to secret directives given by the defendant Goering himself, as can be seen in a document dated 2 August 1940, discovered by the Army of the United States, which bears the number EC 137, which I place before the Tribunal under Number 105. This is the essential passage of the document:
"The extension of the German influence over foreign enterprises is an objective of German political economy. It is not yet possible to determine whether the Peace Treaty derives from the yielding of participation and to what extent, but from this point on it becomes essential to exploit every occasion to permit German economy in time of war to base itself upon economic objectives that involve the occupied territories and to prevent work that might make the realization of the above-mentioned objective more difficult." End of quotation. is possible as to the intentions of the German directors and rulers. The proof of the putting into execution of such a plan results from a German document which will be read when the particular case of France will be called upon in the course of this expose. Chief of the Administrative General Staff on Economic Questions, connected with the German military command in France, who brings out the extent of the dictatorship of the Reich over the occupied countries in economic matters. The control of the enterprises in occupied countries was assured by civil or military officials who were on the spot and also later by similar German enterprises who had become their Paten-Firma or home establishment. received by an important French society. This involves the ThomsonHouston house, and I present it to the Tribunal under Number 106 in the French documentation, a letter addressed to this establishment. It is dated Paris, 8 October 1943, to Thomson-Houston, 173 Boulevard Haussmann:
"You are fully responsible for the punctual execution and carrying out of the German orders which are passed to you, as well as towards the giver of orders who is competent for all the commands which are sent to France.
"To facilitate for you the execution of your obligations, the firm. Allgemeine Elektricitaets, Gesellschaft-Berlin, Friedrich Karl Ufer, is designated by me as the Paten-Firma. I attach the greatest importance to your working in a close comradeship on the technical level with the above-mentioned firm. The Paten-Firma will have the following functions.:
"First of all, to cooperate in the establishment of your production plan, to utilize your capacities. Second, to keep itself at your disposal for all technical advice which you might need, and to exchange experiences with you. Third, to serve as an intermediary when the case arises or negotiations with German services. Fourth, to keep me informed as to anything that might occur that might prevent or limit the accomplishment of your engagements.
"In view of assuring these steps, the Paten-Firma is authorized to delegate a Firmenbeauftragter to be a representative in your firm, and in case of need, engineers, technical engineers, from other German firms who may have handed you important orders.
"In order to permit the Paten-Firma to accomplish its task it will be necessary to give the firm or its Firmenbeauftragter the necessary documentation on everything that relates to the German orders and to their execution: First of all, by placing at its disposal your correspondence with your furnishers and with your subcontractors; second, by informing it of the manner in which the capacities of your factories are being utilized and permitting it to check on the production; third, by giving it knowledge of your connections and communicating to it your correspondence with the German services.
"It is your duty to inform the Paten-Firma or their Firmenbeauftragter of any orders which you may receive." of German firms in the occupied territories, with the double aim of favoring the Reich war effort and to achieve by progressive absorption an economic preponderance in Europe, even in case of a peace by compromise.
and made wholesale requisitions of produce, leaving the population only grossly insufficient quantities to assure their subsistence. German military or civilian forces in the occupied countries. the numerous acts committed in the occupied countries, it is important nevertheless to mention the individual purchases, these having been organized methodically by the German rulers to the benefit of their own nation. purchases by means of vouchers or tokens whose regularity and value was extremely doubtful and which had been handed them by their superiors; but presently the Germans had at their disposal a sufficient quantity of money which allowed them to purchase without any kind of rationing or by means of special vouchers considerable quantities of agricultural produce or of objects of all kinds, notably textiles, shoes, furs, leather goods, et cetera. It is thus, for instance, that certain shoe establishments were obliged every week to sell in exchange for special German vouchers 300 pairs of shoes for city use, men's, women's and children's shoes. which I will have occasion to refer to several times in the course of this presentation and which I submit to the Tribunal under Number 107. I repeat, not only authorized but organized by the German rulers. In fact, when the Germans returned to their country they were encumbered by voluminous baggage.
A service of package sending postal service had been created by the Germans for the benefit of Germans living in the occupied countries. The objects were wrapped in a special kind of paper and provided with seals, that enabled them to pass through the French customs stations on their entry into Germany. it is important to refer to the declaration of one Murdrel, ex-director of the Reichskreditkasse in Paris, Murdrel, who is at present held in Paris, specifies that on the 29th of October, 1945 - this is the declaration made by Murdrel on the subject of individual purchases. The Judge asked him the following questions:
"What were the needs of the Army of occupation? What purchases did you have to make on its account?"
This is Document 108. This is the testimony of Murdrel.
THE PRESIDENT: What are you doing about 107? Are you quoting from 107?
M. GERTHOFER: This is the report of the economic control
THE PRESIDENT: You are asking the Tribunal to take judicial notice of that, are you?
M. GERTHOFER: I submit it to the Tribunal, and I shall make readings from it from time to time in the course of my declaration.
THE PRESIDENT: And now you are going to read 108?
M. GERTHOFER: Yes, I shall make readings from 108, on Page 9.
The Judge asked Murdrel the following questions:
"What were the needs of the Army of occupation? What purchases did you have to make on its account?"
The answer: "It is impossible for me to answer the first part of the question. I had tried during the occupation to inform myself on this point, but it was objected that this was a military secret which I had no right to know. What I can tell you is that we settled the pay of the troops, and that a private earned from 50 to 60 Marks, a noncommissioned officer, 50 percent more, and an officer considerably more, naturally. I have no idea of the forces that the occupation Army may have included, as these forces were extremely variable," I skip a few lines to make this shorter.
Murdrel adds:
"Aside from this, every soldier on leave returning from Germany had the right to brine back with him a certain number of Harks, 50. The same was the case for any German soldier who was stationed for the first time in France. We made the exchange of Marks for Marks, that is, exchanged Francs for Marks. I evaluate the total of the sume that we paid over each month in this way to 5 billion Francs, 5 billion Francs" that spent individually in France by the Germans, of which the greater portion was employed for the purchase of products and objects sent to Germany and to the detriment of the French population. 60 billion Francs a year is greater than the budgetary receipts of the French budget in 1938, since this was only 54 billion Francs per year. a fourth chapter consecrated to the organization of the black market by the Germans in the occupied territories.
rationing of products of all kinds and they had left only grossly insufficient quantities for their own vital needs. This control and regulation left free a large quantity of the stock and of the production which the Germans seized, either by means of operations that were, to all appearances, regular requisitions, purchases by officials, offices and services, individual purchases, in exchange for vouchers of German priority. average of five billion francs per month. But such a regulation and control had, as its corollary, a rarefaction of merchandise and the concealment of products affected to the end of keeping them from the Germans. This state of things gave birth in the occupied countries to what was called the "black market", that is to say, secret purchases made in violation of regulations on rationing. extent, to purchases on the black market, usually through the intermediary of agents and of sub-agents, recruited amongst the most doubtful elements of the population, who were charged with finding where these products could be found. These agents, compromised by reason of violations of the legislation on rationing which they committed, benefited by a total immunity, but they Were constantly under the threat of denunciations on the part of their German employers in case they should slow up or stop their activity. Often these agents also fulfilled functions for the Gestapo and were paid for the services by commissions, which they obtained on the black market. habit of making secret purchases that became increasingly important in volume. Indeed, they began to compete amongst themselves for this merchandise, the chief result of which was to augment the price and they threatened to bring about an inflation. The Germans, while they continued to profit by the secret purchases, were anxious that the money which they utilized should maintain as high a value as possible. To obviate such a situation, the rulers of the Reich decided in June 1942 to organize purchases on the black market methodically. Thus Goering, the Plenipotentiary of the Four-Year Plan, gave on the 13 of June, 1942 to Col.
J. Veltjens the mission of centralizing the structure of the black market in the occupied countries.
This fact results from a document discovered by the Document Book.
This includes three documents which are signed by the Defen dant Goering, addressed to Col.
Veltjens. I do not want to take the time of
THE PRESIDENT: I am afraid we must adhere to our ruling that of which we
M. GERTHOFER: This is the letter of the 13 of June, 1942, signed by "The purchases of merchandise affected parallelly by the different any military or civilian administration.
This deplorable state of things can "I therefore charge you to regularize these commercial transactions in "In principle, commercial transactions in the occupied territories that "I approve your proposal regarding the utilization for the removal of the R.O.G.E.S. "I beg you to submit, at the earliest possible date, a plan of work concerning the putting into effect of your activity in Holland, in Belgium, in France and Serbia.
In Serbia it is Consul General Neuhausen who is to be in charge. This plan must involve, in addition to the seizure of port installations and the utilization of enterprises, whose closing may be envisaged in occupied territories.
"As to the results of your activity, I beg you to submit to me every month, through my representative, a report, the first of these to be submitted to me on July 1, 1942. If necessary, the Central Service of the Plan will make decisions concerning the distribution of merchandise thus purchased. (Signed) Goering." for the complete gathering together of all the merchandise that could be utilized, even if signs of inflation should result from this fact in the occupied territories. This is brought out by a report signed "Wiehl", relative to the utilization of funds derived from occupation expenses. I submit this to the Tribunal, under Number 110. the occasion of the Harvest Festival -- a speech that is reported in "Das Archiv" of October 1942, Number 103, page 645. In this speech the Defendant Goering implicitly brings out that he meant purchases on the black market in the occupied countries to continue for the benefit of the German population. I submit a copy of this article under Number 111 and I quote from the following passage:
"I have examined with very special attention the situation in the occupied countries. I have seen how the people in Holland, in Belgium, in France, in Norway, in Poland and everywhere, where we have become settled, how these people lived. I have noticed that although very often their propaganda spoke officially of the difficulty of their food situation, in point of fact this was far from being the case. No doubt everywhere, even in France, the system of ration cards has been introduced. But what one is able to obtain in exchange for these ration cards is but a supplement and people live normally on illegal commerce. This state of things has caused me to make a firm decision, a principle which I shall relinquish under no pretext.
"The first task which must come before all others is to assure the first place to the German people in the battle against hunger and in the problem of food supply. This is why I have decided that in territories which have been conquered and placed under our protection, the population shall no longer suffer from hunger. But if the enemy should get the idea of opposing our policy of food supply, it is then necessary that all should know that if there is to be famine anywhere it shall in no case be in Germany." of January, 1943 by Col. Veltjens, in which he gives an account of his activity over a period of six months, to the Defendant Goering. This is Document 1765 PS, which I submit now to the Tribunal under Number 112. It is not possible for me to give a complete reading of this report. I shall simply read certain passages of it.
reasons for the rise of the black market in these terms:
"(a) The reduction in merchandise as a result of the regulation and rationing.
"(b) The impossibility of making an effective blocking of our maintenance of prices.
"(c) The impossibility of making an adequate survey of prices on the German model by reason of the lack of personnel in the surveillance organizations.
"(d) The neglect in the appliance of counter-measures on the part of the local administrative authorities, especially in France.
"(e) The imperfect penal justice of the local judiciary authorities.
"(f) The lack of discipline amongst the civilian population."
Then under the same number (f), a little further, Voltjens indicates the activity of the German services on the black market.
"Assumes little by little such scope that it creates more and more unendurable situations. It was known that the black market operators offered at the same time their merchandise to several Bureaus and Offices and that it was the one which offered the highest price who obtained the merchandise. Thus, the different German formations not only vied with each other in obtaining the merchandise, but also they caused the prices to rise." leadership of the service created for the Four-Year-Plan Office in these terms:
"Finally, in June 1942, in accord with all the central services, the delegates for the Special Missions. B.F.S., was charged with taking in hand the seizure and the direction of the black market. Thus, for the first time was fulfilled the first necessary condition for effectively dealing with the problem of the black market." of the organization in charge of which he was placed and he writes, among other things:
"It hasbeen claimed that purchases on the black market in their present volume and at the price which actually prevails, would not in the long run become too burdensome for the budget of the Reich.
The answer to this may be given that the greater part of the purchases made have been made in France and have been financed by occupation costs. It is thus that for a total of 1,107,792,891 Reichmarks of purchases, 929,100,000 Reichsmarks have been put to the costs of French occupation and thus constitute in no way a charge for the Reich budget." market, he concludes:
"To summarize, one must recognize that the situation
THE PRESIDENT: What page are you now on, of this document?
M. GERTHOFER: This is page 17 of the report and 20 of the text.
THE PRESIDENT: Yes, I have it now, go on.
M. GERTHOFER: "In conclusion (Veltjens says) it must be recognized that the situation of the supplying of food to the Reich will no longer make it possible to give up purchases on the black market, even after this last has been skimmed, as long as their exists hidden stocks of merchandise useful for the conduct of war. In regard to this superior interest, every other consideration must disappear." question of the technical organization of the services. Here are several relevant passages.
"The general direction of surveillance, especially organized to this intent, that is to say:
"(a) The surveillance service in France with headquarters in Paris.
"(b) Surveillance service in Belgium and Northern France with its seat in Brussels.
"(c) Surveillance service in Belgium and Northern France and an annex service in Lille, with its seat in Lille.
"(d) Surveillance service in Holland, with its seat in the Hague.
"(e) Surveillance service in Serbia, having its seat in Belgrade. by a limited number of purchasing organizations, which are authorized:
for France 11, for Belgium 6, for Holland 6, for Serbia 3.
"It is thus (he writes) that all the purchases are subject to the central surveillance of the delegate for the Special Missions."
Further on Veltjens adds:
"The figure of the purchases and the transport of merchandise are affected by the R.O.G.E.S. of the Reich. The merchandise is distributed thereupon in the Reich by the R.O.G.E.S. in conformity with the instructions of the Central Plan or by departments designated by the Central Plan and each time in order of the urgency of the needs of the different qualified services." of the operations affected up to the date of November 30, 1942, that is to say in less than five months, since his organization had not begun its activity earlier than July 1, 1942. Here are the figures that Veltjens gives.
"The volume of purchases made: (a) since the inauguration of the purchases directed by the German commander or the Reich commissar, and of the directed distribution of merchandise in the Reich, there has been purchased a total of 1,107,702,818 Reichsmarks. In France, total amount of 929,100,100, Reichsmarks; in Belgium 103,881,929, Reichsmarks; in Holland 73,685,162,64, Reichsmarks; and in Serbia 1,125,727, Reichsmarks."
Veltjens adds: "The regulation has worked out in France - has been carried out on the basis of the occupation costs and in the other countries by means of the clearing device." over the period of these five months. I shall simply give a summary to the Tribunal. First of all metals - 66,202 tons for a value of 273,078,287 Reichsmarks; second, textiles, for a total value of 439,040,000, Reichsmarks; third leather, skins and hides to a total value of 120,754,000, Reichsmarks. Veltjens adds:
"Besides those purchases there have been the following purchases: oils and industrial grease, oils and fats for consumers, wool, household articles, wines and spirits, engineering equipment, sanitary articles, sacks."
five months. Then he raises the question, or rather he states the principle that the black market must be utilized solely to the benefit of Germany and be severely repressed when it is utilized by the populations of the occupied countries and on this subject he writes, and I quote:
"1. Develop the control of prices. Inasmuch as reinforcement of a control personnel, of a German control personnel is not possible, or is possible only to a limited extent, it will be necessary to obtain from the local administration authorities a cheater activity, greater zeal in this realm.
"2. Apply severe penalties, according to the German methods, for violations of regulations. This is indeed, the only means of bringing about a remedy to the lack of discipline of the populations, a lack of discipline which goes back to the individualistic and liberal ideas and ways of these populations. A control of the sentences that have been passed by the local tribunals seems to be indicated.
"Third: The promise of a reward in case of denunciation of the violations. The figures of these recompenses should be sufficiently high in relation with the value of the objects which are involved in the denunciation and which have led to a seizure of these goods.
"Fourth: The hiring of spies and of agents provacateurs.
"Fifth: Arrest or stoppage of all enterprises that are not working for the war industry.
"Sixth: Stoppage or fusion of enterprises whose capacity or production is only being partly exploited.
"Seventh: Increased control of the productivity of plants.
"Eighth: Close examination of the quantity of raw materials to be distributed at the moment of transfer of the market.
"Ninth: Policy of prices which are in accord with the enterprises of sufficient benefits and of a nature to guarantee an adequate price level." to the German purchases on the black market, Veltjens writes:
"In the recent period, the French and Belgian economic governmental services, among others the chief of the French Government himself, have complained about purchases methodically carried out by the Germans. In response to protests of this kind, it should be observed without prejudice to other arguments that on the part of the Germans, too, there is naturally the greatest interest in the disappearance of the black market, but that the chief responsibility for its persistence falls upon the governmental authorities themselves by reason of the incapacity which they demonstrate in controlling prices and the weakness which they show in judiciary punishment of violations, whereby they bring an encouragement to the spirit of rebellion, and lack of discipline of the population." by Veltjens by recalling to it that the Germans were the principal purchases on the black market, and that their agents benefitted from it by a total immunity. his report:
"The delegate to the special missions has moreover as his takes to proceed to the recuperation of machines existing in the inactive enterprises. Machines which thus are not being utilized, in particular tool machines, of which Germany has an urgent need for its war production, are extremely numerous.
"After an agreement among the delegates of special missions, the military command and the governmental power for the production of machines, there has been created in France, at the armament inspection service, a service for the distribution of machines (machinenausgleichstelle). The creation of a distribution service of machines which is comparable to this is provided for Belgium and Holland. One must expect to meet a serious resistance on this score as well on the part of the owners of factories as on the part of the local governmental authorities, The occupation authorities will have to utilize every means to break this resistance."
In conclusion, Veltjens alludes in his report to the R.O.G.E.S, Society, which was a specialized organization in the transport to Germany of the booty captured in occupied countries, and, more particularly, of produce obtained by operations of the black market. One of the directors of this service, one Ramis was interrogated on the 1st of November, 1945, and declared in substance that the R.O.G.E.S. Society had begun its activity in February 1941, succeeding another organization. On the whole he confirms the facts that are reported in Verljen's report, I shall therefore simply submit his interrogatories before the Tribunal under No. 113.
THE PRESIDENT: Are you aksing us to take notice of this interrogation?
M. GERTHOFER: The interrogation was made in Nurnberg.
THE PRESIDENT: Yes; but unless you read all the parts of it that you wish now in court, it will not be in evidence.
M. GERTHOFER: I think that it is not necessary, because Mr. Ramis only repeats the indications given by Mr. Veltjens. It seems to me superfluous. German documents which cannot be contested. I allow myself to remind you that these documents establish that in five months, in three countries, these operations amount to the sum of 1, 107, 792, 818 Reichsmark.
We shall come back to certain details in examining the special mission of certain countries, but it is necessary to indicate the reasons why the Defendant Goering in the end decided that the black market operations should be suspended. the occupied countries, Goering decided that purchases on the black market would be suspended. of the populations of the occupied countries, since he had decided that purchases on the black market were to continue even if risks of inflation should occur. The real reason is th following: taxed by their services, the secret purchasing organizations at the same time accepted prives that were much higher. The merchandise was thus inevitably attracted by the black market, to the detirment of the official markets, and the secret products in the end absorbed the normal products. Finally, it must be added that the corruption brough on in certain groups of the Wehrmacht by such activities gave considerable anxiety to the German rulers. The black market was, therefore, officially suppressed on 15 March 1943, but certain purchasing offices continued their clandestine activity up to the moment of liberation, but in proportions that were much inferior to those which preceded the date of 15 March 1943.
I quote a passage of this report, which gives an idea of the disorder created by the German activity, and which I referred to a moment ago under No. 107, which indicates why the authorities of the Reich officially suspended purchases on the black market.
This is on page 21 of the French text. This was the period when champagne, cognac, and benedictine were handled in lots of ten to fifty thousand bottles, and goose liver past in tons. siderable numbers of officers of the Wehrmacht. Tempted by the lift of luxury which went on around them, this corruption extended so pervasively to the German military groups that from a simple canteen soldier to a higher officer each one committed the worst violations and demanded commissions on every sale. In a clandestine sale of wool, the service was found in one case to be carried out by a general of the Luftwaffe. This extended to all levels of the army.
THE PRESIDENT: What page is this? You say it is in Document 107? Which document are you reading from?
M. GERTHOFER: Page 22 of the French document. Document 107. I began on page 21 -- the second paragraph from the bottom on page 21. Next to the last paragraph on page 21 was the beginning of the quotation. were unknown and inaccessible, black market activities, handled without any documents and on a cash basis, without any other written evidence than that of the German offices, cannot be easily traced and evaluated today. offices of Paris continued thus during about twenty months; but, after having reached its culminating point towards the end of 1942, this activity was suddenly to come to an end in March 1943, a victim of its own excesses. In effect, during the whole occupation, prices and products remained rigorously limited by the French services, and even more by the German economic services, which systematically opposed any increase in prices. Anxious above all to maintain a broad, purchasing power for the French capital which they had at their disposal, but, whereas, the contractual furnishing served to the enemy were paid at prices that were barely above cost, the secret purchasing organizations accepted at the same time prices several times higher for the same products.
In these products the escape of merchandise towards the German black market became increasingly large, while at the same time hidden manufacture multiplied toward the same end. The disorder became quickly such that in certain branches of industry contractual deliveries could not be guaranteed except with great delays, in spite of the threatening protests of the German services. trial Production had to inform the German authorities that national production soon would no longer be able to meet its obligations. This irremediable situation, joined to the necessity of putting an end to the unbelievable corruption provoked by the black market in the Wehrmacht circles, brought the Reich Government, if not to suppress the German black market in its entirety, at least to consider closing the Parisian purchasing offices. This measure was carried into effect on the 13th of March, 1943, as a result of the agreement between Bichelonne and General Michel. Meanwhile, and this is very significant, the German economic services did not fail to exact in compensation a notable increase in contingents through the agreements. Thus, for the Kehrl Plan alone, this increase amounted to 6,000 tons of textile produce. Only some offices were able until the liberation to maintain a certain amount of activity by trying to deal with the Commission for Purchases with the R.O.G.E.S., or with some military services purchasing cantonment furnishings or with the offices of the Luftwaffe or the Kriegsmarine.
THE PRESIDENT: Perhaps this would be a good time to break off for ten minutes.
(A recess was taken from 1120 to 1130 hours).
particular country, concerning the black market operations, so as to be able to give a measure of their extent. But I think that right now it is established as well by the Russian report as well as by the passages from the French Economic Control Report, of which I had the honor to read to the Tribunal, that the black market is organized by the leaders of the Reich, and notably by the Defendant Goering. ing, I shall ask the Tribunal's permission to give a few explanations from the juridical point of view. It is this. It is treated in chapter five of the first part. The juridical point of view: invaded by Germany is prohibited by the international Hague Convention signed by Germany and deliberately violated by her; even though her leaders never failed to invoke this Convention every time they tried to benefit by this Convention.
Section three of the Hague Convention called "The Military Authority over the Territory of the Enemy Government," which relates to the economic questions. These clauses are very clear and do not have to be discussed. If the Tribunal will allow me to recall them in reading-
Section three of the convention of the Hague; No. 114 of the book of documents; and which is called, "The Military Authority over the Territory of the Enemy Government"; Article 42.
"The territory is considered as being occupied when it is placed under the authority of the hostile army. This occupation extends only to territory where such authority has been established and can be exercised." Article 43 "The authority of the legitimate power having in fact passed into the hands of the occupant, the latter
THE PRESIDENT: I think we can take judicial notice of these articles from the Convention.
M. GERTHOFER: I shall therefore not read this article, as they are known, and shall simply limit myself to certain juridical remarks. These texts of the Hague Convention show in a very illuminous way that the Germans could not comprehend in occupied territories the facts which were necessary to the 'maintenance of troops indispensable in occupied territories.
All items which were levied beyond these limits will leave it in violation of the text which you knew, and subsequently plundering. put aside, because Germany had given herself the aim of concluding the war against Britain and then against the U.S.S.R. and the United States of America. Defense may, moreover, pretend that because of this Germany was in a very necessitous state which had to checkmate the prescriptions of the Hague, and will try to incorporate Article 23-G, which allows to destroy or to seize even private property. relating to the conduct of the occupant in enemy territory. These last prescriptions are contained, I repeat, in Articles 42 to 56. They were relevant to the attitude which must be covered in the course of the combat. It is seen in the expression, "No seizure of enemy property except in cases where these seizures are absolutely ordered by military necessity."
B. And no discussion as to translation can be referred to because actually the French text is binding, the word "seizing." I repeat, not to appropriate a thing, but to put it under the protection of justice with a view to leaving it mused in the state where she formerly was and to keep it for her true property or for him who can show rights to it. Such a seizure is permitted by the military authority so long as the action lasts, in order to keep the property from being used against the troops. But it does not authorize him in any case to appropriate it for himself. of international law formerly provided for by Article 68 of the Charter of the United Nations of the 8th of August 1945. enrich Germany and permitted her to continue the war against Britain, the Soviet Union, and the United States. Thus they ruined the invaded countries, the populations of which were subjected to a regime of slow famine; actually, physically weakened, and who, without the victory of the Allies, would be on the road to progressive sterilization. This inhuman conduct constitutes there fore war crimes which come within the competency of this Military Tribunal, so far as the leaders of the Reich are concerned.