ONE HUNDRED AND EIGHTY-FIFTH DAY
Wednesday, 24 July 1946
DR. HEINZ FRITZ (Counsel for Defendant Fritzsche): … In view of the tremendous importance of psychological influence upon the will of individuals and nations, it is beyond doubt
that propaganda can be an important and, in certain cases, even decisive means of war, no less important than, for instance, economic warfare or even warfare with weapons. Propaganda in this case has a double task: First, to serve as a means for increasing the power of resistance of one's own nation, and second, to undermine the fighting powers of the opponent. This influence-whitewashing on one side, slandering on the other, concealment of facts, et cetera-is essentially nothing else but a stratagem which, within the framework of the rules of land warfare, has been expressly declared as a permissible instrument of warfare, according to Article 24 of the Hague Rules of Land Warfare. In this connection, it nay be pointed out that spying-also a form of war stratagem-had likewise been declared as a permissible instrument of warfare by the Hague Rules of Land Warfare.
...In the course of this Trial a secret order was produced which had been issued by the High Command of the Armed Forces on 1 October 1938 (Document C-2). This document showed that the division for international law in the OKW had drawn up a chart for the event of an armed conflict, and this chart was to show the principles for dealing with any possible violation of the rules of warfare by friend and foe. With the knowledge of the legal vacuum existing in the field of propaganda in its broadest sense, it is stated there that from the point of view of international law it is absolutely permissible to make the opponent contemptible and to try to undermine his strength "regardless of how many lies and falsehoods are used for this purpose," and that from the legal standpoint a rule for the future could even be established to the effect that if the enemy employed such propaganda, defense by means of "counterattacks" would be legally possible, and whereby "naturally the propagation of atrocity lies" must also be used. This may sound cynical and brutal. But unfortunately it fitted in with the customs of war, or rather, this undisguised statement originated in the legal lacuna which could actually be found in international agreements and in prescriptive law. Dr. Kranzbühler rightly stated here: In war the duty to tell the truth does not exist.