 |
total shares of Winnica. However, the evidence does establish
that, on the recommendation of Farben, equipment from both Wola and Winnica was
dismantled and shipped to Farben plants in Germany, which constitutes
participation in spoliative activities in Poland.
The foregoing
findings make it clear that the permanent acquisition by Farben of productive
facilities or interest therein, and the dismantling of plant equipment, was
exploitation of territories under belligerent occupation in violation of the
Hague Regulations. |
| |
| B. The Charge of Spoliation With Reference to
Norway |
| |
We find that offenses against property within the meaning of Control
Council Law No. 10 were committed in the acquisition by Farben of property
interests in occupied Norway intended to be permanent and against the will and
without the free consent of the owners. This finding relates to the
Nordisk-Lettmetall project for expansion of the production of light metals in
Norway, as a part of which the French shareholders were deprived of their
majority stock interest in that company in favor of a German group, including
Farben. The initiative in the Nordisk-Lettmetall project was in the Reich
authorities, but it is clearly established that Farben joined in the project
and that its representatives knew that the power of the Nazi government then
occupying Norway was the dominant consideration forcing the French owners of
Norsk-Hydro into the project.
The facts, briefly, are these: Following
the aggression against and military occupation of Norway, Hitler decided that
the Norwegian aluminum capacity should be reserved for the requirements of the
Luftwaffe. Goering issued appropriate orders, pursuant to which special powers
were entrusted to Dr. Koppenberg, who, in his capacity as trustee for aluminum,
was given the task of expanding production of light metals in Norway. The plan
was an ambitious one, calling for plant expansions and capital investments on a
grandiose scale so as eventually to treble the Norwegian production of light
metals. Norsk-Hydro Elektrisk Kvaelstofaktieselskahet (referred to simply as
Norsk-Hydro) was one of Norway’s most important industrial concerns
operating in the chemical and related fields. Its facilities were required for
the project, and certain of its plants were to be expanded and properties
transferred to accomplish the German objectives. It is plain from the evidence
that the immediate German objective was to harness the resources of Norway,
including its water power and raw materials, to the ever-increasing demands of
the German war machine, particularly for military aircraft. The decision to
carry out this project was made at the highest governmental levels, and the
entire power of the military occupant was clearly available to carry it out, as
the properties of Norsk-Hydro were located in territory under military
occupation. |
1144 |
. 
