The fifth instrument which we must mention consisted of the local branches of the National Socialist Party and the similarly inspired organizations which sought to organize nationals in the occupied country. These organizations served as auxiliaries to the German authorities; and in a specific case, that of Norway, they provided the foundation of a so-called government.
I have thought fit to outline this picture, as it seems to me that the Prosecution may draw from it an interesting conclusion in regard to the points I have already touched on in my statement on Luxembourg.
We have seen, in effect, that the German line of policy for the usurping of sovereignty was carried out by means of various organs which were associated with this action. In the occupied countries—and we must not forget that this usurpation provided the method for the commission of crimes—this usurpation was not the exclusive work of an official, or of an ambassador, or of a military commander. In countries which had a Reich Commissioner there also existed a military administration. A country placed under the sole regulating authority of the Army also had diplomatic agents. In all countries there were police authorities.
In all these occupied countries, as a result of the occupation and the usurpation of sovereignty, there were systematic abuses and crimes. Many of them are already known to the Tribunal. Others have still to be mentioned.
From what I have just said, we see that the responsibility for these abuses does not exist only with one or the other of these administrations which we have mentioned, it exists with all of them. It may be true that in Belgium, for instance, there was no diplomatic representation; but there was such representation in France and in Denmark. It therefore follows that the Department of Foreign Affairs and its head could not help being aware of the conditions under the occupation which, as far as the principal features are concerned, were similar in the different countries.
Moreover, as I have just said, these coexisting administrations had no fixed division of functions. Even if this division of functions had existed, it must be pointed out that the responsibility and the complicity of each in the action of the others would have been sufficiently proved by their knowledge and their approval—which was at least implicit with regard to this action. But even this division did not exist, and we shall show that all were associated and accomplices in a common action.
Now, this very fact involves a more far reaching consequence. The association and complicity of these various departments involves all the leaders and all the organizations here accused in a general responsibility. I shall explain this point by giving an example. If, for instance, all the abuses and all the crimes had been committed only by the Army without a single interference, perhaps it would be possible for one important person, or organization, having no military functions, to claim that it had no knowledge of these abuses and of these crimes. Even in this case I think this claim would be difficult to uphold, because the vast scope of the enterprises which we denounce made it impossible for anyone who exercised a higher authority not to know of these things. However, since several administrations are jointly responsible, it necessarily follows that the other authorities are also responsible, because the question at this point is no longer the question whether one administration is involved, or even three, but all the administrations; it involves the consubstantial element of all the authorities of the State.
I shall speak later of the order concerning the deportation of the Jews; and I shall show that this order was the result of a common action of the military administration, the diplomatic administration, and the Security Police, in the case of France. It follows that in the first place the Chief of the High Command, in the second place, the Minister of Foreign Affairs, and in the third place, the Chief of the Security Police and Reich Security Service—these three persons—were all necessarily informed and necessarily approved this action, for it is clear that their offices did not keep them in ignorance of such plans concerning important affairs and that, moreover, decisions were agreed upon on the same level in the three different administrations.
Therefore these three persons are responsible and guilty. But is it possible that, by an extraordinary chance, among the persons who directed the affairs of the Reich, as ministers or as persons holding equivalent offices, these three persons turned out to be criminals and the only ones to be criminals and that they had conspired among themselves to hide from the others their criminal actions? This idea is manifestly absurd. In view of the interpenetration of all the executive departments in a modern state, all the leaders of the Reich were necessarily aware of and agreed with the usurpation of sovereignty in the occupied countries, as well as the criminal abuses resulting therefrom.
In this chapter I shall go on to speak first of Denmark, which is a special case. Then I shall speak of the civil administration which existed in Norway and in Holland, and finally I shall speak of the military administration which was the regime in Belgium and in France.