SIR DAVID MAXWELL-FYFE: My Lord, I object to this evidence. I was not quite sure whether Dr. Stahmer had passed dealing with this evidence with regard to the air war, or whether he was illustrating his argument. I want to make it quite clear that I object to the first part of it as being too remote, that is, the evidence about the various conferences which took place with regard to the regulation of aerial warfare.
With regard to the second part of the evidence, I object to the documents which purport to show that Great Britain attacked nonmilitary targets. Where I have been able to check the allegations, I find there is a complete dispute as to whether the targets were military or nonmilitary targets, and therefore I cannot accept the German official reports as being evidence of any purported value on their part, and I respectfully submit that, unless the Tribunal had authority from the Charter, it ought to take the same line.
I make these two additional points to the points raised by my learned friends, General Rudenko and Mr. Justice Jackson, on the general question. I do not want to take up more time with the argument by developing that point. I will be pleased to help with any aspect of it.
THE PRESIDENT: It seems to me, Dr. Stahmer, that this matter stands upon exactly the same footing as the matter upon which we have just ruled.
DR. STAHMER: That is right. I believe that from this book on aerial warfare one document is of importance in my opinion, which is quoted on Page 27. It is merely a statement by the French General Armengaud concerning the fact that the German Air Force operated in Poland in accordance with the laws of warfare and attacked military targets exclusively. I believe there will be no objection to reading at least this quotation. It is Page 27.
THE PRESIDENT: Page 27 of the trial brief?
DR. STAHMER: Page 27 of the trial brief. There I give a quotation from General Armengaud, the French Air Attaché in Warsaw, of 14 September 1939.
THE PRESIDENT: Yes.
DR. STAHMER: There it says: After the outbreak of war the German Air Force under its Commander-in-Chief, Göring, did not, by order of Hitler, attack any open cities in Poland; this was confirmed by Buttler, the British Under Secretary for Foreign Affairs on 6 September 1939, and by the French Air Attaché in Warsaw on 14 September 1939 (Documents 41 and 46 of the White Book). The latter, General Armengaud, says literally:
“I must emphasize that the German Air Force acted according to the laws of war; it attacked military targets only and, if civilians were often killed or wounded this happened because they were near the military targets. It is important that this should be known in France and in England, so that no reprisals will be taken where there is no cause for reprisals, and so that total aerial warfare will not be let loose by us.”