I am now skipping a sentence that has no significance.

“At first glance, one could realize that the Tripartite Pact had

in mind a double purpose.”

I shall skip the following sentence which is without interest, and I go

to the sentence dealing with the second purpose:

“Moreover, it entrusted the parties with a mission for the

future, that is to say, the establishment of a new order in

Europe and eastern Asia.

“Without seeking to lessen the importance of the first question,

there can be no doubt that this second purpose, dealing with the

future, involved vaster projects and was, in fact, the principal

point. For the first time in an international treaty, in the

Tripartite Pact, the terms ‘space’ and ‘orientation’ were used

linking one with the other.”

I now go to Page 314 where the author makes a remark which appears to me

to be significant:

“Now, the Tripartite Pact places a clear delimitation of the

wider spaces created by nature on our globe. The concept of

space, it is true, is employed explicitly only for the Far East,

but it is equally applicable to Europe and that within this

conception Africa is comprised. The latter is certainly

politically and economically a complement, or if one wishes, an

annex of Europe. Moreover, it is obvious that the Tripartite

Pact fixes the limits of the two great regions or spaces

reserved for the partners, that the pact tacitly recognizes the

third area, that is Asia, properly speaking, and that it leaves

aside the fourth, the American Continent, thus leaving the

latter to its own destiny. In this way the whole surface of the

globe is concerned; and an idea, which as yet has not been

considered except in theory, was given the significance of a

political principle derived from international law.”

I have felt that this text was of interest because, on the one hand, it

clarifies the fact that the African Continent is itself included in the

space reserved to the German claimants, and on the other, it states that

the government of such an immense space by Germany constitutes

international law. This pretense of acting juridically is one of the

characteristics of the undertaking to germanize the world from 1940 to

1945. It is undoubtedly one of the reasons which inspired Nazi Germany

to proceed only on rare occasions by the annexation of territories.

Annexation is not indispensable for the domination of a great area. It

can be replaced by other methods which correspond rather accurately to

the usual term of “vassalization.”

THE PRESIDENT: Do you not think this will be a convenient time to break

off?

[_A recess was taken._]

M. FAURE: Mr. President, before resuming my brief, I should like to ask

the Tribunal if they could agree to hear, during the afternoon session,

a witness who is M. Reuter, President of the Chamber of Luxembourg.

THE PRESIDENT: Certainly, M. Faure, if that is convenient to you, the

Tribunal is quite willing to hear the witness you name.

M. FAURE: I propose on those conditions to have him heard at the

beginning of the second part of the afternoon session.

I pointed out a moment ago that the different methods of disguised

annexation can correspond to the term “vassalization.” From a German

author I shall borrow a formula which is eloquent. It is Dr. Sperl, in

an article in the _Krakauer Zeitung_, who used this expression: “A

differentiation in methods of German domination.” In using, thus,

indirect and differentiated methods of domination, the Germans acted in

political matters, as we have seen before, in the same way as they acted

in economic matters. I had the opportunity to point out to the Tribunal,

in my first brief, that the Germans immediately seized the keys of

economic life. If you will permit me to use this Latin expression, I

shall say as far as sovereignty in the occupied countries is concerned,

they insured for themselves the power of the keys, “_potestas clavium_.”

They seized the keys of sovereignty in each country. In that fashion,

without being obliged to abolish officially national sovereignty as in

the case of annexation, they were able to control and direct the

exercise of this sovereignty.

Beginning with these principle ideas, the plan of my brief was conceived

as follows:

In the first chapter I shall examine the regime in annexed territories

where national sovereignty was abolished. In a second chapter I shall

examine the mechanism of the seizure of sovereignty for the benefit of

the occupying power in the regions which were not annexed. Then it will

be suitable to examine the results of these usurpations of sovereignty

and the violation of the rights of the population which resulted from

them. I thought it necessary that I should group these results by

dealing with the principal ones in a third and fourth chapter. The third

chapter will be devoted to spiritual Germanization, that is, to the

propaganda in the very extensive sense that the German concept gives to

this term. Chapter four, and the last, will bear the heading, “The

Administrative Organization of Criminal Action.”

I would now like to point out, as far as the documentation of my brief

is concerned, I have forced myself to limit the number of texts which

will be presented to the Tribunal; and I shall attempt to make my

quotations as short as possible. For the fourth chapter, for example, I

might point out that the French Delegation examined more than 2,000

documents, counting only the original German documents, of which I have

kept only about fifty.

I should like also to point out to the Tribunal how the documents will

be presented in the document books which you have before you. The

documents are numbered at the top of the page to the right; they are

numbered in pencil and correspond to the order in which I shall quote

them. Each dossier has a pagination which begins with the number 100.

I would ask the Tribunal now to take up the document book entitled: “The

Annexed Territories of Eupen, Malmédy, and Moresnet.”

In carrying out, without any attempt or cloak of legality, the

annexation of occupied territories, Germany did something much more

serious than violating the rules of law. It is the negation of the very

idea of international law. The lawyer, Bustamante y Sirven, in his

treatise on international law expresses himself in the following terms

regarding this subject:

“It can be observed that never have we alluded at any moment to

the hypothesis that an occupation terminates because the

occupying power takes possession of the occupied territory

through his military forces and without any convention. The

motive for this mission is very simple and very clear. Since

conquest cannot be considered as a legitimate mode of

acquisition, these results are uniquely the result of force and

can be neither determined nor measured by the rules of law.”

On the other hand, I have said just now that Germanization did not

necessarily imply annexation. Inversely, we might conceive that

annexation did not necessarily mean Germanization. We shall prove to the

Tribunal that annexation was only a means, the most brutal one of

Germanization, that is to say, nazification.

The annexation of the Belgian cantons of Eupen, Malmédy, and Moresnet

was made possible by a German law of 18 May 1940 and was the subject of

an executive decree of 23 May 1940. These are public regulations, which

were published in the _Reichsgesetzblatt_, Pages 777 and 804. I should

like to ask the Tribunal to take judicial notice of this.

As a result of this decree the three Belgian districts were attached to

the province of the Rhineland, district of Aachen.

A decree dated 24 September 1940 installed local German government and

German municipal laws. A decree of 28 July 1940 introduced the German

judicial system in these territories. Local courts were established in

Malmédy, in Eupen and St. Vith, and district courts at Aachen, which

could judge cases on equality with the local courts.

The Court of Appeal of Cologne replaced the Belgian Court of Cassation

for cases where the latter would have been competent. German law was

introduced in these territories by the decree of 23 May 1940, signed by

Hitler, Göring, Frick, and Lammers and was effective as from September

1940.

A decree of 3 September 1940 regulates the details of the transition of

Belgian law into German law in the domains of private law, commercial

law, and law of procedure.

By the decree of annexation German nationality was conferred upon the

inhabitants of German racial origin in this Belgian territory. The

details of this measure were specified and stipulated by the decree of

23 September 1941. All persons who had acquired Belgian nationality as a

result of the ceding of these territories could, according to the terms

of the decree, resume their German nationality, with the exception,

however, of Jews and Gypsies. All the other inhabitants, on condition

that they were racially German, could acquire German nationality, which

might be revoked after 10 years.

I shall not take up at great length the situation which resulted from

the annexation of these Belgian territories, for the developments of the

situation are analogous to those which we shall examine in the other

countries. I simply would like to point out a special detail of this

subject: A law of 4 February 1941, signed by Hitler, Göring, Frick, and

Lammers granted the citizens of Eupen, Malmédy, and Moresnet

representation in the Reichstag, that is to say, the benefits of the

German parliamentary regime, the democratic character of which is known.

I shall ask the Tribunal to now take up the file entitled “Alsace and

Lorraine.” There is a file, “Exposé,” and a file, “Documents.”

Contrary to what took place in the Belgian cantons the Germans did not

officially proclaim by law the annexation of the three French

departments which constitute Alsace and Lorraine. The fact of this

annexation, however, is in no way doubtful. I should like to remind the

Tribunal here of extracts from a document which has already been

submitted to it, which is Document Number RF-3 of the French

documentation. It concerns a deposition made before the French High

Court of Justice, by the French Ambassador, Léon Noël, who was a member

of the Armistice Delegation. I did not put this document in your book

because I shall cite only one sentence from it. The document has already

been submitted to the Tribunal, as I have just said.

Ambassador Noël, in this document, pointed out the conversations which

he had at the time of the signing of the Armistice Convention with the

German representatives, notably with the accused Keitel and Jodl. The

sentence which I would like to remind the Tribunal of is as follows:

“. . . and likewise, in thinking of Alsace and Lorraine, I

required them to say that the administrative and judicial

authorities of the occupied territories would keep their

positions and functions and would be able to correspond freely

with the government.”

The affirmations are dated 22 June 1940.

I am now going to submit to the Tribunal a document of 3 September 1940,

which is a note of protest of the French Delegation, addressed to the

Armistice Commission. I submit this to the Tribunal in order that the

Tribunal may see that during the period which elapsed between these two

dates, a period which covers barely 2 months, the Nazis had applied a

series of measures which created, in an incontestable manner, a state of

annexation.

This document which I submit bears the Number RF-701 of the French

documentation. It is the first document of the document book which the

Tribunal has before it. All the documents in this chapter will bear

numbers beginning with the Number 7, that is to say, beginning with

RF-701.

This document comes from the file of the French High Court of Justice,

and the copy submitted to the Tribunal has been certified by the clerk

of this jurisdiction. I should like to quote from this document,

beginning with the fourth paragraph on Page 1 of the Document Number

RF-701:

“1. Prefects, subprefects, and mayors, as well as a number of

local officials whose tendencies were considered suspicious,

have been evicted from their respective offices.

“2. Monseigneur Heintz, bishop appointed under the Concordat to

Metz, was driven from his diocese. Several members of the

clergy, secular as well as regular, were also expelled under the

pretext that they were French in tongue and mentality.

“3. Monseigneur Ruch, the bishop appointed under the Concordat

to Strasbourg, was forbidden to enter his diocese and,

consequently, to resume his ministry.

“4. M. Joseph Bürckel was appointed on 7 August, Gauleiter of

Lorraine and M. Robert Wagner, Gauleiter of Alsace. The first of

these provinces was attached to the Gau of Saar-Palatinate; the

second to the Gau of Baden.

“5. Alsace and Lorraine were incorporated in the civil

administration of Germany. The frontier and custom police were

then placed on the western limits of these territories.

“6. The railroads were incorporated in the German network.

“7. The post office, telegraph, and telephone administration was

taken over by the German postal authorities, who gradually

substituted their own personnel for the Alsatian personnel.

“8. The French language was eliminated, not only in

administrative life but also from public use.

“9. Names of localities were germanized.

“10. The racial legislation of Germany was introduced into the

country; and as a result of this measure, the Jews were expelled

as well as nationals which the German authorities considered to

be intruders.

“11. Only the Alsatians and Lorrainers who agreed to consider

themselves as being of German stock were permitted to return to

their homes.

“12. The property of associations of a political character and

of Jews was confiscated as well as property acquired after 11

November 1918 by French persons.

“Nothing illustrates better the spirit which animates these

measures, in themselves arbitrary, than the words pronounced

publicly 16 July at Strasbourg by M. Robert Wagner. Stressing

the elimination of all elements of foreign stock or nationality

which was taking place, this high official affirmed that the

purpose of Germany was to settle once and for all the Alsatian

question.

“Such a policy, which could not be the function of subordinate

occupational authorities, was equivalent to disguised annexation

and is strictly contrary to agreements subscribed to by Germany

at Rethondes.”

Numerous protests were subsequently lodged by the French Delegation. We

have attached to our file a list of these protests; there are 62 of

them. This list is found in the book under the Document Number RF-702.

The development of the German policy may now be studied through three

series of measures which were carried out. First, a body of measures

destined to assure the elimination of what can be called the French

complex, that is to say, of everything which can tie an inhabitant of an

annexed country to his way of life and to his national tradition.

Second, a body of measures destined to impose German standards in all

domains of life of the population. Third, the measures of transportation

and of colonization. We use here the German terminology.

First, elimination of the French complex.

The elimination of French nationality and of French law resulted

automatically from the measures which we shall study relative to the

imposition of German standards. I should like to point out particularly,

that the Germans tried to fight against all elements of French

organization which might have survived the suppression of their national

juridical conditions.

At first they proscribed, in an extraordinarily brutal way, the use of

the French language. Several regulations were formulated relative to

this. I shall cite only the third regulation, bearing the date of 16

August 1940, entitled, “Concerning the Reintroduction of the Mother

Tongue.” This document is published in the Journal of German Ordinances

or Decrees of 1940, (_Verordnungsblatt_) on Page 2. It bears Document

Number RF-703. The Tribunal will find it in the document book after the

Document Number 702, which is the list of French protests. I should like

to read a large part of this document, which is interesting; and I shall

start at the beginning:

“Following the measures undertaken with a view of reintroducing

the mother tongue of the Alsatian people, I decree as follows:

“1. Official Language.

“All public services in Alsace, including administration of

communes, of corporations within the meaning of civil law,

public establishments, churches, and foundations, as well as

tribunals, will use exclusively the German language orally and

in writing. The Alsatian population will use exclusively its

German mother tongue in both oral and written applications to

the above establishments.

“2. Christian and Family Names.

“Christian names will be exclusively used in their German form

orally and in writing, even when they have been inscribed in the

French language on the birth register. As soon as this present

decree comes into force, only German Christian names may be

inscribed upon the birth register. Alsatians who bear French

Christian names, which do not exist in German form, are asked to

apply for a change of their Christian names in order to show

their attachment to Germanism. The same holds good for French

family names.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 310 / 333 题