Tribunal will permit me to advance an argument which will certainly be presented by the defense, notably so far as economic plundering is concerned. They will pretend that juridical jurisdiction did not exist; that the international penal law had not yet been formulated in any text at the time when the defendants perpetrated the acts which they were actually charged with, and that therefore they could not be condemned to any sentence whatsoever by virtue of the principle of non-retroactivity of penal laws.
Why, gentlemen, is this principle adopted by modern legislation? It is indisputably so that any person whatsoever who is conscious of never having violated any prescribed law could not be condemned because of acts which were committed in such conditions. country had adopted a penalty against such an offense. In this case the facts are quite different. The defendants can not pretend that they were not conscious of having violated legislation of any kind.
First of all, they violated international conventions: The Hague Convention of 1907, the Briand-Kellog Pact of the 27th of August 1938; and they also violated all the penal laws of the invaded countries. How shall, in this legislation, the economic plundering be qualified-theft, swindling, blackmail, and even, I mil add, murder--to attain their aims. The Germans have premeditated and permitted numerous murders which enabled them to intimidate the proclamations to plunder them. According to the point of view of domestic law, these acts certainly fall under the application of Article 295 and the following ones of the French Penal Law, and notably of Article 303, which stipulates the guilt of murder on all offenders, whatever denomin ation, who, to execute crimes, resorted to torture or perpetrated barbarous acts. notably Articles 233 and following of the German Penal Law. Counsel for the defense will certainly stress that certain of the leaders of the their country.
They have been or will be condemned. But the crimes pressure.
The concluding contracts show that these contracts are solely in favor of Germany; as a matter of fact, never drawing any I have the honor of showing it in our particular case.
My were not certain of rapidly dominating Western Europe.
From the country.
After their success of May, 1940, their attitude changed.
less like the other occupied countries. Nevertheless, they seek to of payment.
They used, to this effect, two methods to a great extent:
the leaving of a veritable tribute of war, protecting the of the so-called clearing agreement.
These two methods should be 1. Expenses of occupation.
Article 49 of the Hague Convention of the country.
The occupant can therefore levy a contribution for the strict necessary sum; on the other hand, the needs of the paid so far as possible in cash; otherwise they will have to be maintenance of the troops.
But under two conditions, apart from 1. That the levies and the service should be proportionate 2. Pay the levies as soon as possible.
This does not mean a Nevertheless, instead of buying Danish crowns to permit their troops to spend money in Denmark, as early as 9 May 1940 they imposed the circulation of notes of the Reichskreditkasse -- which is shown in Number 26 of the Vobif, which I have already submitted under number 92.
Upon the protestations of the National Danish Bank against the issuing of foreign paper money, the Germans withdrew these notes from circulation, but demanded the opening of an account at the National Bank, promising to draw upon it for sums which were indispensible for the maintenance of the Army in Denmark and for these sums only. in levying, on their account, in spite of the Danish protestations, sums infinitely, superior to the needs of the army of occupation. levied, per month, in 1940, 43 million crowns; 37 million crowns in 1941; 39 million crowns in 1942; 83 million crowns in 1943; 157 million crowns in 1944; 187 million crowns in 1945. The total of these levies amounts, according to the Danish Government, to 4,830,000,000 crowns. ment concerning this, a report to which I shall refer in the course of this statement. German document discovered by the United States Army, EC-86, page 11, which I submit to the Tribunal under the number 116. This is a secret report of the 10th of October, 1944, written by the labor staff for foreign countries, and which concerns the financial leaders in occupied territories. territory, and therefore does not pay occupation expenses. The means of payment necessary to the German troops are put at the disposal of the high administration of the Reichskreditkasse by the Central Danish Bank, by the channels of ordinary credit. 1944, for occupation expenses, amount to: 1940-1941, 531 million crowns;
1941-1942, 437 million crowns; 1942-1943, 612 million crowns, ; 1943-1944, 1,381,000,000 crowns.
This represents, up to the 31st of March, 1944, levies amounting to 2,971,000,000 crowns. This corresponds to the information given by the Danish Government for approximately the same period, 2,723,000,000 crowns. as compared to the rate of exchange for the crown, had been fixed by the occupying powers from 47.7 to 53.1 marks per hundred crowns. was not an occupied territory, they levied in this country the total sum of 4, 830,000,000 crowns, an enormous sum, seeing the number of inhabitants and the resources of the country. In reality, this was nothing other than a war tribute which the Germans imposed under the pretext of furnishing means of payment to her army, which was stationed in Denmark., The maintenance of the army necessary to the occupying of Denmark did not necessitate such important expenses, and it is evident that the Germans used, as in other countries, the majority of the funds extorted in this manner from Denmark to finance their war effort.
Chapter 2, Clearing: as a pretext to declare a general moratorium on all her previous engagements. Nevertheless, to be able to continue, to a certain extent, her commercial operations with foreign countries, she concluded, with a majority of the other nations, agreements permitting the payment of her commercial debts, and even of certain financial debts, on the basis of a system of compensation called "clearing." and for its duration, the Danish authorities did everything they could, but in vain, to counteract theGerman activity in this domain. Under the pressure of occupying forces Denmark could not prevent her credit for the clearing balance from constantly increasing, owing to the German purchases which weremade without the furnishing of any compensating counterpart.
According to the Danish Government, the credit balance of the account progressed in the following way:
31 December, 1940, 388,800,000 crowns; 31 December 1941, 784,400,000 crowns; 31 December 1942, 1,062,200,000 crowns; 31 December 1943 1,815,800,000 crowns; 31 December 1944 2,694, 000,000 crowns; 31 April, 1945, 2,900,000,000 crowns. I submitted a few minutes ago under number 116, and according to which, on the 31st of March, 1944, the Germans had procured for themselves means of payment, through clearing, amounting to a total sum of 2,243,000,000 crowns. made of the sum of 7,730,000,000 crowns which they procured fraudulently and to the detriment of Denmark, with the help of the indemnity of occupation and of clearing.
mate the extent of the operations carried out by the Germans on the black market. Nevertheless, the writer of the report which I have presented previously, of the 10th of October, 1944, indicates: "We must put aside all estimation of the sums which were used on the black market. Nevertheless, it must be admitted that members of the Wehrmacht used to buy, at top prices, butter and other products in Denmark. But it is impossible to fix these sums even approximately, for the black market seems to be less vast and less well coordinated than in the other occupied territories of the West, and is closer to the structure of the German black market and of the rather confused prices. Nevertheless, the prices of the Danish black market can generally be considered as much lower than the German prices. It is, therefore, not possible to speak of an average price, of an average high price, as in France, Belgium and Holland," of the Wehrmacht, used to operate on the black market in Denmark, and that the paying of expenses was done with funds extorted from Denmark. Concerning the acquisitions, which seemed regular in appearance, we lack the necessary information to be able to give prcise indications. Nevertheless, according to a secret report of the 15th of October 1944, addressed by the German office of the Economic Staff of Germany to his superiors of Frankfurt an der Oder - a document discovered by the United States Army, and which I submit under the number 117 - the following goods were levied by his department: cubic meters per month.
September 1944, 5,785 cubic meters of cut timbers; 1,110 meters of uncut timber; 1,050 square meters of plywood; 119 tons of paint for ships;
and special wood for the navy. just one German section happened to make. Denmark had to furnish important quantities of cement. Germans furnished her, in exchange, with the coal necessary for this fabrication. the Germans bought, in Denmark, for over 8,312,278 crowns, foodstuffs. These numbers are below the truth. According to the last information we have received from the Danish Government, the levies of agricultural things alone amounted, on the average, to 70 million crowns per month; which represents, for 60 months of occupation, levies of a value of 4,700,000,000 crowns, levies which were not followed by payment. crowns which were deposited in their accounts under the pretext of the maintenance of the army of occupation, and also by the method of clearing, the Germans apprehended an important quantity of things without having paid for them in any regular manner. It was in this way that they appropriated things of the Danish Army and Navy; Lorries, horses, means of transportation, furniture, clothes, and so on. To this day this has been estimated at about 850 million crowns, but that is probably below the truth. Many requisitions and secret, or even apparent purchases, have not yet been exactly estimated.
THE PRESIDENT: (interposing): Where do these figures come from?
M. GERTHOFER: These figures come from the report of the Danish Government, number 105.
THE PRESIDENT: Did you say document 105?
M. GERTHOFER: One hundred and fifteen. of the Danish Government, an estimation which is rather approximative, and for the time being only, of the damages sustained by Denmark and of the German plundering, which is estimated at 11,600,000,000 crowns.
more particulars concerning Denmark. I will, therefore, if the Tribunal will permit me, begin with particulars in the case about Norway.
THE PRESIDENT: Are you submitting a document book with this?
(The document books were submitted.)
M. GERTHOFER: The Economic Plundering of Norway: The German troops had only arrived in Norway when Hitler declared, on the 18th of April, 1941, that they should proceed to the economic exploitation of this country which, for this reason, must be considered as an enemy state.
THE PRESIDENT (Interposing): One moment; is that date right? Is it the 18th of April, 1941?
M. GERTHOFER: I am sorry, it is 1940. rather brief, but it is, nevertheless, sufficient to enable us to estimate the German activity in this country during the duration of the occupation.
Norway was subjected to a regime of most severe rationing. As soon as they entered this country, the Germans tried-and this was contrary to the most elementary principles of international law--to draw from Norway the maximum of resources possible. which I submit under the number 118-a document which is made up by the Journal De Marche of Economic and Armament Service in Norway, written in May, 1940-we have excerpts of the directives relative to the administration and to the economy in the occupied territories. Here are some excerpts from this document:
"Directive of Armament Economy:
"The Norway industry, to the measure which she does not directly supply the population, has, in her essential branches, a particular importance for the German war industry. That is why her production must be put, as soon as possible, at the disposal of the German armament industry, if this has not yet already been done.
She consists, in one part, of intermediate products which demand a certain amound of time to be transformed into finished, useful products; and, on the other hand, in raw materials which--such as aluminum, for example--can be used whilst we wait. But our own factories, which are being built, will be in a position to produce.
"For this question we must, above all, take into consideration the following industrial branches: Industries for the production of zinc, nickel, iron with a certain basis, wolfram, molybdenum, silver, pyrites; metallurgical factories for the production of aluminum, alumina, nickel; industrial production for explosives, synthetic acetates, acetates of calcium, superphosphate, carborate of calcium and soda base products; armament industries, naval dockyards, electric energy, electric energy furnished and from which depends all the industrial branches enumerated above.
"The production capacities of these industrial branches must be maintained for the duration of the occupation at the highest possible levels.
"Certain help coming from the Reich is, from time to time, necessary to surmount the difficulties which come from the seizing of English imports, or those coming from overseas.
"It is most important to assure this aid as far as the industries of raw materials are concerned, the production of which is based essentially on the imports coming from overseas. We can not for a moment overlook the question of the imports of bauxite coming from the German stocks and which can be used by the metallurgical factories of aluminum." Reichskreditkasse which were only legal in Norway and which could not be used in Germany. As in the other occupied countries, this was a means of pressure to obtain financial advantages, which were supposedly freely accorded by these brutally enslaved countries. and of Norwegian credit by two classic methods; imposition of war tribute on the pretext of the maintenance of the occupational army, and also by the functioning of a system of clearing to their profit.
German seizure of all the means of payment. First of all, indemnities for the maintenance of the army of occupation. with notes of the Reichskreditkasse. The Norwegians who had this paper money used to change it at the Bank of Norway; but this financial institution could not obtain from the Reichkreditkasse any real countervalue. In July, 1940 the Bank of Norway had 135,000,000 Rm. which came from the Reichkreditkasse, and the Bank of Norway was obliged to put the Norwegian notes at the disposal of the Germans, They used to draw checks on the Reichskreditkasse which the Bank of Norway was obliged to let go. amounts to 1,450,000,000 crowns at the end of 1940; 3,000,000,000 crowns at the end of 1941; 6,300,000,000 crowns at the end of 1942; 8,700,000,000 crowns at the end of 1943; and 11, 676,000,000 crowns after the liberation of this country. something against it. The constant threat of the new issuing of notes of the Reichskreditkasse as instruments of obligatory payment next to the Norwegian currency obliged the local financial authorities to accept the system of levies in account without actual counter value, which was less dangerous than the issuing of paper money, over the circulation of which the Norwegian administration had no power of control.
by General von Falkenhorst, commander in Norway, to the commander of the Reich, Reichsleiter Terboven, a copy of which was found not so long ago in Norway and which I submit to the Tribunal under Number 119. expenses of the Wehrmacht in Norway, von Falkenhorst writes:
"I am nevertheless of the opinion that the problem cannot at all be resolved in this manner. The only remedy is to completely abandon the actual monetary system; that is to say, the introduction of Reich currency. But, of course, this does not belong to my domain. That is why I also regret not being able to offer you any ether remedies, even though I am perfectly conscious of the seriousness of the situation in which you find yourself." occupation must be added a sum 380,000,000 crowns paid by the Norwegian Treasury for the billeting of the German troops. This information comes tous from a report from the Danish Government, which I submit under the Number 120. pretended maintenance of the occupation troops, a great part was used for other things; notably for the expenses of the police and propaganda. The occupier spent 900,000,000 crowns for these two things. submit under Number 121.
Clearing: The clearing agreement of 1937 for the barter of goods between Norway and Germany remained in force during the occupation, but it was the Bank of Norway which had to advance the necessary funds for the Norwegian exporters. other occupied countries, neutral countries, and with Italy. amounted to 90,000,000 crowns, but this balance does not show up the actual situation, for: handled through the clearing in a very abusive manner;
decided that the exportation should be made into the Reich. Then they sold these products in other countries, especially in Italy, as far as the fish was concerned; of prices, systematically raised the price of all raw products imported into Norway and which were used for the great part for the military needs of the occupiers.
On the other hand, they systematically drove down the prices of the products exported from Norway. the fraudulent operations of the occupiers, the Norwegian authorities could not hinder a very dangerous inflation. From the report of the Norwegian Government, which I submitted under Number 120 a few moments ago, it is seen that the figure of circulation, which in April 1940 amounted to 712,000,000 crowns, rose progressively to reach, on 7 May, 1945, 3,039,000,000 crowns. A inflation of this extent, which is the consequence of the activities of the occupiers, enables us to measure the impoverishment of this country. gold of the Norwegian Bank, as this had been hidden in good time.
Let us now, gentlemen, examine the levies in nature. The Germans proceeded in Norway to numerous requisitions which were or were not followed by so-called regular payments. requisitioned goods:
include the German purchases which were made with Norwegian currency or which were paid for through clearing. Right now it is not yet possible to determine or to appreciate the total extent of this. We can, however, say that the export of fish, which all went to Germany in the majority of cases, came to about 202,400 tons, whereas the official requisitions did not go past 26,000 tons. work under threat of arrest. Nevertheless, they requisitioned all ships which they could, notably, the majority of the fishing fleet. transported to Germany, as well as about 30,000 motor cars. Services, which I submitted under Number 116, we will see that the writer of the report himself estimates that the effort demaned from Norway was above her possibilities, and he writes:
"The Norwegian economy is seriously undermined by the exactions of the occupiers. It is for this reason that we had to limit the cost of occupation to one part only of the expenses of the Wehrmacht." up to January 1943 amounted to 7,535,000,000 crowns, which corroborates the data given by the Norwegian Government, the writer of the German report says:
"This sum of over 5,000,000,000 Rm. is very high for Norway. Much richer economies, as for example, that of Belgium, pay expenses which are hardly higher, and Denmark does not even furnish half of this sum. These huge levies are only made possible thanks to advances which were consented to by Germany. It is, therefore, not surprising that the exterior German-Norwegian commerce should have a very active character for Germany. That is to say, that it consists of advances.
Norway, owing to her very small population, can hardly put labor to the disposal of the German war economy. She is therefore one of the rare countries which are our debtors in the clearing."
Further on the writer adds:
"If we can deduct from these 140,000,000 Rm. the expenses of occupation and various credits calculated for after, we come to arrive at an important quantity of Norwegian levies; that is to say, approximately 4,900,000,000 Rm."
THE PRESIDENT: Perhaps that would be a good time to break off.
(Whereupon at 1245 hours the hearing of the Tribunal adjourned to reconvene at 1400 hours.)
Military Tribunal in the matter of: The We continue with the expose of economic pillage in Norway.
I had the honor this morning of informing you of the fact that the occupants required a great amount of material in payment from Norway, We shall now expound the manner in which the occupants required these payments. private property, most often on some pretext or other - property belonging to Jews, Free-masons, Scout associations, et cetera. It has been impossible thus far to establish a very direct evaluation of these spoilations. We can only give some indications of them at this time. According to the report of the Norwegian Government in 1941, the Germans seized
THE PRESIDENT (interpolating): Have you any evidence to support the facts you are stating now?
M. GERTHOFER: This is based on indications contained in the report of the Norwegian Government which I have submitted under No. 121. According to the same report, in 1941 the Germans seized almost all the radios belonging to private individuals. The value of those radios is approximately 120 million Kronen. The Germans imposed heavy fines on the Norwegian comunities under the most varied pretexts, notably Allied bombing raids and acts of sabotage.
In the report presented under No. 121 the Norwegian Government gives two or three examples of these impositions of collecting fines. On March 4, 1941, after a raid on Lofoten, the population of the small community of Ostvagoy had to pay 100 thousand Kronen. Communities had also to support German families and families that were related to the Quisling movement. On 25 September 1942, after a British raid on Oslo, one hundred citizens were obliged to pay 3 million 500 thousand Kronen in damages. In January 1941, Trondheim, Stavanger and Vest-Opland had to pay 60 thousand, 50 thousand, and 100 thousand Kronen, respectively.
In September 1941, the municipality of Stavanger was obliged to pay 2 million Kronen for an alleged sabotage of telegraph lines. In August 1941, Regaland had to pay 500 thousand Kronen, and Alesund had to pay 100 thousand Kronen. were barely different from those employed in other countries the Germans, during the occupation of Norway, not only exhausted all its financial resources but placed the country considerably in debt. It has not been possible to furnish a detailed account of the German exaction made either after requisitions followed or not followed by indemnities or by purchases, in appearance voluntary ones, fictiously regulated by means of payments that were extorted from Norway. In the report which I have submitted under No. 121, the Norwegian Government summarized the damages and losses undergone by its country in a table. I shall give a summary of this table to the Tribunal. by industry and commerce amount to a total of 440 million Kronen, of which the Germans have made settlement, fictiously to be sure, only for 7 million Kronen; merchant vessels having a value of 1 billion 733 million Kronen, for which the German Government has made no settlement; on ports and installations the sum is 74 million Kronen, on which the German Government has fictiously settled only to the extent of 1 million. On railroads, canals, airports, and other installations the sum is 947 million, of which Germany has fictiously settled for 490 million Kronen; roads and bridges, 199 million Kronen, of which the settlement amounts to 67 million. Spoliation of agriculture reached 242 million Crowns, of which only 146 million have been settled; domestic and personal business, 239 million, of which nothing has been settled. Various requisitions, not included in the preceding categories, amount to 1 billion 566 million Crowns, of which the occupant, fictiously, has settled to the amount of 1 billion 154 million Kronen. a sum of 226 million Crowns, It estimates, on the other hand, that the years of man labor lost for the national economy by forced deportation to Germany and forced labor on the order of Germany in the national territory amounts to 3 billion 122 million Kronen.
Forced payments to the German authorities amounts to 11 billion 54 million Kronen, of which Germany has made no settlement whatsoever. The grand total, according to the Norwegian Government, is 22 billion Kronen, which represents more than 4 billion dollars.
Norway particularly suffered during the German occupation. Indeed, if its resources are considerable, notably wood in its forests, minerals, such as nicke, wolfram, molybdenum, sine, copper, aluminum, Norway must import consumer goods of first necessity for the feeding of its population. As the Germans had absolute control over maritime traffic, nothing could come into Norway without their consent. They could therefore, by means or pressure as they were to do in France with the line of demarcation between the two zones, impose their exactions more easily. The rations were insufficient to insure the subsistence of the Norwegian population. The continued undernourishment over a period of years entailed the most furious consequences: disease increased, mortality likewise increased, and the future of the population is compromised by the fact of the physical deficiencies undergone by its younger elements. Norway. I shall now deal with the aspect of the subject that relates to the Netherlands.
Economic pillage of the Netherlands: In invading against all the principles of rights of people of the country of the Netherlands, the Germans set themselves up in a country abundantly provided with the most varied wealth in one of the countries in which the inhabitants were the best nourished of Europe, and which, in regard to the number of its population, was one of the richest in the world. The gold reserve of Holland was superior to the amount of bills in circulation. Four years later, when the Allies liberated this country, they found the population afflicted by a veritable famine, and aside from the destructions which was the consequence of the military operations, a country almost entirely ruined by the spoliations of the occupants.