(2) Such acts constitute “plunder of public or private property” within the meaning of Article 6 (B) of the Charter of the International Military Tribunal. Save as they may be authorized by International Law (and hence “consented” to by the occupied countries), the acts complained of are of a character condemned by the criminal code of the occupied countries and, indeed, of all civilized nations. Absent such authority, the forcible permanent taking of money or other property whether from Government agencies or private persons, constitutes larceny or, as known in the international law of belligerent occupation, “pillage” (Garner, supra, pp. 472-473). The question of which court or courts may try and punish for the offense is one of jurisdiction only (see Garner, supra, pp. 475-480) and has been resolved by the Agreement and Charter of the International Military Tribunal.
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO GERMANIZATION AND SPOLIATION
| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 6, especially 6 (b, c). | I | 5 | |
| International Military Tribunal, Indictment Number 1, Sections III; VIII (E, J). | I | 15, 43, 51 | |
| 3737-PS | Hague Convention of 1907 respecting the Laws and Customs of War on Land, Annex, Articles 49, 52, 53, 55. | VI | 598, 599 |
| ————— | |||
| Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court. | |||
| ————— | |||
| *061-PS | Secret Bormann letter, 11 January 1944, concerning large-scale organization for withdrawal of commodities from occupied territories for use of bombed-out population in Germany. (USA 692) | III | 105 |
| *294-PS | Top secret memorandum signed by Brautigam, 25 October 1942, concerning conditions in Russia. (USA 185) | III | 242 |
| *661-PS | Secret thesis from the Academy of German Law, January 1940, on Resettlement. (USA 300) | III | 472 |
| *686-PS | Decree of the Fuehrer and Reich Chancellor to strengthen German Folkdom, 7 October 1939, signed by Hitler, Goering, Lammers and Keitel. (USA 305) | III | 496 |
| *862-PS | Memorandum by General Friderici, Plenipotentiary of the Wehrmacht to the Reich Protector of Bohemia and Moravia, initialled by Keitel, Jodl and Warlimont, 15 October 1940, concerning plan to Germanize Czechoslovakia. (USA 313) | III | 618 |
| *910-PS | Notes on Himmler’s plan for Germanization of Poland, 27 and 30 March 1942, from the Main Office, Interior Administration, initialled “Dr. S. H.”. (USA 310) | III | 639 |
| 997-PS | Top secret report by Seyss-Inquart concerning the situation in the Netherlands—Exploitation and Nazification in period 29 May to 19 July 1940. | III | 641 |
| *1029-PS | Paper entitled “Instructions for a Reich Commissar in the Baltic States”, 8 May 1941, found in Rosenberg’s “Russia File”. (USA 145) | III | 690 |
| *1058-PS | Excerpt from a speech, 20 June 1941, by Rosenberg before people most intimately concerned with Eastern Problem, found in his “Russia File”. (USA 147) | III | 716 |
| *1352-PS | Reports concerning the confiscation of Polish agricultural properties, 16 and 29 May 1940, signed Kusche. (USA 176) | III | 916 |
| 1445-PS | Report on conference at Ministry of Economics regarding use of Belgian and Dutch capital investments in southeastern European enterprises, 15 June 1940. | IV | 20 |
| *1456-PS | Thomas memorandum 20 June 1941; Keitel consulted about resources of USSR. (USA 148) | IV | 21 |
| 1741-PS | Collection of documents relating to the French Armistice. | IV | 228 |
| 1765-PS | Report of the Commissioner for the Four Year Plan Plenipotentiary for Special Missions on Black Market Activities, 15 January 1943. | IV | 325 |
| *1918-PS | Speech by Himmler to SS officers on day of Metz. (USA 304) | IV | 553 |
| 1991-PS | Sixth report on activity and final report of the German Armistice Delegation for Economy, and of Delegate of Reich Government for Economic and Financial Questions with French Government, 1 July 1943 to 17 August 1944. | IV | 605 |
| *1997-PS | Decree of the Fuehrer, 17 July 1941, concerning administration of Newly Occupied Eastern Territories. (USA 319) | IV | 634 |
| 2149-PS | Letter, 11 December 1942, to Foreign Office, enclosing statement of German Reichsbank concerning question of an increase of French contributions to Occupation expenses. | IV | 758 |
| *2233-D-PS | Frank Diary. Regierungsitzungen. 1941. October-December. Entry of 16 December 1941 at pp. 76-77. (USA 281) | IV | 891 |
| *2233-G-PS | Frank Diary. 1939. 25 October to 15 December. (USA 302) | IV | 903 |
| *2233-H-PS | Frank Diary. Tagebuch. 1941. Part II. Entry of 19 April 1941. (USA 311) | IV | 904 |
| *2749-PS | Title page of publication of Academy for German Law, 7th year, 1940. (USA 301) | V | 390 |
| *2915-PS | Extracts from German Labor, June-July 1942. (USA 306) | V | 580 |
| *2916-PS | Commitment of Manpower Doctrines-Orders-Directives, published by Office of Reich Commissioner for strengthening of National Character of German People, December 1940. (USA 307) | V | 581 |
| 3602-PS | Report on conversation (interview) between Mr. Hemmen and Mr. de Boisanger, 4 October. | VI | 314 |
| 3603-PS | Report on conversation between Mr. Hemmen and Mr. de Boisanger, 10 October. | VI | 314 |
| 3604-PS | Decree concerning rationing of industrial goods from Official Gazette of Military Commander in Belgium and Northern France, 1940-41, p. 37, Sec. 1. | VI | 315 |
| 3605-PS | Rationing decree, 27 May 1940, from Official Gazette of Military Commander in Belgium and Northern France, 1940-41, p. 37, Sec. 4. | VI | 315 |
| 3606-PS | Rationing decree, 27 May 1940, from Official Gazette of Military Commanders in Belgium and Northern France, 1940-41, p. 38, Sec. 10. | VI | 316 |
| 3607-PS | Public Notice on Board of Directors of Reichskreditkasse, from Official Gazette of Military Commander in Belgium and Northern France, 1940-41, p. 65. | VI | 316 |
| 3608-PS | Public Notice of Establishment of a Clearing system between Belgium and German Reich, 10 July 1940, from Official Gazette of Military Commander in Belgium and Northern France. | VI | 317 |
| 3609-PS | Decree for execution of rationing decree in Belgium, 5 November 1940, from Official Gazette of Military Commander in Belgium and Northern France. | VI | 318 |
| 3610-PS | Decree regarding Plant Commissars, 29 April 1941, from Official Gazette of Military Commander in Belgium and Northern France, 1940-41, p. 599. | VI | 319 |
| 3611-PS | Decree on economic measures against Jews, 31 May 1941, from Official Gazette of Military Commander in Belgium and Northern France, 1940-41, p. 620, Sec. 17. | VI | 320 |
| 3612-PS | Decree regarding prohibition of manufacturing of certain products, 6 August 1942, from Official Gazette of Military Commander in Belgium and Northern France, 1942, p. 986, Sec. 1. | VI | 321 |
| 3613-PS | Proclamation to Netherlands population, 25 May 1940, from Official Gazette for Occupied Dutch Territory, No. 1, 5 June 1940. | VI | 321 |
| 3615-PS | Report by Ostrow on examination of records of Reichskreditkasse, 29 September 1945. | VI | 322 |
| 3616-PS | Decree on prohibition to establish and enlarge enterprises and on shutting down enterprises, 30 March 1942, from Official Gazette of Military Commander in Belgium and Northern France, 1942, p. 865. | VI | 388 |
| *EC-3 | Letter of Liaison Staff at Supreme Headquarters, Armament Procurement Office directed to General Thomas, Chief of Wi Rue Amt, Berlin, 25 November 1941. (USA 318) | VII | 242 |
| EC-21 | Memorandum of Posse, 8 January 1940. | VII | 249 |
| EC-34 | Report No. 1 on activities of Military Administration for month of November 1940. | VII | 254 |
| EC-41 | Notice concerning seizure of security properties of Dutch and Belgian holdings, 23 May 1940. | VII | 255 |
| EC-43 | Report on conferences at Ministry of Economics, 20 August 1940, regarding acquisition of shares in important foreign enterprises in Southeast Europe. | VII | 258 |
| EC-69 | Memorandum of General Holder, 13 December 1939, regarding treatment of economical questions at the OKH. | VII | 262 |
| EC-84 | Report of Lt. Colonel Helder on reconversion of the economy, 7 December 1940. | VII | 263 |
| EC-86 | Report on financial contributions of the Occupied Areas. | VII | 264 |
| EC-87 | Report on contribution of Netherlands for German War economy. | VII | 278 |
| EC-101 | Affidavit by Schmid-Lossberg, 21 September 1945, concerning Holland, Belgium and France. | VII | 280 |
| EC-113 | Covering letter, 8 July 1940, to letter from Supreme Command of Armed Forces, concerning decision of Fuehrer in Armistice questions, and memorandum of Goering, 5 July 1940. | VII | 291 |
| *EC-126 | Economic Policy Directive for Economic Organization, East, Agricultural Group, 23 May 1941. (USA 316) | VII | 295 |
| EC-137 | Memorandum of Goering, 2 August 1940, regarding extension of German interests in foreign enterprise, and covering letter. | VII | 309 |
| EC-155 | Collection of planned decrees on economic matters, from Military Administration-Economy, pp. 50-74. | VII | 312 |
| EC-256 | Letter from Dr. Lammers to Goering and Funk, 12 October 1937. | VII | 346 |
| EC-261 | Letter from Funk to all Ministries, 14 March 1938, regarding appointment of Sarnow, deputy of Plenipotentiary for War Economy. | VII | 371 |
| EC-263 | Note on draft of decree on confiscation of private Polish property. | VII | 373 |
| EC-267 | Development and Position of French Industry in area of Military Commander, France, in 1941, from Report on Economy by Military Commander, France. | VII | 376 |
| *EC-305 | Minutes of meeting on 12 February 1940, under Chairmanship of Goering concerning labor supply in the East. (USA 303) | VII | 402 |
| EC-323 | Telegram signed Schleier, dated Paris 26 April 1941. | VII | 406 |
| EC-335 | Report of the Military Administration in Belgium and Northern France, January-March 1943. | VII | 407 |
| EC-336 | Report of the Reich Minister for Occupied Eastern Territories, 26 November 1942, concerning treatment of Poles under his jurisdiction. | VII | 408 |
| EC-344-7 | Report on Armament Economy in | ||
| Poland, 1939-1940. | VII | 416 | |
| *EC-344 16 and 17 | Thomas report, 20 August 1940, summarizing experience with German Armament Industry in Poland 1939-40 and extract from report by Captain Dr. Varain on same subject. (USA 297) | VII | 419 |
| *EC-347 | Directives for operation of the Economy in Occupied Eastern Territories. (USA 320) | VII | 421 |
| EC-401 | Letter from Office Four Year Plan, 8 July 1942, on seizure of Belgian gold. | VII | 439 |
| *EC-410 | Appendix to Goering’s directive of 19 October 1939 concerning the economic administration of Occupied Territories. (USA 298) | VII | 466 |
| *EC-411 | Order by Hess concerning the reconstruction of certain industrial enterprises in Poland, 20 November 1939. (USA 299) | VII | 469 |
| EC-422 | Extracts from History of the War Economy—and Armament Staff in France. | VII | 481 |
| EC-427 | Letter from Lammers to Reichsbank Directorate, 20 January 1939, on appointment of Funk as President of Reichsbank. | VII | 484 |
| *EC-453 | Letter to Himmler, 21 September 1943, and list of contributions by his friends. (USA 322) | VII | 510 |
| *EC-454 | Letter to Himmler, 27 August 1943, regarding contributions by his friends. (USA 321) | VII | 512 |
| EC-465 | Letter from Commissar with the Netherlands Bank, 9 December 1940, with November report to Fuehrer. | VII | 518 |
| EC-468 | Letter from Commissar at the Netherlands Bank, 10 February 1941, with report for January 1941 to Fuehrer. | VII | 524 |
| EC-469 | Memorandum on meeting in Duesseldorf, 25 May 1940. | VII | 536 |
| EC-470 | Special Events in the field of procurement of means of production, raw material, semi-finished products. | VII | 538 |
| EC-471 | Armament Inspectorate Netherlands—War Diary for time from 1 January-31 March 1943. | VII | 538 |
| *EC-472 | Directives of Reich Marshal Goering concerning economic organization of Occupied Eastern Territories. (USA 315) | VII | 539 |
| EC-472-A | War Diary of Armament Inspectorate from 10 April 1940-30 September 1942. | VII | 540 |
| EC-473 | Extract from History of Armament Inspectorate—Netherlands. | VII | 542 |
| EC-474 | Letter, 1 June 1940, enclosing report of Armament Inspectorate Netherlands. | VII | 542 |
| EC-485 | Minutes on Goering Meeting, 1 October 1940, on the economic exploitation of Occupied Territories. | VII | 543 |
| EC-560 | Extract from War Diary of Armament Inspectorate—Belgium 21 January 1941, regarding right to remove machinery. | VII | 584 |
| EC-604 | Letter from Military Commander in Belgium and Northern France, 1 May 1942. | VII | 584 |
| EC-605 | Letter of the Commissar with the Emission Bank in Brussels, 29 October 1942, with enclosure. | VII | 585 |
| EC-606 | Minutes concerning conference with Field Marshal Goering at Karinhall, 30 January 1940. | VII | 588 |
| EC-613 | Memorandum on contributions of French economy in favor of France performed at instigation of Military Commander in France. | VII | 602 |
| EC-614 | Memorandum of the Military Commander in France. | VII | 602 |
| EC-615 | Notes by General Thomas on Meeting with Colonel General Keitel, 1 December 1939. | VII | 603 |
| EC-616 | Interference of War Economy and Armament Staff with raw material rationing boards from Situation Report of War Economy and Armament Staff of France. | VII | 603 |
| EC-617 | Extracts from Situation Report of War Economy and Armament Staff of France. | VII | 604 |
| EC-618 | Service instructions for Economic Squads. | VII | 604 |
| EC-619 | Clearing agreement of 14 November 1940, for French-German payments. | VII | 608 |
| EC-620 | Directive of Goering on exploitation of the Occupied Western Territories, 26 August 1940. | VII | 608 |
| ECH-1 | Final report of Military Commander Belgium, Part 10, Section I, concerning German-Belgian trade. | VII | 609 |
| ECH-2 | Report on Economic Planning of Military Commander Belgium and Northern France, 13 September 1940. | VII | 610 |
| ECH-3 | Final Report of Chief of Military Administration in Belgium and Northern France. | VII | 611 |
| ECH-4 | Annual report of Military Commander of Belgium and Northern France, 15 July 1941. | VII | 613 |
| ECH-5 | Final Report of Military Commander in Belgium and Northern France. | VII | 615 |
| ECH-6 | Final report of Military Commander in Belgium and Northern France. | VII | 620 |
| ECH-7 | Final Report of Supervisory Office with Military Commander in Belgium and Northern France on legalized exploitation of black market in Belgium and Northern France. | VII | 622 |
| ECH-9 | Circular of Military Commander, 19 June 1943, concerning prohibition of black market purchase. | VII | 629 |
| ECH-10 | Final Report of Military Commander on machinery clearing. | VII | 629 |
| ECH-11 | Final Report of Military Commander on Church Bell drive in Belgium. | VII | 631 |
| ECH-12 | Report of Activity Department for “Protection of Art” of Military Commander Belgium and Northern France. | VII | 632 |
| ECH-14 | Letter from Speer, 23 June 1943, with covering letter. | VII | 632 |
| ECH-15 | Draft of letter to Falkenhausen, 22 May 1944. | VII | 634 |
| ECH-16 | Memorandum from Military Administration Department for Culture, 17 May 1944, concerning requisition of scientific instruments. | VII | 635 |
| ECH-19 | Final Report of Military Commander showing total picture of consolidation of Belgian Textile Industry. | VII | 636 |
| ECH-21 | Letter from Military Commander in Belgium and Northern France to General Falkenhausen, 12 October 1940, and annexes. | VII | 637 |
| ECH-22 | Final Report of Military Commander, concerning foreign exchange and gold. | VII | 639 |
| ECH-23 | Report of Military Commander on supplies in the German interest in Belgium and Northern France in 1941. | VII | 641 |
| ECH-24 | Introduction to Final Report of Military Commander by Dr. Beyer. | VII | 642 |
| ECR-14 | Memorandum from Commissar at the Belgian National Bank on Clearing Transfers, 24 March 1941. | VII | 642 |
| ECR-24 | Annual report of the Commissar at the National Bank of Belgium, covering period May 1940-May 1941. | VII | 642 |
| ECR-32 | Memorandum from Reich Marshal of the Greater German Reich Commissioner for the Four Year Plan, 11 June 1941, on occupation costs in Belgium and covering letters. | VII | 667 |
| ECR-35 | Memorandum from Special Commissioner West of the Reichskreditkassen, 2 August 1941. | VII | 670 |
| ECR-39 | Memorandum from Military Commander in Belgium and Northern France, 2 August 1941, concerning procurement of Occupation Costs in Belgium, and covering letter. | VII | 671 |
| ECR-59 | Memorandum from Military Commander in Belgium and Northern France, 2 October 1941, on contributions from Belgium to the limit of its capacity, and covering letter. | VII | 676 |
| ECR-72 | Memorandum from Special Commissioner West of RKK, 22 December 1941, ordering Emission Bank to pay out clearing transfer. | VII | 681 |
| ECR-89 | Letter from Military Commander in Belgium and Northern France, 2 March 1942, concerning payment for German Military Expenditures in Belgium through clearing; and letter of transmittal. | VII | 682 |
| ECR-104 | Letter from Military Commander in Belgium and Northern France, 24 April 1942, concerning payment of expenses of German Armed Forces in Belgium in clearing. | VII | 685 |
| ECR-106 | Memorandum from Commissar at the National Bank of Belgium, 1 May 1942, on use of occupation funds for black market purchases and political purposes. | VII | 686 |
| ECR-115 | Teletype, 27 July 1942, on position of Reichsbank regarding requisition of Belgian gold. | VII | 689 |
| ECR-132 | Report of the Commissar at the National Bank of Belgium, 1 December 1942, covering period August-October 1942. | VII | 690 |
| ECR-142 | Letter from Military Commander in Belgium and Northern France, 22 February 1943, on exchange of RKK notes in Belgium. | VII | 695 |
| ECR-149 | Third Annual Report of the Commissar at the National Bank of Belgium, 5 June 1943. | VII | 700 |
| ECR-155-A | Memorandum from Special Commissioner West of Reichskreditkassen, 7 December 1943, on occupation costs. | VII | 716 |
| ECR-166 | Memorandum from Special Commissioner West of Reichskreditkassen, 10 May 1944, concerning cash situation of Chief Paymaster at Military Commander in Belgium and Northern France. | VII | 718 |
| ECR-172 | Letter from Reichskommissar for Occupied Territories of Belgium and Northern France, 21 July 1944, concerning equalization of monthly balance in giro traffic of Reichskreditkassen. | VII | 720 |
| ECR-173 | Report of Commissar at the National Bank of Belgium, 15 August 1944, on total occupation charges and Belgium clearing balance. | VII | 721 |
| ECR-174 | Report of the Commissar of the Netherlands Bank for the month May 1941, dated 12 June 1941. | VII | 726 |
| ECR-175 | Letter from RKK Amsterdam to Central Administration of RKK Brussels, 18 May 1941, concerning occupation costs. | VII | 732 |
| ECR-176 | Letter from RKK Amsterdam to Central Administration of RKK Brussels, 27 May 1941, concerning occupation costs. | VII | 733 |
| ECR-177 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 30 June 1941, concerning occupation costs. | VII | 735 |
| ECR-178 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 25 July 1941, concerning occupation costs. | VII | 735 |
| ECR-179 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 28 August 1941, concerning occupation costs. | VII | 735 |
| ECR-180 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 30 September 1941, concerning occupation costs. | VII | 736 |
| ECR-181 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 28 October 1941, concerning occupation costs. | VII | 737 |
| ECR-182 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 29 November 1941, concerning occupation costs. | VII | 737 |
| ECR-183 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 6 January 1942, concerning occupation costs. | VII | 738 |
| ECR-184 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 30 January 1942, concerning occupation costs. | VII | 739 |
| ECR-185 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 27 February 1942, concerning occupation costs. | VII | 740 |
| ECR-186 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 28 March 1942, concerning occupation costs. | VII | 740 |
| ECR-187 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 30 April 1942, concerning occupation costs. | VII | 741 |
| ECR-188 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 13 July 1942, concerning occupation costs. | VII | 742 |
| ECR-189 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 13 August 1942, concerning occupation costs. | VII | 743 |
| ECR-190 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 31 August 1942, concerning occupation costs. | VII | 743 |
| ECR-191 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 30 September 1942, concerning occupation costs. | VII | 744 |
| ECR-192 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 6 November 1942, concerning occupation costs. | VII | 744 |
| ECR-193 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 7 December 1942, concerning occupation costs. | VII | 745 |
| ECR-194 | Letter of Commissar at the Netherlands Bank Amsterdam, enclosing report on contributions of Holland for Germany during the first year of occupation, 28 May 1941. | VII | 745 |
| ECR-195 | Letter from RKK Amsterdam to Central Administration of RKK Berlin, 21 April 1942, concerning Dutch East Help. | VII | 747 |
| ECR-196 | Report of the Commissar of the Netherlands Bank, 9 May 1941. | VII | 748 |
| ECR-197 | Circular of the Reichsminister of Economics in foreign exchange matters, 31 March 1941. | VII | 749 |
| *L-70 | Speech by Himmler at Bad Schachen, 14 October 1943, on the Question of Security. (USA 308) | VII | 818 |
| *L-221 | Bormann report on conference of 16 July 1941, concerning treatment of Eastern populations and territories. (USA 317) | VII | 1086 |
| *R-92 | Instruction for internal use on application of law concerning property of Poles of 17 September 1940; copy of monthly report 31 May 1942 with statistics on farms and estates seized and confiscated in the Incorporated Eastern Territories; copy of letter from SS officer to Himmler, 20 November 1940. (USA 312) | VIII | 61 |
| *R-112 | Orders issued by Reich Commissioner for the Consolidation of German nationhood, 16 February 1942, 1 July 1942, 28 July 1942. (USA 309) | VIII | 108 |
| *R-114 | Memoranda of conferences, 4 and 18 August 1942, concerning directions for treatment of deported Alsatians. (USA 314) | VIII | 122 |
Chapter XIV
THE PLUNDER OF ART TREASURES
1. THE EINSATZSTAB ROSENBERG
A. Formation, Purpose, Powers.
On 29 January 1940 Hitler issued a decree in the following terms:
“The ‘Hohe Schule’ is supposed to become the center for national socialistic ideological and educational research. It will be established after the conclusion of the war. I order that the already initiated preparations be continued by Reichsleiter Alfred Rosenberg, especially in the way of research and the setting up of the library.