I skip one sentence and continue:

“This German propaganda had for its essential purpose the

creation in Denmark of a nation-wide sentiment favorable to

Germany and hostile to England, but it could also represent an

attempt to prepare the ground for the introduction into Denmark

of a Nazi system of government by collecting surreptitiously all

manifestations of discontent in Denmark against the democratic

regime in order to use such data as documentary proof in the

event of a liberation action in the future. Thus, in January

1940, the propaganda was no longer content merely with attacking

England and her methods of conducting the war, or the Jews and

their mentality; but it proceeded to make serious attacks on the

mentality of the government and the Danish Parliament.”

Finally, in this connection the Danish report mentions a very revealing

incident:

“At the end of February 1940, the Danish police seized from a

German subject, a document entitled, ‘Project for Propaganda in

Denmark.’”

In saying this, I am summarizing the first paragraph of Page 7 of this

report. This document contains a characteristic sentence. It is the last

sentence in that paragraph, in German, and is in quotation marks with a

French translation in parenthesis:

“It should be possible for the Legation and its collaborators to

control the daily press.”

Germany did not limit herself to the use of her own subjects as agents

inside the country and for carrying out propaganda, but the Nazis also

inspired the organization of Danish political groups which were

affiliated with the Nazi Party.

This campaign first of all found favorable ground in southern Jutland,

where there was a German minority. The Germans thus were able to promote

the organization of a group called Schleswig’sche Kameradschaft, or SK,

which exactly corresponds to the German SA. The members of this group

received military training. Likewise a group called Deutsche

Jugendschaft Nordschleswig had been organized on the pattern of the

Hitler Jugend.

I want to call the attention of the Tribunal to the fact that I am now

summarizing the statements in the Danish report in order to avoid

reading in full. These statements are developed in detail in the

following chapters of the report and what I have just said is on Page 7.

This German infiltration had been completed by social institutions such

as the Wohlfahrtsdienst founded in 1929 at Tinglev, and the Deutsche

Selbsthilfe, founded in 1935, and also by economic organizations, the

model of which was Kreditanstalt Vogelgesang, which by very clever and

secret financing on the part of the Reich, had succeeded in taking over

important agricultural properties.

The movement formed in southern Jutland then tried to spread to the

whole of Denmark. Thus, there existed, even before the war, a National

Socialist Party of Denmark, whose leader was Fritz Clausen. We read in

the governmental report, Pages 6 and 7:

“With regard to the relations of the Party with Germany prior to

the occupation it can be said that Fritz Clausen, himself, as

well as the members of the Party, were assiduous participants at

the Party Days held in Nuremberg and at the Congress of

Streicher at Erfurt and that, in any event, Fritz Clausen

personally was in very close relation with the German Foreign

Office.

“This propagation of Nazism in Denmark, starting in southern

Jutland and spreading to the rest of the country, is illustrated

by the fact that the Nazi newspaper, called _Das Vaterland_,

which at first was published in Jutland, was transferred in

October 1939 to Copenhagen, where it was published from then on

as a morning daily.”

Such, then, was the situation when the occupation started. As I have

indicated, the Germans did not establish a formal occupation authority;

and it follows that the two principal agents for the usurpation of

sovereignty in Denmark were diplomatic representation, on the one hand,

and the Danish Nazi Party on the other.

The German Reich Plenipotentiary in Denmark was at first Von

Renthe-Fink, and from October 1942, Dr. Best.

Cases of diplomatic infringement on Danish sovereignty were numerous;

and the demands, made at first in a discreet manner, became more and

more sweeping. I shall quote, for example, a document which is contained

in the government report. This document is a memorandum submitted by the

Reich Plenipotentiary on 12 April 1941.

May I point out to the Tribunal that this text is to be found in Book

Number 3 of the report submitted. This third book is entitled, “Second

Memorandum,” or rather, it is a continuation of this third book and

there is a sheet entitled “Annex One.” I am now quoting:

“The German Reich Plenipotentiary has received instructions to

demand from the Royal Government of Denmark:

“First: A formal declaration as to whether His Majesty, the King

of Denmark, to whom M. De Kauffmann, Minister of Denmark now

refers, or any other member of the Royal Danish Government had,

prior to its publication, any knowledge of the treaty concluded

between M. De Kauffmann and the American Government.

“Second: The immediate putting into effect of the recall of M.

De Kauffmann, Minister of Denmark, by His Majesty, the King of

Denmark.

“Third: The delivery without delay to the American Chargé

d’Affaires in Copenhagen of a note disavowing M. De Kauffmann,

communicating the fact that he is being recalled, and stating

that the treaty thus concluded is not binding upon the Danish

Government, and formulating the most energetic protest against

the American procedure.

“Fourth: A communication to be published in the press, according

to which the Danish Royal Government clearly states that M. De

Kauffmann acted against the will of His Majesty, the King, and

of the Danish Royal Government and without their authorization;

that he has been recalled, and that the Danish Government

considers the treaty thus concluded as not binding upon it and

has formulated the most energetic protests against the American

procedure.

“Fifth: The promulgation of a law according to which the loss of

nationality and the confiscation of property may be pronounced

against any Danish subject who has been guilty of grave offenses

abroad against the interests of Denmark, or against the

provisions laid down by the Danish Government.

“Sixth: M. De Kauffmann is to be brought to trial for the crime

of high treason, by virtue of Article 98 of the penal code, and

of Article 3, Section 3, of the law of 18 January 1941, and to

lose his nationality in conformity with a law to be promulgated,

as mentioned under Paragraph 5.”

I believe that this very characteristic example shows how the

sovereignty of the legitimate Danish Government was violated by the

Germans. They gave orders in the sphere of international relations,

although liberty in this sphere constitutes the essential attribute of

the sovereignty and the independence of the State. They even go so far,

as the Tribunal has seen in the last two paragraphs, as to demand that a

law be passed in accordance with their wishes and that a prosecution for

high treason be made in conformity with such law, on the supposition

that it will be promulgated at their instance.

To conclude the subject, I should like to read a passage from the Danish

Government report which appears in the second supplementary memorandum

on Page 4, the third book in the green file:

“In the month of October there occurred a sudden crisis. The

Germans claimed that His Majesty, the King, had offended Hitler

by giving too short a reply to a telegram which the latter had

sent to him. The Germans reacted abruptly and with extreme

violence. The German Minister in Copenhagen was immediately

recalled. The Danish Minister in Berlin was then recalled to

Denmark. Minister Von Renthe-Fink was replaced by Dr. Best, who

arrived in the country with the title of Plenipotentiary of the

German Reich and who brought with him sweeping demands on the

part of the German Minister of Foreign Affairs, Von Ribbentrop,

including a demand for a change in the Danish Government and the

admission of National Socialists into the Government. These

demands were refused by Denmark and, the government having

dragged out the matter, they were finally abandoned by Dr.

Best.”

THE PRESIDENT: This may be a convenient time to break off.

[_The Tribunal adjourned until 4 February 1946 at 1000 hours._]

FIFTIETH DAY

Monday, 4 February 1946

_Morning Session_

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

Defendant Kaltenbrunner will be absent from this morning’s session on

account of illness.

M. FAURE: May it please the Tribunal, Mr. Dodd would like to give some

explanations.

MR. DODD: May it please the Court, with reference to the prospective

witness Pfaffenberger, over the weekend it occurred to us, after talking

with him, that perhaps if Defense Counsel had an opportunity to talk to

him we might save some time for the Court. Accordingly we made this

Witness available to Dr. Kauffmann for conversation and interview; he

has talked with him as long as he has pleased, and has notified us that

in view of this conversation he does not care to cross-examine him, and

as well other Counsel for the Defense have no desire to cross-examine

him.

THE PRESIDENT: Then the witness Pfaffenberger can be released?

MR. DODD: That is what we would like to do, at the order of the Court.

THE PRESIDENT: Very well.

M. FAURE: Gentlemen, during the last session I reached the end of the

first period of the German occupation of Denmark. In connection with

that first period I should like still to mention a circumstance which is

established by the Danish report, Document Number RF-901, second

memorandum, Page 4. I quote:

“When the German aggression against Russia took place on 22 June

1941”—that is the third book of the report—“one of the most

serious encroachments was made on the political liberties which

the Germans had promised to respect. They forcibly obliged the

government to intern the Communists, the total number of which

was 300.”

The explanations which I gave in the previous session related to the

improper interference on the part of the first instrument of German

usurpation, the diplomatic representation.

The second instrument of German interference was, as might be expected,

the local National Socialist Party of Fritz Clausen, about which I spoke

previously. The Germans hoped that in the favorable circumstances of the

occupation, and thanks to the support they would bring to it, this party

might develop enormously. But their calculations were completely wrong.

In effect, in March 1943 elections took place in Denmark; and these

elections resulted in the total defeat of the Nazi Party. This party

obtained only a proportion which represented 2.5 percent of the votes,

and it obtained only 3 seats out of 149 seats in the Chamber of

Deputies. I point out to the Tribunal that in some copies of my brief

there is a printing mistake and that 25 percent is indicated instead of

2.5 percent, which is the correct figure and which shows what very

little success the Clausen party had at the elections.

The conduct of the Germans in Denmark showed a notable change in the

period following the month of August 1943. The first reason for this

change was clearly the failure of the plan which consisted in seizing

power in a legal manner, thanks to the aid of the Clausen party. On the

other hand, about the same time, the Germans were equally disappointed

in another direction. They had sought, as has been shown in my brief on

economic questions, to mobilize Danish economy for the benefit of their

war effort. But the Danish population, which had refused political

nazification, did not wish to lend itself to economic nazification

either. And so the Danish industries and the Danish workmen offered

passive resistance, and by a legitimate reaction against the irregular

undertakings of the occupying power they organized a sabotage program.

There were strikes accompanied by various incidents. Faced with this

double failure, the Germans decided to modify their tactics.

In this connection we read in the government report, Page 6 of the

second memorandum, the following sentence:

“As a result of these events, the Plenipotentiary of the German

Reich, Dr. Best, was on 24 August 1943, called to Berlin, from

whence he returned with claims in the nature of an ultimatum

addressed to the Danish Government.”

I should now like to submit the text of this ultimatum, which is also to

be found in the official Danish report. This is Appendix Number 2 of

this report. The ultimatum is dated Copenhagen, 28 August 1943. At the

end of the first three books there are several loose sheets which are

the appendices. I now come to the second appendix—on Saturday I read

the first appendix—which is the second sheet and it has also been

copied in my brief:

“Claims of the Reich Government:

“The Danish Government must immediately declare the entire

country in a state of military emergency.

“The state of military emergency must include the following

measures:

“1. Prohibition of public gatherings of more than five persons.

“2. Prohibition of all strikes and of any aid given to strikers.

“3. Prohibition of all meetings in closed premises or in the

open air; prohibition to be in the streets between 2030 hours

and 0530 hours; closing of restaurants at 1930 hours. By 1

September 1943 all firearms and explosives to be handed over.

“4. Prohibition to hamper in any way whatsoever Danish nationals

because of their collaboration or the collaboration of their

relatives with the German authorities, or because of their

relations with the Germans.

“5. Establishment of a press censorship with German

collaboration.

“6. Establishment of courts-martial to judge acts contravening

the measures taken to maintain order and security.

“Infringement of the measures mentioned above will be punished

by the most severe penalties which can be imposed in conformity

with the law in force concerning the power of the Government to

take measures to maintain calm, order, and security. The death

penalty must be introduced without delay for acts of sabotage

and for any aid given in committing these acts, for attacks

against the German forces, for possession after 1 September 1943

of firearms and explosives.

“The Reich Government expects to receive today before. 1600

hours the acceptance by the Danish Government of the

above-mentioned demands.”

The Danish Government, mindful of its dignity, courageously refused to

yield to that ultimatum, although it found itself under the material

constraint of the military occupation. Direct encroachments upon the

sovereignty then started. The Germans themselves took the measures which

they had not succeeded in getting the national government to accept.

They declared a state of military emergency; they took hostages; they

attacked without warning, which is contrary to the laws of war; and at a

time when—let me recall it—a state of war did not exist, they attacked

the Danish Army and Navy and disarmed and imprisoned their forces. They

pronounced death sentences and deported a certain number of persons

considered to be Communists and whose internment, as I pointed out, they

had previously required. From 29 August 1943, the King, the Government,

and the Parliament ceased to exercise their functions. The

administration continued under the direction of high officials who in

urgent cases took measures called, “Emergency Laws.” During this same

period there existed three German authorities in Denmark:

First, the Plenipotentiary, who was still Dr. Best; second, the military

authority under the orders of General Hannecken, replaced subsequently

by General Lindemann; and third, the German police.

Indeed, the German police were installed in Denmark a few days after the

crisis of which I have just spoken to you. The SS Standartenführer,

Colonel Dr. Mildner, arrived in September as Chief of the German

Security; and on 1 November there arrived in Denmark as the Supreme

Chief of the Police, the Obergruppenführer and Lieutenant General of the

Police, Günther Pancke, of whom I shall have occasion to speak again.

General of Police Günther Pancke had under his authority Dr. Mildner,

whose name I mentioned at first and who was replaced on 5 January 1944

by SS Standartenführer Bovensiepen.

The Tribunal will find in the Danish Government’s report, on which I

base this information, a chart showing the German officials in Denmark.

This chart is to be found in the second memorandum, Page 2. It is

interesting, although we are not concerned here with individual cases,

insofar as it shows the organization of the German network in this

country. During the whole period which I am speaking about now, of the

three German authorities already mentioned, the police played the most

important role and was the principal organ of usurpation of sovereignty

by the Germans. For that reason we might consider that while Norway and

Holland represent cases of civil administration and Belgium and France

represent cases of military administration, Denmark represents the

typical case of police administration. At the same time we must never

forget that these different types of administration in all these

occupied countries were always interdependent. The seizure of authority

by the German police in Denmark during the period from September 1943

until the liberation was responsible for an extraordinary number of

crimes. Unlike other administrations, the police did not act under legal

or statutory regulations, but it interfered very effectually in the life

of the country by the exercise of orderly and systematic _de facto law_.

I shall have the opportunity of treating certain aspects of this police

administration in the fourth section of my brief. For the moment, within

the scope of my subject, I should like simply to cite the facts which

constitute direct and general violation of sovereignty. In this

connection, I believe that it is indispensable that I inform the

Tribunal of a quite exceptional event which took place on 19 September

1944. At that date the Germans suppressed the police—I mean the

national police of Denmark—and totally abolished this same institution

which is naturally indispensable and essential in all states.

I am going to read on this point what the government report says, second

memorandum, that is to say, still the third book of the file, Page 29. I

shall begin in the middle of the paragraph, after the first sentence.

The extract is to be found in my brief. I quote:

“The fact that the Germans had not succeeded in exerting any

influence among the Danish police or among their leaders or in

the ranks, was partly the reason why the German military

authorities at the end of the summer of 1944 began to fear the

police. Pancke explained that General Hannecken himself was

afraid that the police, numbering 8,000 to 10,000 well-trained

men, might fall upon the Germans in the event of an invasion. In

September 1944, believing that an invasion of Denmark was

probable, Pancke and Hannecken planned the disarming of the

police and the deportation of a part of it. Pancke submitted the

plan to Himmler, who consented to it in writing, adding in the

letter that the plan had been approved by Hitler. He had

moreover discussed the plan with Kaltenbrunner. The operation

was carried out by Pancke and Bovensiepen, who had discussed the

plan with Kaltenbrunner and Müller of the RSHA, and the regular

troops aided this operation with the consent of General

Hannecken.

“At 11 o’clock in the morning of 19 September 1944 the Germans

caused a false air-raid alarm to be given. Immediately

afterwards, the police soldiers forcibly entered the police

headquarters in Copenhagen as well as the police stations in the

city. Some policemen were killed. They acted in the same way

throughout the whole country. Most of the policemen on duty were

captured. In Copenhagen and in the large cities of the country

the prisoners were taken to Germany in ships, which

Kaltenbrunner had sent for this purpose, or in box cars. As has

already been said before, the treatment to which they were

subjected in German concentration camps was horrible beyond

description. In the small country towns the policemen were

freed.

“At the same time Pancke decreed what he called a state of

police emergency. The exact meaning of this expression has never

been explained, and even the Germans do not seem to have

understood what it meant. In practice, the result was that all

police activities, ordinary as well as judicial, were suspended.

Maintenance of order and public security was left to the

inhabitants themselves.

“During the last 6 months of the occupation, the Danish nation

found itself in the unheard-of situation, unknown in other

civilized countries, of being deprived of its police force and

the possibility to maintain order and public security. This

state of affairs might have ended in complete chaos if the

respect for the law and the discipline of the population,

strengthened by the indignation at this act of violence, had not

warded off the most serious consequences.”

Despite the bearing of the Danish population, the absence of the police

during these last 6 months of the occupation naturally resulted in a

recrudescence of all forms of criminality. You can get an idea of this

if you consider—and that detail will suffice—that the premiums of

insurance companies had to be raised to 480 percent—it says so in the

report—whereas previously they were limited to half of the normal rate.

We are justified in considering that the crimes committed under these

conditions involved the responsibility of the German authorities who

could not fail to foresee and who accepted this state of affairs. We see

here further proof of the total indifference of the Germans to the

consequences arising from decisions taken by them to suit their ends at

the time.

Finally, I should like to conclude this section on Denmark by quoting to

the Tribunal a passage from a document which I shall present as Exhibit

Number RF-902. This document belongs to the American documentation under

the Number 705-PS, but it has not yet been submitted, and I should like

to read an extract, one quotation, which seems to me to be interesting.

This is a report drawn up in Berlin on 12 January 1943, and concerns a

meeting of the SS Committee of the Research Institute for Germanic

Regions (Ausschuss der Arbeitsgemeinschaft für den Germanischen Raum).

At this meeting there were present 14 personages of the SS. This report

contains a special paragraph which concerns Denmark. Other paragraphs of

the same document are of interest in connection with the section which

will follow this. Therefore, in order to avoid having to refer to this

document twice, I shall read the whole of the passages which I should

like to submit as evidence. I start on Page 3 of the document, towards

the end of the page.

“Norway. In Norway the Minister Fuglesang meanwhile has become

the successor to the Minister Lunde, who has been killed in an

accident. Despite the promises made by Quisling’s party, Norway

may not be expected to furnish an important quota.

“Denmark. In Denmark the situation is extremely encouraging on

account of the taking over of power by SS Gruppenführer Dr.

Best. We may be convinced that the SS Gruppenführer Dr. Best

will furnish a classical example of the ethnical policy of the

Reich. The relations with the Party Leader Clausen have recently

become difficult. Clausen agreed only to the project for the

establishment of a Front Combatant Corps as a preliminary to the

Germanic Schutzstaffel in Denmark, on the condition that members

of this corps will be barred from membership to the Party.

Negotiations about this urgently needed central organization of

front combatants are going on. The monopoly of the Party is

untenable; all rejuvenating elements must be mobilized although

Clausen personally has to stand in the foreground but without

his clique.

“Netherlands. In the Netherlands Mussert has in the meantime

been proclaimed Führer of the Dutch people by the Reich

Commissioner, Seyss-Inquart. This measure has produced an

extremely disquieting effect in other Germanic countries,

particularly in Flanders. The decisive role again falls to the

General Commissioner whose principle of exploiting Mussert and

then dropping him cannot be accepted under a Germanic Reich

policy as approved by the SS.

“Flanders: In Flanders the development of the VNV (the Flemish

National Movement) continues to be unfavorable. Even the shrewd

policy of the new leader of the VNV, Dr. Elias, can no longer

deceive us about this. Besides, he once expressed the opinion

that Germany was prepared to make concessions in ethnological

policy only when she was in bad straits.”

This information is quite characteristic. In the first place, it is

firmly established that the Germanic regions should include Norway,

Denmark, the Netherlands, and Flanders. Naturally I speak only of the

western countries. In the second place, we clearly see how the Germans

used the Nazi-inspired local parties as an instrument for the usurpation

of sovereignty. In the third place, we see it is quite true that the

German diplomatic agents were also instruments for this policy of

usurpation and completely exceeded their normal functions. In the fourth

place, the document confirms the interdependence which existed between

the different agents of German interference, which we stressed a short

time ago and on which we cannot lay too much emphasis. The case of Dr.

Best is a good example. Dr. Best was a minister with plenipotentiary

powers; therefore, he was a diplomatic agent. We have seen that this

same Dr. Best was previously an agent of the military administration in

France, and we see by this document that besides his being a

Plenipotentiary Minister he is a General in the SS, and in this

capacity, so the document states, he seized power in Denmark. The

information contained in the document concerning Norway and the

Netherlands is a transition for the following part of this section, and

I ask the Tribunal to take the file entitled, “Norway and the

Netherlands.”

The institution of Reich Commissioner was applied in Norway and in the

Netherlands, and in these two countries only; it constitutes a definite

concept in the general plan of Germanization, in which these two

countries occupy parallel positions. In both cases the establishment of

the civil administration followed hard upon the military occupation of

the country. The military men, therefore, did not have to take over the

administration, and during the few days which preceded the appointment

of the Reich Commissioner, they confined themselves to measures

concerning order.

In Norway the decree of 24 April 1940 appointed Terboven as Reich

Commissioner. This decree is signed by Hitler, Lammers, and the

Defendants Keitel and Frick. In Holland the decree of 18 May 1940

appointed the Defendant Seyss-Inquart as Reich Commissioner. This decree

is signed by the same persons as the preceding decree, and it bears in

addition the signatures of Göring and Ribbentrop.

The decrees appointing the Reich-Commissioners also defined their

functions as well as the division of the functions between the civil

commissioner and the military authorities. I am not submitting these two

decrees as documents since they are direct acts of German legislation.

The decree concerning Norway provides in its first article:

“The Reich Commissioner has the task of safeguarding the

interests of the Reich, and of exercising supreme power in the

civil domain.”—The decree adds—“The Reich Commissioner is

directly under me and receives from me directives and

instructions.”

As far as the division of functions is concerned, I give the text of

Article 4, “The Commander of the German troops in Norway exercises the

rights of military sovereignty. His orders are carried out in the civil

domain by the Reich Commissioner.”

This decree was published in the _Official Gazette of German Decrees_

for 1940, Number 1. The same instructions are given in a similar decree

of 18 May 1940 concerning the Netherlands. The establishment of

Reich-Commissioners was accompanied at the beginning by some

pronouncement intended to reassure the population. Terboven proclaimed

that he intended to limit, as much as possible, the inconveniences and

costs of the occupation. This is in a proclamation of 25 April 1940

which is in the _Official Gazette_, Page 2.

Likewise, after his appointment, the Defendant Seyss-Inquart addressed

an appeal to the Dutch people. This is to be found in the _Official

Gazette_ for Holland for 1940, Page 2, and in it he expressed himself as

follows—he starts off with a categorical phrase:

“I shall take all measures, including those of a legislative

nature, which will be necessary for carrying out this

mandate”—and he says also—“it is my will that the laws in

force up to now shall remain in force and that the Dutch

authorities shall be associated with the carrying out of

government affairs and that the independence of justice be

maintained.”

But these promises were not kept. It is evident that the Reich

Commissioner was to become in Norway and in Holland the principal

instrument for the usurpation of sovereignty. He was to act, however, in

close relation with a second instrument of usurpation, the National

Socialist organization in the country. This collaboration of the local

Nazi Party with the German authority, represented by the Reich

Commissioner, took perceptibly different forms in each of the two

countries under consideration. Thus, the exercise of power by the Reich

Commissioner presents in itself differences between Norway and Holland

which were more apparent than real.

In both countries the local National Socialist Party existed before the

war. It grew and was inspired by the German Nazi Party and had its place

in the general plan of war preparations and the plan for Germanization.

I should like to give some information concerning Norway.

The National Socialist Party was called “Nasjonal Samling.” It had as

leader the famous Quisling. It was a perfect imitation of the German

Nazi Party. I submit to the Tribunal as Document Number RF-920, the text

of the oath of fidelity subscribed to by members of this Nasjonal

Samling Party. I quote:

“My pledge of allegiance: I promise on my honor:

“1. Unflinching allegiance and loyalty towards the National

Socialist movement, its idea, and its Führer.”—This is the

third page of the Document RF-920.

“2. To stand up energetically and fearlessly for the cause,

always to offer reliability and loyal discipline at my work, and

to do all I can in order to acquire the knowledge and abilities

which my work for the Movement demands.

“3. To the best of my abilities to live in compliance with the

National Socialist concept and to show solidarity,

understanding, and good comradeship to all my companions.

“4. To obey any orders given by the Führer or by his appointed

officials insofar as such orders are not in disagreement or do

not violate the directions of the Führer.

“5. Never to reveal to unauthorized persons details of NS

methods of work or anything detrimental to the Movement.

“6. At all times to make the utmost effort to contribute to the

progress of the Movement, and to the achievement of its purpose,

and to play the part in the fighting organization which I have

undertaken to do under promise of fidelity, quite conscious that

I should be guilty of an unworthy and vile act if I broke this

promise.

“7. If circumstances should make it impossible for me to

continue as a member of the fighting organization, I promise to

withdraw in a loyal manner. I shall remain bound by the vow of

secrecy which I made and I shall do nothing to harm the

Movement.

“Our aim. The aim of the Nasjonal Samling is: A new state, a

Norwegian and Nordic fellowship within the world community,

organically constructed on the basis of work, with a strong and

stable administration, a combination of common and private

weal.”

This party therefore conforms completely to the Leadership Principle and

while it shows a Norwegian facade, it is nothing but a facade. In fact

on the very day of the invasion the Nazis imposed the establishment of

an alleged Norwegian Government, presided over by Quisling. At that time

the Norwegian Supreme Court appointed a board of officials who were to

be invested, under the title of Administrative Council, with powers of

higher administration. This Administrative Council constituted

therefore, in the exceptional circumstances in which it was set up, a

qualified authority for representing the legitimate sovereignty, at

least in a conservative way. It functioned only for a short time. By

September the Nazis found that it was not possible for them to obtain

the participation or even passive acceptance of the Administrative

Council and of the administrators. They themselves then appointed 13

commissioners, of whom 10 were selected among the members of the

Quisling party. Quisling himself did not exercise any nominal function,

but he remained the Führer of his party.

Finally, a third period began on 1 February 1942. At that date Quisling

returned to power as Minister President, and the commissioners

themselves assumed the title of ministers. This situation lasted until

the liberation of Norway. Thus, except for a few months in 1940, the

Germans completely usurped all sovereignty in Norway. This sovereignty

was divided between their direct agent, the Reich Commissioner, and

their indirect agents, first called State Councillors and then the

Quisling Government, but always an emanation of National Socialism.

There is no doubt whatever that the independence of these organizations

vis-à-vis the German authorities was absolutely nil. The fact that the

second organization was called a government did not mean a strengthening

of its autonomous authority. These were merely differences of form, the

nature of which I shall point out to the Tribunal. I submit, in this

connection, two documents, Documents RF-921 and RF-922. By comparing

these two documents you will see that what I have just affirmed is

correct. These two documents are instructions addressed by the Reich

Commissioner to his offices concerned with legislative procedure.

Document Number RF-921 is dated 10 October 1940; that is the very

beginning of the period of the State Councillors. I quote an extract

from this document, “All the decrees of the State Councillors must be

submitted to the Reich Commissioner before publication.” This is to be

found in the second paragraph. It is the only point which I should like

to bring out in this document. Therefore all the decrees of the higher

Norwegian administration were under the control of the Reich

Commissioner.

The second document, Document Number RF-922, is dated 8 April 1942. It

relates to the period shortly after the establishment of the second

Quisling Government. I start at the second sentence of this document:

“In view of the formation of the National Norwegian Government

on 1 February 1942 the Reich Commissioner has decided that from

now on this form of agreement”—a prior agreement in

writing—“is no longer required. Nevertheless, this modification

of formal legislative procedure does not mean that the Norwegian

Government may proclaim laws and decrees without the knowledge

of the competent department of the Reich Commissioner. His

Excellency, the Reich Commissioner, expects every department

chief to acquaint himself, by close contact with the competent

Norwegian departments, with all legislative measures which are

in preparation, and to find out in each case whether these

measures concern German interests, and to assure himself, if

necessary, that German interests will be taken into

consideration.”

Thus, in the one case, there is a formal control with written

authorization. In the other case there is a control by information among

the different departments, but the principle is the same. The

establishment of local authority under one form or under another form

was merely a means of finding out the best way of deceiving public

opinion. When the Germans put Quisling into the background, it was

because they thought the State Councillors, being less well-known, might

more easily deceive the public. When they returned Quisling, it was

because the first maneuver had obviously failed and because they thought

that perhaps the official establishment of an authority qualified as

governmental would give the impression that the sovereignty of the

country had not been abolished. One might, however, wonder what was the

reason for these artifices and why the Nazis used them, instead of

purely and simply annexing the country. There is a very important reason

for that. It operates for Norway and it will operate for the

Netherlands. The Nazis always preferred to maintain the fiction of an

independent state and to gain a definite hold from within by using and

developing the local Party. It is with this end in view that they

granted the Party in Norway advantages of prestige; and if they did not

act in an identical manner in Holland, their general conduct was,

however, imbued with the same spirit.

This policy of the Germans in Norway is perfectly illustrated by the

Norwegian law, or so-called Norwegian law, of 12 March 1942, (Norwegian

_Official Gazette_, 1942, Page 215, which I offer in evidence as

Document Number RF-923). I quote:

“Law concerning the Party and the State, 12 March 1942, Number

2.

“Paragraph 1. In Norway the Nasjonal Samling is the fundamental

party of the State and closely linked with the State.

“Paragraph 2. The organization of the Party, its activity, and

the duties of its members are laid down by the Führer of the

Nasjonal Samling.

“Oslo, 12 March 1942”—signed—“Quisling, Minister President.”

On the other hand, the Nazis organized on a large scale the system of

the duplication of functions which existed among the higher authorities.

In fact, it is the transposition of the German system, which shows a

constant parallelism between the state administration and the party

organizations. Everywhere German Nazis were installed to second and

supervise the Norwegian Nazis who had been put in official positions.

As this point is interesting from the point of view of seizure of

sovereignty and of action taken in the administration, I think I may

submit two documents, which are Documents RF-924 and RF-925. These are

extracts of judicial interrogations by the Norwegian Court of two high

German officials of the Reich Commission at Oslo. Document Number RF-924

refers to the interrogation of Georg Wilhelm Müller, interrogation dated

5 January 1946. Wilhelm Müller was the Ministerial Director in the

Ministry for Public Enlightenment and Propaganda. The information which

he gives concerns more particularly the functioning of the propaganda

service, but similar methods were used in a general way, as this

statement admits. I quote Document RF-924:

“Question: ‘In 1941 nobody in your country thought that military

difficulties would arise. At that time they certainly tried to

mold the Norwegian people along Nationalist Socialist lines?’

“Answer: ‘They did this until the very end.’

“Question: ‘Which were the practical measures for achieving this

National Socialist molding?’

“Answer: ‘They supported the NS Samling as far as possible; and

they did it, in the first place, by strengthening the Party

organization considerably.’”

I may point out that this translation into French is not first rate; it

is, however, comprehensible.

“Question: ‘In what way was it strengthened?’

“Answer: ‘In each Fylke’—or province—‘picked German National

Socialists were assigned to aid the Norwegian National

Socialists.’

“Question: ‘Were there other practical measures?’

“Answer: ‘That was done in all domains, even in the field of

propaganda, by the Einsatzstab propagandists placed at their

disposal. This was also done in Oslo at the central offices of

the NS Samling.’

“Question: ‘How did these propagandists work?’

“Answer: ‘They worked closely with similar Norwegian

propagandists and made suggestions to them. Grebe did this by

virtue of his double capacity as Chief of Propaganda in the

Reichskommissariat and Chief of the Landesgruppe.’

“Question: ‘How was this done?’

“Answer: ‘These consultations and conferences were even arranged

for the very top of the Party hierarchy. There was a man who was

specially appointed for this; first Wegeler, then Neumann, then

Schnurbusch, who had the task of strengthening National

Socialist ideas within the NS Samling.’

“Question: ‘In the Einsatzstab there were experts from the

different branches whose task it was to contact Norwegians and

give them useful advice. In what domains?’

“Answer: ‘There were organizers, and above all instructors for

the Hird, leaders of the SA and SS. Until he, himself, became

leader of the Einsatzstab, we had at the head a press man, a

propagandist, Herr Schnurbusch, an accountant, an expert on

social welfare questions in the same way as in the NSV in

Germany.’”

The Tribunal will notice in this document the name of Schnurbusch, as

being that of the leader of the Einsatzstab, and of the organism for

liaison with, and penetration into, the local Party. I am now going to

quote an extract from the interrogation of Schnurbusch, which is found

in Document Number RF-925.

THE PRESIDENT: Are you putting these documents in?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 324 / 333 题