In the course of the occupation the invaded nations were systematically pillaged and brutally enslaved; and this would have permitted Germany to obtain her war aims, that is to say, to take the patrimony of the invaded countries and to exterminate their populations gradually, if the valor of the United Nations had not delivered them. Instead of becoming enriched from the looted property, Germany had to sink it into a war which she had provoked, right up to the very moment of her collapse.

Such actions, knowingly perpetrated and executed by the German leaders contrary to international law and particularly contrary to the Hague Convention, as well as the general principles of penal law in force in all civilized nations, constitute War Crimes for which they must answer before your high jurisdiction.

Mr. President, I should like to add that the French Prosecution had intended to present a statement on the pillage of works of art in the occupied countries of western Europe. But this question has already been discussed in two briefs of our American colleagues, briefs which seem to us to establish beyond any question the responsibility of the defendants. In order not to prolong the hearing, the French Prosecution feels that it is its duty to refrain from presenting this question again; but we remain respectfully at the disposal of the Tribunal in case, in the course of the trial, they feel they need further information on this question.

The presentation of the French Prosecution is concluded. I shall give the floor to Captain Sprecher of the American Delegation, who will make a statement on the responsibility of the Defendant Fritzsche.

CAPTAIN DREXEL A. SPRECHER (Assistant Trial Counsel for the United States): May it please the Tribunal, I notice that Dr. Fritz, the defendant’s attorney, is not here; and in view of the late hour, it would be agreeable if we hold it over until tomorrow.

THE PRESIDENT: It is 5 o’clock now, so we shall adjourn in any event now.

[The Tribunal adjourned until 23 January 1946 at 1000 hours.]


FORTY-FIRST DAY
Wednesday, 23 January 1946

Morning Session