I now come to a very important paragraph:

“I therefore request that the necessary negotiations be started

immediately. I would point out that, first of all, you will have

to apply to the Gestapo for the authorization of the State

Police to negotiate with M. Laval, and then request them to give

their agreement to the transfer of these shares to your company

in case M. Laval should be willing to cede them.

“I have already informed the Gestapo of the matter. If the

result of your negotiations should make it necessary I am

prepared to point out once again to the Gestapo how urgent your

mission is.”

Now I should like to read to the Tribunal the sequel to this, Document

Number RF-814, which shows a further stage of the maneuver by which the

Reich Minister of Economy, in conjunction with the Gestapo, sought to

plunder a private citizen. This is a letter addressed to a private

citizen, who was going to be compelled to sell his shares, Dr. Engineer

Léon Laval, and we are going to see who writes to him. Here is the text

of this letter, which is dated Luxembourg, 14 January 1942, and which

bears the heading of the Einsatzkommando of the Security Police and the

SD in Luxembourg:

“On 19 January 1942 and the following days you must remain at

your residence to be at the disposal of the representative of

the Accumulatoren-Fabrik, A.G., Berlin, Director Von

Holtzendorff.”

The Tribunal will recognize the name of Von Holtzendorff, who was the

recipient of the letter from the Reich Minister of Economy in the

previous document. I continue the quotation:

“Mr. Von Holtzendorff, who is in possession of a special

authorization from the Redchssicherheitshauptamt, will discuss

business matters with you. Heil Hitler! Signed, Hartmann.”

The Tribunal will understand, I am sure, that if I have read these two

documents, it is not because I think it very important in the scope of

this Trial that the Tudor battery firm was despoiled, an illicit act

which was to their prejudice; but I want especially, and I think it is

very important in the Trial, to emphasize—and I shall do it each time

when the document gives me the opportunity—the co-ordination which

existed between the different German services of which these defendants

here were the leaders. Certain persons are sometimes inclined to believe

that all the German crimes must be imputed to the Gestapo, and it is

true that the Gestapo was a characteristic criminal organization; but

the Gestapo did not function all by itself. The Gestapo acted on the

order of, and in conjunction with, the civil administrations and with

the military command. We heard yesterday, in connection with the

pontificals of the Bishopric of Strasbourg and also in connection with

the University of Strasbourg, of the scheme which allowed the civil

minister or his representative to have recourse to the police agents for

the enforcement of orders. We also noted this fact when reading these

documents which dealt with economic matters.

I now conclude the first chapter of my brief. I should like to mention

that the work on the documentation and the preparation of this chapter

was carried out with the aid of my assistant, M. Albert Lentin.

I should like now to hand to the Tribunal the first part of the second

chapter, concerning the seizure of sovereignty. This first part includes

general ideas which I think I should expound to the Tribunal before

supporting them by documents. Consequently, the Tribunal will have

before them a file entitled “Exposé” for which there is no corresponding

document book.

The Germans occupied the territories of five powers, without counting

Luxembourg which was annexed and of which I spoke just now. Of these

five countries, three kept governmental authority. These are Denmark,

Norway, and France, but even in these three countries the cases are

entirely different. The government of Denmark was a legitimate

government; the government of France was a _de facto_ government, which

at the beginning exercised real authority over unoccupied territories;

the government of Norway was also a _de facto_ government, typical

example of a puppet government. The two other powers, Belgium and

Holland, retained no governmental authority but only administrative

authorities, of which the highest were the general secretariats of the

ministerial departments.

In view of these situations, the Germans, as I said previously, varied

their methods of domination. On the other hand, they did not establish a

specific form of government corresponding to the internal organization

of each country; therefore looking at it as a whole, it would seem at

first sight to be somewhat complex. The usurpation of sovereignty by the

occupying power assumed three different forms. We are speaking here of

the external procedure.

First form: Direct exercise of power to legislate or issue regulations.

By this we mean the exercise of power above and beyond the limited power

to issue regulations accorded by international law to occupation armies.

Second form: The indirect exercise of power to legislate or issue

regulations through local authorities. This was also done in two ways:

1. By injunction, pure and simple, which is the case when the local

authorities are the administrative authorities. 2. By pressure, which is

the case when the local authorities are authorities of a governmental

character, either _de facto_ or _de jure_. It should be noted, moreover,

that the pressure is sometimes such that it bears a complete resemblance

to an injunction, pure and simple. We also understand such pressure to

include recourse to the complicity of traitors.

Third form: The third form is purely and simply that of assault and

battery. We do not mean physical force used in individual cases, for

this does not concern us here: but physical force used as a result of

the order of a competent occupation authority, which consequently

entails the responsibility of a superior.

If we now consider the question of determining who or what the

instruments of usurpation were, we observe that these instruments fall

into five categories:

In the first place, we have the Reich Commissioner, who was appointed in

Norway and Holland only, that is to say, in the one case in a country

which retained governmental authority at least in appearance and for a

certain length of time, and in the other, in a country which retained

administrative authority only.

In the second place, we have the military administration. In all

countries the military authorities exercised powers absolutely

disproportionate to those which belonged to them lawfully.

I must note here that only these two instruments, the Reich Commissioner

and the military authority, were able to carry out usurpation by issuing

direct legislative or regulatory decrees. In each of the two powers

where there was a Reich Commissioner, the powers conferred were

naturally shared by the Reich Commissioner and the military authority.

A third instrument of usurpation took the form of diplomatic

administration responsible to the Foreign Office. Diplomatic

representations existed only in countries which had governmental

authorities and where there was no Reich Commissioner. We refer to

Denmark and France.

These diplomatic representatives of the Reich, unlike the Reich

Commissioner and the military occupation authority, did not have

power—illicit but formal power—to legislate or issue regulations.

However, this does not mean that their role in the usurpation of

sovereignty is a secondary one. On the contrary, it is an important one.

Their principal activity consisted, naturally, in bringing pressure to

bear on local authorities to whom they were accredited.

I should like to bring out two points here. It might be thought from a

logical point of view, that in an occupied country such as France, the

intervention by the occupying power in the administration of the local

authorities would be the exclusive competence of the diplomatic

representatives. That is not the case. The military authority also

intervened on frequent occasions through direct contact with the French

authorities. In their turn, the diplomatic representatives did not limit

themselves to the powers conferred by their functions. One of the

characteristics of the Nazi method is this exceeding of powers

conferred. It is, moreover, when one thinks of it, a necessary result of

the Nazi enterprise.

In view of the fact that the usurpation of sovereignty in a country

which is militarily occupied is an illegal and abnormal thing, it does

not come within the normal competency of the categories of public

functions as understood by civilized nations. Thus the diplomats, as

well as the military authorities, exceeded their powers; and there was

also an overlapping of functions. The diplomats and the military

authorities dealt with the same things. We see this in regard to

propaganda, for instance; and in regard to the persecution of the Jews.

Generally speaking, the military authority acted in a more obvious way;

the diplomatic administration preferred to act in domains where

publicity could be evaded. There was a constant liaison between them on

all questions concerning the occupied country.

The fourth instrument of usurpation was the police administration. The

German police was installed in all occupied countries, often under

several distinct administrations, according to the principles which were

presented to the Tribunal when the American Prosecution revealed the

inner workings of the immense, complex, and terrible police organism of

the Nazis. Neither did the police have limited or exclusive functions.

They acted in close and constant liaison with the other instruments we

have defined.

The fifth instrument which we must mention consisted of the local

branches of the National Socialist Party and the similarly inspired

organizations which sought to organize nationals in the occupied

country. These organizations served as auxiliaries to the German

authorities; and in a specific case, that of Norway, they provided the

foundation of a so-called government.

I have thought fit to outline this picture, as it seems to me that the

Prosecution may draw from it an interesting conclusion in regard to the

points I have already touched on in my statement on Luxembourg.

We have seen, in effect, that the German line of policy for the usurping

of sovereignty was carried out by means of various organs which were

associated with this action. In the occupied countries—and we must not

forget that this usurpation provided the method for the commission of

crimes—this usurpation was not the exclusive work of an official, or of

an ambassador, or of a military commander. In countries which had a

Reich Commissioner there also existed a military administration. A

country placed under the sole regulating authority of the Army also had

diplomatic agents. In all countries there were police authorities.

In all these occupied countries, as a result of the occupation and the

usurpation of sovereignty, there were systematic abuses and crimes. Many

of them are already known to the Tribunal. Others have still to be

mentioned.

From what I have just said, we see that the responsibility for these

abuses does not exist only with one or the other of these

administrations which we have mentioned, it exists with all of them. It

may be true that in Belgium, for instance, there was no diplomatic

representation; but there was such representation in France and in

Denmark. It therefore follows that the Department of Foreign Affairs and

its head could not help being aware of the conditions under the

occupation which, as far as the principal features are concerned, were

similar in the different countries.

Moreover, as I have just said, these coexisting administrations had no

fixed division of functions. Even if this division of functions had

existed, it must be pointed out that the responsibility and the

complicity of each in the action of the others would have been

sufficiently proved by their knowledge and their approval—which was at

least implicit with regard to this action. But even this division did

not exist, and we shall show that all were associated and accomplices in

a common action.

Now, this very fact involves a more far reaching consequence. The

association and complicity of these various departments involves all the

leaders and all the organizations here accused in a general

responsibility. I shall explain this point by giving an example. If, for

instance, all the abuses and all the crimes had been committed only by

the Army without a single interference, perhaps it would be possible for

one important person, or organization, having no military functions, to

claim that it had no knowledge of these abuses and of these crimes. Even

in this case I think this claim would be difficult to uphold, because

the vast scope of the enterprises which we denounce made it impossible

for anyone who exercised a higher authority not to know of these things.

However, since several administrations are jointly responsible, it

necessarily follows that the other authorities are also responsible,

because the question at this point is no longer the question whether one

administration is involved, or even three, but all the administrations;

it involves the consubstantial element of all the authorities of the

State.

I shall speak later of the order concerning the deportation of the Jews;

and I shall show that this order was the result of a common action of

the military administration, the diplomatic administration, and the

Security Police, in the case of France. It follows that in the first

place the Chief of the High Command, in the second place, the Minister

of Foreign Affairs, and in the third place, the Chief of the Security

Police and Reich Security Service—these three persons—were all

necessarily informed and necessarily approved this action, for it is

clear that their offices did not keep them in ignorance of such plans

concerning important affairs and that, moreover, decisions were agreed

upon on the same level in the three different administrations.

Therefore these three persons are responsible and guilty. But is it

possible that, by an extraordinary chance, among the persons who

directed the affairs of the Reich, as ministers or as persons holding

equivalent offices, these three persons turned out to be criminals and

the only ones to be criminals and that they had conspired among

themselves to hide from the others their criminal actions? This idea is

manifestly absurd. In view of the interpenetration of all the executive

departments in a modern state, all the leaders of the Reich were

necessarily aware of and agreed with the usurpation of sovereignty in

the occupied countries, as well as the criminal abuses resulting

therefrom.

In this chapter I shall go on to speak first of Denmark, which is a

special case. Then I shall speak of the civil administration which

existed in Norway and in Holland, and finally I shall speak of the

military administration which was the regime in Belgium and in France.

I think it would be a suitable time now for the Tribunal to have a

recess; or if the Tribunal prefers, I can continue my brief.

THE PRESIDENT: We will adjourn now.

M. FAURE: After the recess I should like to call the witness of whom I

spoke to the Tribunal yesterday. I should like to mention one fact,

however. Yesterday the lawyer for Seyss-Inquart requested that he be

allowed to cross-examine this witness on Monday. Senator Vorrink, who is

my witness, is absolutely obliged to leave Nuremberg this evening. I

think, therefore, that the lawyer for Seyss-Inquart might cross-examine

him today. In any case I should like to notify him of the modification

of the request which I made yesterday.

THE PRESIDENT: Wouldn’t it be possible, if the counsel for Seyss-Inquart

wants to cross-examine the witness, for the witness to be brought back

at some other date?

M. FAURE: My witness can of course be brought back at another date, if

it should be necessary.

THE PRESIDENT: That is what I meant. Let him go this evening in

accordance with arrangements that he has made, and then at some date

convenient to him he could be brought back if the defendant’s counsel

wants to cross-examine him.

[_A recess was taken._]

M. FAURE: Mr. President, may I ask the permission of the Tribunal to

call the witness, Jacobus Vorrink.

THE PRESIDENT: Yes, have him called.

M. FAURE: This witness speaks Dutch as his native tongue. Since the

interpreting system does not include this language, I propose that he

speak in the German language, which he knows well.

[_The witness, Jacobus Vorrink, took the stand._]

THE PRESIDENT: What is your name?

JACOBUS VORRINK (Witness): Vorrink.

THE PRESIDENT: Your Christian name, your first name?

VORRINK: Jacobus.

THE PRESIDENT: Do you swear to speak without hate or fear, to say the

truth, all the truth, and only the truth? Will you raise your right hand

and say, “I swear”?

VORRINK: I swear.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 318 / 333 题