dtufail/nuremberg-trials-corpus huggingface dataset:
M. FAURE: Will you excuse me? I should like to point out that I submit as evidence Document Number RF-925 as well as Document Number RF-924 of which I spoke just now. This is from the interrogation of Heinrich Schnurbusch, leader of the liaison service in the Reich Commission on 8 January 1946 in Osio: "Question: 'How did the German departments try to achieve this National Socialist conversion?' " I wish to point out to the Tribunal that I have passed over 'the first three questions as they are not of much interest. "Answer: "We sought to strengthen this movement by the means which we were accustomed to apply in Germany for leading the masses. The Nasional Samling benefitted by having at their disposal all the means of news service and propaganda. But we soon saw that the object could not be achieved. After 25 September 1940 the public mood in Norway changed suddenly when some State Councillors were appointed as NS State Councillors, for Quisling's action in the days of April 1940 was considered treason by the Norwegian people.' "Question: 'In what way did you assist materially the NS Samling in this propaganda? In what way did you counsel the NS Samling?' "Answer: 'During the time I was in office, when a propaganda drive was made, it was always brought-into line with the propaganda which the Germans made in Norway! "Question: 'Did you issue any directives for the NS Samling?' "Answer: 'No. In my time the NS Samling worked independently in this respect, and partly even contrary to our advice. The NS Samling took the view that it understood better the Norwegian mentality, but it made many mistakes.' "Question: 'Was financial support given?' "Answer: 'Certainly, financial help was given, but I don't know the exact amount.' "
THE PRESIDENT: Shall we adjourn for 10 minutes? [A recess was taken.]
M. FAURE: I should like first of all to point out to the Tribunal that, with its permission, I shall examine this afternoon the Witness Van der Essen concerning whom a formal request has already been submitted.
THE PRESIDENT: Yes, M. Faure.
M. FAURE: This witness can then be called at the beginning of the afternoon session. The observations which I have just presented had to do with Norway. In the Netherlands, unlike what happened in Norway, the Nazis did not utilize the local Party as an official instrument of government. The governmental authority was completely in the hands of the Reich Commissioner who set up a sort of ministry, including four German General Commissioners, respectively competent for government and justice, public security, finance, and economic affairs, and special affairs. This organization was created by a decree of 3 June 1940 (Official Gazette for Holland, 1940, Number 5). I point out that, as the Dutch Official Gazette has already been submitted in evidence to the Tribunal, I shall not again submit each of these texts, which are a part of it. I shall, therefore, simply ask the Tribunal to take judicial notice of them and to consider them as proved. The holders of the posts of General Commissioners were appointed by the decree of 5 June 1940. The local authorities were represented at the higher level only by the Secretaries General of the Ministries, who were entirely under the authority of the Reich Commissioner and of the General Commissioners. The decree of 29 May 1940, which is in the Dutch Official Gazette, 1940, Page 8, lays down in its first article: "The Reich Commissioner will exercise the powers invested until now in the King and the Government ...... And in Article 3: "The Secretaries General of the Dutch ministries are responsible to the Reich Commissioner." If the Nazi Party did not constitute the Government, it nevertheless received the official blessing. I shall quote to the Tribunal in this connection the decree of 30 January 1943, which likewise is in the Dutch Official Gazette, 1943, Page 63. 1 read the following passage: "The representative of the political will of the Dutch people is the National Socialist movement of the Netherlands.
M. FAURE: I have, therefore, decreed that all the German offices under my orders, of the administration and those of the National Socialist movement, shall maintain close contact with the leader of the Movement in order to assure the co-ordination of the tasks in carrying out important administrative measures and particularly for all matters concerning personnel." The Tribunal knows already, for it is common knowledge, and insofar as it might be necessary through the -witness who hag already been heard, how outrageously untrue it was to claim that the Dutch National Socialist Party represented the political will of the people of this country. Having commented on these two forms of utilization of the local party as agents of sovereignty, I should now like to point out to the Tribunal the main features of these usurpations which were committed by the Germans. A first line of action is exemplified by the attempt to induce the occupied countries to participate in the war or, at the very least, to initiate recruitment for the German Army. In Norway the Nazis created the "SS; Norge," a formation which later was called the "Germanske SS Norge." I submit as evidence Document Number RF-926, which is the decree of 21 July 1942, concerning the "Germanske SS Norge," and I quote Paragraph 2 of this decree, which is a Quisling decree. "2. 'The Germanske SS Norge' is a National Socialist order of soldiers which shall consist of men of Nordic blood and ideas. It is an independent subdivision of the Nasional Samling, directly under the NS Foerer (NS Leader) and responsible to him. It is, at the same time, a section of the 'Stor-Germanske SS"'-the SS of Greater Germany-"and shall help to lead the Germanic peoples towards a new future and create the basis of a Germanic fellowship." We see again, by this example, that the interventions of the so called Norwegian Government are perfectly obvious methods of Germanization.
M. FAURE: In order to facilitate the recruiting into this legion, the German or Norwegian Nazis did not hesitate to upset the civil legislation and to abolish the abiding principles of family rights by making a law which exempted minors from having to obtain the consent of their parents. This is a law of 1 February 1941, Norwegian Official Gazette, 1941, Page 153, which I submit in evidence as Document Number RF-927. In the Netherlands the Germans were obliged to upset even more the national legislation in order to permit military recruitment. As they did not create a factitious government and as the legitimate government was still at war with the Reich, the volunteers came under Articles 101 and the following articles of the Dutch penal code, which punished those enlisted in the army of a foreign power at war with the Netherlands and likewise those who give aid to the enemy. By reason of the de facto occupation of the country. there was little chance of these penalties being effectively applied, but it is very curious and very revealing that the Reich Commissioner issued a decree of 25 July 1941, Dutch Official Gazette, 1941, Number 135. This decree states that the taking of Dutchmen for service in the German Army, the Waffen-SS, or the Legion of Netherlands Volunteers does not bring them under the provisions of the penal texts mentioned above, and this decree is declared retroactive to 10 May 1940. It is therefore very convenient, when one commits a criminal act according to the general code, to be able to modify the law to suppress the crime in question. Another decree of 25 July 1941, Official Gazette for 1941, Page 548, stipulates that enrollment in the German Army will no longer involve loss of Dutch nationality Finally, a decree of 8 August 1941, Official Gazette for 1941, Page 622, declares that the acquisition of German nationality no longer entails the loss of Dutch nationality except in cases of express renunciation.
M. FAURE: Although this last text seems to bring out a point of detail, it may be regarded as an initial attempt to create later a double Dutch and German nationality, which will fit into the general procedures for the advancement of the whole plan of Germanization. In regard to these measures for military recruitment, I should like to state precisely the attitude of the Prosecution as a result of the examination and cross-examination of the witness, Vorrink, who was heard on Saturday. The Prosecution, does not consider that the criminal character of this military recruitment is established only by the fact of having recruited persons by force or by pressure upon their will. This pressure and this constraint are an aggravating and characteristic aspect but not a necessary aspect of the criminal action which we reprehend, The fact of having recruited persons, even on a voluntary basis, in the occupied countries for service in the German Army, is considered by us as a crime. This crime is moreover punishable under the internal legislation of all these countries, whose legislation covers such acts as those committed in these countries, in accordance with the rules of law in matters of legislative competence. It is even relatively of small importance, except for knowing all the details, whether the recruiting of traitors was favored or not by particular pressure according to the situation in which these traitors found themselves. I should like also to indicate in a more general way, that the Prosecution does not consider that the recruiting of traitors, either for service in the Army or in other activities, is for the Nazi leaders an extenuating circumstance or an exonerating one. On the contrary, it is one of the characteristics of their criminal activity; and the responsibility of the traitors in no way exempts them from responsibility.
M. FAURE: On the contrary, we hold against them this corruption which they attempted to spread in the occupied countries by appealing to those elements of weak morality which may be found in the population of a country and by instilling in the mind of each person the thought of possible immoral and criminal activity against his country. This was a first line of action for German usurpation: namely, the enrollment of troops. A second general line of action is identified with the whole of the measures designed to abolish civil liberties and to set up the Leadership Principle. I shall quote some of these measures by way of example. In Norway, suppression of political parties, German decree of 25 September 1940, which is in the Official Gazette for 1940, Page 19; a decree forbidding all activity in favor of the legitimate dynasty, decree of 7 October 1940, in the Official Gazette for 1940, Page 10; the guarantees under the statutory rules for officials were suppressed, they could be transferred or dismissed for political reasons, German decree of 4 October 1940, Page 24. Finally, a Norwegian law of 18 September 1943, setting up a characteristic institution, that of departmental chief representing the Party, and responsible to the Minister President and to no other authority of the State (Document Number RF-928). He exercised in the department the supreme political control over all public authorities of the department. All professions came under the system of compulsory membership with application of the Leadership Principle. In Holland we likewise observe the suppression of elected bodies, decree of 11 August 1941, Official Gazette for 1941, Page 637, which confirms the decree of 21 June 1940, Official Gazette for 1940, Page 54; the dissolution of political parties, decree of 4 July 1941, Official Gazette for 1941, Page 583; creation of the Labor Front, decree of SO April 1942, Official Gazette for 1942, Page 211; setting up of the Peasant Corporation, decree of 22 October 1941, Official Gazette for 1941, Page 838.
M. FAURE: I have given only a few examples of this principle; and to conclude I shall quote a decree of 12 August 1941, Official Gazette for 1941, Page 34, which created a special judicial competence for all offenses and infringements committed against political peace and against political interests, or committed for political motives. In fact, the justices of the peace charged with exercising these oppressive powers were always chosen from among the members of the Nazi Party. Finally a third line of action in this campaign of usurpation can be defined as a systematic campaign against the elite of the country and against its spiritual life. In fact it is always in this sphere that the Nazis met with the greatest resistance to their designs. They attacked the universities and teaching establishments. In Holland a decree of 25 July 1941, Official Gazette for 1941, Page 559, gives the administration the right to close arbitrarily all private institutions. In the Netherlands the University of Leyden was closed on 11 November 1941. By a decree of the Reich Commissioner of 10 May 1943, Official Gazette for 1943, Page 127, the students were forced to sign a declaration of loyalty drawn up in the following terms: "The undersigned - - - - - - - - hereby solemnly declares on his word of honor that he will conscientiously conform to the laws, decrees, and other dispositions in force in Dutch occupied territory and will abstain from any act directed against the German Reich, the German Army, or the Dutch authorities, or engage in any activity which might imperil public order in the higher teaching institutions in view of the present circumstances and danger." In Norway rigorous measures were taken against the University of Oslo. I offer in evidence Document Number RF-933. I point out to the Tribunal that this is not in strict order and that Document Number RF-933 is the last in the document book. This Document Number RF-933 is an article in the Deutsche Zeitung of I December 1943, reproduced in a Norwegian newspaper.
M. FAURE: It is entitled, "A Cleaning-Up Measure Necessary in Oslo; Purge in the Student World." I shall read only a few paragraphs of this article. I begin with the second paragraph: "The students of the University of Oslo"-will the Tribunal excuse me. I shall read also the first paragraph: "By order of the Reich Commissioner Terboven, the, SS Obergruppenfuehrer and General of the Police Rediess made the following announcement to the students in the lecture room of the University of Oslo on T uesday afternoon: "The students of the University of Oslo have attempted to offer resistance to the German Army of occupation and to the Norwegian Government recognized by the Reich, since the occupation of Norway, that is, since 1940." I shall end the quotation here, and continue at Paragraph 5: "In order to protect the interests of the occupying power and to assure maintenance of peace and order within this country, rigorous measures are indispensable. Therefore, by order of the Reich Commissioner, I have to make known to you the following: "1. The students of the University of Oslo will be transferred to a special camp in Germany. "2. The women students will be dismissed from the University and must return by the quickest means to their original place of residence, where they will immediately report to the police. Until further notice they are forbidden to leave these places without permission from the police." I break off the quotation here and continue at the last paragraph but one, on the second page of this Document Number RF-933: "You ought to be thankful to the Reich Commissioner that other much more Draconian measures are not being applied. Moreover, thanks to this measure, most of you have been saved from forfeiting your life and wealth in the future." As concerns religious life, the Germans multiplied their harassing methods. By way of example, I offer in evidence Document Number RF-929, which I shall read: "Oslo, 28 May 1941: To the Commanders of the Sipo and the SD in Bergen, Stavanger, Trondheim, Tromosoe.
M. FAURE: Subject: Surveillance of Religious Services during the Whitsuntide Feasts. Incidents: none. "It is requested that you watch the religious services and send in a report here on the result. "BDS"-commander-"of the Sipo and the SD. Oslo. Signature: (illegible) SS Hauptsturmfuehrer." Now here is the report following this order to watch the church services. I offer this report in evidence as Document Number RF- 930. I shall read this document, which is very short. "Trondheim, 5 June 1941. "The surveillance of religious services during the Whitsuntide Feasts showed no new essential points. Domprobst Fjellbu adheres to his provocative preaching, but so cleverly that he is able to excuse every phrase as applied to religious subjects and void of any political meaning." The rest of the letter is partly burned. Finally I should like, in order not to dwell on this matter too long, to quote two examples which show, on the one hand, the constant immorality of the German methods and, on the other hand, the justified protests to which they gave rise on the part of the most qualified authorities. The first example concerns the Netherlands. The Dutch magistrates were roused to righteous indignation by the German practice of arbitrary detentions in concentration camps. They found the opportunity of making known their disapproval in a manner which came within the normal exercise of their juridical functions. Thus, in connection with a particular case, the Court of Appeal at Leeuwarden rendered a decision of which I wish to read an extract to the Tribunal. This is submitted as Document Number RF-931.
M. FAURE: I shall read to you an extract from this document: "Whereas the Court cannot declare itself in agreement in the matter of the penalty inflicted upon the accused by the Chief Judge and his presentation of motives, the Court is of the opinion that this penalty should be determined as follows: "Whereas as regards the penalty to be inflicted: "The Court desires to take into account the fact that for some time various penalties of detention inflicted by the Dutch Judge upon delinquents of masculine sex, contrary to legal principles and contrary to the intention of the Legislator and of the Judge, have been executed, or are being executed in camps in a manner which aggravates the penalty to a degree such as it was impossible for the Judge to foresee or even to suppose when determining the degree of the punishment. "Whereas the Court, taking into account the possibility of this manner of executing the penalty to be inflicted at present, will abstain, for conscience sake, from condemning the suspect to a period of detention in conformity, in this case, with the gravity of the offense committed by the defendant, because the latter would be exposed to the possibility of an execution of the penalty as indicated here above. "Whereas the Court, on the strength of this consideration, will -confine itself to condemning the suspect to a penalty of detention to be determined hereafter, after deducting the time spent by him in preventive detention, and the duration of which is such that the penalty at the moment of the pronouncing of the penalty will have almost entirely expired during the period of preventive detention." This example is especially interesting, because I now have to indicate that as a result of this decision of the Court of Appeal, the Defendant Seyss-Inquart dismissed the President of the Court by a decree of the 9th of April 1943, which is likewise submitted in evidence under the same document number, RF-931. These two documents constitute a whole.
M. FAURE: "By virtue of paragraph 3 of my decree,"-et cetera-"I dismiss from his office as Counsellor of the Court of Appeal at Leeuwarden, such dismissal to take effect immediately, Doctor of Law F.F. Viehoff."-Signed-"Seyss-Inquart." The second example which I give in conclusion will now be taken from Norway. It is a solemn protest made by the Norwegian bishops. The special occasion which called forth this protest is the following: The Minister for Police had issued a decree, dated 13 December 1940, by which he arrogated to himself the right to suppress the obligation of professional secrecy for priests and provided that priests who refused to break the secrecy of the confession would be subjected to imprisonment by his orders. On 15 January 1941, the Norwegian bishops addressed themselves to the Ministry of Public Education and Religious Affairs, and handed to it a memorandum. In this memorandum they made known their protests against this extraordinary demand by the police and at the same time they protested against other abuses; violent acts committed by Nazi organizations, and illegal acts in judicial matters. This protest of the Norwegian bishops is transcribed in a pastoral letter addressed to their parishes in February 1941. 1 submit it as Document Number RF-932. I should like to quote -an extract from this document on Page 9, top of the page: "The decree of the Ministry of Police, dated 13 December 1940, just published, gravely affects the mission of the priests. According to this decree, the obligation of professional secrecy for priests and ministers may be suppressed by the Ministry of Police. "Our obligation to maintain professional secrecy is not only established by law, but has always been a fundamental condition for the work of the Church and of the priests in the exercise of their care of souls and in receiving the confession of persons in distress.
M. FAURE: It is an unalterable condition for the work of the Church, that a person may have absolute and unlimited confidence in the priest who is unreservedly bound by his obligation to keep professional secrecy, as it has been formulated in the Norwegian legislation and in the regulations of the Church at all times and in all Christian countries. "To abolish this Magna Charta of the conscience is to strike at the very heart of the work of the Church, which is all the more serious because Paragraph 5 of the decree stipulates that the Ministry of Police may imprison the priest in question, in order to force a statement without the case having been submitted to a tribunal." Yet all this was happening during the first year of the occupation. Already the highest spiritual authorities of Norway found themselves in the position of having not only to protest against a particularly intolerable act, but also to, enunciate a judgment upon the whole of the methods of the occupation, which judgment appears on Page 16 of the pastoral, letter, and which I shall read to the Tribunal (last paragraph): "For this reason the bishops of the Church have placed before the Ministry some of the acts and official proclamations about the government of society during these latter times, acts and proclamations which the Church finds in contradiction with the Commandments of God and which give the impression of revolutionary conditions prevailing in the country, instead of a state of occupation by which the laws are upheld as long as they are not directly incompatible with this state of occupation." This is a very correct juridical analysis; and now, if it please the Tribunal, I should also like to read a last sentence which preceded this, on Page 16: "When the public authority of society permits violence and injustice and exercises pressure over souls, then the Church becomes the guardian of consciences.