THE PRESIDENT: Which volume?
DR. STAHMER: In the trial brief.
THE PRESIDENT: We seem to have only 22 pages in our trial brief. Are there two volumes?
DR. STAHMER: Yes, I believe it is in the second trial brief. The division was made to accelerate the translation. May I continue?
The German Wehrmacht entered the war fully respecting the international conventions. No large-scale excesses by German soldiers were noted. Individual offenses were severely punished. However, immediately after the beginning of hostilities there appeared reports and descriptions of atrocities committed against German soldiers. These reports were carefully investigated. The result was recorded by the German Foreign Office in White Papers, which were sent to Geneva. In this way the White Book came into being which deals with the crimes against the laws of war and humanity committed by the Russian soldiers.
GEN. RUDENKO: Your Honors, Defense Counsel for Göring, Dr. Stahmer, intends to submit to the Tribunal and to read into the record excerpts from the so-called White Book which was published by the Hitler Government in 1941 in connection with some of the violations which supposedly took place concerning German prisoners of war. I consider that these excerpts cannot be submitted and read into the record here because of the following reasons:
There can be put in evidence only facts which refer to this case; there can be submitted to the Tribunal only documents which refer to the crimes which were perpetrated by the German major war criminals.
The White Book is a series of documents of invented data regarding violations which were perpetrated not by the fascist Germans but by other countries. Therefore the data contained in the White Book cannot serve as evidence in this case. This conclusion is all the more justified in that the White Book is a publication which served the purpose of fascist propaganda, and which tried by inventions and forged documents to justify or hide crimes which were perpetrated by the fascists. Therefore I request the Tribunal to refuse the reading into the record, or submitting to the Tribunal, excerpts from the so-called White Book.
THE PRESIDENT: On what theory do you justify the presentation of this evidence, Dr. Stahmer?
DR. STAHMER: The question whether it is possible and permissible to refer to these White Papers during this Trial as a means of evidence, has been discussed repeatedly. In particular it was the subject of debate when we were concerned with the question of whether I should be allowed to refer to this White Book as evidence. So far as I know, it has been admitted as evidence for the time being. It was already pointed out, during the debate which arose in regard to this subject, that, as far as evidence is concerned, it is relevant for the evaluation of the motives.