Michalczyk, John J. "The French Connection to Nuremberg." Filming the End of the Holocaust: Allied Documentaries, Nuremberg and the Liberation of the Concentration Camps. London: Bloomsbury Academic, 2014. 113–122. Bloomsbury Collections. Web. 26 Sep. 2021. .

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Th e French Connection to Nuremberg

François de Menthon, chief prosecutor representing France at the Nuremberg Trials, experienced a brilliant career, fi rst as a principal organizer and member of the French Resistance, and then as Minister of Justice in De Gaulle’s post-war Provisional Government of the French Republic from September 10, 1944 to May 8, 1945. He later became Attorney General of France and supervised the trials of members of the collaborationist Vichy regime, including that of Marshal Philippe Pétain. He was part of the “Epuration ” or the purging of collaborators that at times resembled a kangaroo court bordering on “frontier justice.” 1 De Gaulle viewed de Menthon as a stalwart companion in the pioneering work to return France to democracy and to remove the last vestiges of Nazi sympathizers. He thus appointed him to be France’s representative among the Allied prosecutors in Nuremberg. On Day 36 of the Nuremberg Trials, January 17, 1946, de Menthon took the fl oor and gave his opening statement at the Tribunal. Of the four Allied opening statements the French prosecutor’s underpinnings off ered the most humane and philosophical approach to the evil doings of the Th ird Reich. It reached into the very depths of the human spirit. Justice Jackson emphasized the importance of preventing such violence against civilization, since it cannot survive this continued onslaught of aggression. De Menthon’s initial comments reinforced this notion and addressed the fi rst criminal charge of conspiracy brought against the defendants, including participating in certain groups or organizations that brought about the destruction of a people:

Th e conscience of the peoples, who only yesterday were enslaved and tortured both in soul and body, calls upon you to judge and to condemn the most monstrous attempt at domination and barbarism of all times, both in the persons of some of those who bear the chief responsibility and in the collective groups and organizations which were the essential instruments of their crimes. 2

More importantly, De Menthon pursued an approach that refl ects the Nazi annihilation of the body and soul of the French. He saw this violence as an attack against “the spirit” ( l’esprit ), even labeling it “original sin”:

113 114 Filming the End of the Holocaust

I propose today to prove to you that all this organized and vast criminality springs from what I may be allowed to call a crime against the spirit, I mean a doctrine which, denying all spiritual, rational, or moral values by which the nations have tried, for thousands of years, to improve human conditions, aims to plunge humanity back into barbarism, no longer the natural and spontaneous barbarism of primitive nations, but into a diabolical barbarism, conscious of itself and utilizing for its ends all material means put at the disposal of mankind by contemporary science. Th is sin against the spirit is the original sin of National Socialism from which all crimes spring. 3

De Menthon’s lengthy address focused on diverse aspects of the Nazi control of France covering such topics such as the rationale of racism (“blood” laws), nationalism, forced labor, economic looting, and deportation. Th e prosecutor spoke eloquently about the abuse of human rights as the Nazis destroyed “la condition humaine ,” stripping the French of all liberties and the essence of being a true human being. In Germany—as in France—the citizen’s identity was

Figure 6.1 François de Menthon addressing the Tribunal on behalf of France at the Nuremberg War Crimes Trials (Offi ce of the United States Chief Counsel, courtesy of the Harry S. Truman Library and Museum) Th e French Connection 115 absorbed into the state. He further focused on the policy of censorship which curtailed the freedom of expression in books, fi lms, press, and radio, what de Menthon referred to as “the right of spiritual liberty.” In the place of this free expression the Nazis utilized their own insidious propaganda which would be developed by de Menthon’s deputy prosecutor M. Edgar Faure in a subsequent session of the Tribunal. Like the Soviet prosecutor, de Menthon signaled the barbarism of the Nazis as they took reprisals against the Resistance, hostages, and other civilians, pointing out their vicious destruction of a village in Oradour- sur-Glane as a reprisal for a Resistance leader’s killing of a German offi cer. 4 With quotes from the Treaty of Versailles as well from Hitler’s Mein Kampf , de Menthon made a strong moral argument that the Nazis aggressively pursued war and occupied other European countries besides France as a nationalist endeavor to dominate, control, and exploit, and almost destroy, the traditional Judaeo-Christian civilization, reinforcing Justice Jackson’s opening statement to which de Menthon refers on several occasions. Two fresh ideas that de Menthon introduced that were less focused on in earlier presentations at the Tribunal were the notion of racism (“racialism”) and obedience to an immoral order. His approach to Aryanism helps ground the atrocities in a rationale that the court challenges. He further links it with a nationalist and Aryan spirit that was certainly evident in Riefenstahl’s Triumph of the Will . 5 De Menthon observes:

Th is monstrous doctrine is that of racialism: Th e German race, composed in theory of Aryans, would be a fundamental and natural concept. Germans as individuals do not exist and cannot justify their existence, except insofar as they belong to the race or Volkstum, to the popular mass which represents and amalgamates all Germans. Race is the matrix of the German people; proceeding therefrom this people lives and develops as an organism. Th e German may consider himself only as a healthy, and vigorous member of this body, fulfi lling within the collectivity a defi nite technical function; his activity and his usefulness are the exact gauge and justifi cation of his liberty. Th is national body must be “moulded” to prepare it for a permanent struggle. 6

Th e second signifi cant idea that de Menthon develops is the theory of “just following orders,” which will also later surface during the Vietnam War in the case of the My Lai massacre of innocent Vietnamese villagers by American soldiers. 7 De Menthon states:

Finally, these crimes cannot be justifi ed by the pretext that an order from above was given by Hitler to the defendants. Th e theory of the justifying fact of an 116 Filming the End of the Holocaust

order from above has, in national law, defi nite fi xed limits; it does not cover the execution of orders whose illegality is manifest. German law, moreover, assigns only a limited rule to the concept of justifi cation by orders from above. Article 47 of the German Military Code of Justice of 1940, although maintaining in principle that a criminal order from a superior removes the responsibility of the agent, punishes the latter as an accomplice, when he exceeded the orders received or when he acted with knowledge of the criminal character of the act which had been ordered. 8

De Menthon concluded his very profound indictment of the Nazi destruction of the human spirit on the following note:

Your judgment must be inscribed as a decisive act in the history of international law in order to prepare the establishment of a true international society excluding recourse to war and enlisting force permanently in the service of the justice of nations; it will be one of the foundations of this peaceful order to which nations aspire on the morrow of this frightful torment. Th e need for justice of the martyred peoples will be satisfi ed, and their suff erings will not have been useless to the progress of mankind. 9

Using the image of martyrdom as the Soviets did, de Menthon emphasized that there must be some type of justice meted out to the perpetrators in order that the state of peace be restored among nations. Also on the French prosecution team was Monsieur Edgar Faure, who, like de Menthon, was a close ally of De Gaulle’s in London and then in the Provisional Government in Algiers. Deputy Prosecutor at the Tribunal, Faure continued the French argument with Charges Th ree and Four shared with the Soviets, especially developing the notion of visual propaganda. Th e Th ird Reich utilized these methods to brainwash the German population into believing that the Jews were the downfall of the country. 10 In the 51st session on February 5, 1946, Faure elaborated on the issue of propaganda distributed in France, showing how it emanated from and was fi nanced by the Reich offi ces, although printed and distributed by the French. Faure had intended to describe more fully the power of Nazi propaganda fi lm, but the President implied that this would not be necessary since the evidence of propaganda issued by the Reich was “cumulative” and need not be entered at this time. Faure instead submitted Document RF 1141, dealing with the interrogation of the producer of a propaganda fi lm which indicates that the production was made by the order of the Germans. His intention was to take the abstract concept of propaganda (“a penitentiary of the spirit”) and off er a concrete example to the Tribunal. Th e French Connection 117

Occult Forces

Assistant Prosecutor Serge Fuster introduced a short clip from the March 1943 Vichy-sponsored fi lm Forces Occultes (Occult Forces ). Th is anti-Masonic propaganda fi lm directed by Paul Riche, the pseudonym of Jean Mamy, a former Venerable of the Renan lodge of the Grand Orient de France, results from the French-German ideological collaboration that highlights an age- old paranoia that the Freemasons and Jews control world politics. Th e director belonged to the French Left until the Armistice and then became a Nazi collaborator, using fi lm to promote Vichy ideals. Fuster presented the fi lm:

First of all, we are going to show a very short extract from a very specialized fi lm directed against Freemasonry, which was imposed by the Germans in the manner explained in the brief. Th e fi lm in itself is of no interest, but it contains pictures illustrating the crude campaign of lies in which the Germans indulged in France.

As it is a very short fi lm and will be shown very rapidly, we cannot slow it down on account of technical diffi culties—I should like before showing it to draw attention to the Tribunal to the two kinds of pictures which will follow one another without transition: First you will see a map of the world. Th is map will be rapidly covered by a color indicating the infl uence of the Jews and the Freemasons, except for the two victorious islands, the Nazi-fascist bloc in Europe, on the one hand, and Japan on the other.

We give this picture to show the degree of crude simplicity arrived at by Nazi propaganda and how it submitted to the people the most stupid and misleading formulas.

An even worse example of calumny follows the portrait of President Roosevelt with the heading, “Brother Roosevelt Wants War.” 11

Although the French prosecutors presented only brief images of the fi lm, French citizens would have recalled seeing this fi lm on screens throughout the country, just as they saw Vichy newsreels glorifying the elderly Marshal Pétain. 12 Th e fi lm, commissioned in 1942 by the Propaganda Abteilung (Section) in occupied France, fi rst focuses on a map indicating the widespread popularity of the Freemasons, as the secret order dominates a signifi cant part of the world. A politician in the Chambre des Députés in Paris, Pierre Avenel (played by Maurice Rémy), gives a fi ery speech before his colleagues, and is soon admired greatly by the Freemasons in attendance. Th ey feel that he could advance their cause and invite him to be initiated. Avenel’s wife (Gisèle Parry), a Marlene Dietrich lookalike, hesitates to see him involved, but the deputy, a lapsed 118 Filming the End of the Holocaust

Catholic, decides to undergo the initiation process in order to relaunch his political career in parliament. While waiting to enter the inner sanctum of the Masonic lodge he glances at the images of bones and skeletons along with a Jewish Star of David. 13 A sign on the wall reads: “Only through wisdom can we lead men.” In a highly symbolic secret ceremony (based in reality, according to former Masons), Avenel is blindfolded and led into the assembly of brother Masons. He drinks from the sacred cup and swears to absolute secrecy, walks up and down a ramp to symbolize a voyage of life, then is purifi ed by water; lastly, he symbolically passes through fl ames. Th e Masons in attendance continue to tap their swords, while he takes a fi nal oath never to reveal the secrets of the Masonic Order. If he breaks this vow, the brothers will take revenge. His whole life should now be dedicated to loyalty to the society and his fellow brothers. Once they initiated Avenel, fellow Masons understand that he has some power in parliament and attempt to take advantage of him. Th ey begin requiring favors, with a Jewish businessman fi rst off ering his card. As the requests commence to mount and scandals abound, Avenel endeavors to free himself of the dependency upon the Masons, and refuses to be part of an inquiry. 14 When the Masons make a dramatic push to waging war against the Germans, the deputy refuses and rebuff s their off er to participate. In May 1939, he challenges the Masons in assembly resulting in his being knifed. He survives, just as France mobilizes for war. Th e Masons have won out. Th e last image of the fi lm reveals a globe and a Star of David, once again linking the two international groups. On the screen the text makes note that the fi lm has its basis in authentic documents of the rite of initiation of Freemasons in 1939 in France. Th e forty- three-minute fi lm shows solid production values, having the backing of the German Propaganda Ministry. Th e dramatic music of Jean Martinon builds to a climax as the mobilization of the French takes place and the country enters into war with Germany as a result of the Masonic-Jewish conspiracy. Filming the scene of the rite of initiation of the Masonic lodge off ers the viewer during the Occupation an inside perspective on a secret society ritual. Th e conclusion of the fi lm—the war as a product of a cabal of Masons in allegiance with international Jews—represents a popular sentiment among the French leading up to the Nazi Occupation. Th e repercussions for producing this fi lm had a serious impact on anyone connected with the anti-Masonic project. During the period of épuration (the “purge” of collaborators), the producer of Forces Occultes, Robert Muzard, Th e French Connection 119 received a three- year prison sentence, while writer Jean Marquès-Rivière was sentenced to death in absentia . Th e anti-Semitic director Maurice Rémy, also a journalist for the pro-Nazi and anti-Communist newspaper Au Pilori , received a sentence of capital punishment and was executed by fi ring squad in 1949 at the fortress of Montrouge. Fuster submitted the fi lm to the court as visual evidence, Document Number RF-1152, and also under Document Number RF-1152 (bis). Th e prosecutors chose the anti-Masonic and anti-Semitic Occult Forces to reinforce the sentiment that the Vichy government was obliged to follow the directives from the Th ird Reich concerning the need to eliminate Jews from the mainstream of society. 15 Faure and de Menthon provided document aft er document to reinforce this. 16 Following this screening, Faure then continued to discuss briefl y the role of propaganda fi lm in France: “Th e scenarios of other propaganda fi lms, entitled ‘M. Girouette’ (M. Weathercock), ‘French Workmen in Germany’ and taken from the dossier of the proceedings taken against M. Musard [sic ] before the Seine Court of Justice, will also illustrate the tendency and the subject matter of the German propaganda carried on by this means.” 17 Th e anti-Semitic director, Pierre Ramelot, made the fi lm M. Girouette et la guerre de cent ans (Mr. Girouette and the 100-Year War ) in 1942. In the fi lm, M. Girouette, hearing that the war would last a hundred years, violates the law by creating a plan to obtain suffi cient goods through the black market by raising rabbits and chickens. Another fi lm by Ramelot, Les Compteurs (Th e Corrupters ), also produced by Nova-Films which Robert Muzard managed, refl ected the anti-Semitic sentiment of the Vichy government: “Regarding the latter, Le Film would write that it was ‘an excellent popularization instrument on a primordial issue not always well understood. Th e fi lm ends with a vibrant appeal from Maréchal Pétain, warning the French people against the Jewish peril’ ” ( Le Film , No. 48). 18 Th e fi lms to which Faure refers off er an insight into the dark period (les années noires) of France’s history and indicate how the collaborators like Rémy wished to side with might and not with right. Th e Vichy government produced these fi lms—feature, documentary, animation, and newsreels—to herald the regime of Vichy and Marshal Pétain, seen at fi rst as the savior of France at the Armistice by some, but as a traitor to others, especially in the post-Liberation period in France. Th e Vichy government focused on propaganda fi lms like Occult Forces to provide not only political messages that targeted the Jews, Freemasons, British, and Americans, but also ones that promoted the traditional themes of youth, health, family, fertility, and religion. Vichy-sponsored fi lms 120 Filming the End of the Holocaust further glorifi ed forced labor in Germany and were discussed by de Menthon and Faure at the Tribunal, highlighting the notion of feeding your family back in France during the war. Th is became crucial for some families to survive, given the rationing program in existence in the country. 19 Following the discussion of fi lm propaganda, M. Serge Fuster continued the French presentation by demonstrating the power of the visual documentation of political posters, revealing that the content of the posters originated with a Nazi idea but was then translated into French and printed in France. Th is suggests that the message emanated fi rst from the Nazi government. Projected on the court’s screen, the display of a series of Nazi-sponsored posters target the enemies of the State (Vichy France and Nazi Germany)—Americans, British, Jews, and Bolsheviks/Communists. Th e prosecution further submitted a pamphlet which describes clearly the exhibition of these posters. Serge Fuster concluded the morning session of Day 51 (February 5, 1946) by pointing out his rationale for using the fi lms and poster images as visual documentation to build the French case against the defendants:

We have now fi nished showing the fi lms. We have taken the liberty to submit to the Tribunal a few pictures forming concrete illustrations of a tendency whose spiritual character makes it perhaps more diffi cult of recognition but whose importance is considerable. In treating an emotionally subtle theme of this kind, we have used pictures in preference to words, since pictures can make clear in an instant something which it takes time to put into words. In this way we hope we have contributed towards making plain the truth. 20

On Day 189, July 29, 1946, Chief Prosecutor for the Republic of France, M. Auguste Champetier de Ribes, sums up the evidence presented by the French representatives and allows Deputy Chief Prosecutor M. Charles Dubost to off er his closing statement, ending with a call for justice: “Th e fate of these men lies entirely with your conscience! It is now out of our hands, our task is fi nished. Now, it is for you in the silence of your deliberations to heed the voice of innocent blood crying for justice.” 21 In the end, the International Military Tribunal heeded the cry for justice and sentenced the war criminals to their diverse fates. Th e judicial eff orts of the American, Soviet, British, and French prosecutors at Nuremberg would set the stage for several other international trials of war crimes and crimes against humanity, and the screening of visual documentation would serve as visceral evidence. Justice Robert H. Jackson, who not only prepared the Allies for the Nuremberg Trials, also carried them through with professionalism Th e French Connection 121 and integrity. When he died in 1954, his work in establishing the principles of international law was etched on his gravestone in Maple Grove Cemetery in Frewsburg, New York; his simple headstone that could certainly apply to his dedication to international justice reads: “He kept the ancient landmarks and built the new.” 122