Chapter XVI: Part 16

It is impossible to name each of the intellectuals exterminated by German fury. Among the doctors we must, however, mention the disappearance of the Director of the Rothschild Hospital and of Professor Florence, both murdered, one at Auschwitz, the other at Neuengamme.

As to Holland: 110,000 Dutch citizens of the Jewish faith were arrested, only 5,000 returned; 16,000 patriots were arrested, only 6,000 returned. Out of a total of 126,000 deportees, 11,000 were repatriated after the liberation.

In Belgium, there were 197,150 deportees, not including prisoners of war; including prisoners of war, 250,000.

In Luxembourg, 7,000 deportees—more than 700 were Jews. There were 4,000 Luxembourgers; out of these, 500 died.

In Denmark (Exhibit Number RF-338, Document Number F-666 already submitted) 6,104 Danes were interned; 583 died.

There were camps within and outside Germany. Most of the latter were used only for the sorting of prisoners, and I have already spoken about them. However, some of them functioned like those in Germany and among them, that of Westerbork in Holland must be mentioned. This camp is dealt with in Document Number F-224, already submitted under Exhibit Number RF-324, which, is the official report of the Dutch Government. The camp of Amersfoort, also in Holland, is the subject of Document Number F-677, which will be submitted as Exhibit Number RF-344.

What we already know through direct testimony of the regime of the Nazi internment camps makes it unnecessary for me to read the whole report, which is rather voluminous, and which does not bring any noticeably new facts on the regime of these camps.

There is also the camp of Vught in Holland. Then in Norway the camps of Grini, of Falstad, of Vlven; that of Espeland, and that of Sydspissen, which are described in a document provided by the Norwegian Government—Document Number F-240, Exhibit Number RF-292, which we have already submitted. The Tribunal will excuse me for not reading this document, which does not give us any information that we have not heard before from the witnesses.

The camps inside Germany, like all those outside Germany which were not transit camps only, should be divided into three categories—which is in accordance with German instructions themselves which fell into our hands. You will find these instructions in your second document book, Page 11. The pages follow in regular order. It is Document Number 1063-PS, USA-492. We read:

“The Reichsführer SS and Chief of the German Police has given
his approval for the classification of the concentration camps
into various categories which take into account the prisoner’s
character and the degree of danger which he represents to the
State. Accordingly, the concentration camps will be classified
in the following categories:

“Category 1: For all prisoners accused of minor
delinquencies. . . .

“Category 1a: For aged prisoners and those able to work under
only certain conditions.

“Category 2: For prisoners with more serious charges, but still
capable of re-education and improvement.

“Category 3: For major offenders charged with particularly
serious crimes. . . .”

On 2 January 1941, the date of this document, the German administration, in dividing the camps into three categories, made an enumeration of the principal German camps throughout Germany in each category. It seems unnecessary to me to revert to the geographical location of these camps within Germany, since my American colleagues, with the help of geographical maps, have already dealt fully with this question.

The organization and functioning of these camps had a double purpose: The first, according to Document Number F-285, was to make good the labor shortage, and obtain a maximum output at a minimum cost. This document is submitted as Exhibit Number RF-346. I shall not read it _in extenso_, but from Page 14 of your second document book, I shall read the first paragraph:

“For important military reasons . . .”—this is dated 17
December 1942 and coincides with the difficulties encountered in
the course of the Russian campaign—“. . . because of great
difficulties of a military nature, which cannot be stated, the
Reichsführer SS and Chief of the German Police ordered on 14
December 1942 that, by end of January 1943 at the latest, at
least 35,000 internees, fit for work, shall be sent to
concentration camps.

“To obtain this number the following is ordered:

“As from this date and to 1 February 1943, all Eastern or
foreign workers who escaped or broke their contracts, and who do
not belong to allied, friendly or neutral states, shall be sent
back to concentration camps, by the quickest means possible.”

Arbitrary internments with a view to procuring, at the least possible cost, the maximum output from labor which had already been deported to Germany but which had to be paid since it was under labor contracts.

The organization of these camps was further intended to exterminate all unproductive forces which could no longer be exploited by German industry, and which in general might hinder Nazi expansion. Evidence for this is furnished by Document Number R-91, Pages 20 and 21 of the second document book, submitted as Exhibit Number RF-347, which is a telegram from the Chief of Staff of the Reichsführer SS, received at 2:10 o’clock on 16 December 1942 from Berlin.

“In connection with the increased allocation of labor to
concentration camps, ordered to be completed by 30 January 1943,
the following procedure may be applied regarding the Jews:

“1) Total number: 45,000 Jews.

“2) Start of transportation: 11 January 1943. End of
transportation: 31 January 1943. . . .

“3)“—The most important part of the document—“The figure of
45,000 Jews is to consist of 30,000 Jews from the district of
Bialystok; 10,000 Jews from the ghetto of Theresienstadt, 5,000
of which are capable of work and until now have been used for
light tasks in the ghetto; and 5,000 Jews generally unfit for
work, including those over 60 years of age. In order to use this
opportunity for reducing the number of inmates now amounting to
48,000 which is too high for the ghetto, I ask that special
powers be given to me. . . .”

At the very end of this paragraph:

“The number of 45,000 includes _those unfit for
work_”—underlined (italics)—“(old Jews and children included).
By applying suitable methods, the screening of newly-arrived
Jews in Auschwitz should yield at least _10,000 to 15,000 people
fit for work_.”

This is underlined in the text.

And here is an official document which corroborates the testimony of Mme. Vaillant-Couturier, among various other testimonies on the same question, as to how the systematic selections were made from each convoy arriving at Auschwitz, not by the will of the chief of the camp of Auschwitz, but the result of higher orders coming from the German Government itself.

If it please the Tribunal, my report will cease here this evening, and will be continued tomorrow, dealing with the utilization of this manpower, which I shall endeavor to treat as quickly as possible in the light of the testimonies we have already had.

[_The Tribunal adjourned until 30 January 1946 at 1000 hours._]

FORTY-SIXTH DAY
Wednesday, 30 January 1946

_Morning Session_

MARSHAL: May it please the Court, I desire to announce that Defendants Kaltenbrunner and Seyss-Inquart will be absent from this morning’s session on account of illness.

THE PRESIDENT: Dr. Babel, I understand that you do not wish to cross-examine that French witness.

HERR BABEL: That is correct.

THE PRESIDENT: Then the French witness can go home.

M. DUBOST: Thank you, Mr. President.

THE PRESIDENT: M. Dubost, there is one reason that possibly that French witness ought not to go. I think I saw she was moving out of Court. Could you stop her, please? I am afraid that she must stay for today.

M. Dubost, are you going to deal with documents this morning?

M. DUBOST: Yes, Mr. President.

THE PRESIDENT: Would you be so good as to give us carefully and slowly the number of the documents first, because we have a good deal of difficulty in finding them.

M. DUBOST: Yes, Mr. President.

THE PRESIDENT: And specify, also, so far as you can, the book in which they are to be found.

M. DUBOST: With the permission of the Tribunal, I shall continue my description of the organization of the camps and the way in which they functioned. We began last night by submitting to the Tribunal Document Number R-91 which showed that their purpose was: 1) to make good the shortage of labor; 2) to eliminate useless forces.

After Document R-91, which has been submitted under Exhibit Number RF-347, we shall read Document Number F-285, already submitted under Exhibit Number RF-346—second document book. This document is dated 17 December 1942 and is the conclusion of the document which we read to you yesterday. First paragraph:

“For important military reasons, which cannot be stated, the
Reichsführer SS and the Chief of the German Police. . . .”

THE PRESIDENT: You read that yesterday.

M. DUBOST: That is correct, Mr. President, Page 18, sixth paragraph, at the top of the page.

“Poles eligible for German citizenship and prisoners for whom
special requests have been made, will not be transferred
to. . . .”

Last paragraph, Page 19:

“Other papers will not be required for Eastern workers.”

This shows that arrests were made without discrimination in order to obtain labor and that this labor was considered to be so unimportant that it was sufficient to register it under serial numbers.

Now, we will show how this labor was utilized. Men were housed, as the witness, Balachowsky, said yesterday, near factories in Dora in underground shelters which they themselves had dug and where they lived under conditions which violated all the rules of hygiene. At Ohrdruf near Gotha, the prisoners constructed munition factories. Buchenwald supplied the labor for the factories of Hollerith and Dora and for the salt mines of Neustassfurt. The Tribunal will read in Document Number RF-301, at the bottom of Page 45:

“Ravensbrück supplied the labor for the Siemens factories, those
of Czechoslovakia, and the workshops at Hanover.”

These special measures, according to the witness, Balachowsky, enabled the Germans to keep secret the manufacture of certain war weapons, such as the V-1 and V-2:

“The deportees had no contact with the outside world. The work
of deportees enabled the Germans to obtain an output which they
could not have obtained even from foreign workmen.”

The French Prosecution will now submit Document R-129 as Exhibit Number RF-348, which the Tribunal will find in the second document book. It deals with the management of concentration camps:

“The administration of a concentration camp, and of all economic
enterprises attached to it, rests with the camp commandant.”

Fifth paragraph, Figure IV:

“The camp commandant alone is responsible for the work carried
out by the workmen. This _work_”—I underline (italics) the word
work—“this work must be, in the true sense of the word,
exhausting in order to obtain the maximum output.”

Two paragraphs lower on the page:

“The hours of work are not limited. This duration depends on the
technical structure of the camp and the work to be done and is
determined by the camp commandant alone.”

Further on, the last paragraph, Page 23 of the book:

“He”—the camp commandant—“must combine a technical knowledge
of economic and military subjects with wise and clever
management of the men so as to reach a high potential of
output.”

This document is signed by Pohl. It is dated, Berlin, 30 April 1942.

I should just like to refer again to a document which we have already quoted in relation to the camp of Ohrdruf, and which was submitted under the Number RF-140.

I will now read from Document 1584-PS, Exhibit Number RF-349. This document is signed by Göring and is addressed to Himmler. It definitely establishes the responsibility of Göring in the criminal utilization of this deported labor. I shall read the second paragraph of the second page:

“Dear Himmler:

“. . . at the same time I ask you to keep at my disposal for Air
Force armament the greatest possible number of KZ
prisoners.”—The initials “KZ” mean concentration camp.

“Experience has so far shown that this labor can be put to very
good use. The situation of the war in the air necessitates the
transfer of this industry to underground workshops. In such
workshops, work and housing can be particularly well combined
for KZ prisoners.”

We know then who was responsible for the frightful conditions which the deportees of Dora had to endure. The person responsible is in the dock.

THE PRESIDENT: You did not give us the date of that, did you? Is that 19 February 1944?

M. DUBOST: On the first page you will see that on 19 February 1944 a letter was addressed to Dr. Brandt, referring to teletypes which were sent by the Field Marshal.

THE PRESIDENT: Is it the second letter, the letter that you read? Is the date of that 19.2.44?

M. DUBOST: It is 15 April 1944 on the original, of which this is a photostat.

THE PRESIDENT: And could you tell us what KZ means, the two letters, KZ?

M. DUBOST: 15.4.44 on the original of the teletype, that means concentration camp.

THE PRESIDENT: M. Dubost, for the accuracy of the record, it appears that the letter on the second page is not 15 April 1944, but 14 February. Is that not so?

M. DUBOST: Yes. It is 14 February, 2030 hours. It is a teletype, which was booked 15 April 1944. That was the cause of my error.

THE PRESIDENT: But, M. Dubost, were you submitting or suggesting that this letter showed that the defendant, Göring, was a party to the experiments which took place, or only to the fact that these prisoners were used for work?

M. DUBOST: I was not referring to experiments. I was referring to internment in underground camps, like the Dora Camp of which the witness Balachowsky spoke yesterday in the first part of his testimony. With regard to this will to exterminate, of which I have been speaking from the beginning of my presentation this morning, I think it is proved first of all by the text of Document Number R-91, submitted under Exhibit Number RF-347, which I read yesterday afternoon at the end of the session, a letter which has not as yet been authenticated, and by statements made by the witnesses who brought you proof that, at all the camps in which they were, the same methods of extermination by work were carried out.

As far as the brutal extermination by gas is concerned, we have the invoices for poison gas, intended for Oranienburg and Auschwitz, which we submit to the Tribunal under Exhibit Number RF-350. The Tribunal will find translations on Page 27 of the second document book, Document Number 1553-PS.

I must point out, to be quite honest, that the French translation of these invoices is not absolutely in agreement with the German text. Therefore, in the fifth line, instead of “extermination” it should be “purification.”

The testimony of Mme. Vaillant-Couturier showed us that these gases, used for the destruction of lice and other parasites, were also used to destroy human beings. Besides, the quantity of gas which was sent and the frequency with which it was sent, as you can see from the great number of invoices which we offer in evidence, prove that the gas was used for a double purpose. We have invoices dated 14 February, 16 February, 8 March, 13 March, 20 March, 11 April, 27 April, 12 May, 26 May, and 31 May which are all submitted as Exhibit Number RF-350.

THE PRESIDENT: Are you putting in evidence the originals of these other bills to which you refer on this document?

M. DUBOST: I beg the clerk of the Court to hand them to Your Honor, and I request the Tribunal to examine these invoices carefully. They will observe that the quantities of toxic crystals sent to Oranienburg and Auschwitz were considerable; from the invoice of 30 April 1944 the Tribunal will see that 832 kilograms of crystals were sent, giving a net weight of 555 kilograms.

THE PRESIDENT: What is this document that you have just put in?

M. DUBOST: The 30th of April 1944, but I am taking them at random.

THE PRESIDENT: I am not asking the date. What I want to know is what is the authority for this document? It comes, does it not, from one of the committees set up by the French Republic?

M. DUBOST: No, Mr. President. The Document is an American document which was in the American archives, under the Document Number 1553-PS.

THE PRESIDENT: M. Dubost, this note at the bottom of Document 1553-PS was not on the original put in by the United States, was it?

M. DUBOST: No, Mr. President, but you have before you all the originals under the number which the clerk of the Court has just handed you.

THE PRESIDENT: Unless you have an affidavit identifying these originals, the originals do not prove themselves. You have got to prove these documents which you have just handed up to us either by a witness or by an affidavit. The documents are documents, but they do not prove themselves.

M. DUBOST: These documents were found by the American Army and filed in the archives of the Nuremberg Trial. I took them from the archives of the American Delegation, and I consider them to be as authentic as all the other documents which were filed by my American colleagues in their archives. They were no doubt captured by the American Army.

THE PRESIDENT: There are two points, M. Dubost. The first is, that in the case of the original exhibit, 1553-PS, it was certified, we imagine, by an officer of the United States. These documents which you have now drawn our attention to are not so certified by anyone as far as we have been able to see. Certainly we cannot take judicial notice of these documents, which are private documents; and therefore, unless they are read in Court, they cannot be put in evidence. That can all be rectified very simply by such a certificate or by an affidavit annexing these documents and showing that they are analogous to the document which is the United States exhibit.

M. DUBOST: They are all United States documents, and they are all filed in the archives of the United States in the American Delegation under the Number 1553-PS.

THE PRESIDENT: The American Document Number 1553-PS has not yet been submitted to the Tribunal and the Tribunal is of the opinion that they cannot take judicial notice of this exhibit without any further certification, and they think that some short affidavit identifying the document must be made.

M. DUBOST: I will request my colleagues of the American Prosecution to furnish this affidavit. I did not think it possible that this document, which was classified in their archives, could be ruled out.

This purpose of extermination, moreover, does not need to be proved by this document. It is sufficiently established by the testimony which we have submitted to the Tribunal. The witness, Boix, spoke these words: “No one is allowed to leave this camp alive . . . . There is only one exit, and that is the chimney of the crematorium.”

In Document F-321, Exhibit Number RF-331, Page 49, at the top of the page, we read:

“The only explanation which the SS men made to the prisoners was
that no captive should leave the place alive.”

On Page 179, the paragraph before the last of the French text:

“The SS told us there was only one exit—the chimney.”

On Page 174, the last paragraph before the heading “Gassing and Cremation”:

“The essential purpose of this camp was the extermination of the
greatest possible number of men. It was known as the
extermination camp.”

This destruction, this extermination of the internees, assumed two different forms. One was progressive; the other was brutal.

In the second document book which is before the Tribunal, we find the report of a delegation of British Members of Parliament, dated April 1945, submitted under Exhibit Number RF-351, from which we quote these words (the third paragraph on Page 29):

“Although the work of cleaning out the camp had gone on busily
for over a week before our visit . . . our immediate and
continuing impression was of intense general squalor. . . .”

Page 30, the last paragraph but one:

“We should conclude, however, by stating that it is our
considered and unanimous opinion, on the evidence available to
us, that a policy of steady starvation and inhuman brutality was
carried out at Buchenwald for a long period of time; and that
such camps as this mark the lowest point of degradation to which
humanity has yet descended.”

Likewise, in the report of a committee set up by General Eisenhower, Document L-159, which we submit under Exhibit Number RF-352, Pages 31, 32, and 33 of the same document book, we read:

“The purpose of this camp was extermination. . . .”

Page 31:

“Atrocities and other conditions in the concentration camps in
Germany. Report of a committee founded by General Eisenhower
under the auspices of the Chief of Staff, General George
Marshall, to the Congress of the United States, concerning
atrocities and other conditions in concentration camps in
Germany.”

Page 32:

“The mission of this camp was extermination, by starvation,
beatings, torture, incredibly crowded sleeping conditions, and
sickness. The result of these measures was heightened by the
fact that prisoners were obliged to work in an armament factory
adjoining the camp which manufactured small firearms,
rifles. . . .”

The means which were used to carry out this progressive extermination are numerous, as shown in documents which have just been handed to us. These documents, which we are going to submit, have been communicated to the Defense. They consist of printed formulas coming from Auschwitz, concerning the number of blows which could be administered to the internees or prisoners.

These documents will be handed over to the Defense for their criticism. They have just been given to us. I am not able to authenticate their origin today. They appear to me to be of a genuinely authentic character. Photostats of these documents have been given to the Defense.

THE PRESIDENT: M. Dubost, the Tribunal thinks that they cannot admit these documents at present. It may be that after you have more time to examine the matter you may be able to offer some evidence which authenticates the documents, but we cannot admit the documents simply upon your statement that you believe them to be genuine.

M. DUBOST: Moreover, everything in the camps contributed to pave the way for the progressive extermination of the people who were interned there. Their situation was as follows: They were exposed to a hard climate; some worked underground. Their living conditions have been brought to light by the testimony which you have heard. When the internees arrived, they were compelled to remain naked for hours while they were being registered or waiting to be tattooed.

Everything combined to cause the rapid death of those who were interned in the camps. A good number of them were subjected to an even harder regime, the description of which was given to the Tribunal by the American Prosecution when they submitted Document Number USA-243 and the following, dealing with the Nacht und Nebel regime, the NN.

I do not think it is necessary to return to the description of this regime. I shall merely submit a new document which shows the rigor with which the NN regime was applied to our compatriots. It appears under the Document Number F-278(b), submitted under Exhibit Number RF-326. It comes from the German Armistice Commission of Wiesbaden and shows that no steps were ever taken in reply to repeated protests by the French population, and even by the _de facto_ government of Vichy, against the silence which shrouded the internees of the NN camps.

I shall now read Paragraph 2 which explains why no reply could be given to families, who had good reason for anxiety:

“This result was foreseen and desired by the Führer. His opinion
was that effective and lasting intimidation of the population,
which would put a stop to its criminal activities against the
occupation forces, would be achieved by the death sentence, or
by measures which would leave the offenders’ next of kin and the
population generally in the dark as to their fate.”

We will not devote any more time to describing the blocks and the hygienic conditions under which the internees in the blocks lived. Four witnesses, who all came from different camps, have pointed out to you that the hygienic conditions in these different camps were identical and that the blocks were equally overcrowded in all these camps. We know that in all cases the water supply was insufficient and that deportees slept two or three in beds 75 to 80 centimeters wide. We know that the bedding was never renewed or was in very bad condition. We know likewise the conditions in which the medical services of the camp functioned. Several witnesses belonging to the medical profession have testified to this fact before you. The Tribunal will find confirmation of their testimony in Document F-121, Exhibit Number RF-354. We shall read just one line of Page 100 of your document book:

“Because of lack of water the prisoners were obliged to fetch
stagnant water from the water closets to satisfy their thirst.”

And then in Exhibit Number RF-331, (Document Number F-321), Page 119 of the French text, third paragraph:

“The surgical work was done by a German who claimed to be a
surgeon from Berlin, but who was an ordinary criminal. He killed
the patient in each operation. . . .”

Two paragraphs lower:

“The management of the block was in the hands of two Germans,
who acted as sick bay attendants—unscrupulous men, who carried
out surgical operations on the spot with the help of a certain H
. . ., who was a mason by trade.”

After the statements of our witnesses, who in their capacity as doctors of medicine were able to care for patients in the camp infirmaries, it seems superfluous to give further quotations from our documents.

When the workers had been worked to the point of exhaustion, when it became impossible for them to recover, selections were made setting apart those who were of no further use with a view to exterminating them either in the gas chambers, as related by our first witness, Mme. Vaillant-Couturier, or by intracardiac injections, as related by two other French witnesses, Dr. Dupont and Dr. Balachowsky. This system of selection was carried out in all the camps and was, moreover, in response to general orders, proof of which we showed when reading Document Number R-91, submitted under Exhibit Number RF-347.

In the first document book the Tribunal will find the testimony of Blaha, testimony which it will certainly recall and which was received here the 9 January—it is the testimony of Blaha, 3249-PS.

THE PRESIDENT: You have already given this as evidence, have you not?

M. DUBOST: I am not going to read it. I merely wish to recall it to the Tribunal because it forms part of my collection of proofs.

THE PRESIDENT: We do not want affidavits by witnesses who have already given evidence. This affidavit, 3249-PS, has not been put in, has it?

M. DUBOST: No, I am merely recalling the testimony which was given at the session. We shall not submit this document, Mr. President. We are merely utilizing this document to remind the Tribunal that during the session Blaha pointed out conditions existing in the infirmary.

To all these wretched living conditions must be added work, exhausting work, for all the deportees were intended to carry out extremely hard work. We know that they worked in labor squads and in factories. We know, according to the witnesses, that the work lasted 12 hours a day at a minimum, and that it was often prolonged to suit the whim of the camp commandant.

Document R-129 (Exhibit Number RF-348), from which I have already read, emanating from Pohl and addressed to Himmler, Pages 22 and 23 of the second document book, suggests that the working hours should be practically unlimited.

This work was carried out, as the witnesses have told us, in water, in the mud, in underground factories—in Dora for instance—and in the quarries in Mauthausen. In addition to the work, which was exhausting in itself, the deportees were subject to ill-treatment by the SS and the Kapos, such as blows or being bitten by dogs.

Our Document Number F-274, Exhibit Number RF-301, Pages 74 and 75, brings official testimony to this effect. Is it necessary to read to the Tribunal from this document, which is an official document to which we constantly refer and which has been translated into German and into English?

THE PRESIDENT: I do not think you need read it.

M. DUBOST: Thank you, Mr. President. This same document, Page 77 and Page 78, informs us that all the prisoners were forced to do the work assigned to them, even under the worst conditions of health and hygiene. There was no quarantine for them even in case of contagious diseases or during epidemics.

The French Document Number F-392, Exhibit Number RF-330, which we have already submitted, which is the testimony of Dr. Steinberg, confirms that of Mme. Vaillant-Couturier. It is the twelfth document of your first document book. We shall read at Page 4:

“We received half a liter of herb tea; this was when we were
awakened. A supervisor, who was at the door, hastened our
washing by giving us blows with a cudgel. The lack of hygiene
led to an epidemic of typhus. . . .”

At the end of the third paragraph you will find the conditions under which the prisoners were taken to the factories; in the fifth paragraph a description of shoes:

“We had been provided with wooden shoes which in a few days
caused wounds. These wounds produced boils which brought death
to many.”

I shall now read Document R-129, Pages 22, 23, and 24 in the second document book, and which we submit under the Number . . .

THE PRESIDENT: One moment; the Tribunal will adjourn now for fifteen minutes.

[_A recess was taken._]

THE PRESIDENT: M. Dubost, the Tribunal has been considering the question of the evidence which you have presented on the concentration camps; and they are of opinion that you have proved the case for the present, subject, of course, to any evidence which may be produced on behalf of the defendants and, of course, subject also to your right under Article 24-c of the Charter to bring in rebutting evidence, should the Tribunal think it right to admit such evidence. They think, therefore, that it is not in the interests of the Trial, which the Charter directs should be an expeditious one, that further evidence should be presented at this stage on the question of concentration camps, unless there are any particular new points about the concentration camps to which you have not yet drawn our attention; and, if there are such points, we should like you to particularize them before you present any further evidence upon them.

M. DUBOST: I thank the Tribunal for this statement. I do not conceal from the Tribunal that I shall need a few moments to select the points which it seems necessary to stress. I did not expect this decision.

With the authorization of the Tribunal, I shall pass to the examination of the situation of prisoners of war.

THE PRESIDENT: M. Dubost, possibly you could, during the adjournment, consider whether there are any particular points, new points, on concentration camps which you wish to draw our attention to and present them after the adjournment, in the meantime proceeding with some other matter.

M. DUBOST: The 1 o’clock recess?

THE PRESIDENT: Yes, that is what I meant.

M. DUBOST: I shall, therefore, consider as established provisionally the proof that Germany, in its internment camps and in its concentration camps, pursued a policy tending towards the annihilation and extermination of its enemies, while at the same time creating a system of terror which it exploited to facilitate the realization of its political aims.

Another aspect of this policy of terror and extermination appears when one studies the war crimes committed by Germany on the persons of prisoners of war. These crimes, as I shall prove to you, had two motives, among others: To debase the captives as much as possible in order to sap their energy; to demoralize them; to cause them to lose faith in themselves and in the cause for which they fought, and to despair of the future of their country. The second motive was to cause the disappearance of those of them who, by reasons of their previous history or indications given since their capture, showed that they could not be adapted to the new order the Nazis intended to set up.

With this aim, Germany multiplied the inhuman methods of treatment intended to debase the men in her hands, men who were soldiers and who had surrendered, trusting to the military honor of the army to which they had surrendered.

The transfer of prisoners was carried out under the most inhumane conditions. The men were badly fed and were obliged to make long marches on foot, exposed to every kind of punishment, and struck down when they were tired and could no longer follow the column. No shelter was provided at the halting places and no food. Evidence of this is given in the report on the evacuation of the column that left Sagan on 28 January 1945 at 12:30 p.m.

THE PRESIDENT: Where shall we find it?

M. DUBOST: It is in the document book submitted by M. Herzog. It is the report on the evacuation of the column that left Sagan on 28 January 1945. It is Document Number UK-78, submitted under Exhibit Number RF-46. A column of 1,357 British soldiers, including soldiers of all ranks, started out on 28 January 1945 for Spremberg.

THE PRESIDENT: Possibly this is the first document in your document book which has been handed up to us.

M. DUBOST: That is right, Mr. President. I shall now read to you the document on the evacuation of the Sagan Camp from 28 January to 4 February 1945. As the Tribunal has not the copy before it, I pass to Document Number UK-170, Exhibit Number RF-355.

THE PRESIDENT: I am just telling you that I rather think this may be the document, if it begins with “1,357 English prisoners of war. . . .” Does it begin in that way?

M. DUBOST: Yes. The document which you have before you, Mr. President, deals with the transfer of British prisoners. The one about which I wished to speak and from which I wanted to read to you dealt with the transfer of French prisoners. I think that it is not necessary for me to lengthen the session by showing the Tribunal that the British and the French prisoners were treated in the same fashion. I shall, therefore, restrict myself to your document.

“1,357 British war prisoners of all ranks marched out of Stalag
Luft III in columns on 28 January 1945, and were thereafter
marched for distances varying from 17 to 31 kilometers a day to
Spremberg, where they were entrained for Luckenwalde. Food,
water, medical supplies, and adequate accommodation were more or
less nonexistent throughout the trip. At least three prisoners
. . . had to be left at Muskau. . . .”

On the bottom of the page, three lines before the end:

“On the 31st they covered the distance of 31 kilometers to
Muskau. It is small wonder that at this stage three men,
Lieutenants Kielly and Wise, and Sergeant Burton collapsed and
had to be left in the hospital at Muskau.”

Page 2 at the end of the document:

“On the march, apart from the Red Cross parcel already referred
to, the only rations issued to the men were one-half loaf of
bread and one issue of barley soup for each. The supply of water
is described as ‘haphazard’. . . . No fewer than 15 of them
escaped during the march.”

Now a statement by M. Bondot:

“The camp conditions of the Franco-Belgian column were even more
rigorous. The camps were organized in a manner which was
contrary to all the rules of hygiene. The prisoners were crowded
into a very narrow space. They had no heat or water. There were
30 to 40 men to a room in Stalag III-C.”

M. Boudot’s statement is to be found in the report on prisoners and deportees which was also handed to you the other day by M. Herzog. I believe that the Tribunal has kept its documents of last Thursday . . .

THE PRESIDENT: We have kept those documents, but if we had them on the Bench before us you would not be able to see us.

M. DUBOST: Similar statements are found in the Red Cross reports. Berger, who was in charge of prisoner-of-war camps under Himmler from 1 October 1944, admitted in the course of his examination that the food supply of prisoners of war was entirely insufficient. The Tribunal will find on Page 3 of the document book, which is before it, an extract from Berger’s examination. Second paragraph:

“I visited a camp south of Berlin, the name of which I cannot
remember at the moment. I shall perhaps remember later. At that
time it was obvious to me that the food conditions were
absolutely inadequate and a violent argument between Himmler and
myself arose. Himmler was violently opposed to continuing the
distribution of packages of the Red Cross in the prisoner-of-war
camps at the same rate as before. As for me, I thought that in
this case we should be faced with serious problems regarding the
men’s health.”

We present Document Number 826-PS as Exhibit Number RF-356. This document was issued by the Führer’s headquarters and is a report on a visit to Norway and Denmark. It is on Page 7 of your document book, Paragraph 3:

“All the prisoners of war in Norway receive only sufficient food
to keep them alive without working. The felling of timber,
however, makes such physical demands on these prisoners of war
that, if the food remains the same, a considerable decline in
production must soon be expected.”

This note applies to the situation of the 82,000 prisoners of war held captive in Norway, 30,000 of whom were employed on very hard construction work which was being carried out by the Todt organization. This is found in the first paragraph of Page 7.

I now present to the Tribunal a document, Number 820-PS, Page 9 in the document book. It deals with the establishment of prisoner-of-war camps in the regions exposed to aerial bombardment. It was issued by headquarters. It is dated 18 August 1943. It was sent by the Commander-in-Chief of the Air Force to the Supreme Command of the Wehrmacht. We submit it as Exhibit Number RF-358, and we shall read to the Tribunal Paragraph 3:

“The Commander-in-Chief, Air General Staff, proposes to erect
prisoner-of-war camps in the residential quarters of cities, in
order to obtain a certain protection thereby.”

I skip a paragraph:

“In view of the above reason, consideration should be given to
the immediate erection of such camps in a large number of cities
which appear to be endangered by air attacks. As the discussions
with the city of Frankfurt . . . have shown, the towns will
support and speed up the construction of the camps by all
available means.”

The last paragraph:

“So far, there are in Germany about 8,000 prisoners of war of
the British and American Air Forces (without counting those in
hospitals). By evacuating the camps actually in existence, which
might be used to house bombed-out people, we should immediately
have at our disposal prisoners of war for a fairly large number
of such camps.”

This refers to the camps set up in bombed areas and areas which were particularly exposed.

On Page 10 the Tribunal will find a document issued by the Führer’s headquarters, dated 3 September 1943, dealing with the establishment of these new prisoner-of-war camps for British and American airmen. We submit this document as Exhibit Number RF-339 (Document Number 823-PS):

“1) The Commander-in-Chief, Air General Staff, is planning the
erection of further camps for air force prisoners, as the number
of new prisoners is mounting to more than 1,000 a month, and the
space available at the moment is insufficient. The Supreme
Commander of the Luftwaffe proposes to establish these camps
within residential quarters of cities, which would constitute at
the same time a protection for the populations of the town and,
in addition, to transfer all the existing camps, containing
about 8,000 British and American Air Force prisoners, to larger
towns threatened by enemy air attack. . . .

“2) The Supreme Commander of the Wehrmacht, Chief of War
Prisoners, has approved this project in principle.”

On Page 12 of the document book which the Tribunal has before it is a document, Number F-551, which we shall submit as Exhibit Number RF-360. It deals with the sentencing of prisoners of war in violation of Article 60 and the following articles of the Geneva Convention. The Geneva Convention provides that the protecting power shall be advised of judicial prosecutions that are made against prisoners of war and will have the right to be represented at the trial. The document which we submit as Exhibit Number RF-360 shows that these provisions were violated:

“In practice, the application of Articles 60 and 66,
particularly Paragraph 2 of Article 66 of the Convention of
1929, concerning the treatment of prisoners of war causes
considerable difficulties. For the application of severe penal
jurisdiction, it is intolerable that precisely for the most
serious offenses, as for instance, attacks on the guards, the
death sentence cannot be carried out until 3 months after its
notification to the protecting power. The discipline of
prisoners of war is bound to suffer from this.”

I pass over the rest of the paragraph. On Page 12:

“The following regulation is proposed:

“a) The French may be confident that the trials by German
courts-martial will be carried out thoroughly and
conscientiously as before;

“b) Germany will designate, as before, a defense counsel and an
interpreter. . . .

“c) In case of a death sentence an adequate respite will be
granted.”

On top of Page 13:

“In this respect, in urgent cases, however, Germany must reserve
for herself the right—even if not expressly stated—to execute
the sentence immediately.”

Third paragraph:

“There is no question of allowing France, by virtue of Article
62, Paragraph III (POW), of the Geneva Convention, to delegate
representatives to the chief sessions of the German Military
Tribunals.”

We possess an example of the violation of Articles 60 and those following of the Geneva Convention in the report of the Netherlands Government, which the Tribunal will find on Page 14 of its document book.

THE PRESIDENT: I think we better break off now.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

MARSHAL: May it please the Court, I desire to announce that the Defendants Kaltenbrunner and Seyss-Inquart will be absent from this afternoon’s session due to illness.

THE PRESIDENT: I have an announcement to make.

When the attention of the Tribunal was called by the Defendant Hess to the absence of his counsel, the Tribunal directed that the presentation of the individual case against Hess be postponed, so that counsel could be present when it was presented. So far as the cross-examination of witnesses who testified to matters affecting the general case and not against Hess specifically is concerned, it is the view of the Tribunal that the cross-examination conducted by counsel representing the defendants equally interested with Hess in this feature of the case was sufficient to protect his interests, and the witnesses will therefore not be recalled.

The Tribunal has received a letter from the Defendant Hess dated 30 January 1946, to the effect that he is dissatisfied with the services of counsel who has been appearing for him and does not wish to be represented by him further, but wishes to represent himself.

The Tribunal is of the opinion that, having elected, in conformity with Article 16 of the Charter, to be represented by counsel, the Defendant Hess ought not to be allowed at this stage of the Trial to dispense with the services of counsel and defend himself. The matter is of importance to the Tribunal, as well as to the defendant, and the Tribunal is of the opinion that it is not in the interests of the defendant that he should be unrepresented by counsel.

The Tribunal has therefore appointed Dr. Stahmer to represent the Defendant Hess, in place of Dr. Von Rohrscheidt.

[_Turning to M. Dubost_] Yes, M. Dubost.

M. DUBOST: I beg the Tribunal to excuse me; I was completing the work which they had requested me to do in relation to concentration camps. In a few moments, when I have completed the exposé on the question of prisoners of war, I shall present to the Tribunal the end of the French presentation concerning concentration camps. This will not be much, for we shall have only a few documents to cite. Subject to counter evidence which the Defense may bring, the systematic repetition of the same methods seems so far sufficiently established.

We were at the point of reading a document of the Dutch Government, which was already presented to the Tribunal under Document Number F-224 (Exhibit Number RF-324) and which establishes that a protest was formulated, following the secret condemnation to death and the execution of three officers: Lieutenants J. J. B. ten Bosch, B. M. C. Braat, and Thibo.

I think that the document to which I alluded this morning, which is the official report of the French Government concerning prisoners, is now in the hands of the Tribunal. It is the document submitted by M. Herzog under Exhibit Number RF-46, Document Number UK-78. I ask the Tribunal to excuse me, as I cannot present this document again. I have no more copies.

It is evident from this document that the Nazis had a systematic policy of intimidation. They strove to keep the greatest possible number of prisoners of war in order to be able, if necessary, to exercise efficacious pressure over the countries from which these prisoners came. This policy was exercised by the irregular or improper capture of prisoners, and also by the refusal, which was systematically upheld, to repatriate the prisoners whose state of health would have justified this measure.

Concerning the irregular or improper capture of prisoners of war, we can cite the example of what happened in France after the signing of the armistice.

The report of the Ministry of Prisoners and Deportees, to which we refer, indicates, on Page 4:

“In 1940 certain French military formations laid down their arms
at the time of the armistice under the assurance given by the
German Army that troops who had thus surrendered would not be
taken into captivity. These troops were, nevertheless, captured.
The Alpine Army had passed over the Rhône in order to be
demobilized and was west of the region of Vienne. They were
taken prisoners and were sent to Germany until the end of July
1940.

“Moreover, noncombatant formations of special civilians were led
into captivity and imprisoned in accordance with Himmler’s
orders, which said that all Frenchmen of military age were to be
seized indiscriminately. In short, it was only through the
making of special exceptions and the private initiative of unit
commanders that all Frenchmen were not transferred to Germany.

“Because of the enormous number of prisoners and the
difficulties that faced the German Army in taking all those men
to Germany, the German Army decided, in 1940, to create what
they called ‘Front-Stalags.’

“The promise had been made to the Vichy Government, which was
established after the armistice, that soldiers who were kept in
these ‘Front-Stalags’ would be kept in France. Yet, the men in
these camps began to be sent to Germany in October 1940.”

In an additional report appended to the document book which is before you, the Ministry of Prisoners and Deportees points out the irregular capture of the troops of the fortified sector of Haguenau, the 22d R.I.F., the 81st B.C.P., the 51st and 58th Infantry Regiments and a North African division. It is Document F-668 which I submit under Exhibit Number RF-361, the pages of which are not numbered, it is appended to the document book. I quote the document:

“Troops of the fortified sector of Haguenau: the 22d R.I.F. and
the 81st B.C.P.

“These troops fought until 25 June, 1:30, and only stopped
firing after an agreement between the colonel in charge of the
fortified sector of Haguenau and the German generals, an
agreement which guaranteed the troops the honors of war and
particularly that they would not be made prisoners. The 51st and
58th Infantry Regiments, as well as a North African Division,
withdrew towards Toul only after an agreement, signed on the 22
June, between the French General Dubuisson and the German
General Andreas, at Thuilleaux-Groseilles, Meurthe-et-Moselle,
an agreement guaranteeing military honors and confirming that
the troops would not be taken prisoners.”

THE PRESIDENT: What official document does this document come from?

M. DUBOST: From the Ministry of Prisoners and Deportees. It is the additional report which was made by the French Government. We submit it under Exhibit Number RF-361.

THE PRESIDENT: Have you got the report on the captivity?

M. DUBOST: This report will be submitted to you, Mr. President.

THE PRESIDENT: It appears to be Addition Number 2 to the report on the captivity, for the attention of the French Delegation to the Court of Justice at Nuremberg.

M. DUBOST: That is correct, Mr. President. The information which I have just read to the Tribunal consists of extracts from a note from Darlan to Ambassador Scapini on 22 April 1941.

THE PRESIDENT: But M. Dubost, is there anything to show that it is an official document, such as this book?

M. DUBOST: This document, Mr. President, bears no relation to the one which I am quoting.

THE PRESIDENT: No, I know it does not, but this is an official document produced by the Republic of France, is it not?

M. DUBOST: Yes.

THE PRESIDENT: How do you show that this Addition Number 2 to the report on captivity is equally an official document with this one? That is what we want to know.

M. DUBOST: Mr. President, it is a report which was submitted in the name of the Government of the French Republic by the delegation which I have the honor to represent.

THE PRESIDENT: Well, you see, this one here is headed “Service of Information of War Crimes, Official French Edition.” Now, that seems to us to be different from this mere typewritten copy, which has on it the “Appendix Number 2 to the Report on the Captivity.” We do not know whose report on the captivity.

M. DUBOST: Mr. President, you have before you the official note of transmission from our government. The clerk of the Court has just handed it to you.

THE PRESIDENT: We have this document, which appears to be an official document, but this addition has no such seal upon it as this has.

M. DUBOST: There is mention of an appendix to this document.

THE PRESIDENT: The other is marked: Appendix. It must be identified by a seal.

M. DUBOST: The covering letter has a seal and the fact that it alludes to the document is sufficient, in my opinion, to authenticate the document transmitted. May I continue?

THE PRESIDENT: No. This document here has a letter attached to it. This document here is not referred to in that letter specifically. Therefore, there is nothing to connect the two documents together.

M. DUBOST: I think there is a manuscript note in the margin. I have not the document before me here and cannot be positive about it but I think there is a manuscript note in the margin.

THE PRESIDENT: The Tribunal wishes you to put this in as one document. I see there is a manuscript note here at the side, in writing, which refers to the Appendix. If you will put the whole thing in together . . .

M. DUBOST: It is all submitted in one file.

Now I wish to read to the Tribunal extracts from two letters addressed to the German Armistice Commission at Wiesbaden by the ex-Ambassador Scapini, both dated 4 April 1941. The Tribunal will find them reproduced in the document book before them, Pages 16, 17, 18, 19, 20, 21, and 22:

“4 April 1941.

“M. Georges Scapini, Ambassador of France.

“To his Excellency Monsieur Abetz, German Ambassador in Paris.

“Subject: Men captured after ‘the coming into force of the
Armistice Convention and treated as prisoners of war. . . .’”

At the bottom of the page:

“I. The Geneva Convention applies only during a state of war as
far as captures are concerned. Armistice, however, suspends war
operations; therefore, any man captured after the Armistice
Convention came into force and treated as a prisoner of war, is
wrongfully retained in captivity. . . .”

Page 17, third paragraph: