. ©MAZAL LIBRARY

NMT09-T1339


. NUERNBERG MILITARY TRIBUNAL
Volume IX · Page 1339
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Table of Contents - Volume 9
[requisi …] tions in kind only “for the needs of the army of occupation” and “They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country” (Article 52). Article 53 provides in part — “An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.” Article 55 reads: “The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.”

In its judgment, the International Military Tribunal made the following comment:¹
 
“These articles * * * make it clear that under the rules of war, the economy of an occupied country can only be required to bear the expense of the occupation, and these should not be greater than the economy of the country can reasonably be expected to bear.”
We quote further from the IMT judgment :²  
 
“The evidence in this case has established, however, that the territories occupied by Germany were exploited for the German war effort in the most ruthless way, without consideration of the local economy, and in consequence of a deliberate design and policy. There was in truth a systematic ‘plunder of public or private property,’ which was criminal under Article 6 (b) of the Charter.
* * * * *  
 
“The methods employed to exploit the resources of the occupied territories to the full varied from country to country. In some of the occupied countries in the East and West, this exploitation was carried out within the framework of the existing economic structure. The local industries were put under German supervision, and the distribution of war materials was rigidly controlled. The industries thought to be of value to the German war effort were compelled to continue, and most of the rest were
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¹ Trial of the Major War Criminals, op. cit supra, volume 1, page 239.
¹ Ibid., p. 239.
 
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