M. FAURE: If that is convenient to the Tribunal.

THE PRESIDENT: Yes, certainly, call him tomorrow.

M. FAURE: If it please the Tribunal, his testimony could be taken after

the recess tomorrow morning.

DR. GUSTAV STEINBAUER (Counsel for Defendant Seyss-Inquart): Mr.

President, I do not wish to prolong the proceedings; but I believe it

will be in the interest of justice if I ask that the Dutch witness be

heard, not tomorrow but Monday, on the assumption that Seyss-Inquart who

is now ill may be expected back on that date.

THE PRESIDENT: M. Faure, would it be equally convenient to you to call

him on Monday?

M. FAURE: Mr. President, I do not desire to vex the Defense; but the

witness might like to leave Nuremberg fairly promptly. Perhaps I might

suggest that he be heard tomorrow and that after he has been heard, if

Counsel for Defendant Seyss-Inquart expresses his desire to

cross-examine him, the witness could remain until Monday’s session.

If, on the other hand, after having heard the questions involved, the

Counsel considers that there is no need for any cross-examination, then

Seyss-Inquart’s absence would not matter. But I will naturally accept

the decision of the Tribunal.

THE PRESIDENT: That seems a very reasonable suggestion.

DR. STEINBAUER: I am agreeable to the suggestion of the French

Prosecutor.

THE PRESIDENT: We will adjourn now.

[_The Tribunal adjourned until 2 February 1946 at 1000 hours._]

FORTY-NINTH DAY

Saturday, 2 February 1946

_Morning Session_

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

Defendants Kaltenbrunner, Seyss-Inquart, and Streicher will be absent

from this morning’s session due to illness.

M. FAURE: Gentlemen, I shall ask the Tribunal to be kind enough now to

take the file which is entitled “Luxembourg.”

The Tribunal has already been informed of the essential elements of the

situation concerning Luxembourg by the testimony of President Reuter,

who was heard during yesterday’s session. I shall, therefore, be able to

shorten my explanations about this file; but it is nevertheless

indispensable that I submit some documents to the Tribunal.

The annexation of Luxembourg has quite a special character, in that it

carried with it the total abolition of the sovereignty of this occupied

country. It therefore concerns a case which corresponds to the

hypothesis which we call “_debellatio_” in classic law, that is to say,

the cessation of hostilities by the disappearance of the body of public

law of one of the belligerents.

This total annexation of Luxembourg completes the proof that there was

criminal premeditation on the part of the Reich against this State to

which it was bound by diplomatic treaties, notably the Treaty of London

of 11 May 1867, and the Treaty of Arbitration and Conciliation of 2

September 1929. And the Tribunal knows by the testimony of Mr. Reuter

that these pledges were confirmed, first by a spontaneous diplomatic

step taken on 26 August 1939 by M. Von Radowitz, the Minister

Plenipotentiary for Germany, and afterwards by a re-assuring declaration

a few days before the invasion, in circumstances which have already been

explained to the Tribunal.

In view of the fact that Luxembourg—unlike Alsace and Lorraine, which

were French departments—I say, in view of the fact that Luxembourg was

a state, the Germans, in order to carry out this _de facto_ annexation,

had to issue special regulations concerning the suppression of public

institutions; and this they did. Two ordinances of 23 August and 22

October 1940 announced, on the one hand, the ban on Luxembourg’s

political parties; and, on the other, the dissolution of the Chamber of

Deputies and the State Council. These two decrees are submitted as

Documents RF-801 and RF-802. I request the Tribunal only to take

judicial notice of these documents which are public texts.

Moreover, from 26 August 1940 on, a German decree had abolished the

constitutional executive formula, according to which justice is rendered

in the name of the sovereign. A formula, according to which justice is

rendered in the name of the people, was substituted at that time for

this executive formula. On 15 October 1941, the formula was again

modified in a more obvious way and became “In the name of the German

people.”

I shall now follow in my supplementary explanation the order of ideas

which I adopted for Alsace and Lorraine; and naturally I shall dwell

only on those circumstances peculiar to Luxembourg.

As in the case of Alsace and Lorraine, the Germans attempted to

extirpate the national sentiment of Luxembourg and to render impossible

all manifestations of the traditional culture of this country. Thus, the

ordinances of 28 August 1940 and 23 October 1940 banned all associations

of a cultural or educational nature.

As in Alsace and Lorraine, the Germans imposed Germanization of family

and Christian names. This was the object of a decree of 31 January 1941,

Document Number RF-803. I point out, in passing, that the wearing of a

beret was also forbidden in Luxembourg, by a decree of 14 February 1941.

At the same time they did away with national institutions, the Germans

set up, according to their custom, their own administration and

appointed a Gauleiter in the person of Gustav Simon, the former

Gauleiter of Koblenz-Trier.

From the administrative point of view, the Grand Duchy of Luxembourg was

administered as a Bezirk (district) of the Chief of the Civilian

Administrative Service but by the German administrative services. As far

as the Party was concerned—the National Socialist Party—it was

officially joined to the Reich, as a dependency of the Mosel Gau.

I shall not dwell on the introduction of German civilian and penal

legislation, which was introduced in the same way as in Alsace and

Lorraine. Sufficient proof of this must be considered to have been given

by the submission of the official report of the government of the Grand

Duchy.

As regards nationality and conscription, we also notice a parallelism

between the provisions which concern Luxembourg and those which concern

other annexed countries.

On 30 August 1942, two ordinances were promulgated. It must be pointed

out that these two ordinances, the one concerning nationality and the

other military service, bear the same date. The ordinance concerning

military service is submitted as Document Number RF-804 and the one

concerning nationality is submitted as Document Number RF-805. The

legislation concerning nationality includes, moreover, a provision which

is peculiar to Luxembourg, although it is in conformity with the general

spirit of German legislation concerning nationality in annexed

countries.

The Germans had created in Luxembourg various organizations of the Nazi

type, of which the main one was the Volksdeutsche Bewegung (German

nationalist movement); and here is the special circumstance which I wish

to point out. The ordinance of 30 August 1942 concerning nationality

grants German nationality to persons who gave their adherence to this

association, the Volksdeutsche Bewegung. But this nationality could be

revoked. This is shown in the last paragraph of title 1 of this

ordinance, Document Number RF-805. In fact, this conferring of

nationality in this special case was valid provisionally for 2 years

only.

At the same time that the Nazis were establishing conscription, they

made it obligatory for all young Luxembourgers to serve in the

premilitary formations of the Hitler Youth. This is laid down in an

ordinance of 25 August 1942 concerning the Hitler Youth camps, which is

Document Number RF-806.

Just as in Alsace and Lorraine, compulsory labor was imposed in

Luxembourg, not only for men but also for women and for work of military

concern. These provisions are found chiefly in three ordinances: the

ordinance of 23 May 1941, the ordinance of 10 February 1943, and the

ordinance of 12 February 1943. These last two ordinances are introduced

as Documents RF-807 and RF-808.

I should now like to cite another circumstance, which is peculiar to

Luxembourg and of which proof is found in the official report of the

Luxembourg Government already submitted to the Tribunal. According to

this report, Page 4, Paragraphs 7 to 8, it is stipulated—the quotation

is very short and I did put the whole of the Luxembourg report in my

document book; I shall cite only one sentence which bears the reference

I have given:

“By ordinance, which appeared in the Official Gazette for

Luxembourg, 1942, Page 232, part of the Luxembourg population

was forced to join the formations of a corps called

Sicherheits- und Hilfsdienst (Security and Emergency Service), a

premilitary formation which had to do military drills. Part of

it was sent forcibly to Germany to carry out very dangerous

tasks at the time of the air attacks of the Allied forces.”

The Nazis made a special effort to bring about the nazification of

Luxembourg; and for this country they thought out a special method, the

basic point of which was the language element. They developed the

official thesis that the Grand Duchy of Luxembourg belonged to the

German language group. By means of propaganda they spread the idea that

the dialect spoken in Luxembourg was a Franconian dialect of the Moselle

and constituted a variant of the High German. Having developed this

theory, they took a census of the population, as mentioned yesterday by

the witness who gave evidence before the Tribunal. I especially mention

that this census took place on 10 October 1941. I wished to have the

witness speak on this point because no information on the result of the

census was furnished in the government report; and the Tribunal knows

now the reason why the German authorities immediately stopped the census

as soon as they discovered that the number of persons answering in the

way they desired was ridiculously small.

After this failure the Germans considered that the Luxembourg dialect

was no longer their political friend and in a circular dated 13 January

1942, which I submit as Document Number RF-809, they forbade the civil

servants to use this dialect in conversations with the public or on the

telephone. This was very inconvenient to a great many people.

The nazification campaign was carried out also by the creation of groups

with the same end in view. I have already said that the most important

of these groups was the Volksdeutsche Bewegung and I shall merely

supplement this by citing a sentence from the Luxembourg report, namely:

“Membership in the Volksdeutsche Bewegung was the condition

_sine qua non_ on which civil servants were allowed to keep

their positions, private employees their positions, professional

people—such as lawyers, doctors, _et cetera_—to exercise their

profession, industrialists to run their factories, and everybody

to earn his livelihood. Failure to comply meant dismissal,

expulsion from the country, and the deportation of whole

families.”

The penalties imposed on the Luxembourgers who refused these

solicitations were accompanied by a formula which shows very well the

Nazi mentality and which I shall read to the Tribunal from the text of

the government report. It is a very short quotation.

“Because of their attitude these persons do not offer the

guarantee that they will fulfill, in an exemplary manner at all

times and without any reservation, during and outside their

professional activity, the duties which have their foundation in

the establishment of the civil administration in Luxembourg and

in the pro-German attitude.”

The Nazis also sought to develop in Luxembourg the SA formation.

THE PRESIDENT: Have we got this report? Has this governmental report

been deposited?

M. FAURE: The report of the Luxembourg Government was submitted to the

Tribunal by my colleague, M. Dubost.

THE PRESIDENT: Thank you.

M. FAURE: As I am making only very short quotations from it I did not

put it in my document book.

THE PRESIDENT: Yes, M. Faure, it would help me if you would give me the

page of the dossier, when you are citing a document which is not in the

document book.

M. FAURE: The Nazis also used all kinds of constraint to obtain members

for their SA formation as well as for the motorized group of the SA

which is known under the initials NSKK.

I would like now to point out to the Tribunal that a special effort was

directed towards the youth, because the Nazis thought it would be easier

to get young people—and I may say, even children—to accept their

precepts and doctrines.

I think I may submit to the Tribunal Document Number RF-810, which is a

circular dated 22 May 1941, addressed to the principals of high schools.

This is a very short document and I ask your permission to read it.

“By order of the Gauleiter, all teachers are bound to buy the

book of the Führer, _Mein Kampf_, before 1 June 1941. By

September 1941 every member of the teaching profession must make

a declaration on his honor that he has read this work.”

The Germans thought that the compulsory reading of _Mein Kampf_—they

allowed three months to assimilate this important work—might convince

the teachers, who in turn would teach it to their pupils in the

prescribed spirit.

I have here another document, Number RF-811, which I should like to read

to the Tribunal, because it is not long and is also very characteristic.

It is an extract from a collection of circulars addressed to the pupils

of the Athenaeum:

“Luxembourg, 16 June 1941:

“1. All pupils must stand up when the teacher enters to begin

the lesson and when leaving the classroom at the end of the

lesson.

“2. The German salute will be given in the following manner: a)

Raise the outstretched right arm to shoulder level, b) Shout:

‘Heil Hitler.’

“3. The pupils must return the same salute which the teachers

use at the beginning and end of the lessons.

“4. I also expect all pupils to give the German salute in the

street, especially to those gentlemen known to be enthusiastic

partisans of the German salute.”

These German methods reached their culminating point with the imposition

of the oath of allegiance to Hitler, which oath was imposed upon the

gendarmes and the police. I refer here to the testimony of M. Reuter,

who made the terrible statement that those who refused to do so were

deported and afterwards most of them were shot. I also submit as proof

of this the government report which gives the same information, on Page

12.

Naturally, as in the other annexed territories, the Luxembourgers did

not yield to these German methods; and there also endeavors were made to

break the resistance by terror. I must mention a quite special

regulation, the ordinance of 2 June 1941. This will be Document Number

RF-812, which has as title “Ordinance on the Putting into Force in

Luxembourg of the Law of 10 February 1936 Concerning the Gestapo.” This

title suffices to show the subject.

The Gestapo established in Luxembourg special tribunals, a special

summary court known as Standgericht, and SS tribunals. These

jurisdictions, if we can use the term jurisdiction, passed many

sentences for political reasons. A detailed list of these convictions is

appended to the government report. One tribunal, the Standgericht of

which I spoke just now, passed 16 death sentences and sentenced 384

people to penalties involving loss of their liberty. But this tribunal

was not the only one, and the report states—and the witnesses also

confirmed it—that about 500 were condemned to death in this country,

which is a considerable number, because the population is not very

large.

I think I should likewise mention, in connection with the Germanization,

the measures concerning deportation already known to the Tribunal

through the testimony of M. Reuter. These measures concerning

deportation were applied systematically to the intellectual elite of the

country, to the clergy, and to persons who had served in the army. This

proves that it was deliberately intended to do away with the social,

intellectual, and moral structure of this country.

To the Luxembourg report is appended a list of names of deportees,

including officers, magistrates, men who took part in politics in the

Grand Duchy, writers, economic leaders, and in particular—I shall give

only one figure which is striking—the Germans expelled or deported 75

clergymen, which, with regard to a population as small as that of

Luxembourg, shows clearly the will to abolish completely the right to

worship. The official report also states that the property of religious

orders was confiscated, and most of the places of worship were either

destroyed or desecrated.

Just a word about agricultural colonization: An organization called “Für

Deutsches Volkstum und Siedelung” (For the Settlement of Racial Germans)

was entrusted with the liquidation of the property of Luxembourg

deportees for the benefit of southern Tyroleans who were settled in the

Grand Duchy. Also, industrial and economic colonization: Here we find

the same methods, the same spoliations, and therefore I do not want to

go over this ground again. The Tribunal already knows the way in which

this was carried out. But I should like to give one example concerning

Luxembourg because when dealing with points, even general points, I

think the best method is to give a documentary example, and also

because, from this document that I am going to cite, I think it is

possible to draw some important conclusions from the point of view of

the Prosecution.

The document which I am going to cite concerns many cases where the

German authorities compelled private citizens and firms to transfer

their assets and the control of their businesses to Germans. That was

called colonization, and consisted in putting German nationals into the

businesses with large assets and economic functions. The Reich Minister

of Economy himself devised these illicit methods by which it was

intended to plunder private citizens and to germanize the economy of the

country. The document that I am going to read to the Tribunal bears the

Document Number 813. It is offered as a document by the Luxembourg

Government, and it is an original document with the signature, bearing

the heading “The Reich Minister of Economy,” Berlin, 5 January 1942.

This letter with the heading “The Minister of Reich Economy” is signed

“By order: Dr. Saager.” He is a subordinate who is acting regularly,

administratively, by order of his minister. It is Number RF-813, the

last but one. This letter is marked “Secret.” It concerns the

“Accumulateurs Tudor, S. A., Bruxelles,” and is addressed to the battery

factory in the hands of Mr. Von Holtzendorff of Berlin, Askanischer

Platz 3. The Tribunal will understand that the Minister of Economy is

writing to the German firm which is going to benefit by the pressure to

be exercised on the Luxembourg firm.

“Referring to our repeated conversations I confirm that in the

interest of the Reich it would be considered very desirable if

your company would obtain a participation in the stock of the

Tudor Batteries. The interest of the Reich is based in no small

degree on economic requirements of national defense.

“In order to obtain a majority the stock owned by M. Léon Laval,

formerly in Luxembourg and now in Bad Mergentheim, would have to

be considered first. This concerns not only the shares which M.

Laval possesses personally, but also the 3,000 shares deposited

with Sogeco.”

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 317 / 333 题