At the time I already pointed out that the crimes committed against German prisoners of war are of importance in order to understand the measures taken on the part of Germany. One cannot evaluate the underlying motives of the men who committed these offenses, or gave orders to commit them, if one fails to consider the background against which these deeds were enacted, or investigate the motives which caused them to commit these acts. And because of the importance of the motive, in order to know about the accusations raised by the Germans, it seems to me that this reference to this document is absolutely necessary.
THE PRESIDENT: Have you finished?
DR. STAHMER: Yes.
THE PRESIDENT: Well, we are here to try major war criminals; we are not here to try any of the signatory powers. Therefore you must justify the introduction of evidence against the signatory powers in some legal way.
DR. STAHMER: The presentation, if I may repeat, is made for the following reasons:
The defendants here are accused that under their leadership crimes and offenses against members of foreign armed forces were committed which are not in accordance with the Geneva Convention. On our part we plead that if harsh treatment and excesses occurred on the German side, they were caused by the fact that similar violations occurred also on the other side, and that consequently these offenses must be judged differently and not be considered as grave as would be the case if the opposite side had conducted itself correctly. Anyway, these facts are relevant for the evaluation of the motive.
THE PRESIDENT: Are you attempting to justify the introduction of this evidence on the ground of reprisals?
DR. STAHMER: Not only on the ground of reprisals, but from the point of view of the motive for the deed.
THE PRESIDENT: You are asking us to admit a document, a German governmental document. Now, under the Charter we are bound to admit documents, governmental documents, and reports of the United Nations, but it is nowhere said that we are bound to admit or are at liberty to admit documents issued by the German Government. We cannot tell whether those documents contained facts truly stated or not.
DR. STAHMER: We have here in the document books, court records of legal inquiries. These must in my opinion have the same value as evidence as official documents. They were records of court proceedings which are quoted in the White Book.