “At the same time the Government of the Soviet Union declares - with unshakable conviction that the Soviet Union’s fight for - liberation is a fight for the rights and liberty not only of the - peoples of the Soviet Union, but also for the rights and liberty - of all freedom-loving peoples of the world and that this war can - only end with the complete destruction of the Hitler armies and - with complete victory over the Hitler tyranny.” - -The large quantity of the materials and facts which I have to submit to -the Tribunal renders necessary the adherence to a very strict -systematization of the materials in question. - -Evidence will be submitted to the Tribunal successively. - -Firstly, with regard to the deliberate encouragement by the major war -criminals of the lowest instincts of German officers, men, and officials -detailed to the Eastern areas where they were incited to murder the -civilian population and to indulge in every form of violence against it. -They also created that atmosphere of impunity which surrounded the -murderers and legalized the regime of terror. Secondly, with regard to -the special training and selection of units designated to put into -effect both the mass murders and the regime of terror inflicted on the -civilian population. Thirdly, with regard to the extent of the crime, -the ubiquity and the immense degree of the German fascist atrocities. -Fourthly, with regard to the gradual development and perfection of -methods for the realization of the monstrous crimes, from the first -shootings to the creation of the special extermination camps. Fifthly, -with regard to attempts to conceal all traces of the crimes and the -special measures taken for that purpose by order of the higher -authorities. - -I shall now submit documents to prove the first two of the points just -mentioned. - -The Tribunal has already received evidence that the actual orders, -circulars, and the so-called laws, promulgated by the Hitlerian -criminals for the legalization of terror directed against the peaceful -population and for the justification of rape and murder, are directly -connected with the inhuman theories of fascism. The Chief Prosecutor for -the U.S.S.R. has twice quoted from a book by the former president of the -Danzig Senate, at one time a very close friend of Hitler’s, Hermann -Rauschning, published in 1940 in New York under the title of _The Voice -of Destruction_. The same book (Document Number USSR-378) was published -in various other countries under different titles, such as, _What Hitler -Told Me_, or _Conversations with Hitler_, and so on. - -Two quotations were made from Rauschning’s book, which I have submitted -to the Tribunal, in the speech of the Chief Prosecutor of the U.S.S.R. -The first is on Page 225 of the original. Your Honors will find it in -the last paragraph of Page 14. The contents of this quotation can be -summarized as follows: Hitler told Rauschning that he was freeing -mankind from the humiliating restrictions imposed by the “chimera of -conscience and morality.” The second quotation is also extremely -important. I will endeavor to prove by a series of concrete facts the -apparently abstract contents of this quotation. You will find it on -Pages 137-138. It concerns a conversation between Hitler and Rauschning -on the subject of a special technique of depopulation essential for the -physical extermination of entire nations and about the right of the -victor to exterminate entire populations. - -And indeed, in order to murder millions of innocent and defenseless -people, it was necessary not only to develop the technical formula of -“Cyclone A,” to construct gas chambers and the crematory ovens, nor yet -to elaborate an elaborate procedure for mass shootings. It was also -essential to educate many thousands who would carry out these policies -“not in the letter, but in the spirit”—as stated by Himmler in one of -his speeches. It was necessary to train persons deprived both of heart -and conscience, perverted creatures who had deliberately cut themselves -off from the basic conceptions of morality and law. It was necessary to -legalize and theoretically establish the conformity to law of the -substitution of the concept of “guilt” by the concept of “preventive -purge of undesirable elements for political purposes,” of the concept of -“justice” by the concept of “the right of the master,” and of the -concept of “law” by an apologia of arbitrary administration and police -terror. - -It was necessary, by orders, regulations, and decrees, to instill in the -minds of hundreds of thousands of human beings, trained as the -bloodhound is trained, to carry out the premeditated atrocities of the -major criminals, that they were in no way responsible for the crimes -committed. That is why Hitler freed them from the “chimera called -conscience.” - -But the theoretical foundations laid down for the purpose still did not -constitute official instructions, nor did they introduce definite -retaliatory measures against those who were unduly mild and those who -did not fully recognize the “joys of cruelty.” This is why, even before -the beginning of the war with the Soviet Union, the German fascist -criminals issued a number of so-called handbooks, sermons, and similar -documents to the Germans who were being sent East. I submit one of these -documents to the Tribunal. Of all the documents in my possession I have -deliberately selected this small document, and I dwell on it because it -is not intended for the SS or police. It is intended for the so-called -agricultural leaders. This document is entitled, “The Twelve -Commandments for the Behavior of Germans in the East and for Their -Treatment of the Russians.” - -I submit this document to the Tribunal as Exhibit Number USSR-89 -(Document Number USSR-89), and Your Honors will find it on Page 17 of -the document book. From these “Twelve Commandments” I shall quote just -one, the sixth, which has a direct bearing on my present theme. . . . - -DR. NELTE: Mr. President, the words “Twelve Commandments for the -Behavior of the Germans in the East and for Their Treatment” have been -written on Document Number USSR-89. That is all that is in my copy. This -document has no heading and no signature. As the question of -responsibility is involved, it would surely be desirable for the -Prosecution to name the author of these “Twelve Commandments.” So I -respectfully ask the Tribunal to decide whether this document is -admissible as evidence in its present form. - -THE PRESIDENT: Can you inform us what the source of the document is? - -MR. COUNSELLOR SMIRNOV: This document is included in the documentation -of the Extraordinary State Commission of the Soviet Union for the -investigation and determination of German fascist atrocities. It was -received from the following sources—I must interrupt my further -presentation. - -The Counsel for the Defense has pointed out that this document bears no -signature. If Your Honor will turn to the original of this document, -which I have submitted to you, you will find the signature of a certain -Backe. Unfortunately I cannot say who this Backe was, but I discovered -this signature on a whole series of German, or rather of German fascist -documents which, in rather peculiar juxtaposition, usually discussed two -subjects—cattle breeding and the Russian soul. Evidently the author of -this document was considered equally competent to deal with both -questions. But what his official position was I really cannot say. - -I repeat, this document was captured by field units of our army, in the -region of Rossoshy, handed to the Extraordinary State Commission and the -original of this document is now being submitted to the Tribunal. - -THE PRESIDENT: I have the original before me now. It is dated Berlin, -the 1st of June 1941, and has a signature which looks like B-a-c-k-e. -Perhaps Counsel for the Defense would like to see the original document. -It is, as I understand from the prosecuting counsel, made a part of the -Soviet Government report; and if so, we must take notice of it. - -MR. COUNSELLOR SMIRNOV: That is so. I have information concerning -Backe’s official position. He was Minister of Food and Agriculture. I -did not know that before, because in practice I did not have the -occasion to come across this branch of German fascist life. - -DR. NELTE: Mr. President, I believe I can identify the signature as -“Backe.” Backe was in the Ministry of Food and Agriculture, was indeed -State Secretary at the time. - -THE PRESIDENT: Perhaps this would be a convenient time to break. - - [_A recess was taken._] - -MR. COUNSELLOR SMIRNOV: Mr. President, have I your permission to -proceed? - -I now quote the sixth commandment of the twelve which have just been -submitted to the Tribunal. This sixth commandment, which is on Page 17 -of the document book of the Tribunal, reads as follows: - - “6. The areas just opened up must be permanently acquired for - Germany and Europe. Everything will depend upon your behavior. - You must realize that you are the representatives of Greater - Germany and the standard-bearers of the National Socialist - Revolution and of the New Europe for centuries to come. You - must, therefore, carry out with dignity even the hardest and - most ruthless measures required by the necessities of the state. - Weakness on the part of an individual will, on principle, be - considered as just cause for his recall. Anyone who has been - recalled for this reason will no longer be eligible for a - responsible position in the Reich either.” - -For what “hardest and most ruthless” measures the criminal Hitlerite -Government was preparing those whom it named “the standard-bearers of -the National Socialist Revolution,” and what crimes were committed by -them, we shall show later on. - -In this manner the theoretical, abstract discussions were followed up by -official orders quite definite and allowing of no ambiguity. Execution -squads were trained in special educational institutions. The network of -these institutions extended almost to the lowest ranks. - -I shall submit to the Tribunal the indictment drawn up for the -Prosecutor of the U.S.S.R. by the examining magistrate of most important -affairs on the subject of German fascist atrocities in the city and -region of Kharkov. This document has already been fully confirmed by the -verdict of the military tribunal, which has also been submitted to the -Tribunal. The Tribunal will find this verdict on Page 20 of your -document book. The indictment and sentence are submitted to the Tribunal -as Exhibit Number USSR-32 (Document Number USSR-32). - -There is on the first page of the indictment an extract from the -testimony of the Defendant Retzlav. It is on Page 24 of the document -book of the Tribunal, last paragraph. I quote an excerpt from the -testimony: - - “The accused senior corporal of the German Army, Reinhard - Retzlav, who received his training in the special battalion - ‘Altenburg,’ testified in the course of his interrogatory: - - “The course of training even included several lectures by - leading officials of the GFP”—Secret Field Police—“who - definitely declared that the peoples of the Soviet Union, - especially those of Russian nationality, were subhuman and - should be destroyed in an overwhelming majority, although an - appreciable number was to be employed by the German landowners - as slaves. These directives were the result of the policy of the - German Government toward the peoples of the occupied - territories; and, it must be confessed, were put into practice - by every member of the Armed Forces, myself included.” - -Such were the courses dedicated to the training and education of junior -police officials. - -But the fascist training school for murderers acknowledged other forms -of education as well, forms specially dedicated to the technique of -destroying all traces of the crimes committed. The Tribunal has already -received the document registered as Exhibit Number USSR-6(c) (8) -(Document Number USSR-6(c) (8). This document is one of the appendices -to the report of the Extraordinary State Commission on German atrocities -perpetrated on the territory of the region of Lvov. The document is the -testimony of the witness, Manusevitch, interrogated by the senior -assistant to the prosecutor of the Lvov region, by the special request -of the Extraordinary State Commission. The minutes of the interrogatory -are recorded in conformity with the legal code of the Ukrainian Soviet -Socialist Republic. The Tribunal will find these minutes on Page 48 of -the document book. - -Manusevitch was imprisoned by the Germans in Yanov Camp, where he worked -in the prisoners’ squad for burning corpses of murdered Soviet citizens. -After the 40,000 corpses murdered in Yanov Camp were burned, the squad -was transferred for similar purposes to the camp in Lissenitzky Wood. - -I now quote from the record of the interrogation, which the Tribunal -will find on Page 52 of the document book, Paragraph 2 from the top, -Line 26. I begin: - - “In the death factory of this camp special 10-day courses on - corpse burning were organized, on which 12 men were employed. - Pupils attending these courses came from the camps of Lublin, - Warsaw, and others whose names escape me. I do not know the - surnames of the pupils, but they were officers from colonels to - sergeant majors, not soldiers from the rank and file. The - instructor at these courses was the officer in command of - crematories, Colonel Schallok. On the site where the bodies were - exhumed and burned he explained the practical manner of their - burning and how to set up the machinery for bone crushing.” - -Later on, photographs of this machine will be submitted to the Tribunal -together with a description, or rather, I should say, technical -directions. - - “Schallock further explained the manner in which the pit was - levelled over, the earth sifted, and trees planted over it, and - how the ashes of the human corpses were scattered and concealed. - Courses of this nature continued for a considerable period. - During my sojourn, that is, during the 5½ months that I worked - in the camps of Yanov and Lissenitzky, 10 groups of military - students graduated successfully.” - -For the education of adolescents, the German fascists created a special -organization, the so-called Hitler Youth (Hitlerjugend). The Defendant -Baldur von Schirach was for quite a long time the head of this -organization. - -What kind of methods were used for the education of German youth by the -fascist criminals is described by a French subject, Ida Vasso, the -directress of a hostel for aged Frenchmen in Lvov. During the German -occupation of Lvov, she had an opportunity of visiting the Lvov ghetto. -In her statement to the Extraordinary State Commission, Vasso described -the local system for the extermination of human beings. - -From Vasso’s statement it is obvious that the Germans educated the -Hitler Youth by training these young fascists to shoot at living -targets—at children specially handed over to the Hitler Youth to serve -as targets. - -Vasso’s statement was checked by the Extraordinary State Commission of -the Soviet Union and fully confirmed. In confirmation of this evidence I -will submit to the Court Exhibit Number USSR-6 (Document Number USSR-6), -which is a report by the Extraordinary State Commission, entitled, -“German Atrocities Perpetrated in the Territory of the Lvov Region.” - -I now quote from Vasso’s statement in this connection. It is included in -the text of the report as a certified document, on Page 6-c of the -document book. The Tribunal will find Vasso’s statement on the reverse -side of Page 59, Paragraph 5, beginning from Line 14 from the beginning -of the paragraph: - - “. . . the little children were martyrs. They were handed over - to the Hitler Youth who used them as living targets while - learning how to shoot. No mercy for others, all for - themselves—this was the motto of the Germans. The whole world - must learn of their methods. We, who were the helpless witnesses - of these revolting scenes, must speak of those horrors in order - that everybody should know of them and, what is more important, - should never forget them since no vengeance will ever bring the - millions of dead back to life again.” - -Your Honors can turn to the same Page 59 of the document book, Line 10 -from the beginning of the second paragraph. Here the Tribunal will find -the official confirmation of Vasso’s statement. The Extraordinary State -Commission established that, in Lvov, the Germans: - - “Spared neither men, women, or children. The adults were simply - killed on the spot; the children were given to the Hitler Youth - for target practice.” - -In this manner were created, educated, and trained the amoral -monstrosities who were called upon to materialize the program of the -major war criminals for the actual destruction of the population in the -Eastern European countries. The fascist government had no need to fear -that the “Standard Bearers of the National Socialist Revolution” in the -East would show any traces of humanity at all. - -THE PRESIDENT: Colonel Smirnov, I hope you will forgive my interrupting -you; but as I had to point out to Colonel Pokrovsky just now, we really -don’t want any comment upon each one of these documents. The passage you -have just read to us now is nothing but comment upon the frightful -document which you have just read. It all takes time. If you could find -your way to cut out the comment after these documents and simply to -present us with the documents, it will save time. - -MR. COUNSELLOR SMIRNOV: I will now quote an excerpt from the testimony -of the witness Manusevitch, previously submitted as Exhibit Number -USSR-6(c) (8), the passage where he speaks of the activities of the -Yanov Camp administration. He was a witness of these activities when -working in a special squad of prisoners employed for burning the corpses -of people murdered in this camp—Page 3 of the minutes of the -interrogatory. The Tribunal will find this document on Page 50 of the -document book, Line 25 from the top. I quote this passage as an -illustration of the execution squads created by the Hitlerites and of -some of the atrocities perpetrated by them: - - “Apart from the shootings in Yanov Camp various forms of torture - were practiced, namely, in winter a barrel would be filled with - water and a man, with hands and feet tied, would be thrown into - the barrel, where he froze to death. Yanov Camp was surrounded - by a barbed wire entanglement consisting of two rows of barbed - wire, 120 centimeters apart. A man would be thrown in and left - there for several days on end. He could not extricate himself - from the wire and he eventually perished from hunger and thirst. - But prior to being thrown into the barbed wire, he would nearly - have been beaten to death. A man would be strung up by the neck, - hands, and feet. Dogs would be set on him and the dogs would - tear him to pieces. Human beings were used as targets for - shooting practice. This was mostly done by the following members - of the Gestapo: Heine, Müller, Blum, Camp Commandant Willhaus, - and others whose names escape me. People would be beaten till - they nearly died, dogs would then be set on them who tore the - victims to pieces. A man was given a glass to hold and was then - stood up to serve as a target in shooting practice; if the glass - was hit, the man was spared, but if he was shot in the hand he - was immediately killed after being told that he was no longer - fit for work. Men would be taken by the legs and torn in two. - Infants from 1 month to 3 years old were thrown into buckets of - water and left to drown. A man would be tied to a post facing - the sun and kept there till he died of sunstroke. In addition, - before men were sent to work, they were subjected to a so-called - examination for physical fitness. The men were made to run a - distance of 50 meters and if one of them ran well—that - is—rapidly and without stumbling—he remained alive while the - rest were shot. There was, in the same camp, a small, - grass-covered plot. Here, too, footraces were run and anybody - who stumbled in the grass and fell was promptly shot. The grass - grew higher than a man’s knee. Women were strung up by the hair, - after first having been stripped naked, swung in the air, and - left to hang till they died. - - “There was also the following case: a Gestapo man, Heine, made a - young lad stand up and cut pieces of flesh from his body. - Another man was wounded 28 times in the shoulders with a knife. - The wounds healed and he worked in a death brigade. He was - subsequently shot. Near the kitchen, during the distribution of - coffee, the executioner Heine, whenever he was on duty, would go - up to the first man in the line and ask, ‘Why are you standing - in front of the others?’ and shoot him dead. In this way he shot - quite a lot of people. He would then go to the end of the queue - and ask, ‘Why are you the last in the line?’ and shoot him as - well. I personally witnessed these atrocities during my - imprisonment in Yanov Camp. . . .” - -The testimony of the witness Manusevitch, which I have read into the -record, was fully confirmed by the official report of the Extraordinary -State Commission of the Soviet Union entitled, “German Atrocities -Perpetrated in the Lvov Region.” Further on Manusevitch speaks mainly -about the activities of officials in the lower and middle rank of the -camp administration. It is evident from the official report of the -Extraordinary State Commission that a system of the vilest ill-treatment -practiced upon the helpless people was initiated and organized by the -upper ranks of the camp administration, who invariably set their -subordinates personal examples of inhuman behavior. - -I will not make any comment on this document, although I do beg the -Tribunal to take note of a certain Obersturmführer Willhaus mentioned in -this document. - -The Tribunal will find the excerpt which I shall now read into the -Record on Page 58 of the document book—on the reverse side of the page, -Column 1 of the text. I quote: - - “SS Hauptsturmführer Gebauer established a savage system of - murder in Yanov Camp, which, after his transfer to another post, - was perfected by the camp commandant, SS Obersturmführer Gustav - Willhaus and SS Hauptsturmführer Franz Wartzok. - - “A former inmate of the camp told the commission: - - “‘I have seen with my own eyes how SS Hauptsturmführer Fritz - Gebauer strangled women and children and froze men to death in - barrels filled with water. The hands and feet of the victims - were shackled before they were lowered into the water. Those - doomed to die remained in the barrels until they froze to - death.’ - - “According to the testimonies of numerous Soviet prisoners of - war and also of French citizens held in German camps, it was - established that the German thugs invented the most vicious - methods for exterminating human beings, a fact which they - considered as particularly praiseworthy and in which they were - encouraged both by the higher military command and by the - government. - - “SS Hauptsturmführer Franz Wartzok, for instance, loved to hang - internees by both feet on posts and leave them in this position - until they died; Obersturmführer Rokita personally slashed open - the bellies of the prisoners. The chairman of the investigation - section of the Yanov Camp, Heine, pierced the bodies of - internees with sticks or a piece of iron; he would tear out the - finger nails of women with pliers, then he would strip his - victims, hang them up by their hair, swing them out and shoot at - the ‘moving targets.’ - - “The commandant of the Yanov Camp, Obersturmführer Willhaus, - systematically shot with an automatic rifle from the balcony of - his office room the prisoners employed in the workshops, partly - for sheer love of sport and partly to amuse his wife and - daughters. He would then hand his rifle to his wife and she too - had a shot at the prisoners. Sometimes, to please his 9-year-old - daughter, he had children between the ages of 2 and 4 years - tossed in the air and then took pot shots at them, while his - daughter applauded and shrieked, ‘Papa, do it again; do it - again, Papa!’ And he did it again. - - “The internees of this camp were exterminated for no reason at - all, often as a result of a bet. A woman witness, Kirschner, - informed the Investigating Commission that a Gestapo Commissar, - Wepke, bet the other camp executioners that he could cut a boy - in half with one stroke of the axe. They did not believe him. So - he caught a 10-year-old boy on the road, made him kneel down, - told him to hide his face in the folded palms of his hands, made - one test stroke, placed the child’s head in a more convenient - position and with one single stroke cut the boy in half. The - Hitlerites heartily congratulated Wepke, shaking him warmly by - the hand. - - “In 1943, for Hitler’s birthday—his 54th—the commandant of the - Yanov Camp, Obersturmführer Willhaus, picked out 54 prisoners of - war and shot them himself. - - “A special hospital for prisoners was organized in the camp. The - German hangmen Brambauer and Birman checked up the patients on - the 1st and 15th day of each month; and, if they discovered that - among the patients there were some who had been in the hospital - for over 14 days, they shot them on the spot. Six or seven - people were killed during each investigation. - - “The Germans executed their tortures, ill-treatments, and - shooting to the accompaniment of music. For this purpose they - created a special orchestra selected from among the prisoners. - They forced Professor Stricks and the famous conductor Mund to - conduct this orchestra. They requested the composers to write a - special tune, to be called the ‘Tango of Death.’ Shortly before - dissolving the camp the Germans shot every member of the - orchestra.” - -Later on I will present to the Tribunal, as a photo-document, -photographs of this “orchestra of death.” - -What took place in Yanov Camp was in no way exceptional. In exactly the -same manner the German fascist administration behaved in all -concentration camps in the occupied area of the Soviet Union, Poland, -Yugoslavia, and other Eastern European countries. - -I submit to the International Military Tribunal Exhibit Number USSR-29 -(Document Number USSR-29). It is a communiqué of the Polish-Soviet -Extraordinary State Commission for the investigation of the crimes -perpetrated by the Germans in the extermination camp of Maidanek in the -city of Lublin. The Tribunal will find this communiqué on Page 63 of the -document book. I quote Section 3 of this document, “Tortures and Murder -in the Extermination Camp”—Page 64 reverse side of the document book, -beginning with the last paragraph of the first column of the text: - - “The forms of torture were extremely varied. Some of them were - in the nature of so-called jokes which frequently ended in - death. They included mock-shooting when the victim was rendered - insensible by a blow over the head with a blunt instrument, and - mock drownings in the pond of the camp which often ended in - actual drowning. - - “Among the German executioners were specialists in particular - methods of torture. Prisoners were killed by a blow with a stick - on the back of the head, by a kick in the stomach, in the groin, - _et cetera_. - - “The SS torturers drowned their victims in the dirty water - flowing from the bathhouse through a narrow ditch. The head of - the victim was plunged into the dirty water and kept under by - the boot of an SS man until he died. A favorite method of the - Hitler SS was to hang prisoners with their hands bound behind - their back. The Frenchman, De Courantin, who suffered the - torture in question, stated that a man hanged in this manner - lost consciousness very rapidly, whereupon the hanging would be - interrupted. He was hanged again as soon as consciousness was - recovered and the process was repeated several times. - - “For the smallest offense, particularly for any suspicion of - escape, the camp internees were hanged by the German fiends. In - the middle of each field stood a post with a cross beam 2 meters - above ground, from which the victims were hanged. ‘I saw from my - barracks,’ said witness Demashev, former camp internee and - Soviet prisoner of war, ‘how people were hanged from the beam in - the middle of the field.’ - - “Close to the laundry, in the entresol between the first and - second floor, was a special shed with beams from the ceilings - where prisoners were hanged in whole groups.” - -The women interned in the camp were subjected to the same ill-treatment -and torture; they suffered the same forms of control, of work beyond -their strength, of beating, and ill-treatment. The greatest cruelty was -exercised by the female personnel of the SS. The worst were the chief -woman supervisor Erich, and the supervisors Braunstein, Anni David, -Weber, Knoblick, Ellert, and Radli. - -The Commission has established many facts of unparalleled brutality -perpetrated by the German executioners in the camp. - -The German, Heinz Stalbe, chief of the camp police, at a plenary meeting -stated that he had seen with his own eyes how the director of the -crematory, Oberscharführer Mussfeld, tied the arms and legs of a Polish -woman and threw her into the furnace alive. The witnesses Yelinski and -Olech—workers in the camp—also stated that internees had been burned -alive in the crematory ovens: - - “An infant was snatched from its mother’s breast and dashed - before her eyes against the wall of the barrack”—stated witness - Atrochov—“I saw for myself how infants were taken from their - mothers and murdered before their eyes: One small leg would be - seized by a hand, the executioner would stand on the other and - the infant would be torn in half”—stated witness Edward Baran. - - “The deputy camp commandant, SS-Obersturmführer Tumann was - particularly noted for his sadistic tendencies. He forced groups - of internees to kneel in a row and then killed them by blows on - the head with a stick. He set Alsatian dogs on the internees. He - participated actively and energetically in all executions and - killings of the prisoners. - - “Thus hunger, work beyond their strength, torture, torment, - ill-treatment, and murder accompanied by unheard-of sadism were - employed for the mass extermination of the captives in the - camp.” - -To prove that these sophisticated and sadistic crimes were not -exclusively characteristic of the SS or the special police units, but -that the major war criminals had deliberately plunged whole strata of -the personnel of the German Armed Forces into the very depths of moral -degradation, I turn to the contents of a note by the People’s Commissar -for Foreign Affairs of the U.S.S.R., V. M. Molotov, dated 6 January -1942, which was submitted to the Tribunal as Exhibit Number USSR-51. -Your Honors will find the passage I am about to quote on the reverse -side of the document book, Paragraph 4, Column 1 of the text. I begin -the quotation: - - “There are no bounds to the wrath and indignation aroused among - the Soviet population and in the Red Army by the innumerable and - despicable acts of violence, the foul outrages perpetrated - against the honor of the women and the mass murders of Soviet - citizens, both men and women, carried out by the German fascist - officers and men. Wherever the rule of the German bayonet begins - to hold sway, an unbearable regime of bloody terror, agonizing - torture, and savage murder is introduced. The robberies - committed everywhere by the German officers and men are - invariably accompanied by the beating and murder of immense - numbers of entirely innocent people. For failure to deliver up - food supplies to the very last crumb, and all clothing, down to - the very last shirt, the occupants torture and hang old and - young, women and children. At forced labor they beat up and - shoot for all defective execution of the established quota of - work. - - “On 30 June Hitler’s thugs entered the city of Lvov, and on the - very next day they started a massacre under the slogan, ‘Kill - the Jews and the Poles.’ After hundreds had been put to death - the Hitler gangsters arranged an ‘exhibition’ of the murdered - citizens by building an arcade. The mutilated bodies, mostly of - women, were laid out along the walls of the houses. The place of - honor in this ghastly ‘exhibition’ was occupied by the corpse of - a woman whose baby had been pinned to her with a bayonet. - - “Such were the monstrous atrocities of the fascists from the - very outbreak of the war. Wallowing in innocent blood, the - Hitlerite blackguards are still continuing their dastardly - crimes. - - “In the hamlet of Krasnaya Polyana near Moscow, on 2 December, - the German fascist dastards assembled all the local inhabitants - between the ages of 15 and 16, locked them up in the icy - premises of the district executive committee building in which - all the window panes had been knocked out, and kept them there - for 8 days without food or water. The infant children of the - women workers of the Krasnaya Polyana factory, A. Zaitseva, T. - Gudkina, O. Naletkina, and M. Mikhailova, died in the arms of - their mothers during this ordeal. - - “Numerous instances are on record of Soviet children having been - used as practice targets by the Hitlerites. - - “In the village of Bely Rast, in the Krasnaya Polyana district, - a gang of drunken German soldiers put 12-year-old Volodia - Tkachev up on the porch of one of the houses as a target and - opened fire on the boy with an automatic rifle. The boy was - riddled with bullets. After that the thugs began to fire random - shots at the windows of houses. They stopped a collective farm - woman, I. Mossolova, who was passing in the street with her - three children, and there and then shot her and the children - dead. - - “In the village of Voskressenskoye of the Dubinin District, the - Hitlerites used a 3-year-old boy as their target, firing at him - with their machine guns. - - “In the regional center of Volovo in the Region of Kursk, where - the Germans stayed for a space of 4 hours, a German officer - killed the 2-year-old son of a woman named Boikova by dashing - the child’s head against a wall merely because it was crying. - - “In the village soviet of Zlobin, in the district of Orel, the - fascists killed the 2-year-old child of a collective farmer, - Kratov, because his crying disturbed their sleep. - - “In the village of Semenovskoe, in the region of Kalinin, the - Germans bound with twine the arms of Olga Tikhonova, the - 25-year-old wife of a Red Army man and mother of three children, - who was in the last stage of pregnancy, and raped her. After - violating her the Germans cut her throat, stabbed her through - both breasts, and sadistically bored them out. In the same - village the occupants shot a boy of 13 and cut out a - five-pointed star on his forehead. - - “In November the telegraph operator of the town of Kalinin, - Ivanova, went to visit relatives in the village of Burashevo, - near Kalinin, together with her 13-year-old son Leonid. When - they left the town they were noticed by some Hitlerites, who - began shooting at them from a distance of 60 meters; as a result - the boy was killed. The mother made several attempts to carry - away the child’s body, but whenever she tried to do so the - Germans opened fire and she had to leave the body there. For 8 - days the German soldiers would not let her remove the body. It - was only removed and buried by the mother when the place was - occupied by our troops.” - -Mention is made, further on in the note, of another child victim of the -fascists. The Tribunal will see this murdered boy in our filmed -documentary evidence. I would ask the Tribunal to pay attention to the -further words of the “note” which I shall read into the Record: - - “In Rostov-on-Don a pupil of the commercial school, 15-year old - Vitya Cherevichny, was playing in the yard with his pigeons. - Some passing German soldiers began to steal the birds. The boy - protested. The Germans took him away and shot him, at the corner - of 27th Line and 2d Maisky Street for refusing to surrender his - pigeons. With the heels of their boots the Hitlerites trampled - his face out of all recognition. - - “The village of Bassmanova, in the Glinka district of the - Smolensk region, liberated by our troops early in September was - one mass of ashes after the German occupation. On the very first - day of their arrival, the fascist fiends drove into the fields - over 200 schoolboys and girls who had come to the village to - help in the harvesting. There they surrounded them and savagely - shot them all. A large group of schoolgirls was abducted to the - rear ‘for their lordships, the officers.’ - - “The seizure of towns or villages usually begins with the - erection of a gallows on which the German executioners hang the - first civilians they can lay their hands on. Moreover, they - leave the bodies hanging on the gallows for days and even weeks. - They do the same with the people they shoot in the streets of - the towns and villages, leaving the bodies untended for days on - end. - - “After the seizure of Kharkov, the German thugs hanged several - people from the windows of a large house in the center of the - city. Furthermore, in the same city of Kharkov on 16 November 19 - persons, including one woman, were hanged from the balconies of - a number of houses.” - -The bestial acts of violence perpetrated against the women everywhere -testify to the profound moral corruption of the criminals. I shall quote -from that passage in the note which Your Honors will find on Page 4, -Paragraph 4, of the document book: - - “Women and young girls are vilely outraged in all the occupied - areas. - - “In the Ukrainian village of Borodayevka, in the Dniepropetrovsk - region, the fascists violated every one of the women and girls. - - “In the village of Berezovka, in the region of Smolensk, drunken - German soldiers assaulted and carried off all the women and - girls between the ages of 16 and 30. - - “In the city of Smolensk the German Command opened a brothel for - officers in one of the hotels into which hundreds of women and - girls were driven; they were mercilessly dragged down the street - by their arms and hair. - - “Everywhere the lust-maddened German gangsters break into the - houses, they rape the women and girls under the very eyes of - their kinfolk and children, jeer at the women they have - violated, and then brutally murder their victims. - - “In the city of Lvov, 32 women working in a garment factory were - first violated and then murdered by German storm troopers. - Drunken German soldiers dragged the girls and young women of - Lvov into Kesciuszko Park, where they savagely raped them. An - old priest, V. I. Pomaznew, who, cross in hand, tried to prevent - these outrages, was beaten up by the fascists. They tore off his - cassock, singed his beard, and bayonetted him to death. - - “Near the town of Borissov in Bielorussia, 75 women and girls - attempting to flee at the approach of the German troops, fell - into their hands. The Germans first raped and then savagely - murdered 36 of their number. By order of a German officer named - Hummer, the soldiers marched L. I. Melchukova, a 16-year-old - girl, into the forest, where they raped her. A little later some - other women who had also been dragged into the forest saw some - boards near the trees and the dying Melchukova nailed to the - boards. The Germans had cut off her breasts in the presence of - these women, among whom were V. I. Alperenko, and V. H. - Bereznikova. - - “On retreating from the village of Borovka, in the Zvenigorod - district of the Moscow region, the fascists forcibly abducted - several women, tearing them away from their little children in - spite of their protests and prayers. - - “In the town of Tikhvin in the Leningrad region, a 15-year-old - girl named H. Koledetskaya, who had been wounded by shell - splinters, was taken to a hospital (a former monastery) where - there were wounded German soldiers. Despite her injuries the - girl was raped by a group of German soldiers and died as a - result of the assault.” - -I omit one paragraph and continue: - - “But, the Hitlerites do not stop at the murder of individual - Soviet citizens. Among the most appalling atrocities in the - history of Hitlerite lawlessness and terrorism on German - occupied Soviet territory are the nightmare mass murders of - Soviet citizens which usually accompany the temporary seizure by - the Germans of Soviet towns, villages, and other inhabited - centers. - - “Here are a few instances of wholesale bloody murders carried - out by the Germans against entire villages. In Yaskino, a - village in the region of Smolensk, the Hitlerites shot all the - old men and adolescents, and burnt the houses down to the - ground. In the village of Pochinok of the same region, the - Germans drove all the old men, old women, and children into the - collective farm office, locked the doors and burnt them all - alive. In the Ukrainian village of Yomelchino in the region of - Zhitomir, the Germans locked 68 people into a small hut, sealed - the doors and windows and asphyxiated to death everybody inside. - In the village of Yershevo, of the Zvenigorod district in the - Moscow region now liberated by our troops, the Germans prior to - their withdrawal drove about 100 peaceful citizens and wounded - Red Army men into a church, locked them in, and blew up the - building. In the village of Agrafenovka of the Rostov region, on - 16 November, the fascists arrested the entire male population - between the ages of 16 and 70 and shot one man of every three.” - -The subsequent part of the note deals with the mass German crimes known -as “actions” and particularly to the “actions” in Kiev. I invite the -attention of the Tribunal to the fact that the figure of those murdered -in Babye-Yar—as mentioned in this note—is an understatement. After the -liberation of Kiev it was established that the extent of the atrocities -perpetrated by the German fascist invaders far exceeds the German crimes -as stated in the first instance. - -From further information submitted to the Extraordinary State Commission -of the Soviet Union, in connection with the city of Kiev, it is evident -that during the monstrous so-called German mass “action” in Babye-Yar -not 52,000 but 100,000 were shot. I now continue to quote from Page 4, -of the document book, Paragraph 3: - - “Terrible massacres and pogroms were carried out by the German - invaders in the Ukrainian capital of Kiev. In the course of a - few days the German bandits tortured and murdered 52,000 men and - women, aged people and children, ruthlessly doing to death all - Ukrainians, Russians, and Jews who in any way displayed their - loyalty to the power of the Soviet. Soviet citizens who - succeeded in escaping from Kiev give a shattering picture of one - of these mass executions: A large number of Jews, including - women and children of all ages, were assembled in the Jewish - cemetery. Before shooting them the Germans stripped them naked - and then beat them. The first group marked for execution was - forced to lie, face downwards at the bottom of a ditch, where - the Jews were shot with automatic rifles. The Germans then - lightly sprinkled some earth over the dead bodies, made the next - batch lie down in a row over the first and shot them in the same - way.” - -I skip a paragraph and continue with the quotation. You will have the -opportunity of seeing the Hitlerite crimes mentioned in the note. The -German atrocities in Rostov are shown in great detail in the filmed -documentary evidence. - - “The Nazi blood-thirstiness towards the citizens of Rostov has - become well known. During their 10 days’ sojourn in Rostov the - Germans not only wreaked vengeance on separate individuals and - families, but in their blood-lust they annihilated tens and - hundreds of inhabitants, especially in the working-class - districts of the city. Near the premises of the Railway Board, - German machinegunners shot 48 people in broad daylight. Sixty - people were shot by the Hitlerite assassins on the sidewalks of - the main street of Rostov. Two hundred people were murdered in - the Armenian cemetery. Even after their expulsion from Rostov by - our troops, German generals and officers publicly boasted that - they would return to Rostov purposely to vent bloody retribution - on the inhabitants, who had actively helped to drive their - mortal enemy from their native city.” - -On the immediate initiative of the command and officers of the units and -formations of the German fascist armies, the advancing and retreating -movements of their troops were often protected by the peaceful citizens, -preferably by women, old men, and children. - -I make no comment but I do consider it necessary to stress the fact that -only those people acted like that who had perfectly understood Keitel’s -directive—so well known to the Tribunal—that human life “in the -countries to which the directive refers, is worth exactly nothing at -all.” - -I quote further from the note of the People’s Commissar for Foreign -Affairs, Page 7 of the document book, the last paragraph: - - “In addition to all that has already been stated, the Soviet - Government have in their possession documentation bearing on the - systematically repeated monstrous atrocities of the German - fascist command, such as the use of Soviet civilians to cover - German troops during battle with the Red Army. - - “On 28 August 1941 German fascist troops attempted to force the - River Ipput. Powerless to overcome the stubborn resistance of - the Red Army units, they assembled the population of the - Bielorussian town of Dobrush in the Gomel region, and by - threatening to shoot those who refused, drove women, children, - and old people before them, using them as a shield when they - attacked in battle formation. - - “The same dastardly crime against the civilian population was - repeated by the German Command in the Vybori Collective Farm - Sector of the Leningrad region as well as in the district of - Yelna, in the region of Smolensk. The fascist thugs continue to - resort to this brutal and cowardly method right up to the - present day. On 8 December the Hitlerites made use of the local - civil population to cover their retreat from the village of - Yamnoye, in the region of Tula. On 12 December, in the same - region, they assembled 120 persons—old people and children—and - made them march in the vanguard of their troops during - engagements with the advancing units of the Red Army. In the - fight by our troops for the liberation of the city of Kalinin, - units of the German 303rd Regiment, 162d Division, attempting to - launch a counter-attack, assembled the women of one of the - suburban villages, placed them in the vanguard of their troops, - and then went into action. Fortunately the Soviet troops - succeeded, when beating off the attack, in driving a wedge - between the Hitlerites and their victims thereby saving the - lives of the women.” - -In order to satisfy the needs of the German fascist armies and in -violation of all international conventions, the criminals employed the -civil population for particularly dangerous work, especially for -clearing the mine fields. I will quote an extract from the second part -of this note, which the Tribunal will find on Page 2 of the document -book, Paragraph 4. I quote: - - “Wherever German troops and German authorities made their - appearance on Soviet territory, a regime of brutal exploitation, - tyranny, and arbitrary rule was immediately established as far - as the defenseless civil population was concerned. With a - complete disregard for age or conditions of health, and after - having taken or destroyed the houses of the Soviet citizens, a - great number of these were brought to concentration camps by the - Hitlerites and were compelled, under threat of torture, - shooting, or death by starvation, to perform, gratuitously, - various kinds of heavy labor, including work of a military - nature. In a number of cases, civilians employed on one or - another job of a military nature were summarily shot to ensure - secrecy. - - “Thus, for instance, in the village of Kolpino, in the region of - Smolensk, the invaders drove all the farmers off to work on - building bridges and dugouts for German units. Upon the - completion of the construction of these fortifications, all - these farmers were shot.” - -THE PRESIDENT: Perhaps this would be a good time to break: off. - -COUNSELLOR SMIRNOV: Yes, sir. - - [_The Tribunal adjourned until 15 February 1946 at 1000 hours._] - - - - - SIXTIETH DAY - Friday, 15 February 1946 - - - _Morning Session_ - -THE PRESIDENT: There are certain matters of a procedural nature which -the Tribunal desire to consider before they consider the question of an -adjournment. Accordingly they will not sit tomorrow in open session for -consideration of the question of an adjournment, but they will sit -tomorrow morning at 10 o’clock in closed session for consideration of -these matters of a procedural character, and they will sit on Monday -morning at 10 o’clock for half an hour to hear argument in open session -on the question of an adjournment, one counsel being heard on each side -and only for 15 minutes. - -MR. COUNSELLOR SMIRNOV: I interrupted the quotation of a document on -Page 3 of the document file, second paragraph, first column of the text. -I consider it possible to skip many items contained in this document, as -these facts simply confirm further the general conclusions which were -expressed in the beginning of the document and which were already -confirmed by many facts read into the record by me yesterday. I only beg -the Tribunal to allow me to draw their attention to one of the -stipulations in the note which the Tribunal will find on Page 3 of the -book of documents, second paragraph, first column of the text. It states -that the civilian inhabitants were forcibly sent to concentration camps, -thus artificially and illegally increasing the number of prisoners of -war and subjecting the peaceful population to the inhuman regime which -was established by the German fascist authorities for the prisoners of -war. - -I submit to the Tribunal further an extract from the minutes of the -court-martial of a military tribunal of the 374th Liuban Infantry -Division, held on 29 October 1944. This document is submitted as Exhibit -Number USSR-162 (Document Number USSR-162). The Tribunal will find this -document on Page 67 of the document file. - -DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): I would like -to make two motions regarding the questions relative to the submission -of evidence in this case as well as to the general procedure. The first -motion is that I would like to ask, with reference to Article 21, that -the submission of documents to the investigation commission, as well as -any reference to them, be prohibited inasmuch as these documents do not -contain definite information about the source of the information -discussed here; secondly, that the written statements, which contain -only summary information be read without any personal observations, and -that the reading of such statements be permitted only if the -cross-examination of the author as a witness is possible. - -I should like to submit the following reasons: Article 19 of the Charter -permits all evidence which has probative value. Article 21 gives the -Court the right to ask for proof regarding documents submitted to the -so-called “investigation committees.” The purpose of both articles, -however, is to facilitate the submission of proof. The admission of -written statements of various kinds leads to the danger that such -statements would discriminate against an entire people and an entire -nation. Then the demand of the Defense that only such proof, such -documents where this danger has been eliminated, as far as possible, be -admitted, seems to be justified. - -Many of the written statements and excerpts from committee reports read -by the Russian Prosecution have had no probative value; but, -furthermore, since they cannot be checked—their contents cannot be -checked—they design to give a wrong impression about historical events. - -THE PRESIDENT: Why does it not come within the last two lines of Article -21: “The records and findings of military or other tribunals of any of -the United Nations?” - -DR. KAUFFMANN: Yes, the Defense is of the opinion that Article 21 -permits an interpretation. Article 21 permits the reading of such -documents and such reports, but does not say anything about the extent -to which it has been necessary for the defendants’ counsel to check the -sources upon which these reports of the investigating authorities are -based. We are of the opinion that the witnesses who have been -questioned, for reasons of compassion, of vengeance, _et cetera_, have -not been in a position to describe the events objectively. As jurists we -know that it is exceedingly difficult to describe even simple events -truthfully. Therefore, we have the duty and the responsibility for the -German people to try to check these sources and to help thereby to -explain and clarify the real course of events, which we see somewhat -differently. - -THE PRESIDENT: Defendants’ counsel will have the opportunity at the -proper time of criticizing any evidence which is offered by the -Prosecution. They will be able to point out whether it is possible that -certain evidence was given out of sympathy; they will be able to -criticize the evidence which is given in any way they choose at the -proper time. But this is not the proper time. - -Article 21 is perfectly clear, and it directs the Tribunal to take -judicial notice of the various documents which are there set out, and -expressly refers to the records and findings of military or other -tribunals of any of the United Nations. This is a record and finding of -a military tribunal of a Soviet court. Therefore, the Tribunal is -directed in express terms by Article 21 to take judicial notice of it. -That does not prevent defendants’ counsel, when they make their speeches -in defense, from criticizing the evidence upon which that record and -findings proceed; but to say it ought not to be admitted appears to me, -at any rate, and I think to the other members of the Tribunal, to be -really entirely unfounded as an objection. - -DR. KAUFFMANN: I thank you. - -MR. COUNSELLOR SMIRNOV: May I continue, Mr. President. Thus the document -which has been submitted to the Tribunal will be found on Page 67 of the -document file in their possession. I shall allow myself to repeat in my -own words the biographical data concerning the Defendant Le Court, who -was brought before a court-martial. - -He was not an SS man, but a non-Party senior corporal of the German -Army, 27 years old. He was born and lived, before the war, in the town -of Stargard; was owner of a cinema, and was later mobilized in the army, -where he served in the 1st Company of the 4th Airborne Division. I begin -to quote the statements in evidence given by Le Court contained in the -section entitled “Judicial Investigation” beginning with Paragraph 2. -The Tribunal will find this place in the document book on Page 68, fifth -paragraph. Le Court stated: - - “Prior to my capture by Red Army soldiers, that is, before - February 1944, I served as laboratory assistant in the 1st - Bicycle Company of the 2d Air Force Infantry Regiment of the 4th - Air Force Infantry Division at the headquarters of Air Field - Service E 33/XI. - - “In addition to photographic material, I handled other work when - not on duty, that is to say, I spent my free time for my own - pleasure in shooting Red Army prisoners of war and peaceful - citizens and soldiers. I used to jot down in a special book the - number of prisoners of war and peaceful citizens I had shot.” - -I omit three paragraphs describing the shooting of prisoners of war by -Le Court, and continue the quotation. . . . - -THE PRESIDENT: Colonel Smirnov, the passage that you read a moment ago -about jotting down the numbers in his book does not occur in the -translation which is before me. I do not know whether it is in your -original. I suppose it is. Are you sure it is in the original? - -MR. COUNSELLOR SMIRNOV: It is there, Mr. President. Mr. President, I -just verified this extract which I am quoting with the original book of -documents. It corresponds exactly to the text. - -THE PRESIDENT: Very well. I only wanted to be certain that it was in the -original, as it did not occur in the translation before me. You can -continue. - -MR. COUNSELLOR SMIRNOV: I interrupted the quotation on Page 68, and -omitted three paragraphs. Thus, I came to Page 69. Perhaps this is the -reason why the President of the Tribunal could not find the sentence I -quoted. I continue the quotation: - - “Besides the shooting of prisoners of war, I also shot - guerrillas, peaceful citizens, and burned houses, together with - their inhabitants. - - “In November 1942 I participated in the shooting of 92 Soviet - citizens. - - “From April to December 1942, while a member of the Air Force - Infantry Regiment, I participated in the shooting of 55 Soviet - citizens. I took care of the actual shooting.” - -I omit a paragraph and continue: - - “In addition, I participated in punitive expeditions when I - personally set fire to houses. - - “Altogether more than 30 houses in various villages were burned - down by me. I arrived in the village with the punitive - expedition, entered the houses and warned the population that no - one was to leave the houses, which were going to be burned. I - set fire to a house, and when anybody tried to save - himself—nobody was allowed to leave—I drove him back into the - house or shot him. In that way I burned more than 30 houses and - 70 peaceful citizens, mainly aged men, women, and children. - - “Altogether I have personally shot 1,200 persons.” - -For the purpose of saving time I omit six paragraphs and quote further. -You will find this on Page 70 of the document book: - - “The German High Command promoted in every way the shooting and - killing of Soviet citizens. In recognition of good work and - service in the German Army, which found expression in the - shooting by me of prisoners of war and Soviet citizens, I was - promoted before my promotion was due, on 1 November 1941, to the - rank of senior corporal. This promotion should have come about - on the 1st of November 1942; at the same time I was awarded the - East Medal.” - -Le Court was in no way an exception, and in confirmation of this I shall -now refer briefly to the verdict of the trial held in the town of -Smolensk by the district military tribunal against a group of former -members of the German Army who were brought to justice for committing -atrocities against peaceful citizens and prisoners of war in the town of -Smolensk. This document was submitted to the Tribunal by my colleague, -Colonel Pokrovsky, as Exhibit Number USSR-87 (Document Number USSR-87), -and joined to the record of the present Trial. The Tribunal will find -this document on Page 71 of the document book. - -I omit all the general part of the verdict, and beg to be allowed to -draw the attention of the Tribunal to that part of the verdict which is -in the ninth paragraph on Page 71 of the document book, which says that -in 80 graves alone, which were opened up and examined by legal-medical -experts in the town of Smolensk and in the district of Smolensk, over -135,000 corpses of Soviet citizens—women, children, and men of various -ages—were discovered. - -I skip the second page of the verdict and come to that part of the -document which gives a description of the criminal deeds of individual -defendants brought to trial under these charges. I shall not quote data -regarding all 10 defendants, but only 2 or 3 of them. - -The Tribunal will find this part on Page 73 of the document book. This -is the sixth paragraph of the text. I quote: - - “Hirschfeld was interpreter for the German Military Command in - the District Kommandantur of Smolensk. He personally beat and - seized for treason perfectly innocent Soviet citizens, without - consideration for sex and age, and forced them to make false - statements. On receiving these false statements forced from them - by beatings, the arrested persons were shot by the Kommandantur - troops. Hirschfeld participated personally in the annihilation - of Soviet citizens in Smolensk in May 1943, by means of - asphyxiation through carbon-monoxide in gas vans. In January and - February 1943, he participated in punitive expeditions against - guerrillas and against peaceful Soviet citizens in the district - of Newel-Uswjati. While he was commanding the German punitive - unit, he committed, together with his soldiers, acts of violence - against the peaceful population.” - -THE PRESIDENT: Colonel Smirnov, in the Tribunal’s translation into -English, we have missing pages from 34 up to 45. Do you think that those -pages could be found? On our pages—I think your pagination is -different—but the document that you are now referring to, USSR-87, -begins on Page 34 of our translation, and the translation then skips to -Page 45. - -MR. COUNSELLOR SMIRNOV: Mr. President, I am not quoting the numbers of -pages of the translation, but the pages of the document book. - -THE PRESIDENT: Yes, I follow that, but I was only wondering whether, by -a slip possibly, that these pages had been translated and perhaps had -not got into our copy of the documents and whether they could be found. -You see, we have all pages missing in the translation. - -MR. COUNSELLOR SMIRNOV: Mr. President, I have not yet seen the -translation. If the President will allow me, during the intermission I -shall verify the translation, and shall put the translation file into -complete order. - -THE PRESIDENT: Yes, certainly. Go on in the meantime. - -MR. COUNSELLOR SMIRNOV: Together with his soldiers, he burned nine -Soviet villages and hamlets. He plundered farmers and shot innocent -peaceful Soviet citizens who came out of the woods to get to the piles -of ashes remaining from their burned-down homes in order to search for -food. He participated in the deportation of Soviet citizens into German -slavery. - -I shall allow myself to quote still another excerpt concerning the -defendant named Modisch who was a medical assistant in the German -Military Hospital Number 551. The Tribunal will find this part on Page -73 of the document book, in the last paragraph: - - 2. “Modisch was a medical assistant in the 551st German Military - Hospital in the city of Smolensk from September 1941 until April - 1943. He was an eyewitness and immediate participant in the - killing of prisoners of war, wounded soldiers, and officers of - the Red Army, upon whom the German professors and doctors, - Schemm, Gette, Müller, Ott, Stefen, Wagner, and others carried - out, under the pretext of a cure, various experiments with - previously unknown biological and chemical medicines. After - that, the wounded prisoners of war were infected with - septicaemia and killed.” - -And what had Modisch personally done? I quote further from the same -document: - - “Modisch himself killed, by means of injections of great - quantities of strophantin and arsenic, no less than 24 prisoners - of war, both Red Army men and officers of the Red Army. In - addition, he used, for medical treatment of German military - personnel, the blood of Soviet children, ranging in age from 6 - to 8 years, by taking great quantities of blood from them, after - which the children died. He extracted from Russian prisoners of - war the spinal fluid, whereupon because of emaciation they - suffered paralysis of the lower extremities. He participated - also in the plundering of Soviet medical institutions in the - city of Smolensk.” - -I skip another page in the document. The Tribunal can convince itself -that every one of these 10 defendants brought to trial committed such a -long series of crimes that, according to the laws of any civilized -country, they would be condemned to death. I quote as an example one of -the charges proved during this trial regarding the Defendant Kurt -Gaudian. The extract referring to him will be found by the Tribunal on -Page 74 and on Page 75. I draw the attention of the Tribunal to the fact -that Gaudian raped seven young girls and then killed them. - -I conclude this part by quoting only three lines which state: - - “In the month of July 1943, with his participation, 60 - inhabitants of the district of Osipowitschi were burned in a - stable. The village itself was also burned.” - -I skip a part concerning Hentschke and quote only five lines, on Page 75 -of the document file from that part of the verdict which concerns -Müller, a lance corporal in the 335th Guard Battalion: - - “At various times, the Defendant Müller killed 96 Soviet - citizens, among them old men, women, and babies. Müller raped 32 - Soviet women, of whom 6 were killed after having been raped. - Among the women raped, several were 14- or 15-year-old girls.” - -I do not know whether it is necessary to continue this quotation. I -believe that the nature of these criminals, 7 out of 10 of whom already -have ended their lives on the gallows, has been made clear to the -Tribunal. However, in order to characterize, not the ones who committed -the crimes, but those who were actually responsible for the lives of the -population of the occupied territory in the East, I beg the Tribunal to -allow me to turn to the diary of the Defendant Hans Frank, which has -already been submitted to the Tribunal by our American colleagues as -Document Number 2233-PS. We quote certain extracts from Frank’s diary as -Exhibit Number USSR-223. The Tribunal will find these excerpts on Page -78 of the document book. I quote that part of the excerpt which the -Tribunal will find on Page 86 of the document book, third paragraph, the -first column of the text. - -On 6 February 1940 Frank gave an interview to the _Völkischer -Beobachter_ correspondent, Kleiss. I quote that section of the interview -which was already pointed out to the Tribunal. I begin the quotation: - - “Interview given by the Governor General to the _Völkischer - Beobachter_ correspondent, Kleiss, on 6 February 1940, Page 3: - - “Kleiss: ‘It might be interesting to develop the thesis which - distinguishes a Protectorate from a Government General.’ - - “The Governor General: I might state a striking difference: In - Prague, for instance, there were hung up red posters announcing - that seven Czechs had been shot that day. I then said to myself: - - “‘“If I wished to order that one should hang up posters about - every seven Poles shot, there would not be enough forests in - Poland with which to make the paper for these posters. Indeed, - we must act cruelly.”’” - -The offensive on the Western Front, which began on 10 May 1940, diverted -the attention of world public opinion from the crimes committed under -the personal direction of Frank and permitted Frank to have several -thousand representatives of the Polish intelligentsia condemned to death -by court-martial and physically exterminated. - -I quote Frank’s statement at the police conference held on 30 May 1940, -where this crime was finally decided upon. I begin this quotation on -Page 86 of the document book, sixth paragraph, first column of the text: - - “The offensive in the West began on 10 May. On that day the - center of interest shifted from the events taking place here. It - would be a matter of complete indifference to me whether the - deeds attributed by atrocity propaganda and lying reports all - over the world to the National Socialist authorities in these - districts worried the Americans, the French, the Jews, or the - Pope in Rome for that matter. But it was terrible for me and for - all of them to be told unceasingly during all these months by - the Ministry of Propaganda, the Ministry of Foreign Affairs, the - Ministry of the Interior, and even the Army, that ours was a - regime of murder, that these crimes of ours were to cease and so - forth. And we had to say, of course, we would no longer do it. - It was equally clear that up to that moment, under the - cross-fire of the whole world, we could not do anything of the - kind on a large scale. But since 10 May we are completely - indifferent to this atrocity propaganda. We must use the - opportunity in our hands.” - -I skip now two paragraphs and continue with the quotation: - - “I frankly admit that it will cost the lives of some thousands - of Poles and that these will be taken mainly from leading - members of the Polish intelligentsia. In these times we, as - National Socialists, are bound to ensure that no further - resistance is offered by the Polish people.”—I draw the - attention of the Tribunal to this sentence particularly: - - “I realize the responsibility we are thus assuming.” - -I skip one paragraph and continue the quotation, which the Tribunal will -find on Page 86 of the document file, fifth paragraph. - - “Furthermore, SS-Obergruppenführer Krüger and I have decided - that appeasement measures should be speeded up. I pray you, - gentlemen, to take the most rigorous measures possible to help - us in this task. For my own part, I will do everything in my - power in order to facilitate its execution. I appeal to you as - the champions of National Socialism, and I need surely say - nothing further. We will carry out this measure and I may tell - you in confidence that we shall be acting on the Führer’s - orders. The Führer said to me, ‘The handling of German policy in - the Government General and its establishment on a firm basis is - a matter which devolves personally on the responsible men in the - Government General.’ - - “He expressed himself in this way: The men capable of leadership - whom we have found to exist in Poland must be liquidated. Those - following men must . . . be eliminated in their turn. There is - no need to burden the Reich and the Reich police organization - with this. There is no need to send these elements to Reich - concentration camps, and by so doing involve ourselves in - disputes and unnecessary correspondence with their relations. We - will liquidate our difficulties in the country itself, and we - will do it in the simplest way possible.” - -I conclude this quotation and pass on to Page 87, second paragraph, -first column of the text. I think that this quotation is characteristic, -for it was precisely Frank, as the diary proves, who first thought about -the creation of special concentration camps, later officially known as -“Vernichtungslager” (extermination camps). - -I quote the same speech of Frank, Page 9, first paragraph: - - “As to the concentration camps, we know perfectly well that - concentration camps in the true sense of the word are not going - to be organized in the Government General. Every suspected - person must be immediately liquidated. Internees from the - Government General at present in concentration camps in the - Reich must be handed over to us for ‘Operation AB’ or liquidated - there.” - -I quote further from the same speech in the section—further excerpts -from the diary of Hans Frank concerning the year 1940. The Tribunal will -find this place on Page 94 of the document book, fifth paragraph, first -column of the text. I quote: - - “We cannot burden the concentration camps in the Reich with our - affairs. We had terrible trouble with the Kraków professors. If - we had done the thing from here, it would have been different. - For this reason I would ask you most urgently not to send any - more people to concentration camps in the Reich but to liquidate - them here or to impose punishment according to regulations. Any - other method is a burden for the Reich and a perpetual source of - trouble. We have an entirely different method of treatment here - and we must adhere to it. I must point out expressly that even - if peace is concluded, this treatment will not be altered. Peace - will mean only that as a world power we should continue more - intensively the same general political operations. . . .” - -I deem it opportune to draw the attention of the Tribunal to the fact -that all the major extermination camps were indeed located on the -territory of the Government General. - -There was its own periodicity or cycles in the fascist crimes and in the -proportions they assumed, and if in 1940 Frank made a long speech to the -policemen justifying the so-called “actions” with regard to several -thousand Polish intellectuals, then on 18 March 1944, in his speech at -the Reichshof, he stated—I quote from Page 93 of the document file, -third paragraph, second column. I begin the quotation: - - “18 March 1944, Speech at the Reichshof. - - “Dr. Frank: ‘If I had gone to the Führer and said, “My Führer, I - have to report that I have destroyed a further 150,000 Poles,” - he would say, “All right, if it was necessary.”’” - -This fascist specialist on legal questions annihilated 3 million Jews in -the territory under his jurisdiction which fell only temporarily into -the hands of the fascist invaders. On this occasion Frank said—I quote -his speech at a business meeting of the NSDAP orators in Kraków on 4 -March 1944. The Tribunal will find this excerpt on Page 93 of the -document book, second paragraph, second column of the text; I begin the -quotation of Dr. Frank: - - “If there are any woebegone souls today who bemoan the fate of - the Jews and say with tears in their eyes, ‘Isn’t it awful what - is being done to the Jews,’ we should ask them if they are still - of the same opinion now. If we had there 2 million Jews carrying - on their activities and opposed to them the few German men in - the country today, we would no longer have control of the - situation. . . . Jews are a race which must be eradicated. When - we catch one of them, it is the end of him.” - -I pass on to that part of Frank’s diary. . . . - -THE PRESIDENT: Shall we adjourn now? - - [_A recess was taken._] - -MR. COUNSELLOR SMIRNOV: Mr. President, I received information from our -staff that the 11 pages which were not incorporated into the English -text in your possession were handed to you. Is it true, Sir? - -THE PRESIDENT: Yes. - -MR. COUNSELLOR SMIRNOV: May I continue? - -THE PRESIDENT: Please do. - -MR. COUNSELLOR SMIRNOV: I am quoting now from Frank’s diary at the place -which the Tribunal will find on Page 93 of the document file, in the -second column of the text, second paragraph below the title, “Meeting of -Political Leaders of NSDAP in Kraków, on 15 January 1944.” It begins -thus, Dr. Frank, “I did not hesitate to say that for every German -killed, up to a hundred Poles would be shot.” - -In these dark days the Polish people regarded the victims of Frank and -of his henchmen as martyrs. That is the reason it seems to me that, on -16 December 1942, at a government meeting in Kraków, Frank stated—I am -quoting excerpts from the diary on Page 92 in the document book, third -paragraph after the heading, the first column of the text. I begin the -quotation: - - “We must consider whether, for practical reasons, executions - should be carried out as far as possible on the spot where the - murder of a German was attempted. It might also be as well to - consider whether special places for execution should be set up, - as it has been established that the Polish population streams to - the places of execution, which are accessible to everyone, for - the purpose of filling vessels with the bloodstained earth, and - taking them to church.” - -I brought Frank’s diary to your attention, Your Honors, because he was -one of Hitler’s closest associates and because this very well-known -“learned” jurist of fascism was actually a positive _alter ego_ of those -who cut in two the bodies of children in the Yanov Camp. At the same -time he was one of the creators of that part of the legal code of the -German fascists which completely negated justice. After all, the whole -miserable juridical wisdom of _Mein Kampf_ fundamentally comes down to -just one wicked formula, that is, that “might is right.” I studied this -book and found no other sense in the text. I quote the 64th edition, -Page 740. - -Frank was to Hitler that necessary evil gnome of jurisprudence whom -Hitler needed to clothe in legal form the inhuman theories of fascism. -In support of the fact as to how far the profanation of the basic ideas -of justice incorporated in the criminal and civil law of all civilized -people went, I submit to the Tribunal the original copy of one of -Frank’s directives published in the official bulletin of the Governor -General for 1943. It is dated 2 October 1943 and is being presented by -the Soviet delegation to the Tribunal as Exhibit Number USSR-335 -(Document Number USSR-335). The Tribunal will find the document quoted -on Page 95 of the document book. I quote the document in full: - - “Decree: The combating of attacks on German construction work in - the Government General, issued 2 October 1943. - - “On the basis of Paragraph 5, Section 1, of the Führer’s decree - of 12 October 1939 (_Reichsgesetzblatt_ I, Page 2077) I decree, - until further notice: - - “Paragraph 1. - - “(1) Non-Germans who violate laws, decrees, official - regulations, or orders with the intention of hampering or - interfering with German construction work in the Government - General will be punished by death. - - “(2) Section 1 does not apply to nationals of countries allied - to the Greater German Reich or those who are not at war with the - Reich. - - “Paragraph 2. - - “The abettor and the accomplice will be considered as equally - guilty with the perpetrator; the same penalty will be exacted in - the case of attempted violations as in the case of those - actually committed. - - “Paragraph 3. - - “(1) The summary courts of the police will be competent to pass - judgment. - - “(2) The summary court of the Security Police may pass the - matter to the German Public Prosecution if there are special - reasons for doing so. - - “Paragraph 4. - - “The summary courts of the Security Police will consist of an - SS-Führer belonging to the office of the Commander of the - Security Police and Security Service and two members of the - office. - - “Paragraph 5. - - “(1) The following shall be recorded in writing: 1. The names of - the judges; 2. the names of those on whom sentence is passed; 3. - the evidence on which judgment was based; 4. the offense; 5. the - date on which the sentence was imposed; 6. the date on which the - sentence was put into effect. - - “(2) In matters not covered by the above, the summary court of - the Security Police will decide upon its procedure after proper - consideration. - - “Paragraph 6. - - “Sentences passed by the summary court of the Security Police - will be put into effect without delay. - - “Paragraph 7. - - “In cases where an offense against Paragraphs 1 and 2 of this - decree also constitutes a further offense which must be dealt - with by the summary court, only those paragraphs of this decree - are applicable which relate to procedure. - - “Paragraph 8. - - “This decree will come into force on 10 October 1943. - - “Kraków, 2 October 1943; The Governor General, Frank.” - -In this manner, Point 1 of the first paragraph established one single -punishment, that is, death, for practically any action of a -“non-German,” regardless of whether such action was classified by the -German overlords as constituting a breach of law or a violation of an -administrative order. The same punishment was to be administered for any -attempt at similar actions in which the police officials could include -practically any actions or expressions of a suspected person—Paragraph -2 of the above-quoted document. - -The defendant was deprived of any procedural rights and guarantees. The -document which, in accordance with Paragraph 5, was to take the place of -the court verdict was, as is evident from the series of questions which -had to be recorded in writing, actually for the purpose of registering -individual cases of summary justice and not for the purpose of finding -justifiable bases for the application of punishment. Every possibility -of cassation or appeal to the higher authorities was excluded. The -verdict was to be carried out immediately. - -And finally, even the “court” procedure itself, founded on Frank’s -directives, was actually merely a mockery of justice. The court—and it -seems to me the word “court” should be in quotation marks—consisted of -three officials of the same SD which kept arresting innocent people on -the streets of Polish towns and organizing wanton mass shootings of -hostages. - -How justified are the conclusions which are made by me on the basis of -the aforementioned document, you will see from the text of another -document submitted to the Tribunal as Exhibit Number USSR-332 (Document -Number USSR-332). In the document file which is being submitted to the -Court, is contained the original copy of the minutes of interrogation of -the attorney, Stefan Korbonski. It also contains a translation of the -document into Russian, which was certified by the members of the Polish -Delegation. Stefan Korbonski lives in Warsaw and, according to -information received from the Polish Delegation, should the Tribunal -consider it necessary to call Korbonski for cross-examination, he can be -brought to the Tribunal session. - -I shall take the liberty to express in my own words the introductory -part of the document. After having been sworn in Warsaw on 31 October -1945, Stefan Korbonski, who is a lawyer, was interrogated and testified -that he was one of the leaders of resistance among the Polish people -against the German invaders. This place can be found in the first -paragraph of the text of the minutes. In the second half of the minutes -the Tribunal will find a place in the document book on Page 98—and it -goes on to Page 102—where Stefan Korbonski speaks of exactly the same -directives of Frank’s which were read into the record by me just now. In -Paragraph 1 of the interrogation minutes he states that in the beginning -of October 1943 the Germans posted on the walls of the houses in Warsaw -and other cities of the Government General the text of that particular -order which was read into the record by me. - -I continue the quotation to the end, omitting the first part on Page 99 -in the document book which is in the possession of the Tribunal, because -it seems to me that this document is very characteristic. I begin the -quotation: - - “Soon after the publication of this decree and quite - independently from the increasing number of executions performed - by the Germans in secret in what used to be the Warsaw ghetto, - in the Warsaw jail, which was called Paviac, the Germans began - to introduce public executions, that is, shooting of whole - groups of Poles ranging from 20 to 200 persons in each. - - “These public executions were performed in various districts of - the city, in streets opened to normal traffic, which were - surrounded by the Gestapo guards immediately before the actual - executions, so that the Polish population caught within the - surrounding district would have to watch the executions either - in the streets, or from the windows of the houses situated right - behind the backs of the Gestapo men. - - “During these executions the Germans shot either people from the - Paviac jail where they were confined after their arrest during - raids in the streets, or people caught immediately before the - actual execution. The number of these public executions, as well - as the number of persons executed each time, kept increasing - until it reached 200 persons who had to be shot at every - execution. These executions continued until the very beginning - of the Warsaw insurrection. - - “At first the Germans transported the Poles to the place of - execution in covered trucks. They were clad in civilian clothes, - and sometimes their hands were tied behind their backs. However, - as the victims thus brought to the place of execution usually - shouted, ‘Down with Hitler,’ ‘Long live Poland,’ ‘Down with the - Germans,’ and similar things, the Germans took steps to prevent - the possibility of any such disturbances and began to fill their - mouths with cement, or seal their lips with adhesive tape. The - victims were brought from the Paviac clad in shirts, or in - clothes made out of paper. - - “I often received information from our underground organization - through our agents who were working in the Paviac jail, that - shortly before the execution the Germans usually performed - operations on the condemned. They bled them and injected various - chemical substances to cause physical weakness, thus preventing - any attempts at escape or at resistance. - - “This was the reason why the condemned were brought to the place - of execution pale, weak, and apathetic, and barely able to stand - on their feet. But even so, they acted as heroes and never - begged for mercy. - - “The bodies of those who were shot were loaded into trucks by - other prisoners and were taken to a former ghetto, where they - were usually burned. The prisoners whose duty it was to - transport and to burn the corpses were mostly those confined in - the Paviac prison. It was their steady assignment. - - “The Polish population immediately covered with flowers the - blood spots which were left on the ground. Lighted candles were - placed where the corpses previously had lain, and crosses and - ikons were hung on the surrounding walls. During the night - members of the underground organizations would put an - inscription in lacquer on the walls, such as ‘Glory to Heroes,’ - ‘Glory to those who perished for the fatherland,’ and so forth. - - “When the Germans noticed these inscriptions they arrested all - those who happened to be on the spot and led them to the Paviac - prison. Sometimes the Germans shot at groups of people kneeling - and praying at the execution spots. Such an incident took place - on Senator Street where several people were shot at and quite a - few were wounded. - - “After each public execution the Germans would put on the walls - of houses lists of the names of those who were just executed; - the names of hostages who would be shot in case the German - regulations were not obeyed were given below. - - “In Warsaw alone the Germans shot several thousand Poles by - means of these public executions. This does not include the - victims who were shot in other towns. In the Kraków district - several thousand men were similarly shot.” - -Thus was put into action Hans Frank’s directive which was already -submitted by me to the Tribunal. In the light of Korbonski’s testimony -it becomes clear why, on 16 December 1943, there appears in Frank’s -diary. . . . - -THE PRESIDENT: Shouldn’t that be 1942? - -MR. COUNSELLOR SMIRNOV: The 16th of December 1943, Mr. President. One -minute—I shall check that. - -THE PRESIDENT: It reads “1942” in our document. - -MR. COUNSELLOR SMIRNOV: Your Honor, evidently the translator put the -wrong date into the text before you. I repeat that, in accordance with -the text in my possession, this statement was made by Frank on 16 -December 1943 at a government meeting in Kraków. If you will permit me I -shall again verify the text of the quotation. - -THE PRESIDENT: Well, in our statement of the document itself it is -translated as 16 December 1942. Evidently it is wrong in one place or -the other. - -MR. COUNSELLOR SMIRNOV: In the testimony itself, in Paragraph 1, -Korbonski mentions that in the beginning of December 1943 the Germans -posted these lists on the walls of the houses. If the Tribunal will -refer to the original of the document it will find “at the beginning of -December 1943.” - -THE PRESIDENT: I see, it is 1943. It was wrongly translated in the first -place. - -MR. COUNSELLOR SMIRNOV: Yes, 1943. May I continue? - -THE PRESIDENT: Yes. - -MR. COUNSELLOR SMIRNOV: Thank you, Sir. I shall speak of the change in -the procedure of the executions. It was on the Polish territory that the -criminal code introducing special rights for the “master race” and -Draconic laws for the other nations whom the fascist “masters” -considered completely vanquished, was put into practice for the first -time. - -The report of the Polish Government which had already been submitted to -the International Military Tribunal by my colleagues as irrefutable -evidence in accordance with Article 21 of the Charter gives a brief -description of the regime of lawlessness and despotism which reigned in -occupied Poland under the guise of special legislation. - -To characterize this legislation I shall take the liberty, if Your -Honors please, to refer to two excerpts from the report of the -Government of the Polish Republic, which has already been presented to -the Tribunal by my colleagues as Exhibit Number USSR-93 (Document Number -USSR-93). I shall first read into the record a paragraph which will be -found on Page 110 in the document file in possession of the Tribunal, -the section dealing with “Germanization of the Polish Law.” It is the -fourth paragraph after the heading, and I shall quote only two -paragraphs of this section: - - “In the Government General the machinery of justice was changed - particularly by a decree of 26 October 1939. It bears the - signature of Frank. (Encl. 2) - - “Polish courts became subjected to supervision of German courts - established in the Government General. Their jurisdiction, - heavily curtailed, was confined to those cases only for which - the German courts had no competence. New ideas of law were - introduced. Punishment could be inflicted by intuition; the - accused deprived of the right to choose a counsel and to appeal. - - “German law was introduced, and Polish law germanized.” - -I omit the entire section of the report which deals with this subject -and continue the quotation on Page 51 of the Russian text. The Tribunal -will find it on Page 129 in the document book in the third paragraph of -the text under “Judicial Murders.” That is Page 129, the third paragraph -of the text. I begin the quotation: - - “a) On 4 December 1941, Göring, Frick, and Lammers signed a - decree referred to above which virtually outlawed all Poles and - Jews in the incorporated Polish territories. The decree made - Poles and Jews a different and second-rank group of citizens. It - meant that Poles and Jews were obliged to obey the Reich - unconditionally; but on the other hand, as second-class citizens - they were not entitled to the protection given by law to - others.” - -I omit one paragraph and I continue the quotation of the part which -deals with the application of death sentences. It begins this way: - - “Death sentences could be passed in the following cases: - - “1. For removing or publicly damaging posters set up by the - German authorities. - - “2. For acts of violence against members of the German forces. - - “3. For lowering the dignity of the Reich or harming its - interests. - - “4. For damaging furniture to be used by the German authorities. - - “5. For damaging things intended for the work or public order. - - “6. For causing disobedience to regulations and orders issued by - German authorities—and several other cases which in fact - justified imprisonment for a short period at the most.” - -I shall omit one passage and I shall limit my quotation to the following -two paragraphs: - - “b) No Pole”—stated the official Nazi instruction—“was allowed - to approach a German woman to stain the noble blood of the - Herrenvolk. Those who dared to do it or even those who did not - get beyond the stage of attempting to do so, were inevitably - facing death. But it was not only a court but the German court - which was called upon to pass sentence in these cases. It was - found superfluous to arrange trials—a simple order of the - police proved sufficient to deprive people of their life.” - -I conclude this quotation and pass on to a subject which in my opinion -is very correctly referred to as the “Judicial Terror of the German -Fascists in Czechoslovakia” in the report of the Czechoslovak -Government. In this country we can systematically follow the -ever-increasing destruction by the Hitlerites of all the accepted moral -and legal standards. - -The report of the Czechoslovak Government, already submitted to the -Tribunal by my colleagues as Exhibit Number USSR-60, describes this -process in detail, beginning with the so-called “people’s courts,” up to -the organization of the so-called “Standgerichte.” I do not know what -would be a correct translation of this term, so I shall use the term -“Standgerichte” throughout. They are already familiar to us as organs of -the Nazi arbitrary rule in Poland. - -This process of the deterioration or rather collapse of the entire -judicial system under the fascist rule is described in the report in -great detail; I shall quote only a few short excerpts. I shall begin my -quotation on Page 162 of the document book in the possession of the -Tribunal, the last paragraph. I begin: - - “The power to proclaim a state of emergency was applied not - later than 28 September 1941. In accordance with a decree issued - on the same date and signed by Heydrich, a state of civil - emergency was proclaimed in the ‘Oberlandrat’ district in - Prague; and, a few days later, in the remaining parts of the - protectorate. ‘Standgerichte,’ which were set up immediately, - were active during the entire period and pronounced 778 death - sentences. All were executed and 1,000 people were turned over - to the Gestapo, that is, sent to concentration camps.” - -I omit the end of the paragraph, and I quote the following paragraph: - - “The only directive as to the administration, organization, and - rules of procedure at the ‘Standgerichte’ is contained in the - decree of 27 September 1941.” - -I omit the rest of the paragraph and I continue the quotation on Page -163, fifth paragraph of the book of documents. - - “The decree does not indicate as to who may fill the position of - judge in Standgerichte, whether the judges should be - professional people or laymen, and whether the sentences are to - be pronounced by a jury or by the judge alone. The decree merely - states Standgerichte may be set up by the Reich Protector; he is - competent to choose people who are to perform the duties of a - judge.” - -I omit the rest and continue the quotation on Page 163 of the book of -documents, the last paragraph: - - “On the basis of the information that we have at hand at present - the judges at the Standgerichte were professional judges only in - exceptional cases. - - “The most important attribute was political reliability. This is - the reason why the judges were, one could almost say without - exception, members and executives of the NSDAP or other National - Socialist organizations; that is, people who with rare - exceptions, possessed not the slightest knowledge of law and had - no experience in criminal trials.” - -I omit the following excerpts and continue the quotation on Page 166 of -the document book, at the beginning of the last paragraph; from there I -go on to Page 167: - - “Standgerichte were never held publicly. Inasmuch as the public - was excluded from the preliminary investigations of the - Standgerichte, the very existence of this tribunal increased the - feeling of insecurity under the prevalent law. There was no - appeal against sentences passed by Standgerichte. The records of - the investigations of the Standgerichte contain only lists of - names of the judges, defendants, and witnesses as well as - descriptions of the crimes and the dates of the sentences - (Section 4, Paragraph 2, of the decree). Directives permitting - and even encouraging such meager records can have only one - aim—to prevent any control and to keep secret everything that - took place during the investigation, thus covering up all the - traces of what had been done. - - “According to Section 4, Paragraph 1, of the directive, the - Standgerichte could only pass death sentences or turn over the - defendants to the Gestapo.” - -I omit the following paragraphs containing certain general comments on -the same matter and continue my quotation on Page 168, the first -paragraph: - - “Sentences passed by the Standgerichte must be carried out - immediately. (Section 4, Paragraph 3, of the decree). Numerous - examples demonstrate that this brutal National Socialist - legislation was never toned down. At the end of the so-called - trial, it was left to the judges to decide whether the condemned - should be shot or hanged. (Section 4, Paragraph 3, of the - decree). The condemned person was not granted even a short - respite to prepare for death. There was not even a question in - the decree about a reprieve. In any case, the brutal haste with - which the sentence was carried out, made any reprieve - impossible.” - -I conclude this excerpt, as well as the entire section devoted to the -terrorist legislation of the Hitlerites in Czechoslovakia, with a -quotation from Page 169, the fourth line from the top, and further. It -is stated there: - - “It is quite evident that the Standgerichte did not possess the - characteristics which, in accordance with the general opinion, - are those of a tribunal and that the trials of the Standgerichte - in reality violated all the principles which should be observed - in the legislations of all civilized people. Standgerichte - cannot be called tribunals and its court examination cannot be - called a trial and a decision. I think the proper term would be - ‘verdict.’ - - “The executions resulting from the verdicts of the Standgerichte - differ in no way from executions performed without trial. They - should be classified as murders. - - “It is impossible to find in the regulations which determined - the methods of procedure of the Standgerichte even a trace of - humanity. For instance, the rule which imposed immediate - execution and accorded practically no time to the condemned to - prepare for death, is a form of cruelty which, just as the - entire institution of the Standgerichte, had as its aim the - terrorization of the population.” - -I shall conclude the quotation with this excerpt, and I shall take the -liberty of remarking that the institution of the Standgerichte did not -countermand or exclude simple police sentences passed by means of a -procedure similar to the one which was established by Frank in Poland. - -It seems to me that all the laws which were cited by me above testify to -the fact that the Hitlerites tried to turn the legislation, intended to -punish crimes, into one which commits crimes. This is the sole purpose -why their “laws” were created. - -If Your Honors please, I shall now turn to the terroristic laws and -directives of Hitlerite criminals which were issued for the civilian -population of the Soviet Union. - -Having started the criminal war against the U.S.S.R., the German fascist -gang of bandits considered even these laws and “legal” principles -especially created for the justification of their crimes, insufficient. - -Most of these documents had already been submitted to the Tribunal and I -shall confine myself to some very brief quotations. With the Tribunal’s -permission I shall read only three lines from a previously submitted -document. I am referring to Document Number L-221 submitted to the -Tribunal by the United States Prosecution. It contains a brusque reply -made by Hitler to Göring at a meeting on 16 July 1941. The Tribunal will -find the place on Page 189 in the document file in the first paragraph, -first line. - -THE PRESIDENT: That document has been read already. - -MR. COUNSELLOR SMIRNOV: Yes, Your Honor. I shall take the liberty of -quoting only three lines of this document. - -THE PRESIDENT: Well, go on; but I think that the rest of the page which -you are reading is all comments, and you could go straight on to the -next document. Read these three lines and then I think you will -find. . . . - -MR. COUNSELLOR SMIRNOV: This is not quite correct, but I shall now quote -those three lines. Hitler said, “The gigantic territory must be quieted -as soon as possible.” I am quoting from the next sentence, where Hitler -said, “The best way to attain this objective is to shoot everyone, even -those who only cast an ugly look.” I am citing these lines because they -are the “Leitmotiv” which passes in all the directives and orders of -Hitlerites. - -THE PRESIDENT: Now, what I am suggesting to you is that the rest of the -page which you are now passing in our translation is quite unnecessary -to read and you can go straight on, at any rate, to the directive of -Keitel of the 16th of September 1941. - -MR. COUNSELLOR SMIRNOV: All right, Mr. President. May I continue? - -THE PRESIDENT: Yes. - -MR. COUNSELLOR SMIRNOV: I quote a directive of Keitel. This directive -was submitted to the Tribunal by the United States Prosecution under -Document Number C-148 (Exhibit Number USA-555). I quote, on Page 190 of -your document book, Paragraph 3, Line 4. - - “One must bear in mind that human life in the countries - concerned is often of no value whatever, and that intimidating - reaction is only possible in the form of application of - extraordinary hardness.” - -I am further presenting to the Tribunal a photostat of the document -which was already submitted as Document Number 459-PS. I shall not quote -a single excerpt from it; but I shall take the liberty to remind the -Tribunal that point 6 of this document states that any sort of -resistance will be broken, not by means of juridical punishment, but if -the occupying authorities will succeed in instilling in the population a -fear which is the only thing capable, as it is said in the directive, -“of depriving the population of any will to resist.” - -I take the liberty to confirm this by quoting very briefly just two -lines from the directive of the Commander of the 6th Army, General Field -Marshal Von Reichenau, which was already presented to the Tribunal by my -colleague as Exhibit Number USSR-12 (Document Number USSR-12). The -Tribunal will find it on Page 194 of the document book, Line 19 from the -top. It is said there, “The fear of German countermeasures must be -stronger than the threats from Bolshevist remnants still wandering -around.” - -I wanted to read into the record one document which bears the seal of -the pseudo-legal argumentation of Hans Frank and which is so -characteristic of his ordinances and directives. It has been pointed out -that this document had already been presented to the Tribunal and I do -not wish to retain the attention of the Tribunal on a document which had -already been read during a Tribunal session. I am referring to the -circular order of the Reich Security Main Office, Number 567-42-176, -dated 5 November 1942. It develops that this document has already been -presented by the American colleagues as Document Number L-316. I just -wish to remind the Tribunal that this document states that even the -principles used for determining the activities of non-Germans should be -different and that any actions of a non-German should be examined not -from the point of view of justice but exclusively from the point of view -of prevention. I think that this document is well known to the Tribunal -and I shall refrain from quoting it. - -Thus in those territories of the occupied countries where the SS -followed in the footsteps of the aggressors’ troops, the peaceful -population was abandoned to the arbitrary will of the specially trained -and fierce representatives of the police forces of German fascism. - -I shall take the liberty, while presenting the photostat of the document -previously submitted to the Tribunal as Document Number 447-PS, to quote -only one line of this document, which the Tribunal will find on Page 197 -of the document book, fifth paragraph, after the heading, “The Region of -the Operations.” It deals with the special powers of the Reichsführer SS -and indicates that “within the scope of these assignments the -Reichsführer SS shall act independently and under his own -responsibility.” - -It is well known what the Reichsführer SS really was. Of the many -statements of Himmler, I shall limit myself to only one quotation which -is, however, rather characteristic as a leading directive to the -responsible officials of the SS who were subordinated to Himmler. On 4 -October 1943 at the conference of the SS Gruppenführer at Posen, Himmler -said—this document was submitted to the Tribunal by the United States -Prosecution as Document Number 1919-PS and was read into the record on -19 December 1945. I shall quote six lines from Page 23 of the photostat -of this document. The Tribunal will find the document on Page 201 in the -document book. There figures a short quotation. - -THE PRESIDENT: The Tribunal feels that if a document has already been -read, it should not be read again. - -MR. COUNSELLOR SMIRNOV: It seems to me that this particular excerpt was -not read into the record. The document was submitted on 19 December 1945 -as Document Number 1919-PS. But this particular excerpt which I wish to -quote now, was not read into the record of the Tribunal. It contains -only six lines. - -THE PRESIDENT: Well, of course, if you have verified that and can state -that with certainty, then you can certainly read it. - -MR. COUNSELLOR SMIRNOV: I perused the transcript and could not find this -excerpt. Therefore it seems to me that it was not read into the record. -I shall confine myself literally to six lines. The question at present -is only a matter of six lines. - -THE PRESIDENT: Well, you better go on and quote it then because these -interruptions take up a very long time. - -MR. COUNSELLOR SMIRNOV: I begin the quotation: - - “Whether other nations live in prosperity or starve to death - interests me only insofar as we need them as slaves for our - culture. Otherwise I am not interested. I am not interested - whether 10,000 Russian females die of exhaustion while digging - an antitank ditch, as long as the antitank ditch for Germany is - finished.” - -A document was already submitted to the Tribunal which establishes that -the legalization of mass murders and extermination of the peaceful -population of the Soviet Union carried out by the Army with a view to -terrorizing the population was begun by Hitler and his clique as early -as 13 May 1941, that is, over a month before the beginning of the war. -In this case I refer to a directive already well known to the Tribunal. -This directive emanates from Keitel and is entitled, “Application of -Military Jurisdiction in the Barbarossa Region and Special Army -Measures.” This document was already read into the record as Exhibit -Number C-50 by the United States Prosecution on 7 January 1946. I shall -not quote this document because I think that it is well known to the -Tribunal. I merely wish to remind the Tribunal that this document -categorically denies the necessity for establishing guilt; suspicion -alone was sufficient for the application of a death sentence. An -official system of group responsibility and mass repressions was set up. -Furthermore, it was stated that the “suspect” should be exterminated in -any case. This is plainly said in Paragraph 5 of the first section of -the directive. - -THE PRESIDENT: We better adjourn now. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MR. COUNSELLOR SMIRNOV: In accordance with your instructions, Mr. -President, I omit the following documents to which I wished to refer and -which have already been submitted to the Tribunal—Document 654-PS, for -instance. - -I now proceed to the next document, which was submitted to the Tribunal -yesterday by my colleague, Colonel Pokrovsky, as Exhibit Number USSR-3. -It is the report of the Extraordinary State Commission of the Soviet -Union, entitled, “Directives and Orders of the Hitlerite Government and -the German Military Command Regarding the Extermination of the Soviet -People.” - -My colleague read into the record yesterday a short excerpt from the -fourth part of this document concerning the carrying out of mass -executions, the so-called executions in camps, where both peaceful -citizens and prisoners of war were interned. As this section has already -been read into the record, I omit it and proceed to other sections of -this report, dealing with the organization by the German fascist -criminals, from the very first days of the war with the Soviet Union, of -the so-called Sonderkommandos (special task forces). - -The document which I am quoting refers to the organization of -Sonderkommandos in the camps where prisoners of war and peaceful -citizens were interned. I quote this excerpt because the term -“Sonderkommando” acquired in the early days of the war a terrible -meaning among the civilian population of the temporarily occupied -territories of the Soviet Union. It was one of the most cruel and most -brutal organizations ever created by the German fascists for the -wholesale slaughter of human beings. - -I request the Tribunal to revert to Page 207 of the document book, -Column 1 of the text. I begin the quotation: - - “It is evident, from the documents discovered, that even before - the attack on the U.S.S.R. Hitler’s butchers had compiled lists - and index files and collected the necessary information about - such leading Soviet workers as their bloodthirsty plans had - doomed to extermination. In this manner they prepared the - following: ‘Special Index Files for the U.S.S.R.,’ ‘The German - Index File,’ ‘Lists for Establishing Domiciles,’ and other index - files and lists of the same kind which would facilitate the work - of the Hitlerite murderers in the extermination of progressive - circles within the population of the U.S.S.R. - - “However, the document entitled, ‘Appendix Number 2 to - Operational Order Number 8 of the Chief of the Sipo and the SD, - Berlin,’ dated 17 July 1941 and signed by Heydrich, who was at - that time acting as Himmler’s deputy, emphasizes the lack of - such lists and index files and stresses the importance of not - hampering the initiative of those who perpetrated the murders. - The document states: - - “‘There is no possibility of lending any assistance to the - Kommandos for the realization of your plans. The “German Index - File,” “Lists for Establishing Domiciles,” and “Special Index - Files for the U.S.S.R.” will only prove useful in a few cases. - The “Special Index Files for the U.S.S.R.” are therefore - insufficient, as only an insignificant number of Soviet Russian - nationals, considered as dangerous, have been entered in these - files.’” - -I omit one paragraph and continue: - - “For the realization of their criminal plans the German invaders - created Sonderkommandos, both in the transient and permanent - camps for prisoners of war, on German territory, in the - so-called Polish Government General, and in the temporarily - occupied territory of the Soviet Union.” - -I further omit seven paragraphs and continue the quotation on Page 207 -of the document book, Paragraph 6, Column 2 of the text: - - “The procedure in the formation of the Sonderkommando is - described in Appendix Number 1 to Operational Order Number 14 of - the Chief of the Sipo and SD, marked state top secret, Copy - Number 15, dated Berlin, 29 October 1941. - - “The formation of the Sonderkommandos of the Sipo and SD is - carried out in accordance with the agreement of 7 October 1941, - reached between the Chief of the Sipo and the SD on the one hand - and the OKW on the other hand. - - “By virtue of special powers the Kommandos will act - independently in conformity with general directives, within the - scope of the camp regulations. The Kommandos, of course, - maintain close contact with the camp commandants and the - officers of the Intelligence Service.” - -I omit the following text and continue the quotation from Page 208 of -the document book, Paragraph 1. The Tribunal will observe how much the -Reich leadership extended the installation of these highly dangerous -police organizations. The Sonderkommandos were organized all the way -from the town of Krasnogvardeisk—a suburb of Leningrad—to the town of -Nikolaiev on the Black Sea. I now continue with my quotation: - - “The order of the Chief of the Sipo and SD of 29 October 1941, - regarding the organization of the Sonderkommandos, was sent to - the operational groups in Krasnogvardeisk, Smolensk, Kiev, and - Nikolaiev, and for information to Riga, Moghilev, and Krivoy - Rog.” - -I would also point out that during their attack on Moscow the Hitlerites -organized in Smolensk a special Sonderkommando Moscow, entrusted with -the task of mass-murdering the Moscow citizens. - -Mention has previously been made of the wide range of authoritative -power granted to the Sonderkommando. In the document which I am quoting -it is said: - - “The tasks of the Sonderkommandos are outlined in the - operational directives attached to Decree Number 8 of the Chief - of the Sipo and SD, dated Berlin, 17 July 1941, which, under the - pretext of a screening of civilians and suspected prisoners of - war captured in the Eastern campaign indicate that: - - “The special nature of the Eastern campaign calls for special - measures, to be carried out on personal responsibility beyond - the range of any bureaucratic influences.” - -I omit the next extract from this document, since it is merely a -repetition of the basic rules which I have already read into the record. - -Having launched their criminal war, the Hitlerites directed it towards a -mass extermination of the peaceful citizens of the Soviet Union and the -countries of Eastern Europe. I have already read into the record several -documents depicting the character of the Hitlerite murderers and the -nature of their crimes. The latter consisted in the formation of large -criminal units, specially trained by the leaders of the Hitlerite gang. -It will, however, be clear to any criminologist that it is not -sufficient to create these foul and criminal gangs—it is essential that -once the crime has been perpetrated the criminal should feel that he has -acted with complete impunity. In order that the crimes envisaged by the -major criminals be fulfilled in their monstrous entirety, it became -necessary to create for the minor criminals an atmosphere of complete -impunity. In accordance with your wishes, Mr. President, I shall not -quote the document previously read into the record as Number C-50 by the -United States Prosecution, entitled, “Instructions Governing the -Application of Martial Law and Special Measures To Be Adopted by the -Army in the Barbarossa Area.” But it appears to me that the contents of -this document should be firmly borne in mind, for unless the meaning of -this document is clearly understood it is quite impossible to envisage -the series of wholesale crimes perpetrated by the Hitlerite criminals on -the territory of the Soviet Union. - -This order, signed by Keitel, though issued in Hitler’s name, was -accepted by all the soldiers and all the officers of the fascist army as -a personal order from Hitler. What conclusions the German soldiery drew -from this order of Keitel’s is confirmed by a communication of the -Extraordinary State Commission, to which I shall now refer. It deals -with the atrocities committed in the city of Minsk by the German fascist -invaders. - -I submit this document to the Tribunal as Exhibit Number USSR-38 -(Document Number USSR-38). It contains an excerpt from the testimony of -the president of the military tribunal of the 267th German Rifle -Division, Captain Julius Reichhof. I would ask the Tribunal to turn to -Page 215 of the document book, to Column 1 of the text. I quote from the -communication of the Extraordinary State Commission on the subject of -Julius Reichhof’s testimony: - - “According to an order issued by Hitler, German soldiers could - not be committed to trial by court-martial for acts committed - against Soviet citizens. The soldier could be punished only by - the commander of his own unit, should the latter deem the - punishment necessary. By the same order Hitler granted even more - extensive rights to all German Army officers. They could destroy - the Russian population according to their own discretion. - - “The commander had full right to apply punitive measures to the - peaceful population: He was allowed to burn down, _in toto_, - villages and towns, rob the population of supplies and - livestock, and, on his own responsibility, deport Soviet - citizens to Germany for slave labor. Hitler’s order was brought - to the attention of every single soldier of the German Army on - the eve of the attack on the Soviet Union. In accordance with - Hitler’s order, the German soldiers, under the leadership of - their officers, committed all sorts of atrocities.” - -But even this appeared insufficient to the Hitlerite leaders. In 1942 -they considered it necessary to reconfirm, by a sharp directive brooking -no exception, that any crime perpetrated by the German fascist soldiery -against the peaceful citizens of the Soviet Union should go completely -unpunished. The Reich and military leaders particularly emphasized the -fact that atrocities committed should so remain unpunished, even if the -victims of these atrocities happened to be women and children. - -THE PRESIDENT: What was the reference to what you called “sharp -directive”? - -MR. COUNSELLOR SMIRNOV: I will at once submit to the Tribunal this -directive as Exhibit Number USSR-16 (Document Number USSR-16). It is a -photostatic copy of the document certified by the Extraordinary State -Commission. The Tribunal will find the text of this directive on Page -219 of the document book. This directive is signed by Keitel and -entitled “The Combating of Guerrillas.” The document is dated 16 -December 1942. I will quote this document practically in full, starting -with the title. - - “Subject: The Combating of Guerillas; top secret. - - “The Führer has been informed that certain members of the - Wehrmacht who took part in the struggle against the guerilla - bandits were later called to account for their behavior while - fighting.” - -My colleague, Colonel Pokrovsky, Mr. President, explained to the -Tribunal yesterday that any resistance movement on the part of the -peaceful population was termed “banditry.” I will therefore not detain -the Tribunal’s attention any longer in an attempt to decode this German -fascist term. - - “In this connection the Führer ordered. . . .” - -I omit one paragraph and continue the quotation, Page 219 of the -document book: - - “If the repression of the guerillas in the East, as well as in - the Balkans, is not pursued with the most brutal means, it will - not be long before the forces at our disposal will prove - insufficient to exterminate this plague. - - “The troops therefore have the right and the duty to use, in - this struggle, any and unlimited means, even against women and - children, if only conducive to success.” - -I emphasize that the directive mentions all possible means of -retribution against women and children. I continue to quote: - - “Scruples of any sort whatsoever are a crime against the German - people and against the front-line soldier who bears the - consequences of attacks by guerillas and who has no - comprehension for any regard shown to the guerillas or their - associates. - - “These principles must serve as a basis for using the ‘Directive - for Combating Guerillas in the East.’ - - “2. No German participating in combat action against guerillas - or their associates is to be held responsible for acts of - violence either from a disciplinary or a judicial point of view. - - “Commanders of troops engaged in combat action against the bands - are obliged to see to it that all officers of units under their - command be immediately and thoroughly notified of this order, - that their legal advisers be immediately acquainted therewith, - and that no judgments be passed which are in contradiction to - this order. - - “Signed, Keitel.” - -I hereby conclude the presentation of the documents referring to the -first two sections of the list read into the record at the opening of -the report. The materials which I have hitherto submitted to the -Tribunal were to prove three facts: - -1. Direct instigation, by the major criminals, to the perpetration of -appalling crimes against wide circles of the peaceful population, by the -German Armed Forces. - -2. Special education by the Hitler leadership of mass criminal units for -the practical realization of its plans for the extermination of peoples. - -3. General unleashing of the criminals’ basest instincts in an -atmosphere of complete impunity for the perpetrators of the crimes. - -These purposes were fully achieved by the major war criminals. The -Hitlerites committed crimes against the peaceful populations in the -occupied territories of the Soviet Union and in the Eastern occupied -countries which, in their extent, in the cruelty of the methods applied, -as well as in the cynicism and brutality of purpose of the organizers -and perpetrators of the crimes, are without precedent in the history of -the world. - -I should like to submit evidence which characterizes the extent and the -methods of these crimes of the German fascists. I should like to show -exactly what Keitel’s order for the “pacification” of the occupied -territories meant in the lives of the peaceful population. - -The introduction of this regime of terror was the first sign of the -arrival of the fascist authorities, whether military or civilian, in the -territory of the U.S.S.R. or of other Eastern European countries. -Moreover, this regime of terror was not exclusively confined to more -savage forms of brutality. It also assumed the form of shameless -outrages perpetrated against the honor and dignity of the victims of the -German fascists. At the same time the terrorists primarily vented their -misdeeds on the heads of such citizens whom they considered politically -active and most capable of resisting them. - -In confirmation of this fact I refer to a document which I have -previously presented to the Tribunal as Exhibit Number USSR-6 (Document -Number USSR-6), which is a report of the Extraordinary State Commission -on “Crimes Committed by the Germans in the Territory of the Lvov -Region.” The Tribunal will find the passage to which I am referring on -Page 58 of the document book, in the first column of the text, in the -last paragraph. I begin the quotation: - - “Even before the seizure of Lvov the Gestapo detachments had at - their disposal, pursuant to an order by the German Government, - lists of the most prominent representatives of the - Intelligentsia doomed _a priori_ to annihilation. Mass arrests - and executions began immediately after the seizure of Lvov. The - Gestapo arrested a member of the Union of Soviet Authors, an - author of numerous literary works, Professor Thaddeus - Boi-Dhelensky, a professor of the Medical Institute; Roman - Renzky, the principal of the University; Vladimir Seradsky, - Professor of Forensic Medicine; Roman Longchamp de Berrier, - Doctor of Juridical Science, together with his three sons, - Professor Thaddeus Ostrovsky, Professor Jan Grek, and Professor - of Surgery Heinrich Gilyarovich. . . .” - -There follows a long list containing 31 names of outstanding -intellectuals of the city of Lvov. I omit the enumeration of their names -and continue quoting from the next paragraph: - - “Groer, a professor of the Medical Institute at Lvov, who - fortuitously escaped death, has told the Commission what - follows: - - “‘When I was arrested at midnight of 3 July 1941 and placed in a - truck, I met Professors Grek, Boi-Dhelensky, and others. We were - taken to the hostel of the Abragamovitch Theological College. - While we were led along the corridor the members of the Gestapo - jeered at us, hitting us with rifle butts, pulling our hair, and - hitting us over the head. . . . Later on I saw, from the hostel - of the Abragamovitch Theological College, the Germans leading - five professors under escort, four of whom were carrying the - blood-bespattered body of the son of the famous surgeon Rouff, - murdered by the Germans during his interrogation. Young Rouff, - too, had been a specialist. The entire group of professors were - taken under escort to the Kadetsky Heights, and 15 to 20 minutes - later I heard rifle fire from the direction in which the - professors were taken.’” - -In order to humiliate dignity, the Germans resorted to the most refined -methods of torture and then shot their victims. Goldsman, an inhabitant -of Lvov, has testified before the special commission that he personally -saw how, in July 1941: - - “Twenty people, including four professors, lawyers, and - physicians, were brought by the SS into the courtyard of House - Number 8, on Artishevsky Street. One of them I know by name, - Doctor of Juridical Science Krebs. Among them were five or six - women. The SS forced them to wash the stairs leading from the - seven entrances to the four-story house, with their tongues and - lips. After those stairways were washed, the same people were - forced to collect garbage in the courtyard with their lips. All - garbage had to be transferred to one place in the - courtyard. . . .” - -I omit the end of this paragraph and continue from the next paragraph: - - “The fascist invaders carefully concealed the extermination of - the intelligentsia. To repeated requests of relatives and - friends concerning the fate of these men of science, the Germans - replied, ‘Nothing is known.’ - - “In the autumn of 1943, on the order of Reich Minister Himmler, - the Gestapo men burned the bodies of the murdered professors. - Mandel and Korn, former internees of the Yanovsky Camp, who - dealt with the exhumation of the bodies, have told the - Commission the following: - - “‘During the night of 5 October 1943, acting on orders from the - Gestapo, we opened a pit between Kadetskaya and Bouletskaya - streets by the light of searchlights and took from it 35 bodies. - We burned all these corpses. - - “‘While lifting the corpses from the pit we found the documents - of Professor Ostrovsky, of Otoshek, Doctor of Natural Science, - and of Kasimir Bartel, Professor of the Polytechnical - Institute.’ - - “The investigation established that during the first few months - of the occupation the Germans arrested or killed more than 70 of - the most prominent scientists, technologists, and artists in the - city of Lvov.” - -What I have just said does not in any way infer that the leaders of -local organizations and representatives of the intelligentsia alone were -victims of the fascist terror. I only wanted to make it clear that the -fascist terror was directed in the first instance against these people. - -But one of the characteristic features of Hitlerite terrorism was the -fact that it was decreed by the German fascist leaders and materialized -by the executioners as a general reign of terror. - -To confirm this I refer to a document previously submitted to the -Tribunal but not read into the record. It is Document Number USSR-63, -which is a report of the Extraordinary State Commission for the -investigation of German atrocities in the town of Kerch. - -Kerch is a comparatively small town. It is separated from Lvov by many -hundred of kilometers. Although the German invaders arrived in Lvov in -the beginning of July 1941, they only reached Kerch in November. In -January 1942 they had already been driven out by Red Army units. - -Thus, the entire period of the first occupation of the city of -Kerch—the city of Kerch has been occupied two times—by the Germans was -short-lived and did not last more than 2 months. But here are the crimes -perpetrated by the German fascists in this town. I begin the quotation. -The Tribunal will find the passage in question on Page 227 of the -document book, Column 2, Paragraph 5: - - “After capturing the city in November 1941, the Hitlerites - immediately issued an order to the following effect: - - “The inhabitants of Kerch are ordered to deliver all family food - stocks to the German Kommandos. Owners of undelivered and - detected supplies will be shot. - - “By the next order, Number 2, the town council ordered the - inhabitants to register immediately all hens, roosters, ducks, - chickens, turkeys, geese, sheep, cows, calves, and cattle. - Poultry owners were strictly prohibited from using fowl and - cattle for their own needs without special permission of the - German commandant. After the publication of these orders a - wholesale search of all apartments and houses began. - - “The members of the Gestapo behaved outrageously. For each - kilogram of beans or flour discovered in excess, the head of the - family was shot. - - “The Germans initiated their monstrous atrocities by poisoning - 245 children of school age.” - -Later on you will see the small bodies of these children in our -documentary film. The infants’ bodies were thrown into the city moat. - - “According to instructions issued by the German commandant, all - the school children were ordered to appear at the school at a - given time. On arrival, the 245 children, school books in hand, - were sent to a factory school outside the town, allegedly for a - walk. There the cold and hungry infants were offered coffee and - poisoned pies. Since there was not enough coffee to go round, - those who did not get any were sent to the infirmary where a - German orderly smeared their lips with a quick-acting poison. In - a few minutes all the children were dead. School children of the - higher grades were carried off in trucks and shot down by - machine gun fire 8 kilometers outside of the town. The bodies of - the first batch of murdered children were brought to the same - spot—a very large, very long, antitank trench.” - -I continue the quotation: - - “On the evening of 28 November 1941 an order, Number 4, of the - Gestapo was posted in the town. In compliance with this order - the inhabitants who had been previously registered with the - Gestapo were to present themselves on 29 November between 0800 - and 1200 hours at the Sennaya Square, with a 3 days’ supply of - food. All the men and women were to appear, regardless of their - age or state of health. Those who did not present themselves - were threatened with public execution. Those who arrived at the - square on 29 November were persuaded that they had been summoned - in order to be sent to work. At noon over 7,000 people assembled - in the square. There were young boys, young girls, children of - all ages, very old men, and pregnant women. All were transferred - to the city prison by the men of the Gestapo. This monstrous - extermination of the peaceful population in the prison was - carried out by the Germans according to a previously formulated - plan of the Gestapo. First of all, the prisoners were asked to - hand over the keys of their apartments and to give their exact - addresses to the prison commandant. Then all the valuables were - taken from the arrested people, including watches, rings, and - ornaments. In spite of the cold, boots, felt-boots, shoes, - costumes, and coats were removed from all the persons - incarcerated. Many women and girls in their teens were separated - from the rest of the internees by the fascist blackguards and - locked in separate cells, where the unfortunate creatures were - subjected to particularly outrageous forms of torture. They were - raped, their breasts cut off, their stomachs ripped open, their - feet and hands cut off, and their eyes gouged out. - - “After the Germans had been thrown out of Kerch, on 30 December - 1941, Red Army soldiers discovered, in the prison yard, a - formless mass of bodies of young girls, naked, mutilated, and - unrecognizable, who had been savagely and cynically tortured to - death by the fascists. - - “As a site for the mass execution, the Hitlerites selected an - antitank ditch near the village of Baguerovsko where for 3 days - on end autobuses brought entire families which had been - condemned to death. - - “When the Red Army entered Kerch, in January 1942, the - Baguerovsko trench was investigated. It was discovered that this - trench—1 kilometer in length, 4 meters in width, and 2 meters - in depth—was filled to overflowing with bodies of women, - children, old men, and boys and girls in their teens. Near the - trench were frozen pools of blood. Children’s caps, toys, - ribbons, torn-off buttons, gloves, milk bottles, and rubber - comforters, small shoes, galoshes, together with torn-off hands, - feet, and other parts of human bodies were lying nearby. - Everything was spattered with blood and brains. - - “The fascist savages shot down the defenseless population with - dum-dum bullets. Near the edge of the trench lay the mutilated - body of a young woman. In her arms was a baby carefully wrapped - up in a white lace cover. Next to this woman lay an 8-year-old - girl and a boy of 5, killed with dum-dum bullets. Their hands - still gripped the mother’s dress.” - -The circumstances of the executions are confirmed by the statements of -numerous witnesses who were lucky enough to escape unharmed from the -open grave. I am going to quote two statements. Twenty-year-old Anatol -Ignatievich Bondarenko, now a soldier in the Red Army, states: - - “When we were brought up to the antitank trench and lined up - alongside this fearful grave, we still believed that we had been - fetched in order to fill in the trench with earth or to dig new - ones. We did not think we had been brought there to be shot, but - when we heard the first shots from the automatic guns trained on - us, I realized we were about to be murdered. I immediately - hurled myself into the trench and hid between two corpses. Thus, - unharmed and half fainting, I lay nearly until the evening. - While lying in the trench I heard several of the wounded call to - the gendarmes shooting them, ‘Finish me off, blackguard!’ ‘You - missed me, scoundrel! Shoot again!’ Then, when the Germans went - off to dinner, an inhabitant of my village called out from the - trench, ‘Get up, those of you who are still alive.’ I got up and - the two of us began to drag out the living from underneath the - corpses. I was covered with blood. A light mist hung over the - trench—steam arising from the rapidly-congealing mass of dead - bodies, from the pools of blood, and from the last breath of the - dying. We dragged out Theodor Naoumenko and my father, but my - father had been killed outright by a dum-dum bullet in the - heart. Late at night I reached the house of some friends in the - Village of Baguerovsko and stayed with them until the arrival of - the Red Army.” - -Witness A. Kamenev stated: - - “The chauffeur stopped the car behind the airdrome, and we saw - Germans shooting people near the trench. We were dragged out of - the car and pushed toward the trench in batches of 10. My son - and I were among the first 10. We reached the trench. We were - lined up facing it, and the Germans began their preparations to - shoot us in the nape of the neck. My son turned to them and - shouted, ‘Why are you shooting the peaceful population?’ But the - shots rang out and my son instantly jumped into the trench. I - threw myself in after him. Dead bodies began to fall upon me in - the trench. About 3 p.m. an 11-year-old boy stood up from among - the pile of corpses and began to call, ‘Little fathers, those of - you who are still alive, get up. The Germans have gone.’ I was - afraid to do so, since I thought that the boy was shouting by - order of the policeman. The boy called out a second time, and - then my son answered him. He stood up and asked, ‘Dad, are you - alive?’ I could not say anything and merely nodded. My son and - the other boy dragged me out from under the bodies. We saw some - others who were still alive and who were shouting, ‘Help us.’ - Some were wounded. All the time, while I had been lying in the - trench, under the bodies of the dead, I could hear the shrieks - and wails of the women and children. The Germans had started - shooting old men, women, and children after shooting us.” - -I interrupt the quotation here. Although the subsequent text does deal -with many other appalling atrocities committed by the Germans, it is, in -substance, analogous to the passages which I have already read into the -record, relating to crimes perpetrated by the Germans in the town of -Kerch. I would, however, invite the Tribunal’s attention to the part -referring to the ill-treatment of children. On the whole, these crimes -are highly characteristic of the German fascist terror. I quote: - - “The German barbarians, in their atrocious ill-treatment of the - Soviet people, did not even spare the children. A school - teacher, M. N. Kolessnikova, stated that the Germans killed a - 13-year-old boy for taking an old car tire and trying to swim in - it while bathing in the sea. - - “The following incident happened, according to the testimony of - E. N. Sapelnikova: - - “Maria Bondarenko, who lived in the village of Adjimushkaya, in - an attempt to save her three children from starvation, appealed - to some Germans working in the kitchen, for a little food. They - poured some thin gruel into a small bowl. The Bondarenko family - ate it greedily. A few hours later the mother and all three - children were dead. The fascist henchmen had poisoned them. - - “It has been ascertained from the testimony of N. H. Shoumilova - that in July a German officer shot a 6-year-old boy merely - because he was singing a Soviet song in the streets of the town. - - “Practically all summer long the dead body of a 9-year-old boy - dangled in the ‘Sacco and Vanzetti’ garden; the child had been - hanged for plucking some apricots from a tree.” - -Here I end my quotation from the report on the town of Kerch. - -In my statement I have dwelt on the example of Kerch not because the -atrocities committed by the Hitlerites in this town were on a -particularly large scale or because they stood out, by reason of their -cruelty, among the other crimes perpetrated by the Germans—the -documents relevant to these latter crimes are at our disposal. Certainly -not. On the contrary, I have quoted the report of the Extraordinary -State Commission only because it gives a detailed and objective record -of Hitlerite military crimes committed against peaceful citizens of one -of the many towns which, as a result of a monstrous war unleashed by the -German fascist criminals, were doomed to become the victims of a -terrorist regime. Such atrocities were perpetrated by the Hitlerites in -all the temporarily occupied cities of the Soviet Union. - -In confirmation of this statement I now turn to a document of a general -nature, which has already been submitted to the Tribunal as Exhibit -Number USSR-51 (Document Number USSR-51) but parts of which have not yet -been read into the record. I am referring to the note of the People’s -Commissar for Foreign Affairs, V. M. Molotov, of 27 April 1942. In their -introduction to this note, the Soviet Government made the following -statement—I start my quotation from Paragraph 2 of the reverse side of -the Russian text, Paragraph 3 after the heading of the document book. -There you will find the following remarks: - - “Fresh information and documents are being submitted to the - Soviet Government to the effect that the Hitlerite invaders are - carrying on a wholesale looting of the Soviet population and do - not shrink from any crimes and acts of cruelty or violence on - the territories which they temporarily occupied or which they - still continue to occupy. The Soviet Government have already - declared that these atrocities do not represent accidental - excesses perpetrated by single undisciplined military units or - by individual German officers or men. The Soviet Government are - now in possession of documents recently seized in the staffs of - routed German formations, which prove that the carnage and - atrocities committed by the fascist German Army were perpetrated - in accordance with carefully elaborated plans issued by the - German Government, in pursuance of orders from the German High - Command.” - -I omit the subsequent parts and continue with Section V of the note. The -Tribunal will find the passage which I am about to quote on Page 8 of -the document book, Column 1 of the text, Paragraph 5. - -I should like to add a few introductory words to the quotation. It is -quite evident from the text of this note how the orders of the Reich -leadership concerning the establishment of a regime of terror were -executed, in the occupied territories, by the various commissioners of -the occupied territories, by the Gauleiter, and by the commanders of -German military units. I quote the beginning of Section V of this -note—Page 8 of your document book, Column 1, Paragraph 5: - - “The inhuman cruelty which the Hitlerite clique—begotten in - violence and against the will of the German people—displayed - against the inhabitants of the European countries temporarily - occupied by the German Army was multiplied a hundredfold by the - enemy forces after their invasion of the Soviet Union. - - “The carnage to which the Hitlerites exposed the peaceful - population of the Soviet Union has far overshadowed the most - bloodstained pages of the annals of mankind, as well as of the - current world war, and fully reveals the bloodthirsty and - criminal plans of the fascists, aimed at the extermination of - the Russian, Ukrainian, Bielorussian, and other nationals of the - Soviet Union. - - “These monstrous fascist plans inspired the orders and - instructions of the German High Command for the extermination of - the peaceful Soviet citizens. - - “Thus, for instance, the instructions of the German Supreme - Command, entitled, ‘Treatment of the Civilian Population and of - Enemy Prisoners of War,’ reads to the effect that officers are - responsible that the treatment of the civilian population be - absolutely merciless, and commands that ‘force be used against - the entire mass of the population.’ The instructions issued by - the German High Command as a directive for the occupational - authorities on Bielorussian territory read as follows: - - “‘All hostile behavior on the part of the population toward the - German Armed Forces and their organizations will be punished by - death. Whosoever shelters Red Army soldiers or partisans will be - punished by death. If the partisan cannot be found, hostages - must be taken from among the population.’” - -THE PRESIDENT: What is the exhibit number of what you are reading now? -What is the U.S.S.R. number of what you are reading now? - -MR. COUNSELLOR SMIRNOV: This document was submitted as Exhibit Number -USSR-51. It is one of the notes of the People’s Commissar for Foreign -Affairs, Molotov, dated 27 April 1942. All together, four notes have -been submitted to the Tribunal under this number. The beginning of the -note which I am now quoting is on Page 4 of your document book. The -quotation which I am now reading into the record is on Page 8 of your -document book. - -THE PRESIDENT: It is thought that this is part of the document you read -yesterday. Are you sure that it is not? - -MR. COUNSELLOR SMIRNOV: No, Mr. President. Yesterday I read into the -record a note dated 6 January 1942, and the note which I am quoting now -is dated 27 April. - -Have I your permission to continue? - -THE PRESIDENT: Yes. - - MR. COUNSELLOR SMIRNOV: “‘These hostages must be hanged if the - guilty parties or their accomplices are not found within 24 - hours. During the following 24 hours, double the number of - hostages will be hanged on the same spot.’ - - “Point 7 of Order Number 431/41 of the German commandant of the - town of Feodosia, Captain Eberhard, states: - - “‘During an alarm every citizen appearing on the street must be - shot. Groups of citizens who appear must be surrounded and - mercilessly shot. Leaders and inciters are to be publicly - hanged.’ - - “In a directive addressed to the 260th German Infantry Division, - concerning the treatment of the civilian population, it is - pointed out to the individual officers that ‘sufficient severity - is not being applied everywhere.’ - - “Orders posted by the occupants in the Soviet towns and villages - announce the death penalty for the most varied reasons: For - being on the streets after 1700 hours; for offering lodging for - the night to strangers; for not handing over Red Army soldiers - to the authorities; for failing to hand over property; for - attempting to put out a fire in an inhabited spot intended to be - burned down; for travelling from one inhabited spot to another; - for refusing to do forced labor; and so on.” - -I continue this quotation on Page 8, reverse side of the second column -of the text, Paragraph 2: - - “The German fascist High Command not only tolerates but actually - orders the murder of women and children. Organized infanticide - in some of the orders is presented as a means for fighting the - partisan movement. Thus, an order of the commander of the 254th - German Division, Lieutenant General Von Beschnitz, dated 2 - December 1941, considers the fact that ‘old people, women, and - children of all ages’ move about behind the German lines as - proof of ‘careless good nature,’ and orders the shooting without - warning of ‘every civilian person regardless of age or sex - approaching our front lines.’ It also orders that the ‘mayors be - made responsible for reporting immediately the appearance of any - unknown persons, and especially of children, to the local - Kommandantur’ and to ‘shoot immediately any person suspected of - espionage.’” - -Some data regarding the directives received from the Reich authorities -by the fascist authorities in the temporarily occupied territories are -also contained in the note. I quote from Page 9 of your document book, -Paragraph 3, Column 1 of the text: - - “Some of the crimes of the German occupiers committed by them - during the very first weeks of their piratical attack on the - U.S.S.R., and their savage extermination of the civilian - population of Bielorussia, the Ukraine, and the Baltic Soviet - republics, have only now been documentarily established. Thus, - when units of the Red Army in the district of the town of - Toropetz, in January 1942, smashed a German SS cavalry brigade, - among the documents captured was found a report of the 1st - Cavalry Regiment of this brigade concerning the ‘pacification’ - by this unit of the Starobinsk district in Bielorussia. The - commander of the regiment reports that besides taking 239 - prisoners a detachment of his regiment has also shot 6,504 - peaceful civilians. The report further states that the - detachment acted in pursuance of Order Number 42 issued to the - regiment, dated 27 July 1941. The commander of the 2d Regiment - of this brigade, Von Magill, states, in his ‘Report Concerning - the Execution of Repressive Operations on the River Pripet - between 27 July and 11 August 1941,’ the following: - - “‘We drove the women and children into the swamp, but that did - not produce the desired result, since the swamp was not deep - enough for them to drown. One can usually feel bottom (possibly - sand) at a depth of 1 meter.’ - - “In the same headquarters a telegram, Number 37, was found, sent - by the commander of the SS Cavalry Brigade.” - -THE PRESIDENT: Shall we adjourn now for 10 minutes? - - [_A recess was taken._] - -MARSHAL: May it please the Court, regarding the Defendant Hess, he will -be absent until further notice on account of illness. - -MR. COUNSELLOR SMIRNOV: I continue the quotation: - - “In the same headquarters there was discovered a telegram, - Number 37, from the commander of the Cavalry Brigade, an - SS-Standartenführer, to a cavalry unit of the above-mentioned 2d - Cavalry Regiment, dated 2 August 1941. It mentioned that the - Reichsführer of the SS and the Police, Himmler, considers the - number of the exterminated peaceful civilians far too - insignificant; and it points out that ‘it is necessary to take - radical measures’ and ‘the unit commanders conduct the - operations too mildly.’ He also orders to report every day on - the number of people shot.” - -In this connection we cannot abstain from mentioning the criminal -activities of the Defendant Rosenberg in carrying out the general -instructions of the Reich leadership for establishing a regime of terror -in the Occupied Eastern Territories or rather, if we wish to be more -accurate, for issuing, in his capacity as chief author of these -instructions, a series of laws in Ostland—this, as we know, was the -name given to the occupied regions of the Baltic States—while similar -orders and instructions of a terroristic nature were also issued by -high-ranking officials of the fascist administration set up by -Rosenberg. - -I submit to the Tribunal Exhibit Number USSR-39 (Document Number -USSR-39), the report of the Extraordinary Commission on the atrocities -of the German fascist invaders in the territory of the Estonian S.S.R. I -quote an excerpt which Your Honors will find on Page 232 of the document -book in the first column of the text, Paragraph 3. It begins as follows: - - “On 17 July 1941 Hitler issued a decree turning over the - legislative powers of the territory of Estonia to Reich Minister - Rosenberg, who later turned over this legislative power to the - German district authorities. - - “Despotism was introduced into Estonia and the peaceful - population subjected to brutal terrorism. Reich Minister - Rosenberg, the Reich Commissioner for the Baltic regions, Lose, - and the Commissioner General of Estonia, Litzmann, completely - deprived the Estonian people of all political rights. On the - basis of Hitler’s decree of 17 July 1941, Reich Minister - Rosenberg promulgated, on 17 February 1942, a special law for - people of non-Germanic nationality, providing capital punishment - for the slightest resistance against Germanization and for any - act of violence against people of German nationality. - - “For workers and employees of Estonian origin the occupants - introduced corporal punishment. On 20 February 1942 an official - of the railroad administration in Riga, Walk, sent the following - telegram to the administration of the Estonian railroads: - - “‘Every violation of discipline on the part of a native - employee, especially absenteeism, being late for work, coming - drunk to work, disobeying orders, and so forth, shall from now - on be punished with the utmost severity: (a) For the first - offense, 15 strokes with a lash on the bare body; (b) if the - offense is repeated, 20 strokes with a lash on the bare body.’ - - “On 12 January 1942 Reich Minister Rosenberg established - ‘special courts,’ consisting of a police officer, as president, - and two subordinate policemen. The procedural rules were - determined by this court at its own discretion. These ‘courts’ - pronounced death sentences with confiscation of property. No - other penalty was ever decreed. No appeal against the sentences - was admitted. In addition to the ‘courts’ established by - Rosenberg, death sentences were pronounced by the German - political police, and these sentences were carried out on the - very same day. - - “For the examination of criminal and civilian cases, - Commissioner General Litzmann introduced local courts. Judges, - prosecutors, investigating magistrates, notary publics [notaries - public], and lawyers—all, without exception, were personally - appointed by Litzmann.” - -I end the quotation. - -I further submit to the Tribunal, as our Exhibit Number USSR-18 -(Document Number USSR-18), a photostat of a plain-spoken terroristic -order of the German military authorities, and I beg Your Honors to -accept this document as a relevant part of the evidence. This is an -order of the German town commander of the city of Pskov. The Tribunal -will find the text of this order on Page 235 of the document book. It is -evident from this document that the peaceful civilian population was -even forbidden to appear on the highways of their own locality. Any -peaceful citizens seen there by the German soldiers were to be shot. I -quote the text of the document, beginning with Paragraph 3: - - “Therefore, I order: - - “1. All members of the civilian population, regardless of age or - sex, seen on or in the vicinity of railroad tracks are to be - considered as bandits and shot as such. Excepted, of course, are - the labor units under guard. - - “2. All people mentioned in the first paragraph who cross the - fields are to be shot. - - “3. All persons mentioned in Paragraph 1 who are found on the - roads at night or at dawn are to be shot. - - “4. Persons mentioned in Paragraph 1, if found on the roads - during the daytime, are subject to arrest and the most detailed - examination.” - -Such were the terroristic decrees and orders based upon the so-called -Leadership Principle that were issued by high-ranking officials and -representatives of the military authorities of the fascist German -Government. But the right of relentless reprisals against the peaceful -populations was not confined to them only; any local Kommandantur, any -commander of a small unit, and, finally, any soldier of Hitler’s army -acquired the right of reprisal against the peaceful population of the -occupied regions. - -I shall now submit to the Tribunal several documents which will reveal -how the Hitlerite criminals invariably made the most of this right, -introducing into the crimes perpetrated against the Soviet people the -cruel devices of base and evil creatures who had been granted the right -of mocking and murdering with impunity. I submit to the Tribunal, as -Exhibit Number USSR-9 (Document Number USSR-9), a report of the -Extraordinary State Commission on the atrocities perpetrated by the -German fascist occupiers in the city of Kiev. The Tribunal will find the -passage in question on Page 238 of the document file, Paragraph 5 of -Column 1 of the text. I quote: - - “The German executioners, from the very first days of their - occupation of Kiev, carried out a wholesale slaughter of the - population by torture, shooting, hanging, and poisoning by gas - in the murder vans. People were seized in the streets and shot - either in large batches or singly. Announcements of the - shootings were posted in order to intimidate the population.” - -I shall interrupt my quotation at this point, and I ask the Tribunal to -accept in evidence photostats of several of these posters. Partial -mention has already been made of them in the report of the Extraordinary -State Commission. From among their number, I would request the Tribunal -to accept in evidence the photostat of one such poster, which I submit -as Exhibit Number USSR-290 (Document Number USSR-290). The text reads as -follows—I ask the Tribunal to excuse me if the translation is, perhaps, -slightly incorrect, since the original text is in Ukrainian. I am a -Russian, I understand the meaning of the Ukrainian text, but the -translation might possibly not be quite correct in every detail. A -translation will be made. Here is the text: - - “As a reprisal for an act of sabotage, 100 inhabitants of the - city of Kiev were shot this day. Let this be a warning. - - “Every inhabitant of Kiev is co-responsible for every act of - sabotage. - - “Kiev, 22 October 1941; The Town Commandant.” - -Under Exhibit Number USSR-291 (Document Number USSR-291)—the Tribunal -will find the text on Page 243 of the document book—I submit a -photostat of the following poster, signed by the commandant of the city -of Kiev. I quote the text: - - “Means of communication—telephone and telegraph wires—have - been damaged in Kiev. Since the saboteurs could not be found, - 400 men have been shot in the city. - - “This should serve as a warning to the population, and once - again I demand that all suspects be immediately reported to the - German troops or the German police in order that the criminals - may be adequately punished. - - “Signed: Eberhard, Major General and City Commandant, Kiev; 29 - November 1941.” - -As Exhibit Number USSR-333 (Document Number USSR-333), I submit a -photostat of the third and last poster in Kiev. The Tribunal will find -the text of this poster on Page 242 of the document book at the disposal -of the Tribunal. I quote: - - “Repeated cases of arson and sabotage in Kiev force me to resort - to extreme measures. Consequently, 300 inhabitants of Kiev will - be shot today. For every new case of arson or sabotage, several - times this number will be shot. Every inhabitant of Kiev is - obliged to report any suspects to the German police. I shall - maintain order and calm in Kiev by all measures at my disposal - and under any circumstances. - - “Kiev, 2 November 1941; Eberhard, Major General and City - Commandant.” - -I refer to another document which has not even been partially read into -the record. I refer to Exhibit Number USSR-63 (Document Number USSR-63) -of the Commissar of the Djerjinski District Council of the city of -Stalingrad. I invite the Tribunal’s attention to the fact that this -official act, which was drawn up by the members of the local Soviet -authorities and the community of the Djerjinski District of Stalingrad, -was approved by the Extraordinary State Commission under the signature -of a member of the commission, Academician Trainin, and of other -persons. The members of the Tribunal will find the act in question on -Page 222 of the document book, Column 1 of the text. - -I shall begin the quotation of the report of the commission, which -investigated the territory of the Djerjinski District of Stalingrad -after the rout of the Germans at Stalingrad. This report contains -information regarding the announcements posted in the streets of -Stalingrad by the German Kommandantur and concerning the results of -these posters. I begin my quotation on Page 222 of the document book in -the possession of the members of the Tribunal, in Column 1 of the text, -last paragraph: - - “. . . the military Kommandantur sowed death everywhere. It - posted announcements in the streets, threatening death by - shooting at every step. For instance, the following announcement - was posted up in Aral Street: ‘Death to him who passes here.’ On - the corner of Nevskaya and Medveditzkaya Streets: ‘Right of way - forbidden to Russians; for violation of this order—death.’ - - “As a matter of fact, the Germans shot the citizens at every - step: Hundreds of graves along the streets of the Djerjinski - District of the city of Stalingrad bear witness to the shooting. - The bodies of those who were tortured, shot, or hanged in the - Kommandantur proper were at first thrown into a pit near the - building of the Kommandantur. After the invaders had been thrown - out, there were found 31 corpses in this pit. When the pit was - full, the corpses were brought to the cemetery 2 kilometers away - from the Kommandantur. At the cemetery there was another pit, 6 - meters deep, 40 meters long, and 12 meters wide. - - “After the invaders had been thrown out, 516 corpses of Soviet - citizens were found in this grave, including the bodies of 50 - children who had been tortured to death, shot, or hanged in the - building of the Kommandantur and in other places. An examination - of the bodies on 25 March 1943 established that the Hitlerites - had savagely tortured the Soviet people before murdering them. - In addition to the bodies of the children, the corpses of 323 - women, 69 old men, and 74 younger men were discovered. One - hundred and forty-one corpses bore traces of wounds inflicted by - firearms in the head and on the chests; 92 corpses had marks on - their necks which showed that they had been hanged. All the - other bodies were mutilated and bore traces of torture. One - hundred and thirty victims, women and girls, had their arms - twisted behind their backs and tied with wire, and 18 of the - corpses had their breasts cut off, some had their ears, fingers, - and toes chopped off, and the majority showed traces of burns on - their bodies. - - “An examination of these corpses revealed that 21 women died of - torture and wounds and that the remainder had been first - tortured and then shot. - - “Even the corpses of children were mutilated. Some had their - small fingers cut off, their buttocks chopped up, their eyes - gouged out.” - -I now cease to quote from this document, and, in compliance with the -wishes of the Tribunal to the effect that not details but instances -testifying to some new data in the system of the Hitler terror be -reported, I omit three pages of the report and turn to the following -section on the presentation of evidence: “On Tortures Inflicted by the -Hitlerites in the Course of Interrogation.” - -In general, tortures were officially provided for and sanctioned by the -Hitlerites. I present to the Tribunal, as Exhibit Number USSR-11 -(Document Number USSR-11), one of the documents testifying to the fact -that tortures were sanctioned officially. This document is an official -guide for concentration camps, “The Concentration Camp Statutes,” -published in Berlin in 1941. You will find the excerpt I am quoting on -Page 244 of the document book in your possession. Section 3 of the -instructions, for instance, entitled, “Corporal Punishment,” states: - - “Between 5 and 25 strokes are permitted on the loins and - buttocks. The number of strokes is to be determined by the camp - commandant and is to be entered in the corresponding space in - the directives governing punishment.” - -I should have liked to refer to one more document, but, as it already -has been presented to the Tribunal, in compliance with the Tribunal’s -instructions, I will omit this document—it was presented as Document -L-89—and continue. - -Official formulas to be used in “especially severe interrogations” or, -rather, interrogations with application of torture, were issued by the -corresponding German police departments. I submit it to the Tribunal and -would request them to accept in evidence an original formula of such an -“especially severe interrogation.” I submit it as Exhibit Number -USSR-254 (Document Number USSR-254). It represents an appendix to the -report of the Yugoslav Government. This form, as is evident from the -certificate attached to it, was seized from the German archives by units -of the Yugoslav Army. I shall not describe this form in my own words but -shall quote the report of the Yugoslav Government on Page 21 of the -document, from the last paragraph at the bottom of the page. The -Tribunal will find this passage on Page 256 of the document book, in the -last paragraph. I begin the quotation: - - “In order to give a clearer description of the savage cruelty in - carrying out this plan of extermination, we submit to the - Tribunal another original document which was seized in the - German archives in Yugoslavia. It is a blank form for the - so-called ‘especially severe interrogations’ of the victims of - the Nazi criminals. Such interrogations were conducted in - Slovenia by the Security Police and the SD. - - “On the first page of the form the police office suggests - submitting one particular person to an ‘especially severe - interrogation.’ On the second page the competent officer of the - SS agrees to such an interrogation. The answer to the - question—what this special ‘severe interrogation’ consisted - of—is found in the following instructions of this form: - - “The especially severe interrogation should consist of. . . . - Minutes of the interrogation should be kept. A doctor may (or - may not) be asked to be present. - - “The mention of the doctor and of his presence at the - interrogation leaves no doubt at all that the person - interrogated was to be physically tortured. The fact that - printed instructions existed for these interrogations obviously - suggests a wholesale resort to such criminal methods.” - -The Reichsführer SS clearly foresaw cases of attempted suicide by -persons under suspicion. The SS leader therefore not only permitted but -even ordered the prisoners to be tied hand and foot or shackled in -chains. I submit to the Tribunal, as Exhibit Number USSR-298 (Document -Number USSR-298), a photostat of a directive of the Chief of the German -Police, Number 202/43, of 1 June 1943. The document is certified by the -Extraordinary State Commission, and I quote the text of the document. -The document is dated 1 June 1943. I quote only the text: - - “Subject: Prevention of Escape during Interrogations. - - “In order to prevent escape during interrogations in all cases - where, owing to circumstances or the importance of the prisoner, - there exists an increased possibility of escape or of an attempt - to commit suicide, I order the hands and feet of the arrested - person to be bound in such a way that escape is impossible. - Rings and chains should be used if available.” - -I have not submitted the official directives of the German central -police authorities to the Tribunal merely to prove that the German -officials provided for the application of torture and torment during -interrogations. This fact is well known and calls for no special -evidence. But I am submitting a document, in the possession of the -Soviet Prosecution, which will show how far tortures to which arrested -persons were subjected in the police cells exceeded even the -instructions issued by the criminals and the officially sanctioned forms -of torture. - -I submit to the Tribunal Exhibit Number USSR-1 (Document Number USSR-1), -which is a report of the Extraordinary State Commission on the crimes of -the German fascist aggressors in the region of Stavropol. The -investigation of these crimes was conducted under the leadership of the -eminent academician and Russian author, the late Alexei Nikolaievitch -Tolstoy. The Tribunal will find this document on Page 272 of the -document book. I begin my quotation from the first paragraph. -Academician A. N. Tolstoy, as the Tribunal will doubtless remember, was -a member of the Extraordinary State Commission. I begin the quotation: - - “Tortures and torments, exceptional in their cruelty, were - applied to the Soviet citizens on the premises of the Gestapo. - Thus, for instance, Citizen Phillip Akimovitch Kovalchuk, born - in 1891 and an inhabitant of the town of Pyatigorsk, was - arrested on 27 October 1942 in his own apartment, beaten - unconscious, taken to the Gestapo, and thrown into one of the - cells. Twenty-four hours later the Gestapo began to torture him; - he was interrogated and beaten at night only. For the - interrogation he was put in a separate torture chamber equipped - with special devices for torture, such as chains with handcuffs - for shackling both hands and feet. These chains were fastened to - the cement floor of the chamber. To begin with, the prisoners - were stripped to the skin and laid on the floor. Then their - hands and feet were shackled. Citizen Kovalchuk was subjected to - this form of torture. When in chains, he was completely unable - to move. He lay on his stomach and in this position was lashed - with rubber truncheons for 16 days. - - “Apart from these inhuman forms of torture, the Gestapo also - resorted to the following: A wide board was placed on the back - of the shackled prisoner, and blows were struck on this board - with heavy dumbbells. As a result of these blows, the prisoner - bled from the nose, mouth, and ears and lost consciousness. - - “The torture chamber of the Gestapo was so constructed that - while one prisoner was being tortured the prisoners awaiting - their turn in the neighboring cell could watch the torture and - ill-treatment. - - “After the torture, the unconscious prisoner would be thrown on - one side, while the next victim of the Gestapo would be forcibly - dragged in from the neighboring cell, shackled, and tortured in - the same fashion. - - “The torture chambers were always covered with blood. The board - placed on the back of the prisoners was also soaked in it. The - rubber cudgels used for beating the prisoners were red with - blood. - - “The arrested Soviet people, doomed to be shot after unspeakable - torture and beatings, were dragged into trucks, driven out of - town, and there shot.” - -I omit two paragraphs and continue my quotation: - - “Witness Barbara Ivanovna Tchaika, born in 1912, domiciled in - Number 31, Djerjinskaya Street (Apartment Number 3), states that - during her incarceration in the prison of the Gestapo she had - been subjected to incredible torture by the Chief of the - Gestapo, Captain Wintz. Witness B. I. Tchaika said on this - subject: - - “‘I was subjected to ill-treatment and torture by the Chief of - the Gestapo, the German, Captain Wintz. He summoned me to the - torture chamber once for an interrogation. There were four - tables in the cell, wooden grills on the floor, and two basins - of water in which leather thongs had been placed. Two rings were - attached to the ceiling, with ropes drawn through them, from - which the prisoners were suspended during the time of their - torment. By order of Captain Wintz I was laid on the table by - the Gestapo men, stripped, and beaten severely with leather - thongs. I was beaten twice. In all I received 75 strokes of the - lash; my kidneys were almost torn out and I lost eight of my - teeth.’” - -What occurred in the torture chambers of Stavropol was no exception at -all. The same misdeeds were perpetrated everywhere. In confirmation I -will refer to the report of the Extraordinary State Commission regarding -the depredations and atrocities committed by the German fascist -aggressors in the city of Kiev. That is Exhibit USSR-9 (Document Number -USSR-9). The Tribunal will find this document on Page 238 of the -document book, Paragraph 2 from the top, Column 2. I begin the -quotation: - - “Murders were often preceded by sadistic torture. The - Archimandrite Valerian testified that the fascists beat sick and - feeble people till they were half-dead, poured water over them - when the temperature was below zero, and finally shot them in - the torture chamber of the German police, established in the - Kievo-Petchersk Abbey.” - -I invite the attention of the Tribunal to the fact that the -Kievo-Petchersk Abbey is one of the most ancient architectural monuments -in the Soviet Union. It is a specially cherished cultural treasure, very -dear to the heart of the Soviet citizens as a tangible memory of the far -distant past. The torture chamber of the police had been purposely -established in the Abbey. The Tribunal will learn of its eventual fate -from the subsequent reports of my colleagues. - -When the city of Odessa was under the rule of the fascist invaders, -interrogations were accompanied by tortures of an exceptionally cruel -nature. I refer to a testimony contained in the report of the -Extraordinary State Commission, entitled, “On the Atrocities Committed -by the German and Romanian Invaders in the City of Odessa and in the -Territory of the Odessa Regions.” - -I submit this document to the Tribunal as Exhibit Number USSR-47 -(Document Number USSR-47) and request that it be accepted as irrefutable -evidence in accordance with Article 21 of the Charter. I shall quote -this document, which is on Page 282 of your document book, Paragraph 4, -Line 10. It contains the testimony of Paul Krapyvny, producer of news -reels. I quote this passage from the report of the Extraordinary State -Commission, Page 282: - - “The interrogator had a voltage control switch on the table, and - whenever the person interrogated did not answer the question as - the examiner wished, the dial of the voltage control would be - mercilessly turned to increase the voltage; the body of the - person interrogated would begin to tremble and his eyes to - protrude from their sockets. - - “The person interrogated, with his hands tied behind his back, - would be hoisted up to the ceiling . . . where he would be spun - round and round. After having been rotated 200 times in one - direction, the victim, still suspended on the cord, would begin - to turn at an insane speed in the opposite direction. At that - particular moment the executioners would beat him on both sides - with rubber truncheons. The man became unconscious both from the - insane speed of the rotation and from the beating.” - -I refer to the document already presented by my colleague, Colonel -Pokrovsky, Exhibit Number USSR-41 (Document Number USSR-41), which is a -communication of the Extraordinary State Commission on the crimes -committed by the German fascist invaders in the territory of the Latvian -Soviet Socialist Republic. I shall quote from this document, beginning -on Page 286 on the reverse side of the document book, Paragraph 2, -Column 2 of the text. I begin the quotation: - - “In the camps and prisons the German executioners subjected - prisoners to ill-treatment, torture, and shooting. In the - central prison the internees were beaten and tortured. Day and - night shrieks and groans were heard in the torture chambers. - Every day from 30 to 35 people died as a result of the tortures. - Whoever survived the ill-treatment and torture would return to - his cell absolutely unrecognizable, burned to the bone, with - parts of his body torn to pieces. No medical aid was given to - the tortured.” - -The Hitlerites subjected Soviet citizens to ill-treatment and torture in -every town of the Latvian Soviet Socialist Republic. - -Your Honors will find analogous statements in the text of every -communication of the Extraordinary State Commission. I shall not delay -the Tribunal by quoting any further excerpts, I consider the evidence -already presented as sufficient. - -I shall now proceed to the next section of my report: murder of -hostages. - -I shall make a few introductory remarks. - -One of the most shameful crimes perpetrated by the Hitlerites in Poland, -Czechoslovakia, and Yugoslavia was the use everywhere by the German -fascists of the bestial system of taking hostages. This system was -introduced by the Hitlerites into all the countries that fell as victims -of their aggression. The German criminals resorted to particularly -ruthless methods when murdering hostages in Eastern Europe. In -introducing the hostage-seizing system the Hitlerites violated every law -and custom of warfare. - -However, it is difficult to speak of the murder of hostages where the -Soviet Union is concerned, since the crimes committed by the Hitlerites -everywhere in the temporarily occupied territories of the U.S.S.R. go -beyond even this criminal practice of taking hostages. To a great extent -the same remarks apply to Poland and particularly to Yugoslavia. Here -the Hitlerites, under the pretext of the hostage-seizing system, were -really perpetrating immeasurably greater war crimes, whose ultimate aim -was the extermination of entire nations. - -I shall now present some brief data from documents concerning the -different countries of Eastern Europe. - -I submit an extract from the report of the Government of the Polish -Republic. The Tribunal will find the passage quoted on Page 128 of the -document book, Paragraph 6. I begin the quotation: - - “a) One of the most disgraceful features of the Hitlerite - occupation of Poland was the introduction of the hostage-seizing - system. Collective responsibility, payment of collective fines, - and the bartering of human life were considered to be the best - methods for enslaving the Polish people. - - “b) Here are some typical cases of mass reprisals; they - illustrate the methods employed by the German occupants. - - “c) In November 1939 an unknown person set fire to a barn filled - with grain on the outskirts of Nove Miasto Lubavske. The barn - was the property of a German. As a result of this action, a - certain SS-Standartenführer, Sperling, received an order from - the higher authorities to resort to reprisals. A number of Poles - from among the most prominent citizens were arrested. Out of - those, 15 were selected and publicly shot by SS soldiers. Among - the victims were the two brothers Jankovsky, one a lawyer, the - other a priest, the tailor Malkovsky, the blacksmith Zemny, - Major of the Army Reserve Vona, the son of an innkeeper, the - publisher of a newspaper, and a priest, Bronislav Dembenovsky. - - “d) In October 1939 the German authorities captured a certain - number of Poles in the city of Inovrozlav and imprisoned them as - hostages. They were brought to the prison courtyard, where they - were unmercifully flogged and shot, one by one. Altogether, 70 - men were killed, including the city mayor and his deputy. Among - the victims were the most prominent citizens of the town.” - -I omit the next sentence. I quote further: - - “e) On 7 March 1941 the film star, Igo Sym, who considered - himself as being of German nationality and who was in charge of - the German theaters in Warsaw, was murdered in his own - apartment. Although the murderers were never found, the Governor - of Warsaw, Fischer, said that Sym was murdered by the Poles and - ordered the arrest of a large number of hostages. He also closed - the theaters and imposed a curfew on the Polish population. The - hostages were taken in order to secure the arrest of the - murderers. About 200 people were arrested, including teachers, - priests, physicians, lawyers, and actors. The population of - Warsaw was given 3 days to find Sym’s murderers. After the - expiration of the 3 days, the killers still remaining unknown, - 17 hostages were executed, among them Professor Kopetz, his son, - and Professor Zakrzhevsky.” - -I conclude this quotation from the report of the Polish Government and -ask the Tribunal’s permission to refer to a short excerpt from the -report of the Czechoslovakian Government. There is one part I would like -to read into the record. Your Honors will find it on Page 141 of the -document book. I begin the quotation: - - “Even before the beginning of the war, thousands of Czech - patriots and especially Catholic and Protestant clergymen, - lawyers, doctors, teachers, and so on, were arrested. - Furthermore, in every district lists were drawn up of persons - who were subject to arrest as hostages at the first sign of any - breach of ‘public order and security.’ At first these were only - threats. In 1940 Karl Frank announced, in a speech to the - leaders of the Movement of National Unity, that 2,000 Czech - hostages, interned in concentration camps, would be shot if - prominent Czech statesmen refused to sign the declaration of - loyalty. Sometime after the attempt on Heydrich’s life, many of - these hostages were executed. - - “Threats of reprisals against directors of factories in case of - some hitch in the work at the factory were a typical method of - Nazi terrorism. Thus, in 1939 the Gestapo summoned all the - directors as well as the managers of warehouses belonging to - various industrial firms and informed them that they would be - shot in case of a strike. On leaving they had to sign the - following declaration: I am aware of the fact that I would be - shot immediately should my factory cease working without a - justifiable reason.’ - - “In the same way, school teachers were held responsible for the - loyal behavior of their pupils. Many teachers were arrested only - because the pupils in their schools were caught writing - anti-German slogans or reading forbidden books.” - -I now interrupt the quotation from the report of the Government of the -Czechoslovakian Republic, and I begin to read the section recording the -killings of hostages in Yugoslavia. - -I shall just say a few words by way of introduction. These criminal -murders of the peaceful population developed on their own particular -lines in Yugoslavia. As a matter of fact, it is impossible at this point -to speak of the execution of hostages, although the Hitlerites -constantly make use of this term in their official documents, which will -be presented to the Tribunal at a later date. - -Truth to tell, under the alleged killing of hostages, the Hitlerite -criminals were realizing, on an enormous scale, the regime of -terroristic extermination of the peaceful citizens not only for crimes -which somebody or other had committed, but also for crimes which, to -Hitler’s way of thinking, might be committed. - -I submit the document that confirms this fact. It contains excerpts from -the report of the Yugoslav Government, which Your Honors will find on -Page 259 in the document book in their possession, Paragraph 1. I begin -the quotation: - - “The murder of hostages was one of those methods which were used - by military authorities and the Reich Government on an - incredible scale for the mass extermination of the Yugoslav - population. - - “The Yugoslav State Commission for the investigation of War - Crimes has at its disposal an innumerable quantity of concrete - details and original evidence taken from the German archives. We - submit only a very limited number of such details and evidence, - which are, however, sufficient proof that the killing of - hostages was merely an item in the common plan in the systematic - Nazi crime.” - -Further, the report of the Yugoslav Government quotes an order of the -commander of the so-called Group West, General Brauner. I quote the -following excerpt: - - “In regions captured by partisans, the seizure of hostages from - all strata of the population remains in force as the only really - successful means of intimidation.” - -To confirm the vast scale of the crimes of the Hitlerites in connection -with the murder of hostages, the Yugoslav Government presents to the -Tribunal six documents, which I now submit to Your Honors, and I ask for -them to be incorporated into the record as evidence. I submit the -following documents to the Tribunal: - -Firstly, under Exhibit Number USSR-261 (Document Number USSR-261), a -certified photostat of a poster of the commanding general and -Commander-in-Chief of Serbia, dated 25 December 1942, in which he -announces the shooting of 50 hostages. Secondly, as Exhibit Number -USSR-319 (Document Number USSR-319), a certified photostat of a poster -of the same commanding general, dated 19 February 1943, in which he -announces the shooting of 400 hostages, which was carried out in -Belgrade on the same date. Thirdly, as Exhibit Number USSR-320 (Document -Number USSR-320), a certified photostat of a poster of the regional -Kommandantur in Pozarevatz, dated 3 April 1943, announcing the shooting -of 75 hostages. Fourthly, as Exhibit Number USSR-321 (Document Number -USSR-321), a certified photostat of a poster of the same regional -Kommandantur of Pozarevatz, dated 16 April 1943, announcing the shooting -of 30 hostages. Fifthly, a certified copy of a poster of the military -commandant of Belgrade, dated 14 October 1943, in which he announces the -shooting of 100 hostages. I submit this document as Exhibit Number -USSR-322 (Document Number USSR-322). - -I continue my quotation from the report of the Yugoslav Government: - - “Planned and systematic murder of hostages is revealed by the - following testimonies, collected by the Yugoslav State - Commission for the investigation of war crimes on the basis of - confiscated German archives and data found in the archives. The - testimonies refer to Serbia only: - - “Four hundred and fifty hostages were shot on 3 October 1941 in - Belgrade; 200 hostages were shot on 17 October 1941, in - Belgrade; 50 hostages were shot on 27 October 1941, in Belgrade; - 100 hostages were shot on 3 November 1941, in Belgrade. - - “Further testimonies show the terrible increasing number of - these crimes at that time: - - “Ten hostages shot on 12 December 1942, in Kraguevatz; 10 - hostages shot on 12 December 1942, in Krusevatz; 30 hostages - shot on 15 December 1942, in Brush; 50 hostages shot on 17 - December 1942, in Petrovatz; 10 hostages shot on 20 December - 1942, in Brush; 50 hostages shot on 25 December 1942, in - Petrovatz; 10 hostages shot on 26 December 1942, in Brush; 250 - hostages shot on 26 December 1942, in Petrovatz; 25 hostages - shot on 27 December 1942, in Krusevatz.” - -One really could, I think, agree with the statement of the Yugoslav -Government that such figures could be cited _ad infinitum_. I continue -my quotation: - - “The shooting of hostages was, as a rule, conducted in a most - barbaric fashion. The victims were mostly forced to stand one - behind the other in batches, waiting their turn and witnessing - the execution of the preceding batch. In this manner the batches - were one after another exterminated.” - -I shall submit further to the Tribunal, as Exhibit Number USSR-205 -(Document Number USSR-205), the report of the police administration of -the quisling administration of Milan Nedich. It mentions the shooting, -on 11 December 1941 in Leskovatz, of 310 hostages, of whom 293 were -Gypsies. I continue to quote the report of the Yugoslav Government: - - “By an examination of the site and an interrogation of the - Gypsies by the regional administration investigating war crimes - in Leskovatz, the methods were established by which this - shooting was carried out.” - -Before reading the excerpt, I submit to the Tribunal the document which -was referred to by the Government of the Yugoslav Republic, as Exhibit -Number USSR-226 (Document Number USSR-226), and request it be -incorporated as evidence. In the report of the Yugoslav Government, the -following lines of this document are quoted: - - “On 11 December 1941, from 0600 hours to 1600 hours, the Germans - transported the arrested hostages in their trucks in batches of - about 20 persons each. All of them had their hands bound. They - were taken to the foot of the Mountain of Hisar. From there they - were driven on foot across the mountain . . . and then made to - stand in ranks near recently dug graves, were shot, and then - thrown into the graves.” - -THE PRESIDENT: I think this will be a good time to break off. - -Colonel Smirnov, the Tribunal appreciates the efforts that you have made -to leave out unnecessary detail and to cut down the length of your -address, and it hopes that during the adjournment you will continue your -efforts in that direction. - -MR. COUNSELLOR SMIRNOV: Certainly, Mr. President. - - [_The Tribunal adjourned until 18 February 1946 at 1000 hours._] - - - - - SIXTY-FIRST DAY - Monday, 18 February 1946 - - - _Morning Session_ - -THE PRESIDENT: I have an announcement to make, and I make it in this -order, in the form of paragraphs. - -Paragraph 1: The Tribunal cannot accept Paragraph 1 of the Prosecution’s -motion, as to the evidence of the defendants, dated 11 February 1946, -but directs that, in complying with Article 24(d) of the Charter, -counsel for the defendants shall confine their evidence to what is -required for meeting the charges in the Indictment. - -The Tribunal will announce later their decision with regard to -Paragraphs 2 to 5 of the Prosecution’s motion. - -Paragraph 2: With regard to the naming of witnesses, _et cetera_, by the -Defense under Article 24(d) of the Charter, which is referred to in -Paragraph 1 of Dr. Stahmer’s memorandum to the Tribunal, dated 4 -February 1946, the Tribunal makes the following order: - -In order to avoid delay in securing the attendance of witnesses and -procuring of documents, without prejudice to the defendant’s right to -make further application at the conclusion of the case for the -Prosecution, counsel for the Defendants Göring, Hess, Ribbentrop, and -Keitel shall, before 5 p.m. on Thursday, the 21st of February, file with -the General Secretary written statements giving the names of the -witnesses and particulars of the documents they respectively desire to -call or put in evidence, with a summary of the facts to be proved -thereby and an exposition of the relevance thereof. - -The Tribunal hereby appoints Saturday, the 23rd of February, at 1000 -hours—that is to say, 10 o’clock—for the hearing of argument upon such -statements in open session. - -Paragraph 3: The Tribunal will, in due course, issue directions as to -the filing of similar statements on behalf of the other defendants. - -Paragraph 4: The Tribunal will announce later their decision on the -other matters raised in Dr. Stahmer’s memorandum. - -The Tribunal will now hear the defendants’ counsel’s application for a -recess. - -PROFESSOR DR. HERBERT KRAUS (Counsel for Defendant Schacht): Professor -Kraus, representing defendants’ counsel. - -The defendants’ counsel are grateful for the opportunity granted by the -Tribunal to state in detail the reason for their application of 4 -February for an adjournment of the Trial after the conclusion of the -Prosecution. This application is the result of a series of proposals -with which the Defense have striven to achieve a simple, clear, and as -rapid a presentation as possible of its case. - -Only a few points of this application call for further amplification. - -All the defendants are accused of participation in a conspiracy. That is -apparently intended to mean that every act brought up in the course of -this Trial, no matter by whom it was committed and to whom it was done, -is charged against every one of these defendants, and that he can be -convicted on every one of these acts. Even though the individual Defense -Counsel finds certain fields with which he must concern himself -particularly, there are, nevertheless, no fields at all which he can -entirely ignore. - -Since most of the Defense Counsel are working with only one assistant -and sometimes alone, it can be seen how enormous is the extent of the -labor involved in the examination and discussion of the material that is -daily presented by the Prosecution. The necessary discussions with the -defendants use up the evening hours and the days on which there are no -sessions. These discussions are, moreover, because of the security -measures that have been taken, very exhausting. - -It is, therefore, simply beyond the strength of the individual defense -lawyer, along with his attendance at the Trial and his continuous -working over of the material presented at the Trial, to make those -intellectual and technical preparations that can justifiably be expected -in a trial of such significance as this. - -The material presented is not yet conclusive. The Russian Prosecution is -presenting new evidence daily. In the opinion of the Defense Counsel, it -would lead to an incorrect evaluation of the extent and importance of -accusations which the Russian Delegation is presenting if the Defense -Counsel were expected to conclude their preparations for their defense -before they had even heard the conclusions of the case for the -Prosecution. - -The Tribunal has already been informed in written application of the -difficulties involved in obtaining evidence. A few examples might be -cited in this respect, examples to which every member of the Defense -Counsel could contribute. - -One member of the Defense Counsel, in November of last year, applied for -a certain witness to be called who was of decisive importance in the -presentation of his case. The application was approved by the Tribunal. -Although this witness was a very highly placed German official, it was -only in January of this year that the camp in which he was interned -could be located. The witness has not, as yet, appeared in Nuremberg. -Therefore, the Counsel for the Defense has, so far, no idea as to which -questions this witness can testify on and what he would testify. - -In numerous cases the place of residence of witnesses, whose appearance -at the Trial had been requested by the Tribunal in November or December -of last year, could not be established. Consequently the Defense Counsel -are quite unable to help in locating them in such cases where witnesses, -interned in Allied prisoner-of-war camps, have had no opportunity of -providing information as to their whereabouts. It has been suggested to -some of the Defense Counsel to interrogate witnesses outside Germany by -presenting them with questionnaires which would enable them to be -interrogated at their place of residence. In no single case have answers -to these questionnaires reached the respective counsel for the Defense. - -In the case of witnesses living inside Germany, the Defense Counsel have -repeatedly been asked either to conduct the interrogation themselves or -to present a written affidavit. Since the Defense Counsel are confined -to Nuremberg during the sessions, they could only carry out this task -during a prolonged recess. - -Finally, one member of the Defense had, at the beginning of November, -applied for permission to submit a series of documents indispensable to -his case. These documents are in the possession of one of the -signatories of the Charter. They have been examined by the Prosecution -and have been submitted in evidence by the Prosecution insofar as they -serve to implicate the defendant in question. The Defense Counsel is -still not in possession of these exonerating documents. - -We should like to emphasize again the purely technical difficulties that -arise from the mimeographing and multiple translations. . . . - -THE PRESIDENT: Just one moment, Professor Kraus. You referred to a -document which you said was indispensable, which was in the possession -of a signatory power, examined by the Prosecution, and put in evidence -in this case, and the defendants are still not in possession of it. - -What is the reference to that document? - -DR. KRAUS: No, Mr. President; it is a collection of documents in which -the incriminating parts were presented by the Prosecution; but we, the -Defense Counsel, are not yet in possession of the exonerating parts of -that documentation. Dr. Kranzbühler, who, too, is affected by this case -can give you more detailed information. - -THE PRESIDENT: Well, there is an application, I know, by Dr. -Kranzbühler; but if it is really a part of a document, the Tribunal has -ruled on several occasions that if the Prosecution puts in a certain -part of a document, the whole of that document must be available to the -defendant’s counsel so that they can criticize and comment upon any -other part of it which may throw light upon the part of the document -which is put in evidence. - -DR. KRAUS: Yes, Mr. President; we are dealing here not with one single -document, but with a whole collection of documents and Dr. Kranzbühler -only wishes to extract from this collection the documents which would -assist him in exonerating his client, after the incriminating documents -have been presented by the Prosecution. - -THE PRESIDENT: You may continue. - -DR. KRAUS: The Defense is grateful to the Prosecution for the readiness -they have expressed in assisting the Defense in technical questions. The -great difficulties which the Prosecution themselves have experienced in -this connection, and which have repeatedly led to discussions by the -Tribunal, show, nevertheless, that an efficient solution of this problem -calls for a suitable length of time. The Defense consider it important -to assure the Tribunal of their readiness and their determination not to -prolong the Trial unnecessarily. They are, however, of opinion that an -inadequate a priori preparation will lead to a corresponding increase in -the duration of the Defense, and that the subsequent results might not -at all suffice to allow the Tribunal to give a fair verdict. - -The Defense Counsel think they are in agreement with the Tribunal in -saying that this Trial, so important in the history of humanity, should -be conducted throughout with the peace and reflection which have -hitherto characterized its course. Per contra, undue importance should -not be attached to the understandable impatience of those who insist on -a rapid termination of the Trial. In this sense the Defense requests the -Prosecution to support their application. The length of time applied -for, that is, 3 weeks, cannot be considered unreasonable in view of the -total length of time which the Prosecution have envisaged for the -completion of their case. The granting of this length of time would, on -the other hand, allow for the fact that the Defense, in the conduct of -their case, find themselves both spiritually and materially in a very -difficult position. Mention should be made that a number of us have -subscribed to today’s application, contrary to the opinion of the -defendants we represent, who desire a rapid termination of these -proceedings. We feel that we are accountable to none but our own -consciences and our professional duties as Counsel for the Defense. - -I therefore request the Tribunal to take note that, after serious and -thorough consideration, my colleagues and I, without exception, are -convinced that the length of time applied for, that is, 3 weeks, is the -minimum time which they consider essential for an orderly preparation of -the defense. - -THE PRESIDENT: Dr. Kraus, the Tribunal would like to know, if you can -answer the question, whether defendants’ counsel have by this time -ascertained all, or nearly all, the witnesses whom they desire to call -in evidence; whether they have made up their minds, up to this stage, as -to what witnesses they desire to call. - -DR. KRAUS: I cannot answer this question, since that would call for a -general inquiry. I should have to ask my colleagues. The cases to my -knowledge vary from one lawyer to another. Some of the lawyers of the -Defense are more or less ready in this respect; others are not. - -SIR DAVID MAXWELL-FYFE: May it please the Tribunal, I think it would be -convenient if I followed the admirably lucid exposition of Professor -Kraus by asking the Tribunal to direct its attention to two aspects of -the matter: First, what Professor Kraus called the intellectual -preparation, and secondly, the mechanical necessities of presentation of -the Defense. - -On the first point I draw the attention of the Tribunal to the way that -it is put in the written application signed by Dr. Stahmer, which was -followed in the main by Professor Kraus today. It is stated that a -respite is required for the construction of the Defense after conclusion -of the Indictment, that is, of the Prosecution; secondly, that the -Defense Counsel have, until now, not had the time to prepare their -defense in such a manner that smooth functioning is guaranteed; and -thirdly, a line or two lower down, in justice it cannot be expected of -the Defense Counsel that they will be able to answer on the spot. - -I respectfully request the Tribunal’s attention to some matters of -dates. - -The Indictment in this case was filed on the 18th of October, which is -exactly 4 months ago today. The defendants were immediately acquainted -with the contents of the Indictment, and it is a document of sufficient -public importance to give ground for the belief that Defense Counsel -must have, at any rate, had its general contents very quickly in mind. - -On that day General Nikitchenko, presiding over this Tribunal, stated at -Berlin, “It must be understood that the Tribunal, which is directed by -the Charter to secure an expeditious hearing of the issues raised by the -charges, will not permit any delay either in the preparation of the -defense or of the Trial.” - -I remind the Tribunal that the Indictment contains more full particulars -than probably any indictment in the history of jurisprudence. - -The third point is that preliminary lists of documents were placed in -the defendants’ Information Center on the 1st of November. The lodgment -of preliminary documents, not complete but amounting to many hundreds, -was made on the 15th of November. Except for one, Dr. Bergold, on behalf -of the Defendant Bormann, all the counsel representing individual -defendants were appointed by the 10th of November. - -Next, there have been four detailed speeches by the Prosecution -explaining the scope and emphasis of the Prosecution’s case. Every -experienced advocate knows that the opening speech giving the emphasis -is one of the most important matters for the Defense. - -As Professor Kraus said, from the beginning of November there have been -applications for witnesses. I shall deal later with certain of the -individual points, but I want to say this generally, that any one who -has read these applications must be aware that the Defense, from an -early date, have appreciated not only the case they have to meet, but -the line which they wish to pursue. - -My eighth point is that, having heard practically the whole case on -Counts One and Two, the common plan and aggressive war, the defendants -received a 12-day recess at Christmas, and it was indicated by the -President that this was, in part at any rate, for their assistance. - -It is a point of fair comment that most of us have been engaged in quite -considerable trials where men’s lives have been at stake, when any -question of any adjournment at all would not come into the picture. But -this case does not stop there. - -My next point is that on Counts One and Two, the common plan and -aggressive war, the cases against the individual defendants were -co-ordinated and the relevant documents collected in the individual -presentations. In every case defendants’ counsel had these documents and -trial briefs by the latest at the middle of January. All the -presentations were concluded by the 17th of January except for four. The -matter has been brought up to date by the expositions of M. Dubost, M. -Quatre, and by my Soviet colleagues as they went along. In addition, the -transcripts, of which each defendant receives a copy in German, show the -weight and emphasis which the Prosecution attach to the different -individual cases. - -We all know, from our own experience, that you cannot prepare any -defense in any trial without the burning of midnight oil; but I do -impress upon the Tribunal that the assistance which has been given and -the time which has been allowed is remarkable in this case. - -I want to deal much more shortly with the mechanical side of it, because -Professor Kraus has been fair enough and good enough to say that the -Prosecution have given assistance. And I want to say this, that we are -quite prepared, when there is any question of photostating a German -document, or of mimeographing or reproducing a document in any other -way, or providing additional clerical assistance, to go beyond what we -have done and to meet any request made to us to the utmost of our -ability. - -Now I want to deal with the essential point which Professor Kraus has -made, that the Prosecution have had a long time to prepare and develop -their case, and Defense have corresponding rights. - -In my respectful submission, there is this essential difference between -the case for the Prosecution and the case for the Defense. The -Prosecution must cover the whole field; the Defense selects the issues -on which it will make its fight. - -I respectfully disagree with the contention of Professor Kraus that that -is altered by the fact that we are here dealing with a conspiracy -charge. Whether the charge is conspiracy or not, there are certain facts -which are not in dispute. There are certain facts which will be, as is -indicated by Dr. Stahmer’s memorandum, the subject of legal argument or -discussion as to the true inference to be drawn from them; and the fact -that a case is based on conspiracy does not alter the fact that certain -matters are either going to be contradicted by evidence or left -uncontradicted. - -I, myself, have seen nothing to suggest that, for example, the -re-establishment of military forces in Germany, the occupation of the -Rhineland, the Anschluss in Austria, the existence and circumstances of -concentration camps, many of the actions of certain SS-divisions and -bodies under Himmler, are going to be disputed at all, because the -defendants’ counsel have had the opportunity of cross-examining -witnesses on many of these matters, and there has been no challenge by -cross-examination. - -I do not question for the moment nor seek to deal with the decision of -the Tribunal this morning, which, of course, I accept with the utmost -loyalty, but I hope the Tribunal will not think it wrong for me to -mention in explanation that the Prosecution were anxious for the Defense -to eliminate the matters in issue and would have been prepared, so far -as it lies with them, to agree to a certain time being given for that -purpose. But yet, the defendants have said—and again I make no -complaint—that they are not prepared to do it. Therefore, that reason -for adjournment disappears. - -I do not want the Tribunal to think that we are either unimaginative or -unreasonable. We know, because we have seen the other side of the -shield, that there are certain mechanical matters and matters of -conclusion of preparation which have to be done before a case is put -forward. We quite appreciate that the defenders of Göring, of Hess, and -of Ribbentrop may require a day or two to put their tackle in order, but -I want to make clear that that, in our view, is quite different from a 3 -weeks’ adjournment. - -I respectfully agree with every word that Professor Kraus has said about -the maintenance of the dignity of the Trial, but it is not essential, in -my respectful submission, for the maintenance of the dignity of the -Trial that the Trial should take place in slow time. That would not only -be wrong, but it would be directly contrary to the portion of the -Charter to which General Nikitchenko referred at Berlin. - -With regard to the witnesses, there are, as the Tribunal knows, certain -difficult matters, in that, to begin with, the defendants asked for many -witnesses who were very largely repetitive; and they have, as I judge -the application, begun recently to get clear who are the essential -witnesses, and the Tribunal will rule on that finally as it has -indicated. - -I only take one other example. Professor Kraus mentioned the question of -certain documents for which Dr. Kranzbühler was asking, which were, as I -understand it, U-boat diaries. I have arranged that Dr. Kranzbühler’s -assistant will be enabled to go to London and examine these documents at -his leisure in the Admiralty. That is on paper in our reply. I -respectfully submit that that sort of attitude is the best and most -helpful attitude for letting the Defense get what they wish. - -Mr. President, I have nearly exhausted my time, and I only say this in -conclusion: The Prosecution has had to collate and co-ordinate actions -taking place over a long period, certainly 12 years, in some cases 20 -years. We have collated and co-ordinated the evidence of these actions. -We have presented a case which is grounded mainly on the written -statements or written records of statements made by the defendants -themselves. The task before the Defense is to give the explanation that -what they say is the true color of words that have been proved—and not -disputed—to have come out of their own mouths. - -They have had the time which I have stated and which I shall not repeat, -but that being the state of this case, it is the attitude of the -Prosecution, with, as I say, every desire to help in any way that is -possible in the actual work, whether it be mechanical or preparing -documents or otherwise, that the defense cannot rightfully ask for -further time for general reflection and consideration on a case which -has that basis. We therefore respectfully but firmly object to any -adjournment other than a matter of individual days, not more than a -week, certainly—we should say less than that—for the purpose of -completing preparations and putting mechanical tackle in order. - -That, Mr. President, is the attitude of all my colleagues. - -THE PRESIDENT: The Tribunal will consider its decision on this matter -and it will adjourn this afternoon at 4 o’clock in order to consider the -other matters which are raised in Dr. Stahmer’s memorandum. - -SIR DAVID MAXWELL-FYFE: Very good. - -Before I sit down, I am asked by my colleagues to make this clear. I, -myself, did not tie myself in my argument to any number of days because -a weekend may intervene and different considerations may arise, but my -colleagues wish it to be before the Tribunal that their view is that, -taking into account the time which will elapse before the Soviet case is -concluded, and the argument on the organization for which time has to be -allowed, that 2 days is the figure they have in mind, although, as I -say, a weekend may intervene which may add to that. I want to make it -quite clear that we are quite definite. - -I am very grateful. - -THE PRESIDENT: Colonel Smirnov, will you continue your address. - -MR. COUNSELLOR SMIRNOV: I continue with the presentation of evidence in -regard to Yugoslavia. - -In corroboration of the criminal system of hostages which was fully -developed in Yugoslavia, the Government of Yugoslavia has submitted a -series of originals and certified photostatic copies of different -documents. I shall not submit my own comments on these documents which -were incorporated into the report of the Yugoslav Government. I shall -merely restrict myself to the presentation of the documents themselves, -since they are definite and do not call for further comment. - -I present as Document Number USSR-256(a) the original of an -announcement, dated 12 August 1941, which mentioned the shooting of 10 -hostages. The printed poster was signed by the German Police -Commissioner in Lasko, Hradetzky. - -Further, as Document Number USSR-148, I present a certified photographic -copy of announcement of the shooting of 57 persons. This poster, from 13 -November 1941, was signed by Kutschera. - -Further, as Document Number USSR-144, I present a certified copy of an -announcement of 21 January 1942, relating to the shooting of 15 -hostages. The poster was signed by Roesener. - -Further, as Document Number USSR-145, I present a certified photographic -copy of a poster announcing the shooting of 51 hostages, and the date is -1942, month unknown. The poster is signed by Roesener. - -Further, I present as Document Number USSR-146, an original announcement -printed as a poster, signed by Roesener, which announced that on 31 -March 1942, 29 hostages were shot. - -Further, I present as Document Number USSR-147 a certified photographic -copy of the announcement, printed as a poster, which stated that on 1 -July 1942, 29 hostages had been shot. - -I consider that the sum total of these documents is sufficient to prove -that the system of hostages was widely used in Yugoslavia. - -To conclude my presentation of evidence in this particular field, I -refer to Exhibit Number USSR-304 (Document Number USSR-304), Report -Number 6 of the Yugoslav Extraordinary State Commission for the -investigation of war crimes. I read one paragraph of this document into -the record: - - “A group of hostages at Celje were strangled on hooks used by - the butchers for hanging meat. In Maribor, the doomed, in groups - of five, had to place the bodies of the hostages already - executed in boxes and then load them into trucks. After that - they themselves were shot, while the next group of five, in - their turn, continued with the loading. This went on - continuously. Sodna Street in Maribor was all soaked in blood - pouring from the trucks.” - -I end my quotation here. - -It seems to me that in submitting to the Tribunal a summary of the -terroristic regime established in the countries of Western Europe, this -summary would be incomplete without some mention of a country like -Greece, a country which also was a victim of the terroristic regime -which the German fascists had established. Therefore I present to the -International Military Tribunal a report of the Government of the Greek -Republic. This report is duly certified with the signature and seal of -the Greek Ambassador in Great Britain, as well as of a member of the -British Foreign Office. This document is submitted to the Tribunal as -Exhibit Number USSR-79 (Document Number UK-82), and I shall read into -the record a few excerpts from this report which concerns the setting up -of the fascist terror regime in Greece and which also deals with the -same criminal system of hostages. - -The war against Greece was declared by Germany on 6 April 1941, and -already on 31 May the German commanding general in Athens had published -a frankly terroristic order directed against the peaceful population of -Greece. The direct pretext for publishing this was the fact that on 30 -May 1941 the Greek patriots had torn down the swastika from the -Acropolis. - -I here quote this order of the commanding general of the German Armed -Forces in Greece, from the report of the Greek Government, on Page 33 of -the Russian translation. This order threatens severe punishment for the -following reasons: - - “a. Because in the night of 30-31 May, the German banner flying - over the Acropolis was torn down by persons unknown. Those - guilty of this act, as well as their accomplices, will be - punished by death. - - “b. Because the press and the public opinion of all classes - still express evident sympathy in favor of the English, now - expelled from the continent of Europe.” - -Therefore, even sympathy for the English brought the same terrible -punishment. - - “c. Because events in Crete were not only not condemned, but - were even favorably commented on in many circles.” - -Here the commander of the German Armed Forces was evidently referring to -the patriotic resistance of the inhabitants of the Island of Crete. - - “d. Because, although absolutely forbidden, repeated gestures of - sympathy, such as gifts, flowers, fruit, cigarettes, _et - cetera_, were made to British prisoners; and these - demonstrations were tolerated by the Greek police who did not - intervene to stop them with the means at their disposal. - - “e. Because the behavior of large number of Athenians towards - the German Armed Forces has again become less friendly.” - -From that time onwards the same regime of the German fascist terror was -established in Greece that characterized the actions of the Hitlerite -criminals in all the territories they occupied. In confirmation of that -fact I cite the report of the Greek Government on Page 34 of the Russian -translation. I quote, beginning with Line 4 from the top of the page: - - “In violation of Article 50 of the Hague Convention they - systematically punished the innocent, adhering to the principle - that the community as a whole must bear the responsibility in - full for acts committed by individual persons. - - “They used starvation as an instrument of pressure and for - weakening the spirit of resistance in the Greek population. Very - few people were tried by courts-martial; and these, when held, - were a mere parody of justice. They instituted a policy of - reprisals, including the seizure and killing of hostages, mass - murders, and the destruction and devastation of villages, for - acts committed in their vicinity by individuals unknown. - - “The great majority of those executed were taken at random from - the prisons and camps, without any possible relation to the act, - in reprisal for which they were executed. The life of every - citizen depended on the arbitrary decision of the local - commander.” - -It seems to me quite correct to consider the murder, in Greece, of -thousands of people by starvation, as one of the most powerful factors -of the terrorist regime established by the German fascists in Greece. In -connection with this subject, the following statement is made on Page 36 -of the Russian text: - - “It is an incontestable fact that a great majority of the Greek - population lived on the verge of starvation for nearly 3 years. - Many thousands suffered from real starvation for several months - before relief shipments could reach them. As a result, the death - rate increased by 500 or 600 percent in the capital and 800 to - 1,000 percent in the Greek islands, as from September 1941 to - April 1942. The infant mortality was 25 percent, and the health - of the survivors was greatly undermined.” - -The report of the Greek Government cites excerpts from reports of -neutral missions. I quote one of these excerpts, which is on Page 38 of -the Russian text of the Greek Government report. I begin the quotation: - - “During the winter of 1941-42 when famine reigned in the - capital, conditions in the provinces were still tolerable. - During the following winter, however, when Canadian relief for - the larger towns had been swallowed up by the unrestricted - market, the situation was very different. During our first tours - of inspection, when investigating the situation in general, we - met in March 1943 populations literally weeping for bread. Many - villages lived only on a substitute bread baked with Ersatz - flour, wild pears, and acorns—food ordinarily suitable for - pigs. In many districts the population had seen no other bread - since December. We were taken inside the houses and shown empty - shelves and larders; we saw people cooking grass without oil, - only to fill their stomachs somehow or other. The inhabitants of - the poorer villages were all emaciated. The children, in - particular, were often in a pitiful condition with skinny limbs - and swollen stomachs. They had none of the vitality and - happiness natural to children. It was quite usual for half the - children to be unable to attend school.” (Report of the Swedish - delegates to the Peloponnesian Islands, January 1944.) - -In order to describe the hostage-holding regime established by the -Hitler criminals in Greece, I shall also quote excerpts from the Greek -Government report. From the text of this report it is quite evident that -shootings of hostages during the first weeks of the German occupation of -Greece were carried out on a wide scale. I quote, for this reason, an -excerpt from the Greek report on Page 41. I begin at the third line from -the top of the Russian text: - - “Hostages were taken indiscriminately and from every class of - the population. Politicians, professors, scientists, lawyers, - doctors, officers, civil servants, clergymen, manual workers, - women, all those labeled as ‘suspect’ or ‘Communist’ were thrown - into local prisons or concentration camps. Prisoners under - interrogation were subjected to various ingenious forms of - torture. Hostages were concentrated in places of confinement - where the arrested persons were subjected to the most unbearable - regime.” - -The report of the Greek Government—also on Page 41 of the Russian -text—states with regard to this matter: - - “The inmates were starved, beaten, and tortured. They were made - to live under perfectly inhuman conditions without medical help - or sanitation. There they were subjected to the refined sadism - of the SS guards. Many were shot or hanged. Others died from - cruel treatment or starvation, and only a few were released and - survived until the date of the liberation of the country. - Hostages were also deported to concentration camps in Germany: - Buchenwald, Dachau, _et cetera_.” - -The report gives the total number of hostages murdered. The same page -contains the following statement, “The number of hostages shot amounts -to some 91,000.” - -In order fully to understand on what a tremendous scale the Hitlerites -committed their crimes in connection with the physical extermination of -the Soviet people in the territory of the U.S.S.R., I ask the Tribunal -to refer to Page 299 in their document book. - -THE PRESIDENT: You are now passing away from Greece, are you, Colonel -Smirnov? - -MR. COUNSELLOR SMIRNOV: Yes, Sir. - -THE PRESIDENT: We will take a recess then. - - [_A recess was taken._] - -MR. COUNSELLOR SMIRNOV: With your permission, Mr. President, and in -accordance with the instruction of the Tribunal, I shall omit a number -of items in my statement. These items, which I shall exclude from the -text, amount to a number of pages; and I request your permission to tell -the interpreters how many pages I skip. I draw the attention of the -Tribunal to a document dealing with the large-scale extermination of -Soviet nationals in the temporarily occupied districts of the U.S.S.R. -In confirmation of this fact I refer to a document which you, Your -Honors, will find on Page 291 of the document book, at the end of the -last paragraph of the first column and on the second column of the text. -This deals with the report of the Extraordinary State Commission of the -Soviet Union concerning the destruction, plundering, and atrocities of -the German fascist invaders in the town of Rovno and the Rovno region. I -submit this document as Exhibit Number USSR-45 (Document Number -USSR-45). - -I quote the results of the examination by legal-medical experts -concerning the bodies of peaceful Soviet citizens murdered by the -Germans and subsequently exhumed: - - “1. In all investigated burial places in the city of Rovno and - its surroundings, over 102,000 corpses of peaceful citizens and - prisoners of war, shot or murdered by other methods, were - discovered. Out of this figure: - - “a) In the city of Rovno, near the lumber yard on Belaya Street, - 49,000 corpses were discovered. - - “b) In the city of Rovno, on Belaya Street, in the vegetable - gardens, 32,500. - - “c) In the village of Sossenki, 17,500. - - “d) In the stone quarries near the village of Vydumka, 3,000. - - “e) In the area surrounding Rovno prison, 500.” - -I draw the attention of the Tribunal to the following text, where we -read indications as to the distribution of certain methods of murder -adopted by the criminals in the various periods. Mass shootings, as -shown in the following Subparagraphs a, b, and c, took place in 1941. -The extermination of peaceful citizens in the gas wagons occurred in -1943, as shown in Subparagraph d. Shootings followed by burnings of the -corpses in 1943, and shootings in the jail occurred in 1944. - -I skip the next page, and draw the attention of the Tribunal to that -part of the document which is on Page 240, second column of the text; a -description of the methodical destruction of the inmates in Rovno -prison. I dwell on this point because similar methods of extermination -of Soviet people are typical of the terrorist regime established by the -Hitlerite invaders in the temporarily occupied territories of the -U.S.S.R. I begin my quotation on Page 240 of the document book: - - “On 18 March 1943 the Rovno paper _Volyn_ of the German - occupational troops published the following announcement: - - “‘On 8 March 1943 inmates of Rovno prison attempted to escape, - whereby they killed one German prison official and one guard. - The escape was thwarted by the energetic action of the prison - guard. By order of the commandant of the German Security Police - and the SD, all the prison inmates were shot on that same day.’ - - “In November 1943 the German district judge was murdered by a - person unknown. As a measure of retaliation, the Hitlerites - again shot over 350 inmates of Rovno prison.” - -I will not quote any further examples of the executions in the prisons, -since in those documentary films which will be submitted to the -Tribunal, Your Honors will find a series of similar crimes committed by -the Hitlerite invaders on the territories of the U.S.S.R. I pass on to -the following part of my statement: “The retaliatory destruction of -village populations.” - -In the infinite chain of German fascist crime, there are some which will -remain for a long time, perhaps forever, in the memory of indignant -mankind, even though mankind will have learned about still graver crimes -perpetrated by the Nazis. One of the crimes that will thus be remembered -is the destruction of a small Czechoslovak village called “Lidice” and -the bestial reprisal against the population of that village. - -Many times and in even more cruel forms, the fate of Lidice was suffered -on the territory of the Soviet Union, of Yugoslavia, and of Poland; but -mankind will remember Lidice and will never forget it, for this little -village became a symbol of Nazi criminality. The destruction of Lidice -was a retaliation by the Nazis for the just execution of the Protector -of Bohemia and Moravia, Heydrich, by Czechoslovak patriots. - -The Chief Prosecutor of the U.S.S.R., when speaking of Lidice, quoted an -official German report concerning this act of terror, which was -published in the paper _Der Neue Tag_ on 11 June 1942. - -I will quote a very short extract from the report of the Czechoslovak -Government, which the Tribunal will find on Page 172 of the document -book: - - “On 9 June 1942 the village of Lidice was surrounded, on the - order of the Gestapo, by soldiers who arrived from the hamlet of - Slany in 10 large trucks. They allowed anyone to enter the - village, but no one was permitted to leave. A 12-year-old boy - tried to escape; a soldier shot him on the spot. A woman tried - to escape; a bullet in the back mowed her down, and her corpse - was found in the fields after the harvest. - - “The Gestapo dragged the women and children to the school. - - “The 10th of June was the last day of Lidice and of its - inhabitants. The men were locked up in the cellar, the barn, and - the stable of the Horak family farm. They foresaw their fate and - awaited it calmly. The 73-year old priest, Sternbeck, - strengthened their spirit by his prayers.” - -I omit the following two paragraphs and pursue my quotation: - - “The men were led out of the Horak farm into the garden behind - the barn, in batches of 10, and shot. The murders lasted from - early morning until 4 o’clock in the afternoon. Afterwards the - executioners were photographed with the corpses at their feet.” - -I skip the following four paragraphs and pass on to the fate of the -population of Lidice: - - “The fate of the men of Lidice has been described. One hundred - seventy-two adult men and youths from 16 years upwards were shot - on 10 June 1942. Nineteen men who worked on 9 and 10 June in the - Kladno mines were arrested later on in the collieries or nearby - woods, taken to Prague and shot. - - “Seven women from Lidice were shot in Prague as well. The - remaining 195 women were deported to the Ravensbrück - concentration camp. Forty-two died of ill-treatment; seven were - gassed; three disappeared. Four of these women were taken from - Lidice to a maternity hospital in Prague where their newly born - infants were murdered; then the mothers were sent to - Ravensbrück. - - “The children of Lidice were taken from their mothers a few days - after the destruction of the village. Ninety children were sent - to Lodz, in Poland, and thence to Gneisenau concentration camp, - in the so-called Wartheland. So far no trace of these children - has been found. Seven of the youngest, less than a year old, - were taken to a German hospital in Prague. After examination by - ‘racial experts’ they were sent to Germany, there to be brought - up as Germans and under German names. Every trace of them has - been lost. - - “Two or three infants were born in Ravensbrück concentration - camp. They were killed at birth.” - -The fate of Lidice was repeated in many Soviet villages. Many peaceful -citizens of these villages perished in even greater torment: They were -burned alive or died, victims of still more brutal forms of execution. - -I have considerably reduced the volume of the examples which I wished to -quote, and I omit the next page of the text, drawing the attention of -the Tribunal to the text on Page 295, second column of the text. This -document, already submitted to the Tribunal by my colleague, Colonel -Pokrovsky, is a report of the Extraordinary State Commission of the -Soviet Union on the crimes of the Hitlerite invaders in the Lithuanian -Soviet Socialist Republic. I quote one paragraph only: - - “On 3 June 1944 in the village of Perchyoupa of the Trakai - district, the Hitlerites broke into the village, surrounded and - plundered it completely, after which, having driven all the men - into one house and the women and children into three others, - they set fire to the buildings. Those who attempted to flee were - caught by the fascist monsters and thrown back into the burning - houses. In this manner the entire population of the village, 119 - souls in all, 21 men, 29 women”—and I stress—“69 children, - were burned to death.” - -I close the quotation and beg the Tribunal to turn to another document, -which I submit as Exhibit Number USSR-279 (Document Number USSR-279). It -is a communiqué of the Extraordinary State Commission on the crimes of -the German fascist invaders in the cities of Viazma, Gjatsk, and Sychev, -of the Smolensk region, and also in the city of Rjev in the Kalinin -region. - -I would have liked to dwell more fully on this report but I will now -summarize it in order to shorten my statement. I skip two pages of the -text and pass on to Page 145 of my text. I quote the sixth paragraph: - - “In the village of Zajtschiki, members of the Gestapo drove into - one house the following persons: Michael Zaikov, age 61; Nikifor - Belyakov, age 69; Catherine Begorova, age 70; Catherine - Golubeva, age 70; Jegor Dadonov, age 5; Myra Zernova, age 7; and - others—23 persons all told. The Gestapo set fire to the house - and burned all the victims alive.” - -I omit two paragraphs and quote one more paragraph: - - “In retreating from the village of Gratschevo in the district of - Geschatsk, in March 1943, the assistant chief of the German - Field Police, Lieutenant Boss, drove 200 inhabitants into the - house of the peasant woman Chistyakowa.”—The names of still - more villages are then given.—“He locked the doors, set fire to - the house, and all the 200 were burned alive.” - -I will not enumerate the names of the people, but I wish to draw the -attention of the Tribunal to the fact that some of these people were 63 -and 70 years old, some of the children were 3, 4, and 5 years old. - -I omit two paragraphs and quote another excerpt: - - “The fascists burned all the inhabitants, both young and old, of - the villages of Kulikovo and Kolesniki, of the Geschatsk - district, in one farmhouse.” - -I conclude the reading of this document. - -I now ask the Tribunal to accept in evidence a German document, -submitted in evidence as Exhibit Number USSR-119 (Document Number -USSR-119). This is a certified photostat of an operational report and -other documents of the 15th Police Regiment. Among them we find one -entitled, “Summary of a Punitive Expedition to the Village of Borysovka, -22 and 26 of September 1942.” The Tribunal will find this document on -Page 309 of the document book. - -I quote in brief from this document, which proves beyond doubt that -under the guise of the anti-partisan struggle the Hitlerite criminals -mercilessly annihilated the peaceful population of the Soviet villages. -I quote the first part under the heading: - - “1. Mission: The 9th Company must destroy the village of - Borysovka, which is infested by partisans. - - “2. Forces: Two platoons of the 9th Company of the 15th Police - Regiment, one platoon of gendarmes of the 16th Motorized - Regiment, and one tank platoon from Beresy-Kartuska.” - -I emphasize, Your Honors, that the expedition included a tank platoon -from Beresy-Kartuska. Against whom were these tanks and the two platoons -supposed to operate? We find an answer to this question in the following -item of this report: - - “3. Execution of mission: The company assembled in the evening - on 22 September 1942 in Dyvin. During the night from 22 to 23 - September 1942, they marched from Dyvin in the direction of - Borysovka. The village was encircled from the north to the south - by two platoons at 4 a.m. At daybreak the entire population of - the village was collected by the village elder of Borysovka. - After an investigation of the population with the assistance of - the Security Police and the SD from Dyvin, five families were - resettled in Dyvin. The remainder were shot by a specially - detailed squad and buried 500 meters to the northeast of - Borysovka. Altogether 169 persons were shot consisting of 49 - men, 97 women, and 23 children.” - -I consider that these figures are so eloquent that I can conclude the -reading of this document and, omitting two pages, pass on to the next -part of my statement. - -I beg the Tribunal to look at Page 316 of the document book, which -contains the report of the Extraordinary State Commission on the -destruction caused by the German fascist invaders in the Stalinsk -region. - -Hitherto I have submitted proof of the fact that in the villages the -German fascist invaders criminally exterminated the Soviet population by -burning their victims alive. In this report we find a confirmation of -the fact that people were burned alive equally in the cities and towns. -This document is submitted to the Tribunal as Exhibit Number USSR-2 -(Document Number USSR-2). I quote from Page 316 of the document book: - - “In the city of Stalino, the German invaders drove the residents - of a professor’s house into a barn, closed the entrance, blocked - it, poured oil on the barn, and set it on fire. All those in the - barn lost their lives, with the exception of two little girls, - who saved themselves by pure chance. - - “On 11 November 1943 the members of this commission”—I omit the - next part containing the composition of this commission—“made - excavations on the site of the barn and while investigating it, - they discovered 41 charred human corpses.” - -From the very first days of the war against the U.S.S.R. the German -fascist terror toward the peaceful population assumed monstrous -proportions. This was noted in the reports of several German officers, -who had participated in the first World War and who stressed the fact -that even in the cruelty of the first World War they had never witnessed -anything similar. - -I again refer to a German document and submit to the Tribunal as Exhibit -Number USSR-293 (Document Number USSR-293), an authenticated photostat -of a report from the former commander of the 528th Regiment, Major -Roesler, and a report by Schirwindt, who was chief of the 9th Military -District. Since this document is of sufficient interest I will read it -into the record in full. You, Your Honors, will find the extract on Page -319 of the document book. I quote: - - “Kassel, 3 January ’42; Major Roesler; Report. - - “The matter entrusted to me by the 52d Reserve Regiment, - entitled ‘Attitude towards the Civilian Population in the East,’ - prompts me to report the following: - - “At the end of July 1941 the 528th Infantry Regiment, then under - my command, was on its way from the West to their rest area in - Zhitomir. After I had moved with my staff into the staff - quarters, on the afternoon of the day of our arrival, we heard - rifle volleys, at a short distance from us, at regular - intervals, followed a little later by pistol shots. I decided to - find out what was happening and started out with my adjutant and - the courier (First Lieutenant Von Bassevitz and Lieutenant - Müller-Brodmann) in the direction of the rifle shots. We soon - had the impression that something was happening, since after - some time we saw numerous soldiers and civilians streaming - toward the railway embankment behind which, as we were told, - executions were taking place. We could not, at first, reach the - other side of the embankment for a long time. After a certain - definite interval, however, we heard the sound of a whistle - followed by a volley of about 10 rifles, which in turn was - followed, some time later, by pistol shots. When we finally - scrambled over the embankment a picture of horror was revealed - to us. A pit, about seven to eight meters long and perhaps four - meters wide, had been dug in the ground. The upturned earth was - piled on one side of the pit. This pile of earth and the side of - the pit were completely soaked in blood. The pit itself was - filled with numerous corpses of all ages and sexes. There were - so many corpses that one could not even ascertain the depth of - the pit. - - “Behind the pile of earth stood a police detachment under the - command of a police officer. The uniforms of the police bore - traces of blood. Many soldiers from the troops just billeted in - the area stood around. Some of them wore shorts and lounged - about as spectators. There were also a number of civilians; - women and children. I approached the grave as near as possible - in order to get a picture, which I was never able to forget. - - “In this grave lay, among others, an old man with a white beard, - clutching a cane in his left hand. Since this man, judging from - his sporadic breathing, still showed signs of life, I ordered - one of the policemen to kill him off. He smilingly replied, ‘I - have already shot him seven times in the stomach. He can die on - his own now.’ - - “The bodies lay in the grave, not in rows, but as they had - fallen from the top of the pit. All these people had been killed - by rifle shots in the nape of the neck and then in the pit were - granted the coup-de-grace of a pistol shot. - - “I have never seen anything of the kind, either in the first - World War, in the Russian, or in the French campaigns of the - present war. I have witnessed many disagreeable things in the - volunteer detachments in 1919, but I have never witnessed a - similar scene.” - -I omit one paragraph and continue: - - “I wish to add that according to the testimony of soldiers who - have often watched these executions, apparently several hundred - persons were shot by these methods every day. - - “Signed: Roesler.” - -Characteristic is the comment in the covering note from the deputy -commander of the IXth Army Corps and commanding officer of the 9th -Military District, who forwarded Roesler’s report to the chief of the -army armament and equipment department, Berlin. I quote this document -which the Tribunal will find on Page 318 of the document book. I quote: - - “Subject: Atrocities perpetrated on the civilian population of - the East. - - “With regard to the news of mass executions in Russia, which we - are receiving, I was at first convinced that they had been - unduly exaggerated. I am forwarding herewith a report from Major - Roesler which fully confirms these rumors.”—The last sentence - is also typical: - - “If these things are done openly, they will become known in the - fatherland and give rise to criticism. - - “Signed: Schirwindt.” - -THE PRESIDENT: Colonel Smirnov, do you know who was the deputy commander -of the IXth Army Corps and commander of the 9th Military District and do -you know who was the chief of the armament and equipment department in -Berlin? Do you know whether any reply was made to this report? - -MR. COUNSELLOR SMIRNOV: I can only give an answer on this subject at a -later date. These questions are unknown to me and must be elucidated in -a supplementary report. I shall shortly clarify them and give the -Tribunal the additional information and will submit the documents -dealing with this matter. - -I beg to be allowed, in presenting this evidence, to submit to the -Tribunal a photostatic copy of a document. I present two albums -certified by the Extraordinary State Commission; they will be submitted -to each member of the Tribunal. (Exhibits Numbers USSR-387 and 391). - -I beg the permission of the Tribunal to show certain photographs on the -screen. I must admit these documents have not been selected on the basis -of the impressiveness of the atrocities shown—the Tribunal will find -even more monstrous episodes of mass atrocities in the document -book—but rather, all these photographs have been selected because of -their typical character. - -Before presenting these documentary photographs, I ask the permission of -the Tribunal to submit another German document as Exhibit Number -USSR-297 (Document Number USSR-297). It is a certified photostatic copy -of one of the reports of the chief of the Security Police and SD, -prohibiting the photographing of mass executions. It is very typical -that in many of these cases the photographs were taken by the Germans -themselves. This attracted the attention of the chief of police and -therefore photographing was prohibited to the German fascist criminals. - -I quote only a short excerpt from this report—Page 321 of the document -book: - - “The Reichsführer SS has forbidden the photographing of - executions by an order of 12 November 1941, Journal Number 1 - 1461/41 Ads., and has ordered that insofar as such pictures are - needed for official purpose that the entire exposed material be - collected in archives.” - -I omit the following paragraph and quote the third paragraph: - - “The leader of the Einsatzkommando or Sonderkommando or the - company commander of the Waffen-SS and the section leader of the - war correspondents are charged with the responsibility that - plates, films, and prints of these photographs do not remain in - the hands of individual members of these task force units.” - -I skip the following part of the document in its entirety, as I consider -that the quotations which have been presented are sufficient proof that -the police authorities were uneasy about the fact that frequent -photographing of mass executions by the German fascists gave -confirmation of these executions. I beg the Tribunal for permission to -start the showing of several of these photo-documents. Would you permit -me to do so, Mr. President? - -THE PRESIDENT: What are you waiting for, Colonel Smirnov? - -MR. COUNSELLOR SMIRNOV: The lights should be turned off but apparently -there are some technical difficulties which are unfamiliar to me. -Therefore I cannot start with the showing of the photo-documents. - -THE PRESIDENT: Do you think you can go on with your statement and do the -photographs after the adjournment? How long do you think the photographs -will take? - -MR. COUNSELLOR SMIRNOV: I fully agree with you, Mr. President. I beg -your permission to present evidence concerning the second part of the -statement, namely, the mass annihilation by the German fascists of the -citizens of the U.S.S.R., Poland, Yugoslavia, and Czechoslovakia. - -The mass extermination of peaceful populations of the Soviet Union and -of the countries of Eastern Europe was carried out by the German fascist -criminals everywhere, as can be seen from both the official orders and -the reports about the carrying out of these executions. In this regard -they had the following objectives in mind: - -1. Physical elimination of those sections of the population which were -capable of resistance; 2. For racial reasons, that is, for the -materialization of racial theories inculcating hatred of mankind; 3. For -purposes of retaliation; 4. Supposedly “for the struggle against the -partisans” whom the German fascists could neither catch nor destroy, and -for this reason they vented the full force of their retaliatory measures -on the peaceful population. - -The execution of children was a particularly cruel method of Hitlerite -terrorism. The use especially of torture devices for killing children -was one of the prime and most despicable characteristics of the -Hitlerite terror regime in the temporarily occupied territory of the -Soviet Union. - -Immediately after the seizure of power by the fascists, Hermann Göring -began to issue laws against vivisection. He pitied dogs, guinea pigs, -and rabbits subjected to scientific experiment for the benefit of -humanity. In confirmation I refer to Göring’s book _Speeches and -Articles_ published in 1940 by Erich Gritzbach at Munich. (Document -Number USSR-377). On Page 80 of this book we find Göring’s speech, “The -Struggle Against Vivisection.” I shall not quote any lengthy extract -from this book and shall only mention one sentence which testifies that -for motives, so to speak, of love for animals, Hermann Göring widely -exercised his right to intern human beings in concentration camps. - -At a certain meeting of SS-Gruppenführer at Posen, as the Tribunal -knows, Himmler stated, Document Number 1919-PS, “We Germans are the only -people who treat animals kindly.” - -But these criminals—from Himmler to Keitel—who sentimentally discussed -the tortures of animals, persistently instructed their subordinates to -exterminate children senselessly, inhumanly, and cruelly. At the meeting -in question Himmler also stated: - - “If anyone would come to me and say, ‘You cannot build antitank - trenches with children and women, it is inhuman since they will - die,’ I should reply, ‘You are the murderers of your own - blood.’” - -Numerous investigations on the German fascist atrocities in the Soviet -Union have shown without any doubt that on occasion of mass shootings -many children have been thrown into the grave when still alive. In -confirmation of these facts I am referring to official documents, “The -German criminals threw into the grave children who were still alive.” - -I invite the attention of the Tribunal to a document which has already -been submitted by my colleague, Colonel Pokrovsky, as Exhibit Number -USSR-46. It is a report of the Extraordinary State Commission on the -crimes of the German fascist invaders in the city and region of Orel. -The Tribunal will find it on Page 334 of the document book, the last -three lines of the page, and on Page 335. I quote: - - “Those shot in the city were collected and thrown into ditches, - preferably in forest areas. In jail the executions took place as - follows: The men had to stand facing a wall while the gendarme - fired his pistol into the nape of their necks. The shot - penetrated the vital centers and death was instantaneous. In - most cases women had to lie face downward on the ground and the - gendarme shot them through the base of their neck. - - “A second method was to herd people in groups into a ditch, with - their faces turned to one side. Then they were killed likewise - by shots in the nape of the neck with machine guns. In the - trenches corpses of children were discovered who, according to - the testimony of witnesses, had been buried alive.” - -Furthermore, I refer to a document which has already been submitted to -the Tribunal as Exhibit Number USSR-1, a report of the Extraordinary -State Commission on the crimes of the German fascist occupants in the -area of Stavropol. I quote from Page 271 of the document book, Paragraph -3, beginning as follows: - - “During the inspection of a ravine in the vicinity of Koltso - Hill and a distance of 250 meters from the high road. . . .” - -I omit the next sentence. - - “. . . a washed-out grave was discovered, 10 meters in depth, - from which protruded separate parts of human bodies. As from 26 - to 29 July 1943, excavations were carried out at this spot and, - as a result, 130 corpses were exhumed. The legal-medical - examination proved that the corpse of a 4-months-old girl showed - no traces of violence. The child had been thrown alive into the - ditch where it perished from suffocation.” - -I skip the next phrase and quote from the next paragraph: - - “The autopsy performed on bodies of dead infants by the - legal-medical investigation proved that they had been thrown - into the ditch alive, together with their mothers who had been - shot. All the other corpses showed traces of torture.” - -I will now refer to the verdict of the Military Tribunal of the 4th -Ukrainian Front, which I had already submitted to the Tribunal as -Exhibit Number USSR-32. - -THE PRESIDENT: Perhaps we had better break off. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MR. COUNSELLOR SMIRNOV: Have I your permission to continue? - -THE PRESIDENT: Please do. - -MR. COUNSELLOR SMIRNOV: Continuing the presentation of evidence on -atrocities of German fascist criminals with regard to children, I refer -to the testimony of the witness, Bespalov, included in the document -previously presented to the Tribunal as Exhibit Number USSR-32 (Document -Number USSR-32). The members of the Tribunal will find the place which I -refer to on Page 33, fifth paragraph of the document, Column 1 in the -document book. Bespalov testified: - - “At the end of June last year I myself saw up to 300 girls and - women brought on 10 to 12 trucks to the forest park. The - unfortunate women were throwing themselves from side to side, - weeping, tearing their hair, and rending their clothes. Many - fainted, but the German fascists paid no attention to this. By - kicks and beatings with rifle butts and sticks they forced them - to get up; the executioners themselves stripped and threw into - the pits, those who did not rise. Several girls—among them - children—tried to run away, but were killed. - - “I saw how, after a burst of machine gun fire, some of the - women, swaying and helplessly flinging up their arms, staggered - toward the standing Germans with heart-rending cries. At this - time the Germans were shooting them with pistols. Maddened with - terror and grief, mothers clutched their children to their - breasts, running with terrible wails into the forest clearing, - seeking help. - - “The Gestapo members snatched the children from them, seized - them by the arms or legs, and threw them alive into the pit; - when the mothers ran after them to the pit, they were shot.” - -I quote one paragraph out of Exhibit Number USSR-9 (Document USSR-9), -already presented to the Tribunal. This is a report of the Extraordinary -State Commission of the Soviet Union of the crimes of the German fascist -invaders in the city of Kiev. The members of the Tribunal will find this -document on Page 238, second column of the text, sixth paragraph: - - “On 29 September 1941 Hitler’s bandits drove thousands of the - peaceful Soviet citizens to the corner of Melnik and - Doktorovskaya Streets and from there to Baybe-yar, where they - shot them, after taking all their valuables from them. - - “Citizens N. F. Petrenko and N. T. Gorbacheva, who lived near - Baybe-yar, stated that they had seen how the Germans threw - babies at the breast into graves and buried them alive with - their dead or wounded parents. One could see the surface of the - ground moving over the buried people who were still alive.” - -These were not individual occurrences, but a systematic plan. This -inhuman terror was practiced on children, since the chiefs of German -fascism understood that this form of terrorism would be particularly -frightful for the survivors. Compassion for the weak and the defenseless -is an inalienable human trait. By applying their particularly barbarous -methods to children, the German fascist criminals showed the rest of the -population that there was no crime, no cruelty at which they would stop -for the purpose of pacifying the occupied territories. Children did not -simply share the fate of their parents. The so-called “actions” were -frequently directed against the children themselves. They were taken -forcibly from their parents, concentrated in one place, then murdered. - -I refer to a very brief report of the Extraordinary State Commission, -already submitted to the Tribunal, entitled, “Concerning the Crimes of -the German Conspirators in Latvia.” The members of the Tribunal will -find the place I refer to on Page 286, on the reverse side, in the -second column of the document book, Paragraph 5. Here it states, and I -quote: - - “In the main jail in Riga they murdered over 2,000 children who - had been torn from their parents, and in the Salaspil Camp, more - than 3,000.” - -From the report of the Extraordinary State Commission on the crimes of -the Hitlerites in Lithuania, the Tribunal will learn of the brutal -methods employed by the Germans to separate children from their parents -incarcerated in prisons, concentration camps, or ghettos—these methods -usually preceded the murder of the children. This document has already -been submitted as Exhibit Number USSR-7 (Document USSR-7) to the -Tribunal. The members of the Tribunal will find the place referred to on -Page 295, first column, sixth paragraph of the document book. I omit the -first paragraph, which mentions the organization of the camp. This has -no direct relation to children, and I begin with the second paragraph, -which shows what was done with them: - - “In the beginning of 1944 the Germans in this camp forcibly took - children from 6 to 12 years old and carried them off. An - inhabitant of the city of Kovno, Vladislav Blum, testified: - - “‘Heart-rending scenes occurred under my eyes. The Germans took - the children away from their mothers and sent them, no one knows - where. Many children were shot together with their mothers.’ - - “On the walls of the camp buildings inscriptions were discovered - concerning the crimes of the Hitlerite monsters. Here are some - of them: - - “‘Avenge us! Let the whole world know and understand how - savagely our children were exterminated! Our days are counted! - Farewell! Let the whole world know and let it not forget to - avenge our innocent children! Women of all the world, remember - and understand all the atrocities which befell our innocent - children in the 20th century! My child is already dead, I am - indifferent to everything!’” - -Further, I refer to the document which has already been presented to the -Tribunal under Document Number USSR-63. This is an official report on -the torture and shooting of children in the Domachev children’s asylum -of the Brest region in the Bielorussian S.S.R. The members of the -Tribunal will find this document on the reverse side of Page 223, fifth -paragraph, first column. I shall quote three or four paragraphs out of -this document, omitting the remainder: - - “By order of the German occupational authorities of the - district, the Chief of the Prokopchuk district ordered the - principal of the children’s home, A. P. Pavliuk, to poison a - sick 12-year-old child, Lena Renklach. After Pavliuk refused to - carry out the order, the child was shot by policemen in the - vicinity of the children’s home, allegedly ‘while trying to - escape.’ - - “In order to save the children from starvation and death, 11 of - them were distributed among the local population in 1942, and 16 - children were taken by their relatives.” - -And this was the further fate of those children. I continue with my -quotation: - - “On 23 September 1942, at 7 o’clock in the evening, a 5-ton - truck appeared in the yard of the children’s home, bringing six - armed Germans in military uniform. The group leader, named Max, - explained that the children would be taken to Brest and ordered - them to be placed in the truck. Fifty-five children and their - teacher, Grocholskaya, were placed in the truck. One girl, - 9-year-old Tossia Schachmatova, succeeded in climbing out of the - truck and escaping. The remaining 54 and the teacher were driven - away in the truck in the direction of the station of Dubitz, 1½ - kilometers from the village of Leplevka. The car stopped at a - frontier gun emplacement, 800 meters from the River West Bug. - The children were undressed—which was proved by the fact that - the children’s clothes were found in the truck after its return - to Domachev—and shot.” - -I omit the remaining part of this official report. It has been proved by -documents dealing with the shootings that in mass executions of children -they were torn in half while still alive and thrown into the flames. To -confirm this, I refer to the testimony of the witness, Hamaidas, a -native of the village of Lisbenitzky, in the Lvov region, who was -confined by the Germans in Yanov Camp at Lvov. - -Hamaidas’ occupation in the camp consisted in burning the corpses of -those who had been shot. At the same time, he was a witness to the mass -shootings of the peaceful population—men, women, and children. The -testimony of Hamaidas, together with other documents concerning the Lvov -camps, has already been submitted to the Tribunal as Exhibit Number -USSR-6(c) (Document USSR-6(c)); I quote two lines from the testimony of -Hamaidas, from Page 55 of the document book, 11th line from the bottom -of the page: - - “I was a witness to such facts. The executioner would seize - children by the feet, tear them apart while they were still - alive, and throw them into the fire.” - -Having shot the parents, the German murderers considered it unnecessary -to waste ammunition on children. When they did not throw the children -into the grave pits they often murdered them simply by hitting them with -a heavy object or by pounding their heads against the ground. I refer, -in confirmation of this, to the document already presented to the -Tribunal as Exhibit Number USSR-6(c), in which are other documents on -reports of legal-medical experts employed in the exhumation of corpses -in Yanov Camp. I shall quote only two lines of the conclusion. The -members of the Tribunal will find the place where I refer to the -conclusion of the legal-medical experts on Yanov Camp on Page 330 of the -document book, second paragraph at the top of the column, reverse of -Page 330. I quote this brief excerpt: - - “The executioners did not consider it necessary to waste - ammunition on children. They simply killed them by hitting them - over the head with a blunt instrument. - - “Children were often cut in half with rusty saws and subjected - to other forms of torture.” - -I ask the permission of the Court to read into the record only one -paragraph from a note of the People’s Commissar for Foreign Affairs of -the U.S.S.R., dated 27 April 1942. The members of the Tribunal will find -the place to which I refer on Page 8, reverse side, second column, third -paragraph: - - “The invaders subjected children and adolescents to the most - brutal tortures. Among the 160 wounded and maimed children, - victims of the Hitlerite terror in the districts of the now - liberated Moscow region, undergoing treatment in the Russakov - Hospital in Moscow, there is, for instance, the case of a - 14-year-old boy, Vanya Gromov, from the village of Novinki, who - had been strapped to a table by the Hitlerites and then had had - his right arm sawed off with a rusty saw. The Germans chopped - off both hands of 12-year-old Vanya Kryukov, of the village of - Kryukovo, in the Kursk region, and drove him, bleeding - profusely, toward the Soviet troops.” - -I omit the rest of the quotation—two pages—since similar facts are -related in the document which confirm the above—mentioned episodes. - -Children were the first victims of carbon-monoxide poisoning in the -German gas vans. In confirmation I refer to the material already -submitted as Exhibit Number USSR-1 (Document USSR-1), which is the -report of the Extraordinary State Commission of the Soviet Union on the -crimes of the German fascist occupiers in the Stavropol region. The -members of the Tribunal will find that brief excerpt on Page 269 in the -document book, Paragraph 4: - - “It has been established that in December 1942, by order of the - chief of the Gestapo for the town of Mikoian-Schachar, - Oberleutnant Otto Weber, an extraordinarily cruel massacre was - carried out on Soviet children undergoing treatment for bone - tuberculosis in the sanatorium of the Teberda health resort. - Eyewitnesses to this crime, members of the sanatorium, medical - sister, S. E. Jvanova, and medical aide, Polypanova, have - testified as follows: - - “Before the entrance of the first section of the sanatorium, on - 22 December 1942, a German automobile drew up. Seven German - soldiers, who had arrived in the vehicle, dragged 54 seriously - sick children, ranging in age from 3 years upward, out of the - sanatorium (they were too ill to move and therefore were not - driven forcibly into the van) and stacked them in layers inside - the vehicle. They then closed the door, let in the - carbon-monoxide gas, and drove off from the sanatorium. An hour - later the vehicle returned to Teberda. All the children had - perished. They had been exterminated by the Germans and their - bodies thrown into the Teberda ravine near Gunachgir.” - -Children were also drowned in the open sea. In confirmation, I refer to -the document already submitted, Exhibit Number USSR-63 (Document -USSR-63), on the “Indictment of German Atrocities in Sevastopol.” The -members of the Tribunal will find the place I am referring to on the -reverse side of Page 226, Paragraph 7, second column of the text: - - “In addition to the mass shootings, the Hitlerites cruelly - drowned peaceful citizens in the open sea. - - “Prisoner Corporal Friedrich Heile, of Troop Battalion 2-19 MKA, - Naval Transport Detachment, testified as follows: - - “‘When I was in the port of Sevastopol, I saw large groups of - peaceful citizens, including women and children, brought to the - harbor by trucks. All the Russians were loaded on barges. Many - resisted. However, they were beaten and driven forcibly onto the - barges. About 3,000 people, all told, were loaded on. The barges - put out to sea. For a long time the crying was heard in the bay. - Several hours passed, and the barges slipped again into their - moorings. From the ships’ crews I found out that all the people - had been thrown overboard.’” - -Heavy artillery fire was openly directed by the German fascist criminals -against schools, children’s asylums, hospitals, and other children’s -institutions in Leningrad. I present to the Tribunal the summary report -of the Leningrad city commission for the investigation of German crimes. -This report is being submitted to the Honorable Tribunal as Exhibit -Number USSR-85 (Document Number USSR-85). I shall not quote any long -passage from this report. I shall merely draw the Tribunal’s attention -to the fact that on Page 347, Volume II, Paragraph 4, in the document -book, the Judges may see for themselves the list of targets exposed to -German artillery fire, which is testified to by the logs of the fighting -units. The following are some of those targets, “Number 736, a school in -Baburinsk Street; number 708, Institute for the Care of Mothers and -Infants; number 192, Palace of Pioneers.” - -I also shall take the liberty of quoting only a short excerpt from the -testimony of the director of School Number 218, which the members of the -Tribunal will find on Page 348, Volume II, first paragraph. The director -of School Number 218, located at 13 Rubenstein Street, writes: - - “On 18 May 1942, School Number 218 underwent artillery fire. A - 12-year-old boy, Lenja Isarow, was killed. A little girl, Dona - Binamowa, turned white and moaned with pain. ‘Mummy, how can I - get along without my leg?’ she said. Leva Gendelev was bleeding - to death. He was given aid, but it was too late. He died in the - arms of his mother, calling out, ‘Accursed Hitler!’ - - “Djenia Kutareva, though seriously wounded, begged that his - father should not be disturbed because he suffered from heart - disease. The teacher and all the pupils assisted the victims.” - -I conclude the quotation concerning Leningrad. I omit two pages of the -text and draw the Tribunal’s attention to Page 355, Volume II, second -column, Paragraph 6. Your Honors will find there a document submitted as -Exhibit Number USSR-8 (Document Number USSR-8). This is a report of the -Extraordinary State Commission on “The Infamous Crimes of the German -Government in Auschwitz.” I shall quote several short passages from the -second report entitled, “Murderers of Children.” At the same time, -however, I would ask Your Honors to pay special attention to Page 47 of -the Auschwitz album (Exhibit Number USSR-30), as well as to Pages 48 and -49. The photographs on these pages clearly show how emaciated these -children were. I omit the first paragraph, and I quote: - - “Investigations have proved that the Germans completely sapped - the strength of children between 8 and 10 years of age, by - forcing them to do the same heavy work they gave to the adults. - Toil beyond their strength, beatings, and torture soon exhausted - the children—then they were killed. - - “Ex-prisoner Jacob Gordon, a doctor from Vilna, testified: - - “‘In the beginning of 1943 at Camp Birkenau 164 boys were taken - away to the hospital, where they were killed by injections of - carbolic acid in the heart.’ - - “Ex-prisoner Bakasch Waltraut of Düsseldorf, Germany, testified: - - “‘In 1943 when we worked on the construction of a hedge - surrounding Crematorium Number 5, I myself saw SS men throw - several living children into bonfires.’” - -Here is what some of the children, who were saved by the Red Army, -themselves testify about the tortures to which they were subjected. I -omit the next paragraph and ask the Tribunal, while I read, to refer to -Page 50 of the photographic documents of Auschwitz. Here we find the -photographs of a 12-year-old boy, Zihmlich, and a boy of 13, Mandel, and -the Tribunal can see the deformation of these children from exposure to -cold. I continue: - - “A 9-year-old boy, Andrasz Lerintsiakosz, a native of the city - of Klez, Hungary, testified: - - “‘After we had been driven to Block 22 of the camp, we were - beaten, mainly by German women who were put over us as guards. - They beat us with sticks. During my stay in the camp, Dr. - Mengele bled me very frequently. In November 1944 all the - children were transferred to Camp A, known as the Gypsy Camp. - During roll call it was discovered that one child was missing. - Thereupon, the leader of the women’s camp, Brandem, and her - assistant, Mendel, drove us all into the street at 1 o’clock in - the morning and left us standing there in the cold until noon.’” - -I omit the next three paragraphs of the quotation, and I read into the -record the last paragraph of this section: - - “There were, among the 180 children liberated from Auschwitz and - examined by physicians, 52 under 8 years of age and 128 between - the ages of 8 and 15. All arrived in the camp in the second half - of 1944, that is, they spent between 3 to 6 months in the camp. - All 180 children underwent a medical examination, which - established that 72 suffered from tuberculosis of the lungs and - glands, 49 suffered from the consequences of malnutrition and - elementary dystrophy (complete exhaustion), and 31 from - frostbite.” - -I submit to the Tribunal and request Your Honors to accept as evidence -Exhibit Number USSR-92 (Document Number USSR-92). It is a directive from -the Administration of Food and Agriculture, entitled, “Treatment of -Pregnant Women of Non-Germanic Origin.” I refer this document to the -Tribunal because, in their hatred of the Slav race, the German fascist -criminals even attempted to murder babes in the womb. The members of the -Tribunal will find the document on Page 362, in Volume II of the -document book. I shall read two short paragraphs into the record. I -quote: - - “There has recently been a considerable increase in the birth - rate among women of non-Germanic origin. Difficulties have - arisen in consequence, not only in connection with the use of - these people for labor but, to a greater extent, with a danger - of a social-political nature, which should not be - underestimated.” - -I omit one paragraph and quote further: - - “The simplest method for overcoming these difficulties would be - to inform, as soon as possible, the institutions which employ - them for labor, of the pregnancy of the non-Germanic women.” - -I draw your special attention to the last sentence, “These institutions -must attempt to compel the women to get rid of their children by -resorting to abortion.” - -I conclude my quotation. - -The analysis of the material connected with the Hitlerite terror in the -countries of Eastern Europe is positive proof that the atrocities -perpetrated on children will remain forever the most disgraceful page in -the history of German fascism. - -I request permission, Your Honor, to present now the photographic -documentation which, owing to a technical difficulty, I was unable to -show before the luncheon recess. With your consent I shall show it at -once. Apparently the presentation will now be more successful than -earlier in the day. I should emphasize that in selecting the photographs -I was not guided, so to speak, by the horror of their contents, but -simply by the fact that they demonstrate typical procedures of the -German fascist crimes. - - [_Pictures were then projected on the screen._]* - -(1) Here we see one person being shot. This snapshot was taken in the -Moscow region during the German advance on Moscow. The man was executed -in reprisal for the death of a German. - -(2) Here we see four persons being shot. The four youths condemned to -death are standing on the edge of a pit which they dug. The members of -the Tribunal can see for themselves that the German criminals standing -on the outskirts of the wood are laughing at the victims. - -(3) This snapshot was taken at the time of the execution. The killing is -carried out in the typical German style, that is, by a shot in the back -of the neck. You will observe that the victims are crying out at the -moment of death. - -(4) The snapshots, Your Honors, which I am now showing were taken by the -German Obergruppenführer Karl Strock, chief of the Nipal Gestapo. It -represents a German mass execution. The victims have been ordered to -strip on the execution ground. Here you see a young girl seated, already -undressed, and next to her her brother Jacob, who has also been ordered -to strip. I wish to emphasize the fact that the snapshots were taken in -December, when the cold is intense. - -(5) In addition to some native women condemned to be shot, this snapshot -also shows a very young girl endeavoring to hide behind her mother on -the left. - -(6) In December naked women in this snapshot have also been taken to the -execution ground. Condemned to death, these women were forced by the -same Obergruppenführer Strock to pose before the camera. - -(7) Here we have a group of men and with them a small child accompanied -by his mother. They are going to the execution ground. The child -clutches his mother closely. - -(8) This is an amateur photograph, albeit a very clear one. Here, Your -Honors, you see a group of people and some dead bodies, with machine -guns to the right of them. I would ask the Tribunal to observe the -disposal of the dead bodies. The photograph is probably taken during the -first months of the German occupation because the bodies have been -thrown into the pit carelessly; in the latter months orders were given -to lay out the bodies tidily in rows. - -(9) This is a snapshot of the same group. Here you see both women and -young girls condemned to death. - -(10) In Yanov Camp the executions are carried out to the strains of the -“Death Tango” played by an orchestra conducted by Professor Striks, an -internee in the camp, together with his bandmaster, Mundt. I request -Your Honors to observe two points of interest in this snapshot. To the -right we see the camp commander, Obergruppenführer Gebauer, in white -uniform, and behind him his dog, Rex, known to us through many -interrogations as having been trained to harass living persons and to -tear them to pieces. It is evident that Gebauer is leading the orchestra -to the execution ground. - -(11) One of the gallows used by the German fascists in their endeavor to -establish a regime of terror in the temporarily occupied territories of -the Soviet Union. The snapshot was found in the files of the Yanov -Gestapo. A woman of sorts is seen laughing at the foot of the gallows. - -(12) A second gallows erected in the same market place, at Lvov, also -taken from the archives of the Gestapo. - -(13) I am showing Your Honors the snapshot of an entire street festooned -with bodies of Soviet citizens. This is a street in the city of Lvov, -and I beg to remind the Tribunal that according to the records of the -Ministry for Foreign Affairs the same hangings also occurred in Kharkov. - -(14) The same street in Lvov. The snapshot was taken from the archives -of the Lvov Gestapo. - -(15) The gallows were not the only means of execution. The guillotine, -too, was used on a vast scale. In this snapshot you see the heads of -victims guillotined in the prison of Danzig. The snapshot was taken in -the Anatomic Institute in Danzig, where the bodies of the victims were -brought after execution. - -(16) I shall not show you too many snapshots of tortures inflicted. I -only wish to show a few typical examples. This snapshot was taken from a -dead Gestapo soldier. It shows a young girl being flogged. Later you -will see what next they did to her. - -(17) It is not quite clear whether the girl is being strung up by the -hair or hanged by the neck. Judging by the convulsive movement of her -hands, I think that a noose has just been placed round her neck. Observe -the bestial face of the scoundrel who is hanging her. - -(18) Here is a snapshot taken from a dead Gestapo soldier. I wish to -emphasize the manner in which the German fascists mocked the chastity of -the Russian women. They had just forced these Ukrainian women to run -naked before the German brutes. - -(19) This snapshot will help you to understand subsequent events. It -represents a machine for grinding human bones. Next to the machine -stands the prisoner of war who feeds the machine. It can grind the bones -of 200 persons at a time. As has been proved to the commission, it has a -constant yield of 200 cubic meters of bone flour. - -That is all. Photographs are identified as Exhibits USSR-100, 101, 102, -212, 385, 388, 389, 390, 391. - ------ - -* Mr. Counsellor Smirnov’s explanations of the pictures were not -recorded by the Russian stenographers. They were recorded, however, in -English and German, and these notes are used in the English and German -editions respectively, even though the two texts differ in some -respects. - -Will you now permit me to submit further documentary evidence? - -In the first part of my presentation I dealt with German mass terrorism -and spoke specifically about the extermination of children and the -infamous methods used by the Germans with regard to them, since terror -applied to children—terror most savage, most brutal—is one of the -characteristic features of fascist bestiality. - -I now present to the Tribunal evidence of mass extermination of the -population in various parts of Eastern Europe. I submit to the Tribunal -brief excerpts from the report of the Polish Government, which Your -Honors will find on Page 127 of the document book, in the second -paragraph of the text. It describes the so-called Anin massacre. I -quote: - - “At the end of December 1939 a Polish policeman was shot in the - vicinity of Warsaw by a bandit. Subsequent investigations showed - that the murderer was in a restaurant in Vaver, near Warsaw. Two - German policemen tried to arrest him. When the police entered - the restaurant, the bandit opened fire, killing one policeman - and wounding another, that is, he apparently killed one and - wounded another. - - “In reply the German authorities, on 26 December 1939, ordered - mass reprisals, and a punitive expedition made its appearance in - the village. - - “A detachment of ‘Landesschützen,’ under the command of an - officer, was dispatched to Vaver and to the summer resort of - Anin. Both of these localities were surrounded by a cordon of - soldiers. The proprietor of the restaurant where the event - occurred was immediately hanged, and his body suspended in front - of his house for 3 days. At the same time the men were dragged - out from every house. Having thus rounded up about 170 persons, - the Germans made them stand in the railway station, facing the - wall and with their hands held above their heads, for several - hours. Afterwards their documents were checked and a few were - dismissed, but the vast majority were informed that they would - be executed. They were then taken to a field, split up into - groups of 10 to 14, and executed by volleys from machine guns. - - “The number of individual graves discovered on the execution - ground amounted to 107. Among those executed were two doctors, - 30 youths under 16 years of age, and 12 old men over 60. One was - an American citizen of Polish origin. He was shot together with - his son.” - -I shall omit the next paragraph of the report of the Polish Government -dealing with the massacre in Piastoshyn, and I quote only an -announcement from a German paper, the _Weichsel Zeitung_, of 23 October -1939. This announcement was quoted in the Polish report. I read: - - “In the Tuchel district, the farm of a Reich citizen, Fritz, in - the vicinity of Pretzin, was burned by Polish bandits in the - night of 21-22 October. The citizen Fritz had a heart attack in - consequence. By order of the chief of the Civil Administration a - punitive expedition was dispatched to this locality, in order to - teach the guilty bandits a lesson which would show them that - acts of this kind would be severely punished. In reprisal 10 - Poles, known for their hostile attitude towards Germany, were - shot. In addition an order was given to the Polish inhabitants - of this locality to rebuild the burned buildings and to pay for - the damage done.” - -I shall omit half of the following page, and I quote briefly the -circumstances of the Yousefouv massacre in Poland. Your Honors will find -this quotation on Page 128, Paragraph 2 of the document book: - - “In the middle of January 1940 a family of German colonists in - the village of Yousefouv was robbed and murdered by bandits, as - the Germans themselves stated in the newspapers at a later date. - A punitive expedition set out for Yousefouv.” - -I omit the next paragraph, and then I continue: - - “The expedition started a large-scale massacre. All the males - who were caught in Yousefouv and the vicinity, even 11-year-old - boys, were arrested and shot on the spot. Altogether 300 people - were murdered.” - -Mass extermination of the peaceful population in Yugoslavia was of an -exceptionally cruel nature. I quote that part of the report of the -Yugoslav Government entitled, “Mass Murder of the Civilian Population -and the Destruction of Villages.” I beg the Tribunal to accept as -evidence a photostat of the order of Lieutenant General Neidtholt, which -is presented as Exhibit Number USSR-188 (Document Number USSR-188). I -cite this order, which was quoted in the report of the Yugoslav -Government: - - “The settlements of Zagniezde and Udora must be destroyed, the - male population of these settlements hanged, and the women and - children taken to Stoliac.” - -I omit the next page of the text and begin the quotation regarding the -atrocities of the German fascist criminals in Kragujevac. In -confirmation of this report of the Yugoslav Government, we submit to the -Tribunal a certified photostat copy of a communication from the -commander of the garrison at Kragujevac, in which he admitted the -shooting of 2,300 people. This document is being submitted to the -Tribunal, and I ask the Court to accept this as evidence under Exhibit -Number USSR-74 (Document Number USSR-74). I quote from the report of the -Yugoslav Government on the mass murder in Kragujevac: - - “This was a mass murder committed on 21 October 1941, in - Kragujevac, by a German punitive expedition under the command of - Major König. Besides König, the regional commander, - Bischofshausen, and the commandant of the settlement, Dr. - Zimmermann, participated in the organization and realization of - this crime. - - “Already 10 to 15 days before the crime in Kragujevac was - committed, one battalion arrived to reinforce the German - garrison. First of all, the following villages were destroyed in - the vicinity of Kragujevac: Mechkovac, Marsic, and Groshnic. In - Mechkovac the punitive expedition murdered 66 people, in Marsic, - 101, and in Groshnic, 100. All the victims were peaceful - citizens of the villages in question. - - “When, after the perpetration of these crimes, the punitive - expedition arrived in Kragujevac, they began by carrying out - their plan to exterminate the citizens of Kragujevac, especially - the Serbian intelligentsia. As early as the beginning of October - the district commandant, Dr. Zimmermann, demanded of the - director of schools in Kragujevac the regular attendance of the - school children; otherwise they would be considered saboteurs - and shot. After such a threat, all the pupils attended school - regularly. On 18 October 1941, in conformity with a previously - prepared list, all male Jews were arrested, as well as all - persons who were considered Communists. They were imprisoned in - the barracks of the former Yugoslav auto-transport headquarters - in Stanovlensko Polje. They were kept without any food until 20 - October, and all were shot at about 6 o’clock in the evening; - approximately 60 persons were killed. - - “The same day, that is, 20 October, they began to round up the - entire male population of Kragujevac. After every exit from the - city had been blocked, the Germans went into every public - building and drove out all the employees. After that, all the - professors and pupils from the fifth grade upward, together with - the school masters, were taken from the high schools and - seminaries.” - -I omit the next two sentences and quote further: - - “Together with the others, all the prisoners from the Kragujevac - prison were taken off to the barracks. Then the order was given - to them to go into the courtyard of the barracks. Here all their - personal belongings were taken from them. The first to be shot - were those who were originally incarcerated in the - prison—approximately 50 persons. The rest were locked up in - barracks. The next day, 21 October, as from 7 o’clock in the - morning, they were taken off in batches to Stanovlensko Polje, - and there shot down by machine gun fire. Those who did not die - at once were finished off by the Germans with automatic guns and - rifles.” - -I conclude this quotation and continue after the next three paragraphs. - - “The relatives of the victims of this mass slaughter were - forbidden to visit the place of execution until the burial of - the victims had been completed and all traces of the crime - eliminated. They were also forbidden to hold any requiem masses - or religious services for the victims. In the obituary notices - in the papers it was forbidden to mention that the victims had - met their death in the mass execution.” - -I omit the next five paragraphs and invite the attention of the Tribunal -to a short part of the report of the Yugoslav Government dealing with -the so-called “death march” or “march of blood,” that march of dire fame -which took place in the camp of Yarak. I quote that particular part -which deals with this atrocious crime of the Hitlerites: - - “In the beginning of September 1941 a large German punitive - expedition rounded up all the male population between the ages - of 14 and 70 years and drove them from Shabatka across the Sava - River into the settlement of Yarak in Sirinya. That was the - so-called death march. About 5,000 men had to run a distance of - 23 kilometers and back again. Those who could not stand the pace - and fell by the way were ruthlessly shot on the spot. Because - many were old and weak, the number of victims was great, - especially while crossing the bridge over the Sava.” - -I conclude this, and I continue the next paragraph: - - “On the way back they met another group of 800 peasants who had - to cover the same distance, but the treatment of this group was - still more brutal. They had to run with their arms raised over - their heads. They were systematically murdered on the way. Only - 300 men of the group reached Yarak alive.” - -I interrupt the quotation here. I omit this page and the next, and, -concluding my presentation of the mass murders of the civilian -population in Yugoslavia, I would ask the Tribunal to accept in evidence -the public announcement of the Chief of the German Armed Forces in -Serbia. This document is presented to the Tribunal as Exhibit Number -USSR-200 (Document Number USSR-200). Without making any comment at all, -I simply quote this document, using the original text incorporated in -the report of the Yugoslav Government. In the report the -Commander-in-Chief in Serbia quotes the following facts: - - “In the village of Skela, a Communist detachment opened fire at - a German military truck. It was established that several of the - inhabitants had been watching and had seen the preparations for - this attack. It was further established that these inhabitants - could have warned the nearest station of the Serbian - gendarmerie. It was also established that they could have - secretly warned the German military trucks against the pending - attempt. The inhabitants did not profit by the opportunity and - had thus placed themselves on the side of the criminals. The - village of Skela was burned to the ground. Supplies of - ammunition exploded in several houses during the fire, and this - was accepted as a proof of complicity on the part of the - inhabitants. All the male inhabitants of the village whose - participation in the attack had been proved were shot, and 50 - Communists were hanged on the spot.” - -I now omit five pages of my presentation, and I invite the attention of -the Tribunal to the brief excerpts from the report of the Greek -Government, on Pages 39 and 40 of the Russian text of this report, from -which we can see that the same inhuman and criminal methods of mass -shootings were used by the Hitler criminals in the temporarily occupied -territory of Greece. I begin my quotation: - - “As soon as the island of Crete was occupied by the - Germans. . . . In compliance with this announcement, the first - reprisals were made, and several people, most of them absolutely - innocent, were shot, and the villages of Skiki, Brassi, and - Kanades”—perhaps I am stressing the wrong syllables, since I do - not know how these words should be pronounced in Greek—“all - these villages were burned down as a reprisal for an attack by - collaborators of the Greek police during the invasion of Crete. - On the sites where these villages formerly existed, posts were - erected with inscriptions in Greek and in German: ‘Destroyed as - a reprisal for the brutal murder of a detachment of paratroopers - and half a platoon of sappers by armed men and women in the - rear.’ - - “Measures of reprisal, which at first were of a temporary - nature, later grew in intensity, especially after the resistance - made by organized partisan detachments throughout the country in - the beginning of 1943. The technique was always the same. The - day after some act of sabotage or any other action committed by - the partisans near a village, the German troops would appear in - this village. The inhabitants would be rounded up in the central - square or some other place suitable for the occasion, to listen - to a public announcement, but in reality to be killed on the - spot by machine gun fire. After this the Germans either burned - the villages or else, in some cases, they would first plunder a - village and then open fire on it. The inhabitants were killed - openly in the streets, houses, and fields, regardless of age and - sex. There were few cases when only the male population from the - age of 16 years and over were executed. In other cases, when the - men succeeded in hiding in the mountains, the Germans would - execute the old men, women, and children who had remained in the - villages, hoping that their age and their sex would protect - them. The villages of Arachovo, Kalovryta, Gestamon, Klessoura, - Kommeno, and Lissovouni may be considered as typical examples. - Some villages were destroyed for the sole reason that they were - located in some region where partisans had been active.” - -I omit the next sentence since it has a direct bearing on another text -of the report. I continue my quotation: - - “The number of people murdered amounts to nearly 30,000.” - -I am now going over to the presentation of evidence of mass -exterminations of the peaceful population in the territory of the -U.S.S.R. by the Germans. - -As to the circumstances of the mass executions, we may now judge them -not only by the testimony of eyewitnesses or of the perpetrators of the -atrocities; we may, in part, judge them on the basis of the material -collected by the legal and medical commission. I say “in part” because, -as from 1943, fearing retribution for the crimes committed, the -Hitlerites began to destroy the traces of their crimes. They exhumed and -burned corpses, ground bones, and strewed the ashes on the fields; they -also used the slag formed by the corpses cremated, as well as the bone -flour, for repairing the roads and fertilizing the fields. But -notwithstanding the efforts of the criminals to conceal the traces of -their crimes, it was impossible to destroy all the corpses of the people -murdered. - -The first mass “action” of the Germans, when tens of thousands of -innocent and peaceful people were murdered at a time, was the “Kiev -action.” In order to realize the extent of these atrocities I refer Your -Honors to a communication of the Extraordinary State Commission already -submitted to the Tribunal as Document Number USSR-9. I quote from Page -238, on the reverse side of the document book, at the end of the third -paragraph from the top. I quote: - - “In Kiev, over 195,000 Soviet citizens were tortured to death, - shot, and poisoned in the gas vans, as follows: - - “(1) In Baybe-yar, over 100,000 men, women, children, and old - people. - - “(2) In Darnitza, over 68,000 Soviet prisoners of war and - peaceful citizens. - - “(3) In the antitank trench in the vicinity of Syretzk Camp and - in the camp proper, over 25,000 peaceful Soviet citizens and - prisoners of war. - - “(4) In the grounds of the Hospital of St. Cyril, 800 insane - patients. - - “(5) In the grounds of the Kiev-Pechersk Abbey, about 500 - peaceful citizens. - - “(6) In the cemetery of Ljukjanousk, about 400 peaceful - citizens.” - -I continue to quote from this document, Page 238, second column of the -text, Paragraph 6, and I give two short excerpts from this page. I -begin: - - “In 1943, sensing the uncertainty of their position in Kiev, the - occupying forces, in an attempt to conceal the traces of their - crimes, opened up the tombs of their victims and began to burn - the corpses. The Germans relegated the burning of the corpses in - Baybe-yar to the internees of Syretzk Camp. SS officer Topheide - was placed in charge of this work, together with members of the - gendarmerie, Johann Merkel and Vogt, and the commander of the SS - platoon, Rever. - - “The witnesses, L. K. Ostrovski, C. B. Berlandt, W. Y. Davydov, - Y. A. Steyuk, and J. M. Brodski, who had escaped the shootings - at Baybe-yar on 29 September 1943, testified: - - “‘As prisoners of war we were interned in the Syretzk - Concentration Camp in the outskirts of Kiev. On 18 August 100 of - us were sent to Baybe-yar. There we were shackled in chains and - ordered to exhume and burn the corpses of Soviet citizens who - had been murdered by the Germans. Here the Germans brought - granite monuments and iron railings from the cemetery. From - these monuments we made platforms on which we placed rails, and - on top of these rails we laid the iron grills to act as fire - bars. On the iron grills a layer of firewood was placed, and on - top of the firewood we placed a layer of corpses. On the corpses - we placed a further layer of firewood and poured petroleum over - the whole. Following this order the corpses were piled up in - several layers and then ignited. About 2,500 to 3,000 corpses - were placed in each of these “ovens.” The Germans detailed - special crews for the removal of earrings, rings, and also gold - teeth from the jaws of the dead. - - “‘When all the corpses were burned, new “ovens” were stacked, - and so on. The bones were smashed into small particles by - bulldozers and the ashes strewn over the Yar, so that no traces - should be left. The men worked from 12 to 15 hours a day. - - “‘The Germans used excavators in order to expedite the work. - From 18 August until the day of our escape—29 - September—approximately 70,000 corpses were burned.’” - -I interrupt this quotation and invite the attention of the Tribunal to a -document on Page 287, Volume II, Paragraph 5 of the document book, -second column. This is a report of the Extraordinary State Commission on -crimes of the German fascist invaders in the territory of the Latvian -S.S.R. In the place to which I will draw the attention of the Tribunal -it is shown that the Hitlerites systematically carried out executions in -the forest of Birkeneck. I make a special point of quoting this because -further on we shall present documentary films showing full details of -these mass shootings. I begin the quotation: - - “In the forest of Birkeneck, on the outskirts of the city of - Riga, the Hitlerites shot 46,500 peaceful citizens. The witness, - M. Stabulnek, a woman who lived in the vicinity of the forest, - stated that: - - “‘On Friday and Saturday before Easter, 1942, packed busses went - from the city to the forest. I saw 41 busses passing my house - from the beginning of Friday morning to noon. On Easter Sunday, - many inhabitants—I among them—went into the forest to the site - of the executions. There we saw one large open pit containing - the bodies of women and children who had been shot; they were - either naked or in their underwear. There were traces of torture - and ill-treatment on the corpses of the women and children, many - of whom had black and blue bruises on their faces and cuts on - their heads. Some had had their hands and fingers cut off, their - eyes gouged out, and their stomachs ripped open.’” - -I now omit one paragraph and continue: - - “The commission discovered, on the execution ground, 55 graves - covering a total area of 2,885 square meters.” - -I quote one more paragraph from this communication: - - “In the forest of Dreilin, 5 to 7 kilometers east of Riga, along - the highway to Luban, the Germans shot over 13,000 peaceful - citizens and prisoners of war. The witness, W. S. Ganus, - testified: - - “‘As from August 1944 the Germans organized excavation crews to - open up the graves, and all through the week bodies were burned. - The forest was surrounded by German guards armed with machine - guns. On and after 20 August black, closed cars filled with - citizens, among whom were women and children—so-called - “refugees”—began to arrive; they were shot and their bodies - burned immediately. I had hidden in the bushes and watched this - fearful scene. The screams of the victims were terrible. I heard - shouts of “Murderers,” “Hangmen” and the children crying, “Mama, - don’t leave me.” The bullets of the murderers stopped the - screams.’” - -I conclude this document because it now contains only analogous facts. I -wish to invite the Tribunal’s attention to the fact that 38,000 people -were shot in this forest. - -I further request the Tribunal to refer to a document already presented -to the Tribunal as Document Number USSR-47, which is the report of the -Extraordinary State Commission of the Soviet Union on crimes committed -by the German and Romanian invaders in Odessa and the region of Odessa. -I shall refer to two very brief excerpts of this report. Your Honors -will find one of the excerpts I wish to quote on Page 283, Volume II of -the document book, first column of the text, Paragraph 5. I begin: - - “On 21 December 1941 the Romanian gendarmes proceeded to execute - the internees in the camp. The internees were brought, under - guard, to a half-ruined building on the outskirts of the forest. - There they were forced to kneel by the ravine; then they were - shot. From the edge of the ravine those who were killed—and - often those who were only wounded—fell to the foot of the - ravine, where a gigantic fire of straw, reeds, and wood had been - built. The smaller children were thrown alive into this fire by - the executioners. The burning of the corpses went on for 24 - hours on end.” - -Here I interrupt my quotation, since details of these crimes will follow -later, and I refer the members of the Tribunal to Page 283 of the -document book, Paragraph 3, Column 2, containing a complete summary of -the data available: - - “According to the preliminary figures, as established by the - commission, the Germano-Romanian occupiers shot, tortured to - death, and burned, in Odessa and the region of Odessa, up to - 200,000 people.” - -In confirmation of the fact that during the mass executions, the -so-called “actions,” the German criminals buried people who were still -alive, I submit to the Tribunal, under Exhibit Number USSR-37 (Document -Number USSR-37), a report of the Extraordinary State Commission, dated -24 June 1943. I quote the act, which the members of the Tribunal will -find on Page 359, in Volume II of the document book. The place that I -refer to will be found on Page 362 of the document book: - - “While excavating the pit at the foot of Chalk Hill (Mielovaya - Gora) in the town of Kupiansk, 71 bodies were discovered, - including the bodies of 62 men, eight women, and one infant. All - the victims were unshod and some of them were quite naked.” - -I pass to the quotation of Paragraph 4, Page 362: - - “The Commission notes that there were many whose wounds were not - fatal; they had evidently been thrown into the pit and buried - alive. This has also been confirmed by citizens who passed near - the pit soon after the shooting; they saw the ground stirring - and heard dull groans emanating from the grave.” - -In confirmation of this fact, I would request the Tribunal to read into -the record the original minutes, taken from the report of the -Extraordinary State Commission, on the interrogation of the witness, -Vassilievitch Joseph Ivanovitch, examined by the public prosecutor of -the city of Stanislav at the request of the Extraordinary State -Commission. We submit this document as Exhibit USSR-346 (Document Number -USSR-346). I shall quote only two paragraphs from the minutes of this -interrogation: - - “In the beginning of 1943 we burned people there in the - cemetery, to which firewood was brought for this purpose. There - were cases where women and children were thrown alive into the - pits and there buried. - - “One woman—I do not know her name—begged an officer not to - shoot her, and he gave her his word that she would not be shot. - He even said, ‘I give you my word as an officer that you will - not be shot.’ After the shooting of the group to which this - woman belonged, this officer himself took her by the hand, threw - her alive into the pit, and she was buried alive.” - -Thus, in one whole series of cases, the victims were purposely buried -alive in order to add extra cruelty to the misdeeds of the criminals. In -other cases this was due to the fact that the Germans did not even -consider it necessary to verify whether the people to be liquidated were -dead or not. - -An investigation of the data on the exhumation of these bodies, when the -German fascists no longer had the time to destroy the traces of their -crime by burning them, shows that towards the end of 1941 and in 1942 -the criminals did not particularly attempt to camouflage the execution -grounds—and this despite the instructions, already known to the -Tribunal, issued by fascist headquarters on the camouflaging of -execution grounds and keeping secret the so-called executions. I am of -the opinion that this can be explained only by the fact that the -Germans, in spite of some set-backs, were convinced of their final -victory, and that, therefore, they hoped that their deeds would not be -punished. - -I refer to the document already presented with other documents to the -Tribunal as Document Number USSR-2(a), a report of the Extraordinary -Commission of the Soviet Union on atrocities committed by the German -fascist invaders in the region of Stalinsk. There we find a report of -the medical-legal expert commission on the atrocities committed by the -German fascist invaders in the alabaster quarries near the city of -Artemovsk, in the Stalinsk district. I shall quote only a brief excerpt -from this document. I shall omit the greater part of the indictments. - -In the document book, Page 366, fifth paragraph, of the first column of -the text, Your Honors will find the following: - - “Two kilometers to the east of the city of Artemovsk, in the - tunnel of the quarry of the alabaster works, 400 meters from the - entrance, there is a small opening walled up with bricks. When - the bricks were removed a continuation of the tunnel was - discovered. This was a narrow passage rising steeply, having at - the end a broad, oval cavern, 20 meters in length, 30 meters in - width, and 3 to 4 meters in height. - - “The entire cavern was filled with dead bodies and only a small - area at the entrance and a narrow strip in the center were free - of corpses. The bodies were closely pressed one against the - other, with their backs turned to the entrance to the cavern. - - “This is typical because it shows the customary German routine - of shooting in the nape of the neck. - - “The corpses were wedged so tightly that, at first glance, it - appeared as though there was just one solid mass of intertwined - bodies. The last layers had been heaped on the first, which were - then closely pressed to the walls of the cavern.” - -I omit the two following pages of the report, and I merely quote the -conclusion of the legal-medical expert commission. You will find this on -Page 366, Volume II, second column of the text, Paragraph 15: - - “According to the testimony of the inhabitants of Artemovsk, on - 9 February 1942 several thousand people were driven into the - abandoned alabaster quarries, carrying their small household - possessions and food. - - “As and when the cavern filled up, the people were shot either - when standing or kneeling down; then another batch would be - driven in and shot down on the corpses of the first batch; the - corpses of the victims were piled one on top of another. Some - people tried to flee from the impending murder, trampled one - another down, and died in agony.” - -I further omit three pages of my presentation and continue on Page 209. -During the period of the mass executions the German fascist criminals -elaborated a definite technique for the execution of their crimes. I -would like to mention some of the most typical methods employed, because -the Tribunal will realize, on hearing individual instances, how -criminally this technique of atrocities was perfected by the Germans and -how increasingly cynical was the premeditation of these monstrous -crimes. In confirmation of my statement, I should like to present some -documents to the Tribunal. - -THE PRESIDENT: We shall have to break off now. It is 4 o’clock. - -The Tribunal would be glad to know how much longer your presentation -will be. - -MR. COUNSELLOR SMIRNOV: I shall finish my presentation of evidence -tomorrow. - - [_The Tribunal adjourned until 19 February 1946 at 1000 hours._] - - - - - SIXTY-SECOND DAY - Tuesday, 19 February 1946 - - - _Morning Session_ - -THE PRESIDENT: I have an announcement to make. - -The Defense motion for a recess cannot be granted. When a recess at -Christmas was decided upon, the Tribunal informed the Defense Counsel -that no further recess would be granted. - -As Counsel for the Prosecution has pointed out, Defense Counsel have -already had several months in which to prepare their defenses to a case -which depends principally upon documents in the German language, written -by the defendants themselves or their associates. They have also had -constant assistance from the Tribunal and the Prosecution in connection -with documentary evidence and witnesses. - -The Tribunal has observed that many of the Defense Counsel have already -found it possible, quite properly, to absent themselves from court, and -the Tribunal sees no reason why some of the time which must elapse for -the conclusion of the case for the Prosecution should not be utilized in -preparation of their defenses out of court. - -The Tribunal therefore decides that, at the conclusion of the -Prosecution’s case against the individual defendants, the argument on -the groups or organizations alleged to be criminal shall take place and -that thereafter applications for documents and witnesses by those -defendants whose witnesses and documents have not already been decided -upon shall be heard in open session. In this way several days will be -occupied in which many of the Defense Counsel can be absent from court -and they can prepare their defenses out of court. - -That is all. You may continue, Colonel. - -MR. COUNSELLOR SMIRNOV: Your Honor, you asked me yesterday who, in -January 1942, was the chief of the military economy and armament -department of the German Army. I could not answer yesterday but today I -can report to you that General of the Infantry Thomas held this -position. - -As to the second question which you put to me, that is, what measures -were taken in regard to the correspondence connected with the report of -Major Roesler, I requested information from Moscow, where this -correspondence is kept. There are only excerpts from this correspondence -in the archives, the rest of the correspondence is in another archive. -We requested information from this archive and as soon as the latest -disposition of this correspondence is ascertained, I will immediately -report to the Tribunal. This will take about a day or two. - -Before continuing my statement, I wish to remark that today I should -conclude the presentation of all the evidence concerned with my -statement. I have to submit a considerable number of documents, and -therefore my statement will be rather fragmentary. I will not dwell on -particulars and will endeavor not to repeat what has already been said -by the prosecutors of other countries. This will render my statement -somewhat piecemeal, for which I must beg your indulgence. - -I will now proceed with my statement. - -The legal-medical expert’s report, drawn up in the city of Smolensk, has -already been submitted to the Tribunal as Exhibit Number USSR-48 -(Document Number USSR-48). It was signed by a member of the -Extraordinary State Commission for the Soviet Union, President of the -Medical Academy and eminent Soviet physician, Academician Burdenko, by -the principal legal-medical expert of the Ministry for Health, Dr. -Prozorovsky, and other experts. In addition to the final conclusions -which have already been presented by my colleague, Colonel Pokrovsky, I -now submit to the Tribunal the actual record of these experts’ -investigation. From this the Tribunal will be able to judge, not only -the final conclusion but also the methods used for this investigation. -The Tribunal can see for themselves the detailed description of each -burial ground investigated by experts, as well as the detailed -examination of the corpses exhumed from the ditches. I will not repeat -those parts of the account which have already been partially quoted by -Colonel Pokrovsky. Therefore I omit four pages of my statement and pass -on to Page 213. The part which I wish to quote now Your Honors will find -on Page 377 of the document book, Volume II, Paragraph 2 of the page. -The experts describe a typical scene of a burial site of the German -victims in 1941 and the beginning of 1942. I quote: - - “The ditches from which the corpses were exhumed were not common - burial grounds. The corpses were not laid out in a row, one next - to the other, but layer upon layer, a solid mass of women’s and - men’s bodies heaped together in confusion. In this mass of - corpses some were bent or half bent, some were lying on their - faces, on their sides, or on their backs, some were on their - knees, with faces down or up, with legs and arms interlinked. It - was impossible to separate the corpses before they were exhumed - from the ditch.” - -However, this chaotic manner of burial of the corpses appears to -characterize only the mass burials of victims of the first mass -shootings which were carried out toward the end of 1941 and the -beginning of 1942. During subsequent exhumations the legal-medical -experts discovered very many burial grounds where the corpses were laid -down in orderly fashion, layer on layer. - -A typical scene of such a burial ground the Tribunal can find in the -album regarding the Lvov Camp. On Page 15 of this album there is a -picture of a burial ground of the later period. The bodies are lying in -regular layers, and this can be explained by. . . . - -THE PRESIDENT: Which album is this? - -MR. COUNSELLOR SMIRNOV: It is the album which concerns the Lvov Camp, -Your Honor. It was submitted to the Tribunal yesterday. The picture I am -talking about is on Page 15 of the album. It is a photograph which was -discovered in the Gestapo headquarters at Lvov. - -The reason that impelled this regular disposition of bodies will become -clear to the Tribunal from an excerpt of the Extraordinary State -Commission’s report on atrocities. - -THE PRESIDENT: Is this a photograph of the bodies as they lay in the -trench or after they had been moved? - -MR. COUNSELLOR SMIRNOV: No, it is a photograph taken by some Gestapo -official, Your Honor, and was discovered in the archives of the Lvov -Gestapo. If you will look at this picture, you will see that the corpses -are lying almost in regular rows on the spot of this mass shooting. - -What was the reason for this regular laying out of the corpses? The -Tribunal will find the answer to this on Page 290 of the document book, -second column of the text, Paragraph 8. This is a report of the -Extraordinary State Commission on atrocities committed by the German -fascist invaders in the city and region of Rovno. I quote: - - “The witness Karpuk, a worker on a German farm near Belaya - Street, testified: - - “‘Several times I saw how the Hitlerites exterminated Soviet - citizens, Ukrainians, Russians, Poles, and Jews. This took place - usually in the following manner: The German butchers brought the - doomed people to the place of execution, forced them to dig a - ditch, ordered them to undress, and to lie down in the ditch, - face downward. The Hitlerites fired at the back of the necks of - the victims with automatic pistols. Then another group of people - lay down on top of the bodies of those shot and were finished - off in the same manner, and then a third row, and so on, until - the ditch was filled. Then they poured quicklime over the - corpses and covered them with earth.’” - -One can judge how widespread was this infamous and cruel method of mass -execution from an excerpt concerning the executions in Maidanek. I quote -from a Soviet-Polish communiqué already presented to the Tribunal as -Exhibit Number USSR-29 (Document Number USSR-29). The Tribunal will find -this on Page 65 of the document book, first column of the text, -Paragraph 14. I begin the quotation: - - “On 3 November 1943, 18,400 people were shot in the camp; 8,400 - came from the camp itself, and 10,000 were herded there from the - city and other camps.” - -I omit the next sentence. - - “The shootings started early in the morning and ceased late in - the evening. The SS brought the people, stripped naked, to the - ditches in groups of 50 or 100 men. They were packed into the - bottom of the ditch face down and shot with automatic rifles. - Then a new group of people were piled on the corpses and shot in - the same manner; and so on until the pits were full.” - -I especially concerned myself with determining the exact date when this -method was used for the first time. According to Soviet documents this -started in the second half of 1942. But in general, it may be stated -that similar methods of shooting were already adopted by the German -police detachments in Poland in 1939. - -Thanks to the kindness of our British colleagues, I submit to the -Tribunal a document which was received by our delegation from the -British Prosecution. It is a photostat of the document—the original is -in the archives of the British Delegation and I think I am safe in -saying that if the Tribunal requires the original copy, it can be -presented. The authenticity of the information which is contained in -this correspondence cannot be questioned. It is a German report taken -from the archives of Hitler’s aide-de-camp. I quote one place, which the -Tribunal may find on Page 391 of the document book, second volume, -Paragraph 2, (Document USSR-342). The German staff doctors considered it -necessary to report to Hitler about these shootings because “since these -shootings were done publicly, enemy propaganda may derive much -material. . . .” - -Out of this correspondence I quote a short excerpt from the record of -Corporal Paul Kluge’s interrogation. Paul Kluge belonged to a medical -detachment stationed in Shwetz. He heard that a shooting of Poles would -take place on Sunday, 8 October 1939, in the Jewish cemetery. Out of -curiosity he decided to visit the place of execution. I quote only that -part of his interrogation which relates the manner of shooting. The -Tribunal will find this quotation on Page 393 of the document book, -second volume, second paragraph (Document Number USSR-42). I start the -quotation: - - “We were already of the opinion that we were the victims of - silly rumors and had returned to our barracks, when suddenly a - large bus full of women and children drove into the cemetery. We - returned to the cemetery. Then we saw a party consisting of a - woman with three children, aged from 3 to 8 years, led to an - open grave about 2 meters wide and 8 meters long. The woman was - forced to descend into this grave and took the youngest child - with her in her arms. Two men, members of the punitive - expedition, handed the other two children to her. The woman was - forced to lie, face down, in the grave and beside her three - children, in the same manner, on her left. After that, four men - of the detachment also climbed down into the grave, aimed their - guns so that the barrels were about 30 centimeters away from the - napes of their necks. Thus they shot the woman and her three - children. - - “Then the chief of the detachment called on me to help fill in - the grave. I obeyed this order and, being quite near, I could - see the next party of women and children being shot in the same - manner as were the first. - - “In all, there were nine or ten groups of women and children, - all shot in the same way, four at a time in the same grave.” - -We can therefore see that this method of mass shooting is of very early -origin. - -I omit the next page of the report as it contains the minutes of another -interrogation with similar information, and submit to the Tribunal proof -of other, even more cruel methods of mass shootings which the Hitlerite -criminals invented, beginning with 1943 and continuing to the end of the -war. - -The Hitlerite criminals, beginning with 1943, began to adopt different -methods to cover the traces of their crimes, in particular, to burn the -bodies. It has been proved by documents that the Hitlerites compelled -their victims, first to prepare the kindlings and logs, then to lie down -on these wood piles. Then the first group was shot. The next party of -condemned persons brought logs, laid them down on the layer of corpses, -and then lay down themselves on these logs and were then executed. - -I beg Your Honors to turn to the album concerning the Auschwitz Camp, -where the pictures of another camp, Kloga, are also included. You will -find there a typical example of this cruel manner of shooting. In order -to prove this, I turn to a document which has already been submitted -previously to the Tribunal as Exhibit Number USSR-39. The excerpt which -I wish to quote is on Page 233 of the document book, second column of -the text, last paragraph. I start the quotation: - - “On 19 September 1944 the Germans began the liquidation of the - Kloga Camp. Unterscharführer of the Camp, Schwarze, and the - chief of the office, Hauptscharführer Max Dalmann, selected 300 - people from among the internees, and made them carry firewood to - a clearing in the woods. Seven hundred other men were forced to - build pyres. When these pyres were ready the German butchers - began mass shootings of the internees. - - “In the first place, those who carried the wood and built up the - fires were shot and then the remaining victims. The shooting was - carried out in the following manner: At the point of a gun - members of the SD Police units forced the prisoners to lie face - down on the platforms of the pyres and then they shot them with - submachine guns or revolvers. The bodies were burned on the - fires.” - -To save time I omit the next part of the quotation. In order to prove -that the methods in other camps were even more cruel but of the same -type as the ones described above, I beg the Tribunal to turn to a -document, which has already been submitted as Exhibit Number USSR-38 -(Document Number USSR-38). It is the report on the atrocities of the -German invaders in the town of Minsk. I refer to a quotation which the -Tribunal will find on Page 215 of the document book in the second column -of the text, last paragraph. - -In the first part of this quotation you will read how, in order to -conceal the traces of their crimes, the German Hitlerite invaders built -near the camp in Maly Trostianets primitive crematorium installations. I -begin my quotation by that passage of the report which speaks of the -shootings which occurred in the immediate neighborhood of these -primitive crematorium installations. To facilitate the task of the -translators, I inform you that I omitted three pages of the text and I -read now from Page 223 of the Russian text of the speech. - -I begin the quotation with the testimony of the witness Savinsky, who -stated as follows: - - “Having reached a point 10 kilometers from Minsk, near the - village of Maly Trostianets, the car stopped near one of the - barns. We all understood that we were brought here to be - shot. . . . By order of the German butchers the interned women - were brought out in groups of four from the car. Seeing that it - was my turn, together with Anna Gobubovich, Yulia Semashko, and - another woman whose name I do not know, I climbed on top of the - pile of bodies. Shots were heard. I was slightly injured on the - head and fell.” - -I omit the next part of the quotation which described how this woman -saved herself. I quote the last paragraph: - - “The legal-medical experts discovered that there were bullet - wounds in the necks of these bodies. In the barn and on the - stacks of logs the Germans shot and burned 6,500 persons.” - -I omit the next three pages of the text and next submit to the Tribunal -the proofs of the organization of the German fascist invaders. . . . - -THE PRESIDENT: The translation came through to us that 63 people were -killed. The translation in writing is 6,500. - -MR. COUNSELLOR SMIRNOV: The translation in writing is absolutely -correct, Mr. President. For the confirmation of this, one could turn to -the original document—the report of the Extraordinary State Commission -of the Soviet Union. This was a gross error on the part of the -interpreters. They diminished the number of those shot more than 10,000 -times. - -So I omit the following three pages of the statement and will present -evidence of the existence of special places of mass executions where the -number of victims was numbered by hundreds of thousands of persons and -where the doomed were brought in not only from the surrounding regions -but from many countries of Europe. - -By means of brief excerpts I submit to the Tribunal proof of the -existence of two such centers, which were among the most famous. They -are the center of mass executions of Panary, 8 kilometers from Vilna, -and Fort Number 9, the “Fort of Death” in Kaunas, which has acquired a -particularly grim reputation. - -I quote a report which has been submitted to the Tribunal, the report of -the Extraordinary State Commission on the atrocities of the Hitlerite -invaders in Lithuania. The Tribunal will find this quotation on Page -294, second column of the text, last paragraph. For the convenience of -the interpreters I inform you that I am quoting from Page 228. I omit -the first three paragraphs which state that the mass execution place at -Panary was organized in July 1941 and existed until June 1944. I -continue the quotation starting with the fourth paragraph where it is -related how the Hitlerites attempted to cover up the traces of their -crimes in this place of mass executions. I quote: - - “In December 1943”—stated witness Saydel Matvey Fedorovich—“we - were forced to exhume and burn the corpses.” - -I omit the next sentence and continue the quotation: - - “For this purpose, we placed on each pyre about 3,000 corpses, - poured oil over them, placed incendiary bombs on four sides, and - set it on fire. - - “The burning of corpses continued from the end of 1943 to June - 1944. During this period, more than 100,000 corpses were dug out - from nine pits of a total volume of 21,179 cubic meters and were - burned on fires. The last days before their retreat the - Hitlerites did not have time to burn the bodies of the - shot. . . .” - -I omit the next few paragraphs and quote the results of the -medical-legal expert commission: - - “The corpses that were examined were, for the most part, those - of the civilian population. A small number of corpses were found - dressed in military uniforms. On some of the corpses were found - objects of religious worship of the Catholic and Greek Orthodox - faith. According to the objects and documents found, it has been - established that among those who were shot, there were - physicians, engineers, students, chauffeurs, mechanics, railroad - workers, tailors, watchmakers, tradesmen, _et cetera_.” - -I omit the next three paragraphs and pass on to the concluding sentence: - - “The medical-legal expert commission has established that the - German fascist butchers shot and burned in Panary not less than - 100,000 people.” - -I quote further proof concerning the Fort of Death in Kaunas. I begin -the quotation: - - “Fort Number 9 was called by the residents of Kaunas the ‘Fort - of Death.’ This fort, located 6 kilometers northwest of the - city, is an old iron-reinforced concrete fortification. Inside, - there are numerous casements, which were used by the Germans as - cells for prisoners. This fort is surrounded by a concrete wall - and barbed wire. - - “In the very first days after their arrival in Kaunas, the - Hitlerites drove some 1,000 Soviet war prisoners into the fort - and forced them to dig ditches in a field of over 5 hectares in - area, at the western wall of the fort. During the months of July - and August 1941, 14 ditches were dug, each of them 3 meters - wide, more than 200 meters long, and more than 2 meters in - depth. Those who entered Fort Number 9 never survived. In - columns of several thousand people, the Hitlerites drove in - there women, children, adolescents, men, and aged persons for - the purpose of shooting them and burning their bodies.” - -I omit the next three paragraphs and continue my quotation: - - “In Fort Number 9 people of different nationalities were shot: - Russians, Ukrainians, Bielorussians, Lithuanians, Poles, and - Jews. The following people were shot in this fort: a deputy to - the Supreme Soviet Council of the U.S.S.R., Bydzhinskiene; a - deputy to the Supreme Soviet Council of the Lithuanian S.S.R., - Zhibertas; and others. Besides Soviet citizens the Hitlerites - exterminated French, Austrian, and Czechoslovak citizens in Fort - Number 9. - - “A former supervisor of Fort Number 9, the witness Naudjunas, - testified: - - “‘The first group of foreigners, numbering 4,000, arrived at the - fort in December 1941. I talked to one of the women, who said - that they were being transported to Russia, allegedly for work. - On 10 December 1941 the extermination of foreigners began. They - were ordered to leave the fort in groups of 100 people, - allegedly for inoculations. Those who left for inoculations did - not return. All 4,000 foreigners were shot. On 15 December 1941 - another group arrived, numbering approximately 3,000 persons, - which was also exterminated.’” - -I omit the next paragraph on this page, and nearly the whole of the -following page, and quote only the conclusive data: - - “The Investigation Commission ascertained that the Hitlerites - had exterminated in Fort Number 9 over 70,000 peaceful - inhabitants.” - -In numerous cases the German fascists used methods full of cruel cunning -for the mass extermination of peaceful Soviet citizens. In order to -prove this statement, I refer to the report of the Extraordinary State -Commission for the Stavropol region, which has already been submitted to -the Tribunal as Exhibit Number USSR-1 (Document Number USSR-1). The -Tribunal will find this excerpt on Page 268 of the Document Book; I -quote one paragraph—the second paragraph, of the text: - - “It is established that before retreating from the city of - Geozgievsk on 9 and 10 January of this year, by order of the - chief physician of the German hospitals in the city, Baron Von - Heiman, the German soldiers sold alcohol and soda water at the - city market, which proved to be methylated spirit and oxalic - acid. The result consisted in mass poisoning of the inhabitants - of this town.” - -Among the crimes perpetrated by the German fascists on Soviet territory -I must mention especially the treatment to which they subjected the -inhabitants of Leningrad. I have already mentioned this in speaking of -the Leningrad children yesterday. - -In order to shorten my quotation from the Extraordinary Commission’s -report on Leningrad—although, being a citizen of Leningrad myself, I -would like the Court to have an accurate picture of the sufferings -endured by the great city as a result of the German fascist terror—I -will quote only general data regarding the German destruction and crimes -in the city of Leningrad. The Tribunal will find this quotation on Page -345 of the document book, second volume. I begin the quotation: - - “During the 900-day siege of Leningrad, when the German fascist - invaders were in possession of its suburbs, they perpetrated - countless atrocities on the peaceful civilians. - - “The Germans dropped on Leningrad 107,000 demolition and - incendiary bombs and 150,000 heavy artillery shells. Every - minute throughout the siege each Leningrad resident was in the - same danger as if he had been on a field of battle. Every - instant he was threatened with death or mutilation. Bombing and - artillery fire killed a total of 16,747 and wounded 33,782 - persons.” - -I interrupt my quotation, omit the next page of my statement, and beg -the Tribunal to notice Page 347 of the second volume of the document -book, an excerpt from the diary of the German artillery men who shelled -Leningrad. These notes are most cynical and cruel. - -I will now give figures of persons who died of hunger in Leningrad in -the terrible winter of 1941-1942. I quote only one line: “As a result of -the hunger blockade of Leningrad, 632,253 people perished.” - -I omit the following two pages and pass on to evidence concerning the -adoption by the Hitlerites of special machines for the extermination of -people by monoxide gas—in special machines (Sondermaschinen), by “gas -vans” or “murder vans,” (_dushegubki_) as the Soviet people rightly -named them. The very fact of employing such machines for the mass murder -of people constitutes a very heavy charge against the leaders of German -fascism. The special equipment for mass extermination of people in -hermetically closed automobiles in which the exhaust pipes were -connected to the bodies of the car by means of special movable tubes was -utilized by the German fascists for the first time in the U.S.S.R. in -1942. I would like to remind the Tribunal that these gas vans were -mentioned for the first time in a report which I have already submitted -to the Tribunal concerning the atrocities of the German fascist -aggressors in the town of Kerch. This document was submitted as Document -Number USSR-63 and refers to the spring of 1942. - -I remind the Tribunal of an excerpt from the statements of the witness -Darya Demchenko who saw how from two murder vans German military -personnel in Kerch dragged out the bodies of the murdered and dumped -them into an antitank ditch. - -However, the mass extermination of people in gas vans was ascertained -without reasonable doubt for the first time in the report of the -Extraordinary State Commission on atrocities of the German occupiers in -the Stavropol region. This document was submitted to the Tribunal by me -earlier as Exhibit Number USSR-1 (Document USSR-1). Investigation of the -crimes committed by the German fascists in the Stavropol region was -directed by a prominent Soviet writer and member of the Extraordinary -State Commission, Academician Alexey Nikolaevitch Tolstoy, who now is -deceased. - -This very thorough investigation was undertaken with the assistance of -the most prominent specialists in forensic medicine, inasmuch as human -imagination, having set definite logical limits to any crime, could only -with difficulty then accept the existence of these machines. However, -the results of the investigation corroborate in full the testimony of -surviving witnesses regarding the murder vans and the German fascist -mass murders of peaceful citizens executed by this means. - -The report of the Extraordinary State Commission on the Stavropol region -gives the first detailed description of the mechanism of these murder -vans; and I am reading a quotation which the Tribunal will find on Page -268 of the document book, Paragraph 4. I quote this excerpt in full as -the technical matter here detailed coincides with those technical -details which the American Prosecution so fully reported to the -Tribunal. This is corroborative evidence, and is therefore important. I -begin my quotation: - - “The mass extermination of peaceful citizens of the U.S.S.R. by - the Germans was done by poisoning them with carbon monoxide in - specially constructed machines or ‘murder vans.’ - - “Prisoner of war E. M. Fenchel testified: - - “‘While working as a motor mechanic, I had the opportunity of - studying in detail the van construction especially adopted for - suffocating and exterminating people with exhaust gases. There - were several such vans in the town of Stavropol at the disposal - of the Gestapo. - - “‘Their construction was as follows: The body was approximately - 5 meters long by 2½ meters wide by approximately 2½ meters in - height. It was shaped like a railway car without windows. Inside - it was lined with galvanized sheet iron; on the floor, also - covered with galvanized iron, was a wooden grating. The door of - the body was lined with rubber and was tightly closed with an - automatic lock. On the floor of the van, under the grating, were - two metal pipes.’” - -I omit the end of the sentence. - - “‘These pipes were connected with a transverse pipe of equal - diameter. . . .’” - -I omit the next part of the sentence. - - “‘These pipes had frequent holes a half centimeter in width. - From the transverse pipe down through a hole in the galvanized - iron floor went a rubber hose with a hexagonal screw at the end, - threaded so as to fit the thread on the end of the engine - exhaust pipe. This hose is screwed on to the exhaust pipe and - when the engine is running all the exhaust gas goes into the - body of this hermetically closed van. From the accumulation of - these gases, a man inside the van died within a short space of - time. The machine could contain approximately 70 to 80 people. - The motor of this machine usually bore the trademark “Sauer.”’” - -I omit the following part of the quotation, because the data contained -therein is already known to the Tribunal and I beg the Tribunal to pay -attention to Page 270 of the document book, first paragraph, which says -that in the Stavropol region the murder vans were used for the killing -of 660 people who were ill in the local hospital. Further I draw the -attention of the Tribunal to the report of the Extraordinary State -Commission regarding the Crimes of the German fascist criminals in -Krasnodar. I submit this document to the Tribunal as Exhibit Number -USSR-42 (Document Number USSR-42). It concerns the mass killing of -people in murder vans. I will not quote this document. I pass on to Page -243. I submit to the Tribunal as Document Number USSR-55 the verdict of -the military tribunal of the North Caucasian Front. I wish only to quote -a short excerpt from this verdict in order to save time. The Tribunal -will find this on Page 439 of the document book, Volume II, Paragraph 2. -I begin the quotation: - - “The legal investigation has also ascertained as facts the - systematic torture and burning, in the cellars of the Gestapo by - the Hitlerite criminals, of many arrested Soviet citizens, as - well as the extermination by carbon-monoxide gases in specially - built cars (murder vans), that is, the asphyxiation of - approximately 7,000 innocent Soviet people, including more than - 700 patients from the hospitals of the town in Krasnodar region; - among them were 42 children, from 5 to 16 years old.” - -I omit the pages of the text. - -Next I submit to the Tribunal a report of the Extraordinary State -Commission of the Soviet Union on the atrocities of the German fascist -invaders in the town of Kharkov and the Kharkov region. I submit this -document to the Tribunal under Document Number USSR-43. I will not quote -this document, but will go over to another, more comprehensive document, -namely, the verdict of the military tribunal of the 4th Ukrainian Front -which was pronounced in this case. This document has been introduced to -the Tribunal as Exhibit Number USSR-32 (Document Number USSR-32). The -Tribunal will find this excerpt which I would like to quote on Page 222 -of the document book, first paragraph. I begin the quotation: - - “For the mass executions of Soviet citizens the German fascist - invaders used the so-called gas wagons: Large, closed cars which - were known to the Russians as ‘murder vans.’ Into these gas - wagons the German fascist invaders drove Soviet citizens and - murdered them by special poisonous gas, carbon-monoxide. In - order to hide the traces of the monstrous crimes committed and - the mass extermination of Soviet people by way of asphyxiation - with carbon-monoxide in these gas wagons, the German fascists - burned the bodies of their victims.” - -I conclude this quotation and omit the next page of the text and another -page, and go on to Page 252 of my statement. - -In order to prove that the murder vans were used not only at places I -mentioned, I now refer to a report of the Extraordinary State Commission -which has already been submitted to the Tribunal as Exhibit Number -USSR-9 (Document Number USSR-9), on the atrocities committed in the town -of Kiev. The Tribunal will find there a proof of the fact that murder -vans were used in Kiev. - -THE PRESIDENT: We have just had handed up to us, in the written -translation of your address, Page 234. We already had Page 234. Do you -want this to be 234(a)? Is it just one page that you are handing up now? - -MR. COUNSELLOR SMIRNOV: There is a different numbering in the English -text, Mr. President; and it is difficult for me to talk about the text -which is in your possession, because I simply do not know the numbering -of the English translation. - -THE PRESIDENT: Maybe it is 234(a)? - -MR. COUNSELLOR SMIRNOV: I am on Page 251 of the Russian text. - -THE PRESIDENT: I think the better course will be to adjourn now and -perhaps the slight muddle in these translations can be cleared up. - - [_A recess was taken._] - -MR. COUNSELLOR SMIRNOV: I have interrupted my report of the wide -application of murder vans in the temporarily occupied regions of the -U.S.S.R.—that is, I interrupted the report of the Extraordinary State -Commission concerning crimes in Rovno and the Rovno region. The members -of the Tribunal will find reference to this on Page 291, second column -of the text, Paragraph 10 of the document book. I limit myself to one -paragraph only. I begin the quotation: - - “The extermination of peaceful citizens and prisoners of war in - the town of Rovno used to take place by means of mass shooting - from tommy-guns and machine guns, murder with carbon-monoxide in - murder vans, while in separate instances people were thrown into - pits and buried alive. Some of the victims, particularly those - executed at the quarries near the village of Vydumka, were - burned on special places prepared in advance.” - -I end my quotation and go over to Page 253 of the text, Paragraph 3. -Further, in conjunction with the same matter, I refer to the report of -the Extraordinary State Commission on the crimes in Minsk. The members -of the Tribunal will find this quotation on Page 215 of the document -book, second paragraph, second column of the text. I read one quotation -from this report. I begin the quotation, “Thousands of Soviet citizens -have perished in concentration camps at the hands of the German -executioners.” - -I omit the following four sentences and pass on to the testimony of -witness Moisievitch. He says—I begin the quotation: - - “I was an eyewitness to the manner in which the Germans killed - people in their murder vans. From 70 to 80 people were forced - into a murder van and then driven away to an unknown - destination.” - -I end my quotation, and I ask the Tribunal’s permission to draw its -attention to the fact that in Minsk the principle of the murder van was -used for stationary gas chambers, which were installed by the criminals -in common bath houses. It is also mentioned in this report of the -Extraordinary State Commission. - -Further, I refer to the verdict of the court-martial of the Smolensk -military region, dated 15-19 December 1945, which the Tribunal will find -on Page 72 of the document book. There it is related that in Smolensk -the Germans also employed special gas automobiles, the so-called murder -vans for killing Soviet people with carbon-monoxide. It seems to me that -it is not merely coincidence that murder vans appeared in the territory -of the U.S.S.R. in the year of 1942. At that time the chief criminals -were still quite convinced of victory and started carrying out in -practice their premeditated plans for the extermination of the people of -Europe. They were not then afraid of responsibility for these crimes. -That is why in 1942 there appeared new links in the long chain of the -crimes committed by the leaders of German fascism. The fascist technique -of extermination was once again in full swing. It created murder vans, -gas chambers in the concentration camps, special electrical appliances -for the mass murder of the doomed, crematoria, and also “Zyklon” banks. - -Now, I pass over to the next section of my presentation: “Concentration -camps for the peaceful population.” - -Inasmuch as this subject has already been extensively treated by the -members of the Prosecution who presented their cases before me, I shall -try to be as brief as possible; I shall limit myself either only to -absolutely new information or to the text of the documents which serve -as an explanation to the movie films which will be shown today before -the Tribunal. - -I beg to draw the attention of the Tribunal to the fact that at the end -of 1941 and in 1942 the scale of German fascist crimes committed in -concentration camps reached vast proportions. In particular, I refer to -the report of the Polish Government in confirmation of this statement. -On Page 138 of the document book the members of the Tribunal will find -the testimony to the effect that in 1942 one of the most terrifying -extermination camps, the Treblinka Camp Number 2, was in rapid process -of erection. The Germans called this “Treblinka B.” Further, I refer to -the report of the extraordinary State Commission on Auschwitz. The -members of the Tribunal will find the extract which I am going to quote -on Page 353 in the document book, Volume II, second column of the text, -Paragraph 2. I quote a short excerpt from Page 257: - - “In 1941 the first crematorium for burning the corpses of - murdered people was built in the Auschwitz Camp. This - crematorium had three ovens. Attached to the crematorium was a - so-called ‘special purpose bath-house.’ That was a gas chamber - for asphyxiating people.” - -I draw the attention of the Tribunal to the following sentence: - - “In the summer of 1942 the Reichsführer SS Himmler inspected - Auschwitz Camp and ordered it to be greatly enlarged and - technically perfected.” - -I end my quotation here, and I call the attention of the Tribunal to -Page 136 on the reverse side of the document book; this is from a report -of the Polish Government, which shows that the Camp Sobibur was founded -during the first and second liquidation of the Jewish ghetto. But the -extermination on a large scale in this camp really started at the -beginning of 1943. In this same report, in the last paragraph on Page -136 of the document book, we may read that Camp Belsen was founded in -1940; but it was in 1942 that the special electrical appliances were -built in for mass extermination of people. Under the pretext that the -people were being led to the bath-house, the doomed were undressed and -then driven to the building where the floor was electrified in a special -way; there they were killed. - -Usually the concentration camps of German fascism can be divided into -two groups: the labor concentration camps and the extermination camps. -It seems to me that such a differentiation is not quite correct, because -the labor camps also served the purpose of extermination. - -I omit two pages of the text and I pass on to the Page 260. In -confirmation of what I said just now, I refer to the report of the -Extraordinary State Commission relative to Yanov Camp in the city of -Lvov. The Tribunal will find this on Page 59 in the document book, -Paragraph 5 of the first column of the text. But at the same time, I ask -the members of the Tribunal to refer to Page 6 of the album of documents -relative to the Lvov Camp. One of them is a picture of “a trench in the -valley of death.” The ground is soaked with human blood to the depth of -1½ meters. On the next pages are shown the belongings taken from the -executed persons. This picture was taken by the experts of legal -medicine about 2 months after the mass shootings. - -From the reports of the Extraordinary State Commission on crimes in the -Yanov Camp it can be seen that here in what was officially a usual work -camp, over 200,000 Soviet citizens were exterminated, according to the -findings of the legal experts. I quote only the first paragraph on Page -261 of the Russian text. I begin the quotation: - - “In view of the total area of burial grounds and the area of 2 - square kilometers in which the ashes and bones were scattered as - well the expert commission concluded that in the Yanov Camp - there were exterminated over 200,000 Soviet citizens.” - -I omit the next part of my presentation, which deals with the regime of -starvation in concentration camps. This was already very well presented -by the representative of the British Prosecution, Sir David -Maxwell-Fyfe. This must be already quite clear to the Tribunal and I -don’t think it will be necessary to give any additional proofs. But I -ask the Tribunal’s permission for a presentation of evidence on a camp -which was created by the German fascists only during the last stage of -the war. I refer to Page 265 of my presentation. - -Maidanek and Auschwitz camps served as a means of extermination only for -those who really were sent to these camps. These two camps were not a -direct menace for those people who were outside the walls of the camp; -but, in the course of the war, having already suffered grave defeats, -German fascism began to practice new bestialities for exterminating -peaceful citizens—thus, in Bielorussia camps of death, not only to -exterminate the inmates of the camp itself but, first and foremost, to -spread infectious diseases among the peaceful population and the ranks -of the Red Army. There were no crematoria and gas chambers in these -camps but these camps should in all justice be considered as among the -most brutal concentration camps which were created by fascism for -extermination of people. - -I present to the Tribunal as Exhibit Number USSR-4 (Document Number -USSR-4) the report of the Extraordinary State Commission of the Soviet -Union for the investigation of the murder of people by means of -spreading typhus epidemics. Such evidence was not presented before, and -I shall therefore quote several excerpts from this report. I begin the -quotation on Page 454 of the document book, first column of the text, -first paragraph; last paragraph on Page 266 of the Russian text. I begin -the quotation: - - “On 19 March 1944 advancing Red Army units discovered, near the - settlement of Osaritchi in the region of Polesskoy in the - Bielorussian S.S.R., within the limits of German defense lines, - three concentration camps in which there were over 33,000 - children, women, and old men incapable of work.” - -I interrupt my quotation, and I omit one paragraph. - - “The camps were really open squares surrounded by barbed wire. - The approaches to them were mined. There were no buildings - whatever even of the most insignificant type in the camp - grounds.” - -I call the Tribunal’s attention to the fact that all this happened in -March, in Bielorussia, when it is really very cold there. - - “The inmates were sitting on the ground. Many of them had lost - their ability to move and were lying unconscious in the mud. It - was forbidden to the inmates to build fires, to gather brush or - branches for bedding. The Hitlerites shot Soviet people for the - slightest attempt to violate this order. - - “For concentration camps close to the nearest line of defense, - the Germans, in the first place, selected sites in such places - where they did not hope to retain their position. Secondly, they - concentrated large masses of Soviet people in the camps, placing - there primarily women, children, and old men unable to work. - Thirdly, they placed in these camps thousands of typhus patients - who were brought from various temporarily occupied regions of - the Bielorussian S.S.R., especially for this purpose. They were - kept together with the starved, weak inmates who no longer could - serve as labor and who were living there under the most - unhygienic conditions. - - “Among those liberated from these camps were 15,960 children up - to the age of 13; 13,072 women incapable of work, and 4,448 old - men.” - -I omit the next page and read Page 269 of the Russian text. I quote only -one paragraph which reveals the methods used by the criminals to drive -into the camps peaceful citizens from various regions of Bielorussia. -Witness Mrs. L. Pikarskaya, who was liberated from the camp, testified -before the commission: - - “On 12 March 1944 late in the afternoon, we, the inhabitants of - the city of Jlobin, were forced to assemble within half an hour - at the station Jlobin South. Here the Germans selected all the - young ones and took them away. Having herded us into railroad - cars, the Germans closed the doors tightly. Where we were going - we didn’t know, but we all anticipated some evil. . . . - - “As we found out later on, we were taken along the Rudobelkovsky - railway and unloaded late in the afternoon on 15 March. During - the night, knee deep in sticky mud, we were driven into a camp. - From this camp were driven into another one. On the way the - Germans beat us, and those who lagged behind were shot. One - woman was walking with three children. One of the children fell - down. The Germans shot at him. Horrified, the mother and the two - other children looked back; the monster soldiers shot them down - one by one. The mother cried out in agony, but her shriek was - interrupted by a direct shot. Another mother and son, the - Bondarews, walked side by side. The child could not stand the - tiring journey and fell down. The mother bent over him, she - wanted to encourage him with a word; but neither the son nor the - mother rose or saw the blue sky again; the Germans shot them.” - -I omit the next page of this document and I pass to the presentation of -some evidence testifying to the fact that the Germans purposely -concentrated in this camp the typhus-stricken people. I quote three -paragraphs from Page 271 of this text: - - “A. S. Mitrachovich, a resident of the village of Novo-Belitza - who was liberated from the camp, testified: - - “‘We who were sick with typhus were driven to the village of - Mikul-Gorodok into a camp surrounded by barbed wire.’ - - “An inhabitant of the hamlet of Novogrudok, Z. P. Gavrilchik, - testified: - - “‘During 3 days typhus-stricken patients were brought in motor - cars into camp, with the result that many who were healthy also - became sick.’” - -I omit the next two pages of the document and I pass over to what the -members of the Tribunal will find on Page 254, on the reverse side, -second column of the text, Paragraph 6. I quote: - - “The German Army Command used to send their own agents to the - camps near the front line to observe how the typhus was - spreading among the inmates and also among the Red Army units.” - -Next there is the testimony of one of such agents, the traitor -Rastorguev. I omit this quotation. - -To conclude the presentation of evidence relative to this matter, I -shall only quote a few excerpts from the findings of the medical experts -of epidemical diseases. The Tribunal will find it on the back of Page -454, second column of the text. This is Page 274 of the Russian text. I -begin the quotation: - - “(a) The German authorities placed together in concentration - camps both the healthy and the typhus-stricken Soviet citizens. - - “(b) In order to expedite the dissemination of typhus in the - camps, the Germans used to transfer the typhus patients from one - camp to another. - - “(c) On many occasions when typhus patients refused to go into - the camp, the German authorities used force. - - “(d) German aggressors used to move typhus patients from - hospitals into the camps and mixed them with the healthy camp - inmates.” - -And the last paragraph: - - “(e) The infecting of the Soviet population with typhus began in - second half of February and was practiced to the middle of - March.” - -The result of it was mass infection of the people interned in the camp, -and the members of the Tribunal will find proof of this in the next -paragraph where it is said that the Red Army Command sent 4,052 Soviet -citizens to the hospitals, among them 2,370 children below 13 years of -age, all liberated just from one hamlet of Ozarichi, in the Poless -region. - -I omit those sections of my presentation where I wanted to give concrete -information as to the terrible conditions under which the inmates of -these concentration camps had to live, and I pass to Page 277 of my -statement where I deal with concentration camps of the “usual type.” - -I quote short excerpts only from the report of the Yugoslav Government -dealing with Camp Banyitza, near Belgrade, from which it is evident that -the Yugoslavian camp, so far as bestial conditions are concerned, was -quite identical with the camps in other countries of Eastern Europe. The -members of the Tribunal will find this passage on Page 263 of the -document book, second paragraph. I quote the third paragraph of this -document: - - “Camp Banyitza, near Belgrade was established by the German - occupational authorities as far back as June 1941. From the - captured documents of this camp it is evident that 23,637 - inmates were registered there. However, from the testimony of - the surviving witnesses, especially the employees of the - quisling authorities who worked in this camp, it was possible to - establish that in reality a much greater number of victims - passed through this camp.” - -I omit the next paragraph and continue my quotation: - - “The witness Monchilo Demyanóvich”—or Demyánovich, I don’t know - where to put the accent—“at the end of 1943 participated in - burning corpses of the victims from Camp Banyitza.” - -I omit the following part of the paragraph and continue my quotation: - - “At the interrogation on 7 February 1945, he testified before - the Yugoslav State Commission that during the period of his work - there, he counted 68,000 corpses.” - -I omit further five pages of the report, as the information contained -therein is well known to the Tribunal. I pass to Page 283 of the Russian -text. I present to the Tribunal as Exhibit Number USSR-193 (Document -USSR-193) an excerpt from an official register of the hospital at Camp -Saimyshte, near Belgrade. - -The report of the Yugoslav Government justly states that this hospital -reminds one more of a camp chapel, where the bodies of the dead were -brought for the last rites. On some days—I beg the Tribunal to refer to -the entry Number 1070—there were delivered the bodies of tens and -hundreds of people who had died of starvation. For instance, under the -entry note 1070 are listed 87 corpses delivered to the hospital. Under -Number 1272, 122 bodies are noted, under Number 2041 there were 112 -bodies delivered. I don’t consider that these figures need any comment -to illustrate the camp regime, especially as far as living conditions of -the inmates are concerned. - -In the camps in the territory of the U.S.S.R. temporarily occupied by -Germans, the living conditions of the inmates at all camps were of -extreme grimness. - -I quote a short excerpt from the report of the Extraordinary State -Commission of the Soviet Union on the crimes in the Lithuanian S.S.R. I -begin the quotation: - - “In the territories of the Lithuanian S.S.R., the Hitlerites - exterminated in great numbers not only the local population but - also people who were driven here from the Orlov, Smolensk, - Vitebsk, and Leningrad regions. From the summer of 1943 to June - 1944, 200,000 people passed through the camp for the evacuated - population near the town of Alitous.” - -You will see this camp in the movie document which will be presented -today. - -I omit the next part of the quotation and I read two paragraphs further -down: - - “Due to the filthy living conditions, the unbelievable crowding, - lack of water, starvation, disease, and mass shootings, about - 60,000 Soviet citizens perished during 14 months in this camp.” - -I omit the two next pages of the text and I quote from Page 288 of the -report. It is mentioned here that for the families of Red Army soldiers -special concentration camps were set up in the territories of the -Lithuanian S.S.R. The following order was posted in this camp: - - “For expressing displeasure with German authorities and for - violation of the camp regime the Soviet people shall be shot - without trial, jailed, or sent on forced labor for life to - Germany.” - -I omit one paragraph and continue: - - “A German woman in command of four such camps, Elisabeth - Zeeling, frequently announced to the inmates, ‘You are my - slaves; I shall punish you in any way I want.’” - -I refer further to the report of the State Extraordinary Commission -relative to the crimes in the city of Kiev. This report describes -murders in the camps which will be also shown in the films today. I -quote only one quotation from this report, which shows the methods of -extermination of people in the Syretzk Camp. I quote Page 289, Paragraph -3, of the Russian text: - - “Radomsky and Rieder used all kinds of devices for the - extermination of Soviet citizens. For instance, they invented - the following method of murder: Several Soviet prisoners would - be forced to climb a tree and others had to saw it down. The - prisoners would fall together with the tree and be killed.” - -Further, I quote a short excerpt from the report of the Extraordinary -State Commission on crimes in the Estonian S.S.R. This excerpt describes -the very severe regime in the Estonian camps. I quote the last paragraph -on Page 90: - - “Daily in the camp there were public floggings of the inmates on - a bench especially built for this purpose. Besides this, for the - smallest offense people were kept without any food for 2 days; - or, in the coldest weather, they were forced to stand tied to a - post for 2 or 3 hours. Not only the SS guards but also the - administration of the camp and the German physicians took part - in torturing the internees. The German doctor, Botmann, - personally beat two inmates, Dr. Salkinson and Dr. Tzetzov. - Besides this, Dr. Botmann systematically poisoned sick inmates, - injecting the poison (evipan) under their skin. The medical - attendant Unterscharführer Gent killed 23 elderly inmates with - an ax. The witness I. M. Ranter testified, ‘In February 1944 two - children were born in the camp at Kloga. Both of them were - thrown alive into the furnace of the crematorium and burned.’” - -I interrupt my quotation, as I consider that the regime in these -concentration camps has already been sufficiently described. I pass on -to the presentation of evidence on the camps of extermination, the -so-called “Vernichtungslager.” Numerous proofs on this subject have -already been presented to the Tribunal and therefore I shall limit -myself to the presentation of evidence which is connected with the -documentary films which are to be shown to the Tribunal today. I -consider that the Tribunal has had enough proof of the fact that -citizens of all European countries were exterminated in concentration -camps. People both from Western Europe and from the countries of Eastern -Europe were brought into these camps. This is shown not only by official -reports on these camps, but also from a board with names of inmates of -one of the camp’s sections which Your Honors can find in the album of -documents on Auschwitz. The citizenry of all European countries may be -found. - -A special technique was used in the extermination of the people and in -connection with this I draw the attention of Your Honors to one fact, -which I especially investigated when I was analyzing the materials -relating to concentration camps. I decided to ascertain the number of -individual firms in the German fascist state engaged in building -crematoria for the concentration camps. - -I shall present to the Tribunal the evidence that in fascist Germany -there were at least three special firms engaged in building crematoria -and crematorium installations for concentration camps. This testifies to -the scale of the crimes committed in these camps. I omit the text from -Pages 295 to 303. I begin the presentation of evidence relating to this -section. I ask the Tribunal to refer to the report of the Extraordinary -State Commission on the crimes of German fascist invaders in Auschwitz. -I quote the documents, which are on Page 353 in the document book of the -Tribunal, and which are quoted in the text of the report. I begin the -quotation: - - “Construction of new vast crematoria was entrusted to the German - firm of Topf and Sons of Erfurt, which immediately began to - build four powerful crematoria and gas chambers in Birkenau. - Berlin demanded with impatience that the construction be - expedited and all work completed by the beginning of 1943. - - “In the office records of the Auschwitz Camp there was - discovered a voluminous correspondence between the - administration of the camp and the firm of Topf and Sons. Among - them the following letters: - - “‘I. A. Topf and Sons, Erfurt; 12 February 1943. - - “‘To Central Construction Office of SS and Police, Auschwitz. - - “‘Subject: Crematoria 2 and 3 for the camp for prisoners of war. - - “‘We acknowledge receipt of your wire of 10 February, as - follows: - - “‘We again acknowledge receipt of your order for five triple - furnaces, including two electric lifts for raising the corpses - and one emergency lift. A practical installation for stoking - coal was also ordered and one for transporting the ashes. You - are to deliver the complete installation for Crematorium Number - 3. You are expected to take steps to ensure the immediate - dispatch of all the machines complete with parts.’” - -I omit the next document which deals with “bathhouses for special -purposes” (gas chambers), and present to the Tribunal as Exhibit Number -USSR-64 (Document Number USSR-64), a document which is appended to the -report of the Yugoslav Government. This is a certified photostat of a -document externally having all the official character of a business -document from a “sound business firm.” The name of the firm is -Didier-Werke. The subject of the correspondence—the construction of -crematoria “designed for a large camp in Belgrade.” The document -presented by me characterized the firm Didier as a firm with -considerable experience in construction of crematoria for concentration -camps and which advertised itself as a firm that understood the demands -of its clients. For placing the bodies into the furnace, the firm -designed a special conveyer with a two-wheeled shaft. The firm claimed -that it could fill this order much better than any other firms, and -asked for a small advance, to draw up draft plans for the construction -of a crematorium in the camp. - -I quote a few short excerpts from this document—the first two -paragraphs: - - “With reference to your son’s visit and his conversation with - our expert, Herr Storl, we note that the Belgrade SS unit - intends to build a crematorium for a large camp and that you - have received instructions to design and construct the building - in collaboration with local architects.” - -I interrupt my quotation and I shall quote one more excerpt: - - “For putting the bodies into the furnace, we suggest simply a - metal fork moving on cylinders. - - “Each furnace will have an oven measuring only 600 millimeters - in breadth and 450 millimeters in height, as coffins will not be - used. For transporting the corpses from the storage point to the - furnaces we suggest using light carts on wheels and we enclose - diagrams of these drawn to scale.” - -I interrupt my quotation here and I present to the Tribunal Exhibit -Number USSR-225 (Document Number USSR-225). This document will be -brought to you presently, Mr. President. May I refer to it? It will be -presented to you within a few minutes. - -I submit the new document as Exhibit Number USSR-225; it deals also with -the construction of those crematoria for concentration camps in Belgrade -and contains the correspondence of the firm Kori, G.m.b.H. This is a -well-known firm, which considered that even every business letter must -be ended with “Heil Hitler!” As its clients were well known to it, the -firm Kori once again inquired whether “two furnaces would be -sufficient.” The firm, among other things, mentioned that it had already -built four furnaces for Dachau and five for Lublin; it emphasized that -its technically perfected furnaces gave full satisfaction in practice. I -quote a very short excerpt of this document which the Tribunal will find -on Page 471 in Volume II of the document book. I quote the first -paragraph; this is Page 38, first paragraph of the text: - - “Following our verbal discussion regarding the delivery of a - crematorium installation of simple construction, we suggest our - perfected coal-burning furnaces for crematoria which have - hitherto given full satisfaction. - - “We suggest two crematoria furnaces for the building planned, - but we advise you to make further inquiries to make sure that - two ovens will be sufficient for your requirements.” - -I omit the next paragraph and continue the quotation: - - “The area required for the furnaces, including space for the - stokers and other personnel, is shown by the attached diagram. - Sketch J. Number 8998 shows an installation with two furnaces. - Sketch J. Number 9122 shows the arrangement of four furnaces in - the construction projected for Dachau. A further sketch, J. - Number 9080, shows the Lublin installation with 5 crematoria - furnaces and two built-in compartments for stoking.” - -I omit the next part of the document. The ending is very typical: - - “Awaiting your further news, we will be at your service. Heil - Hitler! C. H. Kori, G.m.b.H.” - -And so we have established that the design and construction of the -crematoria ovens for German concentration camps. . . . - -THE PRESIDENT: The Tribunal would like to know, as they have not these -letters before them, to whom they were addressed. - -MR. COUNSELLOR SMIRNOV: This letter, Mr. President, was addressed to the -SS units in Belgrade. These documents were taken by the Yugoslav -Government. The SS units in Belgrade considered that the methods of -extermination practiced in Bandetz and Saimyshte, which I have already -described to the Tribunal, were not adequate and they decided to perfect -them. For this purpose they started building, or rather they designed -the construction of crematoria in the concentration camps. This was the -subject of the lively business correspondence between the SS police and -the SS units in Belgrade and the German firms, part of which I have just -presented to you. - -THE PRESIDENT: Were the other letters that you referred to also -addressed to SS units? - -MR. COUNSELLOR SMIRNOV: Yes, Mr. President, they were also addressed to -the SS units. The first letter, addressed to the administration of the -Auschwitz Camp was from the firm Topf and Sons. - -I shall now present to the Tribunal evidence of the fact that besides -the stationary crematoria, there existed also movable crematoria. The -Tribunal already knows about the movable gas chambers. These were -“murder vans.” There were also created transportable crematoria. An SS -member, Paul Waldmann, testifies to their existence. He was one of the -participants in the crime perpetrated by the German fascists when -840,000 Russian prisoners of war in Sachsenhausen were annihilated at -one time. The Exhibit Number USSR-52 (Document Number USSR-52) on -Auschwitz has already been presented to the Court. I quote that -particular extract from the testimony of an SS member, Waldmann, which -mentions the mass execution in Sachsenhausen: - - “The war prisoners murdered in this way were cremated in four - movable crematoria, which were transported on car trailers.” - -I omit the next two pages of my report which deals with gas chambers and -crematoria. I think the Tribunal already has a clear idea of this -question. But I ask the Tribunal to pay attention to the repugnant -methods introduced by the German fascists for industrial utilization of -corpses. Further I shall present to the Tribunal evidence which would -testify to even more repulsive utilization of the corpses. Now I shall -quote from a report on Auschwitz, which the Tribunal will find on Page -353, reverse side, of the document book. Beside this I ask the Tribunal -to refer to the Auschwitz album, where on Pages 34, 35, and 36 they will -see the photographs of 7 tons of hair which was taken from dead women, -packed for shipment to Germany. I begin the quotation: - - “From 1943 the Germans, in order to utilize the bones which were - not burned, started to grind them and sell them to the firm - Strem for the manufacture of superphosphates. In the camp there - were found bills of lading, addressed to the firm Strem, of 112 - tons and 600 kilograms of bone meal from human corpses. The - Germans also used for industrial purposes hair shorn from women - who were doomed for extermination.” - -I omit the next pages of my statement and I want to draw the Tribunal’s -attention to the findings of a commission of technical experts which the -Tribunal will find on Page 65, reverse side, of the document book, -Paragraph 2. - -Special research took place in the gas chambers. On the basis of exact -chemical reactions it was established that poisoning in gas chambers was -done by means of hydrocyanic acid, Cyclone A and Cyclone B, and also -carbon-monoxide. - -I quote one paragraph from the findings of the technical experts’ -commission: - - “Technical and medical-chemical analysis of the gas chambers in - the concentration camps in Maidanek”—that is on Page 319 of the - document, third paragraph—“confirms and proves that all those - chambers, especially the first, second, third, and fourth, were - designed and used for systematic and mass extermination of - people by means of poisonous gases, such as hydrocyanic acid and - carbon-monoxide.” - -I omit the following extracts of my statement which describe the regime -in the camps of Auschwitz and Maidanek. I consider that the Tribunal has -already a very clear idea of this. Part of the people were sent -immediately to their death in gas chambers, while the one-fifth or -one-sixth which was left in the camp were subjected to starvation and -killed afterwards. I had the intention of presenting many documents and -excerpts from documents which confirm this fact; but to save time, I -omit them, and pass on to Page 324 of my statement. I mention this for -the convenience of the interpreters. I quote several facts which deal -with cynical and repugnant plundering of inmates who were killed in -Maidanek and Auschwitz. I ask the Tribunal to refer simultaneously with -the text I am going to present to the Auschwitz album, where on Page 27 -you will see a picture of suitcases, which were the property of the -inmates; on Page 28 suitcases with labels of different countries and on -Page 39 a colossal warehouse of children’s clothes; the same on Page 33. - -The document which had not been presented in time, Your Honor, is the -correspondence with the Kori firm—now presented to the Tribunal. I ask -to be excused for the delay. I quote only that particular part of the -report on Auschwitz, which the Tribunal will find on Page 325, on the -reverse side, of the document book, where there is stated what was -discovered by the commission at the warehouses of this camp. I quote one -paragraph; this is on Page 325, second paragraph: - - “On the grounds of the Auschwitz Camp there were 35 special - warehouses for sorting and packing the belongings and clothes. - Before the retreat under the pressure of the Red Army, 29 of - these warehouses were burned with the things stored in them. In - the remaining six were discovered: - - “1. Men’s clothes and underwear, 348,820 sets; 2. female clothes - and underwear, 836,255 sets; 3. women’s footwear, 5,525 pairs; - 4. men’s footwear, 38,000 pairs; 5. rugs and carpets, 13,964 - pieces.” - -I omit the following two paragraphs and I quote . . . . - -THE PRESIDENT: It is time to adjourn. - - [_The Tribunal recessed until 1400 hours._] - - - - - _Afternoon Session_ - -MR. COUNSELLOR SMIRNOV: Your Honors, the same picture of organized -plundering of the murdered persons was ascertained by the commission -during the investigation of Maidanek. I will not quote in full this part -of the communiqué of the Polish-Soviet Extraordinary Commission, and -will quote only one excerpt of the general economic administration of -the SS which is contained in the communiqué of the Polish-Soviet -Extraordinary Commission, and which the Tribunal will find on the back -of Page 66 of the document book, first column of the text, third -paragraph. I begin the quotation: - - “To all commandants of the concentration camps: - - “According to a statement received from the Reich Security Main - Office, parcels of clothing were sent from the concentration - camps mainly to the Gestapo administration in Brünn and in some - there were bullet holes and blood stains on the articles. Some - of the parcels were damaged, so that outsiders could see what - was inside them. - - “As the Reich Security Main Office will in the near future issue - regulations concerning the utilization of articles of property - belonging to the deceased inmates, the sending of these articles - is to cease immediately until definite regulations have been - issued as to the disposal of property belonging to internees who - have been put to death. - - “Signed: Glücks, SS Brigadeführer and major general of the SS.” - -I pass on to the presentation of evidence, depicting the scale of the -crimes committed. - -In only two camps of death the criminals exterminated 5½ million people. -In proof of this I quote the conclusions of the Extraordinary State -Commission for Auschwitz. I will quote only a short excerpt. It is -preceded by a detailed calculation. The Tribunal will find this -reference on Page 356 of the document book, second column of the text, -fourth paragraph. I begin the quotation: - - “However, employing rectified coefficients for the part-time use - of the crematorium ovens and for the periods when they stood - empty, the technical expert commission has ascertained that - during the period of time that the Auschwitz Camp existed the - German butchers exterminated in this camp not less than 4 - million citizens of the U.S.S.R., Poland, France, Yugoslavia, - Czechoslovakia, Romania, Hungary, Bulgaria, Holland, Belgium, - and other countries.” - -I quote the corresponding passages from the Polish-Soviet Extraordinary -Commission’s report on Maidanek. The Tribunal will find this quotation -on Page 66, reverse side, of the document book, second column of the -text, Paragraph 6. I begin the quotation: - - “The Polish-Soviet Extraordinary Commission has ascertained that - during the 4 years’ existence of the extermination camp at - Maidanek the Hitlerite hangmen, following the direct order of - their criminal government, exterminated by mass shooting and - mass killing in gas chambers approximately 1.5 million persons: - Soviet prisoners of war, prisoners of war of the former Polish - Army, and nationals of various countries—Poles, Frenchmen, - Italians, Belgians, Dutch, Czechs, Serbs, Greeks, Croats, and a - great number of Jews.” - -With this document I conclude that section of my statement which -concerns the concentration camps and pass on to the last section -entitled, “Concealment of Traces of Crimes.” - -During the period of their temporary military successes, the German -fascist criminals did not bother themselves very much with concealing -the trace of their crimes. They did not even consider it necessary to -camouflage the burial grounds in which they hurled the bodies of the -murdered persons after the shootings. - -But after the defeat suffered by the Hitlerite war machine at -Stalingrad, the situation changed. Fearing retaliation, the criminals -began to take urgent measures to conceal the traces of their crimes. -Where possible, they burned the corpses. Where this could not be done, -the burial grounds were carefully camouflaged with moss or green -foliage. The earth which covered the graves of those shot was smoothed -out with special machines and with caterpillar tractors. - -However, the main method adopted by the German fascist criminals for -camouflaging their crimes was the burning of the corpses. The ashes from -the burned bodies were strewn over the fields. The bones which had not -been calcinated were crushed in special machines and mixed with manure -for the preparation of fertilizers. In large camps the crushed bones of -the victims were sold to the German firms to be transformed into -superphosphates. - -As proof of the enormous scale of the Hitlerites’ criminal activity -directed toward concealing the traces of their crimes, I shall submit to -the Tribunal a series of documents. I will refer, first of all, to the -communiqué of the Polish-Soviet Extraordinary State Commission on -Maidanek. This document was submitted to the Tribunal as Exhibit Number -USSR-29 (Document Number USSR-29). The part of the communiqué to which I -refer will be found by the Tribunal on Page 65 of the document book, on -the other side, Column 2 of the text, last paragraph. In order to save -time, I will allow myself to summarize the contents of this document: - -In the beginning of 1942 two ovens for the burning of corpses were -built: - - “As there were a great many corpses, the Germans, in 1942, began - building, and by autumn of 1943 had concluded, the building of - powerful crematoria consisting of five ovens. These ovens burned - unceasingly. The temperature in these ovens could reach 1,500 - degrees Celsius. In order to be able to put as many bodies as - possible into the ovens, the corpses were dissected and the - limbs hacked off.” - -I omit the next paragraphs and beg the Tribunal to pay attention to the -passage which is three paragraphs further down. - -The ovens in the crematories proved to be inadequate, so the Germans -were compelled to resort to special primitive cremation installations -which had been made in the following way—I begin the quotation by -Paragraph 1, Page 334 of the text: - - “On rails or on automobile frames which served as grates planks - were placed. Corpses were laid on the planks, then more planks, - and again corpses. Five hundred to 1,000 corpses were piled on - one pyre. All that was covered with gasoline and ignited.” - -I quote a short excerpt which ascertains the scale of criminal actions -taken to conceal the trace of these crimes, Page 336, first paragraph: - - “The commission has ascertained that in the ovens of the - crematoria alone more than 600,000 corpses were burned. More - than 300,000 corpses were burned on the gigantic pyres in the - Krempetz Woods; more than 80,000 corpses were burned in the two - old ovens; not less than 400,000 corpses were burned on pyres in - the camp itself, near the crematoria.” - -As a proof of these same circumstances, that is to say, of the scale of -the criminal activity of the Hitlerites in concealing the traces of -their crimes, I refer now to the report of the Extraordinary State -Commission of the Soviet Union for the town of Minsk. The members of the -Tribunal will find this quotation on the back of Page 215, second column -of the text, Paragraph 4. I quote a short excerpt: - - “In the Blagovtschchina Woods 34 ditch graves were discovered, - camouflaged with evergreen branches. Some of the graves reached - a length of 50 meters. During a partial excavation of five of - these graves, corpses and a layer of ashes 50 centimeters or 1 - meter thick was discovered at a depth of 3 meters. Near the - graves the commission discovered a great number of small human - bones, hair, false teeth, and numerous small personal articles. - The investigation has ascertained that the fascist exterminated - here up to 150,000 persons. - - “At a distance of 450 meters from the former hamlet of - Petrashkevichi eight ditch graves have been discovered. Their - size is 21 meters long, 4 meters wide, and 5 meters deep. Before - every ditch grave there are enormous piles of ashes, remainders - of the burned corpses.” - -I omit the next page and in proof of this same circumstances I am now -referring to the report of the Extraordinary State Commission concerning -the crimes of the German fascist invaders in the Lvov region. This -document has already been submitted to the Tribunal as Document Number -USSR-6. I quote a very short excerpt from this document. The part which -I will quote will be found by the members of the Tribunal on Page 164, -on the reverse side, second column of the text, Paragraph 5: - - “Upon the order of Reich Minister Himmler and of Major General - of Police Katzmann, special measures for exhuming and burning - the corpses of murdered, peaceful citizens, Soviet prisoners of - war, and citizens of foreign countries were carried out in June - 1943. In Lvov the Germans created a special Sonderkommando - Number 1005 composed of 126 men. The chief of this Kommando was - Hauptsturmbannführer Scherlack; his assistant, - Hauptsturmbannführer Rauch. The duty of this Sonderkommando was - to exhume and burn the corpses of the civilians and prisoners of - war who had been liquidated by the Germans.” - -I dwell on this extract, and I would beg the Tribunal to remember this -number, “Sonderkommando Number 1005.” This Kommando was the prototype of -similar Sonderkommandos created by the Germans. Later, the -Sonderkommandos created for this task received the numbers of 1005-A, -1005-B, _et cetera_. - -I terminate the quotation with the conclusion of the medical-legal -experts. I quote the last paragraph on Page 340 of the text: - - “Thus the Hitlerite murderers adopted in the territory of the - Lvov region the same methods for concealing their crimes which - they employed earlier in connection with the murder of Polish - officers in the Katyn Forest. - - “The expert commission ascertained full similarity of method in - camouflaging the graves in Lissenitzach Forest with those used - to camouflage the graves of the Polish officers killed by the - Germans at Katyn. - - “To extend the experiments in exterminating people, cremating - corpses, and camouflaging the crimes, the Germans set up in - Lvov, in the Yanov Camp, a special school for the preparation of - qualified cadre. The commandants of the camps of Lublin, Warsaw, - Kraków, and other cities attended this school. The chief of the - Sonderkommando Number 1005, Scherlack, taught the commandants on - the spot how to organize the exhumation of the corpses from the - graves, how to pile them on stacks, burn them, how to scatter - the ashes, to crush the bones, to fill up the ditches, and how - to plant trees and brush wood on the graves as camouflage.” - -I now refer to a document which has already been submitted to the -Tribunal as Document Number USSR-61, which is the report of the -examination in the town of Lvov of the special machine for the crushing -of bones. This record may be found by the members of the Tribunal on -Page 473 of the document book. As I have very little time left at my -disposal, I shall only quote very short excerpts. I quote Paragraph I, -on Page 342: - - “The machine for crushing bones was mounted on a special - carriage on the platform of a trailer. It is easily - transportable by automobiles or other means of transportation - without dismounting.” - -I omit the next paragraph, and shall read one more short extract: - - “The machine will function in any spot and does not require - additional adaptation. It can be transported by automobile or - any other vehicle. - - “A machine of these dimensions can produce 3 cubic meters of - calcinated bone powder during 1 hour.” - -I omit the next four pages of the report, and submit to the Tribunal as -evidence the original record of the interrogation of Gerhard Adametz -(Exhibit USSR-80, Document Number USSR-80), taken by an American army -lieutenant, Patrick McMahon. Gerhard Adametz was interrogated under -oath. I dwell especially on this document, which has been put kindly at -our disposal by our American colleagues, because Adametz’ testimony, to -use a legal term, in some points corroborates our own evidential -material. The testimony is very lengthy, and I will limit myself to a -few short quotations. - -Gerhard Adametz was a member of Sonderkommando 1005-B. I draw the -attention of the Tribunal again to the fact that the first -Sonderkommando was simply 1005; this one is Sonderkommando 1005-B. The -excerpt which I shall quote from the testimony of Gerhard Adametz will -be found by the members of the Tribunal on Page 480 of the document -book, beginning with the second paragraph. Gerhard Adametz said that, -together with 40 other members of the Schutzpolizei, he left -Dniepropetrovsk and was sent to Kiev. I remind the Tribunal of the name -of Baybe-yar, which the Tribunal has already heard. I begin to quote the -testimony of Adametz, Page 347: - - “Our Leutnant Winter reported about our column to Oberleutnant - Hanisch, who was the Zugführer of the Schutzpolizei of Group - 1005-A. The place smelled of corpses. We felt faint, stopped our - noses, and tried not to breathe. Oberleutnant Hanisch addressed - us. I remember the following excerpts: - - “‘You have come to the place where you are to serve and support - your comrades. You already smell an odor coming from the church - behind us. We must all get used to this, and you must all do - your duties. We will have to guard internees and do so very - strictly. Everything that takes place here is the secret affair - of the Reich. Everyone of you answers with his head if ever an - internee under his guard succeeds in escaping; besides this, he - will be subjected to a special regime. The same fate awaits - anyone who lets out anything or is careless in his - correspondence.’” - -I omit the next sentence and continue the quotation: - - “After this speech of Oberleutnant Hanisch, we were led out so - as to acquaint ourselves with the place where we were to serve. - We left the cemetery and were brought to an adjoining field. The - road which crossed this field was guarded on both sides by - policemen, who chased away all those who tried to approach it. - In the field we saw about 100 internees resting from work. The - legs of each internee were in chains of about 75 centimeters - long. The internees were dressed in civilian clothes.” - -I omit the next part of the paragraph and continue the quotation: - - “The work of the internees consisted, as we found out later, of - exhuming corpses which were buried here in two common graves, - transporting them, piling them up in two enormous piles, and - burning them. It is difficult to estimate; however, I believe - that on this spot were buried from 40,000 to 45,000 corpses. One - antitank ditch served as a grave and was partially filled with - corpses. This ditch was 100 meters long, 10 meters wide, and 4 - to 5 meters deep.” - -I interrupt my quotation, and continue with the last paragraph of the -text: - - “On the day of our arrival, about 10 September 1943, there were - three or four small piles of corpses on the field.” - -It is interesting to note what this fascist expert in the burning of -corpses understood by the words “small piles.” I continue the quotation: - - “Every such pile consisted of about 700 corpses. It was about 7 - meters long, 4 meters wide, and 2 meters high.” - -I interrupt my quotation and continue from the next page: - - “Here and in other places I observed the following methods which - were employed (burning of corpses): - - “With the aid of iron hooks, the corpses were dragged to certain - spots and then piled on a wooden platform. Then the whole pile - of corpses was surrounded with logs, petroleum was poured on and - ignited. - - “We, the policemen of detachment 1005-B, were then led back to - the cemetery to the church. However, not one of us could eat - because of the terrible smell and because of all we had seen.” - -Although further on the text is very interesting, I have to leave it out -in order to save time and continue the quotation from Page 351, second -paragraph. I quote this excerpt, as in the report of the Kiev -Extraordinary State Commission I already had the honor to report to the -Tribunal about statements of internees who had fled from these -Kommandos. - -Adametz’ testimony gives full confirmation of this episode. I shall only -read a short quotation: - - “About 29 September 1943 at 4:15 a.m. during dense fog, about 30 - internees escaped. They tore off their foot chains, rushed out - of their barracks with shouts, and ran away in different - directions. Six of them were shot; because of the dense fog the - others succeeded in escaping.” - -I interrupt my quotation. I beg the Tribunal to pay attention to the -fact that as soon as the work of burning corpses was completed the -internees were murdered. In proof of this I quote the following excerpt -from Adametz’ statement, Page 352, second paragraph of the text: - - “In other places where I also served as guard, the internees - were murdered after their work (exhuming and burning of corpses) - had been concluded. For this purpose they were brought in groups - or individually, under the escort of the policemen chosen for - this purpose, to a spot designated by the SD. The police were - afterwards sent back to bring along more internees. Then the - members of the SD forced the internees to lie, face down, on a - wooden platform, and immediately shot them in the nape of the - neck. The internees in many cases obeyed this order without - resistance and lay down next to their comrades who already had - been shot.” - -I draw the attention of the Tribunal to the further career of the -Sonderkommando. You will find information on this subject in the same -record. This Sonderkommandant served in Kryvoy Rog, in Nikolaev, at -Voznessensk, and in Riga. That is to say, it crossed my country nearly -from the extreme south to the Baltic countries; a distance of thousands -of kilometers. Everywhere it carried out the same work. In confirmation -of this I will quote only a short excerpt regarding the last stage on -the Kommando’s work in Riga—Page 357 of the statement. I begin the -quotation, “We members of Kommando 1005-B received an order to go to -several newly built barracks which were situated about 250 meters from -six or seven mass graves.” I quote this passage, as Bikerneksky Forest -will be shown in the documentary film: - - “The latter were situated about 4 kilometers from the suburbs of - Riga in the Bikern Forest”—in the record the name of the - Bikerneksky Forest was spelled wrong—“there were about 10 or 12 - thousand. A fresh group of 50 or 60 internees was brought there, - and in the middle of June 1944 work began (the exhumation and - burning of corpses) in the same way as I described at the - beginning. This work was completed by the end of July 1944. I - believe that at that period the front was only about 300 - kilometers away. These 10,000 to 12,000 corpses were those of - men, women, and children of all ages and had been buried about 2 - years ago.” - -I remind Your Honors, that the extract from the report of the -Extraordinary State Commission which I quoted mentioned the date of the -shooting as 1942, and this proves that these two testimonies concur with -each other once again. I continue the quotation: - - “The policemen believed that these people had been shot by the - SS. However, this was only a supposition. This fresh group of 50 - to 60 internees was murdered at the end of July 1944.” - -I omit the following part of the document and will only quote the -conclusion of Gerhard Adametz’ record, Page 359, Paragraph 4: - - “Afterwards, we were of the opinion that the Nazis were actually - afraid that the mass graves would be discovered by the advancing - Russians and that these monstrous mass killings would become - known to the civilized world. I believe that about 100,000 - corpses were exhumed from mass graves by the SD, serving with - the Sonderkommandos 1005-A and 1005-B. I believe that similar - Kommandos also were engaged on the same work, but I do not know - how many. If I had thought or known that I would ever be - compelled to carry out this dirty and degrading work I would - have emigrated somewhere.” - -I omit the last part; the record concludes with the text of the oath and -the signature of Gerhard Adametz. - -Before submitting to the Tribunal the other evidence of another crime of -the Hitlerites, I beg the Tribunal to allow me to make a few -introductory remarks. The murder of several million people was carried -out by the German fascist out of motives dictated by their -mankind-hating, cannibal theories of racism and of the “right of -masters” to exterminate peoples. All these murders were planned in cold -blood. All these crimes, unprecedented in scale, were carried out at -exact dates set for this purpose. Moreover, as I showed many times -before, a special technique was invented for the mass killings and for -the concealment of the traces of their crimes. - -But, besides this, there is another characteristic in the many crimes -committed by the German fascists which makes them even more detestable. -In many cases, the Germans, having killed their victims, did not stop -here, but made the corpses objects of jeers and mockery. Mockery of the -dead bodies of victims was common practice in all extermination camps. I -remind the Tribunal that the bones which had not been calcinated were -sold by the German fascists to the firm Strem. The hair of the murdered -women was cut off, packed in sacks, pressed and sent to Germany. - -Among the same crimes are those on which I shall now submit evidence. On -numerous occasions, I have already pointed out that the principal method -used to cover up the traces was to burn the corpses, but the same base, -rationalized SS technical minds which created gas chambers and murder -vans, began devising such methods of complete annihilation of human -bodies, which would not only conceal the traces of their crimes, but -also serve in the manufacturing of certain products. - -In the Danzig Anatomic Institute semi-industrial experiments in the -production of soap from human bodies and the tanning of human skin for -industrial purposes were carried out. I submit to the Tribunal, as -Exhibit Number USSR-197 (Document Number USSR-197), the testimony of one -of the direct participants in the production of soap from human fat. It -is the testimony of Sigmund Mazur, who was a laboratory assistant at the -Danzig Anatomic Institute. - -I omit two pages of the statement and turn to Page 363. I begin the -quotation—it is rather long, but I think I shall have the necessary -time for the presentation of the evidence, and I beg to draw the -attention of Your Honors to this quotation: - - “Q: ‘Tell us how the soap was made out of human fat at the - Danzig Anatomic Institute.’ - - “A: ‘In the courtyard of the Anatomic Institute a one-story - stone building of three rooms was built during the summer of - 1943. This building was erected for the utilization of human - bodies and for the boiling of bones. This was officially - announced by Professor Spanner. This laboratory was called a - laboratory for the fabrication of skeletons, the burning of meat - and unnecessary bones. But already during the winter of 1943-44 - Professor Spanner ordered us to collect human fat, and not to - throw it away. This order was given to Reichert and Borkmann. - - “‘In February 1944 Professor Spanner gave me the recipe for the - preparation of soap from human fat. According to this recipe 5 - kilos of human fat are mixed with 10 liters of water and 500 or - 1,000 grams of caustic soda. All this is boiled 2 or 3 hours and - then cooled. The soap floats to the surface while the water and - other sediment remain at the bottom. A bit of salt and soda is - added to this mixture. Then fresh water is added, and the - mixture again boiled 2 or 3 hours. After having cooled the soap - is poured into molds.’” - -I will present to the Tribunal these molds into which the soap was -poured. Further I shall prove that this half-finished sample of human -soap was really found in Danzig. - - “The soap had an unpleasant odor. In order to destroy this - disagreeable odor, Benzolaldehyd was added.” - -I omit the next part of the quotation, which explains from where they -received this preparation. This is of no importance at this stage, and I -continue the quotation on Page 364, Paragraph 4: - - “The fat of the human bodies was collected by Borkmann and - Reichert. I boiled the soap out of the bodies of women and men. - The process of boiling alone took several days—from 3 to 7. - During two manufacturing processes, in which I directly - participated, more than 25 kilograms of soap were produced. The - amount of human fat necessary for these two processes was 70 to - 80 kilograms collected from some 40 bodies. The finished soap - then went to Professor Spanner, who kept it personally. - - “The work for the production of soap from human bodies has, as - far as I know, also interested Hitler’s Government. The Anatomic - Institute was visited by the Minister of Education, Rust; the - Reichsgesundheitsführer, Doctor Conti; the Gauleiter of Danzig, - Albert Forster; as well as professors from other medical - institutes. - - “I used this human soap for my personal needs, for toilet and - for laundering. For myself I took 4 kilograms of this soap.” - -I omit one paragraph and continue the quotation. - - “Reichert, Borkmann, Von Bargen, and our chief professor, - Spanner, also personally used this soap.” - -I omit the following paragraphs and conclude the quotation on Page 365, -from where I shall read one paragraph which concerns the industrial -utilization of human skin: - - “In the same way as for human fat, Professor Spanner ordered us - to collect human skin, which after having been cleaned of fat - was treated by certain chemical products. The work on human skin - was carried out under the direction of the chief assistant, Von - Bargen and Professor Spanner himself. The ‘finished’ skin was - packed in boxes and used for special purposes which I don’t - know.” - -I now submit to the Tribunal as Exhibit Number USSR-196 (Document Number -USSR-196), the copy of the recipe for soap produced from the corpses of -the executed. I will not dwell on this recipe which is identical to that -which has already been described in Mazur’s testimony. But the proof of -the fact that this recipe is correct, Your Honors, can be found in -Mazur’s record, which has already been submitted to the Tribunal under -Document Number USSR-197. I will not quote this record. In order to -prove that the record of Mazur’s interrogation corresponds to reality, I -shall now submit to the Tribunal two documents which have been kindly -put at our disposal. They are records of sworn statements by two British -prisoners of war; in particular that of John Henry Witton, a soldier of -the Royal Sussex Regiment. The document is submitted to the Tribunal as -Exhibit Number USSR-264 (Document Number USSR-264). The members of the -Tribunal will find this quotation in Paragraph 5, Page 495, of the -document book. I quote a very short excerpt from this record, if the -necessary time is granted to me. This is Page 367. I quote: - - “The corpses arrived at an average of seven to eight per day. - All of them had been beheaded and were naked. They arrived - sometimes in a Red Cross wagon containing five to six corpses in - a wooden case and sometimes in a small truck which contained - three to four corpses.” - -I omit the next sentence. - - “The corpses were unloaded as quickly as possible and taken down - into the cellar, which was entered from a side door in the main - entrance hall of the Institute.” - -I omit the next sentence. - - “They were then put into large metal containers where they were - then left for approximately 4 months.” - -I omit the next three sentences and continue the quotation: - - “Owing to the preservative mixture in which they were stored, - this tissue came away from the bones very easily. The tissue was - then put into a boiler about the size of a small kitchen - table. . . . After boiling the liquid it was put into white - trays about twice the size of a sheet of foolscap and about 3 - centimeters deep.”—These were the basins which I have already - shown the Tribunal—“Approximately 3 to 4 trayfuls per day were - obtained from the machine.” - -This witness himself did not witness the application of the soap, but I -am submitting to the Tribunal as Exhibit Number USSR-272 (Document -Number USSR-272), the written testimony of a British citizen, William -Anderson Neely, a corporal of the Royal Signals. The members of the -Tribunal will find this excerpt on Page 498 of the document book, Volume -2. I begin the quotation: - - “The corpses arrived at an average rate of 2 to 3 per day. All - of them were naked and most of them had been beheaded.” - -I interrupt the quotation—I omit two paragraphs and continue the -quotation: - - “A machine for the manufacture of soap was completed some time - in March or April 1944. The British prisoners of war had - constructed the building in which it was housed in June 1942. - The machine itself was installed by a civilian firm from Danzig - by the name of AJRD. It consisted, as far as I remember, of an - electrically heated tank in which bones of the corpses were - mixed with some acid and melted down. - - “This process of melting down took about 24 hours. The fatty - portions of the corpses and particularly those of females were - put into a crude enamel tank, heated by a couple of bunsen - burners. Some acid was also used in this process. - - “I think it was caustic soda. When boiling had been completed, - the mixture was allowed to cool and then cut into blocks for - microscopic examination.” - -I continue the quotation from the following paragraph: - - “I cannot estimate the quantity produced, but I saw it used by - Danzigers in cleaning tables in the dissecting rooms. They all - told me it was excellent soap for this purpose.” - -I submit half-finished and some finished soap. (Exhibit USSR-393) Here -you shall see a small piece of finished soap, which from the exterior, -after lying about a few months, reminds you of ordinary household soap. -I give it over to the Tribunal. Beside this I now submit to the Tribunal -the samples of semi-tanned human skin (Exhibit USSR-394). The samples -which I now submit prove that the process of manufacturing soap was -already completely worked out by the Institute of Danzig; as to the skin -it still looks like a semi-finished product. The skin which resembles -most the leather used in manufacture is the one you see on top at the -left. So one can consider that the experiments on the industrial -fabrication of soap from human fats were quite completed in the Danzig -Institute. Experiments on tanning of human skin were still incomplete -and only the victorious advance of the Red Army put an end to this new -crime of the Nazis. - -Gentlemen, I have now to submit to you only one more piece of evidence, -which is the last among the proofs concerning war crimes against the -peaceful population presented by the U.S.S.R. Prosecution. Besides, -certain witnesses may arrive here from the Soviet Union who may testify -concerning the points which I have submitted. I will beg the permission -of the Tribunal to examine these witnesses after the presentation of -further evidence is finished. - -Before submitting my last proof, I beg the Tribunal to allow me to make -a few conclusive remarks. - -The lengthy list of crimes against the peaceful inhabitants of the -temporarily occupied areas of the U.S.S.R., Czechoslovakia, Poland, -Yugoslavia, and Greece cannot be exhausted even in the most detailed -statement. One can only point out a few very typical cases of cruelties, -of base and systematic methods adopted by the major criminals who had -conceived these crimes, as well as those who executed these crimes. -Those who are now in the dock have freed from “the chimera of so-called -conscience” hundreds of thousands and millions of criminals. They -educated these criminals and created for them an atmosphere of impunity -and drove their bloodthirsty hounds against peaceful citizens. They -mocked at human conscience and self-respect. But those who were poisoned -in murder vans and gas chambers, those who were torn to shreds, those -whose bodies were burned in the ovens of crematoria and whose ashes were -strewn to the winds, appeal to the conscience of the world. Now we -cannot yet name, or even number, many of the burial places where -millions of innocent people were vilely murdered. But on the damp walls -of the gas chambers, in the places of the shootings, in the forts of -death, on the stones and casemates of the prisons, we can still read -brief messages of the doomed, full of agony, calling for retribution. -Let the living ones remember these voices of the victims of German -fascist terror, who before dying appealed to the conscience of the world -for justice and for retribution. - -As a last proof I submit to the Tribunal the script and the sworn -affidavit of the persons who assembled and made this documentary film. I -beg the Tribunal to accept as evidence this documentary film (Document -Number USSR-81). I also beg the Tribunal to allow, if possible, a short -recess—about 10 minutes—for the technical preparation of the -demonstration of these documents. - - [_A recess was taken._] - -MR. COUNSELLOR SMIRNOV: Your Honor, may I have permission to present now -the documentary evidence? - -[_The documentary film entitled, “The Atrocities by the German Fascist -Invaders in the U.S.S.R.,” was then shown._] - -THE PRESIDENT: Colonel Smirnov, have you finished your address? - -MR. COUNSELLOR SMIRNOV: I have finished the presentation of my evidence, -Mr. President. - -THE PRESIDENT: Can you inform the Tribunal how much longer the Soviet -Delegation is likely to be? - -MR. COUNSELLOR SMIRNOV: I find it difficult to give you an answer to -this question. I will ask the Chief Prosecutor to do this. - -GEN. RUDENKO: Tomorrow we shall begin the presentation of evidence on -spoliation and pillage of communal and private property, and we think -that the speaker on this question will conclude the presentation of the -materials tomorrow. Then there will be presented to the Tribunal the -evidence as to destruction of cities, villages, monuments of national -culture and art. That will take approximately a day and a half. In other -words, I mean half of Thursday’s or Friday’s session, and a half of the -following day’s session, taking into account that on this question we -shall also have to present a documentary film. - -Then there will be presented evidence concerning deportation of slave -labor. This will take approximately 3 to 4 hours. The final presentation -deals with evidence of Crimes against Humanity. During the presentation -of the evidence in all the sections we shall call several witnesses, -with the permission of the Tribunal. I could not present to the Tribunal -today a list of the witnesses, because there are difficulties in -bringing them here to Nuremberg. This list will be formulated tomorrow -toward the end of the session. - -To sum up, I think that altogether the Soviet Prosecution will conclude -the presentation of evidence either Tuesday or Wednesday of next week. - -THE PRESIDENT: Thank you. We will adjourn now. - - [_The Tribunal adjourned until 20 February 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 Blue Series volumes I and II, this volume includes -French, German, Polish and Russian names and terms with diacriticals: -hence Führer, Göring, Kraków, and Ljoteč 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, French, and, most specifically with this -volume, Russian 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 presentation and layout. - -[The end of _Trial of the Major War Criminals Before the International -Military Tribunal Vol. VII_, 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 TRIAL--MAJOR WAR CRIMINALS, VOL VII *** - -***** This file should be named 55581-0.txt or 55581-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/5/5/8/55581/ - -Produced by Larry Harrison, Cindy Beyer and the online -Distributed Proofreaders team with images provided by The -Internet Archive-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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