dtufail/nuremberg-trials-corpus huggingface dataset:
M. GERTHOFFER: Laroche's conclusions: "We see how great the crime of rationing was, which was imposed by the Germans upon the French during the occupation period from 1940 to 1944. It is difficult to give exact figures for the number of human lives lost due to excessive rationing. We would need general statistics and these we have been unable to establish. "Nevertheless, without overestimating, we may well believe that, including patients in institutions, the loss of human life from 1940 to 1944 reached at least 150,000 persons. We must add a great number of cases which were not fatal, of physical and mental decline often incurable, of retarded development in children, and so forth. "We think that three conclusions can be drawn from this report, which of course is incomplete: " 1.) The German occupation authorities deliberately sacrificed the lives of patients in institutions and hospitals. "2.) From the way everything happened it seemed as if they had wished to organize, in a rational and scientific fashion, the decline of the health of adolescents and adults. "3.) Suckling babies and young children received a normal ration; it is probable that this privileged position is explained by the fact that the Nazi leaders hoped to spread their doctrine more easily among beings who would not have known any other conditions of life and who would, because of a -planned education, have accepted their doctrine, for they knew they could not expect to convince adolescents and adults except through force." The report is signed by Professor Guy Laroche. This report, gentlemen, has attached to it a photograph, which you will find at the end of the document book. I beg to hand it to you. The unfortunate beings that you see in that picture are not the victims of a concentration or reprisal camp. They are simply the patients of an asylum in the outskirts of Paris who fell into this state of physical weakness as a result of undernourishment. If these men had had the diet of the asylum prior to rationing, they would have been as strong as normal people.
M. GERTHOFFER: Unfortunately for them they were reduced to the official rationing and were unable to obtain the slightest supplement. Do not let adversaries say: "But the German people are just as badly off!" I should reply that, in the first place, this is not true. The German did not suffer cold for four years; he was not undernourished. On the contrary, he was well fed, warmly clothed, warmly housed, with products stolen from the occupied countries, leaving only the minimum necessary for existence for the peoples of these countries. Remember, gentlemen, the words of Goering, when he said: "If famine is to reign, it will not reign in Germany." Secondly I should say to my adversaries if they made such an objection: The Germans and their Nazi leaders wanted the war which they launched, but they had no right to starve other peoples in order to carry out their attempt at world domination. If today they are in a difficult situation, it is the result of their own behavior; and they seem to me to have no right to take recourse to the famous sentence: "I did not want that." I am coming to the end of my statement. If you will permit me, gentlemen, I will conclude in two minutes the whole of this presentation by reminding the Tribunal in a few words what the premeditated crime was, of which the German leaders have been accused, from the economic point of view. The application of racial and living space theories was bound to engender an economic situation which could not be solved and force the Nazi leaders to war. In a modern society because of the division of labor, of its concentration, and of its scientific organization, the concept of national capital takes on more and more a primary importance, whatever may be the social principles of its distribution between nationals, or its possession in all or in part by states. Now, a national capital, public or private, is constituted by the joint effort of the labor and the savings of successive generations.
M. GERTHOFFER: Saving, or the putting into reserve of the products of labor as a result of deprivations freely consented to, must exist in proportion to the needs of the concentration of the industrial enterprises of the country. In Germany, a country highly industrialized, this equilibrium did not exist. In fact, the expenditures, private or public, of that country surpassed its means; saving was insufficient. The establishment of a system of obligatory savings was formulated only through the creation of new taxes and has never replaced true savings. As a result of the war of 1914-1918, after having freed herself of the burden of reparations (and I must point out that two-thirds of the sum remained charged to France as far as this country is concerned), Germany, who had established her gold reserve in 1926, began a policy of foreign loans and spent without counting the cost. Finding it impossible to keep her agreements, she found no more creditors. After Hitler's accession to power her policy became more definite. She isolated herself in a closed economic system, utilizing all her resources for the preparation of a war which would permit her, or at least that is what she hoped, to take through force the property of her western neighbors and then to turn against the Soviet Union in the hope of exploiting, for her profit, the immense wealth of that great country. It is the application of the theories formulated in Mein Kampf, which had as a corollary the enslavement and then the extermination of the populations of conquered countries. In the course of the occupation the invaded nations were systematically pillaged and brutally enslaved; and this would have permitted Germany to obtain her war aims, that is to say, to take the patrimony of the invaded countries and to exterminate their populations gradually, if the valor of the United Nations had not delivered them. Instead of becoming enriched from the looted property, Germany had to sink it into a war which she had provoked, right up to the very moment of her collapse.
M. GERTHOFFER: Such actions, knowingly perpetrated and executed by the German leaders contrary to international law and particularly contrary to the Hague Convention, as well as the general principles of penal law in force in all civilized nations, constitute War Crimes for which they must answer before your high jurisdiction. Mr. President, I should like to add that the French Prosecution had intended to present a statement on the pillage of works of art in the occupied countries of western Europe. But this question has already been discussed in two briefs of our American colleagues, briefs which seem to us to establish beyond any question the responsibility of the defendants. In order not to prolong the hearing, the French Prosecution feels that it is its duty to refrain from presenting this question again; but we remain respectfully at the disposal of the Tribunal in case, in the course of the trial, they feel they need further information on this question. The presentation of the French Prosecution is concluded. I shall give the floor to Captain Sprecher of the American Delegation, who will make a statement on the responsibility of the Defendant Fritzsche.
CAPTAIN DREXEL A. SPRECHER (Assistant Trial Counsel for the United States): May it please the Tribunal, I notice that Dr. Fritz, the defendant's attorney, is not here; and in view of the late hour, it would be agreeable if we hold it over until tomorrow.
THE PRESIDENT: It is 5 o'clock now, so we shall adjourn in any event now. [The Tribunal adjourned until 23 January 1946 at 1000 hours.]
CAPT. SPRECHER: May it please the Tribunal, it is my responsibility and my privilege to present today the case on the individual responsibility of the Defendant Hans Fritzsche for Crimes against Peace, War Crimes, and Crimes against Humanity as they relate directly to the Common Plan or Conspiracy. With the permission of the Tribunal, it is planned to make this presentation in three principal divisions: First, a short listing of the various positions held by the Defendant Fritzsche in the Nazi State. Second, a discussion of Fritzsche's conspiratorial activities within the Propaganda Ministry from 1933 through the attack on the Soviet Union. Third, a discussion of Fritzsche's connection, as a Nazi propagandist, to the atrocities and the ruthless occupation policy which formed a part of the Common Plan or Conspiracy. In listing Fritzsche's positions, it is not intended at first to describe the functions of these positions. Later on, in describing some of Fritzsche's conspiratorial acts, I shall take up a discussion of some of these positions which he held. Fritzsche's Party membership and his various positions in the propaganda apparatus of the Nazi State are shown by two affidavit, by Fritzsche himself: Document Number 2976-PS, which is already in evidence as Exhibit USA-20; and Document Number 3469-PS which I offer in evidence as Exhibit USA-721. Both of these affidavits have been put into the four working languages of this Tribunal. Fritzsche became a member of the Nazi Party on the 1st of May 1933, and he continued to be a member until the collapse in 1945 Fritzsche began his services with the staff of the Reich Ministry for Public Enlightenment and Propaganda, hereinafter referred to as the Propaganda Ministry, on the 1st of May 1933; and he remained within the Propaganda Ministry until the Nazi downfall. Before the Nazis seized political power in Germany and beginning in September 1932, Fritzsche was head of the Wireless News Service (Drahtloser Dienst), an agency of the Reich Government at that time under the Defendant Von Papen.
CAPT. SPRECHER: After the Wireless New Service was incorporated into the Propaganda Ministry of Dr. Goebbels in May 1933, Fritzsche continued as its head until the year 1938. Upon entering the Propaganda Ministry in May 1933, Fritzsche also became head of the news section of the Press Division of the Propaganda Ministry. He continued in this position until 1937. In the summer of 1938, Fritzsche was appointed deputy to one Alfred Ingemar Berndt, who was then head of the German Press Division. The German Press Division, in the Indictment, is called the Home Press Division. Since "German Press Division" seems to be a more literal translation, we have called it the German Press Division throughout this presentation. It is sometimes otherwise known as the Domestic Press Division. We shall show later that this division was the major section of the Press Division of the Reich Cabinet. Now in December 1938 Fritzsche succeeded Berndt as the head of the German Press Division. Between 1938 and November 1942 Fritzsche was promoted three times. He advanced in title from Superior Government Counsel to Ministerial Counsel, then to Ministerialdirigent, and finally to Ministerialdirektor. In November 1942 Fritzsche was relieved of his position as head of the German Press Division by Dr. Goebbels and accepted from Dr. Goebbels a newly created position in the Propaganda Ministry, that of Plenipotentiary for the Political Organization of the Greater German Radio. At the same time he also became head of the Radio Division of the Propaganda Ministry. He held both these positions in radio until the Nazi downfall. There are two allegations of the Indictment concerning Fritzsche's positions for which we are unable to offer proof. These allegations appear at Page 34 of the English translation.
CAPT. SPRECHER: The first unsupported allegation states that Fritzsche was "Editor in-Chief of the official German News Agency (Deutsches Nachrichtenburo)." The second unsupported allegation states that Fritzsche was "head of the Radio Division of the Propaganda Department of the Nazi Party." Fritzsche denies having held either of these positions, in his affidavit, and therefore these two allegations must fall for want of proof. Before discussing the documentation of the case I wish, in passing, to state my appreciation for the assistance of Mr. Norbert Halpern, Mr. Alfred Booth, and Lieutenant Niebergall, who sits at my right, for their assistance in research, analysis, and translation. The Tribunal will note the relative shortness of this document book. It has been marked as Document Book MM. It contains only 32 pages, which have been numbered consecutively in red pencil for your convenience. The shortness of the documentation on this particular case is possible only because of a long affidavit made by the Defendant Fritzsche, which was signed by him on the 7th of January 1946. It seems appropriate to comment on this significant document before proceeding. It is before Your Honors as Document Number 3469-PS, beginning at document book Page 19. As I said, it has been translated into the four working languages of this proceeding. This affidavit contains materials which have been extracted from interrogations of Fritzsche and many materials which Fritzsche volunteered to give himself, upon request made by me, through his Defense Counsel, Dr. Fritz. Some of the portions of the final affidavit were originally typed or handwritten by the Defendant Fritzsche himself during this Trial or during the holiday recess. All these materials were finally incorporated into one single affidavit. This affidavit contains Fritzsche's account of the events which led to his entering the Propaganda Ministry and his account of his later connections with that Ministry.
CAPT. SPRECHER: Before Fritzsche made some of the statements in the affidavit concerning the role of propaganda in relation to important foreign political events, he was shown illustrative headlines and articles from the German press at that time, so that he could refresh his recollection and make more accurate statements. It is believed that the Tribunal will desire to consider many portions of this affidavit independent of this presentation, along with the proof on the conspirators' use of propaganda as a principal weapon in the conspiracy. Some of this proof, you will recall, was submitted by Major Wallis in the first days of this Trial in connection with Brief E, entitled "Propaganda, Censorship, and Supervision of the Cultural Activities," and the corresponding document book, to which I call the Tribunal's attention. In the Fritzsche affidavit there are a number of statements which I would say were in the nature of self-serving declarations. With respect to these, the Prosecution requests only that the Tribunal consider them in the light of the whole conspiracy and the indisputable facts which appear throughout the Record. The Prosecution did not feel, either as a matter of expediency or of fairness, that it should request Fritzsche, through his defense lawyer, Dr. Fritz, to remove some of these self-serving declarations at this time and submit them later in connection with his defense. Since I shall refer to this affidavit at numerous times throughout the presentation, perhaps the members of the Tribunal will wish to place a special marker in their document book. By referring to Paragraphs 4 and 5 of the affidavit, the Tribunal will note that Fritzsche first became a successful journalist in the service of the Hugenberg Press, the most important chain of newspaper enterprises in pre-Nazi Germany. The Hugenberg concern owned papers of its own, but primarily it was important because it served newspapers which principally supported the so-called "national" parties of the Reich, including the NSDAP.
CAPT. SPRECHER: In Paragraph 5 of his affidavit Fritzsche relates that in September 1932, when the Defendant Von Papen was Reich Chancellor, he was made head of the Wireless News Service, replacing someone who was politically unbearable to the Papen regime. The Wireless News Service, I might say, was a government agency for spreading news by radio. Fritzsche began making radio broadcasts at about this time with very great success, a success which Goebbels recognized and was later to exploit very efficiently on behalf of these Nazi conspirators. The Nazis seized power on the 30th of January 1933. From Paragraph 10 of the Fritzsche affidavit we find that that very evening, the 30th of January 1933, two emissaries from Goebbels visited Fritzsche. One of them was Dressler-Andress, head of the Radio Division of the NSDAP; the other was an assistant of Dressler-Andress named Sadila-Mantau. These two emissaries notified Fritzsche that although Goebbels was angry with Fritzsche for writing a critical article concerning Hitler, still Goebbels recognized Fritzsche's public success on the radio since the previous fall. They stated further that Goebbels desired to retain Fritzsche as head of the Wireless. News Service on certain conditions: (1) That Fritzsche discharge all Jews; (2) that he discharge all other personnel who would not join the NSDAP; and (3) that he employ with the Wireless News Service the second Goebbels' emissary, Sadila-Mantau. Fritzsche refused all these conditions except the hiring of Sadila-Mantau. This was one of the first ostensible compromises after the seizure of power which Fritzsche made on his road to the Nazi camp. Fritzsche continued to make radio broadcasts during this period in which he supported the National Socialist coalition government then still existing. In early 1933 SA troops several times called at the Wireless News Service and Fritzsche prevented them, with some difficulty, from making news broadcasts. In April 1933 Goebbels called the young Fritzsche to him for a personal audience.
CAPT. SPRECHER: At Paragraph 9 of his affidavit, Document Number 3469-PS, Fritzsche has volunteered the following concerning his prior relationships with Dr. Goebbels: "I was acquainted with Dr. Goebbels since 1928. Apparently he had taken a liking to me, besides the fact that in my press activities I had always treated the National Socialists in a friendly way until 1931. "Already before 1933 Goebbels, who was the editor of The Attack (Der Angriff), Nazi newspaper, had frequently made flattering remarks about the form and content of my writings, which I did as contributor of many 'national' newspapers and periodicals, among which were also some of more reactionary character." At the first Goebbels-Fritzsche discussion in early April 1933, Goebbels informed Fritzsche of his decision to place the Wireless News Service within the Propaganda Ministry as of I May 1933. He suggested that Fritzsche make certain rearrangements in the personnel which would remove Jews and other persons who did not support the NSDAP. Fritzsche debated with Goebbels concerning some of these steps. It must be said that during this period Fritzsche made some effort to place Jews in other jobs. In a second conference with Goebbels, shortly thereafter, Fritzsche informed Goebbels about the steps he had taken in reorganizing the Wireless News Service. Goebbels thereupon informed Fritzsche that he would like to have him reorganize and modernize the entire news services of Germany within the control of the Propaganda Ministry. It will be recalled by the Tribunal that on the 17th of March 1933, approximately two months before this time, the Propaganda Ministry had been formed by decree, 1933 Reichsgesetzblatt, Part I, Page 104, our Document Number 2029-PS. Fritzsche was intrigued by the Goebbels offer. He proceeded to conclude the Goebbels-inspired reorganization of the Wireless News Service; and on the 1st of May 1933, together with the remaining members of his staff, he joined the Propaganda Ministry.
CAPT. SPRECHER: On this same day he joined the NSDAP and took the customary oath of unconditional loyalty to the Fuehrer From this time on, whatever reservations Fritzsche may have had, either then or later, to the course of events under the Nazis, Fritzsche was completely within the Nazi camp. For the next 13 years he assisted in creating and in using the principal propaganda devices which the conspirators employed with such telling effect in each of the principal phases of this conspiracy. From 1933 until 1942 Fritzsche held one or more positions within the German Press Division. For 4 years indeed he headed this Division, during those crucial years 1938 to 1942. That covers the period when the Nazis undertook actual military invasions of neighboring countries. It is, therefore, believed appropriate to spell out in some detail, before this Tribunal, the functions of this German Press Division. These functions will show the important and unique position of the German Press Division as an instrument of the Nazi conspirators not only in dominating the minds and the psychology of Germans through the German Press Division and through the radio but also as an instrument of foreign policy and psychological warfare against other nations. The already broad jurisdiction of the Propaganda Ministry was extended by a Hitler decree of the 30th of June 1933, found in 1933 Reichsgesetzblatt, Part I, Page 449. From that decree I wish to quote only one sentence. It is found in Document 2030-PS, your document book Page 3: "The Reich Minister of Public Enlightenment and Propaganda is competent for all problems concerning the mental moulding of the nation, the propaganda for the State, for culture and economy, and the enlightenment at home and abroad about these questions.
CAPT. SPRECHER: Furthermore, he is in charge of the administration of an institutions serving these purposes." It is important to underline the stated propaganda objective of "enlightenment at home and abroad." For a clear exposition of the general functions of the German Press Division of the Propaganda Ministry, the Tribunal is referred to Document Number 2434-PS, document book Page 5. It is offered in evidence as Exhibit USA-722. This document is an appropriate excerpt from a book by Georg Wilhelm Muller, a Ministerial Director in the Propaganda Ministry, of which the Tribunal is asked to take judicial notice. Fritzsche's affidavit, Paragraphs 14, 15, and 16, beginning at Page 22 of your document book, contains an exposition of the functions of the German Press Division, a description which confirms and adds to the exposition in Muller's book. Concerning the German Press Division, Fritzsche's affidavit states: "During the whole period from 1933 to 1945 it was the task of the German Press Division to supervise the entire domestic press and to provide it with directives by which this division became an efficient instrument in the hands of the German State leadership. More than 2,300 German daily newspapers were subject to control. "The aim of this supervision and control, in the first years following 1933, was to change basically the conditions existing in the press before the seizure of power. That meant the coordination into the New Order of those newspapers and periodicals which had been serving capitalistic individual interests or party politics. While the administrative functions wherever possible were exercised by the professional associations and the Reich Press Chamber, the political direction of the German press was entrusted to the German Press Division. "The head of the German Press Division held daily press conferences in the Ministry for the representatives of all German newspapers. Thereby all instructions were given to the representatives of the press.