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I now offer in evidence Document EC-3, which is Exhibit USA
318, which was likewise found among the captured O.K.W.
files at Fechenheim. This document, your Honour, is offered
as direct proof of the fact, to which we have previously
referred, that even in the food surplus areas of the
occupied regions of the Ukraine, the conspirators planned to
allocate food on a basis

                                                   [Page 10]

which left virtually nothing for those persons who were not
engaged in the compulsory production of commodities for the
German war machine. This document, as well as Document EC-
126, which was introduced a few moments ago, and others we
offer, should, it is submitted, be read in the light of the
explicit provision in Article 52 of the Hague Regulations of
1907, that requisitions in kind and services shall not be
demanded from municipalities or inhabitants except for the
needs of the army of occupation.

I first quote from our Page 3, Lines 21 to 23 of the English
text of EC-3. In the German text it is Page 13, Lines 1 to
3. The particular document from which I am about to quote is
a top secret memorandum, dated 16th September, 1941,
concerning a meeting of German military officials presided
over by defendant Goering. This is our Page 3, Sir, Lines 21
to 23 of EC-3. The memorandum was signed by General Nagel,
liaison officer between defendant Goering's Four Year Plan
Office and the O.K.W. I now quote:--

     "At this conference which was concerned with the better
     exploitation of the occupied territories for the German
     food economy, the Reich Marshal -- Goering -- called
     attention to the following... "

I next quote from the first two paragraphs of Page 4 of the
English text. The German text is at Page 13, the third and
fourth paragraphs:
     
     "It is clear that a graduated scale of food allocations
     is needed.
     
     First in line are the combat troops, then the remainder
     of troops in enemy territory, and then those troops
     stationed at home. The rates are adjusted accordingly.
     The supply of the German non-military population
     follows and only then comes the population of the
     occupied territories."

I now quote from another portion of this document, starting
at Page 1 of the English text. This is a memorandum, dated
25th November, 1941, relating to the general principles of
economic policy in the newly-occupied Eastern territories,
as prescribed in a conference held in Berlin on 8th
November, 1941. This memorandum was also written by General
Nagel. It is on the stationery of the Liaison Staff of
Supreme Headquarters, Armament Procurement Office with the
Reich Marshal Goering.

I quote from Lines 13 to the bottom of Page 1.

THE PRESIDENT: Is not this document, the part you are going
to read now, merely cumulative of EC-126, which you have
just read to us, that economic policy directive?

CAPTAIN HARRIS: It affords further proof, Sir, of the
conspirators' plans to exploit the Eastern Occupied Areas. I
can omit it, if you like, Sir.

THE PRESIDENT: It does not seem to add anything.

CAPTAIN HARRIS: Very well, Sir.

I shall pass on to the next point.

On 17th July, 1941, Hitler and the defendant Keitel issued a
decree appointing defendant Rosenberg as the Reich Minister
for the Occupied Eastern Territories. This was the day
following the meeting at the Fuehrer's headquarters, which
is reported in Document L-221 and from which we have already
quoted at length.

The decree appointing Rosenberg as Reich Minister for the
Occupied Eastern Territories is set forth in Document 1997-
PS, which is Exhibit USA 319 and I offer it as evidence. I
quote from Articles 2 and 4 on Page 1 of this decree. The
German text is at Pages 27 and 28, Articles 2 and 4.

                                                   [Page 11]

     "The civil administration in the newly-occupied Eastern
     territories, where these territories are not included
     in the administration of the territories bordering on
     the Reich or the Government General, is subject to the
     Reich Minister for the Occupied Eastern Territories.
     
     I appoint Reichsleiter Alfred Rosenberg as Reich
     Minister for the Occupied Eastern Territories. He will
     hold office in Berlin."

Defendant Rosenberg's views well fitted him for this task as
one of the chief executors of the conspirators' plans in the
Soviet Union. His views were plainly expressed in a speech
delivered on 20th June, 1940, and are set forth in Document
1058-PS, now Exhibit USA 147. I refer your Honour to the
first three sentences of the English text. The German text
appears on Page 9, last five lines and continuing through to
line 2 of Page 10. In the speech, defendant Rosenberg
stated, and I quote:

     "The job of feeding the German people stands, this
     year, without a doubt, at the top of the list of
     Germany's claims on the East; and here the Southern
     territories and the Northern Caucasus will have to
     serve as a balance for the feeding of the German
     people. We see absolutely no reason for any obligation
     on our part to feed also the Russian people with the
     products of that surplus territory. We know that this
     is a harsh necessity, bare of any feelings."

I next offer in evidence Document EC-347, which is Exhibit
USA 320. This document was likewise found among the captured
files of the O.K.W. It contains a set of directives issued
by defendant Rosenberg in his capacity as Reich Minister for
the Occupied Eastern Territories.

I quote from the first two full paragraphs of Page 1 of this
exhibit. The German text is at Page 39, Paragraphs 4 and 5.
In these directives defendant Rosenberg stated, and I quote:-
-

     "The principal task of the civilian administration in
     the occupied Eastern territories is to represent the
     interests of the Reich. This basic principle is to be
     given precedence in all measures and considerations.
     Therefore, the occupied territories, in the future, may
     be permitted to have a life of their own in a form yet
     to be determined. However, they remain parts of the
     Greater German living space and are always to be
     governed according to this guiding principle.
     
     The regulations of the Hague Convention on Land
     Warfare, which concern the administration of a country
     occupied by a foreign belligerent power, are not
     applicable, since the U.S.S.R. is to be considered
     dissolved and, therefore, the Reich has the obligation
     of exercising all governmental and other sovereign
     functions in the interests of the country's
     inhabitants. Therefore, any measures are permitted
     which the German administration deems necessary and
     suitable for the execution of this comprehensive task."

THE PRESIDENT: Has not that been read before?

CAPTAIN HARRIS: Not to my knowledge, Sir.

THE PRESIDENT: Very well.

CAPTAIN HARRIS: Implicit in defendant Rosenberg's statement
that the Hague Regulations are not applicable to the Soviet
Union is the recognition by him that the conspirators'
actions in the Soviet Union flagrantly violated the Hague
Regulations. The statement indicates that the conspirators
were utterly contemptuous of applicable principles of
International Law.

                                                   [Page 12]
                                                            
Mr. Dodd has already introduced into evidence Document 294-
PS, now Exhibit USA 185, in connection with the slave labor
presentation. This document is a top-secret memorandum,
dated 25th October, 1942, which was found in defendant
Rosenberg's files. It was written by Braeutigam, who was a
high official in defendant Rosenberg's Ministry for the
Occupied Eastern Territories. I should like to quote two
additional passages from this document. I quote from the
English text Page 1, the first full paragraph, Lines 17 to
20. The German text is at Page 1, the first full paragraph,
Lines 22 to 25.

     "In the East, Germany is carrying on a three-fold war:
     A war for the destruction of Bolshevism, a war for the
     destruction of the Greater Russian empire, and finally
     a war for the acquisition of colonial territory for
     colonising purposes and economic exploitation.
     
     With the inherent instinct of the Eastern peoples, the
     primitive man soon found out also that for Germany the
     slogan: 'Liberation from Bolshevism' was only a pretext
     to enslave the Eastern peoples according to her own
     methods."

This completes, your Honour, the list of the exhibits with
respect to the Soviet Union which we propose to introduce at
this time. As I mentioned at the outset of this
presentation, these exhibits do not disclose all of the
conspirators' plans with respect to the occupied countries,
but they do, we submit, show a constant pattern, a pattern
of ruthless Germanisation and destruction.

In conclusion we desire to offer in evidence two documents
which disclose that German industrialists and financiers
aided and abetted Himmler in his relentless programme of
Germanisation, exploitation, oppression and destruction.

I first offer in evidence Document EC-454, which is Exhibit
USA 321. This document was found in the vaults of the Stein
Bank in Cologne among the files of the banker, Baron Kurt
von Schroeder, by a joint British-American team, headed by
Colonel Kellam on the British side and Captain Roth on the
American side. It is a carbon copy of a letter from von
Schroeder to Himmler, dated 27th August, 1943, and bears von
Schroeder's initials. I quote it in its entirety:--

     "My very Honourable Reichsfuehrer:
     
     With great joy I learn of your appointment as
     Reichsminister of the Interior and take the liberty to
     extend my heartiest congratulations to you on assuming
     your new post.
     
     A strong hand is now very necessary in the operation of
     this department and it is universally welcomed, but
     especially by your friends, that it was you who were
     chosen for this by the Fuehrer. Please be assured that
     we will always do everything in our power at all times
     to assist you in every possible way.
     
     I am pleased to inform you at this opportunity that
     your circle of friends has again placed at your
     disposal this year a sum slightly in excess of RM
     1,000,000 for special purposes.' An exact list showing
     the names of the contributors will be sent to you
     shortly.
     
     Again all my very best wishes -- as well as those of my
     family -- I remain yours, in old loyalty and esteem.
     
     Heil Hitler! Yours truly."

I next offer in evidence -- and this is the final exhibit,
your Honour -- Document EC-453, which is Exhibit USA 322.
This document was likewise

                                                   [Page 13]
                                                            
found in the Stein Bank in Cologne by the above-mentioned
joint British-American team. It is a carbon copy of a letter
from von Schroeder to Himmler, dated 21st September, 1943,
bearing von Schroeder's initials, with the enclosed list of
contributors----

THE PRESIDENT: Captain Harris, on what principle do you
suggest that either of these letters can possibly be
evidence in this case?

CAPTAIN HARRIS: Your Honour, at the time the motion to
postpone the trial as to Gustav Krupp was argued before this
Tribunal, the British Chief Prosecutor specifically stated
that if it should be the decision of the Tribunal that Krupp
should be dismissed, the evidence as to the part which he,
his firm, and other industrialists played in the preparation
and conduct of the war would still be given to this Tribunal
as forming part of the general conspiracy in which these
defendants were involved, with divers other persons not now
before the Court.

The evidence we are now offering, your Honour, is precisely
of the type indicated by Sir Hartley Shawcross. It is
evidence which goes to prove the length and breadth of the
general conspiracy which is alleged in the Indictment.
Evidence showing contributions to one of the leading
conspirators, a conspirator who was in the forefront of the
unlawful programme to plunder public and private property
and to Germanise a large part of the world, is, it is
submitted, relevant to this proceeding.

May I continue?

THE PRESIDENT: Yes.

CAPTAIN HARRIS: I quote the last letter, EC-453, in its
entirety:--

     "Dear Reichsfuehrer:
     
     I thank you very much for your kind letter of the 14th
     of this month with which you made me very happy. At the
     same time I am enclosing a list with the total amount
     of funds made available to you by your circle of
     friends and totaling RM 1,000,000. We are very glad
     indeed to render some assistance to you in your special
     tasks and to be able to provide some small relief for
     you in your still further extended sphere of duties.
     
     Wishing you, dear Reichsfuehrer, the best of luck, I
     remain in old loyalty and esteem.
     
     Heil Hitler! Yours very truly."
     
I had intended, Your Honour, to quote the names of the
contributors; but I shall not, if your Honour considers it
unnecessary.

THE PRESIDENT: I don't think it would add to the expedition
of the trial, do you?

CAPTAIN HARRIS: Very well, sir. I am exceedingly grateful to
your Honour for your very kind attention.

THE PRESIDENT: Yes, Colonel Storey.

COLONEL STOREY: Does your Honour want to proceed now before
the recess?

THE PRESIDENT: No, perhaps we had better adjourn now for 10
minutes.

(A recess was taken.)


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