dtufail/nuremberg-trials-corpus huggingface dataset:
M. HERZOG: The National Socialist authorities transgressed positive international law; they likewise violated the law of nations. The latter guarantees individual liberty, on which the principle of forced recruitment is a characteristic attack. The violation of treaties and the contempt of the rights of individuals are the tenets of National Socialist doctrine. Therefore, the defendants proceeded not merely to the mobilization of foreign workers; they proclaimed the necessity and the legitimacy of forced labor. I shall, first of all, indicate to the Tribunal certain declarations made by the defendants which amount to admissions. I shall thereupon indicate how the occupation authorities introduced the service of compulsory work in the different occupied territories. I shall demonstrate, finally, that the Germans took measures of violent coercion in an attempt to assure the execution of the civilian mobilization which had been decreed. The legitimacy of forced enrollment has been upheld by Hitler. The proof of this can be found in the report of the Fuehrer conferences held on 10, 11, and 12 August 1942. It is contained in Document R-124 which I presented this morning under Exhibit Number RF-30. I shall not read it to the Tribunal, because my American colleague, Mr. Dodd, has done so during his presentation on forced labor. I point out that the document to which I refer indicates that the Fuehrer was in agreement with the exercise of all the necessary compulsion in the East as well as in the West, if the question of recruiting foreign workers could not be regulated on a voluntary basis. The necessity of making use of compulsory labor was expressed in identical terms by certain defendants. I shall not stress the numerous statements of the Defendant Sauckel to which I have already drawn the attention of the Tribunal.
M. HERZOG: The explanatory statement of his decree of 22 August 1942, the program included in his letter of 24 April 1942, and the policy advocated in his speech at Posen in February 1943, reproduce faithfully the determination of the defendant to justify the principle of forced recruiting. I shall not revert to this. I present to the Tribunal the declaration of the Defendant Jodl. This declaration is an extract from a long speech made by General Jodl, 7 November 1943 at Munich before an audience of Gauleiter. This speech is Document L-172. I offer it in evidence to the Tribunal under Exhibit Number RF-54. I shall read Page 2 of the French translation, Pages $8 and 39 of the German original: "The dilemma of manpower shortage has led to the idea of making more thorough use of the manpower reserves in the territories occupied by us. Here right and wrong conceptions are mixed together. I believe that as far as labor is concerned, -the utmost has been done, but where this is not yet the case, it would appear preferable from the political point of view to abstain from compulsory measures and instead to aim at order and economic effort. In my opinion, however, the time has now come to take steps with remorseless vigor and resolution in Denmark, Holland, France, and Belgium to compel thousands of idle persons to carry out fortification work, which takes precedence over all other tasks. The necessary orders for this have already been given." The German Labor Service had not waited for the appeal of General Jodl to decree the mobilization of civilian foreign workers. I am going to show the Tribunal how compulsory labor was instituted and organized in France, Norway, Belgium, and Holland. I should like to remind the Tribunal that in Denmark there was never any legal regulation for forced labor and that forced labor was carried out as a simple de facto measure. I also wish to remind the Tribunal that compulsory labor was introduced in a special form in Luxembourg and in the French departments of Alsace and Lorraine.
M. HERZOG: The occupation authorities incorporated the citizens of Luxembourg and the French citizens residing in the departments of Bas-Rhin, Haut-Rhin, and Moselle, in the labor service of the Reich. This incorporation was carried out by ordinances of Gauleiter Simon and Gauleiter Wagner. The ordinances constitute an integral part of the Germanization plan for territories of Luxembourg, Alsace, and Lorraine. Their scope exceeds that of the measures of forced enrollment which were taken in other occupied territories. That is why I refer the Tribunal, on this point, to the explanation which will be given in the trial brief of M. Edgar Faure. Two German texts of a general nature serve as a foundation for the legislation on forced labor in the occupied territories of Western Europe. The first is the decree of Sauckel of 22 August 1942, to which I have drawn the attention of the Tribunal on several occasions. This decree prescribes the mobilization of all civilian, workers in the service of the war economy. Article 2 prescribes that this decree is applicable to occupied territories. This decree of 22 August 1942 thus constitutes the legal charter of the civilian mobilization of foreign workers. This mobilization was confirmed by an order of the Fuehrer of 8 September 1942. It is Document 556(2)-PS, Exhibit Number RF-55, which I submit to the Tribunal and from which I shall read: "The Fuehrer and Supreme Commander of the Wehrmacht; General Headquarters of the Fuehrer 8 September 1942. "The extensive coastal fortifications which I have ordered to be erected in the area of Army Group West necessitate in the occupied territory the utilization of all available workers to the fullest extent and to their utmost capacity. The assignment of indigenous workers, made up to now, is insufficient. In order to increase it, I order the introduction of compulsory labor and the prohibition of changing the place of employment without permission of the authorities in the occupied territories.
M. HERZOG: "Furthermore, in future, the distribution of food and clothing ration cards to those subject to compulsory labor shall depend on the possession of a certificate of employment. Refusal to accept an assigned job, as well as leaving the place of work without the consent of the authorities in charge, will result in the withdrawal of the food and clothing ration cards. "The GBA"-that is, the office of the Defendant Sauckel-"in agreement with the military commanders or the Reich Commissioners, will issue the appropriate directives." The forced enrollment of foreign workers was preceded by preliminary measures to which the order of 8 September 1942 refers- which I have just read. I am speaking of the freezing of labor. To carry out the mobilization of workers it was necessary for the public services to exercise strict control over their use in the industrial enterprises of occupied territories. This control had a double purpose: It was to facilitate the census of workers suitable for work in Germany and to prevent workers from avoiding the German requisition by alleging a real or fictitious employment. The National Socialist authorities exercised this control by restricting the liberty of hiring and discharging, which they had given to the authorities of the labor bureaus. In France, the freezing of labor was brought about by the law of 4 September 1942. 1 shall shortly explain to the Tribunal the conditions under which this law was formulated. I shall, for the moment, simply submit it to the Tribunal under Document Number RF-56 and ask the Tribunal to take judicial notice of it. In Belgium, the freezing of labor was carried out by the ordinance of the military commanding officer of 6 October 1942. I submit Document Number RF-57, of which I ask the Tribunal to take judicial notice. Finally, in Holland, where compulsory labor was instituted as early as 1941, an ordinance of the Reich Commissioner, dated 28 February 1941, which I offer to the Tribunal under Document Number RF-58, organized the freezing of labor.
M. HERZOG: The immobilization of labor was brought about under an economic pretext in all countries. In reality it constituted a preliminary measure for the mobilization of workers, which the National Socialists immediately proceeded to carry out. In France compulsory labor was established by the legislation of the pseudo-government of Vichy, but this legislation was imposed upon the de facto French authorities by the defendants, and especially by Sauckel. The action which Sauckel brought against the Government of Vichy, to force it to favor the deportation of workers into Germany, was exercised in four phases: I shall briefly review for the Tribunal the history of these four Sauckel actions. The first Sauckel action was initiated in the spring of 1942, soon after the appointment of the defendant as Plenipotentiary for Allocation of Labor. The German armament industry had an urgent need of workers. The service of the Arbeitseinsatz had decided to recruit 150,000 skilled workers in France. Sauckel came to Paris in the month of June 1942. He had several conversations with French ministers. Otto Abetz, German ambassador in Paris, presided over these meetings. They brought about the following results: In view of the reluctance of French authorities to establish compulsory labor, it was decided that the recruiting of 150,000 skilled workers should be carried out by a pseudo-voluntary enrollment. This was the beginning of the so-called exchange operation, to which I have already drawn the attention of the Tribunal. But the Tribunal knows that the exchange operation was a failure and that, despite an intensification of German propaganda, the number of voluntary enrollments remained at a minimum. The German authorities then put the Vichy Government under the necessity of proceeding to forced enrollment. I offer in evidence the denunciatory letter of 26 August 1942, addressed by the German, Dr. Michel, Chief of the Administrative Staff, to the Delegate General for Franco-German economic relations.
M. HERZOG: This is French Document F-530, which I shall submit to the Tribunal as Exhibit Number RF-59: "Paris, 26 August 1942. "Military Commander in France, economic section; to M. Barnaud, Delegate General for Franco-German Economic Relations; Paris. "President Laval promised Gauleiter Sauckel, Plenipotentiary General for Allocation of Labor, to make every effort to send to Germany, to help German armament economy, 350,000 workers, of which 150,000 should be metal workers. "The French Government intended at first to solve this problem by recruitment, especially of the affectes speciaux. This method has been abandoned and that of voluntary enrollment has been attempted with a view to the liberation of prisoners. The past months have shown that the end in view cannot be achieved by means of voluntary recruitment. "In France, German armament orders have increased in volume and urgency. Moreover, special tasks have been set, the accomplishment of which depends upon the supply of a very considerable number of workers. "In order to assure the realization of the tasks for which France is responsible in the sphere of the Arbeitseinsatz, the French Government must now be asked to put into execution the following measures: "1) The publication of a decree, concerning change of place of work. By virtue of this decree, leaving the place of employment and engaging labor depends on the approval of certain specified authorities. "2) The institution of compulsory registration of all persons out of work, as well as of those who do not work full time or are not permanently employed. This compulsory registration is to ensure the fullest recruitment possible of all the reserves still available. "3) The publication of a decree for the mobilization of workers for tasks important to the policy of state. This decree is to ensure: (a) The necessary labor for Germany; (b) the workers necessary in France for the carrying out of orders which have been transferred there and the workers needed for special tasks. "4) Publication of a decree ensuring an adequate supply of apprentices.
M. HERZOG: This decree is to impose upon French enterprise the duty of turning out, by means of apprenticeship and systematic training, young workers possessing adequate qualifications. "For the Military Commander, the Chief of the Administrative Staff."-signed----"Dr. Michel." Dr. Michel's letter forms the basis for the law relative to the utilization and the allocation of labor. It is the law of 4 September 1942, which I have submitted to the Tribunal under Document Number RF-56. In application of the law, all Frenchmen between 18 and 50 who did not have employment for more than 30 hours a week, were forced to state this at their local town hall. A decree of 19 September 1942 and a directive of 22 September provided regulations as to how this declaration had to be made. Sauckel's first action was achieved through a legislative plan; the defendant had merely to dip into the labor resources which were established by it. But the resistance of the French workers caused his recruiting plan to fail. This is why Sauckel undertook his second action, beginning in January 1943. The second Sauckel action is marked by the introduction of compulsory labor, properly speaking. Until then workers had been the only victims of the policy of force of the defendants. The latter understood' the demagogic argument which they could derive from this de facto situation. They explained that it was inadmissible that the working classes of the occupied territory should be the only ones to participate in the German war effort. They demanded that the basis of forced labor be enlarged by the introduction of compulsory labor. This was established by two measures. A directive of 2 February 1943 prescribed a general census of all French males born between 1 January 1912 and I January 1921. The census took place between 15 and 23 February. It had just been put in force when the law and decree of 16 February 1943 appeared. These regulations introduced compulsory labor for all young men born between 1 January 1920 and 31 December 1922.
M. HERZOG: 1 submit them to the Tribunal under Documents Numbers RF-60 and 61, of which I ask the Court to take judicial notice. The action carried out by the defendants to impose this exceptional legislation is substantiated by numerous documents. I particularly draw the attention of the Tribunal to four of these, which permit us to retrace the activities of the Defendant Sauckel during the months of January and February 1943. On 5 January 1943 Sauckel transmitted to the different departments of his administration an order of the Fuehrer which the Defendant Speer had communicated to him. This is Document 556(13)-PS, which I submit to the Tribunal under Exhibit Number RF-62. I shall read its first paragraph: "On 4 January 1943, at 8 o'clock in the evening, Minister Speer telephoned from the general headquarters of the Fuehrer giving the information that, by virtue of a decision of the Fuehrer it was no longer necessary, when recruiting skilled and unskilled labor in France, to have any particular regard for the French. Recruitment could be carried on there with pressure and more severe measures." On 11 January 1943 the Defendant Sauckel was in Paris. He attended a meeting which brought together at the Military Commander's all responsible officials of the labor service. He announced to them that new measures of compulsion were to be taken in France. I refer you to the minutes of the meeting which constitute Document 1342-PS, which I submit to the Tribunal under Exhibit Number RF-63. I shall read from Page 2 of the French translation; Page 1, fourth line, of the second paragraph of the German original: "Gauleiter Sauckel likewise thanks the various services for the successful carrying out of the first action. Immediately after the beginning of the new year, he is obliged to announce further severe measures. There is a great new need of labor for the front as well as for the Reich armament industry." I skip to the end of the paragraph. I shall read from the next paragraph: "The situation at the front calls for 700,000 soldiers fit for front-line service.
M. HERZOG: The armament industry would have to lose 200,000 key workers by the middle of March. I have received an order from the Fuehrer to find 200,000 foreign skilled workers as replacements and I shall need for this purpose 150,000 French skilled workmen, while the other 50,000 can be drawn from Holland, Belgium, and other occupied countries. In addition, 100,000 unskilled French workers are necessary for the Reich. The second action of recruitment in France makes it necessary that by the middle of March 150,000 skilled workers and 100,000 unskilled workmen and women be transferred to Germany." The Defendant Sauckel went back to Germany a few days later. On 16 February he was in Berlin at the meeting of the Central Planning Board. He gave a commentary on the law which was to appear that very day and revealed that he was the instigator of it. I refer once more to the minutes of the conferences of the Four Year Plan, included under Document Number R-124, which I submitted this morning to the Tribunal under Exhibit Number RF-30. I shall read an extract from this document, which my American colleagues have not mentioned. It is Page 7 of the French translation of the document, Page 2284 of the German original; this is the situation in France: "My collaborators and I having succeeded, after difficult discussions, in persuading Laval to introduce the law of compulsory labor in France, this law has now been so successfully extended, thanks to our pressure, that by yesterday three French age-groups had already been called up. So we are now legally qualified to recruit in France, with the assistance of the French Government, workers of three age groups whom we shall be able to employ henceforth in French factories, but among whom we shall also be able to choose some for our own needs in the Reich and send them to Germany." The Defendant Sauckel returned to France on 24 February. I offer in evidence to the Tribunal the letter which he addressed to Hitler before his departure, to inform him of his journey. It proves the continuity of the action of Sauckel.
M. HERZOG: The letter constitutes Document 556(25)-PS, which I submit to the Tribunal under Exhibit Number RF-64, and I shall read it: "Plenipotentiary General for Allocation of Labor, to the Fuehrer general headquarters of the Fuehrer "My Fuehrer "I beg herewith to take leave of you before my intended journey to France. The purpose of my journey is: "1) To put at the disposal of the Reich, within the given time, skilled labor to replace German key workers being drafted into the Wehrmacht. May I add that Field Marshal Keitel and General Von Unruh received a communication from me yesterday to the effect that half of these replacements for key men, that is 125,000 French qualified skilled men, have already arrived in the Reich on I January 1943 and that a corresponding number of soldiers can be called to the colors. I shall now make sure in France that the second half shall arrive in the Reich by the end of March, or earlier if possible. The first French program was executed by the end of December. "2) To assure the necessary labor for the French dockyards for the carrying out of the programs drawn up by Grand Admiral Doenitz and Gauleiter Kaufmann. "3) To assure the necessary labor for the programs of the Luftwaffe. "4) To assure the necessary labor for the other German armament programs which are in progress in France. "5) To make available supplementary labor in agreement with State Secretary Backe, with a view to intensifying French agricultural production. "6) To have discussions, if necessary, with the French Government on the subject of the carrying out of the labor service, the calling up of age-groups, and so forth, with a view to activating the recruitment of labor for the benefit of the German war economy. "
THE PRESIDENT: I think that is a good time to break off. [The Tribunal adjourned until 19 January 1946 at 1000 hours.]
M. HERZOG: Mr. President, Your Honors, at the end of yesterday's session I was expounding to the Tribunal the conditions under which the compulsory labor service was progressively imposed in France. I reached the second action of the Defendant Sauckel as set out in the laws and decrees of 16 February 1943. Sauckel's second action accelerated the enforced enrollment of Frenchmen during the months of February and March 1943. Several tens of thousands of young men of the 1940 and 1942 classes were deported to Germany by the application of the law of 16 February. The tempo of these deportations slowed down in the month of April, but the Arbeitseinsatz immediately formulated new requirements. On 9 April 1943 the Defendant Sauckel asked the French authorities to furnish him with 120,000 workers during the month of May and 100,000 during the month of June. In June he made it known that he wished to effect the transfer of 500,000 workers up to 31 December. Sauckel's third action was about to begin. It was to be marked, on 3 June 1943, by the total mobilization of the 1942 class. All exemptions provided by the law of 16 February and subsequent texts were withdrawn, and the young men of the 1942 class were tracked down throughout France. In reality, Sauckel's third action was especially manifested by  violent pressure on the part of the defendant, tending towards mass deportation by forced recruiting. I offer in evidence three documents which testify to the action taken by Sauckel in the summer of 1943. The first document is a letter from Sauckel to Hitler, dated 27 June 1943. Drafted by the defendant upon his return from a trip to France, it contains an outlined plan for the recruiting of French workers for the second half of 1943. Its object was, on the one hand, to secure I million workers to be assigned in France to French armament factories and, on the other hand, 500,000 French workers to be deported to Germany. This letter constitutes Document 556(39)-PS, which I submit to the Tribunal as Exhibit Number RF-65. I quote: "Weimar, 27 June 1943.
M. HERZOG: "My Fuehrer "Herewith I beg to report my return from my official trip to France. "Inasmuch as the free labor reserves in the territories occupied by the German Armed Forces have been, numerically, absorbed to saturation point, I am now carefully examining the possibilities of mobilizing additional labor reserves in the Reich and the occupied territories to work on German war production. "In my reports of 20 April I was allowed to point out that intensive and careful utilization must be made of European labor forces in territories submitted to direct German influence. "It was the purpose of my recent stay in Paris to investigate the possibilities still existing in France for the recruitment of labor by extensive conferences and my own personal inspection. On the basis of a carefully established balance sheet I have come to the following decision: "1. Assuming that war economy measures are carried out in France which would at least prove partially effective or approximately approach, in efficacy, the measures carried out in Germany, a further million workers, both men and women, could be assigned to the French war and armament industries up to December 1943 for work on German orders and assignments. In this case additional German orders might be placed in France. "2. In consideration of these measures and given a careful study of the subject together with the co-operation of our German armament services and the German labor recruiting offices, it should be possible to transfer a further 500,000 workers, both men and women, from France to the Reich between now and the end of the year. "The prerequisites for the realization of this program, drafted by me are as follows: "1. Closest collaboration between all German offices especially in dealing with the French services. "2. A constant check on French economy by joint commissions, as already agreed upon by the Reich Minister of Armaments and War Production Party Member Speer, and myself. "3. Constant, skillful, and successful propaganda against the cliques of De Gaulle and Giraud. "4.