M. DUBOST: Exactly.

THE PRESIDENT: Then I do not think you need to read that.

M. DUBOST: As you wish. Then it will not be necessary either to read in

entirety the warning of Seyss-Inquart concerning Holland.

I think that by referring to these exhibits in your document book, you

will be able to obtain items of evidence which will only confirm what I

read to you of Stülpnagel’s order.

For Norway and Denmark there is a teletyped letter from Keitel to the

Supreme Command of the Navy, dated 30 November 1944, which you will find

in the document book, as Document C-48 (Exhibit Number RF-280). I read

the end of Paragraph 1:

“Every ship-yard worker must know that any act of sabotage

occurring within his sphere of activity entails for him

personally or for his relatives, if he disappears, the most

serious consequences.”

Page 2 of Document Number 870-PS (Exhibit Number RF-281):

“4. I have just received a teletype from Field Marshal Keitel

requesting the publication of an order according to which the

personnel or, if need be, their near relatives (liability of

next of kin) will be held collectively responsible for the acts

of sabotage occurring in their factories.”

And Terboven, who wrote this sentence, added (and it is he who condemns

Marshal Keitel):

“This request only makes sense and will only be successful if I

am actually allowed to have executions carried out by shooting.”

All these documents will be submitted.

THE PRESIDENT: M. Dubost, do I understand that in Belgium, Holland, in

Norway, and in Denmark, there were similar orders or decrees with

reference to hostages?

M. DUBOST: Yes, Your Honor, I mean to read those concerning Belgium,

Holland, and Norway. For Belgium, for instance, you will find at Page 6,

Document Number F-683, which is the official document of the Belgian

Ministry of Justice:

“Brussels, 29 November 1945, 1, rue de Turin. Decree of

Falkenhausen of 19 September 1941.

“In the future, the population must expect that if attacks are

made on members of the German Army or the German Police and the

culprits cannot be arrested, a number of hostages proportionate

to the gravity of the offense, five at a minimum, will be shot

if the attack causes death. All political prisoners in Belgium

are, with immediate effect, to be considered as hostages.”

THE PRESIDENT: M. Dubost, I did not want you to read these documents if

they are substantially in the same form as the document you have already

read.

M. DUBOST: They are more or less in the same form, Your Honor. I shall

submit them because they constitute the proof of the systematic

repetition of the same methods to obtain the same results, that is, to

cause terror to reign in all the occupied countries of the West. But, if

the Tribunal considers it constant and established that these methods

were systematically used in all the western regions, naturally I shall

spare you the reading of documents which are monotonous and which repeat

in substance what was said in the document relating to France.

THE PRESIDENT: Perhaps you had better give us references to the

documents which concern Belgium, Holland, Norway, and Denmark.

M. DUBOST: Yes, Your Honor, for Belgium, Document F-683, Page 6, decree

of Falkenhausen of 19 September 1941, submitted as Exhibit Number

RF-275, as constituting the official report of the Kingdom of Belgium

against the principal war criminals.

The second document is C-46, corresponding to UK-42 (24 November 1942),

submitted as Exhibit Number RF-276.

For Holland, a warning by Seyss-Inquart, Document Number F-224, which

you may feel it necessary for me to read, since Seyss-Inquart is one of

the defendants. I submit this document under Exhibit Number RF-279, and

I quote:

“For the destruction or the damaging of railway installations,

telephone cables, and post offices I shall make responsible all

the inhabitants of the community on whose territory the act is

committed.

“The population of these communities must expect that reprisals

will be taken against private property and that houses or whole

blocks will be destroyed.”

THE PRESIDENT: I am afraid I don’t know where you are reading. Which

paragraph are you reading?

M. DUBOST: I am told, Mr. President, that this document has not been

bound with the Dutch report; I shall file it at the end of the hearing,

if I may.

THE PRESIDENT: Very well.

M. DUBOST: I quote now another document, the warning of Seyss-Inquart to

Holland.

THE PRESIDENT: And that is what number?

M. DUBOST: Number 152 in your document book, concerning German justice,

which will be submitted at the hearing tomorrow.

For Norway and Denmark we have several documents which establish that

the same policy of execution of hostages was followed. We have, in

particular, Document C-48 (Exhibit Number RF-280) from which I read a

short time ago.

All those special orders for each of the occupied regions of the West

are the result of the general order of Keitel, which my American

colleagues have already read and on which I merely gave a comment this

morning. The responsibility of Keitel in the development of the policy

of execution of hostages is total. He was given warning; German generals

even told him that this policy went beyond the aim pursued and might

become dangerous.

On 16 September 1942, General Falkenhausen addressed a letter to him,

from which I extract the following passage—it is Document Number

1594-PS, which I submit as Exhibit Number RF-283:

“Enclosed is a list of the shootings of hostages which have

taken place until now in my area and the incidents on account of

which these shootings took place.

“In a great number of cases, particularly in the most serious,

the perpetrators were later apprehended and sentenced.

“This result is undoubtedly very unsatisfactory. The effect is

not so much deterrent as destructive of the feeling of the

population for right and security; the cleft between the people

influenced by communism and the remainder of the population is

being bridged; all circles are becoming filled with a feeling of

hatred toward the occupying forces and effective inciting

material is given to enemy propaganda. Thereby military danger

and general political reaction of an entirely unwanted

nature. . . .”—Signed—“Von Falkenhausen.”

I shall now present Document Number 1587-PS from the same German general

and he seems to be lucid:

“In addition I wish once more to point out the following:

“In several cases the authors of aggression or acts of sabotage

were discovered when the hostages had already been shot, shortly

after the criminal acts had been committed, according to the

instructions received. Moreover, the real culprits often did not

belong to the same circles as the executed hostages. Undoubtedly

in such cases the execution of hostages does not inspire terror

in the population but indifference to repressive measures and

even resentment on the part of some sections of the population

who until then had displayed a passive attitude. The result for

the occupying power is therefore negative as planned and

intended by the English agents, who were often the instigators

of these acts. It will therefore be necessary to prolong the

delay in cases where the arrest of the culprits may yet be

expected. I therefore request that you leave to me the

responsibility for fixing such delays, in order that the

greatest possible success in the fight against terrorist acts

may be obtained.”

THE PRESIDENT: Is it known what the date of that document was?

M. DUBOST: It is after the 16th of September 1941. We do not have the

exact date. The document is appended to another document, the date of

which is illegible; but it is after Keitel’s order since it gives an

account of the executions of hostages, carried out in compliance with

that order. It points out that after the execution of the hostages the

culprits were found; that the effect was deplorable and aroused the

resentment of some of the population.

You will find also in this Document Number 1587-PS—but this time an

extract from the monthly report of the Commander of the Wehrmacht in the

Netherlands—the report for the month of August 1942, a new warning to

Keitel:

“B. Special events and the political situation:

“On the occasion of an attempt against a train of soldiers on

furlough due to arrive in Rotterdam, a Dutch railway guard was

seriously wounded by touching a wire connected with an explosive

charge, thus causing an explosion. The following repressive

measures were announced in the Dutch press:

“The deadline for the arrest of the perpetrators, with

collaboration of the population, is fixed at 14 August,

midnight. A reward of 100,000 florins will be made for a

denunciation, which will be treated confidentially. If the

culprits are not arrested within the time appointed, arrests of

hostages are threatened; railway lines will be guarded by

Dutchmen.

“Since, despite this summons, the perpetrator did not report and

was not otherwise discovered, the following hostages, among whom

some had already been in custody for several weeks as hostages,

were shot on the order of the Higher SS and Police Führer.”

I will pass over the enumeration of the names. I omit the next

paragraph.

THE PRESIDENT: Could you read the names and the titles?

M. DUBOST: “Ruys, Willem, Director General, Rotterdam; Count E.O.G. Van

Limburg-Stirum, Arnhem; M. Baelde, Robert, Doctor of Law, Rotterdam;

Bennenkers, Christoffel, former Inspector General of the Police at

Rotterdam; Baron Alexander Schimmelpennink Van der Oye, Noordgouwe

(Seeland).” One paragraph further on:

“Public opinion was particularly affected by the execution of

these hostages. Reports at hand express the opinion that, from

the beginning of the occupation, no stroke inflicted by the

Germans was more deeply felt. Many anonymous letters, and even

some signed ones, sent to the Commander of the Wehrmacht, who

was considered as responsible for this ‘unheard of event,’ show

the varied reactions of the mass of the Dutch people. From the

bitterest insults to apparently pious petitions and prayers not

to resort to extremes, no nuance was lacking which did not in

one way or another indicate, to say the least, complete

disapproval and misunderstanding, first of the threat, and

secondly of the actual execution of the hostages. Reproaches for

this most severe infraction of law (which were based on serious

argument and often gave rise to thought), and also cries of

despair from idealists who, in spite of all that had occurred in

the political sphere, had still believed in German-Dutch

understanding but now saw all was at an end—all this was found

in the correspondence. In addition, the objection was raised

that such methods were only doing the work of the Communists,

who as the real instigators of active sabotage must be very glad

to couple with their achievements the pleasure of the

elimination of ‘such hostages.’

“In short, such disapproval even in the ranks of the very few

really pro-German Dutch had never before been noticed, so much

hatred at one time had never been felt.”—signed—“Schneider,

Captain.”

Despite these warnings proffered by conscientious subordinates, neither

the General Staff nor Keitel ever gave any order to the contrary. The

order of 16 September 1941 always remained in force. When I have shown

you examples of executions of hostages in France, you will see that a

number of facts which I shall utilize are dated 1942, 1943 and even

1944.

THE PRESIDENT: Perhaps we had better adjourn now.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

MARSHAL: If Your Honor please, the Defendants Kaltenbrunner and

Streicher will continue to be absent during this afternoon’s session.

THE PRESIDENT: Mr. Dubost, the Tribunal had some difficulty this morning

in following the documents that you were citing; and also, the Tribunal

understands the interpreters had some difficulty because the document

books, except the one that is before me, have no indications of the “PS”

or other numbers; and the documents themselves are not numbered in

order. Therefore it is extremely difficult for members of the Tribunal

to find documents, and it is also extremely difficult for the

interpreters to find any document which may be before them.

So, this afternoon, it will be appreciated if you will be so kind as to

indicate what the document is, and then give both the interpreters and

the Tribunal enough time in which they may find the document, and then

indicate exactly which part of the document you are going to read, that

is to say, whether it is the beginning of the document, or the first

paragraph, or the second, and so on. But you must bear with us if we

find some difficulty in following you in the documents.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 26 / 333 题