Thus the German people, and with them the entire world, await from you a judgment which will not just be hailed today by the victor nations as the final victory over Germany, but which history will recognize as proper; a verdict in the name of justice.
THE PRESIDENT: I call on Dr. Servatius for the Defendant Sauckel.
DR. SERVATIUS: Mr. President, may it please the Tribunal:
The Defense of the Defendant Sauckel has, in the first place, to deal with the charge of “slave labor.” What is slave labor?
One cannot accept this as an established term comprising all the occurrences which, in bewildering abundance, are charged against the Defendant Sauckel under the heading “slave labor.” Particularly, those actions ought first to be examined from a legal point of view. The legal basis for this examination is the Charter. However, this Charter does not say what is to be understood by “slave labor” or by “deportation.” Therefore, these concepts must be clarified by interpretation. Article 6 of the Charter deals in two passages and from two different points of view with deportation and slave labor. Deportation is designated both a war crime and a crime against humanity, and forced labor appears as “slave labor” under the heading of War Crimes, and as “enslavement” under the heading of Crimes against Humanity.
The question of under what heading the mobilization of labor by the Defendant Sauckel should fall is of decisive importance; if it is a war crime, then it should be judged exclusively under martial law. If it is a crime against humanity, then the latter presupposes the commission of a war crime or of a crime against peace.
It follows therefrom that the deportation mentioned in Article 6(b) cannot be the same thing as deportation according to Article 6(c), nor can forced labor according to Article 6(b) be identical with forced labor under Article 6(c). The difference between the two kinds must be found in ...
THE PRESIDENT [Interposing]: That paragraph of your speech which is in English on Page 2, the second paragraph:
“It follows therefrom that deportation mentioned in Article 6(b) cannot be the same as deportation according to Article 6(c) ...” is not altogether clear to the Tribunal. Could you make it clearer?
DR. SERVATIUS: In Article 6(c) we deal with Crimes against Humanity, whereas in Article 6(b) we deal with War Crimes. In both articles the expressions deportation and forced labor are used, but there must be some differentiation, and my examination is directed at establishing this difference more exactly. I believe, Mr. President, that my further statements will make this clearer than it has heretofore been.