M. DUBOST: I have no further questions, Your Honor.

THE PRESIDENT: Then the witness can retire.

[_The witness left the stand._]

M. DUBOST: These two days of testimony will obviate my reading the

documents any further, since it seems established in the eyes of the

Tribunal, that the excesses, ill-treatment, and crimes which our

witnesses have described to you, occurred repeatedly and were identical

in all the camps; and therefore are evidence of a higher will

originating in the government itself, a systematic will of extermination

and terror under which all occupied Europe had to suffer.

Therefore I shall submit to you only, without reading them, the

documents we have collected, and confine myself to a brief analysis

whenever they might give you. . .

THE PRESIDENT: M. Dubost, you understand, of course, that the Tribunal

is satisfied with the evidence which it has heard up to date; but, of

course, it is expecting to hear evidence, or possibly may hear evidence,

from the defendants; and it naturally will suspend its judgment until it

has heard that evidence and, as I pointed out to you yesterday, I think,

under Article 24e of the Charter, you will have the opportunity of

applying to the Tribunal, if you think it right to call rebuttal

evidence in answer to any evidence which the defendants may call. All I

mean to indicate to you now is that the Tribunal is not making up its

mind at the present moment. It will wait until it has heard the evidence

for the Defense.

M. DUBOST: I understand you, Mr. President, but I think that the

evidence we submitted in the form of testimony during these 2 days

constitutes an essential part of our accusation. It will allow us to

shorten the presentation of our documents, of which we shall simply

submit an analysis or very brief extracts.

We had stopped at the description of the transports and under what

conditions they were made, when we started calling our witnesses.

In order to establish who, among the defendants, are those particularly

responsible for these transports, I present Document UK-56, signed by

Jodl and ordering the deportation of Jews from Denmark. It appears in

the first book of documents as Exhibit Number RF-335.

I will now continue presenting a question which was interrupted on

Friday, when the session was suspended at 1700 hours. This Document

Number UK-56 is a telegram transmitted en clair marked “Top Secret.” It

is the 8th in the first book. Its second paragraph reads as follows:

“The deportation of Jews is to be carried out by the

Reichsführer SS, who is to detail two police battalions to

Denmark for this purpose.

“Signed: Jodl.”

Here we have the carrying out of a political act by a military

organization or at least by a leader belonging to a military

organization—the German General Staff. This charge therefore affects

both Jodl and the German General Staff.

We submitted under Exhibit Number RF-324 (Document Number F-224), during

the Friday afternoon session, an extract from the report of the Dutch

Government. The Tribunal will find in this report a passage concerning

the transport of Dutch Jews detained in Westerbork—which I quote,

Paragraph 2:

“All Jewish Netherlanders, whom the Germans could lay their

hands on . . . were brought together here. . . . “—Paragraph

3—“Gradually all those interned in Westerbork were deported to

Poland.”

Is it necessary to recall the consequences of these transports, carried

out in the conditions described to you, when witnesses have come to tell

you that each time the cars were opened numerous corpses had first to be

taken out before a few survivors could be found?

The French Document Number F-115 (Exhibit Number RF-336), is the report

of Professor Richet. In it Professor Richet repeats what our witnesses

have said, that there were 75 to 120 deportees in each car. In every

transport men died. The fact is known that on arriving in Buchenwald

from Compiègne, after an average journey of 60 hours, at least 25

percent of the men had succumbed. This testimony corroborates those of

Blaha, Madame Vaillant-Couturier and Professor Dupont.

Blaha’s testimony appears in your document book under the Number

3249-PS. It is the second statement of Blaha. We have heard Blaha. I do

not think it necessary to read what he has already stated to us.

Especially infamous is the transport to Dachau, during the months of

August and September 1944, when numerous trains which had left France,

generally from the camps in Brittany, arrived at this camp with four to

five hundred dead out of about two thousand men in a train. The first

page of Document Number F-140 states—and I quote so as not to have to

return to it again—in the fourth paragraph which deals with Auschwitz:

“About seven million persons died in this camp.” It repeats the

conditions under which the transports were made and which Madame

Vaillant-Couturier has described to you. On the train of 2 July 1944,

which left from Compiègne, men went mad and fought with each other and

more than six hundred of them died between Compiègne and Dachau. It is

with this convoy that Document Number F-83 deals, which we submit as

Exhibit Number RF-337, and which indicates in the minutes of Dr.

Bouvier, Rheims, 20 February 1945—that these prisoners by the time they

reached Rheims were already half-dead of thirst: “Eight dying men were

taken out already at Rheims; one of them was a priest.” This convoy was

to go to Dachau. A few kilometers past Compiègne there were already

numerous dead in every car.

Document F-32, Exhibit Number RF-331, Page 21, contains many other

examples of the atrocious conditions under which our compatriots were

transported from France to Germany:

“At the station at Bremen water was refused us by the German Red

Cross.

“We were dying of thirst. At Breslau the prisoners again begged

German Red Cross nurses to give us a little water. They took no

notice of our appeals. . . .”

To prevent escape, in disregard of the most natural and elementary

feelings of modesty, the deportees were forced in many convoys to strip

themselves of all their clothes, and they travelled like that for many

hours, entirely naked, from France to Germany. A testimony to this

effect is given by our official document already submitted under

Document Number RF-301:

“One of the means used to prevent escapes, or as reprisal for

them, was to unclothe the prisoners completely.”—And the author

of the report adds—“This reprisal was also aimed at the moral

degradation of the individual.”

The most restrained testimonies report that this crowding together of

naked men barely having room to breathe, was a horrible sight. When

escapes occurred in spite of the precautions, hostages were taken from

the cars and shot. Testimony to this effect is provided by the same

document—five deportees were executed:

“That was how, near Montmorency, five deportees from the train

of 15 August 1944 were buried, and five others of the same train

were killed by pistol shots by German police and officers of the

Wehrmacht at Domprémy (Marne).”

Added to this quotation is that of another official document, which we

have already submitted under F-321, Exhibit Number 331:

“Several young men were rapidly chosen. The moment they reached

the trench the policemen each seized a prisoner, pushed him

against the side of the trench, and fired a pistol into the nape

of his neck.”

The same thing prevailed in deportations from Denmark. The Danish Jews

were particularly affected. A certain number, warned in time, had been

able to escape to Sweden with the help of Danish patriots.

Unfortunately, eight to nine thousand persons were arrested by the

Germans and deported. It is estimated that 475 of them were transported

by boat and truck under inhuman conditions to Bohemia and Moravia to

Theresienstadt. This is stated in the Danish document submitted under

Document Number F-666, Exhibit Number RF-338.

In connection with this country it is necessary to inform the Tribunal

of the deportation of the frontier guards:

“At most places, however, the policemen were dismissed as soon

as they had been disarmed. Only in Copenhagen and in the large

provincial towns were they retained, and partly by ship and

partly by goods vans, taken southwards to Germany.

“The policemen were taken via Neuengamme to the concentration

camp at Buchenwald. They were quartered there under

indescribably insanitary conditions; a very large proportion of

them were taken ill; about one hundred policemen and frontier

guardsmen died and several still bear traces of the sojourn.”

When these deportations had been carried out, all the citizens of the

subjugated countries of the west of Europe found themselves in the

company of their comrades of misfortune of the east, in the

concentration camps of Germany. These camps were merely a means of

realizing the policy of extermination which Germany had pursued ever

since the National Socialists seized power. This policy of extermination

would lead, according to Hitler, to installing 250 million Germans in

Europe in the territories adjoining Germany, which constituted her vital

space.

The police, the German Army, no longer dared to shoot their hostages,

but neither of the two had any mercy on them. More and more, were

transported in ever increasing numbers from 1943 to German concentration

camps, where all means were used to annihilate them—from exhausting

labor to the gas chambers.

Censuses taken at various times in France enable us to ascertain that

there were more than 250,000 French deportees, of which only 35,000

returned. Document Number F-497, submitted as Exhibit Number RF-339,

indicates that out of 600,000 arrests which the Germans made in France,

350,000 were carried out with a view to internment in France or in

Germany:

“Total number deported, 250,000; number of deportees returned,

35,000.”

On the following page are a few names of deported French personages.

“Prefects: M. Bussières, M. Bonnefoy, disappeared in the _Cap

Arcona_, Generals: de Lestraing, executed at Dachau; Job,

executed at Auschwitz; Frère, died at Struthof; Bardi de Fourtou

died at Neuengamme; Colonel Roger Masse died at Auschwitz.

“High officials: Marquis of Moustier, died at Neuengamme;

Bouloche, Inspector General of Roads and Bridges died at

Buchenwald; his wife died at Ravensbrück, one of his sons died

during deportation, his other son alone returned from

Flossenbürg; Jean Devèze, engineer of roads and bridges,

disappeared at Nordhausen; Pierre Block, engineer of roads and

bridges, died at Auschwitz; Mme. Getting, founder of the social

service in France, disappeared at Auschwitz.

“Among university professors, names well-known in France, such

as: Henri Maspéro, Professor at the College de France, died at

Buchenwald; Georges Bruhat, Director of the École Normale

Supérieure, died at Oranienburg; Professor Vieille died at

Buchenwald. . . .”

It is impossible to name each of the intellectuals exterminated by

German fury. Among the doctors we must, however, mention the

disappearance of the Director of the Rothschild Hospital and of

Professor Florence, both murdered, one at Auschwitz, the other at

Neuengamme.

As to Holland: 110,000 Dutch citizens of the Jewish faith were arrested,

only 5,000 returned; 16,000 patriots were arrested, only 6,000 returned.

Out of a total of 126,000 deportees, 11,000 were repatriated after the

liberation.

In Belgium, there were 197,150 deportees, not including prisoners of

war; including prisoners of war, 250,000.

In Luxembourg, 7,000 deportees—more than 700 were Jews. There were

4,000 Luxembourgers; out of these, 500 died.

In Denmark (Exhibit Number RF-338, Document Number F-666 already

submitted) 6,104 Danes were interned; 583 died.

There were camps within and outside Germany. Most of the latter were

used only for the sorting of prisoners, and I have already spoken about

them. However, some of them functioned like those in Germany and among

them, that of Westerbork in Holland must be mentioned. This camp is

dealt with in Document Number F-224, already submitted under Exhibit

Number RF-324, which, is the official report of the Dutch Government.

The camp of Amersfoort, also in Holland, is the subject of Document

Number F-677, which will be submitted as Exhibit Number RF-344.

What we already know through direct testimony of the regime of the Nazi

internment camps makes it unnecessary for me to read the whole report,

which is rather voluminous, and which does not bring any noticeably new

facts on the regime of these camps.

There is also the camp of Vught in Holland. Then in Norway the camps of

Grini, of Falstad, of Vlven; that of Espeland, and that of Sydspissen,

which are described in a document provided by the Norwegian

Government—Document Number F-240, Exhibit Number RF-292, which we have

already submitted. The Tribunal will excuse me for not reading this

document, which does not give us any information that we have not heard

before from the witnesses.

The camps inside Germany, like all those outside Germany which were not

transit camps only, should be divided into three categories—which is in

accordance with German instructions themselves which fell into our

hands. You will find these instructions in your second document book,

Page 11. The pages follow in regular order. It is Document Number

1063-PS, USA-492. We read:

“The Reichsführer SS and Chief of the German Police has given

his approval for the classification of the concentration camps

into various categories which take into account the prisoner’s

character and the degree of danger which he represents to the

State. Accordingly, the concentration camps will be classified

in the following categories:

“Category 1: For all prisoners accused of minor

delinquencies. . . .

“Category 1a: For aged prisoners and those able to work under

only certain conditions.

“Category 2: For prisoners with more serious charges, but still

capable of re-education and improvement.

“Category 3: For major offenders charged with particularly

serious crimes. . . .”

On 2 January 1941, the date of this document, the German administration,

in dividing the camps into three categories, made an enumeration of the

principal German camps throughout Germany in each category. It seems

unnecessary to me to revert to the geographical location of these camps

within Germany, since my American colleagues, with the help of

geographical maps, have already dealt fully with this question.

The organization and functioning of these camps had a double purpose:

The first, according to Document Number F-285, was to make good the

labor shortage, and obtain a maximum output at a minimum cost. This

document is submitted as Exhibit Number RF-346. I shall not read it _in

extenso_, but from Page 14 of your second document book, I shall read

the first paragraph:

“For important military reasons . . .”—this is dated 17

December 1942 and coincides with the difficulties encountered in

the course of the Russian campaign—“. . . because of great

difficulties of a military nature, which cannot be stated, the

Reichsführer SS and Chief of the German Police ordered on 14

December 1942 that, by end of January 1943 at the latest, at

least 35,000 internees, fit for work, shall be sent to

concentration camps.

“To obtain this number the following is ordered:

“As from this date and to 1 February 1943, all Eastern or

foreign workers who escaped or broke their contracts, and who do

not belong to allied, friendly or neutral states, shall be sent

back to concentration camps, by the quickest means possible.”

Arbitrary internments with a view to procuring, at the least possible

cost, the maximum output from labor which had already been deported to

Germany but which had to be paid since it was under labor contracts.

The organization of these camps was further intended to exterminate all

unproductive forces which could no longer be exploited by German

industry, and which in general might hinder Nazi expansion. Evidence for

this is furnished by Document Number R-91, Pages 20 and 21 of the second

document book, submitted as Exhibit Number RF-347, which is a telegram

from the Chief of Staff of the Reichsführer SS, received at 2:10 o’clock

on 16 December 1942 from Berlin.

“In connection with the increased allocation of labor to

concentration camps, ordered to be completed by 30 January 1943,

the following procedure may be applied regarding the Jews:

“1) Total number: 45,000 Jews.

“2) Start of transportation: 11 January 1943. End of

transportation: 31 January 1943. . . .

“3)“—The most important part of the document—“The figure of

45,000 Jews is to consist of 30,000 Jews from the district of

Bialystok; 10,000 Jews from the ghetto of Theresienstadt, 5,000

of which are capable of work and until now have been used for

light tasks in the ghetto; and 5,000 Jews generally unfit for

work, including those over 60 years of age. In order to use this

opportunity for reducing the number of inmates now amounting to

48,000 which is too high for the ghetto, I ask that special

powers be given to me. . . .”

At the very end of this paragraph:

“The number of 45,000 includes _those unfit for

work_”—underlined (italics)—“(old Jews and children included).

By applying suitable methods, the screening of newly-arrived

Jews in Auschwitz should yield at least _10,000 to 15,000 people

fit for work_.”

This is underlined in the text.

And here is an official document which corroborates the testimony of

Mme. Vaillant-Couturier, among various other testimonies on the same

question, as to how the systematic selections were made from each convoy

arriving at Auschwitz, not by the will of the chief of the camp of

Auschwitz, but the result of higher orders coming from the German

Government itself.

If it please the Tribunal, my report will cease here this evening, and

will be continued tomorrow, dealing with the utilization of this

manpower, which I shall endeavor to treat as quickly as possible in the

light of the testimonies we have already had.

[_The Tribunal adjourned until 30 January 1946 at 1000 hours._]

FORTY-SIXTH DAY

Wednesday, 30 January 1946

_Morning Session_

MARSHAL: May it please the Court, I desire to announce that Defendants

Kaltenbrunner and Seyss-Inquart will be absent from this morning’s

session on account of illness.

THE PRESIDENT: Dr. Babel, I understand that you do not wish to

cross-examine that French witness.

HERR BABEL: That is correct.

THE PRESIDENT: Then the French witness can go home.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 278 / 333 题