My Lord, the second document is, as I said to the Tribunal, a letter to General Gamelin from General Weygand, who was then the Commander-in-Chief of the French Army in the Levant. It describes a plan which General Weygand had in mind with regard to possible operations in Greece. Nothing came of these operations before June 1940 when an armistice was made by Marshal Pétain on behalf of part of the French people—although not, of course, of the whole—and it can have no relevance to October 1940 when Greece was invaded by Italy, or to the position at the end of 1940 and the beginning of 1941 when the invasion of Greece begins to be considered in the German directives and operational orders which have been put in before the Tribunal.
That is the first point. And the same secondary point applies, that it was also a captured document which could not have been captured before June 1940; therefore, it can have no relevance to this defendant’s state of mind in August or September of 1939.
My Lord, as a matter of convenience, I have just made a list of the documents to which objections will be made and, My Lord, there are one or two additions which my French and Soviet colleagues have asked me to make, and I will deal with them when they arise.
My Lord, I would just like the Tribunal to have in mind that there are four geographical groups of documents as opposed to the groups under which they are arranged here, which the Tribunal will have to consider. One is formed by documents relating to the Low Countries, the second, which is Group G on the list which I have just put before the Tribunal, deals with Norway; a third deals with Greece, of which Document Raeder-29 is an example; and a fourth is Group E in the list which I have just put in, dealing with tentative proposals and suggestions made by various military figures with regard to the oil field in the Caucasus or operations on the Danube.
My Lord, the same objections which I have made particularly with regard to Documents Raeder-28 and 29 will apply generally to these groups, and I thought that I ought to draw the Tribunal’s attention to that fact. In addition, my friend Colonel Pokrovsky has intimated to me some special objections which we will have to certain documents on which he can assist the Tribunal himself when they arise.
But, My Lord, I do take these specific cases, 28 and 29, as objectionable in themselves, and I draw the Tribunal’s attention to the fact that they are also typically objectionable as belonging to certain groups.
The decision of the Tribunal, Your Lordship, is given in the morning session of 2 May 1946. Your Lordship said, “The question of their admissibility will be decided after they have been translated.”
M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic): May it please the Tribunal, I would ask the Tribunal for an opportunity to associate myself publicly with the declaration just made by Sir David and to propose a few examples which will show the degree of importance which should be attached to the documents in question.
The Defense is asking that the Tribunal take into account a document published in the German White Book Number 5, under Number 8. This document reports a statement by a French prisoner of war who is supposed to have said that he had been in Belgium since 15 April. However, the German White Book gives neither the name of this prisoner nor any indication of his unit. We have none of the information which we need in order to judge whether the statement is relevant. We are therefore faced with a document which is not authentic and which has no value as evidence.
The Defense is asking that Document Raeder-102 of the same document book be admitted by the Tribunal. I ask the Tribunal to let me make a few observations to show the one-sided manner in which these documents have been assembled by the German authorities in the White Book.