Is it necessary to make any comment? Can we be surprised at this war leader giving orders to justice? What we heard about him yesterday makes us doubt that he is merely a military leader. We have quoted you his own words, “Effective and lasting intimidation can only be achieved by capital punishment.” Are such orders, given to courts of justice, compatible with military honor? “If in effect”—Keitel goes on to say in this Document—“the courts are unable to pronounce the death penalty, then the man must be deported.” I think you will share my opinion that, when such orders are given to courts, one can no longer speak of justice. In execution of this order, those of our compatriots who were not condemned to death and immediately executed were deported to Germany.
We now come to the third part of my statement: the question of deportation.
It remains for me to explain to you in what circumstances the deportations were carried out. If prior to that the Tribunal could suspend the sitting for a few minutes, I should be very grateful.
THE PRESIDENT: How long would you like us to suspend, M. Dubost?
M. DUBOST: Perhaps ten minutes, Your Honor.
[A recess was taken.]
DR. OTTO NELTE (Counsel for the Defendant Keitel): The French Prosecutor just now read from Document L-90, the so-called “Nacht und Nebel” decree. He referred to this decree and cited the words:
“Effective and lasting intimidation can only be achieved by capital punishment, or by measures which leave the relatives and the population in the dark about the fate of the culprit.”
The French Prosecutor mentioned that these were the very words of Keitel.
In connection with a previous case the President and the Tribunal have pointed out that it is not permissible to quote only a part of a document when by so doing a wrong impression might be created. The French Prosecutor will agree with me when I say that Decree L-90 makes it quite clear that these are not the words of the Chief of the OKW, but of Hitler. In this short extract it says: