M. DUBOST: It is all submitted in one file.

Now I wish to read to the Tribunal extracts from two letters addressed

to the German Armistice Commission at Wiesbaden by the ex-Ambassador

Scapini, both dated 4 April 1941. The Tribunal will find them reproduced

in the document book before them, Pages 16, 17, 18, 19, 20, 21, and 22:

“4 April 1941.

“M. Georges Scapini, Ambassador of France.

“To his Excellency Monsieur Abetz, German Ambassador in Paris.

“Subject: Men captured after ‘the coming into force of the

Armistice Convention and treated as prisoners of war. . . .’”

At the bottom of the page:

“I. The Geneva Convention applies only during a state of war as

far as captures are concerned. Armistice, however, suspends war

operations; therefore, any man captured after the Armistice

Convention came into force and treated as a prisoner of war, is

wrongfully retained in captivity. . . .”

Page 17, third paragraph:

“The Armistice Convention, in its second paragraph, states only

that the French Armed Forces stationed in regions to be occupied

by Germany are to be brought back quickly into unoccupied

territory and demobilized, but does not say that they are to be

taken into captivity, which would be contrary to the Geneva

Convention. . . .”

Fifth paragraph of the same page:

“1. Civilians. If it is admitted that civilians captured before

the armistice cannot be treated as prisoners of war, as

discussed in my previous letter, surely there is all the more

reason not to consider as such those captured after the

armistice. I note in this respect that captures, some of which

were collective, were carried out several months after the end

of hostilities. . . .”

Then on Page 18, the top of the page:

“To the categories of civilians defined in my first letter, I

wish to add one more—that of demobilized civilians who were

going back to their homes in the occupied zone after the

armistice and who, more often than not, were captured on their

way home and sent into captivity as a result of the initiative

of local military authorities.

“2. Soldiers. As such I would define, by convention, men who,

though freed after the armistice, could not for some reason—due

to the difficult circumstances of that period—be provided with

the regular demobilization papers. Many of them were captured

and taken into captivity under the same condition as those

mentioned above. . . .”

I think the Tribunal will not require the reading of that example, but

if the President wishes, I shall read it.

THE PRESIDENT: No.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 290 / 333 题