protesting. The Dutch students went on strike when the Jewish professors were chased away, and the workmen of Amsterdam went into strike for several days when the first persecution of the Jews went into effect. But perhaps it is necessary that one has seen it with one's own eyes to know what a barbaric system this National Socialist system was. apartments, occupied the roofs of the houses, and chased out young and old and deported them in their lorries. In that respect there was no difference made between young and old. We have seen old women, over 70 years old, who were ill and sick at home and had no other desire than to be allowed to die quietly in their own home, they were put on stretchers and carried out of their home. They were sent to the concentration camp and from there to Germany. home, gave her baby to a stranger, to a strange woman who was not a Jewess, to look after the little baby. At this moment there still are hundreds of families in Holland where these small Jewish children are being looked after and brought up just like their own childredn. the Germans concerned themselves with other denominations, other churches? in order to subject the Church, and the Church never ceased -- I must say, all churches together, the Catholic Church as well as the Protestant Church -they have protested from the beginning whenever the Germans violated human rights. The Churches have protested against the arrest of persons, there were protests of the workmen, and the Church has also decisively supported these protests. pastors and priests have been brought to concentration camps. And of the approximately 20 persons and priests whom I have known in Sachsenhausen, only one has returned to Holland.
propaganda, teaching, for example? military defeat. We were a small people. I may say that during those days we fought as well as we could, but perhaps it would have been possible to maintain a correct attitude with the occupation forces if it hadn't been for the Nazis' determination to dominate us, not only by military measures but also to break our spirits and to suppress us morally. Therefore, they couldn't refrain from dealing with every mode of life and to try to nazify us. as to force us to publish editorials in our press which were written by Germans, and to publish these editorials under the name of our journalists, to create the impression that our editors-in-chief had written them. One can even say that these measures were the starting point for the very extensive illegal press in Holland, because we wouldn't tolerate it and wouldn't be lied at systematically by the Germans. We wanted to have a press which would say the truth.
It was the same as far as the radio was concerned. As far as the radio was concerned, it was soon forbidden to listen to foreign stations, and they did not refrain from dealing out exceedingly harsh punishment if people listened to foreign stations. It happened very often that a great many people in Holland listened to the foreign radio, especially the British Broadcasting Company. And we in Hollandwere always proud that the British radio has never hesitated to bring in extenso the pathetic speeches of Hitler and Goering, while we were not allowed to listen to Churchill's speeches. For in those moments we have known very well and very profoundly why we built up our resistance, and we also knew why our Allied friends strove with all their might to deliver the world from the Nazi tyranny.
It was the same in the field of the arts. They created quite a number of guilds for the painters, the musicians, the writers, and they forced the artists that they should organize themselves. It happened that an author could not even publish a book without submitting it to some Nazi illiterate.
influence the elementary schools by decreeing that in the simplest books for the children of six to 12 years whole sentences should be struck out, sentence like the following: "That when the Queen was visiting a certain place the children were jubilant. In the school buildings they organized real hunts for pictures of our Royal Family.
M. FAURE: I thank you.
THE PRESIDENT: You have finished your examination, have you?
M. FAURE: Yes, Mr. President.
THE PRESIDENT: General Rudenko?
GENERAL RUDENKO: No questions.
THE PRESIDENT: Does any member of the defendants' counsel wish now to cross examine?
DR. STEINBAUER (Counsel for Seyss-Inquart): In order to avoid that the witness must make the long trip from Holland a second time, I would like, although my client is absent, to cross-examine him today. BY DR. STEINBAUER:
Q Mr. Witness, when Seyss-Inquart took over the Government in Holland under the decree of May 18, 1940, was the Queen or members of the Dutch Government still on Dutch territory? leave in office the functionaries of the former Government? office from the royal times only one has been dismissed? only four were dismissed for political reasons?
A I don't know the exact number, but that is possible. in office at the termination of the occupation especially? Is it correct that there were still more than one-half of the royal mayors in office?
Q You haven't answered quite fully the question which was asked you by the Prosecutor about which political parties were represented in parliament. liberal parties, the Social Democratic Party, and the Communist Party, and then some minor parties.
Q I would now talk about schools and churches. Is it correct that the Dutch school system, during the entire time of Seyss-Inquart, was under the direction of the Dutch?
A It was under the Dutch during the entire time, but we don't consider him as a Dutchman, This Dutchman is today in prison because he committed treason.
Q But he was not a German ? School System?
A I can't remember that. into the labor service? wish of the Dutch as far as spelling was concerned, appointing a special investigating committee? expenses thereby?
against the schools of economics and that these measures were rescinded upon the action of Seyss-Inquart?
A Will you repeat the question? I did not understand it. protest that the University in Rotterdam should not be interfered with.
A I don't know. political reasons, has the exercise of the Catholic and Protestant religion beer made difficult or not? They put stool pigeons into the churches who were to listen to the sermons and to denounce the priests.
Q It has happened in other countries too. Please tell me, could the priest or the parson still continue to preach according to his conscience? had the right to pray for the Queen?
A It was certainly not allowed. Several ministers have been arrested exactly for that reason. confiscated, and that he has refused to allow them to be confiscated?
A I don't know. synagogues in Rotterdam and in the Hague. The police wanted to destroy them, and he prevented them from it.
A I don't know whether he wanted to prevent it, but actually they have been destroyed, and those who destroyed them have not been punished, and they were those who cooperated in the worst persecutions of the Jews. ministers that were sent to Germany were concerned, that two-thirds of them, Catholic and Protestant, were allowed to return to Holland?
A I don't know. cultural matters like libraries, which were already ready for transportation, to remain in Holland?
A I don't know whether Seyss-Inquart has done anything in that respect I only know that many of these were transported to Germany, and maybe he was not in a position to prevent it. resistance. Would you have allowed it?
A I would by all means allow the radio. I am of the opinion that people cannot properly function as human beings if they have not a possibility to form their opinions by listening to the pro and con. because Seyss-Inquart objected?
AActually I don't know, but perhaps you may be right in that respect, that Seyss-Inquart was not a friend of Muessert. Plenty of things happened behind the scenes. While in prison I was taken out of my cell to write an article on the National movement in Holland, and I was requested to give my own personal opinion as far as Muessert was concerned. I answered, "Why should I do it? You know how I think of Muessert and the Dutch movement." They answered: "You can't make it vile enough." I interpreted this as one of the many machinations of the N cliques which fought each other.
DR. STEINBAUER: I thank you. I have no further questions. BY DR. BABEL (Counsel for the SS) the SS. Could you tell me the total number approximately. were forced?
A I can't give you an exact figure, but I think that minors, if they entered the organizations without permission of their parents, they didn't do it voluntarily because they couldn't judge their actions.
Q I haven't asked that question. I asked you how many, in your opinion, joined the SS voluntarily or were forced. Will you answer the question?
A I already said that I can't give you the exact number.
A I would say several hundred were forced; those were youngsters who for some reason or another left their home, and they were taken by the Green police or the Security Police and pressed into the SS. I have met quite a few in the Dutch concentration camps, and as an old leader in the Youth Movement I have persuaded them to tell me everything about their life.
THE INTERPRETER: I am sorry; I didn't get the question tions. Has that been done on a voluntary basis, or what reasons were there? trade union and to submit to the Fuehrer principle. They wanted to be in their old trade unions where they had to say something themselves.
Q The resignations, therefore, were voluntary? first, it was said nothing should happen to the Jews, but that nevertheless there was a wave of suicide. What was the reasons of those suicides in spite of what had been said?
A Among the Jews there were those who were really sensible.
We didn't live on an island, and we knew all that had happened between 1933 and 1940 in Germany. We knew that in Germany the Jews had been persecuted to death, and I personally have in my possession even today quite a few affidavits of Jews who emigrated; who informed us exactly from hour to hour how they had been tortured by the SS during the period before the war. That of course was known to the Dutch Jews, and in that respect they were more sensible since they knew that they would suffer the same fate.
Q You first said that that happened in large measure? in Holland, where we value a life very highly, that is quite a number.
Q Now, you used the word "Nazi illiterate." You used that word, "Nazi illiterate". Have you -- quite apart from, I would say, your not quite friendly attitude towards the Germans -- have you any basis for saying that you have met a German who was illiterate?
A I am rather surprised at this question. I mean by an "illiterate Nazi" a man who talks about things he doesn't understand anything about and in this case, those who judged the work of authors were people who had only to investigate whether in that book a Jew might be mentioned and presented as a good and humane character. In such a case, if that was found, such a book could not be published, and if I used the word "Nazi illiterate", I may add that there were found in German cities in the country of Goethe and Schiller great piles of burned books, books that we had read and admired.
THE PRESIDENT: It is very difficult for us to follow the translation if you speak so fast. might justify this derogatory word of "Nazi illiterate". BY DR. PANNENBECKER (Counsel for defendant Frick):
Q I have just one question. You just said that young people were threatened with prison who didn't enter the SS. Do I understand in this way that they would be given prison sentences for prior crimes or that they should be imprisoned just because they didn't enter the SS?
Whether they would have done it or not, I don't know, but it was a threat. It was one of the usual methods of the Nazis to say, "If you don't do this or that which we want, then we will put you in prison," and the examples of this are so ample that in that respect, one shouldn't have any illusions whatsoever. who had run away from home because of differences with their parents?
THE PRESIDENT: Does any other Defense Counsel wish to ask any questions?
(No response)
THE PRESIDENT: M. Faure, do you wish to ask any questions?
M. FAURE: I have no further questions.
THE PRESIDENT: Then, the Witness can retire.
(Witness excused).
M. FAURE: I'll ask the Tribunal to be kind enough to take the dossier of the presentation and the document book, the book bearing the title, "Denmark." as in other cases, of treaties, and specifially of a treaty which was not very ancient, since it was a non-aggression pact which had been concluded on 31 May 1939.
this invasion, the Germans sought to establish and to maintain the fiction according to which that country would not, in fact, be an occupied country. They therefore did not set up civil administrations with regulatory powers, as they were going to do in the case of Belgium and Holland. troops were there in garrison, but this military command, contrary to what happened in other occupied countries, did not exercise the official authority under the power of formulating ordinances or general regulations. this country which they proclaimed not to be occupying, usurpations of sovereignty. This usurpation was the more to be noted in that it did not, even in German eyes, have any trace of juridical justification. German usurpations assumed a discreet and camouflaged appearance. For this, two reasons may be given. The first was that one had to take into account international public opinion, inasmuch as Denmark was not officially under occupation. this country from within by developing their political propaganda along National Socialist lines. to proceed with the internal Germanization had already begun before the war. It is set forth in detail and in a most interesting manner in part of a report, an official report submitted by the Danish Government, which I place before the Tribunal as Document No. 901.
This document, No. 901, is the totality of the green dossier which the Tribunal has before it. It comprises several parts. The subject of which I am now speaking is, more specifically, treated in the first document of this bundle. This first document bears at the top as a first formula "Aide Memoire", or "Memorandum," an information service which was supplemented by a sly espionage service.
shall see shortly that the National Socialist Party was designated as German.
This branch of the German Party was called "N.S.D.A.P., Ausland Organization, Landeskreis Danemark". It acted in coordination with other institutions; specifically, the Deutsche Akademie, the Danish Chamber of Commerce and the Nordic Association, "Nordische Gesellschaft". directly under the Ministry of Popular Instruction and Propaganda in the Reich, had undertaken to launch systematic propaganda on Danish public opinion. which is worthy of note from the point of view of German premeditation and also with regard to the methods employed. This passage is to be found in the first document of which I have spoken, called "Aide Memoire" or "Memorandum. " On page 6 of this document. I am now beginning my quotation. Paragraph 2 of page 6, and I will skip the first sentence of the said paragraph. more convenient for them because of the thickness of the document, that this quotation is reproduced in the presentation file.
(Reading)
"This information agency which was functioning in Hamburg, with no less than eight different addresses, gave in one of its publications the following details concerning itself. It was established in January, 1914, in memory of the German philosopher, Fichte and should be considered, therefore, as a 'union for world truth'. The purposes were, first, to encourage mutual understanding by the free publication of information on New Germany, and second, the protection of culture and civilization by the propagation of truths, as against the destructive forces in the world."
I skip one sentence and continue:
"This German propaganda had for its essential purpose and its most obvious aim the creation in Denmark of a nation-wide sentiment favorable to Germany and hostile to England, but it could also represent an attempt for the preparation of the ground for the intorduction in Denmark of a Nazi system of government by obtaining subterraneously all manifestiations of discontent in Denmark against the democratic regime in order to use such data as documentary proof in the event of a liberation action in the future.
Thus, in January, 1940, the propaganda was no longer content merely with attacking England and her methods of conducting the war, or the Jews and their mentality, but it proceeded to actual grave attacks against the point of view of the Parliament and the Government of Denmark." point. At the end of February, 1940, the Danish police was able to seize on the person of a German subject, a document which was entitled, "Project for Propaganda in Denmark." I'll summarize in saying this: Page 7 of this report. One noted a characteristic statement. It is the last sentence in that paragraph, which is placed between quotes in German, with a French translation in parenthesis:
"It should be possible to hold the daily press under the control of the Legation and of her collaborators."
role of agents in the interior of the country and to launch propaganda campaigns, but she also inspired the organization of Danish political bodies which were affiliated with the Nazi Party. Jutland, where there was a German minority. The Germans thus were able to promote the organization of a group called "Schleswigsche Kammeradschaft," or S.K. which exactly corresponds to the German SA. The members of this group received military training.
Likewise, a group designated as "Deutsche Jugendschaft Norschleswig" had been organized on the pattern of the Hitler Jugend. now summarizing the statements found in the Danish report in order not to give a prolonged reading. These statements are developed in detail in the following chapter of the report and, specifically in respect to what I have said, on page 7 of said report. such as Wohlfahrtsdiens, which was founded in 1929 at Tinglev, and the Deutsche Selbsthilfe, which was founded in 1935, and also by economic organizations, the name of which is "Kreditanstalt Vogesgesand", which, through a very clever and secret financing on the part of the Reich, was able to take over important agricultural properties. spread to the whole of Denmark. Thus, there existed, even before the war, a National Socialist Party of Denmark, whose leader was Fritz Clausen. We read in the government report:
"With regard to the relations of the Party with Germany prior to the occupation, this much must be said: That Fritz Clausen himself, as well as the members of the Party, took quite an assiduous part in the Party Days held in Nurnberg and the Congres de Streicher at Erfurth, and that, in any event, Fritz Clausen personally was in very close relationship with the German Ministry for Foreign Affairs."
Southern Jutland and to be spread over the rest of the country, is illustrated by the fact that the Nazi newspaper, called "The Fatherland", which at first was published in Southern Jutland, was transferred in October 1939 to Copenhagen, where it was thenceforth published as a morning daily. occupation. As I have indicated, the Germans did not establish a formal occupation authority. It is understandable that the two principal agents for the usurpation of sovereignty in Denmark were the diplomatic representation, on the one hand, and the Danish Nazi Party on the other. later, beginning in October 1942, Dr. Best. and they involved, under a more or less discreet form, the most sweeping demands. For example, I will cite a document which is a part of the Government's report. This document is a memorandum submitted by the Reich Plenipotentiary on 12 April 1941. is to be found in the third of the booklets which are before it. The third booklet is entitled, "Second Memorandum", or, more specifically, it comes after the second bundle, and there is really a title as "Annex One." I am now quoting:
"The German Reich Plenipotentiary has received instructions to demand from the Royal Government of Denmark:
"First: Whether His Majesty, the King of Denmark, to whom M. De Kauffmann, Minister of Denmark now refers, or whether any member of the Royal Danish Government before its being published, have had any information on the treaty concluded between M. de Kauffmann and the American Government.
"Second: The immediate execution of the recall of M. de Kauffmann, Minister of Denmark, by His Majesty, the King of Denmark.
"Third: The delivery without delay to the Charge d'Affaires of the United States in Copenhagen of a note disavowing M. de Kauffmann, communicating the fact that he was being recalled, stating that the treaty thus concluded did not bind the Danish Government, and formulating the most energetic protest against the American procedure.
"Four: A communication to be published in the press, according to which the Danish Royal Government would clearly state that M. de Kauffmann did act against the will of His Majesty, the King, and of the Danish Royal Government and without their authorization; that he has been recalled; and that the Danish Government considers the treaty thus concluded as not being binding upon it and has formulated protests of the most energetic character against the American procedure.
"Fifth: The promulgation of a law, according to which the loss of nationality and the confiscation of property may be pronounced against any Danish subject who abroad has been guilty of grave offenses against the interests of Denmark or against the provisions adopted by the Danish Government.
"Sixth: M. de Kauffmann to be brought before the tribunal for the crime of high treason, by virtue of Article 98 of the penal civil code, and of Article 3, Section 3rd of the law of 18 January 1941, and loss of nationality for him in conformity with a law to be edicted, as mentioned under Paragraph 5." the sovereignty of the legitimate Danish Government was violated by the Germans. They gave orders in the field of international relations, which constitute the essential attribute of the sovereignty of an independent state. They even go so far, as the Tribunal has seen in the last paragraph, to demand that a law be passed in accordance with their wishes and that action for high treason be pronounced in conformity with the law, which may be hypothetically formulated at a later date. Government's report which appears in the second supplementary memorandum on page 4. The second supplementary memorandum is the third paper in the Green File. I am beginning in the middle of the second paragraph:
"In the month of October there occurred a sudden crisis. The Germans claimed that His Majesty the King had offended Hitler by too short a reply to a telegram which the latter had sent to him. The Germans reacted harshly with extreme violence. The German Minister in Copenhagen was immediately recalled.
The Danish Minister in Berlin was then called to Denmark. Minister von RentheFink was replaced by Dr. Best, who arrived in the country with the title of Plenipotentiary of the German Reich and who brought with him extensive demands on the part of the German Minister of Foreign Affairs, Von Ribbentrop, demanding a change in the Danish Government and the admission into the Government of National Socialists. These demands were refused on the part of Denmark and, the matter having been dragged out by the Government, they were finally abandoned by Dr. Best.
THE PRESIDENT: This may be a convenient time to break off.
(Whereupon at 1300 hours the Tribunal adjourned to reconvene at 1000 hours, Monday 4th February 1946). Official transcript of the International Military-
MARSHAL OF THE COURT: May it please the Court, I desire to announce that the defendant Kaltenbrunner will be absent from this morning's session on account of illness.
M. FAURE: May it please the Tribunal, Mr. Dodd would like to make some explanations.
MR. DODD: Members of the Tribunal, with reference to the respective witness Pfaffenberger, over the weekend it occurred to us, after talking with him, that perhaps if defense counsel had an opportunity to talk to him we might save some time for the Court. Accordingly we made this witness available to Dr. Kauffmann for conversation and interview, and he has talked with him as long as he has pleased, and he has notified us that in view of his conversation he does not care to cross-examine him, as well as other counsel for the defense who have no desire to cross-examine him.
THE PRESIDENT: Then the witness Pfaffenberger can be released?
MR. DODD: That is what we would like to do, at the order of the Court.
THE PRESIDENT: Very well.
M. FAURE: Gentlemen, during the last session I had reached the end of the first period of the German occupation of Denmark. I should like to point out in addition, considering that first period, a circumstance which is established by the Danish report, second memorandum, page four. I quote:
"When the German aggression against Russia took place the 22nd of June 1941" -- that is the third book of the report --"one of the most serious encroachments was carried out against political liberties which the Germans had promised to respect. They forcibly obliged the government to carry out the internment of Communists; total number of three hundred." abusive interference of the first act of German usurpation, which was the diplomatic representation.
local National Socialist Party of Fritz Clausen, about which I spoke previously. The Germans hoped to see this develop under the favorable circumstance of the occupation, and thanks to the support that this would bring, this party might develop in a remarkable way. But their calculations were completely deceived. In fact, in March 1943 elections took place in Denmark, and these elections emphasized the total defeat of the Nazi Party. This party obtained only a proportion of 2.5 percent of the vote and they only obtained three seats in the Chanter of Deputies out of 149 seats. I point out to the Tribunal that in some copies of my brief there is a mistake in printing which indicates twenty-five percent instead of 2.5 percent, which is the true figure, which shows the very minimum success of the Clausen Party. period following the month of August 1943. The first reason for this change was clearly the failure of the plans which consisted in seizing legally the power, thanks to the aid of the Clausen Party. On the other hand, about the same time the Germans were also disappointed as considerably as before. They sought in fact, as has been shown in my brief on economic questions, to mobilize Danish economy for the benefit of their war effort. But the Danish population, which had refused the policy of Nazification, did not wish to lend itself to the economic classification. Also, the Danish industries and the Danish workmen exhibited passive resistance, and by a legitimate reaction against the abusive undertakings of the Germans they organized a sabotage program. There were strikes accompanied by various incidents. Faced with this double failure, the Germans decided to modify their tactics. second memorandum, the following sentence:
"As a result of these events the plenipotentiary of the German Reich, Doctor Best, was on August 24, 1943, recalled to Berlin from which he returned with claims of having the nature of an ultimatum addressed to the Danish Government." a part of the official Danish report. This is appendix two. The ultimatum is dated the 28th of August 1943, Copenhagen. After the three first parts of the report.
I am now upon the second appendix, which has also been copied in my brief. Claims of the Reich Government:
"The Danish Government must immediately declare the entire country in a state of military emergency.
"The state of military emergency must include the following measures:
"1. Prohibition of public gatherings of more than five persons.
"2. Prohibition of all strikes and of any aid given to strikers.
"3. Prohibition of any gathering in enclosed premises or in open air; prohibition of being in the streets between 20 hours 30 and 5 hours 30; closing of restaurants at 19 hours 30; before the 1st of September 1943 all firearms and explosive matters which exist must be handed over to the government.
"4. Prohibition of bothering or annoying in any way whatsoever Danish nationals because of their collaboration, or the collaboration of their close relatives with the German authorities, or because of their relations with the Germans.
"5. Establishment of a press censorship with German collaboration.
"6. Establishment of martial or military courts to judge acts contrary to the provisions taken to maintain order and security. Infraction of the provisions mentioned above will be penalized in the most severe fashion, and penalties will be decreed in conformity with the law in force concerning the authorization of the government to take previsions to maintain calm order and security. The penalty of death must without delay be introduced for acts of sabotage and any aid which is given to these acts. Attacks against the German forces and its members. Possession after the 1st of September 1943 of firearms and explosive matters. The Reich Government expects to receive today before 1600 hours the acceptance by the Danish Government of the above-mentioned claims or demands." to yield to that ultimatum, although it found itself under the material constraint of the military occupation. At that time direct undertakings against the sovereignty were undertaken. The Germans took to themselves measures which they had demanded in vain from the National Government.
They declared a state of military emergency. They took hostages. They attacked without previous notice, contrary to the laws of war. Arid at a time when there existed no state of war they attacked the army and the Danish Navy, which they disarmed and of which they imprisoned the forces.