[Moving pictures were then shown.]
M. FUSTER: It is taken from the film “Hidden Forces.” Here is the map of the world [indicating] with the zones of influence: the Soviet zone of influence, the British zone of influence, the American zone of influence. It is May 1939.
THE PRESIDENT: Is it necessary to have the accompaniment of music?
M. FUSTER: I am sorry, but it is impossible to cut out the sound from this film.
THE PRESIDENT: It cannot be helped? Very well.
M. FUSTER: The rapidity of the film made it necessary for us first to give a few details of the pictures which passed before the Tribunal. I think, however, that the Tribunal could appreciate them.
Now, we are going to show a few photographs of posters. These will be easier to deal with than the film, which cannot be slowed down. We are going to show them one by one, commenting on each as may be necessary.
I should like to point out to the Tribunal that the film which it has just seen is submitted as Document Number RF-1152 and also under Document Number RF-1152 (bis).
The scenarios of other propaganda films, entitled “M. Girouette” (M. Weathercock), “French Workmen in Germany” and taken from the dossier of the proceedings taken against M. Musard before the Seine Court of Justice, will also illustrate the tendency and the subject matter of the German propaganda carried on by this means.
The photographs of posters which we are going to show now are submitted as Document Number RF-1153. Before showing these films, we must say something about the way in which poster propaganda was organized. It was organized with extreme care. In this connection we submit a pamphlet which contains full instructions for mounting and shows that a real administrative service existed to carry out projects which had been under consideration for a long time. This is Document Number RF-1150. We shall not read it, since it is a publication, but we will summarize the most important contents. The Tribunal will see that the most exact provision has been made for every detail, the sites for the billboards and so forth. All these posters were issued by the central bureau in Berlin, D.P.A. In their original form, they consisted only of pictures. The text was added later in the country for which they were intended. The text had to be printed in the language of this country and adapted to suit local conditions.
The Germans very often refrained from indicating their official German origin or even attributed a different origin to them. For instance, they used the phrase “Printed in France,” which has no particular meaning since it never appears on genuine French posters. The French posters bear only the printer’s name; and this, in its turn, never appears on German posters. By the use of the phrase “Printed in France,” however, the Germans could undoubtedly make the French believe that the propaganda put before them was not directly of enemy origin. This is a feature at once curious and revealing.
As we have said, publicity has been practiced for a long time, but Nazi Germany made propaganda into a public institution and applied it internationally in a most reprehensible manner.
We are now going to show to the Tribunal a few of the stages in the development of this poster propaganda.
[Pictures were then projected on the screen.]
M. FUSTER: Here is the first poster [indicating]. I am obliged to describe it because we see it rather badly. The text seems to indicate the noble attitude of the victor towards the French victims of war. It is expressed as follows: “Abandoned populations: Have confidence in the German soldier,” and we see a German soldier with little French children in his arms.
At the same time that the Germans tried to gain the confidence of the French population a second poster, which we are going to show you, was posted in Germany regarding French prisoners of war. This is what they said to the Germans. I read the text of the poster:
“Companions: Retain your national dignity. Attitude toward prisoners—the attention of every member of the Party is drawn to the following points: It is unworthy to show the slightest sign of friendship to a prisoner. It is strictly forbidden to give food or drink to prisoners of war. Your fathers, sons, and brothers are fighting with all their strength against an enemy whose purpose is the annihilation of the German people. We have no reason to show the slightest friendship to such an enemy, even when he comes to us as a prisoner. The enemy remains the enemy.”
We are now going to show a series of photographs of posters which were intended to show the French who their real enemies were; but first I should like to ask the Tribunal whether they can see the posters sufficiently well, considering the bad light.
THE PRESIDENT: We can see clearly enough, I think.
M. FUSTER: I thank you. We shall continue. This first photograph of the series, intended to show the populations who their real enemies were, is entitled, “Fake always comes out of the same spot.” The enemy aimed at is England. The caricature shows by means of birds with human heads that the voice of the Free French is only a big story, symbolized by Masonic signs or emblems of the Jewish religion. The placards attached to these birds and which appear to defy these slogans of British propaganda are rather entertaining to read now: “The Germans Take All” and “We Have the Mastery of the Seas”—it refers to the Allies.
Another photo—we are still dealing with anti-British propaganda. It is a favorite theme of German propaganda. This photo is entitled, “Thanks to the English, our Road to Calvary.” It tries to prove to the French by recalling certain historical events, that the English have always been the cause of French sufferings: Joan of Arc, Napoleon, the war of 1939-40 are the principal themes exploited by means of the poster.
This one now represents the English hydra which is encircling Africa; but it is mercilessly beheaded in Germany, in Norway, and rather oddly, in Syria. The text of this poster reads, “The hydra is still being systematically decapitated.”
Poster Number 6 has the following text, which is almost invisible here:
“The ally of yesterday, great promises before the war: No help during the war. Retreat and flight of the English Expeditionary Force. Bombardment of French cities and blockade after the debacle. Let us be done with it!”
Poster Number 2, which is also anti-British, is constructed on the same model. There are three parts, “Yesterday, Today, Tomorrow.”
The Germans developed not only the theme of Anglo-Saxon greed which they represented by a hydra or a bulldog, but also the theme of the prestige of the occupied countries at sea. On this point we show photographs of French and Norwegian posters.
This poster is entitled, “You won’t catch anything with that De Gaulle, Gentlemen!” British corpulence and Jewish capitalism bulge out from a fishing boat stopped by the coastal guns of Dakar.
The style of the wording and the sailor’s gesture are purely German. A Frenchman would have said, “With that Gaulle (fishing rod),” and the allusion would have been clear enough.
Poster Number 9 invites enrollment in the German Navy, “The Time Has Come to Free the Seas.”
Here is a Norwegian poster: “Defend Norway. Enlist in the German Navy.” The inscription might apply, firstly, to all the services of the German uniformed police; secondly, to all the commands of the German Wehrmacht; thirdly, to German harbor masters and port control officers; fourthly, to the commander of the SS Reserve Corps of Norway in Oslo, et cetera. Another Norwegian poster, with the following title, “All for Norway. . . . Help from England.” This poster tries to prove to the civilian population that ruin, fire, and devastation are the only benefits of the English alliance.
The second enemy, America, is the subject of the posters we are going to show now.
Poster Number 11—“The American Press: 97 percent in the hands of the Jews.” That allows the Germans to kill two birds with one stone: The Jews and America.
Poster Number 12—in the middle of this poster is the inscription, “They Wanted War,” and the persons concerned are represented by six photographs. These persons, who were responsible for the war, are not any of the men whom you see in the dock, but six Americans: magistrates, officials, men in the public eye. Their names were not familiar to the French public, who had rarely seen them on the screen, except for Mr. La Guardia. Those who read articles on economics knew of Mr. Morgenthau; but it was difficult to persuade the French that Messrs. Baruch, Frankfurter, Wise, and Lehman were the instigators of the present war, and Hitler and Göring the victims. As I have said, however, Nazi propaganda did not shrink from any improbability.
The photo Number 13 is more picturesque. It shows both sides of a dollar bill and consists of two lines separated by a Masonic star with the inscription, “A dollar has no value unless signed by Morgenthau.” Here are the texts of the inscriptions showing the imagination of the Nazi authors in this matter. On the left-hand side we read:
“The Minister of the Treasury is Jew Morgenthau Jr., related to the great racketeers of international finance. All the Jewish attributes are found on this dollar: the Eagle of Israel, the triangle, the Eye of Jehovah, the 13 letters of the motto, the 13 stars of the aureole, the 13 arrows, the 13 olive branches, the 13 steps of the unfinished pyramid. This money is Jewish indeed.”
And on the right-hand side:
“This dollar paid for the Jewish war, the sole message which the Anglo-Americans can address to us. Will it be enough to repay us for the misfortunes arising from that Jewish war? The money does not stink but the Jew does.”
Number 14—“Mr. Churchill and Mr. Roosevelt are dividing Africa.”
Number 15—this is anti-Semitic propaganda properly speaking. We have already seen it mingled with anti-British and anti-American propaganda. This photograph shows children of a French technical school who were taken to an anti-Jewish exhibition and given anti-Jewish pamphlets to read.
Number 16—“Behold the Jewish invasion.” France is gnawed by a symbolical hydra and figures are scrawled across her. “In 1914, 200,000 Jews; in 1939, 800,000 Jews, without mentioning the half-Jews.”
Number 17—“For the Jews the right to live; for us the right to croak. Beneath the recriminations of all-enveloping Jewry, the crosses of the daily growing number of war victims are lined up.” This propaganda aims on the one hand at collecting the Jews into a compact mass and isolating them, and on the other hand, at arousing the hatred of the remainder of the population against them. It aims at dividing France.
Number 18—finally, we see the terrible Russian foe. A tortured human beast is hauling a barrow-load of stones while a monster in uniform lashes him with a knout or nagaïka and threatens him with a revolver. This picture was first intended for inclusion in a composite picture entitled “The Workers’ Paradise.” This gives it additional interest; but owing to the lack of time, the poster was put out just as it was. We submit the plans for the entire project as Document Number RF-1151.
Number 19—this is a lovely Norwegian poster: “No” in the form of a flash of lightning strikes against the Russian hand which attempts to tear the national flag.
Number 20—“Never!” A romantic picture reminiscent of certain Russian pictures of the last century. Death escorts a train of deportees. The Nazis showed something which they knew well!
Number 21—a final picture concerning Russia, “What Bolshevism would bring to Europe.” Scenes of mutilation, infanticide, rape, hangings, murder—exactly what the Nazi movement brought to Europe! However, this Europe must realize her good fortune in being led by the Führer, must realize her strength and her unity, in order to fight victoriously against the barbarous enemy.
And here is a photograph of a poster, “A Leader and His People.” Hitler is depicted as endowed with every charm: sweetness, simplicity, understanding, while the text, unreadable on the reproduction, recalls that he, Hitler, is the unknown soldier of the first war. We call the Tribunal’s attention to the photo.
THE PRESIDENT: Could you let the Tribunal know how much longer you are likely to be?
M. FUSTER: About 10 minutes, Mr. President.
THE PRESIDENT: You may continue.
M. FUSTER: In the photograph to the left, Hitler is shaking a little girl’s hand and we read underneath, “The Little Congratulator.” This term, which is not French, betrays the origin of the document.
Here is a poster—Number 23—which was widely circulated in France: “I work in Germany for my family and for France. Do as I do.”
Number 24—“1918 to 1943—History Speaks. 1918—The Debacle. 1943—The Great Unity.” This poster is the counterpart of the inscriptions which patriots used to write on the walls in France. The German defeat was rapidly approaching; and they could hope that the end of the year 1943, like the end of the year 1918, would bring the final victory. The Nazis were unable to make any reply to these crushing communiques except by issuing denials and posters like this, affirming the great unity of Europe.
Number 25—here is a poster which combines the productive and fighting forces, “The best workers make the best weapons for the best soldiers.”
Number 26—finally propaganda attains the level of the conflict of political doctrines, “Socialism against Bolshevism or a free Europe.”
Number 27—religious doctrine. This is a Norwegian poster which makes fun of the Anglo-Russian alliance. It is entitled, “A Blessed Meeting.” An Anglican bishop, armed with a phosphorous bomb, presents a cross symbolizing Finland to Pope Stalin. Stalin accepts it with eyes lifted to heaven and a machine gun in his arms. A placard says, “Christianity is introduced into the country of the Soviets,” and the motto says, “My dear brother, we wish to strengthen your faith with these beautiful crosses.”
Number 28—“Anti-Christ: Communism, the scourge of civilization. Bolshevism against Europe. International Exhibition, 12 July to 15 August 1941.” The Nazis pose as the defenders of Christianity.
Number 29—and to conclude, this is what the defenders of Christianity did to the Church of Oradour-sur-Glane.
We have now finished showing the films. We have taken the liberty to submit to the Tribunal a few pictures forming concrete illustrations of a tendency whose spiritual character makes it perhaps more difficult of recognition but whose importance is considerable. In treating an emotionally subtle theme of this kind, we have used pictures in preference to words, since pictures can make clear in an instant something which it takes time to put into words. In this way we hope we have contributed towards making plain the truth.
THE PRESIDENT: The Tribunal will adjourn until 10 minutes past 2.
MARSHAL: May it please the Court, I desire to announce that the Defendant Kaltenbrunner will be absent until further notice, on account of illness.
M. FAURE: Mr. President, I shall now take up the last chapter of my brief, which is devoted to the organization of criminal activities. I shall begin this last chapter by quoting a few words spoken by Monseigneur Piguet, Bishop of Clermont-Ferrand, in the course of a pontifical Mass on Whit Sunday, 20 May 1945. Monseigneur Piguet had just been liberated from the concentration camp to which he had been sent by the Nazis. He said:
“The criminal institutions of which we have been witness and victim bear within themselves all the scourges of barbarism and old-time servitude systematized and applied by a new method capable of increasing human misery by the whole range of modern scientific possibilities.”
The evidence that I intend to present to the Tribunal with regard to the occupied countries of the West bears upon this aspect of the systematizing of German criminal enterprises. We have said that Germanization did not consist in the particular fact of the imposition of German nationality or of German law, but in the general imposition of the standards established by the Nazi regime, and in a general way, of its philosophy. This aspect of Germanization implies criminal activity at once as a means and as an end—as a means, because the criminal means is very often highly effective, and we know that Nazism professes indifference in regard to the immorality of the means; as an end, on the other hand, since the final organization of Nazi society postulates the elimination of elements hostile to it or which it regards as undesirable. Under these conditions the criminal activities therefore do not appear as accidents or regrettable incidents of war and of occupation. They must not be ascribed to un-coordinated action on the part of subordinates due to overzealousness or lack of discipline.
As the elimination of adversaries is recommended in principle, it will be carried out in fact by the normal and regular functioning of the administrative apparatus. If Nazism has a philosophy of criminal action, it also has, properly speaking, a bureaucracy of criminal activity.
The will which inspires this action is transmitted from one to another of the chief and secondary centers of the state organism. Each of the misdeeds or series of misdeeds of which we have told you already or shall do so again, assumes the existence of a whole series of transmissions: orders passed by superiors to inferiors, requests for orders or reports passed by inferiors to superiors, and finally the relations maintained between corresponding echelons of different services. This administrative organization of criminal activity appears to us a very important datum for the determination of responsibility and the proving of the charges formulated in the Indictment against the higher leaders and against the group organization.
The responsibility of any one of these superior leaders in regard to a determined criminal activity does not, indeed, require that an exhibit or a document signed by the person himself be produced or that it should involve him by name. The existence or non-existence of such a document is a matter of chance.
The responsibility of the higher leader is directly established by the fact that a criminal activity has been carried out administratively by a service at whose head we find this leader.
This is all the more true in the case of a criminal activity pursued over a long period of time, affecting a considerable number of persons and whose development has given rise to a series of complications, of consultations, and of solutions. There is in every graded state service a continuous circuit of authority which is at the same time a continuous circuit of responsibility. Moreover, concerning charges made against organizations described as criminal organizations, their criminal nature springs from the very fact that their activity produces criminal results without there being any lack of knowledge or modification of the normal rules of competence and of functioning of their different organisms.
The collaboration which develops with a view to such an end between a series of agents belonging to the organization both vertically between the upper and lower grades and horizontally between the different specialist departments implies no less forcibly the existence of a collective criminal intent.
I shall speak first of the persecution of persons qualified as Jews by the German code. The Tribunal already knows from other evidence the Nazi doctrine on the subject of Jews. The historians of the future will perhaps be able to determine how much of this doctrine was the result of sincere fanaticism and how much was the result of premeditated intent to deceive and mislead public opinion.
It is certain that the Nazis found the theories which led them to undertake the extermination of the Jews extremely convenient.
In the first place, anti-Semitism was an ever accessible means of averting public criticism and anger. Moreover, it was a method of psychological seduction that was very cleverly calculated to appeal to simple minds. It made it possible to give a certain amount of satisfaction to the most needy and underprivileged person by convincing him that he was nevertheless of a superior quality and that he could despise and bully a whole category of his fellow men. Finally, the Nazis obtained for themselves by this means the possibility of whipping up the fanaticism of their members by awakening and encouraging in them the criminal instincts which are always latent to a certain extent in the souls of men.
Indeed, it is a German scientist, Feuerbach, who developed the theory that disposition to crime does not necessarily proceed from long preparation. The criminal instinct present may spring to life in an instant. The Nazis gave to the elite of their servants the possibility of giving free rein to any inclination they might possess for murder, looting, the most atrocious actions, and the most hideous spectacles. In this way they fully assured themselves of their obedience and of their zeal.
In order to avoid repetition, I shall not speak in detail of the great sufferings endured by the persons qualified as Jews in France and in the other countries of western Europe. I should like simply to indicate here that it also caused great suffering to all the other inhabitants of these countries to witness the abominable treatment inflicted upon the Jews. Every Frenchman felt a deep affliction at seeing the persecution of other Frenchmen, many of whom had earned the gratitude of the fatherland. There is no one in Paris who did not feel deeply ashamed to learn that the dying Bergson had to be carried to the police commission to satisfy the census requirements.
THE PRESIDENT: M. Faure, you will forgive my interrupting you, but the Tribunal feels that what you are now presenting to us, however interesting—and it is interesting—is really an argument and is not presenting evidence to us. And as we have already heard an opening on behalf of the United States, an opening on behalf of Great Britain, and an opening on behalf of France, we think that you really ought to address yourself, if possible, to the evidence which you are presenting, rather than to an argument.
I feel sure that, with your readiness to meet the wishes of the Tribunal in expressing your presentation, you will perhaps be able to do that.
M. FAURE: I understand perfectly the feeling of the Tribunal. I simply intended to say a few words referring to the feeling shown by Frenchmen in regard to these persecutions. But these words have now been spoken, and I have just arrived at the object of the demonstration which I am to present to the Tribunal with the documents. To show the Tribunal that the spirit of my presentation is in accordance with the requirements of the Tribunal, I should like to indicate that I am not presenting in this brief any document which constitutes an individual story or even a collective story, and no document which comes from victims themselves, or even from impartial persons.
I have tried to select only a certain number of German documents in order to furnish evidence of the execution of a criminal enterprise consisting in the extermination of Jews in France and the western countries.
I should like to observe first of all that the Nazi persecution of the Jews included two sets of actions. This is important from the point of view of the direct responsibility of the defendants. The first category of actions is that resulting from the actual texts of laws and regulations and the second category is that resulting from the way in which these were applied.
As regards the texts of laws and regulations, it is evident that these texts, which were issued by the German authorities—either military authorities or commissioners of the Reich—constituted particularly flagrant violations of the sovereignty of the occupied countries.
I do not think that it is necessary for me to present these laws and regulations in detail, for their main features are common knowledge. In order to avoid reading, I have had two tables drawn up and these are before the Tribunal in the document book, although they are not documents properly speaking. These documents are to be found in an appendix. I should like to explain what the two tables in this appendix show. The first table, in the left-hand column, is arranged in chronological order; the other columns indicate the names of the different countries. The Tribunal will find arranged in chronological order the measures taken against the Jews in different countries.
The second table classifies them according to subject—the concept “Jews,” economic measures, bullying and petty irritations, the yellow star—and you will find in this table appropriate texts, arranged according to subject.
I likewise present in the form of documents under Document Number RF-1200 a certain number of decrees which were issued in France concerning the Jews, and as these decrees are public acts I shall simply ask the Tribunal to take judicial notice of them.
I must now make this observation: These texts, taken as a whole, considerably lowered the status of the Jews. Yet there are no texts in existence of German decrees ordering the mass deportation or murder of Jews. On the other hand, you must remember that this legislation was developed by progressive stages up to 1942, after which a pause ensued. It was during this pause that, as we shall see, genuine administrative measures for the deportation and consequently for the extermination of the Jews were introduced.
This leads us to consider the fact that we are not dealing with two separate actions—the legislative action, to be ascribed to the military authorities, and the executive action, to be ascribed to the police. This point of view, which regards the military authority only as the author of the decrees and, therefore, as bearing a lesser degree of criminal responsibility, would be false. In reality we are looking at the development of a continued action which employs by turns different means. The first means, that is to say, the legislative means, are the necessary preparatory measures for putting into force the other, or directly criminal means.
In order to put into practice their plan of extermination, the Nazis had first of all to single out the Jewish elements in the population and to separate them from the rest of the population of the country. They had to be able to find the Jews easily and to find them with decreased powers of self-defense and lacking in the material, physical, and intellectual resources which would have enabled them easily to avoid persecution.
They had to be able to destroy the whole of this doomed element of the national community at a single blow, and for this reason they had first to put an end to the constant interweaving of interests and activities existing between all the categories of the population. The Germans wished to prepare public opinion as far as possible; and they could succeed in this by accustoming the public to no longer seeing the Jews, as the latter were practically forbidden to leave their houses.
I shall now present to the Tribunal a few documents bearing on this general extermination deliberately undertaken by the Nazis. I shall first present a series of documents, Documents RF-1201, 1202, 1203, 1204, 1205, and 1206. I present these documents with reference to a particular question, the emigration of the Jews who tried to leave the occupied territories.
Inasmuch as the Germans made their desire to get rid of the Jews apparent in every way, it would seem logical for them to look favorably on the solution offered by emigration. On the contrary, as we shall see, they forbade emigration and did so by a permanent measure of general application. This is a proof of their will to exterminate the Jews and a proof of the ferocity of the measures employed. Here, to begin with, is Document Number RF-1201. These documents are submitted to the Tribunal in a series of photostatic copies for each member.
Document Number RF-1201 is a letter of 22 July 1941 emanating from the Bordeaux service and requesting certain instructions from Paris. I wish to read the beginning of this message:
“It has just been established that about one hundred and fifty Jews are still in the territory of the District Command of St. Jean de Luz. At the time of our conversation with the District Commander, Major Henkel, the latter asked that these Jews should leave his district as quickly as possible. At the same time, he pointed out that in his opinion it would be far better to allow these Jews to emigrate rather than to transfer them to other departments or even to concentration camps.”
Here is the reply to this telegram. It is Document Number RF-1202, dated 26 July 1941. The second sentence:
“We do not approve Major Henkel’s point of view as the Reich Security Main Office has stipulated again in a decree the principle that the emigration of Jews residing in the occupied territories of the West, and if possible also of those living in Unoccupied France, is to be prevented.”
Here is an exhibit which I submit as Document Number RF-1203 and which comes from the Military Command in France under date of 4 February 1942. We are no longer dealing with the SS but with the Military Command.
“The Reichsführer SS and Chief of the German Police at the R.M.d.I. has given orders that the emigration of Jews from Germany or the occupied territories has to be prevented, on principle.”
The rest of the letter indicates that exceptions may be made. This document establishes the collaboration between the Army and the police, the Army assuring the execution of the orders given by the Supreme Chief of Police.
I now submit Document Number RF-1205. This document relates to the same subject, but I nevertheless submit it because it shows the intervention of a third German authority, the diplomatic authority. This is a note of the German Consulate General of Casablanca. I read the first sentence:
“The number of European emigrants hitherto leaving Casablanca for the American continent only at long intervals has greatly increased during the last month. On 15 March . . .”
The rest of the letter indicates that these are Jewish emigrants.
Document Number RF-1204, which is joined to this one, constitutes a new report to the same effect from the Consulate General Casablanca, under the date of 8 June 1942. I read the last paragraph of this document:
“The emigrants leaving Casablanca are, for the most part, Jewish families from Germany and Central Europe and also some French Jews. There is no reason to suspect that young people fit for military service have left Casablanca with the avowed intention of entering military service on the side of the enemy. It is left to your discretion to inform the military authorities about this.”
I have quoted this document to show that there was no question of a military emigration which they would have had an interest in preventing, and also to show that this document would normally have concerned firstly the German Embassy, to which it was addressed, and secondly the military services which it suggests should be informed.
Now, what is the sequel to these two communications? The sequel is shown by Document Number RF-1206, of which the two documents just read constitute appendixes. This Document RF-1206 emanates from Berlin, from the Reich Security Main Office, and is addressed to the Chief of Police for France and Belgium.
“Attached are two copies of confidential reports from the German Consulate General in Casablanca to the Ministry of Foreign Affairs for your information.
“You are asked to give your special attention to the state of affairs described and to prevent, as far as possible, an emigration of this kind.”
I therefore draw three conclusions. Firstly, as I have indicated, the Nazis opposed the emigration of the Jews, although they claim that they are undesirable. Secondly, this decision was made at a higher level and with a general application. Thirdly, all the services, the police, the Army, and the Department of Foreign Affairs intervened to ensure the execution of these barbarous orders.
I now present to the Tribunal Document Number RF-1207. This document is a voluminous German report. It is in fact 70 pages in length. It was found in the German archives in Paris. This document is interleaved with a series of graphs, drawings, and models of census cards. It is mimeographed, and the copy which we present does not bear the author’s signature, but simply the indication “SS Obersturmführer.” This is Obersturmführer Dannecker, who played an important role in regulating Jewish questions in France and who was chief of this bureau.
THE PRESIDENT: That fact which you have just stated to us, has that been verified by the French authorities, namely, that it was a captured document in Paris?
M. FAURE: According to the report submitted to the Tribunal, we took possession of these documents at the archives of the Sûreté Nationale. They were among the documents found in the German offices at the time of the liberation. Besides, I point out to the Tribunal that the other documents produced do bear the signatures of the German officials. This report is the only document without a signature. The fact that it was written by Dannecker will be proved by other documents, which constitute a résumé of it.
I shall not read to the Tribunal the 70 pages of this report, but I should like to read certain paragraphs which I think may interest the Tribunal. Here is the first page. To begin with, it is entitled, “The Jewish Question in France and Its Treatment. Paris, 1 July 1941.” First page:
“Final solution of the Jewish question—this is the heading and the goal for the work of those services of the Sipo and SD which are handling the Jewish problem in France. It has always been clear that practical results cannot be achieved without a study of the political situation in general as well as of the situation of the Jews.
“The following pages, next to giving a general draft of our planning, are to explain the results achieved up to now as well as the immediate aims.
“Everything touching the principle must be considered from the following point of view: Since the chief of the Sipo and SD has been charged by the Führer with preparing the solution of the Jewish question in Europe, his offices in France are to carry out the preliminary work in order to be able to serve abroad as the absolutely reliable agents of the European Commissioner for Jewish Affairs, at the appointed time.”
I shall now point out to the Tribunal the chief headings of the paragraphs in order to pursue the development of the idea and of the operations of this German office.
THE PRESIDENT: I was considering, M. Faure, why this document has not got any identifying mark upon it. I mean, of course, we do not doubt for an instant what you say to us is true, but at the same time it is not the correct way to do it—for us to have to rely on counsel’s statement as to the nature of the evidence. And there is nothing on the document itself to show that it was captured in Paris or to show what it is except what it states.
M. FAURE: Mr. President, the joining of this document to the file of the French Prosecution was done by a report made in Paris, which I shall present before the Tribunal, because as this report concerns a certain number of documents, it was not especially joined to the file of this particular document. On the other hand, when I received these documents from the police, I did not wish to write anything on the document or to place it under a seal, for I wished to avoid altering the normal appearance of the document in any way.
I must state that if the Tribunal prefers not to receive this document inasmuch as I do recognize that it does not bear a signature, I shall not submit the document for I have a second report by Dannecker which is signed by him. I submitted both in order to make clear the continuity of the operation.
THE PRESIDENT: M. Faure, in the case of the documents presented by the United States, the captured documents by the United States, as Sir David Maxwell-Fyfe reminded us the other day, there is an affidavit, I think, of Major Coogan, which states that all those documents of a certain series, PS, L, R, and various other series, were all captured in Germany by the United States forces. If there were such an affidavit with reference to documents captured in Paris which might be identified by some letter such as PS or some letter similar to that, the matter would seem to us to be in order. But when a document is presented to us which has no identifying mark upon it at all, we are then in the position which we are in now of simply hearing the statement of counsel, which, of course, is not evidence that the document was found in Paris or found somewhere else; and therefore it occurs to me that one way that it might be dealt with would be an affidavit by somebody who knows the facts that this document and any other documents of a similar sort were captured in the archives of the German forces in Paris or elsewhere.
M. FAURE: I could very easily produce before the Tribunal the affidavit which it requests. I say that if we do not have it in this form it is because our habitual procedure is not exactly the same as that which may be followed in the United States. In fact, as the Charter of the Tribunal indicates that the Prosecution was charged with the collection of evidence, we ourselves have authorized magistrates in our service to look for documents in the archives of the police and if the Tribunal wishes I shall ask the police in addition for attestation of the seizure of these documents in the German archives. I shall then ask the Tribunal to allow me to produce this affidavit in a few days’ time, so that I can ask the police for it.
THE PRESIDENT: M. Faure, the Tribunal think that we might admit the document, subject to your undertaking that you would do that in the course of a day or two.
M. FAURE: I cannot guarantee that I will have this document in a day or two.
THE PRESIDENT: I wasn’t stressing the number of days. If you will undertake to do it that is sufficient.
M. FAURE: Certainly, Mr. President. I shall go on then with the analysis of the Dannecker report. The first chapter is called, “History of the Jews in France.” I shall not read it. It includes a series of ideas on a very elementary intellectual level. The following chapter is entitled, “Organization of the Jews in France.” It includes a first part under the heading, “Before 14 June 1940.” This part does not seem to me interesting. The second part of this chapter is entitled, “Operations of the Sipo and the SD (SS Einsatzkommando Paris) against these Organizations and against Leading Jewish Personages.” The report comes from the SS Hauptsturmführer Hagen. I think I might read the beginning:
“From a study of the records collected in Germany, Austria, Czechoslovakia, and Poland, it was possible to conclude that the center of Judaism in Europe and with it the chief lines of communication to overseas must be sought in France. Realizing this, first of all, the offices of great Jewish organizations already known, such as World Jewish Congress”—then follows an enumeration—“have been searched and sealed.”
Beginning with Page 14, the report attempts to demonstrate the existence of a bond between Judaism and Catholicism. It presents the results of searches made in the homes of various persons: The Rothschild family, the former minister, Mandel, the press attaché at the British Embassy, and other persons, including the lawyers Moro-Giafferi and Torrès. The end of this chapter is as indicated, Page 16, last paragraph:
“To sum up, we can say on the basis of the records which have been collected, that France, where Judaism was linked with Catholicism and with certain important politicians, was its last bulwark on the continent of Europe.”
The following section has the title, “Life of the Jews after the Entry of the Germans.” The text describes the way in which the Germans created a central and unified organization of the Jews and imposed it on them. This is the beginning of the plan which I have just described to the Tribunal, which consisted in singling out the Jewish elements in the population, massing them together, and separating them entirely from the rest of the population. I should like to read the first paragraph, for the analysis of it is very important:
“After the Armistice and the return to normal life it appeared that almost all the Jewish associations had ceased to exist (in the absence of responsible officials and financial supporters who had fled into the unoccupied zone) while there was a growing need for aid. The progressive German anti-Jewish legislation caused a steady aggravation of the Jewish social problems. Generally considered, these circumstances should have provided a favorable ground in France for a Jewish all-round organization.”
In this text there is a very subtle idea. We note that the German legislation, that is to say, the legislation of the Military Command, brought about a great aggravation of social problems; and we conclude that this will facilitate the general organization of the Jews. This reasoning confirms, I think, what I said to the Tribunal a while ago, namely, that we were faced with a whole system of measures, the first of which were intended to facilitate the separation of the Jewish community which was to be exterminated.
Dannecker then explains how a co-ordination committee was created. I skip the details and come to Page 21, Paragraph 2:
“An agreement has been made with the office of the Commander of Greater Paris that, in the future, Jewish organizations may address themselves to the German services only by way of the Committee of Jewish Co-ordination. This resulted in an enforced amalgamation of all minor Jewish organizations.
“Moreover, an agreement has been made with the Paris Office for National Relief (Bureau du Secours National) that, after the expiration of a period of 4 weeks, no Jew can any longer be fed and housed by National Relief. The S.N. will appoint a special representative for controlling the co-ordination committee on this matter. The blocking of Jewish accounts will compel the Jews in the very near future to ask that the co-ordination committee be authorized to receive gifts intended for it from these blocked holdings. The granting of this request will demonstrate the actual existence of an enforced Jewish union.
“As can be seen this question too will be solved in the manner desired, even if it is a ‘cold manner.’ ”
The following chapter bears the title, “Political Activities of the Office for Jewish Affairs of the Sipo and of the SD.” I should like to read some passages from this:
“After the promulgation of the Jewish statute of 3 October 1940 by the French Government, a certain slowing-down occurred in the handling of the Jewish question in France; and for this reason the Office for Jewish Affairs worked out plans for a Central Jewish Bureau. The plan was discussed with the military administration on 31 January 1941. The latter showed no interest; and, as the question was a purely political one, it was referred to the SD in agreement with the German Embassy.”
This is followed by an analysis of various discussions with the French Commissioner Vallat, with Ambassador Abetz, and with De Brinon and indicates the various demands presented by the Germans to the French authorities. I pass now to Page 26, the last paragraph:
“The proposal of the Office for Jewish Affairs has been referred to SS Brigadeführer Dr. Best by SS Obersturmbannführer Dr. Knochen. This proposal suggests that a liaison office ought to be created which should comprise the representatives of the four offices cited above. The management was to be in the hands of the Director of the Office for Jewish Affairs of the SD in compliance with the rules stipulating the competency of the OKW, the OKH, and the Commander in France. As a result of this suggestion, a conference was held on 10 June 1941. Those who attended were: Ministerial Counsellor Dr. Stortz for the Commander in France”—then German titles follow which have not been translated into French and which are a little hard for me to read—“Dr. Blancke, (Economic Service), Counsellor to the Embassy Dr. Zeitschel (German Embassy), and SS Obersturmführer Dannecker. The representatives of the military administration stated clearly that the competence of the SD resulted from the decrees of the OKW and of the OKH as well as from the last confidential decree of 25 March 1941 of the Commander in France. Dr. Stortz declared that for various reasons it would be better to abstain from creating a special liaison bureau, under the direction of the SD. SS Obersturmführer Dannecker explained for his part that we are concerned with the final solution of the question only; and, therefore, the SD must have the possibility of carrying out the orders given by the RSHA.”
THE PRESIDENT: M. Faure, can’t you summarize this? It is a very long document, and we have so many documents and so much evidence in connection with the Jews already.
M. FAURE: I shall simply read one sentence on the same page:
“The result of the conference was the decision to meet every week at the Office for Jewish Affairs. In the course of these meetings they would discuss in common all their aims, experiences, and objections.”
I think it is interesting to note these regular conferences held every week and in which representatives of the military services, the embassy, and the police took part.
The following pages of the report can be passed over. They contain remarks about Vallat, notes relating to the establishment of files concerning the Jews, and an analysis of the German ordinances. This is important as showing that these ordinances have their place in the general plan. Dannecker likewise speaks of the Anti-Jewish Institute, and observes that this institute was financed by the German Embassy.
The report goes on to give statistical notes and concludes with a statement of which I shall read only one paragraph:
“I hope I have succeeded in giving an idea of the present situation, and a summary of the manifold difficulties which had to be surmounted. I cannot help but acknowledge in this connection the really friendly and thorough support which has been given to our work by Ambassador Abetz and his representative, Minister Schleier, as well as by SS Sturmbannführer and Counsellor to the Embassy Dr. Zeitschel.”
To meet the desire of the Tribunal, I shall not submit all the documents included in my document file. I shall therefore pass now to Document Number RF-1210. I have not submitted Documents RF-1208 and 1209. This Document Number RF-1210 is a new report of Dannecker’s. It is dated 22 February 1942. I submit it to show the regular and progressive character of the activities of the German offices. This is a letter of the 22d of February 1942. I shall read simply the headings, and I shall quote two passages.
The first heading is “Task of the Sipo and of the SD in France”; the second is “Card Index of Jews”; the third, “French Commission for Jewish Questions”; the fourth, “The French Anti-Jewish Police.” The fifth is entitled “Activity.” I shall quote this paragraph:
“Up to now three operations have been carried out against the Jews of Paris on a large scale. On each occasion the local office has been responsible for selecting the Jews who were to be arrested, as well as for the preparation and technical organization of the operations. The Jewish card index described above has considerably facilitated the organization of all these operations.”
The next heading is “Anti-Jewish Institute”; next is “Compulsory Jewish Amalgamation”; and finally “Tuesday Conferences.” I shall read Paragraph 2:
“A conference has been held every Tuesday since the middle of 1941”—Page 5 of the document—“attended by representatives of the following offices: 1) Military Command, Administrative Staff, Administrative Section; 2) Administrative Staff, Police Group; 3) Administrative Staff, Economic Section; 4) German Embassy in Paris; 5) Operations Staff West of Reichsleiter Rosenberg.
“The result of these conferences was that (of course, for very rare exceptions caused by outsiders) the policy regarding Jews in the occupied territories can be followed on absolutely uniform lines.”
THE PRESIDENT: We will break off now.
M. FAURE: Gentlemen, in order not to prolong the discussion too much, I should like, if it please the Tribunal, to submit as documents all the documents in my book, but to read and analyze only some of the most important.
I shall then pass over Documents RF-1211, 1212, 1213, and 1214. I should like, however, to draw the attention of the Tribunal to the end of the mimeographed French text. As the letter “K” appeared on the document, the word “Keitel” was written in, quite wrongly. I should like to say that this does not occur in the document. I should like to read this Document Number RF-1215, which is very short:
“Secret—13 May 1942. To the Chief of Area A.