Then my fifth category, Number 27, which is the White Books of the German Foreign Office.
And I draw attention to Number 4, document to the Anglo-France policy of extending the war; Number 5, further document as to the western policy of extending the war; Number 6 are secret files of the French General Staff; Number 29, documentations and reports of the German Foreign Office regarding breaches of the Hague regulations for land warfare and Crimes against Humanity committed by the powers at war with the German Reich. These last documents seem to raise quite clearly the issues of tu quoque: If the Reich committed breaches of the laws and usages of war, other people did the same thing. The submission of the Prosecution is that that is entirely irrelevant. The standard is laid down by the conventions and it is no answer, even if it were true that someone else had committed breaches. But, of course, there is the additional reason, that it would be quite impracticable and intolerable if this Tribunal were to embark on the further task of investigating every allegation, however tenuously founded, that some one else had not maintained these conventions.
It is in the submission of the Prosecution—again I speak for all my colleagues—a matter which is completely irrelevant; and therefore we object to any evidence, whether oral or documentary, intended on that point. Of course, we all along have taken the view that we have no objection to the Defense Counsel having access to these documents in order to use them for refreshing their memory as to the background, but we object to their introduction in evidence for the reasons that I have given.
THE PRESIDENT: Yes, Dr. Stahmer, perhaps you could say in the first instance whether you agree, that so far as the books are concerned that you would be willing to provide the extracts upon which you rely? You cannot expect the Prosecution or the Tribunal to get the whole books translated.
DR. STAHMER: This was also not my intention, and I believe that I prefaced my list of documents with a remark in which, under Number 2 I had pointed out, and had declared myself willing to specify the quotations. To that extent, of course, the objection in itself is in order.
THE PRESIDENT: Yes, I see. Very well.
DR. STAHMER: Another topic the Prosecution has attacked is the books which I have cited, and which refer to the Treaty of Versailles. Here also I will state specifically to what extent I wish to use quotations from these books. As a matter of principle, however, the Defense must be granted the right to present its point of view in this matter, since after all. . .
THE PRESIDENT: Dr. Stahmer, all these books which Sir David referred to, of which the Tribunal will take judicial notice, of course, you can make comment upon them if you wish, as on any document of which the Tribunal takes judicial notice.
[There was a pause in the proceedings while the Judges conferred.]
THE PRESIDENT: Oh, I thought you were referring to the Treaty of Versailles.