I think perhaps I might...

THE TRIBUNAL (Mr. Biddle): You have them all cumulative or irrelevant

starting with 76. You mean the cumulative?

MAJOR BARRINGTON: Well, I am afraid to say, Your Honor, this was

originally got out purely as a working note, and that is rather an

error. It should be irrelevant on account of TC-21.

THE PRESIDENT: Yes.

MAJOR BARRINGTON: My Lord, I was going to say that perhaps I might

anticipate an objection that Dr. Horn has been good enough to tell me

that he will make to this, that yesterday he contended that certain

incidents before Munich had been condoned by the Munich Agreement, and

that the argument I have just put up is on the same lines as that which

the Tribunal turned down yesterday.

But, of course, there is this difference, that the Munich Agreement was

negotiated in ignorance of the Fall Grün and that, from the point of

view of condoning previous incidents, it is not on the same footing as

an agreement negotiated in full knowledge of the circumstances.

So, My Lord, taking Group 3, Poland and the first phase of it, the

Prosecution would suggest—looking at the middle column on Page

2—allowing Number 75, which is the Polish Treaty of 1919, and TC-21,

which I have already mentioned, which reaffirmed the Kellogg Pact, and

Number 123 and TC-72, Number 14 and 16, which I have already mentioned.

The remainder, perhaps, might all be said to be irrelevant; but it would

be reasonable, perhaps, to allow Numbers 117, 149, 150, 153, 154, 159,

160, 163, and TC-72, Number 18. These were largely discussions between

ambassadors and heads of state, which may have rather more importance

than the other documents in this particular group.

As a matter of fact, My Lord, I think they are all in anyhow, those that

I have just mentioned.

That goes up to 182. Starting now at 182, and the first five, 182 to

186...

THE PRESIDENT: Why do you object to 155 which is the calling out of

Polish reserves, 155 to 158?

MAJOR BARRINGTON: Well, My Lord, the objection to that was simply based

on the fact that...

THE PRESIDENT: I think they are all mentioned in the conversation which

is 159, and that is probably the reason.

MAJOR BARRINGTON: Yes. I am obliged, Your Lordship. I think that it is

so, but I do not think the objection to them could be very strong.

THE PRESIDENT: No.

MAJOR BARRINGTON: Numbers 182 to 186, My Lord, they are reports by the

German chargés d’affaires in various capitals, and the Prosecution say

that those would not be proper evidence.

THE TRIBUNAL (Mr. Biddle): Why not?

MAJOR BARRINGTON: Well, they are just accounts of the German chargés

d’affaires’ observations and conclusions of fact, for the most part by

them, transmitted to their Foreign Office.

THE TRIBUNAL (Mr. Biddle): Do you mean they are irrelevant on the ground

of hearsay?

MAJOR BARRINGTON: I beg your pardon.

THE TRIBUNAL (Mr. Biddle): Because they are hearsay they should not be

admitted; is that what you mean?

MAJOR BARRINGTON: Well, they are, of course, partly hearsay. They are

also vague, and again, they are transmitted with an object in view. At

least that has been the submission of the Prosecution, that they are

transmitted to color the picture from the German point of view.

THE TRIBUNAL (Mr. Biddle): Would you admit these if they were made by

chargés d’affaires of other states?

MAJOR BARRINGTON: If they were made by chargés d’affaires of other

states?

THE TRIBUNAL (Mr. Biddle): Yes.

MAJOR BARRINGTON: Well, they would be admissible if they were put in as

government reports by Allied nations under the Charter; but they are not

really admissible if they are German documents.

THE TRIBUNAL (Mr. Biddle): I am sorry; I do not know what you mean.

MAJOR BARRINGTON: Well, Article 21 of the Charter...

THE TRIBUNAL (Mr. Biddle): I am sorry. Perhaps I do not make myself

clear. I do not quite understand why these are different from any other

official reports made by chargés d’affaires of any country. Is it

because they are German reports?

MAJOR BARRINGTON: Because they are German reports.

THE TRIBUNAL (Mr. Biddle): Oh, I see. In other words, you think German

reports should be excluded.

MAJOR BARRINGTON: I think under the Charter they should be excluded,

except, of course, if they are used by the Prosecution as admissions

against the German Government itself.

THE PRESIDENT: We are going to hear you in a moment, Dr. Horn. Anyhow,

Mr. Barrington, your objection to 182 to 214 is that it is self-serving

evidence and therefore not admissible; is that it?

MAJOR BARRINGTON: That is right, My Lord.

THE PRESIDENT: Is there any other objection to them?

MAJOR BARRINGTON: Well, they are, as I said, conclusions of fact drawn

by an observer in a foreign country. They tend to get rather vague.

THE PRESIDENT: That might apply to a great deal of the evidence.

MAJOR BARRINGTON: Numbers 187 to 192 and TC-77 there is no objection to.

Number 193 and 194 are German Foreign Office memoranda and they are mere

discussions, internal to the German Foreign Office. 193 is a memorandum

of the State Secretary of the Foreign Office, and it deals with a visit

to him of the French Ambassador. And Number 194 is similar, a visit of

the British Ambassador. Number 195, that is Sir Nevile Henderson’s White

Paper, _Failure of a Mission_, and there are a number of extracts from

that; it is a book and there are a number of extracts from that in the

document book and it is contended that they are cumulative of evidence

which has already been given and that in particular most of them are

really provocative. That applies particularly to the first extract.

THE PRESIDENT: What do you mean by provocative?

MAJOR BARRINGTON: Well, Your Lordship will see that in the first extract

there are some rather strongly worded opinions.

THE PRESIDENT: Which book are they in?

MAJOR BARRINGTON: They are in Book 6, My Lord. There are some rather

strongly worded opinions about the position of Soviet Russia.

THE PRESIDENT: Yes, go on.

MAJOR BARRINGTON: Number 196 and 197 are German memoranda and reports

for Foreign Office use, and they cover the same category as 193 and 194.

One of them is internal to the Foreign Office and the other from the

German chargé d’affaires in Washington.

Numbers 198 to 203 are all right.

Number 204 is objected to as not being evidence; it is a memorandum of

the Director of the Political Department of the Foreign Office in

Berlin, and it merely talks of a report in the _Berliner Börsenzeitung_.

It is merely secondhand evidence.

Number 205 and 206 are not objected to.

The next one, TC-72, Number 74, is not objected to.

Number 207 is the same document as the previous one. It is a mere

repetition.

Now, Number 208, My Lord, consists of a collection of extracts from the

_British Blue Book_, and I am afraid I have not had time to check up

which of them are actually in evidence already. But it is clear that the

majority of them are obviously relevant, but it is suggested that those

in the left-hand column do include unnecessary detail in view of the

rest of them.

Number 209, there is no objection.

Number 210 is a conversation between the Defendant Ribbentrop and Sir

Nevile Henderson on the 30th of August 1939, and that of course has been

the subject of evidence already and is perhaps in any event cumulative

for that reason.

Number 211(a) and 211(b) are just repetitions of documents quoted from

the _British Blue Book_.

Number 212 is a Polish wireless broadcast, and Number 213 is a German

communiqué to the German public, and it is contended that those have no

evidential value.

Number 214 is an extract from a book which the Tribunal has already

refused to the defendants.

Now, the next page of the note, My Lord, deals with my next group, which

is Norway and Denmark.

THE PRESIDENT: Group 4, is it? Group 4, is that right?

MAJOR BARRINGTON: That is Group 4, My Lord, yes.

215(a) and 215(b) deal with the case of Iceland and Greenland. They are

not very long documents; they are just considered to be irrelevant.

Objection to them could not be very strong.

There is no objection to 216(a) and 216(b), which are already in

evidence, I think; and D-629 is also already in evidence.

Number 217 is simply an interview which the Defendant Ribbentrop gave to

the press, which the Prosecution says is not proper evidence.

Number 004-PS is already in evidence.

Number 218 and 219, I think, are also in evidence.

Number 220 again is objected to as it is simply an interview with the

press.

THE PRESIDENT: Why do you object to those two Ribbentrop communications

to the press?

MAJOR BARRINGTON: It is self-created evidence, My Lord. He has

presumably given that evidence already. He had not given it at the same

time.

THE PRESIDENT: What he said 6 years ago might be relevant.

MAJOR BARRINGTON: Well, if Your Lordship thinks so; but the point I was

making is simply that it is self-created evidence and created at the

time with a view to create an impression. It is propaganda.

THE PRESIDENT: You may say that, yes.

MAJOR BARRINGTON: Then, My Lord, the next group is the Low Countries.

That group really began at 218, of course, and it goes on to 240...

THE PRESIDENT: Is this another group? Communiqué of the 5th group?

MAJOR BARRINGTON: This is the fifth group, My Lord, yes. That goes on

from 218 to 245, and I shall not deal in detail with that because the

French Chief Prosecutor is going to speak about that. And the same with

the next group, Number 6, which is the Balkans. The French Chief

Prosecutor will deal with that, Documents 246 to 278.

The next group, Number 7, is Russia, that is, Documents 280 to 295, with

the exception, I think of 285(a), which seems to have got there by

mistake; it appears to refer to the United States.

Number 279—I cannot identify from the English translation what it is at

all. Perhaps Your Lordship will be good enough to make an amendment

against Numbers 232 and 283; they should be put into the middle column,

there being no objection to them. But there is an objection to all the

other Russian documents. Your Lordship will see, beginning at the bottom

of the group, 291 to 295, they all concern the Anticomintern Pact.

Working up the page again from the bottom, 290, 1 to 5, are extracts

from the book which the Tribunal has already refused. And, of the

documents above that, 280 is Hitler’s speech about Russia in October

1939. And 281 is a repetition of a document we have already had, Number

274, which is the Three Power Pact. That will be dealt with.

THE PRESIDENT: You mean that that is a textual reproduction?

MAJOR BARRINGTON: I think I am right in saying that it is actually a

textual reproduction.

THE TRIBUNAL (Mr. Biddle): But why is there an objection if it is simply

a textual reproduction? The Prosecution has been given textual

reproduction.

MAJOR BARRINGTON: There is no objection at all.

THE TRIBUNAL (Mr. Biddle): You mean it is not in the right column?

MAJOR BARRINGTON: I was putting in the Allied column only the ones which

could make up a complete set according to the Prosecution’s views.

THE TRIBUNAL (Mr. Biddle): Is that true of 284 also, the Soviet-German

pact?

MAJOR BARRINGTON: I do not know whether that has come before...

THE TRIBUNAL (Mr. Biddle): Why do you object to that then?

THE PRESIDENT: By “Pact,” is it the German Pact of the 28th of September

1939?

MAJOR BARRINGTON: This is the 28th of September 1939. I am told that

there is no objection to that.

Number 285 is again simply a German report which draws conclusions of

facts, and the Prosecution says that has no proper evidential value. It

is a very long report by the German Foreign Office concerning the

agitation in Europe against the German Reich by the Soviet Union, and it

is full of conclusions of fact and opinions.

THE PRESIDENT: It is after the date of the beginning of war against

Russia?

MAJOR BARRINGTON: It is after the beginning of that war, My Lord, yes.

Number 286 and 287, those are objected to as being without value as

evidence. They come from the _Völkischer Beobachter_.

Number 288 is said to be a captured Soviet document; but it has

deteriorated generally in the English version, had no date and no

signature, and it seems of very doubtful value.

Number 289 is a report from the Yugoslav military attaché in Moscow,

which is also thought to be irrelevant by the Prosecution.

Then Group Number 8, My Lord, is the group concerning the United States

of America, Documents 299 to 310, and including 285(a). The first ten

documents, Your Lordship will see, are reports from, we would say they

come from a very indirect source, the process report by the Polish

Ambassador on the political situation in the United States in 1939. The

next one seems to come from Portugal, the next from the Polish

Ambassador again, the next two also from the Polish Ambassador. Then the

next one, Number 300, is President Roosevelt’s Quarantine Speech in

1937, which seems too far back to be of any proper relevance. Number 301

is a German summary of events in the United States, which we say is

irrelevant for the reasons I have stated: That they are German

summaries, rather more unreliable than irrelevant. Number 302 again is

the Polish Ambassador’s report. Number 303 is a statement by President

Roosevelt in 1936, and Number 304 is President Roosevelt’s message to

Congress on the 4th of January 1939. I do not think there is anything

very objectionable about that. To numbers 305 to 308, there is no

objection; 309—in my copy there are two different versions of 309. The

first one is a German summary of the facts without any dates and with no

sources indicated. It seems to be of no proper value as evidence, and

the second one, 309 and 309(a), are declarations of the Pan-American

Conference and the German note in reply to it. I do not think the

Prosecution can take a very strong objection to that, but it does not

seem to be very closely in point.

TC-72, Number 127, and TC-72, Number 124, are both appeals of President

Roosevelt to Hitler and are not objected to. 310 is another German

summary of facts without any sources indicated.

The ninth group is simply a miscellaneous group; and, if My Lordship

will turn back to the first page of my note, it is the first 8 documents

on that page, down to Number 45. They are all allowed. There is no

objection to them, except Number 12, which is the announcement of the

Reichstag election results. It does not seem to matter one way or the

other whether that is in.

Number 45 is Lord Rothermere’s book of predictions and prophecies,

_Warnings and Prophecies_. I think the Prosecution contends that it is

not relevant evidence in this case.

The next lot of miscellaneous ones is on Page 2, Numbers 70 to 73.

Number 71 is the German-Lithuanian treaty about Memel, and there is no

objection. Number 70 is thought to be rather irrelevant. Numbers 72 and

73 are objected to because they deal with the Fourteen Points of

President Wilson.

The next lot of miscellaneous ones is on the last page of one of my

notes right down at the bottom, Number 296, and that is a speech by

Hitler on the Rhineland. You have all the evidence that has been given.

It appears to be rather cumulative, if it is not in already. I have not

actually checked whether it is in.

Number 298 on the top of the next page is, in fact, superfluous. It is

the same as Number 274. And down at the bottom of the last page, My

Lord, 311, is a paper written by the Defendant Ribbentrop on the

Führer’s personality.

THE PRESIDENT: That has already been ruled out.

MAJOR BARRINGTON: That, I think, has been ruled out this morning by Your

Lordship. Number 312 is an affidavit of Frau Von Ribbentrop. Number 313

is an affidavit of Dr. Gottfriedsen. I understand from Dr. Horn that,

although he had been allowed Dr. Gottfriedsen as a witness, he thinks it

will save time if he reads the affidavit or a part of it. Perhaps, if

Your Lordship will allow the Prosecution to make what comments they

think fit when he comes to do that, it would be the best way of treating

it.

That is all—all my points, My Lord. There are just the Low Countries

and the Balkans.

MR. DODD: May it please the Tribunal, it is true that Mr. Barrington has

spoken for all of us; and I do not intend to go over any of these

documents, except this, because I fear there is some question in the

minds of the members of the Tribunal about our objection running from 76

through 116, 118 to 122, and 114 to 148, the Polish documents. We also

say, of course, with Major Barrington that they are cumulative, but it

seems to me there is a much more basic objection. Perhaps they all have

to do with the alleged incidents inside Poland and they were published

in these _White Papers_. These incidents involved the mistreatment of

Polish citizens inside Poland, who were perhaps of German extraction.

Well, it is our view that such documents are irrelevant here because

that is no defense at all to the charges; and we cannot permit, we say,

a nation to defend itself or these defendants to defend themselves on

charges such as have been preferred here, by proving that citizens of

another state, although they may have been of German extraction or any

other extraction, were mistreated inside that state. Beginning with 76

running through to 116, 118 through 122, 114 through 148, and 151

through 152—it is 124 through 148 rather than 114 through 148, 124

through 148. The last are 151 and 152.

M. AUGUSTE CHAMPETIER DE RIBES (Chief Prosecutor for the French

Republic): I will ask the Tribunal’s permission to make two short

remarks about documents which are part of the fifth and sixth group, and

which concern entirely French documents taken from the _German White

Book_. It is, as a matter of fact only for this reason, that the French

Prosecution has any knowledge of them, for, contrary to what the

Tribunal believes, the French Prosecution has not yet received a

translation of the documents submitted by Dr. Horn. The first group,

Number 5, Documents 221 to 245; these are General Staff documents; and

it appears that from them Dr. Horn wishes to draw the conclusion that

England and France violated the neutrality of Belgium. If we ask the

Tribunal to reject the 25 documents, it is only because we see a grave

risk of the Tribunal’s losing time in useless discussions. Far from

having any reason to fear discussion, we feel that on the contrary

France and Britain would both be found to have respected scrupulously

the two pacts which they had signed: The first being to respect the

neutrality of Belgium, and the second being to respect the pact by which

they had guaranteed the neutrality of Belgium.

What is the precise issue here, Gentlemen? Only to find out whether

Germany, France, or England violated the neutrality of Belgium. The

Defendant Ribbentrop has been asked this by his counsel, and has

answered it in the clearest possible manner, during Saturday’s session,

in a statement which the Tribunal is certain to remember. The Defendant

Ribbentrop said, “Of course it is always very hard in a war like this to

violate the neutrality of a country; and you must not think that we

enjoyed doing things like that.”

That, Gentlemen, is a formal admission that Germany violated the

neutrality of Belgium. Why should we waste time in discussing the

relevance of these 25 documents now?

I go on to the second group, Group Number 6. These are General Staff

documents, which Germany claims to have seized; and they concern events

in the Balkans in 1939 and 1940. The French Prosecution asks you to

reject the 22 documents submitted by Dr. Horn for the two reasons

following: They have absolutely no claim to be considered authentic, and

they are not relevant. They have absolutely no claim to be considered

authentic—they are all extracts from the _White Book_; and the Tribunal

knows the Prosecution’s views on this point. Moreover, the great

majority of these documents are extracts from documents originating with

the Allied general staffs. No originals have been produced; and the

supposed copies are not even submitted in their entirety. In the second

place, they are not relevant, for they all concern plans studied by the

general staffs in the last months of 1939 and the early part of 1940.

These plans for French or British intervention in Yugoslavia and Greece

naturally presupposed the consent of the governments concerned as an

indispensable condition. The plans were never carried through. They were

definitely abandoned after the Armistice of June 1940. The documents

date from 1939 and 1940; and the Tribunal will remember that the

aggression against Yugoslavia and Greece occurred on 6 April 1941 at a

time when the Hitler Government no longer had any reason to fear plans

made in 1939.

These documents, which have no claim to be considered authentic, are

also in no way relevant to the present discussion; and for that reason

the French Prosecution asks the Tribunal to reject them.

THE PRESIDENT: Now, Dr. Horn. Dr. Horn, the Tribunal thinks that you may

possibly, in view of the evidence which the Defendant Ribbentrop has

given, find it possible to withdraw some of these documents, in view of

the time that has been taken up. I mean the Defendant Ribbentrop has

dealt with the subject very fully; and it may be, therefore, that you

will be able to withdraw some of these documents in order to save time.

DR. HORN: Yes, Mr. President, I will withdraw all the documents which

are cumulative. I should like first...

THE PRESIDENT: If you let us know now what it is you wish to withdraw...

DR. HORN: Yes, Mr. President.

To begin with may I state my position on a few basic questions? That is

the probative value of the _White Books_ and the ambassadors’ reports. I

would like to point out that these documents had a decisive influence on

political opinion. That applies to the Defendant Von Ribbentrop as well

as Hitler. And in addition, I would like to point out that the

Prosecution have relied largely on reports of this kind. I should like,

therefore, to ask for equal rights for the Defense.

Then I would like to say a few words about the documents of the French

General Staff which were found in the town of La Charité during the

French campaign. If the High Tribunal shares the doubts and misgivings

expressed by the representative of the French Prosecution, I ask

permission to question the Commander of Army Group 10, Field Marshal

Leeb, as to the fact that these General Staff documents were found in

the town of La Charité.

The Polish documents to which I have referred were found in the Polish

Foreign Ministry at Warsaw. The Commander-in-Chief at that time, Field

Marshal or Generaloberst Blaskowitz, can testify to that effect. And in

this connection I would also name Generaloberst Blaskowitz as a witness,

if the Tribunal has any misgivings.

Moreover, I can summarize the opinion of the Defense by saying that I

believe that objections can be raised against a document only if its

inaccuracy is obvious from the contents or if it can be shown to be a

forgery. I ask the Tribunal to admit all the other documents contained

in the _White Books_ or the ambassadors’ reports.

As to the documents on Polish minority questions I would like to point

out that Prime Minister Chamberlain himself described the minority

question as being the decisive question between Germany and Poland.

Since these negotiations, of which the main subject, besides Danzig and

the Corridor, was the minority question, led to war, the minority

question is therefore one of the causes of the war. Therefore I ask that

the documents on this point, which prove continuous violation of the

minority pacts on the part of Poland be admitted in evidence.

If the High Tribunal agree, I will now begin to submit the documents to

the Tribunal for judicial notice or to read certain essential passages;

and I would like to tell the Tribunal now which documents I will

dispense with.

DR. DIX: I should be grateful to the Tribunal if I might just state my

position—not as regards the case of Ribbentrop, with whom I am not

concerned; my colleague, Dr. Horn, is dealing with him—but simply on

principle, not exclusively from the Defense point of view, but quite

objectively and basically in regard to the various problems which the

Tribunal must consider before making their decision as to the

admissibility of any piece of evidence—either in the form of a question

put to a witness or a document to be submitted.

I am not asking for permission to talk for the sake of talking, but

because I believe that by doing so I can shorten the later stages of the

proceedings; because I hope that the Tribunal will be in agreement with

the main points of my statements and that therefore it will be

unnecessary for the Defense to make these statements at a later stage.

I have naturally to leave it entirely to the Tribunal whether they

consider it now the appropriate time or whether I shall do it only after

my colleague Horn has finished with his documentary evidence. At any

case I should like to make the statements before the Tribunal have ruled

upon the applications of the Prosecution and of Dr. Horn.

I should like to ask Your Lordship whether the Tribunal will allow me

now to make clear, as shortly as possible, the position I take up in

principle on the questions which I consider of vital importance for the

decision. May I do this?

THE PRESIDENT: Yes.

DR. DIX: I believe, without wishing to criticize the juridical value of

the statements which we have heard here, that there has been some

confusion of ideas. We must keep the distinction quite clear in our

minds: 1. Is an item of evidence—and that applies to witnesses as well

as documents—relevant? 2. Is an item of evidence useful as such? 3. Is

an item of evidence cumulative and therefore to be rejected?

If the Tribunal rule that something offered in evidence is not relevant,

not useful, or cumulative, then it must refuse the application for it at

this stage of the proceedings. On the other hand, the question of the

credibility of something offered in evidence—that is, whether the

answer of a witness is to be believed or not, whether the contents of a

document may be considered credible, whether expositions set forth in a

_White Book_, for instance, are to be believed or not believed—that, in

my opinion, is a question which can be decided only when the evidence in

question has been brought into the proceedings and the Tribunal have

taken judicial notice of it and are able, when freely evaluating the

evidence—a course which is open to the Tribunal—to pass judgment on

its credibility or otherwise. For that reason I think that at the

present moment there seems to be no reason for saying, for instance that

this document cannot be used at all because it is part of a _White Book_

published by the German Government. No one will deny that a _White

Book_, that is, a publication, an official publication, issued by any

government, can as such be useful and relevant evidence. Whether the

passage read and introduced into the proceedings is such that the

Tribunal can give it credence is a question that can be decided after

the evidence in connection with the _White Book_ has been introduced

into the proceedings, and the Tribunal have taken official notice of the

passage in question.

Now, I turn to the question of relevancy and effectiveness. The

representative of the British Prosecution has stated here that the

reports sent by the German ambassadors to their Foreign Minister are,

_per se_, not useful. At least, that is the way I understood him. They

will be admitted only if the Prosecution wishes to use them. In other

words, they are to be admitted only if the Prosecution, wishes to use

them to the detriment of the defendants. I do not think that this point

of view can be maintained. The representative of the British Delegation

cited Article 21 of the Charter in this connection. Article 21 of the

Charter has nothing whatsoever to do with this question. Article 21 of

the Charter merely states, so far as I remember it—I do not have the

Charter on hand but I believe I know the contents of it very well—that

documents referring to the investigation by the governments of the

victorious powers of war crimes committed in their own countries do not

have to be read, but may merely be submitted to the Tribunal for

judicial notice. This question however has nothing whatsoever to do with

the question of the usefulness or relevancy of a report submitted at any

time by a German ambassador to his Foreign Office. Whether this report

has been admitted, or is to be admitted, can be decided according to

whether the Tribunal consider as relevant the subject which it concerns

and which it is to prove—if the fact which is to be proved by it is

considered relevant by the Tribunal and is adequately established by one

or both parties. Then, in my opinion, this ambassador’s report should be

admitted; and after its admission the Tribunal can, by freely weighing

the evidence, consider the value of the evidence, that is, its

credibility, and moreover its objective as well as its subjective

credibility. So much for the clear-cut differentiation of the concepts

of relevancy and usefulness and for the concept of the value of

evidence, that is, the objective and subjective credibility of evidence.

Now, with regard to the question of whether evidence is cumulative. It

is certain that every jurist in this courtroom agrees that cumulative

evidence should not be admitted; but the question of whether evidence is

cumulative may in no circumstances be judged formally, so to speak,

mechanically. I can well imagine that a question with the same wording

as one that has already been put, need not necessarily be cumulative,

for reasons which I will enumerate in a moment and that a question which

in form does not resemble one already put, may nevertheless be

cumulative because it requires an answer from the witness regarding the

same evidence, but expressed in different words. The fact that a

question may be identical in wording with one which has already been put

does not necessarily mean that it is cumulative as shown by the old

proverb _Si duo faciunt idem non est idem_. If, for instance, I ask a

witness who bears the stamp of a fanatical adherent of the Nazi regime

for his subjective impression of something and then put the same

question on the same impression to a witness who is known to be a

fanatical opponent of the Nazi regime, then these two questions are

certainly not cumulative, for it is of paramount importance, if the

Tribunal is to be in a position to form an opinion and make a decision,

to find out whether an impression is registered in the same way by two

worlds, so to speak—by two diametrically opposed persons. Therefore one

has to take the witness into consideration in judging whether a question

is cumulative or not. A further example of the fact that a question

which is exactly similar to one previously put need not be cumulative

would be, for instance, if I put the question to the defendant and then

to a witness who is not interested. In saying this I wish in no way to

disparage the evidence given by the defendant under oath. That is far

from being my intention. In principle, the testimony of both the

witnesses is alike. There is, however, a great difference. In order not

to take too long I will cite only one example—whether when

investigating some phase of the defendant’s inner life about which he

himself is best informed, I question a witness who had an impression of

this incident concerning the defendant, or whether I question the

defendant himself for whom this inner impression is a part of the

psychological background of his deed.

I should like to stop at this point, in order not to take up too much of

the Tribunal’s time with theoretical expositions. My intention in making

this statement was only to request the high Tribunal in making their

decision, I repeat in regard to relevancy and usefulness, to make a

clear distinction in the question of the value to be attached to

subjective evidence, which should be decided after its admission, and to

ask the Tribunal, when considering whether evidence is cumulative, not

to be guided solely by the outward form of the question or the document

but to investigate whether it would not be in the interest of truth and

give a deeper insight into the case to put the same question to

different people, or to have the same question confirmed, or not

confirmed, by written statements by different people.

My conscience is uneasy about this academic exposition, but I hope that

the clarification which I have tried to make and in which I may perhaps

have succeeded to some extent, may help to shorten somewhat later stages

of the proceedings.

THE PRESIDENT: The Tribunal would like to know how long you think you

are going to be over these documents, because we are getting further and

further behind. And how long do you anticipate you will be? Have you

made up your mind yet what documents you are prepared to withdraw, if

any?

DR. HORN: Mr. President, I should need about two more hours—that is

without objections on the part of the Prosecution, and I believe that in

that time I can finish my entire presentation including the reading of

the most important passages, which are limited to a very few documents.

Therefore, without objections about two hours.

THE PRESIDENT: You have heard the Prosecution’s objections. We have

heard them. We will consider them, and we will consider any answer that

you make to them; but we do not desire at this stage, when we have all

these other defendants’ cases to be heard, that you should go into these

documents in detail now and read them, and we hope that you will not

think it necessary to read from these documents after you have answered

the objections of the Prosecution to certain of the documents.

DR. HORN: I have the intention...

THE PRESIDENT: Have you the idea that you had finished your argument in

answer to the Prosecution’s objections or not? Did you intend to deal

further with the admissibility of any of these particular documents or

not?

DR. HORN: In accordance with the wishes expressed by the Tribunal I

intend to submit these documents in groups, with a brief connecting text

and in each group where the Prosecution has made objections to add a few

remarks on the points raised. I do not intend to do any more.

THE PRESIDENT: Dr. Horn, you see, the position is this. The Prosecution

have objected to certain documents on certain grounds, and we want to

give you a full opportunity to answer those objections. When you have

your full answer to those objections, we think it will be appropriate we

should adjourn and decide upon those objections and upon your arguments.

Do you see? That we should rule that, after you have given your answer

to the objections, we should adjourn and decide which of the documents

we rule to be admissible in evidence.

DR. HORN: If the Tribunal intends to give its ruling after I have taken

my position on the objections of the Prosecution, then I ask that I be

given an opportunity now, for, to begin with, I would like...

THE PRESIDENT: Wait a moment, Dr. Horn. Because you see, it is 5

o’clock, and we shall not be able to conclude it tonight.

Dr. Horn, if you could conclude your arguments in answer to the

questions of principle which have been raised by the Prosecution now, we

think it would be the most convenient course if you could do it in a

fairly short time. I mean, you have heard what the Prosecution say about

these various groups, and it would be more convenient, we think, if you

could answer that in the space of a quarter of an hour now.

DR. HORN: First of all, I would like to refer to documents numbered 48

to 61. In regard to these I can take only the following position.

THE PRESIDENT: Yes.

DR. HORN: Number 48 to 61. Perhaps I may again use these pages of the

Prosecution, with their objections, as a basis. Documents 48 to 61 were

rejected as irrelevant, but these documents deal with rearmament and

preparation for war by the opposite side. I can arrive at the basic

motives animating Hitler and Ribbentrop only by contrasting the German

evidence with the evidence given by the other side. I cannot judge of

the illegality of an action unless I know all the facts. To know all the

facts, I have to know the attitude taken by the other side. Therefore, I

consider these documents highly relevant.

THE PRESIDENT: Yes.

DR. HORN: The next group of decisive importance consists of the

documents dealing with the Polish minority problem. The representative

of the Prosecution has said that by the German-Polish agreement of 5

November 1937, the minority problem was sanctioned by both countries.

That is, all violations of international law in regard to minority

questions would be considered a closed chapter if they had occurred

before that year. This view is certainly not correct, because one

agreement cannot sanction the violation of a prior agreement. Moreover,

during the negotiations for the 1934 pact between Germany and Poland it

was expressly agreed, as I can prove by means of these documents that,

after a general political agreement had been made, the minority question

as well as that of Danzig and of the Corridor should be settled.

These questions were expressly held in abeyance pending a further

settlement by agreement, and as no such settlement of the two questions

was made, the documents dealing with the violations by the Poles of

international law with regard to minority pacts cannot be rejected on

account of this agreement. For this agreement, as I should like to

emphasize once more, particularly deals with a further agreement for the

settlement of this question.

The second objection for this group is the fact that the minority

problem on the whole is called irrelevant. Previously I stated briefly

that the British Prime Minister Chamberlain himself realized the need

for regulating this problem. I will submit this document too; it is

Document Number 200 in my document book. All the political circles

concerned thought that the solution must be found for this question and

therefore considered it relevant. I ask the Tribunal therefore to admit

the documents referring to it. These documents cannot be rejected in

part as cumulative, as was done here, for on the strength of these

documents, I wish to prove that these minority pacts have been

repeatedly violated since 1919, and I submit documents from the

international tribunal of The Hague and the League of Nations at Geneva,

showing that these violations took place during a period of over 20

years.

I accept the objections made by the Soviet Delegation to Documents 286

to 289, and I withdraw Documents 286 to 289.

Since the Tribunal recently objected to the book _America in the Battle

of the Continents_, I also withdraw documents presented under Number

290, 1 to 5. I have also referred to that book under several other

numbers, and I withdraw also all those numbers which refer to the book,

_America in the Battle of the Continents_. As for the ambassadors’

reports, I again refer to my statement and the basic statements made

here a moment ago by my colleague, Dr. Dix. I am convinced that, on

principle, and on the strength of the legal arguments adduced and also

in view of the fact that the Prosecution have used such reports

extensively, the Defense should also be granted the right of referring

to these reports, especially as they formed the foundation on which

German political opinion was based.

I shall not be able to dispense with the files of the French General

Staff either, for the reasons I have stated. It has been said that

Documents 221 to 269 are irrelevant. They are not irrelevant, because we

had neutrality pacts with those countries, and in the neutrality pacts

it was agreed that Germany would respect their neutrality as long as the

other side also respected it. As it would now be possible here to prove

that the other side did not respect this neutrality, the proof of

whether a war of aggression against these countries by Germany...

THE PRESIDENT: The point that M. Champetier de Ribes was making was that

France was out of the war by 1940. Therefore documents which were drawn

up by the French General Staff in 1940 had no relevance in 1941. Isn’t

that so? That is the point that he was making.

DR. HORN: You mean the French Prosecutor?

THE PRESIDENT: Yes, the French Prosecutor.

DR. HORN: Yes. However, the fact that breaches of neutrality were

committed by France and were known to the German Government at the time

alters the legal situation completely. You cannot say that Germany waged

an aggressive war against these countries when we knew through our

intelligence service that our opponents intended to occupy these

countries, and did in fact do so, by sending out General Staff officers.

Thus it was the other side which was guilty of violation, and the files

which have been found have only confirmed the intelligence reports

submitted to us at the time; I say, at the time.

Therefore, you cannot accuse Germany of violating the neutrality pact in

these cases. I would like to ask the Tribunal, therefore, to admit those

files as relevant for the reasons stated. With reference to the other

documents, I ask to be permitted to make my statement when I submit the

documents to the Tribunal in the presentation of evidence.

THE PRESIDENT: You see, Dr. Horn, we want to rule upon it when we have

heard your arguments; we do not want to have to rule again over every

document. We want you to take them in groups, in the way the Prosecution

has, so that we may make up our minds and rule.

DR. HORN: These are the main objections which I have to make to the

arguments of the Prosecution. I ask the Tribunal once more to

differentiate between considerations of principle raised by Dr. Dix, and

between the factual considerations raised by myself with regard to the

individual groups.

THE PRESIDENT: Very well, we will adjourn now.

[_The Tribunal adjourned until 3 April 1946 at 1000 hours._]

NINETY-EIGHTH DAY

Wednesday, 3 April 1946

_Morning Session_

THE PRESIDENT: The Tribunal has read and considered every one of the

documents produced by Dr. Horn on behalf of the Defendant Ribbentrop and

the Tribunal rules as follows:

I will refer only to the documents to which no objection was taken,

where the Tribunal rejects them; that is to say, documents to which no

objection is taken are allowed with the particular exceptions which I

make.

With reference to the documents to which objection was taken, the

Tribunal rejects Numbers 12, 45, 48 to 61 inclusive. It allows Document

62. It rejects Documents 66, 67 and 69. It allows Document 70. It

rejects Documents 72, 73, 74. It rejects Documents 76 to 81 inclusive.

It grants Document 82. It rejects Document 83. It grants Documents 84 to

87 inclusive. It rejects Documents 88 to 116 inclusive. It rejects

Documents 118 to 126 inclusive. It allows Document 127. It rejects

Documents 128 to 134 inclusive. It rejects Documents 135 to 148

inclusive. It rejects Documents 151 and 152. It allows Documents 155 and

156. It rejects Documents 157 and 158. It rejects Document 161. It

allows Document 162. It allows Document 164. It allows Documents 165 to

183 inclusive. It rejects Document 184. It allows Documents 185 and 186.

It rejects Document 191. It allows Documents 193 and 194. It rejects

Document 195, Paragraphs 1, 2, 3, and 4. It grants Document 195,

Paragraphs 5, 6, 7, 8, 9. It rejects Documents 196 and 197 and 198. It

rejects Document 204. It rejects Document 207. It grants the whole of

Document 208. It grants Document 210. It rejects Document 211 (a) and

(b) and Document 212. It grants Document 213. It rejects 214. It rejects

215 (a) and (b). It grants Documents 217 and 220. It grants Documents

221 to 245, except Document 238, and it also excludes all comments

contained in those documents. It rejects Documents 246 to 269. It

rejects 270 and 271. It rejects 275. It rejects 276. It grants 277 and

278. As to 279, the Tribunal would like Dr. Horn to inform them what

that document is because in the copy that they have got it is

unidentified. That is 279, Dr. Horn, in Book 8, I think.

DR. HORN: The document contains the Non-aggression Treaty between

Germany and the Soviet Union, of 23 August 1939. It contains the text of

that treaty.

THE PRESIDENT: Yes, well, then that will be allowed. 280 and 281 are

granted. 282, 283, and 284 are granted. 285 is rejected. 286 to 289 were

withdrawn. 290 was withdrawn. 291 is granted. 292 is rejected, 293 is

rejected, 294 is rejected. 295 is rejected. 296 is granted. 298 to 305,

inclusive, are rejected. 306 is granted. 307 is rejected. 308 is

granted. 309 and 309 (a) are both rejected. 310 is rejected. 311 had

already been ruled out. 313 is granted. 314 is rejected. 317 is granted.

318 is rejected. Well, 312 is granted; it had not been objected to. I do

not have a note of 315 and 316; are they asked for?

DR. HORN: 315, Mr. President, is the reproduction of a PS number, that

is 1834-PS, and has already been submitted and therefore need not be

submitted again.

THE PRESIDENT: Does that apply also to 316, Dr. Horn?

DR. HORN: 316 also has a PS number and therefore need not be

resubmitted.

THE PRESIDENT: Well, then, that deals with all the numbers, I think.

DR. HORN: Mr. President, I will dispense with Number 312, and ask

instead for Number 317. This contains a notarized statement under

oath...

THE PRESIDENT: 317 is granted.

DR. HORN: Thank you, Mr. President.

THE PRESIDENT: Now, Dr. Horn, will you deal with the ones which we have

left in, as far as you wish to deal with them. If you wish to comment

upon any of the ones that we have allowed, you may do so now. We do not

desire you to do so, but if you wish to do so, you may.

DR. HORN: May I ask Your Lordship for permission to present my

arguments. I will present only very brief arguments at a time to be

determined by the High Tribunal, so that I can sort the documents and

need not take up your time unnecessarily? All the documents are fastened

together at present and it would take longer if I were to present my

case now than if I could present the sorted documents. I therefore ask

the Tribunal to set a time when I may present these documents.

THE PRESIDENT: The application is granted.

DR. HORN: Yes. I will then have concluded my case and will need only a

relatively short time to comment briefly on some but not all of the

documents.

THE PRESIDENT: If Dr. Nelte is already to go on with the case of the

Defendant Keitel, the Tribunal suggests possibly you might be able to

deal shortly with your documents at 2 o’clock.

DR. HORN: Yes, Mr. President.

THE PRESIDENT: Would that be agreeable to Dr. Nelte?

DR. HORN: I will consult my colleague.

Dr. Nelte has just advised me that he will fetch his documents and then

he can proceed with the presentation of his case immediately.

THE PRESIDENT: Very well.

[_Dr. Nelte returned to the courtroom._]

THE PRESIDENT: Dr. Nelte, the Tribunal is much obliged to you for

presenting your argument now.

DR. NELTE: Mr. President, I will begin the presentation of the case for

Keitel by asking you to summon the defendant to the witness stand, and I

shall question him. The documents which I will use in this interrogation

were submitted with a list yesterday. I hope that those documents are at

your disposal so that you will be able to follow my questions in a

manner which is desirable in the interest of a smoothly conducted

interrogation.

THE PRESIDENT: Then you will call the Defendant Keitel?

DR. NELTE: Yes.

[_The Defendant Keitel took the stand._]

THE PRESIDENT: Will you state your full name?

WILHELM KEITEL (Defendant): Wilhelm Keitel.

THE PRESIDENT: Will you repeat this oath after me:

I swear by God—the Almighty and Omniscient—that I will speak the pure

truth—and will withhold and add nothing.

[_The defendant repeated the oath in German._]

THE PRESIDENT: You may sit down if you wish.

DR. NELTE: Please describe your military career briefly.

KEITEL: In the year 1901, in the beginning of March, I became an officer

candidate in an artillery regiment of the Prussian Army. At the

beginning of the first World War, in 1914, I was the regimental adjutant

of my regiment. I was wounded in September 1914, and in the beginning of

November I became chief of a battery of my regiment. Since the spring of

1915 I served in various general staff capacities, first with higher

commands of the field army, later as a general staff officer of a

division. Towards the end I was the first general staff officer of the

Naval Corps in Flanders. Then I joined the Reichswehr as a volunteer.

Beginning with the year 1929 I was Division Head (Abteilungsleiter) of

the Army Organizational Division in the Reichswehrministerium. After an

interruption from 1933 to 1935 I became, on 1 October 1935, Chief of the

Wehrmacht Department (Wehrmachtsamt) of the Reichskriegsminister, that

is Chief of Staff with the Minister of War. While on active service I

became Generalmajor. At that time I was chief of an infantry brigade. On

4 February 1938 to my surprise I was appointed Chief of Staff of the

Führer, or Chief of the OKW—Oberkommando der Wehrmacht. On 1 October

1939, I became General of the Infantry and after the campaign in the

West in 1940 I became Field Marshal.

DR. NELTE: Were you a member of the National Socialist German Labor

Party?

KEITEL: No, I was not a member. According to military law I could not be

or become a member.

DR. NELTE: But you received the Golden Party Badge. For what reason?

KEITEL: That is correct. Hitler presented this Golden Badge of the Party

to me in April 1939, at the same time that the Commander-in-Chief of the

Army, General Von Brauchitsch, received it. The Führer said it was to be

in commemoration of the march into Czechoslovakia. The Golden Badge had

“16 and 17 March” engraved on it.

DR. NELTE: In the year 1944 the Military Service Law was changed so that

active soldiers could also become members of the Party. What did you do

at that time?

KEITEL: That is correct. In the late summer or autumn of 1944 the

Military Service Law was changed so that active soldiers could also be

Party members. At that time I was invited to submit personal data for

the Party in order to be listed as a member of the Party. At the same

time I was asked to send in a donation of money to the Party. I

submitted personal data to Party headquarters and also sent in a

donation, but as far as I know I never became a member. I never received

a membership card.

DR. NELTE: To what extent did you participate at Party functions?

KEITEL: Owing to my position and to the fact that I accompanied the

Führer constantly, I participated at public functions of the Party

several times, for example, at the Party rallies in Nuremberg, also each

year when the Winter Relief Work campaign was launched. Finally,

according to orders, each year on the 9th of November, I had to attend,

together with a representative of the Party a memorial service at the

graves of the victims of 9 November 1923. It took place symbolically in

memory of the fight on 9 November, between the Party and the Wehrmacht.

I never participated in internal conferences or meetings of the Party

directorate. The Führer had let me know that he did not want this. Thus,

for example, every year on 9 November I was in Munich, but never

participated in the gatherings of the so-called Hoheitsträger (bearers

of power) of the Party.

DR. NELTE: What decorations did you receive during the war?

KEITEL: During the war—it must have been in the winter of 1939-1940—I

received the Knight’s Cross of the Iron Cross. I did not receive any

other German war decorations.

DR. NELTE: Do you have any sons?

KEITEL: I had three sons, all of whom served at the front as officers

during this war. The youngest one died in battle in Russia in 1941. The

second was a major in Russia and has been missing in action, and the

eldest son, who was a major, is a prisoner of war.

DR. NELTE: Field Marshal Keitel, beginning with essential matters, I

would like to put the following basic questions to you: What basic

attitude did you, as a soldier, an officer, and a general, have toward

the problems with which you had to deal in your profession?

KEITEL: I can say that I was a soldier by inclination and conviction.

For more than 44 years without interruption I served my country and my

people as a soldier, and I tried to do my best in the service of my

profession. I believed that I should do this as a matter of duty,

laboring unceasingly and giving myself completely to those tasks which

fell to me in my many and diverse positions. I did this with the same

devotion under the Kaiser, under President Ebert, under Field Marshal

Von Hindenburg, and under the Führer, Adolf Hitler.

DR. NELTE: What is your attitude today?

KEITEL: As a German officer, I naturally consider it my duty to answer

for what I have done, even if it should have been wrong. I am grateful

that I am being given the opportunity to give an account here and before

the German people of what I was and my participation in the events which

have taken place. It will not always be possible to separate clearly

guilt and entanglement in the threads of destiny. But I do consider one

thing impossible, that the men in the front lines and the leaders and

the subleaders at the front should be charged with the guilt, while the

highest leaders reject responsibility. That, in my opinion, is wrong,

and I consider it unworthy. I am convinced that the large mass of our

brave soldiers were really decent, and that wherever they overstepped

the bounds of acceptable behavior, our soldiers acted in good faith,

believing in military necessity, and the orders which they received.

DR. NELTE: The Prosecution, in presenting evidence regarding violations

of the laws of war, Crimes against Humanity, repeatedly point to

letters, orders, _et cetera_, which bear your name. Many so-called

Keitel orders and Keitel decrees, have been submitted here. Now we have

to examine whether and to what degree you and your actions are guilty of

and responsible for the results of these orders. What do you wish to say

to this general accusation?

KEITEL: It is correct that there are a large number of orders,

instructions, and directives with which my name is connected, and it

must also be admitted that such orders often contain deviations from

existing international law. On the other hand, there are a group of

directives and orders based not on military inspiration but on an

ideological foundation and point of view. In this connection I am

thinking of the group of directives which were issued before the

campaign against the Soviet Union and also which were issued

subsequently.

DR. NELTE: What can you say in your defense in regard to those orders?

KEITEL: I can say only that fundamentally I bear that responsibility

which arises from my position for all those things which resulted from

these orders and which are connected with my name and my signature.

Further, I bear the responsibility, insofar as it is based on legal and

moral principles, for those offices and divisions of the OKW which were

subordinate to me.

DR. NELTE: From what may your official position and the scope of your

legal responsibility be inferred?

KEITEL: That is contained in the Führer’s decree of 4 February 1938

which has been frequently cited.

DR. NELTE: I am submitting this decree to you so that you can have the

text before you. In this Führer decree, Paragraph 1, you will find:

“From now on I will directly and personally take over the Supreme

Command of the entire Wehrmacht.”

What did that mean compared with the conditions that had existed until

then?

KEITEL: Until that time we had a Commander-in-Chief of the Wehrmacht,

Field Marshal Von Blomberg. In addition there was the Supreme Commander

of the Wehrmacht who, according to the constitution, was the head of the

State—in this case, Hitler. With the resignation of the

Commander-in-Chief of the Wehrmacht, Von Blomberg, there was only one

Supreme Commander and that was Hitler himself. And from that time on he

himself exercised command of all three arms of the Wehrmacht: The Army,

Navy, and Air Force. It also says “from now on directly.” That should

establish unequivocally that any intermediary position with authority to

issue orders was no longer to exist, but that Hitler’s orders as Supreme

Commander were issued directly to the three arms of the Wehrmacht and

their Commanders. It also says here “directly” and “personally.” That,

too, had its meaning, for the word “personally” was to express the fact

that there was and would be no, I would say, “deputizing” of this

authority.

DR. NELTE: I assume therefore that you never signed your orders “acting

for”?

KEITEL: No, I do not remember a single instance in which I signed

“acting for.” According to our military principles, if the question had

arisen to appoint a deputy, it could have been only one person, the

Commander-in-Chief of the three arms of the Wehrmacht, namely the one

highest in rank.

DR. NELTE: In Paragraph 2 of the decree of 4 February 1938 it says:

“...the former Wehrmacht office in the Ministry of War, with its

functions is placed directly under my command as OKW and as my

military staff.”

What does this signify in regard to the staff which was thereby formed?

KEITEL: The Commander-in-Chief of the Wehrmacht had his military staff

in the Wehrmachtsamt, that is to say, the Wehrmachtsamt in the Ministry

of War. Hitler, as Supreme Commander, took over the Wehrmachtsamt as his

military staff. Thus, this staff was to be his personal working staff.

At the same time that the post of Supreme Commander of the Wehrmacht was

eliminated, that of Reich Minister of War was also removed. There was no

War Ministry and no Minister of War as heretofore. Thus one could

clearly see what Hitler wanted, namely, that between him and the

Wehrmacht divisions there was to be no one holding office with any

authority either in command channels or in ministerial functions.

DR. NELTE: When this decree was issued you were installed as holder of a

new office with the title of “Chief OKW.” Will you please clarify

whether this term “Chief OKW” is correct; that is, whether it really was

what the title seems to indicate.

KEITEL: I must add that I realize only now that this term in its

abbreviated form is not quite apt. To be exact one should have said,

“Chief of Staff of the High Command of the Wehrmacht,” and not the

abbreviation, “Chief OKW.” From the case presented by the Prosecution I

gathered that the idea of “Chief” was interpreted as if that were a

commander, chief of an office, with authority to issue orders. And that,

of course, is an erroneous conclusion. It was neither a position of a

chief in the sense of a commander, nor, as might have been assumed or

has been assumed, was it a position as chief of a general staff. That

too, is incorrect. I was never Chief of the General Staff of the

Wehrmacht. It was Hitler’s unmistakable wish to concentrate in his own

person all the authority, all the power of command. That is not merely a

retrospective statement. He clearly expressed this desire to me on

several occasions, partly in connection with the fact that he told me

repeatedly, “I could never put this through with Blomberg.”

DR. NELTE: I have here a statement made by Field Marshal Von Brauchitsch

and submitted by the Prosecution.

KEITEL: Perhaps I might add something further. I was discussing the fact

that it was not a position of Chief of the General Staff, since it was

Hitler’s basic view that commanders-in-chief of the Wehrmacht branches

each had his own general staff, or operations staff, and that he did not

want the High Command of the Wehrmacht, including the Wehrmacht

Operations Staff, to take over the functions of a general staff.

Therefore, in practice the work was done by the general staffs of the

Wehrmacht branches, while the Wehrmacht Operations Staff of the OKW,

which was purposely kept small, was a working staff for Hitler, a staff

for strategic planning and for special missions.

DR. NELTE: Then Field Marshal Von Brauchitsch’s statement in his

affidavit, of which I have already spoken, is correct? It says here:

“When Hitler had decided to use military pressure or military

power in attaining his political aims, the Commander-in-Chief of

the Army, if he participated, received his instructions first

orally, as a rule, or by an appropriate order. Thereupon the OKW

worked out the operation and deployment plans. When they had

been submitted to Hitler and were approved by him, a written

order from the OKW to the branches of the Wehrmacht followed.”

Is that correct?

KEITEL: Yes, in principle it is correct insofar as the final formulation

of the order to the Commander-in-Chief of the Army took the form of a

directive, as we called it, based on the general plans which had already

been submitted and approved. This work was done by the Wehrmacht

Operational Staff (Wehrmachtführungsstab); thus the Wehrmacht

Operational Staff was not an office which became independently active

and did not handle matters concerning the issuing of orders

independently; rather the Wehrmacht Operational Staff and I took part in

the basic determination or approval of these proposals and formulated

them in the manner in which they were then carried out by Hitler as

Commander-in-Chief. To speak technically we then passed these orders on.

DR. NELTE: Then I have an affidavit by Generaloberst Halder which deals

with the same subject. You know this affidavit Number 1. I believe I can

dispense with the reading of it and as evidence refer only to Halder’s

affidavit Number 1, which has been submitted by the Prosecution

(Document Number 3702-PS).

In addition the Prosecution submitted another treatise without a special

number. The title of the treatise is “Basis for the Organization of the

German Wehrmacht.”

THE PRESIDENT: Is this the document which you say the Prosecution

offered in evidence but did not give a number to?

DR. NELTE: Mr. President, this document was given to us by the

Prosecution, I believe by the American Prosecution, on 26 November 1945.

I do not know...

THE PRESIDENT: You mean it never was deposited in evidence by the

Prosecution?

DR. NELTE: I do not believe I can decide that. I assume that a document

which has been submitted to the Defense Counsel was submitted to the

High Tribunal at the same time, if not as evidence, then at least for

judicial notice.

THE PRESIDENT: What is the document? Is it an affidavit or not?

DR. NELTE: It is not an affidavit; it is really a study by the American

Prosecution. And, I assume, it is a basis for the indictment of the

organization OKW, and so forth.

THE PRESIDENT: Have you got it in your document book or not?

DR. NELTE: No, I do not have it in the document book, because I assumed

that was also at the disposal of the High Tribunal. Besides, Mr.

President, it is a short document.

THE PRESIDENT: Perhaps, Mr. Dodd can tell us what it is.

MR. DODD: If I could see it I might be able to be helpful. I am not

familiar with it. It is probably one of the documents which we submitted

to the Defense but which we did not actually introduce in evidence, and

that happened more than once, I think, in the early days of the Trial.

THE PRESIDENT: Yes.

DR. NELTE: I refer to a single short paragraph of this study which I

would like to read. Perhaps we can thus obviate submitting the document.

THE PRESIDENT: Are you offering in evidence the whole of the affidavit?

I do not mean at this moment, but are you proposing to offer it?

DR. NELTE: I assume that the Prosecution have already submitted it. I am

only referring to it.

THE PRESIDENT: The whole affidavit? What is the number of it, if it has

been submitted?

DR. NELTE: This affidavit also does not have a number. The

Prosecution...

THE PRESIDENT: It has not been submitted if it has not a number on it

then.

It is suggested to me that possibly the Halder affidavit was offered and

then rejected.

DR. NELTE: No. At that time a series of affidavits was submitted: By

Brauchitsch, Halder, Heusinger, and many other generals who are in

Nuremberg. None of these affidavits had an exhibit number.

MR. DODD: This affidavit was put in by the United States as an exhibit.

I do not have the number handy, but I think it was submitted at the time

Colonel Telford Taylor submitted the case on behalf of the Prosecution

against the High Command and the OKW. This Halder “affidavit,” the first

document which Doctor Nelte referred to, is not an affidavit. It was a

paper submitted to the Tribunal and to the Defense by Colonel Taylor. It

set out some of the basic principles of the organization of the High

Command and the OKW wholly before he presented his part of the case. It

is really just the work of our own staff here in Nuremberg.

THE PRESIDENT: Doctor Nelte, as the document you are referring to, not

the Halder affidavit, appears to be a mere compilation, the Tribunal

thinks it should not go in as an exhibit, but you can put a question to

the witness upon it.

DR. NELTE: [_Turning to the defendant._] In the essay which you have

before you, the Prosecution asserted the following: After 1938 there

were four divisions: The OKW (High Command of the Wehrmacht); the OKH

(High Command of the Army); the OKL (High Command of the Air Force); the

OKM (High Command of the Navy); and each had its own general staff. What

can you tell us about that?

KEITEL: I can say only that this is not correct, and also contradicts

the description which I have already given of the functions of the High

Commands of the Wehrmacht branches and of the OKW. There were not four

such departments. There were only three: The High Command of the Army,

the High Command of the Navy, and the High Command of the Air Force.

As I have just stated, the High Command of the Wehrmacht as a personal,

direct working staff, was in no way an independent authority in that

sense. The commanders-in-chief of the Wehrmacht branches were

commanders, had the authority to issue orders and exercised this power

over troops which were subordinate to them. The OKW had neither the

power to issue orders, nor subordinate troops to which orders could have

been issued. It is also not correct, if I recall the speeches of the

Prosecution, to use the expression “Keitel was Commander-in-Chief of the

Wehrmacht.” I am mentioning it only to emphasize this point. Further, I

would like, briefly, to call attention to the diagram on the last page

of the document which has been shown to me.

DR. NELTE: This sketch is the diagram which is called “The Wehrmacht.”

It is an exposition, a diagrammatic exposition of the entire Wehrmacht

and its branches.

KEITEL: I believe I should point briefly to the fact that it is this

diagram which was the basis for this erroneous conception, because in it

the High Command of the Wehrmacht is designated as a special office or

office of command, and that is incorrect.

DR. NELTE: What tasks had you in this military sector as the Chief of

the OKW?

KEITEL: First of all, it was an essential task to secure for the Führer

with and through the Wehrmacht Operational Staff, all the documents and

all the numerous informations and reports which he desired. I dare say

that the Wehrmacht Operational Staff had, in this connection, the

function to one might say arrange and establish direct and close

communication between Hitler and the general staffs of the branches of

the Wehrmacht. In addition to securing a countless number of such

documents which were demanded daily, there was a second function, namely

to be regularly present at all conferences in which the

commanders-in-chief of the Wehrmacht branches and the chiefs of their

staffs participated as well as the Chief of the Wehrmacht Operational

Staff. On those occasions as soon as a series of oral orders was given,

these orders, in compliance with military principles, naturally had

later to be confirmed in writing. Only in this way could we prevent

mistakes or misunderstandings from arising, that is, by confirming these

orders to those who had already received them orally the orders were

made clear. That is the purpose and meaning of the order.

DR. NELTE: How did you sign the orders and documents which you drew up?

KEITEL: It is correct that this form of orders and directives were

almost exclusively signed by me. They were actually orders which had

already been given and which had already long since been transmitted

through military channels. As can be seen from the bulk of the documents

submitted here, this gave rise to the form which I made a habit of using

in which I always wrote at the beginning or after a few preliminary

words, “The Führer has therefore ordered...”

In the large majority of cases this order was no longer a surprise to

the office which received it. It was nothing new but it was only a

confirmation. In a similar way I naturally had also a considerable

number of organizational and other directives and orders also in not

purely operational fields worked out under my supervision and passed on.

In this respect I should like to point out particularly that in no case

did I send out orders without having shown them again to my supreme

commander when making the daily reports, in order to be certain that I

had not misunderstood him in any form or manner or that I was not

issuing anything which—and this I would like to emphasize—did not have

his approval to the letter.

DR. NELTE: There was another category of orders and directives...

KEITEL: May I perhaps add a few words?

DR. NELTE: Please do.

KEITEL: In order to clarify this: Among the documents submitted here are

those which Hitler personally signed and released under the heading “The

Führer and Supreme Commander of the Wehrmacht.” There are some

exceptions in which such directives were signed by me “by order of,” I

would like to explain this matter also. In this case it is also true

that if these directives, which for the most part had been corrected

several times by Hitler personally, had to be issued urgently and the

Supreme Commander was prevented from signing himself, it was necessary

for me to let the signature go out in this form, never as “deputy” but

always as “by order of.” Otherwise, orders were issued as I have already

stated, in the form of directives which were signed by me.

At the same time I should like to mention that even if we have a series

of documents here headed “Chief, Supreme Commander of the Wehrmacht”

or—some of them are different: “High Command of the Wehrmacht”—if they

are signed, “by order, Jodl,” I can say that it can be proved almost

automatically that I did not happen to be there at the time; otherwise I

would have signed it myself, knowing that I was Chief of Staff who, in

accordance with military regulations, had to sign such documents.

DR. NELTE: The memorandum which you have before you contains the

following sentence:

“The OKW united in itself the activity of a staff and of a

ministry; the matters involved, which had previously been taken

care of by the Reich War Ministry, have probably also been

turned over to the OKW.”

Please clarify the ministerial function of the OKW.

KEITEL: Yes, this formulation as set down in this document is not

exactly incorrect, but it is on important points at least, open to

misunderstanding, for it was not at all true that all functions which

had been previously carried out by the War Minister were turned over to

the OKW. There were many functions and rights which the War Minister, in

his capacity as minister, and thus the person responsible for them,

could and did decide even for the branches of the Wehrmacht and their

commanders, which were never transmitted to the Chief of the OKW, that

is, to me.

The following things happened at that time: Everything in this

connection involving authority to issue orders or exercise supreme

command, and which the Führer did not wish to take over personally, was

transferred to the commanders-in-chief of the branches of the Wehrmacht

as far as supreme authority and authority to make decisions were

concerned. To touch on the subject briefly, I should like to mention a

few essential facts which I remember. For example, the officers’

personnel records, decisions on complaints, documentary material on

budget questions, court jurisdiction and court authority, which formerly

belonged to the Minister of War, were transferred to the

commander-in-chief, as well as all questions concerning officials and

all questions of the rights of officials. I could mention still more,

but I merely wished to point out that even in cases where decisions had

to be made, as for example, removing an official or dismissing an

employee, the chief of the OKW did not decide. These powers were

delegated to the commanders-in-chief in addition to the powers they held

previously and which were transferred from the War Minister’s

jurisdiction. There were only certain reservations which the Führer made

for himself. Similarly some of the other fields of the OKW were limited

in their assignments in the course of the following years through the

dissolution of the Economic Armament Office. The position of Armament

Minister was created because of the dissolution of the Amt Ausland

Abwehr, that is, the Counterintelligence Service, of which only the

branch self-protection of the troops was left with the Wehrmacht;

everything else was transferred, and so forth.

My authority included the following: It was my duty in all cases to get

Hitler’s decision on all basic questions with which this ministerial

section was concerned. I was free from the necessity of doing this only

in current matters or if there was complete agreement between the

persons involved in a ministerial or administrative question and the

branches of the Wehrmacht in my department. In such a case a decision by

Hitler was not necessary. I must emphasize again, in summary, that the

OKW had no authority of its own, and that one can say only that Hitler

actually functioned as Supreme Commander of the Wehrmacht, just as the

functions of the War Minister were combined in his person so as to, to

repeat that, to eliminate an intermediary official at all costs. That

is, there was to be no intermediary between him and the

commanders-in-chief of the Wehrmacht branches.

THE PRESIDENT: We will adjourn now until 2 o’clock.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: Dr. Nelte, although the Tribunal did say that they would

hear Dr. Horn at 2 o’clock, they would not wish to interrupt the

examination of the Defendant Keitel if you prefer to go on with that

now. It is a matter for you to consider whichever you like.

DR. NELTE: Dr. Horn agrees that I continue the interrogation of Keitel

now.

THE PRESIDENT: Very well.

MR. DODD: If it please the Tribunal, for the assistance of the Tribunal

I have ascertained that the first Halder affidavit, referred to this

morning by Dr. Nelte, was introduced as Exhibit USA-531 (Document Number

3702-PS) on 4 January, by Colonel Taylor; and the second Halder

affidavit referred to by Dr. Nelte was introduced as Exhibit USA-533

(Document Number 3707-PS) on 5 January, by Colonel Taylor.

THE PRESIDENT: Thank you.

DR. NELTE: Mr. President, Mr. Dodd was kind enough to put at my disposal

a number of copies of the pamphlet, “Principles of Organization of the

German Armed Forces” so that I can submit them to the Tribunal. I do so

now.

[_Turning to the defendant._] You last explained that on 4 February

1938, part of the authority of the War Ministry was transferred to

branches of the Armed Forces, and part to the High Command of the

Wehrmacht. In the decree which has been mentioned it says, concerning

this matter:

“The OKW at the same time is taking care of the affairs of the

Reich War Ministry. The Chief of the OKW, on my orders will

exercise the authority which the Reich Minister of War had

heretofore.”

Tell me briefly to which fields this applied. I myself will submit to

the Tribunal a diagram which has already been sent to the Translation

Division for translation. I do not know, however, if the Tribunal

already has the translation.

KEITEL: The ministerial functions actually transferred to the OKW were

executed by a number of offices. I shall name the most important now,

indicating their functions:

First of all, a few words about the Wehrmacht Operations Staff

(Wehrmachtführungsstab) which, being an office of the OKW, was

subordinated to it in the same way as the other offices of the OKW were,

but which was on a higher level than the other offices. As the name

implies, the Wehrmacht Operations Staff was an organ of the Führer’s

High Command with which he frequently—I might say, mostly—collaborated

personally. It had no ministerial powers.

Then there was the General Armed Forces Office (Allgemeines

Wehrmachtsamt) which took care mainly of ministerial and administrative

questions. One could almost call it a war ministry on a small scale.

Then the office of Counterintelligence Service (Amt Ausland Abwehr),

which was to a large extent ministerial but to some degree an aid in

operational questions.

Then the Economic Armament Office, in regard to which I must point out

that in the year 1940 this office was dissolved and only a small Defense

Economy Office (Wehrwirtschaftsamt) remained, which was mainly concerned

with questions of supply of all consumer goods needed by the Armed

Forces, such as fuel, coal, gasoline, _et cetera_, and which I need not

mention further.

Then an important field of activity: Replacements Administration for the

entire Armed Forces, or abbreviated, Recruiting, a central office which

was designed mostly to take care of personnel questions within the OKW.

Then the Legal Administration, the Budget Department, and a number of

other offices which it is not necessary to enumerate.

In these offices the ministerial functions of the OKW were carried out.

I would like...

THE PRESIDENT: Dr. Nelte, I think the Tribunal has followed the

distinction which the defendant has made between the General Staff for

the High Commands and the position of the OKW; but is it necessary for

the Tribunal to go into all these details?

DR. NELTE: I had finished dealing with this section.

THE PRESIDENT: Very well.

DR. NELTE: I want to put just one more...

THE PRESIDENT: Before you pass from this document that you have just put

before the Tribunal, this diagram, are you desiring to make an exhibit

of that?

DR. NELTE: I would like to submit it in evidence. You will also be given

a translation.

THE PRESIDENT: If so, what number will you give it? You must number all

your exhibits.

DR. NELTE: Please number it, Keitel-1(a).

THE PRESIDENT: Who prepared it?

DR. NELTE: We prepared it and the technical division of the Prosecution

has reproduced it. The Prosecution also are in possession of the

diagram.

THE PRESIDENT: Have you asked the defendant to confirm that it is

correct?

DR. NELTE: Field Marshal, would you please look at this diagram and

confirm whether it is correct?

KEITEL: Yes, I recognize the diagram...

GEN. RUDENKO: Mr. President, the Prosecution have not received this

diagram. Therefore, the Prosecution would like, before making

conclusions, to acquaint themselves with this diagram.

THE PRESIDENT: Have you got any more copies of it, Dr. Nelte?

DR. NELTE: They can be obtained and distributed right away. Then I would

like the Tribunal to reserve its decision until the diagrams have been

submitted in sufficient numbers.

KEITEL: I recognize this diagram as correct. It does not contain the

minor changes which occurred from the time of the creation of the OKW up

to the time which I have mentioned, changes brought about by the

reorganization of the armament ministries, _et cetera_, but it shows the

manner in which it actually worked during the last years.

THE PRESIDENT: Go on, Dr. Nelte.

DR. NELTE: In order to terminate this group of questions I would like to

say the following: Is it correct that according to this, all the Keitel

orders, Keitel decrees, which have been submitted by the Prosecution,

were in reality Führer orders, that is to say, orders which were the

expression of Hitler’s will, based on his instructions and commands?

KEITEL: Yes, that is the correct definition of the summary of the

testimony I have given. I would like to state again in summarizing that,

as I have stated from the beginning, I assume and have assumed

responsibility for these orders insofar as they are connected with my

name, for the position was this: I, of course, knew the contents of

these orders which I executed. I recognize my signature, of course, in

the documents which have been submitted to me and therefore I accept the

documents as authentic. I may add that insofar as I had military or

other objections to the orders, I naturally expressed them very forcibly

and that I endeavored to prevent orders being given which I considered

controversial. But I must state in all truth that if the decision had

been finally made by Hitler, I then issued these orders and transmitted

them, I might almost say, without checking them in any way.

DR. NELTE: Mr. President, before I enter upon the next phase of my

questions I should like to state the following:

The Prosecution have deduced Keitel’s participation in the many crimes

which have been described here from various facts, facts which cannot

always be connected with each other and made to agree. The Prosecution

have stated that he was a powerful and important staff officer. That is

set out in the Indictment. Then the Prosecution stated that he was a

tool without a will of his own and that the relation between himself and

Hitler was an intimate one.

You will understand that if the defendant wants to clarify or to protest

against these things he must explain the relation between himself and

Hitler.

THE PRESIDENT: Dr. Nelte, that is what the defendant has been doing. He

has been explaining his relationship to Hitler, and if you want to

elucidate it further you must ask him further questions.

DR. NELTE: I only wanted to let him speak about the private relation to

Hitler. So far we have been concerned only with the official relation.

[_Turning to the defendant._] Would you please tell us something about

the co-operation between you and Hitler? I ask you to be as brief as

possible and tell us only the most necessary facts, but at the same time

give us a correct picture.

KEITEL: The co-operation can be characterized only as one between a high

military superior and his subordinate. In other words, the same

relations as I have always had in my military career with the senior

officers of whose staff I was a member. The relation between Hitler and

myself never departed from this strictly military and soldierly

relationship. Of course, it was my right and my duty to express my

opinions. How difficult that was can be judged only by someone who knows

that Hitler, after a few words, was wont to take over the entire

discussion and to exhaust the subject entirely from his point of view.

It was then very difficult, of course, to come back to the subject

again. I may say that due to my various positions in high staff offices

I was quite used to dealing with the superior commanders, if I may use

that expression. However, I was quite unaccustomed to the conditions

which I encountered here. They surprised me, and not infrequently they

reduced me to a state of real uncertainty. That can be understood if one

knows that Hitler, in soldiering or military questions, if I were to

express myself very cautiously, was a man with far-reaching plans for

reform with which I, with my 37 years of service as a soldier of the old

school, was confronted.

DR. NELTE: Was it the same during the war or do you refer to the time

before the war?

KEITEL: During the war these controversies were moderated by the events,

so that actuality was strongly influenced by the urgency of the

situation. Therefore, these things did not appear in that form. On the

other hand, the position then was that Hitler in his discussions about

the situation had a comparatively large circle of about twenty people

assembled around him, and speaking in military terms, unsparingly made

his accusations—objections and criticism—directed, as a rule, at

people who were not present. I took the part of the absent person as a

matter of principle, because he could not defend himself. The result was

that the accusations and criticism were then aimed at me, and my

training as a soldier finally forced me to control myself, because it is

unseemly to answer back or to oppose or to attempt to contradict a

superior before very young subordinates, such as those who were present.

Opposition to a superior or to personalities, no matter what their rank,

was unbearable to the Führer. One could then attempt to speak to him

about these things only in private.

DR. NELTE: Had you the feeling that you had Hitler’s confidence?

KEITEL: I could not say yes. I must frankly admit that Hitler’s

confidence in me was not without reservations, and today I know only too

well that there were many things concerning which he had never spoken

frankly to me and about which he never took me into his confidence. It

was a fact that Hitler was very suspicious of the old or elderly

generals. For him they were products of an old and antiquated school and

in this sense he was to us old soldiers a man who brought new

revolutionary ideas into the Wehrmacht and wished to incorporate them

into Wehrmacht training. This frequently led to serious crises. I

believe I do not have to elaborate on that. The real evil, however, was

that this lack of confidence led him to believe that I was in conspiracy

with the Army generals behind his back and that I supported them against

him. Perhaps that was a result of my habit of defending them because

they could not defend themselves. At various instances that led to

extremely acute and serious crises.

DR. NELTE: Much will depend upon stating how your co-operation with

Hitler has to be valued, particularly to what extent you could be

considered his collaborator or adviser. Will you tell me whether Hitler

discussed his plans with you in the manner which is customary in close

collaboration?

KEITEL: In general I must deny that. It was not in any way in keeping

with Hitler’s peculiar disposition and personality to have advisers of

that kind, that is, if you call an adviser someone who gives advice in

the sense of presenting, let us say, a great number of military elements

from long experience as an officer, but not in the sense of an adviser

to help to formulate a decision, such far-reaching decisions which are

doubtlessly meant here. On principle, such a decision was preceded by

weeks or months of careful consideration. During that time one had to

assist by procuring documents, but concerning the main point, the

decision itself, he did not brook any influence. Therefore, strange as

it may sound, the final answer always was: “This is my decision and it

is unalterable.” That was the announcement of his decision.

DR. NELTE: But if various departments were competent for these

decisions, were there no general conferences?

KEITEL: No. I cannot recall that any one of the really important

decisions after the year 1938 had ever been formulated as the result of

joint counsel for instance between the politicians, the soldiers or

other ministers, because it was Adolf Hitler’s own way to speak,

privately as a rule, to each department and each department chief, to

learn from him what he wanted to know, and then to find out some element

that could be used in the elaboration of his plans. Things were not at

all as would appear from the documents here of minutes of conferences of

generals, of meetings and similar things with a list of those present.

Never did such a meeting have the character of a deliberation. There

could be no question of that. Rather, the Führer had a certain idea, and

if for various reasons he thought that we opposed that idea even

inwardly, he used that as a reason to clarify his thoughts before a

large circle without any discussion. In other words, in these

assemblies, which the documents here speak of as conferences, there was

never any deliberation. I must add that even the external form which

these things took was such that, following the military example, the

senior commander convened a certain number of generals, everyone was

seated, the Führer arrived, spoke and went out. No one in such a

situation could have found an opening to say anything. To use just one

word for it, and I certainly do not exaggerate, it was the issuing of an

order but not a conference.

DR. NELTE: To come to a different subject, the Prosecution have asserted

that you had been a member of the Reich Government. What do you have to

say about that?

KEITEL: I never belonged to the Reich Government and I was also never a

member of the Cabinet. I must also state that I never became a minister,

but as is stated in the decree of 1938, “he has the rank of a Reich

minister,” not “he is Reich minister.” The expression “minister” is, of

course, simply intended to indicate the rank of minister and there was a

good reason for that. I need point out only what I said this morning: It

was not intended that there should be anyone holding an office with the

authority of a minister between Hitler and the Wehrmacht, and the

branches of the Wehrmacht. I must clarify the question which has been

frequently raised by the Prosecution that “He had the rank of a

minister,” by saying that, before the decree was issued, I asked whether

I was to deal with the State secretaries or with the ministers, and

Hitler said, “If on my orders you deal with other ministers of the

Reich, then, of course, you can do so only with the rank of a minister,

not on the level of a state secretary.”

That is the explanation of the expression in the decree “He has the rank

of a Reich minister.”

DR. NELTE: Did you, in the headquarters have any conferences with other

important and competent personalities, such as Ribbentrop, Rosenberg,

Speer, Sauckel, _et cetera_?

KEITEL: Ministers or special plenipotentiaries visited headquarters

according to a plan which very seldom led to the simultaneous presence

of several of them. Generally, it was carefully arranged so that a

special time was set aside for each one. As a rule, I was of course

informed that “the Foreign Minister is here” or “Minister Speer is here”

or the “Plenipotentiary General for Allocation of Labor Sauckel is

here.” However, I was called in only in regard to purely military

questions which the Führer discussed with these gentlemen in private and

I could give instances of this. However, as has already been mentioned

recently, during the interrogation of State Secretary Steengracht, it

would be false to believe that these gentlemen who came to headquarters

formed a small or select cabinet. Hitler dealt with each of these

officials and functionaries separately, gave him his orders, and

dismissed him. It sometimes happened that on the way home, these

gentlemen visited me, mostly to ask me about small questions and small

favors which I could do for them or with instructions to inform me about

a decision or with the order to forward a decision to those military

offices which had to be notified.

DR. NELTE: In concluding, I would like to know whether the expression

“intimate” which is contained in the Indictment, is correct in order to

describe the relations between you and Hitler, privately or officially?

KEITEL: I found the word “intimate” in the Indictment and I asked myself

the question, “Where does this conception originate?” To be quite frank,

I have but one answer for it, that is that no one ever heard a single

word from me about the actual and constant difficulties that I had. I

deliberately kept quiet about them. Intimate relations are, according to

my definition of “intimate”—I do not know if in the English translation

“intimate” expresses the same thing which we call “intim”—relations

where there is confidence and frank discussion and these did not exist.

I have already characterized it. Intimacy was not Hitler’s attitude

towards the generals, to whose senior generation I also belonged. Apart

from the very formal intercourse which sometimes lasted for weeks and in

which even the external forms were hardly observed—I do not want to

discuss this in detail here—the relation never reached a point where it

could be classified as that of a close adviser or a close collaborator

as I conceived it in my Army staff positions. I must say that for my

part I have been faithful and loyal and I always fulfilled my duties in

that manner. However, I must also say that a sincere and personal

relation based upon mutual understanding and confidence never existed.

It has always been correct, but it was military and official, and never

went beyond that.

DR. NELTE: By the decree of 4 February 1938 a Secret Cabinet Council was

established. According to the contents of that decree, you are supposed

to have been a member of the Cabinet Council. In order to save time, I

merely wish to ask you: Do you confirm from your own knowledge the

statement made by Reich Marshal Göring, that the Secret Cabinet Council

was established only for appearances and that a Secret Cabinet Council

was never constituted and that it never had a session?

KEITEL: I can answer only, “Yes, never.”

DR. NELTE: I come now to the question of the Reich Defense Council

(Reichsverteidigungsrat). In the session of 23 November, the prosecutor

submitted in evidence, as proof of the rearmament and the active

participation of the Wehrmacht in the planning of war of aggression,

among others:

Document EC-177, which was designated as “Meeting of the Reich Defense

Council of 22 May 1933.” I must say that I have taken the translation

from the minutes and I am not sure whether the expression

“Reichsverteidigungsrat” was translated correctly. In the minutes it

states that it is a meeting of the working committee. For your

information may I say that the Reichsverteidigungsrat was supposed to be

a sort of ministerial body and that in addition, there was a working

committee.

A second document, EC-405, was submitted concerning a meeting of the

same body on 7 March 1934; and a third document, 2261-PS, dealing with

the Reich Defense Law of 1935 and the simultaneous appointment of Dr.

Schacht as Plenipotentiary General for War Economy.

Beyond doubt, you have been active in questions of national defense.

These documents are also submitted as evidence against you. I ask you,

therefore, to state whether these meetings in which you participated and

which you conducted, were concerned with preparations for war and

rearmament.

KEITEL: From the very beginning, as long as we were working on these

things and by means of a committee of experts from which everything else

evolved, I personally participated in these matters, and I may call

myself the founder of that committee of ministerial experts which was

set up to co-operate with the War Ministry. As Chief of the

Organizational Department of the Army, in the winter of 1929 and 1930,

that is, 3 years before Hitler came to power, I formed and personally

assembled that committee after the Chancellor—I believe it was

Brüning—and the Prussian and Reich Minister of the Interior Severing

had consented to it. I would like to add that a representative of

Minister Severing was always present to make sure that nothing took

place which would have been in violation of the Treaty of Versailles.

This work was very difficult, because no Reich minister and no

department head was officially obliged to carry out the wishes of the

National Ministry of Defense, this was purely voluntary. Consequently,

the work went along haltingly and slowly. In this committee of experts

which met perhaps two or three times a year, we dealt with, if I may put

it briefly, what assistance the Civilian Department could render, in

order to set free the small army of 100,000 soldiers for purely military

tasks, naturally limiting ourselves to the defense of our frontiers, as

stated in the Treaty of Versailles: “The Defense of the Frontiers”; I

could perhaps still repeat our discussion from memory, since, with the

exception of the period from 1933 to 1935, I conducted every one of

these meetings myself, that is as leader of the discussion, not as

chairman. I can, however, refer you now to the _Mobilization Handbook

for Civil Authorities_, which was the outcome of this work and about

which I shall speak later. It may be possible to submit it here. We were

concerned only with questions of defense, such as the protection of our

frontiers, and, in order to make myself clear, I should like to mention

some of them. The Wehrmacht was to be free to protect railway property,

post office property, repeater stations, radio stations, and to man the

frontiers with security units for which the Customs Services were to be

responsible. Cable and sea communications with East Prussia were also to

be improved.

I will not bore you with all this. They were all defensive measures with

a view to freeing the few soldiers for purely military functions,

because for purposes of actual military operations I need not tell you

what we could have done with an army of only 100,000 men. Any questions

which went beyond this were never dealt with in that committee. The

manner in which we worked was this: I asked the experts to submit their

wishes to the heads of departments or state secretaries and then to try

to persuade the heads of departments to take over the tasks from us, so

that we could say that was being done by others and we need not bother

about it. I can guarantee that operational questions, strategic

questions, armament questions, questions of supply of war equipment,

were never discussed in this committee. They were only organizational

questions of the taking over of functions which generally should be

performed by a soldier, but which we wanted to transfer to the civil

authorities.

Now, as to the meeting of 22 May 1933, which has been discussed several

times, it was already stated in the heading of the minutes which we have

before us: “Competency—heretofore the Reichswehrminister, now the Reich

Defense Council”—I have just explained that. Hitherto

Reichswehrminister, over the committee, voluntary participation of the

ministers of other departments, now obligatory activity of the heads of

departments, that is, the group of ministers who received the title of

“Defense Council.” I will express that even more clearly, so that it

cannot be misunderstood. Every member of the committee represented a

ministry. The minister to whom the committee member was responsible,

along with his colleagues, formed the Reich Defense Council, as

envisaged by us then. They were the Council and we were the Committee.

Therefore, “heretofore the Reichswehrminister”—now, one could say, as I

have just expressed it, the other ministers were obliged to do that.

In Paragraph 3 the working plans were particularly mentioned. These

working plans, in a word, are the forerunner of the _Mobilization Book_,

which is the final stage; whereas the working plans of about 1933 were

the intermediary stage. Then as regards the concluding words at the

meeting of 22 May 1933, which have been given special prominence here by

the Prosecution, and which deal with the need for secrecy—the passage

where I said, according to the minutes, that nothing which could lead to

objections at the Disarmament Conference should be left lying in the

desks of the ministries—that is correct. I did say that, and I have

said it because the experts told me that, with the exception of a small

wooden box or a drawer in a desk which could not be locked, they had no

place in which to keep anything, and because Von Blomberg, Reich War

Minister at that time, who had been in Geneva at the Disarmament

Conference for almost two years, gave me the definite order before this

meeting, to point out these things, because in Geneva one was surrounded

by an extremely large number of agents who were only waiting to be able

to present proof that, in spite of the disarmament negotiations, there

were things going on which could be interpreted as violations of the

Versailles Treaty. That is what I had to say about the document.

DR. NELTE: I have given to you now the _Mobilization Book for the Civil

Administration_. It is Document 1639-PS. It has been submitted in order

to prove that aggressive wars were being planned. Would you explain to

us the purpose of this book?

KEITEL: I have already stated that at an earlier stage, that is, during

the years 1932-33, the individual ministries had so-called working

plans, indicating what they were to do if something happened which

necessitated their participation in defending the country. In the course

of years, naturally, a number of new tasks were added and that finally

led to this _Mobilization Book_ for the civil authorities and civil

administration, the study of which would certainly show nothing which

might have anything to do with strategic, operational, or other

preparations for war. On the other hand, I am not in a position to prove

that everything contained in this book could never have been useful in

military operations which could develop from an aggressive war plan.

Many measures, one could almost say most measures, in the event of

mobilization would not indicate on the surface whether it is a measure

for defense or a measure which is necessary or indispensable for

aggressive action. That cannot be determined. But I believe I can say,

because I, myself, have been engaged so deeply in this work, perhaps

more than in any other, that there was no reason at all to burden the

civilian experts—they were high government counsellors—with strategic

or operational planning. I do not believe that it is necessary to prove

that such work is not within their scope. I have looked through and

studied this mobilization book here. I do not wish to bore you by citing

points which are of a purely defensive nature. I could name them:

barriers, reinforcement of the frontier defenses, demolitions, cutting

of railroads and similar things, all this is in the book. One of the

most important chapters, which, if I remember correctly, we discussed

during four or five of these sessions, was the question of evacuation,

that is, evacuating territories close to the border of valuable war

material and personnel, so that, in case of war with the neighbor, they

should not fall into the hands of the enemy. This problem of evacuation

was one of the most difficult, because the extent to which one can

evacuate, that is, what things can be evacuated, is perhaps one of the

most difficult decisions to make.

I would like to say one more thing about the Reich Defense Committee,

supplementing the ideas which I expressed before. Until the year 1938,

no meeting or session of the Reich Defense Council was ever held, that

is, the ministers who were the superiors of the committee members never

met, not even once. I would have known about it, although at the cabinet

meeting, I believe as early as March 1933, we passed a resolution to

make these ministers responsible for a Reich Defense Council which

should deal with these tasks, and to oblige them to take over these

tasks as their necessary contribution to the defense of the Reich, and,

of course, to finance them. That was the main purpose, otherwise the

Reich Defense Council never met.

DR. NELTE: Actually, the minutes which have been presented, for the

period of ’33 to ’38, are of the meetings of the working committee. But

you know that about eight days ago two documents were submitted which

appeared to be the minutes of the meetings of the Reich Defense Council.

One session or assembly is supposed to have taken place in November

1938, and the second one in March 1939. Unfortunately these documents

have not been submitted to me, but I have looked at them and you have

also seen them. Can you explain to us how these minutes, that is, these

meetings came about and what they mean?

KEITEL: I merely wish to add a few supplementary words to the statement

which Reich Marshal Göring has already made. In December 1938, there was

passed the Reich Defense Law, which had been drawn up in 1935, a shelved

law, that is, a law which had not been made public and which required

modification, the reason being that the Reich Defense Law of ’35 was

devised by the Reich War Minister, Commander-in-Chief Von Blomberg, who

no longer held office. I was with Reich Marshal Göring at that time to

discuss this with him and to find a new basis for this law, which until

then had not been published. This law of the autumn of 1938 had a number

of supplementary clauses as compared to the old one, and perhaps I will

be able to give details later. Among other things, according to this law

also, Reich Marshal Göring was the delegate of the Führer, a function

formerly held by the Reich War Minister and which I could not exercise.

This conference in November 1938, to recall it briefly, had been

convened by Reich Marshal Göring in order to present this law which had

not been published, and which was not to be published, to a large circle

of members of the ministries. There were about seventy or more persons

present to whom the Reich Marshal explained the purpose and the essence

of this law in the form of a speech. There was no discussion, apart from

that speech, and there was certainly no question of a meeting of the

Reich Defense Council at that time.

You also recently showed me the second document of a meeting of the

Reich Defense Council as it is called and as also appears in the heading

of the minutes of the summer 1939.

DR. NELTE: No, March 1939.

KEITEL: That has been mentioned here, and I believe it was the second

meeting of the Reich Defense Council. I can explain that. This is how it

was: I called a meeting of the committee and, of course, furnished Reich

Marshal Göring with the agenda and the names of the people who were to

be present. Reich Marshal Göring informed me that he would come himself

and that since he wished to discuss other questions, he would

accordingly enlarge the attendance. This conference, therefore, had an

agenda which I had planned for the committee, and concrete questions

were also brought up for debate. It is, however, remarkable that

according to the list of those present, that is, according to the

numbers, the members of the Reich Defense Council were represented by

only a very small number, almost not at all, although there were about

forty or fifty people present. The Reich Defense Council itself was a

body of 12 people, and it needs no further explanation that, from the

form in which these two conferences took place, one could not say that

this was a plenary session of the Reich Defense Council based upon a

clearly defined agenda, but rather that there were two meetings, the

motive and extent of which I have described here.

[_A recess was taken._]

THE PRESIDENT: Dr. Nelte, the Tribunal thinks that you might get on a

little more quickly with the defendant. The Tribunal recall that you

asked a few days ago that you might submit an affidavit of the

defendant’s evidence, and there is in your document book an affidavit.

You have been over all those matters in the affidavit at very much

greater length than you would have gone into them if you read the

affidavit, and we hope that you will be able to deal more shortly with

the evidence in future.

DR. NELTE: Mr. President, I made every effort to be as brief and concise

as possible in my questions, but testimony is, of course, always

subjective. The defendant is unfortunately the one who is mentioned most

frequently in this Trial and naturally he is interested in clarifying

those matters which he considers essential in order to present his case

clearly.

THE PRESIDENT: Well, Dr. Nelte, I do not think it is necessary to

discuss the matter further; but the Tribunal have expressed their wish.

DR. NELTE: As far as I am able, I shall comply with your request, Mr.

President.

[_Turning to the defendant._]

Field Marshal Keitel, you have just given us an explanation of the Reich

Defense Council and the Reich Defense Committee. You probably realize

that we are not and should not be so much concerned with whether

decisions are made by a Reich Defense Council or a Reich Defense

Committee. We are interested in what actually took place and whether or

not these things justify the imputations of the Prosecution. In this

respect I ask you to tell me if those things which you discussed and

planned on the Reich Defense Committee justify the suspicion that you

were considering aggressive war?

KEITEL: I realize fully that we are not concerned with the formality of

whether it was the Council or the Committee, since the Council was a

board of ministers while the Committee was a board of minor experts. We

are concerned with what actually did take place and what was done. With

the exception that in the year 1934 and until the autumn of 1935 I was

not present at these discussions, and therefore cannot vouch for every

word which was spoken at that time, I must state that nothing about the

planning of wars, the preparing for wars, the operational, strategical,

or armed preparedness for war, was ever discussed.

DR. NELTE: The Prosecution has labeled you as a member of the Three Man

College, from which they have deduced that you had special powers to act

within the German Reich Government. I am submitting to you Document

2194-PS. In this document in the Reich Defense Law of 1938, Paragraph 5,

Subsection 4, you will find the source of this term which in itself is

not official.

KEITEL: The Reich Defense Law of 1938 provided for a plenipotentiary

general for administration in order to restrict the size of the body.

The Reich Minister of the Interior was to have this office and further,

according to Paragraph 5, Subsection 4, the Supreme Command of the Army

was to have priority influence in regard to the State Railways and the

State Postal Services, for in the event of mobilization, transports must

run and the services for the transmission of news must be available, as

is the case in all countries.

The Three Man College is a concept which I have never heard of until

just now. It probably refers to the Plenipotentiary General for

Administration, the Plenipotentiary General for Economy and the Chief of

the OKW. It referred to these three. There is no doubt about it,

because, in line with the Reich Defense Law, they were already supposed

to have a number of decrees ready in the drawers which were to be

published when this law was made public, and each one of the three had

to make the necessary preparations in his own sphere. From the right to

assume these functions by reason of these authorities the Three Man

College concept originated.

DR. NELTE: The Prosecution then contended that according to Document

2852-PS you were a member of the Council of Ministers for Defense of the

Reich. Did you become a minister through this membership in the Reich

Defense Council?

KEITEL: I might perhaps say a few words to begin with about the Council

of Ministers, insofar as the Reich Defense Law, the Reich Defense

Committee and the Reich Defense Council, disappeared as a result of the

law regarding the Council of Ministers for Defense of the Reich, that

is, they were never made public and never put into effect. The Council

of Ministers for Defense of the Reich was newly created on 1 September

1939 and this made all these preparations on paper in the Reich Defense

Council, Reich Defense Committee and the law null and void and put in

its place a new thing, an institution. This institution, the Council of

Ministers for Defense of the Reich, was now the small war cabinet,

which, if I may say so, should previously have been the Reich Defense

Council with their limited number of members. Thus, a new basis was

established, and new decrees which were necessary were put into effect

by the Council of Ministers for Defense of the Reich, after it had been

created and officially confirmed.

I was called into this Council of Ministers or rather I received a chair

in this Council of Ministers. I prefer not to give the reasons, because

they were entirely private. It was a compensation for opposition against

these things—I never became active in this Council of Ministers for

Defense of the Reich, but I was a member; it was not necessary to be

active since in the purely military sphere, that is, things with which

the Wehrmacht immediately was concerned, the Führer personally, without

the Council of Ministers, issued the necessary decrees with his own

signature and the detour via the Council of Ministers in Berlin was not

necessary; and in my opinion I must deny that I became a minister by

this appointment. The authority to exercise the functions of a minister

was in no way given. I was only the representative of the Wehrmacht in

this Council of Ministers.

DR. NELTE: However, your name is indisputably at the bottom of many laws

and decrees which were issued. How do you explain the signature on these

laws?

KEITEL: Yes, I did sign a series of decrees issued by the Council of

Ministers because they were submitted to me by the Secretariat, that is,

the Chief of the Reich Chancellery, Minister Lammers, with a request for

my signature. When I questioned the necessity for doing this, I received

a formal answer from Lammers to the effect that other Reich departments

might see that the Wehrmacht was not excluded from these decrees or

laws. That is why my signature is included. It means that the Wehrmacht

must also obey these decrees and laws. That is why I had no misgivings

in signing my name.

DR. NELTE: The Prosecution further accuse you of having been a political

general. Undoubtedly you appeared at various special functions. Will you

please answer this accusation and tell us how it came about?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 10 · 第 49 / 56 题