dtufail/nuremberg-trials-corpus huggingface dataset:
M. FAURE: The seizure of authority by the German police in Denmark during the period from September 1943 until the liberation was responsible for an extraordinary number of crimes. Unlike other administrations, the police did not act under legal or statutory regulations, but it interfered very effectually in the life of the country by the exercise of orderly and systematic de facto law. I shall have the opportunity of treating certain aspects of this police administration in the fourth section of my brief. For the moment, within the scope of my subject, I should like simply to cite the facts which constitute direct and general violation of sovereignty. In this connection, I believe that it is indispensable that I inform the Tribunal of a quite exceptional event which took place on 19 September 1944. At that date the Germans suppressed the police - I mean the national police of Denmark-and totally abolished this same institution which is naturally indispensable and essential in all states. I am going to read on this point what the government report says, second memorandum, that is to say, still the third book of the file, Page 29. 1 shall begin in the middle of the paragraph, after the first sentence. The extract is to be found in my brief. -I quote: "The fact that the Germans had not succeeded in exerting any influence among the Danish police or among their leaders or in the ranks, was partly the reason why the German military authorities at the end of the summer of 1944 began to fear the police. Pancke explained that General Hannecken himself was afraid that the police, numbering 8,000 to 10,000 well-trained men, might fall upon the Germans in the event of an invasion. In September 1944, believing that an invasion of Denmark was probable, Pancke and Hannecken planned the disarming of the police and the deportation of a part of it. Pancke submitted the plan to Himmler, who consented to it in writing, adding in the letter that the plan had been approved by Hitler. He had moreover discussed the plan with Kaltenbrunner.
M. FAURE: The operation was carried out by Pancke and Bovensiepen, who had discussed the plan with Kaltenbrunner and Muller of the RSHA, and the regular troops aided this operation with the consent of General Hannecken. "At 11 o'clock in the morning of 19 September 1944 the Germans caused a false air-raid alarm to be given. Immediately afterwards, the police soldiers forcibly entered the police headquarters in Copenhagen as well as the police stations 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 in ships, which Kaltenbrunner had sent for this purpose, or in box cars. As has already been said before, the treatment to which they were subjected in German concentration camps was horrible beyond description. In the small country towns 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, ordinary as well as judicial, were suspended. Maintenance of order and public security was left to the inhabitants themselves. "During the last 6 months of the occupation, the Danish nation found itself in the unheard-of situation, unknown in other civilized countries, of being deprived of its police force and the possibility to maintain order and public security. This state of affairs might have ended in complete chaos if the respect for the law and the discipline of the population, strengthened by the indignation at this act of violence, had not warded off the most serious consequences." Despite the bearing of the Danish population, the absence of the police during these last 6 months of the occupation naturally resulted in a recrudescence of all forms of criminality.
M. FAURE: You can get an idea of this if you consider-and that detail will suffice-that the premiums of insurance companies had to be raised to 480 percent-it says so in the report-whereas previously they were limited to half of the normal rate. We are justified in considering that the crimes committed under these conditions involved the responsibility of the German authorities who could not fail to foresee and who accepted this state of affairs. We see here further proof of the total indifference of the Germans to the consequences arising from decisions taken by them to suit their ends at the time. Finally, I should like to conclude this section on Denmark by quoting to the Tribunal a passage from a document which I shall present as Exhibit Number RF-902. This document belongs to the American documentation under the Number 705-PS, but it has not yet been submitted, and I should like to read an extract, one quotation, which seems to me to be interesting. This is a report drawn up in Berlin on 12 January 1943, and concerns a meeting of the SS Committee of the Research Institute for Germanic Regions (Ausschuss der Arbeitsgemeinschaft fur den Germanischen Raum). At this meeting there were present 14 personages of the SS. This report contains a special paragraph which concerns Denmark. Other paragraphs of the same document are of interest in connection with the section which will follow this. Therefore, in order to avoid having to refer to this document twice, I shall, read the whole of the passages which I should like to submit as evidence. I start on Page 3 of the document, towards the end of the page. "Norway. In Norway the Minister Fuglesang meanwhile has become the successor to the Minister Lunde, who has been killed in an accident. Despite the promises made by Quisling's party, Norway may not be expected to furnish an important quota. "Denmark. In Denmark the situation is extremely encouraging on account of the taking over of power by SS Gruppenfuehrer Dr. Best. We may be convinced that the SS Gruppenfuehrer Dr.
M. FAURE: Best will furnish a classical example of the ethnical policy of the Reich. The relations with the Party Leader Clausen have recently become difficult. Clausen agreed only to the project for the establishment of a Front Combatant Corps as a preliminary to the Germanic Schutzstaffel in Denmark, on the condition that members of this corps will be barred from membership to the Party. Negotiations about this urgently needed central organization of front combatants are going on. the monopoly of the Party is untenable; all rejuvenating elements must be mobilized although Clausen personally has to stand in the foreground but without his clique. "Netherlands. In the Netherlands Mussert has in the meantime been proclaimed Fuehrer of the Dutch people by the Reich Commissioner, Seyss-Inquart. This measure has produced an ext remely disquieting effect in other Germanic countries, particularly in Flanders. The decisive role again falls to the General Commissioner whose principle of exploiting Mussert and then dropping him cannot be accepted under a Germanic Reich policy as approved by the SS. "Flanders: In Flanders the development of the VNV (the Flemish National Movement) continues to be unfavorable. Even the shrewd policy of the new leader of the VNV, Dr. Elias, can no longer deceive us about this. Besides, he once expressed the opinion that Germany was prepared to make concessions in ethnological policy only when she was in bad straits." This information is quite characteristic. In the first place, it is firmly established that the Germanic regions should include Norway, Denmark, the Netherlands, and Flanders. Naturally I speak only of the western countries. In the second place, we clearly see how the Germans used the Nazi-inspired local parties as an instrument for the usurpation of sovereignty. In the third place, we see it is quite true that the German diplomatic agents were also instruments for this policy of usurpation and completely exceeded their normal functions.
M. FAURE: In the fourth place, the document confirms the interdependence which existed between the different agents of German interference, which we stressed a short time ago and on which we cannot lay too much emphasis. The case of Dr. Best is a good example. Dr. Best was a minister with plenipotentiary powers; therefore, he was a diplomatic agent. We have seen that this same Dr. Best was previously an agent of the military administration in France, and we see by this document that besides his being a Plenipotentiary Minister he is a General in the SS, and in this capacity, so the document- states, he seized power in Denmark. The information contained in the document concerning Norway and the Netherlands is a transition for the following part of this section, and I ask the Tribunal to take the file entitled, "Norway and the Netherlands." The institution of Reich Commissioner was applied in Norway and in the Netherlands, and in these two countries only; it constitutes a definite concept in the general plan of Germanization, in which these two countries occupy parallel positions. In both cases the establishment of the civil administration followed hard upon the military occupation of the country. The military men, therefore, did not have to take over the administration, and during the few days which preceded the appointment of the Reich Commissioner, they confined themselves to measures concerning order. In Norway the decree of 24 April 1940 appointed Terboven as Reich Commissioner. This decree is signed by Hitler, Lammers, and the Defendants Keitel and Frick. In Holland the decree of 18 May 1940 appointed the Defendant Seyss-Inquart as Reich Commissioner. This decree is signed by the same persons as the preceding decree, and it bears in addition the signatures of. Goering and Ribbentrop. The decrees appointing the Reich-Commissioners also defined their functions as well as the division of the functions between the civil commissioner and the military authorities. I am not submitting these two decrees as documents since they are direct acts of German legislation.
M. FAURE: The decree concerning Norway provides in its first article: "The Reich Commissioner has the task of safeguarding the interests of the Reich, and of exercising supreme power in the civil domain."-The decree adds-"The Reich Commissioner is directly under me and receives from me directives and instructions." As far as the division of functions is concerned, I give the text of Article 4, "The Commander of the German troops in Norway exercises the rights of military sovereignty. His orders are carried out in the civil domain by the Reich Commissioner." This decree was published in the Official Gazette of German Decrees for 1940, Number 1. The same instructions are given in a similar decree of 18 May 1940 concerning the Netherlands. The establishment of Reich Commissioners was accompanied at the beginning by some pronouncement intended to reassure the population. Terboven proclaimed that he intended to limit, as much as possible, the inconveniences and costs of the occupation. This is in a proclamation of 25 April 1940 which is in the Official Gazette, Page 2. Likewise, after his appointment, the Defendant Seyss-Inquart addressed an appeal to the Dutch people. This is to be found in the Official Gazette for Holland for -1940, Page 2, and in it he expressed himself as follows-he starts off with a categorical phrase: "I shall take all measures, including those of a legislative nature, which will be necessary for carrying out this man date"-and he says also-"it -is my will that the laws in force up to now shall remain in force and that the Dutch authorities shall be associated with the carrying out of government affairs and that the independence of justice be maintained." But these promises were not kept. It is evident that the Reich Commissioner was to become in Norway and in Holland the principal instrument for the usurpation of sovereignty. He -was to act, however, in close relation with a second instrument of usurpation, the National Socialist organization in the country.
M. FAURE: This collaboration of the local Nazi Party with the German authority, represented by the Reich Commissioner, took perceptibly different forms in each of the two countries under consideration. Thus, the exercise of power by the Reich Commissioner presents in itself differences between Norway and Holland which were more apparent than real. In both countries the local National Socialist Party existed before the war. It grew and was inspired by the German Nazi Party and had its place in the general plan of war preparations and the plan for Germanization I should like to give some information concerning Norway. The National Socialist Party was called "Nasional Samling." It had as leader the famous Quisling. It was a perfect imitation of the German Nazi Party. I submit to the Tribunal as Document Number RF-920, the text of the oath of fidelity subscribed to by members of this Nasional Samling Party. I quote: "My pledge of allegiance: I promise on my honor: "1. Unflinching allegiance and loyalty towards the National Socialist movement, its idea, and its Fuehrer."-This is the third page of the Document RF-920. "2. To stand up energetically and fearlessly for the cause, always to offer reliability and loyal discipline at my work, and to do all I can in order to acquire the knowledge and abilities which my work for the Movement demands. "3. To the best of my abilities to live in compliance with the National Socialist concept and to show solidarity, understanding, and good comradeship to all my companions. "4. To obey any orders given by the Fuehrer or by his appointed officials insofar as such orders are not in disagreement or do not violate the directions of the Fuehrer "5. Never to reveal to unauthorized persons details of NS methods of work or anything detrimental to the Movement. "6. At all times to make.
M. FAURE: the utmost effort to contribute to the progress of the Movement, and to the achievement of its purpose, and to play the part in the fighting organization which I have undertaken to do under promise of fidelity, quite conscious that I should be guilty of an unworthy and vile act if I broke this promise. "7. If circumstances should make it impossible for me to continue as a member of the fighting organization, I promise to withdraw in a loyal manner. I shall remain bound by the vow of secrecy which I made and I shall do nothing to harm the Movement. Our aim. The aim of the Nasional Samling is: A new state, a Norwegian and Nordic fellowship within the world community, organically constructed on the basis of work, with a strong and stable administration, a combination of common and private weal." This party therefore conforms completely to the Leadership Principle and while it shows a Norwegian facade, it is nothing but a facade. In fact on the very day of the invasion the Nazis imposed the establishment of an alleged Norwegian Government, presided over by Quisling. At that time the Norwegian Supreme Court appointed a board of officials who were to be invested, under the title of Administrative Council, with powers of higher administration. This Administrative Council constituted therefore, in the exceptional circumstances in which it was set up, a qualified authority for representing the legitimate sovereignty, at least in a conservative way. It functioned only for a short time. By September the Nazis found that it was not possible for them to obtain the participation or even passive acceptance of the Administrative Council and of the administrators. They themselves then appointed 13 commissioners, of whom 10 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 on 1 February 1942. At that date Quisling returned to power as Minister President, and the commissioners themselves assumed the title of ministers.
M. FAURE: This situation lasted until the liberation of Norway. Thus, except for a few months in 1940, the Germans completely usurped all sovereignty in Norway. This sovereignty was divided between their direct agent, the Reich Commissioner, and their indirect agents, first called State Councillors and then the Quisling Government, but always an emanation of National Socialism. There is no doubt whatever that the independence of these organizations vis-a-vis the German authorities was absolutely nil. The fact that the second organization was called a government did not mean a strengthening of its autonomous authority. These were merely differences of form, the nature of which I shall point out to the Tribunal. I submit, in this connection, two documents, Documents RF-921 and RF-922. By comparing these two documents you will see that what I have just affirmed is correct. These two documents are instructions addressed by the Reich Commissioner to his offices concerned with legislative procedure. Document Number RF-921 is dated 10 October 1940; that is the very beginning of the period of the State Councillors. I quote an extract from this document, "All the decrees of the State Councillors must be submitted to the Reich Commissioner before publication." This is to be found in the second paragraph. It is the only point which I should like to bring out in this document. Therefore all the decrees of the higher Norwegian administration were under the control of the Reich Commissioner. The second document, Document Number RF-922, is dated 8 April 1942. It relates to the period shortly after the establishment of the second Quisling Government. I start at the second sentence of this document: "In view of the formation of the National Norwegian Government on I February 1942 the Reich Commissioner has decided that from now on this form of agreement" a prior agreement in writing-"is no longer required.
M. FAURE: Nevertheless, this modification of formal legislative procedure does not mean that the Norwegian Government may proclaim laws and decrees without the knowledge of the competent department of. the Reich Commissioner. His Excellency, the Reich Commissioner, expects every department chief to acquaint himself, by close contact with the competent Norwegian departments, with an legislative measures which are in preparation, and to find out in each case whether these measures concern German interests, and to assure himself, if necessary, that German interests will be taken into consideration." Thus, in the one case, there is a formal control with written authorization. In the other case there is a control by information among the different departments, but the principle is the same. The establishment of local authority under one form or under another form was merely a means of finding out the best way of deceiving public opinion. When the Germans put Quisling, into the background, it was because they thought the State Councillors, being less well-known, might more easily deceive the public. When they returned Quisling, it was because the first maneuver had obviously failed and because they thought that perhaps the official establishment of an authority qualified as governmental would give the impression that the sovereignty of the country had not been abolished. One might, however, wonder what was the reason for these artifices and why the Nazis used them, instead of purely and simply annexing the country. There is a very important reason for that. It operates for Norway and it will operate for the Netherlands. The Nazis always preferred to maintain the fiction of an independent state and to gain a definite hold from within by using and developing the local Party. It is with this end in view that they granted the Party in Norway advantages of prestige; and if they did not act in an identical manner in Holland, their general conduct was, however, imbued with the same spirit.
M. FAURE: This policy of the Germans in Norway is perfectly illustrated by the Norwegian law, or so-called Norwegian law, of 12 March 1942, (Norwegian Official Gazette, 1942, Page 215, which I offer in evidence ,as Document Number RF-923). I quote: "Law concerning the Party and the State, 12 March 1942, Number 2. "Paragraph 1. In Norway the Nasional Samling is the fundamental party of the State and closely linked with the State. "Paragraph 2. The organization of the Party, its activity, and the duties of its members are laid down by the Fuehrer of the Nasional Samling. "Oslo, 12 March 1942"-signed-"Quisling, Minister President." On the other hand, the Nazis organized on a large scale the system of the duplication of functions which existed among the higher authorities. In fact, it is the transposition of the German system, which shows a constant parallelism between the state administration and the party organizations. Everywhere German Nazis were installed to second and supervise the Norwegian Nazis who had been put in official positions. As this point is interesting from the point of view of seizure of sovereignty and of action taken in the administration, I think I may submit two documents, which are Documents RF-924 and RF-925. These are extracts of judicial interrogations by the Norwegian Court of two high German officials of the Reich Commission at Oslo. Document Number RF-924 refers to the interrogation of Georg Wilhelm Muller, interrogation dated 5 January 1946. Wilhelm Muller was the Ministerial Director in the Ministry for Public Enlightenment and Propaganda. The information which he gives concerns more particularly the functioning of the Propaganda service, but similar methods were used in a general way, as this statement admits. I quote Document RF-924: "Question: 'In 1941 nobody in your country thought that military difficulties would arise.
M. FAURE: At that time they certainly tried to mold the Norwegian people along Nationalist Socialist lines?' "Answer: 'They did this until the very end.' "Question: 'Which were the practical measures for achieving this National Socialist molding?' "Answer: 'They supported the NS Samling as far as possible; and they did it, in the first place, by strengthening the Party organization considerably.' " I may point out that this translation into French is not first rate; it is, however, comprehensible. "Question: 'In what way was it strengthened?' "Answer: 'In each Fylke"'-or province-" 'picked German National Socialists were assigned to aid the Norwegian National Socialists.' "Question: 'Were there other practical measures?' "Answer: 'That was done in all domains, even in the field of propaganda, by the Einsatzstab propagandists placed at their disposal. This was also done in Oslo at the central offices of the NS Samling.' "Question: 'How did these propagandists work?' "Answer: 'They worked closely with similar Norwegian propagandists and made suggestions to them. Grebe did this by virtue of his double capacity as Chief of Propaganda in the Reichskommissariat and Chief of the Landesgruppe.' "Question: 'How was this done?' "Answer: 'These consultations and conferences were even arranged for the very top of the Party hierarchy. There was a man who was specially appointed for this; first Wegeler, then Neumann, then Schnurbusch, who had the task of strengthening National Socialist ideas within the NS Samling.' "Question: 'In the Einsatzstab there were experts from the different branches whose task it was to contact Norwegians and give them useful advice. In what domains?' "Answer: 'There were organizers, and above all instructors for the Hird, leaders of the SA and SS.
M. FAURE: Until he, himself, became leader of the Einsatzstab, we had at the head a press man, a propagandist, Herr Schnurbusch, an accountant, an expert on social welfare questions in the same way as in the NSV in Germany."' The Tribunal will notice in this document the name of Schnurbusch, as being that of the leader of the Einsatzstab, and of the organism for liaison with, and penetration into, the local Party. I am now going to quote an extract from the interrogation of :Schnurbusch, which is found in Document Number RF-925.
THE PRESIDENT: Are you putting these documents in?
M. FAURE: Yes, Mr. President.
THE PRESIDENT: Will you say, for the purposes of the shorthand note, that you offer them in evidence?