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| concentration camp inmates and French prisoners of war, as well as of
other nationalities. In the summer and fall of 1944, air attacks had become
increasingly frequent. The devastating effect had been fully demonstrated. As
counsel for the defense says the factories of the Gusstahlfabrik had indeed
become a battleground. Protection during working hours was no less essential
than in the camps. Marquardt testified that at that time the German employees
used a new air raid shelter which had been built for them. The concentration
camp inmates used a “day room” in the factory, formerly used by the
German employees, which had been reinforced with protective walls and a
concrete ceiling. The French prisoners of war were compelled to use a tunnel
which they had dug in a slag heap outside the camp. |
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| ILLEGAL USE OF FRENCH PRISONERS OF WAR |
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By way of justifying the use of French prisoners of war in armament
industry it is claimed that this was authorized by an agreement with the Vichy
government made through the ambassador to Berlin. As to this, it first may be
said that there was no credible evidence of any such agreement. No written
treaty or agreement was produced. The most any witness said was he understood
there had been such agreement with Laval, communicated to competent Reich
authorities by the Vichy ambassador. If so, there is no trustworthy evidence
that any of these defendants acted upon the strength of it or even personally
knew of it.
Moreover, if there was any such agreement it was void under
the law of nations. There was no treaty of peace between Germany and France but
only an armistice, the validity of which for present purpose only may be
assumed. It did not put an end to the war between those two countries but was
only intended to suspend hostilities between them. This was not fully
accomplished. In France’s overseas possessions and on Allied soil, French
armed forces fighting under the command of Free French authorities waged war
against Germany. In occupied France more and more Frenchmen actively resisted
the invader and the overwhelming majority of the population was in full
sympathy with Germany's opponents. Under such circumstances we have no
hesitancy in reaching the conclusion that if Laval or the Vichy ambassador to
Berlin made any agreement such as that claimed with respect to the use of
French prisoners of war in German armament production, it was manifestly
contra bonus mores and hence void. |
1395 |
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