shall see shortly that the National Socialist Party was designated as German.
This branch of the German Party was called "N.S.D.A.P., Ausland Organization, Landeskreis Danemark". It acted in coordination with other institutions; specifically, the Deutsche Akademie, the Danish Chamber of Commerce and the Nordic Association, "Nordische Gesellschaft". directly under the Ministry of Popular Instruction and Propaganda in the Reich, had undertaken to launch systematic propaganda on Danish public opinion. which is worthy of note from the point of view of German premeditation and also with regard to the methods employed. This passage is to be found in the first document of which I have spoken, called "Aide Memoire" or "Memorandum. " On page 6 of this document. I am now beginning my quotation. Paragraph 2 of page 6, and I will skip the first sentence of the said paragraph. more convenient for them because of the thickness of the document, that this quotation is reproduced in the presentation file.
(Reading)
"This information agency which was functioning in Hamburg, with no less than eight different addresses, gave in one of its publications the following details concerning itself. It was established in January, 1914, in memory of the German philosopher, Fichte and should be considered, therefore, as a 'union for world truth'. The purposes were, first, to encourage mutual understanding by the free publication of information on New Germany, and second, the protection of culture and civilization by the propagation of truths, as against the destructive forces in the world."
I skip one sentence and continue:
"This German propaganda had for its essential purpose and its most obvious aim the creation in Denmark of a nation-wide sentiment favorable to Germany and hostile to England, but it could also represent an attempt for the preparation of the ground for the intorduction in Denmark of a Nazi system of government by obtaining subterraneously all manifestiations of discontent in Denmark against the democratic regime in order to use such data as documentary proof in the event of a liberation action in the future.
Thus, in January, 1940, the propaganda was no longer content merely with attacking England and her methods of conducting the war, or the Jews and their mentality, but it proceeded to actual grave attacks against the point of view of the Parliament and the Government of Denmark." point. At the end of February, 1940, the Danish police was able to seize on the person of a German subject, a document which was entitled, "Project for Propaganda in Denmark." I'll summarize in saying this: Page 7 of this report. One noted a characteristic statement. It is the last sentence in that paragraph, which is placed between quotes in German, with a French translation in parenthesis:
"It should be possible to hold the daily press under the control of the Legation and of her collaborators."
role of agents in the interior of the country and to launch propaganda campaigns, but she also inspired the organization of Danish political bodies which were affiliated with the Nazi Party. Jutland, where there was a German minority. The Germans thus were able to promote the organization of a group called "Schleswigsche Kammeradschaft," or S.K. which exactly corresponds to the German SA. The members of this group received military training.
Likewise, a group designated as "Deutsche Jugendschaft Norschleswig" had been organized on the pattern of the Hitler Jugend. now summarizing the statements found in the Danish report in order not to give a prolonged reading. These statements are developed in detail in the following chapter of the report and, specifically in respect to what I have said, on page 7 of said report. such as Wohlfahrtsdiens, which was founded in 1929 at Tinglev, and the Deutsche Selbsthilfe, which was founded in 1935, and also by economic organizations, the name of which is "Kreditanstalt Vogesgesand", which, through a very clever and secret financing on the part of the Reich, was able to take over important agricultural properties. spread to the whole of Denmark. Thus, there existed, even before the war, a National Socialist Party of Denmark, whose leader was Fritz Clausen. We read in the government report:
"With regard to the relations of the Party with Germany prior to the occupation, this much must be said: That Fritz Clausen himself, as well as the members of the Party, took quite an assiduous part in the Party Days held in Nurnberg and the Congres de Streicher at Erfurth, and that, in any event, Fritz Clausen personally was in very close relationship with the German Ministry for Foreign Affairs."
Southern Jutland and to be spread over the rest of the country, is illustrated by the fact that the Nazi newspaper, called "The Fatherland", which at first was published in Southern Jutland, was transferred in October 1939 to Copenhagen, where it was thenceforth published as a morning daily. occupation. As I have indicated, the Germans did not establish a formal occupation authority. It is understandable that the two principal agents for the usurpation of sovereignty in Denmark were the diplomatic representation, on the one hand, and the Danish Nazi Party on the other. later, beginning in October 1942, Dr. Best. and they involved, under a more or less discreet form, the most sweeping demands. For example, I will cite a document which is a part of the Government's report. This document is a memorandum submitted by the Reich Plenipotentiary on 12 April 1941. is to be found in the third of the booklets which are before it. The third booklet is entitled, "Second Memorandum", or, more specifically, it comes after the second bundle, and there is really a title as "Annex One." I am now quoting:
"The German Reich Plenipotentiary has received instructions to demand from the Royal Government of Denmark:
"First: Whether His Majesty, the King of Denmark, to whom M. De Kauffmann, Minister of Denmark now refers, or whether any member of the Royal Danish Government before its being published, have had any information on the treaty concluded between M. de Kauffmann and the American Government.
"Second: The immediate execution of the recall of M. de Kauffmann, Minister of Denmark, by His Majesty, the King of Denmark.
"Third: The delivery without delay to the Charge d'Affaires of the United States in Copenhagen of a note disavowing M. de Kauffmann, communicating the fact that he was being recalled, stating that the treaty thus concluded did not bind the Danish Government, and formulating the most energetic protest against the American procedure.
"Four: A communication to be published in the press, according to which the Danish Royal Government would clearly state that M. de Kauffmann did act against the will of His Majesty, the King, and of the Danish Royal Government and without their authorization; that he has been recalled; and that the Danish Government considers the treaty thus concluded as not being binding upon it and has formulated protests of the most energetic character against the American procedure.
"Fifth: The promulgation of a law, according to which the loss of nationality and the confiscation of property may be pronounced against any Danish subject who abroad has been guilty of grave offenses against the interests of Denmark or against the provisions adopted by the Danish Government.
"Sixth: M. de Kauffmann to be brought before the tribunal for the crime of high treason, by virtue of Article 98 of the penal civil code, and of Article 3, Section 3rd of the law of 18 January 1941, and loss of nationality for him in conformity with a law to be edicted, as mentioned under Paragraph 5." the sovereignty of the legitimate Danish Government was violated by the Germans. They gave orders in the field of international relations, which constitute the essential attribute of the sovereignty of an independent state. They even go so far, as the Tribunal has seen in the last paragraph, to demand that a law be passed in accordance with their wishes and that action for high treason be pronounced in conformity with the law, which may be hypothetically formulated at a later date. Government's report which appears in the second supplementary memorandum on page 4. The second supplementary memorandum is the third paper in the Green File. I am beginning in the middle of the second paragraph:
"In the month of October there occurred a sudden crisis. The Germans claimed that His Majesty the King had offended Hitler by too short a reply to a telegram which the latter had sent to him. The Germans reacted harshly with extreme violence. The German Minister in Copenhagen was immediately recalled.
The Danish Minister in Berlin was then called to Denmark. Minister von RentheFink was replaced by Dr. Best, who arrived in the country with the title of Plenipotentiary of the German Reich and who brought with him extensive demands on the part of the German Minister of Foreign Affairs, Von Ribbentrop, demanding a change in the Danish Government and the admission into the Government of National Socialists. These demands were refused on the part of Denmark and, the matter having been dragged out by the Government, they were finally abandoned by Dr. Best.
THE PRESIDENT: This may be a convenient time to break off.
(Whereupon at 1300 hours the Tribunal adjourned to reconvene at 1000 hours, Monday 4th February 1946). Official transcript of the International Military-
MARSHAL OF THE COURT: May it please the Court, I desire to announce that the defendant Kaltenbrunner will be absent from this morning's session on account of illness.
M. FAURE: May it please the Tribunal, Mr. Dodd would like to make some explanations.
MR. DODD: Members of the Tribunal, with reference to the respective witness Pfaffenberger, over the weekend it occurred to us, after talking with him, that perhaps if defense counsel had an opportunity to talk to him we might save some time for the Court. Accordingly we made this witness available to Dr. Kauffmann for conversation and interview, and he has talked with him as long as he has pleased, and he has notified us that in view of his conversation he does not care to cross-examine him, as well as other counsel for the defense who have no desire to cross-examine him.
THE PRESIDENT: Then the witness Pfaffenberger can be released?
MR. DODD: That is what we would like to do, at the order of the Court.
THE PRESIDENT: Very well.
M. FAURE: Gentlemen, during the last session I had reached the end of the first period of the German occupation of Denmark. I should like to point out in addition, considering that first period, a circumstance which is established by the Danish report, second memorandum, page four. I quote:
"When the German aggression against Russia took place the 22nd of June 1941" -- that is the third book of the report --"one of the most serious encroachments was carried out against political liberties which the Germans had promised to respect. They forcibly obliged the government to carry out the internment of Communists; total number of three hundred." abusive interference of the first act of German usurpation, which was the diplomatic representation.
local National Socialist Party of Fritz Clausen, about which I spoke previously. The Germans hoped to see this develop under the favorable circumstance of the occupation, and thanks to the support that this would bring, this party might develop in a remarkable way. But their calculations were completely deceived. In fact, in March 1943 elections took place in Denmark, and these elections emphasized the total defeat of the Nazi Party. This party obtained only a proportion of 2.5 percent of the vote and they only obtained three seats in the Chanter of Deputies out of 149 seats. I point out to the Tribunal that in some copies of my brief there is a mistake in printing which indicates twenty-five percent instead of 2.5 percent, which is the true figure, which shows the very minimum success of the Clausen Party. period following the month of August 1943. The first reason for this change was clearly the failure of the plans which consisted in seizing legally the power, thanks to the aid of the Clausen Party. On the other hand, about the same time the Germans were also disappointed as considerably as before. They sought in fact, as has been shown in my brief on economic questions, to mobilize Danish economy for the benefit of their war effort. But the Danish population, which had refused the policy of Nazification, did not wish to lend itself to the economic classification. Also, the Danish industries and the Danish workmen exhibited passive resistance, and by a legitimate reaction against the abusive undertakings of the Germans they organized a sabotage program. There were strikes accompanied by various incidents. Faced with this double failure, the Germans decided to modify their tactics. second memorandum, the following sentence:
"As a result of these events the plenipotentiary of the German Reich, Doctor Best, was on August 24, 1943, recalled to Berlin from which he returned with claims of having the nature of an ultimatum addressed to the Danish Government." a part of the official Danish report. This is appendix two. The ultimatum is dated the 28th of August 1943, Copenhagen. After the three first parts of the report.
I am now upon the second appendix, which has also been copied in my brief. Claims of the Reich Government:
"The Danish Government must immediately declare the entire country in a state of military emergency.
"The state of military emergency must include the following measures:
"1. Prohibition of public gatherings of more than five persons.
"2. Prohibition of all strikes and of any aid given to strikers.
"3. Prohibition of any gathering in enclosed premises or in open air; prohibition of being in the streets between 20 hours 30 and 5 hours 30; closing of restaurants at 19 hours 30; before the 1st of September 1943 all firearms and explosive matters which exist must be handed over to the government.
"4. Prohibition of bothering or annoying in any way whatsoever Danish nationals because of their collaboration, or the collaboration of their close relatives with the German authorities, or because of their relations with the Germans.
"5. Establishment of a press censorship with German collaboration.
"6. Establishment of martial or military courts to judge acts contrary to the provisions taken to maintain order and security. Infraction of the provisions mentioned above will be penalized in the most severe fashion, and penalties will be decreed in conformity with the law in force concerning the authorization of the government to take previsions to maintain calm order and security. The penalty of death must without delay be introduced for acts of sabotage and any aid which is given to these acts. Attacks against the German forces and its members. Possession after the 1st of September 1943 of firearms and explosive matters. The Reich Government expects to receive today before 1600 hours the acceptance by the Danish Government of the above-mentioned claims or demands." to yield to that ultimatum, although it found itself under the material constraint of the military occupation. At that time direct undertakings against the sovereignty were undertaken. The Germans took to themselves measures which they had demanded in vain from the National Government.
They declared a state of military emergency. They took hostages. They attacked without previous notice, contrary to the laws of war. Arid at a time when there existed no state of war they attacked the army and the Danish Navy, which they disarmed and of which they imprisoned the forces.
They pronounced death sentences and deported a certain number pf persons who were considered to be Communists and whose internment they had in a prior period requested. After this date of August 29, 1943, the king, the government and the parliament ceased to exercise their functions. The administration continued under the direction of high officials who in indispensable cases took measures called, "Laws of Necessity." During this same period there existed three German authorities in Denmark:
First of all the plenipotentiary, who was still Doctor Best: Hannecken, replaced subsequently by General Lindemann; days later by a crisis, of which I have just spoken to you. The SS Standartenfuehrer, Colonel Dr. Mildner, arrived in September as chief of the German Security; and the first of November there arrived as the supreme chief of the police in Denmark the Obergruppenfuehrer and Lieutenant General of the Police Gunther Pancke, of whom I shall speak again. General Gunther Pancke and Doctor Mildner, whose names I have already cited -- Doctor Mildner was replaced January 4, 1944, by SS. Standartenfuehrer Bovensiepen. you will find the information, a chart relative to the German officials in Denmark. This chart is found in the second memorandum page two. It is interesting -- although we are not concerned here with individual cases -it is interesting because it shows the organization of the German network in this country. During the whole period which we are speaking about now, among the three German authorities already mentioned, the police played the most important role and was the principal organ of usurpation of sovereignty by the Germans. We may, for that reason, consider that at the time then Norway and Holland represent cases of civil administration, if Belgium and France represent military administration, and Denmark represented the typical case of police administration. We must never forget the different sorts of administration are always somewhat overlapping. And in all occupied countries the seizure of authority by the German police in Denmark during the period which begins September 1943 and lasts until liberation unleashed an extraordinary number of crimes.
Differing from other administrations, the police did not act under regulations, but they interfered forcefully in the life of the country by exercising force which was orderly and systematic. I will have the opportunity of treating certain aspects of this police administration in the fourth chapter of my brief. For the moment, within the scope of my subject, I would like simply to cite the facts which constitute direct and general violation of sovereignty. From this point of view I believe that it is indispensable to point out to the Tribunal a rather special event which took place on September 19, 1944. At that police of Denmark -- and abolished totally this same institution which is indispensable and essential in all states. second memorandum, that is to say, the third booklet of the dossier, page twenty-nine. I will begin in the middle of the paragraph, after the first sentence. The extract is found in my brief. I quote:
"The fact that the Germans had not succeeded in obtaining any influence over the Danish police neither among their leaders nor in the ranks contribute, to the fact that the German military authorities at the end of the summer of 1944 began to fear the police. Pancke explained that General Hannecken and he himself were afraid thatthe police, numbering eight to ten thousand well-trained men, would not fall to the Germans in the event of an invasion. In the month of September 1944, believing that an invasion of Denmark was probable, Pancke and Hannecken began the disarming of the police and the deportation of a part of the police. Pancke submitted the plan to Himmler, who consented to it in writing, adding to theletter that the plan had been approved by Hitler. He had moreover discussed the plan with Kaltenbrunner. The operation was carried out by Pancke and Bovensiepen, who had discussed the plan with Kaltenbrunner and Mueller of the RSHA, and the regular troops aided this operation organized with the consent of General Hannecken.
"At eleven o'clock in the morning on the 19th of September 1944, the Germans caused a false air alarm to be given. Immediately afterwards the soldiers, who were policemen, penetrated forcibly the police prefecture in Copenhagen as well as the different police headquarters in the city. Some policemen were killed. They acted in the same way throughout the whole country. Most of the policemen on duty were captured. In Copenhagen and in the large cities of the country the prisoners were taken to Germany by ships, which Kaltenbrunner had sent for this purpose or in freight cars. As it has already been said before, the treatment which they were subjected to in German concentration camps cannot be described too horribly. In the little cities of the country the policemen were freed.
"At the same time Pancke decreed what he called a state of police emergency. The exact meaning of this expression has never been explained, and even the Germans do not seem to have understood what it meant. In practice the result was that all police activities, not only simple, ordinary, but judicial were suspended. Maintenance of order and of public security was left to the inhabitants themselves.
"The last six months of the occupation, the Danish nation found itself in an unheard of situation -- unknown in other civilized countries -of being deprived of their police force to maintain order and public security, This state of affairs might have ended in complete chaos if the respect for laws and the discipline of the population -- strengthened by the indignation because of this act of violence -- had not avoided more serious results." for these last six months of the occupation naturally resulted in the recrudescence of criminality under all forms. You can get an idea of this if you consider that the premiums of insurance companies were raised to 480 percent, when previously they were limited to only the normal rate. It is only just to consider that the crimes committed under these conditions entail the responsibility of the German authorities who could not fail to foresee and who accepted this state of affairs. You see here a new demonstration of the total indifference of the Germans so far as consequences or results are concerned of acts which they decided from their point of view to be in their own interest.
by quoting to the Tribunal a passage of a document which I presented under the number 902. This document comes from the American documentation under the number 705-PS, but it has not yet been submitted or lodged with the Tribunal, and I would like to read an extract, one quotation, which seems interesting to me. This is a transcript established.
at Berlin January 20, 1943, of a meeting of the SS Committee for the Study Group Concerned with Germanic Space. At this meeting were present fourteen personages of the SS. There is in this transcript a special paragraph which concerns Denmark. On the other hand, other paragraphs of the same document are of interest as far as the following chapter, which will follow this, is concerned. In order to avoid to have to quote this document twice, I shall read all the passages which I would like to submit as in evidence. I quote-page 3 of the Norwegian document, the lower part of the page. "Norway" is underlined.
"In Norway the Minister of Fuglesang became subsequently the successor of the Minister Lunde who had died by accident. Despite the promises made by Quisling's party, we must not expect that Norway furnish an important quota.
"Denmark. In Denmark, because of the seizure of power by the Gruppenfuehrer SS Doctor Best, the situation is extremely encouraging. We may be convinced that the SS Gruppenfuehrer Doctor Best furnish a classical example of the ethnical policy of the Reich. The relations with the leaders of the Clausen Party have recently become delicate. Clausen has not been sympathetic to the establishment of a body of combatants as the prime organization for the Germanic defense of Denmark, except upon the condition that those who belong to this corps will not belong to the Party. The parties relative to the grouping, this indispensable grouping of front combatants, was continued. The position of the monopoly of the Party not being maintained, all the elements as recruiting must be utilized even if Clausen, but without his clique, must figure personally in the foreground.
"In Holland Muessert was at that time proclaimed fuehrer of the Dutch people by the Reich Commisar, Doctor Seyss-Inquart. This measure had in other Germanic countries, and particularly in Flanders, an extremely troublesome influence. The decisive role was that of the general commissariat of which the principle of exploiting Muessert "Flanders.
In Flanders the development of the VNV, the Flemish National Movement, continued to be unfavorable.
Concerning this, was not able, nonetheless, to deceive the people.
Did he not, in the ethical domain only when its situation was difficult?"
Holland and Flanders. I speak naturally only of the Western countries.
National Socialist inspiration of sovereignty. In the third place we normal functions.
In the fourth place the document emphasizes the we cannot too much emphasize.
The case of Doctor Best is a good example.
Doctor Best was a Minister with plenipotentiary powers, and in that capacity a diplomatic agent.
And we see also that Doctor Best Minister he is a General in the SS.
And in this capacity they stipulate in this document that he seize power in Denmark.
The I ask the Tribunal to take the brief entitled, "Norway and Holland."
two countries had no voice. In both cases the establishment of civil Reich Commissar.
This decree is signed by Hitler, Lammers and the Defendants Keitel and Frick.
In Holland there was a decree of May Commissar.
This decree is signed by the same persons as the preceding The degrees of appointment of Reichskommissars defined at the same time the function and fixed the sharing of the functions between the Reichskommissar and the military authorities.
I do not submit these as documents showing, these were direct acts of German legislation. The degree concerning Norway provides in its first article that the Reichskommissar has the concern of safeguarding the interests of the Reich, and of exercising supreme power in the civil domain. The decree adds: "The Reichskommissar is director under me and receives from me directives and instructions." the text of Article 4: " The Commander of the German troops in Norway exercises rights of military sovereignty. His orders are carried out in the civil domain by the Reichskommissar." for 1940, No. 1. The same information is given in a similar decree of May 18, 1940, applying to Holland. This establishment of Reichskommissars was accompanied at the beginning with some information that was supposed to reassure the public. Terboven proclaimed that he had decided to limit to the maximum the inconveniences and expenses of the occupation. This is found in a proclamation of April 26, 1940, which is in the official journal, page 2. to the Dutch people an appeal, which is found in the official journal for Holland of 1940, page 2, where he expressed himself as follows. The first is a catagorical phrase: "I shall take all measures, including those of a legislative nature, which will be necessary for carrying out this mandate"; and he adds: "It is my will that the laws in force up to now shall remain in force, and that the Dutch authorities must be associated with the carrying out of governmental affairs, and thatthe independence of justice be maintained."
But these promises were not kept. The Reichskommissar, evidently, in Norway and in Holland was the principal agent of the usurpation of sovereignty. He acted, however, always in close relation with a second agent of usurpation, which is the National Socialist organization in the country. This collaboration of the local Nazi Party with the German autho rity, represented by the Reichskommissar, took on forms perceptibly dif-ferent in each of the two countries under consideration.
As a result, the exercise of power by the Reichskommissar presented in itself between Norway and Holland differences which were more apparent than real. to the war. It developed under the inspiration of the German Nazi Party and in the general scope of war preparations and of their plan for Germanization. I should like to give a few bits of information relating to Norway. For leader it had the celebrated Quisling. It constituted a perfect imitation of the German Nazi Party. I submit to the Tribunal as Document 920 the text of the oath of fidelity subscribed to by members of this National Samling Party. I quotes:
"My promise of fidelity: I promise on my honor: First, unflinching fidelity and loyalty towards the National Socialist Movement, its idea, and its Fuehrer."
"Second, to work energetically, tirelessly, and boldly for the cause. Always in my work I shall be worthy of confidence and show discipline. I shall, do all that I can to acquire the knowledge and aptitude which is required for my activity in the movement.
"Three, as far as I can, I shall live according to the National Socialist spirit, and towards all my companions in the struggle I shall show solidarity and comprehension and be a good comrade to them.
"Four, to obey any administrative decision taken by the Fuehrer or by trusted advisors when the latter do not act against or in disagreement with the directions of the Fuehrer.
"Five, never to reveal' to others (to foreigners or enemies) details of N.S. methods of work or anything whatsoever which might harm the movement.
"Sixth, to use extreme efforts at all times to contribute to the progress of the movement and to the realization of its purpose, and to fulfill the place in the organization of the struggle which I charge myself to do under promise of fidelity, quite conscious that I will be guilty of an unworthy and wretched action if I broke this promise.
"Seventh, if the circumstances make it impossible for me to continue as a member of the organization for struggling, I promise to withdraw in an honest fashion.
"I shall remain bound by the secret, I promise, and I shall do nothing of detriment to the movement. Our purpose, the purpose of the National Samling, is this: a new state in Norwegian and Nordic association, which are a joint association in the world's community, organizally constructed on the foundation of work, under a powerful and stable leadership, the union between the communal utility and the private utility."
This applies in a complete way to the Fuehrer principle. The very day of the invasion the Nazis forced the establishment of an alleged Norwegian Government, over which Quisling presided. This experiment, however, did not last very long. Beginning with the following April -- the 15th, in fact -- the Germans decided "to hold in reserve" their protegee, according to their own expression. At that time the Norwegian Supreme Court proceeded to appoint a board of officials who were invested under the title of Administrative Council, with powers of higher administration. This Administrative Council constituted then, under the exceptional circumstances in which it was appointed, a qualified authority, at any rate, for keeping up the appearance of representing the legitimate sovereignty. It functioned only a short time. Beginning with the month of September the Nazis observed it was not possible for them to obtain the complicity, or even passive acceptance, of the administrators. They then appointed themselves thirteen Kommissars, of whom ten were selected among the members of the Quisling Party. Quisling himself did not exercise any nominal function, but he remained the Fuehrer of his party.
Finally, a third period began;the 1st of February 1942. At that date Quisling returned to power as Minister and President, and the Kommissars themselves took on the title or name of Ministers. This situation lasted until the freeing of Norway. Thus, with the exception of a period of a few months in 1940, the Germans seized in an absolute manner all the sovereignty in Norway. This sovereignty was shared between a direct agent, the Reichskommissar and their indirect agents, first called the State Council and then the Quisling Government, all, however, emanating from the National Socialist Movement.