What I'm asking you is: Have you any objection to the legal argument taking place at the end of the presentation of the evidence?
DR. GEORG BOHM: I have no objection against these suggestions in so far as my defense is not influenced in any way through that.
THE PRESIDENT: The Tribunal will new adjourn.
(Whereupon at 1705 hours the hearing of the Tribunal adjourned to reconvene at 1000 hours on 17 December 1945.)
Military Tribunal, in the matter of: The
THE PRESIDENT: I have four announcements to make on behalf of the Tribunal. I will read those announcements new and they will be posted upon the board in the Defendants' Counsel's Information Center in German as soon as possible.
The first announcement is this: The attention of the Tribunal has been drawn to publications in the press of what appear to have been interviews with some of the defendants in this case, given through the agency of their counsel. The Tribunal considers it necessary to state with the greatest emphasis that this is a procedure which cannot and will not be countenanced. Therefore, counsel are warned that they should observe the highest professional standards in such matters and should not use the opportunity afforded, to them of conferring freely with their clients to act in any way as intermediaries between the defendants and the press, and they must exercise the greatest professional discretion in making any statement on their own behalf. public interest is world-wide, it is in the highest degree important that all those who take part in the trial in any capacity whatever should be aware of their responsibility to see that nothing is done to detract from the proper conduct of the proceedings. giving publicity to the proceedings of the Tribunal, and the Tribunal feels that it may properly ask for the cooperation of all concerned to avoid anything which might conflict with the impartial administration of justice.
The second announcement that I have to make is this: The Tribunal understands that the counsel appointed under Article 9 of the Charter are in doubt whether they have been appointed to represent the groups and organizations charged in the indictment as criminal, or to represent individual applicants who have applied to be heard under the said article.
tions charged, and not the applicants. As the Tribunal has already directed, counsel will be entitled to call as witnesses representative applicants and may also call other persons whose attendance may be ordered by the Tribunal. Application to call any witness must be made in the ordinary way. The evidence of such witnesses and the arguments of counsel must be confined to the question of the criminal nature of the group or organization. Counsel will not be entitled to call evidence or to discuss any question as to the individual responsibility of particular applicants, except in so far as this may bear upon the criminal character of the organizations. Counsel will be permitted, as far as possible, to communicate with applicants in order to decide what witnesses they wish to apply to call.
The third announcement is this: The Chief Prosecutor for the United States has requested the Tribunal to make a change in its formal order which provided that only such portions of documents which are read in the court would be admitted as evidence. In order to meet the needs, so far as possible, of the members of the Tribunal, of the Prosecution, and of Counsel for the Defendants, to have before them all of the evidence in the case, the Tribunal, having carefully considered the request, makes the following order All documents may be filed in Court.
The Tribunal shall only admit in evidence, however:
1. Documents or portions of documents which are read in Court;
2. Documents or portions of documents which are cited in Court, on the condition that they have been translated into the respective languages of the members of the Tribunal for their use; and that sufficient numbers in German are filed in the Information Center for the use of Defense Counsel. judicial notice in accordance with Article 21 of the Charter, and the prosecution and the defendants will be at liberty to read those documents or to refer them without reading them. sufficient copies thereof are, at the same time, filed for Defense Counsel in the Information Center. As far as possible, these should be furnished in advance of their introduction in Court. In order to permit the Interpretation and Translation Division to make translations in time, five days before they are to be offered in evidence.
This is the fourth announcement: The Tribunal has passed upon a number of applications for witnesses. Some of these have been granted, subject to their evidence being relevant. Some have been declined, and in some cases orders have been made that the witness be alerted; that is to say, that if he can be located, he be advised to hold himself in readiness to come here as a witness if the application is granted. nesses who are material and relevant to their defense. To prevent the unnecessary prolonging of the trial, however, it is clear that the witnesses whose testimony is irrelevant or merely cumulative should not be summoned. At the conclusion of the Prosecution's testimony, the Tribunal shall hear from Defendant's Counsel as to which of the witnesses granted or alerted they think necessary to bring here to testify. At that time, the Tribunal may hear from them further as to any witnesses that have been declined, if, in view of the case, it then appears to the Tribunal that the testimony of such witnesses is material and not cumulative. any relevant matter, and may interrogate him as a witness for that purpose. If the other defendant takes the stand in his own behalf, the right shall be exercised at the conclusion of his testimony.
Examination of witnesses called by other defendants: The same person has been asked as a witness by a number of defendants in some cases. It is only necessary that such witness be called to the stand once. He may then be interrogated by counsel for any defendant as to any material matter.
CAPTAIN HARRIS: May it please the Tribunal, we are resuming the presentation of evidence of the conspirators' plans for Germanization and spoliation. conspirators' plans for the spoilation and Germanization of the Soviet Union.
As Mr. Alderman has shown, the invasion of the Soviet Union was the culmination of plans meticulously laid by the conspirators. We wish now to introduce evidence upon the conspirators' plans for the spoilation and Germanization of the Soviet Union after their anticipated conquest. execution of these plans meant in terms of human suffering and misery. We submit that the few exhibits which we propose to offer at this time will show the following:
1. The conspirators planned to remove to Germany all foodstuffs and raw materials from the South and South-East of the Soviet Union, over and above the needs of the Nazi invading forces and the absolute minimum necessary to supply the bare needs of the people in those particular regions.
area of the Soviet Union, which the conspirators called the "Forest Zone". The latter zone embraced some of the leading industrial areas of the Soviet Union, including Moscow and Leningrad.
2. They deliberately and systematically planned to starve millions of Russians. Starvation wasto be accomplished by the following means:
a. As indicated under Point 1, products from the south and forcibly diverted to Germany.
Moreover, all livestock in b. They established the following order of priority in which who were not essential to the production of farm products for the German war machine, were to be systematically starved.
Point 3. They planned the permanent destruction of all industry in the northern area of the Soviet Union in order that the remnants of the Russian population would be completely dependent upon Germany for their consumer goods.
4. They planned to incorporate a part of Galicia and all of the Baltic countries into Germany and to convert the Crimea and an area north of the Crimea, the Volga territory, and the district around Baku into German colonies.
I first offer in evidence Document No. EC-472, U.S.A. Exhibit No. 315. This document is offered for the particular purpose of showing the status and functions of the Economic Staff East, Group LA. The Exhibit which we shall next offer in evidence was prepared by this organization. Document No. EC-472 is a directive issued by Defendant Goering's office for "The Operation of the Economy in the Newly-occupied Eastern Territories." It is the second edition and is dated Berlin, July 1941. The first edition was obviously published some time before July 1941. The document was found among the captured OKW files in Sackenheim. Economic Executive Staff Easter, which was directly responsible to him, and under it created the Economic Staff East. The Economic Staff East in turn was sub-divided into four groups: the Chief of the Economic Staff, Group LA, Group and Group M. I now quote from page 2, lines 7-9 of the English text. In the german text it is at page 7, lines 7-9.
I quote: "Group LA. Functions of Nutrition and Agriculture, concerned."
Exhibit No. 316. This is a report dated 23 May 1941, which was before the invasion of the Soviet Union. It was found among the captured files of the OKW. It is entitled, "Economic Policy Directives for Economic Organization, East, Agricultural Group." It was prepared by the Economic Staff East, Group LA, the Agricultural Group, which, as shown by the exhibit introduced a few months ago, was an important part of the organization which Defendant Goering established to formulate plans for the economic administration of Russia.
underscoring in the original. production of agricultural products in the Soviet Union. It states that the grain surplus of Russia is determined by the level of domestic consumption and that this fact affords the basis upon which the planners must predicate their actions and economic policy. I now quote from the 6th and 7th paragraphs of page 2 of the English text. The German text is the last 3 lines of page 3, and the first 5 lines of page 4.
I quote: "The surplus territories are situated in the black soil district (that is is the south and south-east) and in the Caucasus.
The deficit areas are principally located our disposal.
The consequences will be cessation of industrial centers of Moscow and St. Petersburg."
of page 3, of the English text. The German text, begins in the middle of line 6 of page 5 and continues through to line 29 of page 6.
I quote: "This, the cessation of supplies, means:
1. All industry in the deficit area, particularly the 2. The Trans-Caucasian oil district will have to be excepted, although it is a deficit area.
This source of 3. No further exceptions with a view to preserving one or the other industrial region or industrial enterprise must be permitted.
4. Industry can only be preserved insofar as it is located in the surplus region. This applies, apart from the abovementioned oil field regions in the Caucasus, particularly to the heavy industries in the Donetz district (Ukraine). Only the future will show to what eytent it will prove possible to maintain in full these industries, and in particular the Ukrainian manufacturing industries, after the withdrawal of the food surplus by Germany. The following consequences result from this situation, which has received the approval of the highest authorities, since it is in accord with the political tendencies, preservation of the "small" Russians, preservation of the Caucasus, of the Baltic provinces, of White Russia to the prejudice of the Great Russians.
I. For the forest belt a) Production in the forest belt (the food-deficit area) will become 'naturalized', similar to the events during the World War and the Communistic tendencies of the war, etc., viz: agriculture in that territory will begin to become a mere 'home production'. The result will be that the planting of products destined for the market such as, in particular, flax and hemp, will be discontinued, and the area used therefor will be taken over for products for the producer (grain, potatoes, etc.) Makeover, discontinuance of fodder for the area will lead to be collapse of the dairy production and of pig producing in that territory. b) Germany is not Interested in the maintenance of the productive power of these territories, except for supplying the troops stationed there. The population, as in the old days, will utilize arable lan for growing its own food. It is useless to expect grain or other surpluses to be produced. Only after many years can these extensive regions be intensified to an extent that they might produce genuine surpluses. The population of these areas, in particular the urba population, will have to face most serious distress from famine. It will be necessary to divert the population into the Siberian spaces. Since rail transport is out of the question, this too, will be an extremely difficult problem. c) In this situation, Germany will only draw substantial advantages by quick, non-recurrent seizure, i.e., it will be vitally necessary to make the entire flax harvest available for German needs, not only the fibers but also the oleaginous seed. It will also be necessary to utilize for German purposes the livestock which has no fodder base of its own, i.e. it will be necessary to seize livestock holdings immediately, Germany.
Since fodder supplies will be cut off, pig and decline in the near future.
If they are not seized by the out of it."
THE PRESIDENT: Don't go too fast..... Yes?
CAPTAIN HARRIS: That is the end of that particular quotation. Our next quotation is from the first paragraph of page 4 of the English text. The German text is at page 7, last 2 words of line 26, down to the beginning of line 31.
Quote: "It has been demanded by the Fuehrer that the reduction in the meat ration should be made good by the fall. This can only be achieved by the most drastic seizures of Russian livestock holdings, particularly in areas which are in a favorable transport situation an relation to Germany." from this last exhibit, which I had originally intended to quote the underscored words "In the future", and quote to line 48.
In the German text it is at page 8, third line from the bottom, continuing to line 17 of page 9.
"In the future, Southern Russia must turn its face toward Europe. Its food supluses, however, will only be paid for if it purchases its industrial consumer goods from Germany, or Europe. Russian competition from the forest zone must, therefore, be abolished.
"It follows from all that has been said that the German administration in these territories may well attempt to mitigate the consequences of the famine which undoubtedly will take place, and to accelerate the return to primitive agricultural conditions. An attempt might be made to intensify cultivation in these areas by expanding the acreage under potatoes or other important food crops giving a high yield. However, these measures will not avert famine. Many tens of millions of people in this area will become redundant and will either die or have to emigrate to Siberia. Any attempt to save the population there from death by starvation by importing surpluses from the black soil zone would be at the expense of supplies to Europe. It would reduce Germany's staying power in the war, and would undermine Germany's and Europe's power to resist tin blockade. This must be clearly and absolutely understood." The German text is at page 12, lines 1 to 11.
"1. Supplies for the Army:
"Germany's food situation in the third year of war demands it imperatively that the Wehrmacht, in all its provisioning, must not live off Greater German territory or that of incorporated or friendly areas from which this territory receives imports. This minimum aim, the previsioning of the Wehrmacht from enemy territory in the third year, and if necessary in later years, must be attained at any price. This means that one-third of the Wehrmacht must be fully provisioned by French deliveries to the army of occupation.
The remaining twothirds (and even slightly more in view of the present size of the Wehrmacht) must without exception be provisioned from the Eastern space." The German text is at page 18, lines 15 to 22.
"Thus it is not important under any circumstances, to preserve what has existed, but what matters is a deliberate turning away from the existing situation and introducing Russian food resources into the European framework. This will inevitably result in an extinction of industry as well as a large part of the people in what so far have been the food-deficit areas.
"It is impossible to state an alternative in sufficiently hard and severe terms." English text. The German text is at page 19, lines 11 to 20.
"Our problem is not to replace intensive food production in Europe through the incorporation of new space in the East, but to replace imports from overseas by imports from the East. The task is two-fold:
"1. We must use the Eastern spaces for overcoming the food shortages during and after the war. This means that we must not be afraid of drawing upon the capital substance of the East. Such an intervention is much more acceptable from the European standpoint than drawing upon the capital substance of Europe's agriculture." penultimate paragraph of the English text. The German text appears at lines 24 to 31 of page 19.
"2. For the future new order, the food-producing areas in the East must be turned into a permanent and substantial complementary source of food for Europe, through intensified cultivation and resulting higher yields.
"The first-named task must be accomplished at any price, even through the most ruthless cutting down of Russian domestic consumption, which will require discrimination between the consuming and producing zones."
its face, a studied plan to murder millions of innocent people through starvation. It reveals a program of premeditated murder of millions of innocent people, through starvation. It reveals a program of premeditated murder on a scale so vast as to stagger the human imagination. Mr. Elwyn Jones, of the British delegation, will subsequently show that this plan was, in effect, the logical culmination of general objectives, clearly announced by Adolf Hitler in "Mein Kampf." Each defendant in the box was fully aware of these general objectives when he committed the acts with which he is charged. one I have just quoted. This document is Document No. L-221, which is U.S.A. Exhibit 317. This is a top secret memorandum, dated 16 July, 1941, of a conference at the Fuehrer's headquarters, concerning the war in the East. It seems to have been prepared by Defendant Bormann, because his initials appear at the top of page 1. It was captured by the United States Counter-Intelligence Branch. attended by Hitler, Lammers, and Defendants Goering, Keitel, Rosenberg and Bormann. upon the conspirators' plan to Germanize conquered areas of the Soviet Union. It is important also for its disclosure of the utterly fraudulent character of the whole Nazi propaganda program. It shows how the conspirators sought to deceive the entire world; how they pretended to pursue one course of "2. To emphasize that we are liberators.
"In particular: The Crimea has to be evacuated by all foreigners and to be settled by Germans only. In the same way the former Austrian part of Galicia will become Reich territory.
"Our present relations with Roumania are good, but nobody knows what they will be at any future time. This we have to consider, and we have to draw our frontiers accordingly. One ought not to be dependent on the good will of other people. We have to plan our relations with Roumania in accordance with this principle.
"On principle, we have now to face the task of cutting up the giant cake according to our needs, in order to be able:
"first, to dominate it;
"second, to administer it, and;
"third, to exploit it.
"The Russians have now ordered partisan warfare behind our front. This partisan war again has some advantage for us; it enables us to eradicate everyone who opposes us.
"Principles: Never again must it be possible to create a military power west of the Urals, even if we have to wage war for a hundred years in order to attain this goal. Every successor of the Fuehrer should know, security for the Reich exists only if there are no foreign military forces west of the Urals: it is Germany who undertakes the protection of this area against all possible danger. Our iron principle is and has to remain: We must never permit anybody but the Germans to carry arms."
I next quote from page 3, lines 19 to 31 of the English text. In the German text this is at the last 13 lines of page 5.
"The Fuehrer emphasizes that the entire Baltic country will have to be incorporated into Germany.
"At the same time the Crimea, including a considerable hinterland, (situated north of the Crimea) should become Reich territory; the hinterland should be as large as possible.
"Rosenberg objects to this because of the Ukrainians living there.
"Incidental question: It occurred to me several times that Rosenberg has a soft spot for the Ukrainians; thus he desires to aggrandize the former Ukraine to a considerable extent."
thetically that his was the only aspect of the Germanization program, outlined by Hitler at this meeting, to which Rosenberg objected in anyway. Resuming the quotation:
"The Fuehrer emphasizes furthermore that the Volga Colony, too, will have to become Reich territory, also the district around Baku; the latter will have to become a German concession (military colony)." 16 July, 1941, called for the unlawful incorporation of a part of Galicia and all of the Baltic countries into Germany; and for the unlawful conversion of the Crimea and areas north of it, the Volga territory and the district around Baku, into German colonies. Honors to Document No. 1029-PS, already introduced in evidence by Mr. Aiderman, as Exhibit No. U.S.A. 145. This document was not included in your Document Book, your Honors, but has been read into the record by Mr. Alderman, pages 1202 and 1203. This document is entitled, "Instruction for a Reich Commissar in the Baltic Countries and White Russia."
THE PRESIDENT: Where are you quoting from?
CAPTAIN HARRIS: Sir, it is not included in the Document Book, but it is in the record, at pages 1202 and 1203. In the German text, the original which we have here, it is at pages number 2 and 3.
THE PRESIDENT: Of 1202-PS?
CAPTAIN HARRIS: No sir, 1202 of the record. The PS Number is 1029. That is U.S.A. Exhibit Number 145.
"The aim of a Reich Commissar for Esthonia, Latvia, Lithuania and White Russia (last two words added in pencil) must be to strive to achieve the form of a German protectorate, and then transform the region into part of the German Reach by Germanizing racially possible elements, colonizing Germanic races and banishing undesirable elements. The Baltic Sea must become a Germanic inland sea, under the guardianship of Greater Germany."
I now offer in evidence Document No. EC-3, which is U.S.A. Exhibit No. 318. This document was likewise found among the captured OKW files at Fechenheim. This document, your Honors, is offered as direct proof of the fact, to which we have previously referred, that even in the food surplus areas of the occupied regions of the Ukraine, the conspirators planned to allocate food on a basis which left virtually nothing for these persons who were not engaged in the compulsory production of commodities for the German war machine. This document, as well as Document No. EC-126, which was introduced a few moments ago and others we offer, should, it is submitted, be read in the light of the explicit provision in Article 52 of the Hague Regulations of 1907, that requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. In the German text it appears at page 13, lines 1 to 3. The particular document from which I am about to quote is a top secret memorandum, dated 16 September, 1941, concerning a meeting of German military officials, presided over by Defendant Goering. The memorandum was signed by General NAGL, liaison officer between Defendant Goering's Four Year Plan Office and the OKW. I now quote:
"At this conference which was concerned with the better exploitation of the occupied territories for the German food economy, the Reich Marshal called attention to the following:--" English text. The German text is at page 13, third and fourth paragraphs.
"It is clear that a graduated scale of food allocations is needed.
"First in line are the combat troops, then the remainder of troops in enemy territory, and then these troops stationed at home. The rates are adjusted accordingly. The supply of the German non-military population follows and only then comes the population of the occupied territories." our page 1 of the English text. This is a memorandum, dated 25 November, 1941, relating to the general principles of economic policy in the newly-occupied Eastern territories, as prescribed in a conference held in Berlin on 8 November 1941. This memorandum was written by General Nagl. It is on the stationery of the Supreme Headquarters Armament Procurement Office with the Reich Marshal Goering.
THE PRESIDENT: I'ant this document, the part you are going to read now, merely cumulative to EC-126, which you have just read to us, that economic policy directive?
CAPTAIN HARRIS: It further proves that fact, sir. I can omit it, if you like.
THE PRESIDENT: It doesn't seem to add to it.
CAPTAIN HARRIS: It is a rather obvious point and I will concede to your Honor. I shall pass on to the next point. decree, appointing Defendant Rosenberg as the Reich Minister for the occupied Eastern territories. This was the day following the meeting at the Fuehrer's headquarters, which is reported in Document No. L-221and from which we have already quoted at length.
Eastern territories, is set forth in Document No. 1997-PS, which is U.S.A. Exhibit No. 319 and I offer it in evidence. I quote from articles 2 and 4 on page 1 of this decree. The German text is at pages 27 and 28, articles 2 and 4.
"The Civil Administration in the newly-occupied Eastern territories where these territories are not included in the administration of the territories bordering on the Reich or the General Government, is subject to the Reich Minister for the Occupied Eastern Territories.
"I appoint Reichsleiter Alfred Rosenberg as Reich Minister for the occupied Eastern territories. He will hold office in Berlin."
Defendant Rosenberg's views well fitted him for his task as one of the chief executioners of the conspirators' plans in the Soviet Union. His views were plainly expressed in a speech delivered on 20 June, 1940, and is set forth in Document No. 1058-PS, now USA Exhibit No. 147. I refer Your Honors to the first three sentences of the English text. The German text appears on page 9, last five lines and continuing through to line 2 of page 10. In the speech, Defendant Rosenberg stated, and I quote:
"The job of feeding the German people, stands, this year, without a doubt, at the top of the list of Germany's claims on the East; and here the southern territories and the northern Caucasus will have to serve as a balance for the feeding of the German people. We see absolutely no reason for any obligation on our part to feed also the Russian people with the products of that surplus territory. We know that this is a harsh necessity, bare of any feelings."
Exhibit Number 320. This document was likewise found among the captured files of the OKW. It contains a set of directives issued by Defendant Rosenberg in his capacity as Reich Minister for the Occupied Eastern Territories. exhibit. The German text is at page 39, paragraphs 4 and 5. In these directives Defendant Rosenberg stated, and I quot "The principal task of the civilian administration in the occupied Eastern territories is to represent the interest of the Reich.
This basic principle is to be given precedence in all measures and considerations. Therefore, the occupied territories, in the future, may be permitted to have a life of their own in a form not as yet to be determined. However, they remain parts of the Greater German living space and are always to be governed according to this guiding principle.
"The regulations of the Hague Convention on Land Warfare, which concern the administration of a country occupied by a foreign belligerent power, are not applicable, since the USSR is to be considered dissolved, and therefore the Reich has the obligation of exercising all governmental and other sovereign functions in the interests of the country's inhabitants. Therefore, any measures are permitted which the German administration deems necessary and suitable for the execution of this comprehensive task."
THE PRESIDENT: Reacts that been read before?
CAPTAIN HARRIS: Not to my knowledge, sir.
THE PRESIDENT: Very well.
CAPTAIN HARRIS: Implicit in Defendant Rosenberg's statement that the Hague Regulations are not applicable to the Soviet Union is the recognition by him that the conspirators' actions in the Soviet Union flagrantly violated the Hague Regulations. The statement indicates that the conspirators were utterly contemptuous of applicable principles of international law.