[Page 100]

"It follows from the above that the main weight of the action will have to be placed on lynchings. Should the campaign be carried out to such an extent that the purpose, to wit: 'the deterrence of enemy aviators,' is actually achieved, which goal is favoured by the Foreign Office, then the strafing attacks by enemy fliers upon the civilian populations must be stressed in a completely different propagandist manner."

"Ambassador Ritter has advised us by telephone on 29th June that the Minister for Foreign Affairs has approved this draft."

The second section is the destruction of the peoples in Europe. With regard to Poland, again I will not go into details, but I remind the Tribunal of the evidence of the witness Lahousen (Pages 275-6, Part 1), and his cross- examination on the 1st December (Pages 318-20, Part 1).

[Page 101]

"It shall be the duty of the Reich Protector, as representative of the Fuehrer and Chancellor of the Reich, and as Commissioner of the Reich Government, to see to the observance of the political principles laid down by the Fuehrer and Chancellor of the Reich.

3. The members of the government of the protectorate shall be confirmed by the Reich Protector. The confirmation may be withdrawn.

4. The Reich Protector is entitled to inform himself of all measures taken by the government of the protectorate and to give advice. He can object to measures calculated to harm the Reich, and, in case of danger, issue ordinances required for the common interest.

5. The promulgation of laws, etc., and the execution of administrative measures and valid sentences are to be suspended if the Reich Protector raises an objection."

Similarly, with regard to the Netherlands, on the 8th May, 1940, a decree of the Fuehrer was signed by Ribbentrop concerning the exercise of governmental authority in the Netherlands; and that is Document D-639, which I put in as Exhibit GB 154, Section 1 says:

"The occupied Netherlands territories will be administered by the 'Reich Commissioner for the Occupied Netherlands Territories' ... the Reich Commissioner is guardian of the interests of the Reich and vested with supreme civil authority.

Dr. Artur Seyss-Inquart is hereby appointed Reich Commissioner for the Occupied Netherlands Territories."

I simply, for the moment, put in as a matter of reference the general order of the defendant Seyss-Inquart, which is Exhibit GB 155, the document being 2921-PS. I do not intend to read it. I have summarised the effect of it, and it will be dealt with more fully by my French colleagues.

I want the Tribunal to appreciate, with regard to these two matters of Bohemia and the Netherlands, that the charge against this defendant is laying the basis and procuring the governmental structure under which the War Crimes and Crimes against Humanity were directed.

I also formally put in Exhibit GB 156, the discussion on the question of the Dutch population, which is contained in Document 1520-PS. Again, I have explained it generally and I do not want to occupy time by reading it in full now.

Finally, I come to the persecution of the Jews. In December, 1938, the defendant Ribbentrop, in a conversation with M. Bonnet, who was then Foreign Minister of France, expressed his opinion of the Jews. That was reported by the United States Ambassador, Mr. Kennedy, to the State Department. The report of Mr. Kennedy is Document L-205, which I now put in

[Page 102]

"During the day we had a telephone call from Berenger's office in Paris. We were told that the matter of refugees had been raised by Bonnet in his conversation with von Ribbentrop. The result was very bad. Ribbentrop, when pressed, had said to Bonnet that the Jews in Germany, without exception, were pickpockets, murderers and thieves. The property they possessed had been acquired illegally. The German Government had therefore decided to treat them as the criminal elements of the population. The property which they had acquired illegally would be taken from them. They would be forced to live in the districts of the criminal classes. They would be under police observation like other criminals. They would be forced to report to the police as other criminals were obliged to do. The German Government could not help it if some of these criminals escaped to other countries which seemed so anxious to have them. It was not, however, willing to let them take along with them the property which they had acquired through illegal operations. There was in fact nothing that it could or would do."

"It is certainly no coincidence that the fateful year 1938 has brought nearer the solution of the Jewish question, simultaneously with the realisation of the 'idea of Greater Germany,' since the Jewish policy was both the basis and consequence of the events of the year 1938."

"The final goal of German-Jewish policy is the emigration of an Jews living in Reich territory."

"These examples from reports from authorities abroad can, if desired, be amplified. They confirm the correctness of the expectation, that criticism of the measures for excluding Jews from German Lebensraum, which were misunderstood in many countries for lack of evidence, would only be temporary and would swing in the other direction the moment the population saw with its own eyes and thus learned, what the Jewish danger was to them. The poorer, and therefore the more burdensome the immigrant Jew becomes to the country absorbing him, the more strongly that country will react, and the more desirable is this effect in the interest of German propaganda. The object of this German action is the future international solution of the Jewish question, dictated not by false compassion for the 'United Religious Jewish minority' but by the full consciousness of all peoples of the danger which it represents to the racial composition of the nations."

[Page 103]

That is contained in Document 1752-PS, Exhibit GB 159. At the foot of Page 1, the Tribunal will see the following has been entered as an honorary member - Reich Foreign Minister Joachim von Ribbentrop. So that there is no doubt that this defendant was behind the programme against the Jews, which resulted in the placing of them in concentration camps with anyone else opposed to the Nazi way of life, and it is submitted that he must, as a minister in special touch with the head of the government, have known what was going on in the country and in the camps. One who preached this doctrine, and was in a position of authority, cannot, I submit to anyone who has had any material experience, suggest that he was ignorant of how the policy was carried out.

That is the evidence on the third allegation and I submit, by the evidence which I have recapitulated to the Tribunal, that the three allegations are proved.

With regard to the second, Hitler's own words were:

"In the historic year of 1938 the Foreign Minister, von Ribbentrop, was of great help to me, in view of his accurate and audacious judgement and the exceptionally clever treatment of all problems of foreign policy."

It is submitted that all the allegations which were read from Appendix A of the Indictment are completely proved against this defendant. I only wanted the Tribunal to allow me to add one fact on behalf of the British delegation. In the preparation of these briefs we have received great assistance from certain of our American colleagues, and I should like to thank once, but nevertheless, heartily, on behalf of all of us, Dr. Kempner's staff: Captain John W. Auchineloss, Lieutenants Richard Heller and Frederick Felton, Captain J. Robert Claggett, Captain Norman Stoll, and Mr. Karl Lachmann for the great help they have been to us.

THE PRESIDENT: We will adjourn now for ten minutes.

DR. SEIDL (Counsel for the defendant Frank): May it please the Tribunal, I have a motion to make.

THE PRESIDENT: On behalf of whom is your motion?

DR. SEIDL: I want to make a motion which concerns the indictment of Frank by the prosecution. The Charter of the Tribunal contains, in Part IV, regulations for a fair trial, and Article 16 determines that for the purpose of guarding the right of the defendants the following procedure shall be followed. "The Indictment shall include full particulars specifying in detail the charges against the defendants. A copy of the Indictment and of all the documents lodged with the Indictment, translated into a language which he understands, shall be furnished to the defendant at a reasonable time before the trial."

At the beginning of the trial the defendant Frank was handed a copy of the Indictment. This is the Indictment which was read on the first day. This is, if I may say so, a general Indictment. All actions are listed therein which,

[Page 104]

This morning I received a document. It has the title "The Individual Responsibility of the defendant Hans Frank for Crimes against the Peace, War Crimes and Crimes against Humanity" - or in German "die personliche Verantwortung des Angcklagten Frank fur Verbrechen gegen den Frieden, fur Kriegsverbrechen und Verbrechen gegen die Humanitat." This document is without any table of contents. It consists of 30 typewritten pages. In addition to this document, or Indictment, as I should like to call it, another document book has been given to me; this book here concerning Hans Frank. The first document, as well as the second document, are not in German but in English. This first document is in reality what I should call the Indictment against Frank, because here in this document of 30 pages, for the first time, are listed those individual activities of Frank which are to be regarded as criminal actions. At least one ought to say that this document is an essential part of the Indictment.

THE PRESIDENT: Interrupting you, the Tribunal has already expressed its desire that a motion such as this should be made in writing. The Tribunal considers that a motion of the sort which you are making, if made orally, is a waste of the Tribunal's time. It therefore desires you to put your motion in writing. It will then be considered.

DR. SEIDL: I regret that I had to make this motion now, but I was not able to make it in writing beforehand, having received this document only two and a half hours ago. My motion asks the prosecution that these two documents be given to the defendant Frank in the German language.

THE PRESIDENT: The Tribunal has not got the documents to which you are referring, but it is quite impossible for us to understand the motion you making unless you make it in writing and attach the documents or in some other way describe or explain to us what the documents are. We have not the documents that you are referring to.

DR. SEIDL: Then I shall make my motion in writing.

THE PRESIDENT: Mr. Roberts, can you explain to me what counsel who just spoke is complaining about?

MR. ROBERTS: I gather he was complaining that the trial brief and the document book which had been served on his client, Frank, were in English and not in German.

THE PRESIDENT: Who is dealing with the case against Frank?

MR. ROBERTS: It is being dealt with by the United States.

THE PRESIDENT: Perhaps I had better ask Colonel Storey, then.

COLONEL STOREY: If the Tribunal please, I think what counsel is referring to is the practice we have made of delivering in advance a copy of the document book and a copy of the trial brief. In this particular instance I happen to know that what counsel refers to is the trial address, which is to be read over the microphone, and as a courtesy to defence counsel, copies have been delivered in advance of the presentation, just like the other document books and briefs against the other individual defendants. That is what it is, as I understand it.

THE PRESIDENT: The documents which will be presented against the defendant Frank will be all translated?

COLONEL STOREY: I am sure they will, yes, Sit. I do not know about the individual case, but the instructions are that, as to the documents there will be photostats, each one in German, plus the English translation, for counsel, and

[Page 105]

THE PRESIDENT: Colonel Storey, I thought the Tribunal ordered, after consulting the prosecutors as to the feasibility of the scheme, that sufficient translators should be supplied to the defendant's counsel so that such documents, if in the English language, as trial briefs, might be translated to defendant's counsel. You will remember it was suggested that at least four translators, I think, should be supplied to the defendant's counsel.

COLONEL STOREY: If the Tribunal will recall, I think this is what was finally determined; that document books and briefs could be submitted in English and the photostatic copies submitted to defendant's counsel, and that if they wanted additional copies of the German, then they should request them and they would be furnished. I think that is what the final order was.

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