Mil. Trib. IV, Case No. 5 Official Transcript of the American Military Tribunal IV in the matter of the United States of America, against Friedrich Flick, et al, defendants, sitting at Nurnberg, Germany, on 15 March 1947, 0930, Justice Toms presiding.
THE MARSHAL: Persons in the court room will please find their seats.
The Honorable, the Judges Military Tribunal II.
Military Tribunal II is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Case Number 5 is now before the Tribunal, The United States of America against Friedrich Flick and others.
The Marshal will ascertain whether or not all the defendants named in the indictment are present in the court.
THE MARSHAL: May it please your Honor, all defendants are present.
THE PRESIDENT: The Chief of Counsel may read the indictment.
MR. ERVIN:
MILITARY TRIBUNALS CASE NO.
5 THE UNITED STATES OF AMERICA -against FRIEDRICH FLICK, OTTO STEINBRINCK, KONRAD KALETSCH, BERNHARD WEISS, AND HERMANN TERNBERGER, Defendants I N D I C T M E N T The United States of America, by the undersigned Telford Taylor, Chief of Counsel for War Crimes, duly appointed to represent said Government in the prosecution of war criminals, charges that the defendants herein committed War Crimes and Crimes against Humanity, as defined in Control Council Law No. 10, duly enacted by the Allied Control Council on 20 December 1945.
These crimes included murders, Mil Trib.
II, Case No. 5 brutalities, cruelties, tortures, atrocities, deportation, enslavement, plunder of public and private property, persecutions, and other inhuman acts as set forth in Counts One, Two, Three, and Four of this Indictment.
The persons accused as guilty of these crimes and accordingly named as defendants in this case are:
FRIEDRICHFLICK - The principal proprietor, dominating influence, and active head of a large group of industrial enterprises (the most important of which are described in Appendix A hereof) including coal and iron mines and steel producing and fabricating plants, sometimes collectively referred to herein as the "Flick Concern"; member of the Aufsichtsrat (supervisory board) of numerous other large industrial and financial companies; Wehrwirtschaftsfuehrer (military economy leader); member of the Praesidium of Reichsvereiningung Kohle and of Reichsvoreinigun Eisen (official bodies for regulation of the coal and iron and steel industries); member of the Kleiner Kreis ("Small Circle"), a small group of leaders of the iron, coal and steel industry which exercised great influence over the industry for many years before and during the war; member of the Verwaltungsrat (supervisory board) of the Berg and Huottenwerke Ost G.m.b.H (BHO), a government sponsored company for exploitation of the Russian mining and smelting industries; member of the Beirat (advisory council) of the Wirtschaftsgruppe Eisenschaffende Industrie (Economic Group of the Iron Producing Industry); member of the "Circle of Friends" : Wimmler, which gave financial and other support to Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterartei (commonly known as the SS); member of the Nationalsozialistische Deutsche Arbeiterpartei (Nazi Party, usually abbreviated (NSDAP).
OTTOSTEINBRINCK - A leading official of numerous Flick enterprises and Flick's principal assistant in the operation of such enterprises from 1925 until the end of 1939; thereafter a leading official of Vereinigto Stahlwerke A.G. an affiliated companies;
Mil. Trib. II, Case No. 5 member of supervisory and executive boards of several other private and governmental organizations; Wehrwirtschaftsfuehrer; Generalbeauftrarter fuer die Stahlindustrie (Plenipotentiary General for the steel industry) in the occupied territories of northern France, Luxembourg, and Belgium; Beauftragter Kohle West (Plenipotentiary for coal in the western occupied territories including all of France, Holland, Belgium, and Luxembourg; member of the "Circle of Friends" of Himmler; member of the Praesidium of the Reichsvereinigung Kohle; Brigadefuehrer (Brigadier General) in the SS and recipient of several SS decorations.
KONRADKALETSCH - A leading official of numerous Flick enterprises and a close associate of Flick; Wehrwirtschaftsfuehrer; member of the NSDAP.
BERNHARDWEISS - A leading official of numerous Flick enterprises and a close associate of Flick; Wehrwirtschaftsfuehrer; principal official and owner of Siegener Maschinenbau A.G. (Siemag).
HERMANNTERBERGER - A leading official of numerous Flick enterprises including, particularly, the Eisenwerkgesellschaft Maximilianshuette G.m.b.H., and a close associate of Flick; member of the NSDAP: member of Die Sturmabteilungen Der NSDAP (commonly known as the SA).
COUNT ONE 1. Between September 1939 and May 1945 all the defendants committed War Crimes and Crimes against Humanity, as defined by Article II of Control Council Law No. 10, in that they were principals in, accessories to, orderded, abetted, took a consenting part in, were connected with plans and enterprises involving, and were members of organization or groups connected with: enslavement and deportation to slave labor on a Military Tribunal II, Case 5 giantic scale of members of the civilian populations of countries and territories under the belligerent occupation of, or otherwise controlled by, Germenslavement of concentration camp inmates including German nationals; and the use of prisoners of war in war operations and work having a direct relation war operations, including the manufacture and transportation of armaments and munitions.
In the course of these activities hundreds of thousands of persons, were enslaved, deported, ill treated, terrorized, tortured, and murdered, 2. The acts, conduct, plans, and enterprises charged in Paragraph 1 of this Count were carried out as part of the slave labor program of the Third Reich, in the course of which millions of persons including women and children were subjected to forced labor under cruel and inhumane conditions which resulted in widespread suffering and many deaths. At least 5,000,000 workers deported to Germany, The conscription of labor was accomplished in many cases by drastic and violent methods. Workers destined for the Reich were sent under guard to Germany, often packed in trains without adequate heat, food, clothing or sanitary facilities. Other inhabitants of occupied countries were conscrip and compelled to work in their own countries to assist the German war economy The resources and needs of the occupied countries were completely disregarded in the execution of the said plans and enterprises as were the family honor a rights of the civilian populations involved. Prisoners of war were assigned to work directly related to war operations, including work in armaments factorie The treatment of slave laborers and prisoners of war was based on the principle that they should be fed,sheltered, and treated in such a way as to exploit them to the greatest possible extent at the lowest expenditure. 3. During the period from approximately May 1942 to 1945, the defendant Flick was a member of the Praesidium (governing board) of the Reichsvereinigur Eisen (commonly referred to as the RVE), and official organization for the regulation of the entire German iron and steel industry. The defendant Terberg also hold an official position and exercised important functions in the RVE an assisted and advised Flick with respect to RVE matters. This organization, the Praesidium of which was largely composed of leading industrialists of the iron Military Tribunal II, Case 5 and steel industries, was given wide powers by the government and exercised pervasive influence and authority in these industries.
The RVE had wide authority and exercised important functions with respect to the procurement, allocation, use, and treatment of slave labor and prisoners of war. The influenced and control which this official organization had over a large sector of German industry, in which vast numbers of such laborers were forced to work, made it an important agency in the administration of the slave labor program. Flick attended numerous meetings of the Praesidium of the RVE and otherwise participated in the formulation and execution of repressive and cruel policies designed to enslave, procure andexploit such labor. Flick's influence and cont over policies and actions of the RVE were further extended through officials of his companies who also held positions in the RVE and its subsidiary organizations and committees.
In addition, Flick and Terberger participated in the slave labor pro gram within the iron and steel industry between September 1939 and April 1945 through their positions in and influence on the Wirtschaftsgruppe Eisenschaff de Industrie (Economic Group of the Iron Producing Industry) and its subsidie organizations and committees.
Flick also participated in the slave labor program by virtue of his position and activity on the Verwaltungsrat (supervisory board) of Berguund Huettenwerke Ost G.m.b.H. (commonly referred to as the BHO), a government sponsored company established for the purpose of taking over and exploiting mines and iron and steel plants in the USSR. As part of its activities this company participated in the program for forced recruitment, enslavement, and deportation of Soviet nationals and prisoners of war to work in Germany, the USSR, and elsewhere.
Flick also participated in the slave labor program through his association with the Kleiner Kreis (small circle ) of the leaders of the Nord-West Gruppe Eisenschaffende Industrie, a group which unofficially Military Tribunal 2 - Case 5 exercised substantial control ever, and influence on, the iron and steel industry.
4. During the period from approximately March 1941 until April 1945, the defendants Flick and Steinbrinck were members of the Praesidium (governing board) of the Reichsvereinigunrg Kohle (commonly referred to as the RVK), an official organization for the regulation of the entire German coal industry. The defendant Bernhard Weiss was rise active in RVK matters and assisted and advised Flick and the Flick Concern therein. The functions and of the RVK and its Praesidium in the coal industry corresponded generally with those of the RVE and its Praesidium in the iron and steel industry, as set forth above. As members of the Praesidium, Flick and Stenbrinck attended meetings of the Praesidium and otherwise participated in the formulation and execution of repressive and cruel policies in the administration of the slave labor program designed to enslave, procure and exploit such later. Flick's influence and control over policies and actions of the RVK were further extended through of his companies who also held positions in the RVK and its subsidiary and committees. 5. Between September 1939 and April 1945 the defendant Steinbrinck held the position of Beauftragter Kohle West (Plenipotentiary for coal in the occupied western territories) of France, Holland, Belgium and Luxembourg, and the position of General beauftragter fuer die Stahlindustrie (Plenipotentieary General for the steel industry) in northern France, Belgium and Luxembourg. By virtue of these positions, and his activity therein, the exercised wide authority over the procurement,use, treatment, allocation, and transportation of thousands of slave laborers and prisoners of war. 6. Between September 1939 and May 1945, tens of thousands of slave laborers and prisoners of war were sought and utilized by the defendants in the industrial enterprises and establishments owned, controlled, or influenced by them. In the course of this use of force labor in the enterprises referred to, the workers were exploited under inhumane conditions with Military Tribunal 2 - Case 5 respect to their personal liberty, shelter,feed, pay, hours of work , and health.
Repressive measures were used to force these workers to enter, or rema in, involuntary servitude. Armed guards, watch dogs and barbed wire enclosures were commonly utilized to keep workers from escaping, and the few who did escape were reported to, and dealt with by, the Gestapo. Penalties, including cruel beatings, were often inflicted by persons under the supervision and control of the defendants. Feed, sanitary measures, and medical assistance were customarily inadequate and as a result many of the workers suffered illness and died. Prisoners of war were used in war operations and work having a direct relation with war operations, including the manufacture and transporation of armaments and munitions.
The defendants Flick, Kaleisch , Weiss, and Terberger are charged with responsibility for the acts and conduct set forth in this paragraph insofar as they relate to establishments of the Flick Concern, including those operated directly or indirectly by the companies set forth in Appendix A hereof. Flick and Weiss are also charged with responsibility for the acts and conduct set forth in this paragraph insofar as they relate to the Siemag Company. The defendant Steinbrinck is charged with responsibility for the acts and conduct set forth in this Paragraph insofar as they relate to Vereinigte Stahlwerke A.G., and affiliated companies. 7. The acts and conduct of the defendants set forth in this Count were committed unlawfully, wilfully, and knowingly and constitute violations of international conventions, particularly of articles- 3,4,5,6,6, 14, 18, 23, 43, 46, and 52 of the Hogue Regulations, 1907, and of articles 2, 3, 4, 6, 9-15, 23, 25, 27-34, 46-48, 50, 51, 54, 56, 57, 60, 62, 63, 65-68 and 76 of the Prisoner-of-War Convention (Geneva , 1929), of the laws and customs of war, of the general principles of criminal law as derived from the criminal laws of all civilized nations, of the internal penal laws of the countries in which such crimes were committed, and of Article II of Control Council Law No. 10.
Mil. Tribunal II - Case 5 8. Between September 1939 and May 1945, all the defendants except Terberger committed war crimes and crimes against Humanity, as defined byArticle II of control council Law No. 10, in that they were principals in, accessories to, ordered, abotted, took a consenting part in, were connected with plans and enterprises involving, and were members of organizations or groups connected with, plunder of public and private property, spoliation, and other offenses against property in countries and territories which came under the belligerent occupation of Germany in the course of its aggressive wars. These acts bore no relation to the needs of the army of occupation and were out of all proportion to the resources of the occupied territories. 9. In pursuance of deliberate plans and policies, the territories occupied by Germany as result of its aggressive acts and its aggressive wars were exploited for the German war effort in a most ruthless way beyond the needs of the army of occupation and without consideration of the local economy. These plans and policies were intended net only to strengthen Germany in waging its a aggressive wars, but rise to secure the permanent economic domination by Germany of the continent of Europe. Public and private property was systematically plundered and pillaged. Agricultural products, raw materials needed by Berman factories, Machine tools, transportation equipment, other finished products, and foreign securities and holdings of foreign exchange were requisitioned and sent to Germany. In addition local industries were placed under German supervision and the distribution of raw materials was rigidly controlled. This supervision of industries ranged from general control provided for by blanket enactments, to the permanent dispossession of rightful owners of specific industrial enterprises. The industries thought to be of value to the German war effort compelled to continue and most of the rest were closed down altogether.
In Lorraine (France), which, in violation of international law, was annexed by Germany immediately after the German occupation, French private properties were seized by the occupation authorities under the guise of establishing to temporary administration by state commissioners.
Mil. Tribunal II Case 5 This artificial creation of German state property was only a temporary measure, and the properties were "reprivatized", by being turned over to German industrial concerns.
Even before the attack on the USSR, plans had been made for the fullest and most ruthless exploitation of all Soviet economic resources. Concurrently with the invasion it was declared that the restraints of the Annex to Hague convention IV of 18 October 1907 would not be observed by Germany. The entire Soviet industrial property was declared to be "property marshalled for national economy" (Wirtschafts-Sondervermoegen), belonging to the German state. Representatives of the German civil and military occupation authorites were declared trustees of this property to which Germany purportedly took title. In addition there to special governmental or semi-govermental companies, Monopelgesellschaften Ostgesellschaften, were created by the Plenipotentiary of the Four-Year Plan, Hermann Goering, as trustees for the control of certain sectors of soviet economy. One of these Ostgesellschaften, the Berg-und Huettenworksgesellschaft Ost m.b.H., usually referred to as the BHO, was trustee with respect to the iron, steel and mining industry of the occupied part of the U.S.S.R., and the main speliation agency in its field of operations. 10. All the defendants except Terberger participated extensively in the formulation and execution of the foregoing plans and policies of spoliation by seeking and securing possession, in derogation of the rights of the owners, of valuable properties in the territories occupied by Germany, for themselves, for the Flick concern, and for other enterprises owned, controlled, or influenced by them; by exploiting all these properties in occupied territories, individually or through enterprises owned, controlled or influenced by them, for German war purposes to an extent unrelated to the needs of the army of occupation and out of all proportion to the resources of the occupied territories; by abuse, destruction and removal Mil Trib 2 - Case No. 5 of such property; by taking possession of machinery, equipment, raw materials and other property known by them to have been taken, by themselves or by others, from occupied territories; and by their activities in various official positions.
The following instances are cited as examples.
A. IN FRANCE.Effective 1 March 1941 the Friedrich Flick Kommanditgesellschaft (parent holding company in the Flick concern) secured a "trusteeship" of the plants Rombach and Machern in occupied Lorraine (France), which were the property of a French company known as Societe Lorreine des Acieries de Rembas. The "trusteeship" was accented as a other of a governmental plan and program, sponsored by defendants and other German industries for ultimate transfer to then of legal title to these and other similar properties in France. The Flick concern was to gain legal title to the plants Rembach and Machern pursuant to this general plan. These properties were operated by the Flick concern through a company known as Rombacher Huettenwerke G.m.b.H., from on or about 1 March 1941 until on or about 1 September 1941 in accordance with and in execution of said plan and program. The defendants Flick, Kaletsch, and Weiss are charged with responsibility for the foregoing.
B. IN THE OCCUPIED EAST.Prursuant to the plans and programs of the Berg- und Huettenwerke Ost G.m.b.H. (BHO), referred to above, the Flick concern organized, together with the Reichswerke Hermann Goering, a company called Dnjepr Stahl G.m.b.H. for the purpose of exploiting mining smelting properties in the U.S.S.R. located near the Dnjepr River. The Flick concern operated these properties from about January 1943 until the Germans evacuated this region. The defendants Flick, Kaletsch, and Weiss are charged with responsibility therefor.
Pursuant to the plans and programs of the BHO, the Siegener Maschinenbau A.G. (Siemag) gained possession of the works Weroshilov at Dnjepropetrowsk in the U.S.S.R. and operated them from about January 1943 until the evacuation of the area, in the fall of 1943, Siemag was owned principally by Weiss and was controlled and influenced by Flick and Weiss, Mil Trib 2 - Case No. 5 both of whom are charged with responsibility therefor.