M. DUBOST: I am at the orders of the Tribunal.

[_The Tribunal adjourned until 1 February 1946 at 1000 hours._]

FORTY-EIGHTH DAY

Friday, 1 February 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.

M. DUBOST: I have now completed my presentation of facts. This

presentation has consisted of a dry enumeration of crimes, atrocities,

extortions of all sorts, which I deliberately presented to you without

any embellishments of oratory. The facts have a profound eloquence which

suffices. These facts are, it seems to me, definitely established. I do

not believe that the Defense, nor history—even German history—will be

able to set aside their essential aspects. They will no doubt be exposed

to criticism.

Our evidence was hastily collected in a ruined country whose every means

of communication had been destroyed by an enemy in flight, in a country

where each individual was more concerned with preparation for the future

than with looking back upon the past, even to exact vengeance, for the

future is the life of our children, and the past is but death and

destruction.

For the whole of France, for each country in the West, the demands of

daily life, the difficulty of preparing for a better future once again

give full meaning to the words of the Scriptures, _Sinite mortuos

sepelire mortuos_ (Let the dead bury their dead.); and that is why in

spite of all our efforts, all our endeavors, to prepare the work of

justice which France and universal conscience demand, we were not able

to be more thorough. That is why errors of detail may have slipped into

our work, but the rectifications which time and the Defense will effect

can be only accessory. They will not eliminate the fact that millions of

men have been deported, starved, exhausted through labor and privation

before being put to death, like cattle without value; that innumerable

innocent persons have been tortured before being turned over to the

executioner. Rectifications may affect circumstances of time, sometimes

of place; they will not change the essential facts even if a few details

are modified.

But these facts, having been established in their general aspect, it

remains for us to complete our task by giving them juridical

significance, by analyzing them with reference to the law of which they

constitute a violation, and by making clear the inculpations, in other

words, by fixing the responsibilities, of each defendant in respect to a

law.

What law shall we apply? Taken one by one and separated from the

systematic policy which conceived, willed, and ordered them as a means

of achieving domination through terror and beyond that as a means of

extermination pure and simple; these facts constitute crimes against

common law as much as violations of the laws and usages of war and of

international law. All of them could therefore be defined separately as

a violation of an international convention and of a penal provision of

one or another of our established domestic laws. Or rather all could be

qualified as a violation of a rule of common law which has emerged from

each of our own domestic laws, as shown by M. De Menthon in his address;

of that common law which, in the last analysis, was designated by him as

being the foundation, as the root of international customs, which,

beyond the Charter itself, is and remains the one and only guide of your

decisions.

But it is right to know that this common law springs from our

established laws and, like them, punishes in principle actual misdeeds.

Now, all of our defendants remained physically divorced from each of the

criminal facts which in the ubiquity of their power they multiplied

throughout the world. It was their will which commanded; but, as Mr.

Justice Jackson recalled, they never reddened their own hands with the

blood of their victims. Therefore, if we refer exclusively to our

established laws and especially to French domestic law, the defendants

could not, in any case, be considered as principal authors but merely as

accomplices “who have provoked the act through abuse of authority or of

power.” All of that is indeed a contradiction to the conception which

each person in our countries holds of the guilt of the major war

criminals. To solve the problem thus would be to narrow singularly the

field of responsibility of each of the defendants. This responsibility

would appear merely accessory, where, in fact, it is the principal

responsibility; it would appear fragmentary, whereas to be truly fixed

it must be presented as one single time, in the whole of their thoughts,

intentions, and acts as chiefs of the Nazi government who conceived,

willed, ordered, or tolerated the development of that systematic policy

of terror and extermination, of which each fact taken separately is but

a particular aspect, merely a constituent element. Thus a simple

reference to common law does not bring us close enough to reality. If it

does not omit, as such, any of the facts to which guilt attaches, it

does leave aside the psychological factor and does not give us a

complete conception of the guilt of the accused in a single formula

embracing all the reality. That is because common law expresses a

certain status of common morality which is accepted by civilized nations

as law for the mutual relations of citizens. Profoundly imbued with the

concept of individualism, this common law is not adequate to meet the

exigencies of collective life which international morality must govern.

Furthermore, this common law which is the foundation of our tradition

has become static in a Cartesian sense, whereas our custom remains

enriched by all the dynamism of international penal law. The Charter has

not fixed the manner in which we are to qualify in a juridical sense the

facts which I have presented before you. In creating your Tribunal, the

authors of the Charter limited themselves to establishing the limits of

your jurisdiction: War Crimes, Crimes against Humanity, Crimes against

Peace; and even then they did not give an exhaustive definition of each

of these crimes. The Tribunal may refer on this point to Article 6,

paragraphs b and c of the Charter of the Tribunal. This article gives

only an indicative enumeration. That is because the authors of the

Charter bore in mind that international penal law is only still in the

first phase of the birth of a custom in which law is developed by

reaction to the deed and where the judge intervenes only to save the

criminals from individual vengeance or where law is applied by the judge

alone and the penalty pronounced according to his sole judgment. Thus,

the authors of the Charter abstained from giving us a fixed method of

qualification by reference to common law or on the contrary, to custom.

They did not say to you:

“You will take one by one the criminal facts submitted to you,

and each fact taken separately shall be isolated from the others

to be defined by reference to a stipulation of any one domestic

law or to a synthesis of domestic laws, yielding thus a common

law.”

Nor did they say to you:

“You will take these scattered criminal facts, you will group

them together to make of them one single crime of which the

definition, respecting in a general sense the rules of common

law, will be essentially determined by the sole intention or

purpose sought, without attempting to seek by analogy any

precedents in the different domestic laws which apply only,

moreover, to an entirely different subject.”

The authors of the Charter have left you free, entirely free, within the

limits of custom; and consequently we, ourselves, within the same

limitations are free to propose to you such qualification which appears

to us most practical, which appears to us to come closest to the

changing reality of facts in their relation to the general principles of

law and the broad rules of morality which may seem to us to be such as

to meet best the demands of human conscience expressed by international

public opinion duly enlightened on Hitlerian atrocities, which will, in

fact, remain within the limits of international penal custom. This

custom is indeed still in a formulative stage; but although this Trial

is without precedent, the problems that are being examined in this Court

have arisen before; and the jurists who preceded us have already given

them solutions. These solutions constitute precedents; and, as such,

they constitute the first elements of your custom. In their memorandum

to the Commission to the Responsibility of the Authors of the War and on

Sanctions at the Peace Conference of 1919-1920 the French jurists, M.

Larnaude and M. De Lapradelle wrote:

“Criminal law could not foresee that through a singular defiance

of the essential laws of humanity, of civilization, of honor, an

army, by virtue of the instructions of its sovereign, could

systematically lend itself to perform deeds through the

perpetration of acts such as the enemy has not shrunk from

performing in order to achieve success and victory. Therefore,

domestic criminal law has never before been able to make

provisions which would permit the repression of such acts. And

still one must, in the interpretation of every law, cling to the

intention of the law maker. . . . If, in certain cases

considered particularly propitious, one might succeed in

apprehending individuals bearing responsibility of whom the

Emperor could be considered an accomplice one would only

succeed, and not without difficulty, in narrowing the field of

his responsibility by limiting it to a few precise cases. . . .

It is a very restricted approach to the problem of William II to

diminish it and reduce it to the proportions of a criminal or a

court-martial case. . . . The high justice which an anxious

world awaits would not be satisfied if the German Emperor were

judged only as an accomplice or even as the co-author of a

common-law crime. His actions as Chief of State must be

considered in conformity with their true juridical

character. . . .”

But except for minor details all of this is indeed implicitly contained

in the last paragraph of Article 6 of the Charter of your Tribunal:

“Leaders, organizers, instigators, and accomplices participating

in the formulation or execution of a Common Plan or Conspiracy

to commit any of the foregoing crimes”—Crimes against Peace,

War Crimes, Crimes against Humanity—“are responsible for all

acts performed by any persons in execution of such plan.”

Fundamentally, all this is within strict conformity with the primordial

German concept of Führertum, which places all responsibility on the

leader and those who are with the leader from the very start. Thus we

can, by as close as possible to reality, by applying the Charter of 8

August and Article 6 of the Charter of your Tribunal, by respecting the

rules of common law defined by the chief of our delegation, M. De

Menthon, and by following custom, which is sketched in the field of

international penal law, require of your Tribunal to declare all the

defendants guilty of having, in their role as the chief Hitlerian

leaders of the German people, conceived, willed, ordained, or merely

tolerated by their silence that assassinations or other inhuman acts be

systematically committed, that violent treatment be systematically

imposed on prisoners of war or civilians, that devastations without

justification be systematically committed as a deliberate instrument for

the accomplishment of their purpose of dominating Europe and the world

through terrorism and the extermination of entire populations in order

to enlarge the living space of the German people.

More specifically, we ask you to declare Göring, Keitel, and Jodl guilty

of having taken part in the execution of this plan by ordering the

seizure and the execution of hostages in violation of Article 50 of the

Hague Convention which prohibits collective sanctions and reprisals.

We ask you to find Keitel, Jodl, Kaltenbrunner, Seyss-Inquart, Bormann,

and Ribbentrop guilty of having taken part in the execution of this

plan: 1. by ordering the terrorist murders of innocent civilians; 2. by

ordering the execution without trial and torture to death of members of

the resistance; 3. by ordering devastations without justification:

To declare Göring, Keitel, Jodl, Speer, and Sauckel guilty of having

taken part in the execution of this plan by jeopardizing the health and

the lives of prisoners of war, notably by submitting them to privations

and hard treatments, by exposing them, or by attempting to expose them

to bombings or other risks of war:

To declare Göring, Keitel, Jodl, Kaltenbrunner, and Bormann guilty of

having taken part in the execution of this plan, by personally ordering

or by provoking the formulation of orders leading to terrorist murder or

to the lynching by the population of certain combatants, more

specifically, of airmen and members of commando groups as well as the

terrorist murder or slow extermination of certain categories of

prisoners of war:

To declare Keitel guilty of having taken part in the execution of this

plan by prescribing the deportation of innocent civilians and by

applying to some of them the NN (Nacht und Nebel) regime which marked

them for extermination:

To declare Jodl guilty of having taken part in the execution of this

plan by ordering the arrest, with a view to deportation, of the Jews of

Denmark:

To declare Frank, Rosenberg, Streicher, Von Schirach, Sauckel, Frick,

and Hess guilty of having taken part in the execution of this plan, by

justifying the extermination of Jews or by working out a statute with a

view to their extermination:

To declare Göring guilty of having taken part in the execution of this

plan: 1. by creating concentration camps and by placing them under the

control of the State Police for the purpose of ridding National

Socialism of any opposition; 2. by tolerating and then by approving

fatal physiological experiments on the effect of cold, and of increasing

or decreasing pressure, which experiments were carried out—with

material provided by the Luftwaffe and controlled by Dr. Rascher,

medical officer of the Luftwaffe detailed to the concentration camp of

Dachau for that purpose—on healthy deportees who were involuntary

subjects for the said experiments with which he (Göring), as chief,

associated himself; 3. by utilizing in large numbers internees for

exhausting labor under inhuman conditions in the armament factories of

the Luftwaffe:

To find Speer guilty of having taken part in the execution of this plan

by employing in large numbers the internees for exhausting labor under

inhumane conditions in the armament factories (Document Number 1584-PS):

To find Bormann guilty of having taken part in the execution of this

plan by participating in the extermination of internees in concentration

camps (Document Number 654-PS).

With regard to Dönitz, Raeder, Von Papen, Von Neurath, Fritzsche, Funk,

and Schacht, we associate ourselves with the conclusion of our British

and American colleagues. And in connection with the acts above defined,

we ask you further, in accordance with the stipulation of Article 9 of

the Charter of your Tribunal, to find the OKW and the OKH guilty of the

execution of this plan by having ordered and participated in the

deportation of innocent civilians from the occupied countries in the

West:

To find the OKW, the OKH, and the OKL guilty of the execution of this

plan by participating in the setting-up of the doctrine of hostages as a

means to terrorize and by prescribing the seizure and execution of

hostages in the countries of the West, by reducing to a degrading level

the material living conditions of prisoners of war, by depriving the

latter of the guarantees granted them by international custom and by

positive international law, by ordering or by tolerating the employment

of prisoners of war in dangerous work or in labor directly connected

with military operations, by ordering the execution of escaped prisoners

or prisoners attempting to escape, and the execution of numerous groups

of commandos, and by giving the SS and SD directives for the

extermination of airmen:

To find the OKL guilty of having participated in the execution of this

plan: 1. by employing in large numbers internees in concentration camps

for exhaustive labor under inhuman conditions in the armament factories

of the Luftwaffe; 2. by participating in fatal physiological experiments

on the effect of cold and of increasing or decreasing pressure, which

experiments were carried out for the benefit of the Luftwaffe and

conducted by Dr. Rascher, medical officer of the Luftwaffe, attached to

the concentration camp at Dachau (Documents 343-PS, 1610-PS, 669-PS,

L-90, 668-PS, UK-56, 835-PS, 834-PS, F-278 (B)):

To find the SS and the SD guilty of the execution of this plan by having

deported and participated in the deportation of innocent civilians from

the occupied countries in the West and by having tortured them and

exterminated them by every means in concentration camps:

To find the SS, the SD, and the Gestapo guilty of the execution of this

plan by having given direct orders for the execution or the deportation,

with a view to their slow extermination, of members of commando groups,

airmen, escaped prisoners, those who refused to accept forced labor, or

those who were rebellious to the Nazi order; by forbidding any

repression of acts of lynching committed by the German population on

airmen brought down:

To find the SS, the SD, and the Gestapo guilty of having tortured and of

having executed without trial members of the resistance:

To find the same organizations and in addition, the OKW and the OKH in

collusion with the SS, the SD, and the Gestapo guilty of having

committed or ordered massacres and devastations without justification

(Documents 1063-PS, F-285, R-91, R-129, 1553-PS, L-7, F-185(A)):

To find the Gestapo guilty of having participated in the execution of

this plan by the deportation of innocent civilians from the occupied

countries of the West by the tortures and assassinations which were

inflicted on them:

To find the Government of the Reich (Reichsregierung) and the Leadership

Corps of the National Socialist Party guilty of having, for the purpose

of dominating Europe and the world, conceived and prepared the

systematic extermination of innocent civilians from the occupied

countries of the West through their deportation and their assassination

in concentration camps:

To find the Leadership Corps of the National Socialist Party and the

Government of the Reich guilty of having, for the purpose of dominating

Europe and the world through terrorism, systematically conceived and

provoked tortures, summary executions, massacres, and devastation

without cause as described above:

To find the Government of the Reich and the Leadership Corps of the Nazi

Party guilty of having, for the purpose of dominating Europe and the

world, conceived and prepared the extermination of combatants who had

surrendered and the demoralization, extensive exploitation, and

extermination of prisoners of war, and having participated in it.

Such are the juridical qualifications of the facts which I have the

honor of submitting to you. But a few lessons emerge from these facts.

May the Tribunal permit me to state them in conclusion.

For hundreds of years humanity has renounced the deportation of the

vanquished, their enslavement, and their annihilation through misery,

through hunger, steel, and fire. It is because a message of brotherhood

had been given to the world, and the world could not entirely forget

this message even in the midst of the horrors of war. From generation to

generation we observed an upward effort ever since this message of peace

had been given. We were confident that it was without any thought of

regressing that man had taken the view of moral progress which formed a

part of the common heritage of civilized nations. All nations revered,

equally, good faith in relations among individuals. All of them had come

to accept good faith as the law of their mutual relationship.

International morality was little by little emerging and international

relationship, like that between individuals, was more and more falling

in line with the three precepts of the classical Roman jurists:

“_Honeste vivere, alterum non laedere, suum cuique tribuere_.” (Live

honorably, inflict no harm on another, give each his due.)

Every civilized nation had been impregnated with a common humanism,

growth of a long tradition, Christian and liberal. Based on this common

heritage and achieved at the price of given experience, each nation,

enlightened by the well-conceived interests of man, had understood or

was coming to understand that in public as in private affairs loyalty,

moderation, and mutual aid were golden rules which none could transgress

indefinitely and with impunity.

The defeat, the catastrophe which has fallen upon Germany confirm us in

this thought and give only more meaning and more clarity to the solemn

warning addressed to the American people by President Roosevelt in his

address on 27 May 1940:

“Although our Navy, our guns, and our planes are the first line

of defense, it is certain that back of all of that there is the

spirit and the morality of a free people which give to their

material defense power, support, and efficiency. . . .”

And in this struggle, the echoes of which are still rumbling in our

ears, it was indeed those who could rest their strength upon law,

nourish their force with justice, who won out. But because we have

followed step by step the development of the criminal madness of the

defendants and the consequences of that madness throughout these last

years, we must conclude that the patrimony of man, of which we are the

recipients, is frail indeed, that all kinds of regressions are possible,

and that we must with care watch over their heritage. There is not a

nation which, ill-educated, badly led by evil masters, would not in the

long run revert to the barbarity of the early ages.

The German people whose military virtue we recognize, whose poets and

musicians we love, whose application to work we admire, and who did not

fail to give examples of probity in the most noble works of the spirit;

this German people, which came rather late to civilization, beginning

only with the eighth century, had slowly raised itself to the ranks of

nations possessing the oldest culture. The contribution to modern or

contemporary thought seemed to prove that this conquest of the spirit

was final; Kant, Goethe, Johann Sebastian Bach belong to humanity just

as much as Calvin, Dante, or Shakespeare; nevertheless, we behold the

fact that millions of innocent men have been exterminated on the very

soil of this people, by men of this people, in execution of a common

plan conceived by their leaders, and this people made not a single

effort to revolt.

This is what has become of it because it has scorned the virtues of

political freedom, of civic equality, of human fraternity. This is what

has become of it, because it forgot that all men are born free and equal

before the law, that the essential action of a state has for its purpose

the deeper and deeper penetration of a respect for spiritual liberty and

fraternal solidarity in social relations and in international

institutions.

It allowed itself to be robbed of its conscience and its very soul. Evil

masters came who awakened its primitive passions and made possible the

atrocities which I have described to you. In truth, the crime of these

men is that they caused the German people to retrogress more than 12

centuries.

Their crime is that they conceived and achieved, as an instrument of

government, a policy of terrorism toward the whole of the subjugated

nations and toward their own people; their crime is that they pursued,

as an end in itself, a policy of extermination of entire categories of

innocent citizens. That alone would suffice to determine capital

punishment. And still, the French Prosecution, represented by M. Faure,

intends to present proof of a still greater crime, the crime of

attempting “to obliterate from the world certain ideas which are called

liberty, independence, security of nations, which are also called faith

in the given word and respect for the human person,” the crime of having

attempted to kill the very soul, the spirit of France and other occupied

nations in the West. We consider that to be the gravest crime committed

by these men, the gravest because it is written in the Scriptures,

Matthew, XII, 31-32:

“All manner of sin and blasphemy shall be forgiven unto men, but

the blasphemy unto the Spirit shall not be forgiven unto men.

Whosoever speaketh against the Spirit shall not be forgiven,

neither in this world, nor in the world to come. . . . For the

tree is known by its fruit. Race of vipers, how could ye speak

good words when ye are evil. . . .”

THE PRESIDENT: [_To M. Faure of the French Delegation_] Yes, M. Faure.

M. EDGAR FAURE (Deputy Chief Prosecutor for the French Republic): Mr.

President, Honorable Judges, I have the honor of delivering to the

Tribunal the concluding address of the French Prosecution. This

presentation relates more particularly to the sections lettered (I) and

(J) of Count Three of the Indictment: oath of allegiance and

Germanization; and on the other hand to section (B) of Count Four,

persecutions on political, racial, and religious grounds.

First of all I should like to present in a brief introduction the

general ideas which govern the plan of my final pleading. The concept of

Germanization has been stated in the presentation of M. De Menthon. It

consists essentially in imposing upon the inhabitants of occupied

territories norms for their political and social life such as the Nazis

had determined according to their own doctrine and for their own profit.

The combined activities which carried out Germanization or which have

Germanization for their purpose, and which are illegal, have been

defined as a criminal undertaking against humanity. The complete process

of Germanization was employed in certain territories to annex them to

the Reich. The Germans intended even before the end of the war to

incorporate these territories within their own country. These

territories, annexed and then germanized in an absolute manner, are the

Grand Duchy of Luxembourg, the Belgian Cantons of Eupen, Malmédy, and

Moresnet, and the three French Departments of Haut-Rhin, Bas-Rhin and

the Moselle.

These territories can be considered relatively small in comparison with

the total area of the territories occupied by the Germans. This in no

wise mitigates the reprehensible character of these annexations;

moreover, we should note at this point two essential aspects of our

subject.

The first proposition: The Germans had conceived and prepared more

extensive annexations than those actually carried out in an official

manner. For reasons of expediency, they did not proceed with these

annexations during the period of time at their disposal.

The second proposition: Annexation, on the other hand, was not the

unique or obligatory procedure of Germanization. The Nazis discovered

that they could employ different and various means to achieve their

purpose of universal domination. The selection of means which vary

according to circumstances, to attain and to camouflage an identical

result, was characteristic of what has been called Nazi Machiavellism.

Their conception is technically much more pliable, more clever, and more

dangerous than the classical conception of territorial conquest. In this

respect the most brutal competitor has over them the advantage of

candor.

To begin with I say that the Germans had formulated the plan to annex

more extensive territory. Numerous indications point to this. I would

like to give you only two citations.

The first of these is taken from the documentation collected by our

colleagues of the American Prosecution, an American document which has

not yet been submitted to the Tribunal. I should say in addition that in

my final pleading I shall refer only twice to very remarkable American

documents. All the other documents which I shall submit will be new ones

belonging to the French Prosecution. The document of which I speak now

is Number 1155-PS of the American documents, and it appears in the file

of documents submitted to you under Number RF-601, which will become,

may it please the Tribunal, that number in French documentation.

This document is dated Berlin, 20 June 1940. It bears the notation: “Top

Secret Staff Document.” Its title is: “Note for the Dossier on the

Conference of 19 June 1940, at Headquarters of General Field Marshal

Göring.”

The notes which are included in this document reflect, therefore, the

views of the leaders and not individual interpretations. I would like to

read to the Tribunal only Paragraph 6 of that document, which is to be

found on Page 3. It is the first document bearing Number RF-601

(Document Number 1155-PS), I proceed with the reading of Paragraph 6,

Page 3:

“General plans regarding the political development.

“Luxembourg is to be annexed by the Reich. Norway is to become

German. Alsace-Lorraine is to be reincorporated into the Reich.

An autonomous Breton state is to be created. Considerations are

pending concerning Belgium, the special treatment of the Flemish

in that country, and the creation of a State of Burgundy.”

The second citation which I shall submit to the Tribunal on this point

refers to a French document which I submit as Document Number RF-602.

This document comprises the minutes of the interrogation of Dr. Globke,

a former assistant of State Secretary of the Ministry of the Interior,

Dr. Stuckart. It is dated 25 September 1945. This interrogation was

taken by Major Graff of the French Judicial Service.

To the minutes of the interrogation has been added a memorandum which

was delivered following the questioning by Dr. Globke. I read a passage

from this interrogation, at the beginning of the document, Paragraph 1:

“Question: ‘Have you any knowledge of plans which envisage the

annexation of other French territories at the conclusion of

peace between Germany and France? (Belfort, Nancy, Bassin de

Briey, the coal fields of the North, the so-called “Red Zone”,

territory attached to the Government General of Belgium)?’

“Answer: ‘Yes, those plans did exist. They were worked out by

Dr. Stuckart, upon the personal instruction of the Führer, and I

have seen them. They were communicated to the Ministry of

Foreign Affairs, to the OKW, and to the Armistice Commission in

Wiesbaden. All these documents have been destroyed (Dr. Globke

maintains). The State Secretary, M. Stuckart, was ordered to

deliver a preliminary draft at the headquarters of the Führer

(End of 1940, before the launching of the Russian campaign).

“‘After examination the Führer considered the proposal was too

moderate; and he ordered provisions for the incorporation of

further territories, specifically those along the Channel.

“‘Dr. Stuckart then prepared a second draft, with a map

attached, on which the approximate borders were indicated. I

have seen it, and I can show it to you roughly on a large scale

map of France. I do not know whether this second plan was

approved by Hitler.’”

THE PRESIDENT: M. Faure, did you tell us who Dr. Globke was?

M. FAURE: Yes, Mr. President, he was the assistant of Dr. Stuckart,

State Secretary in the Ministry of Interior. He styled himself in his

interrogation “officer in charge of matters concerning Alsace-Lorraine

and Luxembourg in the Ministry of the Interior, since 1940.”

I now read a passage from the attached memorandum. This appears in your

document book immediately after the passage I have just read. Still

under Document Number RF-602, I now read Paragraph 6 of the memorandum

in question; it is the beginning of the document before your eyes.

“The plan of a new Franco-German border was elaborated upon in

the Ministry of Interior by the State Secretary Dr. Stuckart,

upon the order given to him by Hitler. This plan envisaged that

the territory in the north and the east of France which, for

historical, political, racial, geographical, or any other

reasons ostensibly did not belong to western but to central

Europe, should be given back to Germany. A first draft was

submitted to Hitler at his general headquarters and it was

approved by him in full. Hitler nevertheless wanted . . .”

DR. STAHMER: The Defense has not received these documents. Consequently,

even today we are not in a position to follow the presentation. Above

all, we are not in a position to check individually whether the validity

of these documents really exists at all.

THE PRESIDENT: M. Faure, is that correct, that none of these documents

have been deposited in the Defense Information Center?

M. FAURE: They have been deposited with two photostatic copies in the

document center of the defendants’ counsel. Moreover, before I complete

my statement, I think that the Defense Counsel will have full

opportunity to study this very brief document and to make any

observations which he may desire; but I can give you assurance that

those documents were delivered.

THE PRESIDENT: What assurance can you give me that the orders which the

Tribunal has given have been carried out?

M. FAURE: The documents have been delivered to the Defense Counsel in

accordance with instruction and two photostatic copies have been

delivered in the document room of the Defense. These documents are,

moreover, in the German language, which should greatly facilitate the

task of the Defense Counsel, as the interrogation was taken in the

German language by an officer of the French Judiciary Services.

THE PRESIDENT: Dr. Stahmer, did you hear what M. Faure said?

DR. STAHMER: I should certainly not raise any objections if these

documents had actually been sent to our document room and put at our

disposal. This morning I and several others looked into the matter and

made an effort to determine whether the documents were really there. We

could not find out. Dr. Steinbauer and I went there; we could not find

the documents. I shall go there again to see whether they may not have

come in the meantime.

THE PRESIDENT: The Tribunal has stated on a variety of occasions that

they attach a great importance to the documents being deposited in the

defendants’ Information Center and copies supplied in accordance with

the regulations which they have laid down. Whether that has been done on

this occasion, is disputed by Dr. Stahmer. The Tribunal proposes

therefore to have the matter investigated as soon as possible and to see

exactly whether the rules have been carried out or not. And in future

they hope that they will be carried out with the greatest strictness. In

the meantime, I think it will be most convenient for you to continue.

M. FAURE: The defendants’ counsel tells me that the documents are in the

Defense Counsel Room, but they have not yet been distributed. It can be

seen, therefore, that the orders were fully respected; but because of

the burden of work it may be that the Defense may not individually have

received these documents. In any event, I am prepared to submit

immediately to the Defense Counsel mainly concerned with this,

photostatic copies which will enable them to follow my reading of the

documents, which, incidentally, are quite brief.

THE PRESIDENT: Well, the Tribunal will have the facts investigated by

the Marshal. And in the meantime, you can continue. The Marshal of the

Court will immediately find out and report to the Tribunal what the

facts are about the deposition of the documents and the time at which

they were deposited. In the meantime you can continue, and we shall be

glad if you will assist the defendants’ counsel by giving them any

copies you may have available.

M. FAURE: I was reading then, Document Number RF-602, the attached

memorandum. If the Tribunal wishes to follow the reading of this

document will it kindly take the book entitled “Exposé” or

“Presentation,” and turn to Page 6 thereof. The passage which I am now

coming to is the last paragraph of Page 6. “Introduction—Exposé,” Page

6, third and last paragraph, I am continuing:

“A first draft was submitted to Hitler at his general

headquarters and was approved by him as a whole; but,

nevertheless, he called for an enlargement of the territory

falling to Germany, in particular, along the Channel coast. The

final draft was to serve as the basis for future discussions

with the administrative departments concerned. These discussions

did not take place. The intended frontier followed approximately

a course beginning at the mouth of the Somme, turning eastward

along the northern edge of the Paris Basin and Champagne to the

Argonne, then bent to the south crossing Burgundy, and westward

of the Franche-Comte, reaching the Lake of Geneva. For some

districts alternative solutions were suggested.”

These German plans were indicated on several occasions by specific

measures having to do with the territories in question, measures which

might be designated preannexation measures.

I come now to the second proposal which I referred to a while ago. With

or without annexation, the Germans had in mind to take and maintain

under their domination all the occupied countries. As a matter of fact

their determination was to germanize and to nazify all of Western Europe

and even the African Continent. This intention appears from the very

fact of the conspiracy which has been laid bare before the Tribunal so

completely by my colleagues of the American Prosecution. That will also

be shown by the applications made of it, of which the principal ones

will be retraced in this concluding address.

I merely want to recall to the Tribunal this general point that the plan

for Germanic predominance is defined according to the German

interpretation itself in a public diplomatic document, which is the

Tripartite Pact of 27 September 1940 between Germany, Italy, and Japan.

In this connection I would like to quote before the Tribunal a few

sentences of a comment made upon this treaty by an official German

author, Von Freytagh-Loringhoven, a member of the Reichstag, who wrote a

book on German foreign policy from 1933 to 1941. This book was published

in a French translation in Paris at the publishing house of Sorlot,

during the occupation.

I do not want to submit this as a document, but merely as a quotation

from a published work, a book, which is here in your hands. I read from

Page 311:

“This treaty granted Germany and Italy a dominant position in

the new European order, and it accorded Japan a similar role in

the area of eastern Asia.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 309 / 333 题