German force. The National Socialist authorites intervened time and again to attempt to increase their output.
I refer to document 233-PS, which I file with the Tribunal under No. 53.
It is a directive of the OKW of October 17, 1944.
The purpose is to increasing the productivity of the prisoners.
I read from the "Subject:
Treatment of War Prisoners--Increase in Production.
The measures taken until now concerning the treatment not given the results that had been hoped for.
The officers of productivity of the labor of all the war prisoners.
The present and the State as concerns the prisoners of war.
Instructions in and their annexes.
First of all: collaboration with the leaders of the NSDAP.
The cooperation of all officers in charge of war acquainted with all questions concerning prisoners of war.
This camp commander, all questions concerning prisoners of war.
This bringing these matters to the knowledge of the public.
The aim of this collaboration is:
"(a) To increase the productivity of the work of war "(b) To solve all difficulties quickly and on the spot "(c) To organize the employment of war prisoners in the "The Chancellery of the Party for its part will give orders "Second, treatment of the prisoners of war.
The manner in prisoners of war.
The control of productivity is among the proper means of augmenting the latter.
Means of repression which lazy and the rebellious."
I shall stop my quotation here.
Bureaus to use a subterfuge to force them to work. I refer to workers to whom a labor contract was offered.
The operation was trips to Paris on April 9, 1943.
For Germany it offered the the decrease of the surveillance to which they were subject.
In was in no way changed.
Their housing conditions and the quality of their rations remained unchanged.
Moreover, this operation material status.
The prisoners of war were not fooled; in the Labor, under No. 22, gives in this connection the following information.
I quote it, page 70 of the French text, page 70 of the German translation.
I shall read the second paragraph.
"The transformation of prisoners into 'free' workers, which of a voyage to Paris on April 9, 1943.
It was to involve, after not return.
In the month of August following, out of 8000, 2000 August 17 without result.
There is no third experiment, and the diplomatic protection of prisoners of war.
The forced utilization labor problem of the war economy.
That is why they applied territories.
The National Socialist authorities systemized their Compulsory Labor in the different occupied territories.
From the of civilian workers.
They decreed a veritable civilian mobilization, Dr. Mansfeld under authorization of the Defendant Goering.
I remind number 26.
I read from the document which I read this morning, "However, any suspicion must cease before the necessity of industry.
To this end the forced mobilization of workers in occupied territories must not be neglected.
In case the voluntary by force will in many cases make recruiting easier.
Therefore, I on a voluntary basis.
I herewith request you to prepare for result.
This is by way of relieving the man-power shortage in the Reich."
Compulsory Labor. It was necessary that a central authority be workers.
The terms of the exposition of the motives of the decree of appointment are explicit.
The mission of the plenipotentiary utilization of war prisoners.
The decree of Sauckel's, dated August 22nd, 1942, which I have filed with the Tribunal under No. 17, deliberate vidation of international conventions.
The deportation of workers is forbidden by several contractual regulations which have the value of positive law. I shall quote, first of all, Article 52 of the Annex to to the Fourth Convention of theHague. I have already given the commentary on it to the Tribunal to demonstrate that the requisitioning of labor effected by the authorities of the occupation was illegal. by Article 52. Obligatory labor was imposed upon foreign workers in the interest of the war economy of Germany. It was carried out in armament factories of National Socialist Germany. It deprived the occupied territories of labor necessary for the rational exploitationof their wealth. It therefore comes out of the framework of legitimate labor requisition, which Article 52 of the Hague Convention regulates. international convention. It is a question of the Convention of the 25th of September, 1926 on slavery, of which Germany is a signatory. This treaty assimilates forced labor to slavery in its Article 5. I ask the Tribunal to refer to it. flagrant violation of international law and of all engagements subscribed to by Germany. The National Socialist authorities transgressed positive international law. They likewise violated the rights of people. The latter guarantees individual liberty, to which the principle of forced recruitment is a characteristic attack. The violation of treaties and contemp contempt of the rights of individuals are the norms of National Socialist doc doctrine. That is why the defendants have not only proceeded to the mobilization of foreign workers; they proclaimed the necessity and the legitimacy of forced labor. certain declarations made by the defendants which have the strength of confessions. I shall thereupon indicate how the occupation authorities introduced the service of obligatory work in the different occupied territories.
I shall demonstrate finally that the Germans took measures of coercion, of violent coercion, to attempt to assure the execution of civilian mobilization which had been decreed. on the 10,11, and 12 of August, 1942, Document R-124, No 30 of our documentation. I shall not read it. This has already been read to the Tribunal. I recall that the document to which I refer indicates that the Fuerhrer was in agreement to effect all the necessary constraint in the East as well as in the West, if the question of recruiting foreign laborers could not be regulated on a voluntary basis. in identical terms by certain of the defendants. I shall not stress the numerous statements of the accused Saukel to which I have already drawn the attention of the Tribunal. The exposition of the motives of his decree of August 22, 1942, the policy included in his letter of April 24, 1942, and the policy specified in his speech at Posen in Febuary, 1942 transalate faithfully the determination of the defendant to justify the principle of forced recruiting.
I shall not revert to this. Jodl. This extract is drawn from a long speech uttered by Jodl November 7, 1943 at Munich before an audience of Gauleiters. This speech forms document L-172. I offer it in evidence to the Tribunal under Number 54. I shall read page two of the French translation, second paragraph; page 38-39 of the German original:
"This dilemma of manpower shortage has led to the idea of making more thorough use of the manpower reserves in the territories occupied by us. Here right thinking and wrong thinking are mixed up together. I believe that, insofar as concerns labor, everything has been done that could be done, but where this has not yet been achieved, it appears preferable from the political point of view not to have recourse to measures of compulsion. It is better to exchange for these order and economic aid. In my opinion, however, the time has now come to take steps with remorseless vigor and resolution in Denmark, Holland, France and Belgium, and also to compel thousands of wasters to carry out the fortification work, which is more important than any other work. The necessary orders for this have already been given. to decree the mobilization of civilian foreign workers. I am going to show the Tribunal how the Bureau of Compulsory Labor was established and organized in France, in Norway, in Belgium, and in Holland. any legal regulation for forced labor, and that forced labor was carried out as a simple de facto measure. was introduced in a special form in Luxembourg, and in the French departments of Alsace and Lorraine. The occupation authorities incorporated the citi zens of Luxembourg and the French citizens in the departments of Bas-Rhin, Haut-Rhin, Moselle in the Labor Service of the Reich. This incorporation was carried out by ordinances of Gauleiter Simon and Gauleiter Wagner. The ordinances constitute an integral part of the Germanization plan for territories of Luxembourg, Alsace and Lorraine.
Their consequences surpass those of the measures of forced enrollment which were taken in other occupied territories. That is why I refer this Tribunal for this point to the explanation which will be given in the prosecution brief of M. Edgar Faure. the legislation on forced labor in the occupied territories of Western Europe. have drawn the attention of the Tribunal on several occasions. This decree prescribes the mobilization of all civilian workers in the service of the war economy. Article 2 prescribes that this decree is applicable to occupied territories. This decree of August 22 thus constitutes the legal charter of the civilian mobilization of foreign workers. This mobilization was confirmed by an order of the Fuehrer of September 8, 1942. It is document 556-PS-2, which I file with the Tribunal and from which I shall read:
"The Fuehrer and Supreme Commander of the Wehrmacht. General Headquarters of the Fuehrer, September 8, 1942.
"The extensive coastal fortification which I have ordered to be erected in the area of Army Group West make it necessary that in the occupied territory all available workers should be committed to give the fullest extent of their productive capacity. The previous allotment of domestic workers is insufficient. The work is definitely insufficient. In order to increase it, I order the introduction of compulsory labor and the prohibition of changing the place of employment without permission of the authorities in the occupied territories.
"Furthermore, in the future the distribution of food and clothing ration cards to those subject to labor draft shall depend on the possession of a certificate of employment. Refusal to accept an assigned job, as well as abandoning the place of work without the consent of the authorities in charge will result in the withdrawal of the food and clothing ration cards.
"The GBA, that is, the Deputy General for Sauckel, in agreement with the military commander as well as the Reichscommissar will issue the corresponding decrees for execution."
measures to which the order of August 8, 1942, refers. I am speaking of the freezing of labor. public services exercise strict control over their use in the industrial enterprises of occupied territories. This control had a double purpose. It was to facilitate the census of workers suitable for work in Germany; it was to prevent workers from avoiding the German requisition by alleging a real or fictitious employment. the liberty of hiring and of discharging which they submitted to the authorities of the Labor Bureaux. September 4, 1942. I shall shortly relate to the Tribunal the conditions under which this law was formulated. I shall for the moment simply supply it to the Tribunal under No.56, and ask the Tribunal to take judicial notice of it. the command of the 6th of October, 1942. I submit to the Tribunal Document No.57, of which I ask the Tribunal to take judicial notice. early in 1941, an ordinance of the Reichskommissar dated February 8, 1941,-which I offer to the Tribunal under No.58 -- organized the freezing of labor. in all countries. In reality it constituted a preliminary measure for the mobilization of workers which the National Socialist authorities immediately proceeded to carry out.
legislation of the pseudo-government of Vichy, but this legislation was imposed upon the French authorities by the defendants, and especially by the defendant Sauckel. The action which Sauckel brought against the government of Vichy to force it to favor the deportation of workers into Germany was exercised in four periods. I shall briefly review for the Tribunal the history of these four Sauckel actions. after the appointment of the defendant as Plenipotentiary for labor. The German armament industry had an urgent need of workers. The service of the Arbeitseinsatz had decided to recruit 150,000 specialists in France. Sauckel came to Paris in the month of Juno 1942. He had several conversations with French ministers. Otto Abetz, German ambassador in Paris, presided over these meetings. They brought about the following results: faced with the repugnance of French authorities to establish forced labor, it was decided that the recruiting of the 150,000 specialists would be carried out by a pseudo-voluntary enrollment. This wasthe beginning of the so-called exchange operation to which I have already drawn the attention of the Tribunal. and that despite an intensification of German propaganda, the number of voluntary enrollments remained at a minimum. The German authorities then put the Vichy Government in a position to proceed to forced enrollment. addressed by the German Dr. Michel, Chief of the Administrative Section of the Gernal Staff, to the General Delegate for Franco-German economic relations. This is French Document 530, which I shall submit to the Tribunal as 45, French Exhibit 59:
"The President promised Gauleiter Sauckel, Secretary General in charge of the Department of Labor, to make every effort to send to Germany by way of reinforcing the German war economy, the German armament economy, 350,000 workers of whom 150,000 should be metal workers. The French Government proposed originally to solve this problem by recruitment, in particular by special offers.
This method has been abandoned and that of voluntary enrollment has been attempted with a view to the liberation of prisoners. The months which have passed have demonstrated that the end in viewcannot be achieved by means of voluntary recruiting. In France, German armament orders have increased in volume and assumed a more marked and urgent character. Besides, the accomplishment of special tasks has been asked, which can be successfully carried out only by having recourse to a very considerable number of workers. In order to assure the realization of the tasks for which France is responsible in the domain of labor supply, the French Government must be asked henceforth to put into execution the following measures: First of all, the publication of a decree relative to the change of place of work. By virtue of this decree, the place of work cannot be abandoned and labor cannot be hired without the approval of certain specified services. Second, the institution of the obligatory dedaration of all persons out of work, as well as those who do not work during the whole working day or in a permanent manner. This obligatory statement will make it possible to determine as fully as possible the reserves that are still available. Third, the publication of a decree for the mobilization of workers for important tasks relating tothe policy of State. This decree is to furnish (a) the necessary labor for Germany; (b) the workers necessary in France for the carrying out of orders which have been transferred here for special tasks. Fourth, publication of a decree safeguarding the formation of young specialists. This decree must impose upon French enterprise, French factories and industry the obligation of forming by means of apprenticeship and systematic professional education, young workers possessing adequate special qualifications for the military commander. Signed: Dr. Michel."
Dr. Michel's letter forms the basis for the law relative to the utilization and the orientation of labor. It is the law of September 4, 1942, which I have just filed with the Tribunal.
and 50 who did not have employment susceptible of occupying them more than 30 hours a week were forced to state this at the city hall where they resided. A decree of September 19, 1942, and an enabling directive of September 22 provided regulations for the different phases of the statement.
Sauckel's first action was achieved on a legislative plane. The defendant only had to dip into the labor resources which were established by it. But the resistance of the French workers caused his recruiting plan to fail. This is why Sauckel undertook his section action beginning in January, 1943. of Compulsory Labor, properly speaking. Until then, workers had been the only victims of the policy of force of the defendants. The latter understood the demagogic argument which they could derive from this de facto situation. They explained that it was inadmissible that the working classes of the occupied territory be the only ones to participate in the German war effort. They required that the basis of forced labor be enlarged by the establishment of the Bureau of Compulsory Labor.
This was established by two measures. A directive of February 2, 1943, prescribed a general census of all French of masculine sex born between the 1st of January 1912 and the 1st of January 1921. The census took place between the 15th and 23rd of February. It had just entered in force when the law and decree of February 16, 1943 appeared. These regulations established the Bureau of Compulsory Labor for all young men born between the 1st of January 1920 and 31st of December 1922. I file it with the Tribunal under French No's 60 and 61, and I ask the Court to take judicial notice of it. which was not in the domain of common law, is substantiated by numerous documents. I particularly draw the attention of the Tribunal to four of these which permit us to retrace the activities of the Defendant Sauckel during the months of January and February 1943.
of his administration an order of the Fuehrer which the Defendant Speer had communicated to him. This is Document 556-PS-13, which I file with the Tribunal under No. 62. I shall read its first paragraph. First of all:
"1. On January 4, 1943, at 8:00 o'clock in the evening
THE PRESIDENT: What number?
M. HERZOG: 62, Mr. President.
THE PRESIDENT: Thank you.
M. HERZOG: "January 4, 1943, at 8:00 o'clock in the evening, Minister Speer telephones from the General Headquarters of the Fuehrer to give the information that according to a decision of the Fuehrer it is no longer necessary in the future, when the taking on of specialists and auxiliaries in France is to be made, to have any particular regard for the French when they likewise in the said country exercise pressure and use more severe measures to the end of procuring the necessary labor."
On January 11, 1943, the Defendant Sauckel was in Paris. He attended a meeting which brought together at the Military Commander's all responsible officials of the Labor Bureau. He announced that new measures of constraint were to be taken in France. I refer you to the transcript of the meeting which constitutes Document 1342-PS, which I file with the Tribunal under No. 63. I shall read from page 2 of the French translation, page 1, fourth line of the second paragraph of the German original:
"Gauleiter Sauckel thanks everybody for the successful carrying out of the first project. Already now, from the beginning of the new year, he considers himself obliged to announce new severe measures, a great need of labor making itself felt for France as well as for the Reich armament industry."
I skip to the end of the paragraph. I shall read from the next paragraph:
"The situation on the front calls for 700,000 soldiers fit for frontline service. For this purpose, the armament industry would have to drop to 200,000 key workers by the end of March, I have received an order from the Fuehrer to find new workers in replace these very fine skilled workers for unskilled, I shall need for this 150,000 French specialists, while the other 50,000 can be drawn from Holland, Belgium, and other occupied countries. In addition, 100,000 unskilled French workers are necessary for the Reich. By the second action of recruitment in France it would be necessary that by the middle of March 150,000 skilled workers and 100,000 unskilled workers and women be transferred to Germany."
The Defendant Sauckel went back to Germany a few days later. On February 16 he was in Berlin at the meeting of the Central Office of the Four Year Plan.
He gave a commentary of the law which was to appear that very day, in France, and revealed that he was the instigator of it. included under No. R-124, which I submitted this morning to the Tribunal under No. 30. I shall read an extract from this document which my American colleagues have not read. It is page 7 of the French translation of the document, page 2,284-5 of the German original.
"This is the situation in France. After my collaborators and myself have succeeded, after difficult discussions, in convincing Laval to establish the service of compulsory labor, this obligation to labor has been extended, thanks to our pressure, so successfully that since yesterday -- even yesterday -three French classes have been called. This is why we are now legally qualified to recruit in France, with the assistance of the French Government, workers of the three classes whom we shall be able to employ henceforth in French factories, but among whom we shall be able to choose some for our own needs in Germany and send them to Germany."
In fact, the Defendant Sauckel returned to France on February 24. I offer in evidence to the Tribunal the letter which he addressed to Hitler before his departure to inform him of his trip. It proves the continuity of the action of Sauckel. The letter constitutes Document 556-PS-25, which I lodge with the Tribunal under No. 64, and I shall read it:
"Director General of the Labor Service to the Fuehrer. General Headquarters of the Fuehrer. "My Fuehrer:
"I allow myself herewith to take leave of you before undertaking my voyage of service which has been already arranged for France. Reich, as soon as possible, workers capable of replacing German workers to the benefit of the Wehrmacht. May I add that the Marshal Keitel and General von Unruh have received a communication from me to the effect that half of these workers intended to replace German workers in the key industries, that is, 125 French qualified specialists, had arrived already in the Reich on January 1, 1943, that a corresponding mobilization for the benefit of the Wehrmacht might take place.
I shall now assure myself in France that the second half shall arrive in the Reich by the end of March, or earlier if possible. The first French program was executed by the end of December.
"The second object of my visit is to assure the necessary labor for the French workshops in order to permit the carrying out of the programs provided for France, of Grand Admiral Doenitz and Gauleiter Kauffmann.
"Third, to assure the labor necessary for the other German armament programs which are in process in France.
"Fifth, to prepare supplementary labor in agreement with Secretary of State Backe, in view of intensifying French agricultural production.
"Sixth, to have the much needed conversations with the French Government on the subject of labor service, the call of classes, and so forth, in view of activating the recruitment of labor for the benefit of the German war economy."
THE PRESIDENT: I think that is a good time to break off.
(Whereupon at 1700 hours the hearing of the Tribunal adjourned to re convene at 1000 hours, January 19, 1946.)
on 19 January, 1946, 10.05 - 13.00,
M. HERZOG: Mr. President, your Honors.
At the end of yesterday's session I was expounding to the progressively imposed in France.
I reached the second action of the application of the law of February 16.
The rhythm of these seinsatz formulated immediately new requirements.
April 9, 1943, 120,000 workers during the month of May; 100,000 during the month of June.
In June he made it known that he wished to bring about Sauckel's third action was going to begin.
It was to be of the military conscription class of 1942.
All exemptions In reality Sauckel's third action was especially manifested deportation by means of forced recruiting.
I offer in evidence three 27 June, 1943.
Drafted by the Defendant, upon his return from a of French workers for the second half of 1943.
It concerns the 500,000 French workers be deported to Germany.
This letter, "Weimar, 27 June, 1943.
"My Fuehrer:
"I allow myself herewith to inform you of my return from "Inasmuch as the reserves of workers in the territories "In my report of April 4, I pointed out it was at present "The object of my visit, which I have just made to Paris, was and personal studies, to engage still other workers.
After having "1. Since, in France, the measures concerning the war the execution of German orders.
In this case it will be possible "2. While taking account of those measures, it is possible, "The necessary conditions for the carrying out of this program "1. A close collaboration of all the German services, "2. A constant study of the French economy and by means of combined commissions, as they have been provided for by Mr. Speer, "3. Constant, skillful propaganda producing its effect against "4. The providing of an adequate food supply for the French "5. An energetic demonstration of these necessities before "6. A perceptible development of the program which I have trades useful to the war economy."
