Section 3:

“Moveable works of art whose value exceeds 100,000 francs must

be declared by their owners or custodians in writing prior to 15

August 1940, to the competent field command or some other

authority indicated by the latter.”

If the Tribunal will kindly recall the explanation which I had the honor

of presenting 2 weeks ago, it will remember that the Germans had, at the

same time, issued similar decrees for freezing or immobilizing private

property, currency, and other wealth.

In this decree, intended to be known by the population of the occupied

territories, the question of safekeeping and confiscation had not yet

arisen; the decree merely dealt with immobilization and

declaration—preparatory measures, these, to future spoliation, and an

indication of bad faith to be remembered.

Beginning with that period, seizures of the most famous French-Jewish

art collections were carried out; seizures made under such conditions

that they provoked numerous protests which were submitted to the

Armistice Commission at Wiesbaden. I submit in the document book, as

Document Number RF-1306, a letter of the French Secretary for Finance of

18 December 1941 containing one of these protests. So as not to waste

the time of the Tribunal I shall not quote the document but shall merely

offer it in evidence.

No dividing line was drawn between the activities or powers of civil

authorities and those of military authorities. There were conflicts and

rivalries but as from March 1941 Staff Rosenberg occupied the

foreground; and it is possible to say that from 1940 to 1944 it enjoyed

a monopoly in the confiscation of works of art in Luxembourg, Belgium,

Holland, and France. Staff Rosenberg originated in the Office of Foreign

Affairs of the Party. Hence the first function, in theory, of Staff

Rosenberg, consisted in gathering political material which could and

might be exploited in the struggle against Jewry and Free Masonry by the

Hohe Schule. This is the Advance School, whose purpose Hitler defined in

his order of 29 January 1940 to be found in the American documentation

under Number 136-PS, a copy of which I submit in evidence as Exhibit

Number RF-1308. The document is very brief and I shall read it to the

Tribunal:

“The Hohe Schule is some day to become the center for National

Socialist doctrinal research and education. It will be

established after the war. However, in order to expedite the

preparatory work already initiated, I order that Reichsleiter

Alfred Rosenberg continue this preparatory work, especially in

the field of research and the establishment of a library. The

offices of the Party and the State organizations are required to

support his work in every way.

“Berlin 29 January 1940, (signed) Adolf Hitler.”

Entrusted with the finding and seizing of Jewish collections which had

been left “ownerless” in the occupied territories, Staff Rosenberg did

not content itself with looting private houses; its activities also

applied to the seizure of many trusts, especially of those deposited in

strong boxes in banks. This is evident from the passage of the document

that I submit as Document Number RF-1307 from which, the Tribunal

permitting, I shall read a passage. This is on Page 2 of the translation

and is also to be found in the brief:

“On 26 September 1941 M. Braumüller, acting on Rosenberg’s

behalf, removed two cases filled with objects of art, which are

listed and deposited with the agency of the Société Générale at

Arcachon under the name of the depositor, M. Philippe de

Rothschild, who has not yet regained his French nationality.”

As a matter of fact, the field of activity of Staff Rosenberg was not

confined to the pillage of Jewish or Masonic property. It rapidly

absorbed all it could of the artistic heritage of the occupied

countries, a heritage which Staff Rosenberg appropriated by invariably

illegal means without distinguishing between private property and public

property.

This action of Staff Rosenberg was inspired by the orders of the

Defendant Göring himself. It is thus that I submit as Exhibit Number

RF-1309, a document, discovered by the Army of the United States and

filed under Document Number 141-PS, which consists of an order of the

Defendant Göring, Paris, dated 5 November 1940 and which extends the

activities of Staff Rosenberg. Here is the order:

“To carry out the present measures for safeguarding Jewish

property taken over by the Chief of the Military Administration

in Paris and by Einsatzstab Rosenberg, the following procedure

will be observed in connection with the art treasures deposited

at the Louvre:

“1. Those art objects regarding which the Führer has reserved to

himself the right of further disposal,

“2. those art objects which could serve to complete the

collection of the Reich Marshal,

“3. those art objects and libraries which appear suitable for

equipping the Hohe Schule within Reichsleiter Rosenberg’s sphere

of duty.”

THE PRESIDENT: I think this document has already been read, M.

Gerthoffer. I think this document was read by Colonel Storey.

M. GERTHOFFER: I shall omit the quotation, Mr. President.

I now come to an order, issued by the Defendant Keitel, of 17 September

1940, a copy of which I submit as Exhibit Number RF-1310, filed in the

American documents as Document Number 138-PS. Here is the principal

passage:

“Implementing the order of the Führer transmitted to

Reichsleiter Rosenberg and made known to you at the time, to the

effect that the premises of Masonic lodges, together with

libraries and archives in the occupied countries, must be

searched for material of value to Germany and that this material

must be safeguarded by the Gestapo, the Führer has made the

following decision:

“Reichsleiter Rosenberg, or his representative

Reichshauptstellenleiter Ebert, has received from the Führer,

personally, unequivocal instructions concerning the right of

confiscation. He is authorized to transport to Germany such

objects which appear to him of value and to place them here in

security. You are requested to inform the competent military

commanders or offices.”

The activities of Staff Rosenberg were multiple. Thus, for instance, on

18 December 1941, Rosenberg suggested to Hitler the seizure of Jewish

furniture in the occupied territories of the West to serve for the

establishments of Party organizations in the regions of the East.

Here is a copy of the document which was discovered by the Army of the

United States, which bears the Document Number 001-PS, a copy of which I

include in the document book under Exhibit Number RF-1311.

“Everywhere in the East the administration found terrible

housing conditions, and the possibilities of getting supplies

are so limited that it is practically impossible to obtain

anything. That is why I request the Führer to concede that the

furniture belonging to Jews who have fled, or those who are

leaving Paris or any of the occupied territories of the West, be

confiscated in order to supplement, as far as possible, the

furniture for the establishments of the eastern administration.”

I have reached the bottom of Page 15.

Moreover, the Germans concealed their intentions. This is evident from

the letter, dated 28 February 1942, addressed to the German Armistice

Commission by the German Military Commander in France, of which I offer

a photograph as Document Number RF-1312, Page 16. Here are a few

extracts from this letter:

“Taking into consideration the special mission entrusted to

Staff Rosenberg for seizing art objects of Jewish ownership,

protests by the French Government against the activities of

Staff Rosenberg have always been forwarded by us to the OKH

while the reply was sent to the French Government that the

protest has been forwarded to the office in charge in Berlin for

investigation and decision.”

Further on, in the same letter, we read:

“The mission of Staff Rosenberg must, as in the past, be kept

secret from the French authorities.”

A letter addressed to the Section Chief of the Military Administration

in Paris of 7 April 1942, which I offer in evidence as Document Number

RF-1313, contains the same directives. Here is the passage:

“Furniture belonging to Jews of English or American nationality

will not be confiscated for the time being but only the

furniture of Jews who are nationals of the Reich or of a country

partially or totally occupied by the Reich or of Jews who are

stateless. The confiscated objects become the property of the

Reich. No receipt will be given. The right of third parties,

especially those of lessors or of owners of store houses, is to

be considered as cancelled.”

Further on in the same instructions, Page 17 of the brief:

“6. The operations must be carried out as discreetly as

possible. As to general questions, inquiries by the local French

authorities concerning the operations must be answered verbally

to the effect that these are punitive measures ordered by a

higher authority. Further arguments are to be avoided.

Individual complaints are to be forwarded to the Einsatzstab.”

And further on:

“Discussions by the press concerning the utilization of vacant

Jewish premises are undesirable for the time being.”

I turn to Page 19 in the brief to quote a very short passage of a letter

dated 18 June 1942, signed by Rosenberg and addressed to the Defendant

Göring. I offer in evidence a copy of this letter as Document Number

RF-1314. Here is the passage which I shall read to the Tribunal. Page 20

of the brief, Page 2 of the document book:

“Some time ago I explicitly approved the instructions given by

the Chief of my Einsatzstab, Stabsführer Party member Utikal,

that Party member Dr. Lohse of the Bildende Kunst Office be put

at your disposal for any purpose you may desire.”

I now come to a few explanations, Gentlemen, on the seizure operations,

Page 22 of my written report:

“Since the first confiscations were made by the military

authorities, the Devisenschutzkommando, and the German Embassy,

Staff Rosenberg did not appear on the scene until the time when

the great collective seizures had already been completed.

“The greater part of the Rothschild, Kahn, Weil-Picard, and

Wildenstein collections had been confiscated and they

represented three-quarters of the total booty of Staff

Rosenberg.”

As far as the methods which were used to seize these works of art are

concerned, I submit to the Tribunal a document which is a letter of the

Secretary of French Finance, dated 25 October 1941. I offer it in

evidence as Document Number RF-1315; and so as not to waste the

Tribunal’s time I shall merely deposit this document since it is quite

probable that my colleague will allude to it in his turn. Page 24 of the

written report. . . .

THE PRESIDENT: How do you prove that the greater part of the Rothschild,

Kahn, Weil-Picard, and Wildenstein collections was confiscated in the

middle of November 1940? What is the evidence of it?

M. GERTHOFFER: General information furnished by the Fine Arts

Department.

THE PRESIDENT: Have you put in a report of a government committee which

states that?

M. GERTHOFFER: No, Mr. President, I have not got the report in my

dossier. I did not believe it was necessary to present it in evidence,

because I thought that it was admitted that nearly all the Rothschild

collections were seized at this time.

THE PRESIDENT: I do not think we can take judicial notice of it in the

absence of some government report and simply upon the statement.

M. GERTHOFFER: I think the question is not of great interest.

THE PRESIDENT: Well, the Tribunal cannot take any notice of statements

which are not supported by evidence; therefore we shall disregard that

statement. We must have the evidence first.

M. GERTHOFFER: I consider that the question is not of interest, since

the Tribunal will soon see the enormous quantities of works of art which

were removed by the Germans and I thought it would be useless to mention

the individual owners by name.

THE PRESIDENT: I see that in the Document Number 1015-PS, which is in

your second document book, the facts are stated. I do not know whether

you are going to make use of that Exhibit Number RF-1323.

M. GERTHOFFER: Number RF-1323 (Document Number 1015-PS(b)) is the report

of Dr. Scholz on the activities of Staff Rosenberg. This report contains

details of quantities of works of art which were seized. I will quote

this document later on.

THE PRESIDENT: And it includes the dates October 1940 to July 1944, and

includes the Rothschild collection. I do not know whether it refers also

to the other collections which are mentioned in your exposé.

M. GERTHOFFER: I shall cite this document a little later on. The report

in question was also quoted on 18 December by Colonel Storey.

THE PRESIDENT: I intervened only for the purpose of saying that we

cannot take any notice of statements of facts unless there is some

evidence to support them.

M. GERTHOFFER: After the seizures had been effected (Page 44 of the

exposé) the Germans carried out the work of listing, cataloging, and

preparing for the presentation of the objects confiscated. This was a

very great task indeed, rendered excessively long and complicated by

lack of order and method. Objects of art were brought to the museum of

the Jeu de Paume and to the Louvre; they arrived mostly in one sole lot

and from extremely varied sources, hence the impossibility of drawing up

an inventory of the objects seized. The vast quantity of material was

classified as “Unknown” insofar as its origin was concerned.

Nevertheless, in a report of Staff Rosenberg of 15 April 1943,

discovered by the Army of the United States and registered under

Document Number 172-PS, a copy of which I submit as Exhibit Number

RF-1316, we find the following passage:

“By this detailed study of the material confiscated, an

absolutely reliable basis has been afforded for a final and

summary account of the entire operation of seizure. The

preliminary studies were made in such a way that after

formulation of the final report the latter has to be considered,

in every respect, as an incontestable document of a historically

significant seizure of works of art unique in its kind.”

I come to Page 26 of my brief. Certain of these works of art were

considered by the Germans as degenerate, and their admittance into

National Socialist territory was forbidden. Theoretically speaking they

should have been destroyed; but within the scope of total war economy

these pictures, although condemned, were none the less of commercial

value and as a means of barter their value was both definite and high.

So these pictures, carefully selected from among the great public

collections and from private collections, were confiscated; and as

already provided for in Section 5 of the decree of 5 November 1940,

placed on the French and German art markets. In addition to these

condemned pictures, others were set aside as being of lesser interest in

the official collections. They formed the object of numerous fraudulent

transactions.

We now come to the traffic in works of art. We are not, in this case,

dealing with secret and unlawful operations, the personal acts of

such-and-such a member of the Rosenberg Service; we are dealing with

official operations. Two kinds of operations were currently carried out

by the Einsatzstab, that is, exchanges and sales.

Exchanges. On this subject we have, by way of an example, the evidence

of M. Gustav Rochlitz, received by the examining judge, M. Frapié, in

Paris on 6 January 1946. I submit the evidence as Document Number

RF-1317 and shall read a passage to the Tribunal.

“During the years 1941 and 1942 I exchanged various old pictures

for 80 modern ones, delivered by Lohse, who always told me that

these exchanges were carried out on Göring’s order, and that the

pictures received had been intended for Göring. I have since

learned that all the pictures given in exchange are contained in

the Göring collection. I delivered in exchange about 35

pictures, possibly more.”

These facts are confirmed by the Defendant Rosenberg himself in the last

lines of his report of 15 April 1943, filed under Document Number 172-PS

already quoted, of which I have entered a copy under Exhibit Number

RF-1316. Here is an interesting passage of the report.

“By order of the Reich Marshal a certain number of these works

of modern and degenerate French art were favorably bartered with

French art dealers for pictures of a recognized artistic value.

In this way, 87 works of old Italian, Dutch, and German masters

of high and recognized value were acquired on very favorable

conditions.”

Numerous works of art, books, and especially pictures, were sold by

representatives of Staff Rosenberg. Some were sold in France, others in

Germany or Switzerland. The fact that this was a calculated procedure is

evident if we consider that the value of these pictures, confiscated

under the legally fallacious pretext of keeping them in safe custody,

could be realized if they were sold on neutral markets and paid for in

foreign currency.

I now consider that I should give you some brief explanations of the

justifications offered by the Germans concerning their confiscations.

Primarily these justifications are mere quibbles relating to the nature

of the seizures. The seizures were only temporary and preservative

measures for the safekeeping of the art treasures. Count Metternich,

Chief of the Department for the Protection of Works of Art in France

from July 1940 to 1942, made this point quite clear in a report, a copy

of which has been discovered in France and which I submit as Document

Number RF-1318. Here are some brief excerpts from this report, at the

bottom of Page 29 of the exposé:

“Shortly after arriving in France, I realized that various

departments which did not belong to the Military Administration

were interested in removable objects of art.”

And further on, in the same paragraph:

“It has been said that there was no intention of expropriation

but that these objects were to be considered as pawns to be used

in future peace negotiations. No detailed instructions were

given as to how the operations should be carried out; and in

particular, no interpretation was given of the term ‘custody’.”

The vague expression “in custody” has been subjected to every variety of

interpretation. According to some the seizure was only a temporary

measure, although the question of definite appropriation nevertheless

remained unclarified. For the Defendant Rosenberg the solution was

simple; he expresses it in a letter, previously quoted, of 18 June 1942

addressed to Göring, which I have just submitted under Document Number

RF-1314. This is the relevant passage:

“I therefore believe you will be in agreement with me on this

point, namely, that art objects of Jewish ownership taken into

custody should be considered as seized for the benefit of the

NSDAP. With regard to material for research work, the Führer has

already decided that these objects, now in the custody of the

Einsatzstab, shall become the property of the Hohe Schule. It

would be only just and fair that the great art treasures now in

custody should one day become the property of the NSDAP.

Needless to say, the decision of this question rests with the

Führer. However, since the NSDAP has financed a war of 20 years’

standing against Jewry, such a decision would appear

permissible.”

And we are justified in saying that these confiscations are now no

longer measures of preservation or requisition, but a species of booty

which perforce must fall into the hands of a German people triumphing

over the Jewish race whom they have outlawed.

In a report justifying their action, demanded by the Army Commander and

drawn up on the order of the Defendant Rosenberg by the Chief of the

Einsatzstab, Utikal, in November 1941, the latter went so far as to

state—I submit this report as Documents RF-1319, RF-1320, and RF-1321;

and I quote a brief passage from the attached supplement Number RF-1321,

Page 31:

“The German measures of reprisal against the Jews are likewise

justified by international law. It is a recognized principle of

international law that, in war, reprisals may be taken by

resorting to the same procedures and the same concepts as

primarily used by the enemy. Since time immemorial the Jews

have, in their Jewish laws codified in the Talmud and the

Schulchan Aruch, applied the principle that all non-Jews are to

be considered as so much cattle, as outlaws; and the property of

non-Jews should be dealt with as a thing which has been

abandoned, that is to say, as derelict property.”

Thus, Gentlemen, the confiscations of the Einsatzstab were sheltered by

this strange interpretation of law. It seems useless to discuss the

value of this argument before the Tribunal. The Belgian, Dutch, and

French authorities made frequent protests, based on the most elementary

principles of international law, but always met with refusals.

It would at any rate be suitable to define the extent of these seizures.

It is difficult to give a total estimate, although Rosenberg, himself,

on several occasions made an estimate of his booty, especially in a

letter to the Treasurer of the Party, Schwarz, 14 November 1940, a

document discovered by the Army of the United States and bearing the

Document Number 1736-PS, a copy of which I offer in evidence as Exhibit

Number RF-1322. At that date Rosenberg already considered that the booty

amounted to 500,000,000 Reichsmark.

The documents of the Einsatzstab are sufficiently numerous and precise

to allow us to establish certain quantitative data. First, the seizures

by the General Staff for Art Treasures. The fundamental document is a

report of Dr. Scholz, dated 14 July 1944, which we have just mentioned.

This is Document Number 1015-PS, which was presented in part to the

Court by Colonel Storey and which I offer in evidence as Exhibit Number

RF-1323. From this report I shall extract only some very brief

indications concerning the quantities of art objects carried off.

According to this report, 21,903 objects taken from 203 private

collections, were removed, notably from, the Rothschild, Alphons Kahn,

David Weil, Lévy de Benzion, and the Seligmann brothers collections.

According to the same report there were “all told, 29 transports, 137

trucks, and 4,174 cases.”

I shall not quote any further from this report, because I think that my

colleague, also entrusted with making the charges, will allude to it.

THE PRESIDENT: Would that be a convenient time to break off?

[_A recess was taken._]

M. GERTHOFFER: Staff Rosenberg was not only interested in paintings and

objects of art, but in books as well. Thus it appears, in a document

discovered by the United States Army and registered under Document

Number 171-PS, of which I submit a copy as Exhibit Number RF-1324, that

550,000 volumes were seized in France.

Holland also provided a heavy contribution in books. Libraries rich in

early prints, books, and manuscripts were pillaged. It appears from

Document Number 176-PS, discovered by the United States Army, a copy of

which I submit as Exhibit Number RF-1325, that the value of the books

amounted to about thirty or forty million Reichsmark.

It must also be noted, as proved by Documents 178-PS and 171-PS, which I

submit as Exhibit Number RF-1326, that archives of the Rothschild Bank

were taken away in the month of February 1941.

Staff Rosenberg likewise pillaged furniture. This is quite evident from

a note addressed by the Defendant Rosenberg to the Führer, dated 3

October 1942, submitted under Document Number RF-1327. I read the

following passage:

“For carrying out action ‘M’ the Dienststelle Westen was created

in Paris with special branches (Einsatzleitungen) in Belgium,

France, and the Netherlands. This service has to date sent about

40,000 tons of furniture to the Reich, utilizing all available

transport, ship, and railroad facilities. Since it was

recognized that the needs of bombed-out people of the Reich

should be given preference over the needs of those in the East,

the Reich Ministry has placed a considerable part of this

furniture (over 19,500 tons) at the disposal of bombed-out

people in the Reich. . . .”

A copy of a Rosenberg report, dated 4 November 1943, Document Number

1737-PS(b), a copy of which I submit as Exhibit Number RF-1328, tells

us:

“52,828 Jewish lodgings were seized and sealed in favor of the

bombed-out victims. Including special orders, furniture has been

removed from 47,569 dwellings for shipment to the bombed

cities.”

Document Number L-188, found by the American 7th Army, is a report

issued by the offices of the Defendant Rosenberg, Item 8 of which I

submit as Exhibit Number RF-1329, shows that over 69,619 Jewish lodgings

were looted, that the furniture occupied over 1 million cubic meters,

and that it took 26,984 freight cars, that is, 674 trains, to remove it.

In the same file there is a document which I submit, Document Number

RF-1330, which indicates that in Paris alone 38,000 Jewish lodgings were

emptied of their contents.

Document Number 1772-PS, already submitted under Exhibit Number RF-1325,

indicates that in Holland, from March 1942 to July 1943 inclusive,

22,623 lodgings were emptied of their contents and that it took 586

barges and 178 freight cars to move this furniture. These few figures

undeniably suffice to support the accusation of economic pillage levied

against Staff Rosenberg on behalf of the western European countries.

As has already been stated, although the material elements of the breach

of the law remain unaltered, there can be no comparison between the

pillaging typical of the history of this or that conqueror and practiced

throughout the centuries, and the pillaging as understood by the

defendants.

What prevents any comparison between the past pillaging and the looting

practiced by Staff Rosenberg or the National Socialist chiefs, is the

difference in purpose, however difficult and delicate a matter it may be

to analyze it. The looting in the past of works of art may primarily be

traced to the vanity of the conqueror, in which his egoism, his taste,

and his love of glory played the determining part in the pillaging. It

is of course possible to identify the same feeling as underlying the

criminal activities of one or the other of the defendants. But—and here

we find the fundamental difference—the National Socialist leaders, when

estimating the value of this and that painting or of this or that work

of art, wittingly took into account both the standard of aesthetic

wealth, that is the value of the object to the individual, and the

standard of material wealth, that is its exchange value, an exchange

value in which it is a matter of retaining a pledge, if not to

facilitate, at least to bring pressure to bear when negotiating future

peace treaties, as is evident from the documents submitted to the

Tribunal.

Whatsoever the pretexts or excuses submitted by the National Socialist

leaders when seizing the artistic heritage of western Europe, whether by

theft, by so-called preservative confiscations, or by direct purchase

from the owners or the markets for the sale of objects of art, the

criminal intention is always the same.

The German motive was undeniably the establishment of a reserve of

securities, if not for the satisfaction of the individual desire, then

for the satisfaction of a collective need in conformity with the myth of

the “Greater Germany.”

This reserve of securities would have a triple advantage: A cultural

advantage, that is, the advantage of the Hohe Schule. Secondly, an

economic advantage, a basis for financial speculation and a reserve of

securities easily negotiable in the markets of the world; above all, a

reserve of fixed value entirely unaffected by the fluctuations in the

cost of raw materials and unaffected either by the lowering or the

manipulation of the currency. And, lastly, reserves of securities of

political importance in the hands of those negotiating the peace

treaties.

The Defense will perhaps object that exchanges and purchases on free

markets cannot be held against the defendants, because they are in the

nature of contracts, and there were agreements, and because equivalents

existed. But the facts presented to the Tribunal render it possible to

declare that these operations have merely an appearance of regularity,

if we remember the conditions under which the contracts were drawn up,

that the operations were made under duress, or if we consider the rights

over the equivalents supplied, equivalents of exchange represented by

stolen objects or works of art, by sales paid for in national currencies

coming from contributions of a more or less regular nature, and

especially by occupational indemnities or clearing operations.

Most of these particulars, from the point of view of the general

principles of criminal law, are doubly tainted: On the one hand they

were paid in stolen currency, since the work of art forming the object

of the sale could never legitimately have become the heritage of the

purchaser. On the other hand, fraud and deceit tainted a considerable

share of the negotiations, as proved by numerous statements, such as the

extract from the minutes of M. Rochlitz’s statement of 8 January 1946,

which I have just read to the Tribunal under Document Number RF-1317 and

which the Tribunal will allow me to recall to its notice by a brief

reading of a few more passages. Rochlitz, picture dealer in Paris,

states:

“Lohse came to see me in February 1941. He told me that he was

looking for pictures for different highly placed persons,

chiefly for Göring. I showed to him a painting by Wennix of

which I was the owner and a “Portrait of a Man,” by Titian, of

which two-thirds belonged to Birchentski and one-third to me.

Lohse bought them. Then 8 or 10 days later he offered me some

paintings in exchange, instead of money. Incidentally he

considered that I had sold the paintings at too high a price.

The price was about 2,000,000. He added that Göring had seen the

paintings, that he did not want to pay for them at the price

agreed, but that he had given an order to exchange them for

modern paintings brought from Germany. He showed me a certain

number of paintings and offered me 11 of them in exchange for

the 2 paintings. He prevented me from looking at the backs of

the paintings.”

Further on, the same witness states:

“I thought at that time that the paintings came from Germany. I

found out shortly after that these paintings and those

subsequently exchanged with Lohse were paintings confiscated

from Jews. When I saw that these had been confiscated I

protested and Lohse answered, ‘I am acting under Göring’s

orders, you have nothing to fear. These confiscations have been

anticipated by the Armistice Convention and the exchanges are

regular.’ As I still protested, he called me an enemy of the

people.”

Never—and this is the last remark I shall make on the subject—has

history furnished an example of wholesale pillaging organized on so

completely an administrative basis. The pillaging, together with the

Einsatzstab, became a recognized institution in the sphere of culture,

just as it became a recognized institution in the “Economic Detachments”

of the ROGES, whose activities have been exposed before the Tribunal.

The pillaging of works of art was organized by the highest leaders of

the Reich. My colleague of the Prosecution, who has been entrusted with

the individual accusations, will return to this matter. I shall content

myself with submitting a few more documents and making a few more

quotations on this point.

Alfred Rosenberg was the responsible Chief of the Einsatzstab. The

orders emanated from him, as is shown in the course of the

interrogatory; he was heard by Colonel Hinkel, and I submit a copy of

the interrogatory of 28 September 1945 as Document Number RF-1332.

The Defendant Göring was the official protector of Staff Rosenberg. He

himself wrote to Rosenberg on 21 November 1940, Document Number 1651-PS,

a copy of which I submit as Exhibit Number RF-1335, as follows:

“I have promised to support energetically the work of your staff

and to make available to them what they could not obtain so far,

namely, means of transport and guard personnel. The air force

has received the order to render utmost assistance.”

There was discovered, in France, a sheet of gilt-edged paper containing,

in an unknown writing, instructions issued by Göring in Paris—a date is

written in by an unknown handwriting—on 11 February 1941. I submit the

original document to the Tribunal, as well as the translation, as

Document Number RF-1333:

“All paintings marked ‘H’ are for the Führer.”

THE PRESIDENT: I think this has been read already by the United States.

Has this been read already?

M. GERTHOFFER: It has never as yet been read, Mr. President.

THE PRESIDENT: Then please proceed.

M. GERTHOFFER: “. . . one case marked ‘AH’ for me. Everything that is

marked ‘G’. . . .”

THE PRESIDENT: Is this identified as a captured document?

M. GERTHOFFER: It was seized by the French authorities who transmitted

it to us.

THE PRESIDENT: Where is the identification to show this is the document

captured by the French authorities?

M. GERTHOFFER: This document was transmitted to me as it is, with a

series of other documents, of which I have only produced a certain

number. If the Tribunal wish I can let them have a special

authentication for this document.

THE PRESIDENT: Well, I suppose there is probably a report of the French

authorities which sufficiently refers to this document.

M. GERTHOFFER: The document was sent to me with a series of other

documents; since they were extremely numerous, we took those that seemed

to be the most important in order to present them to the Tribunal, but

if the Tribunal wish, I can obtain an affidavit indicating under what

conditions the documents were discovered by the French authorities.

THE PRESIDENT: You see, the document hasn’t anything on it to indicate

that the French Government really found it, nor that they have ever seen

it; and therefore the Tribunal does not consider that it is properly

proved by mere introductions of the document, without anything on the

document. Perhaps you can furnish some supplementary proof.

M. GERTHOFFER: I can bring an affidavit to the Tribunal in order to have

it authenticated.

THE PRESIDENT: In what way have the other documents been certified?

M. GERTHOFFER: The other documents were certified as a whole in the

covering letter. They were not certified individually. This formality

can be carried out subsequently.

THE PRESIDENT: Well, I think we must wait until this is properly

identified.

M. GERTHOFFER: I continue with the reading of my report and I would

point out to the Tribunal that in all the occupied countries the

Defendant Göring employed a whole group of buyers, the best known of

whom were Dr. Lohse, who was a member of the Einsatzstab, and Hofer.

Hofer and Lohse (Page 52) acted for the defendant most often, however,

under their own names. The personal collection of the Defendant Göring

flourished considerably. In this regard I submit a document under Number

RF-1332 to which my colleague, in charge of personal and individual

accusations, will soon refer.

Among the principal leaders of the Reich connected with the Einsatzstab

(Page 55) Rosenberg had, as his superior in the hierarchy, Ribbentrop in

his capacity as Minister for Foreign Affairs (Page 56). It was Von

Ribbentrop who was responsible for the Führer’s order of 30 June 1940,

which I presented a short time ago under Document Number RF-1301, and

which I read to the Tribunal.

Ribbentrop’s activities are likewise shown in a letter of 1 July 1940,

addressed by Ambassador Abetz to the Military Commander of Paris, a copy

of which I submit under Document RF-1334 (Page 56). I can read it to the

Tribunal, if they wish. It shows Ribbentrop’s activities. Here is the

letter:

“I beg you to be good enough to have transmitted by radio. . . .”

THE PRESIDENT: What does this “COL” at the top of the document mean?

M. GERTHOFFER: It is the seal of the office which seized the letter.

THE PRESIDENT: Does the French Government in any way certify this

document? You see, we do not know what that stamp on it may mean.

M. GERTHOFFER: This document was supplied by the General Agency of

Studies and Research. It is one of the supplementary services which

affixed this seal and registered it under Number 9724.

THE PRESIDENT: Yes, I see what that is; but it does not of itself show

that it is a French document, does it? Is there any French Government

report, anything which could be considered to be, within the meaning of

the article of the Charter, an official government document or report or

an act or a document set up by the government itself? Unless it comes

within Article 21, we are not at liberty to consider it as in evidence;

unless there is an affidavit which deals with it.

M. GERTHOFFER: I do not insist on the presentation of this document

since the activities of Ribbentrop as Minister for Foreign Affairs

proceed from other PS documents which have never been disputed. It is a

superfluous piece of evidence. I therefore do not insist on presenting

it. It was merely a further piece of evidence, that is all.

THE PRESIDENT: If you find that there is some government report which

identifies it, anything which proves that that stamp on it shows that it

is a government document within Article 21, then of course, you may

renew your application.

M. GERTHOFFER: I think that it is not necessary, Mr. President. There

are sufficient other documents. I do not insist. The activities of the

Defendant Keitel are also to be borne in mind.

THE PRESIDENT: One moment! You are passing over that document then. Very

well.

M. GERTHOFFER: Exhibit Number RF-1336 is composed of a series of orders,

of reports of the army and of the Einsatzstab. It was Document Number

1015-PS(k), submitted by the Prosecutor of the United States as Exhibit

Number USA-385.

“The directives concerning the co-operation with the Armed

Forces will be issued by the Chief of the High Command of the

Armed Forces in agreement with Reichsleiter Rosenberg.”

I shall not insist on the responsibility of the Defendant Keitel. My

colleague, who is charged with the individual indictments, will lay

special stress on the development of this point, and to expedite the

proceedings I shall merely mention the following: The Defendant

Seyss-Inquart bears a grave responsibility for the pillaging in Holland

of works of art and books.

I thus come to the conclusion of my presentation (Page 64). Whatever the

markets, whoever the purchasers where the traffic in works of art is

concerned, the motive is the same and the methods are the same. It is

difficult to conceive that identical acts of pillaging, committed

simultaneously in all the occupied countries of western Europe, were not

the result of one single will, a ruthless will to dominate in every

sphere, which expressed itself in a desire to invest the most irregular

acquisitions with an appearance of legality. This is proved by the

numerous declarations of the defendants, such as have been submitted to

the Tribunal. A will to dominate the cultural sphere was expressed by

the intention to extend the “action” of confiscation to ever fresh

fields. A will to despoil the occupied countries manifested itself right

up to the very last hours of the occupation. And this will be my last

reading to the Tribunal, Document Number 160-PS, entered in the document

book under Exhibit Number RF-1346. Here is the text. It is extremely

brief:

“14 August 1944—Mission.

“The Chiefs of Special Missions (Haupteinsatzführer), Dr. Lohse

and Dr. Borchers, of my Einsatzstab for the occupied

territories, are charged with the immediate removal, from the

Jeu de Paume Museum and the Louvre depot, of works of art taken

into safe custody by order of the Führer and still stored in

Paris, by all means of transport still available.

“The Reich Marshal of the Greater German Reich has recently, by

a personal directive of 13 August 1944, placed the two

above-named persons at the disposal of the Einsatzstab until the

completion of this operation. It is requested that every

possible assistance be rendered to these Chiefs of Special

Missions.”

Whatever the reasons of a juridical nature submitted by the Germans to

justify the seizures of Jewish property (Page 65), this property has

never lost the character of private property; and it has, for this

reason, always remained guaranteed by the clauses of the Hague

Convention and especially by Article 46. The seizure of this property

cannot, in particular, be explained as a measure of protection rendered

necessary by circumstances, since, for France at least, the French

Administration of Domains was in a position to take all the measures

desired. As for the fate reserved for the seizures by the National

Socialist leaders, the documents produced have sufficiently shown their

intentions and their plans.

The Defense will undoubtedly object that important treasures of national

works of art from the occupied territories were not taken to Germany. If

such an argument were presented, I should answer:

1. For various reasons the occupying authorities did not have the

possibility to do so since they barely had time to centralize, to

catalog, and to transport the numerous objects of art of which the

occupied countries had been dispossessed. 2. It is obvious that the

occupational authorities seized by priority the private works of art

which are, generally speaking, easily negotiable even in neutral

countries, whereas national works of art are, in a certain sense,

outside the commercial sphere and are in any case difficult to negotiate

in foreign countries.

It may perhaps be claimed that, a great number of works of art having

been recovered, the accusation of removing them no longer applies.

You will consider, Gentlemen, that if many works of art have been

recovered by the Allied armies, usually in hiding places, the

reprehensible fact held against the defendants nevertheless remains. As

a matter of fact these works of art have been recovered against their

will and thanks to the victory of the Allied armies. The crime had,

therefore, been entirely consummated at the time of their discovery. It

is clear from the declaration that it is chiefly works of art belonging

to private individuals of Belgian, Dutch, and French nationality, mostly

qualified as Jews by the occupying power, which were looted—looted with

the obvious intention of gratifying their personal vanity and of

obtaining valuable property, viewed from an economic standpoint,

contrary to the principles of international law.

These acts of pillage were often accompanied by aggravating

circumstances, not the least of which was the constant menace of

violence threatening the population of the occupied countries. The

looting of works of art, therefore, appears as a form of general

economic pillaging and the defendants must answer for this before your

high jurisdiction.

THE PRESIDENT: Could you tell me what Document FA-20, 21, and so forth,

refers to? There is an inscription which is on these various documents.

If you look at Document RF-1333 or RF-1334, you will see that on the

copies that are before us there is an inscription “International

Military Tribunal” and then the “French Delegation, the Public Ministry,

Economic Section” and then “LVR, Document FA-21” and “Document FA-20.”

Now, where is Document FA-21, and where is Document FA-20?

M. GERTHOFFER: It is a serial number referring to the document sent to

us. It is 1334 which was rejected by the Tribunal.

THE PRESIDENT: Yes, but what is Document FA-20 or Document FA-21, what

does it mean?

M. GERTHOFFER: FA-20 is the serial number which had been given to this

document in the series of documents which we received. It is of no

importance.

THE PRESIDENT: You mean that it is only a number given by you or that it

is a number given by the Economic Section of the. . . ?

M. GERTHOFFER: It is a number given to it by the Economic Section.

THE PRESIDENT: Well, then if that is so, if it is the number given to

this document by the Economic Section, it does identify the document as

a document of a public nature.

M. GERTHOFFER: We had likewise given to the document which I quoted a

short time ago, a number which was 1333 for Document FA-21.

THE PRESIDENT: Document FA-21, 1333.

M. GERTHOFFER: We likewise gave it a number.

THE PRESIDENT: I see, the Economic Section is merely a section of the

French Prosecution.

M. GERTHOFFER: Yes, it is a section of the French Prosecution.

THE PRESIDENT: M. Mounier.

M. PIERRE MOUNIER (Assistant Prosecutor for the French Republic): Mr.

President, your Honors, Gentlemen of the High International Military

Tribunal, we have the honor of appearing before your high jurisdiction

in order to submit the conclusions of the French Prosecution in

connection with the responsibilities individually incurred by the

defendants brought before this bar of justice. In pursuance of the

allotment of the various tasks incumbent on each of the four nations,

resulting both from the Indictment presented in compliance with the

Charter of 8 August 1945 and the agreements reached between the four

Delegations, the French Prosecution, in its presentation, has

particularly applied itself to the study of the war crimes under the

third Count of the Indictment, that is, the crimes committed by the

defendants in France and in the countries of western Europe during

hostilities and during the German occupation. It arises quite naturally

that, in the explanations about to follow, the case of some of the

defendants will be set aside, although their responsibility will already

have been established by the other delegations who are, if I may say so,

more interested in the crimes committed by the defendants and which

correspond to the first, second, and fourth Counts of the Indictment.

The French Prosecution, nevertheless, intends to join in the accusations

raised by the other delegations against such of the defendants as

concern them directly, especially against the Defendants Von Neurath and

Von Ribbentrop. The French Delegation associates itself with the

statement presented against them by Sir David Maxwell-Fyfe. The same

holds good as far as the Defendants Hess, Kaltenbrunner, Frank, Bormann,

Funk, Schacht, Von Papen, Baldur von Schirach, Streicher, Raeder,

Dönitz, and Fritzsche are concerned.

On the other hand, Mr. President, your Honors, we should like, in this

brief presentation, slightly to deviate from the order of priority in

which the defendants appear, both in the Indictment and in the dock, so

as to elucidate matters. As a matter of fact it would appear desirable,

when presenting some of the chiefs of the National Socialist conspiracy,

as viewed from the angle of crimes committed in the West, to show how

they materialized their philosophical, political, economic, diplomatic,

and finally their military conceptions. Consequently, this order will

determine the order in which we shall present the case of these

defendants.

On the other hand the defendants, in pursuance of the rule adopted by

the Tribunal for governing the proceedings which it intends to follow in

this Trial, have not yet given their oral explanations before the Court;

and the hearing of the majority of the witnesses, or at least of the

more important witnesses, has not yet taken place.

That is why the French Prosecution, with the permission of the Tribunal,

reserves the right of completing at a later date its statement regarding

the defendants taken individually on the one hand, and the groups

accused—according to the expression used by my eminent friend,

Prosecutor Boissarie—of “international indignity,” on the other hand.

Needless to say, the final impeachment would be carried out with the

utmost sobriety, since the French Delegation is anxious to avoid, as far

as possible, any unnecessary prolongation of the proceedings.

An imposing number of documents has been submitted to the Tribunal.

Their reading, presented in the first instance for the information of

the Tribunal, then for the information of the Defense, and finally, be

it said, for that of universal public opinion, has already taken up a

very considerable time. That is why, with the permission of the

Tribunal, we shall abstain, as far as possible, from presenting the

Tribunal with still more copious documents. Sufficient written evidence

has already been furnished by the American, British, and French

Prosecutions which, when added to those still to be submitted by the

Prosecution of the Union of Soviet Socialist Republics, will assure the

Tribunal of the defendants’ guilt.

We shall therefore content ourselves, in general, with quoting documents

already produced, in order to correlate the facts which we shall bring

forward with the evidence already supplied. I should like, however, Mr.

President, before approaching the case of the defendants whom I wish to

accuse individually, to make a statement of a very general nature. It

would be idle to pretend that a certain part of this public opinion—and

not the least enlightened part at that—in the Old as well as in the New

World, has evinced surprise in seeing this Indictment, which is the

foundation of the present proceedings, collectively denounce the

criminal character of certain organizations of the Reichsregierung, the

Leadership Corps of the National Socialist Party, the SS including the

SD, the Gestapo, the SA, the General Staff, and the High Command.

In this connection the Tribunal has been good enough to invite the

various prosecutions to present written memoranda in order to establish

the validity of the imputations contained in the Indictment. But may I

be allowed, before a more complete memorandum is handed to your high

jurisdiction, to present to the Tribunal a few ideas which appear to me

necessary to be recalled. It appears, as a matter of fact, that this

concept of a collective responsibility of the various groups goes hand

in hand with the concept of conspiracy constituting the other governing

ideas of the Indictment. There is no doubt, as far as this idea of a

conspiracy is concerned as featured in the Indictment, that one finds,

in the first instance, in the acts of the defendants that mystery which

generally accompanies any conspiracy, whatever its nature, and that the

various documents already supplied to the Tribunal are sufficient to

confirm the existence of all the elements which render it possible for

me to state that the defendants, their co-authors, and their accomplices

had, in fact, conceived and realized the fraudulent agreement which was

to enable them to make an attempt on the peace of the world by means

contrary to the laws of war, to international law, and to international

morality.

There is no doubt that the Nazi leaders had invested all their meetings

with a guise of secrecy, whether these meetings were regular and

administrative in nature or whether they were of a casual or of an

informal variety. This fact in itself would be normal if one could

isolate it from all the others; but added to all the other elements in

the case, it clearly shows the guilty intent of the conspirators, for

this absolute secrecy alone could imply the use of the criminal means

which we shall have to emphasize.

I shall moreover remind the Tribunal that very often, where the orders

transmitted were concerned, very often it happened that certain

paragraphs had been erased so that no traces could remain. The Defendant

Hermann Göring admitted this in the course of the interrogations.

Consequently this fact proves the intent not only to act in the greatest

secrecy, but also the intent of doing away with every trace of what had

happened.

If I were permitted to transpose an expression used during the War of

1914-18, an expression applied to the sinking of certain ships of

friendly or allied nations, I should say, where this particular

paragraph is concerned, that it was a case of “spurlos versenkt,” that

is, sunk without trace.

On the other hand, the proof of this fraudulent agreement is evident

from the eminently and evidently criminal nature of the decisions taken

in these secret councils for incorporation.

THE PRESIDENT: It is just one, now, would it be convenient for Counsel

to break off at this time?

M. MOUNIER: I am at the disposal of the Court.

THE PRESIDENT: Very well.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: M. Mounier, owing to technical difficulties we will not

be able to continue the sitting this afternoon because the technical

difficulties, we are advised, cannot be remedied for some hours; and

under those circumstances, the Tribunal thinks it better to adjourn now.

But the Tribunal hopes that you will be able tomorrow to conclude the

case on behalf of the French Prosecution, and that the case against the

Defendant Hess will be presented on behalf of the British Prosecution.

M. MOUNIER: I understand, Mr. President, and I shall get in touch with

my British colleague as requested by the Tribunal.

THE PRESIDENT: Sir David Maxwell-Fyfe, do you wish to say anything?

SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom):

No, My Lord, we are ready to go on with the presentation against the

Defendant Hess, and we think that it should take two and a half hours,

approximately.

[_The Tribunal adjourned until 7 February 1946 at 1000 hours._]

FIFTY-THIRD DAY

Thursday, 7 February 1946

_Morning Session_

M. MOUNIER: Mr. President, Your Honors, before the adjournment yesterday

I had begun to explain to you very briefly the relation which, in our

opinion, exists between two of the main themes in the Indictment, to

wit, the accusation of conspiracy brought against certain groups

designated in the Indictment and which I enumerated yesterday, on the

one hand; and, on the other hand, the various acts which enable us to

form our conclusions as to the criminal character of the activity of the

National Socialist conspirators.

I told you, to begin with, that what appeared to us to be at the bottom

of this criminal activity was the profound mystery, the absolute mystery

surrounding their meetings, both official and unofficial, a fact which

is corroborated by statements made by certain of the defendants in their

interrogatories from which it frequently emerged that some of the orders

emanating from high places were to be suppressed and annulled, so as to

leave no trace.

We consider, likewise, that proof of the fraudulent collaboration which

existed among the conspirators is afforded by the criminal character of

the decisions made at these secret councils, which aimed at the conquest

of neighboring countries through wars of aggression.

Finally, proof of this fraudulent collaboration is afforded, in our

opinion, by the way in which these criminal plans were carried out by

the employment of all sorts of means condemned both by international

morality and by the letter of the law; for example, in international and

diplomatic spheres the most cynical plots, the use in foreign countries

of what is known as the “Fifth Column,” financial camouflage, the

exertion of improper pressure backed by demonstrations of violence, and

finally—when these methods no longer proved effective—the waging of a

war of aggression.

As for those individuals who regularly and of their own free will took

part in meetings of groups and organizations, such as those denounced in

the Indictment as internationally odious, their voluntary membership in

these groups or the active and deliberate part which they took in their

activities suffice to show that they had every intention of giving their

active co-operation to these groups in a way which admits of no possible

doubt. In view of the aims pursued and the means adopted, this intention

could only be a guilty one.

In the opinion of the Prosecution, engaged in seeking the elements

constituting the crime, it would appear that this suffices to prove what

we call the _consilium fraudis_ and to enable us to verify the causal

link between this will to evil, on the one hand, and the criminal deed,

on the other, and to make it possible to retain the criminal character

of the understanding between the conspirators, which is also the

criminal character of their individual acts.

Could the chief of the Four Year Plan, when he ordered the

Plenipotentiary for Labor Allocation to recruit 1 million foreign

workers for the Reich, forget that this act was contrary to

international conventions and leave out of consideration the tragic

consequences which the execution of this murderous action would entail,

and has in fact entailed, for these people and for their families?

Could the Minister for Armaments and War Production who set up, in

agreement with or by order of the Chief of the Air Force, underground

aircraft factories in the internment camps—could he, I say, fail to be

aware that under such conditions to use prisoners who were already

exhausted was equivalent to causing their premature death?

Could the diplomat who, on various pretexts, treated diplomatic

instruments intended to assure the stability and the peace of the world

as scraps of paper—could he lose sight of the fact that these acts

would plunge the civilized world into catastrophe?

Whether their conscience was at that moment disturbed by the feeling,

more or less obscure, that they were infringing human and divine laws is

a question which need not be asked on the juridical plane on which you

will be working. But even assuming that we should consider it our duty

to put this question to ourselves on the psychological plane as a result

of scruples, we should then have to remember two essential concepts. The

first is that the German, as a French writer puts it, at times combines

in himself the identity of contraries. Consequently, it is possible that

in certain cases he may consciously do evil while remaining convinced

that his act is irreproachable from the moral point of view. The second

concept is that, according to the law of National Socialist ethics

sometimes put into words by certain National Socialist leaders, that

which promotes the interests of the Party is good; that which does not

promote the interests is evil.

And yet, our personal impression on the occasion of the masterly speech

given by M. François de Menthon was that some of his words, striking in

their accent of deep humanity, had stirred some consciences. Even today,

after so many accumulated proofs, we may wonder whether the defendants

admit their responsibility as chiefs, as men, as representatives of the

incriminated organizations. This will perhaps be revealed in the course

of the proceedings.

Mr. President, Your Honors, with the permission of the Tribunal we shall

now take up the question of the Defendant Alfred Rosenberg.

Gentlemen, the young French student who in 1910 had the joy of spending

his vacation in Bavaria, then one of the happiest of the German

provinces, could hardly suspect that thirty-five years later he would be

called upon to apply international law against the masters of that

country. When, after stopping at the Bratwurstglöcklein, he climbed up

to the ramparts to look at the sunset from the heights of the Burg,

while the lines of a ballad by Uhland rang in his memory, he did not

think that evil masters and false prophets would twice in a quarter of a

century unchain the lightning over Europe and the rest of the world, and

that through them so many treasures of art and beauty would be

destroyed, so many human lives sacrificed, so much suffering piled up.

Indeed, when one studies the genesis of this unheard-of drama there can

be no question of romanticism; what we have to deal with rather is a

perverted romanticism, a morbid perversion of the sense of greatness,

and the mind is baffled by the true significance of the ideas of

National Socialism—ideas which I shall touch upon only in passing to

show how they led the Defendant Rosenberg, since it is he of whom I am

speaking, and his codefendants to commit the crimes which are held

against them:

The concept of race, to begin with, which we see arising in a country

which in other respects resembles any other but where the intermingling

of ethnic types of every variety took place through the centuries on a

gigantic scale; this anti-scientific confusion which mixes the

physiological features of man with the concept of nations; this

neo-paganism which aims at abolishing the moral code, the justice, and

security which 20 centuries of Christianity have brought to the world;

this myth of blood which attempts to justify racial discrimination and

its consequences: slavery, massacre, looting, and the mutilation of

living beings!

I shall not dwell, Mr. President, on what we consider a jumble of

nonsense which claims to be philosophy and in which may be found to be

the most heterogeneous fragments of all kinds taken from every source,

from the megalomaniac concepts of Mussolini, Hindu legends, and the

Japan of the samurai, the cradle of fascism, which swept over the world

like a tidal wave. The previous presentations have already adequately

dealt with these conceptions. I shall simply stress today that these

pseudo-philosophic conceptions tended solely to set back humanity

thousands of years by reviving the clan conception, which assumes the

law of might as the supreme law—the Faustrecht already formulated by

the Iron Chancellor, the right to cheat others, the right to take the

property of others, the right to reduce man to slavery, the right to

kill, the right to torture.

But _homo sapiens_ refuses to return to the state of _homo lupus_.

International law is not morality without obligation or sanction. The

Charter of 8 August has recalled and specified the obligation; it is for

you, Gentlemen, to apply the sanction.

One of the consequences of these theories of the superiority of the race

or of the so-called “Germanic Race” was to lead certain of the

conspirators, particularly the Defendant Rosenberg, of whom we are

speaking, to become plunderers; and it is this aspect of the activities

of the Defendant Rosenberg which I should like very briefly to stress,

for it concerns France and the occupied countries of the West and had

deeply harmful consequences for their artistic, intellectual, or merely

utilitarian heritage.

I wish to speak of all the measures decreed or applied by Rosenberg with

the aim of removing from France and the western countries cultural

treasures, works of art, and property belonging to groups or

individuals, and transferring to Germany all these riches.

Gentlemen, owing to the limited time which we have at our disposal, I

shall limit myself today to recalling how certain organisms were made to

collaborate in this pillaging through orders from higher quarters. I

shall indicate, first of all, the part played by the Gestapo, which was

ordained by a decree issued by the Defendant Keitel, dated 5 July 1940,

which bears the Document Number 137-PS and which was submitted by the

American Delegation, under Exhibit Number USA-379, on 18 December 1945

(Exhibit Number RF-1400). I refer likewise to a second order dated 30

October 1940, which reinforced and detailed the orders given in regard

to pillaging by what was known as the Einsatzstab Rosenberg. This is

Exhibit Number RF-1304 (Document Number 140-PS), which was quoted by the

Economic Section of the French Prosecution.

Thus, Keitel and Rosenberg went back to the conception of a booty

exacted by the triumphant German people from the Jewish people with

regard to whom it was not bound by the conditions of the Compiègne

Armistice. This intervention by the chief of the army, as indicated by

the orders to which I have just referred, suffices in my opinion to

prove the important part played by the German Army in this looting; and

the Tribunal will not fail to remember that when it makes its decisions

as to the guilt of the Defendant Keitel and the Defendant Göring.

If I mention the Defendant Göring, it is because a third document proves

that this defendant gave the operation his full support, inviting all

the organizations of the Party, the State, and the Army to afford the

fullest possible support and assistance to Reichsleiter Rosenberg and

his collaborator Utikal, whom Rosenberg himself had appointed Chief of

the Einsatzstab on 1 April 1941. This is the order of 1 May 1941, which

we produced under our Exhibit Number RF-1406 (Document Number 1614-PS).

If we examine the text of this decree carefully we cannot fail to be

struck by the first paragraph. The Tribunal will surely allow me to

reread it rapidly:

“The struggle against the Jews, the Freemasons, and other

ideologically opposed forces allied to them, is a most urgent

task of National Socialism during the war.”

Thus, it was enough for one to have a philosophy of life different from

that described as the Nazi Weltanschauung, to be exposed to the danger

of seeing one’s cultural property seized and transferred to Germany. But

the Tribunal will surely remember from the documents already presented

to it, that not only cultural property was involved, but that anything

with any kind of value was taken away.

The Defendant Rosenberg tried, in the course of an interrogation carried

out by the superior officers in charge of the preliminary investigations

to claim, without much conviction, it seems to me, that the cultural

property in question was intended solely to adorn the collections of the

National Socialist Hohen Schulen. We shall see presently, in presenting

the text of this interrogation, how we may judge this. But it is a fact

which I wish to present now that, from the documents which we possess,

at least, it does not seem that the Defendant Rosenberg appropriated

works of art, precious stones, or other objects of value for himself.

Consequently, in the light of the proceedings as conducted thus far, no

accusation of this kind can be brought against him. We shall not say as

much for the Defendant Hermann Göring, of whom we shall speak a little

later and who, according to the documents that we possess, may be

convicted of having appropriated to his own use part of the objects of

art taken from the countries of the East and the West.

I shall not dwell on the discussion which might arise about these

misappropriations. I shall go straight on to the interrogatory of the

Defendant Rosenberg. This is the document that was introduced yesterday

by the Economic Section of the French Prosecution, which bears the

Exhibit Number RF-1331, and which we use today as Document Number

ECH-25.

I think that the Tribunal will easily be able to refer to this

interrogatory, but meanwhile I should like very briefly to summarize the

essential points which I think should be brought up.

Colonel Hinkel, questioning the Defendant Rosenberg, asked him on what

legal grounds such looting could be justified. The Defendant Rosenberg

first answered that these seizures were justified by the hostility which

certain groups had manifested toward the National Socialist ideology.

But a little further on, on Page 4, the Defendant Rosenberg made the

following verbatim statement:

“I considered them”—he is referring to the measures which he

himself had taken—“a necessity caused by the war and by the

reasons which caused the war.”

A few moments later, pressed by Colonel Hinkel, the Defendant Rosenberg

invoked the necessity of putting into safekeeping property thus seized,

a necessity which will certainly constitute one of the main points of

his defense. But Colonel Hinkel replied to the Defendant Rosenberg:

“And so if your idea was to safeguard art objects, it sounds

rather strange, doesn’t it, that you were going to safeguard

only some art objects and not others?

“On the other hand, with regard to the maintenance of the

objects, there were objects at least equal in value to those

which had been removed, but to which no one paid any attention.”

Finally, the Defendant Rosenberg admitted that he had very often given

no receipt to those concerned, which in itself precluded any idea of

eventually returning the property to the legitimate owners.

The truth of the matter is that these were treasures of very

considerable value, and the Defendant Rosenberg in the end admitted that

he regarded these acquisitions as an accomplished fact. We consider that

the fact of having thus removed works of art and objects of value is

purely and simply what is known in civil law as misappropriation. These

misappropriations were made on a vast scale with the grandiose means

which the Third Reich had at its disposal, means which were further

facilitated by the intervention of the Army and the Luftwaffe. But it is

nonetheless true that the criminal character of these misappropriations

remains; and we urge the Tribunal, when it delivers judgment, to declare

that it was by fraudulent seizure that the Defendant Rosenberg and his

codefendants robbed France and the western countries of all the objects

of value and all the art treasures and cultural treasures.

As to what the objects themselves consisted of, Mr. President and Your

Honors, I would respectfully refer the Tribunal to the report submitted

by the Economic Section yesterday, which was made by Dr. Scholz, the

associate of the Einsatzstab Rosenberg. This report was submitted by the

Economic Section under Exhibit Number RF-1323 (Document Number 1015-PS),

and in it the Tribunal will find enumerated everything that the

Einsatzstab took out of France. In this connection I shall make an

incidental remark in answer to the question that the President asked my

colleague yesterday about the Rothschild collections. The President

asked my colleague, “Have you proof that certain collections and objects

of value were taken from the Rothschild collections?”

I should like, Mr. President, to point out that there are two proofs of

this. The first is the immediate result of the Rosenberg interrogation

of 23 September 1945. I have just spoken to the Tribunal of the

all-important questions put to the Defendant Rosenberg as to the

legitimacy and legal basis of these removals. I beg the Tribunal to

refer to Page 5 of these minutes. I read from the text the question

asked by the American officer in charge of the interrogation, my eminent

friend, Colonel Hinkel:

“Question: ‘How do you justify the confiscation of art treasures

belonging to the Rothschild family?’”—A very precise question.

It concerned the art treasures taken from the Rothschild family

by Rosenberg’s organization.

“Answer: ‘Still from the same general point of view.’”

That means that the Defendant Rosenberg claimed to justify the

confiscations made to the detriment of the Rothschilds by the reasons

which I had the honor of analyzing to the Tribunal a few moments ago.

A second consequence: The Defendant Rosenberg thus admitted with his own

lips that the Rothschild family was among those despoiled. That

confession, Mr. President, Your Honors, can be considered as one of the

proofs, one of the main proofs. This is the first answer, then, to the

question that the President asked yesterday.

The second proof which I wish to present to the Tribunal is the

following: I beg the Tribunal to refer to the report by Dr. Scholz

mentioned above and produced yesterday in the document book of the

Economic Section. This is Exhibit Number RF-1323 (Document Number

1015-PS).

If the Tribunal will kindly refer to it, that is to say, the report by

Dr. Scholz, the second paragraph of Page 1, it will find the following

statement, “The special staff not only seized a very considerable part

of the collection. . . .”

THE PRESIDENT: [_Interposing._] As I said the other day, we cannot keep

all the books before us; but it seems to me that, as you have shown that

the Defendant Rosenberg agreed that this collection had been taken, that

is quite sufficient.

M. MOUNIER: Mr. President, I understand perfectly your point of view. I

should like respectfully to point out to you that I was to speak

immediately after my colleague, and if I had done so you would have had

this document book before you. We had a delay of one day, and I

apologize for not having thought of asking you to bring this document

again this morning.

However, I respectfully ask the Tribunal to be good enough to note this

reference which it will easily find. It is a very short passage, which I

should like to read to the Tribunal. It will not take very much time.

THE PRESIDENT: Certainly.

M. MOUNIER: This declaration is simply the following:

“The special staff”—that is to say, the Einsatzstab

Rosenberg—“not only seized a very considerable portion of the

collection which the Rothschilds had left behind in their Paris

mansion. . . .”

I shall not read the rest.

Here then, Gentlemen, is an official report which cannot be disputed and

which demonstrates, like the previous proof, that the Rothschild

collection was among those pillaged.

I do not insist on these facts, which are known to you. It seems to me

that the two points on which I have just cast a ray of light suffice to

make it clear that illegal seizures—fraudulent seizures—were really

operated by the Defendant Rosenberg to the detriment of France and to

the detriment, likewise, of the western countries. As for their

importance, I do not want to abuse the patience of the Tribunal by

quoting statistics. I respectfully ask the Tribunal to refer to the

Scholz report which I have twice mentioned in the course of my previous

statements.

I should not, however, wish to leave the case of Rosenberg, for the time

being, without quoting to the Tribunal a passage from an article by the

French writer François Mauriac, of the French Academy. François Mauriac

was present on 7 November 1945 at the inaugural session of the National

Constituent Assembly at the Palais Bourbon. On this occasion François

Mauriac invoked a memory which was recalled in _Le Figaro_ of 6 November

1945 in the following terms:

“Almost five years ago to a day, from the height of this

rostrum, the most illustrious in Europe, a man spoke to other

men dressed in field grey. His name was Alfred Rosenberg. I can

testify to the exact date. It was 25 November 1940.

“Rosenberg leaned his elbows on this rostrum, where the voices

of Jaurès and of Albert De Mun were once heard and where, on 11

November 1918, Clemenceau nearly died of joy. Here are his

words:

“‘In one gigantic revolutionary burst’—he said—‘the German

nation has reaped such a harvest as never before in its history.

The French will admit one day, if they are honest, that Germany

has freed them from the parasites of which they could not rid

themselves unaided.’

“And the Nazi philosopher”—continues Mauriac—“then proclaimed

the victory of blood. He meant”—writes Mauriac—“the victory of

race; but it happens that a man may utter prophetic words

unwittingly and without realizing the full import of the words

which God places upon his lips. As Rosenberg predicted at the

Palais Bourbon on 25 November 1940, it was indeed blood that won

the victory. It was the blood of the martyrs which in the end

choked the executioners.”

M. President, with the approval of the Court, and with the same brevity

as heretofore—and I hope the Tribunal will appreciate the care I am

taking not to abuse its patience—I should like to say a few words on

the individual charge against the Defendant Fritz Sauckel.

Your Honors, the Tribunal is already acquainted with the really

remarkable work, the genuinely positive work, presented to it some time

ago by my colleague and friend, M. Jacques Bernard Herzog. This is why,

with your permission, I shall pass over the facts themselves, which are

known to you, and limit myself to the part beginning on Page 3 of my

brief; and we shall examine together, if it please the Tribunal, the

grounds for the pleas advanced up to now by the Defendant Fritz Sauckel.

One question must be asked first of all: Was Fritz Sauckel acting under

orders when he carried out this recruiting—so-called voluntary in part

but compulsory in most cases—this recruiting of laborers destined to

supply the needs of the German Reich?

According to Sauckel, when he was appointed Plenipotentiary for the

Allocation of Labor on 27 March 1942, his initial program did not

include the conscription of foreign workers; and it is supposed to have

been Hitler who intervened then. For it is striking, Your Honors, when

you read the minutes of the interrogations and also, I am sure, when the

defendants speak before the Tribunal, you will see that most of them

take refuge behind two great shadows; the shadow of the former Führer

and the shadow of his accursed second, Himmler. Here we can see Hitler

intervening to tell Sauckel, according to the latter, that the use of

foreign workers in the occupied territories is not contrary to the Hague

Convention for two reasons; firstly, the countries involved surrendered

unconditionally and consequently we can impose any kind of labor

conditions on them, and secondly because Russia has not signed this

convention. If, therefore, we use Russian workers on compulsory labor

and make them work to death, we are not violating the Hague Convention.

This, Your Honors, is the reasoning of the Defendant Sauckel on this

point, without the addition of a single word. Hitler is supposed to have

ordered him to recruit workers, at first using persuasion and then all

the means of compulsion which you already know; suppression of ration

cards, for instance, which compelled men, who saw their wives and

children starving, to volunteer for work which would be used against

their own fellow citizens and against the soldiers of the Allied armies

with whom all their sympathies lay.

The Tribunal will know how to deal with such an excuse for, in the first

place, Sauckel, by virtue of the powers conferred upon him by his

office, enjoyed full authority in regard to everything to do with the

labor necessary for the execution of the Four Year Plan. On the other

hand, on taking up his appointment as Plenipotentiary for Labor

Allocation, Sauckel knew that he would be unable to carry out his

mission without resorting sooner or later to means of coercion. In any

case, Sauckel, as well as most of the defendants who are before you,

enjoyed the most extensive powers, indeed autonomous powers.

Consequently, he cannot shelter behind orders received.

THE PRESIDENT: M. Mounier, you must forgive me if I interrupt you; but

as I pointed out yesterday, I think, we have already had an opening

statement which contained argument from the United States, from Great

Britain, and from M. De Menthon on behalf of France, and we have, in the

past, confined other counsel. . . .

Do you hear me? I was saying that after having heard the opening

statement from the United States, from Great Britain, and from France,

we have in the past, confined the counsel who have followed them to a

presentation of evidence and have not permitted them to go into an

argument.

I am not sure that that rule has been strictly carried out in all cases

because it is, perhaps, somewhat difficult to confine the matter; but we

have, on several occasions, pointed out to counsel who have followed the

counsel who made the leading statement that they ought to confine

themselves to a presentation of the evidence. I think the Tribunal would

wish you, if possible, to adhere to that rule and, therefore, not to

argue the case but to present the evidence, that is to say, to refer us

to the evidence insofar as it has already been put in evidence; to refer

us to it by its number, possibly stating what the substance of the

evidence is; and, in reference to any document which has not yet been

put in evidence, to read such parts of that document as you think

necessary.

M. MOUNIER: Very well, Mr. President, to meet the wishes of the

Tribunal, I shall limit myself, as concerns the Defendant Sauckel, to

referring to figures which, it seems to me, do not admit of argument,

since they are the figures given by the Defendant Sauckel himself under

interrogation. This does not seem to me to infringe upon the rule which

the President has just drawn to my attention.

The figures stated are the following: In 1942 there were already a

million foreign workers in Germany. In one year Sauckel incorporated

into the economy of the Reich some 1,600,000 war prisoners to meet the

needs of war economy.

I beg to refer the Tribunal to Exhibit Number RF-1411 in my document

book. This is an interrogation of the Defendant Speer under the date of

18 October 1945, which has already been submitted by the United States

Prosecution on 12 December 1945, under Exhibit Number USA-220 (Document

Number 3720-PS). In this interrogation the Defendant Speer states that

40 percent of all prisoners of war were employed in the production of

arms and munitions and in related industries.

I likewise offer under Exhibit Number RF-1412 (Document Number 1292-PS)

of 13 December 1945, a memorandum signed by Lammers, Secretary of the

Reich Chancellery, giving an account of the discussion which occurred at

a conference held on 4 January 1944. On that date, 4 January 1944, in

the course of a conference, at which, in addition to the Defendant

Sauckel, the Führer himself, Himmler, Speer, Keitel, Field Marshal

Milch, and others were present, the number of new workers to be

furnished by Sauckel was fixed at four million.

I must mention in this connection that in the course of this meeting,

Sauckel expressed doubts as to the possibility of furnishing this number

of workers unless he were given sufficient police forces. Himmler

replied that he would try to help Sauckel to achieve this objective by

means of increased pressure.

Consequently, when the Defendant Sauckel claims, as he probably will do,

that he had absolutely nothing to do with the institution now spurned by

everyone, known as the Gestapo, we may answer him by official German

documents showing that for the recruitment of labor he really did employ

the police with all the more or less condemned means already pointed out

to you.

As for France alone, the demand for workers at the beginning of 1944

amounted to one million; and this figure was over and above the number

of men and women workers already sent to Germany, who in June 1944

numbered one million to one and a half million.

The Defendant Sauckel, therefore, committed the offenses already known

to the Court. We have an old adage, an old slogan we may say, according

to which “The court is the law”; and it is proper to present only the

facts. I shall, therefore, abstain from reading the passage on Page 9 of

my presentation dealing with those articles of the law under which the

activities of the accused, Sauckel, are punishable.

Mr. President, Your Honors, I should like now to summarize the activity

of the Defendant Speer, for as regards France and the western countries

the Defendant Speer incurs responsibilities of the same nature as those

of the Defendant Sauckel. Like the defendant of whom I have just spoken,

he permitted violations of the laws of war, violations of the laws of

humanity, in working towards the drafting and carrying out of a vast

program of forced deportation and enslavement of the occupied countries.

Speer, Mr. President, first took part in working out the program of

forced labor and collaborated in its adoption. In the course of his

interrogatory, he stated under oath: First, that he took part in the

discussion at which the decision to use forced labor was made; second,

that he collaborated in the execution of this plan; third, that the

basis of this program was the removal to Germany by force of foreign

workers on the authority of Sauckel, Plenipotentiary for Allocation of

Labor under the Four Year Plan. The Tribunal will kindly refer to

Document Number 3720-PS, submitted by the United States Delegation on 12

December 1945, which I quote under Exhibit Number RF-1411 of our

documentation.

As regards France, in particular, Hitler and the Defendant Speer held a

conference on 4 January 1943 in the course of which it was decided that

more severe measures would be taken to expedite the recruiting of French

civilian workers without discrimination between skilled and unskilled

workers. This is made clear by a note to which I would ask the Tribunal

to refer. That is a note signed by Fritz Sauckel, himself. It has

already been presented by the American Prosecution under Document Number

556-PS (Exhibit Number RF-67).

The Defendant Speer knew that the levies for forced labor in the

occupied territories were obtained by violence and terror. He approved

the continuation of these methods from September 1942 onward. He knew,

for instance, that workers were deported by force from the Ukraine to

work in the Reich. He knew, likewise, that the great majority of workers

in the occupied regions of the West were sent to Germany against their

will. He even declared before the American magistrate who was

questioning him that he considered these methods regular and legal.

The Defendant Speer, knowing that the foreign workers were recruited and

deported for forced labor in Germany, made specific demands for foreign

workers and provided for their employment in the various branches of

activity placed under his direction.

The preceding paragraphs summarize all the declarations made by the

defendant in the course of the interrogation already mentioned and to

which I have just referred.

I beg to remind you that Speer, in addition, was a member of the Central

Committee of the Four Year Plan. On account of this, and in common with

Field Marshal Milch, only Hitler and Göring were superior to him as far

as demands for labor were concerned. He likewise took part, in this

capacity, in discussions which took place with Hitler to settle the

numbers of foreign workers required. He knew that most of these forces

were obtained by means of deportation, through coercion and enslavement

of the occupied countries. Proof of this is furnished by various

passages of the minutes of the Central Committee of the Plan and from

Speer’s conferences with Hitler. I refer to Document Numbers R-123 and

R-124 which have been submitted under Exhibit Number USA-179, on 12

December 1945 (Exhibit Number RF-1414).

Speer did not hesitate to resort to methods of terrorism and brutality

as a means of achieving a peak output from the forced workers. He found

justification for the action of the SS and of the police and for the use

of concentration camps to subdue recalcitrants.

I beg to recall to the Tribunal the document relating to the minutes of

the 21st meeting of the Central Committee of the Four Year Plan, 30

October 1942, Page 1059, already quoted. This is the document which I

quoted previously, Exhibit Number USA-179, Document Numbers R-123 and

R-124 on 12 December 1945 (Exhibit Number RF-1414).

The Defendant Speer likewise bears responsibility for the use of

prisoners of war in military operations directed against their

countries; for in his capacity as chief of the Todt Organization, he

forced citizens of the Allied nations to work for this organization,

particularly, in the building of fortifications and, among other things,

the famous West Wall. He likewise forced Frenchmen, Belgians,

Luxembourgers, Dutchmen, Norwegians, and Danes to manufacture arms to be

utilized against the allies of the countries to which they themselves

belonged.

Finally—and this is a very important question regarding the

responsibility of the Defendant Speer—he participated directly in the

use of internees from the concentration camps. He proposed the use of

internees from the concentration camps in the armament factories. Now,

in view of the wretched physical condition of the prisoners, no profit

but only the extermination of the prisoners could be expected from this

measure. The use of internees from the concentration camps in the

factories had the effect of increasing the demand for this type of

labor; and this demand was satisfied in part, at least, by sending to

the concentration camps persons who, in ordinary times, would never have

been sent there.

Speer went so far as to establish, near the factories, concentration

camps which served solely to feed them with labor.

He knew the Mauthausen Camp. The Spanish witness, Boix, whom the

Tribunal heard a few days ago, attested under oath that he had seen,

with his own eyes, the Defendant Speer visit the camp at Mauthausen and

congratulate the directors of this camp. He even declared that he had

worked on the preparation of photographs of this scene. Consequently

this visit to the camp must be considered, absolutely beyond doubt. He

therefore saw for himself the barbarous conditions in which the

prisoners lived. Nevertheless, he persisted in utilizing labor from the

Camp of Mauthausen in the factories under his authority.

I have concluded the case against Speer.

THE PRESIDENT: We will adjourn now for 10 minutes.

[_A recess was taken._]

M. MOUNIER: Mr. President, Your Honors, considering the strictly limited

time at my disposal, I shall be compelled, in dealing with the Defendant

Göring, of whom I shall have the honor to speak to you, to skip Pages 1,

2, and 3 of this presentation. I ask the Court now to turn to Page 3 of

my statement.

I should like to present to the Tribunal the question of the

responsibility of the Defendant Göring for the measures taken against

the commandos and against Allied airmen who fell into the hands of the

Germans during their missions.

During the Trial we have on several occasions mentioned an order given

by Hitler on 18 October 1942, which was first submitted by the American

Delegation on 2 January 1946 under the Document Number 498-PS (Exhibit

Number RF-1417). It is an order detailing the measures to be taken

against commandos in operations in Europe and Africa. They were to be

exterminated to the last man, even if they were in military uniform, and

no matter what their mode of transport might be: boat, plane, or

parachute. An order was given to take no prisoners. In the occupied

territories isolated members of commandos who might fall into the hands

of the German forces were to be handed over immediately to the

Sicherheitsdienst, RSHA branch. This order did not apply to enemy

soldiers who were captured or who surrendered in open battle and within

the scope of combat operations.

Among those notified was the Oberkommando of the Luftwaffe.

Consequently, the Defendant Göring knew of this order; and in his

capacity as Commander-in-Chief of the Air Force, as well as in his

capacity as Commander-in-Chief of one of the three military services, he

has joint responsibility with the leaders of the other services.

We know, also, that on the same date, 18 October 1942, Hitler had a

memorandum distributed annotating the previous instructions and

announcing that if one or two prisoners were spared for the time being,

so that information might be obtained from them, they were to be put to

death as soon as they had been interrogated.

I refer to Exhibit Number RF-1418 (Document Number 503-PS) of 9 January

1946. The American Prosecution which produced this document has also

submitted to the Tribunal—and I shall not come back to this fact—a

certain number of cases proving that this order was frequently carried

out.

On the other hand, the Tribunal already knows that numerous Allied

airmen, who found themselves in German territory after losing their

planes, were maltreated and lynched by the Germans with the connivance

of the authorities. As evidence we present only the order of 10 August

1943 by which Himmler forbade the police to take part in these lynchings

and forbade them equally to oppose them. I refer to Document Number

R-110, presented 19 December 1945 as Exhibit RF-1419.

Goebbels, in an article in the _Völkischer Beobachter_, intervened in

the same way. Bormann, in a memorandum of 30 May 1944, confirmed these

instructions and stipulated that they should be passed on to the

administrative authorities, not in writing but by word of mouth only. I

refer to Document Number 057-PS (Exhibit Number RF-1420), cited on 17

December 1945 by the American Delegation.

These instructions were carried out to the letter, to such an extent

that the American forces have brought to trial, since the capitulation,

a considerable number of German civilians who had murdered unarmed

Allied airmen.

But the Defendant Göring was not satisfied simply to let these things

happen. At a conference which took place on 15 and 16 May 1944 he stated

that he would suggest to the Führer that not only parachutists but also

American or English crews who attacked, indiscriminately, cities and

civilian trains in motion should be put to death on the spot forthwith.

This is Exhibit Number RF-1421 (Document Number L-166), cited by the

French Prosecution, 31 January 1946, under Exhibit Number RF-377.

In fact, Göring saw Hitler between 20 and 22 May 1944. The Air Force

General, Korten, sent the Defendant Keitel a memorandum pointing out

that Hitler had decided that enemy airmen who were shot down should be

put to death without trial if they had participated in acts described as

terroristic. This is Document Number 731-PS (Exhibit Number RF-1407),

which we submit to the Court in the form of a photostatic copy. I ask

the Tribunal’s permission not to read this document. I think the

Tribunal will prefer to read it for themselves. However, I am at their

disposal if they wish me to read it.

THE PRESIDENT: No; it has already been put in, has it not?

M. MOUNIER: Yes, Mr. President.

In consequence, an agreement was made with the OKW that Himmler, Göring,

and Ribbentrop should be consulted on the measures to be taken in this

matter. Ribbentrop proposed that any attack upon German cities should be

considered as an act of terrorism. General Warlimont also, in the name

of the OKW, proposed two means: Lynching and what he called

Sonderbehandlung or special treatment, which consisted in delivering the

parties concerned to the Sicherheitsdienst where they were subjected to

diverse treatments, one of the most notorious being the well known Kugel

action, of which the Tribunal has already heard and which was simply a

way of doing away with those in question. Document Number 735-PS

(Exhibit Number RF-1452) was submitted to this effect on 9 January 1946.

On 17 June 1944 Keitel wrote to Göring to ask him to approve the

definition of acts of terrorism drawn up by Warlimont. On 19 June 1944

Göring replied through his aide-de-camp that the population should be

forbidden to act as it had done against enemy airmen and that these

enemy airmen should be brought to trial, since the Allied Governments

had forbidden their airmen to commit acts of terrorism. I refer here to

Document Number 732-PS, which I submit to the Tribunal under Exhibit

Number RF-1405.

Consequently, I draw the Tribunal’s attention to this document, dated 26

June 1944, where Reich Marshal Göring declared that he would support the

taking of judicial action against these airmen. Remember this date, 19

June 1944, because it is important.

But on 26 June 1944 the Defendant Göring’s aide-de-camp telephoned to

the OKW headquarters staff, who had insisted upon a definite reply, and

notified them that his chief, Reich Marshal Göring, was in agreement

with their definition of acts of terrorism and the procedure proposed

which, as I recall it, included two alternatives: The handing over of

those in question for Sonderbehandlung or their immediate execution. I

refer to Document Numbers 733-PS and 740-PS, cited on 30 January 1946 by

the French Prosecution, under the Exhibit Numbers RF-374 and RF-375

(Exhibit Numbers RF-1423 and RF-1424).

In a memorandum dated 4 July 1944 Hitler made it known that since the

British and the Americans had bombed small towns of no military

importance as a reprisal for V-1, he was asking the German radio and

press to announce that all enemy airmen shot down in an attack of that

kind would be put to death as soon as they were caught. Such are the

facts found in these absolutely irrefutable documents, and if I cited in

detail the reply made on 19 June 1944 by the Defendant Göring, or to be

more exact, by his aide-de-camp, it is because I am anxious to introduce

into the proceedings the documents concerning this question in their

entirety.

But I see that in spite of the existence of the order of 19 June 1944 I

am obliged to infer the full responsibility of the Defendant Hermann

Göring.

In fact, the Defendant Hermann Göring states that he never agreed to

these measures, and that Captain Breuer, who telephoned to the General

Staff of the OKW, acted—according to the Defendant Göring—without

having previously consulted him. Göring added, in the statements which

he made, that he could not be held responsible for all the absurd or

insignificant actions carried out by his subordinates.

But, Gentlemen, without even reference to the famous Leadership

Principle—for I see no reason to apply German law to the accused in any

way—the Defendant Göring is in any case responsible in his capacity as

leader. Responsibility begins with authority. Moreover, what did he do

to stop the massacre of airmen by people whom he had ordered to do the

opposite, according to orders which it was forbidden to formulate in

writing?

Even if we consider the position which he takes up in the order dated 19

June 1944, to which I have referred as establishing accurately his views

at that date on the massacre of airmen and parachutists, we are

compelled to see that at that date, 19 June 1944, even in Germany, the

most shortsighted knew that the German forces would soon succumb to the

weight of the Allied Armies.

Allied aviators were put to death in Germany throughout the war.

Moreover, if the Defendant Hermann Göring maintains that the letter of

19 June 1944 was written by his aide-de-camp, he is obliged to admit

that the letter of 26 June 1944, also written by the aide-de-camp, can

be imputed to him, although signed by one of his subordinates. We

consider, then, that this document signed by an aide-de-camp involves

Göring as much as if he had signed it himself.

Mr. President and Gentlemen, I shall not enlarge upon the responsibility

of the Defendant Göring for compulsory labor, but I respectfully beg the

Court to refer in due course to certain rays of illumination that I have

tried to indicate in this brief in order to clarify the position of the

defendant in this matter.

I shall make no further mention of the employment of prisoners of war

and internees from concentration camps, which I detailed on Page 10 of

my brief. I should like simply to say a word concerning economic

pillaging and the pillaging of art treasures. These questions are dealt

with at the bottom of Page 11 of my brief.

Concerning economic pillage, Gentlemen, I shall not stress the

considerable part played by the Defendant Göring as leader of the Four

Year Plan in all the measures which contributed to strip literally all

the western countries of their substance. I shall simply point out one

fact which, I believe, has not yet been brought to your knowledge but

which is found in the next to the last subheading on Page 12. This fact

is the following: After the Armistice in 1940, the Defendant Göring had

brought about through Roechling, the official sequestrator, the cession

to the Hermann Göring Werke of all the factories of Lorraine belonging

to the family of Wendel.

This is connected with all the operations of economic pillaging about

which the Economic Section of the French Prosecution have already

informed the Court. With regard to this, the Court will not fail to

realize that the Defendant Göring shares jointly with the Defendants

Rosenberg, Ribbentrop, and Seyss-Inquart—for the Netherlands—the

responsibility for this spoliation.

With regard to the pillaging of works of art, Gentlemen, we have

documents which permit us to draw our conclusions with regard to this

matter which is obviously an unpleasant one for a man who has occupied

the position of the Defendant Göring, namely, that a part of the works

of art and objects of value which were pillaged from the western

countries were reserved for him without any kind of compensation. I

shall not discuss the exact meaning of this act in municipal law; I

leave it to the Tribunal to apply the proper legal terms for this

matter, when it delivers its judgment. But what I should like to say

today is that the appropriation of works of art by the Defendant Hermann

Göring for his private purposes is proved in documents which cannot be

contested and which have already been submitted to the Tribunal. I refer

particularly to Exhibit Number USA-368 (Document Number 141-PS)

submitted on 18 December 1945. This document was submitted by the

Economic Section of the French Prosecution under the Exhibit Number

RF-1309.

I may rapidly recall that this document prescribes that works of art

brought to the Louvre are to be classified in a certain way:

“Firstly, those works of art of which the Führer reserved the

right to dispose of himself. Secondly, those works of art

destined to complete the collection of the Reich Marshal”—_et

cetera_.

I won’t read the rest of the document.

What followed these levies or these privative appropriations? Did the

Defendant Göring pay anything for these? The opposite seems to be the

case; for in the interrogation of the Defendant Rosenberg, which was

given under the Exhibit Number RF-1332 and to which I referred in the

course of the hearing, it is pointed out that the Defendant Göring made

his selection from the works of art assembled by Rosenberg’s staff and

made no corresponding payment to the Reich treasury.

Not to abuse the patience of the Tribunal, I respectfully beg it to go

back to Page 10 of the transcript previously cited, where it will see

the part played by the Defendant Göring in the appropriation of works of

art, and the fact that no money was paid in compensation.

I simply emphasize, in passing, that at the top of Page 11 you will find

this statement, in reply to a question asked by Colonel Hinkel. Colonel

Hinkel said this to him.

THE PRESIDENT: You are referring to Page 10 and Page 11 of which

document?

M. MOUNIER: Page 11, Mr. President, of Document Number ECH-25, which was

submitted yesterday under the Exhibit Number RF-1331, by my colleague M.

Gerthoffer. It is not there, for reasons which I have already pointed

out to the Tribunal.

Colonel Hinkel, at the bottom of Page 10, asked the following question:

“Well, doesn’t that letter state in the last paragraph that you

don’t think that Göring should pay for these articles that he

had selected because he was going to put these articles in an

art gallery?”

The reply of the Defendant Rosenberg:

“Not exactly. I would like to add the following:”—which I

consider important—“I was rather uneasy when at the outset I

heard art treasures which the Einsatzstab had sent to

Germany. . . .”

That is all, Gentlemen, I won’t say anything more. I merely want to

point out to you the annoyance which the chief of the Einsatzstab

himself felt on learning this fact.

Mr. President, Gentlemen, in regard to the participation of the

Defendant Göring in Crimes against Humanity, particularly the

concentration camps, I shall not insist; but I shall ask the Tribunal,

when they have time, to refer to a few paragraphs in which I briefly

recall the question. But there is a document which, as far as I know,

has not been submitted to the Tribunal and which I should like to submit

today. It concerns pseudo-medical experiments which I believe have not

yet been discussed.

You have frequently been told of Dr. Rascher’s experiments in the

exposure of certain persons to alternate heat and cold, but there is a

question which I treat on Page 17 of my brief and which concerns the

document which I submit today as Exhibit Number RF-1427. This is a

document which originally had the Number L-170. It is a report made by

Major Leo Alexander of the United States Army, on an institution known

as the Kaiser Wilhelm Institut. Major Leo Alexander, at the time of the

defeat of Germany by the Allied Forces, had to conduct certain

investigations. He conducted one in connection with experiments made by

Dr. Rascher and another in connection with these carried out in the

Kaiser Wilhelm Institut. This report which I submit to the Tribunal is

entitled, “Neuropathology in Wartime Germany.” This Kaiser Wilhelm

Institut was an institute designed for cerebral research. This

institution had formerly been in Berlin-Buch (Page 18 in my brief) and

was split up into three establishments, the first in Munich—I pass over

the one in Munich—the third in Göttingen. The second, the one which

interests me, was established at Dillenburg, in Hessen-Nassau, where

there was a department for special pathology directed by Dr.

Hallervorden. What is interesting, Mr. President. . . .

THE PRESIDENT: Could we see the original?

M. MOUNIER: The original? Here it is, Mr. President.

THE PRESIDENT: Is the series “L” referred to in Major Coogan’s

affidavit?

M. MOUNIER: Mr. President, I should like to point out that this Number

L-170 is the same as that referring to that same Major Leo Alexander’s

document book concerning the experiments of Dr. Rascher. It is the same

number. . . .

THE PRESIDENT: As this document has already been produced in evidence in

the series “L”—it is L-170 I think—the Tribunal will treat it for the

moment as being in evidence and will further consider its admissibility.

M. MOUNIER: Yes, sir. At all events, I should like to remind the

President, who has certainly noticed it, that I reproduce in this brief,

which has already been communicated to the Defense, the passage which I

regard as relevant to my brief. The passage is quoted in full in my

brief.

THE PRESIDENT: [_Turning to Dr. Stahmer._] Yes, we will listen to you in

a few minutes.

[_Turning to M. Mounier._] Which passage do you wish to refer to?

M. MOUNIER: Pages 20 and 21 in my brief.

THE PRESIDENT: Yes, do you wish to read them?

M. MOUNIER: I accept the decision of the Tribunal. If the Court

considers this reading superfluous, I shall limit myself to pointing out

that what I find striking in this document is the manner in which Dr.

Hallervorden ordered the delivery of brains for examination when he

says:

“‘I had heard that they were going to do that.’”—That is, to

say, to kill some sick people in different establishments by

means of carbon-monoxide.—Dr. Hallervorden explained to his

American interrogator, Major Alexander.

“‘. . . I went up to them and told them “Look here now, boys, if

you are going to kill all these people, at least take the brains

out so that the material could be utilized.

“‘They asked me, “How many can you examine?” and so I told them

an unlimited number—the more the better. I gave them the

fixatives, jars and boxes, and instructions for removing and

fixing the brains. . . .’”

I call the attention of the Tribunal to the truly horrible nature of the

measures taken in regard to the people who were to be killed merely to

have their brains examined, for they were, so he said,

“‘. . . selected from the various wards of the institutions

according to an excessively simple and quick method. Most

institutions did not have enough physicians, and what physicians

there were were either too busy or did not care, and they

delegated the selection to the nurses and attendants. Whoever

looked sick or was otherwise a problem patient from the nurses’

or attendants’ point of view, was put on a list and was

transported to the killing center. The worst thing about this

business was that it produced a certain brutalization of the

nursing personnel. They got to simply picking out those whom

they did not like, and the doctors had so many patients that

they did not even know them, and put their names on the list.’”

I shall stop my citation there, Mr. President, but what I should like to

do subsequently, unless the Tribunal is going to call upon Dr. Stahmer

to speak. . . .

THE PRESIDENT: Yes, we are now going to hear what Dr. Stahmer wants to

say.

DR. OTTO STAHMER (Counsel for the Defendant Göring): I am sorry that I

must contradict what has just been said, for there is no proof that

these things took place or that the Defendant Göring is responsible. The

Defendant Göring states that he was quite unaware of these events and

that he had nothing whatever to do with matters of that kind. As far as

I know, the Prosecution itself. . . .

THE PRESIDENT: I have to interrupt you, Dr. Stahmer. You will have a

full opportunity of presenting arguments to us to show that the evidence

which is adduced, which is brought forward now against the Defendant

Göring, has really no reference to him. You will have a full opportunity

to do that at the appropriate stage when you present the defense. The

only question we are considering now, the technical question, is whether

this document is a document which is admissible. We are considering it,

of course, but it is not the appropriate time for you to present your

argument that the document does not refer to Göring and that Göring had

no knowledge of it. That will be your defense. It isn’t an objection to

the admissibility of the document. It is an argument to show that Göring

didn’t know anything about the document and didn’t know anything about

the experiments.

Do you understand what I mean?

DR. STAHMER: Yes, sir.

M. MOUNIER: Mr. President, I only wanted, by introducing. . . .

THE PRESIDENT: Yes, M. Mounier, continue.

M. MOUNIER: Mr. President, I take leave to point out to you that my

friend, Mr. Elwyn Jones, has just pointed out to me that this is

admitted as proof in view of the conditions under which it was

submitted. This is the document entitled, “Neuropathology and

Neurophysiology, including Electroencephalography, in Wartime Germany.”

Besides this reference is found in the English copy which I submitted in

the modest document book which I submitted to the Tribunal just now. I

should like to tell you, Mr. President, in citing this short

passage. . . .

THE PRESIDENT: Maybe the Tribunal had better keep the original document

for the present.

M. MOUNIER: My aim, Mr. President, in citing this short passage, is to

demonstrate the truly atrocious way in which they treated people in

order to procure the necessary material for these so-called experiments.

According to the Prosecution this relates to Hermann Göring, for the

Tribunal will take into account the fact that these experiments were

made for the purpose of obtaining information of a scientific or

pseudo-scientific nature concerning the effects upon the brains of

airmen of all the accidents which might happen to them.

These experiments are connected with those of Dr. Rascher, concerning

which some correspondence took place. The Defendant Hermann Göring

cannot have been ignorant of this correspondence, for it directly

concerned the Air Force, which he commanded. I cite, for instance, a

letter dated 24 October 1942, which was addressed by Himmler to Dr.

Rascher and which I submit to the Tribunal under the Exhibit Number

RF-1409 (Document Number 1609-PS).

To save the time of the Tribunal I shall not read this letter. I shall

simply refer to another document which has already been cited as

Document Number 343-PS. It was submitted by the American Prosecution as

Exhibit Number USA-463, 20 December 1945 (Exhibit Number RF-1428), and

it is a letter which proves that as early as 20 May 1942 Field Marshal

Milch was charged by the Defendant Göring with the task of transmitting

to the SS his special thanks for the aid which they had given the

Luftwaffe with these pseudo-medical experiments. Consequently, we

consider that in this respect the responsibility of the Defendant

Hermann Göring is clearly established.

Mr. President and Gentlemen, I have concluded the points concerning the

Defendant Hermann Göring to which I wanted to draw the attention of the

Tribunal. There is a conclusion in my brief against the Defendant

Hermann Göring. With the permission of the Tribunal I shall not read it.

I shall say that this conclusion is an extract from an old book dating

from 1669, which is certainly known to everyone in Germany at least. Its

title is _Simplizius Simplizissimus_ by Grimmelshausen. It is a work in

which persons are seen invoking dreams. Unfortunately the realization

seems to have been achieved by the National Socialist regime.

I now go on to the Defendant Seyss-Inquart, whose case concerns most

particularly our friends in the Netherlands on behalf of whom France is

acting as counsel.

Consequently, Mr. President and Gentlemen, as regards the Defendant

Seyss-Inquart, the French Prosecution is going to outline as briefly as

possible both in the name of the Netherlands Government and in its own

name the separate charges against this defendant. The part played by the

Defendant Seyss-Inquart, his participation in the annexation of Austria,

were carefully studied during the course of this Trial. But it is his

operations in Holland which deserve to be thrown into special relief

today.

On 13 May 1940 the Netherlands Government left Holland for a friendly

Allied country. Its presence there was indicative of its firm

determination not to yield up in any way its sovereign rights.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 07 · 第 2 / 13 章