In such operation there was never any concern of discovering whether the people who were suspected of having rendered service to the Rebels were really guilty, and even less in this case the concern of discovering whether these people had acted of their own free will or under duress.
The number of innocent people thus executed is therefore considerable."
The last paragraph: "The repression operation in Dordogne of 26 March to 3. April 1944, and particularly the tragic incident of Ascq, which have already brought about the intervention on the part of the French Government at Ascq specifically, 86 innocents paid with their lives for one attempt, which, according to my information, did not cause the death of a single German soldier."
End of paragraph 3, Page 158: "Such acts can only stimulate the spirit of revolt of the enemies of Germany, which after all are the only beneficiaries." you under Number 436, is a rejection of the request formulated by General Berard. The document is before you. I don't think it is necessary for me to quote it. This is Document 673, already deposited before you, Page 160 of your document book. And on Page 162 in your own document book, at the end of his protest he writes:
"An enemy who surrenders must not be killed even if he is a Franctireur or a spy. The latter shall receive from the Tribunal a just punishment, but this is only the text of the German stipulations applying to domestic matters." the Secretary of State for Defense to the German general, which protest is also against measures of destruction taken by the German troops in Chaudebonne and Chaveroche. We shall not read this document. The Tribunal may take judicial notice of it if it deems it necessary. Frenchmen were killed. Page 169, paragraph 2. I am now quoting:
"On 7 June an important group of Franc-tireurs attached to the dawn."
On page 170, first paragraph: "The same day at about 20.00 drew in haste."
Next to the last paragraph: "These troops toward morning now decided to exercise reprisals.
The French Forces of the Interior that had taken the town had withdrawn.
The Germans had taken no prisoners.
The reprisals will be extended upon civilians. Without instruction they were arrested."
And I am now reading the penultimate "The victims were selected without any inquiry, without even any questioning--haphazardly; workmen, students, professors, industrialists.
There were even among them some militia sympathizers and members of the Waffen SS.
The 120 corpses who were hanged from remain in the memory of the unfortunate population of Tulle."
June 1944. The Tribunal will accept perhaps we hope the placing of document F-236, which now becomes document 438.
This is a book, an description of the events.
I shall give you a brief analysis of the report of the "de facto" Government of the time, sent to the General "On Saturday, 10 June, a detachment of SS, probably belonging to the 'Das Reich' Division which was in the region, burst into the village after having completely surrounded it."
book, not the little printed text that has just been given to you:
THE PRESIDENT: Page 72?
M. DUBOST: 172, Sir. "On Saturday, 10 June, beginning of the afternoon, a detachment of SS belonging very likely to the "Das Reich" population on the central square.
It was then announced that a take place.
The men were invited to group together in four or five units, each of which was locked into a barn.
The women and children were led into and locked in the church.
It was about 14.00 hours.
whole village, as well as to the surrounding farms. The houses were set on fire one by one.
The operation lasted undoubtedly several hours, in view of the extent of the locality and of the town.
In the echoes of the fire and of the shootings.
At 17.00 hours, German the atmosphere became unbreathable.
Someone was able to break the ness.
The German soldiers then started to shoot through the windows remaining survivors.
Then they spread upon the soil inflammable material.
Not a single woman was able to escape. Having reached the and wounded her seriously.
She saved her life by simulating death "At about 18.
00 hours the German soldiers stopped the depart "At the end of the evening as well as the following day, which who were guarding exits of the village.
However, in the afternoon all carbonized--calcinated.
An absolutely reliable witness was able "During the night of Sunday to Monday the German troops returned "The news of this tragedy spread through Limoges during the day "On Tuesday, 13 June, the Regional Prefect finally obtained the church which was partly in ruins.
There was still human calcinated remains of children.
The bones were mixed with them. The ground was strewn with shells having the 'S.T.K.A.M.' brand upon them and there were numerous traces of bullets the height of a man.
Outside remains of children's bodies.
Outside children formed a spectacle, sight."
The paragraph before the end: "Although it is impossible to from regions threatened by bombardment.
There doesn't seem to be the beginning of the afternoon of 10 June.
Such are the facts.
I have the honor, General, of asking you, sir (General Bridoux speaking to his enemy), to be good enough to communicate them to the German High Command in France.
I strongly hope that he will take repercussion on the mind of the French population."
the book which has been placed before you. This inquiry has shown village.
There were none within several kilometers. It is even distant and remote.
The units which perpetrated this crime apparently The document F-673, page 175, and 176, so indicates.
Page 176: this "There were no Germans in France at that time, at least not in Oradour sur Glane.
The version given by the German authority is that of reprisals for military reasons, absolutely justified.
The German military commander fell in the combat of Normandy."
These are the last four lines of paragraph 4 of page 176:
"According to these facts, these reprisals seem to be absolutely justified by military reasons.
Therefore, in the eyes of the to you plainly, is a crime which is fully justified."
is a strange document which is signed by him. It was drafted on the 5th of March, 1945.
It concerns the so-called executions without judgment of French citizens.
You will find it on page 107. It will incidents as grave or as bad as that of Oradour sur Glane.
From "It was in the interest of the Germans to answer as promptly as possible to these condemnations."
THE TRIBUNAL: Isn't this a document of which we can take
M. DUBOST: You have already accepted it, sir.
THE PRESIDENT: It already has been read.
M. DUBOST: You have already accepted it. This is F-673. It was placed before you under No. 392 and this is the whole bundle of documents of the German Armistice Commission.
THE PRESIDENT: Yes, but is it a public document? It is not a public document, is it?
M. DUBOST: I believe that the Tribunal would want me to read it in its entirety.
THE PRESIDENT: Well, F-673, seems to be a very large bundle of documents. That is right, isn't it?
M. DUBOST: Yes, sir.
THE PRESIDENT: This particular part of it, this document signed by Keitel, is a private document.
M. DUBOST: The document which comes from the German Armistice Commission, it was presented several hours ago under No. 392 and you did accept its being deposited before you.
THE PRESIDENT: I know we accepted its being deposited, but that doesn't mean that the whole of the document is in evidence. I mean, we have ruled over and over again that documents of which we do not take judicial notice must be read so that they will go through the interpreting system and will be interpreted into German for the German counsel.
M. DUBOST: I am therefore going to give you the reading of the whole document.
THE PRESIDENT: Very well.
M. DUBOST: "The High Command of the Wehrmacht, Headquarters of the Fuehrer, 5 March 1945. I am dealing with the question of West/QU 2(1) No.01487/45-G, dealing with the question of Captain Cartellieri, concerning so called executions without trial of French citizens.
"1. German Armistice Commission.
"2. Command in the West, Western Command.
"In the month of August 1944, the French Commission attached to the German "Armistice Commission, addressed a note to the latter, giving an exact statement of incidents concerning so called arbitrary executions of Frenchmen from the 9th to the 20th of January, 1944.
The information given in the French note were for the most part so accurate that a control, a verification from the German side was undoubtedly possible.
"On the date of 26/9/1944, the High Command of the Wehrmacht entrusted the German Armistice Commission with the study of this affair. The said commission did later request the Western Command to carry out an inquiry on the incidents and the position taken on the facts submitted in the French note.
"On the 12th of February 1945, the German Armistice Commission received from the Army Group B, from the President of the Military Tribunal of the Army Group B, a note stating that the documents referring to this affair were since November 1944, with the Judge of the Army Pz, AOK 6, and that Pz, AOK 6; and the Second SS Panzer Division, Das Reich' had in the meanwhile been detached from Army Group B. The manner in which this affair was inquired into causes the following remarks to be made. The French and specifically the Vichy Government Delegation have addressed to the German Wehrmacht the grave reproach of having carried out unjustified executions, unjustified by the laws of war against citizens of France - therefore, murders.
"It was in the interest of Germany to answer as promptly as possible against such reproaches. In the long period which has elapsed since the French note was prepared, it should have been possible, even considering the evolution of military events and the movements of troops in relation with such events, to take at least part of these reproaches and to challenge them by examination of the facts. "If merely one fraction of the condemnation had been refuted," - this sentence is important - "if merely one fraction of these condemnations had been refuted, it would have been possible to show the French that all of their claims rested upon doubtful data by the fact that in this matter nothing was done as far as the Germans were concerned. The enemy must have the impression that we are not in a position to answer these condemnations. Their study of this matter shows that very frequently there exists an utter lack of awareness of importance of refuting all reproaches that are formulated against the Wehrmacht and to act against German propaganda. The German Armistice Commission has been entrusted by the present letter to continue the study of this matter with all necessary energy.
We ask that every assistance be given, especially with respect to the compilation of this inquiry on the part of everyone concerned."
"The reality of the fact that Panzer Aok 6 is no longer under western command is not an obstacle to obtain the necessary information to cast light and to permit repetition of the French condemnation."
THE PRESIDENT: M. Dubost, you stated, I think, that this document implicated Keitel.
M. DUBOST: It is signed byKeitel, sir.
THE PRESIDENT: Signed by him, yes, but how does it implicate him in the affair of Oradour?
M. DUBOST: Mr. President, the French Commission, called on many occasions by the Vichy Government, brought to the attention of the German Government not only the atrocities of the Oradour but numerous other atrocities. Orders were given, so that these facts constitute absolute reality not merely in the eyes of the French but in the eyes of all those who have objectively inquired into the problem. This should be examined for the purpose of refuting part of the reproaches of the condemnation. This letter is the protest formerly lodged by the French, and we read part of it before you in the course of this examination of the problem, specifically, the fact noted in the letter of General Bridoux and which shows the assassination of Frenchmen at Marsoulas in the department of Hte.-Garonne, among them fourteen children.
THE PRESIDENT: I think you said that that was the last document you were going to refer to?
M. DUBOST: It is the last document.
THE PRESIDENT: Ten minutes past five. Shall we adjourn? M. Dubost, could you let us know what subject is to be gone into tomorrow?
M. DUBOST: Crimes against humanity, by my colleague M. Faure. If you will allow me to present my conclusion this evening--. Our work has been delayer somewhat this afternoon.
THE PRESIDENT: How long do you think you will take, M. Dubost, to make your concluding statement?
M. DUBOST: I think by five-thirty I shall be through.
THE PRESIDENT: I think perhaps, if it is as convenient to you, we had better hear you in the morning.
M. DUBOST: I am at the orders of the Tribunal.
(Whereupon at 1710 hours the hearing of the Tribunal adjourned to reconvene at 1000 hours, 1 February 1946) Military Tribunal, in the matter of:
The
MARSHAL OF THE COURT: May it please the Court, I desire to announce that defendants Kaltenbrunner and Seyss-Inquart will be absent from this morning's session on account of illness.
M. DUBOST: I have new completed my presentation of facts. This presentation consisted of a wide enumeration of crimes, atrocities, exactions of all sorts, which I deliberately presented to you without any auditory embellishment. Facts are deeply eloquent and are sufficient in themselves.
These facts are, so it seems to me, definitely established. I do not believe that the defense, or even history, even German history, will be able to set aside their essential aspects. They will no doubt be exposed to criticisms. Our evidence was history collected, in a country that is ruined, whose every means of communication had been destroyed by an enemy in flight, in a country where each individual has been more concerned with the preparation of the future than with looking back upon the past, even to exact vengeance, for the future is the life of our children, and the past is but filled with death and destruction. For all of France, for every country in the West, the demands of daily life, the difficulty in preparing better days, once again give its full meaning to the disillusioned statement of the scripture, "Simite mortuos sepellire mortues" ("Let the dead bury the dead"), and that is why in spite of all our efforts, of all our endeavor to prepare the work of justice which France and universal conscience are demanding, that is why we were not able to be more thorough, why errors of details possibly slipped into our work. But the rectification which time and the defense will affect shall be merely accessory. They will not eliminate the fact that millions of men have been deported, famished, exhausted through labor and privation before being put to death like worthless cattle; they will not eliminate the fact that countless innocent creatures have been tortured before being turned over to the executioner.
Rectifications may reiterate certain circumstances of time, sometimes of place, -- they will not change anything in the essential aspect of the facts even if a few details are modified. still complete our task by giving them juridical significance, by analyzing them by references to the law of which they constitute a violation, and by making clear the implications, -- in other words, by fixing the responsibilities of each defendant in respect to the law.
What law shall we apply? ceived, willed, and ordered them as a means of achieving domination through terror, and beyond that as means of extermination pure and simple, these facts constitute a common law crime as much as a violation of the laws and usages of war and of International Law. All of than could therefore be quoted separately as a violation and of an international convention and of a penal prescription of one or the other of our positive internal laws. Even more, all could be called as constituting a violation of a rule of that common law which emerges from each of our own domestic laws as shown by M. de Menthon in his address; of that common law which in the last analysis was proposed by him as being the foundation, as the root of international customs, which beyond the Charter itself is and remains the one guide of your decisions. positive internal jurisprudence chiefly condemns material acts. Now, all of our defendants remained physically divorced from each of the criminal facts which in the ubiquity of their power they multiplied throughout the world. It was their will which commanded, but as Mr. Justice Jackson recalled they never did redden their own hands with the blood of their victims. Therefore, if we were to refer exclusively to our positive jurisprudence -- and specifically to French domestic law -- the defendants could not, in any case, be considered as principle authors, but merely as accomplices "who have provoked the act through abuse of authority or of power." All of that is indeed in contradiction with the idea which each man in our nations has of the guilt of the major war criminals.
responsibility of each of the defendants. This responsibility would appear as merely accessory, where it is, in fact, a principal responsibility; it would appear fragmentary, whereas to be truly determined it must be presented at one single time, and in its entirety, present in their minds, in their intent, and their acts as leaders of the Nazi government who conceived, willed, ordered or tolerated the unfolding of the systematic policy of terrorism and of extermination of which each fact, taken separately as but a single aspect; and is merely a constituting element. Thus a reference purely and simply to common law does not bring us close enough to reality. If it does not omit as such, any of the facts to which guilt attaches, it does leave aside the psychological factor and does not give us a complete conception of the guilt of the accused in a single formula embracing all of reality. which is accepted by civilized nations as the law far relationship among citizens. Profoundly imbued with the concept of individualism this common law is not adequate to meet the requirements of collective life which international morality must determine. That is because once mare this common jurisprudence law which is the foundation of our tradition, has been held static in a cartesian sense, whereas your custom remains enriched by all the dynamism of international penal law. juridical sense the facts which I have presented before you. In creating your tribunal the authors of the Charter limited themselves with establishing the limits of jurisdiction: war crimes, crimes against humanity, crimes against peace; and even then they did not give an exhaustive definition of each of these crimes. Will the Tribunal refer on this point to Article 6, paragraphs B and C of the Charter of the Tribunal. This article merely gives an indicative enumeration. That is because the authoris of the Charter remember that penal international law is still only in the first phase in the birth of a custom, in which law is developed by reaction to fact, and where the judge appears only to save the criminals from individual vengeance, or where law is spoken only by the judge and the penalty rests only on the conscience of the judge.
Thus, the authors of the Charter did abstain from defining for us a fixed mode for qualifications, but reference to common law or on the contrary a custom. They did not say to you:
"You will take the criminal facts submitted to you one by one, and each fact taken separately will be isolated from the other facts, to be defined by reference to a stipulation of any one domestic jurisprudence or to a synthesis of internal law, yielding thus a common jurisprudence."
Nor did they say to you:
"You will take these scattered criminal facts, you will group them together to make of than one single crime, the definition of which, by a broad respective of the rules of common law, will be essentially determined by the single intention or purpose sought, without attempting to seek by anology any precedents in the different domestic laws which apply moreover, to an entirely different subject:
limits of custom and by way of consequence we ourselves have been left free, within the same limitations, we have been left free to propose to you such definition or qualification which may appear to you the most practical, which may appear to you to come closest to the changing reality of facts in their relation with general principles of law and the broad rules of morality which may seem to us to be such as to meet best the demands of human conscience expressed by international public opinion duly enlightened on Hiterlian atrocities and which will in fact remain within the limits of international penal customs. This custom is indeed still in a formulative stage, but if this trial is without precedent, the problems that are being examined in this court have already been posed before the jurists who preceded us have already given them solutions. These solutions constitute precedents, and as such they constitute the first elements of your custom. In his memorandum to the commission on the responsibility of the authors of the war and on sanctions (Peace Conference of 1919-20) Mr. Larnaude, French jurist, spoke as follows:
"Criminal law could not foresee that through a singular defiance of the essential laws of humanity, of civilization, of honor, an army could systematically in consequence of the very instructions of its sovereign yield itself to perpetrate the actions through which the enemy did not hesitate to seek victory without success. Never before than has internal criminal law been able to prepare provisions which would permit the refreshing of such acts. And still one must, in the interpretation of every law, cling to the intention of the law maker...if in a few specific cases particularly auspicious one might succeed in seizing individuals bearing responsibility and of whom the Emperor could, by extention be considered as an coomplice, one would only suceed, and not without difficulty to narrow the responsibility which he bears by limiting such responsibility to a few precise cases..it is a very restrictive approach to the problem of William II; it is equivalent to diminishing it and bring it to the proportions of a criminal case or a court-martial case . . . the higher justice which an anxious world awaits would not thus be satisfied.
Thus, if the German Emperor were judged only as an accomplice or even as co-author of a common law crime, his actions as Chief of State must be considered in conformity with their true juridical character . . ." in the last paragraph of Article 6 of the Tribunal:
"Leaders, organizers, instigators, and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan."
That is, crimes against peace, crimes of war, crimes against humanity. German concept of the "Fuehrertum," which places responsibility on the leaders and on those who are at the beginning with the leaders, at their very source of impulses. the Charter of 8 August and Article 6 of the Charter of your Tribunal, by respecting the rules of common law defined by the Chief of our delegation, M. de Menthon and by following the custom, the international custom, which is now beginning to develop in the field of international penal law, to require of your Tribunal to declare allthe defendants guilty of having in their role as principle Hitlerian leaders of the German people, conceived, willed, ordered or merely tolerated by their silence that assassinations or other inhuman acts should be systematically committed, that violent treatment should be systematically imposed on Prisoners of War or on civilians, that devastations without justification should be systematically committed as a deliberate instrument for the accomplishment of their purpose of dominating Europe and the world through terrorism and of exterminating entire population in order to extend the living-space of the German people.
having taken part in the execution of this design by ordering the seizure and the execution of hostages, in violation of Article 50 of the Convention of the Hague which prohibits collective sanctions and reprisals. and Ribbentrop guilty of having taken part in the execution of this plan. death followed of members of the resistance. part in the execution of this plan by exposing the health and the lives of Prisoners of War notably by submitting them to privations and hard treatments by exposing them or by attempting to expose them to bombings or other risks of war. taken part in the execution of this plan, by ordering personally or by provoking the formulation of orders which tendered to achieve the terroristic assassinations or the lynching by the population of certain combatants, more specifically of airmen and members of Commando groups as well as the terroristic assassination or the slow extermination of certain categories of Prisoners of War. by proscribing the deportation of innocent civilians and by applying to some of them the "N.N." regime which designated them to extermination. by ordering the arrest with the view of deportation of the Jews in Denmark. Hess guilty of having taken part in the execution of this plan, by justifying the extermination of the Jews or by establishing a statute to be applied to them with a view to their extermination.
control of the State Police. by tolerating and approving fatal physiological experiments on the effect of cold, increasing or decreasing pressure, which experiments were conducted by Professor Rascher with material provided by the Luftwaffe and controlled by Prof. Rascher, in the concentration camp of Dachau on deportees who were involuntary subjects for the said experiments, and as a chief he associated himself with these experiments. under inhuman conditions in the armament factories of the Luftwaffe. by employing in large numbers the internees for exhausting labor under inhuman conditions in the armament factories. by participating in the extermination of internees in concentration camps. we associate ourselves with the conclusions of our British and American colleagues. in accordance with the stipulation of Article 9 of the Charter of your Tribunal, to find the OKW and the OKH guilty of the execution of this plan by having ordered and participated in the deportation of innocent civilians from the occupied countries in the West.
plan by participating in the formation of the doctrine of hostages as a terroristic means and by prescribing the seizure and execution of hostages in the countries of the West, by bringing to a degrading level the material conditions of living of Prisoners of War, by depriving the latter of the guarantees granted them by international custom and by positive international law, by ordering or by tolerating the employment of Prisoners of War in dangerous labor or in labor directly connected with military operations. By ordering the execution of escaped prisoners or prisoners attempting to escape and the execution of numerous groups of commandos, by giving the SS and SD directives for the extermination of airmen. plan. for exhaustive labor under inhuman conditions in the armament factories of the Luftwaffe. effect of cold, increasing or decreasing pressure, which experiments were carried out for the benefit of the Luftwaffe and conducted by Dr. Rascher, a doctor of the Luftwaffe, who was attached to the concentration camp at Dachau. having deported and participated in the deportation of innocent civilians from the occupied countries in the West and by having tortured them and exterminated them by every means in concentration camps. plan by having given direct orders for the execution or the deportation with a view to their slow extermination; of members of commando groups, airmen, escaped prisoners; those who refused to accept forced labor, or those who were rebellious against the Nazi order; by forbidding any repression of acts of lynching committed by the German population on airmen brought down. having executed without trial members of the resistance.
OKH, in collusion with the SS, the SD, and the Gestapo, guilty of having committed or ordered massacres and devastations without justification. this plan by the deportation of innocent civilians from the countries of the West by the tortures and assassinations which were inflicted on them.
To find the government of the Reich (Reichs Regierung) and the Leadership Corps of the National Socialist Party guilty of having, for the purpose of dominating Europe and the world, conceived, prepared and participated in the systematic extermination of innocent civilians from the occupied countries of the West through their deportation and their assassination in concentration camps, and of having taken part in it. government of the Reich guilty of having for the purpose of dominating Europe and the world through terrorism, conceived systematically and provoked tortures, summary executions, massacres and devastation without cause as described above. Leaders of the Nazi Party guilty of having for the purpose of dominating Europe and the World conceived, prepared and participated in the extermination of combatants who had been brought to their mercy, in the demoralization of extensive exploitations and the extermination of prisoners of war. honor of submitting to you. But a few lessons emerge from these facts. May the Tribunal permit me to state them in conclusion. vanquished, their enslavement and their annihilation through misery, through hunger, and through steel and fire. It is because a message of brotherhood had been given to the world and the world could not forget entirely this message even in the midst of the horrors of war. From generation to generation we observed an effort upward ever since this message of peace had been given. We were confident that it was without any thought of retracing a step, that man had taken the road of moral progress; that formed the part of the common heritage of civilized nations.