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“Regarding the food situation in Belgium, neither the minimum for existence for the civilian population is secured nor the minimum amount necessary for feeding heavy laborers who are employed solely in the interest of the German war economy.”

I shall not dwell on this. This undernourishment of the Belgian population has been the inevitable and the most serious result of the huge levies made by the occupation authorities who willfully disregarded the elementary requirements of an occupied country in order to pursue only the war aims of the Reich.

The lowering of the average standard of health and the rise in the death rate in Belgium from 1940 to 1945 may therefore be rightly considered the direct result of the spoliations committed by the Germans in Belgium in transgression of international law.

I have concluded the presentation on Belgium.

I would like to make a few brief remarks on the economic pillaging of Luxembourg (Page 106).

Supplementing the presentation on Belgium it is fitting to present to the Tribunal some details on the conduct of the Germans in Luxembourg. The Government of the Grand Duchy has submitted a general summary of its accusations which has been lodged with the Tribunal as Document Number UK-77 and in which an extract covering the crimes against property, the economic section, is in the document book under the Number RF-194.

The Germans, shortly after their entry into the Grand Duchy, proceeded to annex it in fact. This attitude, similar enough to that adopted towards the inhabitants of the Departments of Moselle, Bas-Rhin, and Haut-Rhin, calls for some remarks.

As was their wont, one of the first measures they put into effect was the exchange of the Luxembourg money at the rate of 10 Luxembourg francs to 1 mark. This was the subject of the ordinance of 26 August 1940, to be found in the document book under Number 195 (Document Number RF-195). This rate of exchange did not correspond to the respective purchasing power of the two currencies. It constituted a considerable levy on the wealth of the inhabitants and especially assured the Germans of a complete seizure of the monies. It thus procured for them the means for seizing a considerable part of the reserves of raw materials and manufactured goods of the country. The purchases were paid for in depreciated marks on the basis of controlled prices imposed by the Germans.

Finally, by the Ordinance of 29 January 1941, the Reichsmark was introduced as the only legal tender (ordinance submitted as Document Number RF-196). The Luxembourg francs and the Reichskreditkasse notes were taken out of circulation, as well as Belgian francs, up to then considered as currency of the Franco-Luxembourg monetary union. All of these became foreign currency, as from 5 February 1941.

I should like to draw the attention of the Tribunal to the fact that of all the countries occupied by Germany, Luxembourg is, like Alsace and Lorraine, one of the few countries which was totally deprived of its national currency.

Moreover, to procure for the Reich the financial means necessary for the prosecution of the war, the ordinance of 27 August 1940 (Document Number RF-197) prescribed compulsory delivery of gold and foreign currency. Moreover, the same ordinance stipulated that foreign shares and bonds had to be offered for sale to the Reichsbank at rates and under conditions fixed by the occupying power.

As has already been pointed out, the Germans seized industrial stocks. In this respect, the report dated 21 May 1940, on the economic situation in Holland, Belgium, and Luxembourg, contains information on the stocks found in the country:

1,600 million tons of iron ore; 125,000 tons of manganese; 10,000 tons of crude iron; 10,000 tons of ferro-manganese; 36,000 tons of plated products and finished products, and I could continue this enumeration. The German seizure spread from stocks to the management of the industrial production.

According to the memorandum presented by the Reparations Commission of the Luxembourg Government, Document Number RF-198, the total economic damages amount to 5,800 million Luxembourg francs at the 1933 value. This figure can be analyzed as follows:

Industry and commerce, 1,900 million; Railroads, 200 million; Roads and Highways, 100 million; Agriculture, 1,600 million; Damage to property in general, 1,900 million.

From the same official source, the total loss in capital represents about 33 percent of the national wealth of Luxembourg, before the war estimated at approximately 5,000 million Luxembourg francs.

The effect on the financial and monetary situation of the country was a loss exceeding 6,000 million Luxembourg francs. In these damages the increase in circulation of money and the amount of forced investments in Germany—more than 4,800 million Luxembourg francs—as well as an additional charge imposed upon the taxpayers of the Grand Duchy following the introduction of the German fiscal system figure particularly. To these burdens must be added the skimming of profits, fines, and the allegedly voluntary gifts of every kind imposed upon Luxembourg.

Similar to what was done in other countries, the Ordinance of 21 February 1941 (Document Number RF-199, Exhibit Number RF-199 of the document book concerning Luxembourg) provided that no German managers could be appointed in large enterprises, particularly in smelting works, who—and this is the text of the ordinance—“would not be prepared to favor the interests of Germanism in every circumstance.”

The task of these commissioners was to insure for the Reich, within the scope of the Four Year Plan, the direction and control of exploitation in the exclusive interest of the German war effort. Thus, on 2 August 1940, the “Reichskommissar” for the administration of enemy property appointed to the largest metal company in Luxembourg, the United Steel Works of Burbach-Eich-Dudelange (Arbed), three German commissioners who ensured the complete control of the company. Neither did other large companies escape this domination as can be seen from the documents submitted to the Tribunal under Number 200 (Document Number RF-200).

The spoliation of Luxembourg and foreign interests in the insurance field, one of the most important branches of Luxembourg’s activities, was complete. With the exception of three Swiss companies and a German company, all transactions were prohibited to the Luxembourg companies, whose assets were transferred to German insurance companies—in an official way as regards the national companies, and secretly as regards the foreign companies.

The insurance companies of Luxembourg were deprived of the premiums from fire insurance by the introduction of compulsory fire insurance, for which the German companies were given the monopoly.

Introducing in Luxembourg their racial policy, the National Socialists seized and confiscated all Jewish property in the Grand Duchy to the profit of the “Verwaltung für die Judenvermögen” (Administration of Jewish Property).

Also in regard to the Umsiedlungspolitik (resettlement policy), 1,500 families (that is 7,000 Luxembourg persons) were deported. The Germans took possession of their property. A German trust company, set up in the German Office for Colonization and Germanization, was charged with the administration of this property, and, in fact, set about to liquidate it. Important assets were thus confiscated and transferred to the Reich.

Germans from the Tyrol were, as has already been pointed out, installed in the buildings, and industrial, commercial, and artisan enterprises of the deportees.

That is to say, Your Honors, that the Grand Duchy of Luxembourg was the victim of economic pillage as systematically organized as that in Belgium.

THE PRESIDENT: M. Delpech, the Tribunal is grateful to you for the way in which you have performed the task which they asked you to perform last night, a task which is not altogether easy, of shortening the address which you had intended to make. As far as they are able to judge, no essential parts of your address have been omitted. It is of great importance that the Trial should be conducted, as the Charter indicates, in an expeditious way, and it was for this reason that the Tribunal asked you, if you could, to shorten your address.

M. DELPECH: I thank you, Your Honor, for your kindness.

THE PRESIDENT: Yes, M. Gerthoffer.

M. CHARLES GERTHOFFER (Assistant Prosecutor for the French Republic): Mr. President, Your Honors, I come to the sixth section of this presentation, which deals with the economic pillage of France.

When the Germans invaded France, they found there considerable wealth. They set about with ingenuity to seize it and also to subjugate the national production.

When they failed to attain their ends by mere requisitions, they resorted to devious methods, using simultaneously ruse and violence, striving to cloak their criminal actions with legality.

To accomplish this, they misused the conventions of the armistice. These, in fact, did not contain any economic clauses and did not include any secret provisions but consisted only of regulations, which were published. Nevertheless, the Germans utilized two clauses to promote their undertakings. I submit to the Tribunal as Document Number RF-203 a copy of the Armistice Conventions, and I cite Article 18, which reads as follows:

“The maintenance costs of German occupation troops in French territory will be charged to the French Government.”

This clause was not contrary to the regulations of the Hague Conventions, but Germany imposed payment of enormous sums, far exceeding those necessary for the requirements of an occupation army. Thus she was enabled to dispose, without furnishing any compensation, of nearly all the money which, in fact, was cleverly transformed into an instrument of pillage.

Article 17 of the Armistice Convention reads as follows:

“The French Government undertakes to prevent any transfer of economic securities or stocks from the territory to be occupied by the German troops into the non-occupied area or into a foreign country. Those securities and stocks in the occupied territory can be disposed of only in agreement with the Reich Government, it being understood that the German Government will take into account what is vitally necessary for the population of the non-occupied territories.”

Apparently the purpose of this clause was to prevent things of any kind which might be utilized against Germany from being sent to England or to any of the colonies. But the occupying power took advantage of this to get control of production and the distribution of raw materials throughout France, since the non-occupied zone could not live without the products of the occupied zone and vice versa.

This intention of the Germans is proved particularly by Document Number 1741-PS which was discovered by the American army, and which I now submit to the Tribunal as Exhibit Number RF-204.

I do not want to trouble the Tribunal by reading this long document, I shall give only a short summary.

It is a secret report, dated 5 July 1940 addressed to the President of the Council . . .

THE PRESIDENT: M. Gerthoffer, as this is not a document of which we can take judicial notice, I think you must read anything that you wish to put in evidence.

M. GERTHOFFER: I shall read a passage of the document to the Tribunal.

THE PRESIDENT: Very well.

M. GERTHOFFER: “Article 17 grants Germany the right to seize the securities and economic reserves in occupied territory, and any arrangements of the French Government are subject to approval by Germany.

“In compliance with the request of the French Government, Germany has agreed that when considering applications of the French Government regarding the disposal of securities and reserves in the occupied zone, she will also take into consideration the needs of the inhabitants of the non-occupied zone.”

I shall cite only this passage in order to shorten my explanatory remarks, and I now come to the following document, which is in the nature of a reply to the German official who drew up this report, a document which I submit as Exhibit Number RF-205 (Document Number EC-409) and which is a document found by the American army. Here is the reply to the document from which I just quoted one passage:

“The elimination of the demarcation line is now out of the question, and if the revival of the economic life of France is thereby paralyzed, that is quite immaterial to us. The French have lost the war and must pay for the damages. Upon my objection that France would then soon become a center of unrest, I was answered that either shots would settle that or the occupation of the still free zone.

“For all concessions we make, the French must pay dearly in deliveries from the unoccupied zone or the colonies. We must strive to stop non-coordination in the economic field in France.”

Finally, another document captured by the U. S. Army which I submit as Exhibit Number RF-206 (Document Number EC-325), signed by Dr. Gramsch, gives us the following information:

“In the course of the negotiations regarding relaxation of the restrictions of the demarcation line, it has been suggested that the French Government seize the gold and foreign currency in the whole of France.”

Further in this document:

“The foreign currency reserves of occupied France would strengthen our war potential. This measure could, moreover, be used in negotiations with the French Government as a means of pressure in order to make it show a more conciliatory attitude in other respects.”

A study of these documents shows the German intent, in disregard of all legal principles, to get all the wealth and economy of France under their control.

Through force the Germans succeeded, after one year of occupation, in putting all or nearly all the French economy under their domination. This is evident from an article, published by Dr. Michel, director of the Economic Office, attached to the Military Government in France which appeared in the Berliner Börsen Zeitung, of 10 April 1942. I submit it as Document Number RF-207, and shall read one passage from it:

“The task of the competent offices of the German military administration should be regarded as directing ‘Economic Direction,’ that is issuing directives and at the same time seeing that these directives are really followed.”

Further, on Page 12 of the statement, Dr. Michel writes:

“Now that the direction of raw materials and the placing of orders has been organized and is functioning efficiently, rigorous restrictions on consumption not important to war economy are a matter of prime consideration in France. The restrictions imposed upon the French population in respect of food, clothing, footwear, and fuel, have been for some time more severe than in the Reich.”

After having shown you, Mr. President and members of the Tribunal, in this brief introduction concerning the economic spoliation of France, the consequences of German domination upon this country, I give you an account of the methods employed to arrive at such a result. This will be the purpose of the four following chapters: German seizure of means of payment; clandestine purchases of the black market; outwardly legal acquisitions; finally, impressment of labor.

I. German seizure of means of payment.

This seizure was the result of paying occupation costs, the one-way clearing system, and outright seizures and levies of gold, bank notes, foreign currency, and the imposition of collective fines (Page 15).

Indemnity for the maintenance of occupation troops:

I shall not recapitulate the legal principles of the matter, but shall merely confine myself to a few explanatory remarks, so that you may realize the pressure which was brought to bear on the leaders in order to obtain the payment of considerable sums.

As I have had the honor of pointing out to you, in the Armistice Conventions the principle of the maintenance of occupation troops is succinctly worded, with no stipulation as to the amount and the method of collection. The Germans took advantage of this to distort and amplify this commitment of France, which became nothing more than a pretext for the imposition of exorbitant tribute.

At the first sessions of the Armistice Commission, the discussions bore on this point, while the French pointed out that they could only be forced to pay a contractual indemnity representing the cost of maintaining an army strictly necessary for the occupation of the territory. The German General Mieth had to recognize the just foundation of this claim and declared that troops which were to fight against England would not be maintained at expense to France.

This is evident from an extract of the minutes of the Armistice Commission, which I submit as Document Number RF-208. But later this General Mieth apparently was overruled by his superiors, since in the course of a subsequent session, 16 July 1940, without expressly going back on his word, he declared in this respect that he could not give any reply, that this question would no longer be discussed, and that, in short, everything necessary would be done to enable the French Government to draw up its budget. This appears from an extract of the minutes of the Armistice Commission which I submit as Exhibit Number RF-209.

On 8 August 1940 Hemmen, Chief of the German Economic Delegation, at Wiesbaden, forwarded a memorandum to General Huntziger, President of the French Delegation, in which he stated:

“As at present it is impossible to assess the exact costs of occupation, daily installments of at least 20 million Reichsmark are required until further notice, at a rate of exchange of 1 mark to 20 French francs.

“That is to say, 400 million French francs daily. In this amount the costs for billeting troops were not included, but were to be paid separately.”

This is found in Document 210 (Document Number RF-210), which I submit to the Tribunal and which bears the signature of Hemmen.

These exorbitant requirements provoked the reply of 12 August 1940, in which it was emphasized that the amount of the daily payment did not permit the supposition that it had been fixed in consideration of the normal forces of an occupation army and the normal cost of the maintenance of this army, that, moreover, such forces as corresponded to the notified figure would be out of proportion to anything that military precedent and the necessity of the moment might reasonably justify. This is the content of a note of 12 August, submitted as Document Number RF-211.

On 15 August 1940 the German delegation took notice of the fact that the French Government was ready to pay some accounts, but in a categorical manner refused to discuss either the amount of payment or the distinction between occupation and operation troops. This is found in Document Number RF-212, which I submit to the Tribunal.

On 18 August the French delegation took note of the memorandum of 15 August and made the following reply (Document Number RF-213):

“. . . that France is to pay the costs for the maintenance of operation troops is a demand incontestably beyond the spirit and the provisions of the Armistice Convention.

“. . . that the required costs are converted into francs at a rate considerably in excess of the purchasing power of the mark and franc respectively; furthermore, that the purchases of the German Army in France are a means of control over the life in this country and that they will, moreover, as the German Government admits, partly be replaced by deliveries in kind.”

The memorandum terminates as follows:

“In these circumstances the onerous tribute required of the French Government appears arbitrary and exceeds to a considerable extent what might legitimately be expected to be demanded.

“The French Government, always anxious to fulfill the clauses of the Armistice Convention, can only appeal to the Reich Government in the hope that it will take into account the arguments presented above.”

THE PRESIDENT: The Court will adjourn now.