M. FAURE: I have no questions.

THE PRESIDENT: The witness may retire.

[_The witness left the stand._]

M. FAURE: I ask the Tribunal kindly to take the presentation file and

the document book constituting the end of the section on the seizure of

sovereignty, which bears the title “France.”

France, like Belgium, was placed under the regime of the military

occupation administration. There was, moreover, in France a diplomatic

representation. Finally, it must be noted that the police administration

always played an important role there. It became increasingly important

and was extended, particularly during the period which followed the

appointment of General Oberg in 1942.

As regards this last part of my section on the seizure of sovereignty, I

should like to limit myself to mentioning a few special features of

these usurpations in France and certain original methods employed by the

Germans in this country, for this question has already been extensively

dealt with, and will be further dealt with by me under the heading of

consequences of German activities in France.

I wish to draw the attention of the Tribunal to four considerations.

First, the German authorities in France, at the very beginning, got hold

of a special key to sovereignty. I speak of the splitting up of the

country into five different zones. This splitting up of the country by

the Germans compensated to a certain extent for the special situation

which the existence of unoccupied French territories created for them.

I have already indicated that the Armistice Convention of 22 June, which

has already been deposited with the Tribunal, provided for the

establishment of a line of demarcation between the occupied zone and the

so-called unoccupied zone. It might have been thought at that time that

this demarcation between the occupied and the unoccupied zone was

chiefly drawn to meet the necessity of military movements in the

occupied zone. It might also have been concluded that the separation of

the zones would be manifested only through the exercise in the occupied

zone of the ordinary rights of an armed force occupation. I have already

had occasion to quote to the Tribunal a document, the testimony of M.

Léon Noël, which contained the verbal assurances given in this respect

by General Keitel and by General Jodl, who are now the defendants before

you bearing these names.

Now, in fact, this demarcation of zones was interpreted and applied with

extreme rigor and in a manner that was wholly unforeseen. We have

already seen the far reaching consequences of this from the point of

view of the economic life of the country. There were also serious

consequences from the point of view of local administration, which was

continually hampered in its tasks, and from the point of view of the

life of the population, which could move from one part of French

territory to another only with great difficulty. In this way the Germans

acquired a first means of pressure on the French authorities. This means

of pressure was all the more effective as it could be used at any time

and was very elastic. At times the Germans could relax the rules of

separation of the zones, at others they could apply them with the

greatest severity.

By way of example, I quote an extract from a document, which I present

in evidence under the Document Number RF-1051.

This document is a letter of 20 December 1941 addressed by Schleier of

the German Embassy to the French Delegate De Brinon, a letter concerning

passes to German civilians wishing to enter the unoccupied zone. The

French authorities of the _de facto_ government had protested against

the fact that the Germans obliged the French authorities to allow any

person provided with German passes to enter the unoccupied zone where

they could take on any kind of work, particularly spying, as one may

imagine.

The letter which I quote is in answer to this French protest, and I wish

to mention only the last paragraph which is the second paragraph on page

2 of this Document Number 1051.

“In case the French Government should create difficulties

concerning requests for passes presented with the German

approval, it will no longer be possible to exercise that same

generosity as shown hitherto when granting passes to French

nationals.”

But what I have just said is only a first point concerning the division

of the country. This first division had as basis an instrument which was

the Armistice Convention, although this basis was exceeded and was

contestable. On the other hand, the other divisions which I am going to

mention were simply imposed by the Germans without warning of any kind,

and without the enunciation of any plausible pretext.

I must recall that a first supplementary division was that which

separated the annexed Departments of the Haut-Rhin, the Bas-Rhin, and

the Moselle from the rest of France; and in this connection I have

already proved that they had been really annexed.

A second division affected the Departments of Nord and the

Pas-de-Calais. These departments were in fact attached to the German

Military Administration of Belgium. This fact is shown by the headings

of the German Military Command decrees, which are submitted to the

Tribunal in the Belgian _Official Gazette_. Not only did this separation

exist from the point of view of the German Military Command

Administration, but it also existed from the point of view of the French

Administration. This last mentioned administration was not excluded in

the departments under consideration, but its communications with the

central services were extremely difficult.

As I do not wish to develop this point at length, I should like simply

to quote a document which will serve as an example, and which I submit

as Document Number RF-1052. This is a letter from the military commander

under the date of 17 September 1941, which communicates his refusal to

re-establish telegraphic and telephonic communications with the rest of

France. I quote the single sentence of this letter:

“Upon decision of the High Command of the Army it is so far not

yet possible to concede the application for granting direct

telegraphic service between the Vichy Government and the two

departments of the North.”

A third division consisted in the creation within the unoccupied zone of

a so-called forbidden zone. The conception of this forbidden zone

certainly corresponded to the future projects of the Germans as to the

annexation of larger portions of France. In this connection I produced

documents at the beginning of my presentation. This forbidden zone did

not have any special rules of administration, but special authorization

was required to enter or to leave it. The return to this zone of persons

who had left it in order to seek refuge in other regions was possible

only in stages, and with great difficulty. Administrative relations, the

same as economic relations between the forbidden zone and the other

zones were constantly hampered. This fact is well known. Nevertheless, I

wish to quote a document also as an example, and I submit this document,

Number RF-1053. It is a letter from the military commander, dated 22

November 1941, addressed to the French Delegation. I shall simply

summarize this document by saying that the German Command agreed to

allow a minister of the _de facto_ government to go into the occupied

zone, but refused to allow him to go into the forbidden zone.

In order that the Tribunal may realize the situation of these five zones

which I have just mentioned, I have attached to the document book a map

of France indicating these separations. This map of France was numbered

RF-1054, but I think it is not necessary for me to produce it as a

document properly speaking. It is intended to enable the Tribunal to

follow this extreme partitioning by looking, first at the annexed

departments, and then at Nord and the Pas-de-Calais, the boundaries of

these departments being indicated on the map, then at the forbidden

unoccupied zone, which is indicated by a first line; and, finally, the

line of demarcation with the unoccupied zone. This is, by the way, a

reproduction of the map which was published and sold in Paris during the

occupation by Publishers Girard and Barère.

To conclude this question of the division I should like to remind the

Tribunal that on 11 November 1942 the German Army forces invaded the

so-called unoccupied zone. The German authorities declared at that time

that they did not intend to establish a military occupation of this

zone, and that there would simply be what was called a zone of

operations.

The German authorities did not respect this juridical conception that

they had thought out any more than they had respected the rules of the

law of the occupation; and the proof of this violation of law in the

so-called operational zone has already been brought in a number of

circumstances and will be brought again later in the final parts of this

presentation.

Apart from this division, the inconveniences of which can well be

imagined for a country which is not very extensive and whose life is

highly centralized, I shall mention the second seizure of sovereignty,

which consisted in the control by the Germans of the legislative acts of

the French _de facto_ government.

Naturally, the German military administration, in conformity with its

doctrine, constantly exercised by its own decrees, a real legislative

power in regard to the French. On the other hand—and it is this fact

which I am dealing with now—in respect to the French power the

sovereignty of which the Germans pretended still to recognize, they

exercised a veritable legislative censorship. I shall produce several

documents by way of example and proof of this fact.

The first, which I submit as Document Number RF-1055, is a letter from

the Commander-in-Chief of the Military Forces in France to the French

Delegate General; the letter is dated 29 December 1941. We see that the

signature on this letter is that of Dr. Best, of whom I spoke this

morning in connection with Denmark, where he went subsequently and where

he was given both diplomatic and police functions. I think it is not

necessary for me to read the text of this letter. I shall read simply

the heading: “Subject: Bill Concerning the French Budget of 1942, and

the New French Finance Law.”

The German authorities considered that they had the power to take part

in the drawing up of the French _de facto_ government’s budget, although

this bore no relation to the necessities of their military occupation.

Not only did the Germans check the contents of the laws prepared by the

_de facto_ government, but they made peremptory suggestions. I shall not

quote any document on this point at the moment, as I shall be producing

two: One in connection with propaganda and the other in connection with

the regime imposed upon the Jews.

The third seizure of sovereignty which the Germans exercised consisted

in their intervention in the appointment and assignment of officials.

According to the method which I have already followed, I submit, on this

question, documents by way of example. First I submit a document which

will be Document Number RF-1056, a letter of 23 September 1941, from the

Commander-in-Chief Von Stülpnagel to De Brinon. This letter puts forth

various considerations, which it is not necessary to read, on the

sabotage of harvests and the difficulties of food supplies. I read the

last paragraph of Document RF-1056.

“I must, therefore, peremptorily demand a speedy and unified

direction of the measures necessary for assuring the food

supplies for the population. A possibility of achieving this aim

I can see only by uniting both ministries in the hands of one

single and energetic expert.”

It was, therefore, a case of interference on the very plane of the

composition of a ministry, of an authority supposedly governmental. As

regards the control of appointments, I produce Document Number RF-1057,

which is a letter from the Military Command of 29 November 1941. I shall

simply summarize this document by indicating that the German authorities

objected to the appointment of the President of the Liaison Committee

for the Manufacture of Beet Sugar. You see, therefore, how little this

has to do with military necessities.

I next produce Document Number RF-1058, which is likewise a letter from

the Military Command. It is brief and I shall read it by way of example:

“I beg you to take the necessary measures in order that the

Subprefect of St. Quentin, M. Planacassagne, be relieved of his

functions and replaced as soon as possible by a competent

official. M. Planacassagne is not capable of carrying out his

duties.”

I shall now quote a text of a more general scope. I produce Document

Number RF-1059, which is a secret circular of 10 May 1942, addressed by

the Military Command Administrative Staff to all the chief town majors.

Here again we find the signature of Dr. Best.

“Control of French policy as regards personnel in the occupied

territories.

“The remodelling of the French Government presents certain

possibilities for exercising a positive influence on French

police in the occupied territories as regards personnel. I,

therefore, ask you to designate those French officials, who,

from the German point of view, appear particularly usable and

whose names could be submitted to the French Government when the

question of appointing holders for important posts arises.”

Thus we see in the process of formation this general network of German

control and German usurpation. I now produce Document Number RF-1060.

This document is an interrogation of Otto Abetz, who had the function of

German ambassador in France. This interrogation took place on 17

November 1945 before the Commissioners Berge and Saulas at the General

Information Bureau in Paris. This document confirms German interferences

in French administration and likewise gives details about the

duplications of these controls by the military commander and the

Gestapo. I quote:

“The Military Commander in France, basing himself on the various

conventions of international law”—this is Otto Abetz who is

speaking and it is not necessary to say that we in no way accept

his conception of international law—“considered himself

responsible and supreme judge for the maintenance of order and

public security in the occupied zone. This being so, he claimed

the right to give his approval for the appointment or the

retaining of all French officials nominated to occupy posts in

the occupied zone. As regards officials residing in the free

zone who were obliged by reason of their functions to exercise

them subsequently in the occupied zone, the Military Commander

also stressed the necessity for his approval of their

nomination. In practice the Military Commander made use of the

right thus claimed only when the officials were nominated and

solely in the sense of a right to veto, that is to say, he did

not intervene in the choice of officials to be nominated and

contented himself with making observations on certain names

proposed. These observations were based on information which the

Military Commander received from his regional and local

commanders, from his various administrative and economic

departments in Paris, and from the police and the Gestapo, which

at that time were still under the authority of the Military

Commander.

“From 11 November 1942 on, this state of things changed because

of the occupation of the free zone. The German military

authorities settled in this zone demanded that they should give

their opinion in regard to the nomination of officials in all

cases where the security of the German Army might be affected.

The Gestapo for its part acquired in the two zones a _de facto_

independence with regard to the regional and local military

chiefs and with regard to the Military Commander. It claimed the

right to intervene in connection with any appointment which

might affect the carrying out of their police tasks.

“Having been recalled to Germany from November 1942 to December

1943, I did not myself witness the conflicts which resulted from

this state of things and which could not fail to compromise in

the highest degree the so-called sovereignty of the Vichy

Government. When I returned to France the situation was

considerably worse because the Gestapo claimed, in the occupied

as well as in the unoccupied zone, the right to make the

nomination of prefects subject to its consent. It even went so

far as to propose itself the officials to be nominated by the

French Government. Seconded by me, the Military Commander took

up again the struggle against these abusive demands and

succeeded in part in restoring the situation to what it was

before November 1942 . . . .”

The document which I have just read constitutes a transition to the

fourth consideration which I should like to submit to the Tribunal. In

putting this consideration I should like to stress the juxtaposition and

the collaboration of the various agents of usurpation, that is to say,

the military command, the embassy, and the police. As regards the latter

I shall deal at greater length with its role in the last part of my

brief.

With regard to the setting up of the German Embassy in France, I produce

before the Tribunal Exhibit Number RF-1061. This document was in my file

as a judicial translation of a judicial document in the file concerning

Otto Abetz in Paris. On the other hand, it is also contained in the

American documentation and bears the Document Number 3614-PS. It has

not, however, as yet been submitted to the Tribunal. It deals with the

official appointment of Otto Abetz as ambassador. I should like to read

this Document RF-1061.

“Ministry of Foreign Affairs, 3 August 1940.

“In answer to a question of the General Quartermaster, addressed

to the High Command of the Armed Forces and transmitted by the

latter to the Ministry of Foreign Affairs, the Führer had

appointed Abetz, up to now minister, as ambassador and upon my

report has decreed the following:

“I. Ambassador Abetz has the following functions in France:

“1. To advise the military agencies on political matters.

“2. To maintain permanent contact with the Vichy Government and

its representatives in the occupied zone.

“3. To influence the important political personalities in the

occupied zone and in the unoccupied zone in a way favorable to

our intentions.

“4. To guide from the political point of view the press, the

radio, and the propaganda in the occupied zone and to influence

the responsive elements engaged in the molding of public opinion

in the unoccupied zone.

“5. To take care of the German, French, and Belgian citizens

returning from internment camps.

“6. To advise the secret military police and the Gestapo on the

seizure of politically important documents.

“7. To seize and secure all public art treasures and private art

treasures, and particularly art treasures belonging to Jews, on

the basis of special instructions relating thereto.

“II. The Führer has expressly ordered that only Ambassador Abetz

shall be responsible for all political questions in Occupied and

Unoccupied France. Insofar as military interests are involved by

his duties, Ambassador Abetz shall act only in agreement with

the Military Command in France.

“III. Ambassador Abetz will be attached to the Military

Commander in France as his delegate. His domicile shall continue

to be in Paris as hitherto. He will receive from me instructions

for the accomplishment of his tasks and will be responsible

solely to me. I shall greatly appreciate it if the High Command

of the Armed Forces (the OKW) will give the necessary orders to

the military agencies concerned as quickly as possible.

“Signed: Ribbentrop.”

This document shows the close collaboration that existed between the

military administration and the administration of foreign affairs, a

collaboration which, as I have already said on several occasions, is one

of the determining elements for establishing responsibility in this

Trial, a collaboration of which I shall later on give examples of a

criminal character.

I now wish to mention to the Tribunal that I eliminate the production of

the next document which was numbered RF-1062. Although I am personally

certain of the value of this document which comes from a French judicial

file, I have not the original German text. This being so, the

translation might create difficulties, and it is naturally essential

that each document produced should present incontestable guarantees. I

shall therefore pass directly to the last document, which I wish to put

in and which I submit as Document Number RF-1063. This is a detail, if I

may call it such, concerning this problem of the collaboration of the

German administrations, but sometimes formal documents concerning

details may present some interest. It is a note taken from the German

archives in Paris, a note dated 5 November 1943, which gives the

distribution of the numbering of the files in the German Embassy. I

shall read simply the first three lines of this note: “In accordance

with the method adopted by the military administration in France, the

files are divided into 10 chief groups.” There follows the enumeration

of these methods and groups used for the classification of the files. I

wish simply to point out that under their system of close collaboration

the German Embassy, a civil service department of the foreign office,

and the Military Command had adopted filing systems under which all

records and all files could be kept in the same way.

I have now concluded my second section which was devoted to the general

examination of this seizure of sovereignty in the occupied territories,

and I should like to point out that these files have been established

with the collaboration of my assistant, M. Monneray, a collaboration

which also included the whole brief which I present to the Tribunal.

I shall now ask the Tribunal to take the files relative to Section 3,

devoted to the ideological Germanization, and to propaganda.

When I had occasion to speak to the Tribunal about forced labor and

economic pillage I said that the Germans had taken all available

manpower, goods, and raw materials from the occupied countries. They

drained these countries of their reserves. The Germans acted in exactly

the same manner with regard to the intellectual and moral resources.

They wished to seize and eliminate the spiritual reserves. This

expression “spiritual reserves,” which is extremely significant, was not

invented by the Prosecution. I have borrowed it from the Germans

themselves. I have quoted to the Tribunal another extract from a work

which was submitted as a document under Number RF-5 of the French

documentation. This was a book published in Berlin by the Nazi Party.

The author was Dr. Friedrich Didier. This work has a preface by the

Defendant Sauckel and is entitled _Working For Europe_. The quotation

which I should like to make appears in the document book under 1100,

which is simply the order of sequence, as the book itself has already

been presented and submitted. The book includes a chapter entitled

“Ideological Guidance and Social Assistance.” The author is concerned

with the ideological guidance of the foreign workers who were taken away

by millions to the Reich by force. This preoccupation with the

ideological guidance of such an important element of the population of

the occupied countries is already remarkable in itself; but it is, on

the other hand, quite evident that this preoccupation is general with

regard to all the inhabitants of the occupied countries, and the author

in this case has simply confined himself to his subject. I have chosen

this quotation to begin my section because its wording seemed to me to

be particularly felicitous to enable us to get an idea of the German

plans in regard to propaganda.

Page 69 of the book that has been put in evidence reads:

“The problem of ideological guidance of the foreign worker is

not as simple as in the case of the German fellow worker. In

employing foreigners far more importance must be paid to the

removal of psychological reservations. The foreigner must get

accustomed to unfamiliar surroundings. His ideological scruples

must be dispersed, if he has any. The mental attitude of the

nationals of former enemy states must be just as effectively

refuted as the consequences of foreign ideologies.”

In the occupied countries the Germans undertook to eliminate the mental

reserves and to expurgate the ideology of each man in order to

substitute for them the Nazi conception. Such was the object of the

propaganda. This propaganda had already been introduced in Germany and

it was carried on there unceasingly. We have seen from the article just

quoted that there was also a preoccupation with the ideological guidance

of the German worker, although the problem was considered there to be

more simple. When we speak today of Nazi propaganda we are often tempted

to underestimate the importance of this propaganda. There are grounds

for underestimating it, but they are false grounds. On the one hand,

when we consider the works and the themes of propaganda, we are often

struck by their crudeness, their obviously mendacious character, their

intellectual or artistic poverty. But we must not forget that the Nazi

propaganda utilized all means, the most crude as well as the more subtle

and often skillful methods. From another point of view the crudest

affirmations are those that carry most weight with some simple minds.

Finally, we must not forget that if the Germans had won the war, these

writings, these films, which we find ridiculous, would have constituted

in the future our principal and soon our sole spiritual food.

Another remark that is often heard is that German propaganda achieved

only very poor results. Indeed, these results are quite insignificant,

especially if one takes into account the means which this propaganda had

at its disposal. The enslaved peoples did not listen to the news and to

the exhortations of the Germans. They threw themselves into the

resistance. But here again we must consider that the war continued, that

the broadcasts from the countries which had remained free gave out

magnificent counter propaganda, and that finally the Germans after a

time suffered military reverses.

If events had been different perhaps this propaganda would, in the long

run, have brought about an acquiescence on the part of the more

important elements of the populations which would have been worse than

the oppression itself. It is fortunate that only a very small minority

in the different countries were corrupted by the Nazi propaganda, but

however small this minority may have been, it is for us a cause for

sadness and of just complaint.

The slogans of Nazi propaganda appear to us less childish and less

ridiculous when we consider the few wretches who, influenced by it,

enrolled in a legion or in the Waffen SS to fight against their

countries and against humanity. By their death in this dishonorable

combat or after their condemnation some of these men have expiated their

crimes. But Nazi propaganda is responsible for the death of each one of

them and for each one of these crimes.

Finally, we are not sure that we know today exactly the real effect of

Nazi propaganda. We are not sure that we are able to measure all the

harm which it has done to us. The nations count their visible wounds,

but propaganda is a poison which dissolves in the mental organism and

leaves traces that cannot be discerned. There are still men in the world

who, because of the propaganda to which they have been subjected,

believe, perhaps obscurely, that they have the right to despise or to

eliminate another man because he is a Jew or because he is a Communist.

The men who believe this still remain accomplices and, at the same time,

are victims of Nazism.

One of my colleagues has shown that while the physical health of the

occupied peoples was severely undermined, their moral health appears

more robust; but it must still be anxiously watched for a certain time

in the future.

For these reasons, the French Prosecution has considered that there was

room in this accusation for the section on spiritual Germanization and

propaganda. This propaganda is a criminal enterprise in itself. It is an

onslaught against the spiritual condition, according to the definition

of M. de Menthon, but it is also a means and an aggravating circumstance

of the whole of the criminal methods of the Nazis, since it prepared

their success and since it was to maintain their success. It was

considered by the Germans themselves, as numerous quotations show, as

one of the most reliable weapons of total war. It is more particularly a

means and an aspect of the Germanization which we are studying at this

moment. I should add that German propaganda has been constantly

developed for many years and over considerable areas. It assumed very

diverse forms. We have therefore only to define some of its principal

features and to quote merely a few characteristic documents, chiefly

from the point of view of the responsibility of certain persons or of

certain organizations.

Over a long period of time the Reich had developed official propaganda

services in a ministerial department created as early as 1933 under the

name of Ministry of Public Enlightenment and Propaganda, with Goebbels

at the head and the Defendant Fritzsche performing important functions.

But this ministry and its department were not the only ones responsible

for questions of propaganda. We shall show that the responsibility of

the Minister and of the Ministry of Foreign Affairs is equally involved.

We shall likewise show that the Party took an active part in propaganda.

Finally, I mention here that in the occupied countries the military

commands constituted organs of propaganda and were very active. This

fact must be added to all those which show that the German military

command exercised powers wholly different from what are normally

considered to be military powers. By this abnormal extension of their

activities, apart from the crimes committed within the framework of

their direct competence, the military chiefs and the High Command have

furnished justification for the allegation of joint responsibility.

The German propaganda always presents two complementary aspects, a

negative aspect and a positive aspect: A negative or, in a sense, a

destructive aspect, that of forbidding or of limiting certain liberties,

certain intellectual possibilities which existed before; a positive

aspect, that of creating documents or instruments of propaganda, of

spreading this propaganda, of imposing it on the eyes, on the ears, and

on the mind. An authority has already said that there are two different

voices: The voice that refuses truth and the voice that tells lies. This

duality of restrictive propaganda and of constructive propaganda exists

in the different realms of the expression of thought.

I shall mention now, in my first paragraph, the measures taken by the

Germans as regards meetings and associations. The German authorities

have always taken measures to suppress the right of assembly and

association in the occupied countries. We are here concerned both with

the question of political rights and of thought. In France, a decree of

21 August 1940, which appeared in the _Official Gazette_ of German

Decrees of 16 September 1940, forbade any meeting or association without

the authorization of the German military administration.

It must not be thought that the Germans utilized their powers in this

matter only in regard to associations and groups which were hostile to

them, or even those whose object was political. They were anxious to

avoid any spreading of an intellectual or moral influence which would

not be directly subordinated to them. In this connection I present to

the Tribunal, merely by way of example, Document Number RF-1101, which

is a letter from the Military Commander dated 13 December 1941,

addressed to the General Delegate of the French Government. This deals

with the youth groups. Even with regard to associations or groups which

should have a general public character, the German authorities gave

their authorization only on condition that they would be able to

exercise not only their control over these organizations, but a real

influence by means of these organizations.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 331 / 333 题