M. FAURE: You are the General Secretary of the University of Louvain?

VAN DER ESSEN: Yes.

M. FAURE: You have stayed in Belgium during the whole period of the

occupation?

VAN DER ESSEN: To the end; from the end of July 1940 I never left

Belgium.

M. FAURE: Can you give information on the destruction of the Library of

Louvain?

VAN DER ESSEN: It will be remembered that in 1914 this library, which

was certainly one of the best university libraries in Europe, containing

many early printed books, manuscripts and books of the 16th and 17th

centuries, was systematically destroyed by means of incendiary material

by the German soldiers of the 9th Reserve Corps, commanded by General

Von Ston. This time, in 1940, the same thing happened again. This

library was systematically destroyed by the German Army; and in order

that you may understand, I must first say that the fire began, according

to all the witnesses, during the night from the 16th to the 17th of May

1940 at about 1:30 in the morning. It was on the 17th at dawn that the

English Army made the necessary withdrawal maneuver to leave the Q. W.

line of defense. On the other hand, it is absolutely certain that the

first German troops entered on the morning of the 17th, only about 8

o’clock. This interval between the departure of the British troops, on

the one hand, and the arrival of the Germans on the other, enabled the

latter to make it appear as if the library had been systematically

destroyed by the British troops. I must here categorically give the lie

to such a version. The library of the University of Louvain was

systematically destroyed by German gun fire.

Two batteries were posted, one in the village of Corbek, and the other

in the village of Lovengule. These two batteries on each side

systematically directed their fire on the library and on nothing but the

library. The best proof of this is that all the shells fell on the

library; only one house near the library received a chance hit. The

tower was hit 11 times, 4 times by the battery which fired from

Lovengule, and 7 times by the battery which fired from Corbek.

At the moment when the Lovengule battery was about to begin firing the

officer who commanded it asked an inhabitant of the village to accompany

him into the field; when they arrived at a place from where they could

see the tower of the library, the officer asked, “Is that the tower of

the university Library?” The reply was “Yes.” The officer insisted, “Are

you sure?” “Yes,” replied the peasant, “I see it every day, as you see

it now.”

Five minutes later the shelling began, and immediately a column of smoke

arose quite near the tower. So there can be no doubt that this

bombardment was systematic and aimed only at the library. On the other

hand, it is also certain that a squadron of 43 airplanes flew over the

library and dropped bombs on the monument.

M. FAURE: M. Van der Essen, you are a member of the official Belgian

Commission for War Crimes?

VAN DER ESSEN: Yes.

M. FAURE: In this capacity you investigated the events of which you

speak?

VAN DER ESSEN: Yes, indeed.

M. FAURE: The information which you have given the Tribunal, then, is

the result of an inquiry which you made and evidence by witnesses which

you heard yourself?

VAN DER ESSEN: What I have just stated here is most certainly the result

of the official inquiry made by the Belgian War Crimes Commission,

assisted by several witnesses heard under oath.

M. FAURE: Can you give information on the attempt at nazification of

Belgium by the Germans, and especially the attempt to undermine the

normal and constitutional organization of the public authorities.

VAN DER ESSEN: Certainly. First, I think it is interesting to point out

that the Germans violated one of the fundamental principles of the

Belgian Constitution and institutions, which consisted of the separation

of powers, that is to say, separation of judicial powers, of executive

powers, and legislative powers; because in the numerous organizations of

the New Order, which they themselves created either by decree or by

suggesting the creation of these organizations to their collaborators,

they never made a distinction between legislative and executive powers.

Also, in these organizations freedom of speech for the defense was

never, or very little, respected. But what is much more important is

that they attacked an organization which goes far back in our history,

which dates back to the Middle Ages; I mean the communal autonomy which

safeguards us and safeguards the people against any too dangerous

interference on the part of the central authority. This is what happened

in this domain: It would be sufficient to read, or to have read for a

short time, the present day Belgian newspapers, to observe that the

burgomasters, that is to say the chiefs of the communes, the aldermen of

the principal Belgian towns, such as Brussels, Ghent, Liège, Charleroi,

and also of many towns of secondary importance—all these aldermen and

burgomasters are either in prison or about to appear before

courts-martial.

That shows sufficiently, I think, that these burgomasters and these

aldermen are not those who were appointed by the King and by the Belgian

Government before 1940, but all of them were people who were imposed by

the enemy by means of groups of collaborators, VNV or “Rexists.”

It is of capital importance to establish that fact, because the

burgomaster, as soon as he was directly responsible to the central

authority—in other words, as soon as the Leadership Principle was

applied—could interfere in all kinds of ways in the administrative,

political, and social life. The burgomaster appointed the aldermen; the

aldermen appointed the communal officials and employees, and the moment

the burgomaster belonged to that Party and was appointed by that Party,

he appointed as communal officials members of the Party who could refuse

ration cards to refractory people, or order the police to give, for

instance, the list of Communists, or of those suspected of being

Communists; in short, they could interfere in almost any way they

wished, and by every possible means, in the communal life of Belgium.

If we examine the big towns and the small towns, we can say that

everywhere there was truly a veritable network of espionage and

interference following the events or acts of which I have just informed

you.

M. FAURE: It is true, then, to say that this meddling by the Germans

with the administration of the communes constituted a seizure of Belgian

national sovereignty?

VAN DER ESSEN: Certainly, since it made the fundamental principle of the

Belgian constitution disappear, that is to say, the sovereignty that

belongs to the nation and more especially to the Communal Council which

appointed aldermen and burgomasters. From then on it was impossible for

them to make themselves heard in the normal way, so that the sovereignty

of the Belgian people was directly attacked by the fact itself.

M. FAURE: Since you are a professor of higher education, can you give us

information concerning the interference in education?

VAN DER ESSEN: Yes, sir, certainly.

First, there was interference in the domain of elementary and secondary

education through the General Secretary of Public Education, on whom the

Germans exercised pressure. A commission was set up which was entrusted

with the task of purging the text books. It was forbidden to use text

books which mentioned what the Germans did in Belgium during the 1914-18

war; this chapter was absolutely forbidden. The booksellers and

publishing houses could still sell these books, but only on the

condition that the bookseller or library should tear out this chapter.

As for new books which had to be reprinted or republished, this

commission indicated exactly which ones should be cancelled or removed.

That was serious and alarming interference with primary and secondary

education.

As regards higher education, the interference was unleashed, so to

speak, from the very beginning of the occupation; and first of all, for

motives which I need not explain here but which are well known, in the

free University of Brussels.

The Germans first imposed on the University of Brussels a German

Commissioner, who thus had in his hands the whole organization of the

university and even controlled it, as far as I know, from the point of

view of accountancy. Moreover they imposed exchange professors. But

serious difficulties began the day when, in Brussels as elsewhere, they

required that they should be informed of all projects of new

appointments and all new appointments of professors, in the same way as

the assignment of lecture courses and other subjects taught in the

university. The result was that in Brussels, by virtue of this right

which they had arrogated, they wished to impose three professors, of

whom two were obviously not acceptable to any Belgian worthy of the

name. There was one, notably, who, having been a member of the Council

of Flanders during the occupation of 1914-18, had been condemned to

death by the justice of this country and whom they wanted to impose as a

professor in the University of Brussels in 1940. Under these conditions

the university refused to accept this professor, and this was considered

by the occupying authorities as sabotage.

As a penalty, the President of the Board of the University, the

principal members of the board, the deans of the principal faculties,

and a few other professors, who were especially well known as being

anti-Fascists, were arrested and imprisoned in the prison of Witte with

the aggravating circumstance that they were considered as hostages and

that, if any act whatsoever of sabotage or resistance occurred, they,

being hostages, could be shot.

As far as the other universities were concerned, as I have just said

here, they wished to impose exchange professors. There were none at

Louvain because we refused categorically to receive them, the more so as

it appeared that these exchange professors were not, primarily, scholars

who had come to communicate the result of their researches and their

scientific work, but a great many of them were observers for the

occupying authorities.

M. FAURE: In this connection, is it true that the Belgian authorities

discovered the report made by one of these so-called “invited”

professors?

VAN DER ESSEN: That is indeed the case. The Belgian authorities got hold

of a report by Professor Von Mackensen, who was sent as an exchange

professor to the University of Ghent. In this report—drawn up with

infinite care and which is extraordinarily interesting to read because

of the personal and psychological observations which it contains

concerning the various members of the faculty of Ghent—in this report

we see that everyone was observed and followed day by day, that his

tendencies were labeled, that a note was made as to whether he was for

or against the system of the occupying power, or whether he had any

relations with students who were N.P. or Rexists. The slightest

movements and actions of all the professors were carefully noted; and I

add, with great care and precision. It was almost a scientific piece

. . .

M. FAURE: M. Van der Essen, I described this morning to the Tribunal

various incidents which occurred in the University of Louvain, of which

you were the General Secretary. Therefore I should like you to tell the

Tribunal briefly the actual facts connected with these incidents,

especially, those connected with the imprisonment of the Rector

Monseigneur Van Wayenberg.

VAN DER ESSEN: Yes, indeed, sir. Serious difficulties began in the

University of Louvain after the appearance of the decree of compulsory

labor of 6 March 1943, by which students of the university were forced

to accept compulsory labor. I would add, not in Reich territory, but in

Belgium. But this action, which was held out to the university students

as a sort of privilege, was entirely inacceptable to Belgian patriots

for the simple reason that, if the university students accepted to go

and work in the Belgian factories, they automatically expelled workmen,

who were then sent to Germany as the students took their place.

That was the first reason why they did not wish to work for the enemy;

the second was because, from a social point of view, they wanted to show

solidarity with the workers, who suffered very much because the students

had refused. At least two-thirds of the students of Louvain refused to

do compulsory work. They became refractory, the classes became empty,

they hid themselves as best they could, and several went into the

Maquis.

The German authorities, when they saw the way things were going,

demanded that the list of students be given to them, with their

addresses, so that they could arrest them in their homes or, if they

couldn’t find them, they could arrest a brother, or sister, or father,

or any member of the family in their place. This was the principle of

collective responsibility which was applied here the same as in all

other cases.

After having used gentle means, they resorted to blackmail and ended up

by adopting really brutal measures. They renewed the raids, they

dismissed Dr. Tschacke and Dr. Kalische, I think, and many others. They

ordered searches to be made in the university offices to lay their hands

on the list of students; but as this list was carefully hidden, they had

to go away empty-handed. It was then that they decided to arrest the

Rector of the University, Monseigneur Van Wayenberg, who had hidden the

lists in a place known only to him. He declared that he alone knew the

place so as not to endanger his colleagues and the members of the

faculty.

One morning in June two members of the Secret Police from Brussels,

accompanied by Military Police, came to the Hall. They arrested the

rector in his office and transferred him to the prison of Saint-Gilles

in Brussels, where he was imprisoned. Shortly afterwards he appeared

before a German tribunal which condemned him to 18 months imprisonment

for sabotage. To tell the truth, he was in jail for only 6 months,

because the doctor of Saint-Gilles saw that the rector’s health was

beginning to fail and it would be dangerous to keep him longer if one

wished to avoid a serious incident, also because of the many petitions

by all sorts of authorities. Thus the rector was freed. However, he was

forbidden to set foot on the territory of Louvain; and they enjoined the

university to appoint, immediately, another rector. This was refused.

M. FAURE: Very well. Is it true to say that the German authorities

persecuted, more systematically, persons who belonged to the

intellectual elite?

VAN DER ESSEN: Yes, there can be no doubt as to this. I might give, as

examples, the following facts:

When hostages were taken it was nearly always university professors,

doctors, lawyers, men of letters, who were taken as hostages and sent to

escort military trains. At the time when the resistance was carrying out

acts of sabotage to railways and blowing up trains, university

professors from Ghent, Liège and Brussels, whom I know, were taken and

put in the first coach after the locomotive so that, if an explosion

took place, they could not miss being killed. I know of a typical case,

which will show you that it was not exactly a pleasure trip. Two

professors of Liège, who were in a train of this kind, witnessed the

following scene: The locomotive passed over the explosive. The coach in

which they were, by an extraordinary chance, also went over it; and it

was the second coach containing the German guards which blew up, so that

all the German guards were killed.

On the other hand, several professors and intellectuals were deported to

that sinister camp of Breendonck, about which you know, some for acts of

resistance, others for entirely unknown reasons; others were deported to

Germany. Professors from Louvain were sent to Buchenwald, to Dora, to

Neuengamme, to Gross-Rosen, and perhaps to other places too. I must add

that it was not only professors from Louvain who were deported, but also

intellectuals who played an important role in the life of the country. I

can give you immediate proof. At Louvain, on the occasion of the

reopening ceremony of the university this year, as Secretary General of

the University, I read out the list of those who had died during the

war. This list included 348 names, if I remember rightly. Perhaps some

thirty of these names were those of soldiers who died during the Battles

of the Scheldt and the Lys in 1940, all the others were victims of the

Gestapo, or had died in camps in Germany, especially in the camps of

Gross-Rosen and Neuengamme.

Moreover, it is certain that the Germans hated particularly the

intellectuals because, from time to time, they organized a synchronized

campaign in the press to give prominence to the fact that the great

majority of intellectuals refused categorically to rally to the New

Order and refused to understand the necessity for the struggle against

bolshevism. These articles always concluded by stressing the necessity

of taking measures against them. I remember well certain newspaper

articles which simply proposed to send these intellectuals to

concentration camps. There can be no doubt therefore that the

intellectuals were deliberately selected.

M. FAURE: I shall ask you no questions on anything relating to

deportations or to camps, because all that is already well known to the

Tribunal. I shall ask you, when replying to the following question, not

to mention deportation.

Now, my question concerns the whole of the atrocities which were

committed by the Germans in Belgium and, especially, at the time of the

December 1944 offensive by the German armies. Can you give information

concerning these atrocities?

VAN DER ESSEN: Yes, sir. As a matter of fact, I can give you exact and

detailed information, if necessary, on the crimes and atrocities

committed during the offensive of Von Rundstedt in the Ardennes, because

as a member of the War Crimes Commission I went there to make an

inquiry, and I questioned witnesses and survivors of these massacres;

and I know perfectly well, from personal knowledge, what happened.

During the Von Rundstedt offensive in the Ardennes they committed crimes

which were truly abominable in 31 localities of the Ardennes, crimes

committed against men, women, and children. These crimes were committed,

on the one hand, as it happened elsewhere and as it happens in all wars,

by individual soldiers, so I shall let that pass; but what I

particularly want to stress are the crimes committed by whole units who

received formal instructions, as well as crimes committed by known

organizations; if I remember rightly, I think they were called Kommandos

zur besonderen Verwendung, that is to say, commandos with special tasks

which operated unchecked not only in the Belgian Ardennes but which also

committed the same kind of crimes, carried out in the same way, in the

Grand Duchy of Luxembourg.

As regards the first, the crimes committed by whole units, I should like

merely to give one very typical example, in order not to take up the

time of the Tribunal. It happened at Stavelot, where about 140

persons—the number varies, let us say between 137 and 140—first it was

137, then they discovered some more bodies—about 140 persons, of whom

36 were women and 22 were children, of which the oldest was 14 years and

the youngest 4 years, were savagely slaughtered by German units

belonging to SS tank divisions, one the Hohenstaufen Division, the other

the SS Leibstandarte Adolf Hitler Division. This is what the divisions

did. We have full information about this from the testimony of a soldier

who took part in it. He was arrested by the Belgian Security Police. He

deserted during the Von Rundstedt campaign, dressed himself as a

civilian, and then worked as a laborer on an Ardennes farm. One day as

he was working stripped to the waist, he was seen by Belgian gendarmes,

who saw by the tattooing on his body that he was an SS man. He was

immediately arrested and interrogated.

This is the method used by the soldiers of the Hohenstaufen Division.

There was a line of tanks, some were Königstiger (Royal Tigers),

followed and preceded by Schützenpanzer. At a certain moment the

Obersturmführer of this group stopped his men and delivered them a

little speech telling them that all civilians whom they encountered

should be killed. They then went back to their tanks, and as the tanks

advanced along the road, the Obersturmführer would point to a house.

Then the soldiers entered it with machine guns in their hands. If they

found people in the kitchen, they killed them in the kitchen; if they

found them sheltering in the cellar, they machine-gunned them in the

cellar; if they found them on the road, they killed them on the road.

Not only the Hohenstaufen Division, but also the Leibstandarte Adolf

Hitler Division, and others acted in this manner on formal orders

according to which all civilians were to be killed. And what was the

reason for this measure? Precisely because, during the retreat in

September, it was mainly in that part of the Ardennes that the

resistance went into action and quite a number of German soldiers were

killed during that retreat. It was therefore to revenge this defeat, to

avenge themselves for the action of the resistance, that orders were

given that all civilians should be killed without mercy during the

offensive launched in this region.

As far as the other method is concerned, this is still more important

from the point of view of responsibility, for it concerns persons

commanding troops of the Sicherheitspolizei, that is to say, of the

Security Police, who in most villages they came to immediately set about

questioning the people as to those who had taken part in the resistance,

about the secret army, where these people lived, whether they were still

there or whether they had fled. In short, they had special typed

questionnaires with 27 questions, always the same, which were put to

everyone in the villages to which they came.

Here again I shall proceed as I did in the first case. In order not to

take up too much of the Tribunal’s time, I shall simply give the example

of Bande, in the Arrondissement of Marche. At Bande one of these SD

detachments, the officers of which said they were sent especially by

Himmler to execute members of the resistance, seized all men between 17

and 32 years of age. After having questioned them thoroughly and after

sorting them out in a quite arbitrary manner—they didn’t keep any

people belonging to the resistance, for most of them had never taken

part in it; there were only four who were members of the

resistance—they led them away along the road from Marche to Basteuil

with their hands raised behind their heads. When they reached a ruined

house, which had been burned down in September, the officer who

commanded the detachment posted himself at the entrance of the house, a

Feldwebel joined him and put his hand on the shoulder of the last man of

the third row who was making his way towards the entrance to the house;

and there the officer, armed with a machine gun, killed a prisoner with

a bullet in the neck. Then this same officer executed in this manner the

34 young men who had been kept back.

Not content with killing them, he kicked the bodies into the cellar; and

then fired a volley of machine gun bullets to make sure that they were

dead.

M. FAURE: M. Van der Essen, you are a historian; you have taught

scholars; therefore you are accustomed to submitting the sources of

history to criticism. Can you say that your inquiry leaves no doubt in

your mind, that these atrocities reveal that there was an over-all plan

and that instructions were certainly given by superior officers?

VAN DER ESSEN: I think that I can affirm it, I am quite convinced that

there was an over-all plan.

M. FAURE: I would like to ask you a last question: I think I understood

that you yourself were never arrested or particularly worried by the

Germans. I would like to know if you consider that a free man, against

whom the German administration or police have nothing in particular,

could during the Nazi occupation lead a life in accordance with the

conception a free man has of his dignity?

VAN DER ESSEN: Well, you see me here before you, I weigh 67 kilos, my

height is 1 meter 67 centimeters. According to my colleagues in the

Faculty of Medicine that is quite normal. Before the 10th of May 1940,

before the airplanes of the Luftwaffe suddenly came without any

declaration of war and spread death and desolation in Belgium, I weighed

82 kilos. This difference is incontestably the result of the occupation.

But I don’t want to dwell on personal considerations or enter into

details of a general nature or of a theoretical or philosophical nature.

I should like simply to give you an account—it will not take more than

2 minutes—of the ordinary day of an average Belgian during the

occupation.

I take a day in the winter of 1943: At 6 o’clock in the morning there is

a ring at the door. One’s first thought—indeed we all had this

thought—was that it was the Gestapo. It wasn’t the Gestapo. It was a

city policeman who had come to tell me that there was a light in my

office and that in view of the necessities of the occupation I must be

careful about this in the future. But there was the nervous shock.

At 7:30 the postman arrives bringing me my letters; he tells the maid

that he wishes to see me personally. I go downstairs and the man says to

me, “You know, Professor, I am a member of the secret army and I know

what is going on. The Germans intend to arrest today at 10 o’clock all

the former soldiers of the Belgian Army who are in this region. Your son

must disappear immediately.” I hurry upstairs and wake up my son. I make

him prepare his kit and send him to the right place. At 10 o’clock I

take the tram for Brussels. A few kilometers out of Louvain the tram

stops. A military police patrol makes us get down and lines us

up—irrespective of our social status or position—in front of a wall,

with our arms raised and facing the wall. We are thoroughly searched,

and having found neither arms nor compromising papers of any kind, we

are allowed to go back into the tram. A few kilometers farther on the

tram is stopped by a crowd which prevents the tram from going on. I see

several women weeping, there are cries and wailings. I make inquiries

and am told that their men folk living in the village had refused to do

compulsory labor and were to have been arrested that night by the

Security Police. Now they are taking away the old father of 82 and a

young girl of 16 and holding them responsible for the disappearance of

the young men.

I arrive in Brussels to attend a meeting of the academy. The first thing

the president says to me is:

“Have you heard what has happened? Two of our colleagues were

arrested yesterday in the street. Their families were in a

terrible state. Nobody knows where they are.”

I go home in the evening and we are stopped on the way three times, once

to search for terrorists, who are said to have fled, the other times to

see if our papers are in order. At last I get home without anything

serious having happened to me.

I might say here that only at 9 o’clock in the evening can we give a

sigh of relief, when we turn the knob of our radio set and listen to

that reassuring voice which we hear every evening, the voice of Fighting

France: “Today is the 189th day of the struggle of the French people for

their liberation,” or the voice of Victor Delabley, that noble figure of

the Belgian radio in London, who always finished up by saying, “Courage,

we will get them yet, the Boches!” That was the only thing that enabled

us to breathe and go to sleep at night.

That was an average day, a normal day of an average Belgian during the

German occupation. And you can well understand that we could hardly call

that time the reign of happiness and felicity that we were promised when

the German troops invaded Belgium on 10 May 1940.

M. FAURE: Excuse me, M. Van der Essen. The only satisfaction that you

had was to listen to the London radio; this was punished by a severe

penalty, if you were caught, I suppose?

VAN DER ESSEN: Yes, it meant imprisonment.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 328 / 333 题