MR. COUNSELLOR SMIRNOV: 1943.

BÜHLER: 1943—who, on the occasion of a conference on 23 October 1943

stated—stated what?

MR. COUNSELLOR SMIRNOV: You stated that the application of the decree of

2 October would help to camouflage the shooting of hostages.

BÜHLER: No.

MR. COUNSELLOR SMIRNOV: The place which I wish to quote now, Your

Honors, is on Page 26 of the English translation of Exhibit Number

USSR-223, (Document Number 2233-PS), Paragraph 4. I shall now quote your

own words to you:

“State Secretary Dr. Bühler considers it advisable that all

those Poles who are to be shot should first be tried by regular

court-martial proceedings. In the future one should also refrain

from referring to such Poles as hostages, for the shooting of

hostages is always a deplorable event and merely provides

foreign countries with evidence against the German leadership in

the Government General”.

BÜHLER: I said that, and thus I objected, and wanted to object, to the

shooting of hostages and to executions without court-martial

proceedings.

MR. COUNSELLOR SMIRNOV: So you consider that a court consisting of

high-ranking, police officials represents justice and is not a travesty

of the very idea of justice?

BÜHLER: To which court do you refer? I pleaded for courts-martial.

MR. COUNSELLOR SMIRNOV: That is the very court I am talking about, the

“Standgericht” or summary court-martial, composed of Gestapo officials

centralized in the Government General, according to the decree of 2

October.

BÜHLER: I can give you information about the reasons which may have led

to this stiffening of the summary court-martial order of 2 October, so

that you may understand how, psychologically, such a decree came about.

MR. COUNSELLOR. SMIRNOV: I am not interested in psychology. I am

interested in knowing if a court, composed of secret police officials

and considered to be a court, is not in fact sheer mockery of the very

idea of a court of justice?

BÜHLER: The summary courts-martial had to be appointed exactly in

accordance with the decree. I am not of the opinion that a summary

court-martial, simply because it is composed exclusively of police,

should not be considered a court. But I did not make these statements

which you have held against me now in reference to this decree of 2

October; rather I demanded, in general, sentences by courts-martial, and

termed the shooting of hostages a regrettable fact.

MR. COUNSELLOR SMIRNOV: You are not giving me a direct answer to my

question. Perhaps you will remember Paragraph 3 of the decree which

stipulates how these courts were to be composed. Show the witness

Paragraphs 3 and 4. I am reading Paragraph 4 into the record:

“The summary courts-martial of the Security Police are to be

composed of one SS Führer of the office of the commander of the

Security Police and the SD, and of two members of these

organizations”.

Would a court of this composition not testify _a priori_ to the nature

of the sentence which the court would impose?

BÜHLER: Did you ask me?

MR. COUNSELLOR SMIRNOV: Yes, yes.

BÜHLER: Whether I consider a summary court-martial a court? I think, you

are asking me about things which have nothing to do with my field of

activity. I do not know what reasons were given for composing these

courts in this fashion. I cannot therefore say anything about it.

MR. COUNSELLOR SMIRNOV: Perhaps you will look at the signature to that

decree. It is signed by Frank, and it was you who persuaded Frank to

sign that decree.

BÜHLER: I thought that I had corrected that error before. I did not

persuade Herr Frank to sign that order. Rather, I told him that that

order had been worked out in the legislative department. As before, I

must now deny any responsibility for this order, because it did not

belong to my sphere of activity.

MR. COUNSELLOR SMIRNOV: I shall pass on to another series of questions.

Do you recollect the following subparagraph of that decree, particularly

the report of Obergruppenführer Bierkamp at the conference of 27 October

1943 in Kraków?

BÜHLER: I cannot remember without notes.

MR. COUNSELLOR SMIRNOV: Please show him the passage which I wish to

quote. The passage I wish to quote, Your Honors, is on Page 26 of our

document, the last paragraph of the text. I quote the passage in

question:

“Pursuant to the decree of even date, the Security Police have

detained many people who since 10 October have committed

criminal acts. They have been condemned to death and will be

shot as an expiation for their crimes. Their names will be made

known to the population by means of posters, and the population

will be told that such and such people may expect a pardon,

provided there are no further murders of Germans. For every

murdered German, 10 Poles will be executed....”

Does it not testify to the fact that from the very first days of the

enforcing of Frank’s decree, it merely served to mask mass executions of

hostages?

BÜHLER: No.

MR. COUNSELLOR SMIRNOV: Then to what does it testify if, for each slain

German, 10 Poles entirely unconnected with the crime were to be executed

in accordance with these so-called “verdicts”?

BÜHLER: In my opinion it testifies that 10 Poles would be shot who had

committed crimes punishable by death, and who had been sentenced to

death.

MR. COUNSELLOR SMIRNOV: For each German killed?

BÜHLER: It is possible that these Poles were called hostages. That is

possible.

MR. COUNSELLOR SMIRNOV: That means that the decree camouflaged the

system of taking hostages?

BÜHLER: No, it was rather that real shootings of hostages no longer

occurred. Real shootings of hostages occur when people who are not

criminals, who are innocent, are shot because of an act committed by

someone else.

THE PRESIDENT: Do you think this will be a convenient time to break off?

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The Tribunal has heard with the deepest regret of the

death of Chief Justice Harlan F. Stone of the Supreme Court of the

United States of America. His loss will be most deeply felt in America,

where he had proved himself to be a great public servant. But it is

fitting that this Tribunal, upon which the representatives of the United

States sit, should express its sympathy with the American people in

their great loss.

After serving as Dean of the Law School of Columbia University he was

appointed Attorney General of the United States in 1923, and two years

later he became Associate Justice of the Supreme Court. In 1941 he

became Chief Justice and discharged the duties of that high office with

great ability and in accordance with the highest traditions.

The Tribunal desires that I should express its sympathy in

acknowledgement of the great loss the American people have sustained.

Mr. Justice Jackson, the Chief Prosecutor of the United States, is a

member of the Supreme Court over which the Chief Justice presided, and

perhaps he would like to add a few words.

MR. JUSTICE ROBERT H. JACKSON (Chief of Counsel for the United States):

May it please the Tribunal: It is not only because he was the head of

the judicial system of the United States that the news of the passing of

Chief Justice Stone brings sadness to every American heart in Nuremberg,

but because he was the personal friend of so many of us. He had a rare

capacity for personal friendship. No one was more kind to, and

thoughtful of, the younger men who from time to time came to Washington;

and they found in him a guide, philosopher, and friend.

Now, I know that not only do I feel the loss of a personal friend but

that the American representatives on the Tribunal, Mr. Biddle and Judge

Parker, feel the same way, and many of the younger men on the staff had

intimate contact with the Chief Justice which you might not expect if

you had not known Harlan Stone.

As Attorney General he took over the Department of Justice at one of its

most difficult periods and imparted to it the impress of his integrity,

an impress which stayed with it and was traditional in the department,

as we well know.

As a Justice of the Court he was a forward-looking man, open-minded,

always patient to hear the arguments of both sides and to arrive at his

decision with that complete disinterestedness and detachment which is

characteristic of the just judge. He presided with great fairness and

with kindness to his associates and to those who appeared before him.

It is the passing of a man who exemplified in public life those sturdy

qualities which we have come to associate with the New Englander.

The consolation of his friends lies in this: He died exactly as he would

have chosen to die, in full possession of his faculties and in the

discharge of his duties.

I express great appreciation that this Tribunal has seen fit to take

note of his passing and to allow us to record on behalf of the American

Bar our appreciation of his talents and character.

THE PRESIDENT: Colonel Smirnov.

MR. COUNSELLOR SMIRNOV: Mr. President, before proceeding to a further

examination of the witness, I feel that I ought to make the following

statement:

During the examination of the witness by counsel for the defense Dr.

Seidl, the former stated that the document, which is an official

appendix to the report of the Government of the Polish Republic, was a

forgery. This document sets out the losses suffered by the Polish

Republic in objects of cultural value. The Soviet Prosecution does not

wish to enter into any controversies on the subject, but it does request

the Tribunal to note that this is an official appendix to the report of

the Government of the Polish Republic, and that it considers the

statement of the witness as libellous.

THE PRESIDENT: [_To the witness._] Did you say anything then?

BÜHLER: I was going to say that it was a document that contained a list

of art treasures.

THE PRESIDENT: Is that the document, Colonel Smirnov, a document which

contains a list of art treasures?

BÜHLER: No, I do not mean that.

MR. COUNSELLOR SMIRNOV: No, Mr. President. It is a list of losses in

cultural treasures. It is a list of libraries and of the losses suffered

by these libraries during the reign of the Germans in Poland.

THE PRESIDENT: It is USSR-93, is it not, the document you are referring

to?

MR. COUNSELLOR SMIRNOV: It is an appendix to the Document Number

USSR-93, an official report by the Polish Government.

THE PRESIDENT: Yes, it deals with certain directives. That was the

evidence that was given this morning.

MR. COUNSELLOR SMIRNOV: No, Mr. President. This is a list of losses

sustained. It is an official appendix to the report of the Polish

Government. It contains no directives, but it does state the sum total

of the losses sustained by the public libraries in Poland.

THE PRESIDENT: [_To the witness._] Is there anything you want to say

about it?

BÜHLER: Yes. I do not think the description just given applies to the

document which I had in mind. The document which I question contains

directives regarding German cultural policy in the Government General.

It does not deal with art treasures or details of library property.

THE PRESIDENT: Yes. What I took that you said this morning was that the

directives which you thought were referred to in the document did not

appear to have been made, or at any rate you had not heard of them, and

you thought they might be forgeries.

BÜHLER: I questioned the document.

THE PRESIDENT: The Tribunal will consider the document.

MR. COUNSELLOR SMIRNOV: May I proceed to the next question?

THE PRESIDENT: Yes.

MR. COUNSELLOR SMIRNOV: You state that you personally, as well as the

administration of the Government General, had no close connection with

the activities of the Police. Have I understood you correctly?

BÜHLER: May I hear that question again, please?

MR. COUNSELLOR SMIRNOV: You declare that neither you personally nor the

administration of the Government General were in any way closely

connected with the activities of the Police. Have I understood you

correctly?

BÜHLER: We had daily contact with the Police, but we had differences of

opinion. Moreover, the Police were not under my jurisdiction; the Chief

of Police was in no way under my orders.

MR. COUNSELLOR SMIRNOV: In that case the Police did not come within your

competence?

BÜHLER: No, it was not one of my duties.

MR. COUNSELLOR SMIRNOV: How then can you explain that no one but you

carried out successful negotiations with the Police for the exploitation

of the property of Jews executed in the concentration camps? Do you

remember these negotiations?

BÜHLER: I did not quite understand you.

MR. COUNSELLOR SMIRNOV: I ask you: If you had no direct relations with

the Police, how can you explain the fact that you, and none other but

you, were the person who carried out successful negotiations with the

Police for the exploitation of property belonging to Jews murdered in

the concentration camps? Do you remember these negotiations with the

Police?

BÜHLER: I do not remember any such negotiations, and I could not have

conducted them. In any case the Administration was the department which,

by order of the Four Year Plan, had to effect the confiscation of Jewish

property.

MR. COUNSELLOR SMIRNOV: Mr. President, have I your permission to submit

a document handed to us by the American Prosecution, Document Number

2819-PS? It is a directive issued by the Administration of the Economic

Department of the Government General and addressed to the Governors of

Warsaw, Radom, Lublin, and Galicia. May I submit this document?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 12 · 第 13 / 47 题