International Military Tribunal - The Nuremberg Trials - Complete Tribunal Proceedings (V. 6)

To accomplish this, they misused the conventions of the armistice. These, in fact, did not contain any economic clauses and did not include any secret provisions but consisted only of regulations, which were published. Nevertheless, the Germans utilized two clauses to promote their undertakings. I submit to the Tribunal as Document Number RF-203 a copy of the Armistice Conventions, and I cite Article 18, which reads as follows:

“The maintenance costs of German occupation troops in French territory will be charged to the French Government.”

This clause was not contrary to the regulations of the Hague Conventions, but Germany imposed payment of enormous sums, far exceeding those necessary for the requirements of an occupation army. Thus she was enabled to dispose, without furnishing any compensation, of nearly all the money which, in fact, was cleverly transformed into an instrument of pillage.

Article 17 of the Armistice Convention reads as follows:

“The French Government undertakes to prevent any transfer of economic securities or stocks from the territory to be occupied by the German troops into the non-occupied area or into a foreign country. Those securities and stocks in the occupied territory can be disposed of only in agreement with the Reich Government, it being understood that the German Government will take into account what is vitally necessary for the population of the non-occupied territories.”

Apparently the purpose of this clause was to prevent things of any kind which might be utilized against Germany from being sent to England or to any of the colonies. But the occupying power took advantage of this to get control of production and the distribution of raw materials throughout France, since the non-occupied zone could not live without the products of the occupied zone and vice versa.

This intention of the Germans is proved particularly by Document Number 1741-PS which was discovered by the American army, and which I now submit to the Tribunal as Exhibit Number RF-204.

I do not want to trouble the Tribunal by reading this long document, I shall give only a short summary.

It is a secret report, dated 5 July 1940 addressed to the President of the Council . . .

THE PRESIDENT: M. Gerthoffer, as this is not a document of which we can take judicial notice, I think you must read anything that you wish to put in evidence.

M. GERTHOFFER: I shall read a passage of the document to the Tribunal.

THE PRESIDENT: Very well.

M. GERTHOFFER: “Article 17 grants Germany the right to seize the securities and economic reserves in occupied territory, and any arrangements of the French Government are subject to approval by Germany.

“In compliance with the request of the French Government, Germany has agreed that when considering applications of the French Government regarding the disposal of securities and reserves in the occupied zone, she will also take into consideration the needs of the inhabitants of the non-occupied zone.”

I shall cite only this passage in order to shorten my explanatory remarks, and I now come to the following document, which is in the nature of a reply to the German official who drew up this report, a document which I submit as Exhibit Number RF-205 (Document Number EC-409) and which is a document found by the American army. Here is the reply to the document from which I just quoted one passage:

“The elimination of the demarcation line is now out of the question, and if the revival of the economic life of France is thereby paralyzed, that is quite immaterial to us. The French have lost the war and must pay for the damages. Upon my objection that France would then soon become a center of unrest, I was answered that either shots would settle that or the occupation of the still free zone.

“For all concessions we make, the French must pay dearly in deliveries from the unoccupied zone or the colonies. We must strive to stop non-coordination in the economic field in France.”

Finally, another document captured by the U. S. Army which I submit as Exhibit Number RF-206 (Document Number EC-325), signed by Dr. Gramsch, gives us the following information:

“In the course of the negotiations regarding relaxation of the restrictions of the demarcation line, it has been suggested that the French Government seize the gold and foreign currency in the whole of France.”

Further in this document:

“The foreign currency reserves of occupied France would strengthen our war potential. This measure could, moreover, be used in negotiations with the French Government as a means of pressure in order to make it show a more conciliatory attitude in other respects.”

A study of these documents shows the German intent, in disregard of all legal principles, to get all the wealth and economy of France under their control.

Through force the Germans succeeded, after one year of occupation, in putting all or nearly all the French economy under their domination. This is evident from an article, published by Dr. Michel, director of the Economic Office, attached to the Military Government in France which appeared in the Berliner Börsen Zeitung, of 10 April 1942. I submit it as Document Number RF-207, and shall read one passage from it:

“The task of the competent offices of the German military administration should be regarded as directing ‘Economic Direction,’ that is issuing directives and at the same time seeing that these directives are really followed.”

Further, on Page 12 of the statement, Dr. Michel writes:

“Now that the direction of raw materials and the placing of orders has been organized and is functioning efficiently, rigorous restrictions on consumption not important to war economy are a matter of prime consideration in France. The restrictions imposed upon the French population in respect of food, clothing, footwear, and fuel, have been for some time more severe than in the Reich.”

After having shown you, Mr. President and members of the Tribunal, in this brief introduction concerning the economic spoliation of France, the consequences of German domination upon this country, I give you an account of the methods employed to arrive at such a result. This will be the purpose of the four following chapters: German seizure of means of payment; clandestine purchases of the black market; outwardly legal acquisitions; finally, impressment of labor.

I. German seizure of means of payment.

This seizure was the result of paying occupation costs, the one-way clearing system, and outright seizures and levies of gold, bank notes, foreign currency, and the imposition of collective fines (Page 15).

Indemnity for the maintenance of occupation troops:

I shall not recapitulate the legal principles of the matter, but shall merely confine myself to a few explanatory remarks, so that you may realize the pressure which was brought to bear on the leaders in order to obtain the payment of considerable sums.

As I have had the honor of pointing out to you, in the Armistice Conventions the principle of the maintenance of occupation troops is succinctly worded, with no stipulation as to the amount and the method of collection. The Germans took advantage of this to distort and amplify this commitment of France, which became nothing more than a pretext for the imposition of exorbitant tribute.

At the first sessions of the Armistice Commission, the discussions bore on this point, while the French pointed out that they could only be forced to pay a contractual indemnity representing the cost of maintaining an army strictly necessary for the occupation of the territory. The German General Mieth had to recognize the just foundation of this claim and declared that troops which were to fight against England would not be maintained at expense to France.

This is evident from an extract of the minutes of the Armistice Commission, which I submit as Document Number RF-208. But later this General Mieth apparently was overruled by his superiors, since in the course of a subsequent session, 16 July 1940, without expressly going back on his word, he declared in this respect that he could not give any reply, that this question would no longer be discussed, and that, in short, everything necessary would be done to enable the French Government to draw up its budget. This appears from an extract of the minutes of the Armistice Commission which I submit as Exhibit Number RF-209.