[_A recess was taken._]
DR. OTTO NELTE (Counsel for the Defendant Keitel): The French Prosecutor
just now read from Document L-90, the so-called “Nacht und Nebel”
decree. He referred to this decree and cited the words:
“Effective and lasting intimidation can only be achieved by
capital punishment, or by measures which leave the relatives and
the population in the dark about the fate of the culprit.”
The French Prosecutor mentioned that these were the very words of
Keitel.
In connection with a previous case the President and the Tribunal have
pointed out that it is not permissible to quote only a part of a
document when by so doing a wrong impression might be created. The
French Prosecutor will agree with me when I say that Decree L-90 makes
it quite clear that these are not the words of the Chief of the OKW, but
of Hitler. In this short extract it says:
“It is the carefully considered will of the Führer that, when
attacks are made in occupied countries against the Reich or
against the occupying power, the culprits must be dealt with by
other measures than those decreed heretofore. The Führer is of
the opinion that if these offenses are punished with
imprisonment, or even with hard labor for life, this will be
looked upon as a sign of weakness. Effective and lasting
intimidation can only be achieved by capital punishment, _et
cetera_.”
The decree then goes on to say:
“The enclosed directives on how to deal with the offences comply
with the Führer’s point of view. They have been examined and
approved by him.”
I take the liberty to point out this fact, because it was just this
decree, which is known as the notorious “Nacht und Nebel” decree, which
in its formulation and execution was opposed by Keitel. That is why I am
protesting.
M. DUBOST: I owe you an explanation. I did not read the decree in full
because the Tribunal knows it. In accordance with the customary
procedure of this Tribunal, it has been read. It is not necessary to
read it again. Moreover, I knew that the accused Keitel had signed it,
but that Hitler had conceived it. Therefore, I made allusion to the
military honor of this general, who was not afraid to become the lackey
of Hitler.
THE PRESIDENT: The Tribunal understood from your mentioning of the fact
that the document had already been submitted to the Tribunal and does
not think that there was anything misleading in what you did.
M. DUBOST: If the Tribunal accepts this, we shall proceed to the hearing
of a witness, a Frenchman.
[_The witness, Lampe, took the stand._]
THE PRESIDENT: This is your witness, is it not? Is this the witness you
wish to call?