Archive/File: imt/tgmwc/tgmwc-01/tgmwc-01-01.05
Last-Modified: 1999/08/16

(F) THE EXACTION OF COLLECTIVE PENALTIES

The Germans pursued a systematic policy of inflicting, in
all the occupied countries, collective penalties, pecuniary
and otherwise, upon the population for acts of individuals
for which it could not be regarded as collectively
responsible; this was done at many places, including Oslo,
Stavanger, Trondheim and Rogaland.

Similar instances occurred in France, among others in Dijon,
Nantes and as regards the Jewish population in the occupied
territories. The total amount of fines imposed on French
communities add up to 1,157,179,484 francs made up as
follows:

A fine on the Jewish population   1,000,000,000
Various fines                      157,179,484

These acts violated Article 50, Hague Regulations, 1907, the
laws and customs of war, the
general principles of criminal law as derived from the
criminal laws

                                                   [Page 19]

of all civilised nations, the internal penal laws of the
countries in which such crimes were
committed and Article 6 (b) of the Charter.

(G) WANTON DESTRUCTION OF CITIES, TOWNS AND VILLAGES AND
DEVASTATION NOT JUSTIFIED BY MILITARY NECESSITY

The defendants wantonly destroyed cities, towns, and
villages and committed other acts of devastation without
military justification or necessity. These acts violated
Articles 46 and So of the Hague Regulations, 1907, the laws
and customs of war, the general principles of criminal law
as derived from the criminal laws of all civilised nations,
the internal penal laws of the countries in which such
crimes were committed and Article 6 (b) of the Charter.

Particulars by way of example only and without prejudice to
the production of evidence of other cases, are as follows:

1. Western Countries:

In March, 1941, part of Lofoten in Norway was destroyed.

In April, 1942, the town of Telerag in Norway was destroyed.

Entire villages were destroyed in France, among others,
Oradour-sur-Glane, Saint-Nizier in Gascogne, La Mure,
Vassieu, La Chappelle en Vercors. The town of Saint Die was
burnt down and destroyed. The Old Port District of
Marseilles was dynamited in the beginning of 1943 and
resorts along the Atlantic and the Mediterranean coasts,
particularly the town of Sanary, were demolished.

In Holland there was most widespread and extensive
destruction, not justified by military necessity, including
the destruction of harbours, locks, dykes and bridges;
immense devastation was also caused by inundations which
equally were not justified by military necessity.

(H) CONSCRIPTION OF CIVILIAN LABOUR

Throughout the occupied territories the defendants
conscripted and forced the inhabitants to labour and
requisitioned their services for purposes other than meeting
the needs of the armies of occupation and to an extent far
out of proportion to the resources of the countries
involved.  All the civilians so conscripted, were forced to
work for the German war effort. Civilians were required to
register and many of those who registered were forced to
join the Todt Organisation and the Speer Legion, both of
which were semi-military organisations involving some
military training. These acts violated Articles 46 and 52 of
the Hague Regulations, 1907, the laws and customs of war,
the general principles of criminal law as derived from the
criminal laws of all civilised nations, the internal penal
laws of the countries in which such crimes were committed
and Article 6 (b) of the Charter.

Particulars, by way of example only and without prejudice to
the production of evidence of other cases, are as follows

1. Western Countries:

In France, from 1942 to 1944, 963,813 persons were compelled
to work in Germany and 737,000 to work in France for the
German Army.

In Luxembourg in 1944 alone, 2,500 men and 500 girls were
conscripted for forced labour.

(I) FORCING CIVILIANS OF OCCUPIED TERRITORIES TO SWEAR
ALLEGIANCE TO A HOSTILE POWER

Civilians who joined the Speer Legion, as set forth in
paragraph (H) were required, under threat of depriving them
of food, money and identity papers, to swear a solemn oath
acknowledging unconditional obedience to Adolf Hitler, the
Fuehrer of Germany, which was to them a hostile power.

THE PRESIDENT: The Tribunal will now adjourn until 2
o'clock.

(A recess was taken until 14.00 hours.)

THE PRESIDENT: Will the Chief Prosecutor for the French
Republic continue the reading of the indictment.

                                                   [Page 20]

M. MOUNIER:

(I) FORCING CIVILIANS OF OCCUPIED TERRITORIES TO SWEAR
ALLEGIANCE TO A HOSTILE POWER

Civilians who joined the Speer Legion, as set forth in
paragraph (H) were required, under threat of depriving them
of food, money and identity papers, to swear a solemn oath
acknowledging unconditional obedience to Adolf Hitler, the
Fuehrer of Germany, which was to them a hostile power.

In Lorraine, civil servants were obliged, in order to retain
their positions, to sign a declaration by which they
acknowledged the "return of their country to the Reich,"
pledged themselves to obey - without reservation the orders
of their chiefs and put themselves "at the active service of
the Fuehrer and the Great National Socialist Germany."

A similar pledge was imposed on Alsatian civil servants by
threat of deportation or internment.

These acts violated Article 45 of the Hague Regulations,
1907, the laws and customs of war, the general principles of
International Law and Article 6 (b) of the Charter.

(J) GERMANISATION OF OCCUPIED TERRITORIES

In certain occupied territories purportedly annexed to
Germany the defendants methodically and pursuant to plan
endeavoured to assimilate those territories politically,
culturally, socially and economically into the German Reich.
The defendants endeavoured to obliterate the former national
character of these territories. In pursuance of these plans
and endeavours, the defendants forcibly deported inhabitants
who were predominantly non-German and introduced thousands
of German colonists.

This plan included economic domination, physical conquest,
installation of puppet Governments, purported de jure
annexation and enforced conscription into the German Armed
Forces.

This was carried out in most of the Occupied Countries
including: Norway, France (particularly in the departments
of Upper Rhine, Lower Rhine, Moselle, Ardennes, Aisne, Nord,
and Meurthe), Luxembourg, the Soviet Union, Denmark,
Belgium, Holland.

In France in the Departments of the Aisne, the Nord, the
Meurthe and Moselle, and especially in that of the Ardennes,
rural properties were seized by a German State Organisation
which tried to have them exploited under German direction;
the landowners of these exploitations were dispossessed and
turned into agricultural labourers.

In the Department of the Upper Rhine, the Lower Rhine and
the Moselle, the methods of Germanisation were those of
annexation followed by conscription.

     From the month of August, 1940, officials who refused
to take the oath of allegiance to the Reich were expelled.
On 21st September expulsions and deportation of populations
began and on 22nd November, 1940, more than 70,000
Lorrainers or Alsatians were driven into the South zone of
France.  From 31st July, 1941, onwards, more than 100,000
persons were deported into the Eastern regions of the Reich
or to Poland. All the property of the deportees or expelled
persons was confiscated. At the same time, 80,000 Germans
coming from the Saar or from Westphalia were installed in
Lorraine and 2,000 farms belonging to French people were
transferred to Germans.

     From 2nd January, 1942, all the young people of the
Departments of the Upper Rhine and the Lower Rhine, aged
from 10 to 18 years, were incorporated in the Hitler Youth.
The same thing was done in the Moselle from 4th August,
1942.  From 1940 all the French schools were closed, their
staffs expelled, and the German school system was introduced
in the three departments.

     On 28th September, 1940, an order applicable to the
Department of the Moselle ordained the Germanisation of all
the surnames and Christian names

                                                   [Page 21]

     which were French in form. The same thing was done from
15th January, 1943, in the Departments of the Upper Rhine
and the Lower Rhine.

     Two orders from 23rd to 24th August, 1942, imposed by
force German nationality on French citizens.

     On 8th May, 1941, for the Upper Rhine and the Lower
Rhine, 23rd April, 1941, for the Moselle, orders were
promulgated enforcing compulsory labour service on all
French citizens of either sex aged from 17 to 25 years.
From 1st January, 1942, for young men and from 26th January,
1942, for young girls, national labour service was
effectively organised in the Moselle. It was from 27th
August, 1942, in the Upper Rhine and in the Lower Rhine for
young men only. The classes 1940, 1941, 1942 were called up.

These classes were retained in the Wehrmacht on the
expiration of their time and labour service. On 19th August,
1942, an order instituted compulsory military service in the
Moselle. On 25th August, 1942, the classes 1940-1944 were
called up  in three departments. Conscription was enforced
by the German authorities in conformity with the provisions
of German legislation. The first revision boards took place
from 3rd September, 1942. Later in the Upper Rhine and the
Lower Rhine new levies were effected everywhere on classes
1928 to 1939 inclusive.  The French people who refused to
obey these laws were considered as deserters and their
families were deported, while their property was
confiscated.

These acts violated Articles 43, 46, 55 and 56 of the Hague
Regulations, 1907, the laws and customs of war, the general
principles of criminal law as derived from the criminal laws
of all civilised nations, the internal penal laws of the
countries in which such crimes were committed and Article 6
(b) of the Charter.

IX. Individual, Group and Organisation Responsibility for
the Offence stated in Count Three

Reference is hereby made to Appendix A of this Indictment
for a statement of the responsibility of the individual
defendants for the offence set forth in this Count Three of
the Indictment. Reference is hereby made to Appendix B of
this Indictment for a statement of the responsibility of the
groups and organisations named herein as criminal groups and
organisations for the offence set forth in this Count Three
of the Indictment.

THE PRESIDENT: I will now call upon the Chief Prosecutor for
the Soviet Union.

CAPTAIN V. V. KUCHIN:

COUNT THREE-WAR CRIMES

All the defendants committed War Crimes between 1st
September, 1939  and 8th May, 1945, in Germany and in all
those countries and territories occupied by the German armed
forces since 1st September, 1939, and in Austria,
Czechoslovakia, Italy, and on the High Seas.

All the defendants, acting in concert with others,
formulated and executed a common plan or conspiracy to
commit War Crimes as (refined in Article 6 (b) of the
Charter.. This plan involved, among other things, the
practice of "total war" including methods of combat and of
military occupation in direct conflict with the laws and
customs of war, and the commission of crimes perpetrated on
the field of battle during encounters with enemy armies, and
against prisoners of war, and in occupied territories
against the civilian population of such territories.

The said War Crimes were committed by the defendants and by
other persons for whose acts the defendants are responsible
(under Article 6 of the Charter) as such other persons when
committing the said War Crimes performed their acts in
execution of a common plan and conspiracy to commit the said
War Crimes, in the formulation and execution of which plan
and conspiracy all the defendants participated as leaders,
organisers, instigators and accomplices.

These methods and crimes constituted violations of
international conventions, of internal penal laws and of the
general principles of criminal law as derived

                                                   [Page 22]

from the criminal law of all civilised nations, and were
involved in and part of a systematic
course of conduct.

(A) MURDER AND ILL-TREATMENT OF CIVILIAN POPULATIONS OF OR
IN OCCUPIED TERRITORY AND ON THE HIGH SEAS.

Throughout the period of their occupation of territories
overrun by their armed forces the defendants, for the
purpose of systematically terrorising the inhabitants,
murdered and tortured civilians, and ill-treated them, and
imprisoned them without legal process.

The murders and ill-treatment were carried out by divers
means, including shooting, hanging, gassing, starvation,
gross overcrowding, systematic under-nutrition, systematic
imposition of labour tasks beyond the strength of those
ordered to carry them out, inadequate provision of surgical
and medical services, kickings, beatings, brutality and
torture of all kinds, including the use of hot irons and
pulling out of fingernails and the performance of
experiments by means of operations and otherwise on living
human subjects. In some occupied territories the defendants
interfered with religious services, persecuted members of
the clergy and monastic orders, and expropriated church
property. They conducted deliberate and systematic genocide,
viz., the extermination of racial and national groups,
against the civilian populations of certain occupied
territories in order to destroy particular races and classes
of people and national, racial or religious groups,
particularly Jews, Poles and Gypsies and others.

Civilians were systematically subjected to tortures of all
kinds, with the object of obtaining information.

Civilians of occupied countries were subjected
systematically to "protective arrests" whereby they were
arrested and imprisoned without any trial and any of the
ordinary protections of the law, and they were imprisoned
under the most unhealthy and inhumane conditions.

In the concentration camps were many prisoners who were
classified "Nacht und Nebel." These were entirely cut off
from the world and were allowed neither to receive nor to
send letters.  They disappeared without trace and no
announcement of their fate was ever made by the German
authorities.

Such murders and ill-treatment were contrary to
International Conventions, in particular to
Article 46 of the Hague Regulations, 1907, the laws and
customs of war, the general principles of criminal law as
derived from the criminal laws of all civilised nations, the
internal penal laws of the countries in which such crimes
were committed, and to Article 6 (b) of the Charter.

The following particulars and all the particulars appearing
later in this count are set out herein by way of example
only, are not exclusive of other particular cases, and are
stated without prejudice to the right of the prosecution to
adduce evidence of other cases of murder and ill-treatment
of civilians.

2. In the U.S.S.R., i.e., in the Byelo-Russian, Ukrainian,
Esthonia , Latvian, Lithuanian, Karelo-Finnish and Moldavian
Soviet Socialist Republics, in nineteen regions of the
Russian Soviet Federated Socialist Republic, and in Poland,
Czechoslovakia, Yugoslavia, Greece, and the Balkans
(hereinafter called "the Eastern Countries").

From 1st September, 1939, when the German armed forces
invaded Poland, and from 22nd June, 1941, when they invaded
the U.S.S.R., the German Government and the German High
Command adopted a systematic policy of murder and ill-
treatment of the civilian populations of and in the Eastern
Countries as they were successively occupied by the German
armed forces.  These murders and ill-treatments were carried
on continuously until the German armed forces were driven
out of the said countries.

Such murders and ill-treatments included:

     Murders and ill-treatments at concentration camps and
similar establishments set up by the Germans in the Eastern
Countries and in Eastern Germany including those set up at
Maidanek and Auschwitz.

                                                   [Page 23]

     The said murders and ill-treatments were carried out by
divers means including all those set
     out above, as follows :

     About 1,500,000 persons were exterminated in Maidanek
and about 4,000,000 persons were exterminated in Auschwitz,
among whom were citizens of Poland, the U.S.S.R., the United
States of America, Great Britain, Czechoslovakia, France and
other countries.

     In the Lwow region and in the city of Lwow the Germans
exterminated about 700,000 Soviet people, including seventy
persons in the field of the arts, science and technology,
and also citizens of the U.S.A., Great Britain,
Czechoslovakia, Yugoslavia and Holland, brought to this
region from other concentration camps.

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