dtufail/nuremberg-trials-corpus huggingface dataset:
and Treasurer in the Ministry of Finance, Van Tonningen. Van Tonningen was appointed by Seyss-Inquart and acted in the German interest. His acts, like that of civilian administrators in occupied territories generally, must be charged to the occupant. (See infra, Conclusion.) The spirit in which he discharged his duties is sympathetically described by the German Commissar at the Netherlands Bank as follows: "The New President of the Netherlands Bank, Mr. Rost van Tonningen, is, in contrast to a large part of the leadership, penetrated in his movements and his official acts by the greater German thought, and convinced of the necessity of the creation of a greater European economic space. This ideological attitude in itself gives him the correct position on financial and monetary policy questions for his country in relation to the greater German economic space. Furthermore, it makes easier cooperation with my office, a fact which deserves special mention in consideration of the frequently observed passive conduct of the Netherlands agencies before the entrance into office of the new President. I consider as a fortunate solution the fact that the Reichskommissar for the Occupied Dutch Areas has also entrusted Mr. Rost van Tonningen with the Treasury of the Ministry of Finance (Schatzamt des Finanzministeriums). Mr. Rost van Tonningen took over this office at the end of the month of April. Thus there is a guarantee that the financial and monetary policy of the country will be conducted according to unified points of view. (ECR-196) (2) The Nazi conspirators financed exports from the occupied countries to Germany by means of forced loans under the guise of clearing agreements. Belgium The principle of the clearing system is as follows: The importer makes a deposit of the purchase price in his own currency at the national clearing agency of his country, which places the same amount to the credit of the clearing agency of the exporting country. The latter institution then pays the exporter in his own currency. Thus if trade between two countries is unequal the clearing agency of one acquires a claim against the agency of the other which, however, is satisfied only when a shift in the balance of trade
the clearing agency of the exporting country. The latter institution then pays the exporter in his own currency. Thus if trade between two countries is unequal the clearing agency of one acquires a claim against the agency of the other which, however, is satisfied only when a shift in the balance of trade gives rise to an offsetting claim. In the order establishing the German-Belgium clearing, the Belgium clearing agency was the National Bank of Belgium (3608-PS). The administration of the clearing was shortly thereafter transferred to Emission Bank, an organization originally incorporated by Belgian interests pursuant to order of the Military Commander of 27 June 1940 (ECR-24). The change was one in name only, however, since at this time the management of the two banks was substantially identical and the Emission Bank obtained its currency by loan from the National Bank. The Emission Bank was, by its charter terms, subject to orders of the Commissar at the National Bank; the Commissar obtained the same powers over the National Bank by German order of 16 December 1940. (ECR-24) The Belgian total "credit" under the clearing, as of 31 July 1944, amounted to 60,837,000,000 bfrs=4,867,000,000 RM, of which 54,993,000,000 bfrs=4,399,000,000 RM arose from the Belgian-German clearing for goods and services. (ECR-173) The continued increase in the Belgian "credit" was due mainly to "the increasing Belgian export to Germany for which there are only small imports from Germany on the other side of the account." (ECR-149) The entire Belgian credit under the clearing constitutes a forced loan, largely for nonoccupation purposes: (a) The Belgian-German clearing was established by circular of the Reichs Minister of Economics, 4 July 1940 (ECH-6), which was published to the Belgians by proclamation of the Military Commander of 10 July 1940 (EC-604;3608-PS). (b) "Since it was to be foreseen that as the result of the increased deliveries from Belgium to the Reich, which were not matched by opposite accounts, particularly in the early period, the clearing status would develop to the favor of the Emission Bank" (ECR-24), an agreement was signed by the Emission Bank and the German Reichsbank on 16/17 August 1940 under which each undertook to pay out clearing
to the Reich, which were not matched by opposite accounts, particularly in the early period, the clearing status would develop to the favor of the Emission Bank" (ECR-24), an agreement was signed by the Emission Bank and the German Reichsbank on 16/17 August 1940 under which each undertook to pay out clearing transfers immediately (ECR-24; ECH-5). (c) This agreement did not prescribe what must be financed through the clearing; it merely provided for immediate payment of claim arising there under without waiting until the account should be balanced by equalizing of imports and exports. As the Military Commander stated, the German-Belgian clearing was "not regulated by an agreement, but has been regulated unilaterally by my proclamation of 10 July 1940" (EC-604). The Military Commander made clear the absolute power asserted by the German authorities over the Belgian Note Banks (as the Germans described the Emissioin and National Banks). He stated: "The claim made to the Commissar that the Emission Bank is entitled to ask in every case for detailed explanation of compensation payments coming from Germany is incorrect. The clearing activities between Germany and Belgium are not regulated by an agreement but have been regulated unilaterally by my proclamation on July 10, 1940 and are not subject to any Belgian control. Inter-alia the transfer of all payments which have been specially authorized by the Reich Ministry of Economy has been expressly permitted." (EC-604) (d) The commissar freely invoked his directive power over the Note Banks. 1. When, in April 1941, the clearing balance of the Emission Bank exceeded 1,500,000 bfrs the Emmission Bank refused to pay out several large sums arising by virture of German-Belgian "capital" transactions. Thereupon, the Commissar issued an order directing the bank to make the payment. (ECR-24) 2. In December 1941, the Emmission Bank refused to pay out a sum of 43,256,000 RM transferred from Paris. The Commissar thereupon issued an order directing the bank to do so. (ECR-172) 3.In October 1942, the Emmission Bank refused to pay out certain amounts expended for purchases on the Belgian black market. The military administrator, however, "held down the increasing resistance of
of 43,256,000 RM transferred from Paris. The Commissar thereupon issued an order directing the bank to do so. (ECR-172) 3.In October 1942, the Emmission Bank refused to pay out certain amounts expended for purchases on the Belgian black market. The military administrator, however, "held down the increasing resistance of the Note Banks which culminated at the end of October of this year in a public threat of resignation by the Governor of the National Bank, by the heaviest pressure, and forced the Note Banks, while emphasizing his willingness to negotiate on certain Belgian proposals, again to take up the global clearing transfers for German procurement agencies which were cut off for a period" (ECR-132). The nature of this pressure is explicitly shown in the following communication from the Commissar to the President of the Emmission Bank dated 29 October 1942: "The Military Commander has ordered me to inform you of the following: "The requested extension of time for the resumption of business relations with the Armed Forces Clearing Institute (Wehrmachtverrechnungskasse) and for the payment of the arrears of RM 60 million have been denied. An official will determine tomorrow at 10 a.m. whether payment has been made. "Severest measures against you and all responsible parties must be expected in case of failure to pay. "If acts of sabotage occur on the equipment and the values of the National Bank or the Emmission Bank, you and the gentlemen designated on the enclosed list will be held responsible personally and your property will be seized. Your liability is a joint one." (EC-605) France The "credit" balance of the Bank of France under the Franco-German clearing established on 14 November 1940 amounted to 4,400,000,000 RM as of September 1943 (3615-PS). The clearing arrangement was designed, of course, principally for the financing of exports, that is, for purposes not related to the needs of the occupation army. (EC-619) Coercion in the establishment of the Franco-German clearing is readily demonstrable. Extreme pressure was brought to bear, particularly in regard to the rate of exchange established in the agreement, by threatening to cut off communications between "occupied"
the needs of the occupation army. (EC-619) Coercion in the establishment of the Franco-German clearing is readily demonstrable. Extreme pressure was brought to bear, particularly in regard to the rate of exchange established in the agreement, by threatening to cut off communications between "occupied" and "nonoccupied" zones in France (3602-PS; 3603-PS), a step which would have destroyed the last vestige of economic order in France. The harsh terms of the agreement, which required the Bank of France to make immediate payment for exports to Germany regardless of the balance of trade, fixed the rate of exchange at 20 francs to the mark (as compared to 10 to 1 before the war), and gave Germany a unilateral option to cancel at any time, forcibly suggest that the agreement would not voluntarily have been accepted. (EC-619) Holland The clearing system between Holland and Germany was of short duration, being cancelled effective 1 April 1941, when free transfer of Reichsmarks to Holland was introduced. (See infra, D, (5).) It is therefore not deemed of sufficient importance to warrant discussion at this point. (3) The Nazi conspirators unlawfully took over the gold reserve of the National Bank of Belgium and the Netherlands Bank in the interest of the German general war effort. Belgium The gold of the National Bank, deposited with the Bank of France and transferred to Dakar, was brought to Berlin pursuant to German-French "agreement" in the amount of 545,700,000 RM (ECR-149), and there deposited with the Reichsbank in Berlin (ECR-24). Because of the "high demands on gold and foreign exchange" which led to a "considerable straining of the reserves" (EC-401), the "Reich Government felt itself required to lay claim to the gold of the National Bank for the Reich" (ECR-149). A decision to proceed by requisitioning under paragraph 52 of the Hague Regulations (EC-401) was not executed, apparently because of fears on the part of the Reichsbank that title thus acquired would not be recognized (ECR-115). On order of Goering (ECH-5, part 9, Annex XIII), the gold was then "requisitioned on 19 September 1942 by the Oberpraesident of the Province of Mark Brandenburg for the Deputy of the Four-Year Plan, on the basis of the Reich Contribution
that title thus acquired would not be recognized (ECR-115). On order of Goering (ECH-5, part 9, Annex XIII), the gold was then "requisitioned on 19 September 1942 by the Oberpraesident of the Province of Mark Brandenburg for the Deputy of the Four-Year Plan, on the basis of the Reich Contribution Law (Reichsleistungsgesetz) of 1.IX.1939 (Sec. 15, paragraph 1, No. 5, and Sec. 2a)" (ECR-149). Holland As shown above, part of the Dutch "voluntary" contribution to the "war against Bolshevism" was paid in gold. The gold was, in fact, taken from the Netherlands Bank. (EC-401) (4) The Nazi conspirators unlawfully compelled the nationals of the occupied countries to surrender and offer for sale all precious metals and foreign exchange to the local central banks, which delivered them to the German Reichsbank. Belgium By German decree of 17 June 1940 and administrative orders issued pursuant thereto the Belgians were required to surrender gold and foreign exchange notes to the Emmission Bank, which in turn, delivered the loot to the Reichsbank (ECR-24). By May 1943, the Reichsbank had acquired in this fashion gold and foreign exchange of the value of 23,400,000 RM. (ECR-149) Holland Gold and foreign exchange delivered by the Netherlands Bank to the Reichsbank "on the basis of the direction of the Reichsmarshal" (Goering) amounted to 74,000,000 Rm through November 1940. (EC-465) France It is believed that the same practice was followed in France, but evidence as to details has not been found in the German documents presently available. (5) The Nazi conspirators used German Reichsmarks as currency in the Netherlands, for purposes unrelated to the needs of the occupational troops, which currency they caused to be freely exchanged for gulden by the Netherlands Bank. The Nazi conspirators, animated in part by the view that the Netherlands were "akin in blood to the German nation" (3613-PS), sought to promote a "mutual interpenetration of the German and Netherlands economies" through the acquisition by Germans of Dutch participations (EC-468) and Dutch investment in German securities. (ECR-174) To thus end, restrictions on the free transfer of Reichsmark and gulden across the German-Dutch border were removed. Conversations between the Reich
of the German and Netherlands economies" through the acquisition by Germans of Dutch participations (EC-468) and Dutch investment in German securities. (ECR-174) To thus end, restrictions on the free transfer of Reichsmark and gulden across the German-Dutch border were removed. Conversations between the Reich Economics and Finance Ministers in October 1940 let to the first step in this direction, the issuance by the Economics Minister of a Circular (Runderlass) - No. 89/40-which produced substantial changes in the foreign exchange control along the German-Dutch borders (EC-468). This provided, inter-alia, that RM 1,000 or its equivalent in gulden could be taken across the German-Dutch border by travelers or in border trade without permit, and permitted Germans to transfer to Holland up to 5,000 RM per person per month for any purpose except purchase of goods without any permission (EC-468). These relaxations were made effective in Holland by free exchange of Reichsmarks for gulden by the Netherlands Bank, introduced "on the initiative" of the Commissar, and by enforced acceptance of Reichsmark currency by the Dutch business population. (EC-468) The Reichsmarks thus made available in the Netherlands were mainly used to purchase Dutch securities on the stock exchange (EC-468). Permission to make such purchases was extended to a large number of German banks by the German Ministry of Economics. The transfers were made with "reluctance" by the Dutch, in connection with which the Reich Commissar at the Netherlands Bank observed, "it may be pointed out with some justification that an out-payment of gulden made against a Reichsmark credit, which can only result through the burdening of the Netherlands State credit, represents no genuine transfer' (EC-468). Notwithstanding the objections of the then Commissar at the Netherlands Bank (EC-468), circular 87/40 was soon followed by No. 29/41 of 31 March 1941, which abolished almost completely all restrictions on the free use of the Reichsmark in Holland (ECR-197). Circular 29/41 provided that all foreign exchange transactions between Germany and the Netherlands were freed of control, the only important exception being that German investments of more than 100,000 gulden in
1941, which abolished almost completely all restrictions on the free use of the Reichsmark in Holland (ECR-197). Circular 29/41 provided that all foreign exchange transactions between Germany and the Netherlands were freed of control, the only important exception being that German investments of more than 100,000 gulden in Holland required permission of the Reichskommissar in the Netherlands. The clearing agreement was abolished, and payments between Germany and the Netherlands were permitted by simple bank checks, drafts, or postal money orders. A simultaneous order by the Reich Commissar for the Occupied Netherlands Areas lifted all restrictions set by Netherlands foreign exchange law on such transactions (ECR-197). After this "introduction of the free payments traffic" or "removal of the foreign exchange frontiers," payments for exports from Holland were made in Germany "through the accounts of the banks, mainly through the account of the Netherlands Bank, which takes on the exchange into gulden means of payment without further formalities." (ECR-174) This exchange presumably merely continued the practice introduced earlier at the "instigation" of Seyss-Inquart. At all events, the President of the Bank, van Tonningen, was a Nazi agent, and his acts may be charged to the Nazi conspirators. The result of this radical step was this: "Ever since the introduction of free payments traffic the status of the Netherlands Bank is mainly influenced by the taking up of Reichsmarks. On 31 March 1941, the day before the introduction of free payments traffic, the Netherlands Bank had a total stock of about 83 million RM of Reichsmark credits, on 30 April 1941 of about 213 million RM, and on 31 May 1941 of about 366 million RM. Thus, in the two months after the removal of the foreign exchange frontier, it has taken up about 283 million RM, the gulden equivalent, at the rate of RM 132.7 equals florin 100, on the basis of the transfer agreement with the Reichsbank." (ECR-174) Thus the Netherlands Bank was caused to pledge its credit (in the form of Dutch currency) in exchange for a Reichsmark credit. In this manner the Nazi conspirators were enabled to exact from the bank a loan unlimited in quantity and
the basis of the transfer agreement with the Reichsbank." (ECR-174) Thus the Netherlands Bank was caused to pledge its credit (in the form of Dutch currency) in exchange for a Reichsmark credit. In this manner the Nazi conspirators were enabled to exact from the bank a loan unlimited in quantity and beyond the bank's control, by the simple expedient of writing out a check in Germany. E. Argument and Conclusion. The acts of the Nazi conspirators as revealed by the evidence constitute war crimes within the meaning of Article 6 (B) of the charter of the International Military Tribunal. Two general observations should be made at the outset. In the first place, the pertinent provisions of the Hague Regulations (3737-PS) are controlling. The Germans entered into an Armistice Agreement with only one of the countries under discussion (France), and the Franco-German Armistice Agreement of 22 June 1940 contains nothing which purports to confer on the occupant powers broader than those which may be exercised under the Hague Regulations. Article 3 of the Armistice reserves to Germany in the occupied zone "all the rights of the occupying power." No other provision is material here. The language of Article 3 plainly does not purport to qualify in any way the otherwise binding terms of the Hague Regulations. The German position (EC-113) that "the rights of Article 3 are more extensive than the rights of the occupation power in the Hague Regulations" and permitted Germany to base thereon "all measures which are, according to her own judgment, necessary for the continuation of the war against England," is therefore plainly untenably. Secondly, the collaboration of certain French, Dutch, and Belgian officials is legally immaterial and does not serve to shield the Nazi conspirators from responsibility for the acts done in the territory under German control. Belgium, Holland, and a large part of France were under German occupation throughout the period in question and, after 10 November 1942, so-called Vichy France was overrun and occupied as well. It is accepted doctrine that governmental authority is completely, albeit temporarily, vested in the occupant during the period of its control. Whether the occupant elects to employ the existing
the period in question and, after 10 November 1942, so-called Vichy France was overrun and occupied as well. It is accepted doctrine that governmental authority is completely, albeit temporarily, vested in the occupant during the period of its control. Whether the occupant elects to employ the existing administrative machinery and personnel or substitute its own, is solely a question of political and administrative convenience; the choice is without legal significance. The civil administration of an occupied country, it may be confidently asserted, has no independent legal status whatever. (1) The acts of the Nazi conspirators as revealed by the evidence are prohibited by the Hague Regulations. (a) The forcible removal of machinery, foodstuffs, and raw materials. It has been shown above that the Nazis forcibly removed large quantities of machinery, foodstuffs, and raw materials to Germany, including even church bells and the strategic metals contained in the transmission systems of the occupied countries. Articles 52 and 53 of the Hague Regulations (the only pertinent provisions) provide no basis for such action. Article 52 of the Hague Regulations declares that requisitions in kind and services shall not be demanded except for "the needs of the occupation army," a limitation deliberately substituted for the less restrictive one of "military necessity" which had previously been contained in the Brussels Declaration of 1874 (Conference Internationale de la paix, La Haye, 1899, Part I, p. 60; Part III, pp. 45, 181). It is settled that requisitions for export to the country of the occupying power is violative of Article 52 (see Feilchenfeld, The International Law of Belligerent Occupation, Washington, 1942, pars. 148-149, and cases cited). The argument, advanced by the Germans in defense of such requisitions during the first World War (see Garner, International Law and World War, Vol. II, p. 126,n) and frequently again during the recent conflict (EC-344-7; ECH-16), that the limitations of Article 52 may be disregarded in case of military necessity, is not well founded. Article 23g, which permits the destruction of private property when "imperatively demanded by the necessities of war," is included