M. DUBOST: Let us turn to Page 19, the last paragraph, entitled:

“A. Civilians not subject to military service.

“It is obvious that these men could not be considered soldiers

according to French law. They can be classified, according to

age, into three groups:

“(a) Men under 21 not yet called to the colors. Example:

Flanquart, Alexandre, 18 years old, captured by the German

troops at Courrières, Pas-de-Calais, at the time of the arrival

of the latter in that region. His address in captivity was

Number 65/388, Stalag II-B.

“(b) Men between 21 and 48 who were not mobilized, who were

demobilized, or who were considered unfit for service.”

There follows a rather lengthy list which the Tribunal will perhaps

accept without my reading it. It consists merely of proper names. In the

middle of the page:

“(c) Men specially assigned to the army. I will classify them

into two groups:

“1. Men mobilized into special corps, which are military

formations established at the time of the mobilization by

different ministerial departments, according to the following

chart . . . .”

At the top of Page 21:

“2. Men specially assigned, who at mobilization were kept in the

positions which they held in time of peace in military services

or establishments. Example: Workmen in artillery depots.

“Civilians specially assigned. Contrary to those mentioned

above, the civilians who were specially assigned did not belong

to military formations and were not subject to military

authority. Nevertheless they were arrested. Example:”—I skip

several lines—“Moisset, Henri, specially assigned to the

Marret-Bonin factory.”—I skip a few more lines.

“Address in captivity: Number 102 Stalag II-A.”

Those people were not all freed, far from it. Some remained prisoners

until the end of the war.

We shall cite now a document submitted under Exhibit Number RF-362

(Document Number F-224), the text of which is in your document book, on

Page 15a. This text may be summarized in a few words. It is the story of

Dutch officers who were freed after the capitulation of the Dutch Army

and recaptured shortly afterwards and sent in captivity to Germany.

Paragraph 3 of this document:

“On 9 May 1942 a summons addressed to all regular officers of

the former Dutch Army who were on active service on 10 May 1940

was published in the Dutch newspapers, according to which they

were to present themselves on Friday, 15 May 1942, at the

Chassée Barracks in Breda . . . .”

Paragraph 5:

“More than one thousand regular officers reported to the Chassée

Barracks on 15 May 1942. The doors were closed after

them. . . .”

Paragraph 7:

“A German officer of high rank came into the barracks and

declared that the officers had not kept their word to undertake

no action against the Führer and, as a result of this, they were

to be kept in captivity. . . .”

The following paragraph states that “they were taken from the station at

Breda to Nuremberg, in Germany.”

Numerous obstacles were placed in the way of the release of French

prisoners of war who, for reasons of health, should have been sent back

to their families. I shall quote a document already submitted under

Exhibit Number RF-297 (Document Number F-417), Page 23 of your document

book; and I read, Paragraph 1:

“The question of releasing French generals, prisoners of war in

German hands, for reasons of health or age was taken up on

several occasions by the French authorities.”

This reproduction of the stencil is not quite clear. I continue with

Paragraph 2:

“So far as this question is concerned, the Führer has always

refused to consider either their release or allowing them to be

placed in hospitals in neutral countries.”

Paragraph 3:

“Today release or sending to hospitals is more out of the

question than ever. . . .”

And a written note reads: “No reply to be given to the French note.”

This note, in fact, was addressed by the Supreme Command of the German

Army to the German Armistice Commission, who had asked for instructions

as to whether or not they should reply to the request concerning the

release of French generals who were ill, a request made by the Vichy

Government.

Much more serious measures were undertaken against our prisoners of war

by the German authorities when, for reasons of a patriotic nature, some

of our prisoners gave the Germans to understand that they were not

willing to collaborate with Germany. The German authorities considered

them as incapable of being assimilated and dangerous; their courage and

their determination gave much concern to Germany, and the measures taken

against them amounted to nothing less than murder. We know of numerous

examples of murder of prisoners of war. The victims were mainly: 1) men

who had taken part in commando actions; 2) airmen; 3) escaped prisoners.

These murders were carried out by means of deportation and the

internment of these prisoners in concentration camps.

While interned in these camps, they were subjected to the regime about

which you know and which was bound to cause their death, or else they

were killed quite simply with a bullet in the back of the neck,

according to the KA method which has been described by our American

colleagues and on which I will not dwell. In other cases they were

lynched on the spot by the population, in accordance with direct orders,

or with the tacit consent of the German Government. In yet other cases,

they were handed over to the Gestapo and the SD, who, as you will see at

the end of my statement, during the last years of the occupation had the

right to carry out executions.

With the Tribunal’s permission, we shall study two cases of

extermination of combat troops captured after military operations: that

of commandos and that of airmen.

As the Tribunal knows, men who were commandos were almost always

volunteers. In any case, they were selected from among the most

courageous fighters and those who showed the greatest physical aptitude

for combat. We can consider them, therefore, as the elite and the order

to exterminate them as an attempt to annihilate the elite and spread

terror through the ranks of the Allied Armies. From a legal point of

view the execution of the commandos cannot be justified. The Germans

themselves, moreover, used commandos quite extensively; but whereas, in

the case of their own men being taken prisoners, they always insisted

that they be recognized as belligerents, they denied that right to our

men or to those of the Allied Armies.

The main order concerning this was signed by Hitler on 18 October 1942,

and it was extensively carried out. Moreover, this order was preceded by

other orders of the OKW, which show that the question had been carefully

studied by the General Staff before becoming the subject of a final

order by the head of the German Government.

Under Document Number 553-PS, the Tribunal will find, on Page 24 of the

document book, an order signed by Keitel which we submit as Exhibit

Number RF-363. This order prescribes that all isolated parachutists or

small groups of parachutists carrying out a mission shall be executed.

It is dated 4 August 1942.

THE PRESIDENT: Do not read it.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 291 / 333 题