document. It is established amply by the witnesses and testimony which we have submitted. The witness Boix said that no one could come out of this camp alive. There was only one possible exit and that was by the chimney of the smokestack of the crematorium. text, relates that the only explanation which the SS made was that no captive should ever come out of this camp alive. of the German text, the SS said that there was only one way of coming out of the camp, and that was through the chimney of the smokestack. title "Gassing and Cremation":
"This camp had for its essential purpose the extermination of the greatest possible number of men. It had the name of a destruction camp. This destruction, this extermination of the internees, assumed two different forms. One was progressive; the other was brutal." 28, 29, and 30, we find the account of a parliamentary delegation from the British Parliament in the month of April 1945, from which we read the third paragraph on page 29:
"Although the work of clearing out the camp was continued for more than a week before our visit, we immediately felt, and we continued to feel, an impression of horrible uncleanliness within the camp." paragraph:
"However, we would like to conclude stating that according to our opinion which has been well weighed and is unanimous, founded on valid proofs, a policy of continuous starvation and inhuman brutality was carried out at Buchenwald for a long time, and that such camps caused humanity to reach the lowest degree of degredation that it ever was able to attain." on pages 31, 32, and 33 of the same document book. We read the second paragraph of the French extract, page 32 in your document book:
"The purpose of this camp was extermination."
In the first paragraph on the top of the page:
"The means of extermination were blows, torture, over-population of the dormitories, illness."
THE PRESIDENT: Will you go a little bit slower over these numbers.
You said, first of all, 31, and then 32. It came to us as 32. It is quite impossible to follow you unless we know the right page.
You have read 31 now, haven't you? Have you read 31?
M. DUBOST: I said to the Tribunal that the document which we now submit and read is Document L-159 which is the second document book, including pages 31, 32 and 33, and I read from page 31, "Atrocities and other conditions in the concentration camps in Germany. Report of a committee made up of General Eisenhower under the Chief of Staff, General George Marshall, to the Congress of the United States, treating atrocities and other conditions in concentration camps in Germany."
THE PRESIDENT: I asked you whether you had read the part you wished to read on page 31.
M. DUBOST: Yes, Mr. President, I read the title, and then, from page 32.
THE PRESIDENT: Where are you going to read on page 32?
M. DUBOST: Second paragraph.
THE PRESIDENT: On page 32?
M. DUBOST: Page 32, second paragraph.
"The purpose of this camp was extermination, and the means of extermination"
THE PRESIDENT: (Interposing): M. Dubost, that is page 31.
M. DUBOST: I beg your pardon. I have a sheet which is not numbered in that way. I request the Tribunal to excuse me. I had a text in front of me which was paginated in another fashion, another way.
We finish then, page 31, the first paragraph:
"The purpose of this camp was extermination, and the means of extermination were blows, torture, overcrowding in the dormitories, and illness. The result of these measures was heightened by the fact that prisoners were obliged to work in an armament factory adjoining, which manufactured guns, small firearms, and so on." are numerous and multiple. We are going to submit documents which have just been handed to us, which we have not communicated to the defense, and which constitute printed extracts from Auschwitz concerning the number of blows which could be administered to the internees or prisoners.
These documents will be handed over to the defense for their criticism. They have just been given to us. I am not able to authenticate their origin. They were presented to us under the character of having certain authenticity. We think they are authentic. Photostats of the documents were given to the defense attorneys.
THE PRESIDENT: The Tribunal thinks that they can't admit these documents at present. It may be that after you have more time to examine the matter you may be able to offer some evidence which authenticates the documents, but we can't admit the documents simply upon your statement that you believe them to be genuine.
M. DUBOST: Moreover, everything they found in the camps prepared progressive extermination of the people who were interned there. All were under a hard regime. It was a very cold climate. Some were in subterranean caves. Their living conditions have been brought out by the witnesses which we have brought before the Tribunal. hours bare while they were being registered and waiting to be tattooed. Everything tended to cause the rapid death of those who were to be interned in these camps. A good number of those internees were subject to a regime which was even more serious. The description was given to the Tribunal by the American prosecution when they submitted Document US R-243 dealing with the regime of the Nacht und Nebel, the NN. We don't think it is necessary to go back over the description of this regime. We shall submit only a new document which shows with what rigor the regime of the NN was applied to our compatriots. This document is the second of the first document book. It is included under the number 278-B. It comes from the Armistice Commission, the German Armistice Commission of Wiesbaden and shows that upon repeated protests of the French population and even of the government of Vichy against the conditions which surrounded the internees of the NN camps, no measure was ever undertaken against these camps.
not made:
"This fact was provided for and anticipated by the Fuehrer. The opinion was that intimidation of the population would not be obtained by the sentence of death, but only by measures which would leave the population uncertain as to their fate." hygienic conditions of the internees in the block. Four witnesses who all came from different camps have pointed out to us that the hygienic conditions were similiar. The blocks were as overcrowded in all these camps. We know that everywhere the water was provided in insufficient quantities. Everywhere, deportees slept two or three in beds of 60 to 70 motors wide. We know that everywhere the linen was never renewed or was in very bad condition. We know likewise the conditions in which were carried out the services of the camp. Several witnesses; physicians, have testified to this fact before your Tribunal, page 119, page 98 of the second document book. We read the last line of page 100 of your document books:
"Because of lack of water the prisoners were obliged to satisfy their thirst by seeking water which was found in the water closets."
"The surigical service was insured by a German who was a surgeon from Berlin. This was a prisoner, a common criminal, who killed his patient on each operation."
Two paragraphs lower:
"The management of the block was carried out by two Germans, a man without scruples who carried out the surgical operations on the spot, with a certain Asch who was a mason by trade." doctors and physicians, eared for patients in these infirmaries in the camps, it seems superfluous to multiply the evidence in our documents.
that they could ever recover, selections were made which separated or screened out those who could not be utilized, with the purpose of exterminating them through gassing, as related by our first witness, Madame Vaillant Coutourier, or by intra-cardiac injections, as related by two other French witnesses, Dr. Dupontand Balachowsky. it carried out general orders, proof of which we find in document R-91, in the first document book. The Tribunal will find the testimony written by Blaha, testimony received here the 9th of January, and which recalls the 15th document of the first document book, the testimony of Blaha, that 3000-
THE PRESIDENT (interposing): Is it 3249-PS?
M. DUBOST: That is the document, Mr. President; yes, the document which you have under your eyes, the 6th page.
THE PRESIDENT: You have already given this as evidence, haven't you?
M. DUBOST: I am not going to read it. I merely wish to recall this for the record because it enters into the body of proofs which I wish to submit.
THE PRESIDENT: We don't want affidavits by witnesses who have already given evidence. This affidavit, PS-3249, has not been put in, has it?
M. DUBOST: No, I am merely recalling the testimony which was given at the session, at the public hearing. We shall not submit this document, Mr. President. We are just utilizing this document to remind the Tribunal that Blaha pointed out the wretched conditions existing in the infirmaries, the miserable hygienic conditions in the infirmaries. this exhausting labor, for all the deportees were forced to carry out the hardest labor. We know that they worked in these work commandos and in the workshops.
We know, according to the witnesses, utilized.
This work was carried out, according to testimony, in testimony.
Is it necessary to read to the Tribunal from this which has been translated into German and into English?
THE PRESIDENT: I don't think you need read it. Give us the
M. DUBOST: I thank you, Mr. President.
were forced to do. There was no quarantine for them even in periods Coutourier.
It is the twelfth document of your first document book, "Received about half a litre of herb tea; this when we were awakened.
The supervisor, who was at the door where we were to wash, gave us blows with a cudgel.
Shortly afterwards there was an epidemic of typhus."
In the fifth paragraph:
"We were provided with wooden shoes which in a few days caused us wounds.
These wounds brought about infections which brought death to many."
THE PRESIDENT (interposing): One moment: the Tribunal will (Whereupon a recess was taken from 11.
25 hours to 12.
15 hours.)
THE PRESIDENT: Mr. Dubost, the Tribunal has been considering evidence.
They think, thereofore, that it is not in the interests drawn our attention; and, if there are such points, we should like
M. DUBOST: I thank the Tribunal for this statement. I do not few moments.
With the authorization of the Tribunal, we shall pass
THE PRESIDENT: Mr. Dubost, possibly you could, during the
M. DUBOST: The 1 o'clock recess?
THE PRESIDENT: Yes, that is what I meant.
M. DUBOST: We shall, therefore, provisionally consider as establish, the proof that Germany in its internment camps, in its concentrations can pursued a policy tending to annihilate its enemies -- to exterminate them -at the same time as it created asystem of terror that it exploited to facilitate the realization of its political aims. appears when one studies the war crimes committed by Germany on the persons of war prisoners. These crimes we shall present to you answer two motives: To debase as much as possible the captives; to relax their energy; to demoralize them; and to bring them to doubt the merit of the cause for which they had fought; and to despair of the future of their country. The second motive was to bring about the disappearance of those among them who, by their antecedents or by the signs which they had given since their capture, showed themselves as inadaptable to the new order the Nazis intended to set up. debasing the men who were soldiers and who had surrendered, trusting the military honor of the army to which they surrendered. conditions. The men, badly fed, were obliged to make long trips on foot, exposed to all kinds of punishments, and struck down when they were tired and ceased to follow the column. No shelter was provided for the halting places, and no feeding. The evidence for this is given in the report on the evacuation of the column that left Seygand on the 8th of February, 1945, at 12:30 p.m., a document which the Tribunal will find in the annex to the document book on the prisoners. This document has already been submitted by my colleague. Mr. Herzog, under No. 46.
THE PRESIDENT: Where shall we find it?
M. DUBOST: I shall read the second annex, last line.
THE PRESIDENT: I haven't got the document, I am afraid, Mr. Dubost, if you could tell us which book it is in.
M. DUBOST: It is in the document book submitted by Mr. Herzog. The order was given to the French Secretariat to hand these documents to you.
I am surprised that this has not yet been done. Will the Tribunal excuse me? I shall not be able to use this document now. The document was communicated and handed over at the time of the declaration and statement of Mr. Herzog. The Tribunal will find it in Mr. Herzog's document book. It is the report on the evacuation of the column that went from Seygand the 8th of February, 1945. We have not other copies.
THE PRESIDENT: Can you identify the book of documents in which it is, so that we can find it thereafter, and then pass on to the next document?
M. DUBOST: It is the document book which was handed to the Tribunal by my colleague, Mr. Kerzog, when he gave his presentation on the question of labor.
THE PRESIDENT: And how is it marked?
M. DUBOST: It is No. U. K. 78, submitted under No. 46. A column of 1, 570 British soldiers, including soldiers of all categories, started on this date toward Spremberg.
THE PRESIDENT: Possibly this is the first document in your document book which has been handed up to us.
M. DUBOST: Right, Mr. President. I shall not read you now the document on the evacuation of the Seygand camp, since the Tribunal doesn't have the copy before it. I pass to document U.K.
THE PRESIDENT: I am just telling you that I rather think this may be the document, if it begins with "1,357 English prisoners of war." Does it begin in that way?
M. DUBOST: The document. Mr President, which you have before you has to do with the transfer of the British prisoners. The one which I wanted to read to you had to do with the transfer of French prisoners. I think that it is not necessary that I lengthen this discussion by lowing theTribunal that the British and the French prisoners proceeded in the same fashion. I shall, therefore, read the British document, which is the first in your book of documents;
"1,357 war prisoners of all ranks left on foot on the 28th of January, 1945 Stalag Luft 3 in three columns, and walked in stages of about 17 to 31 kilometer per day to Sprembert, whence they were sent to Luckenwalde.
non-existent. During the transport three prisoners at least collapsed and had to remain at Muskau" -- on the bottom of the page, three lines before the end, T-31 -- "They covered a distance of thirty-one kilometers to Muskau. Three men fell at this point, Lieutenants Kelly and Wise, and Warrant Officer Burton -- they had to be left at the hospital in Muskau." Page 2, at the end of the document: "In the course of the march" -- the last paragraph -- "aside from the Red Cross package which had been already mentioned, the only rations distributed to the men were half a piece of bread and a ration of barley soup. The supply of water is described as left to chance. There were fifteen who disappeared. The treatment of the FrancoBelgian column was even more rigorous. The camps were organized in a manner which was contrary to all the rules of hygiene. The prisoners were piled up in a very narrow space. They had no heat or water. They were put thirty or more men in a room.
The deposition of Mr. Boudoux is to be found in the report of the deported prisoners which has been submitted to you likewise in the course of the statement of Mr. Herzog. I suppose that the Tribunal has kept its documents of last Thursday -
THE PRESIDENT: We have kept these documents, but if we had them on the Bench before us you would not be able to see us.
M. DUBOST: Such observations can be found in the Red Cross report. with prisoner-of-war camps, has recognized in the course of its interrogatorie that the feeding of the war prisoners was entirely insufficient. The Tribunal will find on page 3 of the Document Book, which is before it, an extract from the interrogatory of Berger. The original is submitted under No.355.
"I visited -- second paragraph -- "a camp south of Berlin the name of which I forget. I shall perhaps later -- and at this minute I recognized that the food situation was very insufficient and there began a very violent, bitter discussion between Hitler and myself. Hitler was violently opposed to the continuation of distribution of packages of the Red Cross in the prisoner-of-war camps at the same rate as before.
As for me, I thought that in this case there would be long and great troubles -- difficulties -- of health for the people involved, which would result.
We present Document 826-PS, under No.356. This document comes from the Fuehrer's general headquarters. Meeting of -- this is on page 7 of your Document Book. This is a report on the trip to Norway and Denmark. Paragraph 3.
"All the war prisoners received in Norway a quantity of food which enabled them just to live without working. However, the cutting down of work requires such an effect on the war prisoners. If the food remains the same it must be expected that there will be a very rapid diminution of productivity." This note applies to the situation of the 82,000 prisoners of war who are captive in Norway, 30,000 of whom were employed at very hard labor of construction, and this can be found in the first paragraph of the document. Just read, on page 7:
We present now to the Tribunal a document, No.820-PS, page 9 in the document book. It has to do with the establishment of prisoner-of-war camps in the regions exposed to aerial bombardment. It emanates from the general headquarters. It is dated 16.8.1943. It is addressed by the Commander-inChief of the air army to the Supreme Commander of the Wehrmacht. We submit it under No.358, and we shall read to the Tribunal paragraph 3:
"The Colonel, Air General Staff, proposes to set up prisoner camps in the residential quarters of the city, in order thus to obtain certain protection."
I skip a paragraph. This is two paragraphs.
"In view of the above, there is a question of setting up immediately such camps in towns where there are dangers of air attacks. The discussions with the City of Frankfurt have shown these towns will activate the construction of the camp by all means at their disposal."
The last paragraph:
"Now, there are in Germany about 8,000 war prisoners who are British and American aviators, without counting those hospitalized. In evacuating the camps actually in existence which might serve as lodging for those who have been made homeless, one would have war prisoners that are disposable for a sufficiently great number of camps."
War Prisoners.
Page 10. The Tribunal will find a document emanating from the headquarters of the Fuehrer, dated 3 - 9 - 1943, still in connection with the establishment of these new prisoner-of-war camps for British and American, aviators. We submit this document under No. 359.
"First, the Supreme Commander of the Luftwaffe projects the creation of other camps for imprisoned aviators, for the number of the latter is more than 1,000 per month, and if the pace actually provided is becoming insufficient the Supreme Commander of the Luftwaffe proposes the establishment of these camps within residential quarters of the cities, which will constitute at the same time a protection for the populations of the towns, and to transfer the camps actually existing -- including about 8,000 British and American aviators who are war prisoners into larger towns threatened by enemy aircraft.
"Second the Supreme Commander of the Wehrmacht, Chief of War Prisoners has approved in principle this project." can be found a document F-551, which we shall submit under No. 360. This has to do with war prisoners, under Article 60 and following of the Geneva Convention, and the provision that the protecting power shall be advised of judicial prosecutions that are made against the war prisoners, giving the right to be represented at the trial." In spite of the -
THE PRESIDENT: Where are you? We are on page 12 but we have lost the place.
M. DUBOST: Page 12 of the Document Book, page 12 of the Document Book,
THE PRESIDENT: But whereabouts on 12?
M. DUBOST: In the middle of page 12. I am now commenting on this order. I have explained to the Tribunal that Article 60 and following of the Geneva Convention provide that the protecting power shall be advised of judicial prosecutions against war prisoners. The document which went under No. 360 shows that these provisions were violated.
We read -first line:
"The practical application of Article 60 and 66, particularly subparagraph 2 of Article 66 of the Convention of 1919, concerning the treatment of war prisoners encounters serious difficulties. For the application of a severe penal jurisdiction it is intolerable that precisely for the greatest offenses -- as for instance, the effective attack against the guard corps -- the death sentence cannot be executed except three months after its notification to the protecting power. The discipline of war prisoners necessarily suffers from this."
I pass over the rest of the paragraph. Page 13:
"The following arrangement is proposed: The French German will designate as -
THE INTERPRETER: I am sorry; I can't follow
M. DUBOST: This is page 12, not page 13. "In the case of death sentence a proper lapse of time shall be given to this effect."
On top of page 13. "It is understood that Germany is to reserve to itself in this regard the right, even if this is not explicitly stipulated, to execute the sentence immediately in periods of crises." Third paragraph: "There is no question of authorizing France, which might perhaps refer to Article 62, paragraph 3 of the Geneva Convention, to send a representative to the chief sessions of the German Military Tribunals." of the Geneva Convention in the report of the Netherlands Government, which the Tribunal will find on page 14 of its Document Book.
THE PRESIDENT: I think we better break off now.
(Whereupon at 1250 hours the hearing of the Tribunal adjourned to reconvene at 1400 hours.)
Tribunal, in the matter of: The United States of
MARSHAL OF THE COURT: May it please the Court, I desire to announce that the Defendants Kaltenbrunner and Seyss-Inquart will beabsent from this afternoon's session due to illness.
THE RESIDENT: I have an announcement to make. the absence of his counsel, the Tribunal directed that the presentation of the individual case against Hess be postponed, so that counsel could be present when it was presented. So far as the cross-examination of witnesses who testified to matters effecting the general case and not against Hess specifically is concerned, it is the view of the Tribunal that the cressexamination conducted by counsel representing the defendants equally interested with Hess in this feature of the case was sufficient to protect his interests, and the witnesses will therefore not be recalled. of January, 1946, to the effect that he is dissatisfied with the services of counsel who has been appearing for him and does not wish to be represented by him further, but wishes to represent himself. Article 16 of the Charter, to be represented by Counsel, the Defendant Hess ought not to be allowed at this stage of the trial to dispense with the services of counsel and defend himself. The matter is of importance to the Tribunal, as well as to the Defendant, and the Tribunal is of the opinion that it is not in the interests of the Defendant that he should be unrepresented by counsel.
The Tribunal has therefore appointed Dr. Stahmer to represent the Defendant Hess, in place of Dr. Rohrscheidt.
Yes, M. Dubost.
M. DUBOST: I beg the Tribunal to excuse me; I was completing the work which they had requested me to do in relation to concentration camps. I shall present to the Tribunal in a few moments, when I have completed the exposition of the question of war prisoners, the end of the French presentation relative to concentration camps, which consists of very few matters since we only have a few documents to cite, since, subject to proof which the defense may bring, the constant repetition of the same methods seems to me to be sufficiently established.
was already presented to the Tribunal under the number 324., and which establishes that a protest was formulated to the execution, or to the secret condemnation to death of three officers: Lieutenant Ten Bosch, Braat and Thibo. official report of the French Government concerning prisoners, is now in the hands of the Tribunal. This document was submitted by M. Herzog under the number 46,
THE PRESIDENT: Presented by whom?
M. DUBOST: M. Herzog.
THE PRESIDENT: Oh yes.
M. DUBOST: I ask the Tribunal to excuse me, so that I do not have to again present this document. They strove to keep the greatest possible number of war prisoners in order to be able to eventually exercise efficacious measures over the countries from which these prisoners cane. This policy was exercised by the legitimate capture of prisoners, and also by the refusal, which was systematically upheld, to repatriate the prisoners in the event that they were ill, a thing which would have been justifiable. cite the example of French prisoners. refer, indicates, on page 4, that in 1940 certain French military formations laid down their arms, at the time of the armistice, under the assurance which was given by the German Army that troops who had thus surrendered would not be put in captivity. These troops were, nevertheless, captured. The Alpine Army was about to be demobilized, and was west of the region of Vienna. They were made prisoners and were sent to Germany until the end of the month of July, 1940.
captured, and imprisoned after Hitler's orders which said that all French were to be seized who were of an age to bear arms and should be imprisoned. In short, it is only because of the private initiative of the High Command that all Frenchmen were not transferred to Germany. the German Army had in taking all those men to Germany, the German Army decided, in 1940, to create what they called front Stalags. The promise was made to the de facto French Government, which was established after the armistice, that soldiers who were kept in those front Stalags would be kept in France, Now, the forces in these camps were begun to be sent to Germany beginning with the month of October 1940.
In an additional report appended to the Document Book which you have, the Ministry of Prisoners and Deportees points out the irregular capture of the troops of the fortified sector of Haguenau -- Document 668-F, not numbered; it is an appendix to the Document Book. The fortified sector of Haguenau included, among others, the 22nd Regiment of Infantry of the forces; the 81st Battalion of Chasseur; the 51st and 58th Division of the North Africal Infantry. I cite again the document which I have just announced, 668-F. these troops fought until the 25th of June, 1:30, and only stopped firing after an agreement between the Colonel in charge of the fortified sector of Haguenau and the German Generals, an agreement insuring to the troops war honors, and notably that they would not be made prisoners. The 51st and 58th Infantry Divisions, as well as the North African Division, withdrew towards Toul only after an agreement, signed on the 22nd of June, between the French General Dubuisson and the German General Andreas, at Theville and Groseilles, an agreement assuring military honor and assuring that troops would not be imprisoned.
THE PRESIDENT: What official document does this document come from?
M. DUBOST: From the Ministry of Prisoners and Deportees. It is an additional report which was made by this Ministry.
THE PRESIDENT: Have you got any number for that report?
M. DUBOST: The French number is 668-F. A copy of the document is included in the brief which is appended to the Document Book, which was submitted to the Tribunal this morning, concerning prisoners of war. We submitted it under the number 361.
THE PRESIDENT: Have you got the report on the captivity?
M. DUBOST: This report will be submitted to you, Mr. President?
THE PRESIDENT: It appears to be Additif No. 2 to the report on the captivity, for the attention of the French Delegation to the Court of Justice at Nurnberg.
M. DUBOST: That is correct, sir. The information which I have just read to the Tribunal are extracts from a note of Darlan to Ambassador Scapini on the 20th of April, 1941.
THE PRESIDENT: But M. Dubost, is there anything to show that it is an official document, such as this book [indicating]?
M. DUBOST: This document, Mr. President, has no relation to the book which you have.
THE PRESIDENT: No, I know it hasn't, but this is an official document produced by the Republic of France, is it not?
M. DUBOST: That is right, sir.
THE PRESIDENT: How do you show that this addition to the report on captivity is equally an official document with this one? That is what we want to know.
M. DUBOST: Mr. President, it is a report which was submitted in the name of the French Government by the delegation when I represent.
THE PRESIDENT: Well, you see, this one here (indicating) is headed "Service of Information of War Crimes, Official French Edition". Now, that seems to us to be different from this mere typewritten copy, which has on it the "Appendix Number 2 to the Report on the Captivity." We do not know whose report on the captivity.
M. DUBOST: Mr. President, you have before your eyes the official note of transmission from our government.
THE PRESIDENT: In this document? (indicating)
M. DUBOST: From this distance I think that is it.
THE PRESIDENT: We have this document, which appears to be an official document but this addition has no such seal upon it as this has.
M. DUBOST: There is a mention of an appendix in this document. The document speaks of an appendix.
THE PRESIDENT: Is there mentioned in this document anything as to an appendix? The other document calls it an "Appendix" but it ought to be formally identified by a seal.