Here is Document No. 755. This is the ordinance of 6 November, 1940, pertaining to the declaration of property of the enemies of the people and of the Empire, in Lorraine. And I shall also submit to you Document No. 756 on the same subject, which is the regulation of 13 July 1940, applying to the enemy property of the people and of the Empire, in Alsace. These two texts, one of which pertains to Alsace and the other to Lorraine, make possible the seizure and confiscation of properties which are designated as "enemy property." Now, to realize the extent of the property so designated, I will read Document 756:
"There will be considered as property belonging to the people and to the Empire, any objects and rights of any nature whatsoever, without regard to the conditions of title, which are utilized for or intended for use in activities hostile toward the people of Germany or the Empire. Such stipulation shall apply to the whole public property:
"(a) of all political parties, as well as the property of secondary organizations or complementary organizations depending on these parties;
"(b) lodges and similar associations;
"(c) the Jews;
"(d) Frenchmen who have acquired property in Alsace since 11 November 1918.
"(e) the Chief of the Department of the Administration of Police will decide, in addition to the property mentioned above, what is public property which is likewise to be considered enemy property -- inimical to the people and to the Empire. He will likewise decide on doubtful cases." measures of sequestration of enemy property which are taken in all countries within the scope of the laws of war. First of all, these are confiscation measures. And in addition, they are applied to the property of numerous individuals who are in no wise subjects of the enemy countries. We also see at this point the absolutely arbitrary power which is left in the hands of the administration. These texts conclude with a regulation which is extremely fullsome.
Alsace and in Lorraine, I shall not speak of them here in more detail, inasmuch as the Prosecution has already dealt with the general subject of spoliation. I shall merely limit myself to the mention of two institutions which are special to Alsace and to Lorraine. That is, agricultural colonization, and on the other hand, industrial colonization. been invented by the Prosecution. It is the very expression which the Germans used. And I submit in this connection, Document No. 757, which is the ordinance of 7 December 1940, "pertaining to the new regime of settlement or colonization in Lorraine." I shall read the beginning of this Document No. 757:
"Real estate which has been vacated in Lorraine as a result of deportations will serve principally for the reconstitution of a German peasantry and for the requirements for billeting or lodging of internal colonizers. In this connection, and specifically in order to achieve the required programs, I order officials, by virtue of the powers which have been conferred upon me by the Fuehrer:
"Article One. Real estate property of individuals deported from Lorraine shall be seized and confiscated for the benefit of the Chief of the Civilian Administration." Article Two:
"Agricultural properties or forest properties which are seized in consequence of the ordinance concerning enemy properties in Lorraine are confiscated. Insofar as they are needed, they are included in the methodical organization of the region."
Article Three:
"in addition to the cases provided for in Articles One and Two, and according to the needs, other property may be included in the programs for methodical reorganization, provided appropriate compensation is made."
In paragraph 2 of Article Three:
"The Chief of the Civilian Administration and Services designated by him will decide the importance and the character of the compensation. Any recourse to the courts on the part of the person involved is forbidden."
striking, which have been pursued by the German authorities. The first ordinance, the one I cited earlier, spoke only of safeguarding the property of people who had been deported or transported. A second ordinance now speaks of confiscations. That still refers to the notion of enemies of the people and of the Empire. confiscation prescriptions which are quite formal in their character, and which are no longer qualified as "safeguarding" with regard to the property which has become vacated as the result of deportations. importance in Lorraine. On the other hand, it is in Alsace that we find a greater number of cases of measures involving a veritable industrial colonization. These measures consisted in stripping the French industrial enterprises for the benefit of German France. On this subject there is in existence the protest of the French delegation to the Armistice Commission. I submit as documents, three of those protests, Documents Nos. 758, 759 and 760, which are notes under date of -- respectively -- 27 April 1941, 9 May 1941 and 8 April 1943. I believe that it is preferable for me not to read these documents to the Tribunal and that I merely ask the Tribunal to take judicial notice of them, as proof of the existence of these protests, because I fear that such a reading would be a mere repetition to the Tribunal, be whom there has already been explained sufficiently the matter of economic spoliation. point of demanding that there should be saved in un-annexed France and transported to Alsace, any profit which belonged to French companies that were thus stripped of their property and infact colonized. I am speaking of profit items of these companies which were located in the other part of France, under the control of the regular shareholders of such companies.
procedure, contained in a very short document, which I submit to you under No. 761. This document appears in the Archives of the French Services for the Armistice Commission, to which it had been sent by the director of the company referred to in the document. It is a paper which is written partly in German and partly -- in the very same document -- in French translation, and is signed by the German Commissioner for French Enterprises, which is called the Alsatian and Lorrainian Society for Electricity. In Alsace this enterprise had been placed in a legal manner under the administration of this Commissioner.
And this Commissioner -- as the document will show -- had come to Paris to try to seize the remainder of the assets of this company. He drafted this document which he signed and which he also caused to be signed by the general director of the French company, This document is of interest as revealing the insolence of German procedure and also their conception of law. I quote now:
"Today the undersigned has given me the order that in the future it is strictly forbidden to me to proceed with legal actions concerning the property of former Alsation and Lerrainian Electrical Society. If I should do anything againstsuch an order, I know that it will be punished.
"Paris, 10 Larch 1941.
"Signed: Hucka "F.P. Kommissar "Signed:
Gamier." serve as an experiment for the application of similar methods on a broader scale. There will be submitted before the Tribunal in this connection. a document concerning an effort at colonization in the French Department of Ardennes. On this procedure of annexation by the Germans of Alsace and of Lorraine, many other circumstances could be cited, and I could submit many more documents -- even if I were to deal only with the circumstances in the documents which are useful from the point of view of our own Prosecution. to confirm to the necessities of this trial where so many events have to be brought out. Therefore I have limited myself to the submission of documents, or to examples which are particularly characteristic. I believe that this documentation will enable the Tribunal to appreciate on one hand the criminality of the German undertakings which I have brought to its attention conscription, which became a common-law crime involving the penalty of death. the serious sufferings that were imposed for five years upon the populace of these French provinces which had been so sorely tried in the course of history. I have submitted a few details which racy have seemed ridiculouse, or facetious, but I did so because I thought it was desirable that one could visulize the opression exercised by the German Administration in all circumstances of life, even of private life.
The general opression, which is represented by an enterprise to destroy and annihilate, was exercised in a most complete manner ever the Departments and of the countries which were annexed. I believe that the Tribunal prefer that I should leave until tomorrow my comments with respect to the presentation dealings with the Grand Duchy of Luxenbourg. I would like, moreover, to ask the Tribunal whether they agree with regard to a problem of testimony.
I should like to put a witness on the stand, and it is only a little while ago that I gave the Tribunal a letter concerning this request. May I ask to be excused for not having done so earlier? Because there had been some uncertainty on this point. If the Tribunal finds it convenient, I should like to have this witness here at tomorrow's session, Saturday. I state that this witness would be Mr. Koos Vorrink, who is of Dutch nationality. I also wish to say that the Defense may likewise be informed of this, that the question I would like to submit to the witness will deal with certain plans concerning the Germanization in the Netherlands.
THE PRESIDENT: Do you wish to call him tomorrow?
M. FAURE: If that is convenient to the Tribunal.
THE PRESIDENT: Tomorrow will be
M. FAURE: If it pleases the Tribunal, his testimony could be taken after the recess tomorrow morning.
DR. GUSTAV STEINBAUER (Counsel for Defendant Seyss-Inquart): Mr. President, I do not wish to prolong the proceedings, but I believe it will be in the interest of justice if I ask that the Dutch witness be heard not tomorrow but Monday, on the assumption that Seyss-Inquart who is now ill may be expected back on that date.
THE PRESIDENT: Monsieur Faure, would it be equally convenient to you to call him on Monday?
M. FAURE: Mr. President, the witness would like to go away from Nurnberg fairly promptly. Perhaps I might suggest that he be heard tomorrow and that afterhaving been heard Counsel for Seyss-Inquart would indicate whether he wishes to cross-examine him, and in that case the witness would remain until Monday's session. If, on the other hand, after having heard the questions involved Counsel and considers that there is no need for any cross-examination then there would be no importance in Seyss-Inquart's absence. But I will naturally accept the decision of the Tribunal.
THE PRESIDENT: That seems a very reasonable suggestion.
DR. STEINBAUER: I am agreeable to the suggestion of the French Prosecutor.
THE PRESIDENT : we will adjourn now.
(Whereupon at 1700 hours the hearing of the Tribunal adjourned, to reconvene at 1000 hours on 2 February 1946).
COURT OFFICER: May it please the court, I desire to announce that the defendants Kaltenbrunner, Seyss-Inquart, and Streicher will be absent from this morning's session due to illness.
M. FAURE: Gentlemen: I shall ask the Tribunal to be kind enought to now take the dossier which is entitled "Luxembourg." situation concerning Luxembourg in part of the testimony of the President Reuter, which was heard during yesterday's session. I will, therefore, be able to shorten my presentation concerning this brief, only retaining the indispensible parts which I shall submit to the Tribunal with the documents. includes the total abolition of the sovereignty of this occupied country. It is a case which corresponds to the hypothesis which we call the classical law, that is to say, the cessation of hostilities by the disappearance of public law of one of the belligerents. criminal premeditation on the part of the Reich against the State towards which it had been agreed by diplomatic treaties, notably the Treaty of London, 11 of May, 1867, the Treaty of arbitration and conciliation on the 2nd of September, 1929, and the Tribunal knows by the testimony of Mr. Reuter that these engagements were confirmed, first by diplomatic steps which took place in 1939 by M. von Radowitz, the Plenipotentiary Minister for Germany, and then by a reassuring statement a few days before the invasion, under circumstances which have already been explained to the Tribunal. ments; given that Luxembourg was a state, the Germans had to, in order to carry out this de facto annexation, issue special regulations concerning the suppression of public institutions.
Two ordinances of October 1940 show, on the one hand, the dissolution of the Chamber of Deputies and the State Council, and on the other hand, the prohibition of Luxembourg's political parties. These two ordinances I offer as documents under Number 801 and 802. I request the Tribunal take judicial notice of these documents, which are public documents. stitutional operative formula, according to which justice is rendered in the name of the sovereign. A formula rendering justice in the name of the people was substituted at that time for this operative formula. way and became: "In the name of the German people." which I adopted for Alsace and Lorraine and naturally I shall stress only circumstances which are special to Luxembourg. extirpate the national sentiment of Luxembourg and to make impossible all manifestations of the traditional culture of this country. Thus, the decrees of August 28, 1940 and of the 23 of October 1940, prescribed associations of a cultural or educational nature. names and Christian names. This is clear from a decree of the 31 of January, 1941, concerning Luxembourg, document 803. I point out that the wearing of a beret also was forbidden in Luxembourg by decree of the 14 of February 1941. set up, according to their custom, their own administration and they appointed a Gauleiter in the person of Gustav Simon, previously Gauleiter of KoblentzTrier. administered as Reich territory from the Chief of the Administrative Service but it was the German Administrative Service from the point of view of the National Socialist Party. It was officially joined to the Reich. in Luxembourg, which we already have studied for Alsace and Lorraine. The proof of this must be considered sufficiently furnished by submitting the official report of the Government of the Grand Duchy.
provisions which regard Luxembourg and those which concern other annexed countries.
On the date of August 30, 1942, two decrees were promulgated. It must be pointed out here that these two decrees, of which one concerns nationality and the other military service, are both of the same date. decree concerning nationality is submitted as document 805. The legislation concerning nationality includes, moreover, a provision which is special to Luxembourg, although it is in conformity with the general spirit of German legislation concerning nationality in annexed countries. type, of which the principle one was the Volksdeutsche Bewegung, and here is the special circumstance which I wish to point out. A decree concerning nationality of the 30 of August, 1942, grants German nationality to persons who gave their adherence to this association, the Volksdeutsche Bewegung, but this nationality could be revoked. This is pointed out in the last part of the first part of that document. In fact, this conferring of nationality in special cases had value only for two years and that provisionally. obligatory for all young Luxembourgers to serve in the pre-military associations of the Hitler-Jugend. This is brought out in a decree of August 25, 1942, concerning the camps of Hitler Youth, which is Document 806. Just as in Alsace and Lorraine, compulsory labor was imposed in Luxembourg, not only for men but also for women, and also for work which was of a military nature. These provisions are clear from three decrees; the decree of May 23, 1941, the decree of February 10, 1943, and the decree of February 12, 1943. These last two decrees are introduced as document 807 and 808. bourg, of which proof is found in the official report of the Government of Luxembourg, which has already been submitted to the Tribunal. According to this report, page 4, paragraphs 7 to 8, it is stipulated -- the quotation is short and I did not put all the official report in the document book, and I will only cite one sentence.
By decree, which appeared in the official report for Luxembourg, 1942, page 232:
"Part of the Luxembourg population was forced to enter into the personnel of a group called 'Sicherheits' and 'Hilfsdienst', a paramilitary organization, which wore uniforms and carried out military drills. A part was sent forcibly to Germany to carry out their tasks, which were very dangerous at the time of the aerial attacks of the Allied forces." They thought up a special method for this country, of which the original conception was founded on the linguistic element. They developed the official thesis that the Grand Duchy of Luxembourg belonged to the German linguistic group. They formulated propaganda, according to which the dialect spoken in Luxembourg was a Franconian dialect of the Moselle and constituted a variant of high German and, after having developed this theory, they took a cencus of the population, of which the witness spoke yesterday to the Tribunal. This census took place on the 10 of October 1941. I wished to have the witness speak on this point because no information on the result of the census was furnished in the official report of the government and the Tribunal now knows for what reason since the Tribunal learned that the German authorities had immediately stopped the census as soon as they observed that the number of persons who corresponded to their desires was ridiculously small in number. ceased to be merely a political front for them. By memorandum of the 13 of January, 1942, which I submit as document 809, they forbade officials to use this dialect in conversations with the public, either orally or by telephone, which obviously troubled a great number of persons. creation of groups with the customary point of view. The principal of these groups was the Volksdeutsche Bewegung and I shall cite, in concluding this point, a sentence from the Luxembourg report, which is thus expressed:
"Adherence to the Volksdeutsche Bewegung was the condition sine qua non for the maintenance of officials in their official positions; of private employees in their positionsl of liberal careers in the exercise of their profession, lawyers, physicians and so forth; industrialists in their property and everyone in his way of earning his living. The constraint was marked by people being discharged, by people being taken out of the country and whoe families being deported." these solicitations, was accompanied by a formula which shows the Nazi mentality and which I shall read to the Tribunal, according to the text, which is found in the government report. It is very short quotation.
"Because of their attitude these persons do not offer the guarantee that they will fulfil in an exemplary manner at any time or without any reservation and during the outside their professional activity, they will not fulfil the duties which find their foundation in the establishment of the civil administration in Luxembourg and in the pro-German attitude (sic:) of the population."
THE PRESIDENT: Have we got this report? Has this governmental report been deposited?
M. FAURE: The report of the Luxembourg Government was submitted to the Tribunal by my colleague M. Dubost and I only submitted a very short quotation and therefore did not put it in the document book.
THE PRESIDENT: M. Faure, it would help me if, when you are citing, and you do not have the document in the document book, you gave me the page of the dossier.
M. FAURE: I shall give the page in a moment, the page of the citation which I just gave.
THE PRESIDENT: I think it is on page 3399.
M. FAURE: I am told it is page 4, Mr. President, page 4 of the document concerning Luxembourg. to the SA as well as to the motorized group of the SA, which is designated by the initials NSKK.
made towards the youth of Luxembourg because 'the Nazis thought it would be easier to have them accept their precepts and their doctrines and I must also say they even thought they could get small children to accept these doctrines. May, 1941, addressed to the Director of Higher Education. This is a very short document and I ask you to permit me to read from it.
"Upon order of the Gauleiter, the members of the teaching body are obliged to acquire, from the 1st of January 1941) the book of the Fuehrer "Mein Kampf." From here to the 1st of September, 1941, every member of the teaching personnel must make a statement on his honor that he has read this work," The Germans thought then that the obligatory reading of "Mein Kampf", for which they anticipated a delay of three months, might convince the professors of the value of these Nazi doctrines, who, in turn, could then teach it to the pupils.
the Tribunal, because it is not long. It is quite characteristic. This is an extract from a memorandum addressed to the pupils of Luxembourg, 16th of June, 1941:
"It is the duty of all pupils to arise when the professor arrives and also when he leaves the class at the end of his courses. The German salutation will be done as follows: You must lift the right hand to the height of the shoulder and then must say 'Heil Hitler.' The pupils are obliged to reply to the professor, who will begin and will end his course by the same salutation. I expect also from all pupils that they greet in the German fashion each other in the street and that they greet gentlemen whom they know to be enthusiastic partisans of this doctrine." of the oath of allegiance to Hitler, the oath Which was imposed upon the state police. I refer on this point to the testimony of M. Reuter, which specifies that those who refused to do so were deported, and most of them were shot. I also submit as proof on this point a report of the government, which gives corresponding information, on page 12. these German methods, and there also they tried to break the resistance by terror. I should mention a regulation -- quite special -- which was the decree of the 2nd of June, 1941. This will be document 812, which has as a title. "Decree on the entering in force in Luxembourg, of the law of February, 1936, concerning the Gestapo." This title is adequate to show the subject. tribunals, which were called "Standgericht", and which were SS tribunals. These jurisdicitions, if we can use the term of jurisdiction, pronounced numerous condemnations for political reasons.
A chart of these convictions is appended to the governmental report. In one tribunal of which I spoke a short time ago there were sixteen death sentences, and 384 were convicted and given penalties which deprived them of their liberty. The report specifies, and the witnesses also confirm it, that there were about 500 who were condemned to death in the country, which is a considerable number when the population is not very great. Germanization and the measures of deportation, which the Tribunal already knows by the testimony of M. Reuter. These measures of deportation were applied systematically to the intellectual elite of the country, to the clergy and persons who had served in the army. These circumstances show the will to do away with the social backbone--intellectual and moral backbone--of this country. deportations of officers, of magistrates--men who were interested in the politics in the Grand Duchy--writers, economic leaders. I shall only give one figure on a striking point. We see the Germans expelled or deported 75 ecclesiastics, which, in relation to a population such as that of Luxembourg, shows clearly the will to paralyze completely the celebration of religion. The official report also gives information concerning the property of religious orders which was confiscated, and most of the buildings which were used in the celebrating ceremonies were confiscated.
Concerning the agricultural colonization: An organization called "Fur Deutsche Volkstum und Siedelung" was entrusted with the liquidation of the property of Luxembourg deportees for the benefit of Tyroleans in the south who then came into the Grand Duchy.
Also, industrial and economic colonization: We find the same methods here --spoliations. I don't want to go over this ground, for the Tribunal already knows the way in which they were carried out, but I should like here to cite one example concerning Luxembourg, concerning general points of the methods and to give a documentary example. From this example, this document that I have cited, I think that you can deduct important conclusions from the point of view of the application. among others -- one case in which the German authorities wished to oblige private citizens and economic companies to give up their assets and to give over the control of their businesses to the Germans.
That was colonization, and consisted in putting German nationals in the business affairs with the important assets of an economic nature. The Minister of Economy concerned himself with these methods, these illicit methods which were destined to spoliate the private citizens and to Germanize the country. The document bears the number 813. It is offered as a document by(the Luxembourg Government, and it is an original document. You find in the heading "The Reich Minister of Economy," signed the 5th of January 1943, Berlin. This letter had the heading "The Minister of Reich Economy", and is signed by the order of Dr. Saagor. He is a subordinate who is acting in a legal fashion, administratively, on the order of his minister. This letter bears the letters "Secret", and concerns the Tudor battery firm, and is addressed to the battery factory to the hands of Mr. von Holtzendorf of Berlin, Place Askanienne No. 3. We understand that the Ministry of Economy requests that this battery firm should be forced to yield its interest to the Germans. I quote:.
"Referring to our repeated conversations, I confirm that it is in the interests of the Empire and is considered very desirable that your company obtain a definite share of direction in the stock of the Tudor Batteries. This interest of the Empire is not founded on requirements of economic order of national defense.
"In order to obtain this important participation, shares belonging to Mr. Leon Laval, previously in Luxembourg and now in Mergentheim, are of first importance. It is not only the shares of Mr. Laval that he possesses personally, but, moreover, the 3,000 Tudor shares which are in the hands of Sogeco."
I now come to a very important paragraph:
"I ask, consequently, that the necessary negotiations be undertaken immediately. I am anxious to have it pointed out that you will have, first of all, the authority of the Gestapo and the authorization of the State Police to negotiate with Mr. Laval, and then you can request the latter for an agreement to transfer these shares to your company, in the event that Mr.Laval will give his agreement. I have informed the Gestapo of the question. If the result of your negotiations makes it useful, I am ready to once again point out to the Gestapo how urgent your mission is." End of the quotation.
which continues the maneuver with which the Reich Minister of Economy was shown to be in connection with the Gestapo in order to obtain the spoliation of private citizens. This letter is a letter addressed to a private citizen, who was going to be obliged to sell his shares, Dr. Engineer Leon Laval. Here is the text of this letter, which is dated Luxembourg, 14 January 1942, which bears the heading of the Commander of Security Police in the SD inLuxembourg:
"You must remember the date of 19 January 1942 and the following days, at your residence, which are at the disposal of the representative of the battery factory A.G. Berlin, the director von Holtzendorf." The quotation is interrupted. was addressed, was in the Reich Ministry of Economy. I continue the quotation:
"Mr. von Holtzendorf is in possession of a special authorization of the RSHA, and will discuss these business matters with you. Heil Hitler. Signed, Hartmann." isn't because I find it very important in the scope of this trial that the Tudor Battery firm was despoiled, an illicit act which was to their prejudice, but I want especially, and I think it is a very important in the trial, to emphasize, and I shall do it each time when the document gives me the opportunity, the interference which exists between the different German services or authorities of which the defendants were the chiefs or leaders. Certain persons can't believe that all the German crimes must be imputed to the Gestapo. It is certain that the Gestapo is a criminal organization--a quite characteristic criminal organization--but the Gestapo did not function all by itself. The Gestapo acted on the order and in liaison with the civil administration and with the military command. We heard yesterday, in relation to the Bishop of Strasbourg and also in relation to the University of Strasbourg, this plan of recourse which the civil minister and his representatives had to the police agents. We also see and note that in relation to the economic documents which I have just read to the Tribunal.
I shall conclude now the first chapter of my brief. I want to make it known that the work for the documentation and the preparation of this chapter was carried out with the aid of my assistant, Mr. Albert Lunter.
chapter, concerning the seizure of sovereignty. This first dossier includes general ideas which I think I should take up with the Tribunal before supporting them by documents. Consequently, the Tribunal has before them a dossier, and in the first part of this dossier there are no documents. Luxembourg, which was annexed and of which I spoke just now. Of these five countries, three kept governmental authority. These are Denmark, Norway, and France. However, the cases of these three countries are entirely different. The Government of Denmark was a legitimate government; the government of France was a de facto government, which at the beginning exercised a real authority over the non-occupied territories; the government of Norway was also a de facto government, which has reamined the symbol of puppet governments. The two other powers, Belgium and Holland, did not keep authorities with a governmental character, but only those with administrative authority, of which the highest were the general secretariats of the ministerial departments. use, differentiated their methods of domination. Moreover, they did not establish a method corresponding to the internal organization of each country under consideration. At first it was rather complate. From an initial point of view, the usurpation of sovereignty by the occupying power assumed three different forms. We shall speak here of the external method. First form: Exercise of direct legislative or regulatory power. In saying this we mean the exercise in all the measures in which it surpassed the powers of limited regulation accorded to the occupation armies according to international law. Second form: The indirect exercise of the legislative or administrative power through local authorities. This measure includes itself two divisions: First, a mere order by regulation, which, in the case of local authorities, are administrative authorities; on the other hand, pressure, which is the case when the local authorities are authorities of a governmental character, either de facto or de jure. It should be noted, moreover, that the pressure sometimes takes on a characteristic which assimilates it completely with the mere order by regulations. the complicity of traitors.
The third form is purely and simply the use of force. We do not mean by this individual assault and battery, for this does not concern us. We mean force which results from the order of a competent occupation authority, which consequently entails the responsibility of a superior.