THE PRESIDENT: How long would you like us to suspend, M. Dubost?
M. DUBOST: Perhaps ten minutes, Your Honor.
DR. OTTO NELTE (Counsel for the Defendant Keitel): The French Prosecutor just now read from Document L-90, the so-called “Nacht und Nebel” decree. He referred to this decree and cited the words:
“Effective and lasting intimidation can only be achieved by capital punishment, or by measures which leave the relatives and the population in the dark about the fate of the culprit.”
The French Prosecutor mentioned that these were the very words of Keitel.
In connection with a previous case the President and the Tribunal have pointed out that it is not permissible to quote only a part of a document when by so doing a wrong impression might be created. The French Prosecutor will agree with me when I say that Decree L-90 makes it quite clear that these are not the words of the Chief of the OKW, but of Hitler. In this short extract it says:
“It is the carefully considered will of the Führer that, when attacks are made in occupied countries against the Reich or against the occupying power, the culprits must be dealt with by other measures than those decreed heretofore. The Führer is of the opinion that if these offenses are punished with imprisonment, or even with hard labor for life, this will be looked upon as a sign of weakness. Effective and lasting intimidation can only be achieved by capital punishment, _et cetera_.”
“The enclosed directives on how to deal with the offences comply with the Führer’s point of view. They have been examined and approved by him.”
I take the liberty to point out this fact, because it was just this decree, which is known as the notorious “Nacht und Nebel” decree, which in its formulation and execution was opposed by Keitel. That is why I am protesting.
M. DUBOST: I owe you an explanation. I did not read the decree in full because the Tribunal knows it. In accordance with the customary procedure of this Tribunal, it has been read. It is not necessary to read it again. Moreover, I knew that the accused Keitel had signed it, but that Hitler had conceived it. Therefore, I made allusion to the military honor of this general, who was not afraid to become the lackey of Hitler.